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

Vol. 153 WASHINGTON, MONDAY, JULY 30, 2007 No. 123—Part II House of Representatives HONORING 50TH ANNIVERSARY OF America’s Treasures project, and is accred- (2) directs the Secretary of the Senate to STAN HYWET HALL & GARDENS ited by the American Association of Muse- transmit a copy of this resolution to the ums; Stan Hywet Hall & Gardens in Akron, Ohio. Mr. DAVIS of Illinois. Mr. Speaker, I Whereas more than 5,000,000 people from The concurrent resolution, as amend- ask unanimous consent that the Com- around the world have visited Stan Hywet ed, was agreed to. mittee on Oversight and Government Hall & Gardens, with the number of visitors AMENDMENT TO THE PREAMBLE OFFERED BY Reform be discharged from further con- annually averaging between 150,000 and MR. DAVIS OF ILLINOIS sideration of the concurrent resolution 200,000 since 1999; Mr. DAVIS of Illinois. Mr. Speaker, I (H. Con. Res. 143) honoring the 50th an- Whereas Stan Hywet Hall & Gardens con- offer an amendment to the preamble. niversary of Stan Hywet Hall & Gar- tributes over $12,000,000 annually to the The Clerk read as follows: greater Akron economy; dens, and ask for its immediate consid- Amendment to the preamble offered by Mr. eration in the House. Whereas Stan Hywet Hall & Gardens is a recipient of the Trustee Emeritus Award for DAVIS of Illinois: The Clerk read the title of the con- Strike the preamble and insert the fol- Excellence in the Stewardship of Historic lowing: current resolution. Sites from the National Trust for Historic Whereas National Historic Landmarks are The SPEAKER pro tempore. Is there Preservation, only the fourth recipient of nationally significant historic places, des- objection to the request of the gen- the Award after George Washington’s Mount ignated by the Secretary of the Interior be- tleman from Illinois? Vernon, Thomas Jefferson’s Monticello, and There was no objection. cause they possess exceptional value or qual- Washington, DC’s Octagon House; and ity in illustrating or interpreting the herit- The Clerk read the concurrent reso- Whereas Stan Hywet Hall & Gardens relies lution, as follows: age of the United States; on more than 1,300 volunteers to ensure that Whereas Congress recognizes that Stan H. CON. RES. 143 its doors remain open to the public, includ- Hywet Hall, located in Akron, Summit Coun- Whereas Stan Hywet Hall was built be- ing the Women’s Auxiliary Board, the ty, Ohio, has been designated as a National tween 1912 and 1915 by Franklin ‘F.A.’ Augus- Friends of Stan Hywet, the Stan Hywet Historic Landmark since December 21, 1981; tus Seiberling and his wife, Gertrude; Gilde, the Stan Hywet Needlework Guild, the Whereas Stan Hywet Hall was built be- Whereas Franklin Seiberling hired archi- Stan Hywet Flower Arrangers, the Stan tween 1912 and 1915 by Franklin ‘‘F.A.’’ Au- tect Charles S. Schneider of Cleveland to de- Hywet Garden Committee, the Carriage gustus Seiberling and his wife, Gertrude; sign the home, landscape architect Warren House Gift Shop, the Conservatory, Vintage Whereas Franklin Seiberling hired archi- H. Manning of Boston to design the grounds, Base Ball, Vintage Explorers, the Akron Gar- tect Charles S. Schneider of Cleveland to de- and Hugo F. Huber of New York City to deco- den Club, and the Garden Forum of Greater sign the home, landscape architect Warren rate the interior; Akron: Now, therefore, be it H. Manning of Boston to design the grounds, Whereas Stan Hywet Hall is one of the fin- Resolved by the House of Representatives (the and Hugo F. Huber of New York City to deco- est examples of Tudor Revival architecture Senate concurring), That Congress— rate the interior; in the United States; (1) congratulates Stan Hywet Hall & Gar- Whereas Stan Hywet Hall is one of the fin- Whereas Alcoholics Anonymous, an organi- dens on its 50th anniversary; est examples of Tudor Revival architecture zation that continues to help millions of in- (2) honors Stan Hywet Hall & Gardens for in the United States; dividuals worldwide recover from alcohol ad- its commitment to sharing its history, gar- Whereas Alcoholics Anonymous, an organi- diction, was founded on Mother’s Day 1935 dens, and art collections with the public; and zation that continues to help millions of in- following a meeting between Mr. Bill Wilson (3) directs the Secretary of the Senate to dividuals worldwide recover from alcohol ad- and Dr. Bob Smith and hosted by Henrietta transmit a copy of this resolution to Stan diction, was founded on Mother’s Day 1935 Seiberling at Stan Hywet Hall; Hywet Hall & Gardens. following a meeting between Mr. Bill Wilson Whereas, in 1957, in keeping with the Stan and Dr. Bob Smith which was hosted by Hen- AMENDMENT OFFERED BY MR. DAVIS OF Hywet Hall crest motto of ‘Non Nobis Solum rietta Seiberling at Stan Hywet Hall; ILLINOIS (Not for Us Alone)’, the Seiberling family do- Whereas in 1957, in keeping with the Stan nated Stan Hywet Hall to a nonprofit organi- Mr. DAVIS of Illinois. Mr. Speaker, I Hywet Hall crest motto of ‘‘Non Nobis zation, which came to be known as Stan offer an amendment. Solum’’ (or ‘‘Not for Us Alone’’), the Seiber- Hywet Hall & Gardens, so that the public The Clerk read as follows: ling family donated Stan Hywet Hall to a could enjoy and experience part of a note- nonprofit organization, which came to be worthy chapter in the history of the United Amendment offered by Mr. DAVIS of Illi- known as Stan Hywet Hall & Gardens, so States; nois: that the public could enjoy and experience Whereas Stan Hywet Hall & Gardens is Strike all after the resolving clause and in- part of a noteworthy chapter in the history identified as a National Historic Landmark sert the following: of the United States; by the Department of the Interior, the only That Congress— Whereas we are honoring and congratu- location in Akron, Ohio, with such a designa- (1) recognizes that National Historic Land- lating Stan Hywet Hall & Gardens on its 50th tion and one of only 2,200 nationwide; marks are places where significant historical anniversary and for its commitment to shar- Whereas Stan Hywet Hall & Gardens is one events occurred or where prominent Ameri- ing its history, gardens, and art collections of Ohio’s top 10 tourist attractions, is a Save cans worked or lived; and with the public;

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.

H8837

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VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.024 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8838 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Whereas Stan Hywet Hall & Gardens is Postal Service located at 44 North Whereas organized youth sports help chil- identified as a National Historic Landmark Main Street in Hughesville, Pennsyl- dren increase their self-esteem, develop an by the Department of the Interior, the only vania, as the ‘‘Master Sergeant Sean appreciation of health and fitness, and be- location in Akron, Ohio, with such a designa- Michael Thomas Post Office,’’ and ask come leaders within the community; tion and one of only 2,200 nationwide; Whereas organized youth sports provide for Whereas Stan Hywet Hall & Gardens is one for its immediate consideration in the regular physical activity and help combat of Ohio’s top 10 tourist attractions, is a Save House. increasing rates of childhood obesity; America’s Treasures project, and is accred- The Clerk read the title of the bill. Whereas the Congressional Caucus on ited by the American Association of Muse- The SPEAKER pro tempore. Is there Youth Sports was created, with great help ums; objection to the request of the gen- and support from the Citizenship Through Whereas more than 5,000,000 people from tleman from Illinois? Sports Alliance, Positive Coaching Alliance, around the world have visited Stan Hywet There was no objection. and National Recreation and Park Associa- Hall & Gardens, with the number of visitors The Clerk read the bill, as follows: tion, to restore the focus in youth sports on annually averaging between 150,000 and the child’s experience and character develop- H.R. 2765 200,000 since 1999; ment; Whereas Stan Hywet Hall & Gardens con- Be it enacted by the Senate and House of Rep- Whereas far too many children quit par- tributes over $12,000,000 annually to the resentatives of the United States of America in ticipating in youth sports at a young age, greater Akron economy; Congress assembled, many telling coaches and parents, ‘It just Whereas Stan Hywet Hall & Gardens is a SECTION 1. MASTER SERGEANT SEAN MICHAEL wasn’t fun anymore’; recipient of the Trustee Emeritus Award for THOMAS POST OFFICE. Whereas the National Recreation and Park Excellence in the Stewardship of Historic (a) DESIGNATION.—The facility of the Association has designated July as Parks Sites from the National Trust for Historic United States Postal Service located at 44 and Recreation Month; Preservation, only the fourth recipient of North Main Street in Hughesville, Pennsyl- Whereas many youth sports organizations the Award after George Washington’s Mount vania, shall be known and designated as the gather at local parks and recreation facili- Vernon, Thomas Jefferson’s Monticello, and ‘Master Sergeant Sean Michael Thomas Post ties across the country; and Washington, DC’s Octagon House; and Office’. Whereas designating the fourth week in Whereas Stan Hywet Hall & Gardens relies (b) REFERENCES.—Any reference in a law, July as National Youth Sports Week would on more than 1,300 volunteers to ensure that map, regulation, document, paper, or other raise awareness of the important physical its doors remain open to the public, includ- record of the United States to the facility re- and emotional benefits of participating in ing the Women’s Auxiliary Board, the ferred to in subsection (a) shall be deemed to youth sports and the need to promote sports- Friends of Stan Hywet, the Stan Hywet be a reference to the ‘Master Sergeant Sean manship among players, parents, coaches, Gilde, the Stan Hywet Needlework Guild, the Michael Thomas Post Office’. and officials: Now, therefore, be it Stan Hywet Flower Arrangers, the Stan Mr. DAVIS of Illinois. Mr. Speaker, Master Resolved, That it is the sense of the House Hywet Garden Committee, the Carriage Sergeant Sean Michael Thomas died on of Representatives that a National Youth House Gift Shop, the Conservatory, Vintage March 27, 2007 in Baghdad, Iraq. He was Sports Week should be established to pro- Base Ball, Vintage Explorers, the Akron Gar- serving with the Harrisburg-based 28th Divi- mote awareness of the importance of youth sports and the need to restore the focus in den Club, and the Garden Forum of Greater sion Support Command. Master Sergeant Akron: Now, therefore, be it youth sports on the child’s experience and Thomas joined the Pennsylvania National character development. Mr. DAVIS of Illinois. Mr. Speaker, National Guard in 1998 after 6 years in the Army Re- Mr. DAVIS of Illinois. Mr. Speaker, over 42 Historic Landmarks are significant places des- serve. He had planned to attend Officer Can- million children participate in youth sports all ignated by the Secretary of the Interior be- didates School in October and wanted to be a across our country, and their activities con- cause they possess exceptional value or qual- teacher when he returned to civilian life. His tribute greatly to their positive development ity in illustrating the heritage of the United unit’s commander, Colonel Jesse Deets, and enrich the quality of life for all. There are States. The U.S. Congress recognizes that called Master Sergeant Thomas a model offi- a number of benefits reaped by children’s in- Stan Hywet Hall, located in Akron, Ohio as a cer and friend. volvement in sports, such as better grades, National Historic Landmark since December Mr. Speaker, I commend my colleague Rep- excellent interpersonal skills and a healthier 21, 1981. Stan Hywet Hall was built between resentative CHRISTOPHER CARNEY for intro- lifestyle. Also, given the increasing numbers of 1912 and 1915 by Franklin ‘‘F.A.’’ Augustus ducing this legislation and urge the swift pas- children battling obesity, this is an important Seiberling and his wife, Gertrude. This land- sage of this bill. time for youth to become active in sports. mark is one of the finest examples of Tudor The bill was ordered to be engrossed H. Res. 442 is a bill that designates the Revival architecture in the United States. and read a third time, was read the fourth week in July as ‘‘National Youth Sports We are honoring Stan Hywet Hall and Gar- third time, and passed, and a motion to Week.’’ This legislation would raise awareness dens on its 50th anniversary and for its com- reconsider was laid on the table. of the important physical and emotional bene- mitment to sharing its history, gardens, and art f fits of participating in youth sports and the collections with the public. need to promote fun, sportsmanship, and ESTABLISHING A NATIONAL Mr. Speaker, I commend my colleague Rep- character development. resentative BETTY SUTTON for seeking to YOUTH SPORTS WEEK Mr. Speaker, I commend my colleague Rep- honor the 50th anniversary of Stan Hywet Hall Mr. DAVIS of Illinois. Mr. Speaker, I resentative MIKE MCINTYRE for introducing this and Gardens and urge the swift passage of ask unanimous consent that the Com- legislation and urge the swift passage of this this bill. mittee on Oversight and Government bill. The SPEAKER pro tempore (during Reform be discharged from further con- The resolution was agreed to. the reading). Without objection, the sideration of the resolution (H. Res. A motion to reconsider was laid on amendment to the preamble is consid- 442) expressing the sense of the House the table. ered as read. of Representatives that a National f There was no objection. Youth Sports Week should be estab- COMMENDING CRAIG BIGGIO OF The amendment to the preamble was lished, and ask for its immediate con- agreed to. THE HOUSTON ASTROS FOR sideration in the House. REACHING 3,000 BASE HITS The title was amended so as to read: The Clerk read the title of the resolu- ‘‘Concurrent resolution honoring Na- tion. Mr. DAVIS of Illinois. Mr. Speaker, I tional Historic Landmarks.’’. The SPEAKER pro tempore. Is there ask unanimous consent that the Com- A motion to reconsider was laid on objection to the request of the gen- mittee on Oversight and Government the table. tleman from Illinois? Reform be discharged from further con- f There was no objection. sideration of the resolution (H. Res. 501) commending Craig Biggio of the MASTER SERGEANT SEAN The Clerk read the resolution, as fol- lows: Houston Astros for reaching 3,000 base MICHAEL THOMAS POST OFFICE hits as a Major League player H. RES. 442 Mr. DAVIS of Illinois. Mr. Speaker, I and for his outstanding service to base- ask unanimous consent that the Com- Whereas about 42 million children partici- pate in organized sports each year; ball and the Houston, Texas, region, mittee on Oversight and Government Whereas children participating in orga- and ask for its immediate consider- Reform be discharged from further con- nized sports tend to perform better in school, ation in the House. sideration of the bill (H.R. 2765) to des- develop excellent interpersonal skills, and The Clerk read the title of the resolu- ignate the facility of the United States lead healthier lives; tion.

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.033 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8839 The SPEAKER pro tempore. Is there Mr. Speaker, I commend my colleague Rep- Currently, Mr. Briscoe continues to be active objection to the request of the gen- resentative KEVIN BRADY for introducing this in the agricultural community as a rancher in tleman from Illinois? legislation and urge the swift passage of this Uvalde and serves his community as the Sen- There was no objection. bill. ior Chairman of the First State Bank of The Clerk read the resolution, as fol- The resolution was agreed to. Uvalde. lows: A motion to reconsider was laid on Mr. Speaker, I commend my colleague Rep- H. RES. 501 the table. resentative CIRO RODRIGUEZ for introducing Whereas Craig Biggio has reached 3,000 f this legislation and urge the swift passage of base hits as a player this bill. and all while playing for the Houston Astros DOLPH S. BRISCOE, JR. POST OFFICE BUILDING The bill was ordered to be engrossed with an unmatched hustle and work ethic; and read a third time, was read the Whereas Craig Biggio is only the 27th play- Mr. DAVIS of Illinois. Mr. Speaker, I third time, and passed. er in Major League Baseball history to reach ask unanimous consent that the Com- this historic milestone, joining such baseball The title was amended so as to read: greats as Willie Mays, Hank Aaron, Tony mittee on Oversight and Government ‘‘A bill to designate the facility of the Gwynn, Cal Ripken Jr., and Ty Cobb; Reform be discharged from further con- United States Postal Service located at Whereas Craig Biggio is not only a member sideration of the bill (H.R. 2688) to des- 103 South Getty Street in Uvalde, of the exclusive 3,000 hit club, but also holds ignate the facility of the United States Texas, as the ‘Dolph Briscoe, Jr. Post the Major League record for most games Postal Service located at 103 South Office Building’.’’. played with one team at 2,768 and counting Getty Street in Uvalde, Texas, as the A motion to reconsider was laid on over the past 20 seasons; ‘‘Dolph S. Briscoe, Jr. Post Office Whereas Craig Biggio is 7th all-time in the table. Building,’’ and ask for its immediate Major League Baseball with 653 doubles and f should move into 5th place by the end of the consideration in the House. current season; The Clerk read the title of the bill. b 1230 Whereas Craig Biggio holds the Astros ca- The SPEAKER pro tempore. Is there ACKNOWLEDGING PROGRESS TO reer records for games played, at-bats, runs objection to the request of the gen- REBUILD GULF COAST REGION scored, hits, doubles, and extra-base hits; tleman from Illinois? AFTER HURRICANES KATRINA Whereas Craig Biggio is a tireless leader in There was no objection. AND RITA the community for charitable causes, serving The Clerk read the bill, as follows: for the last decade as lead spokesperson for H.R. 2688 Mr. DAVIS of Illinois. Mr. Speaker, I Sunshine Kids, which is an organization that Be it enacted by the Senate and House of Rep- ask unanimous consent that the Com- supports children fighting cancer and their resentatives of the United States of America in mittee on Oversight and Government families; Congress assembled, Reform be discharged from further con- Whereas Craig Biggio and his wife Patti sideration of the resolution (H. Res. have helped to raise nearly $2,000,000 for Sun- SECTION 1. DOLPH S. BRISCOE, JR. POST OFFICE BUILDING. shine Kids and have impacted numerous can- 551) acknowledging the progress made (a) DESIGNATION.—The facility of the cer-stricken families throughout the Hous- and yet to be made to rebuild the Gulf United States Postal Service located at 103 ton area by leading fun activities like at- Coast region after Hurricanes Katrina South Getty Street in Uvalde, Texas, shall tending Houston Astros, Rockets, and Texan and Rita, and ask for its immediate be known and designated as the ‘Dolph S. games and The Houston Livestock Show and Briscoe, Jr. Post Office Building’. consideration in the House. Rodeo; (b) REFERENCES.—Any reference in a law, The Clerk read the title of the resolu- Whereas Houston Astros owner Drayton map, regulation, document, paper, or other tion. McLane, Jr. recently stated, ‘No one has record of the United States to the facility re- The SPEAKER pro tempore. Is there meant more to our community development ferred to in subsection (a) shall be deemed to than Craig and Patti Biggio.’; and objection to the request of the gen- be a reference to the ‘Dolph S. Briscoe, Jr. tleman from Illinois? Whereas Craig Biggio has been honored Post Office Building’. with many awards to recognize his distin- There was no objection. guished contributions to the sport of base- AMENDMENT OFFERED BY MR. DAVIS OF The Clerk read the resolution, as fol- ball and to the community, including the ILLINOIS lows: Mr. DAVIS of Illinois. Mr. Speaker, I Hutch Award in 2005 for resilience and al- H. RES. 551 ways showing a fighting competitive spirit, offer an amendment. and being named one of Sporting News’ Good The Clerk read as follows: Whereas Hurricanes Katrina and Rita dev- astated the lives of 4.5 million people Guys in 2004 for all his community service Amendment offered by Mr. DAVIS of Illi- through loss of life and personal injury; de- work off the field: Now, therefore, be it nois: stroyed homes, businesses, and public prop- Resolved, That the House of Representa- Strike all after the enacting clause and in- erty; displaced people; and damaged cultural tives— sert the following: (1) commends Craig Biggio of the Houston assets and economies across the Gulf Coast SECTION 1. DOLPH BRISCOE, JR. POST OFFICE of the United States; Astros for reaching 3,000 base hits as a Major BUILDING. Whereas Hurricanes Katrina and Rita de- League Baseball player; (a) DESIGNATION.—The facility of the (2) recognizes his outstanding service to United States Postal Service located at 103 stroyed nearly every home and business in the community through his charitable work South Getty Street in Uvalde, Texas, shall Orleans Parish, St. Bernard Parish, and dedication to the Houston Astros organi- be known and designated as the ‘‘Dolph Plaquemines Parish, and Cameron Parish; zation; and Briscoe, Jr. Post Office Building’’. and thousands of homes in Calcasieu Parish (3) directs the Clerk of the House of Rep- (b) REFERENCES.—Any reference in a law, and other coastal parishes also suffered flood resentatives to transmit a copy of this reso- map, regulation, document, paper, or other damage; lution to Craig Biggio of the Houston Astros record of the United States to the facility re- Whereas Hurricane Katrina displayed and to Astros team owner Mr. Drayton ferred to in subsection (a) shall be deemed to winds peaking at 175 miles per hour; McLane, Jr. for appropriate display. be a reference to the ‘‘Dolph Briscoe, Jr. Whereas Hurricane Katrina made landfall Post Office Building’’. in the Gulf Coast region on August 29, 2005, Mr. DAVIS of Illinois. Mr. Speaker, on June as a powerful category 3 storm and the third 28, 2007, Mr. Craig Biggio is the 27th profes- The amendment was agreed to. Mr. DAVIS of Illinois. Mr. Speaker, Mr. strongest land-falling hurricane ever re- sional baseball player in major league history corded in the United States; to make 3,000 base hits. He is the ninth to do Dolph Briscoe was born on April 23, 1923 in Whereas Hurricane Katrina destroyed so while playing all of his games with one Uvalde, Texas. He graduated from the Univer- 275,000 homes, 18,750 businesses, and 875 team. sity of Texas in 1942 and then served in the schools in Louisiana, and is blamed for the In 1988, Mr. Biggio began his distinguished Army during World War II. After he returned deaths of 1,577 residents in Louisiana; career with the Houston Astros as a catcher. from the war, he served in the Texas legisla- Whereas Hurricane Katrina caused four In 1992, hoping to extend his career, the team ture from 1949 through 1957. He then left poli- levees to breach, including the 17th Avenue moved him to various positions, first to the tics to manage his family’s ranching and busi- Canal, the Industrial Canal, and the London ness interests. Avenue Canal, resulting in flooding of the outfield, then to second base, where he is cur- city of New Orleans and the parishes of St. rently playing. He is the only player to be In 1974, Mr. Briscoe was elected governor Bernard and Plaquemines; and nearly two named an All-star as both catcher and second of Texas as a conservative, pro-business years later, work on those levees is still un- baseman. After playing baseball for 20 years, Democrat. He was one of the few governors finished; he has announced his retirement at the end of to enact a balanced budget without raising or Whereas, because of an insufficient levee this season. creating new taxes. protection system, approximately 80 percent

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.029 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8840 CONGRESSIONAL RECORD — HOUSE July 30, 2007 of New Orleans was submerged for nearly one Most of those changes were included in time after winning his fourth NBA Cham- month in deadly flood waters; Title VI of the DHS appropriations legislation pionship; and Whereas Hurricane Katrina devastated in- for FY2007. It established new leadership po- Whereas San Antonio has the best fans in stitutions of higher education, including the league and the Alamo City is the perfect Delgado Community College, Dillard Univer- sitions and requirements within FEMA. Addi- setting for a championship celebration: Now, sity, Loyola University New Orleans, South- tionally, it brought new missions into FEMA therefore, be it ern University at New Orleans, Tulane Uni- and enhanced the agency’s authority by di- Resolved, That the House of Representa- versity, the University of New Orleans, and recting the FEMA Administrator to undertake a tives congratulates the San Antonio Spurs Xavier University of Louisiana; broad range of activities before and after dis- and Coach Gregg Popovich for winning the Whereas nearly two years later, all col- asters. 2007 National Basketball Association Cham- leges and universities in New Orleans have Although, Congress has responded to the pionship. reopened, but enrollment is lagging, major devastation of the Gulf Coast region by pro- Mr. DAVIS of Illinois. Mr. Speaker, on June infrastructure has not yet been rebuilt, viding billions of dollars in assistance, more 14, 2007, the San Antonio Spurs won the many public schools remain closed, and pri- 2007 National Basketball Association (NBA) vate and public schools that have reopened resources are needed to expedite the eco- are struggling to recover; nomic recovery in this region. Championship with a victory over the Cleve- Whereas prior to Hurricane Katrina, the Mr. Speaker, I commend my colleague Rep- land Cavaliers. This was the Spurs fourth NBA population of New Orleans was 484,674; but resentative William Jefferson for introducing Championship in the last 9 years. nearly two years after Hurricane Katrina, this legislation and urge the swift passage of I join all my colleagues in congratulating the little more than half of New Orleans resi- this bill. San Antonio Spurs and Coach Gregg dents have been able to return to their The resolution was agreed to. Popovich for winning the 2007 National Bas- homes; A motion to reconsider was laid on ketball Association Championship. Whereas Hurricane Katrina overwhelmed the table. The resolution was agreed to. the capabilities of State and local govern- A motion to reconsider was laid on ments and Congress appropriated billions of f the table. dollars for emergency response needs, such HONORING THE 2007 NBA as evacuations, repairs, deployment of per- CHAMPION SAN ANTONIO SPURS f sonnel, and other immediate relief efforts; Whereas nearly two years after Hurricane Mr. DAVIS of Illinois. Mr. Speaker, I CONGRATULATING THE DETROIT Katrina, disaster relief efforts continue to be ask unanimous consent that the Com- TIGERS FOR WINNING THE 2006 needed, especially for hundreds of thousands mittee on Oversight and Government AMERICAN LEAGUE PENNANT of displaced citizens; Reform be discharged from further con- Mr. DAVIS of Illinois. Mr. Speaker, I Whereas Hurricane Rita made landfall sideration of the resolution (H. Res. ask unanimous consent that the Com- along the border of Louisiana and Texas on September 24, 2005, as the fourth most in- 490) honoring the 2007 NBA Champion mittee on Oversight and Government tense Atlantic hurricane ever recorded, caus- San Antonio Spurs, and ask for its im- Reform be discharged from further con- ing $9.4 billion in property damage; mediate consideration in the House. sideration of the resolution (H. Res. Whereas Hurricane Rita completely de- The Clerk read the title of the resolu- 488) congratulating the Detroit Tigers stroyed several towns in Southwest Lou- tion. for winning the 2006 American League isiana along the border of Texas and washed The SPEAKER pro tempore. Is there Pennant and for bringing the City of tons of potentially hazardous debris into the objection to the request of the gen- Detroit and the State of Michigan their area’s marshes, causing severe economic tleman from Illinois? first trip to the World Series in 22 loss, detrimental health effects, and deaths; There was no objection. Whereas Congress has responded to the years, and ask for its immediate con- devastation of the Gulf Coast region by pro- The Clerk read the resolution, as fol- sideration in the House. viding billions of dollars in assistance, in- lows: The Clerk read the title of the resolu- cluding tax relief efforts such as the Gulf Op- H. RES. 490 tion. portunity Zone, student aid, and disability Whereas on June 14, 2007, the San Antonio The SPEAKER pro tempore. Is there services to victims of Hurricanes Katrina Spurs won the 2007 National Basketball As- objection to the request of the gen- and Rita, and nearly two years later, Con- sociation (NBA) Championship with a vic- tleman from Illinois? gress continues to provide assistance to ex- tory over the Cleveland Cavaliers; There was no objection. pedite economic recovery in the region; and Whereas the Spurs’ win results in their Whereas the people of the United States The Clerk read the resolution, as fol- fourth NBA Championship in the last 9 lows: have been extremely generous in their sup- years; port for the Gulf Coast region, in addition to Whereas the Spurs, after sweeping the H. RES. 488 the outpouring of assistance from the inter- Cavaliers to decisively win the Finals 4–0, Whereas this is the 10th American League national community, which continues to are widely recognized as a modern-day bas- Pennant won by the Detroit Tigers; support the recovery efforts in the region: ketball dynasty; Whereas Manager Jim Leyland is a 3 time Now, therefore, be it Whereas San Antonio’s four-game sweep Manager of the Year and 1 of 7 managers in Resolved, That the House of Representa- was only the eighth sweep since the finals the history of baseball to win the pennant in tives— began in 1947; both the National and American Leagues; (1) recognizes the importance of the Gulf Whereas the Spurs’ .727 winning percentage Whereas the manager and coaching staff Coast region to the economy of the United is the highest in finals history; have done a remarkable job guiding this States; Whereas under the leadership and instruc- team to victory; (2) recognizes the importance of the cul- tion of Coach Gregg Popovich, the Spurs’ Whereas General Manager Dave tural contributions of the people of the Gulf Tony Parker, Tim Duncan, Manu Ginobili, Dombrowski and Owner Mike Ilitch have as- Coast to the United States; and Robert Horry, Bruce Bowen, Michael Finley, sembled and led a team that has revitalized (3) expresses its support for all individuals Fabricio Oberto, Francisco Elson, Jacque the Tigers franchise; still affected by Hurricanes Katrina and Rita Vaughn, and Brent Barry played together as Whereas all 25 players on the playoff squad two years after these terrible natural disas- a team with determination and resolve to contributed to their remarkable postseason ters struck. bring the NBA trophy back home to the victories over the New York Yankees and the Mr. DAVIS of Illinois. Mr. Speaker, Hurri- Alamo City; Oakland Athletics, including American Whereas Tony Parker was named the League Rookie of the Year Justin Verlander, cane Katrina made a devastating impact on Finals Most Valuable Player after using his as well as Magglio Ordo´ n˜ ez, Iva´ n Rodrı´guez, Florida and the Gulf Coast states in the last speed and quickness to average 24.5 points Jeremy Bonderman, Kenny Rogers, Sean days of August 2005, followed within weeks by and an amazing 57 percent from the field dur- Casey, Carlos Guille´n, Alexis Go´ mez, Omar Hurricanes Rita and Wilma. These disasters ing the Finals, becoming the first European- Infante, Pla´ cido Polanco, Brandon Inge, will long be remembered for disrupting fami- born player to be honored as MVP; Craig Monroe, Marcus Thames, Curtis lies, changing and ending lives, and forcing Whereas Tim Duncan and Bruce Bowen an- Granderson, Ramo´ n Santiago, Neifi Pe´rez, Americans to rethink about our preparedness chored the Spurs with stifling defense Nate Robertson, Todd Jones, Jason Grilli, and ability to respond effectively to disasters. throughout the NBA Finals; Zach Miner, Wilfredo Ledezma, Fernando Whereas Manu Ginobili used his pinpoint Rodney, Joel Zumaya, Jamie Walker, and Unfortunately, these hurricanes served as a three-point shooting and strong drives to the Vance Wilson; catalyst for changes in federal policy and gov- basket to lead the Spurs to victory in Game Whereas the Detroit Tigers have a history ernment management within the Department 4 with 27 points; of great players and managers, including Ty of Homeland Security (DHS) and the Federal Whereas Coach Gregg Popovich is recog- Cobb, Al Kaline, Hank Greenberg, and Emergency management Agency (FEMA). nized as one of the greatest coaches of all Sparky Anderson;

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.041 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8841 Whereas Detroit has a vibrant sports tradi- college football player from the University of , , , tion because Michigan fans have faithfully Georgia to turn professional by joining the Teemu Selanne, , and Shawn supported their teams; and Philadelphia Eagles in 1933. Thorton, are all worthy of praise and admi- Whereas the New York Yankees and Oak- Mr. Lumpkin was stationed at the Pentagon ration for their contributions to the resilient land Athletics proved worthy and honorable championship team; opponents during the post-season: Now, during World War II. He developed an ordi- Whereas , the Ducks’ therefore, be it nance distribution plan that the British govern- team and a 33-year old veteran, was Resolved, That the House of Representa- ment said, ‘‘shortened the war by months.’’ awarded the as the tives— Mr. Lumpkin later served under General most valuable player of the National Hockey (1) congratulates the Detroit Tigers on George Patton in Europe as a Lieutenant League post-season; winning the 2006 American League Pennant; Colonel in the 709th Tank Battalion. Whereas the introduced a and Mr. Lumpkin was President of Willcox- new future for the , (2) commends the players, coaches, man- Lumpkin Company an insurance agency creating new fans of the sport’s high level of agement, and all the other personnel of the athleticism and competition; Detroit Tigers, as well as the fans, on this founded by his grandfather, D. F. Willcox, in Whereas the entire Ducks organization has great victory. 1848, where he built his family’s business into contributed considerably to the community an internationally known firm that traded to 18 Mr. DAVIS of Illinois. Mr. Speaker, the De- it represents, generously donating time and countries. resources to a variety of charitable and edu- troit Tigers has won 10 American League Mr. Speaker, I commend my colleague Rep- cational programs for children throughout Baseball Pennants. In 2006, they made their resentative LYNN WESTMORELAND for intro- the State of ; and first trip to the World Series in 22 years. ducing this legislation and I urge the swift pas- Whereas Anaheim, and all of California, I join all my colleagues in congratulating the sage of this bill. are proud of the accomplishment and dedica- Detroit Tigers on winning the 2006 American tion of the Anaheim Ducks organization and The bill was ordered to be engrossed League Pennant. Additionally, we commend fans: Now, therefore, be it and read a third time, was read the the players, coaches, management, and fans Resolved, That the House of Representa- third time, and passed, and a motion to for this great victory and accomplishment. tives congratulates the National Hockey reconsider was laid on the table. Mr. Speaker, I commend my colleague Rep- League Champions, the Anaheim Ducks, on their victory in the 2007 Finals. resentative MIKE ROGERS for seeking to con- f gratulate the Detroit Tigers for winning the CONGRATULATING THE NHL Mr. DAVIS of Illinois. Mr. Speaker, on June 2006 American League Pennant and for bring CHAMPIONS, THE ANAHEIM 6, 2007, in Anaheim, California, the Anaheim the City of Detroit and the State of Michigan DUCKS, ON THEIR VICTORY IN Ducks won the National Hockey League Stan- their first trip to the World Series in 22 years THE 2007 ley Cup. They won with a 6–2 victory over the and urge the swift passage of this bill. Mr. DAVIS of Illinois. Mr. Speaker, I Senators in the decisive fifth game of The resolution was agreed to. ask unanimous consent that the Com- the championship series. The Ottawa Sen- A motion to reconsider was laid on mittee on Oversight and Government ators were worthy opponents and should be the table. Reform be discharged from further con- congratulated for a hard-fought Stanley Cup f sideration of the resolution (H. Res. series. The Ducks’ win marked their first Stan- 471) congratulating the National Hock- ley Cup title in franchise history and by a team FRANK G. LUMPKIN, JR. POST ey League Champions, the Anaheim from the State of California. OFFICE BUILDING Ducks, on their victory in the 2007 I join all my colleagues in congratulating the Mr. DAVIS of Illinois. Mr. Speaker, I Stanley Cup Finals, and ask for its im- National Hockey League Champions, the Ana- ask unanimous consent that the Com- mediate consideration in the House. heim Ducks, on their victory in the 2007 Stan- mittee on Oversight and Government The Clerk read the title of the resolu- ley Cup Finals. Reform be discharged from further con- tion. Mr. Speaker, I commend my colleague Rep. sideration of the bill (H.R. 2309) to des- The SPEAKER pro tempore. Is there LORETTA SANCHEZ for seeking to congratulate ignate the facility of the United States objection to the request of the gen- the Anaheim Ducks as the National Hockey Postal Service located at 3916 Milgen tleman from Illinois? League Champions and urge the swift pas- Road in Columbus, Georgia, as the There was no objection. sage of this bill. ‘‘Frank G. Lumpkin, Jr. Post Office The Clerk read the resolution, as fol- Ms. LORETTA SANCHEZ of California. Mr. Building,’’ and ask for its immediate lows: Speaker, I rise today in jubilant support of H. consideration in the House. H. RES. 471 Res. 471, recognizing the Anaheim Ducks and The Clerk read the title of the bill. Whereas on June 6, 2007, in Anaheim, Cali- their victory over the in the The SPEAKER pro tempore. Is there fornia, the Anaheim Ducks won the National National Hockey League Stanley Cup Finals. I objection to the request of the gen- Hockey League Stanley Cup, with a 6–2 vic- applaud the House’s consideration of this ex- tleman from Illinois? tory over the Ottawa Senators in the deci- citing measure. There was no objection. sive fifth game of the championship series; The Clerk read the bill, as follows: Whereas the Ottawa Senators proved wor- The Ottawa Senators proved to be worthy thy opponents and should be congratulated H.R. 2309 opponents, but they were no match for the for a hard-fought Stanley Cup series; hard hitting, exciting brand of hockey of Ducks Be it enacted by the Senate and House of Rep- Whereas the Ducks’ win marked their first resentatives of the United States of America in general manager and head coach Stanley Cup title in franchise history; . Congress assembled, Whereas the Ducks’ win marked the first SECTION 1. FRANK G. LUMPKIN, JR. POST OFFICE National Hockey League sports champion- The 6–2 win to clinch the title was a display BUILDING. ship won by a team from the State of Cali- of solid teamwork as five different Ducks (a) DESIGNATION.—The facility of the fornia; scored goals. United States Postal Service located at 3916 Whereas owners Henry and Susan Samueli The Ducks teamwork was buttressed by the Milgen Road in Columbus, Georgia, shall be and general manager Brian Burke have cre- awe inspiring defensive work of Scott known and designated as the ‘‘Frank G. ated a model franchise, assembling a team Lumpkin, Jr. Post Office Building’’. that rose from an unstable past to the pin- Niedermayer, who was honored as the most (b) REFERENCES.—Any reference in a law, nacle of its sport today; valuable player of the NHL post-season. map, regulation, document, paper, or other Whereas the Ducks were ably led by head Their work is a true accomplishment. Not record of the United States to the facility re- coach Randy Carlyle, and assistant coaches only did the Anaheim Ducks bring the Stanley ferred to in subsection (a) shall be deemed to and ; Cup to Anaheim for the first time, but they are be a reference to the ‘‘Frank G. Lumpkin, Jr. Whereas Ducks team members Francois the first team from California to win it all. Post Office Building’’. Beauchemin, , Sebastien Mr. DAVIS of Illinois. Mr. Speaker, Frank Caron, , Joe DiPenta, Ryan With that, Mr. Speaker, we congratulate the Lumpkin, Jr. was born in Columbus on Sep- Getzlaf, Jean-Sebastien Giquere, Mark Anaheim Ducks for their marvelous play and Hartigan, , , Ric celebrate their victory in the 2007 Stanley Cup tember 5, 1907. He was reared in Columbus, Jackman, , , Andy attended the 16th Street, now Woodall Ele- Finals. McDonald, , , Joe The resolution was agreed to. mentary, School and Columbus High School, Motzko, Scott Niedermayer, Rob graduating from Riverside Military Academy in Niedermayer, Sean O’Donnell, Samuel A motion to reconsider was laid on Gainesville, Georgia, in 1925. He was the first Pahlsson, , , the table.

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.037 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8842 CONGRESSIONAL RECORD — HOUSE July 30, 2007 PRIVATE FIRST CLASS SHANE R. ing for boot camp, when Shane came home Minner Avenue in Bakersfield, California, AUSTIN POST OFFICE after finishing basic training he stood tall, shall be known and designated as the ‘‘Buck stared you straight in the eye, and had a firm Owens Post Office’’. Mr. DAVIS of Illinois. Mr. Speaker, I (b) REFERENCES.—Any reference in a law, ask unanimous consent that the Com- handshake. map, regulation, document, paper, or other mittee on Oversight and Government On October 8, 2006, Shane courageously record of the United States to the facility re- Reform be discharged from further con- sacrificed the most precious thing a person ferred to in subsection (a) shall be deemed to sideration of the bill (H.R. 3034) to des- can offer to his country—his life; and our be a reference to the ‘‘Buck Owens Post Of- ignate the facility of the United States country, the state of Kansas, and the Gardner- fice’’. Postal Service located at 127 South Edgerton community owes Shane and his The amendment was agreed to. Elm Street in Gardner, Kansas, as the family absolute gratitude for the rights and Mr. DAVIS of Illinois. Mr. Speaker, Mr. Buck ‘‘Private First Class Shane R. Austin freedoms that he so heroically fought to pro- Owens was among the most prolific country Post Office,’’ and ask for its immediate tect. hit-makers of the past 40 years and enjoyed a consideration in the House. Shane also follows in the path of a long line string of chart-toppers, including ‘‘Act Natu- The Clerk read the title of the bill. of brave and courageous individuals from the rally’’, ‘‘Together Again’’, and ‘‘I’ve Got a Tiger The SPEAKER pro tempore. Is there Gardner-Edgerton area who have given the ul- by the Tail’’. He was a major influence on suc- objection to the request of the gen- timate sacrifice to protect those same rights cessive generations of musicians. tleman from Illinois? and liberties. In fact, soldiers from the area He was born as Alvis Edgar Owens in Sher- There was no objection. have given their lives in service to their coun- man, Texas on August 12, 1929. He died on The Clerk read the bill, as follows: try in the Civil War, World War I, World War March 25, 2006 in Bakersfield, California. H.R. 3034 II, the Korean War, and the Vietnam War, and Mr. Speaker, I commend my colleague Rep- Be it enacted by the Senate and House of Rep- their sacrifice must also be remembered and resentative KEVIN MCCARTHY for introducing resentatives of the United States of America in honored. this legislation and urge the swift passage of Congress assembled, So today I am proud to join with my col- this bill. SECTION 1. PRIVATE FIRST CLASS SHANE R. AUS- leagues in remembering these brave individ- Mr. McCARTHY of California. Mr. Speaker, TIN POST OFFICE. uals, and in offering this remembrance so that I rise today in strong support of H.R. 1384, a (a) DESIGNATION.—The facility of the United States Postal Service located at 127 our community never forgets the sacrifice that bill I introduced to designate the United States South Elm Street in Gardner, Kansas, shall a brave soldier from Kansas made for his Postal Service facility located at 118 Minner be known and designated as the ‘‘Private country. Avenue in Bakersfield, California as the ‘‘Buck First Class Shane R. Austin Post Office’’. The bill was ordered to be engrossed Owens Post Office.’’ (b) REFERENCES.—Any reference in a law, and read a third time, was read the An accomplished, self-taught musician, Alvis map, regulation, document, paper, or other third time, and passed, and a motion to Edgar ‘‘Buck’’ Owens, Jr. amassed twenty-one record of the United States to the facility re- reconsider was laid on the table. country music hits throughout his career, of ferred to in subsection (a) shall be deemed to be a reference to the ‘‘Private First Class f which ten were consecutive #1 hits, including ‘‘Act Naturally,’’ ‘‘My Heart Skips a Beat,’’ and Shane R. Austin Post Office’’. BUCK OWENS POST OFFICE ‘‘Streets of Bakersfield.’’ Over his more than Mr. DAVIS of Illinois. PFC Shane R. Austin Mr. DAVIS of Illinois. Mr. Speaker, I was killed on October 8, 2006, when a gre- 50 years in the music industry, Buck worked ask unanimous consent that the Com- with other legendary country musicians includ- nade struck his tank in Ramadi, Iraq, west of mittee on Oversight and Government Baghdad. He was assigned to the 1st Bat- ing Merle Haggard, who dubbed Buck’s band Reform be discharged from further con- ‘‘the Buckaroos,’’ Wanda Jackson, and Dwight talion, 35th Armor Regiment, 2nd Brigade sideration of the bill (H.R. 1384) to des- Combat Team, 1st Armored Division in Yoakam. ignate the facility of the United States Buck was best known for his signature Baumholder, Germany. Postal Service located at 118 Minner Private Austin’s grandmother said, ‘‘Al- ‘‘freight train’’ musical sound that combined Street in Bakersfield, California, as the classic country music with electric guitar, a though the emptiness and numbness is with ‘‘Buck Owens Post Office,’’ and ask for the entire family, we hold the pride high that unique rhythm, and rock and roll and honky- its immediate consideration in the tonk influences, and always played his trade- Shane was a hero before he left for the mili- House. tary, but now he is everybody’s hero. Military mark red, white, and blue guitar. Buck was in- The Clerk read the title of the bill. ducted into the Nashville Songwriters Hall of was his dream; he intended to make it a ca- The SPEAKER pro tempore. Is there reer and that he accomplished . . . it was just Fame and the Country Music Hall of Fame, objection to the request of the gen- both in 1996, for his musical talent and ac- a short career.’’ tleman from Illinois? Private Austin served his country with dis- complishments. In 1999, Buck received a There was no objection. Grammy Hall of Fame Award for one of his #1 tinction and courage. The Clerk read the bill, as follows: Mr. Speaker, I commend my colleague Rep- hits, ‘‘I’ve Got a Tiger by the Tail.’’ H.R. 1384 resentative DENNIS MOORE for introducing this In addition to recording hit country music Be it enacted by the Senate and House of Rep- legislation and urge the swift passage of this songs, for almost twenty years, Buck could be resentatives of the United States of America in seen on Hee Haw, an immensely popular bill. Congress assembled, Mr. MOORE of Kansas. Mr. Speaker, I rise country music comedy show. Following Hee SECTION 1. BUCK OWENS POST OFFICE. Haw and returning to his country music roots, today in support of H.R. 3034, legislation I (a) DESIGNATION.—The facility of the have introduced with the rest of the Kansas United States Postal Service located at 118 Buck opened Buck Owens’ Crystal Palace in delegation to rename the Gardner, KS, postal Minner Street in Bakersfield, California, 1996, a concert hall in Bakersfield, California, service facility the ‘‘Private First Class Shane shall be known and designated as the ‘‘Buck where Buck hosted other bands and per- R. Austin Post Office.’’ Owens Post Office’’. formed live for fans up until the night he Private First Class Shane Austin grew up in (b) REFERENCES.—Any reference in a law, passed away, on March 25, 2006. Edgerton, KS, and attended Gardner-Edgerton map, regulation, document, paper, or other An astute businessman, Buck owned sev- record of the United States to the facility re- eral radio stations, including KKXX-FM, which High School before joining the U.S. Army. ferred to in subsection (a) shall be deemed to PFC Austin was 19 years old when he was be a reference to the ‘‘Buck Owens Post Of- was under Buck’s tenure for more than a dec- killed on October 8, 2006, while serving in the fice’’. ade the #1 rock-and-roll station in Bakersfield. United States Army’s First Armored Division, In addition, Buck also owned KUZZ-AM, which AMENDMENT OFFERED BY MR. DAVIS OF he expanded to FM radio, and, up until his during combat operations in Ramadi, Iraq. For ILLINOIS death, was and remains the #1 country music his heroism, and for saving the lives of several Mr. DAVIS of Illinois. Mr. Speaker, I station in Bakersfield. Finally, Buck estab- fellow soldiers, Shane was awarded the Pur- offer an amendment. lished his own music production company, ple Heart and the Bronze Star. The Clerk read as follows: According to Captain Daniel Costin, Shane Buck Owens Enterprises, which produced Amendment offered by Mr. DAVIS of Illi- was a quiet, unassuming man who worked nois: records by country music artists. hard, whether it was cutting grass in rear de- Strike all after the enacting clause and in- Buck moved to Bakersfield in 1951, and tachment or conducting maintenance on his sert the following: contributed greatly to the country music indus- tank. SECTION 1. BUCK OWENS POST OFFICE. try in Bakersfield and around the Nation and Shane’s father Terrance also said that while (a) DESIGNATION.—The facility of the amassed a legion of fans, like myself, across Shane was a bit on the wild side before leav- United States Postal Service located at 118 the country. H.R. 1384 is a fitting honor and

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 9920 E:\CR\FM\K30JY7.039 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8843 tribute to this influential and charismatic Cali- (D) calls on the Administration to impose (9) Denver, Colorado, Los Angeles, Cali- fornian by designating the post office in his targeted sanctions, including visa bans and fornia, Miami Beach, Florida, New Haven, hometown of more than 55 years in his mem- the freezing of assets of the Sudanese Na- Connecticut, Newton, Massachusetts, Phila- delphia, Pennsylvania, Pittsburgh, Pennsyl- ory. tional Congress and affiliated business and individuals directly responsible for the vania, Providence, Rhode Island, and San The bill was ordered to be engrossed atrocities in Darfur. Francisco, California have passed legislation and read a third time, was read the (2) In the 109th Congress, the House of Rep- mandating divestment of city funds from third time, and passed. resentatives passed H.R. 3127, the Darfur companies that conduct business operations The title was amended so as to read: Peace and Accountability Act of 2006, on in Sudan. ‘‘A bill to designate the facility of the April 5, 2006, by a vote of 416-3, which— (10) American University, Amherst College, United States Postal Service located at (A) appeals to the international commu- Andover Newton Theological School, Boston 118 Minner Avenue in Bakersfield, Cali- nity, including the United Nations, the Euro- University, Bowdoin College, Brandeis Uni- versity, Brown University, Colby College, fornia, as the ‘Buck Owens Post Of- pean Union, and the North Atlantic Treaty Organization (NATO), to immediately mobi- Columbia University, Connecticut College, fice’.’’ Cornell University, Dartmouth College, Drew A motion to reconsider was laid on lize sufficient political, military, and finan- cial resources to support and expand the Af- University, Duke University, Emory Univer- the table. rican Union Mission in Sudan (AMIS); sity, Hampton University, Harvard Univer- f (B) blocks assets and restricts travel of sity, Hendrix College, Howard University, Lee University, Massachusetts Institute of any individual the President determines is GENERAL LEAVE Technology, Middlebury College, Nazareth responsible for acts of genocide, war crimes, College, Northwestern University, Oberlin Mr. DAVIS of Illinois. Mr. Speaker, I or crimes against humanity in the Darfur re- College, Queen’s University, Reconstruc- ask unanimous consent that all Mem- gion of Sudan; and tionist Rabbinical College, Regis University, (C) offers United States support for the bers may have 5 legislative days in Samford University, Seton Hall, Smith Col- International Criminal Court’s efforts to which to revise and extend their re- lege, Stanford University, Swarthmore Col- prosecute those responsible for acts of geno- marks on the 13 Committee on Over- lege, Trinity College, University of Cali- sight and Government Reform bills cide in Darfur. fornia, University of Colorado, University of (3) On September 9, 2004, former Secretary previously considered. Connecticut, University of Denver, Univer- of State Colin Powell stated before the Com- sity of Illinois, University of Maryland, Uni- The SPEAKER pro tempore. Is there mittee on Foreign Relations of the Senate objection to the request of the gen- versity of Massachusetts, University of Min- that genocide was being committed in the nesota, University of Pennsylvania, Univer- tleman from Illinois? Darfur region of Sudan and that the Govern- sity of Rochester, University of Southern There was no objection. ment of Sudan and the government-sup- California, University of Vermont, Univer- f ported Janjaweed militias bear responsi- sity of Virginia, University of Washington, bility for the genocide. University of Wisconsin System, Vassar Col- ANNOUNCEMENT BY THE SPEAKER (4) On September 21, 2004, President George lege, Wellesley College, Wheaton College, PRO TEMPORE W. Bush affirmed the Secretary of State’s Williams College, and Yale University have The SPEAKER pro tempore. Pursu- finding in an address before the United Na- divested their funds from or placed restric- tions General Assembly, stating that the tions on investment of their funds in certain ant to clause 8 of rule XX, the Chair world is witnessing terrible suffering and will postpone further proceedings companies that conduct business operations horrible crimes in the Darfur region of in Sudan. today on motions to suspend the rules Sudan, crimes the Government of the United (11) Divestment has proven effective in on which a recorded vote or the yeas States has concluded are genocide. similar situations, as in 1986, when State and nays are ordered, or on which the (5) On May 29, 2007, President George W. pension funds and university endowments vote is objected to under clause 6 of Bush affirmed that the Government of Sudan were divested from companies that con- rule XX. is complicit in the bombing, murder, and ducted business operations in South Africa, Record votes on postponed questions rape of innocent civilians in Darfur and which was critical to ending apartheid in again declared that these actions rightfully will be taken after 6:30 p.m. today. that country, and by 1994, when the first free constitute genocide. elections in South Africa took place, a sub- f (6) Although the Government of the United stantial number of States, counties, cities, DARFUR ACCOUNTABILITY AND States currently bans United States compa- universities, and colleges in the United nies from conducting business operations in DIVESTMENT ACT States had adopted partial or total divest- Sudan, millions of Americans are inadvert- ment policies. Mr. FRANK of Massachusetts. Mr. ently supporting the Government of Sudan (12) Economic pressure against the Govern- Speaker, I move to suspend the rules by investing in foreign companies that con- ment of Sudan has been effective in pushing and pass the bill (H.R. 180) to require duct business operations in Sudan that dis- Sudan to cooperate with the United States the identification of companies that proportionately benefit the Sudanese regime on counterterrorism efforts and in part in in Khartoum. agreeing to negotiations with the Sudan conduct business operations in Sudan, (7) Several States and governmental enti- People’s Liberation Army of South Sudan to prohibit United States Government ties, through legislation and other means, which resulted in the Comprehensive Peace contracts with such companies, and for have expressed their desire, or are consid- Agreement of 2005. other purposes, as amended. ering measures— (13) Congress acknowledges that divest- The Clerk read the title of the bill. (A) to divest any equity in, or to refuse to ment should be used sparingly and under ex- The text of the bill is as follows: provide debt capital to, certain companies traordinary circumstances. This Act is based H.R. 180 that operate in Sudan; on unique circumstances, specifically, the (B) to disassociate themselves and the reprehensible and abhorrent genocide occur- Be it enacted by the Senate and House of Rep- beneficiaries of their public pension and en- ring in Sudan. resentatives of the United States of America in dowment funds from directly or indirectly (14) The business operations of companies Congress assembled, supporting the Darfur genocide; and in countries that perpetrate grave abuses of SECTION 1. SHORT TITLE. (C) to prohibit themselves from entering human rights, especially the uniquely mon- This Act may be cited as the ‘‘Darfur Ac- into or renewing contracts for the procure- strous crime of genocide, are of concern to countability and Divestment Act’’. ment of goods or services with certain com- many United States investors and citizens SEC. 2. FINDINGS. panies that have a direct investment in, or even when these operations represent a small The Congress finds as follows: conduct business operations in, Sudan fraction of a company’s total business. (1) In the 108th Congress, the House of Rep- (8) California, Colorado, Florida, Hawaii, (15) State and city pension funds have rou- resentatives adopted House Concurrent Reso- Indiana, Illinois, Iowa, Kansas, Maine, Min- tinely but unsuccessfully sought to acquire lution 467 on July 22, 2004, by a unanimous nesota, New Jersey, New York, Oregon, and utilize data from the Federal Govern- vote of 422-0, which— Rhode Island, Texas and Vermont have ment on companies for investment decisions. (A) declares that the atrocities unfolding passed legislation to divest State funds from (16) There is an increasing interest by in the Darfur region of Sudan are genocide; companies that conduct business operations States, local governments, educational insti- (B) declares that the Government of Sudan in Sudan. Massachusetts, Michigan, North tutions, and private institutions to seek to has violated the Convention on the Preven- Carolina, Ohio, Pennsylvania, South Caro- disassociate themselves from companies that tion and Punishment of the Crime of Geno- lina, and Wisconsin are considering legisla- support the Government of Sudan. cide; tion to divest State funds from companies (17) Policy makers and fund managers may (C) urges the Administration to seriously that conduct business operations in Sudan. find moral, prudential, or reputational rea- consider multilateral intervention to stop Arkansas, Connecticut, Maryland, and Ohio sons to divest from companies that accept genocide in Darfur should the United Na- have passed non-binding divestment legisla- the business risk of operating in countries tions Security Council fail to act; and tion with respect to Sudan. that are subject to international economic

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.089 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8844 CONGRESSIONAL RECORD — HOUSE July 30, 2007 sanctions or that have business relationships person from the list before the next publica- (ii) a loan or other extension of credit of with countries, governments, or entities tion of the list under paragraph (1) if the assets. with which any United States company Secretary determines that the person no (B) ASSETS.—The term ‘‘assets’’ refers to would be prohibited from dealing because of longer has a direct investment in or is no public monies and includes any pension, re- economic sanctions imposed by the United longer conducting business operations as de- tirement, annuity, or endowment fund, or States. scribed in paragraph (1). similar instrument, that is controlled, di- (18) The world community has a moral ob- (7) ADVANCE NOTICE TO CONGRESS.—Not rectly or indirectly, by a State or local gov- ligation to work to do everything possible to later than 30 days (or, in the case of the 1st ernment. stop the ongoing genocidal practices of the such list, 60 days) before the date by which (c) PREEMPTION.—A measure of a State or Government of Sudan in the Darfur region. paragraph (1) requires the list to be pub- local government that is authorized by sub- SEC. 3. TRANSPARENCY IN CAPITAL MARKETS. lished, the Secretary of the Treasury shall section (b) is not preempted by any Federal (a) LIST OF PERSONS DIRECTLY INVESTING IN submit to the Committees on Financial law or regulation. OR CONDUCTING BUSINESS OPERATIONS IN CER- Services, on Education and Labor, and on SEC. 5. SENSE OF THE CONGRESS. TAIN SUDANESE SECTORS.— Oversight and Government Reform of the (1) PUBLICATION OF LIST.—Not later than 6 House of Representatives and the Commit- It is the sense of the Congress that a di- months after the date of the enactment of tees on Banking, Housing, and Urban Affairs, vestment measure authorized under section 4 this Act and every 6 months thereafter, the on Health, Education, Labor, and Pensions, or a measure authorized under section 9 to Secretary of the Treasury, in consultation and on Homeland Security and Govern- prohibit State or local contracts would not with the Secretary of Energy, the Secretary mental Affairs of the Senate a copy of the violate the United States Constitution be- of State, the Securities and Exchange Com- list which the Secretary intends to publish cause such a measure— mission, and the heads of other appropriate under paragraph (1). (1) is not pre-empted under the Supremacy Federal departments and agencies, shall, (b) PUBLICATION ON WEBSITE.—The Sec- Clause; using only publicly available (including pro- retary of the Treasury shall ensure that the (2) is authorized by the Congress as an ap- prietary) information, ensure publication in list is published on an appropriate, publicly propriate measure with regard to interstate the Federal Register of a list of each person, accessible government website, updating the or foreign commerce; and whether within or outside of the United list as necessary to take into account any (3) is authorized by the Congress as a meas- States, that, as of the date of the publica- person removed from the list under sub- ure that promotes the foreign policy of the tion, has a direct investment in, or is con- section (a)(6). United States. ducting, business operations in Sudan’s (c) DEFINITION.—In this section, the term SEC. 6. SAFE HARBOR FOR CHANGES OF INVEST- power production, mineral extraction, oil-re- ‘‘investment’’ has the meaning given in sec- MENT POLICIES BY ASSET MAN- lated, or military equipment industries, sub- tion 4(b)(3). AGERS. ject to paragraph (2). To the extent prac- SEC. 4. AUTHORITY OF STATE AND LOCAL GOV- Section 13 of the Investment Company Act ticable, the list shall include a description of ERNMENTS TO DIVEST FROM CER- of 1940 (15 U.S.C. 80a–13) is amended by add- the investment made by each such person, TAIN COMPANIES DIRECTLY IN- ing at the end the following new subsection: including the dollar value, intended purpose, VESTED IN CERTAIN SUDANESE SEC- and status of the investment, as of the date TORS. ‘‘(c) SAFE HARBOR FOR CHANGES IN INVEST- of the publication. (a) STATEMENT OF POLICY.—It is the policy MENT POLICIES.—Notwithstanding any other (2) EXCEPTIONS.—The Secretary of the of the United States to support the decision provision of Federal or State law, no person Treasury shall exclude a person from the list of any State or local government to divest may bring any civil, criminal, or administra- if all of the business operations by reason of from, and to prohibit the investment of as- tive action against any registered invest- which the person would otherwise be in- sets controlled by the State or local govern- ment company or person providing services cluded on the list— ment in, persons on— to such registered investment company (in- (A) are conducted under contract directly (1) the list most recently published under cluding its investment adviser), or any em- and exclusively with the regional govern- section 3(a)(1), as modified under section ployee, officer, or director thereof, based ment of southern Sudan; 3(a)(6); or solely upon the investment company divest- (B) are conducted under a license from the (2) any list developed by the State or local ing from, or avoiding investing in, securities Office of Foreign Assets Control, or are ex- government for the purpose of divestment issued by companies that are included on the pressly exempted under Federal law from the from certain persons described in subsection list most recently published under section requirement to be conducted under such a li- (b)(1)(B) of this section. 3(a)(1) of the Darfur Accountability and Di- cense; (b) AUTHORITY TO DIVEST.— vestment Act, as modified under section (C) consist of providing goods or services to (1) IN GENERAL.—Notwithstanding any 3(a)(6) of that Act. For purposes of this sub- marginalized populations of Sudan; other provision of law, a State or local gov- section the term ‘person’ shall include the (D) consist of providing goods or services ernment may adopt and enforce measures to Federal government, and any State or polit- to an internationally recognized peace- divest the assets of the State or local gov- ical subdivision of a State.’’. keeping force or humanitarian organization; ernment from, or prohibit investment of the SEC. 7. SAFE HARBOR FOR CHANGES OF INVEST- (E) consist of providing goods or services assets of the State or local government in— MENT POLICIES BY EMPLOYEE BEN- that are used only to promote health or edu- (A) persons that are included on the list EFIT PLANS. cation; most recently published under section 3(a)(1) Section 404 of the Employee Retirement (F) are conducted by a person that has also of this Act, as modified under section 3(a)(6) Income Security Act of 1974 (29 U.S.C. 1104) is undertaken significant humanitarian efforts of this Act; or amended by adding at the end the following as described in section 10(14)(B); (B) persons having a direct investment in, new subsection: (G) have been voluntarily suspended; or or carrying on a trade or business (within ‘‘(n) No person shall be treated as breach- (H) will cease within 1 year after the adop- the meaning of section 162 of the Internal ing any of the responsibilities, obligations, tion of a formal plan to cease the operations, Revenue Code of 1986) in Sudan or with the or duties imposed upon fiduciaries by this as determined by the Secretary. Government of Sudan, if the measures re- title for divesting plan assets from, or avoid- (3) CONSIDERATION OF SCRUTINIZED BUSINESS quire the State or local government, as the ing investing plan assets in, persons that are OPERATIONS.—The Secretary of the Treasury case may be, to the maximum extent prac- included on the list most recently published should give serious consideration to includ- ticable, to— under section 3(a)(1) of the Darfur Account- ing on the list any company that has a scru- (i) provide written notice to each person to ability and Divestment Act, as modified tinized business operation with respect to whom the measures are to be applied; and under section 3(a)(6) of such Act. Any dives- Sudan (within the meaning of section 10(4)). (ii) not apply the measures to a person— titure of plan assets from, or avoidance of in- (4) PRIOR NOTICE TO PERSONS.—The Sec- (I) before the end of the 90-day period be- vesting plan assets in, persons that are in- retary of the Treasury shall, at least 30 days ginning with the date written notice is pro- cluded on such list shall be treated as in ac- before the list is published under paragraph vided to the person pursuant to clause (i); or cordance with this title and the documents (1), notify each person that the Secretary in- (II) if the person demonstrates to the State and instruments governing the plan.’’. tends to include on the list. or local government, as the case may be, (5) DELAY IN INCLUDING PERSONS ON THE that the person is no longer involved in the SEC. 8. PROHIBITION ON UNITED STATES GOV- ERNMENT CONTRACTS. LIST.—After notifying a person under para- activities by reason of which the measures graph (4), the Secretary of the Treasury may would otherwise be applied to the person. (a) PROHIBITION.—Notwithstanding any delay including that person on the list for up (2) APPLICABILITY.—This subsection applies other provision of law, the Government of to 60 days if the Secretary determines and to measures adopted by a State or local gov- the United States shall not enter into or certifies to the Congress that the person has ernment before, on, or after the date of the renew a contract for the procurement of taken specific and effective actions to termi- enactment of this Act. goods or services with persons that are in- nate the involvement of the person in the ac- (3) DEFINITIONS.—In this subsection: cluded on the list most recently published tivities that resulted in the notification (A) INVESTMENT.—The ‘‘investment’’ of as- under section 3(a)(1), as modified under sec- under paragraph (4). sets includes— tion 3(a)(6). (6) REMOVAL OF PERSONS FROM THE LIST.— (i) a commitment or contribution of assets; (b) WAIVER AUTHORITY.—The President The Secretary of the Treasury may remove a and may waive the prohibition in subsection (a)

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on a case-by-case basis if the President de- (cc) the company has failed to take sub- (9) MARGINALIZED POPULATIONS OF SUDAN.— termines and certifies in writing to the Con- stantial action with respect to the business The term ‘‘marginalized populations of gress that it is important to the national se- operations referred to in clause (i) of this Sudan’’ includes— curity interests of the United States to do subparagraph or as described in subpara- (A) the portion of the population in the so. graph (B) or (C) of paragraph (14); or Darfur region that has been victimized; SEC. 9. AUTHORITY OF STATE AND LOCAL GOV- (II)(aa) more than 10 percent of the reve- (B) the portion of the population of south- ERNMENTS TO PROHIBIT CON- nues or assets of the company that are ern Sudan victimized by Sudan’s North- TRACTS. linked to Sudan involve power production South civil war; (a) STATEMENT OF POLICY.—It is the policy activities; (C) the Beja, Rashidiya, and other simi- of the United States to support the decision (bb) less than 75 percent of the power pro- larly affected groups of eastern Sudan; of any State or local government to prohibit duction activities of the company include (D) the Nubian and other similarly affected the State or local government, as the case groups in Sudan’s Abyei, Southern Blue Nile, may be, from entering into or renewing a projects whose intent is to provide power or contract as described in subsection (b). electricity to the marginalized populations and Nuba Mountain regions; and (b) AUTHORITY TO PROHIBIT CONTRACTS.— of Sudan; and (E) the Amri, Hamadab, Manasir, and other Notwithstanding any other provision of law, (cc) the company has failed to take sub- similarly affected groups of northern Sudan. a State or local government may adopt and stantial action with respect to the business (10) MILITARY EQUIPMENT.—The term ‘‘mili- enforce measures to prohibit the State or operations referred to in clause (i) of this tary equipment’’ means— local government, as the case may be, from subparagraph or as described in subpara- (A) weapons, arms, military supplies, and entering into or renewing a contract for the graph (B) or (C) of paragraph (14); equipment that readily may be used for mili- procurement of goods or services with per- (B) the company supplies military equip- tary purposes, including radar systems or sons that are included on the list most re- ment in Sudan, unless the company clearly military-grade transport vehicles; or cently pulbished under section 3(a)(1), as shows that— (B) supplies or services sold or provided di- modified under section 3(a)(6). (i) the military equipment cannot be used rectly or indirectly to any force actively par- SEC. 10. DEFINITIONS. to facilitate offensive military actions in ticipating in armed conflict in Sudan. For purposes of this Act: Sudan; or (11) MINERAL EXTRACTION ACTIVITIES.—The (1) PERSON.—The term ‘‘person’’, except in (ii) the company implements rigorous and term ‘‘mineral extraction activities’’ in- paragraph (6), means— verifiable safeguards to prevent use of the cludes— (A) a natural person as well as a corpora- equipment by forces actively participating (A) exploring, extracting, processing, tion, company, business association, partner- in armed conflict, including through— transporting, or wholesale selling or trading ship, society, trust, any other nongovern- (I) post-sale tracking of the equipment by of elemental minerals or associated metal al- mental entity, organization, or group; the company; loys or oxides (ore), including gold, copper, (B) any governmental entity or instrumen- (II) certification from a reputable and ob- chromium, chromite, diamonds, iron, iron tality of a government, including a multilat- jective third party that such equipment is ore, silver, tungsten, uranium, and zinc, and eral development institution (as defined in not being used by a party participating in (B) facilitating any activity described in section 1701(c)(3) of the International Finan- armed conflict in Sudan; or subparagraph (A), including by providing cial Institutions Act); and (III) sale of the equipment solely to the re- supplies or services in support of the activ- (C) any successor, subunit, or subsidiary of gional government of southern Sudan or any ity. any entity described in subparagraph (A) or internationally recognized peacekeeping (12) OIL-RELATED ACTIVITIES.— (B). force or humanitarian organization; or (A) IN GENERAL.—Except as provided in (2) STATE.—The term ‘‘State’’ includes the (C) the Secretary of the Treasury has de- subparagraph (B), the term ‘‘oil-related ac- District of Columbia, the Commonwealth of termined that the company has been tivities’’ includes— Puerto Rico, the United States Virgin Is- complicit in the Darfur genocide. (i) exporting, extracting, producing, refin- lands, Guam, American Samoa, and the Com- (5) BUSINESS OPERATIONS.—The term ‘‘busi- ing, processing, exploring for, transporting, monwealth of the Northern Mariana Islands. ness operations’’ means engaging in com- selling, or trading oil; (3) STATE OR LOCAL GOVERNMENT.— merce in any form in Sudan, including by ac- (ii) constructing, maintaining, or oper- (A) IN GENERAL.—The term ‘‘State or local quiring, developing, maintaining, owning, ating a pipeline, refinery, or other oilfield government’’ includes— selling, possessing, leasing, or operating infrastructure; and (i) any State and any agency or instrumen- equipment, facilities, personnel, products, (iii) facilitating any activity described in tality thereof; services, personal property, real property, or clause (i) or (ii), including by providing sup- (ii) any local government within a State, any other apparatus of business or com- plies or services in support of the activity. and any agency or instrumentality thereof; merce. (B) SPECIAL RULES.— (iii) any other governmental instrumen- (6) COMPANY.—The term ‘‘company’’ means (i) A company that is involved in the retail tality; and any natural person, legal person, sole propri- sale of gasoline or related consumer products (iv) any public institution of higher edu- etorship, organization, association, corpora- in Sudan but is not involved in any other ac- cation. tion, partnership, firm, joint venture, tivity described in subparagraph (A) shall (B) PUBLIC INSTITUTION OF HIGHER EDU- franchisor, franchisee, financial institution, not be considered to be involved in an oil-re- CATION.—The term ‘‘public institution of utility, public franchise, trust, enterprise, lated activity. higher education’’ means a public institution limited partnership, limited liability part- (ii) A company that is involved in leasing, of higher education within the meaning of nership, limited liability company, or other or that owns, rights to an oil block in Sudan the Higher Education Act of 1965. business entity or association, including all but is not involved in any other activity de- (4) SCRUTINIZED BUSINESS OPERATION.—A wholly-owned subsidiaries, majority-owned scribed in subparagraph (A) shall not be con- company has a scrutinized business oper- subsidiaries, parent companies, or affiliates sidered to be involved in an oil-related activ- ation with respect to Sudan if— of such business entities or associations, ity. (A)(i) the company has business operations that exists for profit-making purposes. (13) POWER PRODUCTION ACTIVITIES.—The that involve contracts with or provision of (7) COMPLICIT.—The term ‘‘complicit’’ term ‘‘power production activities’’ means— supplies or services to— means has taken actions in the preceding 20 (A) any business operation that involves a (I) the Government of Sudan; months which have directly supported or project commissioned by the National Elec- (II) a company in which the Government of promoted the genocidal campaign in Darfur, tricity Corporation of Sudan or other similar Sudan has any direct or indirect equity including preventing Darfur’s victimized Government of Sudan entity whose purpose share; population from communicating with each is to facilitate power generation and deliv- (III) a consortium or project commissioned other, encouraging Sudanese citizens to ery, including establishing power-generating by the Government of Sudan; or speak out against an internationally ap- plants or hydroelectric dams, selling or in- (IV) a company involved in a consortium proved security force for Darfur, actively stalling components for the project, pro- or project commissioned by the Government working to deny, cover up, or alter evidence viding service contracts related to the in- of Sudan; and of human rights abuses in Darfur, or other stallation or maintenance of the project; and (ii)(I)(aa) more than 10 percent of the reve- similar actions. (B) facilitating an activity described in nues or assets of the company that are (8) GOVERNMENT OF SUDAN.—The term subparagraph (A), including by providing linked to Sudan involve oil-related activities ‘‘Government of Sudan’’ means the govern- supplies or services in support of the activ- or mineral extraction activities; ment in Khartoum, Sudan, which is led by ity. (bb) less than 75 percent of the revenues or the National Congress Party (formerly (14) SUBSTANTIAL ACTION.—The term ‘‘sub- assets of the company that are linked to known as the National Islamic Front) or any stantial action’’ means— Sudan involve contracts with, or provision of successor government formed on or after Oc- (A) adopting, publicizing, and imple- oil-related or mineral extracting products or tober 13, 2006 (including the coalition Na- menting a formal plan to cease scrutinized services to the regional government of tional Unity Government agreed upon in the business operations within 1 year after the southern Sudan or a project or consortium Comprehensive Peace Agreement for Sudan), date of the enactment of this Act, and re- created exclusively by that regional govern- and does not include the regional govern- fraining from any new scrutinized business ment; and ment of southern Sudan. operations;

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.056 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8846 CONGRESSIONAL RECORD — HOUSE July 30, 2007 (B) undertaking significant humanitarian governments, through organizations to regimes and their terrible practices, efforts— express in a concrete way the over- you cannot plead, Oh, I am sorry. The (i) in conjunction with an international de- whelming opposition in our country to law won’t let me do it, because these velopment or humanitarian organization, the genocide being perpetrated by the bills have a common theme. They pre- the regional government of southern Sudan, or a non-profit entity; Government of Sudan in Darfur, and to vent lawsuits against these investment (ii) substantial in relationship to the size the effort by the sometimes pro-geno- entities who take these issues into ac- and scope of the business operations with re- cide Government of Iran to acquire a count. spect to Sudan; nuclear weapons capacity. And they have a powerful double ef- (iii) of benefit to 1 or more marginalized Now what we have, we have sanctions fect. First, they will add to the effec- populations of Sudan; and against those countries. Let me say a tiveness of sanctions because there is (iv) evaluated and certified by an inde- word about sanctions. People are some- in the United States widespread anger pendent third party to meet the require- times supportive of sanctions when at both regimes. Not only will they add ments of clauses (i) through (iii); or they agree with the cause and deni- (C) materially improving conditions for to the effectiveness of sanctions, they the victimized population in Darfur. grate the notion of sanctions when do it in a way that is fully respectful of SEC. 11. SENSE OF THE CONGRESS. they disagree with the cause. History the autonomy of these entities. As I It is the sense of the Congress that the gov- is clear. When economic sanctions are said, there is no compulsion, no inter- ernments of all other countries should adopt widely supported globally, they have ference of the market. It is freeing measures, similar to those contained in this an impact. Americans to do this, and that is also Act, to publicize the activities of all persons I had a great day years ago, Mr. important because you have the regime that, through their financial dealings, know- Speaker, standing in Statutory Hall in Iran and you have the regime in ingly or unknowingly enable the Govern- and listening to Nelson Mandela thank Sudan trying to avoid the public oblo- ment of Sudan to continue to oppress and the Congress of the United States be- quy that they so richly deserve by say- commit genocide against people in the cause we had enacted sanctions. He Darfur region and other regions of Sudan, ing that is just the American adminis- and to authorize divestment from, and the said that the enactment of sanctions tration. They try to separate the Presi- avoidance of further investment in, the per- by the U.S. as part of a worldwide en- dent and his policies in opposition to sons. actment of sanctions brought an end to both of these from the American peo- SEC. 12. SUNSET. apartheid earlier than it would have ple. This Act shall terminate 30 days after the otherwise. Our former colleague, Mr. What these bills do is to make it date on which— Dellums, the mayor of Oakland, had a clear, as I think they soon will once (1) the President has certified to Congress very proud day then. He had been the they are law, that the opposition to the that— leader of it, and it is very fitting that genocide in Sudan and to the weapons (A) the Darfur genocide has been halted for the initiator of the bill we are dealing nuclearization in Iran are widespread at least 12 months; and with today is his successor, the gentle- (B) the Government of Sudan has honored throughout this country, and that this its commitments to— woman from California (Ms. LEE), who opposition is not just the President and (i) abide by United Nations Security Coun- has been the driving force in the bill we not just the Congress. It is a broad, cil Resolution 1706; have before us. deeply held American view. (ii) cease attacks on civilians; And what we have is this: There are One final point. A letter from Na- (iii) demobilize and demilitarize the American citizens, State governments tional Council on Foreign Trade com- Janjeweed and associated militias; and others who have funds invested in plained that with these bills we were (iv) grant free and unfettered access for de- collective investment entities. They going to let the States get into the for- livery of humanitarian assistance; and have invested the funds to get a max- eign policy business. No, this is the (v) allow for the safe and voluntary return imum return, pension funds, State gov- of refugees and internally displaced persons; Congress of the United States into the and ernments and others, individuals in foreign policy business. This does not (2) the United States has revoked all sanc- mutual funds. And they have in many say that any mutual fund anywhere at tions against the Government of Sudan and cases gone to the investment entity any time can divest for foreign policy the officials of such government, including and said, We don’t want our money reasons. I think, by the way, they al- sanctions authorized by— helping the dictatorship of Iran go nu- ready have that right, and we make it (A) the Sudan Peace Act (Public Law 107– clear. We don’t want our money used to clear in this bill. We are not trying to 245); perpetuate genocide in Darfur and help say that they don’t. (B) the Comprehensive Peace in Sudan Act a government that does that. We want of 2004 (Public Law 108–497); But what this package of bills does is (C) the USA PATRIOT Improvement and you to sell our investments in compa- these two bills makes two foreign pol- Reauthorization Act of 2005 (Public Law 109– nies that are complicit in this through icy judgments. The United States Con- 177); economic support. gress, by passing these bills, will say (D) the Darfur Peace and Accountability And they have been met in some we have an absolute horror about the Act of 2006 (Public Law 109–344); and cases by the argument, Well, we can’t genocide in Darfur and want to do ev- (E) any other Federal law or executive do that because we have a fiduciary re- erything we can to put an end to it, order. sponsibility as the investment entity and we are overwhelmingly opposed to The SPEAKER pro tempore. Pursu- to maximize returns, and, therefore, we the regime in Iran acquiring nuclear ant to the rule, the gentleman from cannot sell this company and that weapons. These are two very specific Massachusetts (Mr. FRANK) and the company. And to the extent that they foreign policy judgments that Congress gentleman from New Jersey (Mr. GAR- are complicit in Darfur and complicit will make. We will then be empowering RETT) each will control 20 minutes. in Iran’s nuclear weapons, that is irrel- people in the United States to join us The Chair recognizes the gentleman evant. in implementing them. But the argu- from Massachusetts. Mr. Speaker, I think that is often ment that this somehow throws open Mr. FRANK of Massachusetts. Mr. more of an excuse than a reason. But the foreign policy process willy-nilly is Speaker, I yield myself such time as I today, we render that debate moot be- simply wrong. may consume. cause the two bills we are dealing with, I submit the following correspondence: Mr. Speaker, this is a good day for now with Darfur and subsequently with COMMITTEE ON EDUCATION AND LABOR, the cause of human rights and for Iran, do not compel any investment en- Washington, DC, July 27, 2007. drawing on the strength of the Amer- tity to do anything. These are not bills Hon. BARNEY FRANK, ican people to vindicate the values that of compulsion. They fully respect the Chairman, Committee on Financial Services, are so widely shared among our people. market. What they say is, if you are a House of Representatives, Washington, DC. This bill is part of a package of two. mutual fund, if you are a pension fund DEAR CHAIRMAN FRANK: I am writing to Subsequently we will deal with a bill manager, and significant numbers of confirm our mutual understanding with re- spect to the consideration of H.R. 180, the involving the country of Iran. Both of the investors in your entity or the Darfur Accountability and Divestment Act. them have a similar purpose; namely, beneficiaries of your entity come to As you know, Section 7 of H.R. 180 amends to empower Americans in their indi- you and say, Clean my hands; I do not the Employee Retirement Income Security vidual capacities, through their State want to be financing these outrageous Act of 1974 to provide a safe harbor for

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.056 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8847 changes of investment policies. I am writing COMMITTEE ON FINANCIAL SERVICES, Hundreds of thousands of civilians to confirm that this provision falls within Washington, DC, July 27, 2007. have been killed, many of them in par- the jurisdiction of the Committee on Edu- Hon. HENRY A. WAXMAN, ticularly brutal ways. Another esti- cation and Labor. Chairman, Committee on Oversight and Govern- mated 2 million in Darfur have been ment Reform, House of Representatives, Given the importance of moving this bill displaced refugees, plus hundreds of forward promptly, I do not intend to object Washington, DC. to its consideration in the House. However, I DEAR CHAIRMAN WAXMAN: Thank you for thousands in Chad. This is a crisis that do so only with the understanding that this your letter concerning H.R. 180, the ‘‘Darfur must be addressed now and must be ad- procedure should not be construed to preju- Accountability and Divestment Act,’’ which dressed on each and every front. dice my Committee’s jurisdictional interest the Committee on Financial Services has or- Unfortunately, the international and prerogative in H.R. 180 or any other dered reported. The bill was also referred to the Committee on Oversight and Govern- community, specifically in the United similar legislation and will not be considered Nations, the U.N. has consistently as precedent for consideration of matters of ment Reform. This legislation will be consid- jurisdictional interest to my Committee in ered by the House shortly. failed in efforts to bring peace to this the future. The Committee also asks that I want to confirm our mutual under- region. U.N. resolutions have lacked you support our request to be conferees on standing with respect to the consideration of the teeth or failed to be implemented, the provisions over which we have jurisdic- this bill. I am pleased that our committees and that is because of the Security tion during any House-Senate conference. have reached an agreement regarding mat- Council members such as China and Sincerely, ters within the jurisdiction of the Oversight Committee, specifically those involving fed- Russia as they continue to stall the GEORGE MILLER, eral contracting rules. I appreciate your co- progress. Chairman. operation in moving the bill to the House So as the U.N. slowly moves towards floor expeditiously. I further agree that your a real peacekeeping force, other groups COMMITTEE ON FINANCIAL SERVICES, decision not to proceed on this bill will not Washington, DC, July 27, 2007. are being forced to pull out because of prejudice the Committee on Oversight and violence in the region. Thus, recently, Hon. GEORGE MILLER, Government Reform with respect to its pre- Chairman, Committee on Education and Labor, rogatives on this or similar legislation. I OxFam announced in June that they Washington, DC. would support your request for conferees in will have to pull out of the largest DEAR CHAIRMAN MILLER: Thank you for the event of a House-Senate conference. camp in Darfur, where more than your recent letter regarding the consider- I will include this exchange of correspond- 130,000 people have found shelter; and ation of H.R. 180, the Darfur Accountability ence in the Congressional Record during the without a way to protect humanitarian and Divestment Act. I agree that Section 7 consideration of the bill. Thank you again aid flowing into the area, thousands of H.R. 180 falls within the jurisdiction of the for your assistance. more will face starvation. Committee on Education and Labor. BARNEY FRANK, I appreciate your willingness to allow this Chairman. That is why I’m pleased we are bring- bill to move forward today; and I agree that ing this important legislation to the this procedure in no way diminishes or alters COMMITTEE ON FOREIGN AFFAIRS, floor today, the Darfur Accountability the jurisdictional interest of the Committee Washington, DC, July 30, 2007. and Divestment Act. on Education and Labor. Hon. BARNEY FRANK: It requires the Secretary of the Sincerely, Chairman, Committee on Financial Services, BARNEY FRANK, Washington, DC. Treasury to create a list of companies Chairman. DEAR MR. CHAIRMAN: I am writing to you that have a direct investment in or are concerning the bill, H.R. 180, the Darfur Ac- conducting businesses operations in COMMITTEE ON OVERSIGHT AND countability and Divestment Act of 2007. I Sudan’s power, mineral, oil or military GOVERNMENT REFORM, understand that there are certain provisions equipment industries. Washington, DC, July 27, 2007. of this legislation, as it will be presented to the full House, that fall within the Rule X It authorizes States and local mu- Hon. BARNEY FRANK, nicipalities to divest based on the Chairman, Committee on Financial Services, jurisdiction of the Committee on Foreign Af- Washington, DC. fairs. Treasury list or other lists to protect In the interest of permitting your Com- DEAR CHAIRMAN FRANK: I am writing to them from lawsuits. confirm our mutual understanding with re- mittee to proceed expeditiously to floor con- It amends the Investment Company spect to the consideration of H.R. 180, the sideration of this important bill, I am will- Act of 1940 and the Employee Retire- Darfur Accountability and Divestment Act. ing to waive this Committee’s right to se- quential referral. I do so with the under- ment Income Security Act of 1974 to As you know, on July 26, 2007, the Com- standing that by waiving consideration of protect mutual funds and pension funds mittee on Financial Services ordered H.R. the bill, the Committee on Foreign Affairs from lawsuits if they choose to divest 180 reported to the House. The Committee on does not waive any future jurisdictional from companies on the Treasury list. Oversight and Government Reform (Over- claim over the subject matters contained in sight Committee) appreciates your effort to And finally, fourthly, it prohibits the the bill which fall within its Rule X jurisdic- consult regarding those provisions of H.R. U.S. Government from entering into or tion. 180 that fall within the Oversight Commit- I would ask that you place this letter into renewing contracts with companies on tee’s jurisdiction and more specifically, the Congressional Record when the Com- that list. those sections involving federal contracting mittee has H.R. 180 under consideration. I was very pleased, as I say, Mr. rules. Sincerely, Speaker, with the chairman working in In the interest of expediting consideration TOM LANTOS, a bipartisan manner with myself and of H.R. 180, the Oversight Committee will Chairman. not separately consider this bill. The Over- Ranking Member BACHUS on the com- sight Committee does so, however, with the Mr. Speaker, I reserve the balance of mittee, and we agreed to make a num- understanding that this does not prejudice my time. ber of changes to the bill to address the Oversight Committee’s jurisdictional in- b 1245 some of the concerns made from our terests and prerogatives regarding this bill Mr. GARRETT of New Jersey. Mr. side of the aisle. One of the specific or similar legislation. changes that was made was calls on I respectfully request your support for the Speaker, I yield myself such time as I may consume. countries around the world to take appointment of outside conferees from the similar steps with regard to the situa- Oversight Committee should H.R. 180 or a I rise today to join with the chair- similar Senate bill be considered in con- man in support of H.R. 180, the Darfur tion. ference with the Senate. Accountability and Divestment Act. The section states: ‘‘It is the sense of I also request that you include our ex- I’m increasingly concerned, I’m out- the Congress that the governments of change of letters on this matter in the Fi- raged in a sense, about the continuing all other countries should adopt meas- nancial Services Committee Report on H.R atrocities in the Darfur region of ures, similar to those contained in this 180 or in the Congressional Record during Sudan. Without question, the horrific act, to publicize the activities of all consideration of this legislation on the actions of the janjaweed militia and persons that, through their financial House floor. the Sudanese Government must imme- dealings, knowingly or unknowingly Thank you for your attention to these matters. diately end. And the nations of the enable the Government of Sudan to Sincerely, world must speak in unison against continue to oppress and commit geno- HENRY A. WAXMAN, this genocide, and that is what it is, a cide against people in the Darfur re- Chairman. genocide. gion and other regions of Sudan, and to

VerDate Aug 31 2005 02:39 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.069 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8848 CONGRESSIONAL RECORD — HOUSE July 30, 2007 authorize divestment from, and the Shata, Founder/Executive Director, over the last few months to craft this avoidance of further investment in, the Darfur Community Organization, bill. persons.’’ Omaha, NE; Shirley Bodisch, OP, Do- Also let me just thank and recognize minican Sisters; Anita Sharma, Execu- As the distinguished ranking member Congressman LUIS GUTIERREZ, who tive Director, ENOUGH: a project to of the committee, Mr. BACHUS, has end genocide and crimes against hu- chairs the subcommittee, for his sup- noted, ‘‘Economic and financial consid- manity; Eric Cohen, Chair, port and assistance. erations are important, but in a loving FidelityOutOfSudan.Com Campaign; In addition, I must thank the Sudan Nation can never be as justification for Mark Hanis, Executive Director, Geno- Divestment Task Force and its staff complicity in genocide. Closing our fi- cide Intervention Network; Nina and especially my staff, Lauren Jen- nancial markets to those who partici- Schwartz, Vice President, Help Darfur kins and Christos Tsentos, as well as pate directly or indirectly in the Now; Lisa Stenchever, Education Coor- Sam Bell and Aysha House-Moshi, for- slaughter of innocent human beings is dinator, Holocaust Museum and Study merly of my staff, who really helped Center; Steve Gutow, Executive Direc- well within our ability and ought to be me and helped the groups around the a bedrock principle. America is a lov- tor, Jewish Council for Public Affairs; Rabbi Shawn Zevit, Director of Exter- country come together to put this bill ing Nation, and allowing our financial nal Affiliations and Tikkun Olam, Jew- together. markets to be utilized by an evil re- ish Reconstructionist Federation; Sr. And let me thank our ranking mem- gime which conducts religious and ra- Sheila Kinsey, OSF, Leader, Justice, ber of the committee for his early lead- cial genocide is inconsistent with our Peace & Integrity of Creation Office ership, Congressman BACHUS, as well as values and principles.’’ Wheaton Franciscans, Wheaton, Illi- Congressman GARRETT, a cosponsor of With that, Mr. Speaker, I reserve the nois; Marie Lucey, OSF, Associate Di- this bill, and also Congressman DON rector for Social Mission, Leadership balance of my time. PAYNE, FRANK WOLF and Senator Conference of Women Religious; GENERAL LEAVE BROWNBACK for testifying at the com- Mr. FRANK of Massachusetts. Mr. Joellen McCarthy, BVM, Mary Ann Zollmann, BVM, Peggy Nolan, BVM, mittee when this bill was heard. Speaker, first I ask that all Members Leadership Team of the Sisters of And, lastly, let me just commend and have 5 legislative days to revise and ex- Charity, BVM Dubuque, Iowa; Hilary O. thank our great Speaker, Speaker tend their remarks and include extra- Shelton, Director, NAACP Washington NANCY PELOSI, for her tremendous neous material. Bureau; Sr. Elizabeth Rogers, Justice leadership, and also our majority lead- The SPEAKER pro tempore. Is there and Peace Representative, North er, STENY HOYER, for making sure that objection to the request of the gen- American Province of the Cenacle Sis- our caucus works in a bipartisan fash- ters; Eddie L. Koen, Jr., National tleman from Massachusetts? ion to keep this issue alive. There was no objection. Chair, National Black Law Students Association; Rev. Dr. Bob Edgar, Gen- Thirteen years ago, the world stood Mr. FRANK of Massachusetts. Mr. by as nearly 1 million people were Speaker, I would like to inject into the eral Secretary, National Council of Churches; Martina W. Knee, Member, slaughtered in the genocide in Rwanda, RECORD at this point a letter from 41 Executive Committee, San Francisco and the best our country could do then national organizations, the Save Bay Area Darfur Coalition; Andrea was to apologize for failing to act after Darfur Coalition, strongly supporting Schuver, Co-chair, Save Darfur of the fact. Many of us swore that another this legislation. South Palm Beach; Julie Driscoll, SCN, Rwanda would never again take place Washington, DC, July 30, 2007. Vice-President, Sisters of Charity of on our watch, but it is happening DEAR MEMBER OF CONGRESS: We write to Nazareth; Sister Marilyn Gottemoeller, request your vote in favor of H.R. 180, the Sisters of Mercy, Regional Community again. Darfur Accountability and Divestment Act, of Cincinnati; Diana Oleskevich, CSJA, Three years ago last week, on July which is ‘‘under suspension’’ and scheduled Justice Coordinator, Sisters of St. Jo- 22, 2004, under the leadership of our for a floor vote on Monday, July 30th. seph of Carondelet and Associates; Sis- good friend Congressman DON PAYNE, Three years ago this month the United ter Catherine Marie Kreta, CSJ, Jus- Congress finally formally declared the States Congress recognized the crisis in tice Coordinator, Sisters of St. Joseph genocide was taking place in Darfur. Darfur, Sudan as genocide. Today, the esca- of Carondelet—Los Angeles Province; lating violence in the region demands that Today, the genocide is getting worse. I Sister Patricia Murphy, CSJ, Sisters of have witnessed this horror on three oc- Congress take decisive action. St. Joseph of Carondelet—St. Louis Together our organizations represent con- Province; Sister Marge Wissman, Sis- casions in Darfur; and let me tell you, cerned Americans from all states and of ters of St. Francis, Oldenburg, IN; it is getting worse. many faiths—Darfur advocates and Amer- Scott Warren, Director, STAND: A Stu- Mr. Speaker, many of us in a bipar- ican citizens from across the political spec- dent Anti-Genocide Coalition; Gabriel tisan effort have spoken out repeatedly trum working together to end the genocide. We strongly endorse the spirit and sub- Stauring, Co-Founder, Stop Genocide on the floor over the last three years in stance of H.R. 180 and encourage its quick Now; Adam Sterling, Director, Sudan condemnation of the ongoing genocide passage. This legislation will be a powerful Divestment Task Force; Rob Mosher, in Darfur. These efforts have only in- action to put much-needed economic pres- Director, Government Affairs, U.S.-Ar- tensified as we have sought to use each sure on Sudan with the goal of stopping menia Public Affairs Committee; Dr. and every tool at our disposal to bring Geoff Tunnicliffe, International Direc- genocide. Thank you for your consideration this genocide to an end. of this legislation. tor/CEO, World Evangelical Alliance; Czerina Patel, Executive Director, In April, we passed a resolution urg- Sincerely, ing our friends in the League of Arab Bill Wasserman, Executive Director, Yenza: Building Bridges, Spotlighting Save Darfur Coalition; Jason F. Success and Amplifying Voice in Afri- States to exert their influence on the Isaacson, Director, Government and ca. Government of Sudan. International Affairs, American Jewish Mr. Speaker, I yield 6 minutes to the In May, we called on the Defense De- Committee; Ruth Messinger, Executive main sponsor of the bill, as I said, the partment to examine the rehabilita- Director, American Jewish World Serv- gentlewoman from California (Ms. tion of the Abeche airfield in Chad to ice; Bryan Ardouny, Executive Direc- LEE), who as a member in the last term support expanded humanitarian oper- tor, Armenian Assembly of America; of both the Foreign Affairs and Finan- ations in Darfur. Gedlu B. Metaferia, Executive Direc- And in June we passed another reso- tor, African Mutual Assistance Asso- cial Services Committees was very ciation of Missouri; Sylvia Oliva, Clerk well-suited to push this and continues lution urging the Chinese to leverage of Peace and Social Concerns Com- to be a very strong supporter of it. their very unique influence with Sudan mittee, Annapolis Friends Meeting, Re- Ms. LEE. Mr. Speaker, let me begin to help end the genocide. ligious Society of Friends; Aram by thanking my friend and colleague, Today, we take another very impor- Hamparian, Executive Director, Arme- the chairman of the Financial Services tant step forward by passing H.R. 180. nian National Committee of America; Committee, Congressman FRANK, for This is bipartisan legislation which Daniel S. Mariaschin, Executive Vice his tremendous leadership. Not only would support the growing grass-roots President, B’nai B’rith International; did you help us move this bill forward, movement to divest from companies Raj Purohit, Senior Fellow, Citizens doing business in Sudan. for Global Solutions; Imelda Gonzalez, but you helped, quite frankly, to make General Councilor, Congregation of Di- it a much better bill. So I want to Organizations led by young people vine Providence; Rabbi Marla J. Feld- thank Congressman FRANK, also your like STAND and the Save Darfur Coali- man, Director, Commission on Social staff, Daniel McGlinchey, Jim Segal tion have been in the forefront of suc- Action of Reform Judaism; Bakheit and Katie Lavelle for working with us cessful student divestment campaigns

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.046 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8849 across the country to pressure the cide was occurring in the Darfur region actly that. It requires that the Sec- Khartoum regime to end the genocide of western Sudan. This was the first retary of the Treasury publish and in Darfur, and we do owe them a debt time in the history of this body that maintain a list of companies or enti- of gratitude. genocide was declared as the atrocities ties whose business dealings directly To date, over 54 universities, 19 were occurring. benefit the regime in Khartoum. It en- States and 9 cities have passed divest- The decision to evoke the word ables State and local governments to ment legislation to pull State and local ‘‘genocide’’ at that time was not taken divest from those companies and pro- funds out of companies that conduct lightly, but the evidence of vast vide safe harbor to fund managers who business with Sudan. slaughter, aerial bombardments and do divest. Throughout our country, our con- forced displacements targeted against In essence, this allows the contribu- stituents are standing up and demand- the African tribes in Darfur left us tors to and the beneficiaries of State ing that their hard-earned money not with little choice. and local government pension funds to be used to support a pariah government No one could claim that they did not avoid directly or indirectly supporting that is killing its own people. understand the gravity of the human genocide in Darfur. Divestment cam- My bill would authorize and support rights and the security crisis in Darfur. paigns of this nature have drawn criti- States, local governments, univer- We read about it in the papers. We saw cism by some who fear that they inap- sities, mutual funds and pension plans the images on television. We heard propriately violate the sanctity of U.S. that choose to divest from companies about it from humanitarian groups in markets. doing business in Sudan. the region, and some of us have now It is true divestments should not be At the same time, we would prohibit even seen it with our own eyes. taken lightly. But in the case of geno- the Federal Government from renewing It was believed that, by making such cide, we are bound by conscience and or signing contracts with multi- a bold declaration, other responsible overarching U.S. values to do all that national companies doing business nations would feel compelled to join is within our power to intervene. Hav- with Sudan. These businesses and in- the United States in taking firm action ing served as witness to this catas- dustries are in the mineral and oil and to halt this senseless slaughter of inno- trophe, I have no hesitation in sup- military equipment industries. We cent civilians in this far off place, but porting the cause of divestment. want them to stop propping up this here we are 3 years later and the car- In fact, it gives me great pride to say genocidal regime. nage in Darfur continues. that in my own district, south Florid- As we pursue divestment, we must Hundreds of thousands have been ians have joined in this humanitarian also continue to support the rapid and killed, over 2 million others have been effort. It is time to stop funding the unconditional deployment of the forced from their homes. Entire vil- war machine in Sudan. Adoption of United Nations and African Union lages have been razed, crops and wells this legislation today will no doubt put forces, along with free and unfettered destroyed, and countless young women us at odds with a number of our allies, access for groups providing humani- and girls raped. And here we are again with members of the U.N. Security tarian assistance. And we must con- forced to go it alone, for the sake of Council, and those with significant eco- tinue to urge all parties to lay down the victims of genocide in Sudan. nomic interest with Sudan, such as their arms and come to the table to ne- Currently, the U.N. Security Council China. gotiate a political solution. is once again held hostage to the Our labeling of the atrocities in Every day we wait, killings, the search for consensus. Council members Darfur as genocide also put us at odds rapes, the starvation, the dislocation, are engaged in a senseless debate over with others. But their indifference did they all continue. the latest resolution on Darfur, fight- not deter us in 2004, and it must not This genocide is happening on our ing over whether deploying a truly ca- deter us now. I urge my fellow Mem- watch. But this time, working together pable peacekeeping mission, with a bers to take a stand today on behalf of in a bipartisan coalition, we have the chapter 7 mandate to protect civilians, the people of Darfur and to support will and determination and the where- violates the so-called sovereignty of a this important legislation. withal to stop it. It worked with the genocidal regime. Mr. FRANK of Massachusetts. racist apartheid regime in South Afri- Several of my colleagues and I trav- Madam Speaker, I thank the gentle- ca, and it can work with the genocidal eled to the United Nations last week as woman from Florida, who has been a regime in Sudan. part of a delegation led by our major- leader on human rights. Also, I should Not on our watch. Save Darfur, as ity leader, STENY HOYER. We focused say that I am very proud of the bipar- the Save Darfur Coalition so passion- our efforts on securing support for im- tisan cooperation we have had in the ately has said; and, today, I hope that mediate action by the United Nations, Financial Services Committee on this. the House of Representatives will say but we cannot afford to continue to Madam Speaker, I yield 3 minutes to the same thing by passing H.R. 180. wait. one of the other main coauthors of Again, I want to thank the Financial I cannot forget the faces of the chil- this, the gentleman from California Services Committee, and I must thank dren and the families in the camps that (Mr. SHERMAN). again Congressman FRANK for really I visited in April. Their eyes spoke vol- Mr. SHERMAN. I thank the gen- making sure that what we intend to do umes, piercing through our souls, tleman for the time. we will do. And I want to thank Con- clamoring for the world to help them. Madam Speaker, we have already gressman FRANK again for making this It is, therefore, time once again to banned U.S. companies from con- a much stronger bill. We’ve worked on take bold action in the hope that it ducting business operations in Sudan. this for a couple of years, and I tell you will finally compel the murderous re- Now we need to enlist American inves- working together in a bipartisan fash- gime in Khartoum to simply end this tors to change the behavior of foreign- ion we will end this horrific genocide in madness. We need to send a clear mes- based multinationals, to make it clear Darfur. sage to Khartoum that we are not that they cannot have the capital of Mr. GARRETT of New Jersey. Mr. fooled by their half measures and delay well-meaning Americans and the sup- Speaker, I yield such time as she may tactics and that we are serious about posed benefit of cozying up to the gov- consume to the gentlewoman from ending this conflict. And to do so we ernment in Khartoum. Florida (Ms. ROS-LEHTINEN), ranking must speak in language that they will The way to do this, the way to member of the Foreign Affairs Com- surely understand, the language of eco- change the behavior of the Government mittee. nomic interests. of Sudan, is to change the behavior of Ms. ROS-LEHTINEN. Mr. Speaker, multinational corporations. The way I’m proud to support the bill before us, b 1300 to change the behavior of multi- H.R. 180, the Darfur Accountability and This Sudanese regime has proven national corporations is to change Divestment Act. time and time again that it responds American investment policies. It was 3 years ago this month, Mr. only to real pressure. The only true le- Scores of private organizations in Speaker, that Congress passed the his- verage we have is to strike at their this country, including the University toric resolution declaring that geno- economic interest. H.R. 180 does ex- of Southern California, have already

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.047 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8850 CONGRESSIONAL RECORD — HOUSE July 30, 2007 divested; some 19 States have already floor of that anniversary and a moment The United States has made a tre- adopted divestment policies. This bill of silence and the pledge this shall mendous commitment to the people of helps divestiture in two ways. First, it never happen again. Unfortunately, it Darfur in the form of humanitarian aid provides some critical guidance to has happened again. That is why we are and diplomatic efforts to end the geno- those who want to divest. Those who here today. cide, but more must be done. Divest- want to divest are faced first with the Mr. Speaker, I yield 6 minutes to the ment is a very serious step for our gov- issue of what standards to apply: Do I gentleman and a strong fighter on this ernment to take against a nation that want to divest in any company that issue, the gentleman from Connecticut does not threaten our security or the sells a candy bar in Khartoum, or do I (Mr. SHAYS). security of our allies. only want to divest against those com- Mr. SHAYS. I thank the gentleman It is a tool that must be used spar- panies selling guns to the Government very much and appreciate his work. ingly, but given the abhorrent crimes of Sudan? Mr. Speaker, I wanted to come here that continue to be committed against This bill focuses on those companies today. It’s amazing, this suspension the Darfuri people, I believe it is a providing the strategic assistance that calendar has so many big bills. The most appropriate act. helps the Khartoum Government and chairman of the Financial Services The bottom line, as this legislation empowers that government. It identi- Committee points out this is important states, is that no American should fies the key investment sectors of the legislation that we are discussing. It have to worry that his or her invest- Sudanese economy that government re- may be on the suspension calendar, but ment or pension money was earned in lies upon. It draws the line that estab- that’s only because there is unanimity. support of genocide. lishes a clear standard. Others may de- There is a feeling on both sides of the I urge all Members to vote for H.R. part from that standard and have an aisle, Republican and Democrat, House 180 and continue our efforts and com- absolute rule: I don’t want to invest in and Senate, supporting these bills, as mitment to end violence in the Sudan. I want to say, in closing, that we are anything, any company doing business well as the White House. going to have to consider even more in Sudan. But this bill provides guid- We will be dealing with the Darfur significant acts. One is sanctions, but ance to those who want one. Accountability Divestment Act of 2007, we may need to consider a no-fly zone, Second, the issue is which companies the Iran Sanctions Enabling Act of and, frankly, working with others, do I not want to invest in. Here the bill 2007. We are going to be expressing a military force. Obviously we have to provides a list published by the Sec- sense of the House of Representatives use our military sparingly, given their retary of the Treasury of those compa- that the Government of Japan should overuse in Iraq and Afghanistan, but nies violating the standards identified formally acknowledge, apologize and can we expect that the African Union in the bill. accept historical responsibility in a can do more than send 7,000 troops? We As the chairman of our committee clear and unequivocal manner for its should be willing to pay for that, and points out, investors already have the Imperial Armed Force’s coercion of we are. young women into the sex trade. We right to divest. They shouldn’t wait for Can we expect that Europe should be us to pass this bill. The fiduciary duty are going to be urging the Government willing to step up and take action? to protect one’s beneficiaries is en- of Canada to end the outrageous com- They are rarely willing to, but in this hanced if you divest from those busi- mercial sea hunts. We will be amending case, I think we should expect they nesses doing business in Sudan, be- the Iran Sanctions Act, and we will should, especially given their minimal cause investing in terror is bad busi- have a Belated Thank You to the Mer- role in Iraq and even their less than ness and the sign of bad management; chant Mariners of World War II Act, full participation in Afghanistan. it exposes a corporation to these brave men, in particular, and Can we expect NATO to step up? That reputational risk. women, who basically risked their lives involves the United States. Why not? Likewise, our cities and States have going back and forth to Europe and And that at the very end, if nothing the right to decide for themselves how haven’t gotten the recognition they de- else happens, the U.S. to invest their money. But even if you serve. I was in Darfur in August of 2006, buy the constitutional view, and I But let me speak specifically to meeting with the governor of Northern don’t, that they can only divest when Darfur. I rise in support of H.R. 180, Darfur. He was somewhat disturbed by consistent with American foreign pol- which supports State, city and univer- the killings going on in his own coun- icy, you don’t have to wait for this bill. sity efforts to divest funds or restrict try. But when I suggested that we Sudan is on the terrorism list. There is investment in companies that conduct might need to take other action like a no clearer statement of American for- business operations in Sudan. no-fly zone, he was indignant. He was eign policy that we want all Ameri- First, let me say I have tremendous outraged. He couldn’t accept it. That cans, and all cities, counties and respect for all those who have worked got his attention. He wasn’t particu- States, to join with the Federal Gov- to raise awareness of this important larly concerned that his own people ernment in carrying out the Federal issue, student groups and faith-based were killing each other with, frankly, policy to put economic pressure on the organizations, especially from the Afri- the consent of its own government, but government in Khartoum. can-American, Jewish and Armenian he was outraged to think that outside So I hope people will act now. To communities have done a wonderful governments might come in and stop some extent, what this bill does in job, a really outstanding job of edu- it. stating that fiduciaries are free to di- cating their fellow citizens and law- We will have to deal with that out- vest is simply provide an end to an ex- makers about the crisis and the need to rage. We have to stop the killing. cuse. They don’t need the excuse. They respond. Mr. FRANK of Massachusetts. Mr. ought to divest. In addition, this body owes a debt of Speaker, I yield 21⁄2 minutes to a mem- Mr. GARRETT of New Jersey. Mr. gratitude to Representative BARBARA ber of the committee who has been Speaker, I yield myself 30 seconds. LEE, Representative FRANK WOLF, working hard on this, the gentleman I begin by saying that over the last Chairman TOM LANTOS and Chairman from North Carolina (Mr. MILLER). couple of years there have been mul- BARNEY FRANK, Ranking Member Mr. MILLER of North Carolina. Mr. tiple genocides that occurred under the ILEANA ROS-LEHTINEN, and Ranking Speaker, I also rise to support this leg- U.N.’s watch. There was Bosnia, Rwan- Member Mr. BACHUS and others who islation to treat the monstrous Bashir da and now Darfur. Each time the U.N. have kept the genocide of Darfur in our regime in the Sudan like the pariah it has failed to take appropriate action. forefront and consciousness. deserves to be. I also visited the Sudan Each time it is because of political and The world collectively agreed to in April as a member of a congressional economic pressure. never again allow genocide after the delegation led by Majority Leader When the current situation arose in Holocaust and again after the mass STENY HOYER. Ms. LEE, the author of Darfur, the best that we could get out murders of Rwanda in 1994. Tragically, this important legislation was a mem- of the U.N. and then-Secretary General genocide is taking place, and the ber of that delegation, as was Ms. ROS- Kofi Annan was, at the anniversary of United States must take all reasonable LEHTINEN, who just spoke a few min- Rwanda, simply a statement on the steps to end the killing. utes ago.

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.074 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8851 I returned from the Sudan even more The previous speaker just said the will look, the Bashir will look, the convinced that we must not waiver in U.N. failed. Wow, the U.N. failed so Khartoum government will look, and our effort to end the genocide in much. The U.N. failed in Srebeniza. lastly the people in the camps will find Darfur. The Bashir regime, just last They stood by and allowed the Serbs to out that the United States Congress week, again rejected a draft United Na- come in and commit genocide in has done something to really make a tions resolution to deploy a joint Srebeniza. The U.N. failed. And Kofi difference. peacekeeping force to use all necessary Annan, who was really head of U.N. Mr. FRANK of Massachusetts. Mr. means to end the violence in Darfur, to peacekeeping, and he failed while he Speaker, I yield myself 10 seconds to end the killing, to secure order. just stood by and allowed the genocide say we agree with the gentleman from The Bashir regime has repeatedly to take place in Rwanda. Kofi Annan Virginia. There will be a rollcall. called an international force an affront and the U.N. failed and history has to Among the people who we hope will to their sovereignty. The Bashir re- show it. It has to show that the people look at it are the few right across the gime has forfeited their sovereignty, at the U.N. failed to deal with this hall there. We do plan to have a roll- their claim to sovereignty, by commit- issue of genocide. call. ting genocide, by sponsoring genocide When Senator BROWNBACK and I were Secondly, I just want to say that peo- against their own people. In the last 4 there with the first group, we came ple have commented on the over- years, 400,000 to 450,000 people have back and asked Kofi Annan to go. He whelming support, but this could have been killed in Darfur; 2.5 million people had not actually been there before. been more divisive, and the staffs of have abandoned their homes to seek This has been a failure. And because of both Democrats and Republicans on refuge from the violence; 4 million rely Congresswoman LEE and Chairman our committee, Chris Tsentas of Ms. on food assistance. FRANK and others coming to dem- LEE’s staff and others worked very The Bashir regime’s claim of sov- onstrate the United States is com- hard together. ereignty is a flimsy legalism in the mitted to doing something that can Mr. Speaker, I now yield the remain- face of the atrocities in Darfur. This really make a difference and not just a ing time to the gentleman from Amer- resolution that calls something some- legislation will hold up for public ican Samoa (Mr. FALEOMAVAEGA). thing and nothing ever happens. shame the companies that invest in the The SPEAKER pro tempore. The gen- Sudan or conduct business with the The Chinese have failed. We cannot tleman is recognized for 21⁄4 minutes. Sudan that will seek profits, even in hide the fact. Every time you purchase a piece of furniture or food or whatever Mr. FALEOMAVAEGA. Mr. Speaker, the face of the genocide in Darfur. I find it very difficult for me to follow Sixty years ago, as the enormity of and it says ‘‘Made in China,’’ this is the such a most eloquent speech that was the Holocaust sank in, humanity prom- government that has helped bring you given by my good friend from Virginia, ised never again. But the world has let the genocide in Darfur. Their Olympics a true champion of human rights, and genocide happen again and again, most in 2008 will be a monument to their as cochair of our Human Rights Caucus recently in Rwanda. Kofi Annan, then- genocidal activity and effort. Period. also with the gentleman from Cali- Secretary General of the United Na- Period. They’ve even hired people to fornia, the chairman of our House For- tions, admitted that the world failed put on a good show similar to what eign Affairs Committee, Mr. TOM LAN- the people of Rwanda. I refuse to fail Nazi Germany did, Hitler did, in the TOS. the people of the Sudan, of Darfur, as Olympics in the thirties. They could I want to thank the chairman of our we failed the people of Rwanda. I am have singlehandedly stopped the geno- Financial Services Committee, Mr. determined to keep the promise of 60 cide. The President of China went to FRANK, for his leadership and for intro- years ago. Never again. Sudan and we all thought that he was Mr. GARRETT of New Jersey. Mr. going to announce that he had put ducing as well as following closely the Speaker, I yield 5 minutes to a cham- pressure on the Sudanese government. way that we have now come about in pion of the fight for human rights, the He announced that he was building bringing this very important legisla- tion for consideration by Members of gentleman from Virginia (Mr. WOLF). them a new palace. China, after the (Mr. WOLF asked and was given per- Government of Sudan, is the number this body. I would be remiss if I did not mission to revise and extend his re- two country responsible, history will also express my sincere appreciation to marks.) show, responsible. one of our former senior members of Mr. WOLF. I thank the gentleman. Lastly, because of the efforts of Con- our Foreign Affairs Committee who is Mr. Speaker, I rise in support of the gresswoman LEE, hopefully now all of no longer with us, the gentlelady from Darfur Accountability and Divestment the Governors and the State legisla- California, Ms. BARBARA LEE, for her leadership and for her sensitivity espe- Act. I want to thank Congressman LEE tures, including my own, which did it for her leadership in this effort; also in the Senate but not in the House, will cially to the problems we are faced with in Darfur. I thank also my good Chairman FRANK for his effort to move now feel released and there will be no this thing and not just talk about it, excuse to pass these, the same way friend, the chairman of our Africa sub- but actually get it out; also Congress- that the State of New Jersey did under committee of the Foreign Affairs Com- mittee, Mr. DON PAYNE, who I know man BACHUS and Congresswoman the leadership of Don Payne and the has also been working very closely in ILEANA ROS-LEHTINEN for their effort. people there. The same way that Cali- fornia did. The same way that Illinois crafting this legislation. My good b 1315 did. Many States have been reluctant. friend, the ranking member of our For- I also want to thank all of the young They have looked for excuses to find eign Affairs Committee, Ms. ROS- students around the country who have out. This legislation takes away all the LEHTINEN, and I know our chairman of participated in this whole disinvest- excuses and hopefully this time next the Foreign Affairs Committee both ment thing. When the whole tide was year after all the legislatures have had support it and I thank them for their running against them, they went an opportunity to act, there will be a leadership in bringing this legislation against the tide, and this language, rollcall and all 50 legislatures will have for consideration. this legislation, will enable them now participated and made this State law Mr. Speaker, over 400,000, 450,000 men, to move. whereby the disinvestment takes place women and children, especially chil- Genocide continues. 400,000 to 450,000 around the world. dren, are already dead in the event of have died. There are 2.5 million in Again, I thank Congresswoman LEE. I the atrocities that have been com- camps, many in Chad. Now, the Suda- thank the gentleman from New Jersey. mitted against these people in Darfur nese government, I heard on Friday, There ought to be a rollcall vote on and over 2 million refugees. According are giving the right for people in Chad this. I don’t know what the intentions to the Associated Press report just this to come back, not Sudanese but people are, I’m not involved in it, but there month, it says, the United Nations from Chad, to come in and take over ought to be a rollcall vote because they Human Rights Committee, in its first much of the land, some of the land, up will look to see. One, it will be inter- overall review of Sudan’s record in a to 90,000 that belongs to the people of esting to see if anyone votes ‘‘no’’ on decade, said that systematic murder, Darfur. it, but secondly I think the Chinese rape, forced evictions and attacks

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.051 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8852 CONGRESSIONAL RECORD — HOUSE July 30, 2007 against civilians continue to be com- sities, cities, and states can not only make a as States, cities, universities, and other orga- mitted with total impunity throughout strong statement against genocide, but can nizations, have to influence the Sudanese the Sudan and particularly in Darfur. actually act to halt the killing in Darfur. This government. It is the answer to the question That’s a fact. And what are we doing legislation supports state, city, and university that so many of us active in the fight to end about it? I think this legislation helps efforts to divest funds from, or restrict invest- genocide in Darfur hear too often: ‘‘What can move in that right direction, and I ments in, companies that conduct business I, as an individual, do in the face of such over- can’t think of a better person, a leader operations in Sudan. It directs the Securities whelming and ongoing tragedy?’’ in our Chamber here, Ms. LEE, for tak- and Exchange Commission (SEC) to require Mr. Speaker, the American people do not ing the leadership in this important all companies trading in registered securities support genocide in Sudan; their money legislation, as it was in her prede- that conduct business operations directly or should not support these atrocities either. I cessor, our good friend Mr. Dellums through parent or subsidiary companies in strongly urge my colleagues to join me in sup- from California and his leadership in Sudan to disclose the nature of such oper- port of this important legislation. presenting the importance of the role ations, and the Government Accountability Of- Mr. JACKSON of Illinois. Mr. Speaker, I rise sanctions can play in situations that fice (GAO) to investigate the existence and in strong support of H.R. 180, the Darfur Ac- the global community should make extent of such companies’ Federal Retirement countability and Divestment Act of 2007, and better efforts to support to get rid of Thrift Investment Board investments. The I want to congratulate my good friend from this terrible problem that we find our- State of Texas is one of a few states that has California, Ms. LEE, on producing the bill be- selves with in Darfur. moved to divert from Sudan. The time to act fore us today. Mr. GARRETT of New Jersey. Mr. is now. People are dying. I will be going to H.R. 180 would put much needed pressure Speaker, just a concluding point, with Sudan soon to visit the people of Darfur—we on the Government of Sudan by, (1) prohib- the need for us to take initial move- will visit aide workers and review the status of iting the U.S. Government from entering into ment on this but also to look for the the U.N. Peacekeepers and the status of contracts with companies fueling the genocide, rest of the world community to become water and nutrition among the already brutal- (2) authorizing states to divest from the worst involved. ized Darfurians. Again we must act to save offending companies in Sudan, and (3) author- It was just last year when U.N. Dep- lives now. izing states to prohibit contracts with compa- This legislation also prohibits U.S. govern- uty Secretary-General Mark Malloch nies fueling the genocide. This bill is nec- ment contracts with companies that conduct Brown said with regard to Darfur on essary because states deserve protection for this point: ‘‘And yet what can the U.S. business operations in Sudan, with exceptions acting as responsible and moral market par- do alone in the heart of Africa in a re- for companies with activities in southern ticipants. Furthermore, this legislation does not gion the size of France? In essence, the Sudan, related to the implementation of the affect American companies, and its provisions U.S. is stymied before it even passes 2006 Darfur Peace agreement, those pro- would expire once the genocide has ended. Go. It needs a multilateral means to viding military equipment to the African Union In 2004, I traveled to Darfur to see this dev- address the Sudan’s concerns.’’ I be- or the U.N. in Darfur, and those providing hu- astation first hand. I was shocked and ap- lieve that is true, but this is the first manitarian aid. Targeted financial policies of palled at the level of human suffering. As the step in that direction. this sort ensure that they will have the max- vice-chair of the Foreign Operations Appro- With that, I once again thank the imum impact on the government of Sudan, priations Subcommittee, I have tried to im- gentlelady from California and the while minimizing any negative effect on inno- prove conditions in Darfur with humanitarian chairman as well for their work to- cent Sudanese civilians. gether in a bipartisan manner on this While U.S. law already prohibits American aid and peacekeeping funds, but more must legislation. companies from directly operating in Sudan, be done. Ms. JACKSON-LEE of Texas. Mr. Speaker, they may still invest in foreign companies op- This bill begins to do the things that our hu- I rise today in strong support of H.R. 180, the erating in Sudan, including many that are di- manitarian aid and our peacekeeping funds Darfur Accountability and Divestment Act of rectly involved in supporting the genocide. can’t—address corporate and social responsi- 2007, introduced by my colleague Ms. LEE of Americans who invest in these American com- bility and put additional pressure on the Khar- California, of which I am a co-sponsor. panies are, without their knowledge, financing toum government to end the genocide. Mr. Speaker, Darfur, where the fIrst geno- Sudan’s killing fields. As this bill explicitly Again, I congratulate the gentlewoman for cide of the 20th century rages, remains the states, ‘‘No American should have to worry her legislation, and I strongly urge an aye vote worst humanitarian situation we face today. that his or her investments or pension money for H.R. 180, the Darfur Accountability and Di- Since the crisis began in 2003, an estimated was earned in support of genocide.’’ However, vestment Act. 400,000 people have been killed by the Gov- we must engage with China to encourage it to Mr. RANGEL. Mr. Speaker, I rise today to ernment of Sudan and its Janjaweed allies. stop supporting actions in Sudan that lead to encourage my colleagues to support the Additionally, over 2,000,000 people have been genocide. Darfur Accountability and Divestment Act of displaced from their homes and livelihoods, Divestment has historically proven an effec- 2007, H.R. 180. many of whom are still either internally dis- tive tool to alter unjust and persecutory poli- The passage of this bill will require the iden- placed within Darfur or are in refugee camps cies. In 1986, it was targeted against compa- tification of companies that conduct business across the border in Chad. Both the House of nies that conducted business operations in operations in Sudan and prohibit the United Representatives and the Senate declared that South Africa, and it played a critical role in States Government to contract with such com- the atrocities in the Darfur region of Sudan ending the apartheid regime. By the time free panies. The atrocities in Sudan have only con- constitute genocide in July 2004, and the elections took place in 1994, large numbers of tinued to escalate. The U.S. Government must Bush administration reached the same conclu- American States, counties, cities, and univer- cut ties with a government that fails to address sion in September 2004. sities had adopted divestment policies. the genocide within its own boundaries. The And yet, three years later, the humanitarian Similarly, divestment has become an in- Government of Sudan has not put any action situation in Darfur continues to decline. As at- creasingly popular option in the current case to disarm the Janjaweed militia and is there- tacks on international aid organizations con- of genocide in Sudan. I am proud that my fore equally responsible for the human rights tinue to mount, the numbers of humanitarian home State of Texas is one of the growing violations against Darfurians. relief workers active in the area are sharply numbers of States, cities, and universities to An estimated 450,000 people have been declining. During the first three months of approve divestment. At last count, 9 cities, 16 killed, and 2 million people have been dis- 2007, 21 humanitarian vehicles were hijacked, States and 54 universities had passed legisla- placed—234,000 of which have been forced 15 additional vehicles were looted, and gun- tion to ensure that their money does not go to into neighboring Chad. Janjaweed soldiers men raided 6 humanitarian compounds. In the finance the slaughter of innocent people in continue to ride into villages stealing whatever 12 months preceding April 2007, the number Darfur. In addition, numerous religious organi- goods they can find, slaughtering men, of humanitarian relief workers in Darfur de- zations, as well as countless individuals, have women, and children along the way. These creased by 16 percent, largely due to security divested. Since the Sudan divestment move- soldiers systematically rape women and chil- concerns, restriction on access, and funding ment began, companies including HC Heli- dren, holding some as sex slaves for weeks at limitations. The flow of humanitarian aid has copter, ABB, Siemens, Rolls Royce, and a time before releasing them. been severely threatened by the escalating vi- Schlumberger have halted or significantly al- Colleagues, we are in a position to help olence in the region. tered their operations in Sudan. stop the carnage in Darfur. We must continue Divestment is one solid and easy way that Divestment represents the leverage that or- to pressure the Government of Sudan to stop individuals, organizations, businesses, univer- dinary citizens and individual activists, as well the massacre in Darfur. Enforcing economic

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\K30JY7.053 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8853 sanctions is a way to achieve this goal. I urge have made their voices heard on this issue We send a clear message that we will not you all, for the sake of humanity, to support vowing never again to remain silent when hu- forget the people of Darfur. the Darfur Accountability and Divestment Act. manity is threatened. From small groups like ‘‘Dear Sudan, Love We are not blind to the truth and we have a A few months ago, an event was held in my Petaluma’’ in my hometown to larger relief or- responsibility to do our part to alleviate this congressional district regarding this issue. ganizations like UNICEF, we are committed to awful tragedy. During the event it was noted that according peace and to a future of hope. Mrs. CHRISTENSEN. Mr. Speaker, I rise in to www.darfurscores.com I was receiving a Mr. SMITH of New Jersey. Mr. Speaker, as support of H.R. 180, the Darfur Accountability grade of ‘‘C’’ in my support of ending the a cosponsor of H.R. 180, The Darfur Account- and Divestment Act of 2007. genocide in Darfur. While it may appear on I am proud to be a cosponsor of this impor- ability and Divestment Act, I am pleased to the surface that I have not been supportive of see this bill brought before the full House and tant and timely legislation to authorize States these efforts, it is important that you know I to divest from companies in Sudan, and to I urge all our colleagues to vote for its final am in total support of ending the genocide in passage. prohibit new federal contracts with companies Darfur. doing business with the genocidal regime in I along with many of my Congressional The Darfur Accountability and Divestment Khartoum. Current estimates indicate that as Black Caucus colleagues including DONALD Act is an important part of our ongoing efforts many as 450,000 people have been killed and PAYNE and BARBARA LEE were some of the here in Congress to influence, pressure and over 2.5 million have been displaced due to first members of Congress to speak out about alter the conduct of the Sudanese regime, the the ongoing genocide in the Darfur region of this issue. During the last Congress, we spe- government complicit in the genocide being Sudan. The security situation on the ground is cifically addressed this issue with President perpetrated and abetted in Darfur. The deaths continuing to deteriorate and the violence is George W. Bush in a meeting asking him to of 450,000 innocent women, men and children spreading to surrounding countries. take immediate action. Additionally, I have co- and the displacement of 2 million others de- As a member of the CBC and an African sponsored and voted in favor of legislation as mand nothing less. American, I joined my colleagues in support of far back as the 108th Congress regarding this H.R. 180 comes amidst recent reports of H. Res. 333, in the last Congress, to des- issue. Some of the bills I have supported in- additional population displacements of about ignate the weekend of July 15–17 as a Na- cluded a bill for the appointment of a Presi- 12,000 households in West Darfur. Those who tional Weekend of Prayer and Reconciliation dential Special Envoy for Sudan and to pro- are fleeing express fears of attacks by Suda- for Darfur. The tragic and unforgivable/unfor- hibit companies that conduct business oper- nese government forces in addition to general giving genocide occurring in Darfur is as sig- ations in Sudan from receiving government insecurity in that area. nificant as acts of terrorism on which we are contracts. Most recently, I voted in favor of Despite the Sudanese government’s an- more focused. Over a million people, driven legislation calling on the League of Arab nouncement that it will accept a proposed hy- from their homes, now face death from starva- States and each Member State to acknowl- brid UN-African Union peacekeeping operation tion and diseases as the Government and mili- edge the Darfur genocide as well as signed in Darfur, it will take far more action on the tias attempt to prevent humanitarian aid from onto a letter to the China government asking part of the Bashir regime to convince me—and reaching them. These acts of genocide, civil them to use their significant economic influ- I am certain my other colleagues here in the terrorism, and inhumanity must stop! And the ence with the Government of Sudan to end House as well—that it is finally succumbing to legislation we are considering today will go a these crimes against humanity. the world’s outcry for peace. Withdrawing long way in achieving this result. The Darfur Accountability and Divestment While I understand that there may be some American investments, both public and private, Act of 2007 requires the Secretary of the gaps on paper with regard to my record on from Sudan will help to ensure that we get Treasury to create a list of companies who this issue, trust that my support for ending the that government’s attention. have a direct investment in or are conducting genocide in Darfur has been unwavering. It is On August 1, 2005, my home State of New business operations in Sudan’s power, min- my hope that I will be able to work with the Jersey became the first State to divest from eral, oil, or military equipment industries. The people of the 11th Congressional District and Sudan. Earlier that year, Representative DON list will be published in the Federal Register across this country to continue to let our PAYNE and I had sent a joint letter to State six months after enactment, and every six voices heard on this issue. I encourage my leaders encouraging this action. Our NJ law months thereafter. constituents to contact me with your ideas and directs the State Treasury to divest State pen- Many of our constituents are standing up resources so we can continue to fight this in- sion funds from foreign companies doing busi- and demanding that their hard earned money justice against humanity. ness with Sudan until the Sudanese govern- not be used to support a pariah government Ms. WOOLSEY. Mr. Speaker, I rise today in ment stops the genocide that is ravaging that that is killing its own people. In passing H.R. support of H.R. 180, the Darfur Accountability country. Eighteen other States have since fol- 180 today we will be doing our part help pro- and Divestment Act of 2007. Congresswoman lowed New Jersey’s lead and have adopted tect the Sudan divestment movement at the LEE and Congressman PAYNE are to be com- divestment policies. State level and to help it continue to grow. mended for their continued dedication to the Mr. Speaker, as the Chairman of the Sub- I urge my colleagues to support passage of people of Africa—and to the people of Darfur committee on Africa, Global Human Rights this bill. in particular. and International Operations, I advocated It was September 2004—almost three years Mrs. JONES of Ohio. Mr. Speaker, I rise forcefully for divestment provisions in the ago—when then Secretary of State Colin Pow- today in support of H.R. 180, the Darfur Ac- Darfur Peace and Accountability Act of 2006. ell declared that the situation in Darfur could countability and Divestment Act of 2007 of Unfortunately, the Senate removed those pro- be described in no other way than ‘‘genocide.’’ which I am a co-sponsor. visions prior to final passage of the bill. I am Three years ago last week, Congress for- And yet today, millions of people have been pleased that H.R. 180 revisits the divestiture mally declared that genocide was taking place run off of their homeland. Children who should issue and builds on those initial efforts in sev- in Darfur. For many years now we have seen be in school, learning, are forced into armies. eral important ways. the devastating atrocities taking place in the Women are raped and brutalized daily. Ref- Darfur region of Sudan. With the support of ugee camps are overrun. For many, the situa- H.R. 180 requires that the Secretary of the the Sudanese Government, the Janjaweed mi- tion seems hopeless. Treasury publish every six months a list of litia has ravaged the people of Darfur, raping, World leaders take the stage day after day companies that have a direct investment or torturing, murdering, and forcing hundreds of talking—calling for an end to violence. Enough are conducting business operations in Sudan’s thousand of Darfuris to flee to refugee camps talking. It is clear the government of Sudan power, mineral, oil or military equipment indus- in neighboring Chad and the Central African will not listen. Maybe the only way they will lis- tries. The bill excludes several important cat- Republic. ten is to hit them in their pocket book—and egories of companies, including those that are It is time that we begin to put in place legis- that is exactly what we will do today. dealing directly with the government of south- lation that will end this genocide. This legisla- This bill will identify which companies are ern Sudan or that are helping the marginalized tion supports state, city, and university efforts conducting business in Sudan—some would populations. to divest funds from, or restrict investments in, say at the expense of the Darfur people. Once Companies that are on the Treasury list will companies that conduct business operations these companies are identified, the U.S. Gov- not be able to enter into or renew contracts in Sudan. This is a positive first step in achiev- ernment will be prohibited from doing business with the United States Government. State and ing this goal. with them. If the Sudanese Government won’t local governments may also authorize prohibi- We saw the same devastation in Rwanda listen to reason, maybe they will listen to the tions for those governments to enter into or over a decade ago, and the American people sound of quiet cash registers. renew contracts with these companies. The

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\A30JY7.105 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8854 CONGRESSIONAL RECORD — HOUSE July 30, 2007 bill further authorizes State and local govern- ered as well. Forcing American workers to di- must continue to do more, and we must urge ments to divest based either on this list cre- vest from companies which may only be tan- the international community to join with us to ated by the Treasury or on a list that they cre- gentially related to supporting the Sudanese bring an end to the genocide. Mr. Speaker, I ate on their own, without risking a lawsuit by government could have serious economic re- look forward to continuing to work with my col- doing so. percussions which need to be taken into ac- leagues to bring an end to this international Perhaps most importantly, H.R. 180 pro- count. crisis. vides a safe harbor for mutual and pension Mr. GOODLATTE. Mr. Speaker, earlier this Mr. HOYER. Mr. Speaker, the United States funds by allowing them to divest from compa- year, I had the opportunity to travel as part of has many tools in its national security arsenal. nies on the Treasury list without risk of a law- a bipartisan Congressional Delegation to the And one that is too often overlooked and suit alleging that they are failing to invest in a war-torn nation of Sudan and see first-hand under-utilized—despite the fact that it works— manner that brings about the highest yield. All one of the worst humanitarian crises in recent is economic leverage. of these measures will provide the practical times. As a nation dedicated to freedom and Today, it is long past time that the United and legal foundation for our country to do the rights of the individual, the United States States—and the international community— what is in our national tradition—to place the has a responsibility to speak out when those exert maximum pressure on the Sudanese dignity of the human person and the well- rights are violated, whether at home or government to stop the suffering in Darfur, being of our brothers and sisters, regardless abroad. where an estimated 200,000 to 400,000 civil- of where they live or their national or ethnic Last week I traveled with the same bipar- ians have been slaughtered and 2.5 million identity, above financial and commercial inter- tisan delegation to the United Nations (U.N.) more have been driven from their homes. ests. to press U.N. Secretary-General Ban Ki-moon The United Nations has identified the situa- Promoting fundamental human rights and for immediate U.N. action in Darfur. It is ap- tion in Darfur as the worst humanitarian and removing financial support from those who parent that the U.N. is not moving fast enough human rights crisis in the world today. The subsidize an abusive regime in Darfur is clear- in ending this genocide. The entire world is United States has labeled the killings there as ly in the best interests of the Sudanese people watching the U.N. actions in Darfur. In the genocide. as well as our U.S. foreign policy. I urge my past, the U.N. has not adequately handled We must not turn a blind eye to this horrific colleagues to support The Darfur Account- genocide in other countries, most recently in human suffering, which shocks our collective ability and Divestment Act. Rwanda, but this is an opportunity for the U.N. conscience. Thus, the United States must lead Mr. PAUL. Mr. Speaker, H.R. 180 is pre- to aid millions of people and bring about a real the international community in turning up the mised on the assumption that. divestment, and lasting change. pressure on the Sudanese government sanctions, and other punitive measures are ef- Many people share frustration with me that through an effective divestment campaign fective in influencing repressive regimes, when the U.N. is not more effectively working to end similar to the one employed against South Af- in fact nothing could be further from the truth. the genocide in Darfur. These people, who, rica three decades ago. Proponents of such methods fail to remember like me, are deeply concerned and troubled by The Darfur Accountability and Divestment that where goods cannot cross borders, troops the deplorable situation in Darfur, want to Act—introduced by a leader on this important will. Sanctions against Cuba, Iraq, and numer- know what we can do to make a change in issue, Congresswoman LEE—seeks to utilize ous other countries failed to topple their gov- Darfur. targeted divestment to exert further pressure ernments. Rather than weakening dictators, This legislation gives us the tools to apply on the Bashir government in Khartoum. these sanctions strengthened their hold on economic leverage against Sudan to encour- This legislation requires the Treasury Sec- power and led to more suffering on the part of age them to end the crisis in Darfur. H.R. 180, retary to establish a list of companies whose the Cuban and Iraqi people. To the extent that The Darfur Accountability and Divestment Act business activities in Sudan directly support divestment effected change in South Africa, it establishes a list of companies whose busi- the genocidal practices of the Bashir regime in was brought about by private individuals work- ness in Sudan is deemed to directly or indi- Khartoum. The measure also authorizes State ing through the market to influence others. rectly support the genocide. Furthermore this and local governments which choose to divest No one denies that the humanitarian situa- legislation bans federal contracts with such their pension fund holdings from companies tion in Darfur is dire, but the United States companies. This ensures that no federal dol- on the list, and it contains ‘‘safe harbor’’ provi- Government has no business entangling itself lars—hard earned tax dollars of American sions for managers of mutual funds and cor- in this situation, nor in forcing divestment on families—go to support one of the worst hu- porate pension managers who choose to do unwilling parties. Any further divestment action manitarian crises in recent history. the same even though their charters may should be undertaken through voluntary Private citizens can also look at the list of mandate that they seek to maximize gains. means and not by government fiat. companies whose business supports the Furthermore, the bill would ban U.S. Gov- H.R. 180 is an interventionist piece of legis- genocide, and use this list to make investment ernment procurement contracts with compa- lation which will extend the power of the Fed- decisions in their private lives. These people nies on the Treasury list and authorizes the eral Government over American businesses, can then be assured that none of their money, prohibition of these types of contracts at the force this country into yet another foreign pol- whether through tax dollars or personal invest- State and local level. icy debacle, and do nothing to alleviate the ments, is being used to support the genocide The fact is, while the United States currently suffering of the residents of Darfur. By allow- in Darfur. prohibits companies from conducting business ing State and local governments to label pen- Many States, including Virginia, have also operations in Sudan, millions of Americans are sion and retirement funds as State assets, the looked at legislation to divest from these com- inadvertently supporting Bashir’s government Federal Government is giving the go-ahead for panies. H.R. 180 allows States and localities by investing in foreign companies that conduct State and local governments to play politics to divest from these companies without fear of business operations there. with the savings upon which millions of Ameri- lawsuits charging that States are regulating According to the Sudan Divestment Task cans depend for security in their old age. The foreign policy. This will protect several States Force, the Khartoum regime ‘‘relies heavily on safe harbor provision opens another dan- that have already taken the lead in divesting foreign investment to fund its military and the gerous loophole, allowing fund managers to in such companies, and States like mine that brutal militias seeking to eliminate the non- escape responsibility for any potential financial are still considering this option on a State level Arab population of Darfur.’’ In fact, it is esti- mismanagement, and it sets a dangerous will know they can do so without fear of legal mated that as much as 70 to 80 percent of oil precedent. Would the Congress offer the charges. revenue in Sudan is funneled directly into the same safe harbor provision to fund managers This legislation is fairly balanced and does military. who wish to divest from firms offering fatty not require individuals or States to take action, Given our experience in South Africa, we foods, growing tobacco, or doing business in but protects them if they so choose. Further- know that increasing economic pressure Europe? more this legislation would sunset these sanc- through targeted divestment can work. We This bill would fail in its aim of influencing tions when the genocide ends. I am proud to have been talking with the Bashir government the Government of the Sudan, and would like- be a cosponsor of this legislation, and I urge for years now—with little effect. It is time to le- ly result in the exact opposite of its intended my colleagues to vote in favor of this bill. verage our dollars in an attempt to stop the effects. The regime in Khartoum would see no While I have never seen anything like what suffering in Darfur. loss of oil revenues, and the civil conflict will I saw in Darfur, the situation is not completely Ms. WATERS. Mr. Speaker, I strongly sup- eventually flare up again. The unintended con- hopeless. The humanitarian assistance the port H.R. 180, the Darfur Accountability and sequences of this bill on American workers, in- United States is providing is helping millions of Divestment Act. I am proud to be a cosponsor vestors, and companies need to be consid- people in desperate circumstances. But we of H.R. 180 and a member of the Financial

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\A30JY7.109 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8855 Services Committee, which passed this bill (H.R. 2347) to authorize State and local means for Iran’s activities in these areas, last week. governments to direct divestiture and many United States persons have un- The ongoing genocide in the Darfur region from, and prevent investment in, com- knowingly invested in those same foreign of Sudan already is believed to have caused panies with investments of $20,000,000 persons. the deaths of almost half a million people. (9) There is an increasing interest by or more in Iran’s energy sector, and for States, local governments, educational insti- More than 200,000 people have been killed by other purposes, as amended. tutions, and private institutions to seek to Sudanese government forces and armed mili- The Clerk read the title of the bill. disassociate themselves from companies that tias since 2003, and another 200,000 people The text of the bill is as follows: directly or indirectly support the Govern- have died as a result of the deliberate destruc- H.R. 2347 ment of Iran’s efforts to achieve a nuclear tion of homes, crops and water supplies and Be it enacted by the Senate and House of Rep- weapons capability. the resulting conditions of famine and disease. resentatives of the United States of America in (10) Policy makers and fund managers may More than 2.5 million people have been dis- Congress assembled, find moral, prudential, or reputational rea- placed. SECTION 1. SHORT TITLE. sons to divest from companies that accept According to a recent United Nations report, This Act may be cited as the ‘‘Iran Sanc- the business risk of operating in countries tions Enabling Act of 2007’’. that are subject to international economic attacks against humanitarian aid workers have sanctions or that have business relationships increased 150 percent in the past year. There SEC. 2. FINDINGS. The Congress finds as follows: with countries, governments, or entities are currently 13,000 humanitarian aid workers (1) The Convention on the Prevention and with which any United States company in Darfur, providing aid to more than 4 million Punishment of the Crime of Genocide, com- would be prohibited from dealing because of people, and violence limits their ability to pleted at Paris, December 9, 1948 (commonly economic sanctions imposed by the United reach people in need. In June, approximately referred to as the ‘‘Genocide Convention’’) States. one in six humanitarian convoys leaving the defines genocide as, among other things, the SEC. 3. TRANSPARENCY IN CAPITAL MARKETS. act of killing members of a national, ethnic, capitals of Darfur provinces were ambushed (a) LIST OF PERSONS INVESTING IN IRAN EN- racial, or religious group with the intent to by armed groups. About two-thirds of the pop- ERGY SECTOR OR SELLING ARMS TO THE GOV- destroy, in whole or in part, the targeted ulation of Darfur is dependent upon these cou- ERNMENT OF IRAN.— group. In addition, the Genocide Convention (1) PUBLICATION OF LIST.—Not later than 6 rageous aid workers and the aid they bring. also prohibits conspiracy to commit geno- months after the date of the enactment of Early in 2006, I visited the Darfur region cide, as well as ‘‘direct and public incitement this Act and every 6 months thereafter, the with my good friend from California, Speaker to commit genocide’’. President or a designee of the President NANCY PELOSI, and I was deeply disturbed by (2) 133 member states of the United Nations shall, using only publicly available (includ- what I saw. As far as the eyes could see, have ratified the Genocide Convention and ing proprietary) information, ensure publica- thereby pledged to prosecute individuals who there were crowds of displaced people who tion in the Federal Register of a list of each violate the Genocide Convention’s prohibi- had been driven from their homes, living lit- person, whether within or outside of the tion on incitement to commit genocide, as erally on the ground with little tarps just cov- United States, that, as of the date of the well as those individuals who commit geno- ering them. That was over a year ago, and yet publication, has an investment of more than cide directly. $20,000,000 in the energy sector in Iran, sells this genocide has been allowed to continue. (3) On October 27, 2005, at the World With- arms to the Government of Iran, or is a fi- The world stood by and watched the geno- out Zionism Conference in Tehran, Iran, the nancial insitutiton that extends $20,000,000 or cide that occurred in Rwanda. The world has President of Iran, Mahmoud Ahmadinejad, more in credit to the Government of Iran for noted over and over again the atrocities of the called for Israel to be ‘‘wiped off the map,’’ 45 days or more. To the extent practicable, Holocaust. Yet we cannot seem to get the described Israel as ‘‘a disgraceful blot [on] the list shall include a description of the in- the face of the Islamic world,’’ and declared international community to move fast enough vestment made by each such person, includ- that ‘‘[a]nybody who recognizes Israel will to stop the genocide that is taking place in ing the dollar value, intended purpose, and burn in the fire of the Islamic nation’s fury.’’ Darfur. status of the investment, as of the date of President Ahmadinejad has subsequently The Darfur Accountability and Divestment the publication. made similar types of comments, and the Act is a concrete proposal to impose sanctions (2) PRIOR NOTICE TO PERSONS.—The Presi- Government of Iran has displayed inflam- dent or a designee of the President shall, at on the Government of Sudan and on corpora- matory symbols that express similar intent. least 30 days before the list is published tions that continue to do business with this (4) On December 23, 2006, the United Na- under paragraph (1), notify each person that genocidal regime. I urge all of my colleagues tions Security Council unanimously ap- the President or the designee, as the case to support this bill, and I hope that it will be proved Resolution 1737, which bans the sup- may be, intends to include on the list. ply of nuclear technology and equipment to enacted and implemented in time to save (3) DELAY IN INCLUDING PERSONS ON THE Iran and freezes the assets of certain organi- lives, allow humanitarian aid to continue, and LIST.—After notifying a person under para- zations and individuals involved in Iran’s nu- force the Government of Sudan to stop this graph (2), the the President or a designee of clear program, until Iran suspends its en- genocide. the President may delay including that per- richment of uranium, as verified by the Mr. GARRETT of New Jersey. Mr. son on the list for up to 60 days if the Presi- International Atomic Energy Agency. dent or the designee determines and certifies Speaker, I yield back the balance of (5) Following Iran’s failure to comply with to the Congress that the person has taken my time. Resolution 1737, on March 24, 2007, the United specific and effective actions to terminate The SPEAKER pro tempore. The Nations Security Council unanimously ap- the involvement of the person in the activi- question is on the motion offered by proved Resolution 1747, to tighten sanctions ties that resulted in the notification under the gentleman from Massachusetts on Iran, imposing a ban on arms sales and paragraph (2). RANK expanding the freeze on assets, in response to (Mr. F ) that the House suspend (4) REMOVAL OF PERSONS FROM THE LIST.— the country’s uranium-enrichment activi- the rules and pass the bill, H.R. 180, as The President or a designee of the President ties. amended. may remove a person from the list before the (6) There are now signs of domestic dis- The question was taken. next publication of the list under paragraph content within Iran, and targeted financial The SPEAKER pro tempore. In the (1) if the President or the designee deter- and economic measures could produce fur- mines that the person does not have an in- opinion of the Chair, two-thirds being ther political pressure within Iran. Accord- vestment of more than $20,000,000 in the en- in the affirmative, the ayes have it. ing to the Economist Intelligence Unit, the ergy sector in Iran, does not sell arms to the Mr. FRANK of Massachusetts. Mr. nuclear crisis ‘‘is imposing a heavy oppor- Government of Iran, and is not a financial Speaker, on that I demand the yeas tunity cost on Iran’s economic development, insitutiton that extends $20,000,000 or more and nays. slowing down investment in the oil, gas, and in credit to the Government of Iran for 45 The yeas and nays were ordered. petrochemical sectors, as well as in critical days or more. The SPEAKER pro tempore. Pursu- infrastructure projects, including elec- ant to clause 8 of rule XX and the tricity’’. (b) PUBLICATION ON WEBSITE.—The Presi- Chair’s prior announcement, further (7) Targeted financial measures represent dent or a designee of the President shall en- one of the strongest non-military tools avail- sure that the list is published on an appro- proceedings on this motion will be priate government website, updating the list postponed. able to convince Tehran that it can no longer afford to engage in dangerous, desta- as necessary to take into account any person f bilizing activities such as its nuclear weap- removed from the list under subsection (a)(4). IRAN SANCTIONS ENABLING ACT ons program and its support for terrorism. OF 2007 (8) Foreign persons that have invested in (c) DEFINITION.—In this section, the term Iran’s energy sector, despite Iran’s support ‘‘investment’’ has the meaning given that Mr. SHERMAN. Mr. Speaker, I move of international terrorism and its nuclear term in section 14(9) of the Iran Sanctions to suspend the rules and pass the bill program, have provided additional financial Act (50 U.S.C. 1701 App.).

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.091 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8856 CONGRESSIONAL RECORD — HOUSE July 30, 2007 SEC. 4. AUTHORITY OF STATE AND LOCAL GOV- amended by adding at the end the following have 5 legislative days to revise and ex- ERNMENTS TO DIVEST FROM CER- new subsection: tend their remarks and include extra- TAIN COMPANIES INVESTED IN ‘‘(n) No person shall be treated as breach- IRAN’S ENERGY SECTOR. neous materials on the bill under con- ing any of the responsibilities, obligations, sideration. (a) STATEMENT OF POLICY.—It is the policy or duties imposed upon fiduciaries by this of the United States to support the decision title, and no action may be brought under The SPEAKER pro tempore. Is there of State governments, local governments, this section against any person, for divesting objection to the request of the gen- and educational institutions to divest from, plan assets from, or avoiding investing plan tleman from California? and to prohibit the investment of assets they assets in, persons that are included on the There was no objection. control in, persons that have investments of most recent list published under section Mr. SHERMAN. Mr. Speaker, I yield more than $20,000,000 in Iran’s energy sector, 3(a)(1) of the Iran Sanctions Enabling Act, as myself so much time as I may con- persons that sell arms to the Government of modified under section 3(a)(4) of such Act.’’. Iran, and financial insitutitons that extend sume. $20,000,000 or more in credit to the Govern- SEC. 7. RULE OF INTERPRETATION. Mr. Speaker, at Natans, the cen- ment of Iran for 45 days or more. Nothing in this Act shall be interpreted to trifuges are turning. Iran is perhaps (b) AUTHORITY TO DIVEST.— limit the authority of any person to divest, half a decade away from a nuclear or avoid investment in, any asset, or to (1) IN GENERAL.—Notwithstanding any weapon. Iran, however, is not without other provision of law, a State or local gov- adopt or enforce any measure to do so. its Achilles heels. The mullahs have ernment may adopt and enforce measures to SEC. 8. DEFINITIONS. mismanaged the economy to the point In this Act: divest the assets of the State or local gov- where they are rationing gasoline in ernment from, or prohibit investment of the (1) IRAN.—the term ‘‘Iran’’ includes any assets of the State or local government in— agency or instrumentality of Iran. Tehran. Iran has a vibrant political (A) persons that are included on the list (2) ENERGY SECTOR.—The term ‘‘energy sec- culture in which the behavior of the most recently published under section tor’’ refers to activities to develop petroleum elites and the behavior of the people 3(a)(1), as modified under section 3(a)(4); or natural gas resources, or nuclear power. can indeed be influenced by outside in- (B) persons that sell arms to the Govern- (3) PERSON.—The term ‘‘person’’ means— formation. The key is to be able to ment of Iran; (A) a natural person as well as a corpora- broadcast into Iran on RadioFarda a (C) financial insitutitons that extend tion, business association, partnership, soci- message. That message is that Iran ety, trust, any other nongovernmental enti- $20,000,000 or more in credit to the Govern- will be diplomatically and economi- ment of Iran for 45 days or more; and ty, organization, or group; (D) persons that are included on any list of (B) any governmental entity or instrumen- cally isolated around the world, and es- entities with investments in Iran, entities tality of a government, including a multilat- pecially from the United States, unless doing business in Iran, or entities doing busi- eral development institution (as defined in it drops its nuclear weapons program. ness with the Government of Iran, which is section 1701(c)(3) of the International Finan- The problem is, I can’t lie that well in issued pursuant to a law that— cial Institutions Act); and Farsi. The fact is we have not yet (i) authorizes a State or local government (C) any successor, subunit, or subsidiary of begun to use the economic and diplo- to divest from, or prohibits a State or local any entity described in subparagraph (A) or matic levers available to the United (B). government from investing assets in, the States. And it is not yet true that persons; and (4) STATE.—The term ‘‘State’’ includes the (ii) is enacted by a State or local govern- District of Columbia, the Commonwealth of Iran’s nuclear program subjects it to ment on or before the first publication of a Puerto Rico, the United States Virgin Is- the possibility of economic and diplo- list under section 3. lands, Guam, American Samoa, and the Com- matic isolation. (2) DEFINITIONS.—In this subsection: monwealth of the Northern Mariana Islands. The bad news, Mr. Speaker, is that (A) INVESTMENT.—The ‘‘investment’’ of as- (5) STATE OR LOCAL GOVERNMENT.— we have not had the political will to sets includes— (A) IN GENERAL.—The term ‘‘State or local reach into our economic and diplo- (i) a commitment or contribution of assets; government’’ includes— matic tool box. The good news is we’ve and (i) any State and any agency or instrumen- still got a lot of tools lying there in the tality thereof; (ii) a loan or other extension of credit of tool box. One of the best is divestiture. assets. (ii) any local government within a State, (B) ASSETS.—The term ‘‘assets’’ refers to and any agency or instrumentality thereof; Divestiture needs to be part of a bigger public monies and includes any pension, re- (iii) any other governmental instrumen- economic and diplomatic strategy to tirement, annuity, or endowment fund, or tality; and isolate the government in Tehran. If similar instrument, that is controlled, di- (iv) any public institution of higher edu- we can dry up, however, Iran’s access rectly or indirectly, by a State or local gov- cation. to foreign investment, if we can sever ernment. (B) PUBLIC INSTITUTION OF HIGHER EDU- the ties between the multinational cor- (c) PREEMPTION.—A measure of a State or CATION.—The term ‘‘public institution of porations and the government of Iran, local government that is authorized by sub- higher education’’ means a public institution section (b) is not preempted by any Federal of higher education within the meaning of we may be able to increase the cost of law or regulation. the Higher Education Act of 1965. Iran’s behavior and put enough pres- SEC. 5. SAFE HARBOR FOR CHANGES OF INVEST- SEC. 9. SUNSET. sure on that regime so either it de- MENT POLICIES BY MUTUAL FUNDS. This Act shall terminate 30 days after the cides, or its people insist, that it aban- Section 13 of the Investment Company Act date on which the President has certified to don its nuclear program. of 1940 (15 U.S.C. 80a–13) is amended by add- Congress that— Now, the key is to change the behav- ing at the end the following new subsection: (1) the Government of Iran has ceased pro- ior of these multinational corpora- ‘‘(c) SAFE HARBOR FOR CHANGES IN INVEST- viding support for acts of international ter- tions, and the best way to do that is MENT POLICIES.—Notwithstanding any other rorism and no longer satisfies the require- provision of Federal or State law, no person with American policies that make ments for designation as a state-sponsor of them choose between the benefits of may bring any civil, criminal, or administra- terrorism for purposes of section 6(j) of the tive action against any registered invest- Export Administration Act of 1979, section doing business with the American peo- ment company or person providing services 620A of the Foreign Assistance Act of 1961, ple, American investors on the one to such registered investment company (in- section 40 of the Arms Export Control Act, or hand, and the so-called benefits they cluding its investment adviser), or any em- any other provision of law; and might get from doing business with ployee, officer, or director thereof, based (2) Iran has ceased the pursuit, acquisition, Tehran on the other. solely upon the investment company divest- and development of nuclear, biological, and So what does this bill do to begin and ing from, or avoiding investing in, securities chemical weapons and ballistic missiles and continue the divestment process? The issued by companies that are included on the ballistic missile launch technology. most recent list published under section bill mandates nothing except for the 3(a)(1) of the Iran Sanctions Enabling Act of The SPEAKER pro tempore. Pursu- creation of a list by the administra- 2007, as modified under section 3(b) of that ant to the rule, the gentleman from tion, which I will get to in just a sec- Act. For purposes of this subsection the term California (Mr. SHERMAN) and the gen- ond. It provides a clear authorization ‘person’ shall include the Federal govern- tleman from New Jersey (Mr. GARRETT) from Congress for States to divest from ment, and any State or political subdivision each will control 20 minutes. companies conducting the certain iden- of a State.’’. The Chair recognizes the gentleman tified activities in Iran, and it would SEC. 6. SAFE HARBOR FOR CHANGES OF INVEST- from California. shield both private pension plan man- MENT POLICIES BY EMPLOYEE BEN- EFIT PLANS. GENERAL LEAVE agers, mutual funds and public sector Section 502 of the Employee Retirement Mr. SHERMAN. Mr. Speaker, I ask pension plan managers from harassing Income Security Act of 1974 (29 U.S.C. 1132) is unanimous consent that all Members lawsuits should they decide on their

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.078 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8857 own initiative to divest from those They know that. It is a conscious act. When this bill becomes law, as I hope it companies carrying out certain activi- No one is going to be trapped. will be, and its companion bill, that ar- ties in Iran. In doing so, this bill So the gentleman is making a very gument won’t be able to be made at all. sweeps away an excuse from those in- important point, and we want to be I agree with the gentleman from vestment managers who, up until now, very clear. We will be expecting the ad- California. I don’t think it’s a good ar- haven’t wanted to be bothered to di- ministration, in preparing this list, to gument now. But we do want to make vest, even though their beneficiaries use the same kind of economic analysis clear, in absolutely nailing this down, are demanding it. we would use in any other case. If an we in no way want to give any support This bill also provides some stand- activity, a purchase, an investment, a to the argument that, in the absence of ards. I mentioned this in the discussion loan, any financial activity is contrib- this bill, the authority isn’t there. So I of the Sudan bill. First, people want to uting to the financial enhancement of thank the gentleman for once again know what activities should cause the Iranian Government, then it trig- helping us be very clear about what them to divest. Now, I have more than gers, we would believe, this bill. we’re doing. sympathy with those who say one Mr. SHERMAN. I thank the gen- Mr. SHERMAN. I thank the gen- penny of activity, sell one candy bar in tleman and agree with him completely. tleman and agree with him completely. Tehran and I don’t want my money in- This bill is designed to cause the list I believe that divestment is already vested in your company. That’s a pur- prepared by the administration to in- clearly authorized in the terms of the ist approach. That’s an approach some clude those who invest in bonds issued fiduciary trying to meet their fiduciary may choose to take. I think the better by the Government of Iran. obligation. Investing in terror is bad harnessing of America’s economic I should point out that in identifying business for States. I don’t think they power and the power of individual in- the three activities that are going to have an obligation to, in making their own investment policy, to conform to vestors, individual decisionmakers, cause multinational corporations to be some Federal foreign policy. But if pension plans, mutual funds, et cetera, listed, that we are paralleling what we they do, Federal foreign policy for a is to focus on three activities, and that did just last week when this Congress long time has been very clear: don’t in- is what this bill does. passed the bill dealing with the Over- vest in Iran. That’s why we’ve had the It requires that 6 months after enact- seas Private Investment Corporation, Iran-Libya Sanctions Act, now the Iran ment, the U.S. Government, the admin- which also focused on pretty much the same standards and said those multi- Sanctions Act for quite some time. istration, probably the Treasury De- So this bill will eliminate an excuse national corporations engaged in those partment but whichever department is for those who do not want to, that have activities with the Government of Iran identified by the President, produce a not yet, divested. It will provide a safe would not be able to be partners of list of those international corporations harbor, and it will provide guidance for OPIC in its activities around the world. that engage in any one of these three those who want to use their invest- Now, the bill also provides that any activities. The first is to invest $20 mil- ments to get multinational corpora- State statute enacted prior to the pub- lion in the energy sector of Iran. That tions to take the actions that will be lication of the first list of firms by the is a standard we have adhered to for a most effective. long time since the adoption of what administration would be grand- It provides a list of companies not to was then called the Iran and Libya fathered. States do not have to wait invest in, and it provides a standard to Sanctions Act, now the Iran Sanctions and should not wait for the publication define what particularly it is we want Act. of this list by the administration. the business community worldwide to States such as Florida, Ohio and b 1330 desist from doing. California, which are proceeding with Ms. JACKSON-LEE of Texas. Will the The second are those firms selling divestment measures, and any other gentleman yield? munitions to the government in States which might consider a divest- Mr. SHERMAN. I’ll yield to the Tehran. And the third are those who ment program need not wait for the gentlelady from Texas (Ms. JACKSON- extend credit of $20 million or more to Federal list, and whatever they choose LEE). the Iranian Government. to do will be grandfathered in this leg- Ms. JACKSON-LEE of Texas. I thank And at this point, let me pause, be- islation. the distinguished gentleman. Let me cause the question arises, what is it to Now, this bill states explicitly what I quickly thank you for your leadership extend credit to the Iranian Govern- think was clearly true of both the and thank the ranking member of our ment when the Iranian Government Sudan bill we just discussed and this Committee on Foreign Affairs, who I issues a long-term bond? bill, and that is it provides a safe har- know is involved in this action. Is it just the company that buys the bor but does not imply that that which And let me applaud the approach. bond or the financial institution that lies outside the safe harbor is somehow That’s what I want to reaffirm. Diplo- buys the bond, or is it directly from forbidden. Section 7 of this bill would matic and economic sanctions have not the Iranian Government, or is it those make it clear that the authorization been used effectively against Iran. And that provide a secondary market by that’s been provided by this bill is just with the more publicized National In- buying those bonds from the original that, a safe harbor, that this bill in no telligence Estimates that indicates purchaser? way implicitly restricts or takes away that terrorism is franchising around Mr. FRANK of Massachusetts. Will whatever authorities the States, the the world, the troubling activities of the gentleman yield? pension managers and mutual funds al- Iran with Iraq and the actions that Mr. SHERMAN. I yield to the gen- ready have. seem to be moving Iran toward nuclear tleman from Massachusetts. Mr. FRANK of Massachusetts. Will creativity, if you will, warrants a Mr. FRANK of Massachusetts. I the gentleman yield? strong statement by the United States. thank the gentleman for making this Mr. SHERMAN. I yield to the gen- And it also is warranted because of the point. The gentleman from California tleman from Massachusetts (Mr. active middle class who wants a demo- is a very careful student of the inter- FRANK). cratic and free Iran. twined legal and economic issues, and Mr. FRANK of Massachusetts. I This is a right way to go. It is a dif- the point he is making now is very im- thank the gentleman once again for ferent approach from a military strike portant. We expect this to be subjected helping clarify a point. Sometimes and the representations of this admin- to a sensible economic analysis; that when we do legislation I wish we had a istration about attacking Iran mili- is, if you are providing real value to clause that we could automatically tarily. The American people want to that government, then you are covered. print out that says ‘‘this bill does not see us act, and I believe that this legis- Clearly, if you have a secondary mar- do what this bill does not do,’’ because lation dealing with a list of those in- ket for bonds, you’ve enhanced the people are forever reading into legisla- vesting and giving guidance to the eco- value of the initial instrument. So peo- tion things that aren’t there. nomic sector is the right direction to ple who support a secondary market We have some people who have take. for a particular instrument are clearly claimed that they do not now have the And I am also grateful that this does investing in the underlying issuer. legal authority to do the divestment. not preempt State law and States that

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.076 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8858 CONGRESSIONAL RECORD — HOUSE July 30, 2007 have already gone further in divest- Fourthly, it permits private invest- As you know, Section 7 of H.R. 2347 amends ment. ment and pension plan managers to di- the Employee Retirement Income Security So I thank the gentleman for yield- vest from companies listed, as the Act of 1974 to provide a safe harbor for ing, and I hope my colleagues will sup- chairman states, without breaching changes of investment policies. I am writing to confirm that this provision falls within port this legislation. their fiduciary responsibilities. Mr. SHERMAN. Mr. Speaker, I re- the jurisdiction of the Committee on Edu- As the committee report herein cation and Labor. serve the balance of my time. notes, companies based in the U.S. are Mr. GARRETT of New Jersey. Mr. Given the importance of moving this bill already barred from doing business forward promptly, I do not intend to object Speaker, I also thank again the distin- with Iran. But these trade investment to its consideration in the House. However, I guished chairman of the committee for sanctions do not extend to foreign com- do so only with the understanding that this bringing this important legislation to panies which operate legally. Foreign procedure should not be construed to preju- the floor. I yield myself such time as I persons that invested in Iran’s energy dice my Committee’s jurisdictional interest may consume. sector, despite Iran’s support of inter- and prerogative in H.R. 2347 or any other similar legislation and will not be considered I rise today in support of H.R. 2347, national terrorism and its nuclear pro- the Iran Sanctions Enabling Act. The as precedent for consideration of matters of gram, have provided additional finan- jurisdictional interest to my Committee in radical hard-line Islamic leadership of cial means for Iran’s activities in these Iran presents one of the most serious the future. The Committee also asks that areas, and many United States persons you support our request to be conferees on threats today to peace and stability have unknowingly invested in those the provisions over which we have jurisdic- throughout the world. First, their same persons. tion during any House-Senate conference. quest to acquire nuclear weapons tech- So Mr. Speaker, in conclusion, it is Sincerely, nology, when you combine that with my hope that by allowing U.S. compa- GEORGE MILLER, comments by the Iranian President nies to divest their financial interests Chairman. such that the Nation of Israel should from any foreign-owned companies COMMITTEE ON FINANCIAL SERVICES be ‘‘wiped off the map,’’ make it clear doing business with Iran, we will con- that the Iranian leadership is unpre- Washington, DC, July 27, 2007. tinue to put that pressure on that rad- dictable and dangerous. Hon. GEORGE MILLER, ical Iranian leadership to end their The Iranian President has gone even Chairman, Committee on Education and Labor farther by speculating that the collat- stated goals of acquiring nuclear weap- Washington, DC. eral damage of attacking Israel with ons and encourage other countries to DEAR CHAIRMAN MILLER: Thank you for nuclear weapons would be worth the bolster their trade and economic re- your recent letter regarding the consider- cost to the Muslim world. So for a re- strictions on Iran as well. ation of H.R. 2347, the Iran Sanctions Ena- So I urge my colleagues to support bling Act of 2007. I agree that the amend- gime that is developing nuclear capa- this small but very important step in ment to the Employee Retirement Income bilities, these are truly extraordinary Security Act of 1974 to provide a safe harbor words, and the world must take notice. reining in this extremist regime. Mr. Speaker, I reserve the balance of for changes of investment policies falls with- The Iranian President and the Aya- in the jurisdiction of the Committee on Edu- my time. tollah’s supreme wish is the destruc- cation and Labor. Mr. SHERMAN. I yield 1 minute to tion of Israel and all of her people. I appreciate your willingness to allow this the gentleman from Massachusetts They have not tried to mask their goal. bill to move forward today; and I agree that They doubt that the Holocaust ever oc- (Mr. FRANK). this procedure in no way diminishes or alters Mr. FRANK of Massachusetts. Mr. curred in the past, and now they’re the jurisdictional interest of the Committee Speaker, again, I want to thank the bi- making plans for the Holocaust of the on Education and Labor. partisan leadership and staff of both Sincerely, future. And there is no doubt about it. committees, because the Foreign Af- BARNEY FRANK, Their fresh Holocaust will stretch far fairs Committee, under the leadership Chairman. beyond the borders of Israel. They will of the gentleman from California and encompass all whom they consider a CONGRESS OF THE UNITED STATES, threat to their values and to their the gentlewoman from Florida, have worked on this. COMMITTEE ON OVERSIGHT AND plans. So to confront Iran now is not GOVERNMENT REFORM, I, in my remarks on the Darfur bill, only in the national interest, it is also Washington, DC, July 27, 2007. really spoke about both bills. Let me in our interest because the U.S. will Hon. BARNEY FRANK, just reiterate, this is a chance for us to surely sometime be a target itself. Chairman, Committee on Financial Services, There is much talk at the U.N. about make very clear the overwhelming op- Washington, DC. preventing wars and genocide, but, un- position, staunch opposition of the DEAR CHAIRMAN FRANK: I am writing to fortunately, there is so too little ac- American people to the nuclear weap- confirm our mutual understanding with re- ons plans of the regime in Iran and spect to the consideration of H.R. 2347, the tion. The world should not ignore these Iran Sanctions Enabling Act of 2007. words now of aggression. Because of other aspects of that regime. And I hope that we will, I’m told it As you know, on May 23, 2007, the Com- the lack of success the U.N. has had in mittee on Financial Services ordered H.R. keeping the nuclear technology out of will be tomorrow, have two over- whelming rollcalls in this House which 2347 reported to the House. The Committee the hands of these radicals, the United on Oversight and Government Reform (Over- States must now take the appropriate will be, in themselves, an expression of sight Committee) appreciates your effort to measures and work directly with all of the American people’s views on both consult regarding those provisions of H.R. our allies to do everything in our the genocide in Darfur and the 2347 that fall within the Oversight Commit- power to prevent Iran from obtaining nuclearization of the Iranian military, tee’s jurisdiction, including matters related those weapons. and that will then be followed by a to the federal workforce. And so that is why I’m here today. I widespread demonstration across this In the interest of expediting consideration country of people’s determination as of H.R. 2347, the Oversight Committee will am pleased with H.R. 2347, for this act not separately consider this legislation. The will do several important measures. Americans that we will do what we can to stop both of those. So I think this is Oversight Committee does so, however, with First, as indicated, it permits, permits, the understanding that this does not preju- not mandates, the divestiture from a very good day for the bipartisan leg- dice the Oversight Committee’s jurisdic- companies with investments of $20 mil- islative process. tional interests and prerogatives regarding lion or more in Iran’s energy sector. I submit the following correspond- this bill or similar legislation. Secondly, it directs the Federal Gov- ence. I respectfully request your support for the ernment to produce a list of such com- COMMITTEE ON EDUCATION AND LABOR, appointment of outside conferees from the panies that qualify for such invest- Washington, DC, July 27, 2007. Oversight Committee should H.R. 2347 or a ment. Hon. BARNEY FRANK, similar Senate bill be considered in con- Thirdly, it authorizes State govern- Chairman, Committee on Financial Services, ference with the Senate. I also request that House of Representatives, Washington, DC. you include our exchange of letters on this ments, local governments and public DEAR MR. CHAIRMAN: I am writing to con- matter in the Financial Services Committee educational institutions to divest even firm our mutual understanding with respect Report on H.R. 2347 or in the Congressional their pension fund assets from compa- to the consideration of H.R. 2347, the Darfur Record during consideration of this legisla- nies on that list. Accountability and Divestment Act. tion on the House floor.

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.078 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8859 Thank you for your attention to these And furthermore, the bill requires funds and other funds under their con- matters. that a list of those companies that trol from any company on the list. Sincerely, have invested $20 million or more be In addition, H.R. 2347 provides safe HENRY A. WAXMAN, published biannually. harbor from litigation by shareholders Chairman. Furthermore, it protects investment for pension fund managers, managers COMMITTEE ON FINANCIAL SERVICES, companies and managers from being of mutual funds, and corporate pension Washington, DC, July 27, 2007. sued for divesting from companies in- funds who divest from companies on Hon. HENRY WAXMAN, cluded in the published list. this list. Chairman, Committee on Oversight and Govern- And although I fully support this When Americans invest, it seems to ment Reform, bill, Mr. Speaker, and I commend me they want to know their dollars are House of Representatives, Washington, DC. Chairman FRANK for his efforts on this not going to prop up the regime in DEAR CHAIRMAN WAXMAN: Thank you for your letter concerning H.R. 2347, the ‘‘Iran critical issue, as well as Mr. SHERMAN, Tehran, a sponsor of terrorism and an Sanctions Enabling Act,’’ which the Com- who’s been a leader on all the bills re- avowed enemy of American interests. mittee on Financial Services has ordered re- lated to Iran, I’m concerned that this By allowing State pension funds and ported. The bill was also referred to the bill merely authorizes divestment from mutual funds to more easily divest Committee on Oversight and Government companies investing in Iran, rather from energy companies doing business Reform. This legislation will be considered than making divestment from those in Iran, this legislation will give inves- by the House shortly. companies mandatory. tors more choice in directing their in- I want to confirm our mutual under- standing with respect to the consideration of b 1345 vestments. this bill, I am pleased that our committees Because I believe military action have reached an agreement regarding mat- H.R. 1357, a bill I introduced earlier against Iran, while not off the table, ters within the jurisdiction of the Oversight this year, along with Minority Whip must be an absolute last resort, it is Committee, specifically those involving the ROY BLUNT, would require divestment critical our government utilize the federal workforce. I appreciate your coopera- of all government pension plans or tools at our disposal including eco- tion in moving the bill to the House floor ex- Thrift Savings Plans. Moreover, H.R. nomic sanctions and a divestment cam- peditiously. I further agree that your deci- 1357 prohibits all future investments of paign to deter the threat Iran poses to sion to not to proceed on this bill will not government and private pension plans. global security. prejudice the Committee on Oversight and I strongly believe that we must in- Government Reform with respect to its pre- Iran is pursuing nuclear capabilities rogatives on this or similar legislation. I crease the pressure aimed at isolating and is one of the world’s most egre- would support your request for conferees in Iran’s extremist regime, and the bill gious exporters of terrorism. The seri- the event of a House-Senate conference. authored by Chairman FRANK is an im- ousness of these facts was made clear I will include this exchange of correspond- portant step toward achieving this when Iran’s President threatened to ence in the Committee report and in the goal, and I commend him for it. ‘‘wipe Israel off the map.’’ Congressional Record during the consider- There are currently, also, Mr. Speak- In addition, last April Ayatollah ation of the bill. Thank you again for your er, multiple measures dealing with put- Khamenei told another of the world’s assistance. ting further pressure on Iran including BARNEY FRANK, worst human rights abusers, Sudan, Chairman. the Iran Counter-Proliferation Act, au- that Iran would gladly transfer nuclear thored by Congressman TOM LANTOS, Mr. GARRETT of New Jersey. I now technology. He stated: ‘‘The Islamic the chairman of our Foreign Affairs yield such time as she may consume to Republic of Iran is prepared to transfer Committee; and we have got to work to the gentlelady from Florida (Ms. ROS- the experience, knowledge, and tech- have those bills passed and build upon LEHTINEN). nology of its scientists.’’ Ms. ROS-LEHTINEN. Mr. Speaker, I them in order to derail the dangerous The bottom line is, in defiance of its also rise in support of the bill before ambitions of Iran. assurances to the contrary, Iran re- us, H.R. 2347, the Iran Sanctions Ena- So I urge my colleagues to support mains committed to a nuclear weapons bling Act, introduced by the distin- this measure. It is part of the effort of program. The United States must be guished chairman of the Financial many of us to prevent U.S. dollars from unequivocal in its rejection of these enabling and facilitating the mur- Services Committee, Mr. BARNEY ambitions and the financial support derous efforts of radical extremists FRANK of Massachusetts. they require. And I’m proud to cosponsor this bill, who intend to destroy us and our allies. Mr. SHERMAN. Mr. Speaker, I ask Mr. Speaker, because it’s based on lan- I thank the gentleman from New Jer- unanimous consent to reclaim my guage that I drafted, and was adopted sey for yielding me the time, and I time. by the House last Congresses past as thank the chairman, Mr. FRANK of The SPEAKER pro tempore. Is there part of the Iran Freedom Support Act. Massachusetts, for this bill. objection to the request of the gen- As all of us have heard from the Mr. SHERMAN. Mr. Speaker, I have tleman from California? great discussions this morning, Iran’s no further requests for time, and I There was no objection. rogue regime has sworn to destroy us, yield back the balance of my time. Mr. SHERMAN. Mr. Speaker, I yield has sworn to destroy Israel, and has Mr. GARRETT of New Jersey. Mr. 2 minutes to the gentlewoman from throughout decades. It’s demonstrated Speaker, I yield such time as he may Texas (Ms. JACKSON-LEE). the will and the capacity to do so. It consume to the gentleman from Con- Ms. JACKSON-LEE of Texas. Mr. has a long record of pursuing nuclear necticut (Mr. SHAYS). Speaker, I thank the distinguished gen- capabilities and of supporting the ex- Mr. SHAYS. Mr. Speaker, I thank the tleman for yielding. treme elements of Islam, including gentleman for yielding and for his And I again want to emphasize that Hamas, Hezbollah and those who kill work on this legislation and the rank- we are taking a monumental step for- and maim Americans in Iraq. ing member of the Foreign Affairs ward in getting America’s foreign pol- In fact, some have reported that Iran Committee for her work, and, clearly, icy on record opposing the actions in is providing the deep-buried IEDs that Chairman BARNEY FRANK and TOM LAN- Iran. I would say almost irresponsible are indeed increasing the carnage in TOS. actions by the government. Iraq. I rise in strong support of H.R. 2347 I wanted to rise and thank Chairman No amount of handholding, no and am grateful to have worked on this FRANK and Mr. SHERMAN, whose leader- amount of dialogue will be able to legislation with Congressman TOM ship on both the Financial Services deter Tehran. LANTOS and BARNEY FRANK as the chief Committee and Foreign Affairs Com- As part of an effort to prevent for- Republican sponsor. mittee is well evident, this commit- eign funds from going to the Iranian This legislation will require the U.S. ment to a free and democratic Iran. regime, the bill before us authorizes Government to publish a list of compa- But I speak to the Iranian commu- State and local governments to direct nies with investments of more than $20 nity here in the United States, who, divestiture and prevent investment in million in Iran’s energy sector and will every day that I see them in my own companies with investment of $20 mil- authorize State and local governments community, want this peaceful and lion or more in Iran’s energy sector. to divest the assets of their pension democratic Iran. We have to join with

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.080 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8860 CONGRESSIONAL RECORD — HOUSE July 30, 2007 them, and I think these sanctions raise The U.S. government immediately understood statements toward the United States and our the ante on the economic divestiture the severity of the situation. This is not just a ally, Israel, even calling in October 2005 for and also the opportunity for diplo- minor diplomatic nuisance—this is a serious Israel to be ‘‘wiped off the map.’’ macy. security threat. The safety of the Iranian peo- Given Iran’s continued hostility and defiance Mr. Speaker, I rise today in strong support ple, the safety of the Middle East, and even of the international community, it is imperative of H.R. 2347, the Iran Sanctions Enabling Act our own security is at risk. I firmly believe that that we use all the tools in our national secu- of 2007. I would like to thank my colleague, we must utilize multilateral diplomatic channels rity arsenal to attempt to change Iran’s behav- Chairman FRANKS, for introducing this impor- to persuade Iran that it is not in its best inter- ior. And, state-level divestment campaigns are tant legislation, as well as for his leadership est to pursue nuclear weapons programs. I an essential way for state officials to prevent on the Financial Services Committee. strongly support economic and diplomatic ef- retirement funds from helping Iran pursue nu- According to the Administration’s ‘‘National forts to reign in Tehran, and I believe that we clear weapons and fund terrorism. Security Strategy’’ document released on can work to resolve this crisis without resorting Although U.S. companies have been barred March 16, 2006, the United States ‘‘may face to the use of force. from directly investing in Iran since 1996, no greater challenge from a single country I strongly support this important legislation, there are investment avenues not covered by than Iran.’’ I find Iran’s support of terrorist or- and I urge my colleagues to do the same. those restrictions. This bill would close some Let me just add, in my final com- ganizations, pursuit of nuclear weapons, and of the loopholes in previous legislation and ex- ments, my support for H.R. 180, and I dismal human rights record to be extremely ecutive orders by prohibiting public pension thank Congresswoman BARBARA LEE worrisome. I have long been an advocate of a funds from investing in foreign companies that and Chairman FRANK for raising to the free, independent, and democratic Iran. I be- do more than $20 million in business in Iran’s level of prominence the importance of lieve in an Iran that holds free elections, fol- oil and gas sector. lows the rule of law, and is home to a vibrant divestiture in Sudan. There is not one day when we are not accounting for the Iran is already struggling with domestic in- civil society; an Iran that is a responsible stability, gas rationing and falling foreign in- member of the community, particularly with re- numbers who die, the numbers who are suffering in Chad, and I want to rise to vestment. This legislation provides a useful spect to the proliferation of nuclear weapons. diplomatic and economic tool to further push An Iran that, unfortunately, we do not see thank my State, the State of Texas, for being one of those States that has ap- Iran toward complying with international pres- today. sure, both to stop its nuclear activities and to This legislation is a very important step be- proved legislation that has divested our State funds from Sudan. cease its sponsorship of terrorist groups. cause it uses diplomacy and economic tools I urge my colleagues to support this bill. effectively. We must not move to join the rep- As I close, let me say as Secretary Mr. LANTOS. Mr. Speaker, I commend the resentation of the Bush Administration to Paulson makes his way to China, I am hoping that he will have on his agenda Chairman of the Financial Services Com- begin another non-declared war. The Presi- the divestiture by China out of Iran mittee, my good friend Congressman BARNEY dent should work diplomatically and economi- and out of Sudan. It is, I believe, an FRANK of Massachusetts, for authoring this cally without provoking war or an offensive at- international embarrassment but, critical piece of legislation, of which I am tack without the constitutional authority. Mr. Speaker, this bipartisan bill authorizes more importantly, lives are being lost. proud to be a principal cosponsor. This bill, And I think it is an important diplo- state and local governments, as well as edu- H.R. 2347 the Iran Sanctions Enabling Act of matic, if you will, crisis that China cational institutions, to divest from companies 2007, is a critical element in a network of ef- continues to support Sudan through its which invest in Iran’s energy sector. Because forts intended to prevent the realization of a energy purchases. I hope that is a dis- estimates indicate that these companies ac- nightmare, a nuclear-armed Iran. cussion, and I ask my colleagues to count for 80 percent of Iran’s hard currency, Several of us in this body have been work- support both bills. ing ceaselessly to achieve—by peaceful they directly allow Iran to fund its illicit nuclear Mr. GARRETT of New Jersey. Mr. weapons program. means—an end to Iran’s quest for nuclear sta- Speaker, I commend the gentleman tus. We have produced several pieces of leg- The Iran Sanctions Enabling Act of 2007 di- and gentlewoman on the other side of rects the Secretary of the Treasury to publish islation to achieve that end. The goal of all of the aisle for their efforts on this legis- this legislation is to deprive Iran, insofar as biannually in the Federal Register a list of lation. each person, whether within or outside of the possible, of the benefit of its cash-cow, oil Mr. HOYER. Mr. Speaker, I strongly support sales. And the means of doing this is to deter United States, that has an investment of more this legislation, the Iran Sanctions Enabling than $20 million in the energy sector in Iran foreign investment in Iran’s energy industry. Act of 2007 (H.R. 2347), which would author- Mr. Speaker, the primary purpose of this bill, and to maintain on the Web site of the Depart- ize state and local governments to direct di- ment of the Treasury the names of the per- H.R. 2347, is to allow state and local govern- vestiture from and prevent investment in enti- ments to contribute to this effort by divesting sons on such list. It shields any registered in- ties with investments of $20 million or more in vestment company from civil, criminal, or ad- their pension plans of any foreign entity that Iran’s energy sector. invests in Iran. This legislation does not re- ministrative action based upon its divesting As Iran continues to pursue its nuclear quire them to divest, but it would certainly from, or avoiding investing in, securities issued agenda—in defiance of UN sanctions and seem to be a wise course for them to choose, by companies included on such most recent international pressure—the United States must since foreign entities that invest in Iran’s en- list. leverage not only its diplomatic resources but ergy industry are subject to U.S. sanctions Additionally, this legislation expresses the its economic influence when it comes to Iran. and therefore liable to lose a significant part of sense of Congress that the Federal Retire- Simply put, we must act aggressively to en- whatever their prior value may have been. ment Thrift Investment Board should initiate sure that we are not providing Iran with money Iran’s bid for nuclear arms is the challenge efforts to provide a terror-free international in- to develop nuclear weapons. vestment option among the funds of the Thrift This legislation will help us do that. of our age. Iran already seeks to dominate the Savings Fund. Federal employees should Among other things, this bill would require Middle East through intimidation, including have the opportunity to prevent their retire- the publication of entities, both inside and out- sponsorship of terrorist groups like Hezbollah ment savings from being invested in compa- side the United States, that have an invest- and Hamas. If it achieves nuclear status, nies that support terrorism. ment of more than $20 million in Iran’s energy Tehran will greatly enlarge its sway in this Mr. Speaker, Iran cannot be permitted to sector. Any entity designated on this list could volatile region and will likely touch off a re- develop nuclear bombs. Although most ex- delay publication of its name if it demonstrates gional nuclear arms race as well. Worse, at perts believe that Iran is at least several years that it is taking steps to divest from Iran. least one of Iran’s leading political figures has away from developing a nuclear weapon, the Furthermore, the bill provides a safe harbor intimated that Iran would be willing to use fact that Iran has begun the process is a very for investment and pension fund managers those arms to advance its well-known, rep- clear and disturbing signal. The United States from lawsuits alleging that divestment would rehensible aims, and there is good reason to must recognize that it is dangerous to do noth- lower a fund’s profits. believe that other Iranian leaders subscribe to ing. But it is equally dangerous to take actions Mr. Speaker, Iran’s support for terrorist the same view. that are rash, unwise, or ineffective. groups such as Hezbollah is well known and H.R. 2347 helps to fortify the barrier we are We have ignored the inflammatory rhetoric it is listed as a state sponsor of terrorism by trying to erect to deter all foreign investment in of President Mahmoud Ahmadinejad. But we our State Department. Iran’s energy sector and therefore deprive cannot ignore Iran’s breaking of the U.N. seals In addition, the President of Iran, Mahmoud Iran’s theocratic regime of the funds it needs on its uranium-enriching facilities in January. Ahmadinejad, has made repeated outrageous to pay for its horrific nuclear goals.

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\K30JY7.060 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8861 Mr. Speaker, I strongly support this legisla- The SPEAKER pro tempore. The or any other provision of law, is a government tion, and I urge all my colleagues to do like- question is on the motion offered by that has repeatedly provided support for acts of wise. the gentleman from California (Mr. international terrorism. (4) SECRETARY.—Except as otherwise pro- Mr. PAUL. Mr. Speaker, I strongly oppose SHERMAN) that the House suspend the any move to initiate further sanctions on Iran. vided, the term ‘‘Secretary’’ means the Secretary rules and pass the bill, H.R. 2347, as of State. Sanctions are acts of war, and expanding amended. (5) UNITED STATES COOPERATING AGENCY.— sanctions on Iran serves no purpose other The question was taken. The term ‘‘United States cooperating agency’’ than preparing the American people for an The SPEAKER pro tempore. In the means— eventual attack on Iran. This is the same pat- opinion of the Chair, two-thirds being (A) an accredited institution of higher edu- tern we saw in the run up to the war on Iraq: in the affirmative, the ayes have it. cation, including, to the maximum extent prac- Congress passes legislation calling for regime Mr. SHERMAN. Mr. Speaker, on that ticable, an historically Black college or univer- change, sanctions are imposed, and eventu- I demand the yeas and nays. sity that is a part B institution (as such term is ally we are told that only an attack will solve The yeas and nays were ordered. defined in section 322(2) of the Higher Edu- cation Act of 1965 (20 U.S.C. 1061(2))) or an His- the problem. We should expect the same trag- The SPEAKER pro tempore. Pursu- panic-serving institution (as such term is de- ic result if we continue down this path. I urge ant to clause 8 of rule XX and the fined in section 502(5) of such Act (20 U.S.C. my colleagues to reconsider. Chair’s prior announcement, further 1101a(5))); I oppose economic sanctions for two very proceedings on this motion will be (B) a higher education association; simple reasons. First, they don’t work as effec- postponed. (C) a nongovernmental organization incor- porated in the United States; or tive foreign policy. Time after time, from Cuba f to China to Iraq, we have failed to unseat des- (D) a consortium consisting of two or more potic leaders or change their policies by refus- SHIRLEY A. CHISHOLM UNITED such institutions, associations, or nongovern- ing to trade with the people of those nations. STATES-CARIBBEAN EDU- mental organizations. If anything, the anti-American sentiment CATIONAL EXCHANGE ACT OF SEC. 3. FINDINGS AND STATEMENT OF PURPOSE. aroused by sanctions often strengthens the 2007 (a) FINDINGS.—Congress finds the following: popularity of such leaders, who use America (1) The United States and CARICOM coun- Mr. FALEOMAVAEGA. Mr. Speaker, tries have enjoyed long-standing friendly rela- as a convenient scapegoat to divert attention I move to suspend the rules and pass tions. from their own tyranny. History clearly shows the bill (H.R. 176) to authorize assist- (2) As an important regional partner for trade that free and open trade does far more to lib- ance to the countries of the Caribbean and democratic values, the Caribbean region eralize oppressive governments than trade to fund educational development and constitutes a ‘‘Third Border’’ of the United wars. Economic freedom and political freedom exchange programs, as amended. States. are inextricably linked—when people get a The Clerk read the title of the bill. (3) The decrease in tourism revenue in the taste of goods and information from abroad, The text of the bill is as follows: aftermath of the tragic terrorist attacks on Sep- tember 11, 2001, had an adverse affect on the they are less likely to tolerate a closed society H.R. 176 at home. So sanctions mostly harm innocent Caribbean region. Be it enacted by the Senate and House of Rep- (4) According to a 2005 World Bank Report on citizens and do nothing to displace the govern- resentatives of the United States of America in the Caribbean region, high rates of unemploy- ments we claim as enemies. Congress assembled, ment, particularly youth unemployment, have Second, sanctions simply hurt American in- SECTION 1. SHORT TITLE AND TABLE OF CON- had severe implications on poverty and income dustries, particularly agriculture. Every market TENTS. distributions, as well as drug trafficking and we close to our nation’s farmers is a market (a) SHORT TITLE.—This Act may be cited as addiction. exploited by foreign farmers. China, Russia, the ‘‘Shirley A. Chisholm United States-Carib- (5) The 2005 World Bank Report also con- the Middle East, North Korea, and Cuba all bean Educational Exchange Act of 2007’’. cludes that better synchronization is needed be- represent huge markets for our farm products, (b) TABLE OF CONTENTS.—The table of con- tween curricula in CARICOM countries and the yet many in Congress favor current or pro- tents for this Act is as follows: skills needed in evolving national and regional posed trade restrictions that prevent our farm- Sec. 1. Short title and table of contents. job markets and economies. Sec. 2. Definitions. (6) Caribbean leaders have highlighted the ers from selling to the billions of people in Sec. 3. Findings and statement of purpose. need for increased educational opportunities for these areas. Sec. 4. Shirley A. Chisholm United States-Car- Caribbean students in fields that will contribute We must keep in mind that Iran has still not ibbean Educational Exchange to and support an increasingly competitive re- been found in violation of the Non-Proliferation Program. gional economy. Treaty. Furthermore, much of the information Sec. 5. Program to provide educational develop- (7) Enhancing United States cultural and regarding Iran’s nuclear program is coming to ment assistance for CARICOM educational exchange programs in CARICOM us via thoroughly discredited sources like the countries. countries will expand human resources, provide MeK, a fanatical cult that is on our State De- Sec. 6. Administrative provisions. opportunities that promote economic growth, partment’s terror list. Additionally, the same Sec. 7. Reporting requirements. and improve regional security. Sec. 8. Authorization of appropriations. discredited neo-conservatives who pushed us (8) Many Caribbean leaders studied at the un- SEC. 2. DEFINITIONS. dergraduate or graduate level in the United into the Iraq war are making similarly exagger- In this Act: States before returning to their respective coun- ated claims against Iran. How often do these (1) ADMINISTRATOR.—Except as otherwise pro- tries to contribute toward the strengthening of ‘‘experts’’ have to be proven wrong before we vided, the term ‘‘Administrator’’ means the Ad- democracy, the economy, or the provision of so- start to question their credibility? ministrator of the United States Agency for cial services. It is said that we non-interventionists are International Development. (9) From 2003 through 2005, 217 Caribbean somehow ‘‘isolationists’’ because we don’t (2) APPROPRIATE CONGRESSIONAL COMMIT- leaders participated in exchange programs with want to interfere in the affairs of foreign na- TEES.—The term ‘‘appropriate congressional the United States that focused on good govern- tions. But the real isolationists are those who committees’’ means— ance, combating drug trafficking, anti-corrup- demand that we isolate certain peoples over- (A) the Committee on Foreign Affairs and the tion, and other regional issues of concern. (10) The Department of State currently admin- seas because we disagree with the policies of Committee on Appropriations of the House of Representatives; and isters public outreach programs that include their leaders. The best way to avoid war, to (B) the Committee on Foreign Relations and cultural, academic, and citizen-exchange initia- promote American values, and to spread real the Committee on Appropriations of the Senate. tives in CARICOM countries through the public freedom and liberty is to engage in trade and (3) CARICOM COUNTRY.—The term affairs sections at United States embassies with contacts with the rest of the world as broadly ‘‘CARICOM country’’— support from the Office of Public Diplomacy in as possible. (A) means a member country of the Caribbean the Bureau of Western Hemisphere Affairs. I urge my colleagues to reconsider this Community (CARICOM); but (11) The Caribbean Center for Excellence in counterproductive and dangerous move to- (B) does not include— Teacher Training (C–CETT), a Presidential Ini- ward further sanctions on Iran. (i) a country having observer status in tiative funded by the United States Agency for Mr. GARRETT of New Jersey. Mr. CARICOM; or International Development and implemented by Speaker, I have no further requests for (ii) a country the government of which the the University of the West Indies, works to im- Secretary of State has determined, for purposes prove the quality of reading instruction by time, and I yield back the balance of of section 6(j) of the Export Administration Act training classroom and student teachers in my time. of 1979 (as continued in effect pursuant to the seven countries of the English-speaking Carib- Mr. SHERMAN. Mr. Speaker, I have International Emergency Economic Powers Act), bean. Belize, Jamaica, Grenada, St. Lucia, Guy- no further requests for time, and I section 40 of the Arms Export Control Act, sec- ana, St. Vincent and the Grenadines, and Trini- yield back the balance of my time. tion 620A of the Foreign Assistance Act of 1961, dad and Tobago have participated in the C–

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.113 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8862 CONGRESSIONAL RECORD — HOUSE July 30, 2007 CETT as a means to reducing illiteracy in the (3) The program will limit participation to— SEC. 5. PROGRAM TO PROVIDE EDUCATIONAL DE- most disadvantaged urban and remote rural (A) two years of study for secondary school VELOPMENT ASSISTANCE FOR areas. students; CARICOM COUNTRIES. (12) In Anguilla, Antigua and Barbuda, the (B) four years of study for undergraduate stu- (a) PROGRAM AUTHORIZED.—The Secretary of Bahamas, Barbados, Belize, the Cayman Is- dents; State, acting through the Administrator of the United States Agency for International Develop- lands, the Dominican Republic, Dominica, Gre- (C) 30 months of study for graduate students; ment, is authorized to establish a program to nada, Guyana, Jamaica, Montserrat, St. Kitts and provide educational development assistance for and Nevis, St. Lucia, St. Vincent and the Gren- (D) one year of study for post-graduate stu- CARICOM countries. adines, Suriname, and Trinidad and Tobago, dents and scholars. (b) PURPOSE OF PROGRAM.—The purpose of the Bureau of Educational and Cultural Affairs (4) For a period of time equal to the period of of the Department of State sponsors educational the program authorized under subsection (a) is time of participation in the program, but not to to improve primary and secondary education in advisors to promote study in the United States. exceed 2 years, the program will require partici- (13) In the 2004–2005 academic year, approxi- CARICOM countries by enhancing teacher pants who are students and scholars described training, strengthening curriculum and instruc- mately 14,000 Caribbean students were enrolled in subsection (a)(2) to— in United States colleges and universities. tional materials, and assisting improvements in (A) agree to return to live in a CARICOM (14) Shirley Anita Chisholm, who served as a school management and public administration country and maintain residence in such coun- member of the United States House of Rep- of education. try, within 6 months of completion of academic resentatives from 1968 to 1983, had family roots (c) ELEMENTS OF PROGRAM.—The program au- studies; or in the Caribbean nation of Barbados, was a thorized under subsection (a) shall extend and staunch advocate for educational opportunity (B) agree to obtain employment that directly expand upon existing primary and secondary and access, and increased support for histori- benefits the growth, progress, and development school programs in CARICOM countries to pro- cally Black colleges and universities and other of one or more CARICOM countries and the vide— minority-serving institutions in the United people of such countries. (1) teacher-training methods and training in States. (5) The Secretary of State shall have the dis- subject area studies; (b) STATEMENT OF PURPOSE.—The purpose of cretion to waive, shorten the duration, or other- (2) classroom and school management; this Act is to establish— wise alter the requirements of paragraph (5) in (3) development and modernization of cur- (1) an educational exchange program between limited circumstances of hardship, humani- riculum and instructional materials; the United States and CARICOM countries, to tarian needs, for specific educational purposes, (4) increased community involvement in school be known as the ‘‘Shirley A. Chisholm United or in furtherance of the national interests of the activities; and States-Caribbean Educational Exchange Pro- United States. (5) local, regional, and national government gram’’, pursuant to section 4 of this Act to assist (c) ROLE OF UNITED STATES COOPERATING policy planning on the elements described in in educating promising students and scholars AGENCIES.—The Secretary shall consult with paragraphs (1) through (4). from CARICOM countries who will invest the United States cooperating agencies in devel- (d) ROLE OF UNITED STATES COOPERATING knowledge and experiences they gain in the oping the program authorized under subsection AGENCIES.—The Secretary shall consult with the United States back into the community of (a) and shall make grants to United States co- Secretary of Education and United States co- CARICOM countries; and operating agencies in carrying out the program operating agencies in developing the program (2) a program to provide educational develop- authorized under subsection (a). authorized under subsection (a) and shall make ment assistance for CARICOM countries pursu- (d) MONITORING AND EVALUATION OF PRO- grants to United States cooperating agencies in ant to section 5 of this Act. GRAM.— carrying out the program authorized under sub- SEC. 4. SHIRLEY A. CHISHOLM UNITED STATES- (1) IN GENERAL.—The Secretary shall establish section (a). CARIBBEAN EDUCATIONAL EX- and implement a system to monitor and evaluate (e) MONITORING AND EVALUATION OF PRO- CHANGE PROGRAM. the effectiveness and efficiency of the program GRAM.—The Secretary shall establish and imple- (a) PROGRAM AUTHORIZED.—The Secretary of authorized under subsection (a). In carrying out ment a system to monitor and evaluate the effec- State is authorized to establish an educational the system, the Secretary shall evaluate the pro- tiveness and efficiency of the program author- exchange program between the United States gram’s positive or negative effects on brain ized under subsection (a). and CARICOM countries, to be known as the drain from the participating CARICOM coun- (f) SENSE OF CONGRESS.—It is the sense of ‘‘Shirley A. Chisholm United States-Caribbean tries and suggest ways in which the program Congress that the Secretary should seek to work Educational Exchange Program,’’ under may be improved to promote the basic goal of al- with CARICOM countries to establish an edu- which— leviating brain-drain from the participating cational development program under which edu- (1) secondary school students from CARICOM CARICOM countries. cation in the CARICOM countries is improved countries will— (2) REQUIREMENTS.—In carrying out para- and access to quality education for children in (A) attend a public or private secondary graph (1), the Secretary shall review on a reg- CARICOM countries is increased. school in the United States; ular basis— SEC. 6. ADMINISTRATIVE PROVISIONS. (B) participate in activities designed to pro- (A) financial information relating to the pro- (a) FUNDING FROM PRIVATE SOURCES AND mote a greater understanding of the values and gram; PARTNERSHIPS WITH OTHER APPROPRIATE ENTI- culture of the United States; and (B) budget plans for the program; TIES.—To the maximum extent practicable, the (C) have the option to live with a United (C) adjustments to plans established for the Secretary of State and the Administrator of the States host family and experience life in a program; United States Agency for International Develop- United States host community; and (D) graduation rates of participants in the ment should implement the programs authorized (2) undergraduate students, graduate stu- program; under sections 4 and 5 of this Act through utili- dents, post-graduate students, and scholars (E) the percentage of participants who are zation of funding from private sources to maxi- from CARICOM countries will— students described in subsection (a)(1) who pur- mize the impact of United States funds under (A) attend a public or private college or uni- sue higher education; this Act, and through partnerships with appro- versity, including a community college, in the (F) the percentage of participants who return priate United States organizations, institutions, United States; (B) participate in activities designed to pro- to their home country or another CARICOM and corporations. mote a greater understanding of the values and country; (b) AVOIDANCE OF DUPLICATION.—The Sec- culture of the United States; and (G) the types of careers pursued by partici- retary and the Administrator shall consult with (C) have the option to live with a United pants in the program and the extent to which the Secretary of Education to ensure that— States host family and experience life in a such careers are linked to the political, eco- (1) activities under the programs authorized United States host community or live in an on- nomic, and social development needs of under sections 4 and 5 of this Act are not dupli- campus housing environment. CARICOM countries; and cative of other United States educational pro- (b) ELEMENTS OF PROGRAM.—The program au- (H) the impact of gender, country of origin, fi- grams for CARICOM countries; and thorized under subsection (a) shall meet the fol- nancial need of students, and other relevant (2) United States cooperating agencies and lowing requirements: factors on the data collected under subpara- partner institutions in CARICOM countries are (1) The program will offer scholarships to stu- graphs (D) through (G). accredited by national or regional accrediting dents and scholars based on merit and need. It (e) SENSE OF CONGRESS.—It is the sense of bodies. is the sense of Congress that scholarships should Congress that the Secretary should seek to work (c) REPORTING UNDER SEVIS.—To the extent be offered under the program to students and with CARICOM countries to establish an edu- necessary, the Secretary shall provide support to scholars who evidence merit, achievement, and cational exchange program under which— United States cooperating agencies that are par- strong potential for the studies such students (1) secondary school students from the United ticipating in the program authorized under sec- and scholars wish to undertake under the pro- States will attend a public or private equivalent tion 4 of this Act in order to fulfill the require- gram and 40 percent of scholarships offered school in CARICOM countries; and ments for student data reporting under the Stu- under the program should be based on financial (2) undergraduate students, graduate stu- dent and Exchange Visitor Information System need. dents, post-graduate students, and scholars (SEVIS). (2) The program will seek to achieve gender from the United States will attend a public or SEC. 7. REPORTING REQUIREMENTS. equality in granting scholarships under the pro- private college or university in CARICOM coun- (a) REPORT REQUIRED.—Not later than 90 gram. tries. days after the date of the enactment of this Act,

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.084 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8863 the Secretary of State shall submit to the appro- Amend the title so as to read: ‘‘A bill to Act of 2007, a bill to vastly expand priate congressional committees a report on authorize the establishment of educational study abroad programs that over- plans to implement the programs authorized exchange and development programs for whelmingly passed this House in a under sections 4 and 5 of this Act. member countries of the Caribbean Commu- great example of bipartisan coopera- (b) MATTERS TO BE INCLUDED.—The report re- nity (CARICOM).’’. tion. quired by subsection (a) shall include— The SPEAKER pro tempore. Pursu- (1) with respect to implementation of the pro- The United States and nations of the gram authorized under section 4— ant to the rule, the gentleman from Caribbean have long enjoyed friendly (A) a plan for selecting participants in the American Samoa (Mr. FALEOMAVAEGA) relations. As an important regional program, including an estimate of the number of and the gentlewoman from Florida (Ms. partner for trade and a bastion of secondary school students, undergraduate stu- ROS-LEHTINEN) each will control 20 democratic values, our friends in the dents, graduate students, post-graduate stu- minutes. Caribbean region have been called the dents, and scholars from each country, by edu- The Chair recognizes the gentleman ‘‘third border’’ of the United States. cational level, who will be selected as partici- from American Samoa. pants in the program for each fiscal year; In talks with Members of Congress, (B) a timeline for selecting United States co- GENERAL LEAVE Caribbean leaders have highlighted the operating agencies that will assist in imple- Mr. FALEOMAVAEGA. Mr. Speaker, need for educational opportunities for menting the program; I ask unanimous consent that all Mem- Caribbean students in fields that will (C) a financial plan that— bers may have 5 legislative days to re- allow them to contribute to an increas- (i) identifies budget plans for each edu- vise and extend their remarks and in- ingly competitive regional economy. cational level under the program; and clude extraneous material on the bill (ii) identifies plans or systems to ensure that We aim to deliver on that request the costs to public school, college, and univer- under consideration. today. sity education under the program and the costs The SPEAKER pro tempore. Is there Enhancing our cultural and edu- to private school, college, and university edu- objection to the request of the gen- cational exchange programs in the Car- cation under the program are reasonably allo- tleman from American Samoa? ibbean will promote economic growth, cated; and There was no objection. improve regional security, and expand (D) a plan to provide outreach to and linkages Mr. FALEOMAVAEGA. Mr. Speaker, opportunities for the hardworking citi- with schools, colleges and universities, and non- I yield myself such time as I may con- zens of this region. This educational governmental organizations in both the United sume. States and CARICOM countries for implementa- exchange program will enable sec- tion of the program; and Mr. Speaker, I rise in strong support ondary school, undergraduate, grad- (2) a plan outlining implementation of the of this resolution. uate, and post-graduate scholars from program authorized under section 5, identifying I would first like to thank my col- the Caribbean to attend schools, col- the initial countries in which the program will league, the distinguished gentlewoman leges, and universities in the United be implemented and a timeline for implementa- from California (Ms. LEE), for intro- States. It will allow them to partici- tion. ducing this important legislation and pate in activities designed to promote (c) UPDATES OF REPORT.— garnering the bipartisanship sponsors (1) IN GENERAL.—The Secretary shall submit a greater understanding of the values to the appropriate congressional committees up- that it deserves. And certainly I want and culture of the United States. And dates of the report required by subsection (a) for to thank the chairman of the Western it will grant them the option either to each fiscal year for which amounts are appro- Hemisphere Subcommittee, the gen- live in the United States with a host priated pursuant to the authorization of appro- tleman from New York (Mr. ENGEL), for family, enriching them with commu- priations under section 8 of this Act. his tireless efforts in pushing forward nity and town life here, or to live in an (2) MATTERS TO BE INCLUDED.—Such updates this initiative. shall include the following: on-campus housing environment. Mr. Speaker, nearly four decades ago, Mr. Speaker, the late Congress- (A) Information on United States cooperating history was made in the voting booths agencies that are selected to assist in imple- woman Shirley Chisholm was a great menting the programs authorized under sections of New York City. A young lady by the American leader who has inspired gen- 4 and 5 of this Act. name of Shirley Chisholm became the erations of African Americans and Car- (B) An analysis of the positive and negative first African American woman elected ibbean Americans. With passage of this impacts the program authorized under section 4 to the U.S. House of Representatives in legislation, we honor her memory and will have or is having on brain drain from the the history of our great land. With her ensure that a new generation of Carib- participating CARICOM countries. election, Congresswoman Shirley Chis- beans can play an even more construc- (C) A description of efforts made by the Sec- holm broke the ground for African retary of State, acting through the Adminis- tive role in the political and economic trator of the United States Agency for Inter- Americans, to be sure. Congresswoman developments not only of this region national Development, to implement the pro- Chisholm was also the child of immi- but to continue our friendly relations gram authorized under section 5. grants from the Caribbean area, and with this region. (D) A description of the programs established today she remains a great heroine for I urge my colleagues to support this in each CARICOM country receiving assistance Caribbean Americans throughout our legislation. under the program authorized under section 5 Nation. that provides a detailed explanation of the ex- Mr. Speaker, I reserve the balance of During her tenure in Congress, Con- my time. tent to which the program and the assistance gresswoman Chisholm was a staunch provided are contributing to the purpose of the Ms. ROS-LEHTINEN. Mr. Speaker, I program described in section 5(b) in the advocate for educational opportunity yield myself such time as I may con- CARICOM country. and access. She increased support for sume. (E) An evaluation of additional educational Historically Black Colleges and Uni- Mr. Speaker, I would like to recog- development goals in CARICOM countries, iden- versities and other institutions in the nize my good friend from California, tifying those goals that could be maximized or United States that serve minorities. Ms. BARBARA LEE, for her leadership in achieved with United States assistance through It is, therefore, entirely appropriate introducing this bill, which is intended the program authorized under section 5. In ad- and fitting that the legislation before dition to standard or necessary areas of edu- to deepen our educational cooperation cation review, the evaluation should give atten- the House today is named after the late with our neighbors in the Caribbean. tion to factors affecting academic achievement, Congresswoman Shirley Chisholm from H.R. 176 authorizes the creation of attrition, and graduation rates in CARICOM the great City of New York. This bill the Shirley A. Chisholm U.S.-Carib- countries. The evaluation should suggest ways establishes a new and important edu- bean Educational Exchange Program in which United States assistance can maximize cational exchange program between to help provide U.S. educational oppor- success factors and address factors contributing the United States and our friends in tunities to qualified students from the to poor achievement. the Caribbean region. countries of the Caribbean community. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. This effort builds on a priority I have To carry out this Act, there are authorized to long promoted: fostering better edu- b 1400 be appropriated such sums as may be necessary cational and cultural ties between the It also authorizes State and USAID for each of the fiscal years 2008 through 2012. Amounts appropriated pursuant to the author- United States and different regions of to expand existing primary and sec- ization of appropriations under this section are the world. Today’s bill follows our re- ondary school initiatives in the Carib- in addition to amounts otherwise available for cent historic passage of the Senator bean to provide programs on teacher such purposes. Paul Simon Study Abroad Foundation training methods, school management,

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.084 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8864 CONGRESSIONAL RECORD — HOUSE July 30, 2007 curriculum development, and increase many hours to ensure that this bill cus. And during those meetings with community involvement in school ac- would have the most impact. Particu- the House Committee on Foreign Af- tivities. larly, I would like to thank Jason fairs, many Members here in our own Increasing the quality of educational Steinbaum of Mr. ENGEL’s staff and body heard about the lack of opportu- opportunities available to our good Kristen Wells and Peter Quilter of Mr. nities for students from the Caribbean neighbors in the Caribbean serves the LANTOS’ staff. And let me acknowledge to study in the United States. interests of our entire region, and Miguel Ayala from my office for his It is clear to me that we need to do deepens the goodwill that already ex- very, very excellent work on this bill, more to help our friends and neighbors ists between the people of our coun- and Jamila Thompson, formerly of my in the Caribbean, and I hope this bill is tries. staff, who really initially worked on just one step with regard to the many I want to thank Congresswoman LEE this legislation as well as the designa- that we’re looking at that will come and Chairman LANTOS for working with tion of June as Caribbean-American forward to move us forward with closer me at the committee level to incor- Heritage Month. ties to our regions. porate language ensuring that state This legislation is so important be- Again, I would like to thank every- sponsors of terrorism do not receive cause our neighbors in the Caribbean, one who helped me make this bill come the benefits provided under this bill. sometimes called the ‘‘Third Border,’’ to fruition. It has taken a while. It has The committee also amended the text they’re often neglected when we con- taken a long time, actually. I am de- to authorize such sums as may be nec- sider matters that affect our hemi- lighted that we, today, will be sending essary rather than a sum certain for sphere. My bill creates an educational a very clear message to our friends in the new programs. This will help en- exchange program whereby students in the Caribbean that we are truly sup- sure that any new activities under the the Caribbean, including secondary portive. act will not disrupt those educational school, undergraduate, graduate, post- You know, when you see other coun- and exchange programs already being graduate students and scholars can tries in the region providing scholar- implemented in the region by the State come abroad to study at United States ships for students from the Caribbean, Department and USAID. institutions of higher education. These such as Cuba, I think it is now up to Again, I thank my colleagues for important programs will not only en- the United States to step up to the their cooperation in preparing this bill courage diplomacy between our Nation plate and say we, too, can make sure for floor consideration. and those in the Caribbean, but it will that students from the Caribbean ben- Mr. Speaker, I reserve the balance of also prepare these students to return efit from the wonderful educational op- my time. Mr. FALEOMAVAEGA. Mr. Speaker, home to the Caribbean with the tools portunities present in the United I yield myself 30 seconds just to offer and the education they need to move States. my compliments to my dear friend, the their nations forward in the 21st cen- Thank you, again, Mr. senior ranking member of the House tury. FALEOMAVAEGA. This legislation also encourages aca- Mr. FALEOMAVAEGA. I thank the Foreign Affairs Committee, Ms. ROS- demic partnerships with Historically gentlelady for a most eloquent state- LEHTINEN, for her support and leader- ship in bringing this legislation to the Black Colleges and Universities and ment. floor. Hispanic-serving institutions, when Ms. ROS-LEHTINEN. Mr. Speaker, I Mr. Speaker, it is my honor now to possible, and will ensure parity be- urge my colleagues to vote ‘‘aye’’ on give 5 minutes to my good friend and tween males and females in the pro- this resolution, and I yield back the colleague, the prime sponsor of this gram. Furthermore, both merit and fi- balance of my time. legislation, the gentlelady from Cali- nancial need will be considered for Mr. FALEOMAVAEGA. Mr. Speaker, fornia (Ms. LEE) for her statement. those exchange programs which we are I yield 1 minute to the gentlelady from Ms. LEE. Mr. Speaker, first let me authorizing today. Texas (Ms. JACKSON-LEE). just say today is a good day. I’m very This bill also creates and provides Ms. JACKSON-LEE of Texas. Let me delighted to be able to rise in support educational development assistance for thank the chairman of the sub- of H.R. 176, the Shirley Chisholm U.S.- CARICOM nations. It will address the committee and the manager of the bill. Caribbean Educational Exchange Act lack of access and the lack of quality And let me thank the Honorable BAR- of 2007. education in some areas of the Carib- BARA LEE for her leadership and the I would like to thank Congressman bean by improving primary and sec- ranking member for theirs. FALEOMAVAEGA from the American ondary education through teacher Very quickly, it is my pleasure to Samoa, the distinguished chairman of training, strengthening curriculum, rise and support this legislation, hav- the subcommittee on Asia, the Pacific and improving administration and ing had the opportunity to be associ- and the Global Environment, for yield- management of schools. ated with the Honorable Shirley Chis- ing to me, for managing this bill on the This bill is named after our former holm in New York and to see her enor- floor, and for your assistance and for colleague, my dear friend, my mentor, mous and challenging leadership. But your leadership. the late Congresswoman Shirley Anita the crux of this bill is an answer in re- Also, to our ranking member, Con- Chisholm, who I dearly loved and sponse to our friends in the Caribbean. gresswoman ILEANA ROS-LEHTINEN, learned much from and who I deeply Through CARICOM and the leaders and thank you so much for your diligence miss. She served in Congress from 1969 heads of State, they represent the third and hard work and understanding and to 1983 and was of Caribbean descent. border of the United States. They pro- clarity of what we wanted to do and Her mother was from Barbados and her vide additional security through their making sure that this was done in a bi- father was from Guyana. She rep- homeland security efforts. partisan way. We appreciate so much resented the 12th District of New York, This opportunity for their skilled and your leadership. which to this day continues to have a talented young people to have an ex- I am very pleased, as I said, that the significant Caribbean-American popu- change program, to then go back to House will have an opportunity to dis- lation. their own countries and provide the cuss this bill today. I want to thank Congresswoman Chisholm would have friendship, the alliance, and the secu- everyone who has helped with this very been so proud to know that this pro- rity that we will need in the future is important piece of legislation. I would gram will address the very disparities a key element of this legislation. also like to thank my good friend, Con- in education that the leaders of the I ask my colleagues to support this gressman ELIOT ENGEL, who is the CARICOM nations raised during the legislation, and I congratulate all Chair of the Western Hemisphere Sub- conference last month here in Wash- those responsible for it, and again, ac- committee, and my colleague, the dis- ington, D.C. They met with the Presi- knowledge the leadership of Shirley tinguished chairman of the Committee dent, the Secretary of State, Speaker Chisholm. on Foreign Affairs, Congressman TOM PELOSI, and also with our colleagues on Mrs. CHRISTENSEN. Mr. Speaker, I rise in LANTOS. the House Ways and Means Committee, strong support of H.R. 176, the Shirley A. Also, we couldn’t have done with this the House Committee on Foreign Af- Chisholm-U.S. Caribbean Educational Ex- without our staff, who have put in so fairs, and the Congressional Black Cau- change Act of 2007 and urge my colleagues

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\K30JY7.065 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8865 to support its adoption. As an original cospon- American college or university. The bill re- teachers in critical subject areas is the most sor of this important bill, I want to congratulate quires program participants to return to a Car- important components in building a strong my friend and colleague, the Honorable BAR- ibbean country or work for the growth, educational structure. BARA LEE for her hard work in getting the bill progress and development of the Caribbean Many Caribbean leaders have received edu- to the floor today. Community after they complete their studies. cation in the United States, and have used Mr. Speaker, U.S.-Caribbean educational The bill also creates a program to improve pri- their education to strengthen Caribbean de- exchanges have been on the forefront of mul- mary and secondary education in the Carib- mocracy and community involvement. This tilateral discussions in recent years. Many be- bean Community through teacher training, legislation will help to continue strengthen lieve that education exchanges are an excel- strengthening curriculum, and improving ad- U.S.-Caribbean relations, I strongly urge my lent means to developing and protecting ministration and management of schools. colleagues support in passage this bill. democratic values. And while the U.S. has not Many Caribbean leaders have received Mr. ENGEL. Mr. Speaker, I rise in strong particularly focused on educational advance- post-secondary education in the U.S. and support of H.R. 176, the Shirley A. Chisholm ment in the Caribbean, other nations have. have used their education to strengthen Carib- United States-Caribbean Education Exchange Thousands of Caribbean students participate bean democracy and benefit Caribbean peo- Program. I would like to pay tribute to our col- in exchange programs to distant parts of the ple. For example, from 2003 through 2005, a league, BARBARA LEE, for introducing this ex- globe, yet the U.S. has no specific exchange total of 217 Caribbean leaders participated in cellent legislation and for the work of Chair- program for Caribbean scholars. U.S. exchange programs dealing with counter- man LANTOS in moving H.R. 176 forward. This legislation would establish in the State narcotics, anticorruption and good governance Representative LEE and I have traveled to Department’s Office of Public Diplomacy a policies. The Shirley A. Chisholm U.S.-Carib- the Caribbean together, and we have seen U.S.-Caribbean educational exchange pro- bean Educational Exchange Act would expand through our site visits, including to St. gram for high school, undergraduate and grad- these efforts to include future Caribbean lead- George’s University in Grenada and an edu- uate students, as well as scholars. ers. cation program at an orphanage in Haiti, the It would also enable the U.S. Agency for It is entirely appropriate that this legislation tremendous need for expanded educational International Development to develop a re- is named after our former colleague, Con- cooperation between the United States and gional strategy to expand existing early edu- gresswoman Shirley Chisholm. Congress- the Caribbean. In fact, Prime Minister Keith cation initiatives. And the legislation would woman Chisholm was of Caribbean heritage Mitchell of Grenada listed cooperation on edu- allow both State Department and USAID to and was a strong advocate for quality edu- cation as among the most important issues for use public-private partnerships to implement cation. She graduated from Brooklyn College his country’s citizens. the program. in 1946, received a Masters in Elementary As such, H.R. 176 creates an educational The State Department has repeatedly advo- Education from the Teachers College at Co- exchange program between the United States cated educational exchanges as one of the lumbia University in 1952, and went on to and CARICOM countries, called the Shirley A. best means of public diplomacy. For decades, work as a teacher. In 1968, she became the Chisholm United States-Caribbean Edu- the Caribbean, our ‘‘Third Border,’’ has been first African-American woman elected to Con- cational Exchange Program, and provides one of the U.S. staunchest allies with strong gress, where she served with distinction from educational-related assistance for the nations democratic traditions. We’ve seen how critical 1969 to 1983. In 1972, Congresswoman Shir- in the CARICOM region. Education is an area the adherence to these democratic ideals has ley Chisholm ran for president in the Demo- in which the United States has a clear advan- been given how quickly the governments of cratic primaries. As a Member of Congress, tage—one which we should use to help our the region were able to maintain order and re- Shirley Chisholm served on the influential neighbors in the Caribbean. build in the wake of the recent devastating Education and Labor Committee and rose to As chair of the House Foreign Affairs Sub- hurricane seasons. Furthermore, the leader- be its third-highest ranking member. committee on the Western Hemisphere, it has ship in these affected countries was cultivated I urge all of my colleagues to honor Con- been a priority of mine to help promote good right here in the U.S. gresswoman Shirley Chisholm and support relations between the United States and In fact many of today’s Caribbean leaders educational exchange opportunities for Carib- CARICOM countries. Just last month, the have received post-secondary education in the bean students by voting in favor of the Shirley Presidents and Prime Ministers of 14 Carib- United States, and have used their different A. Chisholm U.S.-Caribbean Educational Ex- bean countries met with members of the fields of training to strengthen Caribbean de- change Act. House Committee on Foreign Affairs as part of mocracy and community involvement. From Ms. EDDIE BERNICE JOHNSON of Texas. the historic Conference on the Caribbean and 2003–2005, 217 Caribbean leaders partici- Mr. Speaker, I rise today in strong support of discussed how we could expand relations. pated in U.S. exchange programs that cen- the Shirley Chisholm U.S.-Caribbean Edu- During our meeting, I told the Caribbean lead- tered on innovative ways to fight drug traf- cational Exchange Act of 2007. I would like to ers that we would pass a U.S.-Caribbean Edu- ficking, anticorruption and good governance thank Congresswoman BARBARA LEE and her cation Exchange Act soon and hold a hearing policies. We should continue these efforts and continued commitment to the Caribbean and on deportees. With today’s passage of the expand them to include the future leaders of education. This legislation helps bridge the Caribbean education legislation and last the Caribbean. educational gap in the Caribbean by creating As the only member in Congress whose dis- an educational exchange program for Carib- week’s hearing, I am proud to say that we trict is in the English speaking Caribbean, I am bean students to study in the United States. have lived up to our promises. well aware of the exciting possibilities that Caribbean Nations suffer from high poverty Mr. Speaker, this bill is aptly named for H.R. 176 holds. rates, high unemployment rates, and low lit- Shirley Anita Chisholm, a former member of Mr. Speaker, our Caribbean neighbors are eracy rates. These conditions have left most the United States House of Representatives among the most stable democracies in the Caribbean students faced with the hard choice from 1968 to 1983 who had family roots in the world and some of our oldest friends. Too of education or work; and most are forced to Caribbean nation of Barbados. I am glad that often we take them for granted though and choose work in order to provide for them- we honor her service with this important edu- don’t give to them as much as we demand selves and their families. Educational ex- cational exchange program, and I urge my col- from them. While it will not solve all of the change programs allow Caribbean students to leagues to support H.R. 176. problems with our relationship of late, H.R. provide opportunities to learn necessary skills Mr. FALEOMAVAEGA. Mr. Speaker, 176 will serve as a meaningful gesture of for leadership and career success, explore I yield back the balance of my time. good faith and friendship going forward. I urge cultural issues, and promotes dialogue of com- The SPEAKER pro tempore. The my colleagues to support passage of H.R. munity and/or social relevance. Education is question is on the motion offered by 176. the building block that creates a sound foun- the gentleman from American Samoa Mr. WATERS. Mr. Speaker, I strongly sup- dation for success and develops strong demo- (Mr. FALEOMAVAEGA) that the House port H.R. 176; the Shirley A. Chisholm U.S.- cratic values. These exchange programs allow suspend the rules and pass the bill, Caribbean Educational Exchange Act. I am students to return to their native homes to H.R. 176, as amended. proud to be a cosponsor of this bill. contribute to the success of their nation. The question was taken. The Shirley A. Chisholm U.S.-Caribbean This bill also creates new programs to im- The SPEAKER pro tempore. In the Educational Exchange Act creates an edu- prove primary and secondary education opinion of the Chair, two-thirds being cational exchange program to enable students through teacher training. Teacher prepared- in the affirmative, the ayes have it. from the countries of the Caribbean Commu- ness and education management is vital to Mr. PEARCE. Mr. Speaker, on that I nity to come to the U.S. and study at an any education system. Providing high quality demand the yeas and nays.

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.085 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8866 CONGRESSIONAL RECORD — HOUSE July 30, 2007 The yeas and nays were ordered. tion as it existed at the time of such acquisi- The amendment to the Iran Sanc- The SPEAKER pro tempore. Pursu- tion. tions Act before the House today re- ant to clause 8 of rule XX and the (c) CONSTRUCTION.—Nothing in this section stores text that was in the original shall be construed as prohibiting the Chair’s prior announcement, further issuance of regulations, orders, directives, or version of the Iran Sanctions legisla- proceedings on this motion will be licenses under the Executive orders de- tion passed overwhelmingly by the postponed. scribed in subsection (a) or as being incon- House last session. Unfortunately, fol- f sistent with the authorities under the Inter- lowing White House negotiations with national Emergency Economic Powers Act. the Republican majority at the time, IRAN SANCTIONS ACT OF 1996 (d) DEFINITIONS.—In this section— this provision was removed from a sub- AMENDMENTS (1) the term ‘‘entity’’ means a partnership, sequent version of the bill that actu- association, trust, joint venture, corpora- Mr. FALEOMAVAEGA. Mr. Speaker, tion, or other organization; ally became law. I move to suspend the rules and pass (2) an entity is a ‘‘parent company’’ of an- This amendment plugs critical loop- the bill (H.R. 957) to amend the Iran other entity if it controls, directly or indi- holes, actual and potential, for the cur- Sanctions Act of 1996 to expand and rectly, that other entity and is a United rent legislation that could allow Iran clarify the entities against which sanc- States person; and to conduct an end-around on our sanc- tions may be imposed, as amended. (3) the term ‘‘United States person’’ means tions. The legislation is intended to The Clerk read the title of the bill. any United States citizen, any alien lawfully truly and fully deprive Iran of revenue admitted for permanent residence to the it needs to fuel its nuclear weapons The text of the bill is as follows: United States, any entity organized under H.R. 957 the laws of the United States, or any person program. The bill before us would fortify cur- Be it enacted by the Senate and House of Rep- in the United States. resentatives of the United States of America in The SPEAKER pro tempore. Pursu- rent law and enhance the ability of our Congress assembled, ant to the rule, the gentleman from government to deter foreign invest- ment in Iran’s energy industry. It ex- SECTION 1. CLARIFICATION AND EXPANSION OF American Samoa (Mr. FALEOMAVAEGA) DEFINITIONS. and the gentlewoman from Florida (Ms. pands the definition used to apply to (a) PERSON.—Section 14(13)(B) of the Iran businesses so that we may restrict any- ROS-LEHTINEN) each will control 20 Sanctions Act of 1996 (50 U.S.C. 1701 note) is minutes. one and everyone intending to help fuel amended to read as follows: Iran’s sham of an energy industry. ‘‘(B)(i) a corporation, business association, The Chair recognizes the gentleman from American Samoa. It is more than lamentable that the partnership, society, trust, financial institu- administration, in fact, has never once tion, insurer, underwriter, guarantor, and GENERAL LEAVE any other business organization; Mr. FALEOMAVAEGA. Mr. Speaker, availed itself of the potent tools that ‘‘(ii) any foreign subsidiary of any entity I ask unanimous consent that all Mem- the Iran Sanctions Act offers to deter described in clause (i); and bers may have 5 legislative days with such investment. But the administra- ‘‘(iii) any governmental entity operating which to revise and extend their re- tion can rest assured that we will hold as a business enterprise, such as an export marks and include extraneous material its feet to the fire in this session. credit agency; and’’. on the bill under consideration. For the sake of U.S. interests and for (b) PETROLEUM RESOURCES.—Section 14(14) The SPEAKER pro tempore. Is there world peace, both the executive branch of the Iran Sanctions Act of 1996 (50 U.S.C. and the Congress must do everything 1701 note) is amended by inserting after ‘‘pe- objection to the request of the gen- troleum’’ the second place it appears the fol- tleman from American Samoa? in its power to prevent the emergence lowing: ‘‘, petroleum refining capacity, liq- There was no objection. of a nuclear-armed Iran. Congress can- uefied natural gas,’’. Mr. FALEOMAVAEGA. Mr. Speaker, not do it alone. So it is for these rea- (c) CONSTRUCTION.—The amendments made I rise in strong support of this resolu- sons that I again commend my dear by this section shall not be construed to re- tion and yield myself such time as I friend, the ranking member, Ms. ROS- quire the imposition of any measure under may consume. LEHTINEN, for her cosponsorship of this section 5 of the Iran Sanctions Act of 1996 Mr. Speaker, I want to thank the dis- bipartisan legislation and her leader- against any natural person or other entity tinguished chairman of the Foreign Af- ship in the noble effort to prevent a fa- that is not specifically described in section 14(13) of that Act, as amended by this sec- fairs Committee, the gentleman from natical regime from acquiring nuclear tion. California (Mr. LANTOS) and our distin- weapons has been outstanding. As a member of the Foreign Affairs SEC. 2. APPLICATION TO SUBSIDIARIES. guished senior ranking member, Ms. (a) IN GENERAL.—Except as provided in ROS-LEHTINEN, for their sponsorship of Committee, I am proud to be part of subsection (b), in any case in which an entity this bipartisan measure and for their that effort. I strongly support this leg- engages in an act outside the United States leadership on the issue of Iran. islation, and I urge my colleagues to which, if committed in the United States or The dangerous Iranian regime pre- support this bill. by a United States person, would violate Ex- sents us with the overriding long-term Mr. Speaker, I reserve the balance of ecutive Order No. 12959 of May 6, 1995, Execu- issue facing the entire Middle East. my time. tive Order No. 13059 of August 19, 1997, or any The scoundrel, Mahmoud Ahmadinejad, Ms. ROS-LEHTINEN. Mr. Speaker, I other prohibition on transactions with re- and his theocratic cohorts are working yield myself such time as I may con- spect to Iran that is imposed under the sume. International Emergency Economic Powers to destabilize security worldwide with Act (50 U.S.C. 1701 et seq.) and if that entity their nuclear weapons program. They All of us know, Mr. Speaker, that was created or availed of for the purpose of are targeting Israel specifically Iran is a growing threat to the region engaging in such an act, the parent company through sponsorship of terror groups. and to U.S. national security interests. of that entity shall be subject to the pen- And according to Tehran’s own claims, Iran’s record for supporting Islamic alties for such violation to the same extent several batteries of missiles. extremists is dangerously supple- as if the parent company had engaged in that So the most important foreign policy mented by its continued violation of act. security aim of the United States Gov- its nonproliferation obligations, its (b) EXCEPTION.—Subsection (a) shall not ernment must be to prevent nuclear mockery of the International Atomic apply to any act carried out under a contract or other obligation of any entity if— weapons from ever falling into the Energy Agency process, and its contin- (1) the contract or obligation existed on hands of Iran. It would destabilize the ued defiance of the United Nations Se- May 22, 2007, unless such contract or obliga- entire world. That is why the Foreign curity Council’s demands to halt its tion is extended in time in any manner or ex- Affairs Committee has repeatedly nuclear enrichment and reprocessing panded to cover additional activities beyond passed bills to choke the regime in program. the terms of the contract or other obligation Tehran so it never gets to that point. Just last week, Iran’s chief nuclear as it existed on May 22, 2007; or If there is one long-term lesson of the negotiator, Ali Larijani, told Britain’s (2) the parent company acquired that enti- Iraq war, Mr. Speaker, it is that all newspapers, the Independent and the ty not knowing, and not having reason to other means must be exhausted before Guardian, that uranium enrichment know, that such contract or other obligation existed, unless such contract or other obliga- military use is employed. This is what was ‘‘like breathing’’ for his country, tion is extended in time in any manner or ex- we aim to do in the Iran issue, tough and that Iran would not halt the spin- panded to cover additional activities beyond sanctions, cooperation with our allies, ning centrifuges at its main enrich- the terms of such contract or other obliga- and diplomacy. ment plant at Natanz, even if the Bush

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.068 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8867 administration offered security guar- final version of the law did not include tions Act, as Libya has, indeed, antees. language that would make export cred- changed its behavior. It is important We could just wait for further action it agencies, insurers and other finan- that we clarify the law. The sponsor of from the United Nations to counter the cial institutions subject to sanctions the bill, the gentlelady from Florida Iranian threat, but even the Iranian re- for their facilitation of investments in indicated that this bill makes a num- gime is aware of the influence of Rus- Iran’s oil industry. ber of important improvements to the sia and China at the U.N. Security The bill before us, Mr. Speaker, H.R. Iran Sanctions Act. Council and the refusal of some of our 957 seeks to close this loophole. The The first is to indicate that it covers European and Asian allies to sacrifice imminent need to close this loophole financial institutions, insurers, LLCs commercial interests for the sake of and to compel responsible nations to do and other business entities; second, nonproliferation. the right thing was clearly articulated that when we talk about investments b 1415 in February of this year by Ambas- in the petroleum sector, that term in- sador George Schulte, the chief U.S. cludes refining petroleum and it in- Just last Wednesday, Iranian leader representative to the International cludes development of liquefied natural Ahmadinejad said that U.N. resolutions Atomic Energy Agency. Ambassador gas. could not prevent Iran from obtaining Schulte called on European govern- Finally, I want to thank the nuclear technology. He stated, ‘‘Let’s ments to stop giving credits to sub- gentlelady from Florida for including say that they issue Resolution Number sidize exports to Iran and to take more language in this bill that I had pre- 300. What will happen? It should be re- measures to discourage investment and viously gotten into the Iran Freedom membered that Iran is obtaining nu- financial investment with Iran. Support Act that was passed last year clear technology. They will have to It is my hope that, despite the clari- but which was dropped in conference. I eventually accept that.’’ fications included in the suspension want to thank her for putting it in this Well, for almost 5 years, Mr. Speaker, text at the request of other commit- bill. That language deals with subsidi- Iran has been manipulating the so- tees, that H.R. 957 is applied vigorously aries of U.S.-based multinationals. We called international community buying against those governments that claim currently have a ban on U.S. compa- time to expand, to strengthen and to to support our efforts to stop Iran’s nu- nies doing business with Iran, a ban on hide its nuclear activities. In fact, re- clear pursuit but fail to take tangible most transactions and investments. cent public reports further document actions to deny the regime the re- But some U.S.-based multinationals the construction of a major tunnel sources to continue along this destruc- have used as a loophole through those complex inside the mountain near the tive and dangerous path. regulations, through existing law, their Iranian facility at Natans, near the for- H.R. 957 also seeks to expand the ac- foreign subsidiaries. What this bill tified buildings where the Iranian ura- tivities covered under the law to in- would do is apply basic U.S. sanctions nium is reportedly being processed. clude petrochemicals and liquefied nat- to all the entities controlled by multi- This clearly illustrates the frenetic ural gas. Concerns were raised that ex- national corporations based in the and advanced nature of that regime’s isting law required the clarification United States. nuclear weapon pursuit and should in- that sanctions under the ISA should As to contracts existing on May 22, crease our sense of urgency. But the re- apply to certain foreign subsidiaries of 2007, those contacts would have to be gime’s pursuit of these destructive U.S. companies; therefore, H.R. 957 ex- wound up at the earliest opportunity policies has one weakness: Iran’s en- pands and extends the applications to and could not be extended to cover ad- ergy infrastructure. Iran’s economy U.S. foreign subsidiaries as defined in ditional activities. We then face the and its ability to influence events is the bill. issue of what happens when a U.S.- heavily dependent on the revenues de- This is a straightforward bill with a based multinational buys a company rived from energy exports. As such, re- simple purpose: to enhance our ability that is incorporated abroad and that cent U.S. efforts to prevent Iran from to deprive Iran of the revenue it needs company already has preexisting con- acquiring weapons of mass destruction to fund its nuclear weapons and to se- tracts with or in Iran. have focused on deterring and prohib- cure greater cooperation from Euro- The activities of such subsidiaries iting investments in Iran’s petroleum pean, Asian, Russian and other allies would have to be wound up at their sector. to cut off the flow of funds to Iran. Re- earlier possible opportunity, but fur- U.S. law prohibits American firms sponsible nations must immediately thermore, the U.S. buyer could not from investing in Iran. In addition, the stop their multi-million, and in some even buy that foreign company if the Iran Sanctions Act seeks to influence cases billion, dollar investments in U.S. buyer knew that the company had responsible nations to stop their in- Iran’s energy sector. contracts with the Government of Iran. vestment in Iran’s energy sector, that Mr. Speaker, I strongly urge my col- The message is clear: If you are is the economic lifeline of the regime, leagues to support this critical bipar- building a company abroad and you by calling for sanctions on those enti- tisan measure to confront the Iranian think you might want to sell it to a ties. Unfortunately, due to lack of en- threat. U.S.-based multinational, do not have forcement, lack of commitment from Mr. Speaker, I reserve the balance of that company do business with Iran; some of our allies, foreign entities my time. otherwise, it will not be a company which fall outside of the jurisdiction of Mr. FALEOMAVAEGA. Mr. Speaker, that can be easily acquired by a U.S.- our country continue to invest in Iran, I yield 4 minutes to my good friend, the based multinational. helping to fill the coffers, enabling the gentleman from California (Mr. SHER- This bill is an important part of an regime in Tehran to pursue not just a MAN), one of the senior members of the overall effort to put economic pressure nuclear capability, but a chemical and House Foreign Affairs Committee and on the Government of Iran and to let biological program, long-range bal- the chairman of the Subcommittee on the Iranian elites and people know that listic missiles and, as all of us know, Terrorism, Nonproliferation, and they need to desist from their nuclear they are a state sponsor of global Is- Trade. weapons program. lamic extremism and terrorism. Mr. SHERMAN. Mr. Speaker, we Also coming before this Congress, I As part of their effort to isolate Iran talked earlier today about the Iran hope soon, will be H.R. 1400, the Iran and deprive it of its revenues, it needs Sanctions Enabling Act. The purpose of Counterproliferation Act, which also to fund its nuclear weapons program. that bill and the purpose of this bill is strengthens the Iran Sanctions Act and My distinguished colleague, Chairman to change the behavior of multi- whose sponsor is sitting right here with LANTOS, and I introduced the Iran national corporations so as to change us, the chairman of the Foreign Affairs Freedom Support Act, which was en- the behavior of the Iranian Govern- Committee, Mr. LANTOS. acted into law in September of last ment. We have to call upon the administra- year. This legislation strengthens sanc- This effort began perhaps with the tion to actually enforce the Iran Sanc- tions against those who invest in Iran’s Iran-Libya Sanctions Act over a decade tions Act. Since 1998, despite over- petroleum sector, the economic lifeline ago. It worked so well vis-a-vis Libya, whelming evidence, no company has of the Iranian regime. However, the that we have renamed it the Iran Sanc- been identified by the United States

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.069 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8868 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Department of State as having $20 mil- rectly, they can occasionally provide a useful lic of the opportunity to engage in a direct lion of investment in the Iranian oil supplement to multilateral efforts. H.R. 957 is dialogue regarding developments in the Asia- sector which triggers the Iran Sanc- one such occasion, as it maintains the Presi- Pacific region and key elements of the rela- tionship between the United States and Tai- tions Act. It is time for the administra- dent’s discretion under IEEPA to consider on wan; tion to stop ignoring existing law. It is a situation-by-situation basis whether the im- Whereas whenever high-level visitors from time to strengthen existing law. position of unilateral sanctions would be the Taiwan, including the President, seek to Ms. ROS-LEHTINEN. Mr. Speaker, I wisest course. come to the United States, their request re- am pleased to yield such time as he For these reasons, I urge support of H.R. sults in a period of complex, lengthy and may consume to my good friend from 957. humiliating negotiations; New Mexico (Mr. PEARCE), a member of Mr. FALEOMAVAEGA. Mr. Speaker, Whereas lifting these restrictions will help the Financial Services Committee. again, I want to commend the gentle- bring a United States friend and ally out of woman from Florida as the author of its isolation, which will be beneficial to Mr. PEARCE. Mr. Speaker, I thank peace and stability in the Asia-Pacific re- the gentlewoman from Florida for this bipartisan legislation. gion; yielding, and the gentleman, the chair- Mr. Speaker, I reserve the balance of Whereas in consideration of the major eco- man, for his work on this important my time. nomic, security, and political interests bill. Ms. ROS-LEHTINEN. Mr. Speaker, I shared by the United States and Taiwan, it is Mr. Speaker, I would tell you that have no further requests for time, and to the benefit of the United States for United political pressure is one level of mag- I yield back the balance of my time. States officials to meet and communicate di- nitude. But financial and business pres- Mr. FALEOMAVAEGA. Mr. Speaker, rectly with the democratically-elected offi- cials of Taiwan; sures are of another magnitude if we I yield back the balance of my time. The SPEAKER pro tempore. The Whereas since the Taiwan Strait is one of cannot get the attention of Iran in any the flashpoints in the world, it is essential other way when we should exert every question is on the motion offered by that United States policymakers directly means possible, but beginning with the gentleman from American Samoa communicate with the leaders of Taiwan; business pressures, they are certainly (Mr. FALEOMAVAEGA) that the House and ones that we should consider. suspend the rules and pass the bill, Whereas section 221 of the Immigration I was in Israel earlier this year, and H.R. 957, as amended. and Nationality Technical Corrections Act of an Israeli said, frankly and point- The question was taken. 1994 (8 U.S.C. 1101 note) provides that the The SPEAKER pro tempore. In the President or other high-level officials of Tai- blankly, this was the minority party wan may visit the United States, including and the majority party both, sepa- opinion of the Chair, two-thirds being in the affirmative, the ayes have it. Washington, DC, at any time to discuss a va- rately, each said, the world needs to riety of important issues: Now, therefore, be take care of the Iranian problem. They Ms. ROS-LEHTINEN. Mr. Speaker, it said that Iran, late in the summer, was on that I demand the yeas and nays. Resolved by the House of Representatives (the going to pass points in their nuclear The yeas and nays were ordered. Senate concurring), That it is the sense of program that could not be gone back The SPEAKER pro tempore. Pursu- Congress that— (1) restrictions on visits to the United past, that once they passed those, then ant to clause 8 of rule XX and the Chair’s prior announcement, further States by high-level elected and appointed they have the capability to strike. officials of Taiwan, including the democrat- They expressed deep reservations and proceedings on this motion will be postponed. ically-elected President of Taiwan, should be deep concern about the inactivity of lifted; the entire world and urged us to come f (2) the United States should allow direct back and do things. SENSE OF CONGRESS REGARDING high-level exchanges at the Cabinet level It is, again, a very great bipartisan HIGH LEVEL VISITS BY OFFI- with the Government of Taiwan, in order to strengthen a policy dialogue with Taiwan; effort that we begin to ratchet the CIALS OF TAIWAN pressure up on the Iranian Government and Mr. FALEOMAVAEGA. Mr. Speaker, (3) it is in the interest of the United States to say that you cannot act like this in I move to suspend the rules and agree to strengthen links between the United the current world, it will just not be to the concurrent resolution (H. Con. States and the democratically-elected offi- tolerated, and that the pressures will Res. 136) expressing the sense of Con- cials of Taiwan and demonstrate stronger be extreme, we will increase those pres- support for democracy in the Asia-Pacific re- gress regarding high level visits to the sures. But I thank both the gentle- gion. United States by democratically-elect- woman from Florida and the gen- The SPEAKER pro tempore. Pursu- ed officials of Taiwan, as amended. ant to the rule, the gentleman from tleman for their work on this impor- The Clerk read the title of the con- American Samoa (Mr. FALEOMAVAEGA) tant issue. current resolution. and the gentlewoman from Florida (Ms. Mr. Speaker, I urge all my colleagues The text of the concurrent resolution ROS-LEHTINEN) each will control 20 to vote for this particular bill. is as follows: Mr. HERGER. Mr. Speaker, I rise in support minutes. H. CON. RES. 136 of H.R. 957. The Chair recognizes the gentleman On May 23, 2007, the International Atomic Whereas, for over half a century, a close from American Samoa. relationship has existed between the United Energy Agency, IAEA, reported that Iran is GENERAL LEAVE States and Taiwan, which has been of enor- continuing to enrich uranium in blatant defi- mous political, economic, cultural, and stra- Mr. FALEOMAVAEGA. Mr. Speaker, ance of three U.N. resolutions. The IAEA also tegic advantage to both countries; I ask unanimous consent that all Mem- concluded that Iran could develop nuclear Whereas Taiwan is one of the strongest bers may have 5 legislative days to re- weapons in as few as three years. Iran’s democratic allies of the United States in the vise and extend their remarks and in- President has called for Israel to be, and I Asia-Pacific region; clude extraneous material on the reso- quote, ‘‘wiped off the map.’’ The prospect of Whereas it is United States policy to sup- lution under consideration. this extreme regime developing nuclear arms port and strengthen democracy around the The SPEAKER pro tempore. Is there represents a grave threat to the United States world; objection to the request of the gen- Whereas, during the late 1980s and early and its allies in the Middle East, Europe, and tleman from American Samoa? 1990s, Taiwan made a remarkable transition There was no objection. globally. to a full-fledged democracy with a vibrant I believe the international community must economy and a vigorous multi-party polit- b 1430 stand united against Iran. We and our allies ical system that respects human rights and Mr. FALEOMAVAEGA. Mr. Speaker, must do everything possible on a multilateral the rule of law; I yield myself such time as I may con- basis—diplomatically, politically, and economi- Whereas in spite of its praise for democ- sume. cally—to prevent Iran from acquiring nuclear racy in Taiwan, the United States Govern- I rise in strong support of this resolu- arms capability. The United Nations, in par- ment continues to adhere to guidelines from the 1970s that bar the President, Vice Presi- tion, and I would first like to commend ticular, must adopt additional, stronger meas- dent, Premier, Foreign Minister, and Defense the gentleman from Ohio (Mr. CHABOT) ures to stop this hostile regime dead in its Minister of Taiwan from coming to Wash- for introducing this important resolu- tracks. ington, DC; tion. Although I question the effectiveness of uni- Whereas these restrictions deprive the Mr. Speaker, Taiwan was once a po- lateral sanctions, I believe that drafted cor- President, Congress, and the American pub- litically backward, authoritarian state

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.075 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8869 living under the cloud of martial law States should be lifted so we can resolution. I thank the gentleman from and serious human rights abuses. In strengthen our crucial relationship. Ohio (Mr. CHABOT) for authoring it. the matter of a few short decades, it I recall years ago when Taiwan’s first Mr. Speaker, I reserve the balance of has transformed itself into a thriving elected President, Mr. Lee, was invited my time. and energetic democracy that is a shin- by his alma mater, Cornell University, Mr. FALEOMAVAEGA. Mr. Speaker, ing beacon for human rights all over where he obtain his doctorate degree in I commend the gentlewoman from the Asian-Pacific region. agricultural science. There was a whole Florida (Ms. ROS-LEHTINEN) for her Based on our mutual commitment to bunch of problems created due to the kind remarks, and I commend the gen- freedom and democracy, the U.S.-Tai- fact that an elected leader from Tai- tleman from Ohio (Mr. CHABOT) who wan relationship has blossomed in step wan wanted to visit his alma mater, could not make it because of travel with Taiwan’s own revolution. Our two Cornell University, and he was prohib- problems. Quoting also from the words nations now share a complex web of ited simply because he was an elected of Confucius, there are many acquaint- economic, political and strategic ties official. ances but very few friends, and I be- that only deepen over time. Mr. Speaker, this is a commonsense lieve we are one of the few friends Tai- A fundamental element of our bur- resolution which I strongly support wan has, and we should continue that geoning relationship is our people-to- and urge my colleagues to support. relationship. people ties. With open arms, we have Mr. Speaker, I reserve the balance of Mr. Speaker, I reserve the balance of welcomed Taiwan’s businessmen, its my time. my time. students, its scientists, and its artists. Ms. ROS-LEHTINEN. Mr. Speaker, I Ms. ROS-LEHTINEN. Mr. Speaker, I My recollection is over 90,000 students yield myself such time as I may con- am pleased to yield such time as he from Taiwan attend our colleges and sume. may consume to the gentleman from universities throughout our country. Mr. Speaker, the sponsor of this reso- New Mexico (Mr. PEARCE). But when it comes to Taiwan’s demo- lution, Mr. CHABOT, is unfortunately Mr. PEARCE. Mr. Speaker, I would cratically elected leaders, the United delayed due to airport difficulties, but again say thanks to the gentleman States, under both Democratic and Re- his statement will be included for the from American Samoa (Mr. publican administrations, has repeat- RECORD. FALEOMAVAEGA) and the gentlewoman edly slammed the door in their face. Confucius once declared that ‘‘greet- from Florida (Ms. ROS-LEHTINEN) for Why, when the Government of Taiwan ing an old friend from afar is one of their work on this issue and for the is a key player in the Asia-Pacific re- life’s greatest pleasures.’’ Well, the time that they are yielding. gion, do we prevent their highest-level purpose of this resolution is to carry I first became acquainted with Tai- decision makers from even traveling to out this wise saying of Confucius, for wan when I flew there. I was stationed the United States? the leaders and people of Taiwan have in Southeast Asia in the military Air This ill-considered policy toward Tai- been among the most steadfast friends Force, and we had missions in and out wan’s democratically elected leader- of the United States in the Asia-Pacific of Taipei and other airfields, and I ship is due to one simple fact: Our pol- region. From the dark days of the Ko- began to have a love for the Chinese icymakers in the White House and rean War and the Taiwan Strait crisis people there in Taiwan. State Department cringe in fear that of the late 1950s, the people of Taiwan After I came back to the United Beijing or the People’s Republic of and the people of the United States States, I met a good friend who had China will be upset if we welcome Tai- have stood together against the threat come from Taiwan and opened a small wan’s leaders to our Nation. of communist tyranny. restaurant in my hometown of Hobbs, To say that this reasoning is wrong- A half century of friendship has de- New Mexico. Joe Ye and his wife and headed is an understatement. Wel- veloped, with deepening commercial their son have been long friends of our coming Taiwanese officials does not ties, and in more recent years, a shared family. We have had many deep discus- mean that we have abandoned the One love of democratic values. It is only sions about the future of Taiwan. China Policy nor recognize or endorse natural, as Confucius noted, to warmly So it was with some alarm that I Taiwan’s secession from China. It is welcome the leaders of such close went to Beijing and heard meeting simply an acknowledgement that Tai- friends to Washington. after meeting where the leadership of wan is a democracy, and we treat But the restrictions placed on travel that country began to say that Taiwan democratically elected officials with to our country by democratically elect- needs to understand that they should respect. ed officials in Taiwan, adopted by a se- voluntarily admit to being part of High-level visits also advance our ries of U.S. administrations, is a self- mainland China. And then the question policy of maintaining peace in the Tai- inflicted wound. The often-quoted arose, What if they don’t voluntarily wan Strait through diplomacy and ne- Shanghai communique issued in 1972 do that? The response was always a gotiation. Taiwan’s leaders need to contains no such restriction. Nor is very unanimous, straightforward, Then hear firsthand that the American peo- there any limitation spelled out in the we will do it for them militarily. ple strongly support Taiwan and hope Taiwan Relations Act. In this regard, Those things began to alert me that for a peaceful, mutually acceptable the intentions of Congress in the Tai- we have in the future very difficult outcome to the tensions across the Tai- wan Relations Act are clear: ‘‘To pro- questions that we need to answer wan Strait. mote the foreign policy of the United among ourselves here about our old The current, antiquated policy cuts States by authorizing the continuation friendships. If we do not have the inter- us from valuable opportunities to gath- of commercial, cultural and other rela- nal strength, the internal courage, if er information and exchange views on tions between the people of the United we do not have the political will to matters of critical importance to the States and the people of Taiwan.’’ How stand by those countries that have United States; it reduces the ability of can such relations be promoted with- stood by us, to remember those old both the Taiwanese and the American out direct communications between of- friends from afar, then this Nation will people to strengthen economic and cul- ficials of the United States and Tai- indeed begin to undercut the basis of tural ties; and it limits American ac- wan? friendship for many countries, because cess to world leaders who play a direct No one likes being told whom they each one of us is measured by how we role in the interest of the United can or cannot invite to their own live our lives and how we act. And our States. Perhaps most profoundly, Mr. home. Americans consider their home government, no less, is measured by Speaker, our outdated policy is pro- to be ‘‘their castle,’’ with a sacred the way it responds. If we respond to foundly disrespectful to the leadership right to decide their own affairs with- old friends by walking away, by turn- of a democratic friend of the United in. No outsider should dictate rules and ing our back, by not letting them come States. regulations within the American home. here to visit, it is one of the most in- This resolution expresses the sense of So let’s put out the welcome mat for sensible and insensitive things that we Congress that the restriction on travel our friends, the democratically elected can do. for high-level elected and appointed of- officials from Taiwan, by giving over- I really appreciate the work of both ficials from Taiwan to the United whelming support to this long overdue parties. Again, this is a good bipartisan

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.079 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8870 CONGRESSIONAL RECORD — HOUSE July 30, 2007 effort to express the sense of this Con- year to urge that restrictions should be lifted The SPEAKER pro tempore. The gress that we will remember our friend- for high-level visits by appointed and demo- question is on the motion offered by ships and that we will honor those rela- cratically elected leaders of Taiwan. the gentleman from American Samoa tionships, that we do understand the Our misguided Taiwan policy is nothing (Mr. FALEOMAVAEGA) that the House importance of the future and the past new. The so-called ‘‘One China’’ policy is a bi- suspend the rules and agree to the con- as we consider who we will spend our partisan mistake—begun in the Nixon-Kis- current resolution, H. Con. Res. 136, as time with. And we as a Nation must singer era and exacerbated by President amended. understand that our government’s ac- Carter’s abrogation of our Mutual Defense The question was taken; and (two- tions are reflecting every day a value Treaty in 1980. It continues to this day. thirds being in the affirmative) the system. Those value systems should re- Just last week, dozens of Members of Con- rules were suspended and the concur- flect what we, the American people, gress welcomed Taiwan’s Democrat Progres- rent resolution, as amended, was would have, not what seems politically sive Party’s nominee for the Presidency, Mr. agreed to. correct or convenient at the moment. Frank Hsieh, to our Nation’s Capitol. There A motion to reconsider was laid on That is not the way I want to be was a little gallows humor at the gathering be- the table. judged, and I don’t think it is the way cause, in fact, if Mr. Hsieh wins the election f that people in this House want to be next year, he will no longer be able to come SENSE OF HOUSE THAT JAPAN judged. I urge all Members to support to visit with his friends in Washington, D.C. SHOULD APOLOGIZE FOR ITS IM- this resolution to send a loud message Our insulting policy toward our democratic PERIAL ARMED FORCE’S COER- to our friends in Taiwan that we do re- friend and ally should be cast aside to reflect CION OF YOUNG WOMEN INTO member you and we do welcome you. the reality of our strong relationship with Tai- SEXUAL SLAVERY Ms. ROS-LEHTINEN. Mr. Speaker, I wan. Taiwan is a vibrant democracy of some Mr. LANTOS. Mr. Speaker, I move to yield back the balance of my time. 23,000,000. It is our 8th largest trading partner Mr. FALEOMAVAEGA. Mr. Speaker, suspend the rules and agree to the reso- and the world’s 18th largest economy. The lution (H. Res. 121) expressing the sense I commend the gentleman from New Taiwanese people enjoy a full range of free- Mexico (Mr. PEARCE) for his eloquent of the House of Representatives that doms not enjoyed on the other side of the Tai- the Government of Japan should for- statement in support of this resolution. wan Strait—freedom of religion, freedom of Mr. TANCREDO. Mr. Speaker, I rise in sup- mally acknowledge, apologize, and ac- the press, and freedom to elect all of their port of House Concurrent Resolution 136. ... cept historical responsibility in a clear This common-sense legislation is long over- leaders. and unequivocal manner for its Impe- Taiwan is a model for young democracies due. rial Armed Force’s coercion of young This resolution will help open the lines of and a great friend to the United States. We women into sexual slavery, known to communication between government leaders should recognize that friendship by aban- the world as ‘‘comfort women’’, during in Taiwan, and their counterparts here in the doning our insulting policy on high level visits its colonial and wartime occupation of United States. and welcoming our Taiwanese friends with Asia and the Pacific Islands from the The resolution makes it clear once again open arms. It is the right thing to do. 1930s through the duration of World that the U.S. Department of State that they I urge support of the resolution. War II, as amended. should not take actions to prevent high level Mr. ENGEL. Mr. Speaker, I rise today in The Clerk read the title of the resolu- exchanges between the government of Taiwan strong support of H. Con. Res. 136 which ex- tion. and the government of the United States. I presses the sense of Congress that restric- The text of the resolution is as fol- say ‘‘again’’ because Federal law already tions on visits to the United States by high- lows: makes it clear that high ranking Taiwanese of- level elected officials from Taiwan—including H. RES. 121 ficials are already explicitly authorized to visit the President of Taiwan—should be lifted. And Whereas the Government of Japan, during the United States. I thank my friend, Mr. CHABOT of Ohio, for in- its colonial and wartime occupation of Asia Public Law 103–416 says that the President troducing this important resolution. and the Pacific Islands from the 1930s of Taiwan or any other high-level should be Taiwan is without a doubt one of the most through the duration of World War II, offi- admitted for discussions with U.S. government important allies of the United States in the cially commissioned the acquisition of Asia Pacific region. Taiwan is a rising eco- young women for the sole purpose of sexual officials about important policy issues unless servitude to its Imperial Armed Forces, who he or she is excludable under the immigration nomic power and has consistently ranked as one of the top ten U.S. export markets. In became known to the world as ianfu or laws of the United States. ‘‘comfort women’’; Unfortunately, like so many other laws this 2005, U.S.—Taiwan bilateral trade totaled $57 Whereas the ‘‘comfort women’’ system of Congress has passed, is simply ignored by billion. In addition, our political ties with Tai- forced military prostitution by the Govern- the State Department. The Department seems wan have become ever more important in a ment of Japan, considered unprecedented in more interested in complying with communist world where China is increasing its global its cruelty and magnitude, included gang China’s demands than in following the laws reach. rape, forced abortions, humiliation, and sex- made by this democratically elected Congress. I am the Chairman of the House Foreign Af- ual violence resulting in mutilation, death, As a result of this defiance, it has become fairs Subcommittee on the Western Hemi- or eventual suicide in one of the largest cases of human trafficking in the 20th cen- nearly impossible for President Chen, Vice sphere. In Central America and the Caribbean, I have seen China continue to expand its tury; President Annette Lu and other high ranking Whereas some new textbooks used in Japa- Taiwanese officials travel to Washington, DC presence while Taiwan becomes increasingly nese schools seek to downplay the ‘‘comfort even for routine meetings with administration isolated. Given these realities in our own women’’ tragedy and other Japanese war officials. Instead, these officials are often con- hemisphere, I believe that we must work crimes during World War II; fined to cities far from the Nation’s Capital, closely with Taiwan to increase its global visi- Whereas Japanese public and private offi- and often only then as a point of transit en bility and membership in international organi- cials have recently expressed a desire to di- route to another country. This is unconscion- zations when it is strategically and politically lute or rescind the 1993 statement by Chief Cabinet Secretary Yohei Kono on the ‘‘com- able. feasible. Given our strong political and economic re- fort women’’, which expressed the Govern- Mr. Speaker, we host all kinds of foreign ment’s sincere apologies and remorse for leaders in Washington because a two-way dia- lationship, it would seem inconceivable that their ordeal; logue is important for maintaining and improv- we would place restrictions on high-level elect- Whereas the Government of Japan did sign ing our cultural, economic—and yes—security ed officials of Taiwan during their visits to the the 1921 International Convention for the interests around the world. Keeping an open United States. Taiwan is a key U.S. ally which Suppression of the Traffic in Women and channel with our democratic allies in Taiwan is is trying hard to maintain its international posi- Children and supported the 2000 United Na- part of that process. tion, and we should give Taiwan our strong tions Security Council Resolution 1325 on I am pleased that my friend Mr. CHABOT has support. I commend Mr. CHABOT for intro- Women, Peace, and Security which recog- worked so hard to bring this bill to the floor ducing this important resolution and hope that nized the unique impact on women of armed conflict; today. And I strongly support his efforts to Congress can work closely with the Bush Ad- Whereas the House of Representatives help improve our communication with our ministration to ensure that these restrictions commends Japan’s efforts to promote human friends and allies in Taiwan. are actually removed. security, human rights, democratic values, Mr. CHABOT. Mr. Speaker, it’s very unfortu- Mr. FALEOMAVAEGA. I yield back and rule of law, as well as for being a sup- nate that we have to come back year after the balance of my time. porter of Security Council Resolution 1325;

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.080 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8871 Whereas the United States-Japan alliance colleague, the gentleman from Cali- ‘‘licensed prostitution that was com- is the cornerstone of United States security fornia (Mr. HONDA), for introducing monplace around the world at the interests in Asia and the Pacific and is fun- this very important resolution and for time.’’ This is a ludicrous and infuri- damental to regional stability and pros- all his hard work to give voice to the ating assertion. perity; Our resolution calls on the Govern- Whereas, despite the changes in the post- so-called ‘‘comfort women.’’ cold war strategic landscape, the United Mr. Speaker, the true strength of a ment of Japan officially to acknowl- States-Japan alliance continues to be based nation is tested when it is forced to edge and to apologize for the appalling on shared vital interests and values in the confront the darkest chapters in its acts that Imperial Japan committed Asia-Pacific region, including the preserva- history. Will it have the courage to against the so-called ‘‘comfort tion and promotion of political and economic face up to the truth of its own past, or women.’’ It seeks admission of an ap- freedoms, support for human rights and will it run from that truth in the fool- palling truth. Failure to do so would democratic institutions, and the securing of ish hope that truth will fade with time. signal to others around the globe that prosperity for the people of both countries The Government of Japan’s unwill- such horrors can be perpetrated again and the international community; and treated just as cavalierly as they Whereas the House of Representatives ingness to offer a formal and unequivo- commends those Japanese officials and pri- cal apology to the women forced by its have been in this case. vate citizens whose hard work and compas- Army to be sex slaves during World But most importantly, Mr. Speaker, sion resulted in the establishment in 1995 of War II stands in stark contrast to Ja- it speaks out for the victims of this Japan’s private Asian Women’s Fund; pan’s positive role in the world today. monstrous system who were terrorized Whereas the Asian Women’s Fund has Japan is a proud global leader and a and brutalized by men at war. It gives raised $5,700,000 to extend ‘‘atonement’’ from valued ally of the United States, which voice to these courageous women the Japanese people to the comfort women; makes its unwillingness to account whom others have tried to silence and through shame, bigotry, and threats of Whereas the mandate of the Asian Wom- honestly for this part of its past all the more perplexing. further violence. en’s Fund, a government-initiated and large- It is appropriate that this House ly government-funded private foundation The U.S.-Japan relationship, Mr. stand up for these women who ask only whose purpose was the carrying out of pro- Speaker, is the bedrock of peace and that the truth be honored. The world grams and projects with the aim of atone- stability in the Asia-Pacific region. awaits a full reckoning of history from ment for the maltreatment and suffering of Our reliance and friendship are based the Japanese Government. the ‘‘comfort women’’, came to an end on on mutual respect and admiration. And March 31, 2007, and the Fund has been dis- I strongly support this resolution, together, we have helped promote our banded as of that date: Now, therefore, be it and I urge all of my colleagues to do Resolved, That it is the sense of the House shared values of democracy, economic the same. of Representatives that the Government of opportunity and human rights through- Mr. Speaker, I reserve the balance of Japan— out Asia. Yet Japan’s refusal to make my time. (1) should formally acknowledge, apolo- an official government apology once Ms. ROS-LEHTINEN. Mr. Speaker, I gize, and accept historical responsibility in a and for all to the women who suffered yield myself such time as I may con- clear and unequivocal manner for its Impe- as so-called ‘‘comfort women’’ is dis- sume. rial Armed Forces’ coercion of young women turbing to everyone who values the into sexual slavery, known to the world as I rise also in support of this resolu- ‘‘comfort women’’, during its colonial and U.S.-Japan relationship. tion, which strikes an important bal- wartime occupation of Asia and the Pacific No nation can disregard its own past, ance, protecting the integrity of his- Islands from the 1930s through the duration neither the actions of a few nor the ac- tory and recognizing present-day re- of World War II; tions of many. Inhumane deeds should ality. It also addresses an issue of great (2) would help to resolve recurring ques- be fully acknowledged, a spotlight significance for the peoples of the Asia tions about the sincerity and status of prior shined on the whole truth. This is es- Pacific region. statements if the Prime Minister of Japan sential to national reconciliation, and The tragedy of the ‘‘comfort were to make such an apology as a public it helps the victims to heal. With- women,’’ the thousands of Asian and statement in his official capacity; European women forced into sexual (3) should clearly and publicly refute any holding that acknowledgment only claims that the sexual enslavement and traf- compounds the cruelty. slavery by the Imperial Japanese Army during the first half of the 20th cen- ficking of the ‘‘comfort women’’ for the Jap- b 1445 anese Imperial Armed Forces never occurred; tury, was a horrific crime. For the sur- and Post-war Germany, with the most viving ‘‘comfort women’’ these issues (4) should educate current and future gen- horrendous crimes in its history, made are not historical; they are profoundly erations about this horrible crime while fol- the right choice. Japan, on the other personal. Some of them were in our lowing the recommendations of the inter- hand, has actively promoted historical Foreign Affairs Committee when this national community with respect to the amnesia. bill was marked up. Attempts to deny ‘‘comfort women’’. The facts, Mr. Speaker, are plain. or minimize these facts are a disservice The SPEAKER pro tempore. Pursu- There can be no denying that the Japa- to future generations. ant to the rule, the gentleman from nese Imperial military coerced thou- The case of Darfur, which we spoke California (Mr. LANTOS) and the gentle- sands upon thousands of Asian women, about earlier today, Mr. Speaker, re- woman from Florida (Ms. ROS- primarily Chinese and Koreans, into minds us all that the issue of the use of LEHTINEN) each will control 20 minutes. sexual slavery during the Second World military force to abuse women, to The Chair recognizes the gentleman War. abuse children through rape and exploi- from California. The continued efforts by some in tation is one which we need to look at GENERAL LEAVE Japan to distort and deny history and and one which unfortunately continues Mr. LANTOS. Mr. Speaker, I ask play a game of blame-the-victim are to this very day. unanimous consent that all Members nauseating. Those who posit that all of At the same time, the resolution may have 5 legislative days to revise the ‘‘comfort women’’ were happily makes clear that Japan has been a and extend their remarks and include complicit and acting of their own ac- vital ally of the United States and a extraneous material on the resolution cord simply don’t understand the generous benefactor of the inter- under consideration. meaning of the word ‘‘rape.’’ national community through several The SPEAKER pro tempore. Is there On June 14, members of the Japanese decades. It has been a strong ally of the objection to the request of the gen- Government took out a shocking ad- United States on issues relating to, for tleman from California? vertisement in The Washington Post example, nonproliferation. There was no objection. that attempted to smear the survivors It was recently reported that three Mr. LANTOS. Mr. Speaker, I rise in of the comfort women system, includ- Japanese banks have stopped engaging strong support of this resolution, and I ing those who bravely testified before in any new business with Iran and that yield myself such time as I may con- our own House Foreign Affairs Com- Japanese financial institutions are re- sume. mittee. The ad suggested that these stricting loans and rejecting an Iranian Mr. Speaker, let me first commend women, who were forcibly and repeat- request to pay for oil imports in cur- my good friend and our distinguished edly raped by soldiers, were engaged in rency other than dollars.

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.121 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8872 CONGRESSIONAL RECORD — HOUSE July 30, 2007 So we are proud of the U.S.-Japan al- Japan that it should deliver an official, both countries have benefited greatly liance and grateful for the friendship of unequivocal, unambiguous apology for from that relationship. However, it is a the people of Japan. At the same time, the indignity the ‘‘comfort women’’ true friend that will tell another when we should also recognize that the issue suffered. it is wrong, and I believe the United of unresolved historic grievances from Too many times we’ve seen women States has an obligation as an ally to the Pacific war is one that cannot be victimized by war and conflict. The ex- Japan to stand up against this atrocity ignored. It is through reconciliation of perience of these women is a vivid re- and to reveal to the world in appro- these issues that our Asian allies can minder that the human rights of priate fashion. work constructively together, as is the women around the world are never It is time for the stories of the ‘‘com- case with our European allies, and the fully secure. We know that rape, sexual fort women’’ to be told. It is because achievement of regional harmony is in abuse and sometimes murder of women these courageous women are speaking America’s vital national security inter- and girls in war are still committed by out and refusing to be silenced that the ests. armies in various countries. One thinks United States and the world can finally Mr. Speaker, I reserve the balance of of Darfur, Bosnia, and East Timor. learn why this issue is so important my time. We must teach future generations and why we must never allow it to be Mr. LANTOS. Mr. Speaker, I am that we cannot allow this to happen. repeated ever again on this planet. pleased to yield 5 minutes to my good Mr. Speaker, encouraging our good I urge support for this resolution. friend and our distinguished colleague friend and ally, the Government of Mr. LANTOS. Mr. Speaker, I am from California (Mr. HONDA), the prin- Japan, to officially and unequivocally pleased to yield 5 minutes to my good cipal author of this important resolu- apologize is, in my mind, my heart and friend, the distinguished chairman of tion. the minds and hearts of all those con- the Subcommittee of Asia, the Pacific Mr. HONDA. Mr. Speaker, I rise cerned about protecting human rights, and the Global Environment, ENI today to express my unconditional and the right thing to do. FALEOMAVAEGA. heartfelt support for those I have always believed that reconcili- (Mr. FALEOMAVAEGA asked and euphemistically known to the world as ation is the first step in the healing was given permission to revise and ex- ‘‘comfort women.’’ process, and I am proud to be here tend his remarks.) Let me at the outset thank Chairman today on this truly historic occasion to Mr. FALEOMAVAEGA. Mr. Speaker, LANTOS; the vice chair of the sub- continue to advocate with every fabric I want to thank the distinguished committee, ENI FALEOMAVAEGA; and of my being for that principle. chairman of our House Foreign Affairs the ranking member, ILEANA ROS- I urge my colleagues to join me in Committee, my good friend and chair- LEHTINEN. I really appreciate your sup- support of protecting and defending the man, TOM LANTOS, and also our senior port and your strong, clear statements. human rights of ‘‘comfort women’’ by ranking member, Ms. ROS-LEHTINEN, Today, the House will make history voting ‘‘yes’’ on H. Res. 121. for their leadership and efforts in as we consider the passage of H. Res. Ms. ROS-LEHTINEN. Mr. Speaker, I bringing H. Res. 121 to the floor today. 121, a resolution I introduced which am pleased to yield such time as he I also want to thank our colleagues, seeks an official apology for what the may consume to the gentleman from and the gentleman from California es- ‘‘comfort women’’ endured under Ja- Virginia (Mr. TOM DAVIS). pecially as the chief sponsor of this leg- pan’s Imperial Armed Forces during Mr. TOM DAVIS of Virginia. Mr. islation, which has the support of some World War II. Speaker, I rise today in strong support 146 Members, both Republicans and On this day, I must recognize my of H. Res. 121. I want to thank Mr. Democrats, fully supporting the provi- good friend and mentor and former col- HONDA, the chief sponsor for this legis- sions of this resolution. I also want to note, this resolution league, Representative Lane Evans, lation, Chairman LANTOS, Ms. ROS- was previously passed by the Inter- whose irreproachable character gave LEHTINEN, Mr. FALEOMAVAEGA and oth- national Relations Committee in the these women hope. The legacy of his ers who have helped bring this to the last Congress, under the able leader- spirit has remained with me through- floor. ship of our previous chairman, the gen- out this incredible journey, during This resolution is long overdue. I’m a tleman from Illinois, Mr. HYDE. which it has been my personal honor to proud cosponsor of this resolution be- cause it is time for these women to tell And I would be remiss if I did not have carried this torch, and I know also mention the name of another gen- their story to the world. It is time for that his spirit is with me today too. If tleman from Illinois, my good friend the world to know how horribly hu- he is watching, I would like to thank Mr. Lane Evans, who was also a cham- mans can treat other humans in times him for his unparalleled courage and pion of this legislation. of war and conflict, and it is time for tireless efforts to bring justice and the Mr. Speaker, H. Res. 121 seeks to ex- restoration of dignity to the ‘‘comfort the Government of Japan to own up to press the sense of the U.S. House of women’’ survivors. Lane, semper fi. the wrongs that it committed toward Representatives that the Government I would also like to recognize Ms. Lee these women. of Japan should formally acknowledge, During World War II, between 100,000 Yong-Soo, a survivor of the comfort apologize and accept historical respon- and 200,000 women were abducted from stations who is here today with us. Ms. sibility in a clear and unequivocal their homes in Japan and occupied Lee has been a stalwart and passionate manner for its Imperial Armed Forces lands, including Korea and China and advocate for herself and her fellow sur- coercion of teenage girls and young the Philippines, and forced into the sex vivors. women into a sexual slavery, On February 15 of this year, Ms. Lee trade for the benefit of the Japanese euphemistically known as ‘‘comfort was joined by Ms. Jan Ruff-O’Herne Army. To deny this tragedy is to allow women,’’ system during its colonial and Ms. Kim Koon-Ja as witnesses in a it to happen again. We prevent history and wartime occupation of Asia and hearing before the Asia, the Pacific and from repeating itself only when we ac- the Pacific islands from the late 1930s Global Environment Subcommittee, tually learn from history, not when we throughout the duration of World War chaired by my good friend ENI try to deny and obfuscate the truth. II. FALEOMAVAEGA. I would also like to When U.S. Government placed Amer- On February 7 of this year, the For- thank him and Chairman TOM LANTOS icans of Japanese descent into intern- eign Affairs Subcommittee on Asia, the for their outspoken support for these ment camps in World War II, we were Pacific and the Global Environment women. wrong; and we have since apologized to held a hearing on H. Res. 121, the first The survivors’ riveting and gut- the families of those victims. This is time ever in the history of the United wrenching testimony about the horrors the measure of responsible leadership. States Congress that three surviving they endured as former ‘‘comfort When we implore our friends across the ‘‘comfort women’’ testified for the women’’ brought us all to tears and im- Pacific to apologize for their many record. pacted me profoundly. Their courage mistakes, we ask for no more than and indomitable spirit will continue to what we as Americans are willing to do b 1500 inspire me every day. ourselves. Ms. Lee Yong-Soo is with us today, Mr. Speaker, today the House will Japan has been a strong ally of the and I want to especially commend her send a message to the Government of United States for years, and I believe and Ms. Koon Kim Lee and

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.083 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8873 Ms. Jan Ruff O’Herne for their courage ery at comfort stations under a coercive at- Relations Committee in the last Congress and their faith and their belief that one mosphere. under the able leadership of our previous day their story would be told and, in As to the origin of those comfort women Chairman, the gentleman from Illinois, Mr. who were transferred to the war areas, ex- part, their suffering would be set right. cluding those from Japan, those from the Henry Hyde. I would be remiss if I did not also I encourage the world to read their Korean Peninsula accounted for a large part. mention the name of our former colleague and moving testimony, which has brought The Korean Peninsula was under Japanese friend, Mr. Lane Evans also from Illinois, who us to this moment when the United rule in those days, and their recruitment, championed this bill for years. States of America will stand arm in transfer, control, etc., were conducted gen- Mr. Speaker, H. Res. 121 seeks to express arm with these noble women in de- erally against their will, through coaxing, the sense of the U.S. House of Representa- manding an official apology from the coercion, etc. tives that the Government of Japan should for- Government of Japan. Undeniably, this was an act, with the in- volvement of the military authorities of the mally acknowledge, apologize, and accept his- The comfort women system orga- day, that severely injured the honor and dig- torical responsibility in a clear and unequivocal nized, managed and administered by nity of many women. The Government of manner for its Imperial Armed Force’s coer- the Imperial Army of Japan is consid- Japan would like to take this opportunity cion of teenage girls and young women into ered one of the 20th century’s most ex- once again to extend its sincere apologies sexual slavery, euphemistically known as the tensive cases of human trafficking and and remorse to all those, irrespective of ‘‘comfort women’’ system, during its colonial ignored violations of human rights. It place of origin, who suffered immeasurable and wartime occupation of Asia and the Pa- was unprecedented in its cruelty and pain and incurable physical and psycho- cific Islands from 1930s and through the dura- magnitude as teenage girls and young logical wounds as comfort women. It is incumbent upon us, the Government tion of World War II. women were raped, systematically of Japan, to continue to consider seriously, On February 15, 2007, the Foreign Affairs’ beaten, tortured, drugged, mutilated while listening to the views of learned cir- Subcommittee on Asia, the Pacific and Global and sometimes even murdered. cles, how best we can express this sentiment. Environment held a hearing on H. Res. 121, According to the United Nations We shall face squarely the historical facts and, for the first time ever in the history of the Commission on Human Rights, soldiers as described above instead of evading them, U.S. Congress, three surviving comfort women and take them to heart as lessons of history. of the Japanese Imperial Army ab- testified for the record. ducted and forced some 200,000 young We hereby reiterated our firm determination never to repeat the same mistake by forever Ms. Young Soo Lee is with us today and I teenage girls and young women from engraving such issues in our memories want to especially commend her and Ms. Korea, from China, from the Phil- through the study and teaching of history. Koon Kim and Ms. Jan Ruff O’Herne for their ippines, from Indonesia, from the As actions have been brought to court in courage and their faith and their belief that Dutch Indies, and other women, forced Japan and interests have been shown in this one day their story would be told and, in part, them into sexual enslavement and issue outside Japan, the Government of their suffering would be set right. I encourage Japan shall continue to pay full attention to abuse. the world to read their moving testimony which Today the Government of Japan con- this matter, including private researched re- lated thereto. has brought us to this moment when the tends that it has apologized and ac- United States of America will stand arm in arm The Kono statement is often cited as cepted responsibility for its atrocities. with these noble women in demanding an offi- Japan’s official apology, although it But it wasn’t until 1980s and the 1990s cial apology from the Government of Japan. that major publications in Japan began was never endorsed officially by any of Japan’s prime ministers and members The ‘‘comfort women’’ system, organized, to describe the details of the comfort managed and administered by the Imperial women, and it also wasn’t until 1992 in of cabinets. At the time the chief cabi- net secretary was considered part press Army of Japan, is considered to be one of the response to these developments that 20th century’s most extensive cases of human Japan’s Chief Secretary, cabinet sec- secretary, part chief of staff but never an official member of cabinet, nor can trafficking and ignored violations of human retary, Yahei Kono, issued an official rights. It was unprecedented in its cruelty and statement. After a 2-year period, the he ever present himself as an acting prime minister. magnitude as teen-age girls and young foreign ministry of Japan conducted women were systematically raped, beaten, tor- this research, and it did make the ad- 2001, Prime Minister Koizumi issued a statement. However, only statements tured, drugged, mutilated, and sometimes mission. murdered. According to the United Nations I would include for the RECORD the approved by the cabinet and not the prime minister, are a definitive expres- Commission on Human Rights, soldiers of the full statement of Chief Secretary Kono Japanese Imperial Army, abducted and forced regarding the 2-year study by the Min- sion of government policy in Japan. Without the approval of the cabinet, some 200,000 young teenage girls and young istry of Foreign Affairs. women from Korea, China, the Philippines, In- In 1993, after a two-year study by the all declarations of contrition are con- sidered only personal views. donesian, Dutch, and other women—forced Ministry of Foreign Affairs, under the them into sexual enslavement and abuse. supervision of the Chief Secretary of I want to close my statement and to Today, the Government of Japan contends Cabinet, an equivalent to the Chief-of- say this: Someone once said, ‘‘The that it has apologized and accepted responsi- Staff of the White House, Mr. Yahei greatness of a nation is not necessarily bility for its atrocities. But it wasn’t until the Kon stated: measured by its accomplishments, by its ability, but by its ability to face 1980s and 1990s that major publications in The Government of Japan has been con- honestly its mistakes of the past and Japan began to describe the details of the ducting a study on the issue of wartime ‘‘comfort women’’ system and that countries ‘‘comfort women’’ since December 1991. I then take appropriate action to correct wish to announce the findings as a result of them.’’ occupied by Japan also began to speak out that study. I sincerely hope that this will be about it. I wasn’t until 1992, in response to As a result of the study which indicates taken seriously by our good friends and these developments, that Japan’s Chief Cabi- that comfort stations were operated in ex- the leadership of the Government of net Secretary Yohei Kono issued a statement. tensive areas for long periods, it is apparent Japan. This ‘‘Kono Statement’’ is often cited as Ja- that there existed a great number of comfort I urge my colleagues to support this pan’s official apology although it was never women. Comfort stations were operated in endorsed officially by any of Japan’s prime response to the request of the military au- resolution. thorities of the day. The then Japanese mili- Mr. Speaker, I want to thank Chairman TOM ministers and their cabinets. At the time, the tary was, directly or indirectly, involved in LANTOS of the Committee on Foreign Affairs Chief Cabinet Secretary was considered part the establishment and management of the and our Senior Ranking Member, Ms. ROS- Press Secretary, part Chief of Staff, and never comfort stations and the transfer of comfort LEHTINEN, for their leadership and efforts in an official member of Cabinet, nor can he ever women. The recruitment of the comfort bringing H. Res. 121 to the floor today. I also present himself as an Acting Prime Minister. women was conducted mainly by private re- want to thank our colleague, the gentleman In 2001, Prime Minister Koizumi issued a cruiters who acted in response to the request from California, Mr. HONDA, for his sponsor- statement. However, only statements ap- of the military. The Government study has revealed that in many cases they were re- ship of this bill which has the bipartisan sup- proved by the Cabinet, not the Prime Minister, cruited against their own will, through coax- port of some 146 Members of the U.S. House are a definitive expression of government pol- ing coercion, etc., and that, at times, admin- of Representatives. icy in Japan. Without the approval of the Cabi- istrative/military personnel directly took I also want to make note that this resolution net, all declarations of contrition are consid- part in the recruitments. They lived in mis- was previously passed by the International ered only personal views.

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\CR\FM\K30JY7.086 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8874 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Interestingly, as this topic has gained wide- not necessarily measured by its accomplish- Ms. WOOLSEY. Mr. Speaker, I rise spread attention as result of February’s hear- ments, but by its ability to face honestly its today in support of House Resolution ing, both the Japanese government and press mistakes of the past, and then take appro- 121, and I thank my colleague, MIKE have ignored the fact that Members of Con- priate action to correct them.’’ HONDA, for his leadership on this issue. gress now understand both Japan’s legislative Again, Mr. Speaker, I urge my colleagues to I particularly thank Representative system and history of the Comfort Women support this resolution. Lane Evans, who was with us up until tragedy. We are not ignorant, as some report- Ms. ROS-LEHTINEN. Mr. Speaker, I this year, and I hope he is watching ers have suggested. We know what does and yield such time as he may consume to today, because he was right when he does not constitute an official apology. We are the gentleman from New Mexico (Mr. first introduced this legislation, and also aware of the propaganda being churned PEARCE). his reasons and his legislation remains out by the Japanese press intent on revising Mr. PEARCE. I thank the gentlelady correct and right today. from Florida for yielding time and also history by denying the validity of the ‘‘Comfort Many may claim that the exploi- Women’’ controversy. thank Mr. LANTOS. Mr. Speaker, we have to ask our- tation of the comfort women should be This year, Prime Minister Abe denied the selves exactly why would we be inter- left in the past. That could not be fur- existence of sexual slave camps. Then he re- ested in this particular thing today. ther from the truth. Anyone who has tracted his statement because of pressure Some might claim that it’s an old cir- met these brave women knows that from leaders of the Asia-Pacific region. Now cumstance, that it existed too far in they live with the haunting memories he says that he ‘‘respects’’ the finding of the the past. Others might say that it sim- in the present every single day. The Kono Report of 1993. What does this mean? ply is not our right, not our position, sexual exploitation, some would say I have a special love and affinity for the to enter into the discussion. enslavement, must be marked, and it people of Japan. But more sacred to me is our As far as it being too far in the past, must be remembered. The acts of vio- obligation to emphasize the fact a systematic many times I go into the district of lence the comfort women faced were abduction and raping and abuse of women as New Mexico, the Second District of inhuman, and it cannot be erased. a weapon of war is totally unacceptable, and New Mexico, and I bump into people This should not be a day of sadness. I believe the people of Japan agree. In fact, it from the Vietnam era, people my age. I Today is about accountability and hope can be argued that H. Res. 121 reflects the was there in the 1970s, I flew in Viet- for the future. We will remember that will of the Japanese people. In the only survey nam. Many, many have hearts broken those who did not live to see this day that the Japanese press appears to have pub- by the way a Nation treated them, and and, yet, are still celebrated for their lished on the Comfort Women issue, in 2001, just a word of encouragement, just a courage. In their honor, we will speak Fuji TV’s Hodo asked respondents if they word of saying welcome home, brother, for all of the world here: Never again. thought Japan has apologized sufficiently. brings tears that flow down men and The lesson will be learned. Women 43.8 percent answered no, 37.2 percent an- women’s cheeks from long ago past. are not prizes of war. This has been a swered yes. We have a responsibility to impact long time coming, but there is no stat- Some may say the past is the past and that those circumstances which were not ute of limitations on courage and on the U.S. is also an offender and violator of right, which were not just, and no bet- dignity, and that is what we honor human rights. Maybe this is so. But nowhere ter person than Mr. LANTOS to be talk- today. We honor the perseverance of in recorded history has the U.S. military com- ing about this today, because he under- comfort women. We call on govern- mand as a matter of policy issued a directives stands that. He’s a steady, quiet voice ments worldwide to accept responsi- allowing for the coercion of teenage girls and for reason. Regarding Ms. LEE, who is bility for past deeds and work towards young women into sexual slavery or forced with us today, I would remember the a just future. prostitution. On the other hand, this is exactly words of Aleksandr Solzhenitsyn, who Ms. ROS-LEHTINEN. Mr. Speaker, I what the Japanese military high command did said that the simple step of a coura- have no further requests for time, and and it is an affront to truth for any government geous individual is not to take part in I yield back the balance of our time. to downplay its history. the lie. One word of truth outweighs Mr. LANTOS. Mr. Speaker, I am Civilized society cannot allow history to be the entire world. pleased to yield 3 minutes to my good revised or denied under any circumstances. He went on in that same talk to say friend from Texas (Ms. JACKSON-LEE), a Regardless of what bearing this, or any other that one person of truth impacts the distinguished member of the Foreign issue, may have on bilateral relations, or U.S. whole world. So I think that we are Affairs Committee. foreign policy, civilized society has a moral ob- called to quietly visit with our friends, (Ms. JACKSON-LEE asked and was ligation to remember, to give voice to those the Japanese, and I think they are very given permission to revise and extend who have suffered, to pay living tribute to vic- good friends. I think that we, as good her remarks.) tims past and present, to defend human rights. friends, should quietly say, Friend, it’s Ms. JACKSON-LEE of Texas. I thank Otherwise we run the risk of holocaust. time to acknowledge; it’s time to you, Mr. Chairman, and I thank the Today, I want to commend my colleagues apologize; it’s time to speak. Because ranking member of this committee for for their support and to call upon the Prime the healing just doesn’t occur on the creating the forum to recognize atroc- Minister of Japan and his Cabinet to issue a recipient’s part, on those persons who formal apology. No amount of money, not were wronged; the healing begins in the ities that many have tried to forget. even payments set up by private Japanese heart of those who have perpetrated Let me thank Mr. HONDA, the moving contributions or the Asian Women’s Fund, can the actions. Admission brings a certain force of this legislation and the chair- atone for the suffering of the thousands of humbleness that each one of us begins man of the Subcommittee on Asia, for women victimized at the hands of Japan’s Im- to recognize that we are not above his leadership, and I am so glad we perial Forces before and during, World War II. righteousness, we are not above have all mentioned Lane Evans because While I support any woman’s right to lay rightness, that we are not above jus- of the spirit and the enthusiasm and claim to these funds, I do not believe the Jap- tice, truth. No single one of us is. the determination in which he au- anese government should suggest that a mon- So if we find ourselves at this curious thored this legislation earlier before he etary payment can make right a moral wrong. point saying to a long-time trusted left Congress. So, for me, any and all discussions about the friend, It’s time to acknowledge; it’s Let me also speak to Ms. LEE, who Asian Women’s Fund sufficing as an act of time to apologize; it’s time to recog- remains as a steadfast anchor for all apology falls short of what is relevant. nize what we have done and to change, the women who cannot speak for them- What is relevant is that Japan acknowledge, it’s not a very harsh statement. It’s selves. apologize, and accept historical responsibility not one taken in anger, but it is one Mr. Speaker, I want to take a dif- for its Imperial Armed Force’s coercion of taken with the noblest of objectives, ferent approach. I hope that people do teenage girls and young women into sexual and that is the recognition and the not take lightly what acknowledg- slavery during its occupation of Asia and the healing of a long-overdue act. ment, apologies and accepting histor- Pacific Islands during WWII. Mr. LANTOS. Mr. Speaker, I yield 2 ical responsibility means. This is about Mr. Speaker, I want to conclude by sharing minutes to the distinguished colleague sexual slavery. with my colleagues this statement—someone from California (Ms. WOOLSEY), a mem- I ask my colleagues to just think once said that, ‘‘The greatness of a nation is ber of the Foreign Affairs Committee. that if we were addressing the question

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.124 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8875 today, which we have done in our For- Japanese military testified at a subcommittee at forging the process of healing by facing cer- eign Affairs Committee on sexual slav- hearing chaired by Mr. FALEOMAVAEGA. These tain historical experience and is not intended ery, the holding of women, the debas- women relayed heartbreaking real life ac- as retribution against a partner and ally. ing of women, the degrading of women, counts of years of torment, disease, and sepa- Mr. Speaker, I urge my colleagues to join would most of us be rushing to the ration from their families. These women are me In supporting this important resolution. floor of the House to be able to con- still plagued today by the physical and emo- Mr. ROYCE. Mr. Speaker, I rise in support demn those actions that might be tional scars of the horrendous human rights of H. Res. 121, the Comfort Women Resolu- around us and around the world? abuses committed against them. tion—a resolution that I have supported since This is no less degrading, and its his- On April 26 of this year, my good friend and its initial introduction in the 109th Congress. torical perspective does not diminish the former chairman of the Foreign Affairs Beginning in the 1930s, the Imperial Gov- the responsibility of Japan and of this Committee, Henry Hyde and I co-authored an ernment of Japan orchestrated the enslave- Congress to be able to say to these op-ed in the Washington Times urging ‘the ment of up to 200,000 young Korean women. comfort women, women who were sex- Japanese people to courageously acknowl- Many were abducted from their homes and ual slaves, that we apologize or ask edge and redress the wrongs perpetuated by sent to Japanese military brothels. Others Japan to apologize and hold the nation Imperial Japan’ on these women and ‘to come were lured from their homes under the false historically accountable for those ac- to grips’ with the history of their past. In light pretense of employment. In what was one of tions. of Japan’s recent wavering on the accuracy of the worst cases of human trafficking of the Do you know that today textbooks in historical fact regarding comfort women, I 20th century, the trauma that these women Japan, many of them diminish the ac- stand with my colleagues in urging the Japa- suffered drove many to conceal their past, ei- tions of Japan and the activities that nese Government to very clearly acknowl- ther too embarrassed or scared to speak of it. held the comfort women? These were edge, apologize, and accept historical respon- The surviving victims deserve the recognition women engaged in sexual activities al- sibility in a clear, unequivocal manner for its that they so desire. legedly to give comfort to the military. Imperial Armed Forces’ coercion of young To this day, Japan maintains that this issue So I would simply say, having gone women into sexual slavery. is closed and the sufferings of individuals in- through a number of debates about Ms. JACKSON-LEE of Texas. Mr Speaker, flicted in the war have already been dealt by apologies regarding slavery in Amer- I rise today in support of H. Res. 121, which treaties normalizing its ties with other Asian ica, that apologies do count. It means calls on the Government of Japan to accept countries. Some have pointed to Prime Min- something for those who have suffered formal historical responsibility for one of the ister Abe’s April 27th statement as a formal in a way that they can never, never darkest chapters of World War II history in apology, yet both the Prime Minister himself find an expression for. Asia and the Pacific, the Japanese military’s and Japan’s Foreign Ministry went on record So I rise today to support H. Res. 121 use of ‘‘comfort women’’, the practice of coer- to disavow any alleged apology. It is important and place it in a historical context but cion of young women into sexual slavery. that the Japanese government confronts this in the context of today. We know that I would first like to acknowledge our distin- dark part of Japanese history. if any of those issues arise before us, guished colleague, Mr. HONDA of California, This resolution is as much about today as it we would stand here in condemnation. for introducing this important resolution and for is about yesterday. The world’s strength to op- The comfort women’s plight is no less his persistent efforts in giving voice to the vic- pose killing today is made greater by account- deserving of our Nation, and, of course, tims of these crimes against humanity. ability, for actions present, but also past. It’s a recognition by Japan that an apol- Japan, a loyal ally and one of U.S.’ closest weakened by denial of accountability and ob- ogy, accountability, will go a long way partners, plays a critical role in maintaining the fuscation of past acts. History is a continuum in soothing the deeply embedded pain geopolitical balance in a still volatile region. that affects today and tomorrow. It’s much for those who no longer live but for The Japanese government’s refusal to ac- harder to get tomorrow right if we get yester- those who live and suffer. knowledge the despicable war-time practice of day wrong. I ask my colleagues to support H. its Imperial Army known as ‘‘comfort women’’ I urge my colleagues to support this impor- Res. 121. stands in stark contrasts to the courageous tant resolution. Mr. SMITH of New Jersey. Mr. Speaker, I humanitarian stand the Japanese government Mr. GARRETT of New Jersey. Mr. Speaker, rise today in strong support of H. Res. 121, has taken in a number of humanitarian crises I am pleased that the House today is consid- which calls on the Government of Japan to around the world and to its role as guarantor ering H. Res. 121 which rightly recognizes the formally acknowledge, apologize, and accept for peace in the region. plight of Korean comfort women during the historical responsibility for its role in the coer- Facing up to one of the darkest chapters of 1930s and WorId War II. I was proud to co- cion of young women and girls, its history is a genuine test for the maturity of sponsor this resolution which calls on the na- euphemistically known to the world as ‘comfort a nation. In the aftermath of World War II, the tion of Japan to formally recognize and apolo- women’, to serve as sex slaves in Japanese German nation and its government found the gize for these crimes. military comfort stations from the 1930s courage to account for war crimes that the After the Japanese occupation of Korea in through World War II. Third Reich committed during the war and oc- the 1930s, the army forced young women to I would especially like to thank Mr. HONDA cupation. work in brothels. In some cases kidnapped for his leadership on the issue of ‘comfort There can be no denying that the Japanese women were transported overseas for sexual women’ and for his expression of solidarity military committed those crimes involving thou- servitude. At the end of WorId War II, these with these exploited women and urge each sands of women, mostly of Chinese and Kore- women were left scarred and in many cases and everyone of my colleagues to support this ans descent. It is particularly disturbing that far from home with no resources. resolution. some in Japan are still trying to distort the his- Sadly, there are some in Japan who still in- Mr. Speaker, as you well know, the friend- torical record and are denying that these sist that the army was not formally involved ship and alliance that exists between the crimes took place. The same parties are going with these crimes or that the women chose to United States and Japan establishes stability even a step further and blaming the victims for become involved in prostitution. The evidence and prosperity in Asia and the Pacific and is engaging into prostitution. clearly demonstrates that this was not the essential to our security interests in that re- It is up to this House to call for the Japa- case. It is far past time for the Japanese gov- gion. This resolution calls on the Government nese government to set the record straight, ernment to recognize the role the army played of Japan to strengthen that tie by acknowl- not just for the sake of the past, but also be- in these crimes. edging the facts forever enshrined in history cause rape has been used across the globe Today, we call on them to apologize to the and by publicly denouncing these past hei- today as a weapon of war. By supporting this few women who continue to live with the nous human rights abuses in one of the larg- resolution we send a strong and unambiguous shame of the crimes committed against them. est cases of human trafficking in the 20th cen- signal to the Japanese Government to ac- While the relationship between Korea and tury. knowledge its historical responsibility. We will Japan has improved as both countries turned Only in recent years have these victims of also state Congress’ strong l condemnation of into thriving democracies, the issue of the Imperial Japanese brutality relayed their sto- rape as weapon of war. comfort women continues to come between ries to the world. In fact, just this year, on While support of the resolution will finally them. I hope that this resolution will promote February 15, 2007, three women who knew give voice of the numerous victims of these reconciliation so that both countries can move firsthand the unequivocal pain, suffering and despicable crimes, the Congress’ intent is to together into a future of cooperation and horror of sexual servitude at the hands of the assure our ally Japan that the resolution aims friendship.

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.089 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8876 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Mr. LANTOS. Mr. Speaker, we have Whereas the veterinary report concluded thousands of these baby seals every no additional requests for time and that as many as 42 percent of the seals stud- single year. With stunning barbarism, yield back the balance of our time. ied were likely skinned while alive and con- Canadian hunters swoop in with heavy The SPEAKER pro tempore (Mr. scious; clubs and stun guns to immobilize Whereas the commercial slaughter of seals HINOJOSA). The question is on the mo- in the Northwest Atlantic is inherently these little innocent creatures. They tion offered by the gentleman from cruel, whether the killing is conducted by are then skinned alive simply so that California (Mr. LANTOS) that the House clubbing or by shooting; their soft white fur can adorn winter suspend the rules and agree to the reso- Whereas many seals are shot in the course coats, coats that could be composed of lution, H. Res. 121, as amended. of the hunt, but escape beneath the ice where different materials without torturing The question was taken; and (two- they die slowly and are never recovered, and animals. thirds being in the affirmative) the these seals are not counted in official kill These gruesome images are sadly rules were suspended and the resolu- statistics, making the actual kill level far commonplace in the Canadian North- tion, as amended, was agreed to. higher than the level that is reported; Whereas the commercial hunt for harp and west. The Canadian Government esti- The title was amended so as to read: hooded seals is a commercial slaughter car- mates that over 1 million seals have ‘‘A resolution expressing the sense of ried out almost entirely by non-Native peo- been killed in the most recent 3-year the House of Representatives that the ple from the East Coast of Canada for seal period. Public outcry over this barba- Government of Japan should formally fur, oil, and penises (used as aphrodisiacs in rism led to a ban of all seal products in acknowledge, apologize, and accept his- some Asian markets); the United States and in the European torical responsibility in a clear and un- Whereas the fishing and sealing industries Union in 1983. Unfortunately, the pub- equivocal manner for its Imperial in Canada continue to justify the expanded lic seems to have forgotten that the Armed Forces’ coercion of young seal hunt on the grounds that the seals in the Northwest Atlantic are preventing the grisly practices of commercial seal women into sexual slavery, known to recovery of cod stocks, despite the lack of hunters still go on, and international the world as ‘comfort women’, during any credible scientific evidence to support pressure on Canada to end the hunt has its colonial and wartime occupation of this claim; abated. Asia and the Pacific Islands from the Whereas two Canadian government marine My resolution brings the focus of the 1930s through the duration of World scientists reported in 1994 that the true United States Congress back to this War II.’’. cause of cod depletion in the North Atlantic heinous yearly slaughter. It urges the A motion to reconsider was laid on was over-fishing, and the consensus among Canadian Government to cease this the table. the international scientific community is gruesome practice and bring Canadian that seals are not responsible for the col- f lapse of cod stocks; policy in line with that of the United URGING THE GOVERNMENT OF Whereas harp and hooded seals are a vital States and the European Union. Mr. Speaker, let me note that this CANADA TO END THE COMMER- part of the complex ecosystem of the North- annual seal slaughter, enacted for mere CIAL SEAL HUNT west Atlantic, and because the seals con- sume predators of commercial cod stocks, re- vanity and vulgar consumerism, is also Mr. LANTOS. Mr. Speaker, I move to moving the seals might actually inhibit re- having deleterious effects on the eco- suspend the rules and agree to the reso- covery of cod stocks; system. Nature’s careful balance is lution (H. Res. 427) urging the Govern- Whereas certain ministries of the Govern- being thrown off by the depletion of ment of Canada to end the commercial ment of Canada have stated clearly that the seal population. The barbaric seal there is no evidence that killing seals will seal hunt. hunt disturbs the food chain, hurting The Clerk read the title of the resolu- help groundfish stocks to recover; and Whereas the persistence of this cruel and the fishing industry, which is now suf- tion. needless commercial hunt is inconsistent fering in Canada. The text of the resolution is as fol- with the well-earned international reputa- Ending the commercial seal hunt is lows: tion of Canada: Now, therefore, be it not simply a matter of saving beautiful H. RES. 427 Resolved, That the House of Representa- and innocent animals that tug at our Whereas on November 15, 2006, the Govern- tives urges the Government of Canada to end hearts. It is a matter of intelligent ment of Canada opened a commercial hunt the commercial hunt on seals. ecomanagement, prevention of cruelty for seals in the waters off the east coast of The SPEAKER pro tempore. Pursu- against animals, and helping our Canada; ant to the rule, the gentleman from friends to the north restore their oth- Whereas an international outcry regarding California (Mr. LANTOS) and the gentle- the plight of the seals hunted in Canada re- erwise pristine international reputa- woman from Florida (Ms. ROS- sulted in the 1983 ban by the European Union tion. Killing baby seals echoes the tor- of whitecoat and blueback seal skins and the LEHTINEN) each will control 20 minutes. ture and cruel killing of so many other subsequent collapse of the commercial seal The Chair recognizes the gentleman animals around the world. As cochair- hunt in Canada; from California. man of the Congressional Friends of Whereas the Marine Mammal Protection GENERAL LEAVE Animals Caucus, I will continue to Act of 1972 (16 U.S.C. 1361 et seq.) bars the Mr. LANTOS. Mr. Speaker, I ask bring the world’s attention to such import into the United States of seal prod- unanimous consent that all Members practices wherever they exist. I urge ucts; Whereas in February 2003, the Ministry of may have 5 legislative days to revise all of my colleagues to support this im- Fisheries and Oceans in Canada authorized and extend their remarks and to in- portant and humane resolution. the highest quota for harp seals in Canadian clude extraneous material on the reso- Mr. Speaker, I reserve the balance of history, allowing nearly 1,000,000 seals to be lution under consideration. my time. killed over a 3-year period; The SPEAKER pro tempore. Is there Ms. ROS-LEHTINEN. Mr. Speaker, I Whereas more than 1,000,000 seals have objection to the request of the gen- yield myself such time as I may con- been killed over the past 3 years; tleman from California? sume. Whereas harp seal pups can legally be There was no objection. Harp seals, which live off of Canada’s hunted in Canada as soon as they have begun east coast, are sought for their pelts. to molt their white coats at approximately b 1515 Canadian hunters, who are regulated 12 days of age; Whereas 95 percent of the seals killed over Mr. LANTOS. Mr. Speaker, I rise in by Canada’s Department of Fisheries the past 5 years were pups between just 12 strong support of this resolution and and Oceans, have killed almost a mil- days and 12 weeks of age, many of which had yield myself such time as I may con- lion seals in the past 3 years. The gov- not yet eaten their first solid meal or taken sume. ernment set a quota of 270,000 seals for their first swim; Mr. Speaker, we are all familiar with the season of 2007, which is lower than Whereas a report by an independent team National Geographic images of fluffy the limit of 335,000 seals set in last of veterinarians invited to observe the hunt white baby seals nestled next to their year’s season. The quota is determined by the International Fund for Animal Wel- mothers. We stare at them on our TV annually by the department and is set fare concluded that the seal hunt failed to comply with basic animal welfare regula- screens or in our magazines and reflex- based on estimates of the current seal tions in Canada and that governmental regu- ively remark about how adorable they population. Many concerned citizens lations regarding humane killing were not are. But now imagine, if you can, the are quite upset that these seals are being respected or enforced; brutal death that awaits hundreds of killed in an inhumane way, since many

VerDate Aug 31 2005 00:09 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.090 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8877 are beaten unconscious and then the gentleman from California (Mr. curity and Intelligence, Ali Akbar Velayati, skinned while they are still alive. LANTOS) that the House suspend the a former Iranian Foreign Minister, Mohsen An independent group of veterinar- rules and agree to the resolution, H. Rezai, a former commander of Iran’s Islamic ians, invited by the International Fund Res. 427. Revolutionary Guards Corps (IRGC), Ahmad for Animal Welfare to observe the seal The question was taken; and (two- Vahidi, a former commander of the elite Al- hunt, concluded that the seal hunt was thirds being in the affirmative) the Quds Force of the IRGC, Hadi Soleimanpour, a former Iranian ambassador to Argentina, out of compliance with basic animal rules were suspended and the resolu- Mohsen Rabbani, a former cultural attache welfare regulations in Canada. Also, 95 tion was agreed to. at the Iranian Embassy in Buenos Aires, percent of the seals are less than a year A motion to reconsider was laid on Ahmed Reza Asghari, a former official at the old. the table. Iranian Embassy in Buenos Aires, and Imad This resolution urges Canada to end f Moughnieh, a leading operations chief of the commercial seal hunt. Our Cana- Hezbollah; dian friends are good allies and part- CONDEMNING THE ATTACK ON Whereas on March 5, 2007, the Executive ners in many areas of common inter- THE AMIA JEWISH COMMUNITY Committee of INTERPOL supported the est, and we hope that they will take CENTER IN BUENOS AIRES, AR- issuance of red notices for Hezbollah opera- this important step. Many have raised GENTINA, IN JULY 1994 tive Imad Moughnieh and five Iranian offi- alarm about this, including our distin- Mr. FALEOMAVAEGA. Mr. Speaker, cials noted above for whom Argentine Judge guished chairman of our committee, I move to suspend the rules and agree Rodolfo Canicoba Corral issued arrest war- rants; Mr. LANTOS, and I thank him for his to the concurrent resolution (H. Con. Whereas Iran has appealed the INTERPOL many years of leadership on the plight Res. 188) condemning the attack on the Executive Committee’s decision, and the of people who have been abused, but AMIA Jewish Community Center in General Assembly of INTERPOL will issue a also animals who have been mis- Buenos Aires, Argentina, in July 1994, final ruling on the red notices when it meets treated. and for other purposes, as amended. in Morocco in November 2007; I rise in strong support of this resolu- The Clerk read the title of the con- Whereas the inability to reach suspected tion, and I urge my colleagues to do current resolution. Islamist militants and Iranian officials has the same. The text of the concurrent resolution debilitated the efforts of the Government of Mr. SHAYS. Mr. Speaker, I rise in strong is as follows: Argentina to prosecute masterminds and planners of the 1994 AMIA bombing; support of House Resolution 427, urging the H. CON. RES. 188 Whereas the current Government of Argen- Government of Canada to end its commercial Whereas on July 18, 1994, 85 innocent peo- seal hunts. While many countries have tina has made significant advances in the ple were killed and 300 were wounded when AMIA investigation; and banned the importation of seal products, seal the Argentine Jewish Mutual Association Whereas Argentina recently approved anti- hunting in Canada has grown steadily in size (AMIA) was bombed in Buenos Aires, Argen- terrorist legislation which seeks to crim- over the past six years. tina; inalize financing, fund-raising, and money The Canadian commercial seal hunt is said Whereas extensive evidence links the plan- laundering activities of groups linked to ter- to have killed approximately 350,000 seals this ning of the attacks to the Government of rorism: Now, therefore, be it Iran, and the execution of the attacks to the year—a huge increase from the 67,500 aver- Resolved by the House of Representatives (the age number of seal deaths during the late terrorist group Hezbollah, which is based in Lebanon, supported by Syria, and sponsored Senate concurring), That Congress— 1980s and early 1990s. The seals are either by Iran; (1) reiterates its strongest condemnation of clubbed to death or shot with high-powered ri- Whereas on October 25, 2006, the State the 1994 attack on the AMIA Jewish Commu- fles so as not to bloody their fur. Prosecutor of Argentina, an office created by nity Center in Buenos Aires, Argentina, and Last year the Canadian Government the current Government of Argentina, con- honors the victims of this heinous act; claimed the seal killings brought in $16 million. cluded that the AMIA bombing was ‘‘decided (2) expresses its sympathy to the relatives I question the number and believe even if it is and organized by the highest leaders of the of the victims, who have waited 13 years accurate $16 million does not come close to former government of . . . Iran, whom, at the without justice for the loss of their loved justifying this brutality. same time, entrusted its execution to the ones, and may have to wait even longer for Sixteen million dollars is a mere fraction of Lebanese terrorist group Hezbollah’’; justice to be served; Whereas on October 25, 2006, the State the $3 billion that Canada receives from sea- (3) applauds the current Government of Ar- Prosecutor of Argentina concluded that the gentina for increasing the pace of the AMIA food exports. In addition, commercial seal AMIA bombing had been approved in advance bombing investigation, as well as on its re- hunting amounts to less than three percent of by Iran’s Supreme Leader Ali Khamene’i, cently approved anti-terrorism legislation; the annual incomes of commercial fishermen. Iran’s then-leader Ali Akbar Hashemi (4) urges the Government of Argentina to Furthermore, the market for seal meat is lim- Rafsanjani, Iran’s then-Foreign Minister Ali continue to dedicate and provide the re- ited. It is generally considered to be inedible Akbar Velayati, and Iran’s then-Minister of sources necessary for its judicial system and and only a few nations import it for human Security and Intelligence Ali Fallahijan; intelligence agencies to investigate all areas consumption, additional proof of how wasteful Whereas on October 25, 2006, the State of the AMIA case and to bring those respon- Prosecutor of Argentina stated that the Gov- seal hunting truly is. sible to justice; ernment of Iran uses ‘‘terrorism as a mecha- (5) calls upon the General Assembly of Canada allows the seal hunt because it al- nism of its foreign policy’’ in support of ‘‘its legedly helps provide jobs for the region. New- INTERPOL to uphold, issue and implement final aim [which] is to export its radicalized the red notices supported by the Executive foundland experiences unemployment rates of vision of Islam and to eliminate the enemies Committee of INTERPOL in March 2007; and up to 40 percent in winter because of its reli- of the regime’’; (6) calls upon responsible nations to co- ance on seafaring jobs and the collapse of the Whereas on October 25, 2006, the State operate fully with the investigation, includ- cod fishing industry. While I am sensitive to Prosecutor of Argentina identified Ibrahim ing by making information, witnesses, and these concerns, how can this justify the cruel Hussein Berro, a Lebanese citizen and mem- suspects available for review and questioning hunting methods employed during seal hunts. ber of Hezbollah, as the suicide bomber who by the appropriate Argentine authorities, primarily carried out the attack on the Eyewitness reports indicate numerous viola- and by detaining and extraditing to Argen- AMIA; tina, if given the opportunity, any of the Ira- tions of Canada’s marine mammal hunting Whereas on November 9, 2006, Argentine regulations, such as baby seals being culled, nian officials and former officials, Hezbollah Judge Rodolfo Canicoba Corral, pursuant to operatives, and Islamist militants against animals being skinned alive, and injured ani- the request of the State Prosecutor of Argen- whom Argentine or international arrest war- mals being left behind to die slowly. tina, issued an arrest warrant for Ali Akbar rants are pending in connection with the H. Res. 427 urges the Canadian govern- Hashemi Rafsanjani, a former leader of Iran AMIA case. ment to end commercial seal hunting, putting and the current chairman of Iran’s Expedi- a stop to this cruel practice. I strongly urge its ency Council, for his involvement in the The SPEAKER pro tempore. Pursu- passage. AMIA bombing and urged the International ant to the rule, the gentleman from Ms. ROS-LEHTINEN. With that, Mr. Criminal Police Organization (INTERPOL) to issue a capture notice (commonly known American Samoa (Mr. FALEOMAVAEGA) Speaker, I yield back the balance of as a ‘‘red notice’’) for Rafsanjani; and the gentlewoman from Florida (Ms. my time. Whereas on November 9, 2006, Argentine ROS-LEHTINEN) each will control 20 Mr. FALEOMAVAEGA. Mr. Speaker, Judge Rodolfo Canicoba Corral, pursuant to minutes. I yield back the balance of my time. the request of the State Prosecutor of Argen- The SPEAKER pro tempore. The tina, also issued arrest warrants for Ali The Chair recognizes the gentleman question is on the motion offered by Fallahijan, a former Iranian Minister of Se- from American Samoa.

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.092 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8878 CONGRESSIONAL RECORD — HOUSE July 30, 2007 GENERAL LEAVE the threat to regional security remains wheels of justice have started to gain Mr. FALEOMAVAEGA. Mr. Speaker, strong and requires constant vigilance. momentum. I ask unanimous consent that all Mem- We must redouble our efforts to root Last October, the state prosecutor of bers may have 5 legislative days to re- out terrorist fund-raising networks in Argentina concluded that the AMIA vise and extend their remarks and in- the western hemisphere and to unearth bombing was, in his words, ‘‘decided clude extraneous material on the reso- the growing web of links between ter- and organized by the highest leaders of lution under consideration. rorist financiers and narcotic traf- the former Government of Iran whom, The SPEAKER pro tempore. Is there fickers. at the same time, entrusted its execu- objection to the request of the gen- This important resolution encour- tion to the Lebanese terrorist group tleman from American Samoa? ages the Government of Argentina to Hezbollah.’’ There was no objection. continue its pursuit of the criminals in Last March, acting on the state pros- Mr. FALEOMAVAEGA. Mr. Speaker, the bombing, and it calls upon the Gen- ecutor’s conclusions, INTERPOL’s ex- I rise in strong support of this resolu- eral Assembly of INTERPOL to uphold ecutive committee recommended the tion and yield myself such time as I and implement international arrest issuance of red notices for five Iranian may consume. warrants recently issued for the officials and one Hezbollah operative in Mr. Speaker, 13 years ago this Hezbollah and Iranian operatives. connection with the bombing. month, 85 innocent people lost their Mr. Speaker, only by taking the in- b 1530 lives in the bombing of a Jewish cul- vestigation of the AMIA bombing to its Iran, still determined to act with im- tural center in Buenos Aires. Today we ultimate conclusion, the capture and punity, has appealed the Executive commemorate the profound pain of the punishment of those who planned it, Committee’s decision to INTERPOL’s families who had their loved ones bru- will we show Iran, Hezbollah, and those General Assembly, which will meet up- tally taken from them. We also recall who support terrorism that we are seri- the shock felt in Jewish communities coming this November. ous about combating it. International It is vital, vital, Mr. Speaker, that throughout the world at this ferocious terrorists have demonstrated that they INTERPOL’s General Assembly uphold attack on innocent lives in a city will not rest in pursuit of their vil- the recommendation of the Executive where Jewish people had previously lainy. This resolution once again puts Committee and issue the red notices, felt secure. But with consideration of them on notice that they will fail which could lead to the arrest of these this resolution today, we not only com- whether they are in the Middle East or individuals. memorate but we demand justice. It is in the Americas. To successfully prosecute this case, absolutely imperative that the inter- I strongly urge my colleagues to sup- Argentina must be able to arrest and national community push ahead with port this important measure. extradite the named Islamic militant the critical investigation to bring the Mr. Speaker, I reserve the balance of and Iranian officials. perpetrators to justice. my time. It is important to note that at least Mr. Speaker, just last fall the state Ms. ROS-LEHTINEN. Mr. Speaker, I one of the five indicted Iranian offi- prosecutor of Argentina concluded that yield myself such time as I may con- cials worked for the Iranian embassy in the attack had been approved in ad- sume. Buenos Aires at the time of the AMIA vance by Iran’s Supreme Leader and by I rise in strong support of H. Con. bombing. the highest officials of the Iranian Gov- Res. 188. The evidence appears to indicate that ernment. The former Iranian Ambas- Mr. Speaker, 13 years ago, on July 18, Iran used officials who have diplomatic sador to Argentina actually provided a radical Islamist with ties to the ter- immunity to help support and plan the key information in planning to carry rorist group Hezbollah bombed the attack, and that Iran has used its em- out this vicious attack. AMIA Jewish Community Center in bassies abroad to further its terrorist There is a new leader in Tehran these Buenos Aires, Argentina, the heart and plots and radical Islamic goals. days. He is no less anti-Semitic and no soul of the largest Jewish community Indeed, all signs show that Iran is less menacing, but he threatens to de- in South America, killing 85 innocent vigorously increasing its diplomatic velop infinitely more dangerous weap- people. From the beginning of the in- presence in the western hemisphere, ons than those used to perpetrate the vestigation into this horrific act of seeking to increase its power, to spread slaughter in Argentina. anti-Semitism and mass murder, the its radical Islamic ideology, to under- Mr. Speaker, the United States can- evidence pointed to the involvement of mine the United States, and to wreak not and will not allow the reckless Ira- Hezbollah and its state sponsor, Iran. havoc throughout the region. These nian leader Ahmadinejad to obtain nu- Moreover, the AMIA bombing opened dangerous efforts must be addressed, clear capabilities. There is also little our eyes, 7 years before 9/11, to the Mr. Speaker. doubt that the Iranian masterminds in growing threat of radical Islam and Is- Many nations in the hemisphere have 1994 called upon their Hezbollah thugs lamic extremists and terrorists in the joined with the United States and re- to execute their nefarious plans. We western hemisphere, our own backyard. gional organizations to fight the grow- also know that the Hezbollah terrorist The tri-border area, where Brazil, ing threat of Islamic extremists that cell that carried out the attack re- Paraguay and Argentina meet, con- has become evident since the AMIA ceived financial and logistical support tinues to be a lawless zone where bombing. For example, several nations from sympathizers in the tri-border re- Islamist terrorist groups meet and en- participate in joint counterterrorism gion between Paraguay, Argentina, and gage in arms, drug dealing and contra- training and simulations and have Brazil. The suicide bomber himself band smuggling that finances their joined counterterrorist protocols and may have entered South America and deadly deeds and aims. It could easily agreements. traveled to the Argentina capital become a base of operations to carry Argentina deserves particular com- through this lawless frontier. out further terrorist attacks that could mendation. In addition to its signifi- Mr. Speaker, although nothing like even strike on U.S. soil. Therefore, to cant progress in the AMIA investiga- the bombing has been replicated in address this threat to our interests and tion during the past year, Argentina South America since 1994, supporters national security, the United States recently approved legislation which and facilitators of Islamic terrorist or- and our allies must bring to justice criminalizes financing, fund-raising, ganizations have gathered in scattered those responsible for past acts of ter- and money laundering by groups linked outposts throughout the western hemi- ror. We must vigilantly combat radical to terror. sphere. Operating from hard-to-reach Islamic terrorist groups before they Mr. Speaker, these nations deserve areas in Chile, Colombia, Venezuela strike again. our continued support and encourage- and Panama, these individuals lend fi- Sadly, Mr. Speaker, for over a decade ment. However, there is much left to be nancial and logistical assistance to ter- those responsible for the atrocity at done. rorist organizations in the Middle East. AMIA have not been captured and pros- H. Con. Res. 188, which I introduced Mr. Speaker, although these isolated ecuted, causing our enemies to be with the distinguished chairman of the communities have yet to grow into emboldened to strike again. Nonethe- Foreign Affairs Committee, Mr. LAN- operational cells of Islamic terrorists, less, despite numerous obstacles, the TOS, seeks to address a number of

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.094 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8879 issues that we have raised. The resolu- leaders of Iran with respect to their as a pawn of the administration or tion condemns the AMIA attacks, hon- foreign or domestic policy. Today, this emulating irresponsible examples when ors the victims, and, thirdly, expresses Congress has brought up, under suspen- it comes to our Nation’s foreign policy. our sympathy to their long-suffering sion of the rules, an additional three Last week the administration an- families. bills designed with the same intent. nounced plans to sell $20 billion worth It also calls upon the General Assem- This continuous renewal of U.S. ob- of U.S. weapons to Saudi Arabia and bly of INTERPOL to issue and imple- jections to Iran’s and foreign domestic five other Middle Eastern countries. ment the red notices supported by policy can easily have the effect, in- Arms groups, as well as human rights INTERPOL Executive Committee, and tended or not, to beat the drum for war groups, question this decision, as well calls upon responsible nations to co- against Iran. I mean, isn’t this very fa- they should. The distribution of more operate fully with the AMIA investiga- miliar? weapons in the region when the United tion. The U.S. House of Representatives States purports to desire peace in the Mr. Speaker, for years, Chairman treats these resolutions today as being Middle East is counterproductive and LANTOS and I have spoken in this uncontroversial. Let this Congress be counterintuitive. Chamber calling for justice to be warned that the Bush administration So we really have to look at this doc- served in the AMIA case. Finally, those can use these resolutions against this trine that we’re operating under, and I responsible for this atrocity are run- body and declare the passage of these think this Congress has to demand re- ning scared, recognizing that they may resolutions as a green light to engage sponsible foreign policy initiatives, not escape the consequences of their in aggression against Iran, and Iran whether it’s in regard to the Middle crime, that we are determined to pre- could then be the next Iraq. East or any other part of the world. vent history from repeating itself. I believe this House is better served Mr. BOOZMAN. Mr. Speaker, I yield Justice may be delayed, but it must by demanding sensible and responsible myself as much time as I desire. be denied. Therefore, I urge my col- diplomatic foreign policy initiatives Obviously, there’s nothing in the bill leagues to support this resolution. from the Bush administration; that we pertaining to any sort of aggressive ac- Mr. Speaker, I reserve the balance of should demand that the administration tion against Iran as far as military ac- my time. engage immediately in high-level dip- tion. This, or a similar bill, has been Mr. FALEOMAVAEGA. Mr. Speaker, lomatic negotiations. introduced several times since the I do want to commend my good friend, By continuing to neglect this duty AMIA bombing, and so there’s no way the gentlelady, as the prime sponsor of and engaging in the ongoing condemna- that this is being ginned up by the ad- this resolution. tion of Iran, without opening of diplo- ministration. Ms. ROS-LEHTINEN. If I could ask matic channels, what we’re doing is Last October, Argentina’s state pros- the gentleman to yield for a request. systematically destroying every avail- ecutor concluded that the AMIA bomb- Mr. FALEOMAVAEGA. I yield. able route to restoring peace and secu- ing was decided and organized, I quote, Ms. ROS-LEHTINEN. I have to go to rity in the Middle East. ‘‘decided and organized by the highest another meeting, and if you would We know that Iran is guilty of bellig- leaders of the former Government of allow me, I would like to yield the bal- erent statements. We need to look no Iran, whom at the same time entrusted ance of our time to Mr. BOOZMAN, a further than the second in command, its execution to the Lebanese group of member of the Subcommittee on Ter- President Ahmadinejad, to recognize Hezbollah.’’ rorism, Nonproliferation and Trade on the escalation of rhetoric and esca- Last March, acting on the state pros- the Foreign Affairs Committee. lation of provocation between Iran and ecutor’s conclusions, INTERPOL’s Ex- Mr. FALEOMAVAEGA. I have no other nations. ecutive Committee recommended the problem with that, Mr. Speaker. But we also need to look at what’s issuance of red notices for five Iranian The SPEAKER pro tempore. Without happening in our own country, with the officials and one Hezbollah operative in objection, the gentleman from Arkan- actions of our Vice President, to know connection with the bombing. sas (Mr. BOOZMAN) will control the bal- that the U.S. Government hasn’t been This is about an effort to get justice. ance of the gentlewoman’s time. exactly clean on these matters. On Delayed justice, as Mr. KUCINICH said, There was no objection. March 7, 2006 in reference to Iran, Mr. is justice that we certainly need to get Mr. FALEOMAVAEGA. Mr. Speaker, CHENEY stated: ‘‘For our part, the done. I yield 5 minutes to my good friend, my United States is keeping all options on And, again, this is not about ginning colleague from Ohio (Mr. KUCINICH). the table in addressing the irrespon- up in an effort to support the President Mr. KUCINICH. Mr. Speaker, 3 years sible conduct of the regime, and we with some sort of military operation. ago this Congress passed H. Con. Res. join other nations in sending that re- This is about taking the actions that 469, which condemned the attack on gime a clear message. We will not INTERPOL, taking the actions that the AMIA Jewish Community Center in allow Iran to have nuclear weapons.’’ the Argentineans want to take, and en- Buenos Aires, Argentina, and expressed Now when he said that, it’s very clear couraging them with a sense of Con- the concern of the United States re- and unambiguous what that means. gress. garding the continuing decades-long When you say all options on the table, Mr. Speaker, I reserve the balance of delay in the resolution of the case. I you mean a military attack included, my time. voted for that resolution because I be- including the use of nuclear weapons. Mr. FALEOMAVAEGA. Mr. Speaker, lieve that justice deferred is justice de- This is widely understood to be what I yield myself 1 minute just to say that nied, and all those who are responsible the context of that statement was. I do want to thank the gentleman from certainly must be brought to justice. So here we are talking about trying Ohio for his concerns about this pro- I joined my colleagues in saying that to take a direction in foreign policy posed legislation. But as my good we don’t condone terrorist actions or that would protect this country, and at friend has stated, this is not in any military posturing by any nation, nor the same time, we’re jeopardizing our way to suggest that this is giving more have I seen any evidence that suggests very troops in Iraq by rattling the sa- ammunition to the current administra- that those who have been accused are bers of war against Iran. tion to suggest that we’re going to at- innocent. And so I think you cannot look at tack Iran in the near future. But responsible foreign policy means these resolutions apart from the con- I, for one, and I’m certain that every thoughtful and insightful discussion text of administration policy. The member of the House Foreign Affairs between nations that reflects a desire same sentiments regarding Iran are re- Committee, am going to scrutinize and for both peace and security here at iterated by the Vice President on Feb- screen this very, very carefully on any home, in the Middle East, and around ruary 24 at a press briefing in Australia formal proposal coming from the ad- the world. where he said, ‘‘I’ve also made the ministration as far as taking arms In the 110th Congress, the House of point, the President made the point, all against Iran. Representatives has passed several options are still on the table.’’ Mr. Speaker, I don’t have any further bills calling into question the actions Now I think that we have to be care- speakers. of either the country of Iran or the ful that this House isn’t really acting I reserve the balance of my time.

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.095 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8880 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Mr. BOOZMAN. Having no further Whereas the Beavers were the only team to tional championship in as many years speakers either, I just want to thank return to the 2007 College World Series for a by defeating the University of North the chairman for his hard work on this; 3rd consecutive year; Carolina Tar Heels two games to none Whereas Oregon State University’s appear- thank Ms. ROS-LEHTINEN for introduc- in the best of three series. College tion of the bill, and the staff for their ance in the 2007 College World Series marked baseball fans, student athletes, and the only the 4th time in the school’s history; hard work. Whereas the Beaver baseball team lost 7 general public were treated to an excit- I yield back the balance of my time. starting position players and their top 3 ing College World Series. Mr. FALEOMAVAEGA. Mr. Speaker, pitchers from their 2006 National Champion- I want to extend my congratulations I also yield back the balance of my ship team; to the student athletes and coaches for time. Whereas the Beavers are the first team attaining back-to-back national cham- The SPEAKER pro tempore. The ever to win a College World Series title after pionships. question is on the motion offered by not having a winning record in conference I want to extend my congratulations the gentleman from America Samoa play that season; to the University of North Carolina (Mr. FALEOMAVAEGA) that the House Whereas ’s second inning 2- Tar Heels and their student athletes suspend the rules and agree to the con- run home run set a new Beaver record for ca- for a great season. The Tar Heels had a current resolution, H. Con. Res 188, as reer hits with 237—eventually ending with season record of 57 wins and 16 losses, amended. 238 career hits; Whereas freshman pitcher was and they were Atlantic Coast Con- The question was taken; and (two- awarded the College World Series Most Out- ference champions. thirds being in the affirmative) the standing Player after going 2–0 in his 2 starts Winning back-to-back championships rules were suspended and the concur- with a 2.92 ERA becoming only the 5th fresh- has brought national acclaim to Or- rent resolution, as amended, was man to win the award in 58 College World Se- egon State University’s outstanding agreed to. ries tournaments; athletic program, and I know the fans A motion to reconsider was laid on Whereas the Beavers had 6 players named of that university will remember this the table. to the Men’s College World Series All-Tour- very special moment for many, many nament Team, including pitcher Jorge f years to come. Reyes, outfielder Scott Santschi, catcher Mr. Speaker, I reserve the balance of CONGRATULATING THE OREGON , second baseman Joey Wong, my time. STATE UNIVERSITY BEAVERS shortstop Darwin Barney, and designated Mr. CASTLE. Mr. Speaker, I yield BASEBALL TEAM FOR WINNING hitter Mike Lissman; Whereas undergraduate assistant coach myself such time as I may consume. THE 2007 COLLEGE WORLD SE- I rise also in support of House Reso- RIES Kurt Steele and his wife Kathy, traveled back from their Saturday wedding in lution 515 congratulating Oregon State Mr. KUCINICH. Mr. Speaker, I move Philomath, Oregon, to be with the team in University’s baseball team for winning to suspend the rules and agree to the Omaha on Sunday when it clinched the Na- the 2007 National Collegiate Associa- resolution (H. Res. 515) congratulating tional Championship; tion Division I College World Series the Oregon State University Beavers Whereas the Beavers have displayed great championship for the second consecu- baseball team for winning the 2007 Na- heart, outstanding dedication, resilience, tive year. tional Collegiate Athletic Association character, and sportsmanship throughout On June 24, 2007, the Beavers of Or- the season in achieving the highest honor in egon State defeated the University of Division I College World Series. collegiate baseball; The Clerk read the title of the resolu- North Carolina Tar Heels by a score of Whereas the students, alumni, and faculty 9–3, sweeping the best of three series, tion. of Oregon State University and other fans of The text of the resolution is as fol- Oregon State University have shown tremen- two games to none, to win the 2007 lows: dous commitment to and support for the NCAA Division I College World Series H. RES. 515 Beavers baseball program; and championship. They became the first Whereas on June 24, 2007, before 25,012 fans Whereas the Beavers have brought pride to team in 10 years to win back-to-back at Rosenblatt Stadium in Omaha, Nebraska, Oregon State University, the Corvallis com- College World Series championships. the largest championship game crowd in Col- munity, the State of Oregon, and Beaver Na- Oregon State University dominated lege World Series history, the Oregon State tion: Now, therefore, be it the finals of the College World Series, University Beavers baseball team capped an Resolved, That the House of Representa- trailing for only one of the 45 innings improbable season, winning the 2007 National tives congratulates the Oregon State Univer- they played. The Beavers of Oregon sity Beavers baseball team for winning the Collegiate Athletic Association Division I State outscored their opponents 42–16 College World Series Championship by de- 2007 National Collegiate Athletic Association Division I College World Series Champion- during their remarkable run in the Col- feating the University of North Carolina Tar lege World Series, becoming the first Heels, 2 games to none, in a best-of-3 cham- ship for a 2nd consecutive year. The SPEAKER pro tempore. Pursu- three-seed to ever win the tournament. pionship series; Much of this team’s success is due to Whereas the 2007 College World Series ant to the rule, the gentleman from Head Coach . After starting Championship represents the second Na- Ohio (Mr. KUCINICH) and the gentleman the year with only 23 wins and only 3 tional Championship for the Beavers base- from Delaware (Mr. CASTLE) each will ball team; control 20 minutes. losses, the team hit a bit of a slump in Whereas the 2007 Beaver baseball team be- The Chair recognizes the gentleman May, which nearly cost them a spot in came the first team in a decade to capture from Ohio. the tournament. But Coach Casey kept back-to-back national titles; the team motivated and focused to help Whereas the 2007 Oregon State University b 1545 lead the Beavers to a 49–18 record. Beaver baseball team became only the 5th GENERAL LEAVE The 2007 World Series MVP, Jorge team in College World Series history to re- Mr. KUCINICH. Mr. Speaker, I ask Reyes, a freshman, who went 2–0 with a peat as national champions; unanimous consent for Members to 2.92 ERA during the College World Se- Whereas the Beavers won 49 games while ries, became only the fifth freshman to losing only 18 in 2007; have 5 legislative days to revise and ex- Whereas the Beavers were undefeated in tend their remarks and include extra- ever win the award in the 58-year his- the 2007 College World Series; neous material on the resolution under tory of the College World Series. Whereas the Beavers trailed for only 1 of 45 consideration. And while we commend the college innings they played in the 2007 College World The SPEAKER pro tempore. Is there athletics department today, we should Series; objection to the request of the gen- also recognize Oregon State University Whereas the Beavers became the first team tleman from Ohio? as an excellent academic institution. to win 4 College World Series games by at There was no objection. Known for its geosciences programs, least 6 runs; Mr. KUCINICH. Mr. Speaker, I yield which rank sixth in the Nation, the Whereas the Beavers became the first No. 3 myself such time as I may consume. university offers over 200 under- seed to ever win the College World Series I want to congratulate the Oregon graduate programs and more than 80 since the current 64-team format was intro- duced; State University Beavers for their win graduate programs. The campus has a Whereas the Beavers outscored their oppo- in the 2007 National Collegiate Associa- renowned library and exceptional re- nents 42–16 in the College World Series; tion Division I College World Series. search facilities as well as great in- Whereas the Beavers ended their season On June 24, 2007, Oregon State Uni- ternship and study abroad programs to with 10 straight NCAA tournament victories; versity captured its second baseball na- offer its students.

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.097 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8881 I extend my congratulations to Head community. They are for all the stu- Mr. KUCINICH. Mr. Speaker, I yield Coach Pat Casey, Athletics Director dent athletes of Oregon State. They are back the balance of my time. Bob De Carolis, President Dr. Edward for the University, for Corvallis. They The SPEAKER pro tempore. The Ray, and all of the hardworking play- are for Oregon. Indeed, they are for question is on the motion offered by ers, the fans, and Oregon State Univer- Beaver Nation and the tradition it sup- the gentleman from Ohio (Mr. sity. I am happy to represent my good ports. KUCINICH) that the House suspend the friend and colleague Representative On behalf of the whole of Beaver Na- rules and agree to the resolution, H. HOOLEY in recognizing this exceptional tion, on behalf of all the student ath- Res. 515. team in all of its accomplishments and letes at Oregon State, I congratulate The question was taken; and (two- wish all involved continued success. and thank the 2006 and 2007 Beaver thirds being in the affirmative) the I ask my colleagues to support this baseball team for being an inspiration rules were suspended and the resolu- resolution. to all of us. tion was agreed to. Mr. Speaker, I reserve the balance of Before Coach Pat Casey took the A motion to reconsider was laid on my time. helm of Beaver baseball, there were the table. questions about the ability of Corvallis Mr. KUCINICH. Mr. Speaker, I yield 5 f minutes to Congresswoman DARLENE to draw top baseball talent away from CONGRATULATING UNIVERSITY OF HOOLEY. schools of the Sun Belt. There were Ms. HOOLEY. Mr. Speaker, I thank questions, but these questions did not CALIFORNIA, IRVINE, FOR WIN- the gentleman from Ohio for yielding. come from those that knew Oregon NING THE 2007 MEN’S I rise today supporting Resolution State and Corvallis. Under Coach VOLLEYBALL NATIONAL CHAM- 515, congratulating the Oregon State Casey’s tutelage, the Beavers have be- PIONSHIP University Beavers baseball team for come the latest team to take their Mr. KUCINICH. Mr. Speaker, I move winning the 2007 National Collegiate turn at the vanguard of the PAC–10 to suspend the rules and agree to the Athletic Association Division I College Conference, ‘‘The Conference of Cham- resolution (H. Res. 511) congratulating World Series. pions.’’ The Beavers are the third PAC– the men’s volleyball team of the Uni- As a representative of Oregon’s Fifth 10 team to win consecutive national ti- versity of California, Irvine, for win- Congressional District, the home of Or- tles in baseball. To be sure, the Beavers ning the 2007 NCAA Division I Men’s egon State University, it is my privi- have entered into an elite company as Volleyball National Championship. lege to offer this resolution on behalf one of only five teams in the history of The Clerk read the title of the resolu- of my constituents. As a graduate of Division I baseball to win consecutive tion. Oregon State University, it is with per- national titles. The text of the resolution is as fol- sonal pride that I now speak on its be- The Beavers took their journey, as lows: we knew they would, by virtue of the half. H. RES. 511 Ours is an institution set in a small perseverance and the character that is so indicative of Oregon State. In 2005, Whereas the men’s volleyball team of the town far removed from the national University of California, Irvine (UC Irvine), stage. Yet for those who have ventured the team entered the College World Se- known as the Anteaters, achieved many his- there, OSU has always been a source of ries only to lose their first two games toric accomplishments during the 2006–2007 inspiration. We do not have the tradi- in the double-elimination tournament. season; tion of championships upon which the In 2006, the team entered the College Whereas the UC Irvine men’s volleyball better-known programs of the Pacific- World Series to lose their first game team won the school’s first ever National 10 Conference have built their reputa- and faced elimination in every game Collegiate Athletic Association (NCAA) Divi- sion I Men’s Volleyball National Champion- tions. What we do have is a sense of before starting anew in the champion- ship series, where they won their first ship; self and determination. Whereas Matt Webber, a senior on the UC Titles have come rarely to our title, two games to one. After losing seven of nine position Irvine men’s volleyball team, was selected as school. Prior to 2006 only once had a the tournament’s most valuable player with players and the strength of their 2006 Beaver team claimed a crown, nearly 50 22 kills in the championship match; pitching staff, the Beavers had a strong years having passed since then. And in Whereas UC Irvine men’s volleyball play- preseason in 2007 but slumped in the that time we have had our successes, ers Brian Thornton, Jayson Jablonsky, and intra-conference competition of the our share of All-Americans or indi- David Smith were named to the All-Tour- PAC–10. One of the last teams to be se- nament Team; vidual champions in the Olympic lected for the field of 64 by the com- Whereas UC Irvine men’s volleyball coach sports. But such achievements all too mittee, the defending national cham- John Speraw is only the third coach in his- often pass unnoticed. It is the team pions were unseeded and undaunted. tory to win a NCAA volleyball championship sports that register in our national The Beavers played their way through as both a player and as a head coach; consciousness. For us, that has been Whereas the UC Irvine men’s volleyball the regional tournament and the super team finished with 29 victories, the most vic- very elusive. regional tournament to earn a berth in Our inspiration has not always come tories in school history; the College World Series for a third from championships. Our inspiration Whereas the UC Irvine men’s volleyball consecutive year. team finished with the most wins in the Na- has come from the character and deter- Returning to Omaha, this team had tion for the 2006–2007 season; mination of our student athletes. It is first known loss. This team had faced Whereas the UC Irvine men’s volleyball in their perseverance that we have elimination before victory. This team team won the 2007 Mountain Pacific Sports found the meaning of sport. Corvallis is was almost not selected for the tour- Federation Men’s Volleyball title; a small town, shadowed by clouds and nament. This team won five straight Whereas the UC Irvine men’s volleyball rain, set in the beautiful Willamette games against the Nation’s best, won team had four players selected to the Amer- ican Volleyball Coaches Association (AVCA) Valley. It is here these student ath- their second straight title, and now en- letes have quietly studied and trained, All-America Team, the most by any team in ters the annals of the one of the great the Nation; here they have known the same trials teams in college baseball history. Whereas middle blocker David Smith and tribulations as those who have My colleagues, the Oregon State Bea- earned first-team accolades on the AVCA come from programs lauded on the na- ver baseball team has written a story- All-America Team; tional stage, and it is here that genera- book tale, inspiring all of us. I thank Whereas Matt Webber, Jayson Jablonsky, tions have formed a community. them for this, and I ask that you join and Brian Thornton earned second-team ac- I cannot bring this resolution to the with me in congratulating the 2007 Or- colades on the AVCA All-America Team; floor without first mentioning the egon State Beaver baseball team, your Whereas the UC Irvine men’s volleyball team started the season as the preseason fa- community which the 2006 and 2007 NCAA Division I collegiate baseball NCAA Division I baseball champions vorite in the CSTV/AVCA Division I Men’s champions. Coaches Top 15 Poll; call home. These championships were I ask my colleagues for their support. Whereas the UC Irvine men’s volleyball won by a single team, but these team Mr. CASTLE. Mr. Speaker, I have no team finished first in the CSTV/AVCA Divi- championships were not won for them- further requests for time, and I yield sion I Men’s Coaches Top 15 Poll, released selves. These championships are for the back the balance of my time. May 7, 2007;

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.099 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8882 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Whereas the UC Irvine men’s volleyball I am proud today to celebrate the ac- ment with the Secretary of Education. Each team accomplished these feats while playing complishments of this team that rep- such agreement shall require the organiza- a difficult schedule in the Mountain Pacific resents a tradition of excellence at the tion— Sports Federation; University of California, Irvine. But, (1) to establish a facility to house, display, Whereas the title is UC Irvine’s first Divi- and interpret the artifacts related to the his- sion I title since 1989; and you know, it is not a very long tradi- tory of the Underground Railroad, and to Whereas UC Irvine, under the leadership of tion of excellence, because the Univer- make the interpretive efforts available to in- Chancellor Michael V. Drake, M.D., has con- sity of California, Irvine, was only es- stitutions of higher education that award a tinued to establish itself as a world-class re- tablished in 1965. But already in just baccalaureate or graduate degree; search university, and as one of the top uni- over 40 years, the school has grown ac- (2) to demonstrate substantial private sup- versities in the Nation: Now, therefore, be it customed to receiving accolades in port for the facility through the implemen- Resolved, That the House of Representa- both academics and in sports as well. tation of a public-private partnership be- tives— So I would like to also extend my con- tween a State or local public entity and a (1) congratulates the men’s volleyball private entity for the support of the facility, team of the University of California, Irvine, gratulations to Chancellor Michael which private entity shall provide matching and its Chancellor, Michael V. Drake, M.D., Drake, who is continuing this, albeit funds for the support of the facility in an for winning the 2007 NCAA Division I Men’s short, but continuing tradition at UCI amount equal to 4 times the amount of the Volleyball National Championship; and of excellence in both sports and in aca- contribution of the State or local public en- (2) recognizes the achievements of the demic fields, particularly in the fields tity, except that not more than 20 percent of players, coaches, students, alumni, and staff of science and technology. the matching funds may be provided by the who were instrumental in helping the Uni- So I urge my colleagues to join me in Federal Government; versity of California, Irvine, win the national recognizing this achievement and sup- (3) to create an endowment to fund any and title. all shortfalls in the costs of the on-going op- porting H. Res. 511. The SPEAKER pro tempore. Pursu- erations of the facility; ant to the rule, the gentleman from b 1600 (4) to establish a network of satellite cen- ters throughout the United States to help Ohio (Mr. KUCINICH) and the gentleman Mr. CASTLE. Mr. Speaker, I also disseminate information regarding the Un- from Delaware (Mr. CASTLE) each will would like to congratulate the Univer- derground Railroad throughout the United control 20 minutes. sity of California-Irvine for its tremen- States, if such satellite centers raise 80 per- The Chair recognizes the gentleman dous victory and dominance in the Di- cent of the funds required to establish the from Ohio. vision I Men’s Volleyball National satellite centers from non-Federal public and GENERAL LEAVE Championship. And I congratulate the private sources; (5) to establish the capability to electroni- Mr. KUCINICH. Mr. Speaker, I ask gentleman from California for his spon- unanimous consent for all Members to cally link the facility with other local and sorship honoring this team, which did regional facilities that have collections and have 5 legislative days to revise and ex- such an extraordinary job. tend their remarks and include extra- programs which interpret the history of the Mr. Speaker, I yield back the balance Underground Railroad; and neous material on the resolution under of my time. (6) to submit, for each fiscal year for which consideration. Mr. KUCINICH. Mr. Speaker, I yield the organization receives funding under this The SPEAKER pro tempore. Is there back the balance of my time. section, a report to the Secretary of Edu- objection to the request of the gen- The SPEAKER pro tempore. The cation that contains— tleman from Ohio? (A) a description of the programs and ac- There was no objection. question is on the motion offered by tivities supported by the funding; Mr. KUCINICH. Mr. Speaker, I yield the gentleman from Ohio (Mr. (B) the audited financial statement of the myself such time as I may consume. KUCINICH) that the House suspend the organization for the preceding fiscal year; I want to congratulate the Univer- rules and agree to the resolution, H. (C) a plan for the programs and activities sity of California, Irvine, for winning Res. 511. to be supported by the funding as the Sec- the NCAA Division I Men’s Volleyball The question was taken; and (two- retary may require; and (D) an evaluation of the programs and ac- National Championship. thirds being in the affirmative) the rules were suspended and the resolu- tivities supported by the funding as the Sec- On May 5, 2007, the University of retary may require. tion was agreed to. California, Irvine, won the 2007 NCAA (c) AUTHORIZATION OF APPROPRIATIONS.— Division I National Championship by A motion to reconsider was laid on There are authorized to be appropriated to defeating Indiana-Purdue University, the table. carry out this section $3,000,000 for each of Fort Wayne, known as IPFW in Colum- f the fiscal years 2008 through 2012. bus, Ohio. I want to congratulate the The SPEAKER pro tempore. Pursu- student athletes and coaches on an ex- UNDERGROUND RAILROAD EDU- ant to the rule, the gentleman from CATIONAL AND CULTURAL PRO- cellent season. We all take great pride Ohio (Mr. KUCINICH) and the gentleman GRAM AUTHORIZATION ACT OF in these athletes. from Delaware (Mr. CASTLE) each will Mr. Speaker, I reserve the balance of 2007 control 20 minutes. my time. Mr. KUCINICH. Mr. Speaker, I move The Chair recognizes the gentleman Mr. CASTLE. Mr. Speaker, at this to suspend the rules and pass the bill from Ohio. time I yield such time as he may con- (H.R. 2707) to reauthorize the Under- GENERAL LEAVE sume to the bill’s sponsor, Mr. CAMP- ground Railroad Educational and Cul- Mr. KUCINICH. Mr. Speaker, I ask BELL of California. tural Program, as amended. Mr. CAMPBELL of California. Mr. unanimous consent that all Members The Clerk read the title of the bill. may have 5 legislative days to revise Speaker, I thank the gentleman from The text of the bill is as follows: Delaware for yielding. and extend their remarks and include I rise today to congratulate the Uni- H.R. 2707 extraneous material on the bill under versity of California, Irvine, men’s Be it enacted by the Senate and House of Rep- consideration. volleyball team for winning the 2007 resentatives of the United States of America in The SPEAKER pro tempore. Is there Congress assembled, NCAA Division I Men’s Volleyball Na- objection to the request of the gen- SECTION 1. UNDERGROUND RAILROAD EDU- tleman from Ohio? tional Championship, as was men- CATIONAL AND CULTURAL PRO- tioned, on May 5, 2007. I am very proud GRAM. There was no objection. of the Anteater volleyball team, who (a) PROGRAM ESTABLISHED.—The Secretary Mr. KUCINICH. Mr. Speaker, I yield won the school’s first men’s volleyball of Education, in consultation and coopera- myself such time as I may consume. national championship after finishing tion with the Secretary of the Interior, is au- Mr. Speaker, I rise in strong support this 2006/2007 season with the most wins thorized to make grants to one or more non- of this important legislation that will in the Nation. profit educational organizations that are es- reauthorize a competitive grant pro- I would like to especially honor the tablished to research, display, interpret, and gram administered by the Department collect artifacts relating to the history of leadership of Coach John Speraw and the Underground Railroad. of Education to research, display, in- the talent and effort of each athlete (b) GRANT AGREEMENT.—Each nonprofit terpret and collect artifacts relating to who performed all season long to win educational organization awarded a grant the history of the Underground Rail- this championship. under this section shall enter into an agree- road.

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.134 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8883 During one of the darkest eras of the Underground Railroad are able to Should the Congress authorize and appro- American history, a group of coura- continue their good works. priate funds for this important grant program, geous Americans, both black and white The Underground Railroad Edu- educational centers such as the Freedom as well as free and enslaved, bound to- cational and Cultural Program was cre- Center in my District as well as other sites gether to form what would be known as ated in the 1998 reauthorization of the around the country would be eligible to apply the Underground Railroad. For exam- Higher Education Act to provide grants for competitive grants to shed light on one of ple, the Father of our Nation, George to nonprofit organizations that provide the most important and courageous social Washington, complained in 1786 about education about and research into the movements in our history while preserving and how one of his runaway slaves was Underground Railroad. In addition, interpreting artifacts found from this critical helped by a society of Quakers formed grants could be used for organizations era. for such purposes. to collect, display or interpret artifacts Moreover, this important legislation would The Underground Railroad was a de- relating to the history of the Under- ensure a strong public-private partnership ex- centralized network of people who ground Railroad. For example, the Na- ists to supplement and leverage federal re- helped fugitive slaves escape to the tional Underground Railroad Freedom sources along with funds collected at the state North. The railroad consisted of many Center, located in Cincinnati, Ohio, and local level. individuals who knew only of the local houses eight permanent exhibits and Madam Speaker, I want to again thank my efforts to aid fugitives, and none of the hosts any number of temporary exhib- colleague from Ohio, Mr. KUCINICH for his overall operation. Amazingly, the rail- its, including displays, musical pro- leadership in bringing this important bill to the road effectively moved hundreds of grams, and group discussion. floor. I ask my colleagues to support H.R. slaves northward each year. According Other grantees under this program 2707. to one estimate, the South lost 100,000 host tours that try and recreate the Mr. RANGEL. Mr. Speaker. I rise today in slaves between 1810 and 1850. journey taken by anyone brave enough support of H.R. 2707, Mr. KUCINICH’s resolu- This racially integrated movement to to utilize the Underground Railroad tion to reauthorize the Underground Railroad bring about social change has familiar and exhibits the detail of the develop- Educational and Cultural Program. I praise the heroes, such as Harriet Tubman, John ment of the Underground Railroad. initiative contained in this resolution to point Rankin and Susan B. Anthony; but I supported the reauthorization of out the historical, cultural, and educational leg- there are thousands more who risked this program when Republicans acy behind the Underground Railroad. It is their lives to help others escape the brought a complete reauthorization of through that network of tunnels and secret hid- clutches of slavery as they fled to the the Higher Education Act to the House ing places that many African Americans es- floor last Congress. I had hoped to sup- North. caped slavery. As a symbol of freedom, the port this program again in the context For the slave, escaping to the North Underground Railroad deserves greater rec- of a complete reauthorization of the was anything but easy. The first step ognition and appreciation, regrettably of its ar- Higher Education Act again this year. was to escape from the slaveholder. For tifacts and secrets remain hidden and lost. many slaves, this meant taking great Even though this program is receiving I have long believed in and fought for more the attention of the Congress now, I risks while relying on his or her own and better education of African American his- hope we can complete the HEA reau- resources. The fugitives would move at tory. Well, an important part of that history is thorization bill when we return from night and travel between 10 and 20 contained in the struggle for freedom that the August recess. miles to the next station, where they I believe strongly in promoting pro- characterized the slave experience. Some would rest and eat, hiding in barns and grams and partnerships to commemo- would have us believe that slaves passively other out-of-the-way places. The jour- rate this time in history and educating accepted their captivity in the plantations in ney was difficult, but the determina- the public about the historical signifi- the South. The truth is there was an active re- tion to gain freedom was immense. cance of the Underground Railroad. sistance to slavery; which included periodic The Underground Railroad Edu- The Underground Railroad was very ac- uprisings and constant efforts to escape. The cational and Cultural Program Act of tive in the State of Delaware, I might full role and extent of the Underground Rail- 2007 would provide competitive grants also add. We have many of our own road has yet to be discovered and remains to nonprofit organizations around the tributes to that in my small State. unknown. The legislation authorizes the Sec- United States to shed light on one of I urge my colleagues to support this retary of Education to sponsor studies and the most important and courageous so- bill. make grants for programs that promote knowl- cial movements in our history, while Mrs. SCHMIDT. Madam Speaker, I rise edge of the Underground Railroad. preserving and interpreting artifacts today in strong support of H.R 2707, the Un- With the resources and technology available found from this critical era. derground Railroad Education and Culture Act today, we owe it to the history of African Moreover, this important legislation of 2007. I thank my colleague from Ohio, Mr. Americans and the history of the United States would ensure a strong public/private KUCINICH as well as Education and Labor to study, preserve, and make available to all partnership exists to supplement and Chairman GEORGE MILLER for bringing this im- the hidden secrets of the Underground Rail- leverage Federal resources along with portant bill to the floor today. road. Secret routes and safe houses still re- funds collected at the State and local Madam Speaker, this important bill will pro- main unknown. Secrets that may remain bur- levels. Since 1999, over $15 million has vide federal support to programs around the ied in our backyards. been appropriated to seven different in- country that educate Americans about the The establishment of this facility would allow stitutions. For example, in my home courageous actions undertaken by ordinary significant missing pieces in African American State of Ohio, the National Under- people during one of the darkest eras in our history to be properly studied and commemo- ground Railroad Freedom Center has history. During times of slavery, these coura- rated. delivered highly interactive learning geous Americans, both Black and White as Through the passage of this legislation, the experiences for over 130,000 school chil- well as free and under slavery, bound together work of the National Park Service and its dren from around the country. This is to form what would be known as the Under- study of the phenomenon known as the Un- an important effort to educate citizens ground Railroad. This racially integrated move- derground Railroad will be continued. Estab- across the country and around the ment to bring about social change has familiar lished by Congress in 1990, the National Park world about the Underground Railroad heroes such as Harriet Tubman, John Rankin Service has made major progress in learning movement in America. and Susan B. Anthony, but there are thou- more about the secret routes and the proc- Mr. Speaker, I reserve the balance of sands more who risked their lives to help oth- esses used in escorting these fugitive slaves my time. ers escape the clutches of slavery as they fled to freedom. The story is far from well enough Mr. CASTLE. Mr. Speaker, I yield to the North. known, and the study far from complete. Let myself such time as I may consume. The National Underground Railroad Free- us as members of the 110th Congress exhibit Mr. Speaker, I rise in support of H.R. dom Center, located in my Congressional Dis- the same respect and appreciation of the Un- 2707. trict in Cincinnati, Ohio has successfully com- derground Railroad as was shown in 1990. I would like to thank my colleague, peted for grants under this program to connect Please join me in support of H.R. 2707, as Mr. KUCINICH, for introducing this bill the lessons of the past to the struggles for we move further in understanding the whole to ensure that those organizations that freedom in the current day through an inform- story and celebrating the legacy of the Under- work so hard to share the history of ative educational curricula. ground Railroad.

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.105 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8884 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Mr. CASTLE. Mr. Speaker, I yield tation (or an agent of the Administration or sion released its report on some major back the balance of my time. Office); changes for the VA and the DoD for the Mr. KUCINICH. Mr. Speaker, I yield ‘‘(ii) operated in waters other than inland way we deal with our veterans and our back the balance of my time. waters, the Great Lakes, and other lakes, wounded warriors. We need someone in bays, and harbors of the United States; The SPEAKER pro tempore. The ‘‘(iii) under contract or charter to, or prop- that position, I think, who will shake question is on the motion offered by erty of, the Government of the United things up a bit, who will not only do the gentleman from Ohio (Mr. States; and the Dole-Shalala recommendations, KUCINICH) that the House suspend the ‘‘(iv) serving the Armed Forces; and but go further and really talk to two rules and pass the bill, H.R. 2707, as ‘‘(B) while so serving, was licensed or oth- bureaucracies that have to do business amended. erwise documented for service as a crew- far better than what they do. Too The question was taken; and (two- member of such a vessel by an officer or em- often, VA means for our veterans ‘‘vet- thirds being in the affirmative) the ployee of the United States authorized to li- erans adversary’’ instead of ‘‘veterans cense or document the person for such serv- rules were suspended and the bill, as ice. advocate.’’ amended, was passed. ‘‘(c) AMOUNT OF PAYMENTS.—The Secretary We have older veterans, like we’re A motion to reconsider was laid on shall make a monthly payment out of the going to be dealing with in the bill up the table. compensation fund in the amount of $1,000 to now, and we are going to have hundreds an eligible individual. The Secretary shall f of thousands of new veterans from Iraq make such payments to eligible individuals and Afghanistan. It’s a critical job that BELATED THANK YOU TO THE in the order in which the Secretary receives we must do. And I always say, no mat- MERCHANT MARINERS OF the applications of the eligible individuals. ter where we are in the war in Iraq, WORLD WAR II ACT OF 2007 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (1) There are authorized to be appropriated we’re going to make sure that every Mr. FILNER. Mr. Speaker, I move to to the compensation fund amounts as fol- young man and woman who comes suspend the rules and pass the bill lows: back from the war gets all the love, the (H.R. 23) to amend title 46, United ‘‘(A) For fiscal year 2008, $120,000,000. care, the attention, the honor, the dig- States Code, to provide benefits to cer- ‘‘(B) For fiscal year 2009, $108,000,000. nity that a Nation can bestow. tain individuals who served in the ‘‘(C) For fiscal year 2010, $97,000,000. So we have a big job to do. And this United States merchant marine (in- ‘‘(D) For fiscal year 2011, $85,000,000. package of bills we have today ad- ‘‘(E) For fiscal year 2012, $75,000,000. cluding the Army Transport Service dressed both older veterans that we ‘‘(2) Funds appropriated to carry out this still have to care for and make sure and the Naval Transport Service) dur- section shall remain available until ex- ing World War II, as amended. pended. any injustices that came up in their The Clerk read the title of the bill. ‘‘(e) REPORTS.—The Secretary shall in- treatment are taken care of, as well as The text of the bill is as follows: clude, in documents submitted to Congress the needs that are so critical, whether H.R. 23 by the Secretary in support of the Presi- they be brain injury or PTSD of the dent’s budget for each fiscal year, detailed new veterans. We have to deal with Be it enacted by the Senate and House of Rep- information on the operation of the com- both groups, and we have to do it right. resentatives of the United States of America in pensation fund, including the number of ap- Congress assembled, I want to speak now on H.R. 23, the plicants, the number of eligible individuals Belated Thank You to the Merchant SECTION 1. SHORT TITLE. receiving benefits, the amounts paid out of This Act may be cited as the ‘‘Belated the compensation fund, the administration Mariners of World War II Act. Thank You to the Merchant Mariners of of the compensation fund, and an estimate of This is a bill that is six decades over- World War II Act of 2007’’. the amounts necessary to fully fund the due, Mr. Speaker. And I think today we SEC. 2. PAYMENTS TO INDIVIDUALS WHO SERVED compensation fund for that fiscal year and are on the verge of doing a historic DURING WORLD WAR II IN THE each of the three subsequent fiscal years. thing, that is, providing a way to fi- UNITED STATES MERCHANT MA- ‘‘(f) REGULATIONS.—The Secretary shall nally give the heroic merchant mari- RINE. prescribe regulations to carry out this sec- ners of World War II the belated com- (a) ESTABLISHMENT OF COMPENSATION tion.’’. FUND.—Subchapter II of chapter 5 of title 38, pensation that they’ve so richly earned (b) REGULATIONS.—Not later than 180 days and deserve. United States Code, is amended by adding at after the date of the enactment of this Act, the end the following new section: the Secretary shall prescribe the regulations I think this Congress not only has to ‘‘§ 532. Merchant Mariner Equity Compensa- required under section 532(f) of title 38, treat those new veterans coming back tion Fund United States Code, as added by subsection from Iraq, but we have the responsi- ‘‘(a) COMPENSATION FUND.—(1) There is in (a). bility to correct the wrongs of the past, the general fund of the Treasury a fund to be (c) CLERICAL AMENDMENT.—The table of and this is one of the grave injustices known as the ‘Merchant Mariner Equity sections at the beginning of such chapter is that deserves rectification. Compensation Fund’ (in this section referred amended by inserting after the item related There are over 250 Members of this to as the ‘compensation fund’). to section 531 the following new item: House who have cosponsored H.R. 23. ‘‘(2) Subject to the availability of appro- ‘‘532. Merchant Mariner Equity Compensa- But for those who haven’t, let me tell priations for such purpose, amounts in the tion Fund.’’. you about the sad history of these for- fund shall be available to the Secretary The SPEAKER pro tempore. Pursu- gotten heroes. The Merchant Mariners without fiscal year limitation to make pay- ant to the rule, the gentleman from ments to eligible individuals in accordance of World War II traversed the dan- with this section. California (Mr. FILNER) and the gen- gerous U-boat laden waters of the At- ‘‘(b) ELIGIBLE INDIVIDUALS.—(1) An eligible tleman from Arkansas (Mr. BOOZMAN) lantic and Pacific Oceans, faced down individual is an individual who— each will control 20 minutes. fierce attacks from enemy aircraft, and ‘‘(A) before October 1, 2009, submits to the The Chair recognizes the gentleman were instrumental in every theater of Secretary an application containing such in- from California. war by carrying 95 percent of all tanks, formation and assurances as the Secretary Mr. FILNER. Mr. Speaker, before I supplies and troops during World War may require; get to these specific bills, let me just II. As a result, they suffered the high- ‘‘(B) has not received benefits under the say, as chairman of the House Com- Servicemen’s Readjustment Act of 1944 (Pub- est casualty rate of any of the military lic Law 78-346); and mittee on Veterans’ Affairs, we are at branches. ‘‘(C) has engaged in qualified service. a critical time in our Nation in dealing It is indisputable that the allied ‘‘(2) For purposes of paragraph (1), a person with our veterans. George Washington forces would not have been able to has engaged in qualified service if, between said it best over 200 years ago when he begin, sustain or end World War II in December 7, 1941, and December 31, 1946, the stated that ‘‘the morale of our active victory without their valiant and self- person— duty troops depends foremost on how less service. It is also indisputable, Mr. ‘‘(A) was a member of the United States they sense they’re going to be treated Speaker, that these men now are enti- merchant marine (including the Army when they come home.’’ So we have a Transport Service and the Naval Transport tled to be compensated for their serv- Service) serving as a crewmember of a vessel lot of work to do. ice. that was— We have a Secretary who has an- After the war, they did not receive ‘‘(i) operated by the War Shipping Admin- nounced his resignation. Recently, just the recognition as veterans, or the ben- istration or the Office of Defense Transpor- last week, the Dole-Shalala Commis- efits of the unprecedented GI Bill of

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.106 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8885 1944, which, in many people’s minds, maining 15 percent would not. Then, ported the liberation of the Philippines, stat- they had earned. We all know the pro- over 40 years later, the employer is ed that ‘‘With us they have shared the heavi- found effects of that GI Bill on building forced to recognize the mistake and in- est enemy fire. On these Islands I have or- dered them off their ships and into foxholes the middle class. We all know that the forms the 15 percent, sorry, we will when their ships became untenable targets of education and ability to buy homes led give you what has not expired, but attack. At our side they have suffered in to the creation of the success of the nothing else. bloodshed and death . . . They have contrib- generations following World War II. Where is the fairness? Where is the uted tremendously to our success. I hold no At the signing of that bill in 1944, the equity? How do you measure the loss of branch in higher esteem than the Merchant GI Bill, which gave these veterans un- these benefits, the missed opportuni- Marine Service.’’ precedented education, housing, small ties and the dreams unrealized? That is Finally, President Franklin Roosevelt elo- what H.R. 23 tries to make up for, to quently and accurately summed up the con- business loans and health benefits, tributions of America’s World War II mer- President Roosevelt himself declared, create the semblance of equity that the chant mariners, telling the country and the ‘‘I trust Congress will soon provide mariners of World War II so richly de- world that they ‘‘have written one of its similar opportunities to members of serve by providing a monthly stipend most brilliant chapters. They have delivered the merchant marine, who have risked to qualifying mariners on a first-come- the goods when and where needed in every their lives time and time again during first-served basis. theater of operations and across every ocean in the biggest, the most difficult and most JULY 27, 2007. war for the welfare of their country.’’ dangerous job ever taken.’’ Succeeding Congresses up until now Hon. BOB FILNER, Yet despite this record of exemplary, indis- have never done that. Chairman, Committee on Veterans’ Affairs, pensable service to America’s war efforts, Their fight for equity continued for House of Representatives, Washington, DC. merchant mariners were not given the for- DEAR MR. CHAIRMAN: We are writing on be- mal recognition and benefits granted other all the time since then, and even for half of the undersigned American maritime the time after they finally attained services by the Congress through the G.I. labor organizations to express our strong Bill of Rights in 1945. In fact, no legislation veteran status after a lengthy court support for H.R. 23, the ‘‘Belated Thank You to recognize the contributions made by battle that was decided in 1987, which to the Merchant Mariners of World War II World War II merchant mariners was enacted by then, 40 years after the war, over Act of 2007’’ as amended. The organizations until Congress extended limited veterans’ 125,000 merchant mariners had died. we represent have the privilege of including status to these gallant American citizens in We’ve had the distinct privilege at among our retired and active seagoing mem- 1988. bers individuals who served our country with the Veterans’ Affairs Committee of re- We believe, as you have stated Mr. Chair- honor and distinction during World War II. man, that it is time to correct this injustice. ceiving the heart-wrenching testimony These World War II merchant mariners are We believe our country has an obligation to of some of these veterans, one of whom truly representative of the ‘‘Greatest Gen- the remaining World War II merchant mari- was a named party in the lawsuit eration’’, and we are extremely proud of ners to fully acknowledge their service and which finally gave him veteran status, them and the example they have set for all to give them the measure of benefit called a merchant mariner named Stanley merchant mariners who continue to respond for in H.R. 23. We ask you and your col- Willner. Stanley was captured, in- to our Nation’s call whenever and wherever leagues to take the first step in righting this terned, beaten, starved and tortured as they are needed. wrong by voting to pass H.R. 23 during its General Colin Powell, following the Per- consideration by the House of Representa- a POW for 3 years. In fact, he was actu- sian Gulf War, said that: ‘‘Since I became tives. ally one of the unfortunate groups of Chairman of the Joint Chiefs of Staff, I have We again thank you and the Members of allied forces that were forced to build come to appreciate first-hand why our Mer- your Committee for the support you have the infamous bridge over the River chant Marine has long been called our Na- shown for the World War II merchant mari- Kwai. Upon release, he weighed a mere tion’s fourth arm of defense. The American ners. We stand ready to provide whatever ad- 74 pounds. When he returned home, his seafarer provides an essential service to the ditional information you may need. wife didn’t recognize him, but neither well-being of our Nation as was dem- Sincerely, onstrated so clearly during Operation Desert THOMAS BETHEL, did his country. He received just 2 Shield and Desert Storm . . .’’ President, American weeks of medical care and little else We agree wholeheartedly with you that the Maritime Officers. for his service to this Nation. What a enactment of H.R. 23 is necessary ‘‘to correct TIMOTHY A. BROWN, miscarriage of justice. an injustice that has been inflicted upon a President, Inter- Mr. Speaker, it was only due to a sad group of World War II veterans, the World national Organiza- confluence of powerful events after the War II United States merchant mariners.’’ tion of Masters, war that this country did not bestow We sincerely thank you, Mr. Chairman, for Mates & Pilots. your initiative in working to address this in- the brave men of the World War II Mer- RON DAVIS, justice by sponsoring legislation to provide President, Marine En- chant Marine with veteran status. long-overdue recognition and benefits to gineers’ Beneficial Their service was recognized by all the World War II merchant mariners. We are also Association. leaders of the Allied Forces from Gen- grateful to your colleagues who have cospon- MICHAEL SACCO, erals MacArthur to Eisenhower. sored H.R. 23 and for their decision to add President, Seafarers their names to the bipartisan supporters who International Union. b 1615 are committed to working with you and with I will include a list of quotes regard- us for the enactment of H.R. 23 this year. MARITIME TRADES DEPARTMENT, ing their courageous service in the There is not, nor should there be, any de- AMERICAN FEDERATION OF LABOR bate as to the invaluable service given by RECORD. I will also add a letter from AND CONGRESS OF INDUSTRIAL OR- American merchant mariners during World GANIZATIONS, the four maritime unions, the Amer- War II. In fact, World War II merchant mari- ican Maritime Officers, the Inter- Washington, DC, July 27, 2007. ners suffered the highest casualty rate of Hon. BOB FILNER, national Organization of Masters, any of the branches of the Armed Forces, Chairman, Committee on Veterans’ Affairs, Mates and Pilots, the Marine Engi- other than the United States Marine Corps, House of Representatives, Washington, DC. neers’ Beneficial Association, and the as they delivered troops, tanks, food, fuel DEAR MR. CHAIRMAN: The Maritime Trades Seafarers International Union, express- and other needed equipment and material to Department, AFL-CIO and its 23 affiliated ing their strong support for H.R. 23, as every theater of World War II. Enemy forces unions express our strong support for H.R. amended. sank more than 800 merchant vessels be- 23, ‘‘The Belated Thank You to the Merchant tween 1941 and 1944 alone. Mr. Speaker, the time has come to Mariners of World War II Act of 2007.’’ We As General of the Army, Allied Expedi- also offer our own ‘‘Thank You’’ for your right this enduring wrong. To me, fail- tionary Forces in Europe, Dwight David Ei- tireless efforts to correct a decades-long in- ing to correct the injustice suffered by senhower stated, ‘‘When final victory is ours justice, which have incurred the respect and the merchant mariners for the past six there is no organization that will share its admiration of maritime workers from one decades is equivalent to an employer credit more deservedly than the Merchant end of this country to the other. telling a group of 20-year-olds at the Marine.’’ Fleet Admiral Chester W. Nimitz, Except for an incomplete recognition in same company doing the same job that Commander-in-Chief, Pacific Theater, said 1988, when the Department of Defense agreed to award service medals to civilian mariners 85 percent of them will receive addi- that ‘‘The Merchant Marine . . . has repeat- edly proved its right to be considered as an who served in World War II and allow them tional health, education, housing, and integral part of our fighting team.’’ the privilege of being buried with veterans’ loan assistance benefits for the rest of General of the Army Douglas MacArthur, honors, the contribution of an entire genera- their lives for their service, but the re- speaking of the merchant seamen who sup- tion of World War II veterans—maritime’s

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.124 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8886 CONGRESSIONAL RECORD — HOUSE July 30, 2007 own version of ‘‘the Greatest Generation’’— were used by about half of the 16 mil- do our own; they have never failed us has been slighted. U.S. civilian mariners who lion veterans of the Second World War. yet and in all the struggles yet to come served in Wor1d War II suffered one of the Thirty other groups also provided we know that they will never be de- highest casualty rates of any of the branches military service to the U.S. in World terred by any danger, hardship or pri- of the Armed Forces. As Winston Churchill and other great leaders of the time noted War II and have received veteran sta- vation. When final victory is ours, during and after the war, the role that these tus in the same manner as the mer- there is no organization that will share brave mariners played in keeping Great Brit- chant mariners. its credit more deservedly than the ain and Russia supplied during the darkest We are a little bit concerned that we merchant marine.’’ days of World War II had a profound effect on were not able in this bill to also help After the war he noted: ‘‘Their con- the outcome of the war. these deserving veterans. These groups tribution to final victory will be long Churchill, of course, called them ‘‘unsung include the Women’s Air Force Service remembered.’’ heroes in dungarees.’’ Dwight Eisenhower Pilots, the Women’s Army Auxiliary It is way past time to remember noted that, ‘‘When final victory is ours, Corps and the famed Flying Tigers. their devotion to the United States. It there is no organization that will share in its credit more deservedly than the merchant They served loyally, selflessly and cou- is way past time to reward them what marine.’’ Franklin Delano Roosevelt said rageously. Their service also contrib- they earned. Time is slipping. that when the history of the war is recorded, uted directly to victory in 1945, and yet Mr. Speaker, I urge my colleagues to the men and women of the U.S.-flag mer- we haven’t been able to accommodate support this bill, H.R. 23. chant marine will ‘‘have written one of its them in this bill. In fairness, their duty Mr. BOOZMAN. Mr. Speaker, I urge most brilliant chapters.’’ must be taken into account. I hope my fellow Members of the House to While the Murmansk run and the deadly that we can act in the near future and support this bill. Certainly I will. cross-Atlantic transports were the best- take care of them. Mr. Speaker, I yield back the balance known contributions of U.S. civilian mari- ners, they certainly were not the only ones. I am also concerned that apparently of my time. The U.S.-flag merchant marine played a cen- because of the rules of the House, and Mr. FILNER. Mr. Speaker, I yield tral role in every theater of operations, in- I voted for PAYGO, that we couldn’t myself such time as I may consume. cluding the Pacific, where Douglas Mac- find the offsets to fund this benefit. So Mr. Speaker, I thank the gentleman Arthur noted, ‘‘With us, they have shared the issue of funding is being passed to for his endorsement, support, and lead- the heaviest enemy fire.’’ Given this record, the appropriators. It is unclear where ership on our committee. He has raised it was inconceivable that civilian mariners we are going to be able to find the ap- some very good questions that I hope were denied any formal recognition for their proximately $485 million over the next our committee will deal with. important contributions to the war effort. Mr. Speaker, without a doubt, these You have called it an historical injustice of 5 years to fund the bill. the highest order. and you are right. As a believer in the GI Bill, I cer- men, now all of them are in their By providing eligible civilian mariners tainly cannot dispute the fact that the eighties, the average age is 83, in fact, with appropriate benefits, this legislation lack of advantage conferred by GI Bill of the remaining 10,000 that are alive, sends a clear message that the United States education benefits disadvantaged mer- have earned and deserve this delayed government will always honor the contribu- chant mariners and their families in compensation. They fought the good tions of loyal, patriotic Americans. Coming the years following their service. fight. They gave our country every- at a time when this country is embroiled in Mr. Speaker, our merchant mariners thing they could. several conflicts abroad, it is an important provided intrepid and faithful service. This is what H.R. 23 will do, provide message that needs to he delivered. The the merchant mariners with the com- House of Representatives should pass this Sixty years ago, they paid the heavy bill. price for the freedoms we enjoy today. pensation they earned and have been The men and women of the U.S.-flag mer- For that, they certainly deserve our denied for decades, not just in words, chant marine are unwavering in their sup- appreciation. but in deeds. port of our country and its troops in harm’s Mr. Speaker, I reserve the balance of Mr. Speaker, I ask all the Members of way. The fact that you and your colleagues my time. this House for the support of this his- understand that and have been persistent in Mr. FILNER. Mr. Speaker, we have a toric piece of legislation. trying to correct a long-standing oversight new Member from New Hampshire that Ms. BORDALLO. Mr. Speaker, I rise today also sends another message that needs to be I will call the ‘‘not-so-gentle-lady’’ be- in support of H.R. 23, the Belated Thank You heard. By providing this Nation with a reli- able source of sealift and a skilled manpower cause she has been incredibly active to the Merchant Mariners of World War II Act pool of civilian mariners, the U.S.-flag mer- and taken a leadership role in passage of 2007, which is a bill to amend title 46, chant marine will continue to play an impor- of this bill. United States Code, to provide benefits to cer- tant role in the defense of this Nation. Mr. Speaker, I yield such time as she tain individuals who served in the United Sincerely, might consume to the gentlewoman States Merchant Marine, including the Army MICHAEL SACCO, from New Hampshire (Ms. SHEA-POR- Transport Service and the Naval Transport President. TER). Service during World War II. Mr. Speaker, I reserve the balance of Ms. SHEA-PORTER. Mr. Speaker, I United States Merchant Mariners served as my time. rise today in strong support of H.R. 23. a crucial component of America’s seapower Mr. BOOZMAN. Mr. Speaker, I yield I thank the chairman for his leader- force during World War II. Merchant Mariners myself such time as I may consume. ship. were responsible for transporting armies and Mr. Speaker, I want to congratulate Mr. Speaker, I was surprised and sad- equipment behind enemy lines. Merchant Mr. FILNER for his leadership in bring- dened to learn from a constituent that Mariners helped transport not only troops, but ing this bill forward and that of the in spite of the service of the merchant also delivered ammunition, provisions, tanks, staff on both sides. The legislation be- mariners in World War II, none of them airplanes, fuel, and other wartime materiel into fore us, H.R. 23, as amended, would pro- received the same benefits that other theater. Their significant contributions were vide $1,000 monthly payment to World soldiers received: no access to the GI critical in providing logistical support to the War II mariners. Bill, no health benefits, nothing. United States Armed Forces and that support The merchant mariners braved great As you consider this bill that will fi- helped our Armed Forces and allies achieve danger and suffered great loss in their nally show our gratitude to the mer- victory in the war in both the Pacific and Euro- service for the allies. This service has chant marines of World War II, I would pean theaters. been recognized. Since 1988, these war- like to recall the words of General Over 243,000 Merchant Mariners served time merchant mariners have full VA Dwight Eisenhower, who understood during the Second World War. These brave in- benefits, including health care. This what their service had given the United dividuals endured the elements and constant bill goes further than that. It recog- States. In 1944 he had this to say: threats from enemy submarines, mines, armed nizes that these veterans did not have ‘‘Every marine in this Allied Command raiders, destroyers, and aircrafts. An estimated access to the GI Bill when they were is quick to express his admiration for 9,300 Merchant Mariners lost their lives during young. In providing a monthly pay- the loyalty, courage and fortitude of the Second World War. The Merchant Mariner ment, H.R. 23 attempts to compensate the officers and men of the merchant casualty rate was the highest percentage of for the loss of the potential offered by marine. We count upon their efficiency war-related deaths when compared to each of the GI Bill’s educational benefits which and their utter devotion to duty as we the military services.

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 9920 E:\CR\FM\A30JY7.163 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8887 Unlike other military servicemembers, Mer- VETERANS’ BENEFITS dual degree or certification in both such chant Mariners were not offered similar oppor- IMPROVEMENT ACT OF 2007 areas; and tunities to participate in the G.I. Bill of 1945. ‘‘(2) appointment or retention in a position Mr. FILNER. Mr. Speaker, I move to under section 7401 of this title. H.R. 23 will provide long-awaited parity for suspend the rules and pass the bill ‘‘(c) AGREEMENT.—(1) An agreement be- these selfless individuals. It is unfortunate that (H.R. 1315) to amend title 38, United tween the Secretary and a participant in the after 60 years these Merchant Mariners have States Code, to provide specially Program shall (in addition to the require- not been provided access to a benefit they de- adaptive housing assistance to certain ments set forth in section 7604 of this title) serve. In the spirit of fairness and equity, and disabled members of the Armed Forces include the following: in keeping with this Congress’s recent and ‘‘(A) The Secretary’s agreement to provide residing temporarily in housing owned the participant with a scholarship under the previous actions of providing long-awaited and by a family member, as amended. most deserving recognition to forgotten groups Program for a specified number (from one to The Clerk read the title of the bill. three) of school years during which the par- of Americans who served and sacrificed dur- The text of the bill is as follows: ticipant pursues a course of education or ing World War II, I urge passage of H.R. 23. training described in subsection (b) that Today, the United States Merchant Marine H.R. 1315 Be it enacted by the Senate and House of Rep- meets the requirements set forth in section continues its tradition of providing an essential 7602(a) of this title. component to our national security as the resentatives of the United States of America in Congress assembled, ‘‘(B) The participant’s agreement to serve ‘‘fourth arm of defense.’’ Our merchant ships as a full-time employee in the Veterans SECTION 1. SHORT TITLE. Health Administration for a period of three bear the brunt of delivering military supplies This Act may be cited as the ‘‘Veterans’ overseas to our forces and allies. The stark years (hereinafter in this subchapter referred Benefits Improvement Act of 2007’’. to as the ‘period of obligated service’) during lessons of 20th century conflict prove that a SEC. 2. PROVISION OF SPECIALLY ADAPTIVE strong Merchant Marine is an essential part of the six-year period beginning on the date the HOUSING ASSISTANCE TO DISABLED participant completes the education or American seapower. MEMBERS OF THE ARMED FORCES RESIDING TEMPORARILY IN HOUS- training and receives a degree or certificate It is time that we thank these brave men described in subsection (b)(1). and women whose efforts contributed greatly ING OWNED BY A FAMILY MEMBER. Section 2102A of title 38, United States ‘‘(C) The participant’s agreement to serve to the success of the United States during the Code, is amended— under subparagraph (B) in a Department fa- Second World War. I urge my colleagues to (1) by redesignating subsections (d) and (e) cility selected by the Secretary. join me in supporting H.R. 23, which is spon- as subsections (e) and (f), respectively; and ‘‘(2) In a case in which an extension is sored by our colleague from California, Mr. (2) by inserting after subsection (c) the fol- granted under section 7673(c)(2) of this title, the number of years for which a scholarship FILNER, the chairman of the House Committee lowing new subsection (d): may be provided under the Program shall be ‘‘(d) ASSISTANCE FOR MEMBERS OF THE on Veterans Affairs. the number of school years provided for as a Mr. SHAYS. Mr. Speaker, as a cosponsor of ARMED FORCES.—The Secretary may provide assistance under subsection (a) to a member result of the extension. H.R. 23, I am pleased to support this legisla- ‘‘(3) In the case of a participant who is a of the Armed Forces serving on active duty tion on the House floor today. part-time student, the period of obligated who is suffering from a disability described The duty performed by the U.S. Merchant service shall be reduced in accordance with Marines during World War II was courageous in subsection (a)(2) or (b)(2) of section 2101 of the proportion that the number of credit this title if such disability is the result of an and vital to our national interest. H.R. 23 hours carried by such participant in any injury incurred or disease contracted in or such school year bears to the number of would direct the Department of Veterans Af- aggravated in line of duty in the active mili- fairs to pay a monthly benefit of $l,000 to U.S. credit hours required to be carried by a full- tary, naval, or air service. Such assistance time student in the course of training being Merchant Marine veterans who served in the shall be provided to the same extent as as- pursued by the participant, but in no event Army and Navy Transport Services between sistance is provided under subsection (a) to to less than one year. veterans eligible for assistance under that December 7, 1941, and December 31, 1946, ‘‘§ 7693. Scholarship or to their survivors. subsection and subject to the limitation under subsection (c).’’. ‘‘(a) SCHOLARSHIP.—A scholarship provided During World War II, the Army and Navy to a participant in the Program for a school Transport Services delivered troops and sup- SEC. 3. VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS year shall consist of payment of the tuition plies to the front lines. These men often put EDUCATION ASSISTANCE PROGRAM. (or such portion of the tuition as may be pro- their lives in danger to keep supplies flowing, (a) ESTABLISHMENT OF PROGRAM.—Chapter vided under subsection (b)) of the participant but Merchant Marine veterans were not grant- 76 of title 38, United States Code, is amended for that school year and payment of other ed benefits under the G.I. Bill of Rights that by adding at the end the following new sub- reasonable educational expenses (including Congress enacted in 1945. chapter: fees, books, and laboratory expenses) for All those who served in the Army, Navy, that school year. ‘‘SUBCHAPTER VIII—VISUAL IMPAIR- ‘‘(b) AMOUNTS.—The total amount of the Marine Corps, Air Force or Coast Guard were MENT AND ORIENTATION AND MOBIL- scholarship payable under subsection (a)— recipients of benefits under the G.I. Bill. The ITY PROFESSIONALS SCHOLARSHIP ‘‘(1) in the case of a participant in the Pro- United States Merchant Marine regretfully was PROGRAM gram who is a full-time student, may not ex- not included. ‘‘§ 7691. Authority for program ceed $15,000 for the equivalent of one year of Mr. Speaker, I urge my colleagues to sup- ‘‘As part of the Educational Assistance full-time coursework; and port this legislation. Program and subject to the availability of ‘‘(2) in the case of a participant in the Pro- The SPEAKER pro tempore. The appropriations for such purpose, the Sec- gram who is a part-time student, shall bear question is on the motion offered by retary shall carry out a scholarship program the same ratio to the amount that would be the gentleman from California (Mr. under this subchapter. The program shall be paid under paragraph (1) if the participant known as the Department of Veterans Af- were a full-time student in the course of edu- FILNER) that the House suspend the cation or training being pursued by the par- rules and pass the bill, H.R. 23, as fairs Visual Impairment and Orientation and Mobility Professionals Scholarship Program ticipant as the coursework carried by the amended. (hereinafter in this subchapter referred to as participant to full-time coursework in that The question was taken; and (two- the ‘Program’). The purpose of the Program course of education or training. thirds being in the affirmative) the is to increase the supply of qualified blind ‘‘(c) LIMITATIONS ON PERIOD OF PAYMENT.— rules were suspended and the bill, as rehabilitation specialists for the Department (1) The maximum number of school years for amended, was passed. and the Nation. which a scholarship may be paid under sub- The title was amended so as to read: section (a) to a participant in the Program ‘‘§ 7692. Eligibility; agreement shall be six school years. ‘‘A Bill to amend title 38, United ‘‘(a) ELIGIBILITY.—To be eligible to partici- ‘‘(2) A participant in the Program may not States Code, to direct the Secretary of pate in the Program, an individual must be receive a scholarship under subsection (a) for Veterans Affairs to establish the Mer- accepted for enrollment or enrolled (as de- more than the equivalent of three years of chant Mariner Equity Compensation scribed in section 7602 of this title) as a full- full-time coursework. Fund to provide benefits to certain in- time or part-time student in a field of edu- ‘‘(d) PAYMENT OF EDUCATIONAL EXPENSES dividuals who served in the United cation or training described in subsection BY EDUCATIONAL INSTITUTIONS.—The Sec- States merchant marine (including the (b). retary may arrange with an educational in- ‘‘(b) QUALIFYING FIELDS OF EDUCATION OR stitution in which a participant in the Pro- Army Transport Service and the Naval TRAINING.—A field of education or training gram is enrolled for the payment of the edu- Transport Service) during World War described in this subsection is education or cational expenses described in subsection (a). II.’’. training leading to— Such payments may be made without regard A motion to reconsider was laid on ‘‘(1) a degree or certificate in visual im- to subsections (a) and (b) of section 3324 of the table. pairment or orientation and mobility, or a title 31.

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‘‘(e) FULL-TIME COURSEWORK.—For pur- ‘‘(2) A participant in the Program who on chapter’’ and inserting ‘‘for which a scholar- poses of this section, full-time coursework the participant’s course completion date is a ship may be awarded under subchapter VI of shall consist of the following: full-time employee in the Veterans Health this chapter, or for which a scholarship may ‘‘(1) In the case of undergraduate Administration serving in a capacity for be awarded under subchapter VIII of this coursework, 30 semester hours per under- which the participant’s course of training chapter’’; and graduate school year. prepared the participant shall be considered (B) in subsection (b), by striking ‘‘or VI’’ ‘‘(2) In the case of graduate coursework, 18 to have begun serving the participant’s pe- and inserting ‘‘VI, or VIII’’; semester hours per graduate school year. riod of obligated service on such course com- (3) in section 7603(a)(1), by striking ‘‘or VI’’ ‘‘§ 7694. Obligated service pletion date. and inserting ‘‘VI, or VIII’’; and ‘‘(a) IN GENERAL.—Each participant in the ‘‘(d) COURSE COMPLETION DATE DEFINED.— (4) in section 7604, by striking ‘‘or VI’’ each Program shall provide service as a full-time In this section, the term ‘course completion place it appears and inserting ‘‘VI, or VIII’’. employee of the Department for the period of date’ means the date on which a participant (d) EFFECTIVE DATE.—The Secretary of obligated service provided in the agreement in the Program completes the participant’s Veterans Affairs shall implement subchapter of the participant entered into under section course of education or training under the VIII of chapter 76 of title 38, United States 7604 of this title. Such service shall be pro- Program. Code, as added by subsection (a), not later vided in the full-time clinical practice of ‘‘§ 7695. Repayment for failure to satisfy re- than six months after the date of the enact- such participant’s profession or in another quirements of agreement ment of this Act. health-care position in an assignment or lo- ‘‘(a) IN GENERAL.—An individual who re- SEC. 4. VETERANS’ REEMPLOYMENT RIGHTS RE- cation determined by the Secretary. ceives educational assistance under this sub- PORT IMPROVEMENT. (a) ADDITIONAL REPORT REQUIREMENTS.— ‘‘(b) DETERMINATION OF SERVICE COMMENCE- chapter shall repay to the Secretary an Section 4332 of title 38, United States Code, MENT DATE.—(1) Not later than 60 days be- amount equal to the unearned portion of is amended— fore a participant’s service commencement such assistance if the individual fails to sat- (1) by striking ‘‘The Secretary shall’’ and date, the Secretary shall notify the partici- isfy the requirements of the agreement en- inserting ‘‘(a) REPORT REQUIRED.—The Sec- pant of that service commencement date. tered into under section 7604 of this title, ex- retary shall’’; That date is the date for the beginning of the cept in circumstances authorized by the Sec- (2) by redesignating paragraphs (4) through participant’s period of obligated service. retary. (6) as paragraphs (5) through (7), respec- ‘‘(2) As soon as possible after a partici- ‘‘(b) AMOUNT OF REPAYMENT.—The Sec- pant’s service commencement date, the Sec- retary shall establish, by regulations, proce- tively, and inserting after paragraph (3) the retary shall— dures for determining the amount of the re- following new paragraph (4): ‘‘(A) in the case of a participant who is not payment required under this subsection and ‘‘(4) The number of cases reviewed by the a full-time employee in the Veterans Health the circumstances under which an exception Secretary of Defense under the National Administration, appoint the participant as to the required repayment may be granted. Committee for Employer Support of the such an employee; and ‘‘(c) WAIVER OR SUSPENSION OF COMPLI- Guard and Reserve of the Department of De- ‘‘(B) in the case of a participant who is an ANCE.—The Secretary shall prescribe regula- fense during the fiscal year for which the re- employee in the Veterans Health Adminis- tions providing for the waiver or suspension port is made.’’. tration but is not serving in a position for of any obligation of an individual for service (3) in paragraph (5), as so redesignated, by which the participant’s course of education or payment under this subchapter (or an striking ‘‘or (3)’’ and inserting ‘‘(3), or (4)’’; or training prepared the participant, assign agreement under this subchapter) whenever (4) by redesignating paragraph (7), as so re- the participant to such a position. noncompliance by the individual is due to designated, as paragraph (8), and inserting ‘‘(3)(A) In the case of a participant receiv- circumstances beyond the control of the in- after paragraph (6) the following new para- ing a degree from a school of medicine, oste- dividual or whenever the Secretary deter- graph (7): opathy, dentistry, optometry, or podiatry, mines that the waiver or suspension of com- ‘‘(7) An indication of which of the cases re- the participant’s service commencement pliance is in the best interest of the United ported on pursuant to paragraphs (1), (2), (3), date is the date upon which the participant States. and (4) are disability-related.’’. becomes licensed to practice medicine, oste- ‘‘(d) OBLIGATION AS DEBT TO UNITED (5) by adding at the end the following new opathy, dentistry, optometry, or podiatry, as STATES.—An obligation to repay the Sec- subsections: the case may be, in a State. retary under this section is, for all purposes, ‘‘(b) UNIFORM CATEGORIZATION OF DATA.— ‘‘(B) In the case of a participant receiving a debt owed the United States. A discharge The Secretary shall coordinate with the Sec- a degree from a school of nursing, the par- in bankruptcy under title 11 does not dis- retary of Defense, the Secretary of Veterans ticipant’s service commencement date is the charge a person from such debt if the dis- Affairs, the Attorney General, and the Spe- later of— charge order is entered less than five years cial Counsel to ensure that the information ‘‘(i) the participant’s course completion after the date of the termination of the required to be submitted as part of the re- date; or agreement or contract on which the debt is port under subsection (a) is categorized in a ‘‘(ii) the date upon which the participant based.’’. uniform way. becomes licensed as a registered nurse in a (b) CLERICAL AMENDMENT.—The tables of ‘‘(c) PROVISION OF INFORMATION.—The Sec- State. sections at the beginning of such chapter is retary shall provide the information con- ‘‘(C) In the case of a participant not cov- amended by inserting after the items relat- tained in the report required under sub- ered by subparagraph (A) or (B), the partici- ing to subchapter VII the following new section (a) to the Secretary of Defense, the pant’s service commencement date is the items: Secretary of Veterans Affairs, the Attorney later of— General, and the Special Counsel.’’. ‘‘SUBCHAPTER VIII—VISUAL IMPAIRMENT AND ‘‘(i) the participant’s course completion (b) EFFECTIVE DATE.—The amendments date; or ORIENTATION AND MOBILITY PROFESSIONALS made by this section shall apply with respect ‘‘(ii) the date the participant meets any ap- SCHOLARSHIP PROGRAM to a report submitted after the date of the plicable licensure or certification require- ‘‘7691. Authority for program. enactment of this Act. ments. ‘‘7692. Eligibility; agreement. SEC. 5. INCREASE IN NUMBER OF MEMBERS OF ‘‘(4) The Secretary shall by regulation pre- ‘‘7693. Scholarship. ADVISORY COMMITTEE ON VET- scribe the service commencement date for ‘‘7694. Obligated service. ERANS EMPLOYMENT, TRAINING, participants who were part-time students. ‘‘7695. Repayment for failure to satisfy re- AND EMPLOYER OUTREACH. Such regulations shall prescribe terms as quirements of agreement.’’. Section 4110(c)(1) of title 38, United States similar as practicable to the terms set forth (c) CONFORMING AMENDMENTS.—Such chap- Code, is amended by striking ‘‘15’’ and in- in paragraph (3). (c) ter is further amended— serting ‘‘16’’. ‘‘(c) COMMENCEMENT OF OBLIGATED SERV- (1) in section 7601(a)— The SPEAKER pro tempore. Pursu- ICE.—(1) Except as provided in paragraph (2), (A) in paragraph (4), by striking ‘‘and’’ at ant to the rule, the gentleman from a participant in the Program shall be consid- the end; California (Mr. FILNER) and the gen- ered to have begun serving the participant’s (B) in paragraph (5), by striking the period period of obligated service— and inserting ‘‘; and’’; and tleman from Arkansas (Mr. BOOZMAN) ‘‘(A) on the date, after the participant’s (C) by adding at the end the following new each will control 20 minutes. course completion date, on which the partic- paragraph: The Chair recognizes the gentleman ipant (in accordance with subsection (b)) is ‘‘(6) the Visual Impairment and Orienta- from California. appointed as a full-time employee in the tion and Mobility Professionals Scholarship GENERAL LEAVE Veterans Health Administration; or Program provided for in subchapter VIII of Mr. FILNER. Mr. Speaker, on this ‘‘(B) if the participant is a full-time em- this chapter.’’; bill, H.R. 1315, and the previous bill, ployee in the Veterans Health Administra- (2) in section 7602— H.R. 23, I would ask unanimous consent tion on such course completion date, on the (A) in subsection (a)(1)— date thereafter on which the participant is (i) by striking ‘‘or VI’’ and inserting ‘‘VI, that all Members have 5 legislative assigned to a position for which the partici- or VIII’’; and days within which to revise and extend pant’s course of training prepared the partic- (ii) by striking ‘‘or for which a scholarship their remarks and include extraneous ipant. may be awarded under subchapter VI of this material.

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.155 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8889 The SPEAKER pro tempore. Is there We all stand united here in this As more and more of our troops are objection to the request of the gen- House in caring for our veterans, and I deployed in missions around the globe, tleman from California? urge my colleagues to support H.R. additional steps must be taken to pro- There was no objection. 1315, as amended. mote and protect the health and wel- Mr. FILNER. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of fare of our veterans. Their honorable, myself such time as I may consume. my time. courageous and patriotic service de- Mr. Speaker, I am glad that my col- Mr. BOOZMAN. Mr. Speaker, I yield mands no less. In light of increasing leagues on the committee were able to myself such time as I may consume. numbers of disabled veterans returning work together to craft this important Mr. Speaker, H.R. 1315, as amended, from Iraq and Afghanistan, the already piece of legislation. The Chair of our contains several important provisions urgent demand to pass legislation to Subcommittee on Economic Oppor- to improve the lives of servicemembers meet the needs of these new veterans is tunity, Ms. HERSETH SANDLIN, and her and veterans. rising. ranking member, Mr. BOOZMAN, pro- First, severely injured servicemem- Mr. Speaker, this legislation would vided really strong bipartisan leader- bers would be able to benefit from VA’s provide specially adaptive housing as- ship that was important in this bill. As specially adapted housing program sistance to disabled servicemembers I said when starting this package of prior to discharge. I appreciate Chair- who have not yet been discharged from bills, we must never forget the great woman HERSETH SANDLIN’s vigilance active duty and therefore have not debt we owe to all of them. We have to and leadership in this area in bringing reached veteran status. Under current remember the courage and sacrifice this forward. law, a temporary grant is available to demonstrated daily by those who serve Second, DOD, the Department of disabled veterans who are or will be our Nation. Labor, the Attorney General, the Office temporarily residing in a home owned Mr. Speaker, when our servicemem- of Special Counsel and VA would be re- by a family member. Our original in- bers return home, it is our solemn obli- quired to adapt common reporting cri- tent in the last Congress was to allow gation to protect and serve them with teria regarding servicemembers’ em- servicemembers in transition prior to the same commitment and dedication ployment rights under the Uniformed discharge to also use this benefit. How- which they protected and served us. Services Employment and Reemploy- ever, the law, as currently written, H.R. 1315, as amended, would con- ment Rights Act, USERRA. Again, I does not qualify transitioning tribute to just that level of commit- appreciate Mr. REICHERT for his hard servicemembers for these housing ment. work in bringing this forward. I think grants. This legislation seeks to clarify Under current law, transitioning dis- this is an excellent provision. congressional intent and provide as- abled servicemembers who are tempo- Third, VA would be authorized to es- sistance up to $14,000 to adapt the fam- rarily living in housing owned by a tablish scholarship programs for pur- ily member’s home to meet the family member are barred from receiv- suing degrees in rehabilitation for the transitioning servicemember’s special ing financial assistance to make nec- visually impaired. Ms. SHEILA JACKSON- needs. In addition, this legislation would di- essary adaptations to their housing. LEE also did a good job in bringing this rect the Secretary of the Department This bill before us clarifies this point forward. This is something that I am of Veterans Affairs to establish a schol- of law and ensures those veterans have very, very familiar with in the sense arship program for students seeking a the resources necessary to enjoy a that I am an optometrist and have had the opportunity to visit, not to visit, to degree or certificate in blind rehabili- comfortable and independent lifestyle. tation under the Health Professional This legislation creates a scholarship deal with these types of patients many Education Assistance program. In ex- for students interested in earning a de- times in the past. This is something we change for the scholarship award, stu- gree or certification in blind rehabili- definitely need to do. Mr. Speaker, I thank Chairwoman dents will be required to work for 3 tation. In return for these scholarships, HERSETH SANDLIN for her bipartisan years in a health care facility within these students would provide 3 years of leadership on this excellent bill, and I the Department of Veterans Affairs. service to the U.S. Department of Vet- urge my colleagues to support H.R. This bill would also require the Sec- erans Affairs. The effect of this pro- 1315, as amended. retary of the Department of Labor and gram will be a needed staff increase to Mr. Speaker, I reserve the balance of the Secretary of the Department of De- meet the growing needs of our vision- my time. fense to coordinate their sharing of and impaired and blind veterans. Mr. FILNER. Mr. Speaker, I yield reporting on the complaint data filed I must say, Ms. HERSETH SANDLIN, we such time as she may consume to the by National Guard and Reservists fac- ought to look at this for some other gentlewoman from South Dakota (Ms. ing difficulty in obtaining employ- needs of the VA, whether it is nursing HERSETH SANDLIN), our Chair of the ment. It would require the use of uni- or psychiatry or whatever. This way of Subcommittee on Economic Oppor- form categories in tracking and report- encouraging and incentivizing those tunity, who is the energetic, articu- ing the data, including the difficulty of who could serve our veterans is a really late, aggressive and fine spokesman for obtaining employment experienced by fine approach. veterans. veterans with service-connected dis- The bill will, furthermore, bring Ms. HERSETH SANDLIN. Mr. Speak- abilities. These provisions will enable more efficiency and accountability to er, I thank our distinguished chairman Congress to better identify trends in the veteran employment process by fa- for yielding. the reemployment challenges faced by cilitating greater coordination among Mr. Speaker, I rise in strong support our returning Guard and Reserve the U.S. Departments of Veterans Af- of H.R. 1315, the Veterans’ Benefits Im- forces, and the corrective actions need- fairs, Defense, and Labor. It allows for provement Act of 2007. As the sponsor ed to ease their transition back into a more transparent view of data con- of H.R. 1315, I want to thank Chairman the civilian workforce. cerning complaints submitted by the FILNER and Ranking Member BUYER, as Finally, H.R. 1315 would add a rep- National Guard and Reservists regard- well as my good friend subcommittee resentative from the National Gov- ing difficulty obtaining employment. Ranking Member BOOZMAN, for their ernors Association to the existing 15- Ensuring that our servicemembers strong leadership and unwavering dedi- member Advisory Committee on Vet- are afforded a seamless transition from cation to our veterans and for working erans Employment, Training and Em- active duty to civilian life is an issue hard to craft this bipartisan bill. ployer Outreach located under the aus- that we in the committee are keenly pices of the Department of Labor. This aware of, and I am glad to see needed b 1630 has been a priority for both the chair- language in this bill. I would also like to thank Congress- man and the ranking member of the Finally, this bill corrects a technical woman SHEILA JACKSON-LEE of Texas full committee. error in current law to increase the and Congressman DAVE REICHERT of During the last Congress, we passed U.S. Department of Labor’s Advisory Washington and Congressman TIM legislation which became Public Law Committee on Veterans Employment WALZ of Minnesota who have contrib- 109–46 that was intended to add the Na- Training and Employer Outreach by uted substantially to this important tional Governors Association rep- one representative from the existing 15. legislation. resentative to the Advisory Committee

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.110 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8890 CONGRESSIONAL RECORD — HOUSE July 30, 2007 on Veterans Employment, Training ness, you have employment, you have a Let me explain what this legislation and Employer Outreach. However, a profession, and all of a sudden it is does. We establish here and now an technical error did not increase the taken away. When you return, it is educational assistance program for total authorized membership to 16, pre- gone. Your family has no job. You have persons pursuing training in blind re- venting the National Governors Asso- no income. You are looking at maybe habilitation. I thank the chairman for ciation from being added to the Advi- selling your house, selling your car. citing this legislation as a possible sory Committee on Veterans Employ- Health insurance might not be avail- model for nurses and psychologists ment, Training and Employer Out- able. All of these things are things that that may be needed as we move in the reach. our veterans in the last few years had future. In summary, this bill will provide our to deal with upon their return. This There are approximately 160,000 le- injured servicemembers the resources bill fixes that. gally blind veterans in the United needed to live with the comfort and We are able to help them make sure States, but only 35,000 are currently independence they deserve, expand edu- that they have employment when they enrolled in the Veterans Health Admin- cation programs to more effectively return from serving our country and istration’s services. It is estimated address the rehabilitative needs of our keeping us free. I urge all of my col- that there are over 1 million low-vision veterans, bolster reemployment aid for leagues to vote in favor of this legisla- veterans in the United States, and inci- returning veterans, and strengthen the tion. What an honor it is to be here dence of blindness among the total vet- advisory committee membership with- again today to speak on behalf of our eran population of 26 million are ex- in the Department of Labor. veterans across the world. pected to increase by about 40 percent I commend the leadership of Chair- Mr. FILNER. Mr. Speaker, I yield 5 in the next 4 years. This is because the man FILNER and certainly the great bi- minutes to another great and energetic most prevalent causes of legal blind- partisan working relationship that Mr. advocate for veterans, the gentle- ness and low vision are age-related, and BOOZMAN and I have enjoyed over the woman from Texas (Ms. JACKSON-LEE). the average age of the veteran popu- Ms. JACKSON-LEE of Texas. Mr. last two Congresses. I urge my col- lation is increasing. The current age is Speaker, this gives me an opportunity leagues to vote favorably on the final about 80 years old. passage of H.R. 1315. for the first time to rise and thank In addition, we know that there will Mr. BOOZMAN. Mr. Speaker, I yield Chairman FILNER for the enthusiastic be veterans coming home, because of the gentleman from Washington (Mr. and passionate and newfound leader- the IED injuries in Iraq and Afghani- REICHERT), one of the authors of a por- ship that he has given to the Veterans’ stan, with injuries impacting their vi- tion of the bill, such time as he may Affairs Committee. We thank him for sion. consume. being a beloved member of the veterans Let me also acknowledge the spe- Mr. REICHERT. Mr. Speaker, I thank community. All over the Nation vet- cifics of this legislation. It mandates the gentleman for yielding and thank erans are celebrating his chairmanship, that the Secretary of Veterans Affairs both sides of the aisle on this great and I thank him very much for his shall provide financial assistance to piece of legislation. It truly is an honor leadership, his bipartisan leadership students enrolled in a program of study to be here this afternoon to speak on it with the ranking member of this com- leading to a degree or certificate in vis- on behalf of our veterans across the mittee. ual impairment and/or orientation and world. And let me thank Chairwoman mobility at an accredited educational I am very pleased that part of the HERSETH SANDLIN for her leadership; institution in the U.S., provided they language that I have been working on, and Mr. BOOZMAN, thank you. This along with other friends here in the whole committee draws the affection of agree with the applicable require- House of Representatives, works to Members from both sides of the aisle, ments. As I said, the purpose of this make sure that our returning veterans and both of you exhibit the kind of scholarship program is to increase the have a job, make sure that their fami- leadership that we and the veterans supply of qualified blind rehabilitation lies are taken care of. can be proud of. specialists for the Department of Vet- I was in the Air Force Reserve for 6 I rise to support H.R. 1315 and ac- erans Affairs and the Nation. It re- years. That was a long time ago. I was knowledge the many sections of the quires the Secretary of Veterans Af- never called to active duty. I worked bill, which includes section 2, where fairs to widely publicize this scholar- for the sheriff’s office then, and even the bill adopts Ms. HERSETH SANDLIN’s ship program to colleges and univer- back in the early 1970s, as I served our legislation dealing with housing; and sities across the Nation, especially in- country in the Air Force and served section 3, where Mr. WYNN of Mary- stitutions with large numbers of His- our community on the streets as a po- land’s legislation is adopted dealing panic students and HBCUs, Historically lice officer, I never had to worry when with mortgage foreclosure; and section Black Colleges. This is particularly I served my one weekend a month or 5, which addresses the legislation of helpful to the minority population who my 2 weeks every year that my em- Mr. REICHERT, which is so very impor- are interested in the field of vision re- ployer would get upset with me and tant about employing our veterans. habilitation. say, You know what, we can’t support I am proud that the basis for the new To apply and participate in this you here as you support our country program dealing with the blind is based scholarship program, an applicant shall and our troops across the world serving upon my bill, Visual Impairment Spe- submit to the Secretary, or his des- our country; we need you here every cialist Training Act. This VISTA act ignee, an application and agree to serve day. In fact, it was just the opposite. responds to the increasing numbers of a 3-year period of obligated service in The sheriff’s office said, We are proud veterans and soldiers who are now re- the Department of Veterans Affairs. to have you as a member of the Air turning from the battlefield with vi- This is the crux of the legislation, so Force Reserve. We are proud to have sion injuries. I am proud that my legis- that we have a mandatory pool of those you come back and serve with us and lation was strongly supported by individuals helping the veterans as have you continue to serve in the Air Chairman FILNER; Mr. MICHAUD, chair- they move forward. Force Reserve. And when I became man of the Subcommittee on Health; The maximum award for any full- sheriff later on in 1997, and after 2001, and the co-chairs, as I have mentioned, time student per academic year may still serving as the sheriff in King of the Congressional Vision Caucus, not exceed $15,000. The maximum County, we made sure that our Guard Mr. GENE GREEN of Texas and Ms. ROS- award for any part-time student shall and Reserves had a job. LEHTINEN of Florida. be determined in proportion to the And I could see it in the eyes of their This legislation is also supported by amount that would be the case if the spouses and their children and the rest the Blind Veterans of America, an or- student were full time. For any stu- of their family, because they felt loved, ganization chartered by Congress in dent, however, the total amount of as- they felt cared for, they felt com- 1958, which has been for nearly 50 years sistance may not exceed $45,000. fortable to know that when their loved the only veterans service organization This is good news. It trains individ- one returned, they had a job. exclusively dedicated to serving Amer- uals, gives them a scholarship, and it Imagine for a moment that you ica’s blind and visually impaired vet- doesn’t burden the Federal Govern- started a family, you started a busi- erans. ment. Why, because the debt is owed to

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.112 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8891 the United States Government and years the only veterans service organization As I stated earlier, the purpose of the schol- therefore it cannot be discharged be- exclusively dedicated to serving America’s arship program is to increase the supply of cause of bankruptcy. blind and visually impaired veterans. Com- qualified blind rehabilitation specialists for the To conclude my remarks, I ask that panion legislation, S.1672, ‘‘The VA Vision Department of Veterans Affairs and the Na- my colleagues look carefully at this Scholars Act of 2007,’’ has already been intro- tion. hopefully innovative approach to help- duced in the other body by Senators HAGEL, The legislation requires that the Secretary of ing our veterans and our returning sol- OBAMA, and BROWN. Veterans Affairs shall widely publicize this diers who will be in great need from Mr. Speaker, let me explain briefly why it is scholarship program to colleges and univer- the injuries they have experienced. I so important that we establish here and now sities across the Nation, especially institutions thank the bipartisan leadership of this an educational assistance program for per- with large numbers of Hispanic students and committee and ask my colleagues to sons pursuing training in blind rehabilitation. HBCUs. This is a particularly salutary provi- support the bill. There are approximately 160,000 legally sion because African Americans, Hispanics, Mr. Speaker, I proudly rise to strongly sup- blind veterans in the United States, but only and other minorities are underrepresented in port H.R. 1315, the ‘‘Veterans’ Benefit Im- 35,000 are currently enrolled in Veterans the field of vision rehabilitation. provement Act of 2007.’’ I enthusiastically sup- Health Administration services. To apply and participate in the scholarship In addition, it is estimated that there are port this legislation because it keeps faith with program, an applicant shall submit to the Sec- over 1 million low-vision veterans in the United the men and women who have worn the uni- retary, or his designee, an application and States, and incidences of blindness among the form in service to our country. Let me express agree to serve a 3-year period of obligated total veteran population of 26 million are ex- my appreciation to Mr. FILNER and Ms. service in the Department of Veterans Affairs. HERSETH SANDLIN, the Chairman of the Vet- pected to increase by about 40 percent over the next few years. This is because the most The legislation requires that the Secretary erans Affairs Committee and the Chairwoman shall include among the application and agree- of the Economic Opportunity Subcommittee, prevalent causes of legal blindness and low vi- sion are age-related, and the average age of ment materials a fair summary of the rights and to their respective ranking members, Mr. and liabilities of the applicant if accepted into BUYER and Mr. BOOZMAN, for their persever- the veteran population is increasing; the cur- rent average age is about 80 years old. the program. ance in shepherding this legislation to the When the Secretary approves of the appli- House floor. Members of the armed forces are important to our Nation and we show them our apprecia- cant’s acceptance, the applicant shall be Mr. Speaker, H.R. 1315 consists of five promptly notified and accepted into the pro- main sections. Section 2 of the bill adopts Ms. tion by taking care of them even after they have completed their service. But the fact is gram. HERSETH SANDLIN’s legislation providing for The amount of financial assistance provided specially adaptive housing (SAH) assistance that there are not enough blind rehabilitation for an applicant shall be the amount deter- to disabled servicemembers residing tempo- specialists to serve all legally blind and low-vi- mined by the Secretary as being necessary to rarily in housing owned by a family member. sion veterans in the United States. Blind rehabilitation training helps give these pay the tuition and fees of the applicant. If the Under current law, a temporary grant may be veterans awareness of and functioning in their applicant is enrolled in a dual degree or certifi- available to veterans who are or will be tem- surroundings and enables them to retain their cation program, the amount awarded shall not porarily residing in a home owned by a family independence and dignity. Veterans without exceed the amounts necessary for the min- member. This assistance, allowable up to these services may find it difficult to be self- imum number of credit hours to achieve such $14,000, may be used to adapt the family sufficient, relying on others to perform certain dual certification or degree. member’s home to meet the veteran’s special skills or even simple tasks on their behalf. Financial assistance provided to an appli- needs at that time. Mr. Speaker, Public Law 104–262, the Eligi- Section 5 of the bill, which is based on a cant by this scholarship program may supple- bility Reform Act 1996, requires the Depart- ment other educational assistance, as long as proposal by Mr. REICHERT of Washington, re- ment of Veterans Affairs to maintain its capac- quires the Secretary of Labor to provide Con- the total award does not exceed the tuition ity to provide specialized rehabilitative services and fees required for an academic year. gress an annual report on veterans’ reemploy- to disabled veterans, but it cannot do so when ment rights. Section 6 adds an additional rep- The maximum award for any full-time stu- there are not enough specialists to address dent per academic year may not exceed resentative from the National Governor’s As- these needs. sociation to the existing 15 member Advisory $15,000. The maximum award for any part- Last December, the Veterans Programs Ex- time student should be determined in propor- Committee on Veterans Employment, Training tension Act was passed, which included a pro- and Employer Outreach withIn the U.S. De- tion to the amount that would be the case if vision by Congressman MICHAEL MICHAUD to the student were full-time. For any student, the partment of Labor. increase the number of Blind Rehabilitation Each of these provisions is a useful, con- total amount of assistance may not exceed Outpatient Specialists serving our Nation’s vet- $45,000. structive, and welcome legislative initiative. erans. However, there are currently not The maximum duration for financial assist- Any of one of them would warrant an over- enough counselors certified in blind rehabilita- ance under this program is 6 years. whelming vote in favor of the bill. But Mr. tion to provide for the growing number of blind Speaker, what makes this legislation truly ex- or low-vision veterans, let alone the rest of our The agreement for participation in this traordinary is the inclusion of Section 4, which Nation’s elderly population. scholarship program shall be signed by both establishes a ‘‘Visual Impairment and Orienta- Section 4 of the legislation before us helps the Secretary and the participant. The Sec- tion and Mobility Professionals Education As- to remedy this situation by directing the Sec- retary shall agree to provide the participant sistance Program.’’ This legislation will close a retary of Veterans Affairs to establish a schol- with the authorized financial assistance and large gap in the Nation’s commitment to blind arship program for students seeking a degree the participant shall agree to: accept the as- and low-vision veterans by establishing a or certificate in blind rehabilitation (Vision Im- sistance; maintain enrollment and attendance scholarship program for students seeking pairment and/or Orientation and Mobility). The in the appropriate program of study; maintain training in blind rehabilitation. availability of these scholarship opportunities an acceptable level of academic standing; I am proud and honored, Mr. Speaker, that will provide an incentive to students consid- serve as a full-time employee in the Depart- the basis for this new program for our blind ering entry into the field. ment of Veterans Affairs for 3 years within the and low-vision veterans is the legislation I in- Additionally, in exchange for the scholarship first 6 years after completing the program and troduced earlier this Congress, H.R. 1240, the award, students are required to work for 3 receiving the degree or certificate specified. ‘‘Vision Impairment Specialist Training Act,’’ or years in a healthcare facility of the Department If the applicant fails to satisfy the require- VISTA Act of 2007. I am proud that my legis- of Veterans Affairs, to ensure that our vet- ments of the agreement, the applicant must lation was strongly supported by the chairman erans are well cared for. repay the amount equal to the unearned por- of the Veterans Affairs Committee, Mr. FILNER; If I might, let me discuss this vital legislation tion of assistance, except in circumstances au- Mr. MICHAUD, the chair of this Committee’s in more detail. The legislation mandates that thorized by the Secretary. The Secretary shall Subcommittee on Health; the co-chairs of the the Secretary of Veterans Affairs shall provide establish procedures for determining the Congressional Vision Caucus, my colleague financial assistance to students enrolled in a amount of the repayment required, as well as Mr. GENE GREEN of Texas and Ms. ROS- program of study leading to a degree or certifi- the circumstances under which an exception LEHTINEN of Florida. This legislation is also cate in Visual Impairment and/or Orientation to the required repayment may be granted. strongly supported by the Blind Veterans of and Mobility at an accredited educational insti- The Secretary shall prescribe regulations for America, an organization chartered by Con- tution in a U.S. state or territory, provided that the waiver or suspension of an applicant’s ob- gress in 1958, which has been for nearly 50 they agree with applicable requirements. ligation for service or payment whenever the

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 9920 E:\CR\FM\K30JY7.113 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8892 CONGRESSIONAL RECORD — HOUSE July 30, 2007 applicant’s noncompliance is due to cir- Gordon, Mona Floyd, Yohannes Tsehai, the provisions of the legislation Congressman cumstances beyond his or her control or it is Greg Berry, and all of the Veterans’ Af- REICHERT and I authored, the Improving Vet- in the best interest of the United States. fairs Committee. erans’ Reemployment Act, H.R. 1315 includes Mr. Speaker, I should point out that an obli- Also, let me acknowledge, I think many important provisions that improve bene- gation to repay the Secretary under this sec- there was a deletion of section 5, and I fits for veterans nationwide. tion is a debt owed the United States. Thus, want to correct that for the record. Mr. FILNER. Mr. Speaker, I urge a discharge in bankruptcy does not discharge Mr. FILNER. Mr. Speaker, I just support of H.R. 1315, as amended, and I a person from a debt under this legislation if wanted to conclude by referring to the yield back the balance of my time. the discharge order is entered less than 5 section that the gentlewoman from The SPEAKER pro tempore. The years after the date of the termination of the Texas (Ms. JACKSON-LEE) referred to. question is on the motion offered by agreement or contract. Unfortunately, because of scoring the gentleman from California (Mr. Mr. Speaker, every morning when I arrive at rules, we had to remove at the last FILNER) that the House suspend the my office, I am reminded of how fortunate I minute a section that would have given rules and pass the bill, H.R. 1315, as am to live in a Nation as great as the United protection from foreclosure, extend the amended. States. Outside of my office there is a poster- protection from foreclosure on homes The question was taken; and (two- board with the names and faces of those he- from 3 months to 6 months for those thirds being in the affirmative) the roes from Houston, Texas, who have lost their who are fighting abroad, whether in rules were suspended and the bill, as lives wearing the uniform of our country. We the active duty or in the Guard and Re- amended, was passed. live in a Nation where so many brave young serve units. The title was amended so as to read: ‘‘A Bill to amend title 38, United men and women volunteer to the ultimate sac- b 1645 rifice so that their countrymen can enjoy the States Code, to make certain improve- blessings of liberty. Now is the time to let our It’s a very important section, very ments in the benefits provided to vet- heroes know they have not been, and will important protection I think that we erans under laws administered by the never be, forgotten. They deserve honor, they have to extend to our men and women Secretary of Veterans Affairs, and for deserve dignity, and they deserve the best in active duty. We will take that up at other purposes.’’. care. After all, this is the least we can do for a later time and try to make sure that A motion to reconsider was laid on those who have done so much for all of us. that protection is granted. the table. In closing, Mr. Speaker, let me also thank Mr. WALZ of Minnesota. Mr. Speaker, I rise f the Staff of the Veterans Affairs Committee today in support of H.R. 1315. I applaud my VETERANS’ HEALTH CARE and the Subcommittee on Economic Oppor- colleague, Congresswoman HERSETH SANDLIN, IMPROVEMENT ACT OF 2007 tunity for their hard work. I also wish to pay for her tireless work as Chair of the Economic special tribute to several members of my staff Opportunity Subcommittee of the Veterans’ Af- Mr. FILNER. Mr. Speaker, I move to without whose valuable contributions this sig- fairs Committee. She has put together an im- suspend the rules and pass the bill nificant legislative achievement would not pressive package of benefits in this bill and as (H.R. 2874) to amend title 38, United have been possible: Maggie Mitchell, Shelle a veteran myself, I have to say I am incredibly States Code, to make certain improve- Gordon, Mona Floyd, Yohannes Tsehai, and proud to serve with the Congresswoman and ments in the provision of health care Gregory Berry. am grateful for her unwavering support of vet- to veterans, and for other purposes, as Mr. Speaker, nothing brings greater honor to erans. amended. this body and the persons we are proud to I am also proud that this bill includes the The Clerk read the title of the bill. represent than keeping faith with the men and language from H.R. 1632, the Improving Vet- The text of the bill is as follows: women who have worn the uniform in service erans’ Reemployment Act. Congressman H.R. 2874 to our country. H.R. 1315 keeps and extends DAVE REICHERT and I introduced this legisla- Be it enacted by the Senate and House of Rep- our commitment to those who have risked tion to enact a small, technical fix that will im- resentatives of the United States of America in their lives to defend our country. I urge all prove the way the Federal Government deals Congress assembled, members to support this legislation. with National Guard and Reserve reemploy- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Mr. BOOZMAN. Mr. Speaker, if the ment complaints. (a) SHORT TITLE.—This Act may be cited as gentleman has no further speakers, in This legislation acts on the GAO’s rec- the ‘‘Veterans’ Health Care Improvement closing, I can’t tell you how privileged ommendations by requiring the federal agen- Act of 2007’’. cies and departments that are involved with (b) TABLE OF CONTENTS.—The table of con- I am in serving on the Economic Op- tents for this Act is as follows: portunity Subcommittee. We are veterans’ reemployment complaints to fully share their data. The bill also mandates that Sec. 1. Short title; table of contents. charged with putting veterans to work Sec. 2. Grants for support of therapeutic re- and providing educational benefits. As Congress receive all of this data in an aggre- adjustment programs for vet- the son of an old master sergeant in gate report. This legislation offers a simple fix erans. the Air Force who did 20 years and re- to a problem that has a negative effect on Sec. 3. Transportation grants for rural vet- tired, I understand the importance of thousands of veterans returning home to their erans service organizations. this. civilian jobs. Sec. 4. Permanent treatment authority for This bill is an excellent bill. I want As a retired Command Sergeant Major in participants in Department of the Army National Guard, I have an intimate Defense chemical and biological to thank the chairman for his hard testing conducted by Deseret work and also thank the ranking mem- understanding of the veterans’ reemployment Test Center (including Project ber, Mr. BUYER, for his hard work. I issue. I deployed in support of Operation En- Shipboard Hazard and Defense). thank Chairwoman HERSETH SANDLIN, during Freedom from 2003 to 2004 and was Sec. 5. Extension of expiring collections au- and again our staffs who do so much fortunate to have my job as a high school thorities. work. teacher waiting for me when I returned home. Sec. 6. Readjustment and mental health This bill is an excellent product of bi- Unfortunately, the process was not as simple services for Operation Enduring partisan work on behalf of veterans, for every member of my unit and I have heard Freedom and Operation Iraqi plenty of horror stories from both Guard mem- Freedom Veterans. and I urge all of my colleagues to sup- Sec. 7. Expansion and extension of authority port the legislation. bers and Reservists who came home to a for program of referral and Mr. Speaker, I yield back the balance radically different job situation. Local busi- counseling services for at-risk of my time. nesses back home in Minnesota have done a veterans transitioning from Mr. FILNER. Mr. Speaker, I need to tremendous job supporting the Guard and Re- certain institutions. yield 1 further minute to the gentle- serves and bearing the financial burden of Sec. 8. Permanent authority for domiciliary woman from Texas (Ms. JACKSON-LEE) long deployments, but service members can services for homeless veterans for some thank-you words. still face problems when they return. Our bill and enhancement of capacity of Ms. JACKSON-LEE of Texas. Mr. goes a long way to improving the way the domiciliary care programs for female veterans. Speaker, I want to add the staff direc- Federal Government deals with reemployment Sec. 9. Financial assistance for supportive tor of the full committee to the list of problems. services for very low-income appreciation I would like to offer, I urge my colleagues to support our legisla- veteran families in permanent along with Maggie Mitchell, Shelle tion and the larger bill, H.R. 1315. Aside from housing.

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0655 E:\CR\FM\A30JY7.169 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8893 Sec. 10. Expansion of eligibility for dental amended by adding at the end the following ‘‘(1) to the extent practicable, to employ care. new section: covered veterans trained under subsection Sec. 11. Technical amendments. ‘‘§ 1709. Grants for provision of transpor- (c); SEC. 2. GRANTS FOR SUPPORT OF THERAPEUTIC tation to Department medical facilities for ‘‘(2) to the extent practicable, to use tele- READJUSTMENT PROGRAMS FOR veterans in remote rural areas health services for the provision of such VETERANS. services; ‘‘(a) GRANTS AUTHORIZED.—(1) The Sec- (a) GRANT PROGRAM.—Subchapter II of ‘‘(3) to participate in the training program retary shall establish a grant program to chapter 5 of title 38, United States Code, is under subsection (d); provide innovative transportation options to amended by inserting after section 521 the ‘‘(4) to comply with applicable protocols of veterans in remote rural areas. following new section: the Department before incurring any liabil- ‘‘(2) Grants awarded under this section ity on behalf of the Department for the pro- ‘‘§ 521A. Assistance to therapeutic readjust- may be used by State veterans’ service agen- vision of such the services; ment programs cies, veterans service organizations, and pri- ‘‘(5) to submit annual reports to the Sec- ‘‘(a) GRANT PROGRAM.—The Secretary of vate nonprofit entities to assist veterans in retary containing, with respect to the pro- Veterans Affairs may make grants to quali- remote rural areas to travel to Department gram required by subsection (a) and for the fied entities described in subsection (b) to medical facilities. last full calendar year ending before the sub- conduct workshop programs that have been ‘‘(3) The amount of a grant under this sec- mission of such report— shown to assist in the therapeutic readjust- tion may not exceed $50,000. ‘‘(A) the number of veterans served, vet- ment and rehabilitation of participants to ‘‘(4) The recipient of a grant under this sec- erans diagnosed, and courses of treatment assist in the therapeutic readjustment of tion shall not be required to provide match- provided to veterans as part of the program covered veterans. ing funds as a condition for receiving such required by subsection (a); and ‘‘(b) QUALIFIED ENTITIES.—In order to qual- grant. ‘‘(B) demographic information for such ify for grant assistance under subsection (a), ‘‘(b) REGULATIONS.—The Secretary shall services, diagnoses, and courses of treat- a private nonprofit entity must have, as de- prescribe regulations for— ment; termined by the Secretary, experience and ‘‘(1) evaluating grant applications under ‘‘(6) to provide to the Secretary such clin- expertise in offering programs to assist in this section; and ical summary information as the Secretary the therapeutic readjustment of participants ‘‘(2) otherwise administering the program may require for each veteran for whom the and that such programs will likely assist established by this section. center or entity provides mental health serv- covered veterans. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ices under the contract; and ‘‘(c) AMOUNT OF GRANT; USE OF FUNDS.—A There is authorized to be appropriated ‘‘(7) to meet such other requirements as grant under this section shall not exceed $3,000,000 for each of fiscal years 2008 through the Secretary may require. $100,000 for any calendar year and shall be 2012 to carry out this section.’’. ‘‘(c) TRAINING PROGRAM FOR VETERANS.—In used by the recipient exclusively for the ben- (b) CLERICAL AMENDMENT.—The table of carrying out the program required by sub- efit of covered veterans. sections at the beginning of such chapter is section (a), the Secretary shall contract with ‘‘(d) APPLICATION.—An application for a amended by inserting after the item relating a nonprofit mental health organization to grant under this section shall include details to section 1708 the following new item: carry out a program to train covered vet- regarding the extent and nature of the pro- ‘‘1709. Grants for provision of transportation erans to provide peer outreach and peer sup- posed program, the therapeutic readjustment to Department medical facili- port services. and rehabilitation benefits expected to be ties for veterans in remote ‘‘(d) TRAINING PROGRAM FOR CLINICIANS.— achieved by participants, and any other in- rural areas.’’. The Secretary shall conduct a training pro- gram for clinicians of community mental formation the Secretary determines may be SEC. 4. PERMANENT TREATMENT AUTHORITY necessary to assist the Secretary in ensuring FOR PARTICIPANTS IN DEPART- health centers or other entities that have en- that covered veterans receive therapeutic re- MENT OF DEFENSE CHEMICAL AND tered into contracts with the Secretary adjustment and rehabilitation benefits. BIOLOGICAL TESTING CONDUCTED under subsection (b) to ensure that such cli- ‘‘(e) COVERED VETERANS.—For the purposes BY DESERET TEST CENTER (INCLUD- nicians are able to provide the services re- of this subsection, a ‘covered veteran’ is a ING PROJECT SHIPBOARD HAZARD quired by subsection (a) in a manner that— veteran who served on active duty in a the- AND DEFENSE). ‘‘(1) recognizes factors that are unique to ater of combat operations (as determined by Section 1710(e)(3) of title 38, United States the experience of veterans who served on ac- the Secretary in consultation with the Sec- Code, is amended— tive duty in Operation Iraqi Freedom or Op- retary of Defense) during a period of war (1) in subparagraph (B), by inserting ‘‘and’’ eration Enduring Freedom (including the after the Persian Gulf War, or in combat after the semicolon; combat and military training experiences of against a hostile force during a period of hos- (2) in subparagraph (C), by striking ‘‘; and’’ such veterans); and tilities (as defined in section 1712A(a)(2)(B) of and inserting a period; and ‘‘(2) utilizes best practices and tech- this title) after November 11, 1998, and who is (3) by striking subparagraph (D). nologies. discharged or released from active military, SEC. 5. EXTENSION OF EXPIRING COLLECTIONS ‘‘(e) COVERED VETERANS.—For the purposes naval, or air service on or after September AUTHORITIES. of this subsection, a ‘covered veteran’ is a 11, 2001. (a) HEALTH CARE COPAYMENTS.—Section veteran who served on active duty in a the- ater of combat operations (as determined by ‘‘(f) REPORTS.—Not later than 60 days after 1710(f)(2)(B) is amended by striking ‘‘2007’’ the last day of a fiscal year, the Secretary and inserting ‘‘2009’’. the Secretary in consultation with the Sec- shall submit to the Committees on Veterans’ (b) MEDICAL CARE COST RECOVERY.—Sec- retary of Defense) during a period of war Affairs of the Senate and House of Rep- tion 1729(a)(2)(E) is amended by striking after the Persian Gulf War, or in combat resentatives a report detailing the number ‘‘2007’’ and inserting ‘‘2009’’. against a hostile force during a period of hos- and amount of grants made under this sec- SEC. 6. READJUSTMENT AND MENTAL HEALTH tilities (as defined in section1712A(a)(2)(B) of tion during the previous fiscal year, the SERVICES FOR COVERED VETERANS. this title) after November 11, 1998, and who is total number of covered veterans partici- (a) PROVISION OF READJUSTMENT COUN- discharged or released from active military, pating in workshop programs funded by such SELING AND MENTAL HEALTH SERVICES.—Sub- naval, or air service on or after September grants, a description of the programs, and chapter II of chapter 17 of title 38, United 11, 2001.’’. (b) CLERICAL AMENDMENT.—The table of the therapeutic benefits to covered veterans States Code, is amended by inserting after sections at the beginning of such chapter is of participation in the various programs section 1712B the following new section: amended by inserting after the item relating funded. ‘‘§ 1712C. Provision of readjustment coun- to section 1712B the following new item: ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— seling and mental health services for cov- There is authorized to be appropriated for ered veterans ‘‘1712C. Provision of readjustment counseling and mental health services for each of fiscal years 2008 through 2011 ‘‘(a) PROGRAM REQUIRED.—The Secretary covered veterans.’’. $2,000,000 to carry out this section. shall carry out a program to provide peer ‘‘(h) TERMINATION.—The authority of the outreach services, peer support services, and SEC. 7. EXPANSION AND EXTENSION OF AUTHOR- Secretary to make a grant under subsection ITY FOR PROGRAM OF REFERRAL readjustment and mental health services to AND COUNSELING SERVICES FOR (a) shall terminate on September 30, 2011.’’. covered veterans. AT-RISK VETERANS TRANSITIONING (b) CLERICAL AMENDMENT.—The table of ‘‘(b) CONTRACTS WITH COMMUNITY MENTAL FROM CERTAIN INSTITUTIONS. sections at the beginning of such chapter is HEALTH CENTERS.—In carrying out the pro- (a) PROGRAM AUTHORITY.—Subsection (a) of amended by inserting after the item relating gram required by subsection (a), the Sec- section 2023 of title 38, United States Code, is to section 521 the following new item: retary shall contract with community men- amended by striking ‘‘a demonstration pro- ‘‘521A. Assistance to therapeutic readjust- tal health centers and other qualified enti- gram for the purpose of determining the ment programs.’’. ties to provide the services referred to in costs and benefits of providing’’ and insert- SEC. 3. TRANSPORTATION GRANTS FOR RURAL that paragraph in areas the Secretary deter- ing ‘‘a program to provide’’. VETERANS SERVICE ORGANIZA- mines are not adequately served by health (b) SCOPE OF PROGRAM.—Subsection (b) of TIONS. care facilities of the Department. Such con- such section is amended— (a) GRANT PROGRAM.—Subchapter I of tracts shall require each community health (1) by striking ‘‘DEMONSTRATION’’ in the chapter 17 of title 38, United States Code, is center or other entity— subsection heading;

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.160 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8894 CONGRESSIONAL RECORD — HOUSE July 30, 2007 (2) by striking ‘‘demonstration’’; and erence to an entity that provides or coordi- the Secretary in accordance with this para- (3) by striking ‘‘in at least six locations’’ nates the provision of supportive services for graph, except that— and inserting ‘‘in at least 12 locations’’. very low-income veteran families who are ‘‘(A) the Secretary shall make appropriate (c) EXTENSION OF AUTHORITY.—Subsection transitioning from homelessness to perma- adjustments to the income requirement (d) of such section is amended by striking nent housing. under subparagraph (A) based on family size; ‘‘shall cease’’ and all that follows and insert- ‘‘(4) The Secretary shall ensure that, to the and ing ‘‘shall cease on September 30, 2011.’’. extent practicable, financial assistance ‘‘(B) the Secretary may establish an in- (d) CONFORMING AMENDMENTS.— under this subsection is equitably distrib- come ceiling higher or lower than 50 percent (1) SCOPE OF PROGRAM.—Subsection (c)(1) of uted across geographic regions, including of the median income for an area if the Sec- such section is amended by striking ‘‘dem- rural communities and tribal lands. retary determines that such variations are onstration’’. ‘‘(5) Each entity receiving financial assist- necessary because the area has unusually (2) SECTION HEADING.—The heading of such ance under this section to provide supportive high or low construction costs, fair market services to a very low-income veteran family section is amended to read as follows: rents (as determined under section 8 of the shall notify the family that such services are ‘‘§ 2023. Referral and counseling services: vet- United States Housing Act of 1937 (42 U.S.C. being paid for, in whole or in part, by the De- erans at risk of homelessness who are 1437f)), or family incomes. partment. transitioning from certain institutions’’. ‘‘(C) the Secretary shall establish criteria ‘‘(6) The Secretary may require an entity (3) OTHER CONFORMING AMENDMENT.—Sec- for determining the need for specific sup- receiving financial assistance under this sec- tion 2022(f)(2)(C) of such title is amended by tion to submit a report to the Secretary de- portive services (as defined by paragraph (8)) striking ‘‘demonstration’’. scribing the supportive services provided of individual very low income veteran fami- (e) CLERICAL AMENDMENT.—The table of with such financial assistance. lies occupying permanent housing. sections at the beginning of chapter 20 of ‘‘(b) APPLICATION FOR FINANCIAL ASSIST- ‘‘(2) The term ‘veteran family’ includes a such title is amended by striking the item ANCE.— veteran who is a single person and a family relating to section 2023 and inserting the fol- ‘‘(1) An eligible entity seeking financial as- in which the head of household or the spouse lowing new item: sistance under subsection (a) shall submit to of the head of household is a veteran. ‘‘2023. Referral and counseling services: vet- the Secretary an application in such form, in ‘‘(3) The term ‘consumer cooperative’ has erans at risk of homelessness such manner, and containing such commit- the meaning given such term in section 202 who are transitioning from cer- ments and information as the Secretary de- of the Housing Act of 1959 (12 U.S.C. 1701q). tain institutions.’’. termines to be necessary. ‘‘(4) The term ‘eligible entity’ means— SEC. 8. PERMANENT AUTHORITY FOR DOMI- ‘‘(2) An application submitted under para- ‘‘(A) a private nonprofit organization; or CILIARY SERVICES FOR HOMELESS graph (1) shall contain— ‘‘(B) a consumer cooperative. VETERANS AND ENHANCEMENT OF ‘‘(A) a description of the supportive serv- ‘‘(5) The term ‘homeless’ has the meaning CAPACITY OF DOMICILIARY CARE ices proposed to be provided by the eligible given the term in section 103 of the McKin- PROGRAMS FOR FEMALE VETERANS. entity; ney-Vento Homeless Assistance Act (42 Subsection (b) of section 2043 of title 38, ‘‘(B) a description of the types of very low- U.S.C. 11302). United States Code, is amended to read as income veteran families proposed to be pro- ‘‘(6) The term ‘permanent housing’ means follows: vided such services; community-based housing without a des- ‘‘(b) ENHANCEMENT OF CAPACITY OF DOMI- ‘‘(C) an estimate of the number of very ignated length of stay. CILIARY CARE PROGRAMS FOR FEMALE VET- low-income veteran families proposed to be ‘‘(7) The term ‘private nonprofit organiza- ERANS.—The Secretary shall take appro- tion’ means— priate actions to ensure that the domiciliary provided such services; care programs of the Department are ade- ‘‘(D) evidence of the experience of the eligi- ‘‘(A) any incorporated private institution quate, with respect to capacity and safety, ble entity in providing supportive services to or foundation— to meet the needs of veterans who are very low-income veteran families; and ‘‘(i) no part of the net earnings of which in- women.’’. ‘‘(E) a description of the managerial capac- ures to the benefit of any member, founder, ity of the eligible entity to— contributor, or individual; SEC. 9. FINANCIAL ASSISTANCE FOR SUP- PORTIVE SERVICES FOR VERY LOW- ‘‘(i) coordinate the provision of supportive ‘‘(ii) which has a governing board that is INCOME VETERAN FAMILIES IN PER- services with the provision of permanent responsible for the operation of the sup- MANENT HOUSING. housing, by the eligible entity or by other portive services provided under this section; (a) PURPOSE.—The purpose of this section organizations; and is to facilitate the provision of supportive ‘‘(ii) continuously assess the needs of very ‘‘(iii) which is approved by the Secretary services for very low-income veteran fami- low-income veteran families for supportive as to financial responsibility; lies in permanent housing. services; ‘‘(B) a for-profit limited partnership, the (b) AUTHORIZATION OF FINANCIAL ASSIST- ‘‘(iii) coordinate the provision of sup- sole general partner of which is an organiza- ANCE.— portive services with the services of the De- tion meeting the requirements of clauses (i), (1) IN GENERAL.—Subchapter V of chapter partment; (ii), and (iii) of subparagraph (A); 20 of title 38, United States Code, is amended ‘‘(iv) tailor supportive services to the needs ‘‘(C) a corporation wholly owned and con- by adding at the end the following new sec- of very low-income veteran families; and trolled by an organization meeting the re- tion: ‘‘(v) continuously seek new sources of as- quirements of clauses (i), (ii), and (iii) of sub- ‘‘§ 2044. Financial assistance for supportive sistance to ensure the long-term provision of paragraph (A); and services for very low-income veteran fami- supportive services to very low-income vet- ‘‘(D) a tribally designated housing entity lies residing in permanent housing eran families. (as defined in section 4 of the Native Amer- ‘‘(3) The Secretary shall establish criteria ‘‘(a) DISTRIBUTION OF FINANCIAL ASSIST- ican Housing Assistance and Self-Determina- for the selection of eligible entities to re- ANCE.— tion Act of 1996 (25 U.S.C. 4103)). ceive financial assistance under this section. ‘‘(8) The term ‘supportive services’ means ‘‘(1) The Secretary shall provide financial ‘‘(c) TECHNICAL ASSISTANCE.— assistance to eligible entities approved under the following: ‘‘(1) The Secretary shall provide training ‘‘(A) Services provided by an eligible enti- this section to provide and coordinate the and technical assistance to eligible entities provision of the supportive services for very ty or subcontractors that address the needs that receive financial assistance under this of very low-income veteran families occu- low-income veteran families residing in per- section with respect to the planning, devel- manent housing. pying permanent housing, including— opment, and provision of supportive services ‘‘(i) outreach services; ‘‘(2)(A) Financial assistance under this sec- to very low-income veteran families occu- ‘‘(ii) health care services, including diag- tion shall consist of payments for each such pying permanent housing. nosis, treatment, and counseling for mental family for which an approved eligible entity ‘‘(2) The Secretary may provide the train- health and substance abuse disorders and for provides or coordinates the provision of sup- ing described in paragraph (1) directly or post-traumatic stress disorder, if such serv- portive services. through grants or contracts with appropriate ices are not readily available through the ‘‘(B) The Secretary shall establish a for- public or nonprofit private entities. Department of Veterans Affairs medical cen- mula for determining the rate of payments ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— provided to a very low-income veteran fam- There is authorized to be appropriated, for ter serving the geographic area in which the ily receiving supportive services under this each fiscal year, $25,000,000, to carry out this veteran family is housed; section. The rate shall be adjusted not less section, of which not more than $750,000 for ‘‘(iii) habilitation and rehabilitation serv- than once annually to reflect changes in the each fiscal year may be used to provide tech- ices; cost of living. In calculating the payment nical assistance under subsection (c). ‘‘(iv) case management services; formula under this subparagraph, the Sec- ‘‘(e) DEFINITIONS.—For the purposes of this ‘‘(v) daily living services; retary may consider geographic cost of liv- section: ‘‘(vi) personal financial planning; ing variances, family size, and the cost of ‘‘(1) The term ‘very low-income veteran ‘‘(vii) transportation services; services provided. family’ means a veteran family whose in- ‘‘(viii) vocational counseling; ‘‘(3) In providing financial assistance under come does not exceed 50 percent of the me- ‘‘(ix) employment and training; paragraph (1), the Secretary shall give pref- dian income for the area, as determined by ‘‘(x) educational services;

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.160 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8895 ‘‘(xi) assistance in obtaining veterans ben- (6) in section 4110(c)(1), by striking ‘‘15’’ It also provides permanent authority efits and other public benefits, including and inserting ‘‘16’’; to the VA to treat veterans who are health care provided by the Department; (7) in the table of sections at the beginning subject to chemical and biological test- ‘‘(xii) assistance in obtaining income sup- of chapter 51, by striking the item relating ing. This is an obligation we owe to port; to section 5121 and inserting the following ‘‘(xiii) assistance in obtaining health insur- new item: those who have served. We provide also for readjustment ance; ‘‘5121. Payment of certain accrued benefits ‘‘(xiv) fiduciary and representative payee upon death of a beneficiary.’’; counseling and mental health services. services; (8) in section 7458(b)(2), by striking ‘‘pro We include contracting with commu- ‘‘(xv) legal services to assist the veteran rated’’ and inserting ‘‘pro-rated’’; and nity mental health centers in areas not family with reconsiderations or appeals of (9) in section 8117(a)(1), by striking ‘‘such adequately served by VA and con- veterans and public benefit claim denials and such’’ and inserting ‘‘such’’. tracting with nonprofit mental health to resolve outstanding warrants that inter- The SPEAKER pro tempore. Pursu- organizations to train OEF/OIF vet- fere with the family’s ability to obtain or re- tain housing or supportive services; ant to the rule, the gentleman from erans in outreach and peer support. ‘‘(xvi) child care; California (Mr. FILNER) and the gen- We address issues affecting homeless ‘‘(xvii) housing counseling; tleman from Florida (Mr. MILLER) each veterans and their families. The VA ‘‘(xviii) other services necessary for main- will control 20 minutes. has now become the largest single pro- taining independent living; and The Chair recognizes the gentleman vider of direct services to homeless ‘‘(xix) coordination of services described in from California. veterans, reaching 25 percent of home- this paragraph. Mr. FILNER. Mr. Speaker, as with less veterans a year through various ‘‘(B) Services provided by an eligible entity the last bill, I want to just thank both programs. Our aim is to make it 100 or subcontractors, including services de- the chair, Mr. MICHAUD of Maine, and percent. Many communities have re- scribed in clauses (i) through (xix) of sub- paragraph (A), that are delivered to very the ranking member, Mr. MILLER from cently gone through what they call low-income veteran families who are home- Florida, for their great leadership and stand-downs, 2- or 3-day efforts to less and who are scheduled to become resi- bipartisan cooperation to get an impor- bring the whole community in coopera- dents of permanent housing within 90 days of tant piece of legislation out. tion to provide the services that home- the date on which the service is provided This bill, the Veterans’ Health Care less veterans need, whether they be pending the location or development of hous- Improvement Act of 2007, combines a medical or dental or legal or drug ing suitable for permanent housing. lot of different ideas from Members on abuse counseling, of course, food and ‘‘(C) Services provided by an eligible entity both sides of the aisle, and we are clothing; and we do that in 3 days a or subcontractors, including services de- scribed in clauses (i) through (xix) of sub- pleased to have this bill on the floor year in many communities. It is up to paragraph (A), for very low-income veteran today. the VA to do that 365 days a year for families who have voluntarily chosen to seek Certainly, the mental health and all our veterans, and we estimate over other housing after a period of tenancy in well-being of our newest generation of 200,000 on the streets tonight who permanent housing, that are provided, for a veterans is a serious cause for concern served our Nation. period of 90 days beginning on the date on and deserves our fullest attention. Prior to becoming homeless, a large which such a family exits permanent housing The VA reported in April of this year number of veterans have struggled or until such a family commences receipt of that of the OEF/OIF veterans who have with PTSD or had addictions acquired other housing services adequate to meet the separated and sought health care needs of the family, but only to the extent during or worsened by their military that services under this paragraph are de- through the VA, mental disorders rank service, and we want to expand and ex- signed to support such a family in the choice second of frequency of possible diag- tend the counseling services for these to transition into housing that is responsive noses amongst these veterans. veterans. We expand programs to 12 lo- to the individual needs and preferences of Post-traumatic stress disorder, cations throughout the Veterans the family.’’. PTSD, is the number one health con- Health Administration and extend this (2) CLERICAL AMENDMENT.—The table of cern. At this point, over 39,000 return- program through 2011. sections at the beginning of such chapter is ing veterans have received a provi- The VA domiciliary care programs amended by inserting after the item relating sional diagnosis of this, and we are are an essential piece in assisting vet- to section 2043 the following new item: looking into, in fact, maybe a systemic erans and providing needed services to ‘‘2044. Financial assistance for supportive underestimation of those who are diag- help them recover and become produc- services for very low-income nosed and, therefore, to get treatment. tive citizens again. We enhance in this veteran families residing in per- Mr. Speaker, the composition of the manent housing.’’. bill the capacity of such domiciliary fighting forces in Iraq and Afghanistan care programs, for female veterans es- SEC. 10. EXPANSION OF ELIGIBILITY FOR DEN- TAL CARE. today is unique from past conflicts. pecially. Section 2062(b) of title 38, United States Guard and Reserve forces make up a Finally, we want to authorize VA to Code, is amended by striking ‘‘60 consecutive large percentage of those fighting, provide financial assistance to provide days’’ both places it appears and inserting around 50 percent or a little more. supportive services for very low-in- ‘‘30 consecutive days’’. Though only 19 percent of the Nation come veteran families who reside in SEC. 11. TECHNICAL AMENDMENTS. lives in rural America, 44 percent of permanent housing. Title 38, United States Code, is amended— U.S. military recruits come from rural In short, Mr. Speaker, H.R. 2874 takes (1) in each of sections 1708(d), 7314(f), areas. care of the men and women who have 7320(j)(2), 7325(i)(2), and 7328(i)(2), by striking We must ensure that their health so selflessly taken care of us. It pro- ‘‘medical care account’’ and inserting ‘‘med- care and services meet the needs that vides our veterans with the quality ical services account’’; they deserve and have earned. It must health care programs and services they (2) in section 1712A— be available and accessible to all, and I (A) by striking subsection (g); need and they so richly deserve. It is (B) by redesignating subsections (d), (e), would say we will take up as a com- another down payment, another meas- (f), and (i) as subsections (c) through (f), re- mittee the broad subject of rural vet- urable piece of keeping our promise to spectively; and erans sometime in the near future. those who have kept their promise to (C) in subsection (f)(1), as so redesignated, This bill requires the VA to award us. by striking ‘‘(including a Resource Center grants to conduct workshop programs Mr. Speaker, I reserve the balance of designated under subsection (h)(3)(A) of this to help heal and better the lives of vet- my time. section)’’; erans who need it through therapeutic Mr. MILLER of Florida. Mr. Speaker, (3) in section 2065(b)(3)(C), by striking ‘‘)’’; programs such as art, writing and once again, the eloquence of our able (4) in the table of sections at the beginning of chapter 36, by striking the item relating music to name just a few. It establishes chairman, he has done an excellent job to section 3684A and inserting the following a grant program to provide transpor- in explaining the bill that’s before us new item: tation options to veterans living in on the floor today. ‘‘3684A. Procedures relating to computer rural areas that will help to lessen the Mr. Speaker, this is an outstanding matching program.’’; burden on veterans who are unable to bill. It was a true bipartisan effort. I (5) in section 3684(a)(1), by striking ‘‘34,,’’ drive long distances due to their dis- appreciate the chairman of the com- and inserting ‘‘34,’’; ability or illness. mittee, Mr. MICHAUD’s, able leadership

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.160 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8896 CONGRESSIONAL RECORD — HOUSE July 30, 2007 in bringing this bill to the floor. It does dress the needs of very low-income vet- this bill, and I want to personally all of the things that our chairman had erans occupying permanent housing. thank him. talked about. While Federal programs exist to help Also included in this bill are provi- It deals with veterans in rural and re- enhanced veterans homeownership, sions critical to veterans, as our mote areas. It does deal with certain there is no national housing assistance Speaker today understands, in Texas, DOD biological and chemical warfare program targeted to low-income vet- such as the transportation grants for testing that was done during the Cold erans. Permanent housing opportuni- rural veterans service organizations. In War. It also deals with domiciliary pro- ties for veterans ready for independent some parts of my district and through- grams, providing adequate and safe en- living are limited. In addition, the VA out this country, veterans have to vironments to meet the needs of currently is not permitted to provide drive long hours to get access to serv- women veterans. grants for affordable permanent hous- ices. This bill allows an opportunity for This is not just a good bill. It is a ing, and the resources that are avail- us to provide some needed assistance very good bill that helps VA provide able for providers are inadequate and and services in this specific area. better care for our Nation’s veteran, highly sought after by competing hous- I also want to acknowledge that this and I do urge my colleagues to support ing programs. bill also has language that deals with this legislation. So I thank the chairman once again Project SHAD, a bill that was ex- H.R. 2874, the Veterans’ Health Care Im- for supporting this legislation. I thank tremely important to begin to identify provement Act of 2007, as amended, has the committee staff on both sides of those thousands of soldiers that we strong bipartisan support and I want to ex- the aisle for their excellent work as also used weapons such as nerve gas press my sincere thanks to Subcommittee well on this bill and others considered and other types of testing on, that we Chairman MICHAUD for his leadership and hard today, and I look forward to continuing did on our own soldiers that allows an work to develop this legislation. to work with my colleagues on the Vet- opportunity for them to continue to H.R. 2874, as amended, would establish a erans’ Affairs Committee to support ef- get service. number of meaningful improvements that will forts to meet the housing assistance And other members of this com- help VA to provide better care for our Nation’s needs, among other needs, of our Na- mittee, I want to personally thank veterans. tion’s low-income veterans. them for their efforts. Once again, I I urge my colleagues to support H.R. Veterans in remote rural areas would benefit want to take this opportunity to thank with the establishment of a grant program to 2874. Mr. MILLER of Florida. Mr. Speaker, the chairman for his leadership. provide innovative transportation options to ac- I see that the chairman has other Mr. MILLER of Florida. Mr. Speaker, cess VA medical facilities. speakers that he may wish to yield we continue to reserve. Readjustment counseling and mental health time to, so we will reserve the balance Mr. FILNER. Mr. Speaker, one of our services for OIF/OEF veterans would be en- of our time. new Members, Congressman MURPHY hanced through programs that would provide Mr. FILNER. Mr. Speaker, I thank from Pennsylvania, returned from Op- peer outreach and support services, with spe- the ranking member. eration Iraqi Freedom. He gives us the cial emphasis for Guard and Reservists. Mr. Speaker, Mr. RODRIGUEZ from benefit of that experience both as an Veterans who participated in certain Depart- Texas has been particularly active and advocate for our active duty and to the ment of Defense biological and chemical war- energetic in advocating for the treat- veterans who have served. We welcome fare testing during the Cold War would perma- ment of the mental health needs of our you to the Congress. We thank you for nently be granted free VA medical care for veterans, and I yield 3 minutes to him. your expertise, and I yield as much conditions that may have resulted from their Mr. RODRIGUEZ. Mr. Speaker, I rise time as he may consume to the gen- participation in such testing. today in support of H.R. 2874, The Vet- tleman from Pennsylvania. VA domiciliary programs would be required erans’ Health Care Improvement Act of Mr. PATRICK J. MURPHY of Penn- to have adequate and safe environments to 2007. I would also like to take this op- sylvania. Mr. Speaker, I thank the meet the needs of women veterans. portunity to recognize our chairman, chairman. Very low-income veteran families residing in BOB FILNER, for his leadership on this Mr. Speaker, I rise today to give or transitioning to permanent housing would issue, and I want to personally thank voice to a terrible injustice. On any be eligible for VA financial assistance for sup- him for what’s accomplished on a vari- given night in America, nearly 200,000 portive services. ety of issues regarding veterans. veterans go homeless and twice as This is a good bill that would help VA pro- I also want to acknowledge my many will go homeless over the course vide better care for our Nation’s veterans. friend, Congressman MILLER, for his ef- of the year. This is shameful. I urge my colleagues to support this legisla- forts also on this particular bill. In my district in southeastern Penn- tion. This is an important piece of legisla- sylvania, this problem is very real. Mr. Speaker, I reserve the balance of tion and the nearly 60,000 veterans in There are more than 3,300 homeless my time. my mostly rural district will certainly veterans in Pennsylvania and at least Mr. FILNER. Mr. Speaker, again, I benefit from this particular bill. 550 in the greater Philadelphia area yield 3 minutes to the Chair of our Earlier this year, I sponsored H.R. alone. These are veterans who saw Subcommittee on Economic Oppor- 2689, a bill that improves mental health combat in World War II, Korea, Viet- tunity, Ms. HERSETH SANDLIN. services for Operation Enduring Free- nam, Afghanistan and Iraq. Ms. HERSETH SANDLIN. Mr. Speak- dom and Operation Iraqi Freedom vet- As someone who spent 10 years in the er, I rise in strong support of H.R. 2874, erans. This bill would establish a pro- Army and walked the streets of Bagh- and I’d like to once again thank Chair- gram for peer-to-peer outreach and dad, I cannot stand by while more of man FILNER for his focused and effec- counseling for veterans. Many experts my fellow soldiers go hungry and seek tive leadership in advancing this im- believe this method is critical for get- shelter. Over the last 3 years, as many portant legislation. Ranking Member ting veterans in need of services into as 1,300 veterans from Iraq and Afghan- BUYER and especially subcommittee the VA system. istan have participated in homeless Chairman MICHAUD and Ranking Mem- Additionally, under H.R. 2689, the VA outreach programs by the VA in their ber MILLER are also to be commended would be required to look beyond its community. Who knows how many oth- for their hard work and bipartisanship current services to ensure that vet- ers went without help. and for including Services to Prevent erans have access to the services that That’s why, Mr. Speaker, I proudly Homelessness Act, a bill which I intro- they need by embracing the expertise support the Veterans’ Health Care Im- duced, in the Veterans’ Health Care available in our communities and con- provement Act, which looks after those Improvement Act. tract out to qualified providers such as who have sacrificed so much for our This legislation would authorize the community mental health centers who country. Secretary of Veterans Affairs to pro- have been providing quality mental vide financial assistance to nonprofit health services for families for many b 1700 organizations and consumer coopera- years. This much-needed bill makes perma- tives to provide and coordinate the pro- Under the leadership of the chair- nent a program to identify at-risk vision of supportive services that ad- man, my bill was incorporated into servicemembers to prevent them from

VerDate Aug 31 2005 00:19 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.117 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8897 ever becoming homeless once they knowledgment of many that our vet- services are largely directed toward incarcer- leave the military. With the rapidly in- erans, when they come home, we need ated veterans. There were over 225,000 vet- creasing number of women veterans, to make sure they come home not only erans in prison in 1998. I believe it is impor- the bill also instructs the VA to make in body, but that they come home in tant that we make every effort to make sure their programs for homeless veterans spirit, and that it’s not enough just to that they do not return to prison. more accommodating for female vet- take care of the outer wounds of our Section 8 requires the Secretary to ensure erans. Nation’s veterans, but we also need to that VA domiciliary programs are adequate in I was proud to introduce these impor- make sure that we mend the inner capacity and safety to meet the needs of tant provisions, and I thank the gen- wounds, the psychological and emo- women veterans. Homeless women veterans tleman from California (Mr. FILNER), tional wounds that they have sustained are an increasing proportion of the homeless and the gentleman from Maine (Mr. during war defending our country’s veteran population. We need to make sure MICHAUD), for bringing this bill to the freedom. that facilities are capable of safely caring for floor and their leadership on this issue. Mr. FILNER. I thank the gentleman this population and helping them get back on These brave American veterans, who for his leadership on mental health their feet. once faced down our enemies, shouldn’t parity in this Nation. Section 9 authorizes funding for the Sec- have to face one more night out on the Mr. MICHAUD. Mr. Speaker, I want to thank retary to provide financial assistance to eligible street. Chairman FILNER and Ranking Member BUYER entities to provide supportive services for very Mr. MILLER of Florida. Mr. Speaker, for their leadership on the Committee and for low-income veteran families residing in perma- in closing, I would just say H.R. 2874, as moving these four bills forward to help our vet- nent housing. This section comes from a bill amended, would establish a number of erans. I would also like to thank Ranking authored by Congresswoman HERSETH meaningful improvements that would Member MILLER for working with me on the SANDLIN. help VA to provide better care for our veterans’ health care bills we are considering Section 10 changes from 60 days to 30 Nation’s veterans. Once again, I sup- today. days the required time for a homeless veteran port my colleagues to support this bill. I will limit my comments to H.R. 2874, al- to be in a VA program before they are eligible Mr. Speaker, I yield back the balance though I support each of the bills we are con- for dental care. Section 11 makes technical of my time. sidering today. H.R. 2874 was passed unani- amendments to title 38. Mr. FILNER. Again, I thank Mr. MIL- mously by our Committee. It represents a bi- Overall, this bill continues the ongoing ef- LER and Mr. MICHAUD for their leader- partisan effort to address a variety of issues forts of our Committee and this Congress to ship on the bill and all the Members on facing our veterans. address the needs of our veterans and their both sides of the aisle that have con- Section 2 of H.R. 2874 supports therapeutic families. It is my hope that when we return in tributed to it. readjustment programs to assist veterans in September, we can work quickly with the Sen- GENERAL LEAVE their long physical and mental journey home ate to create an omnibus package that in- Mr. FILNER. Mr. Speaker, I ask through a new grant program. Veterans al- cludes H.R. 2874, H.R. 2199, Mr. MILLER’s bill unanimous consent that all Members ready participate in these programs without H.R. 2623, and other important veterans’ may have 5 legislative days in which to any financial assistance or guidance from the health care initiatives to send to the President revise and extend their remarks and in- VA. It is my hope that this new grant program for his signature. clude extraneous material on H.R. 2874. will increase the number of veterans using I believe this is a good bipartisan bill and I The SPEAKER pro tempore. Is there these rehabilitative options and that this will ask my colleagues for their support. objection to the request of the gen- enable VA and providers to better assess the Mr. FILNER. Mr. Speaker, I yield tleman from California? benefits of these programs to veterans. back the balance of my time. There was no objection. Section 3 authorizes funding for transpor- The SPEAKER pro tempore. The Mr. FILNER. Mr. Speaker, I yield 2 tation grants for rural veterans. Access to care question is on the motion offered by minutes to the gentleman from Rhode is a significant challenge for rural veterans. the gentleman from California (Mr. Island (Mr. KENNEDY). This program will provide grants to VSOs to FILNER) that the House suspend the Mr. KENNEDY. I would like to com- implement innovative ways of overcoming this rules and pass the bill, H.R. 2874, as mend the chairman and Ranking Mem- challenge. This section was authored by Mr. amended. ber MILLER for the work they have SALAZAR. The question was taken; and (two- done on this legislation, but moreover, Section 4 provides permanent authority for thirds being in the affirmative) the the attention they paid to our Nation’s VA treatment of participants in the DOD chem- rules were suspended and the bill, as veterans. I also want to commend the ical and biological testing conducted by Des- amended, was passed. members of this committee for all the eret Test Center, including Project SHAD A motion to reconsider was laid on work that they have done on mental (Shipboard Hazard and Defense). This perma- the table. health. nent authority was requested by the VA. Sec- f Mr. Speaker, I have had an oppor- tion 5 extends collections authorities for the tunity, as a member of the Veterans VA until 2009. This extension was also re- PROHIBITION ON COLLECTION OF Appropriations Committee, to sit in on quested by the VA. COPAYMENTS FOR ALL HOSPICE some of the committee hearings on the Section 6 authorizes the VA to provide ex- CARE FURNISHED BY DEPART- Veterans Authorizing Committee and panded readjustment and mental health serv- MENT OF VETERANS AFFAIRS seeing the work that they have done to ices in areas determined by the secretary to Mr. FILNER. Mr. Speaker, I move to try to increase the outreach to vet- be underserved, especially peer-to-peer out- suspend the rules and pass the bill erans with post-traumatic stress dis- reach services, for Operation Enduring Free- (H.R. 2623) to amend title 38, United order. I am pleased to see that this dom and Operation Iraqi Freedom veterans. States Code, to prohibit the collection committee is starting to do as much as Sections 7 and 8 come from Congressman of copayments for all hospice care fur- they can to reach out to these veterans PATRICK MURPHY’s legislation, H.R. 2699. It is nished by the Department of Veterans as they return from Iraqi Freedom. no surprise that Congressman MURPHY has Affairs, as amended. But, clearly, more needs to be done. We taken a leadership role in helping our Nation’s The Clerk read the title of the bill. have witnessed that in these recent veterans, and I thank him for his work. There The text of the bill is as follows: hearings. are as many as 200,000 veterans on the H.R. 2623 I think that, clearly, the Appropria- streets each night. This is a shame on our Na- Be it enacted by the Senate and House of Rep- tions Committee has recognized this tion that must be addressed. The provisions resentatives of the United States of America in this year. I am pleased to announce from Congressman MURPHY’s bill are critical to Congress assembled, that this Congress has voted the larg- ending this shame and helping these veterans SECTION 1. PROHIBITION ON COLLECTION OF est increase in veterans health care find their way home. COPAYMENTS FOR ALL HOSPICE CARE FURNISHED BY DEPARTMENT spending in the 77-year history of the Section 7 expands and extends the suc- OF VETERANS AFFAIRS. Veterans Department. cessful VA program of referral and counseling Title 38, United States Code, is amended— Within that, there is an over $100 for at-risk veterans transitioning from certain (1) in section 1710(f)(1), by inserting ‘‘(ex- million increase in veterans specialty institutions. The program is extended to 2011 cept if such care constitutes hospice care)’’ mental health care. This is just one ac- and expanded from six locations to 12. These after ‘‘nursing home care’’;

VerDate Aug 31 2005 01:27 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.126 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8898 CONGRESSIONAL RECORD — HOUSE July 30, 2007 (2) in section 1710(g)(1), by inserting ‘‘(ex- empt from any copay. However, if they program for the Puget Sound area to provide cept if such services constitute hospice choose to take that care in their own comprehensive conservation planning to ad- care)’’ after ‘‘medical services’’; and home or in an acute-care facility, they dress water quality. The Secretary shall (3) in section 1710B(c)(2), by striking sub- could be charged a copayment. VA’s enter into cooperative agreements with paragraph (B) and inserting after subpara- State and local governments, Indian tribes, graph (A) the following new subparagraph current policy would penalize a veteran or non-governmental entities with a history (B): who chooses to remain in their own of working with agricultural producers to ‘‘(B) to a veteran being furnished inpatient home for their end-of-life care or, out carry out projects under the program. or outpatient hospice care by the Depart- of medical necessity, receives their (b) ASSISTANCE.—In carrying out the pro- ment; or’’. care in an acute-care setting. gram, the Secretary may— The SPEAKER pro tempore. Pursu- The bipartisan support of this bill is (1) provide project demonstration grants, ant to the rule, the gentleman from greatly appreciated. I urge my col- provide technical assistance and carry out information and education programs to im- California (Mr. FILNER) and the gen- leagues to join me in support of this bill. prove water quality in the Puget Sound area tleman from Florida (Mr. MILLER) each by reducing soil erosion and improving sedi- will control 20 minutes. Mr. Speaker, I yield back the balance ment control; and The Chair recognizes the gentleman of my time. (2) provide a priority for projects and ac- from California. GENERAL LEAVE tivities that directly reduce soil erosion or Mr. FILNER. I thank Mr. MILLER for Mr. FILNER. Mr. Speaker, I ask improve water quality. bringing us this bill, because working unanimous consent that all Members (c) AUTHORIZATION OF APPROPRIATIONS.— with Mr. MICHAUD of Maine, we have an may have 5 legislative days in which to There is authorized to be appropriated to the important piece of legislation that Secretary $5,000,000 for each of fiscal years revise and extend their remarks and in- 2008 through 2012 to carry out the program. most people would have thought dealt clude extraneous material on H.R. 2623, with a problem that didn’t exist. as amended. The SPEAKER pro tempore. Pursu- Mr. Speaker, hospice and palliative The SPEAKER pro tempore. Is there ant to the rule, the gentlewoman from care is a continuum of comfort-ori- objection to the request of the gen- South Dakota (Ms. HERSETH SANDLIN) ented and supportive services provided tleman from California? and the gentleman from Virginia (Mr. across settings, including hospitals, ex- There was no objection. GOODLATTE) each will control 20 min- tended facilities, outpatient clinics and Mr. FILNER. Mr. Speaker, once utes. private residences. The VA offers a again, I would state that with bipar- The Chair recognizes the gentle- complement of hospice and palliative tisan working arrangements we have woman from South Dakota. care options as part of a comprehensive brought forward a package of bills Ms. HERSETH SANDLIN. Mr. Speak- health care benefit of provided to all today from the Veterans Committee er, I yield myself such time as I may veterans who are enrolled in our sys- which deals not only with our older consume. tem. veterans, but with our returning vet- Mr. Speaker, the Puget Sound is Under current law, a veteran receiv- erans from Iraq and Afghanistan, and home to over 4 million people and nu- ing hospice care in a nursing home is that’s what we will continue to do. merous species of fish, birds and other exempt from any applicable copay- I urge my colleagues to support H.R. wildlife. It is the economic and envi- ments. However, if the hospice care is 2623, as amended. ronmental driver of the region and an provided in any other setting, such as Mr. Speaker, I yield back the balance ecological wonder. Sadly, the health of an acute-care hospital or at home, the of my time. this national treasure has been stead- veteran may be subject to an in-patient The SPEAKER pro tempore. The ily in decline. The water quality is suf- or out-patient primary care copay- question is on the motion offered by fering with areas of deadly low oxygen ment. This policy penalizes a veteran the gentleman from California (Mr. and levels of harmful toxics that are who chooses to remain at home for FILNER) that the House suspend the now being detected in some aquatic their hospice care or who, out of med- rules and pass the bill, H.R. 2623, as species. ical necessity, receives hospice care in amended. However, there is hope. The State of an acute care setting. The question was taken; and (two- Washington has been leading the Mr. MILLER recognizes this injustice, thirds being in the affirmative) the charge in fighting this problem and and through H.R. 2623, corrects the in- rules were suspended and the bill, as working to restore the Sound to where equity by exempting all hospice care amended, was passed. it should be. This legislation will pro- provided through VA from copayment A motion to reconsider was laid on vide critical support to those efforts by requirements. It would also align VA the table. developing a comprehensive conserva- with the Medicare program, which does tion project to help determine the not impose copayments for hospice f right conservation planning efforts for care. At the end of life, veterans should PUGET SOUND WATERSHED COM- local agricultural producers. not have to worry about paying for the PREHENSIVE CONSERVATION It will provide the capacity that local comfort that the hospice care provides. PROJECT ACT OF 2007 conservation districts simply don’t It’s the right thing to do, and I am Ms. HERSETH SANDLIN. Mr. Speak- pleased that my colleague from Florida have in meeting the unique challenges er, I move to suspend the rules and of the Sound. This project would mir- has taken leadership on this, pass the bill (H.R. 3184) to authorize Mr. Speaker, I reserve the balance of ror others that have occurred or are oc- the Secretary of Agriculture to carry curring in nationally important water- my time. out a competitive grant program for Mr. MILLER of Florida. I thank the sheds. the Puget Sound area to provide com- chairman again for his willingness to Mr. Speaker, I reserve the balance of prehensive conservation planning to quickly move this legislation to the my time. address water quality. floor. Mr. GOODLATTE. Mr. Speaker, I The Clerk read the title of the bill. Mr. Speaker, H.R. 2623, as amended, yield myself such time as I may con- The text of the bill is as follows: is a bill that I am a sponsor of. It pro- sume. hibits the collection of copayments for H.R. 3184 The Puget Sound region is home to all hospice care furnished by the De- Be it enacted by the Senate and House of Rep- diverse natural resource dependent in- partment of Veterans Affairs. resentatives of the United States of America in dustries, including everything from Hospice and palliative care is a con- Congress assembled, fishing, tourism and recreation to agri- tinuum of comfort-oriented and sup- SECTION 1. SHORT TITLE. culture and forest products. As an estu- portive services provided across set- This Act may be cited as the ‘‘Puget Sound ary, the Sound also houses diverse fish Watershed Comprehensive Conservation tings, including hospitals, extended Project Act of 2007’’. and wildlife species. The Sound itself care facilities, as the chairman said, consists of over 2500 miles of shoreline SEC. 2. COMPREHENSIVE CONSERVATION PLAN- outpatient clinics, and private resi- NING FOR PUGET SOUND AREA. and is fed by over 10,000 streams and dences. Under current law, a veteran (a) IN GENERAL.—The Secretary of Agri- rivers that run throughout northwest receiving care in a nursing home is ex- culture shall carry out a competitive grant Washington.

VerDate Aug 31 2005 01:27 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.159 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8899 As the second largest container ship- responsible stewards of the land and of into its waters, to change unwise industrial ping port in the U.S., the Sound is ex- the Puget Sound watershed. That is and agricultural practices and to continue ag- tremely important to the State and why the State of Washington and our gressively our research into the causes of pol- Nation as a whole. State’s Governor Chris Gregoire have lution in this historically pristine inland sea. The watershed that feeds the Sound led the charge in pulling together ag One of our responses must be to encourage includes several large population cen- producers, business, industry, and local innovation and action at the local level and to ters, but is also home to significant ag- nonprofits and many others to develop help local communities recognize the impor- riculture production, including many long-term strategies to restore the tance of incremental actions in the overall so- specialty crops including raspberries, Puget Sound. lution. Congressman RICK LARSEN and I have flower bulbs and vegetable seeds. Agri- However, our State cannot do it introduced H.R. 3184, the ‘‘Puget Sound Wa- culture contributes $5.6 billion to alone. This legislation takes a first tershed Comprehensive Conservation Project Washington State’s economy, estab- step, and only a first step, to provide Act of 2007.’’ This legislation is supported by lishing its rank in agriculture produc- critical Federal support to those ef- all Members of the Washington State congres- tion as 12th in the Nation. forts by developing a competitive, com- sional delegation. It would authorize a total of Unfortunately, the Puget Sound re- prehensive, conservation program to $25 million in grants to assist non-Federal gion is undergoing tremendous change help determine the right conservation governmental or non-governmental organiza- as more people move into the region planning efforts for local agriculture tions, Tribes, and individuals in implementing and water quality and soil concerns in- producers. As well, again, this is only a land management practices and projects that crease. The bill before us today helps small piece of the puzzle. Most of that improve water quality and habitat for fish and address these environmental concerns puzzle will come from State and local wildlife in the Puget Sound watershed. by encouraging agricultural producers governments. H.R. 3184 authorizes conservation projects in the region to adopt voluntary con- These types of efforts have been done that will target innovative conservation meas- servation practices. or are being done in other areas of the ures where they do the most good. The pro- The bill also requires a comprehen- country. The results of comprehensive gram is intended to stimulate the development sive plan to encourage cooperation conservation planning helps ag pro- and adoption of innovative conservation ap- proaches and technologies while leveraging among the multiple agencies and land- ducers make smart conservation deci- Federal investment in environmental enhance- owners in the region. Many farms in sions and investments, and, in turn, ment and protection, in conjunction with agri- the Puget Sound are adjacent to endan- takes important steps restoring the health of the Puget Sound. This bill cultural production. gered salmon-bearing streams and bear Mr. Speaker, the Federal government is will provide the capacity that local the brunt of protection for these and playing a very important role in restoring the conservation districts simply do not other endangered species. health of Puget Sound, and I believe H.R. have in meeting the unique challenges These regulatory requirements place 3184 can make a vital contribution to this ef- of this critical watershed. significant burden on producers strug- fort. I urge adoption of the resolution. gling to stay on the land. We must con- Ag producers in Washington State Mr. GOODLATTE. Mr. Speaker, I tinue to encourage cooperation and have a role to play in protecting the yield back the balance of my time. proactive partnerships with producers health of the Puget Sound, and they Ms. HERSETH SANDLIN. Mr. Speak- in this region, as well as the other are more than willing to do their part, er, I yield back the balance of my time. heavily agricultural regions in the but we need a comprehensive conserva- The SPEAKER pro tempore. The country, helping to keep producers on tion strategy to get that job done, and question is on the motion offered by the land and keep the Nation’s agricul- that is what H.R. 3184 helps us do. I the gentlewoman from South Dakota tural economy healthy and diverse. urge the passage of H.R. 3184 and again (Ms. HERSETH SANDLIN) that the House I urge my colleagues to support this thank the chairman and the ranking suspend the rules and pass the bill, bill. member of the committee for helping H.R. 3184. Mr. Speaker, I reserve the balance of to bring this to the floor. The question was taken; and (two- my time. Mr. DICKS. Mr Speaker, I rise in support of thirds being in the affirmative) the Ms. HERSETH SANDLIN. Mr. Speak- H.R. 3184, a bill to authorize the Secretary of rules were suspended and the bill was er, I yield as much time as he may con- Agriculture to carry out a competitive grant passed. sume to the gentleman from Wash- program for the Puget Sound area to provide A motion to reconsider was laid on ington, (Mr. LARSEN), an original co- comprehensive conservation planning to ad- the table. sponsor of the bill. dress water quality. f For generations, Puget Sound has been the b 1715 most important geographic feature driving GENERAL LEAVE Mr. LARSEN of Washington. Mr. human settlement in the region—first Native Ms. HERSETH SANDLIN. Mr. Speak- Speaker, I want to thank Ms. HERSETH American communities followed by the 4 mil- er, I ask unanimous consent that all SANDLIN for speaking on behalf of this lion people who now call it home. With 2,500 Members may have 5 legislative days critical legislation. I want to thank the miles of shoreline and 2,800 square miles of within which to revise and extend their chairman and the ranking member of inland marine waters, it is the second largest remarks on the bill just adopted. the Committee on Agriculture as well estuary in the United States after Chesapeake The SPEAKER pro tempore. Is there for helping bring H.R. 3184 to the floor. Bay. Puget Sound is environmentally, cul- objection to the request of the gentle- The livelihoods of many families in turally and economically linked to Washington woman from South Dakota? Washington State depend upon the State’s way of life and it is truly one of Amer- There was no objection. health and vitality of the Puget Sound. ica’s most spectacular bodies of water, with f Unfortunately, as we already heard, more than 200 species of fish, 25 kinds of ma- EXTENSION OF AUTHORIZATION there is no denying the health of the rine mammals, 100 species of sea birds as OF SMALL BUSINESS PROGRAMS Puget Sound has been declining. Salm- well as clams, oysters and shrimp. Mr. GRIJALVA. Mr. Speaker, I move on and other species call the sound But the health of Puget Sound is in de- to suspend the rules and pass the bill home and are either threatened or en- cline—its waters are experiencing the stress of (H.R. 3206) to provide for an additional dangered. Water quality is extremely growth and development and its ability to sus- temporary extension of programs under poor in certain places, and some aquat- tain the abundant fishery we’ve always en- the Small Business Act and the Small ic species have shown harmful levels of joyed is in doubt. Around the Sound we have Business Investment Act of 1958 toxins. detected low levels of oxygen and increasing through December 15, 2007, and for Agriculture is a large and important concentrations of toxic substances in aquatic other purposes. part of the economy in the Puget animals. With the overall health of this great The Clerk read the title of the bill. Sound region, and I represent much of ecosystem in decline, we have launched a co- The text of the bill is as follows: it; and we do not want to see our ag operative effort involving all of the local gov- H.R. 3206 economy decline either. Ag producers ernment entities around the Sound, as well as Be it enacted by the Senate and House of Rep- face the constant challenge of keeping the State and Federal governments, to curtail resentatives of the United States of America in good ag land in production while being any harmful substances from being introduced Congress assembled,

VerDate Aug 31 2005 01:27 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.133 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8900 CONGRESSIONAL RECORD — HOUSE July 30, 2007 SECTION 1. ADDITIONAL TEMPORARY EXTEN- standing leadership of Ranking Mem- PROVIDING FOR CONSIDERATION SION OF AUTHORIZATION OF PRO- ber CHABOT and our Chair, Nydia Velaz- OF H.R. 986, EIGHTMILE WILD GRAMS UNDER THE SMALL BUSI- NESS ACT AND THE SMALL BUSI- quez. They have worked in a bipartisan AND SCENIC RIVER ACT NESS INVESTMENT ACT OF 1958. manner to provide the necessary tools Ms. CASTOR. Mr. Speaker, by direc- (a) IN GENERAL.—Section 1 of the Act enti- for this Nation’s small businesses. tion of the Committee on Rules, I call tled ‘‘An Act to extend temporarily certain The extension before us today will authorities of the Small Business Adminis- up House Resolution 580 and ask for its allow the committees in the House and immediate consideration. tration’’, approved October 10, 2006 (Public Senate to work out the differences in Law 109–316; 120 Stat. 1742), as amended by The Clerk read the resolution, as fol- section 1 of Public Law 110–4 (121 Stat. 7), is their bills and get them signed into lows: further amended by striking ‘‘July 31, 2007’’ law. These major changes require time H. RES. 580 each place it appears and inserting ‘‘Decem- to reconcile the House and Senate bills. Resolved, That upon the adoption of this ber 15, 2007’’. H.R. 3206 provides the necessary time resolution it shall be in order to consider in (b) EFFECTIVE DATE.—The amendment while ensuring operation of these pro- the House the bill (H.R. 986) to amend the made by subsection (a) shall take effect on grams are not interrupted. I urge sup- Wild and Scenic Rivers Act to designate cer- July 31, 2007. port of this extension. tain segments of the Eightmile River in the The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of State of Connecticut as components of the ant to the rule, the gentleman from Ar- my time. National Wild and Scenic Rivers System, and izona (Mr. GRIJALVA) and the gen- Mr. CHABOT. Mr. Speaker, I yield for other purposes. All points of order tleman from Ohio (Mr. CHABOT) each myself such time as I may consume. against consideration of the bill are waived will control 20 minutes. except those arising under clause 9 or 10 of I rise today in support of H.R. 3206. rule XXI. The amendment in the nature of a The Chair recognizes the gentleman This bill is very simple: it extends the substitute recommended by the Committee from Arizona. authorization of all programs author- on Natural Resources now printed in the bill, GENERAL LEAVE ized by the Small Business Act, the modified by the amendment printed in the Mr. GRIJALVA. Mr. Speaker, I ask Small Business Investment Act, and report of the Committee on Rules accom- unanimous consent that all Members any program operated by the Small panying this resolution, shall be considered may have 5 legislative days within Business Administration for which as adopted. The bill, as amended, shall be which to revise and extend their re- Congress has already appropriated considered as read. All points of order against provisions of the bill, as amended, marks and include extraneous material funds. This extension will last until are waived. The previous question shall be on the bill under consideration. December 15, 2007. This extension is considered as ordered on the bill, as amend- The SPEAKER pro tempore. Is there necessary because authorization for ed, to final passage without intervening mo- objection to the request of the gen- various programs operated by the SBA tion except: (1) one hour of debate equally di- tleman from Arizona? ceases on July 31, 2007, tomorrow. vided and controlled by the chairman and There was no objection. Working in a bipartisan manner with ranking minority member of the Committee Mr. GRIJALVA. Mr. Speaker, the Chairwoman VELA´ ZQUEZ and myself, on Natural Resources; and (2) one motion to legislation being offered today will ex- the committee has ordered 12 bills to recommit with or without instructions. tend the authorization of the Small SEC. 2. During consideration of H.R. 986 be reported out, of which nine have pursuant to this resolution, notwithstanding Business Administration and its pro- passed this body, the House of Rep- the operation of the previous question, the grams through December 15, 2007. resentatives. Chair may postpone further consideration of As Congress moves forward on im- While the pace has been furious, the bill to such time as may be designated by proving SBA and the services it pro- more needs to be done in the examina- the Speaker. vides, this short-term extension will tion of programs within the commit- The SPEAKER pro tempore. The gen- ensure that small businesses have tee’s jurisdiction. These include small tlewoman from Florida is recognized many of the tools they need to be suc- business government contracting pro- for 1 hour. cessful in today’s economy. grams, investment programs for small Ms. CASTOR. Mr. Speaker, for the I am pleased to say the Small Busi- businesses, and improving the manage- purpose of debate only, I yield the cus- ness Administration Committee has ment of the SBA. tomary 30 minutes to the gentleman made significant progress in making This work cannot be done in a delib- from Texas (Mr. SESSIONS). During con- long overdue improvements to this erative, thoughtful, and bipartisan sideration of this resolution, all time agency. During the 110th Congress, the manner by midnight tomorrow. Even if yielded is for the purpose of debate House Small Business Committee has the committee and the House finish its only. successfully reported nearly a dozen deliberations on all aspects of the SBA I yield myself such time as I may bills, each designed to update and up- and its programs, we operate, after all, consume. grade SBA programs to meet the needs in a bicameral legislative system. Time GENERAL LEAVE of the 21st-century entrepreneur. is needed for the legislative process in Ms. CASTOR. Mr. Speaker, I ask Nearly all of this legislation has been both bodies to function and, if nec- unanimous consent that all Members passed out of the House, and every sin- essary, for the two bodies to meet in a be allowed 5 legislative days in which gle bill has had broad bipartisan sup- conference to iron out any disagree- to revise and extend their remarks on port. With their passage, we are well on ments concerning each body’s delibera- House Resolution 580. our way to providing the most signifi- tions about how best to ensure that the The SPEAKER pro tempore. Is there cant overhaul of the Small Business SBA and its myriad programs are best objection to the request of the gentle- Administration and its programs in at promoting the health of America’s en- woman from Florida? least two decades. trepreneurs. I urge my colleagues to There was no objection. During this Congress, the House support H.R. 3206. Ms. CASTOR. Mr. Speaker, House Small Business Committee has success- Mr. Speaker, I yield back the balance Resolution 580 will allow the House to fully moved forward on legislation that of my time. consider H.R. 986, the Eightmile Wild will provide affordable loans to entre- Mr. GRIJALVA. Mr. Speaker, I yield and Scenic River Act. preneurs, prevent large corporations back the balance of my time. Additionally, this rule makes a tech- from being awarded small business con- The SPEAKER pro tempore. The nical correction in the underlying bill tracts, and ensure veterans, women, question is on the motion offered by by replacing a letter ‘‘a’’ with a letter and minority-owned firms have access the gentleman from Arizona (Mr. ‘‘b’’ in the legislative text. to the assistance that they need. And GRIJALVA) that the House suspend the The rule provides 1 hour of debate in in light of the failures we saw during rules and pass the bill, H.R. 3206. the House equally divided and con- Katrina, the committee reported a bill The question was taken; and (two- trolled by the chairman and ranking that will improve SBA’s disaster loan thirds being in the affirmative) the minority member of the Committee on program. This has been completed in a rules were suspended and the bill was Natural Resources. span of a little over 6 months. passed. Mr. Speaker, the Eightmile Wild and Our committee has been able to pro- A motion to reconsider was laid on Scenic River Act, H.R. 986, was consid- vide these changes due to the out- the table. ered under suspension of the rules on

VerDate Aug 31 2005 01:27 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.165 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8901 July 11, and received 239 votes, a ma- treasure because it is a rare example of closed rule and to the underlying big jority of the House Members voting in an intact river system. This is espe- government legislation to use eminent favor of the bill. But as you know, Mr. cially noteworthy in such a highly pop- domain to strip property owners of Speaker, two-thirds majority is re- ulated area so close to the coast and their rights that the Democrat major- quired for the expedited suspension within the New York-to-Boston cor- ity is bringing to the House floor procedure; and because the Eightmile ridor. We must do all that we can to today. Wild and Scenic River Act was sup- preserve this exceptional natural and This is the first of two closed rules ported by well over half the Members cultural resource. The National Park being brought to the floor today cour- of the House, H.R. 986 deserves another Service agreed in 2006 in its study of tesy of the Democrat majority from opportunity for a floor vote. Therefore, the area. the graveyard of democracy and good today I urge a favorable vote again for And again, I’d really like to salute ideas in the House of Representatives, H.R. 986. my freshman colleague, new Congress- the Rules Committee. It represents yet Mr. Speaker, with over 150 miles of man JOE COURTNEY. He has championed pristine rivers and streams and 62 another example of the procedural gim- this effort to designate segments of the mickry being blatantly exploited by square miles of relatively undeveloped Eightmile River in the State of Con- countryside in the Connecticut area, the Democrats as they continue to necticut as components of the National completely ignore their campaign to the Eightmile Wild River watershed is Wild and Scenic Rivers System. an exceptional natural and cultural re- run the most honest, open Congress in Communities in the area have been history. source. This is being championed by working for over 10 years for this des- Mr. Speaker, as any 5-year-old could House Member JOE COURTNEY, a new ignation, so I congratulate them today tell you, the opposite of open is closed, freshman colleague of mine from Con- and salute the leadership of Congress- necticut. and that’s precisely what the American man JOE COURTNEY, who brought new The watershed contains large areas people are getting from the Democrats energy and commitment to this effort. of unfragmented habitat, an array of once again, another closed rule. I also thank Natural Resources Com- rare and diverse wildlife, scenic vistas, mittee Chair NICK RAHALL for his lead- In fact, as compared with last Con- high water quality, unimpeded stream ership. gress, through the same date, as of flow, and significant cultural features. Mr. Speaker, this is a noncontrover- July 30, the Democrats have brought The Eightmile watershed has historic sial bill. It was reported favorably by exactly twice as many closed rules to stone walls, churches and homes, and the Natural Resources Committee by the floor as Republicans did when we scenic views throughout, and an abun- held the Speaker’s gavel. dance of rare and diverse species within voice vote in May. It received the the watershed, including 155 at-risk strong bipartisan support of the House Mr. Speaker, I will insert in the plant and animal species. with a majority vote on July 11. There- RECORD a document prepared by the fore, I urge my colleagues to support Republican staff of the Rules Com- b 1730 the rule and support the act. mittee comparing the Democrats’ The overall Eightmile River water- Mr. Speaker, I reserve the balance of awful record of reporting out closed shed ecosystem is healthy and intact my time. rules in the 110th with last year’s throughout virtually all of its range. Mr. SESSIONS. Mr. Speaker, I rise in record of those controlled by the Re- The Eightmile River is an exceptional strong opposition to this completely publican Congress. COMPARISON OF 110TH TO 109TH TYPES OF AMENDMENT PROCESSES FOR BILLS CONSIDERED BY THE HOUSE THROUGH JULY 30, 2005 (EXCLUDING MEASURES CONSIDERED BY SUSPENSION OR UC) CURRENT AS OF JULY 30, 2007

Percent Percent

109th—Through July 30, 2005: 1 110th—To Date: Open ...... 12 23.1 Open...... 2 10 14.1 Modified Open ...... 0 0 Modified Open ...... 7 9.9 Structured ...... 26 50 Structured...... 26 36.6 Closed ...... 14 26.9 Closed...... 28 39.4

Total ...... 52 100 Total ...... 71 100 109th—Through July 30, 2005: 1 110th—To Date: Open ...... 212 27.3 Open 2 10 14.1 Restrictive ...... 40 72.7 Restrictive...... 61 85.9

Total ...... 52 100 Total ...... 71 100 1 Through H. Res. 399 adopted on July 29, 2005. 2 Including approps. Prepared by the Committee on Rules Republican Staff.

The closed rule that we are debating would otherwise be a noble goal, this them until they become so-called will- is also a function of an overall sloppy legislation includes language that ing sellers. As Members of Congress, it and rushed approach to handling this leaves the door open for the Federal is our duty to protect our constituents particular bill. Because the Democrats’ Government to use eminent domain to from this wanton abuse of power, and leadership failed to pass this poorly seize private property in this new des- we could have done so by making our drafted legislation on July 11 under ignation. intent clear in this legislation. suspension of the rules, after rushing it This is especially offensive because However, rather than making con- through the legislative process, they’re the stretch of the river where this dis- gressional intent clear, the Democrat bringing it back to the floor today with pute is taking place is the same con- majority has refused to allow a simple, no improvements, just a closed process gressional district where the Kelo v. clarifying amendment that was offered that chokes off thoughtful debate and New Haven case originally originated, in the Rules Committee last Friday by provides a reduced hurdle for the num- another controversial piece of litiga- my good friend and former Rules Com- ber of votes they need to cram it tion that recently and correctly mittee colleague, ROB BISHOP, to be de- through the House over substantial ob- sparked a great deal of outrage from bated here on the floor today. jections of a number of Members. property rights advocates all across Mr. BISHOP’s amendment was plain This legislation would designate a 25- the country. and clear. It simply inserted a sentence mile stretch of the Eightmile Wild I remind my colleagues that many in the legislation that Congress would River as part of the National Park Sys- times the Federal Government uses not empower the Federal Government tem’s National Wild and Scenic Rivers just the threat of condemnation to to condemn land and pressure owners System. To accomplish this, what frighten property owners and to bully into selling. Shockingly, these efforts

VerDate Aug 31 2005 02:31 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.138 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8902 CONGRESSIONAL RECORD — HOUSE July 30, 2007 were rebuffed by Democrats through- The bill before us today will severely And so today, once again, what we’re out the process, both on the Natural restrict the property rights of individ- seeing is an assault, an attack, using Resources Committee and on the Rules uals who happen to live near the Congress to come and use the powers of Committee. Eightmile River by tightening zoning the Federal Government against pri- It is still unclear, at least to me, why restrictions on private land and prohib- vate landowners. I’m sure if their story the majority wants to expose property iting any physical alteration to private were being presented today, these pri- owners to the threat of eminent do- property. vate landowners may tell the story main. The only reasonable conclusion Furthermore, and perhaps most trou- about how, for many, many years, I is that they believe that the Federal bling, the bill leaves the door wide don’t know the stories, but how many, Government should, and must, con- open to actual condemnation pro- many years, being from Texas we could fiscate private property. ceedings against private land. tell the same story, in Connecticut it I believe this is the wrong message to The majority already tried once to might be even longer, how people have send to property owners, and I’m at a ram this controversial bill through the passed these pieces of property down complete loss as to why the Democrat House without an opportunity for through generations. leadership is so fearful of allowing the amendments. That attempt, fortu- But the fact of the matter is that any House to debate openly and to take a nately, failed to garner the two-thirds time that private property is being vote on a simple clarifying amendment vote necessary to pass on the suspen- taken as a result of a force or a threat, to protect the taxpayers and residents sion calendar. Now the majority is in this case, to make a scenic wilder- of Connecticut who would be adversely back at it again. ness area pristine and to preserve that impacted by this legislation. Presum- It’s bad enough that the majority is as opposed to a single property owner ably, it is to protect some of the more bringing this bill back to the floor with keeping what they had, making those vulnerable Members having to take a no improvements to protect private choices within the law and looking up public stand on whether they believe property rights. However, it is worse and seeing the Federal Government that property owners deserve this pro- that the majority has made the deci- staring down at them with all the re- tection or not. This triumph of politics sion to suppress debate on this con- sources of the Federal Government, over policy is not only bad for resi- troversial bill and deny Members the knowing that the United States Con- dents of Connecticut along the opportunity to correct the land-grab- gress brought this action on them, is Eightmile River, I think it’s also bad bing provisions with constructive regrettable. for America. amendments. It’s regrettable that it had to happen I strongly oppose this closed rule and Private ownership of property is vital this way. It’s regrettable that we could the underlying legislation to increase to our freedom and our prosperity and not at least, through the Rules Com- the Government’s ability to strip prop- is a basic principle embedded in our mittee, make a simple amendment in erty owners of their land without even Constitution. No one should have to order that would say, why don’t we providing with the appropriate com- live in fear of the government snatch- pensation through heavy-handed big clarify that we’re not going to force ing up their home, farm, church or this issue, that we’ll hope that some government tactics. business. I urge all of my colleagues on both compromise happens, but that we’re I introduced legislation earlier this sides of the aisle to join me in standing not going to allow this condemnation. year, the STOPP Act, along with Rep- up for property rights and by opposing Not at all. Can’t have that kind of resentative HERSETH SANDLIN to rein in this rule and the underlying legisla- debate here. State and local governments’ abuses of tion. And this Congress had claimed that their eminent domain powers. Mr. Speaker, I reserve the balance of we were going to be open and honest, Unfortunately, H.R. 986 goes in the my time. and it would be the most open and hon- Ms. CASTOR. Mr. Speaker, I would opposite direction and sets a precedent est Congress in the history of the inquire of the gentleman from Texas for more land-grabbing by government United States Congress. entities. I urge the Members of this (Mr. SESSIONS) if he has any remaining So that’s what’s regrettable. That’s speakers. body to oppose both this rule, which what’s regrettable that here we find Mr. SESSIONS. I appreciate the gen- bans debate on protecting private prop- ourselves on a Monday at the end of tlewoman’s inquiring about our intent. erty rights, as well as the misguided July trying to help the big Federal We have at least two speakers who underlying bill. Government to grab the land from pri- would wish to speak on this issue at Ms. CASTOR. Mr. Speaker, I reserve vate landowners. And I think that’s this time. the balance of my time. wrong. I think it’s wrong. I think it’s Ms. CASTOR. Mr. Speaker, I’ll re- Mr. SESSIONS. Mr. Speaker, the bill wrong for this House to do that with- serve the balance of my time. that is being brought forward today, I out being on record of saying we’re not Mr. SESSIONS. Mr. Speaker, at this believe, is yet another example of the going to sick the Federal Government time I would yield 5 minutes to the Democrat majority’s attack on what I on these people who might be private gentleman from Virginia (Mr. GOOD- would refer to as constitutional bal- landowners. LATTE). anced authority in this country. By Mr. Speaker, I will be asking for a re- Mr. GOODLATTE. Mr. Speaker, I rise virtue of bringing this bill forward, it corded vote for the previous question today in strong opposition to this com- means that what we will be doing is for this rule. And if the previous ques- pletely closed rule for the consider- not allowing what I think is a fair tion fails, I will ask the House to ation of the Eightmile Wild and Scenic process for people dealing with their amend the rule to provide for the sepa- River Act. own private land. rate consideration of H.R. 3138, which This bill is a controversial one be- And I’m sure that you’ll have lots of would amend the Foreign Intelligence cause of the chilling effect it will have people who are my friends who are Surveillance Act of 1978 to update the on the private property rights of citi- Democrats say, well, this is so impor- definition of electronic surveillance. zens located in the same area affected tant that we’ve got to have this land by the infamous Kelo decision. In Kelo for the interest of all of the people, so b 1745 v. City of New London, the Supreme we can have this pristine land. But, Mr. Our country is facing a very serious Court gave State and local govern- Speaker, we’re talking about private problem, and I said this on the floor of ments broad authority to seize private property. And private property rights the House twice last week, that must property and give it to another private are those things under which this coun- be addressed before the House adjourns entity under the guise of economic de- try, one of the things that this country in August. That means last week we velopment. is founded under that makes us en- had two weeks to get it done; this week When citizens believe that their land tirely different than other countries. we have one week to get it done. The can be snatched up by the government Other countries, many of them, all majority Democrats continue to shirk for nearly any reason, then the prin- around the world, do not extend to their responsibilities to keep Ameri- ciple of private property rights be- their citizens the right for private cans safe by ignoring the seriousness of comes meaningless. property. this threat.

VerDate Aug 31 2005 01:27 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.140 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8903 Mr. Speaker, at this time I would rector of National Intelligence has told telligence information on any facility, like to yield 11 minutes to the gentle- us in black and white that we have an wire, or whatever here in the United woman from New Mexico, the ‘‘Land of intelligence gap, that there are things States. So you need a warrant. Enchantment’’ (Mrs. WILSON). we should be listening to that we are Mr. DREIER. Mr. Speaker, will the Mrs. WILSON of New Mexico. Mr. missing. gentlewoman further yield? Speaker, I thank my colleague from It is up to us in this House to act this Mrs. WILSON of New Mexico. I yield Texas for yielding, and I thank him for week to close that intelligence gap and to the gentleman from California. being here tonight. protect the country. Mr. DREIER. The reason I am pur- I would urge all of my colleagues to Mr. DREIER. Mr. Speaker, will the suing this, Mr. Speaker, is that we feel defeat the previous question on the gentlewoman yield? very strongly about the need to take rule here tonight. Mrs. WILSON of New Mexico. I yield action. And the gentlewoman, in her We now have 4 legislative days before to the gentleman from California. statement, has just talked about the the Congress recesses in August. In the Mr. DREIER. I thank my friend for imperative for us to act. Now, we for middle of April, the Director of Na- yielding, Mr. Speaker. months, because there has been no leg- tional Intelligence wrote to this body I would just like to inquire of my islation forward, we have been working with draft legislation saying we needed friend, as she began this explanation of on this notion of saying that on vir- to change the Foreign Intelligence Sur- the 1978 Foreign Intelligence Surveil- tually every rule that we bring to the veillance Act. He wrote a letter to this lance Act, FISA, as it is called, as we floor, we are seeking to defeat the pre- Congress last week saying that there is look at where we were in 1978, the way vious question so that we can finally an ‘‘intelligence gap.’’ We have an in- she has just explained it is that if you take some action to ensure that we are telligence gap, and we need to fix it. He look at the fact that what we are try- going to be able to intercept conversa- has proposed a much smaller piece of ing to do is ensure that we can go after tions not taking place in the United legislation which he sent to the Con- foreigners in foreign countries to en- States of America but among for- gress last Friday night, saying it is sure that we are protected, why in the eigners in foreign countries who want critical that we fix this problem before world would we in any way want to ac- to kill us. the House goes on recess for the month tually restrict our ability to go after Am I correct in assuming that? of August. foreigners in foreign countries who are Mrs. WILSON of New Mexico. That is If the previous question is defeated, terrorists and trying to do us in? We absolutely correct. And to me, Mr. we will immediately bring legislation are today restricted because of the ex- Speaker, the thing that bothers me to the floor to solve this intelligence istence of the 1978 Foreign Intelligence most is that for 3 or 4 months now we gap. Surveillance Act from doing that? have been talking and I have been talk- Technology has outstripped the law Mrs. WILSON of New Mexico. Re- ing to my Democratic colleagues and in the field of signals intelligence. We claiming my time, Mr. Speaker, that is to leadership here and my colleagues are now in the odd situation where we the anomaly of the law. In 1978 your on the Intelligence Committee, and I require our intelligence community to telephone was hooked to a wire on a have begged them to take up this issue, go to judges in the Foreign Intelligence kitchen wall. Blackberries grew on to do it in their own way, figure out Surveillance Court to get warrants on bushes, the Internet didn’t exist, and their own bill. But for God’s sake, let’s foreigners in foreign countries. This almost all long-haul communications fix this problem because all of us know doesn’t make any sense, and it wasn’t went over the air. They were bounced that American lives are at risk because what the Foreign Intelligence Surveil- off satellites. And those are completely this Congress fails to act. lance Act was set up to do. The Foreign excluded from the Foreign Intelligence Mr. DREIER. If the gentlewoman Intelligence Surveillance Act was writ- Surveillance Act because we wanted to would further yield, Mr. Speaker, I ten in 1978 to protect the civil liberties know that the goal that Mr. SESSIONS of Americans. It wasn’t intended to be protect our ability to collect foreign has just put forward here is the one a barrier for American intelligence to intelligence, but you were required to that managers in the minority in the protect terrorists overseas who are have a warrant if you touched a wire in past have, and that is we are urging all plotting to kill us. But because of the United States. Almost all short- of our colleagues to vote ‘‘no’’ on the changes in technology, that is where haul communications were over wires. previous question so that we will be we find ourselves today. Now the situation is completely re- The Director of National Intelligence versed. The majority of local calls now able to take the very thoughtful piece has told us the situation is critical, are over cell phones, 230 million cell of legislation that the gentlewoman that we must fix this intelligence gap. phone users. They are all radio, or the from New Mexico has introduced and And yet for over 3 months now, this equivalent. Almost all long-haul com- make that in order. After delaying for Congress has done nothing. munications, international commu- months and months and months, after We cannot afford to wait. We must nications, are now over wires or over these warnings that have come not act and fix the Foreign Intelligence fiber-optic cables. only from Mike McConnell, the Direc- Surveillance Act so that we do not re- Mr. DREIER. Mr. Speaker, if the gen- tor of National Intelligence, but from quire a warrant to listen to foreigners tlewoman would continue to yield, I the Secretary of Homeland Security, in foreign countries communicating would like to ask her, if, in fact, Mr. Secretary Chertoff, who has talked with other foreigners and plotting to McConnell, the Director of National In- about the fact that the chatter level is kill us. telligence, has used words like we are unusually high, and we all know that Mr. Speaker, all of us remember ‘‘blind’’ and ‘‘deaf’’ when it comes to he said that rather famously in an where we were the morning of Sep- our need to try to interdict these com- interview before the editorial board of tember 11. We remember whom we were munications, and, in fact, we are in a the Chicago Tribune, so we have con- with, what we were wearing, what we position today where, tragically, be- tinued to receive these warnings; yet had for breakfast. None of us in this cause of the Foreign Intelligence Sur- because of the fact that this Congress room, I would wager, remember where veillance Act and the fact that it is so has failed to act on our need to update we were when the British Government antiquated, we are allowing informa- that nearly 30-year-old law when we arrested 16 people who were within 48 tion to slip through and not be, in fact, have seen such dramatic changes take hours of walking onto airliners at monitored. Am I correct in concluding place in technology over the past three Heathrow Airport and blowing them up that? decades, we have been forced to this po- over the Atlantic. The reason we don’t Mrs. WILSON of New Mexico. You sition where we have to continually try remember it is because it didn’t hap- are correct. We are doing everything to urge our colleagues to defeat the pen. It didn’t happen because the Brit- we can to collect information overseas. previous question so that we can make ish, American, and Pakistani intel- We spy on these guys. We try to find this legislation in order. ligence services detected the plot be- out what they are going to do to stop Mrs. WILSON of New Mexico. Re- fore it was carried out. them before they attack us. But the claiming my time, Mr. Speaker, that is Intelligence is the first line of de- irony is we are hamstrung here in the the circumstance in which we find our- fense in the war on terror, and our Di- United States to collect any foreign in- selves, and it is a tragic one because I

VerDate Aug 31 2005 01:27 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.142 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8904 CONGRESSIONAL RECORD — HOUSE July 30, 2007 think people ignore problems until cannot do this under the law. And as communities and the residents of this there is a crisis and then they say, Why Director McConnell testified, FISA is area that have worked on this designa- didn’t you do something? Why didn’t outdated and has been made obsolete tion for 10 years or more. And so I con- you fix it when you knew there was a by technology. gratulate them today. And I salute the problem? Today, once again, the Republicans leadership of Congressman JOE I pray that we will never have to are asking for us to support the intel- COURTNEY, who brought a new energy have another 9/11 Commission. We ligence community because they are and commitment to this effort, and I passed a 9/11 Commission bill last week forced to obtain warrants to listen to thank Natural Resources Committee that had the remaining elements of terrorists outside of our Nation, and as Chair NICK RAHALL for his leadership. pieces of legislation we have been a result, and this is a quote, ‘‘We are This is a noncontroversial bill. It was working on for 5 years, and in it we actually missing a significant portion reported favorably by the Natural Re- didn’t take care of the most pressing of what we should be getting,’’ directly sources Committee by a voice vote in problem that is squarely in our lap, from the Director of Central Intel- May. It received the strong bipartisan which is that we know that technology ligence. support of the House, over 235 Members has outpaced the law. Now, there have This Congress has known about it for on July 11. Mr. Speaker, the Eightmile been amendments to the Foreign Intel- months. Republicans were on the floor River is a national treasure, and we ligence Surveillance law since 1978, but last week. We are on the floor again must do all that we can to preserve it. the basic structure of the law and the this week. We are saying we are get- This bill enjoys bipartisan support. A problem has not changed, which is if ting ready to go on break, we need to majority of the Members of this House you touch a wire in the United States, protect this country, we need to pass have voted for it, and we’re going to you have got to get a warrant. That is the law. We are asking the Democrat vote for it again. I urge my colleagues the irony here. leadership once again if you have got to support this rule and the important We are taking tremendous risks over- time for this bill that is about a river, Eightmile Wild and Scenic River Act. seas to keep this country safe and to you certainly should have time to pro- I urge a ‘‘yes’’ vote on the previous spy on our enemies. But we are tying tect this country when our intelligence question and on the rule. our hands when we own the infrastruc- people are saying we need it. We have The material previously referred to ture. They are using the communica- been saying for months we need it. The by Mr. SESSIONS is as follows: tions systems that we built, as the Republicans are on the floor today AMENDMENT TO H. RES. 580 greatest country in the world, to plot again to say there are 5 days left and OFFERED BY MR. SESSIONS OF TEXAS and plan and target to kill us, and this then we will be on vacation. At the end of the resolution, add the fol- body will do nothing about it. b 1800 lowing: We have 4 days, 4 days, until we are SEC. 3. That immediately upon the adop- out of town for another month, another Are they going to say to the Amer- tion of this resolution the House shall, with- month being deaf and blind in a time of ican people and to the intelligence out intervention of any point of order, con- heightened threat. community, ‘‘Too bad, we didn’t have sider the bill (H.R. 3138) to amend the For- I would ask my colleagues to defeat time to do that?’’ eign Intelligence Surveillance Act of 1978 to update the definition of electronic surveil- the previous question on the rule, to If my colleagues on the other side of the aisle are serious about facing down lance. All points of order against the bill are vote ‘‘no’’ on the previous question on waived. The bill shall be considered as read. the rule, and to immediately take up this threat, Mr. Speaker, they should The previous question shall be considered as this critical piece of legislation so that come and join us. They should join us ordered on the bill to final passage without we can protect this country. in defeating the previous question so intervening motion except: (1) one hour of Ms. CASTOR. At this time, Mr. that the House will be able to then ad- debate on the bill equally divided and con- Speaker, I will reserve the balance of dress this issue since the Democrat trolled by the chairman and ranking minor- my time until the gentleman from leadership won’t. ity member of the Permanent Select Com- Don’t hide behind something that mittee on Intelligence; and (2) one motion to Texas has made his closing statement. recommit. Mr. SESSIONS. By prior agreement, deals with Republican or Democrat, I will close at this time, and I thank and do the right thing for the country. (The information contained herein was the gentlewoman. This is a very real and a very serious provided by Democratic Minority on mul- Mr. Speaker, if the Rules Committee threat. tiple occasions throughout the 109th Con- wants to spend special time on the Mr. Speaker, I ask unanimous con- gress.) House floor debating these closed rules, sent to include my amendment and ex- THE VOTE ON THE PREVIOUS QUESTION: WHAT I believe that we can do better than the traneous material in the CONGRES- IT REALLY MEANS Eightmile Wild and Scenic Rivers Act. SIONAL RECORD. This vote, the vote on whether to order the However, for some reason this Demo- The SPEAKER pro tempore. Is there previous question on a special rule, is not crat leadership cannot seem to find objection to the request of the gen- merely a procedural vote. A vote against or- time to schedule consideration of legis- tleman from Texas? dering the previous question is a vote lation that was just spoken about by There was no objection. against the Democratic majority agenda and Mr. Speaker, I yield back the balance a vote to allow the opposition, at least for the gentlewoman from New Mexico and the moment, to offer an alternative plan. It the gentleman from California that of my time. is a vote about what the House should be de- clarifies one very specific thing, and Ms. CASTOR. Mr. Speaker, I am bating. that is that the United States Govern- pleased to return the debate to the Mr. Clarence Cannon’s Precedents of the ment will no longer be required to get matter on the floor. House of Representatives, (VI, 308–311) de- a warrant to listen to foreign terrorists The Eightmile Wild and Scenic River scribes the vote on the previous question on who are not even located in the United Act sponsored by my colleague, Con- the rule as ‘‘a motion to direct or control the consideration of the subject before the House States of America. gressman JOE COURTNEY of Con- necticut, which designates certain seg- being made by the Member in charge.’’ To Once again, Mr. Speaker, we have got defeat the previous question is to give the time to pick on private landowners and ments of the Eightmile River in the opposition a chance to decide the subject be- to take their land by the use and force State of Connecticut as components of fore the House. Cannon cites the Speaker’s of the Federal Government, but we the National Wild and Scenic Rivers ruling of January 13, 1920, to the effect that don’t have time to schedule legislation System. ‘‘the refusal of the House to sustain the de- to come and protect this country. Ut- Mr. Speaker, how fortunate we are to mand for the previous question passes the terly incredible. live in such a beautiful country; spa- control of the resolution to the opposition’’ The Director of the National Intel- cious skies, amber waves of grain, pur- in order to offer an amendment. On March ligence, Michael McConnell and the Di- ple mountain’s majesty, and the 15, 1909, a member of the majority party of- fered a rule resolution. The House defeated rector of the CIA, Michael Hayden, Eightmile Wild and Scenic River cor- the previous question and a member of the have testified to this Congress that ridor. opposition rose to a parliamentary inquiry, under current law their hands are tied. Despite the protestations from the asking who was entitled to recognition. They are giving this body notice: we other side of the aisle, it has been the Speaker Joseph G. Cannon (R-Illinois) said:

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All points of order against consid- the Democratic majority they will say ‘‘the eration of the bill are waived except those simply because she is a woman. By the vote on the previous question is simply a arising under clause 9 or 10 of rule XXI. The time of her retirement, she was earning vote on whether to proceed to an immediate amendment in the nature of a substitute rec- $45,000 a year. The lowest paid male su- vote on adopting the resolution . . . [and] ommended by the Committee on Education pervisor at the plant was making $6,500 has no substantive legislative or policy im- and Labor now printed in the bill shall be a year more. plications whatsoever.’’ But that is not what considered as adopted. The bill, as amended, As the case of Lilly Ledbetter clearly they have always said. Listen to the defini- shall be considered as read. All points of shows, there is still discrimination in tion of the previous question used in the order against provisions of the bill, as the workplace, and it is our responsi- Floor Procedures Manual published by the amended, are waived. The previous question shall be considered as ordered on the bill, as bility and it is our duty to ensure that Rules Committee in the 109th Congress, every worker in this Nation receives (page 56). Here’s how the Rules Committee amended, to final passage without inter- described the rule using information from vening motion except: (1) one hour of debate fair compensation for their work. Congressional Quarterly’s ‘‘American Con- equally divided and controlled by the chair- We had a bipartisan solution to this gressional Dictionary’’: ‘‘If the previous man and ranking minority member of the problem, known as title VII of the Civil question is defeated, control of debate shifts Committee on Education and Labor; and (2) Rights Act of 1964. While this legisla- to the leading opposition member (usually one motion to recommit with or without in- tion was groundbreaking and certainly the minority Floor Manager) who then man- structions. was a giant step forward for our work- ages an hour of debate and may offer a ger- SEC. 2. During consideration of H.R. 2831 pursuant to this resolution, notwithstanding ers, there was clearly a hole in the law, mane amendment to the pending business.’’ and that is what we are filling today. Deschler’s Procedure in the U.S. House of the operation of the previous question, the Chair may postpone further consideration of Lilly Ledbetter proved her case. A Representatives, the subchapter titled jury found that she had been discrimi- ‘‘Amending Special Rules’’ states: ‘‘a refusal the bill to such time as may be designated by the Speaker. to order the previous question on such a rule nated against and awarded her the [a special rule reported from the Committee The SPEAKER pro tempore (Mr. back pay she should have received, at- on Rules] opens the resolution to amend- SALAZAR). The gentleman from Massa- tempting to fulfill the purpose of title ment and further debate.’’ (Chapter 21, sec- chusetts is recognized for 1 hour. VII, to make her whole and to discour- tion 21.2) Section 21.3 continues: Upon rejec- Mr. MCGOVERN. Mr. Speaker, for age other employers from discrimi- tion of the motion for the previous question the purposes of debate only, I yield the nating in the future. But those goals on a resolution reported from the Committee customary 30 minutes to my good were thwarted by a 5–4 Supreme Court on Rules, control shifts to the Member lead- friend, the gentleman from California decision earlier this year. The Court ing the opposition to the previous question, (Mr. DREIER). All time yielded during held that in order to recover the back who may offer a proper amendment or mo- tion and who controls the time for debate consideration of the rule is for debate wages she was owed, Lilly Ledbetter thereon.’’ only. needed to file a complaint at the time Clearly, the vote on the previous question GENERAL LEAVE the discrimination began, even though on a rule does have substantive policy impli- Mr. MCGOVERN. Mr. Speaker, I ask she did not become aware of it until cations. It is one of the only available tools unanimous consent that all Members more than a decade later. What we are for those who oppose the Democratic major- have 5 legislative days within which to doing is reclaiming the original pur- ity’s agenda and allows those with alter- revise and extend their remarks and in- pose, the legislative intent of title VII, native views the opportunity to offer an al- sert extraneous materials into the which unfortunately the Supreme ternative plan. RECORD. Court, in one fell swoop, completely, Ms. CASTOR. Mr. Speaker, I yield The SPEAKER pro tempore. Is there outrageously undermined. back the balance of my time, and I objection to the request of the gen- Their decision was as if to say that move the previous question on the res- tleman from Massachusetts? because Lilly Ledbetter didn’t know olution. There was no objection. she was being treated unfairly, that The SPEAKER pro tempore. The Mr. MCGOVERN. Mr. Speaker, I yield therefore she was not being treated un- question is on ordering the previous myself such time as I may consume. fairly. This was, of course, irrespective question. Mr. Speaker, House Resolution 579 of the fact that the Court and those of The question was taken; and the provides for the consideration of H.R. us here in this Chamber unequivocally Speaker pro tempore announced that 2831, the Lilly Ledbetter Fair Pay Act know Lilly Ledbetter suffered the con- the ayes appeared to have it. of 2007, under a closed rule. sequences of discrimination through- Mr. SESSIONS. Mr. Speaker, on that The rule provides 1 hour of debate out the course of her life and her ca- I demand the yeas and nays. equally divided and controlled by the reer. The yeas and nays were ordered. chairman and ranking minority mem- Mr. Speaker, Lilly Ledbetter joined The SPEAKER pro tempore. Pursu- ber of the Committee on Education and the workforce and worked hard, assum- ant to clause 8 of rule XX, further pro- Labor. ing that she would receive fair com- ceedings on this question will be post- The rule waives all points of order pensation for her efforts. But her story poned. against consideration of the bill except and the stories of countless others is those arising under clauses 9 or 10 of not one of fairness or justice. f rule XXI. I will not retell her story because I PROVIDING FOR CONSIDERATION Mr. Speaker, I rise in strong support think we have all heard it and we all OF H.R. 2831, LILLY LEDBETTER of this rule and the underlying legisla- understand that she was wronged. In- FAIR PAY ACT OF 2007 tion, the Lilly Ledbetter Fair Pay Act. stead, I will share with you some of her Mr. MCGOVERN. Mr. Speaker, by di- This legislation can be summed up in testimony before the House Education rection of the Committee on Rules, I one word, ‘‘fairness.’’ And what better and Labor Committee in June. And al- call up House Resolution 579 and ask summarizes the idea of fairness than though I was not there to hear her for its immediate consideration. equal pay for equal work. speak, you can feel the passion of The Clerk read the resolution, as fol- We’ve all heard it; we’ve all said it in someone who knows she was wronged. lows: speeches, but right now we have a real These are the words of Lilly Ledbetter, opportunity to make it happen. I wish and I quote: ‘‘What happened to me is H. RES. 579 we did not have to be here today, but not only an insult to my dignity, but Resolved, That upon the adoption of this the shortsighted and unfortunate re- had real consequences for my ability to resolution it shall be in order to consider in the House the bill (H.R. 2831) to amend title cent Supreme Court ruling has forced care for my family. Every paycheck I VII of the Civil Rights Act of 1964, the Age us to revisit this painful issue from our received I got less than what I was en- Discrimination in Employment Act of 1967, Nation’s past. titled to under the law. The Supreme the Americans With Disabilities Act of 1990, Lilly Ledbetter spent 19 years of her Court said that this didn’t count as il- and the Rehabilitation Act of 1973 to clarify life working at the Goodyear Tire and legal discrimination, but it sure feels

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And I, and my colleagues on ity has articulated more than once last make sure it will never happen again. both sides of the aisle, are horrified, week in the Rules Committee. The You know, Mr. Speaker, Lilly absolutely horrified at the thought of statement was as follows: if you don’t Ledbetter could be bitter and angry, discrimination taking place. And like support the bill, you shouldn’t be given and most certainly she has every right Lilly Ledbetter, we want to ensure, as the opportunity to amend it. If you to be. But instead, her concern is about she very selflessly said, that as we look don’t support the bill, you shouldn’t be what will happen in the future. to future instances of potential dis- given an opportunity to amend it. That And let me quote her again: ‘‘My case crimination, that no one is ever treat- is what has regularly been propounded is over, and it is too bad that the Su- ed as she was. by our colleagues upstairs in the Rules preme Court decided the way it did. I b 1815 Committee. hope, though, that Congress won’t let Apparently, you have to be a ‘‘yes this happen to anyone else. I would feel But I will say that this rule and the man’’ if you want to have an oppor- that this long fight was worthwhile if underlying legislation are a very, very tunity to be heard or participate in the at least at the end of it I knew that I bad signal in our attempt to address legislative process. You have to make played a part in getting the law fixed this question. an absolute commitment that you are so that it could provide real protection From a substantive point, this bill is going to support the legislation if you to real people in the real world.’’ only the most recent salvo in the want to have a chance to improve it. Lilly Ledbetter’s concern is with Democratic majority’s assault on en- That is exactly what happened in an those workers who come after her who, trepreneurship and the competitiveness exchange with the distinguished former just like her, will work hard at their of the U.S. economy. From a process chairman of the Education and Labor jobs and assume that they are receiv- standpoint, this bill continues their as- Committee, the now ranking member, ing equal pay for equal work. This is sault on this institution and, by virtue my California colleague, Mr. MCKEON. not something that they should have of that, the rights of the American peo- Of course, they tried to conceal their to hope for; it is something they de- ple. bad policy and sloppy work by claiming serve and are owed under the law. And After a campaign last November that this bill is about ending discrimination this Congress owes these workers and was founded on a commitment to open- in the workplace. As I said, we all want their families, because last November ness, deliberativeness and responsible to ensure that we end discrimination in they voted for change because they legislating, this bill and the process by the workplace. We are all horrified by were tired of the economic injustices which it has been addressed are just any instance of discrimination in the that people like Lilly Ledbetter had another example, another addition to workplace. They claim that it is about suffered. the ever-growing list of broken prom- righting wrongs, that the Supreme Mr. Speaker, the American people ex- ises that have been made to the Amer- Court overturned long-settled protec- pect their government to stand up for ican people. tions in the Ledbetter case and that fairness and justice. And for this rea- In crafting the underlying bill, the this bill simply restores the proper son, let me say how disappointed I am Democratic leadership all but aban- legal precedent. in our President, who has said he will doned the committee process itself. It Well, Mr. Speaker, those claims are veto this legislation if it comes to his shunned the input of experts, raced to patently false. This bill would intro- desk. This is a President who, time and bring their shoddy, sloppy work to the duce utter chaos into the courts. Utter time again, stands up before audiences House floor, and shut down, by virtue chaos. It is so vaguely and so poorly and claims that he is against discrimi- of what we are doing, any possibility of constructed that it would open the nation in all forms, yet now we get this meaningful debate by denying any floodgates of dubious, dubious claims threat. amendments whatsoever. and frivolous lawsuits. If this Congress is truly committed Mr. Speaker, the most unfortunate The distinguished ranking member of to ending discrimination in this Na- part is that far from being an anomaly, the Education and Labor Committee tion, we cannot let this President have this process, as was evidenced by the simply tried again to offer an amend- the final word. If he vetoes this bill for last rule that we just debated, is em- ment that would have dealt with this fairness and justice, I hope that this blematic of what this Democratic ma- vagueness and that would have ad- Congress will stand up and overturn his jority has been doing. dressed the sloppy assembly of this leg- pen stroke that strikes at the heart of Now, as my friend, the gentleman islation. And because he didn’t make a what makes this Nation great. from Dallas (Mr. SESSIONS), said in commitment that he would support the Mr. Speaker, the Lilly Ledbetter Fair management of the last rule that was legislation at the end of the day, he Pay Act is not only about changing the just before us, the Democratic major- was denied, as was every other Member way we treat our working men and ity has considered twice as many meas- who wanted to have an opportunity to women; it’s about paying rent, putting ures under closed rules as the Repub- amend the legislation, they were de- food on the table, and paying for our lican had by this point, July 30, in the nied a chance to do that. children to go to college. For this to last Congress. The result of what it is that they are happen, we must return to the roots of I say that because we, as Repub- doing would be to obfuscate real cases a Nation and what has made us great licans, were constantly maligned and of discrimination. Again, we want to and moved us forward in times of berated because we had closed rules. ensure that any instance of discrimina- strife. Fairness has been at the heart of Yes, we did have closed rules. Some tion is addressed. But what they are all that makes America strong, and were warranted. Do you know what, doing here, Mr. Speaker, would obfus- this Congress cannot turn away from Mr. Speaker? We may have over- cate real cases of discrimination and that. reached in some of the closed rules cripple business owners, who are the For Lilly Ledbetter and all the work- that we had. But I find it very inter- job creators in our economy. ers who simply want to earn a fair esting that as we saw that level of crit- Now, this may be a trial lawyer’s wage for the hard work that they do do icism leveled at the Republican major- dream, but it would be a nightmare for for their families and for justice, let’s ity, a promise was made to the Amer- any small business owner, not to men- pass this important legislation. ican people that there would be greater tion anyone with a legitimate case of Mr. Speaker, I reserve the balance of openness and opportunity for more de- workplace discrimination. my time. liberation and a degree of account- Again, we want anyone who has a le- Mr. DREIER. Mr. Speaker, I yield ability the likes of which did not exist gitimate case of workplace discrimina- myself such time as I may consume. when Republicans were in charge. tion to be able to come forward and to

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.148 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8907 address that grievance. Obviously, pre- preme Court that there was ‘‘consider- three-decade-old, very antiquated For- venting discrimination and punishing able conflict and confusion.’’ Again, in eign Intelligence Surveillance Act. We it when it happens are critical goals of arguing on her behalf before the United have seen such tremendous, tremen- our labor laws. We all share a commit- States Supreme Court, her attorney dous changes in technology. On a daily ment to combating discriminatory said that there was ‘‘considerable con- basis we see that. We all know about treatment of any worker. It is pre- flict and confusion.’’ those changes. Moore’s Law made it cisely with this goal in mind that our Mr. Speaker, what is more, this legis- very clear that you see in a 6-month laws have been designed to deal with lation goes far beyond the limited period all kinds of equipment being discrimination in a timely and expedi- scope of the Ledbetter case, far beyond outdated and antiquated. tious way. No one benefits when we that case. While that case dealt solely Well, Mr. Speaker, we have seen ter- allow violations to continue on indefi- with the issue of intentional discrimi- rorists have the ability to take advan- nitely with a completely open-ended nation, the underlying bill expressly tage of the tremendous changes, and potential for years or decades to go by removes this distinction and in fact all we are asking is that the rec- before the issue is addressed. opens the floodgates on nonintentional ommendations that have been put for- Virtually no statute of limitations at disparate impact discrimination cases ward by the Director of National Intel- all is the potential problem with this as well. The bill’s authors admit as ligence, Mike McConnell, by the Direc- legislation. By the same token, Mr. much in their own committee report. tor of the CIA, Mike Hayden, by the Speaker, we have to guard against an So, Mr. Speaker, when the Demo- Secretary of Homeland Security, Mi- unlimited window for the introduction cratic majority claims this bill simply chael Chertoff, that we see a chance for of those claims. As I said, frivolous, un- restores the precedent that was re- the concerns that they have under- founded complaints are already a huge versed by the Supreme Court, they are standably raised on the inability to drain and take focus away from the wrong. When they claim this bill will make sure that we can monitor the ac- very legitimate and important cases give greater protection to those who tions of foreigners in foreign countries, that are out there. suffer from workplace discrimination, that we have the ability to do that. Mr. Speaker, the Equal Employment they are wrong. That is all we are asking. Opportunity Commission found reason- This bill is wildly ill conceived, based I am going to urge my colleagues to able cause last year in a mere 5.3 per- on specious claims. It would turn dis- defeat the previous question, Mr. cent of the 75,000 complaints it re- crimination litigation into the Wild Speaker, so we will be able to make ceived. Again, I believe that Lilly West of jurisprudence. It would inflict that in order, and to ensure that as we Ledbetter was absolutely right when irreparable harm on countless busi- look at this legislative process and she talked about the need to ensure nesses and take precious resources move forward, that we don’t continue that those who face discrimination in away from real cases of discrimination. with this very, very dangerous pattern the future, in fact, do have an oppor- I will say again, Mr. Speaker, we that we have had. tunity to have their wrong righted. want to do everything that we can to Mr. Speaker, I reserve the balance of The EEOC, by its own numbers, re- ensure that everyone who is victimized my time. ceives 20 times as many unreasonable has their opportunity to be heard. But Mr. MCGOVERN. Mr. Speaker, let me complaints as legitimate claims. Let this legislation would take the re- just say in response to the gentleman me say that again: the Equal Employ- sources to allow that to happen away from California’s remarks, that obvi- ment Opportunity Commission has from those who really face discrimina- ously we disagree on the importance of stated that they receive 20 times as tion. this legislation. Many of us on this many unreasonable complaints as le- Unfortunately, but predictably, this side, I hope all of us on this side, and a gitimate claims. Furthermore, it found is the kind of bad policy that inevi- good number of Members on that side, absolutely no cause whatsoever in over tably comes from bad process. By irre- believe this is serious, a serious bill 60 percent of the cases that have been sponsibly and hastily throwing this and a very important bill, and that the brought forward. This means that a legislation together, the Democratic issue of discrimination is something we large majority of its work is already majority has concocted a bill that cannot tolerate under any cir- wasted in investigating entirely un- would accomplish none of what they cumstances. founded complaints. claim it will. Instead, it would unleash The gentleman mentions the prom- Now, Mr. Speaker, the tragic thing is a flood of unintended consequences ises that the Democrats made when that with this legislation, the waste that will hurt the very people they pur- they campaigned in the last election. and abuse will increase exponentially. port to help. They will be hurting the One of those promises was that we We have already seen the impact of workers of this country. They will be would combat discrimination wherever frivolous lawsuits on competitiveness hurting the people that they purport to it existed. That is what we are doing of American entrepreneurs and busi- help. Once again, that sloppy work has here today. ness owners. I am sure we have all read produced very, very dangerous policy. We think it is wrong that women get about the District of Columbia, the Mr. Speaker, I am going to urge my paid less than men for doing the same D.C. ‘‘pants suit,’’ the family-owned colleagues to oppose this rule, and, just job. dry cleaner that faced a $67 million as was the case in the last measure, I 1830 lawsuit over a pair of pants. That fam- am going to, as Mr. SESSIONS did, en- b ily has been nearly ruined by hundreds courage a ‘‘no’’ vote on the previous The gentleman says this bill is an as- of thousands of dollars in legal bills, question. Why? So that we will be able sault on entrepreneurship. Equal pay even though they won their case. This to do something that I know they will for equal work is an assault on entre- is the ultimate nightmare for any busi- argue, as Ms. CASTOR did when we were preneurship? ness owner, let alone the small family- debating the last rule, is completely Mr. DREIER. Mr. Speaker, will the run business that bolsters our economy unrelated. gentleman yield? and our communities, as well. What it is we are going to offer if we Mr. MCGOVERN. I yield to the gen- Mr. Speaker, this bill protects nei- are able to defeat the previous question tleman from California. ther those who suffer from discrimina- is a chance for us to take steps to en- Mr. DREIER. I thank my friend for tion nor the innocent who are wrongly sure that terrorists do not have the yielding. accused. Furthermore, the claim that tools to kill Americans. By that, I I never said that equal pay for equal long-held and long-settled legal prece- mean we are hoping, if we can defeat work is an assault on entrepreneurship. dent was reversed by the Ledbetter rul- the previous question, to ensure that What I said is that this legislation ing is utterly spurious. The very plain- the very thoughtful legislation that would create an open-ended prospect tiff, the alleged victim in this case, has been introduced by our colleague for frivolous lawsuits and undermines Mrs. Ledbetter, asserted her case based from New Mexico (Mrs. WILSON) will be the ability of entrepreneurs to be able in part on the wildly disparate rulings able to be considered. to succeed and create jobs and ensure on the legal matter at issue in her law- What does that do? It finally gives us the future of our economy. suit. Her attorneys argued to the Su- a chance to modernize the nearly I thank the gentleman for yielding.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.150 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8908 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Mr. MCGOVERN. I thank the gen- against them at the outset. The Civil Mr. Speaker, I am happy to yield 3 tleman for his clarification, but the un- Rights Act exists to protect individuals minutes to the gentleman from Dallas derlying point of this bill is to make precisely when they find themselves in (Mr. SESSIONS), my hardworking col- sure that there are no more cases like the situation Lilly Ledbetter found league on the Rules Committee. Lilly Ledbetter’s case. With almost herself in. It was never meant to be in- Mr. SESSIONS. Mr. Speaker, as I was every piece of legislation that deals terpreted in a way that provides a loop- preparing to come down here just a with civil rights, the other side always hole for employers to discriminate, but minute ago, I was met by one of my trots out this litigation argument. just to make sure that their employees colleagues, the gentleman from Florida There will be more lawsuits and more are kept in the dark for 6 months. who said: Another closed rule? My lawsuits and more lawsuits. The Supreme Court ruling, if left to gosh, I thought they said this was We hear the lawsuit in D.C. brought its own, signals to employers that it’s, going to be an open Congress. I thought up about this man who is suing a dry that is why it is so important that we they said we are going to have closed cleaners for losing his pants. To the now carry out our responsibility here rules only to get their political agenda, best of my knowledge, that has nothing in the Congress to provide a check and 6 in ’06 done, and then we will quit to do with discrimination. I agree with a balance against the Court’s ruling. that. the gentleman that that is a frivolous I want to thank Lilly Ledbetter for Well, to the gentleman from Florida her courageous zeal in carrying out her lawsuit, but to bring that case up in (Mr. KELLER), another closed rule. efforts to get this injustice corrected. I the context of what we are debating However, this closed rule is just an- was impressed when I met her. She here, which is the civil rights and the other manifestation of the new Demo- came to testify on Capitol Hill, testify equal rights and the equal pay protec- cratic majority’s philosophy. Just an- before the committee. She knows that tions for women in this country, I don’t other one. And that is, if you can’t sup- this law that we are about to pass will think is appropriate, quite frankly. port the bill in its current form, you not necessarily rectify her situation. Mr. DREIER. Mr. Speaker, will the shouldn’t be given an amendment. But she knows also, having experienced gentleman yield? That is the new philosophy at the this inequity over so many years and Mr. MCGOVERN. I yield to the gen- Rules Committee. Democrats on the carrying out her job so faithfully, she tleman from California. Rules Committee said at least twice got nothing but excellent reports and Mr. DREIER. I thank my friend. I am last week that Members who are not discovered, as she went to retire, that really confused with the argument that willing to vote for the bill should not she had been getting unequal pay all has just been propounded because the be allowed to offer amendments. these years. So I commend my col- gentleman says every time there is a I would like to quote one of my col- league from California, Chairman MIL- concern, we bring up the issue of frivo- leagues. This took place this last week, LER. I think it is so important that we lous lawsuits, and the gentleman has and it says, the gentleman from Flor- carry out her determination on behalf just talked about one of the worst ida (Mr. HASTINGS), ‘‘I will argue for a of her workplace and the women that cases of a frivolous lawsuit, the $57 closed rule. It makes no sense to have she represents who are so often sitting the minority presenting anything they million case that was brought against in the same situation as she did, find- might improve, that they might have a small business owner. That is a prob- ing themselves at their retirement, the agreed upon, and at the end not vote lem. fact that they were given unequal pay C for the bill.’’ Mr. M GOVERN. Reclaiming my over all the years. They just didn’t Hello? What’s the Rules Committee time, I guess my confusion was you are know what their colleagues were re- for? The Rules Committee is there to bringing up that case in the context of ceiving. perfect bills, to make them better, to the debate we are having here today So I support Chairman MILLER and with regard to equal pay for equal the committee as a whole for being listen to input from Members of Con- work. such strong protectors of workers’ gress. Yes, that does include the minor- I should also point out to the gen- rights, regardless of race, gender or dis- ity in my opinion, but that is only tleman that the CBO expects that this ability. I urge my colleagues to vote upon 9 years of service to the Rules bill would not significantly affect the ‘‘yes’’ for the rule and the bill, the Committee, where the Rules Com- number of filings with the Equal Em- Lilly Ledbetter Fair Pay Act. mittee, for the 9 years prior to this, we ployment Opportunity Commission. Mr. DREIER. Mr. Speaker, I yield were very careful to make sure that That appears in the report on the bill. myself such time as I may consume. I minority members had a say, could Again, I say to my colleagues that would like to join with my colleague come before the Rules Committee. This this issue is very simple. This is about from Santa Barbara in saying that we is yet another example of the circular combating discrimination. This is are absolutely committed to doing logic used by the majority. And it is about fairness, and this is the way to every that we possibly can to ensure only when you support a bill should do it, and this is the opportunity to do that there is no case of discrimination you have the opportunity to amend it. it. when it comes to the issue of equal pay You know, this is tortured logic and Mr. Speaker, I yield 21⁄2 minutes to for equal work. Obviously we want to it makes no sense, and it prevents good the gentlewoman from California (Mrs. do everything possible to make sure ideas from being considered by the CAPPS). that someone like Ms. Ledbetter, who I House. But this is the way they are Mrs. CAPPS. Mr. Speaker, I thank believe was wronged, does not face this going to run the House, it seems like. my colleague for yielding and agree kind of difficulty in the future. That is New logic, move the goalposts. And with his sentiments. exactly what Ms. Ledbetter said she make sure, if you are in the minority Mr. Speaker, I am rising now in full wants to have happen. and if you don’t completely agree with support of the rule and of the under- The problem is this bill has been so the Democrat majority, you have no lying bill, H.R. 2831. As chairman of the poorly put together it creates the po- need to come to the Rules Committee. Democratic Women’s Working Group, I tential to actually impinge on the abil- We don’t care, and you are not going to am proud of how quickly this Congress ity of people to bring cases forward. have a chance to even be heard or un- is responding to a clear misinterpreta- While my friend from Worcester talked derstood. It’s a sad day. tion of a law designed to protect indi- about the issue of the Congressional Mr. MCGOVERN. Mr. Speaker, we viduals from gender discrimination. Budget Office’s analysis and the lack of hear a lot from the other side about It has taken us many years to reach an increase in cases, if you look at the how nobody supports what happened to a point where Congress now no longer mere fact that the Equal Employment Lilly Ledbetter, yet it was this Repub- wastes time in correcting an inequity Opportunity Commission has said that lican President’s Solicitor General who when discrimination against women 60 percent of their cases do not warrant argued against Lilly Ledbetter in the occurs. This is a real achievement. even moving forward, and that is why Supreme Court. For all of the years I The bill before us rightly recognizes this creates the potential for even can remember that the Republicans that victims of pay discrimination more of these horrible cases, based on were in the majority in Congress, I should not be punished because they the arguments that have been brought don’t remember any groundbreaking were not aware of the discrimination forward. equal pay for equal work legislation

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.154 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8909 being brought to the floor to deal with yourselves, God bless you. I’m not Under our labor practices, we have these kinds of issues. happy with it. I couldn’t live with my- provisions for individuals to challenge So we can talk all we want about the self. unfair labor practices. We have an need to eliminate discrimination in the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Equal Employment Opportunity Com- workforce against women, but unless The SPEAKER pro tempore. Mem- mission that is for our own Americans we back those statements up with our bers are reminded to address their re- to address unfair and discriminatory votes on legislation that will change marks to the Chair. practices. We do not own up to the val- that, then those words ring hollow. Mr. DREIER. Mr. Speaker, how much ues of this Nation if we do not correct Mr. Speaker, I yield to the gentleman time is remaining on each side? an injustice. It was an injustice for from Rhode Island (Mr. KENNEDY) 3 The SPEAKER pro tempore. The gen- Lilly Ledbetter not to be allowed to minutes. tleman from California has 111⁄2 min- pursue her discrimination charge. Mr. KENNEDY. Mr. Speaker, I thank utes. The gentleman from Massachu- I ask my colleagues to make it right the gentleman from Massachusetts. setts has 131⁄2 minutes. and help women get equal pay for equal I think it is interesting to hear all Mr. DREIER. Mr. Speaker, I reserve work. these protestations from my colleagues the balance of my time. Mr. DREIER. Mr. Speaker, I’m happy on the Republican side about this issue Mr. MCGOVERN. Mr. Speaker, I yield to yield 31⁄2 minutes to my very of civil rights and how they are so con- 3 minutes to the gentlewoman from thoughtful colleague from Orlando (Mr. cerned about equal rights for women. Texas (Ms. JACKSON-LEE). KELLER). They are so concerned about equal pay (Ms. JACKSON-LEE of Texas asked Mr. KELLER of Florida. Mr. Speak- for equal work, that if it were up to and was given permission to revise and er, I thank the gentleman for yielding, them, they would do something about extend her remarks.) and I will begin by yielding to the gen- it, that they care just as much as Ms. JACKSON-LEE of Texas. Mr. tleman from New York (Mr. WALSH). Democrats. Speaker, might I put this in the Mr. WALSH of New York. Mr. Speak- Yet it was the Republican President present context so that our colleagues er, I thank the gentleman for yielding. who nominated the Supreme Court, can recognize why this bill is so cru- I’d just like to sort of maybe refresh. who stacked the Supreme Court of the cial? There’s a lot of demagoguery going United States with conservative, right- Just about a week ago, many of us on here today. I’d like to refresh my wing Republican ideological judges took to our communities to announce colleagues’ memory in that the Civil that handed down not only the the first time in 10 years the increase Rights Act was passed in 1964. The Re- Ledbetter decision, but has handed in the minimum wage. In fact, it was publicans became the majority party in down decision after decision that has July 24, 2007. The last time the min- this country in 1994. Where were you gone against working people and civil imum wage was increased for American for 30 years? There’s plenty of blame to rights every step of the way. This is no workers, and by the way, we gave tax be passed around, but please take re- mistake. This is just the agenda that relief to our small businesses, was 1997 sponsibility for your own. the Republicans wanted. under the Democratic administration. Mr. KELLER of Florida. Mr. Speak- You voted for President Bush, so It took a Democratic Congress to raise er, I thank the gentleman for yielding, don’t come on down here and say but the minimum wage. For 10 years, we and, Mr. Speaker, I rise to oppose this we didn’t mean to. And by the way, you could not get our friends on the other closed rule and the underlying legisla- also cut the Equal Employment Oppor- side of the aisle to raise the minimum tion. tunity Commission when you were in wage. It took a majority Democratic When the Democrats went through charge of this place, so don’t come over Congress to raise that wage. their 6 for ’06 agenda and gave us here and now say you protest women closed rule after closed rule, they told not getting paid equally. b 1845 us it would be temporary; we would And for a fact, if there were a flood of Now, understand, suppose 23 years then have a fair process to amend bills lawsuits, there would be every reason later you found out that the minimum and clarify them. It hasn’t happened. for there to be a flood of lawsuits, Mr. wage was raised in 2007, but your em- Today is the 28th time the Democrats DREIER. ployer had never told you. The ques- have given us a closed rule, literally ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tion becomes, is it not fair for you to twice as many as Republicans during The SPEAKER pro tempore. Mem- be able to have retroactively what is the same time period. We had two bers are reminded to direct their re- due you as a hardworking American? amendments that we wanted to offer marks to the Chair. That is what happened to Lilly that would improve and clarify the bill. Mr. KENNEDY. The facts being what Ledbetter, who worked for Goodyear We had no chance to do so. they are, the Department of Labor year after year after year after year Next, let me talk about the sub- says, as a fact today, 76 cents on the after year, and tragically, the Supreme stance of the bill. This legislation has dollar today is paid for the same hour- Court, unevenly divided, appointed by the practical effect of doing away with ly work for a woman as for a dollar this administration, believed that Lilly statutes of limitations in employment that a man works. For every dollar a Ledbetter had no rights. cases. On May 29, 2007, the U.S. Su- man earns, 76 cents is what a woman This legislation wants to put this preme Court ruled that Ms. Ledbetter’s earns. That is a fact. If you don’t be- system on the right track, and I thank claim was barred by the statute of lim- lieve that, go to the Census Bureau, go the distinguished member of the Rules itations. This legislation attempts to to the Department of Labor and ask for Committee; I thank Mr. MILLER. I’m specifically reverse that decision and, yourself. proud to be one of the cosponsors of in fact, makes it retroactive to the day For my sake, I don’t want to go home this legislation. We are giving Lilly before the decision on May 28, 2007. and tell my mother that she is only Ledbetter and all those who may be Make no mistake, there is a strong worth 76 cents for a dollar a man is under her particular discrimination re- public policy reason for having a stat- worth. I don’t want to go back to my lief, and that is because she did not ute of limitations in the employment sister and tell her she is only worth 76 know of her rights to be able to pursue context. Witness memories fade, docu- cents what my brother and I are worth. the discriminatory practices when they ments are lost and employees die. We I don’t want to go to my daughters were happening. The Supreme Court want these disputes to be resolved some day and say they are only worth threw her out of court. when witness memories are fresh, docu- 76 cents versus a dollar what a man is This is an appropriate fix. My col- ments are available and employees are worth when they go to work for equal leagues fixed a problem with the Bor- alive. time served. der Patrol agents. I happen to agree The Ledbetter case is a perfect exam- If you are happy being opposed to with them. Mandatory sentences are ple. Ms. Ledbetter alleged sexual har- this bill, H.R. 2831, and you are happy really a challenge, but we’re trying to assment misconduct by a single Good- living with yourselves and living in the fix something for a hardworking Amer- year supervisor. Yet she waited 19 same home as your female family ican, a woman who was discriminated years after the supervisor passed away members, knowing that and living with against. from cancer to file suit. She said at the

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.155 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8910 CONGRESSIONAL RECORD — HOUSE July 30, 2007 hearing, ‘‘I didn’t say anything at first of the Committee on Education and drafted, rushed through committee because I wanted to try to work it out Labor (Mr. MCKEON). with practically no input from outside and fit in without making waves.’’ Mr. MCKEON. Mr. Speaker, I thank stakeholders or from committee Re- Now, she seemed like a nice lady to the gentleman for yielding, and I rise publicans and, now, sent to the floor me. I had the chance to meet her, but in opposition to this rule. under an airtight, closed rule. I wonder what her supervisor would Last Thursday night, Members re- Because of this, Mr. Speaker, I have have said had she brought this suit ceived notice of an emergency meeting no choice but to continue my opposi- when it was fresh so we could hear both of the Rules Committee on the fol- tion to it, both for policy and process sides. lowing morning, with no deadline given reasons. Shortly, I will be proud to The Supreme Court wondered the for Members on either side of the aisle manage time in opposition to it, but same thing. The Supreme Court wrote to submit amendments to this badly before then, I will vote against this un- in its Ledbetter opinion: ‘‘The passage flawed legislation. Even though I was democratic rule, and I urge my col- of time may seriously diminish the able to file two of them because they leagues to do the same. ability of the parties and the fact-find- had already been drafted for an Edu- Mr. MCGOVERN. Mr. Speaker, may I er to reconstruct what actually hap- cation and Labor Committee markup inquire how much time I have remain- pened. This case illustrates the prob- last month, this extremely short notice ing. lems created by tardy lawsuits.’’ and lack of amendment instructions ef- The SPEAKER pro tempore. The gen- We hear about equal pay for equal fectively shut both Democrat and Re- tleman from Massachusetts has 8 min- work. We’re all for that, Mr. Speaker. publican colleagues out of the Rules utes. The gentleman from California The fact is those folks haven’t read Committee’s increasingly undemo- has 51⁄2 minutes. this opinion because she had an Equal cratic process. Mr. MCGOVERN. Mr. Speaker, I yield Pay Act that was thrown out on the I say increasingly undemocratic be- 2 minutes to the distinguished gentle- merits. cause last Thursday night and Friday woman from New York (Mrs. Mr. MCGOVERN. Mr. Speaker, I just morning’s turn of events was just one MALONEY). want to respond to the gentleman from of several occasions this year in which (Mrs. MALONEY of New York asked New York (Mr. WALSH) who spoke be- I’ve found the Rules Committee acted and was given permission to revise and fore and wanted to know where the in a wholly unfair manner. extend her remarks.) Democrats were on this issue. We For example, in my first appearance Mrs. MALONEY of New York. Mr. didn’t know we had a problem until before the committee this year, before Speaker, I thank the gentleman for George Bush’s Supreme Court made the House considered the minimum yielding, and I thank him for his out- this awful decision on this case, and wage legislation, I was told by the pan- standing work on this issue and many now what we’re trying to do today is el’s Chair that the Democrat leadership others. I rise in strong support of the fix it. We thought, quite frankly, that had already decided the rule would be rule for H.R. 2831. reasonable judges, rational judges, closed. Again, this was announced be- In the Ledbetter case, the Supreme would interpret the law accordingly fore I had even testified before the Court has outdone itself. Against rea- and believe that the discrimination committee on my substitute for that son, against logic, against fairness, against women who were being paid bill. they ruled that women must file their less than men was, in fact, wrong. And There was also an occasion several claim a scant 180 days from the date on so here we are today to try to fix this months later, prior to consideration of which their salary first became un- mess. student aid legislation through the equal. In a world where most workers Mr. Speaker, I yield 2 minutes to the budget reconciliation process, when the do not know what their colleagues are gentleman from Tennessee (Mr. Rules Committee announced the bill’s earning, the 180-day rule is an insur- COHEN). amendment filing deadline would fall mountable barrier with terrible con- Mr. COHEN. Mr. Speaker, it’s my during the Independence Day district sequences. Miss the deadline and you’re privilege and honor to speak on behalf work period. In other words, this dead- stuck with discrimination for the rest of this bill. line fell when Members were absent of your career. The New York Times and many of and staff was scattered, making What’s more, since raises are often the other leading publications of this amendments extremely difficult to file. based on a percentage of pay, small dif- country has said this is something that So last Thursday and Friday’s ferences magnify over time. Under the this Congress needs to do to correct an ‘‘emergency’’ was hardly surprising, Supreme Court’s twisted reasoning, inequity, a wrong. When there’s a yet still very disappointing. It rendered employees cannot contest this growing wrong in law, there’s always a right; nearly 400 Members of this House, disparity if they don’t protest at the and when it’s not one that the courts meaning those who do not sit on the beginning. have righted, it’s the duty of the legis- Education and Labor Committee, pow- This bill restores reason, logic and lative body to right it if it’s something erless to change or even consider a fairness to the process. Every unequal that’s in the public good. change to this bill. And by doing so, paycheck ought to be recognized for Indeed, when there’s discrimination the Democrat leadership of the Rules what it is, a new act of discrimination. in the workplace in pay and disparity, Committee, and yes the Democrat I urge my colleagues to support this as there has been for years with leadership of the Education and Labor rule and to support the fair underlying women, for years we’ve known 69 cents Committee and the House, has done a bill. I congratulate the Democratic is what a woman earns for every dollar, disservice to this institution and to the leadership for coming forward with it, and when women are discriminated voters who sent us here. and I urge my colleagues to vote for against doing the same job as a male, That’s because the measure before us this rule. it’s wrong and it needs to be changed. is not a minor tweak of labor law Mr. DREIER. Mr. Speaker, may I in- And so I think this legislation is ap- meant to reverse a single Supreme quire of my colleague how many speak- propriately brought before us to cor- Court decision. Rather, it guts the ers he has remaining on his side. rect a wrong when the courts didn’t, statute of limitations and Equal Em- Mr. MCGOVERN. I have the gentle- and I’m pleased to speak on behalf of ployment Opportunity Commission woman from California (Ms. ZOE it. I will be pleased to vote for it, and charging requirements contained in LOFGREN) and then myself. I am thankful that Mr. MILLER and Mr. current law. And it effectively would Mr. DREIER. I have just one more MCGOVERN brought this and thank allow an employee to bring a claim speaker, and actually with that, then them for bringing it to the House of against an employer decades after an I’ll just plan to wrap up. Representatives. alleged initial act of discrimination oc- Mr. MCGOVERN. Mr. Speaker, I yield Mr. DREIER. Mr. Speaker, I’m very curred. Such a wholesale change should 1 minute to the gentlewoman from happy to yield 3 minutes to my very be made only after close, appropriate California (Ms. ZOE LOFGREN). good friend from Santa Clarita, Cali- and deliberative examination. Ms. ZOE LOFGREN of California. Mr. fornia, the former chairman, the dis- But H.R. 2831 has been exposed to Speaker, I urge adoption of this enor- tinguished ranking minority member none of that. Rather, it was poorly mously important amendment.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.162 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8911 Others have spoken eloquently about We, for literally months, have been us, particularly in the leadership in the the need for women to have equal saying that we need to take the very House, Democrat and Republican, as rights in their paychecks, but this is a antiquated, 1978, Foreign Intelligence well as members of the Intelligence right that extends far beyond female Surveillance Act and have a chance, Committee, Democrat and Republican, Americans. It extends to families, be- have a chance to improve and update are aware of the continuing intel- cause in this day and age we all know that so that we could bring that three- ligence gap that is putting us at risk in that working families require the in- decade old legislation into the 21st cen- ways that we don’t even know about. comes not just of the husband but also tury with the tremendous techno- But I am aware of specific cases of the wife, Dad and Mom together, and logical changes that have taken place. where American lives have been put at if Mom’s salary is decreased unfairly We have been imploring Members of risk. and illegally, that hurts everybody in this House to move legislation so that Mr. DREIER. Mr. Speaker, in light of that family. those who are in the intelligence field, that, it is absolutely imperative that So I urge my colleagues to support the Central Intelligence Agency, the we defeat the previous question on this this measure, not just for the women of Director of National Intelligence, the rule so that we will have an oppor- America but for the men and women Secretary of Homeland Security, will tunity to deal with this horror that and families of America. simply have the opportunity, have the will allow us to have a chance to save I thank the gentleman for yielding. opportunity to monitor foreigners on American lives, as the gentlewoman foreign soil without going through the has just said. b 1900 long process of seeking a court order to I urge my colleagues to vote ‘‘no’’ on Mr. DREIER. Mr. Speaker, I yield not, not in any way, engage on the the previous question. myself such time as I may consume. monitoring of telephone conversations Mr. MCGOVERN. Mr. Speaker, let me I would like to begin by saying that, of Americans, but of terrorists on for- just say that I think it’s inconceivable obviously, we feel very strongly about eign soil who want to kill us. that any Member in this Chamber can the issue of discrimination, and we feel Mr. Speaker, since my colleague stand up and say that they are against that cases like this need to be ad- from Albuquerque has authored legisla- discrimination and that they are dedi- dressed in the future. tion, we will seek, if we can get our cated to equal pay for equal work and I am going to be exchanging, engag- colleagues to vote against the previous vote against the underlying bill. ing in a colloquy with my friend from question, to make this critically im- My friends on the other side of the Albuquerque. I was just talking with portant legislation in order, rather aisle have talked about how committed her about the rule and the underlying than waiting until, rather than waiting they are to this issue of equal rights; legislation. She said to me, as we get until after the August recess. yet when they controlled this Con- ready to talk about our quest to ad- Tragically, we have just gotten news gress, I don’t recall a single equal pay dress the previous question issue, that that the scheduled briefing for the In- for equal work bill being brought to she wanted to offer some thoughts. telligence Committee that was to be this floor. And so I would like to at this mo- provided at 10 o’clock tomorrow morn- My friends say that this is an issue ment yield such time as she may con- ing by the Director of National Intel- they feel strongly about, yet I don’t re- sume to my colleague from Albu- ligence has just been postponed until call hearing a single voice on the other querque for some remarks. after the August recess, more than a side of the aisle complain when George Mrs. WILSON of New Mexico. Mr. month from now. I believe that we Bush’s Solicitor General argued Speaker, I was listening to this debate have created some very serious prob- against Lilly Ledbetter. My friends say and my colleagues. I am a big believer lems here. this is an important issue to them, yet Mr. Speaker, I yield further to my in equal pay for equal work, particu- I don’t recall anybody on their side of larly when it comes to women, because colleague for some remarks on this. Mrs. WILSON of New Mexico. If the the aisle standing up and decrying the that determines what I get in my pack- previous question is defeated, we will Supreme Court when they came down et at the end of the week. bring to the floor immediately a bill to with this awful decision against Lilly But I have to say, I don’t like this update the Foreign Intelligence Sur- Ledbetter. bill. The reason is, I am sitting here veillance Act. Director McConnell, the Today’s debate has been about jus- thinking, if you can go back 20 years Director for National Intelligence, put tice and fairness. It is hard to believe and say I was discriminated against 20 it very simply in a letter last week. He this is even an issue that needs to be years ago, we are talking about my said, ‘‘Simply put, in a significant debated. No one argues that Lilly first job out of college, and how that number of cases, we are in a position of Ledbetter was denied equal pay for may have been, or I am a former small having to obtain court orders to effec- equal work. No one argues against the business owner as well. There are folks tively collect foreign intelligence fact that women in this country still that I probably don’t even remember about foreign targets located over- only earn 77 cents for every dollar employing who could come back and seas.’’ earned by men. start suing me for what I did in small We are tying ourselves up in red tape No one will refute the fact that, un- business 20 years ago. I just don’t think here at home not using our intelligence fortunately, discrimination in the that’s the right way to solve the prob- capabilities to protect our country. workplace towards too many Ameri- lem. This is an urgent issue. He has de- cans is still rampant. But today we can I am strongly for equal pay for equal scribed an intelligence gap that is send a message that this unfairness in work and have fought for it and have tying our hands. the workplace is unacceptable and will given it to employees. I just don’t If the previous question is defeated, I no longer be tolerated. think this is the way to do it, by retro- will offer immediate legislation to Those who discriminated against actively allowing people to sue. close this intelligence gap. Lilly Ledbetter were wrong, and they Mr. DREIER. Reclaiming my time, I Mr. DREIER. Reclaiming my time, I deserve to be fired. Because of the in- would like to actually say that clearly would like to ask my colleague a cou- sult she suffered, Ms. Ledbetter de- the gentleman from Santa Clarita (Mr. ple of questions on this. She is so ex- served compensation. MCKEON) is going to be about talking pert, as a member of the committee, What’s amazing is that the Supreme about this issue, assuming we do move having worked long and hard on this. Court doesn’t deny this. They recog- to the bill. I would like to ask if she is aware of nize the problem, yet a bare majority, But I will say that we are going to, as any cases where American lives are al- for some reason, decided that justice we did in the case of the last bill, seek ready at risk because of the fact that was not to be granted. Justice Gins- to defeat the previous question so that we don’t have the ability to monitor, burg, in her dissent, stated that the we will have a chance to deal with an in foreign countries foreigners who are opinion did not, and I quote, ‘‘com- issue that is critically important, criti- engaging in these kinds of conversa- prehend, or was indifferent, to the in- cally important to the security of the tions. sidious way in which women can be vic- United States of America and our al- Mrs. WILSON of New Mexico. I am tims of pay discrimination.’’ Justice lies. aware of specific cases, I think all of Ginsburg also made clear that now it

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.163 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8912 CONGRESSIONAL RECORD — HOUSE July 30, 2007 was up to Congress to act. Today we as the ‘First Morrill Act’) (7 U.S.C. 303 et will lift that restriction within the shall. seq.), the State of Idaho may— Idaho Admissions Bill and will leave It does not matter if you suffer pay ‘‘(1) invest and manage earnings and pro- the Morrill Act untouched, making it discrimination on the basis of race, ceeds derived from land granted to the State Idaho specific. of Idaho pursuant to subsection (a), in ac- sex, color, religion, national origin, cordance with the standards applicable to a Governor Otter and the Idaho Legis- disability or age. It is wrong. If it hap- trustee under Idaho law; lature have approved a $10 million ap- pens, there must be a system in place ‘‘(2) deduct from earnings and proceeds propriation for the center, contingent to ensure that justice is accomplished. generated from granted land any expenses upon the passage of H.R. 3006, and addi- As Lilly Ledbetter said, and I quote, that a trustee is authorized to deduct pursu- tional funding is being raised by the ‘‘I wish my story had a happy ending ant to Idaho law; and Idaho dairy community. . . . I hope . . . that what happened to ‘‘(3) use earnings and proceeds generated Madam Speaker, I reserve the bal- me does not happen to other people by the granted land for any uses and pur- ance of my time. poses described in that Act (7 U.S.C. 301 et who suffered discrimination like I did.’’ seq.) without regard to the limitations set Mr. GOODLATTE. Madam Speaker, I Let’s fulfill Lilly Ledbetter’s hope out in section 5 of that Act (7 U.S.C. 305) that rise in support of this legislation and today and ensure that what happened prohibit the State from exceeding 10 per cen- yield myself such time as I may con- to her never, ever happens to another tum on the purchase of land and prohibit the sume. worker in this great country. State from purchasing, erecting, preserving, H.R. 3006 is a simple amendment to I urge a ‘‘yes’’ vote on the previous or repairing of any building or buildings.’’. the act granting statehood to Idaho. question and on the rule. (b) EFFECTIVE DATE.—The amendments The legislation will allow Idaho addi- I yield back the balance of my time, made by subsection (a) shall take effect on tional flexibility to invest and manage October 27, 1998. and I move the previous question on earnings from the land grant provided the resolution. The SPEAKER pro tempore (Ms. under the first Morrill Act. The SPEAKER pro tempore. The ROYBAL-ALLARD). Pursuant to the rule, The purpose of the Morrill Act of 1862 question is on ordering the previous the gentlewoman from South Dakota was to provide an amount of public question. (Ms. HERSETH SANDLIN) and the gen- land to be apportioned to each State, The question was taken; and the tleman from Virginia (Mr. GOODLATTE) the proceeds of which were to be used Speaker pro tempore announced that each will control 20 minutes. to establish a college of agriculture. the ayes appeared to have it. The Chair recognizes the gentle- The Morrill Act is the foundation of Mr. DREIER. Mr. Speaker, on that I woman from South Dakota. our land grant college system and one demand the yeas and nays. Ms. HERSETH SANDLIN. Madam we can continue to build upon with The yeas and nays were ordered. Speaker, I yield myself such time as I each farm bill. The SPEAKER pro tempore. Pursu- may consume. The purpose of H.R. 3006 is to provide ant to clause 8 of rule XX, further pro- Madam Speaker, I rise in support of additional flexibility to Idaho in how it ceedings on this question will be post- H.R. 3006, a bill introduced by Con- manages funds derived from the origi- poned. gressman SIMPSON of Idaho and cospon- nal land grant. Specifically, this legis- sored by Congressman SALI, also of lation would waive statutory limita- f Idaho, that addresses an Idaho-specific tions related to facility procurement REPORT ON H.R. 3222, DEPART- problem. and maintenance. This, in turn, will MENT OF DEFENSE APPROPRIA- The University of Idaho would like to allow Idaho to construct a research fa- TIONS ACT, 2008 construct a Center for Livestock and cility addressing environmental con- Environmental Studies to research en- cerns facing the dairy industry. Mr. MURTHA, from the Committee vironmental issues facing the dairy in- on Appropriations, submitted a privi- As stated previously, this is simple dustry in central Idaho, but current legislation for which I know of no op- leged report (Rept. No. 110–279) on the law prevents the university from using bill (H.R. 3222) making appropriations position. proceeds from endowed lands toward I am told that any concerns the U.S. for the Department of Defense for the funding for the center. fiscal year ending September 30, 2008, Department of Agriculture may have The dairy industry faces a number of have been subsequently addressed. I, and for other purposes, which was re- significant EPA regulation, animal ferred to the Union Calendar and or- therefore, urge all Members to support health and environmental issues, in- this legislation. dered to be printed. cluding nutrient management and odor The SPEAKER pro tempore. Pursu- Mr. PETERSON of Minnesota. Madam control. Idaho is now the fourth largest Speaker, I submit the following information for ant to clause 1, rule XXI, all points of milk-producing State, with 477,475 cows order are reserved on the bill. the RECORD on H.R. 3006: and 686 dairies in 2006. HOUSE OF REPRESENTATIVES, f To support the Idaho dairy industry COMMITTEE ON AGRICULTURE, and help address the challenges facing Washington, DC, July 27, 2007. IDAHO AGRICULTURAL COLLEGE it, the University of Idaho, in collabo- Hon. NICK J. RAHALL II, LAND GRANT ration with the College of Southern Chairman, Committee on Natural Resources, Ms. HERSETH SANDLIN. Madam Idaho, Idaho Dairymen, Kimberley Washington, DC. Speaker, I move to suspend the rules DEAR MR. CHAIRMAN: I ask your help in ARS/USDA and others, is seeking to scheduling H.R. 3006, a bill to improve the and pass the bill (H.R. 3006) to improve develop the Center for Livestock and use of a grant of a parcel of land to the State the use of a grant of a parcel of land to Environmental Studies in the Magic of Idaho, for consideration by the House of the State of Idaho for use as an agri- Valley area. The total cost of the cen- Representatives as soon as possible. cultural college, and for other pur- ter is projected to be $25-$35 million. H.R. 3006 was referred to the Committee on poses. The State of Idaho and the dairy indus- Agriculture and additionally to your Com- The Clerk read the title of the bill. try have been willing to put forward a mittee. The purpose of H.R. 3006 is to allow The text of the bill is as follows: large percentage of funding, and the the University of Idaho to construct a Center for Livestock and Environmental Studies to H.R. 3006 University of Idaho is responsible for research environmental issues facing the Be it enacted by the Senate and House of Rep- the remaining portion. dairy industry in central Idaho. resentatives of the United States of America in The university would like to use the In the interest of expediency, I ask that Congress assembled, proceeds from endowed lands granted you allow the Committee on Natural Re- SECTION 1. AGRICULTURAL COLLEGE LAND to the university by the Morrill Act. In sources to be discharged from further consid- GRANT. order to do this, the Idaho Admissions eration of the bill. This action would not be (a) IN GENERAL.—Section 10 of the Act of Bill must be amended. Currently, lands considered as precedent for any future refer- July 3, 1890 (26 Stat. 215, chapter 656) is granted to the University of Idaho rals of similar measures or seen as affecting amended— your Committee’s jurisdiction over the sub- (1) by inserting ‘‘(a)’’ after ‘‘SEC. 10.’’; and through the Morrill Act can be ex- ject matter of the bill. Moreover, if the bill (2) by adding at the end the following: changed and managed with the pro- is conferenced with the Senate, I would sup- ‘‘(b) Notwithstanding sections 3 through 5 ceeds going only to the operation of port naming Natural Resources Committee of the Act of July 2, 1862 (commonly known buildings, not construction. This bill members to the conference committee.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 9920 E:\CR\FM\K30JY7.165 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8913 I look forward to your response and would b 1915 and I am pleased to have the oppor- be pleased to include it and this letter in the tunity to offer this legislation. I also U.S. TROOP READINESS, VET- report on H.R. 3006. shared this problem with the leader- ERANS’ CARE, KATRINA RECOV- Sincerely, ship of the Appropriations Committee COLLIN C. PETERSON, ERY, AND IRAQ ACCOUNT- to ensure that this year’s Agriculture Chairman. ABILITY APPROPRIATIONS ACT appropriations bill contains language AMENDMENT to address this as well, and I am HOUSE OF REPRESENTATIVES, Ms. HERSETH SANDLIN. Madam pleased to report that it does. That COMMITTEE ON NATURAL RESOURCES, Speaker, I move to suspend the rules would be unnecessary, however, if we Washington, DC, July 27, 2007. and pass the Senate bill (S. 1716) to Hon. COLLIN C. PETERSON, can pass this stand-alone legislation Chairman, Committee on Agriculture, amend the U.S. Troop Readiness, Vet- and get it directly to the President. Washington, DC. erans’ Care, Katrina Recovery, and Doing so will solve this problem in Iraq Accountability Appropriations time to prevent any delays in deliv- DEAR MR. CHAIRMAN: Thank you for the op- portunity to review the text of H.R. 3006, a Act, 2007, to strike a requirement relat- ering much-needed assistance to Amer- bill to improve the use of a grant of a parcel ing to forage producers. ican producers. I urge my colleagues to of land to the State of Idaho. As you know, The Clerk read the title of the Senate support it. the Committee on Natural Resources was bill. Madam Speaker, I reserve the bal- granted an additional referral on this legis- The text of the Senate bill is as fol- ance of my time. lation due to provisions therein which fall lows: Mr. GOODLATTE. Madam Speaker, I under the Committee’s jurisdiction. S. 1716 yield myself such time as I may con- Because of the continued cooperation and Be it enacted by the Senate and House of Rep- sume. consideration that you have afforded me and resentatives of the United States of America in I rise today in support of the bill to my staff in developing these provisions, and Congress assembled, amend S. 1716, which previously passed knowing of your interest in expediting this SECTION 1. CONTRACT WAIVER. the other body and is now before the legislation, I will discharge H.R. 3006 from The U.S. Troop Readiness, Veterans’ Care, House. further consideration by the Committee on Katrina Recovery, and Iraq Accountability In May, Congress passed and the Natural Resources. Of course, this waiver is Appropriations Act, 2007 (Public Law 110–28; President signed U.S. Troop Readiness, not intended to prejudice any future jurisdic- 121 Stat. 112) is amended by striking section Veterans’ Care, Katrina Recovery, and tional claims over these provisions or simi- 9012. lar language. I also reserve the right to seek Iraq Accountability Appropriations to have conferees named from the Com- The SPEAKER pro tempore. Pursu- Act, 2007. This law included disaster as- mittee on Natural Resources on these provi- ant to the rule, the gentlewoman from sistance for crop and livestock pro- sions, and request your support if such a re- South Dakota (Ms. HERSETH SANDLIN) ducers for losses sustained between quest is made. and the gentleman from Virginia (Mr. January 1, 2005 and February 28, 2007. Please place this letter into the committee GOODLATTE) each will control 20 min- Producers were able to receive pay- report on H.R. 3006 and into the Congres- utes. ments for losses sustained in only one sional Record during consideration of the The Chair recognizes the gentle- of these years and were required to be measure on the House floor. woman from South Dakota. in a county that was declared a dis- Thank you for the cooperative spirit in Ms. HERSETH SANDLIN. Madam aster county in that same calendar which you have worked regarding this mat- Speaker, I yield myself such time as I year. This law also contained provi- ter and others between our respective com- may consume. sions found in section 9012 requiring mittees. I rise today in support of S. 1716, leg- that forage producers must have par- With warm regards, I am islation that would ensure that U.S. ticipated in a crop insurance pilot pro- Sincerely, livestock producers will be able to uti- gram or the Non-Insured Crop Disaster NICK J. RAHALL, II, lize the vital disaster assistance re- Assistance program during the crop Chairman. cently approved by this Congress. year for which compensation is re- ceived. Mr. GOODLATTE. Madam Speaker, I The effect of this bill is essentially As a result of section 9012, very few yield back the balance of my time. identical to an amendment last week livestock producers are eligible for the Ms. HERSETH SANDLIN. Madam by my colleague and friend from Okla- disaster relief passed by Congress be- Speaker, I yield back the balance of homa (Mr. LUCAS) to the Farm, Nutri- cause crop insurance is more widely my time. tion, and Bioenergy Act, which I sup- used in crop production than in live- ported and which was unanimously ac- stock production. The amendment be- The SPEAKER pro tempore. The cepted. question is on the motion offered by fore the House will strike section 9012 This legislation is critical to deliver to broaden the eligibility requirements the gentlewoman from South Dakota on the promise we made to American (Ms. HERSETH SANDLIN) that the House to allow more livestock producers that livestock producers just this past May. suffered loss to participate than were suspend the rules and pass the bill, After more than a year’s effort and de- H.R. 3006. allowed under the previously passed spite several veto threats from the disaster package. The amendment be- The question was taken; and (two- President, we were successful in pass- fore the House will not change direct thirds being in the affirmative) the ing much-needed disaster assistance spending because this amendment re- rules were suspended and the bill was through this Chamber and enacted into confirms the assumptions made when passed. law. Then, several months after the the Congressional Budget Office scored A motion to reconsider was laid on bill’s passage, the Secretary of Agri- the original bill. the table. culture determined that a certain I believe section 9012 establishes an phrase in the bill effectively denies aid appropriate incentive for producers to f to all livestock producers that didn’t manage their risk using the available participate in the Non-Insured Crop tools. However, it is not reasonable to Disaster Assistance program or a crop GENERAL LEAVE put this policy in place without warn- insurance pilot program for rangeland. ing. To tell producers in 2007 that they Ms. HERSETH SANDLIN. Madam I assure my colleagues that this was should have bought crop insurance in Speaker, I ask unanimous consent that not the intention of this Congress and, 2005 to get assistance for losses in- all Members may have 5 legislative regardless of the accuracy of USDA’s curred in 2005 is not fair. Livestock days with which to revise and extend legal interpretation, we need legisla- producers should know, however, that their remarks on the bill just adopted. tive action to fix it. This bill simply in the future, crop insurance or partici- strikes the one sentence in the disaster pation in similar risk-management The SPEAKER pro tempore. Is there bill that is causing the problem. programs will likely be required to objection to the request of the gentle- I appreciate the leadership of the Ag- qualify for future disaster assistance. woman from South Dakota? riculture Committee in working with I commend the gentlewoman from There was no objection. me to find a solution to this problem, South Dakota and others who have

VerDate Aug 31 2005 02:39 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.181 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8914 CONGRESSIONAL RECORD — HOUSE July 30, 2007 worked for this legislation. I support ria) and is otherwise eligible under sub- unfortunately be rather long. Cur- the bill to amend S. 1716 and urge its section (c) of such section, if the alien— rently, 85 percent of Liberians are un- adoption. (1) was granted such status under the des- employed. The country is suffering Madam Speaker, I yield back the bal- ignation of Liberia that is effective until Oc- from severe shortages in electricity tober 1, 2007 (71 Fed. Reg. 55000); ance of my time. (2) applied for such status under such des- and running water. As for medical care, Ms. HERSETH SANDLIN. Madam ignation, and such application is still pend- Liberia has only 26, yes, that is only 26, Speaker, I want to thank the distin- ing; or physicians who must serve a popu- guished ranking member of the full (3) is eligible for late initial registration lation of 3.4 million people. Committee on Agriculture, Mr. GOOD- under section 244(c) of such Act and the regu- Recognizing her country’s fragile LATTE, for his support of this bill. We lations implementing such section. state, President Johnson-Sirleaf has have Senate colleagues who we have (c) REQUIREMENTS.—Not later than 60 days acknowledged that Liberia is unable to after the date of the enactment of this Act, accept and absorb the 3,600 Liberian served with here in this body pre- the Secretary of Homeland Security shall viously who have already been working publish in the Federal Register procedures nationals currently residing in the U.S. hard on this legislation. I am pleased for aliens to register for temporary protected under TPS. I am sure we all recall that we have bipartisan agreement on status under the extension made by this Act, President Johnson-Sirleaf’s visit and our intention in providing this disaster and to apply for any applicable work author- address to this body and our interest in assistance and certainly acknowledge ization or extension of work authorization. making sure that she succeeds in and agree with the gentleman from Such registration period shall be not less bringing peace and democracy to her Virginia’s statements as it relates to than 60 days long. country. Accordingly, we are deeply (d) EXTENSION OF CURRENT WORK AUTHOR- concerned about the consequences that future disaster assistance and the im- IZATIONS.—Notwithstanding any other provi- portance of further developing the pilot sion of law, any work authorization provided could result if thousands of Liberians project programs for livestock pro- under section 244 of the Immigration and Na- in the United States are forced to re- ducers to have adequate coverage for tionality Act pursuant to the designation of turn to their homeland before it is their losses. Liberia that is effective until October 1, 2007, ready and able to accept them. I yield back the balance of my time. is extended until not earlier than April 1, For these reasons, I ask that you join The SPEAKER pro tempore. The 2008. me in supporting H.R. 3123, which sim- question is on the motion offered by The SPEAKER pro tempore. Pursu- ply extends this protection status for 1 the gentlewoman from South Dakota ant to the rule, the gentlewoman from year. I should also note that this bipar- (Ms. HERSETH SANDLIN) that the House California (Ms. ZOE LOFGREN) and the tisan measure is supported by Presi- suspend the rules and pass the Senate gentleman from Utah (Mr. CANNON) dent Johnson-Sirleaf and the Liberian bill, S. 1716. each will control 20 minutes. Government. The question was taken; and (two- The Chair recognizes the gentle- I would also like to extend a special thirds being in the affirmative) the woman from California. thanks to Republican Whip ROY BLUNT rules were suspended and the Senate GENERAL LEAVE who, in talking to Democratic Whip bill was passed. Ms. ZOE LOFGREN of California. JIM CLYBURN last week, agreed that we A motion to reconsider was laid on Madam Speaker, I ask unanimous con- should proceed in this manner. Mr. the table. sent that all Members may have 5 leg- BLUNT is a cosponsor of this bipartisan f islative days to revise and extend their bill, along with the prime sponsors, remarks and include extraneous mate- Representatives KENNEDY and JIM GENERAL LEAVE rial on the bill under consideration. RAMSTAD, Representatives PENCE and Ms. HERSETH SANDLIN. Madam The SPEAKER pro tempore. Is there TIBERI, myself, Mr. LANGEVIN, Mr. Speaker, I ask unanimous consent that objection to the request of the gentle- DIAZ-BALART, Mr. MCCOTTER, TIM all Members may have 5 legislative woman from California? WALBERG, JOHN CONYERS, Ms. JACKSON- days within which to revise and extend There was no objection. LEE, and Representative WYNN. So this their remarks on the bill just adopted. Ms. ZOE LOFGREN of California. is a thoroughly bipartisan bill, and I The SPEAKER pro tempore. Is there Madam Speaker, I yield myself such would urge my colleagues to support it. objection to the request of the gentle- time as I may consume. I reserve the balance of my time. woman from South Dakota? H.R. 3123 extends Liberia’s current Mr. CANNON. Madam Speaker, I There was no objection. temporary protected status designa- yield myself such time as I may con- f tion, which is due to expire on Sep- sume. tember 30 of this year, for 1 year. Congress has granted the Secretary LIBERIA DESIGNATION EXTENSION As many of us know, Liberia was of Homeland Security the authority to Ms. ZOE LOFGREN of California. founded by former American slaves grant temporary refuge to aliens from Madam Speaker, I move to suspend the with the help of our government. Since particular countries under temporary rules and pass the bill (H.R. 3123) to ex- 1989, however, the country has been protected status. If there is an ongoing tend the designation of Liberia under ravaged by two brutal civil wars which armed conflict in the country and the section 244 of the Immigration and Na- have displaced hundreds of thousands return of nationals would pose a seri- tionality Act so that Liberians can of people and destroyed Liberia’s econ- ous threat to their security, if there continue to be eligible for temporary omy and infrastructure. has been a natural disaster in the coun- protected status under that section. In recognition of these intolerable try resulting in a substantial but tem- The Clerk read the title of the bill. conditions, the United States for the porary disruption of living conditions, The text of the bill is as follows: past 16 years has accorded special pro- or if there exists extraordinary tem- H.R. 3123 tection status to prevent approxi- porary conditions in their country that Be it enacted by the Senate and House of Rep- mately 3,600 Liberians residing in our prevent aliens from returning in safe- resentatives of the United States of America in Nation under temporary protected sta- ty, the Secretary can grant TPS status Congress assembled, tus from having to be returned to their to the nationals for as long as 18 SECTION 1. EXTENSION OF DESIGNATION. homeland in the midst of those wars. months. He can later extend the TPS (a) IN GENERAL.—The designation of Libe- Recently, the Department of Homeland period for additional periods of as long ria under section 244(b)(1) of the Immigration Security has determined to terminate as 18 months. and Nationality Act (8 U.S.C. 1254a(b)(1)) is these temporary protections in light of Nationals of Liberia have been grant- extended through September 30, 2008. the fact that Liberia’s civil wars have ed TPS because of civil unrest in Libe- (b) APPLICABILITY.—Subsection (a) shall be finally ended and in anticipation of the ria; however, that status expires on Oc- applied so as to render eligible for temporary political stability that Ellen Johnson- tober 1 of this year. This legislation protected status and work authorization, in accordance with subsections (a), (e) and (f) of Sirleaf, its newly elected President, would direct the Secretary to extend section 244 of such Act (8 U.S.C. 1254a), an will bring. TPS to nationals of Liberia through alien who is a national of Liberia (or in the While there is no question that Presi- September 30, 2008. I support this legis- case of an alien having no nationality, is a dent Johnson-Sirleaf has put Liberia lation. person who last habitually resided in Libe- on the road to recovery, that road will I reserve the balance of my time.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.170 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8915 Ms. ZOE LOFGREN of California. I back and their children are Americans, who have legally come to America, yield 4 minutes to the gentleman from what happens? They go back to a coun- many over 15 years ago, established ca- Rhode Island (Mr. KENNEDY), the prime try where 85 percent of the country is reers, bought homes, raised American- author of the legislation. unemployed, where there’s little run- born children and become valued mem- Mr. KENNEDY. I thank the gentle- ning water, little electricity. Can you bers of their communities. woman from California, and I want to imagine what we’d do to that country? One of the unintended consequences commend her for her support. It’s barely on its feet right now. What of the temporary protective status is it Madam Speaker, I am proud to lead a do we do? We do not stabilize the coun- did not foresee that civil wars would bipartisan coalition of Members from try that’s getting on its feet. I think continue many years, leaving refugees both sides of the aisle that support the we further destabilize it. in America stuck in a state of flux. cause of Liberia, and I want to thank Further, I think the best policy for The United States Government must and extend my gratitude to them and us to help stand up to Liberia is to help allow these law-abiding, hardworking to all parties for bringing this bill to and give them the remittances that Liberian refugees the chance to not the floor today. Americans here in this country, the Li- only continue contributing to Amer- Minority Leader and Whip BLUNT, berian Americans here send back every ican society as they do, but also to Congressman MIKE PENCE, Congress- year to Liberia. And that, I think, is a continue playing a pivotal role in fur- man TIM WALBERG, and my good friend good policy for this country. thering Liberia’s recovery from years from Minnesota, JIM RAMSTAD, have For all of these reasons, not the least of strife and turmoil. come together because we all believe in of which is Ciehanna Stevens. She is This is the right thing to do. It’s an the Liberian-American community. married to an Iraqi war veteran hero opportunity that we have. It’s an op- I would also like to recognize Con- who’s on his fourth tour of duty. He’s a portunity for resources to a foreign gressman KEITH ELLISON, a true cham- citizen of this country. He’s a Liberian country that is a friend of ours that pion of the Liberian-Americans, for his American, fourth tour of duty serving costs us very little because they, the steadfast support and dedication to his country. She will be deported. refugees, are the ones primarily giving this cause, as well as to Chairman CON- Imagine, the wife of an Iraqi war hero back. YERS and again to Chairwoman on his fourth tour of duty to be de- And so I ask, Madam Speaker, that LOFGREN on the Judiciary Committee ported. That, to me, is an outrage. We we, as a Congress, roll up our sleeves in for her strong leadership on this issue. need to pass this bill for all the Libe- this way and support this legislation to Madam Speaker, as you can hear rian Americans who contributed to our give one simple year to remain for this from this debate, this is an issue where country. country to move ahead. we have had a country that has had a Mr. CANNON. Madam Speaker, I’d Ms. ZOE LOFGREN of California. unique history with our Nation. It is a like to yield 3 minutes to the gen- Madam Speaker, at this time I yield 4 country that was founded by former tleman from Michigan (Mr. WALBERG). minutes to one of the co-authors of the American slaves. It was a country that Mr. WALBERG. Madam Speaker, I bill, the gentleman from Maryland (Mr. was established by this country for rise today in strong support of H.R. WYNN). those liberated American slaves; and it 3123, legislation that would extend by 1 Mr. WYNN. Madam Speaker, let me was a country whose refugees came year temporary protective status for begin by thanking my colleague, Pat- back here because of a war that was in all Liberian refugees living in the rick Kennedy, for his leadership on this part fueled by American guns, where United States. issue. we supported former General Taylor I also count it a privilege that this is I rise today in strong support of H.R. and General Doe. a bipartisan piece of legislation. I ap- 3123, the bill which I have cosponsored So it is a tragedy that was exacer- preciate the efforts of Congressman which would extend the ability of Libe- bated because America supported a KENNEDY and others in working on rians living in the United States to civil war that cost the descendents of something that is the right thing to do. maintain their temporary protective those American slaves their lives. Currently, all Liberian refugees liv- status designation allowing them to le- There was torture and killing that ing in the United States under tem- gally remain in the United States, forced those former American slaves’ porary protective status have until Oc- which has become home for many of descendents to have to come back to tober of this year, and then they’ll be these Liberians displaced by conflict the United States. forced to return to Liberia. and civil war in their native country. Now they are here. They have made As someone who had the privilege, Founded by freed American slaves, their own lives here. And the thought and I say that sincerely, of helping a with a flag and a Constitution based on that we would have to force them to go Liberian refugee start a brand new life our own, Liberia has always had a spe- back instead of them making their own in America, living in my home, forcing cial relationship with the United decision as to when to go back. I rep- these Liberians out of our country is States. In fact, I used to live in a little resent a large community of over 17,000 the wrong policy. community in Warren County, North Liberian-Americans. They want to go Liberia has been torn apart by two Carolina, called Liberia. back to Liberia, but they want to make long civil wars over the past 2 decades, But Liberia has had a troubled his- the decision as to when they go back. and while civil war finally ceased in tory in the past few decades. From 1989 They don’t want to have to be forced to 2003, Liberia is still years from devel- to 1997, civil war in Liberia has claimed go back on October 1 because we are oping the infrastructure needed for Li- the lives of almost 150,000 people and forcing them. They have made their berian refugees to return. displaced 850,000 more. lives here. They contribute heavily to Liberia’s path remains very difficult. In August of 2003, the U.N. Security our community. With an unemployment rate of 85 per- Council established a U.N. peace- In fact, I have spoken this afternoon cent, shortages of running water and, keeping mission of up to 15,000 soldiers. to several of my constituents. One according to the United Nations, a Although peace has allegedly been re- woman, Ms. Harris, has never missed a mere 26 physicians practicing medicine stored, these 15,000 troops are still in day of work in the 20 years she has in a country of 3.4 million people, Libe- Liberia today. been here in this country; another fam- ria cannot absorb the estimated 3,600 Based on the election of Ellen ily, the Dennises, who have been here; Liberians who would be required to re- Sirleaf-Johnson in 2005, the Depart- Mr. and Mrs. Akowala. He has two de- turn. ment of Homeland Security decided grees in engineering and Mrs. Akowala Some of the estimated 3,600 Liberian that conditions in Liberia were such is a registered nurse. refugees who are here legally in the that temporary protective status for United States came to our country Liberians currently living in the b 1930 when civil war broke out in Liberia in United States should end. Both degrees are very important in 1991, and they’re now raising children This is illogical. Many of the roughly this country. Both of whom contribute born in America. 3,500 Liberians in the United States heavily to our economy. Their children This legislation addresses an urgent today on temporary protective status were born here. But if they were forced situation faced by Liberian refugees have been living in the United States

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.172 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8916 CONGRESSIONAL RECORD — HOUSE July 30, 2007 since 1991, over 15 years. They own of political persecution and fled be- fore registering for TPS, or to any other status homes, pay taxes and are pillars of the cause of the atrocities that they would they may have acquired while registered for community. experience. Temporary Protection Status. Accordingly, if This Saturday I sat with a gentleman This is a temporary protective status an individual did not have lawful immigration who had a 13-year-old daughter. He of individuals who have been in this status at the time of receiving TPS benefits, said, she’s never been to Liberia. She country working, paying taxes, and and did not obtain any other status during the only knows America as her home. raising their children. We’ve experi- TPS designation period, he or she will revert Many of their children are like this. enced this over the years of the past to being without lawful status. Such individuals They’ve never known any home other administration, looking to try to find are expected to depart the United States on or than the United States. some way to provide permanent status before October 1, 2007. Those who do not That alone would be good reason to for these refugees who have fled perse- comply with this requirement may be subject grant this extension. But the fact is cution. We have not done that yet. to removal. that Liberia still has 15,000 U.N. peace- However, this is a very good step to The Liberian people living in our country de- keepers stationed there. Less than 2 recognize their contributions to the serve better treatment and protection than the weeks ago, Liberia’s former House United States. current Immigration and Nationality Act can af- Speaker and a former top military I hope that my colleagues, in reflec- ford. Congress needs to permit the extension commander were charged with treason tion of the atrocities that Liberia expe- of section 244 which enables the people to re- for attempting to overthrow the Libe- rienced, will recognize that there is a register for temporary protection status and rian Government in an alleged coup. very, very difficult pathway for them work authorization. The Sirleaf-Johnson administration to return back to Liberia. Let us give the Liberian people the respect is performing admirably in rebuilding I do, however, want to applaud the and protection they need by supporting H.R. Liberia’s crippled economy. But there leadership of the new president of Libe- 3123. are no jobs or homes for returning Li- ria and to recognize the work that she Ms. ZOE LOFGREN of California. berians. has done. But she, too, has admitted Madam Speaker, if we allow the tem- Many in the Capitol city of Monrovia that they are making steps, step by porary protective status for Liberia to lack running water or access to elec- step, and the importance of providing expire this September, more than 3,000 tricity, and waterborne illnesses like the sanctity and safety of the individ- Liberians living in the United States hepatitis A and typhoid fever are com- uals here in the United States is cru- will be forced to immediately return to mon. cial. a country that lacks housing, jobs, Eighty percent of Liberians are un- I rise to support H.R. 3123, and would health care, education, and other nec- employed. The Liberian Government ask my colleagues to support it. essary services. Such a result would be has pleaded for an extension of tem- And again, I salute the Liberian com- inhumane to these men and women, porary protective status, saying it is munity for the suffering but yet the but it would also be destabilizing to not ready to accept the return of these contributions they’ve made to the their country, a country that we want Liberians. United States. to support in their efforts to achieve Unless we pass this bill, we’ll make Madam Speaker, I am honored to rise in peace and a democracy. illegal immigrants of those respon- support of H.R. 3123, which addresses the So I urge my colleagues to please sible, hardworking, taxpaying Libe- plight of displaced Liberian nationals, a group join in supporting passage of this im- rians that fled violence and war in Li- of people that is of great regional and global portant legislation. beria to seek peace and safety in the importance. H.R. 3123 recognizes the impor- Mr. LANGEVIN. Madam Speaker, I rise United States. tance of extending the designation of Liberia today in support of H.R. 3123, which would I urge my colleagues to join me in under section 244 of the Immigration and Na- allow Liberians living in the United States to supporting this excellent bipartisan tionality Act. I thank the gentleman from be eligible for a 1-year extension of their tem- bill supporting an extension of tem- Rhode Island, Mr. KENNEDY, for excellent work porary protected status. This measure, intro- porary protective status for these Libe- in bringing this legislation forward. duced by my colleague from Rhode Island, rians. H.R. 3123 extends the designation of Libe- Representative KENNEDY, will give Liberian ref- I urge my colleagues’ support for this rian refuges under section 244(b)(1) of the Im- ugees in our State an opportunity to plan their measure. migration and Nationality Act through Sep- return home instead of being forced back be- Mr. CANNON. Madam Speaker, I tember 30, 2008 and expands the designation fore they are ready. have no further speakers, and I yield of Liberia under the Immigration and Nation- For many years, Liberians were ruled by the back. ality Act as a country whose nationals are eli- cruel hands of dictators, including Samuel Doe Ms. ZOE LOFGREN of California. gible for temporary protected status and work and Charles Taylor. They controlled their Madam Speaker, I yield 2 minutes now authorization in the United States. In addition, country by fear and violence, which provoked to a cosponsor of the legislation, the H.R. 3123 sets forth eligibility requirements for the United States Government in 1991 to seek gentlelady from Texas (Ms. JACKSON- Liberian nationals or persons having no na- temporary protected status for Liberian nation- LEE). tionality whose last habitual residence was Li- als who were in the U.S. Ms. JACKSON-LEE of Texas. Madam beria. Since Charles Taylor was forced out of of- Speaker, let me thank the gentlelady Madam Speaker, let us remember that from fice, Liberia has made progress in peace and from California (Ms. ZOE LOFGREN) for 1989 to 1996 the Liberian civil war claimed the democracy building efforts, and the election of her leadership on the Judiciary Com- lives of more than 200,000 Liberians and fur- President Ellen Johnson Sirleaf in 2005 has mittee as a member of the Judiciary ther displaced a million others into refugee brought stability to the region. President John- Committee and cosponsor of this legis- camps in neighboring and distant countries, in- son Sirleaf has made many efforts to improve lation. cluding our own. The United States and other relations with both the U.S. Government and Might I add my appreciation to Mr. countries have provided relief to Liberians. By Liberian communities across our country. KENNEDY for his leadership and the bi- supporting this bill we can show our affection However, Liberia’s security situation, while sta- partisanship of this bill. and commitment to people of Liberia. ble, is still fragile, and its economy and state I pay tribute also to the Liberian The United States has a historical connec- structures remain devastated by war. community in Houston, Texas, and ask tion to all Liberians, but we also have a moral In Rhode Island, our Liberian population has my colleagues to recognize the long responsibility to end the killings and mass dis- become part of the fabric of our community. history of suffering that Liberians ex- placement of innocent citizens. The termi- They work for local companies, they attend perienced under the presidency of nation of TPS designation of Liberia would our schools, and they enrich cities and towns. Charles Taylor. The horrific and hei- place many Liberians that fled to our country The majority of Liberians in our State wants to nous crimes, the mutilation of young for refuge at risk of being returned pre- return to their homeland, but they understand- children, the using of child soldiers all maturely. ably wish to first ensure the country’s safety speak to the importance and the Madam Speaker, the elimination of TPS and stability. In the meantime, they are learn- crucialness of extending the temporary designation means that on October 2, 2007, ing how to better serve their country by taking protective status for these who are former TPS beneficiaries will return to the advantage of opportunities offered to them in here in this country who fled because same immigration status they maintained be- the United States. They are an integral part of

VerDate Aug 31 2005 02:39 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 7634 Sfmt 9920 E:\CR\FM\K30JY7.174 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8917 our communities, and in return, we owe them According to a 2006 United Nations report, ‘‘THE GREAT PLAINS WILDLAND FIRE the chance to return when they are ready— Liberia is currently enduring an 85 percent un- PROTECTION AGREEMENT and without fear—to Liberia. employment rate and it continues to be one of ‘‘THIS AGREEMENT is entered into by Mr. ELLISON. Madam Speaker, I rise today the poorest countries in the world. Improve- and between the State, Provincial and Terri- in strong support of H.R. 3123, a bill that will ments to the country’s infrastructure following torial wildland fire protection agencies sig- extend temporary immigration status for Libe- natory hereto, hereinafter referred to as the war have come slowly, and it continues to ‘Members’. rian refugees here in the United States. Min- suffer from severe shortages in electricity and ‘‘FOR, AND IN CONSIDERATION OF the nesota is proud to be the home of over 1,000 running water. The country also lacks ade- following terms and conditions, the Members Liberian refugees, people who have became quate medical care, as a mere 26 physicians agree: our friends and neighbors. Forcing them to re- currently practice medicine for a population of ‘‘ARTICLE I turn now would be an injustice to not only the some 3.4 million people. ‘‘The purpose of this compact is to pro- Liberians themselves, but to everyone in Min- According to Liberian Government officials, mote effective prevention and control of for- nesota who has come to care for their welfare. their nation is not yet in a position to provide est fires in the Great Plains region of the The civil war that shook their county in the returnees with employment, housing, health United States by the maintenance of ade- early 1990s left 150,000 people dead and services, education services, and other nec- quate forest fire fighting services by the nearly a million others displaced. These 1,000 essary amenities and services. Due to these member states, and by providing for recip- refugees turned to America in their hour of and other issues, the Liberian Government rocal aid in fighting forest fires among the need, and Madam Speaker, I am proud to compacting states of the region, including has stated that the country cannot absorb and South Dakota, North Dakota, Wyoming, Col- serve in the Congress of a country that has provide for the estimated 3,600 Liberians who been willing to help these individuals in their orado, and any adjoining sate of a current would be required to return to their homeland. member state. time of greatest hardship. As an aside, Liberians in the U.S. also pro- It has been well over a decade since these ‘‘ARTICLE II vide financial assistance, including remittances ‘‘This compact is operative immediately as Liberian refugees sought Minnesota as a averaging about $6 million monthly, to the Li- home, and since then they have become up- to those states ratifying it if any two or berian economy. These transfers constitute a more of the member states have ratified it. standing citizens, an important part of the fab- vital source of financial assistance and eco- ric that makes up our communities and econo- ‘‘ARTICLE III nomic stability during the country’s still-nas- ‘‘In each state, the state forester or officer mies and neighborhoods. Madam Speaker, I cent period of recovery. strongly request that my colleagues join me in holding the equivalent position who is re- President Johnson Sirleaf stated during her sponsible for forest fire control may act as supporting H.R. 3121. address to Congress in March 2006: ‘‘For compact administrator for that state and Mr. JACKSON of Illinois. Madam Speaker, I those unable to come back home now, we may consult with like officials of the other rise in strong support of H.R. 3123 and want must appeal to you to grant them continuing member states and may implement coopera- to thank the gentleman from Rhode Island, my protection status, and residency where appro- tion between the states in forest fire preven- friend Congressman KENNEDY, for his leader- priate, to put them in a condition to contribute tion and control. The compact administra- ship and hard work on this issue. This bill pro- tors of the member states may organize to to their country’s reform and development.’’ vides support and assistance to our ally Libe- coordinate the services of the member states For these reasons, and in order to support ria, during a critical time in its social and eco- and provide administrative integration in Liberia as it emerges from two decades of dic- nomic reform and recovery. carrying out the purposes of this compact. Specifically, this bill extends until October 1, tatorship and civil war, I strongly support H.R. Each member state may formulate and put in effect a forest fire plan for that state. 2008, the designation of Liberians living in this 3123 and urge its passage. Ms. ZOE LOFGREN of California. country under Temporary Protected Status, ‘‘ARTICLE IV Madam Speaker, I yield back the bal- TPS. The Department of Homeland Security ‘‘If the state forest fire control agency of a ance of my time. estimates that only 3,600 Liberians are cur- member state requests aid from the state The SPEAKER pro tempore. The forest fire control agency of any other mem- rently eligible for TPS. Many of these Libe- question is on the motion offered by ber state in combating, controlling, or pre- rians have been in the U.S. for more than 16 the gentlewoman from California (Ms. venting forest fires, the state forest fire con- years, and all of them have been here for a ZOE LOFGREN) that the House suspend trol agency of that state may render all pos- minimum of 5 years. the rules and pass the bill, H.R. 3123. sible aid to the requesting agency, consonant TPS is a temporary immigration status with the maintenance of protection at home. granted to eligible nationals of designated The question was taken; and (two- thirds being in the affirmative) the ‘‘ARTICLE V countries. In 1990, as part of the Immigration ‘‘If the forces of any member state are ren- Act of 1990, Congress established a proce- rules were suspended and the bill was passed. dering outside aid pursuant to the request of dure by which the Attorney General, and now another member state under this compact, DHS, may provide TPS to people in the A motion to reconsider was laid on the employees of the state shall, under the United States who are temporarily unable to the table. direction of the officers of the state to which safely return to their home country because of f they are rendering aid, have the same powers (except the power of arrest), duties, rights, ongoing armed conflict, an environmental dis- GRANTING THE CONSENT AND AP- aster, or other extraordinary and temporary privileges, and immunities as comparable PROVAL OF CONGRESS TO AN employees of the state to which they are ren- conditions. During the period for which a coun- INTERSTATE FOREST FIRE PRO- dering aid. try has been designated for TPS, TPS bene- TECTION COMPACT ‘‘No member state or its officers or em- ficiaries may remain in the United States and Ms. ZOE LOFGREN of California. ployees rendering outside aid pursuant to may obtain work authorization. However, TPS this compact is liable on account of any act Madam Speaker, I move to suspend the does not lead to permanent resident status, or omission on the part of such forces while rules and pass the Senate bill (S. 975) and TPS holders are not illegal immigrants. so engaged, or on account of the mainte- Since 1989, Liberia has been ravaged by granting the consent and approval of nance or use of any equipment or supplies in two brutal civil wars, which have destabilized Congress to an interstate forest fire connection with rendering the outside aid. the region, displaced hundreds of thousands protection compact. ‘‘All liability, except as otherwise provided in this compact, that may arise either under of people, and destroyed the country’s econ- The Clerk read the title of the Senate bill. the laws of the requesting state or under the omy and infrastructure. In recognition of these laws of the aiding state or under the laws of conditions, the United States has protected The text of the Senate bill is as fol- lows: a third state on account of or in connection some 3,600 Liberians in the U.S. from having with a request for aid, shall be assumed and to return to Liberia. S. 975 borne by the requesting state. Recently, DHS has decided to terminate Be it enacted by the Senate and House of Rep- ‘‘Any member state rendering outside and these temporary protections in light of the fact resentatives of the United States of America in pursuant to this compact shall be reim- that Liberia’s civil wars have finally ended and Congress assembled, bursed by the member state receiving the aid in anticipation of the political stability that SECTION 1. CONSENT OF CONGRESS. for any loss or damage to, or expense in- curred in the operation of any equipment an- newly-elected President Ellen Johnson Sirleaf (a) IN GENERAL.—The consent and approval of Congress is given to an interstate forest swering a request for aid, and for the cost of will bring. However, while there is no question fire protection compact, as set out in sub- all materials, transportation, wages, sala- that President Johnson Sirleaf has put Liberia section (b). ries, and maintenance of employees and on the road to recovery, that road will unfortu- (b) COMPACT.—The compact reads substan- equipment incurred in connection with such nately be very long. tially as follows: request. However, nothing in this compact

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Is there ‘‘Each member state shall assure that handle alone. workers compensation benefits in con- objection to the request of the gentle- Those of us from Western States formity with the minimum legal require- woman from California? know all too well the menace to human ments of the state are available to all em- There was no objection. lives, property, wildlife, and the grand ployees and contract firefighters sent to a Ms. ZOE LOFGREN of California. natural beauty of our Nation that requesting state pursuant to this compact. Madam Speaker, I yield myself such these wildfires present every year. This ‘‘For the purposes of this compact the time as I may consume. compact would help those States fight term, employee, includes any volunteer or I rise in strong support of S. 975, the dangers without compromising any of auxiliary legally included within the forest bill that grants Congress’s consent and these States’ abilities to protect fire fighting forces of the aiding state under approval to an interstate forest fire against fires at home and without im- the laws of the aiding state. protection compact. This legislation ‘‘The compact administrators may formu- pinging on any Federal firefighting au- late procedures for claims and reimburse- serves as a critical tool toward pro- viding communities in South Dakota, thorities. ment under the provisions of this article, in To facilitate coordination with the accordance with the laws of the member Colorado and Wyoming with the nec- essary resources to fight wildfires. Federal authorities, this compact states. would allow representatives of the U.S. ‘‘ARTICLE VI State wildfire compacts allow States, subject to the consent of Congress, to Forest Service to participate as observ- ‘‘Ratification of this compact does not af- ers of the compact’s meetings. The fect any existing statute so as to authorize rapidly request and mobilize fire- or permit curtailment or diminution of the fighting equipment among compact compact is modeled on a similar com- forest fighting forces, equipment, services, members. Once enacted, this legisla- pact for the Pacific Northwest, to or facilities of any member state. tion will immediately allow South Da- which Congress consented in 1998. ‘‘Nothing in this compact authorizes or kota, Colorado and Wyoming to work I urge you to support this legislation permits any member state to curtail or di- directly with each other and to pool so that we do not lose a single minute minish its forest fire fighting forces, equip- their resources so they could rapidly in helping these States to fight fires ment, services, or facilities. Each member address current wildfire conditions. and benefit this compact’s vital provi- state shall maintain adequate forest fighting sions. forces and equipment to meet demands for In addition, S. 975 includes a provi- forest fire protection within its borders in sion that will allow North Dakota to I am pleased to present this legisla- the same manner and to the same extent as participate in a similar resource-shar- tion because interstate compacts is an if this compact were not operative. ing agreement once its State legisla- area of the House Judiciary Commit- ‘‘Nothing in this compact limits or re- ture has ratified the agreement. tee’s jurisdiction, and I would like to stricts the powers of any state ratifying the The need for S. 975 is critical as the invigorate that. As ranking member of compact to provide for the prevention, con- fire season for this region approaches the Subcommittee on Commercial and trol, and extinguishment of forest fires, or to and is really upon us today. According Administrative Law, which has juris- prohibit the enactment or enforcement of diction over interstate compacts, I state laws, rules, or regulations intended to to a recent article in the Rapid City aid in the prevention, control, and extin- Journal, the dry, hot conditions per- hope to see more interest in this area guishment in the state. sisting in the Black Hills could result as a powerful tool for States to work ‘‘Nothing in this compact affects any exist- in August being one of the worst fire together in a cooperative manner to ing or future cooperative relationship or ar- seasons in the history of South Da- deal effectively with the cross-jurisdic- rangement between the United States Forest kota. tional policy issues that are arising in Service and a member state or states. Thus, in an effort to expedite our our country. I am sure that the sub- ‘‘ARTICLE VII consideration of this matter, given the committee Chair, LINDA SA´ NCHEZ, ‘‘Representatives of the United States For- potentially critical situation presented shares this desire; and I look forward est Service may attend meetings of the com- by the fire hazards currently affecting to working with her more in this im- pact administrators. South Dakota, we are taking up the portant area. ‘‘ARTICLE VIII measure as passed by the Senate. All around the country, there are ‘‘The provisions of Articles IV and V of I should note that my colleague in many compacts addressing a myriad of this compact that relate to reciprocal aid in the State of South Dakota, Represent- combating, controlling, or preventing forest issues, from the most cutting-edge cli- ative STEPHANIE HERSETH SANDLIN, in- mate change issues to the most mun- fires are operative as between any state troduced identical legislation, H.R. party to this compact and any other state dane tax issues. These compacts must which is party to this compact and any other 3050, to address this matter. I commend under the Constitution be presented to state that is party to a regional forest fire Representative HERSETH SANDLIN for Congress for consent before the States protection compact in another region if the her hard work and leadership in this may enter into them. I commend the Legislature of the other state has given its body. And together with the strong States involved in this compact for assent to the mutual aid provisions of this support from the Colorado and Wyo- doing things the right way in bringing compact. ming delegations, she has spearheaded this compact to Congress for consent. ‘‘ARTICLE IX the effort to obtain a legislative re- I urge my colleagues to support this ‘‘This compact shall continue in force and sponse to this crisis so that it can be legislation and then to come to visit remain binding on each state ratifying it sent to the President for his signature the natural wonders in these States until the Legislature or the Governor of the without undue delay. that this compact is sure to help pro- state takes action to withdraw from the Accordingly, I urge my colleagues to compact. Such action in not effective until tect. support S. 975. Madam Speaker, I reserve the bal- six months after notice of the withdrawal Madam Speaker, I reserve the bal- has been sent by the chief executive of the ance of my time. ance of my time. state desiring to withdraw to the chief ex- Ms. ZOE LOFGREN of California. Mr. CANNON. Madam Speaker, I ecutives of all states then parties to the Madam Speaker, I would like at this compact.’’. yield myself such time as I may con- 1 sume. time to yield 1 ⁄2 minutes to the author The SPEAKER pro tempore. Pursu- Madam Speaker, I am happy to sup- of the House companion bill and the ant to the rule, the gentlewoman from port this bipartisan legislation. S. 975, Representative from South Dakota, California (Ms. ZOE LOFGREN) and the which approves an interstate fire- Congresswoman STEPHANIE HERSETH gentleman from Utah (Mr. CANNON) fighting compact, is certain to accom- SANDLIN. each will control 20 minutes. plish great things for the States in- Ms. HERSETH SANDLIN. Madam The Chair recognizes the gentle- volved. Speaker, I thank the gentlewoman woman from California. from California for yielding. GENERAL LEAVE b 1945 I rise today to express my strong sup- Ms. ZOE LOFGREN of California. This compact would facilitate the port for Senate bill 975. As the chair- Madam Speaker, I ask unanimous con- rapid sharing of desperately needed woman of the subcommittee, Ms. ZOE

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.176 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8919 LOFGREN, and the ranking member, Mr. subcommittee, Ms. SA´ NCHEZ, as well as ‘‘(i) The sum of (I) the number of public CANNON, have described, this important the chairman of the committee and housing dwelling units administered by the legislation stands to provide imme- ranking member for not standing on agency, and (II) the number of vouchers diate assistance to wildfire-fighting formality, waiving jurisdiction, and under section 8(o) of the United States Hous- crews in South Dakota, Colorado, and ing Act of 1937 (42 U.S.C. 1437f(o)) adminis- bringing this bill directly to the floor. tered by the agency, is 250 or fewer. Wyoming. It is the right way to get something ‘‘(ii) The agency— Passage and enactment of S. 975 is done in a hurry, and it needs to get ‘‘(I) is not designated pursuant to section the final step in the fire compacting done. 6(j)(2) as a troubled public housing agency; process, which allows States covered Madam Speaker, I yield back the bal- and by the compact to more effectively ance of my time. ‘‘(II) has not, within the preceding 12 share firefighting personnel and equip- The SPEAKER pro tempore. The months, been assigned a failing or below ment in response to wildfires. The com- question is on the motion offered by passing score under the section 8 manage- pacting process begins with State ap- the gentlewoman from California (Ms. ment assessment program of the Sec- retary.’’. proval but also requires consent from ZOE LOFGREN) that the House suspend the Congress. Further, this legislation (b) RESIDENT PARTICIPATION.—Section 5A the rules and pass the Senate bill, S. of the United States Housing Act of 1937 (42 enjoys the support of South Dakota’s 975. U.S.C. 1437c–1) is amended— Senators TIM JOHNSON and JOHN The question was taken; and (two- (1) in subsection (e), by inserting after THUNE, as well as the entire Colorado thirds being in the affirmative) the paragraph (3) the following: and Wyoming Senate delegations. Com- rules were suspended and the Senate ‘‘(4) QUALIFIED SMALL PUBLIC HOUSING AGEN- panion legislation that I introduced in bill was passed. CIES.— the House also enjoys similar support A motion to reconsider was laid on ‘‘(A) IN GENERAL.—Except as provided in from the congressional delegations the table. subparagraph (B), nothing in this section may be construed to exempt a qualified within the compacted States. f The need for this legislation is under- small public housing agency from the re- scored each fire season as we undoubt- SMALL PUBLIC HOUSING quirement under paragraph (1) to establish AUTHORITY ACT one or more resident advisory boards. Not- edly watch communities struggle to withstanding that qualified small public cope with forest fires. In my own dis- Mr. FRANK of Massachusetts. housing agencies are exempt pursuant to trict, I recently visited areas dev- Madam Speaker, I move to suspend the subsection (b)(3)(A) from the requirement astated by the Alabaugh Canyon fire rules and pass the bill (H.R. 3067) to under this section to prepare and submit an near Hot Springs, South Dakota, which amend the United States Housing Act annual public housing plan, each qualified consumed over 10,000 acres and de- of 1937 to exempt small public housing small public housing agency shall consult stroyed more than 30 homes. Trag- agencies from the requirement of pre- with, and consider the recommendations of ically, one man lost his life. Only the paring an annual public housing agen- the resident advisory boards for the agency, tireless and professional work by emer- in any determinations and actions of the cy plan, as amended. agency regarding establishing goals, objec- gency response staff in South Dakota The Clerk read the title of the bill. tives, and policies of the agency. with the help of volunteers across the The text of the bill is as follows: ‘‘(B) APPLICABILITY OF WAIVER AUTHOR- State and region stopped this fire from H.R. 3067 ITY.—Paragraph (3) shall apply to qualified becoming even worse. Be it enacted by the Senate and House of Rep- small public housing agencies, except that The fire season is, however, far from resentatives of the United States of America in for purposes of such small public housing over, and I am pleased that the passage Congress assembled, agencies, subparagraph (B) of such paragraph of this bill in the House today will be SECTION 1. SHORT TITLE. shall be applied by substituting ‘the func- the final legislative step towards en- This Act may be cited as the ‘‘Small Pub- tions described in the second sentence of acting this important bill into law. The lic Housing Authority Act’’. paragraph (4)(A)’ for ‘the functions described in paragraph (2)’. new authorities contained in the bill SEC. 2. PUBLIC HOUSING AGENCY PLANS FOR ‘‘(f) PUBLIC HEARINGS.—’’; and will let compacted States work di- CERTAIN SMALL PUBLIC HOUSING AGENCIES. (2) in subsection (f) (as so designated by rectly with each other increasing the (a) IN GENERAL.—Section 5A(b) of the the amendment made by paragraph (1) of efficiency and, most importantly, the United States Housing Act of 1937 (42 U.S.C. this subsection), by adding at the end the speed with which firefighting crews in 1437c–1(b)) is amended by adding at the end following new paragraph: South Dakota, Colorado, and Wyoming the following new paragraph: ‘‘(5) QUALIFIED SMALL PUBLIC HOUSING AGEN- can mobilize resources in response to ‘‘(3) EXEMPTION OF CERTAIN SMALL PHAS CIES.— fires. The compact also leaves space for FROM FILING REQUIREMENT.— ‘‘(A) REQUIREMENT.—Notwithstanding that North Dakota to join at a later date. ‘‘(A) IN GENERAL.—Notwithstanding para- qualified small public housing agencies are Finally, I would like to thank Chair- graph (1) or any other provision of this Act— exempt pursuant to subsection (b)(3)(A) from ‘‘(i) the requirement under paragraph (1) the requirement under this section to con- man CONYERS and his staff for their shall not apply to any qualified small public duct a public hearing regarding the annual swift consideration of this bill and housing agency; and public housing plan of the agency, each their willingness to work with me to ‘‘(ii) except as provided in subsection qualified small public housing agency shall, bring it to the House floor this (e)(4)(B), any reference in this section or any not less than annually, conduct a public evening. Their work, and a joint effort other provision of law to a ‘public housing hearing to discuss the goals, objectives, and from State officials in South Dakota agency’ shall not be considered to refer to policies of the agency, and any changes to and the State’s entire congressional any qualified small public housing agency, such goals, objectives, and policies, and to delegation, has facilitated this to the extent such reference applies to the invite public comment regarding such issues. progress. I stand in strong support of S. requirement to submit an annual public ‘‘(B) AVAILABILITY OF INFORMATION AND NO- 975 and urge my colleagues to join me. housing agency plan under this subsection. TICE.—Not later than 45 days before the date of such a hearing, the qualified small public Mr. CANNON. Madam Speaker, I ‘‘(B) CIVIL RIGHTS CERTIFICATION.—Notwith- standing that qualified small public housing housing agency shall— have no further requests for time, and agencies are exempt pursuant to subpara- ‘‘(i) make all information relevant to the I yield back the balance of my time. graph (A) from the requirement under this hearing and any determinations of the agen- Ms. ZOE LOFGREN of California. section to prepare and submit an annual pub- cy regarding the goals, objectives, and poli- Madam Speaker, this bill grants our lic housing plan, each qualified small public cies of the agency to be considered at the approval to an important interstate housing agency shall, on an annual basis, hearing available for inspection by the pub- compact that will enable States in the make the certification described in para- lic at the principal office of the public hous- Great Plains to pool resources to con- graph (16) of subsection (d) of this section, ing agency during normal business hours; trol forest fires. Especially in light of except that for purposes of such small public and the fact that these States may shortly housing agencies, such paragraph shall be ‘‘(ii) publish a notice informing the public that (I) the information is available as re- be experiencing what could be the applied by substituting ‘the public housing program of the agency’ for ‘the public hous- quired under clause (i), and (II) a public worst fire season in years, I strongly ing agency plan’. hearing under subparagraph (A) will be con- urge my colleagues to support this ur- ‘‘(C) DEFINITION.—For purposes of this sec- ducted.’’. gently needed measure. tion, the term ‘qualified small public hous- (c) AMENDMENTS AND MODIFICATIONS TO I commend the ranking member, Mr. ing agency’ means a public housing agency PLANS.—Subsection (g) of section 5A of the CANNON, and the chairwoman of the that meets all of the following requirements: United States Housing Act of 1937 (42 U.S.C.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.179 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8920 CONGRESSIONAL RECORD — HOUSE July 30, 2007 1437c–1(g)) is amended by adding at the end Like many of my colleagues, I rep- BIGGERT and, of course, Ranking Mem- the following new paragraph: resent a rural district where most of ber BACHUS for their support for this ‘‘(3) QUALIFIED SMALL PUBLIC HOUSING AGEN- the public housing authorities operate legislation. CIES.—Except to the extent that this sub- in small communities. In fact, many of Madam Speaker, I yield back the bal- section applies to annual public housing agency plans, nothing in this section may be the PHAs in my district administer ance of my time. construed to exempt a qualified small public fewer than 200 housing units and some Mr. FRANK of Massachusetts. housing agency from the requirements under even have part-time directors or direc- Madam Speaker, I thank the staffs of this subsection.’’. tors who split their time between pub- the majority and minority, who The SPEAKER pro tempore. Pursu- lic housing authorities. For many of worked very well together on this, as ant to the rule, the gentleman from those small public housing authorities, they do on many bills. Massachusetts (Mr. FRANK) and the excessive paperwork requirements and Mr. PEARCE. Madam Speaker, I rise today gentleman from Texas (Mr. outdated regulatory burdens continue in support of H.R. 3067, the Small Public NEUGEBAUER) each will control 20 min- to create an unnecessary distraction Housing Authority Act. utes. from their important work of providing Like many of my colleagues, I represent a The Chair recognizes the gentleman affordable housing for underprivileged rural district where most of the Public Housing from Massachusetts. families. Authorities (PHAs) operate in small commu- GENERAL LEAVE For example, the 1992 Public Housing nities. These small PHAs face excessive pa- Mr. FRANK of Massachusetts. Reform Act requires PHAs to submit perwork requirements and outdated regulatory Madam Speaker, I ask that all Mem- both a 5-year and an annual plan to the burdens which undermine their ability to pro- bers have 5 legislative days within Department of Housing and Urban De- vide affordable housing to underprivileged which to revise and extend their re- velopment. While the annual plans families. marks on this bill and include therein were designed to address changes to Currently, all PHAs are required to submit any extraneous material. the 5-year plan, small PHAs are al- both 5-year and annual plans to the Depart- The SPEAKER pro tempore. Is there ready required by law to submit any ment of Housing and Urban Development, objection to the request of the gen- policy changes, as the gentleman from HUD. However, these PHAs do not have the tleman from Massachusetts? Massachusetts said, to HUD for review time, staff or resources to complete these an- There was no objection. and approval. This yearly report of un- nual plans and often have to hire expensive Mr. FRANK of Massachusetts. changed plans and policy amounts to consultants to help complete these annual Madam Speaker, I yield myself such an unnecessary Federal mandate. plans. time as I may consume. While HUD has taken regulatory steps I am pleased that my friend, Mr. This is a bill that was brought for- to streamline this annual reporting for NEUGEBAUER from Texas, has taken the steps ward in the previous Congress by the small PHAs that are performing well, a needed to alleviate this burden on small PHAs gentleman from Texas. It is very im- recent example of one of the stream- by introducing H.R. 3067, the Small PHA Act. portant that we regulate when nec- lined plans was 47 pages with attach- This legislation will bring long needed regu- essary; it is equally important that we ments. So small public housing au- latory relief to small PHAs by exempting those not regulate when it is unnecessary. thorities just do not have the time and with 250 or fewer public housing units and This is an example of our recognition the staff and the resources to complete Section 8 vouchers from the requirement of of that principle. these annual plans by themselves and submitting an annual plan to HUD. We have rules that govern housing in many cases have to use outside ven- Today, I urge my colleagues to once again authorities. These are complex and dif- dors or contractors, expensive consult- support regulatory relief for small PHAs by ficult issues that housing authorities ants to do the work that they don’t supporting H.R. 3067. face. But one set of rules should not be have the computer software to do Mr. FRANK of Massachusetts. made to fit all. Smaller housing au- themselves to complete these annual Madam Speaker, I yield back the bal- thorities ought to have more flexibility plans. ance of my time. than the larger housing authorities. For this reason, I have introduced The SPEAKER pro tempore. The This bill, brought forward by the gen- H.R. 3067, the Small Public Housing question is on the motion offered by tleman from Texas, and I congratulate Act. This legislation would bring long- the gentleman from Massachusetts him for his persistence in calling this needed regulatory relief to our small (Mr. FRANK) that the House suspend to the attention of the committee, acts PHAs by exempting those that are 250 the rules and pass the bill, H.R. 3067, as on that principle. fewer units and section 8 vouchers from amended. It exempts from excessive regulation, continuing the requirement of an an- The question was taken; and (two- but not entirely from regulation, nual plan if there is no material change thirds being in the affirmative) the smaller housing authorities. In par- in the operations during that year. So rules were suspended and the bill, as ticular, I would just say that there was if they have some material change they amended, was passed. a rule for example that plans be made still have to do it, but if it is just busi- A motion to reconsider was laid on every 5 years and in some cases hous- ness as usual, then they do not have to the table. ing authorities have to report on cer- make that submission. They still have f tain things every year. In this case to submit their 5-year plan, as is re- what we would say is that the smaller quired by law. NASA 50TH ANNIVERSARY housing authorities would file their H.R. 3067 only addresses, as I said, COMMEMORATIVE COIN ACT plan every 5 years and only if there are the annual plans. This legislation will Ms. JACKSON-LEE of Texas. Madam any changes of any significance in the provide an opportunity where they Speaker, I move to suspend the rules covered matters would they have to re- don’t have to spend their much-needed and pass the bill (H.R. 2750) to require port again. So it would save a lot of resources and time away from doing the Secretary of the Treasury to mint time, energy, and paperwork for the what they need to be doing, and that is coins in commemoration of the 50th smaller housing authorities. It will helping to provide affordable housing anniversary of the establishment of the help these people with the difficult job for our most needy folks. National Aeronautics and Space Ad- that they do. I would just want to thank the gen- ministration and the Jet Propulsion I thank the gentleman for bringing tleman from Massachusetts for his in- Laboratory, as amended. the bill forward. terest in public housing. This bill The Clerk read the title of the bill. Madam Speaker, I reserve the bal- passed overwhelmingly in the previous The text of the bill is as follows: ance of my time. Congress. Unfortunately, the time ran H.R. 2750 Mr. NEUGEBAUER. Madam Speaker, out, and we did not get that done from Be it enacted by the Senate and House of Rep- I yield myself such time as I may con- the other body. As a matter of fact, it resentatives of the United States of America in sume. passed 387–2; so I think there is broad Congress assembled, Madam Speaker, I rise today in sup- support for this. I appreciate Chair- SECTION 1. SHORT TITLE. port of H.R. 3067, the Small Public woman WATERS’ Housing Sub- This Act may be cited as the ‘‘NASA 50th Housing Authority Act. committee as well as Ranking Member Anniversary Commemorative Coin Act’’.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.177 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8921 SEC. 2. FINDINGS. mankind, or more important in the long- (B) The Dryden Flight Research Center, The Congress finds as follows: range exploration of space; and none will be the leading center for innovative flight re- (1) The National Aeronautics and Space so difficult or expensive to accomplish.’’ search. Administration began operation on October (6) On September 19, 1961, the National (C) The Glenn Research Center, which de- 1, 1958, with about 8,000 employees and an an- Aeronautics and Space Administration an- velops power, propulsion, and communica- nual budget of $100,000,000. nounced that the National Aeronautics and tion technologies for space flight systems (2) Over the next 50 years, the National Space Administration center dedicated to and aeronautics research. Aeronautics and Space Administration has human space flight would be built in Hous- (D) The Goddard Space Flight Center, been involved in many defining events which ton, Texas. which specializes in research to expand have shaped the course of human history and (7) On February 17, 1973, the Manned Space- knowledge on the Earth and its environ- demonstrated to the world the character of craft Center in Houston was renamed the ment, the solar system, and the universe the people of the United States. Lyndon B. Johnson Space Center. through observations from space. (3) Among the many firsts by the National (8) On December 21, 1968, Apollo 8 took off (E) The Jet Propulsion Laboratory, the Aeronautics and Space Administration are atop a Saturn V booster from the Kennedy leading center for robotic exploration of the the following: Space Center for a historic mission to orbit Solar System. (A) On December 6, 1958, the United States the Moon. (F) The Johnson Space Center, which man- launched Pioneer 3, the first United States (9) As Apollo 8 traveled outward, the crew ages the development, testing, production, satellite to ascend to an altitude of 63,580 focused a portable television camera on and delivery of all United States human miles. Earth and for the first time humanity saw spacecraft and all human spacecraft-related (B) On March 3, 1959, the United States its home from afar, a tiny, lovely, and fragile functions. sent Pioneer 4 to the Moon, successfully ‘‘blue marble’’ hanging in the blackness of (G) The Kennedy Space Center, the gate- making the first United States lunar flyby. space. way to the Universe and world leader in pre- (C) On April 1, 1960, the United States (10) This transmission and viewing of paring and launching missions around the launched TIROS 1, the first successful mete- Earth from a distance was an enormously Earth and beyond. orological satellite, observing Earth’s weath- significant accomplishment and united the (H) The Langley Research Center, which er. Nation at a time when American society was continues to forge new frontiers in aviation (D) On May 5, 1961, Freedom 7, carrying As- in crisis over Vietnam, race relations, urban and space research for aerospace, atmos- tronaut Alan B. Shepard, Jr., was the first problems, and a host of other difficulties. pheric sciences, and technology commer- American space flight involving human (11) On July 20, 1969, Apollo 11 astronauts cialization to improve the way the world beings. Neil A. Armstrong and Edwin E. Aldrin made lives. (E) On February 20, 1962, John Glenn be- the first lunar landing mission while Michael (I) The Marshall Space Flight Center, a came the first American to circle the Earth, Collins orbited overhead in the Apollo com- world leader in developing space transpor- making three orbits in his Friendship 7 Mer- mand module. tation and propulsion systems, engineers the cury spacecraft. (12) Armstrong set foot on the surface, tell- future to accelerate exploration and sci- (F) On December 14, 1962, Mariner 2 became ing the millions of listeners that it was ‘‘one entific discovery. the first spacecraft to commit a successful small step for a man, one giant leap for man- (J) The Stennis Space Center, which is re- planetary flyby (Venus). kind’’; Aldrin soon followed and planted an sponsible for rocket propulsion testing and (G) On April 6, 1965, the United States American flag, but omitted claiming the for partnering with industry to develop and launched Intelsat I (also known as Early land for the United States as had routinely implement remote sensing technology. Bird 1), the first commercial satellite (com- been done during European exploration of (18) The United States should pay tribute munications), into geostationary orbit. the Americas. to the National Aeronautics and Space Ad- (H) On June 3–7, 1965, the second piloted (13) The 2 Moon walkers left behind an ministration, and to its successful partner- Gemini mission, Gemini IV, stayed aloft for American flag and a plaque bearing the in- ships with the space and research centers, by 4 days and astronaut Edward H. White II per- scription: ‘‘Here Men From The Planet Earth minting and issuing a commemorative silver formed the first EVA or spacewalk by an First Set Foot Upon the Moon. Jul. 1969 A.D. American. We Came in Peace for All Mankind.’’. dollar coin. (I) On June 2, 1966, Surveyor 1 became the (14) On April 24, 1990, the Hubble Space Tel- (19) The surcharge proceeds from the sale first American spacecraft to soft-land on the escope was launched into space aboard the of a commemorative coin would generate Moon. STS-31 mission of the Space Shuttle Dis- valuable funding for the National Aero- (J) On May 31, 1971, the United States covery and since then the Hubble has revolu- nautics and Space Administration Families launched Mariner 9, the first mission to orbit tionized astronomy while expanding our Assistance Fund for the purposes of pro- another planet (Mars) beginning November knowledge of the universe and inspiring mil- viding need-based financial assistance to the 13, 1971. lions of scientists, students, and members of families of the National Aeronautics and (K) On April 12, 1981, the National Aero- the public with its unprecedented deep and Space Administration personnel who die as a nautics and Space Administration launched clear images of space. result of injuries suffered in the performance the Space Shuttle Columbia on the first (15) On July 4, 1997, the Mars Pathfinder of their official duties. flight of the Space Transportation System landed on Mars and on January 29, 1998, an SEC. 3. COIN SPECIFICATIONS. (STS–1). International Space Station agreement (a) DENOMINATIONS.—In commemoration of (L) On June 18, 1983, the National Aero- among 15 countries met in Washington, DC, the 50th anniversary of the establishment of nautics and Space Administration launched to sign agreements to establish the frame- the National Aeronautics and Space Admin- Space Shuttle Challenger (STS–7) carrying 3 work for cooperation among the partners on istration, the Secretary of the Treasury mission specialists, including Sally K. Ride, the design, development, operation, and uti- (hereafter in this Act referred to as the ‘‘Sec- the first woman astronaut. lization of the Space Station. retary’’) shall mint and issue the following (M) In another historic mission, 2 months (16) The National Aeronautics and Space coins: later the National Aeronautics and Space Administration’s stunning achievements (1) $50 GOLD COINS.—Not more than 50,000 Administration launched STS–8 carrying the over the last 50 years have been won for all $50 gold coins which shall— first black American astronaut, Guion S. mankind at great cost and sacrifice; in the (A) weigh 33.931 grams; Bluford. quest to explore the universe, many National (B) have a diameter of 32.7 millimeters; (N) On July 23, 1999, the Space Shuttle Co- Aeronautics and Space Administration em- and lumbia’s 26th flight was led by Air Force Col. ployees have lost their lives, including the (C) contain 1 troy ounce of fine gold. Eileen Collins, the first woman to command crews of Apollo 1, the Space Shuttle Chal- (2) $1 SILVER COINS.—Not more than 300,000 a Shuttle mission. lenger, and the Space Shuttle Columbia. $1 coins of each of the 9 designs specified in (4) On April 9, 1959, the National Aero- (17) The success of the United States space section 3(a)(3)(B), which shall— nautics and Space Administration unveiled exploration program in the 20th Century (A) weigh 26.73 grams; the Mercury astronaut corps, 7 men with augurs well for its continued leadership in (B) have a diameter of 1.500 inches; and ‘‘the right stuff’’: John H. Glenn, Jr., Walter the 21st Century; this leadership is attrib- (C) contain 90 percent silver and 10 percent M. Schirra, Jr., Alan B. Shepard, Jr., M. utable to the remarkable and indispensable copper. Scott Carpenter, L. Gordon Cooper, Virgil I. partnership between the National Aero- (b) LEGAL TENDER.—The coins minted ‘‘Gus’’ Grissom, and Donald K. ‘‘Deke’’ nautics and Space Administration and its 10 under this Act shall be legal tender, as pro- Slayton. space and research centers as follows: vided in section 5103 of title 31, United States (5) On May 25, 1961, President John F. Ken- (A) From small spacecraft to supercom- Code. nedy, reflecting the highest aspirations of puters, science missions and payloads to (c) NUMISMATIC ITEMS.—For purposes of the American people, proclaimed: ‘‘I believe thermal protection systems, information section 5134 of title 31, United States Code, this Nation should commit itself to achiev- technology to aerospace, the Ames Research all coins minted under this Act shall be con- ing the goal, before this decade is out, of Center in California’s Silicon Valley pro- sidered to be numismatic items. landing a man on the Moon and returning vides products, technologies, and services (d) MINTAGE LEVEL LIMIT.—Notwith- him safely to Earth. No single space project that enable NASA missions and expand standing the mintage level limit described in this period will be more impressive to human knowledge. under section 5112(m)(2)(A)(ii) of title 31,

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.185 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8922 CONGRESSIONAL RECORD — HOUSE July 30, 2007 United States Code, the Secretary of the tieth Century, with the participation of such for the purposes of improving and strength- Treasury may mint and issue not more than noted sculptors and medallic artists as ening the process of teaching and learning 300,000 of each of the 9 $1 coins authorized to James Earle Fraser, Augustus Saint- science, math, and technology at all edu- be minted under this Act. Gaudens, Victor David Brenner, Adolph A. cational levels, elementary through college SEC. 4. DESIGN OF COINS. Weinman, Charles E. Barber, and George T. through the promotion of innovative edu- (a) DESIGN REQUIREMENTS.— Morgan. cational programs. (1) IN GENERAL.—The design of the coins (b) SELECTION.—The design for the coins (B) The Dorothy Jemison Foundation for minted under this Act shall be emblematic minted under this Act shall be— Excellence for the purposes of supporting the of the 50 years of exemplary and unparalleled (1) selected by the Secretary after con- work of the Foundation in building critical achievements of the National Aeronautics sultation with the Administrator of the Na- thinking skills, experiential teaching meth- and Space Administration. tional Aeronautics and Space Administra- ods, science literacy, and integrated ap- (2) DESIGNATION AND INSCRIPTIONS.—On tion and the Commission of Fine Arts; and proaches to learning and individual responsi- each coin minted under this Act there shall (2) reviewed by the Citizens Coin Advisory bility in achieving excellence. be— Committee. (3) The remainder of the amounts available (A) a designation of the value of the coin; SEC. 5. ISSUANCE OF COINS. for distribution after the payments under (B) an inscription of the year ‘‘2008’’; and (a) QUALITY OF COINS.—Coins minted under paragraphs (1) and (2), to the Secretary of (C) inscriptions of the words ‘‘Liberty’’, this Act shall be issued in proof quality only. the Smithsonian Institution for the preser- ‘‘In God We Trust’’, ‘‘United States of Amer- (b) MINT FACILITY.—Only 1 facility of the vation, maintenance, and display of space ar- United States Mint may be used to strike ica’’, and ‘‘E Pluribus Unum’’, and such tifacts at the National Air and Space Mu- any particular combination of denomination other inscriptions as the Secretary may de- seum (including the Steven F. Udvar-Hazy and quality of the coins minted under this termine to be appropriate for the designs of Center). Act. the coins. (c) AUDITS.—The NASA Family Assistance (c) PERIOD FOR ISSUANCE.—The Secretary (3) COIN IMAGES.— Fund, the Dr. Ronald E. McNair Educational may issue coins minted under this Act only Science Literacy Foundation, the Dorothy (A) $50 COINS.— during the 1-year period beginning on Janu- Jemison Foundation for Excellence, and the (i) OBVERSE.—The obverse of the $50 coins ary 1, 2008. Secretary of the Smithsonian Institution issued under this Act shall bear an image of (d) ISSUANCE OF GOLD COINS.—Each gold the sun. shall be subject to the audit requirements of coin minted under this Act may be issued section 5134(f)(2) of title 31, United States (ii) REVERSE.—The reverse of the $50 coins only as part of a complete set with 1 of each issued under this Act shall bear a design em- Code, with regard to the amounts received of the 9 $1 coins minted under this Act. under subsection (b). blematic of the sacrifice of the United States SEC. 6. SALE OF COINS. (d) LIMITATION.—Notwithstanding sub- astronauts who lost their lives in the line of (a) SALE PRICE.—The coins issued under section (a), no surcharge may be included duty over the course of the space program. this Act shall be sold by the Secretary at a with respect to the issuance under this Act (iii) HIGH RELIEF.—The design and inscrip- price equal to the sum of— of any coin during a calendar year if, as of tions on the obverse and reverse of the $50 (1) the face value of the coins; the time of such issuance, the issuance of coins issued under this Act shall be in high (2) the surcharge provided in section 7(a) such coin would result in the number of com- relief. with respect to such coins; and memorative coin programs issued during (B) $1 COINS.— (3) the cost of designing and issuing the such year to exceed the annual 2 commemo- (i) OBVERSE.—The obverse of the $1 coins coins (including labor, materials, dies, use of rative coin program issuance limitation issued under this Act shall bear 9 different machinery, overhead expenses, marketing, under section 5112(m)(1) of title 31, United designs each of which shall consist of an and shipping). States Code (as in effect on the date of the image of 1 of the 9 planets of the solar sys- (b) PREPAID ORDERS.— enactment of this Act). The Secretary of the tem, including Earth. (1) IN GENERAL.—The Secretary shall ac- Treasury may issue guidance to carry out (ii) REVERSE.—The reverse of the $1 coins cept prepaid orders for the coins minted this subsection. issued under this Act shall bear different de- under this Act before the issuance of such SEC. 8. BRONZE DUPLICATES. signs each of which shall be emblematic of coins. The Secretary may strike and sell bronze the contributions of the research and space (2) DISCOUNT.—Sale prices with respect to duplicates of the $50 gold coins authorized centers, subject to the following require- prepaid orders under paragraph (1) shall be under this Act, at a price the Secretary de- ments: at a reasonable discount. termines to be appropriate. Such duplicates (I) EARTH COIN.—The reverse of the $1 coins (c) PRESENTATION.—In addition to the shall not be considered to be United States issued under this Act which bear an image of issuance of coins under this Act in such coins and shall not be legal tender. the Earth on the obverse shall bear images other methods of presentation as the Sec- The SPEAKER pro tempore. Pursu- emblematic of, and honoring, the discoveries retary of the Treasury determines to be ap- and missions of the National Aeronautics propriate, the Secretary shall provide, as a ant to the rule, the gentlewoman from and Space Administration, the Mercury, sale option, a presentation case which dis- Texas (Ms. JACKSON-LEE) and the gen- Gemini and Space Shuttle missions and plays the $50 gold coin in the center sur- tleman from Texas (Mr. CULBERSON) other manned Earth-orbiting missions, and rounded by the $1 silver coins in elliptical or- each will control 20 minutes. the Apollo missions to the Moon. bits. All such presentation cases shall bear a The Chair recognizes the gentle- (II) JUPITER COIN.—The reverse of the $1 plaque with appropriate inscriptions that in- woman from Texas. coins issued under this Act which bear an clude the names and dates of the spacecraft GENERAL LEAVE image of the planet Jupiter on the obverse missions on which United States astronauts Ms. JACKSON-LEE of Texas. Madam shall include a scientifically accurate depic- lost their lives over the course of the space Speaker, I ask unanimous consent that tion of the Galilean moon Europa and depict program and the names of such astronauts. all Members may have 5 legislative both a past and future mission to Europa. SEC. 7. SURCHARGES. (III) SATURN COIN.—The reverse of the $1 (a) IN GENERAL.—All sales of coins minted days within which to revise and extend coins issued under this Act which bear an under this Act shall include a surcharge as their remarks on this legislation and image of the planet Saturn on the obverse follows: to insert extraneous material therein. shall include a scientifically accurate depic- (1) A surcharge of $50 per coin for the $50 The SPEAKER pro tempore. Is there tion of the moon Titan and depict both a coin. objection to the request of the gentle- past and a future mission to Titan. (2) A surcharge of $10 per coin for the $1 woman from Texas? (IV) PLUTO (AND OTHER DWARF PLANETS) coin. There was no objection. COIN.—The reverse of the $1 coins issued (b) DISTRIBUTION.—Subject to section Ms. JACKSON-LEE of Texas. Madam under this Act which bear an image of the 5134(f) of title 31, United States Code, all sur- Speaker, I yield myself such time as I planet Pluto on the obverse shall include a charges received by the Secretary from the design that is emblematic of telescopic ex- sale of coins issued under this Act shall be may consume. ploration of deep space by the National Aero- promptly distributed as follows: Allow me, first of all, to acknowledge nautics and Space Administration and the (1) The first $4,000,000 available for dis- the chairperson of the Financial Serv- ongoing search for Earth-like planets orbit- tribution under this section, to the NASA ices Committee as I rise in strong sup- ing other stars. Family Assistance Fund for the purposes of port of H.R. 2750, the NASA 50th Anni- (4) REALISTIC AND SCIENTIFICALLY ACCURATE providing need-based financial assistance to versary Commemorative Coin Act. DEPICTIONS.—The images for the designs of the families of NASA personnel who die as a Chairman FRANK has been an out- coins issued under this Act shall be selected result of injuries suffered in the performance standing leader of his committee and on the basis of the realism and scientific ac- of their official duties. has been very gracious in the formu- curacy of the images and on the extent to (2) Of amounts available for distribution lating and finalizing of this legislation. which the images are reminiscent of the dra- after the payment under paragraph (1), 1⁄2 of matic and beautiful artwork on coins of the the next $1,000,000 to each of the following: I thank him again. I thank his staff so-called ‘‘Golden Age of Coinage’’ in the (A) The Dr. Ronald E. McNair Educational and, of course, the staff of the ranking United States, at the beginning of the Twen- (D.R.E.M.E.) Science Literacy Foundation member.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.185 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8923 Let me also thank my colleague from On October 1, 1958, the National Aero- unprecedented deep and clear images of Texas (Mr. CULBERSON), who joined me nautics and Space Administration began oper- space.’’ in introducing this legislation. And, of ation. At the time it consisted of only about Madam Speaker, in addition to these his- course, we have worked very handily 8,000 employees and an annual budget of toric events, NASA has greatly contributed to together, if you will. I thank his staff. $100 million. Over the next 50 years, NASA our understanding of our universe. In 1968, And together we are committed to af- has been involved in many defining events Apollo 8 took off atop a Saturn V booster from firming and celebrating the 50th anni- which have shaped the course of human his- the Kennedy Space Center for a historic mis- versary of NASA and as well the 50th tory and demonstrated to the world the char- sion to orbit the Moon. As Apollo 8 traveled anniversary of the Jet Propulsion Lab. acter of the people of the United States. outward, the crew focused a portable tele- Let me just quickly acknowledge the Many of us remember how inspired we were vision camera on Earth and for the first time founding of NASA in October, 1958, and when on May 25, 1961, President John F. humanity saw its home from afar, a tiny, love- remind my colleagues of all the suc- Kennedy proclaimed: ‘‘I believe this Nation ly, and fragile ‘‘blue marble’’ hanging in the cesses that we have accomplished should commit itself to achieving the goal, be- blackness of space. through the belief, as John F. Kennedy fore this decade is out, of landing a man on This transmission and viewing of Earth from said, that we can explore space. the moon and returning him safely to earth. a distance was an enormously significant ac- Might I acknowledge and remind my No single space project in this period will be complishment and united the Nation at a time colleagues of February 20, 1962, John more impressive to mankind, or more impor- when American society was in crisis over Viet- Glenn’s becoming the first American to tant for the long-range exploration of space; nam, race relations, urban problems, and a circle the Earth. On April 6, 1965, the and none will be so difficult or expensive to host of other difficulties. United States launched Intelsat I. On accomplish.’’ The success of the United States space ex- November 13, 1971, Mariner 9 was Always at the forefront of technological inno- ploration program in the 20th Century augurs launched. In 1981, NASA launched the vation, NASA has been home to countless well for its continued leadership in the 21st space shuttle Columbia. And on June ‘‘firsts’’ in the field of space exploration, from Century. This success is largely attributable to 18–24, 1983, NASA launched the space the 1958 launch of Pioneer 3, the first U.S. the remarkable and indispensable partnership shuttle Challenger. satellite to ascend to an altitude of 63,580 between the National Aeronautics and Space Administration and its 10 space and research b 2000 miles, to the January 1998 signing of the Inter- national Space Station agreement between 15 centers. One of these important research cen- Of course, we have faced some sad ters is located in my home city of Houston. moments in NASA’s history, but over- countries, establishing the framework for co- operation among partners on the design, de- The Johnson Space Center, which manages all, as we look toward the future and the development, testing, production, and de- velopment, operation, and utilization of the have reflected on July 22, 1999, Space livery of all United States human spacecraft Space Station. Over the past 50 years, Shuttle Columbia, and then of course and all human spacecraft-related functions, is July 20, 1969, Apollo 11, we know that NASA’s accomplishments have included: On 20 Feb. 1962, John Glenn became the one of the crown jewels of NASA and a tragedy has faced NASA, but we also lodestar Houston area. The other nine re- know that we have faced tragedy with first American to circle the Earth, making three orbits in his Friendship 7 Mercury spacecraft. search and space centers are: a certain determination and commit- 1. The Ames Research Center in Califor- ment to space exploration. On 6 Apr. 1965, the United States launched Intelsat I, the first commercial satellite (com- nia’s Silicon Valley provides products, tech- This coin bill will, in fact, allow us to nologies, and services that enable NASA mis- commemorate a number of the centers munications), into geostationary orbit. On 13 Nov. 1971, the United States launched Mar- sions and expand human knowledge in areas and the 50 years of success of NASA as diverse as small spacecraft and supercom- and the Jet Propulsion Lab. But it also iner 9, the first I mission to orbit another plan- et (Mars). puters, science missions and payloads, ther- will provide a comfort to those families mal protection systems and information tech- of Challenger and Columbia by providing On 12 Apr. 1981, NASA launched the Space Shuttle Columbia on the first flight of nology. aid to the families. It will give the coin 2. The Dryden Flight Research Center, the collectors, I hope, a great day of cele- the Space Transportation System (STS–1). On 18–24 Jun. 1983, NASA launched leading center for innovative flight research. bration, and it will give those who are 3. The Glenn Research Center, which de- Space Shuttle Challenger (STS–7) carrying interested in studying and producing velops power, propulsion, and communication three mission specialists, including Sally K. more Americans in math and science technologies for space flight systems and aer- Ride, the first woman astronaut. In another an opportunity to promote and support onautics research. programs that will encourage young historic mission, two months later NASA 4. The Goddard Space Flight Center, which people to go into math and science. launched STS–8 carrying the first black Amer- specializes in research to expand knowledge I believe that this bill is one that all ican astronaut, Guion S. Bluford. on the Earth and its environment, the solar of us can support. It is a bipartisan On 22 Jul. 1999, the Space Shuttle Colum- system, and the universe through observations bill. bia’s 26th flight was led by Air Force Col. Ei- from space. Madam Speaker, I rise in strong support of leen Collins, the first woman to command a 5. The Jet Propulsion Laboratory, the lead- H.R. 2750, the NASA 50th Anniversary Com- Shuttle mission. ing center for robotic exploration of the Solar memorative Coin Act. I would like to thank my On July 20, 1969, Apollo 11 astronauts Neil System. colleague Mr. CULBERSON, who joined me in A. Armstrong and Edwin E. Aldrin made the 6. The Kennedy Space Center, the gateway introducing this legislation, and Chairman first lunar landing mission while Michael Col- to the Universe and world leader in preparing FRANKS of the Financial Services Committee, lins orbited overhead in the Apollo command and launching missions around the Earth and for his excellent leadership in shepherding this module. Armstrong set foot on the surface, beyond. historic legislation to passage on the House telling the millions of listeners that it was ‘‘one 7. The Langley Research Center, which floor. small step for man—one giant leap for man- continues to forge new frontiers in aviation The year 2008 will mark the 50th anniver- kind.’’ Aldrin soon followed him out and plant- and space research for aerospace, atmos- sary of the creation of the National Aero- ed an American flag but omitted claiming the pheric sciences, and technology commer- nautics and Space Administration (NASA) and land for the U.S. as had routinely been done cialization to improve the way the world lives. the Jet Propulsion Laboratory (JPL). This im- during European exploration of the Americas. 8. The Marshall Space Flight Center, a portant legislation celebrates NASA’s 50th The two Moon-walkers left behind an Amer- world leader in developing space transpor- birthday with a commemorative coin. The leg- ican flag and a plaque bearing the inscription: tation and propulsion systems, engineers the islation also honors the extraordinary partner- ‘‘Here Men From Planet Earth First Set Foot future to accelerate exploration and scientific ships between NASA and its 10 space and re- Upon the Moon. Jul. 1969 A.D. We Came in discovery. search centers. Peace for All Mankind.’’ 9. The Stennis Space Center, which is re- Madam Speaker, NASA has a distinguished On April 24, 1990, the Hubble Space Tele- sponsible for rocket propulsion testing and for history. The United States of America won the scope was launched into space aboard the partnering with industry to develop and imple- race to land a man on the moon and, thanks STS–31 mission of the Space Shuttle Dis- ment remote sensing technology. to the courage, dedication, and brilliance of covery. The Hubble has revolutionized astron- NASA’s stunning achievements over the last NASA, America has continued to lead the omy while expanding our knowledge of the 50 years have been won for all mankind at world in the exploration of the solar system universe and inspiring millions of scientists, great cost and sacrifice. In the quest to ex- and the universe. students, and members of the public with its plore the universe, many NASA employees

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 7634 Sfmt 9920 E:\CR\FM\K30JY7.183 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8924 CONGRESSIONAL RECORD — HOUSE July 30, 2007 have lost their lives, including the crews of had been set up under the guidance of in support of NASA. And it’s really dif- Apollo 6, the Space Shuttle Challenger, and the United States Army, put together ficult to measure the value of what the Space Shuttle Columbia. Explorer 1 and built it and launched it. NASA has done for the United States The surcharge proceeds from the sale of a And before the year was out, Congress and for all mankind in exploring space. coin commemorating the contributions of had created the National Aeronautics Asking what NASA has done for the NASA will generate valuable funding for the and Space Administration on December United States and for all of humanity NASA Families Assistance Fund for the pur- 3, 1958. is a little like the question facing poses of need-based financial assistance to So next year is a golden anniversary Americans 200 years ago when Congress the families of NASA personnel who die as a for NASA, and the National Aero- authorized the Lewis and Clark Expedi- result of injuries suffered in the performance of nautics and Space Administration has tion. No one knew at the time what their official duties. And equally important, pro- given the people of the United States Lewis and Clark might find. They ceeds from the sale of commemorative coins many, many things to be proud of. didn’t know what resources might lie will also benefit the Dr. Ronald E. McNair Edu- NASA has gone on to explore, from out there. They did not know what the cational, DREME, Science Literacy Founda- that first launch of that first satellite, unchartered blank spots on the western tion, which is dedicated to improving and the entire solar system and much of American map would yield. And it was strengthening the process of teaching and the visible universe with the help of impossible, 200 years ago, to measure learning science, math, and technology at all the Hubble Space Telescope and the the value of the discoveries, the min- educational levels, elementary through college Spitzer Space Telescope. erals, the animal species, the incred- through the promotion of innovative edu- We now have telescopes in orbit, ible new horizons that Lewis and Clark cational programs. Madam Speaker, around the Earth that would discover; no way to measure This legislation also benefits the Dorothy have identified up to 160 planets around that. Jemison Foundation for Excellence which is other solar systems. NASA has discov- And I think equally here today, dedicated to building critical thinking skills, ex- ered, with the Mars Rovers, that liquid Americans standing on the brink of the periential teaching methods, science literacy, water not only once existed on the sur- 21st century cannot place a value or and integrated approaches to learning and in- face of Mars, but it appears that there measure on the discoveries that the dividual responsibility in achieving excellence. are large frozen lakes on Mars today. men and women of NASA, our brave as- The remainder of the proceeds after distribu- We have landed on the surface of the tronaut core and all the scientists and tion to the NASA Families Assistance Fund moon, Titan. We not only landed men engineers who work at NASA, the Jet and the DREME and Jemison Foundations are on the moon with a very successful Propulsion Laboratory, Goddard, the slated to go the Smithsonian Institution for the Apollo program, but we are today, Applied Physics Lab, and all the re- preservation, maintenance, and display of under President Bush’s vision and the search centers around the country that space artifacts at the National Air and Space leadership of our new NASA adminis- have helped the American space pro- Museum (including the Steven F. Udvar-Hazy trator, Mike Griffin, rapidly moving gram lead the world. Center). towards the day very soon when men I am very proud to be a lead coauthor Madam Speaker, in the centuries to come, and women will return to the surface of on this bill and helping honor the men when space travel will be commonplace and the moon. and women of NASA and the extraor- America will have successfully led the way for The accomplishments of NASA, JPL, dinary discoveries that NASA has humanity to colonize and utilize the resources and all of the research labs under made, and also to remind Americans of of other planets, these first 50 years of NASA are absolutely extraordinary, the value we each enjoy with miniatur- NASA’s existence will be remembered as the but this exploration has not come ization of computers, medical tech- most significant era of human space explo- without loss. As with all exploration nology, heart pumps, valves, power ration. It is, therefore, important that we com- that is new, it has been dangerous. On generators, image processing, cell memorate the great achievements of NASA’s January 27, 1967, America tragically phone technology, CAT scanners, MRI first 50 years. lost three Apollo astronauts on the machines. All of the extraordinary In closing, Madam Speaker, let me also launch pad because of a fire in Apollo I. technological innovations that we thank the Staff of the Financial Services Com- Changes were made to the program, touch on a daily basis have come from mittee on this legislation. I also wish to pay and the spacecraft became much safer our work on the space program. special tribute to Yohannes Tsehai and Greg- and we moved on and beyond that ter- I am proud to be here today with my ory Berry of my staff. Without their valuable rible tragedy. And then of course we coauthor, Congresswoman SHEILA contributions this significant legislative lost the Space Shuttle Challenger on JACKSON-LEE, on a bill that is strongly achievement would not have been possible. I January 28, 1986, with its entire crew, a supported in a bipartisan way. It was strongly urge my colleagues to join me in sup- terrible day that I know many of us re- passed unanimously last Congress. I porting this historic legislation. member. And then most recently, trag- am confident we will enjoy that kind of Madam Speaker, at this time, I re- ically, on February 1, 2003, the Space support today for this coin set hon- serve the balance of my time. Shuttle Columbia was lost during re- oring NASA’s 50th anniversary. Mr. CULBERSON. Madam Speaker, I entry with its entire seven-man crew. Madam Speaker, I reserve the bal- yield myself such time as I may con- Therefore, in the design of this coin ance of my time. sume in support of H.R. 2750. set, my coauthor and I, Congress- Ms. JACKSON-LEE of Texas. Madam I want to, first of all, thank the woman JACKSON-LEE, have proposed Speaker, it is my pleasure to yield such chairman of the committee, Chairman that the centerpiece of the coin will be time as he might consume to the chair- FRANK, for his insistence in bringing a $50 high-relief-proof gold piece that man of the Financial Services Com- this bill to the floor throughout this will honor the lives of the astronauts mittee, Mr. BARNEY FRANK. And I process. I want to thank my colleague who have lost their lives in the explo- thank him so very much for his leader- from Houston, Congresswoman SHEILA ration of space. On that $50 gold piece ship. JACKSON-LEE. Thank you so much, will be an image of the sun. Then ar- Mr. FRANK of Massachusetts. SHEILA. It’s been a pleasure working ranged around it will be nine silver- Madam Speaker, I am very happy to with you on this important bill hon- proof dollars, each one representing a see this bill here today; one, because it oring the 50th anniversary of NASA, an different planet in our solar system is important that we commemorate organization whose exploration of and each one commemorating missions NASA. And secondly, as a tribute to outer space has truly touched the lives to that planet as put together by each the persistence of the gentlewoman and hearts, I think, of every American of the different NASA centers. And the from Houston and the gentleman from today, can relate to the experience I silver dollar for the planet Earth will Houston, I am particularly glad that know so many Americans had on the of course have on the reverse side a de- we are passing this bill because it will 31st of January, 1958, when the very sign emblematic of the Apollo mission mean I will get an extra 2 hours a week first U.S. satellite, Explorer 1, was as well as Earth orbital missions. because I’ve spent about 2 hours a week launched into orbit. In response to the This commemorative coin set, talking to them since January. So for Soviet Union’s launching of Sputnik, Madam Speaker, is just one small piece both reasons, I am very happy that this the Jet Propulsion Laboratory, which of ongoing work that Congress is doing very worthy bill is about to pass.

VerDate Aug 31 2005 03:10 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.187 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8925 I submit the following correspond- Flight Research Center; the Glenn Re- pressive record of accomplishments that ence: search Center; the Goddard Space should be a source of pride to all Americans. COMMITTEE ON WAYS AND MEANS Flight Center, that is our neighbor As a representative of the Gulf Coast of Washington, DC, July 30, 2007. here in the Washington, D.C. area and Texas, which is home to many of NASA’s HON. BARNEY FRANK, represented by our own majority lead- most significant triumphs, I have had the op- Chairman, Financial Services Committee, er, Mr. HOYER, which I would like to portunity to meet many NASA employees. I Washington, DC. pay a special tribute and appreciation have always been impressed by their profes- DEAR BARNEY: I am writing regarding H.R. to, and to his staff and his chief of 2750, the NASA 50th Anniversary Commemo- sionalism and dedication to their mission. rative Coin Act. staff; the Jet Propulsion Lab that is in What philosopher Ayn Rand wrote of the As you know, the Committee on Ways and California; the Kennedy Space Center moon landing in 1969 applies to all of NASA’s Means maintains jurisdiction over bills that in Florida; the Langley Research Cen- missions: ‘‘Think of what was required to raise revenue. H.R. 2750 contains a provision ter; the Marshall Space Flight Center; achieve that mission: think of the unpitying ef- that establishes a surcharge for the sale of the Stennis Space Center; and of course fort; the merciless discipline; the courage; the commemorative coins that are minted under the Johnson Space Flight Center in responsibility of relying on one’s judgment; the the bill, and thus falls within the jurisdic- Houston, Texas. All of these will be days, nights and years of unswerving dedica- tion of the Committee on Ways and Means. recognized. However, as part of our ongoing under- tion to a goal; the tension of the unbroken standing regarding commemorative coin And certainly to the astronauts and maintenance of a full, clear mental focus; and bills and in order to expedite this bill for certainly to the loved ones of those the honesty. It took the highest, sustained acts Floor consideration, the Committee will fallen, and yet the future astronauts, of virtue to create in reality what had only forgo action. This is being done with the un- who will be trained by funding in this been dreamt of for millennia.’’ I encourage all derstanding that it does not in any way prej- bill, I thank them again. Let me thank of my colleagues and all Americans to join me udice the Committee with respect to the ap- Mr. OBEY of Mr. FRANK’s staff, and my in commending NASA for 50 years of accom- pointment of conferees or its jurisdictional staff, Mr. Tsehai and Mr. BERRY. plishments by supporting H.R. 2750. prerogatives on this bill or similar legisla- Mr. CULBERSON. Will the gentle- Ms. JACKSON-LEE of Texas. Madam tion in the future. I would appreciate your response to this woman yield? Speaker, I yield back the balance of letter, confirming this understanding with Ms. JACKSON-LEE of Texas. I would my time. respect to H.R. 2750, and would ask that a be happy to yield. The SPEAKER pro tempore. The copy of our exchange of letters on this mat- Mr. CULBERSON. If I could yield question is on the motion offered by ter be included in the record. quickly for a point of legislative intent the gentlewoman from Texas (Ms. Sincerely, clarification. JACKSON-LEE) that the House suspend CHARLES B. RANGEL, I notice the intent of my cosponsor the rules and pass the bill, H.R. 2750, as Chairman. that these centers, and I agree com- amended. pletely, they all need to be recognized The question was taken. COMMITTEE ON FINANCIAL SERVICES, and honored, but of course the front of Washington, DC. July 30, 2007. The SPEAKER pro tempore. In the Hon. CHARLES B. RANGEL, the coin is going to represent each one opinion of the Chair, two-thirds being Chairman, Committee on Ways and Means, of the nine planets. And it is your in- in the affirmative, the ayes have it. Washington, DC. tent, as I know it is mine, that the re- Mr. FRANK of Massachusetts. DEAR CHARLIE: I am writing in response to verse of the coin reflect and honor the Madam Speaker, on that I demand the your letter regarding H.R. 2750, the ‘‘NASA research center that contributed to yeas and nays. 50th Anniversary Commemorative Coin missions to that particular planet is The yeas and nays were ordered. Act,’’ which was introduced in the House and what I’m confident you mean. The SPEAKER pro tempore. Pursu- referred to the Committee on Financial Ms. JACKSON-LEE of Texas. The Services on June 15, 2007. It is my under- ant to clause 8 of rule XX and the standing that this bill be scheduled for floor calling out of the names of the centers, Chair’s prior announcement, further consideration shortly. if I may reclaim my time, is to indi- proceedings on this motion will be I wish to confirm our mutual under- cate that all of them are part of the postponed. standing on this bill. As you know, section 7 NASA family. And we are honoring of the bill establishes a surcharge for the NASA for its 50 years, so we wanted to f sale of commemorative coins that are mint- make sure all of them were counted in SUPPORTING THE GOALS AND ed under the bill. I acknowledge your com- the RECORD. IDEALS OF NATIONAL PURPLE mittee’s jurisdictional interest in such sur- Mr. CULBERSON. But in particular, charges as revenue matters. However, I ap- HEART RECOGNITION DAY in relation to those planets that they preciate your willingness to forego com- Mrs. BORDALLO. Madam Speaker, I led the effort to explore. mittee action on H.R. 2750 in order to allow move to suspend the rules and agree to Ms. JACKSON-LEE of Texas. That is the bill to come to the floor expeditiously. I the Senate concurrent resolution (S. correct. agree that your decision to forego further ac- Con. Res. 27) supporting the goals and tion on this bill will not prejudice the Com- Mr. CULBERSON. Thank you very mittee on Ways and Means with respect to much. ideals of ‘‘National Purple Heart Rec- its jurisdictional prerogatives on this or Ms. JACKSON-LEE of Texas. Madam ognition Day,’’ as amended. similar legislation. I would support your re- Speaker, we are hoping that all of the The Clerk read the title of the Senate quest for conferees on those provisions with- young people will enjoy this coin, and concurrent resolution. in your jurisdiction should this bill be the we hope that it will further science and The text of the Senate concurrent subject of a House-Senate conference. resolution is as follows: I will include this exchange of letters in exploration. I would ask my colleagues, S. CON. RES. 27 the Congressional Record when this bill is and thanking my cosponsor and the considered by the House. Thank you again 300-plus Members of this House, in sup- Whereas the Purple Heart is the oldest for your assistance. porting this bill. military decoration in present use; BARNEY FRANK, I ask my colleagues to support this Whereas the Purple Heart is awarded in Chairman. bill and move us forward in science and the name of the President of the United States to members of the Armed Forces who Mr. CULBERSON. Madam Speaker, I opportunity for a greater future for are wounded in action against an enemy of thank my coauthor, and I urge Mem- this country. the United States or are wounded while held bers of the House to pass this legisla- Mr. PAUL. Mr. Speaker, I am pleased to co- as prisoners of war, and is awarded post- tion honoring NASA’s 50th anniver- sponsor H.R. 2750, which directs the United humously to the next of kin of members of sary. States Treasury to create a commemorative the Armed Forces who are killed in action I yield back the balance of my time. coin honoring the 50th Anniversary of the Na- against an enemy of the United States or Ms. JACKSON-LEE of Texas. As I tional Aeronautics and Space Administration who die of wounds received in action against close, Madam Speaker, let me simply an enemy of the United States; (NASA). From the early space flights of the Whereas the Purple Heart was established put in the RECORD the different re- 1960s to Neil Armstrong’s ‘‘small step for on August 7, 1782, during the Revolutionary search centers that will be honored: mankind’’ to last year’s successful missions of War, when General George Washington The Ames Research Center in Cali- the Space Shuttle Atlantis and the Space issued an order establishing the Badge of fornia; Silicon Valley; the Dryden Shuttle Discovery, NASA’s has a long and im- Military Merit;

VerDate Aug 31 2005 03:10 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.197 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8926 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Whereas the award of the Purple Heart tion to recognize our military going Mr. HALL of New York. Madam ceased with the end of the Revolutionary into harm’s way, to pray for their safe Speaker, National Purple Heart Rec- War, but was revived in 1932, the 200th anni- return, and when that fateful moment ognition Day is August 7, 2007. This versary of George Washington’s birth, out of comes, to honor the bravery and the year, we celebrate the 225th anniver- respect for his memory and military achieve- ments; and courage of warriors who did not blink sary of the Badge of Military Merit. Whereas observing National Purple Heart in the face of danger, but who sac- This medal, the forerunner of the mod- Recognition Day is a fitting tribute to rificed for the democratic ideals that ern Purple Heart, was designed by GEN George Washington and to the more than 1.5 we cherish. George Washington in his headquarters million recipients of the Purple Heart: Now, That is why a resolution supporting a in Newburgh, New York, in the Hudson therefore, be it national day to commemorate our River Valley. Resolved by the Senate (the House of Rep- brave men and women who have so val- The badge, given for ‘‘any singularly resentatives concurring), That Congress— iantly earned the Purple Heart has meritorious Action,’’ was the ‘‘figure of (1) supports the goals and ideals of ‘‘Na- been brought to the floor of Congress a Heart in Purple Cloth or Silk edged tional Purple Heart Recognition Day’’; today. (2) encourages all people in the United with narrow Lace or Binding to be States to learn about the history of the Pur- I want to take this moment to recog- worn on the uniform coat above the ple Heart and to honor its recipients; and nize our colleagues in the other body, left breast.’’ (3) calls upon the people of the United the gentlewoman from New York, the After falling into disuse after the States to conduct appropriate ceremonies, honorable Mrs. CLINTON, and the gen- Revolutionary War, GEN Douglas Mac- activities, and programs to demonstrate sup- tleman from Nebraska (Mr. HAGEL) for Arthur had a new medal designed based port for members of the Armed Forces who their sponsorship of this resolution. on the Badge of Military Merit. This have been awarded the Purple Heart. Madam Speaker, I reserve the bal- medal, the modern Purple Heart, was The SPEAKER pro tempore. Pursu- ance of my time. awarded for meritorious action or for ant to the rule, the gentlewoman from Mr. JONES of North Carolina. receiving a wound in combat with the Madam Speaker, I yield myself such Guam (Ms. BORDALLO) and the gen- enemy. tleman from North Carolina (Mr. time as I may consume. Since that time, more than 1.5 mil- Madam Speaker, I rise in strong sup- JONES) each will control 20 minutes. lion people have received the Purple port of this resolution that calls upon The Chair recognizes the gentle- Heart. These men and women sacrificed all people in the United States to con- woman from Guam. for our country. Many never came duct appropriate ceremonies, activities GENERAL LEAVE home. The Purple Heart recognizes and programs to demonstrate support, Ms. BORDALLO. Madam Speaker, I their sacrifice and their service pro- thanks and appreciation for the esti- ask unanimous consent that all Mem- tecting the rights and liberties we mated 1.5 million very special members bers have 5 legislative days within enjoy at home. of the Armed Forces, past and present, which to revise and extend their re- National Purple Heart Recognition who have been awarded the Purple marks on the resolution under consid- Day serves to remind the country of eration. Heart. The Purple Heart is awarded only for those who have suffered injury or death The SPEAKER pro tempore. Is there those who are killed or wounded in ac- in the defense of our country. It is al- objection to the request of the gentle- tion against the United States of ways right to remember and honor woman from Guam? America. So it is fitting that we honor those who have sacrificed, and this res- There was no objection. and recognize their sacrifices on Na- olution encourages Americans to learn Ms. BORDALLO. Madam Speaker, I more about the history of the Purple yield myself such time as I may con- tional Purple Heart Recognition Day, as well as recall GEN George Washing- Heart and its recipients. sume. This year, on National Purple Heart ton’s order 225 years ago on August 7, I rise today in support of Senate Con- Recognition Day, recipients and their 1782, that established the Badge of current Resolution 27, which calls upon families will come together at the Pur- Military Merit, the predecessor of the this Nation to take one day per year to ple Heart Hall of Honor in the town of Purple Heart. honor those brave warriors whose tre- New Windsor at the New Windsor Can- mendous dedication and self-sacrifice b 2015 tonment site in the Hudson River Val- have earned them the Purple Heart. In 2001, in connection with the an- ley of New York, in New York’s 19th As noted earlier today, the Purple nouncement of the creation of the Na- Congressional District, which I am Heart is awarded by a grateful Nation tional Purple Heart Hall of Honor, my proud to represent, and Orange County, to those brave soldiers, marines, sail- former colleague, Ben Gilman, a New a county which the aforementioned ors and airmen who have been wounded York Representative, a World War II Congressman Gilman represented so in battle while protecting their fellow veteran of the Army Air Corps, made ably. There, they will recognize the an- citizens from enemies of the United the following statement. It is a state- niversary of the Badge of Military States. ment that for me helps to put in con- Merit, the 75th anniversary of the Pur- Established in 1792 during the Revo- text why we should make a special ef- ple Heart, and, most importantly, the lutionary War as the Badge of Military fort on National Purple Heart Recogni- price that the recipients and their fam- Merit, this sacred metal was revived in tion Day. Congressman Gilman said: ilies have paid protecting our country. 1932, 200 years after the birth of George ‘‘The Purple Heart is probably the I ask that the House pass this resolu- Washington. To date, there have been most recognizable military award in tion to recognize those who will gather over 1.5 million recipients of the Pur- the United States. Every school child in New Windsor on August 7 to honor ple Heart. This number gives me pause. knows the medal is awarded to our the sacrifices and suffering of Purple Over 1.5 million Americans have been brave American military who are Heart recipients and their families and wounded, injured, and some have even wounded in the line of duty.’’ to remember those who paid the ulti- given their lives so that we might If we are to ensure that Americans, mate price and are no longer with us. stand here today as the oldest democ- even down to every school child, con- Mr. JONES of North Carolina. racy in the world. Their families have tinue to recognize the significance of Madam Speaker, I yield back the bal- endured hardship; their children have the Purple Heart and the sacrifices of ance of my time. had to deal with fear and uncertainty the men and women who earned it, Ms. BORDALLO. Madam Speaker, I that their brave and heroic father or then we must make the effort to com- have no further requests for time, and mother may not return from keeping memorate and educate this and future I yield back the balance of my time. them safe. generations. Support for this resolu- The SPEAKER pro tempore. The I cannot help but feel that we, as tion is one way to begin that effort. question is on the motion offered by beneficiaries of this sacrifice, owe Madam Speaker, I reserve the bal- the gentlewoman from Guam (Ms. these brave men and women time to re- ance of my time. BORDALLO) that the House suspend the flect on the price of our freedom. We Ms. BORDALLO. Madam Speaker, I rules and concur in the Senate concur- should stand shoulder to shoulder with yield 2 minutes to the gentleman from rent resolution, S. Con. Res. 27, as the military families of this great Na- New York (Mr. HALL). amended.

VerDate Aug 31 2005 03:10 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.188 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8927 The question was taken; and (two- GENERAL LEAVE wounded veterans, promote patriotism, thirds being in the affirmative) the Ms. BORDALLO. Madam Speaker, I support necessary legislative initia- rules were suspended and the Senate ask unanimous consent that all Mem- tives, and, most importantly, provide concurrent resolution was concurred bers have 5 legislative days within service to all veterans and their fami- in. which to revise and extend their re- lies. It fulfills this mission through A motion to reconsider was laid on marks on the resolution under consid- community and volunteer efforts and the table. eration. by employing low-income combat vet- f The SPEAKER pro tempore. Is there erans. Their sacrifice and dedication to RECOGNIZING 75TH ANNIVERSARY objection to the request of the gentle- this country are a testament to the OF THE MILITARY ORDER OF woman from Guam? quality of individuals who volunteer to THE PURPLE HEART There was no objection. serve our Nation in uniform. Ms. BORDALLO. Madam Speaker, I So it is important that we honor this Ms. BORDALLO. Madam Speaker, I yield myself such time as I may con- sacrifice by congratulating the Mili- move to suspend the rules and agree to sume. tary Order of the Purple Heart on its the concurrent resolution (H. Con. Res. Madam Speaker, I rise today in sup- 75th anniversary, commend all recipi- 49) recognizing the 75th anniversary of port of House Concurrent Resolution ents of the Purple Heart for their cour- the Military Order of the Purple Heart 49, introduced by the gentleman from age and sacrifice on behalf of the and commending recipients of the Pur- North Carolina (Mr. JONES), my good United States, and encourage all Amer- ple Heart for their courageous dem- friend and colleague on the House icans to take time to learn about the onstrations of gallantry and heroism Armed Services Committee. on behalf of the United States, as Purple Heart and the honor, the cour- This resolution honors the men and age, and the bravery it symbolizes. amended. women in the Armed Forces who have The Clerk read the title of the con- I would also like to note that the demonstrated selfless and heroic acts current resolution. Guam Chapter of the Military Order of The text of the concurrent resolution on the field of battle. They are recipi- the Purple Heart has been a tremen- is as follows: ents of the Purple Heart. I am also dous community leader for all veterans proud to be a cosponsor of this resolu- H. CON. RES. 49 on Guam. Their voice is heard through tion that so rightly honors those in Whereas the Purple Heart is a combat representation on the Guam Veterans decoration awarded to members of the uniform who sacrifice so much for our Advisory Council. Our Guam chapter is Armed Forces who are wounded by an instru- country. also accredited to provide assistance to ment of war wielded by the enemy and post- This year marks the 75th anniversary veterans who are applying for VA bene- humously to the next of kin in the name of of a medal awarded to soldiers, ma- fits. The group has been a critical part- members who are killed in action or die of rines, airmen and sailors who have ner for our Nation’s most deserving, wounds received in action; been wounded or killed by an enemy in and we know that the Military Order of Whereas the Purple Heart was originally combat. To date, over 1.5 million mem- the Purple Heart has stood just as conceived as the Badge of Military Merit by bers of the Armed Forces have been General George Washington on August 7, strong in communities across the Na- 1782; awarded the Purple Heart, or its prede- tion. Whereas 2007 marks the 225th anniversary cessor, the Badge of Military Merit, in At this time, Madam Speaker, I of the Badge of Military Merit, the prede- conflicts spanning from the Civil War would like to thank Mr. JONES, the cessor of the Purple Heart Medal; to the present-day Operation Iraqi sponsor, for his leadership in this Whereas the practice of awarding the Pur- Freedom and the war on terrorism. cause. ple Heart was revived in 1932, the 200th anni- The Purple Heart was revived in 1932 Madam Speaker, I reserve the bal- versary of George Washington’s birth, out of on the 200th anniversary of President ance of my time. respect for his memory and military achieve- George Washington’s birth. Originally Mr. JONES of North Carolina. ments; Whereas over 1.5 million Purple Heart Med- awarded only to Army soldiers in 1942, Madam Speaker, I yield myself such als have been awarded to members of the President Franklin Delano Roosevelt time as I may consume. Armed Forces fighting in defense of freedom extended the honor to all military Madam Speaker, I thank the gentle- and democracy in the Civil War, the Spanish- services. In 1962, President John F. woman from Guam for her very kind American War, World War I, World War II, Kennedy extended the honor to civil- remarks and comments. the Korean War, the Vietnam War, Somalia, ians working alongside the military in Madam Speaker, I rise in strong sup- Bosnia, Operation Desert Storm, Operation the time of war. port of my resolution that honors the Enduring Freedom, Operation Iraqi Free- The Purple Heart is recognized as the Military Order of the Purple Heart on dom, and other expeditionary conflicts; oldest military honor in the United its 75th anniversary. The Purple Heart Whereas the organization known as the Military Order of the Purple Heart was States that is still in use and the first was originally conceived as the Badge formed on October 19, 1932, for the protection to be given to any soldier who is of Military Merit by GEN George and mutual interest of members of the wounded or killed by an enemy of the Washington on August 7, 1782. However, Armed Forces who have received the Purple United States. it had fallen into disuse after the Revo- Heart; and Faced with situations from which lutionary War. Whereas the Military Order of the Purple most people would shrink, our Nation’s The practice of awarding the Purple Heart is composed exclusively of recipients warriors have gone boldly into battle Heart was revived in 1932, as the gen- of the Purple Heart: Now, therefore, be it Resolved by the House of Representatives (the and met democracy’s enemies with a tlewoman said, at the 200th anniver- Senate concurring), That Congress— fierce commitment to protect those sary of George Washington’s birth. The (1) congratulates the Military Order of the liberties that allow all of us to stand organization now known as the Mili- Purple Heart on its 75th anniversary as a na- here today. They recognized the truth tary Order of the Purple Heart was also tional organization whose goals are to pre- so often overlooked by their fellow formed in 1932 for the protection and serve and sustain the honor of the Armed citizens: a free Nation requires con- the mutual interest of all who have re- Forces; stant protection and constant protec- ceived the decoration. This year will (2) commends all recipients of the Purple tors. mark the 75th anniversary of fostering Heart for their courage and sacrifice on be- half of the United States; and Even in our modern age, complete an environment of goodwill and (3) encourages all Americans to take time with all the technology that human in- comradery among combat-wounded to learn about the Purple Heart and the tellect can muster, our men and women veterans. honor, courage, and bravery it symbolizes. in the Armed Forces continue to prove The Purple Heart is a combat decora- The SPEAKER pro tempore. Pursu- that it is selfless and patriotic citizens tion awarded to Members of the Armed ant to the rule, the gentlewoman from that must ultimately stand tall to pro- Forces who are wounded by an instru- Guam (Ms. BORDALLO) and the gen- tect our great Nation. ment of war wielded by the enemy and tleman from North Carolina (Mr. Formed in 1932, the Military Order of posthumously to the next of kin in the JONES) each will control 20 minutes. the Purple Heart has the solemn obli- name of members who are killed in ac- The Chair recognizes the gentle- gation and duty to foster an environ- tion or die of wounds received in ac- woman from Guam. ment of goodwill among combat- tion.

VerDate Aug 31 2005 03:10 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.190 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8928 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Over 1.5 million Purple Heart medals ployment of any Army National Guard unit the 1st Brigade Combat Team of the have been awarded to members of the during Operation Iraqi Freedom; 34th Infantry Division, this Iowa bat- Armed Forces fighting in defense of Whereas the 1st Battalion, 133rd Infantry talion has completed the longest con- freedom and democracy. Today, more is the longest-serving Iowa Army National tinuous deployment of any Army Na- Guard unit since World War II; than 500,000 recipients of the Purple Whereas the CBS program ‘‘60 Minutes’’ tional Guard unit during the Iraqi war, Heart are still living. devoted an entire hour to telling the story of and is the longest deployed Iowa Guard By this resolution, Congress con- the 1st Battalion, 133rd Infantry on May 27, unit since the Second World War. gratulates the Military Order of the 2007; They have completed over 500 mis- Purple Heart on its 75th anniversary as Whereas the members of the 1st Battalion, sions and logged over 4 million mission a national organization whose goals 133rd Infantry have completed over 500 mis- miles, delivering over one-third of the are to preserve and sustain the honor sions providing security for convoys oper- fuel needed to sustain coalition forces of the Armed Forces. It strongly com- ating in the al-Anbar Province; in Iraq. Whereas the members of the 1st Battalion, While performing operations in mends all recipients of the Purple 133rd Infantry have logged over 4 million Heart for their courage and sacrifice. mission miles, and have delivered over one- Anbar, this battalion dutifully de- Americans should take time to learn third of the fuel needed to sustain coalition tained over 60 insurgents, and they re- about the Purple Heart and the honor, forces in Iraq; mained steadfast and strong when their courage, and bravery it symbolizes. Whereas the members of the 1st Battalion, tour was extended at a time when this Madam Speaker, I yield back the bal- 133rd Infantry have detained over 60 insur- country needed their leadership. ance of my time. gents; On September 30, 2006, Sergeant First Ms. BORDALLO. Madam Speaker, I Whereas the members of the 1st Battalion, Class Scott E. Nisely and Sergeant have no further requests for time, and 133rd Infantry were scheduled to return Kampha B. Sourivong paid the ulti- home in April 2007, but had their tours of mate sacrifice and courageously laid I yield back the balance of my time. duty extended until July 2007; The SPEAKER pro tempore. The Whereas the members of the 1st Battalion, down their lives for this Nation. It is a question is on the motion offered by 133rd Infantry left behind civilian jobs, solemn and sad occasion when this the gentlewoman from Guam (Ms. friends, and families in order to serve the country’s sons and daughters give so BORDALLO) that the House suspend the United States; much, and often words are insufficient rules and agree to the concurrent reso- Whereas 1st Battalion, 133rd Infantry to describe the humble gratitude and lution, H. Con. Res. 49, as amended. members Sergeant 1st Class Scott E. Nisely dignified thanks that we owe these The question was taken; and (two- and Sergeant Kampha B. Sourivong gave the brave soldiers and their families. In thirds being in the affirmative) the ultimate sacrifice for their country when times of war, Madam Speaker, it is im- they were tragically killed during combat rules were suspended and the concur- operations near Al Asad, Iraq, on September portant that this Nation, this House, rent resolution, as amended, was 30, 2006; and halt for a brief moment and speak with agreed to. Whereas the United States will be forever actions what words cannot articulate. The title was amended so as to read: indebted to the soldiers and families of the I am honored to rise today on the ‘‘Concurrent resolution recognizing the 1st Battalion, 133rd Infantry for their sac- floor of this House to express the 75th anniversary of the Military Order rifices and their contributions to the United thanks of a grateful Nation to the of the Purple Heart and commending States mission in Iraq: Now, therefore be it members and the families of the 1st recipients of the Purple Heart for their Resolved, That the House of Representa- Battalion of the 133rd Infantry of the tives honors and expresses gratitude for the courage and sacrifice on behalf of the service and sacrifices of the members and Iowa National Guard upon their return United States.’’. families of the 1st Battalion of the 133rd In- home from their deployment in Iraq. A motion to reconsider was laid on fantry of the Iowa National Guard upon their The story of Iowa’s 1st Battalion of the table. return home from their deployment in Iraq. the 133rd Infantry is even more re- f The SPEAKER pro tempore. Pursu- markable because their extended tour ant to the rule, the gentlewoman from of duty in Iraq was a crucial compo- HONORING AND EXPRESSING nent of the surge policy. This battalion GRATITUDE TO THE 1ST BAT- Guam (Ms. BORDALLO) and the gen- tleman from North Carolina (Mr. made a great sacrifice that has im- TALION OF THE 133RD INFANTRY pacted their family lives and their OF THE IOWA NATIONAL GUARD JONES) each will control 20 minutes. The Chair recognizes the gentle- jobs. However, their unfaltering will- Ms. BORDALLO. Madam Speaker, I woman from Guam. ingness to serve an extended tour al- move to suspend the rules and agree to GENERAL LEAVE lowed the National Guard to reset the the resolution (H. Res. 568) honoring Ms. BORDALLO. Madam Speaker, I force and begin the process of serving and expressing gratitude to the 1st ask unanimous consent that all Mem- in more predictable deployment cycles. Battalion of the 133rd Infantry bers have 5 legislative days within They not only sacrificed for our free- (‘‘Ironman Battalion’’) of the Iowa Na- which to revise and extend their re- dom, but for the betterment of their tional Guard. marks on the resolution under consid- fellow guardsmen across the Nation. The Clerk read the title of the resolu- eration. I want to take this opportunity to tion. The SPEAKER pro tempore. Is there thank the men and women of the Iowa The text of the resolution is as fol- objection to the request of the gentle- National Guard, including MG Ron lows: woman from Guam? Dardis, Iowa’s Adjutant General. H. RES. 568 There was no objection. Today this House joins the Iowa dele- Whereas 476 members of the 1st Battalion, Ms. BORDALLO. Madam Speaker, I gation in bringing this deserving rec- 133rd Infantry of the Iowa National Guard yield myself such time as I may con- ognition of their National Guard. We were mobilized for active duty in September sume. want to commend Mr. BRALEY for his and October of 2005; leadership in support of the National Whereas 80 members of the 1st Battalion, Madam Speaker, I rise today in sup- port of House Resolution 568, intro- Guard. 133rd Infantry have been providing essential Today’s resolution again highlights support to the Battalion from Iowa National duced by my colleague from Iowa, Mr. Guard installations in Waterloo, Iowa, and BRALEY, which recognizes the bravery the important role that the National Dubuque, Iowa, and at least 490 members of and the tremendous self-sacrifice of the Guard continues to fulfill through war- the 1st Battalion, 133rd Infantry were de- 1st Battalion of the 133rd Infantry of time requirements. Indeed, the Na- ployed to Iraq in April and May of 2006; the Iowa National Guard. tional Guard is now an operational Whereas the members of the 1st Battalion, force that can simultaneously provide 133rd Infantry have been serving bravely and b 2030 wartime capabilities while protecting honorably since those dates in the al-Anbar Beginning in September of 2005, this the homeland. And to achieve this mis- Province of Iraq, one of the most dangerous ‘‘Ironman Battalion’’ was mobilized for sion, it has taken the participation and parts of the country; Whereas the 1st Battalion, 133rd Infantry active duty, and by April 2006, 490 support of every State and territory deployed as part of the 1st Brigade Combat members were deployed to al-Anbar National Guard. All of us are very Team of the 34th Infantry Division, which Province to support Operation Iraqi proud of our National Guard units, and has completed the longest continuous de- Freedom. Since deploying as part of I am very proud of the contributions of

VerDate Aug 31 2005 03:10 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.192 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8929 the Guam National Guard to missions want to personally thank them for resolution, and I urge my colleagues to vote in abroad and in the homeland. Today we their service to our country. The brave favor of it today in order to pay tribute to this recognize a National Guard battalion men and women who make up the unit incredible group of Iowans. who has sacrificed above and beyond are something that we are very proud Last Wednesday was truly a momentous the normal call of duty and expecta- of, and I feel some relation to them, as day in Iowa as the members of the 1–133rd tions placed upon them. others do in the Congress, because of were reunited with their friends, family, and Madam Speaker, I reserve the bal- my own past service in another war. So loved ones at a homecoming ceremony in Wa- ance of my time. I appreciate it very much. terloo after more than a year of service in Iraq. Mr. JONES of North Carolina. And I am also aware of the sacrifices The members and families of the 1–133rd Madam Speaker, I yield myself such made by the families. And I think you have been in Iowans’ thoughts and prayers, time as I may consume. should know that as the troops were and this day of reunion and celebration had Madam Speaker, I rise in strong sup- coming up the highway, as they passed been eagerly awaited, since the Battalion left port of this resolution and commend under bridges, there were VFW and for Iraq last spring. the gentleman from Iowa (Mr. BRALEY) American Legion and other services Iowans’ admiration and love for the mem- for introducing it. This specific resolu- and families who were on the bridges bers of the 1–133rd was palpable in Waterloo tion honors and expresses gratitude for with flags walking them home, making as an overflow crowd of an estimated 8,000 the service in Iraq of the 1st Battalion, them know how much they were appre- people packed Riverfront Stadium to welcome 133rd Infantry, known as the ‘‘Ironman ciated and how much they were missed. the hundreds of men and women of the Bat- Battalion’’ of the Iowa Army National Those families play a very important talion home. As the Battalion drove the final Guard. Their service has been long and role, which we should all appreciate, in miles from Ft. McCoy in Wisconsin, Iowans honorable. ensuring freedom and liberty. lined the road to wave at the 1–133rd and The soldiers of this battalion mobi- So I want to thank the mothers and waved American flags from overpasses. lized in the fall of 2005, deployed to Iraq fathers and the spouses and the sons Sadly, the day was also made bittersweet by in the spring of 2006, were due to come and daughters who had and have loved the absence of 1–133rd members SGT 1st home in April of this year, but had ones serving around the world. Class Scott Nisely and SGT Kampha their tour extended until July of 2007. I appreciate the opportunity to speak Sourivong, who gave the ultimate sacrifice for For 15 months, their ‘‘boots on the here tonight, and hope that we can their country when they were tragically killed ground’’ made a difference in the al- raise up and give recognition and ap- during combat operations in Iraq on Sep- Anbar Province, one of the most dan- preciation to all of our men and women tember 30, 2006. gerous areas in Iraq. They completed who serve our country and do it with Many of my colleagues here may already be more than 500 convoy security mis- distinction. We should be very proud. I familiar with the men and women of the 1– sions, logged over 4 million mission am, and I know all of us are. miles, and delivered over one-third of Mr. LATHAM. Madam Speaker, I rise in 133rd if they saw the Memorial Day special the fuel needed to sustain coalition strong support of this resolution honoring the edition of ‘‘60 Minutes’’ that was dedicated to forces in Iraq. 1st Battalion, 133rd Infantry of the Iowa Na- telling the story of the Battalion. While it is im- The battalion came home to Iowa on tional Guard. This unit returned last week from possible for those who have not served in Iraq July 25 to welcoming and thankful a deployment lasting nearly 23 consecutive to fully understand the experiences of the 1– families and communities, completing months in Iraq, which is the longest contin- 133rd there, or to comprehend the sacrifices a 22-month mobilization. That period uous deployment of any Army National Guard that they and their families have made on be- of honorable service made the bat- Unit during Operation Iraqi Freedom. This dis- half of our country, this program gave Ameri- talion the longest serving Iowa Army tinction carries on the 1st Battalion’s proud cans a small glimpse of the challenges the National Guard unit since World War historical legacy: Since the Second World War members of the 1–133rd and their families II. the unit served more consecutive days in the faced throughout their long deployment, as While serving in Iraq, two members European theatre than any other unit. well as into their incredible perseverance. of the battalion were killed in action in In Operation Iraqi Freedom, the 1st Bat- Iowans who watched the ‘‘60 Minutes’’ spe- September of 2006: Sergeant First Class talion carried out a critical mission in one of cial featuring the 1–133rd saw the story of Scott Nisely and Sergeant Kampha B. the most dangerous areas of Iraq. The unit their friends, neighbors, and loved ones who Sourivong. drove over 4 million miles providing security chose to serve and sacrifice when their coun- For their ultimate sacrifice and for for convoys supplying thousands of U.S. try called upon them. We saw the daily threats the service and sacrifice of the mem- troops. I want to commend the soldiers of the of roadside bombs, insurgents, and snipers bers and families of the 1st Battalion, 1st Battalion for their successful completion of faced by the members of the 1–133rd in Iraq 133rd Infantry, the Nation owes a debt over 500 missions. as they helped deliver fuel to coalition forces. of gratitude. This resolution helps to These soldiers and their families have made We saw families adjusting back home, and remind us of that debt. Today, Con- tremendous sacrifices to further the U.S. mis- banding together to help one another. We saw gress, by this resolution, honors and sion in Iraq and for that we owe them a debt the hardship and heartache that was experi- thanks the men and women of this unit of gratitude. Tragically, this sacrifice included enced by the members and their families and their families for their dedication more than 25 wounded and the deaths of two when they received the news that their tour of and selfless service to the people of members of the unit who made the ultimate duty was to be extended from April until this America. sacrifice. SGT 1st Class Scott Nisely and SGT summer. We saw children born while fathers Madam Speaker, I reserve the bal- Kampha Sourivong were killed in combat op- were overseas, and we saw the lives of our ance of my time. erations on September 30, 2006. Our Nation fellow Iowans cut tragically short. For me, the Ms. BORDALLO. Madam Speaker, I will forever be grateful to these heroes who program reinforced what I had already learned yield 2 minutes to the gentleman from made the ultimate sacrifice to protect our free- about the members of the 1–133rd from my Iowa (Mr. BOSWELL). doms. frequent communications with their com- Mr. BOSWELL. Madam Speaker, I Madam Speaker, I urge my colleagues to manding officer, LTC Ben Corell: that they are thank the gentlewoman for yielding me support this important recognition of one of men and women of great strength and char- this time to speak on this very impor- our Nation’s finest National Guard Units. acter who selflessly and bravely put their lives tant occasion. Mr. BRALEY of Iowa. Madam Speaker, I on the line every day for their country in Iraq. As an original cosponsor of this reso- rise today to support the passage of H. Res. Throughout their long tour of duty in the al- lution, I join with my good friend and 568, a bill honoring and expressing gratitude Anbar province of Iraq, one of the most dan- colleague, and many others, Represent- to the members and families of the 1st Bat- gerous parts of the country, the 1–133rd de- ative BRALEY of Iowa, as we celebrate talion of the 133rd Infantry of the Iowa Na- tained over 60 insurgents. They completed the great service this unit has given. tional Guard. My introduction of this bill last over 500 missions providing security for con- They are brave people. You have week coincided with the long-awaited home- voys, and logged in over 4 million mission heard the time they served. They re- coming of the 1–133rd, known as the miles. In addition, they have delivered over turned home with the distinction of ‘‘Ironman Battalion,’’ after a long and extended one-third of the fuel needed to sustain coali- being the longest serving Iowa Na- deployment in Iraq. I am glad that the House tion forces in Iraq. Their crucial service, and tional Guard unit since World War II. I has moved swiftly to consider this important their extended deployment, are also reflective

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 7634 Sfmt 9920 E:\CR\FM\K30JY7.195 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8930 CONGRESSIONAL RECORD — HOUSE July 30, 2007 of the critical and increasing role of the Na- bill (H.R. 2722) to restructure the Coast task order that was issued before the date of en- tional Guard in our defense missions over- Guard Integrated Deepwater Program, actment of this Act, if there is no change in the seas. Their contributions to the U.S. mission in and for other purposes, as amended. quantity of assets or the specific type of assets Iraq are indeed impressive and commendable, The Clerk read the title of the bill. procured. (c) REQUIRED CONTRACT TERMS.—The Sec- which is why I believe that the entire country The text of the bill is as follows: retary shall include in each contract, sub- should honor and thank the men and women H.R. 2722 contract, and task order issued under the Deep- of the 1–133rd for their service and their sac- Be it enacted by the Senate and House of Rep- water Program after the date of the enactment rifices there through the passage of this reso- resentatives of the United States of America in of this Act the following provisions, as applica- lution. Congress assembled, ble: The 1st Battalion of the 133rd Infantry of the SECTION 1. SHORT TITLE. (1) TECHNICAL REVIEWS.—A requirement that Iowa National Guard is notable for other rea- This Act may be cited as the ‘‘Integrated the Secretary shall conduct a technical review sons as well. They are the longest-serving Deepwater Program Reform Act’’. of all proposed designs, design changes, and en- Iowa military unit since World War II. They are gineering changes, and a requirement that the SEC. 2. IMPLEMENTATION OF COAST GUARD IN- contractor must specifically address all engi- also part of the Army National Guard unit TEGRATED DEEPWATER ACQUISI- neering concerns identified in the technical re- which has served the longest continuous de- TION PROGRAM. (a) USE OF PRIVATE SECTOR ENTITY AS A LEAD views, before any funds may be obligated. ployment of any Army National Guard unit in (2) RESPONSIBILITY FOR TECHNICAL REQUIRE- SYSTEMS INTEGRATOR.— support of Operation Iraqi Freedom. MENTS.—A requirement that the Secretary shall The men and women of the 1–133rd have (1) IN GENERAL.—Except as otherwise provided in this subsection, the Secretary may not use a maintain the authority to establish, approve, made me and so many other Iowans and private sector entity as a lead systems integrator and maintain technical requirements. (3) COST ESTIMATE OF MAJOR CHANGES.—A re- Americans proud through their work and their for procurements under, or in support of, the quirement that an independent cost estimate sacrifices in Iraq, and I hope that it also gives Deepwater Program beginning on the earlier of must be prepared and approved by the Secretary them and their families pride to reflect upon October 1, 2011, or the date on which the Sec- before the execution of any change order costing their accomplishments. I feel incredibly hon- retary certifies in writing to the Committee on more than 5 percent of the unit cost approved in ored and privileged to represent them in the Transportation and Infrastructure of the House the Deepwater Program baseline in effect as of of Representatives and the Committee on Com- U.S. Congress, and I am so pleased today May 2007. merce, Science, and Transportation of the Sen- that the entire House of Representatives will (4) PERFORMANCE MEASUREMENT.—A require- ate that the Coast Guard has available and can commend and thank them for their service ment that any measurement of contractor and retain sufficient contracting personnel and ex- through the passage of H. Res. 568. subcontractor performance must be based on the pertise within the Coast Guard, through an ar- I am proud to have introduced this bill with status of all work performed, including the ex- rangement with other Federal agencies, or tent to which the work performed met all cost, the support of 70 bipartisan original co-spon- through contracts or other arrangements with schedule, and mission performance requirements sors, including the entire Iowa Congressional private sector entities, to perform the functions outlined in the Deepwater Program contract. Delegation. The strong support this resolution and responsibilities of the lead system integrator has on both sides of the aisle is reflective of (5) EARLY OPERATIONAL ASSESSMENT.—For the in an efficient and cost-effective manner. acquisition of any cutter class for which an (2) COMPLETION OF EXISTING DELIVERY ORDERS the pride and gratitude that Americans feel to- Early Operational Assessment has not been de- AND TASK ORDERS.—The Secretary may use a wards our National Guard troops, and all of veloped— our men and women serving in uniform. private sector entity as a lead systems integrator (A) a requirement that the Secretary of the I would like to thank Armed Services Com- to complete any delivery order or task order Department in which the Coast Guard is oper- mittee Chairman IKE SKELTON and his staff, under the Deepwater Program that was issued ating shall cause an Early Operational Assess- to the lead systems integrator on or before the and Majority Leader HOYER and his staff, for ment to be conducted by the Department of the helping to facilitate the swift consideration of date of enactment of this Act. Navy after the development of the preliminary (3) ASSISTANCE OF OTHER FEDERAL AGENCIES.— this bill by the full House. The United States design of the cutter and before the conduct of In any case in which the Secretary is the sys- the critical design review of the cutter; and will be forever indebted to the members and tems integrator under the Deepwater Program, families of the 1–133rd for their service and (B) a requirement that the Coast Guard shall the Secretary may obtain any type of assistance develop a plan to address the findings presented their sacrifices in Iraq, and I hope that this res- the Secretary considers appropriate, with any in the Early Operational Assessment. olution comes to serve as a genuine expres- systems integration functions, from any Federal (6) TRANSIENT ELECTROMAGNETIC PULSE EMA- sion of thanks from a grateful state and a agency with experience in systems integration NATION.—For the acquisition or upgrade of air, grateful nation. involving maritime vessels and aircraft. surface, or shore assets for which compliance Again, I would like to commend and thank (4) ASSISTANCE OF PRIVATE SECTOR ENTITIES.— with transient electromagnetic pulse emanation this incredible Battalion for their work, and I In any case in which the Secretary is the sys- (TEMPEST) is a requirement, a provision speci- urge my colleagues to support the passage of tems integrator under the Deepwater Program, fying that the standard for determining such the Secretary may, subject to the availability of H. Res. 568 today to honor and express grati- compliance shall be the air, surface, or shore appropriations, obtain by grant, contract, or co- asset standard then used by the Department of tude to the men and women of the 1st Bat- operative agreement any type of assistance the talion of the 133rd Infantry of the Iowa Na- the Navy. Secretary considers appropriate, with any sys- (7) OFFSHORE PATROL CUTTER UNDERWAY RE- tional Guard. tems integration functions, from any private QUIREMENT.—For any contract issued to acquire Mr. JONES of North Carolina. sector entity with experience in systems integra- an Offshore Patrol Cutter, provisions specifying Madam Speaker, I yield back the bal- tion involving maritime vessels and aircraft. the service life, fatigue life, days underway in ance of my time. (b) COMPETITION.— general Atlantic and North Pacific Sea condi- Ms. BORDALLO. Madam Speaker, I (1) IN GENERAL.—Except as otherwise provided tions, maximum range, and maximum speed the have no further requests for time, but in this subsection, the Secretary shall use full cutter shall be built to achieve. I do thank Mr. JONES for managing the and open competition for each class of asset ac- (8) INSPECTOR GENERAL ACCESS.—A require- resolutions this evening, and I yield quisitions under the Deepwater Program for ment that the Department of Homeland Secu- back the balance of my time. which an outside contractor is used, if the asset rity’s Office of the Inspector General shall have The SPEAKER pro tempore. The is procured directly by the Coast Guard or by access to all records maintained by all contrac- the Integrated Coast Guard System acting under tors working on the Deepwater Program, and question is on the motion offered by a contract with the Coast Guard. the gentlewoman from Guam (Ms. shall have the right to privately interview any (2) EXCEPTION.—The Secretary may use a pro- contractor personnel. BORDALLO) that the House suspend the curement method that is less than full and open (d) LIFE CYCLE COST ESTIMATE.— rules and agree to the resolution, H. competition to procure an asset under the Deep- (1) IN GENERAL.—The Secretary shall develop Res. 568. water Program, if— an authoritative life cycle cost estimate for the The question was taken; and (two- (A) the Secretary determines that such method Deepwater Program. thirds being in the affirmative) the is in the best interests of the Federal Govern- (2) CONTENTS.—The life cycle cost estimate rules were suspended and the resolu- ment; and shall include asset acquisition and logistics sup- tion was agreed to. (B) by not later than 30 days before the date port decisions and planned operational tempo A motion to reconsider was laid on of the award of a contract for the procurement, and locations as of the date of enactment of this the table. the Secretary submits to the Committee on Act. Transportation and Infrastructure of the House (3) SUBMITTAL.—The Secretary shall— f of Representatives and the Committee on Com- (A) submit the life cycle cost estimate to the INTEGRATED DEEPWATER merce, Science, and Transportation of the Sen- Committee on Transportation and Infrastruc- PROGRAM REFORM ACT ate a report explaining why such procurement is ture of the House of Representatives and the in the best interests of the Federal Government. Committee on Commerce, Science, and Transpor- Mr. CUMMINGS. Madam Speaker, I (3) LIMITATION ON APPLICATION.—Paragraph tation of the Senate within 4 months after the move to suspend the rules and pass the (1) shall not apply to a contract, subcontract, or date of enactment of this Act; and

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(B) submit updates of the life cycle cost esti- ‘‘(4) making acquisition decisions consistent (1) REPORT ON OPTIONS UNDER CONSIDER- mate to such Committees annually. with all applicable laws and establishing clear ATION.—The Secretary shall submit to the Com- (e) CONTRACT OFFICERS.—The Secretary shall lines of authority, accountability, and responsi- mittee on Transportation and Infrastructure of assign a separate contract officer for each class bility for acquisition decisionmaking within the the House of Representatives and the Committee of cutter and aircraft acquired or rehabilitated Coast Guard; on Commerce, Science, and Transportation of under the Deepwater Program, including the ‘‘(5) managing the direction of acquisition pol- the Senate— National Security Cutter, the Offshore Patrol icy for the Coast Guard, including implementa- (A) within 120 days after the date of enact- Cutter, the Fast Response Cutter A, the Fast tion of the unique acquisition policies, regula- ment of this Act, a report describing in detail Response Cutter B, maritime patrol aircraft, the tions, and standards of the Coast Guard; the cost increases that have been experienced on aircraft HC–130J, the helicopter HH–65, the heli- ‘‘(6) developing and maintaining an acquisi- National Security Cutters 1 and 2 since the date copter HH–60, and the vertical unmanned aerial tion career management program in the Coast of the issuance of the task orders for construc- vehicle. Guard to ensure that there is an adequate pro- tion of those cutters and explaining the causes (f) TECHNOLOGY RISK REPORT.—The Secretary fessional workforce; and of these cost increases; and shall submit to the Committee on Transportation ‘‘(7) as part of the strategic planning and per- (B) within 180 days after the date of enact- and Infrastructure of the House of Representa- formance evaluation process required under sec- ment of this Act, a report on the options that tives and the Committee on Commerce, Science, tion 306 of title 5 and sections 1105(a)(28), 1115, the Coast Guard is considering to strengthen the and Transportation of the Senate a report iden- 1116, and 9703 of title 31— hulls of National Security Cutter 1 and National tifying the technology risks and level of matu- ‘‘(A) assessing the requirements established Security Cutter 2, including— rity for major technologies used on each class of for Coast Guard personnel regarding knowledge (i) the costs of each of the options under con- asset acquisitions under the Deepwater Pro- and skill in acquisition resources management sideration; gram, including the Fast Response Cutter A and the adequacy of such requirements for fa- (ii) a schedule for when the hull strength- (FRC–A), the Fast Response Cutter B (FRC–B), cilitating the achievement of the performance ening repairs are anticipated to be performed; the Offshore Patrol Cutter (OPC), and the goals established for acquisition management; and Vertical Unmanned Aerial Vehicle (VUAV), not ‘‘(B) in order to rectify any deficiency in (iii) the impact that the weight likely to be later than 90 days before the date of award of meeting such requirements, developing strategies added to each the cutter by each option will a contract for such an acquisition. and specific plans for hiring, training, and pro- have on the cutter’s ability to meet both the (g) SUBMISSION OF ASSESSMENT RESULTS AND fessional development; and original performance requirements included in PLANS TO CONGRESS.—The Commandant of the ‘‘(C) reporting to the Commandant on the the Deepwater Program contract and the per- Coast Guard shall submit to the Committee on progress made in improving acquisition manage- formance requirements created by contract Transportation and Infrastructure of the House ment capability.’’. Amendment Modification 00042 dated February of Representatives and the Committee on Com- (b) CLERICAL AMENDMENT.—The table of sec- 7, 2007. merce, Science, and Transportation of the Sen- tions at the beginning of such chapter is amend- (2) DESIGN ASSESSMENT.—Not later than 30 ate— ed by adding at the end the following: days before the Coast Guard signs any contract, (1) the results of each Early Operational As- ‘‘55. Chief Acquisition Officer.’’. delivery order, or task order to strengthen the sessment conducted pursuant to subsection (c) SPECIAL RATE SUPPLEMENTS.— hull of either of National Security Cutter 1 or 2 (c)(5)(A) and the plan approved by the Com- (1) REQUIREMENT TO ESTABLISH.—Not later to resolve the structural design and performance mandant pursuant to subsection (c)(5)(B) for than 1 year after the date of enactment of this issues identified in the Department of Homeland addressing the findings of such assessment, Act and in accordance with part 9701.333 of title Security Inspector General’s report OIG–07–23 within 30 days after the Commandant approves 5, Code of Federal Regulations, the Com- dated January 2007, the Secretary shall submit the plan; and mandant of the Coast Guard shall establish spe- to the Committee on Transportation and Infra- (2) a report describing how the recommenda- cial rate supplements that provide higher pay structure of the House of Representatives and tions of each Early Operational Assessment con- levels for employees necessary to carry out the the Committee on Commerce, Science, and ducted pursuant to subsection (c)(5)(A) on the amendment made by this section. Transportation of the Senate all results of an first in class of a new cutter class have been ad- (2) SUBJECT TO APPROPRIATIONS.—The require- assessment of the proposed hull strengthening dressed in the design on which construction is to ment under paragraph (1) is subject to the avail- design conducted by the Naval Surface Warfare begin, within 30 days before initiation of con- ability of appropriations. Center, Carderock Division, including a descrip- struction. SEC. 4. TESTING AND CERTIFICATION. tion in detail of the extent to which the hull SEC. 3. CHIEF ACQUISITION OFFICER. (a) IN GENERAL.—The Secretary shall— strengthening measures to be implemented on (a) IN GENERAL.—Chapter 3 of title 14, United (1) cause each cutter, other than a National those cutters will enable the cutters to meet a States Code, is amended by adding at the end Security Cutter, acquired by the Coast Guard 185-underway-day requirement under general the following: and delivered after the date of enactment of this Atlantic and North Pacific sea conditions for a ‘‘§ 55. Chief Acquisition Officer Act to be classed by the American Bureau of period of at least 30 years. Shipping, before acceptance of delivery; (b) NATIONAL SECURITY CUTTERS 3 THROUGH ‘‘(a) ESTABLISHMENT OF AGENCY CHIEF ACQUI- (2) cause the design and construction of each 8.—Not later than 30 days before the Coast SITION OFFICER.—The Commandant shall ap- National Security Cutter, other than National Guard signs any contract, delivery order, or point or designate a career reserved employee as Security Cutter 1 and 2, to be certified by an task order authorizing construction of National Chief Acquisition Officer for the Coast Guard, independent third party with expertise in vessel Security Cutters 3 through 8, the Secretary shall who shall— ‘‘(1) have acquisition management as that of- design and construction certification to be able submit to the Committee on Transportation and ficial’s primary duty; and to meet a 185-underway-day requirement under Infrastructure of the House of Representatives ‘‘(2) report directly to the Commandant to ad- general Atlantic and North Pacific sea condi- and the Committee on Commerce, Science, and vise and assist the Commandant to ensure that tions for a period of at least 30 years; Transportation of the Senate all results of an the mission of the Coast Guard is achieved (3) cause all electronics on all aircraft, sur- assessment of the proposed designs to resolve the through the management of the Coast Guard’s face, and shore assets that require TEMPEST structural design, safety, and performance acquisition activities. certification and that are delivered after the issues identified by the Department of Homeland ‘‘(b) AUTHORITY AND FUNCTIONS OF THE CHIEF date of enactment of this Act to be tested and Security Office of Inspector General report OIG– ACQUISITION OFFICER.—The functions of the certified in accordance with TEMPEST stand- 07–23 for the hulls of those cutters conducted by Chief Acquisition Officer shall include— ards and communications security (COMSEC) the Naval Surface Warfare Center, Carderock ‘‘(1) monitoring the performance of acquisition standards by an independent third party that is Division, including a description in detail of the activities and acquisition programs of the Coast authorized by the Federal Government to per- extent to which such designs will enable the cut- Guard, evaluating the performance of those pro- form such testing and certification; and ters to meet a 185-underway-day requirement grams on the basis of applicable performance (4) cause all aircraft and aircraft engines ac- under general Atlantic and North Pacific sea measurements, and advising the Commandant quired by the Coast Guard and delivered after conditions. regarding the appropriate business strategy to the date of enactment of this Act to be certified SEC. 6. MISCELLANEOUS REPORTS. achieve the mission of the Coast Guard; for airworthiness by an independent third party (a) IN GENERAL.—The Secretary shall submit ‘‘(2) increasing the use of full and open com- with expertise in aircraft and aircraft engine the following reports to the Committee on Trans- petition in the acquisition of property and serv- certification, before acceptance of delivery. portation and Infrastructure of the House of ices by the Coast Guard by establishing policies, (b) FIRST IN CLASS OF A MAJOR ASSET ACQUI- Representatives and the Committee on Com- procedures, and practices that ensure that the SITION.—The Secretary shall cause the first in merce, Science, and Transportation of the Sen- Coast Guard receives a sufficient number of class of a major asset acquisition of a cutter or ate: sealed bids or competitive proposals from respon- an aircraft to be subjected to an assessment of (1) Within 4 months after the date of enact- sible sources to fulfill the Government’s require- operational capability conducted by the Sec- ment of this Act, a justification for why 8 Na- ments (including performance and delivery retary of the Navy. tional Security Cutters are required to meet the schedules) at the lowest cost or best value con- (c) FINAL ARBITER.—The Secretary shall be operational needs of the Coast Guard, includ- sidering the nature of the property or service the final arbiter of all technical disputes regard- ing— procured; ing designs and acquisitions of vessels and air- (A) how many days per year each National ‘‘(3) ensuring the use of detailed performance craft for the Coast Guard. Security Cutter will be underway at sea; specifications in instances in which perform- SEC. 5. NATIONAL SECURITY CUTTERS. (B) where each National Security Cutter will ance-based contracting is used; (a) NATIONAL SECURITY CUTTERS 1 AND 2.— be home ported;

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THORITY FOR THE DEEPWATER PRO- mission capability (including surveillance ca- (9) Within 4 months after the date of enact- GRAM AND OTHER COAST GUARD AC- pacity) of the 12 Hamilton-class high endurance ment of this Act, a report on the development of QUISITION PROGRAMS. cutters that the National Security Cutters will a new acquisitions office within the Coast (a) FINDINGS.—Congress finds that the Coast replace; Guard describing the specific staffing structure Guard’s use of the technical, contractual, and (E) the business case in support of con- for that directorate, including— program management oversight expertise of the structing National Security Cutters 3 through 8, (A) identification of all managerial positions Department of the Navy in ship and aircraft including a cost-benefit analysis; and production complements and augments the (F) an analysis of how many Offshore Patrol proposed as part of the office, the functions that each managerial position will fill, and the num- Coast Guard’s organic expertise as it procures Cutters would be required to provide the patrol assets for the Deepwater Program. coverage provided by a National Security Cut- ber of employees each manager will supervise; and (b) INTER-SERVICE TECHNICAL ASSISTANCE.— ter. The Secretary may enter into a memorandum of (2) Within 4 months after the date of enact- (B) a formal organizational chart and identi- understanding or a memorandum of agreement ment of this Act, a report on— fication of when managerial positions are to be (A) the impact that deployment of a National filled. with the Secretary of the Navy to provide for the use of the Navy Systems Commands to assist Security Cutter and other cutter assets without (10) Ninety days prior to the issuance of a Re- the Coast Guard with the oversight of Coast the vertical unmanned aerial vehicle (VUAV) quest for Proposals for construction of an Off- Guard major acquisition programs. Such memo- will have on the amount of patrol coverage that shore Patrol Cutter, a report detailing the serv- randum of understanding or memorandum of will be able to be provided during missions con- ice life, fatigue life, maximum range, maximum agreement shall, at a minimum provide for— ducted by the National Security Cutter and all speed, and number of days underway under (1) the exchange of technical assistance and other cutters planned to be equipped with a general Atlantic and North Pacific Sea condi- support that the Coast Guard Chief Engineer VUAV; tions the cutter shall be built to achieve. and the Coast Guard Chief Information Officer, (B) how the coverage gap will be made up; (11) The Secretary shall report annually on (C) an update on the current status of the de- as Coast Guard Technical Authorities, may the percentage of the total amount of funds ex- identify; velopment of the VUAV; and pended on procurements under the Deepwater (D) the timeline detailing the major milestones (2) the use, as appropriate, of Navy technical Program that has been paid to each of small expertise; and to be achieved during development of the VUAV businesses and minority-owned businesses. and identifying the delivery date for the first (3) the temporary assignment or exchange of (12) Within 120 days after the date of enact- and last VUAV. personnel between the Coast Guard and the (3) Within 30 days after the elevation to flag- ment of this Act, a report on any Coast Guard Navy Systems Commands to facilitate the devel- level for resolution of any design or other dis- mission performance gap due to the removal of opment of organic capabilities in the Coast pute regarding the Deepwater Program contract Deepwater Program assets from service. The re- Guard. or an item to be procured under that contract, port shall include the following: (c) TECHNICAL AUTHORITIES.—The Coast including a detailed description of the issue and (A) A description of the mission performance Guard Chief Engineer, Chief Information Offi- the rationale underlying the decision taken by gap detailing the geographic regions and Coast cer, and Chief Acquisition Officer shall adopt, the flag officer to resolve the issue. Guard capabilities affected. to the extent practicable, procedures that are (4) Within 4 months after the date of enact- (B) An analysis of factors affecting the mis- similar to those used by the Navy Senior Acqui- ment of this Act, a report detailing the total sion performance gap that are unrelated to the sition Official to ensure the Coast Guard Tech- number of change orders that have been created Deepwater Program, including deployment of nical Authorities, or designated Technical War- by the Coast Guard under the Deepwater Pro- Coast Guard assets overseas and continuous rant Holders, approve all technical require- gram before the date of enactment of this Act, vessel shortages. ments. the total cost of these change orders, and their (C) A description of measures being taken in (d) COORDINATION.—The Secretary, acting impact on the Deepwater Program schedule. the near term to fill the mission performance through the Commandant of the Coast Guard, (5) Within 180 days after the date of enact- gap, including what those measures are and may coordinate with the Secretary of the Navy, ment of this Act, a report detailing the tech- when they will be implemented. acting through the Chief of Naval Operations, nology risks and level of maturity for major (D) A description of measures being taken in to develop processes by which the assistance will technologies used on maritime patrol aircraft, the long term to fill the mission performance be requested from the Navy Systems Commands the HC–130J, and the National Security Cutter. gap, including what those measures are and and provided to the Coast Guard. (6) Not less than 60 days before signing a con- when they will be implemented. (e) REPORT.—Not later than 120 days after the tract to acquire any vessel or aircraft, a report (E) A description of the potential alternatives date of enactment of this Act and every twelve comparing the cost of purchasing that vessel or to fill the mission performance gap, including months thereafter, the Commandant of the aircraft directly from the manufacturer or ship- any acquisition or lease considered and the rea- Coast Guard shall report to the Committee on yard with the cost of procuring it through the sons they were not pursued. Transportation and Infrastructure of the House Integrated Coast Guard System. (b) REPORT REQUIRED ON ACCEPTANCE OF DE- of Representatives and the Committee on Com- (7) Within 30 days after the Program Execu- LIVERY OF INCOMPLETE ASSET.— merce, Science, and Transportation of the Sen- tive Officer of the Deepwater Program becomes (1) IN GENERAL.—If the Secretary accepts de- ate on the activities undertaken pursuant to aware of a likely cost overrun exceeding 5 per- livery of an asset after the date of enactment of such memorandum of understanding or memo- cent of the overall asset acquisition contract this Act for which a contractually required cer- randum of agreement. cost or schedule delay exceeding 5 percent of the tification cannot be achieved within 30 days SEC. 8. DEFINITIONS. estimated asset construction period under the after the date of delivery or with any system In this Act: Deepwater Program, a report by the Com- that is not fully functional for the mission for (1) DEEPWATER PROGRAM.—The term ‘‘Deep- mandant containing a description of the cost which it was intended, the Secretary shall sub- water Program’’ means the Integrated Deep- overrun or delay, an explanation of the overrun mit to the Committee on Transportation and In- water Systems Program described by the Coast or delay, a description of Coast Guard’s re- frastructure of the House of Representatives and Guard in its report to Congress entitled ‘‘Re- sponse, and a description of significant delays the Committee on Commerce, Science, and vised Deepwater Implementation Plan 2005’’, in the procurement schedule likely to be caused Transportation of the United States Senate dated March 25, 2005. The Deepwater Program by the overrun or delay. within 30 days after accepting delivery of the primarily involves the procurement of cutter and (8) Within 90 days after the date of enactment asset a report explaining why acceptance of the aviation assets that operate more than 50 miles of this Act, articulation of a doctrine and de- asset in such a condition is in the best interests offshore. scription of an anticipated implementation of a of the United States Government. (2) SECRETARY.—The term ‘‘Secretary’’ means plan for management of acquisitions programs, (2) CONTENTS.—The report shall— the Secretary of the department in which the financial management (including earned value Coast Guard is operating. management and cost estimating), engineering (A) specify the systems that are not able to and logistics management, and contract man- achieve contractually required certifications The SPEAKER pro tempore. Pursu- agement, that includes— within 30 days after the date of delivery and the ant to the rule, the gentleman from (A) a description of how the Coast Guard will systems that are not fully functional at the time Maryland (Mr. CUMMINGS) and the gen- of delivery for the missions for which they were cultivate among uniformed personnel expertise tleman from Ohio (Mr. LATOURETTE) intended; in acquisitions management and financial man- each will control 20 minutes. (B) identify milestones for the completion of agement; The Chair recognizes the gentleman (B) a description of the processes that will be required certifications and to make all systems followed to draft and ensure technical review of fully functional; and from Maryland. procurement packages, including statements of (C) identify when the milestones will be com- Mr. CUMMINGS. Madam Speaker, I work, for any class of assets acquired by the pleted, who will complete them, and the cost to yield myself such time as I may con- Coast Guard; complete them. sume.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.192 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8933 Madam Speaker, the Integrated fortunately these were identified be- ance and to create lines of strict ac- Deepwater Program Reform Act, H.R. fore any ships were built. While this countability. 2722, which I authored in my capacity acquisition effort has now been re- The Coast Guard is now also directly as the chairman of the Subcommittee vamped, the GAO reported earlier this managing the procurement of the Fast on Coast Guard and Maritime Trans- year that the design failure has de- Response Cutter, and it has issued a so- portation, is a critical piece of legisla- layed the procurement by at least 2 licitation that includes new measures tion that will strengthen the manage- years. specifically intended to focus the pro- ment of the Coast Guard’s Deepwater Together, the failed effort to length- curement on producing an asset that procurement program. en the 110-foot patrol boats and the will meet all performance require- H.R. 2722 passed both the Sub- failure of the first design of the Fast ments. committee on Coast Guard and Mari- Response Cutter wasted another $100 The Integrated Deepwater Program time Transportation and the Com- million of hard-earned American tax- Reform Act, H.R. 2722, would build on mittee on Transportation and Infra- payer dollars. the important reforms Admiral Allen structure on a voice vote and has en- Similarly, despite the obligation of has already enacted by putting in place joyed bipartisan support from the another $100 million, the initial design a comprehensive package of reforms members of both the subcommittee and effort on the Vertical Unmanned Aerial that will strengthen the institutional the full committee. Vehicle, which is needed to enhance capacity of the Coast Guard to manage I wish to express my deepest appre- the surveillance capacity of the Na- not only Deepwater but all other pro- ciation to Chairman JAMES OBERSTAR tional Security Cutter, also failed. This curements for years to come. for his leadership and support on this craft had originally been scheduled for Specifically, H.R. 2722 will require measure, and, indeed, for his leadership delivery in 2007, but the GAO estimates that the Coast Guard be in charge of of our committee. that delivery will now be delayed by as all technical decisions on Deepwater I also express my appreciation to the much as 6 years, meaning that the first and would require the use of full and ranking member of the full committee, National Security Cutters will likely open competition for the procurement Congressman MICA, and the ranking enter service without the vehicles. of new assets to ensure that the Coast member of the subcommittee, Con- More recently, the Department of Guard receives the best value for tax- gressman LATOURETTE, for their lead- Homeland Security’s Office of the In- payers’ resources. ership and the commitment they have spector General found that the hull fa- H.R. 2722 also sets rigorous new shown to the success of our United tigue life on the National Security Cut- standards for the testing and certifi- States Coast Guard through their work ter, the most expensive asset to be pro- cation of all Deepwater assets. on the bill before us today. cured under the Deepwater program, The bill requires that all new Na- Further, I wish to thank Chairman may not meet contractual require- tional Security Cutters procured from BENNIE THOMPSON for his wise counsel ments. The IG warns that fixing the the date of enactment be certified by on this bill and for working with us to hulls of the first two NSCs, which are an independent third party to meet all get this bill to the floor today. already well into production, will add contractual requirements. Deepwater is a $24 billion, 25-year potentially significant costs to these The DHS Inspector General has testi- procurement effort through which the ships and may even affect their oper- fied before our subcommittee that the Coast Guard will replace or rehabili- ational capabilities. four audits of Deepwater he has con- tate all of its cutters and aircraft. Despite this troubling record of fail- ducted over the past 21⁄2 years have re- Management of the program was ure and waste, during the first 4 years vealed the dominant influence of expe- awarded in 2002 through a performance- of the Deepwater program, the Coast diency and schedule over performance based contract to a private sector team Guard ranked the contractor perform- quality in the management of this pro- comprised of Lockheed Martin and ance between ‘‘very good’’ and ‘‘excel- gram. Northrop Grumman, now known as the lent’’ and awarded the ICGS team some Unfortunately, the shoddy results of Integrated Coast Guard Systems or $16 million in award fees; in other the prioritization of expediency and ICGS. words, in bonuses. schedule can be seen in the 123-foot pa- Unfortunately, some of the procure- Such a situation is ridiculous and in- trol boats, which cannot float, and the ments conducted under Deepwater over tolerable. Having convened now three Unmanned Aerial Vehicle, which did the past 5 years have experienced unac- hearings on Deepwater in the Sub- not fly. ceptable failures that have delayed the committee on Coast Guard and Mari- Professional certification of the de- production of needed assets and con- time Transportation in the 110th Con- sign and construction of NSCs 3 tributed to a significant shortfall in gress and having chaired an investiga- through 8 will help ensure that these Coast Guard patrol hours. tive hearing on the 120-foot patrol boat assets do not have any structural Perhaps the most widely publicized program convened in the full Com- shortcomings, as such certification failure of the Deepwater program is the mittee on Transportation and Infra- should be accommodated in all pro- failure of the effort to lengthen 110-foot structure by Chairman OBERSTAR, we curement schedules. patrol boats already in the Coast have had the opportunity to closely ex- Further, given the serious concerns Guard’s fleet to 123 feet. The length- amine the failures in contractor per- that currently exist over hull fatigue ening was intended to upgrade these formance and in Coast Guard manage- with NSCs 1 and 2, H.R. 2722 requires boats and extend their service lives ment that have occurred since 2002. that the design used in all future NSCs while newer assets were being devel- be submitted to an assessment con- oped. b 2045 ducted by the Naval Surface Warfare Though warned by Navy experts that H.R. 2722 responds directly to these Center, Carderock Division, before con- the proposed designs for the length- failures by requiring the creation of struction on the new NSCs begin. ening was inadequate, the Coast Guard the management systems and the ap- Carderock identified many of the po- proceeded with the effort anyway. pointment of the personnel needed to tential hull fatigue problems with NSC Eight boats, which originally cost enable the Coast Guard to manage 1 and their expertise will help assess some $60 million to produce and which Deepwater as effectively as the service whether proposed design changes for had many years of additional service managed the truly amazing rescues of subsequent NSCs truly correct design life left, buckled soon after they were victims during Hurricane Katrina. problems that could shorten the hull lengthened and now sit sadly in the Under the leadership of Commandant fatigue life of those ships. Coast Guard yard in Baltimore waiting Thad Allen, the service is already mov- H.R. 2722 requires that all other new for the scrap heap. ing decisively to correct past mistakes. cutters acquired under Deepwater be Unfortunately, the failure of the 123- Admiral Allen has formed a new pro- classified by the American Bureau of foot patrol boats is not the sole failure curement directorate to professionalize Shipping, and it requires that all new of the Deepwater program. The initial acquisition management and to put the aircraft and aircraft engines be cer- design of the Fast Response Cutter was business practices in place needed to tified for airworthiness by an inde- also beset by technical failures, though effectively oversee contractor perform- pendent third party.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.197 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8934 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Significantly, H.R. 2722 also requires I also commend the ranking member issues. The program has never been funded the appointment of a civilian as the of the full committee, Congressman at the level the Coast Guard determined it head of the acquisitions directorate. MICA, for his leadership and support on needed to carry out the program in the time- Both the DHS Inspector General and this measure; and I commend the rank- frame it described. Unfortunately, it appears the GAO have testified before the Sub- ing member of our subcommittee, the those funding shortfalls will only get worse in committee on Coast Guard and Mari- distinguished gentleman, Mr. the coming fiscal year. In fiscal year 2007, time Transportation regarding the im- LATOURETTE, for his hard work and his $1.1 billion was appropriated to carry out the portance of personnel continuity in the outstanding leadership on the sub- Deepwater program. For fiscal year 2008, the effective management of acquisitions committee. Administration sought $837 million for the pro- contracts. I urge my colleagues to demonstrate gram, the House has provided $698 million, Appointment of a civilian with a ca- their commitment to our brave young and the Senate has approved an amount of reer’s worth of experience in procure- men and women in our Coast Guard, $770 million. At those levels, acquisitions of ment will bring to the Coast Guard the our thin blue line at sea, by supporting new ships and aircraft will be further delayed, level of expertise that simply is not H.R. 2722, as amended. meaning that ready-to-be-retired legacy ships cultivated among the service’s uni- Madam Speaker, I reserve my time. and planes will be kept in service longer. formed personnel given that the service Mr. LATOURETTE. Madam Speaker, Those assets will, in turn, incur higher mainte- lacks a career path to train acquisi- I yield myself such time as I may con- nance costs further reducing the funds avail- tions professionals. Of course, while sume. able to acquire new assets. the appointment of a civilian to head (Mr. LATOURETTE asked and was The bill before us today improves the orga- Coast Guard acquisitions functions given permission to revise and extend nization and administration of Deepwater and cannot guarantee continuity, the ap- his remarks.) seeks answers to questions about the imple- pointment of a uniformed ser- Mr. LATOURETTE. Madam Speaker, mentation of the program. However, if Con- vicemember will guarantee turnover on H.R. 2722, the Integrated Deepwater gress and the Administration continue to fail to a predictable schedule. Program Reform Act, makes signifi- seek and provide funds at the level planned With the implementation of these cant changes to the Coast Guard’s for, then Deepwater has no chance of meeting measures that will prepare the Coast Deepwater program and will reform the its targets and goals. Guard to manage Deepwater, H.R. 2722 way that the Coast Guard oversees, While this bill will not solve the problems requires that private sector contrac- manages, and carries out the program that result from funding shortfalls for the Deep- tors be phased out as the lead systems as the service takes on the lead sys- water program, the bill will give the Coast integrator by October 1, 2011. This tems integrator responsibilities. Guard adequate time to build its in-house staff phase-out can occur prior to that date I want to add my thanks on the floor and capabilities to the level necessary to suc- if the Coast Guard certifies they have tonight and appreciate the cooperation cessfully assume the lead systems integrator the personnel and systems in place of Chairman OBERSTAR and Chairman role and to put in place arrangements to ac- they need to perform the lead systems CUMMINGS to consider both at the sub- quire additional personnel and expertise from integration function. committee and during the full com- the private sector and other Federal agencies. Madam Speaker, I remain completely mittee markup amendments from our This is a necessary programmatic change. confident in Admiral Allen’s leadership side of the aisle to improve the bill I support this bill and urge all Members to of the Coast Guard and in his manage- through the markup process. The bill approve H.R. 2722. Mr. OBERSTAR. Madam Speaker, today, ment of the Deepwater program, but I that we are considering today is the the House considers H.R. 2722, the ‘‘Inte- also believe that Congress must act to product of several oversight hearings grated Deepwater Program Reform Act’’. This build within the Coast Guard the sys- and has been developed under the reg- legislation is the product of the lessons tems that will enable the service to ef- ular order in both the subcommittee learned from a series of hearings delving into fectively manage procurement efforts, and full committee markups. I want to the Coast Guard’s Deepwater program. and manage taxpayer resources, long thank both chairmen for their efforts I would like to thank Subcommittee Chair- after Admiral Allen has retired. to develop this bill in a truly bipar- man CUMMINGS for his diligence in thoroughly The men and women of the Coast tisan manner. examining these problems and for developing Guard will rely on the assets procured Madam Speaker, I appreciate the coopera- a comprehensive bill to get this program back under Deepwater for decades to come tion of Chairman OBERSTAR and Chairman on course. to defend our homeland against an CUMMINGS to consider amendments from my The Committee has held three hearings in ever-growing range of threats. This is a side of the aisle to improve this bill through the 110th Congress on the Deepwater pro- procurement effort that simply must the markup process. The bill that we are con- gram—including one that finally adjourned at be managed correctly, and I’m con- sidering today is the product of several over- 11:29 p.m. Committee Members have heard fident that the enactment of H.R. 2722 sight hearings and has been developed under the saga about problems with this program will ensure that it is. the regular order in both Subcommittee and that include inadequate staffing, patrol boats This bill has enjoyed bipartisan sup- Full Committee markups. I thank both Chair- that have been altered in such a way that they port, both in the Subcommittee on men for their efforts to develop this bill in a bi- are not seaworthy, and construction standards Coast Guard and Maritime Transpor- partisan manner. that shorten the fatigue life of cutters below tation and the Committee on Transpor- Our Subcommittee has held four hearings to their contracted 30-year life. tation and Infrastructure. I also note oversee the Deepwater program over the past During these hearings, the Committee heard that the Congressional Budget Office six months, and we have delved into the prob- testimony from the Coast Guard, contractors, has found that enacting this measure lems that have troubled this critical acquisition the Office of Inspector General (‘‘OIG’’) of the will not affect revenues or direct program. This bill addresses many of the Department of Homeland Security, and the spending in any way and could result areas that were identified through our over- Government Accountability Office (‘‘GAO’’), in lower procurement expenditures and sight process. This bill will provide the Coast and in addition received reports from the De- reduce the long-term costs of the Deep- Guard with the framework to turn the program fense Acquisition University (‘‘DAU’’), the water program. around and to support the successful acquisi- GAO, and the OIG. In closing, I again commend Chair- tion of enhanced vessels, aircraft, and sys- Unfortunately, we learned from the testi- man JIM OBERSTAR, chairman of the tems necessary to carry out the service’s mony to the Committee that the Deepwater Committee on Transportation and In- many missions. program is an example of a total abdication of frastructure, for his strong support and However, I do want to point out that despite governmental responsibility for overseeing its his commitment to excellence. Under problems with some Deepwater program— contractors, the quality of their work, and the his inspired leadership, our committee most notably the failed 110 to 123 conversion, timeline for completion. has truly returned oversight and strict the program has had successes. Most impor- H.R. 2722 will correct this problem. The bill accountability to the agenda and is tantly, the improved communications between establishes within the Coast Guard the acqui- working to enact the ground-breaking shore, sea and air assets have already led to sition management systems, and requires ap- policies that are essential to meeting improved operations. pointment of necessary personnel, to effec- the transportation challenges of the I also want to note that not all of the pro- tively manage the $24 billion Deepwater Ac- 21st century. gram’s problems result from contracting quisition Program.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 7634 Sfmt 9920 E:\CR\FM\K30JY7.198 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8935 As reported by the Committee, H.R. 2722 gram, typically referred to as Deepwater. The the Coast Guard and the contractor in its ef- prohibits the use of a private sector entity as Coast Guard’s plan was to set forth broad forts to evaluate the structural design and per- a lead system integrator beginning at the ear- mission requirements and then rely on private formance issues associated with the cutter. lier date of October 1, 2011, or the date on contractors to determine the mix of assets The IG’s findings are very serious and I am which the Coast Guard certifies to the Com- necessary to carry out those missions. Ulti- deeply concerned about the Coast Guard’s mittee that the service has the trained per- mately, the contract went to ‘‘Integrated Coast ability to manage the Deepwater program. sonnel and resources to implement the system Guard System’’ (ICGS), a consortium headed Strict Congressional oversight on the part of integration. by Lockheed Martin and Northrop Grumman. the new Democratic Congress has forced the I understand that the Coast Guard intends Deepwater was intended to replace or mod- Coast Guard to make several significant to move forward well before the 2011 date ernize the approximately 90 ships and 200 changes to this much-needed program and and I can assure you that this Committee will Coast Guard aircraft used for missions taking continued oversight is needed. The Homeland monitor their progress on taking over the place more than 50 miles offshore. The pri- Security Committee has already held one Deepwater program. mary missions carried out in this ‘‘deepwater’’ hearing on the Deepwater Program this year, H.R. 2722 also requires the use of full and zone are drug and migrant interdiction oper- and more are planned. open competition for procurements under ations, search and rescue, homeland security, H.R. 2722 makes improvements to the Deepwater, and sets forth specific provisions and fisheries law enforcement. Unfortunately, Deepwater program that will refine the process to be included in future contracts including re- this program has been beset with problems. and make it effective for protecting the home- quirements subjecting designs to technical re- One part of the ICGS’s Deepwater plan was to land for decades to come. For instance this view and development of independent cost es- lengthen the Coast Guard’s existing 110 foot bill creates a process for the Coast Guard to timates. Transient electromagnetic pulse ema- patrol boats by 113 feet. Shortly after the first become the lead systems integrator for the nation (‘‘TEMPEST’’) standards, as used by extended boat was delivered, cracks were program, it opens up competition for procure- the Department of the Navy, must be used for found in its hull. The Coast Guard dry-docked ments, requires the Coast Guard to provide procurements requiring TEMPEST certifi- the boats in December 2006 due to the lack life-cycle cost estimates, requires the appoint- cation. The bill further requires that all con- of operational capacity in heavy seas. On Feb- ment of a Chief Acquisitions Officer, estab- tracts include provisions allowing the OIG to ruary 14, 2007, the Department of Homeland lishes testing and certification requirements for privately interview contractor personnel work- Security Office of Inspector General released Deepwater assets, provides design criteria for ing on Deepwater. a report concerning whistleblower allegations the National Security Cutter, and allows the The bill also requires the appointment of a made against the 123-foot Coast Guard cutter Department of Homeland Security to work with civilian Chief Acquisition Officer within the program. The report found that aspects of the the United States Navy. These changes to the Coast Guard, who would report directly to the C4ISR (Command, Control, Communications, program are necessary to make Deepwater an Commandant, and specifies a number of au- Computers, Intelligence, Surveillance, and Re- effective homeland security program. thorities reserved to the Chief Acquisition Offi- connaissance) equipment installed aboard the Mr. LATOURETTE. Madam Speaker, cer. 123-foot cutters do not meet the design stand- I yield back the balance of our time. H.R. 2722 sets standards for testing and ards set forth in the Deepwater contract. GENERAL LEAVE certification of assets procured under Deep- Specifically, the contractor did not install low Mr. CUMMINGS. Madam Speaker, I water. Each cutter—other than a National Se- smoke cabling aboard the 123-foot cutter, de- ask unanimous consent that all Mem- curity Cutter (NSC)—must be classed by the spite a Deepwater contract requirement. The bers may have 5 legislative days in American Bureau of Shipping (ABS). The de- intent of this requirement was to eliminate the which to revise and extend their re- sign and construction of NSCs, with the ex- polyvinyl chloride jacket encasing the cables, marks on H.R. 2722, as amended. ception of NSC 1 and 2, must be certified as which for years produced toxic fumes and The SPEAKER pro tempore. Is there capable of being underway for at least 185 dense smoke during shipboard fire. objection to the request of the gen- days a year for 30 years and the other per- Additionally, the contractor installed C4ISR tleman from Maryland? formance requirements by an independent topside equipment aboard both the 123-foot There was no objection. third-party such as ABS or the Navy. The bill cutters and prosecutors, which either did not Mr. CUMMINGS. Madam Speaker, I calls for all aircraft to be certified by an inde- comply or was not tested to ensure compli- yield back my time. pendent third-party such as the FAA or the ance with specific environmental performance The SPEAKER pro tempore. The Navy as well. requirements outlined in the Deepwater con- question is on the motion offered by In addition, the bill requires a number of re- tract. On April 17, 2007, the Commandant of the gentleman from Maryland (Mr. ports to Congress from the Coast Guard to the Coast Guard announced the decommis- CUMMINGS) that the House suspend the enhance the Committee’s oversight of this im- sioning of the entire 123-foot fleet. rules and pass the bill, H.R. 2722, as portant acquisition program. Similarly, there are problems with the Na- amended. I would like to thank Ranking Member MICA tional Security Cutter. On January 23, 2007, The question was taken. and Subcommittee Ranking Member the Department of Homeland Security Inspec- The SPEAKER pro tempore. In the LATOURETTE for working with Subcommittee tor General’s Office released a report stating opinion of the Chair, two-thirds being Chairman CUMMINGS and me on this bill. that ‘‘the National Security Cutter, as designed in the affirmative, the ayes have it. Madam Speaker, I urge my colleagues to and constructed, would not meet the perform- Mr. CUMMINGS. Madam Speaker, on join me in supporting passage of H.R. 2722, ance specifications described in the original that I demand the yeas and nays. the ‘‘Integrated Deepwater Program Reform Deepwater contract.’’ The report also states The yeas and nays were ordered. Act of 2007’’. that ‘‘The National Security Cutter’s design The SPEAKER pro tempore. Pursu- Mr. THOMPSON of Mississippi. Madam and performance deficiencies are fundamen- ant to clause 8 of rule XX and the Speaker, I stand in support of H.R. 2722 be- tally the result of the Coast Guard’s failure to Chair’s prior announcement, further cause I recognize the importance of the Inte- exercise technical oversight over the design proceedings on this motion will be grated Deepwater Systems (Deepwater) pro- and construction of its Deepwater assets.’’ postponed. gram to our National security. Furthermore, the Inspector General’s Office f We need to replace our aging ships and air- found that ‘‘since the deepwater contract was craft that operate offshore to protect our bor- signed in June 2002, the combined cost of RONALD H. BROWN UNITED ders. While this program has come under National Security Cutters 1 and 2 has in- STATES MISSION TO THE much scrutiny for being more expensive than creased from $517 million to approximately UNITED NATIONS BUILDING previously thought and taking more time to $775 million.’’ The $775 estimate does not in- Mr. CUMMINGS. Madam Speaker, I complete, it is still a worthwhile endeavor. clude costs to correct or mitigate the National move to suspend the rules and pass the Everyday, valiant members of the U.S. Security Cutter’s structural design deficiencies, bill (H.R. 735) to designate the Federal Coast Guard risk their lives to rescue and pro- additional labor and materials costs resulting building under construction at 799 tect Americans. The continued success of this from the effects of Hurricane Katrina, and the First Avenue in New York, New York, mission is dependent upon Coast Guard as- final costs of a $302 million Request for Equi- as the ‘‘Ronald H. Brown United States sets which are aging by the day. In the mid- table Adjustment (REA) that the Coast Guard Mission to the United Nations Build- 1990s, the Coast Guard decided to replace all is currently negotiating with the contractor. Fi- ing’’. of these assets in a single procurement pro- nally, the report states that the Inspector Gen- The Clerk read the title of the bill. gram—the Integrated Deepwater System pro- eral’s Office ‘‘encountered resistance’’ from The text of the bill is as follows:

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.195 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8936 CONGRESSIONAL RECORD — HOUSE July 30, 2007 H.R. 735 holders of their firm but the share- Ways and Means Committee, Mr. RAN- Be it enacted by the Senate and House of Rep- holders of the world. GEL. I urge all Members to vote in resentatives of the United States of America in And so when you come to New York, favor of the bill. Congress assembled, where you always see diversity, people Mr. OBERSTAR. Madam Speaker, I rise in SECTION 1. DESIGNATION. of different color, different languages, strong support of H.R. 735, a bill to designate The Federal building under construction at different cultures, and you see the Fed- the United States Mission to the United Na- 799 First Avenue in New York, New York, eral mission to the United Nations, tions Building located at 799 First Avenue, shall be known and designated as the ‘‘Ron- New York, NY, as the ‘‘Ronald H. Brown ald H. Brown United States Mission to the there could not be a sight that would United Nations Building’’. be more reminiscent of Ron Brown United States Mission to the United Nations SEC. 2. REFERENCES. than the contributions that he made to Building.’’ Any reference in a law, map, regulation, my community, my country, but in- Consideration of this bill on the House floor document, paper, or other record of the deed, the entire world. is long overdue. I commend the gentleman United States to the Federal building re- And so thank you for shepherding from New York (Mr. RANGEL) for his steadfast- ferred to in section 1 shall be deemed to be this wonderful bill so that his family ness in supporting this bill. Congressman RAN- a reference to the ‘‘Ronald H. Brown United and his friends and his supporters and GEL introduced similar bills to designate the States Mission to the United Nations Build- kids to follow would know that out of United States Mission to the United Nations in ing’’. Harlem we planted the seed, and he honor of Ron Brown in the 108th and 109th The SPEAKER pro tempore. Pursu- died for this country on a mission for Congresses. I am pleased that today we will ant to the rule, the gentleman from President Clinton. His memory will finally pass this bill and pay a fitting tribute to Maryland (Mr. CUMMINGS) and the gen- never, never be forgotten; and I was the life and achievements of this extraordinary tleman from Ohio (Mr. LATOURETTE) proud to be a desk clerk at the time American. each will control 20 minutes. that he was living in a hotel that his Ron Brown was a man who served his The Chair recognizes the gentleman father managed in New York. And he country in many capacities: lawyer, pragmatic from Maryland. will forever be in my mind and I hope bridge builder, statesman, mentor, and trusted GENERAL LEAVE in yours as you think about great friend. He may be best known for his service as Mr. CUMMINGS. Madam Speaker, I Americans who lost their lives for this the first African-American Secretary of Com- ask unanimous consent that all Mem- great country. bers may have 5 legislative days within merce. In that position, he became a powerful 2100 which to revise and extend their re- b and influential voice for promoting American marks and to include extraneous mate- Mr. LATOURETTE. Madam Speaker, products and trade abroad. He championed rial on H.R. 735. I yield myself such time as I may con- expanding markets for U.S. goods and serv- The SPEAKER pro tempore. Is there sume. ices, in order to increase job opportunities and objection to the request of the gen- H.R. 735 designates a Federal build- foster job creation here at home. He also served on President Clinton’s Na- tleman from Maryland? ing under construction at 799 First Av- There was no objection. enue, New York, New York, as the Ron- tional Economic Council, Domestic Policy Mr. CUMMINGS. Madam Speaker, I ald H. Brown United States Mission to Council, and Task Force on National Health yield 5 minutes to the distinguished the United Nations Building. Ron Care Reform. He served President Clinton on chairman of the committee on Ways Brown was born in Washington D.C., the Trade Promotion Coordinating Committee and was Co- Chair of the U.S.-Russia Busi- and Means, Mr. RANGEL. grew up in New York City, and had a Mr. RANGEL. Madam Speaker, distinguished career and exemplary ness Development Committee. Secretary Brown served on the Board of thank you so much for giving me this life. This is a good piece of legislation. Trustees for Middlebury College and received opportunity to share with this body the Ron Brown was born in Washington, DC his law degree from St. John’s University in life of a great American named Ron and grew up in New York city. After attending New York City. Prior to entering public service, Brown, and I’m asking your support to Middlebury College, he commanded several he worked as a welfare caseworker in New have a Federal building, a U.N. mis- units in the United States Army and served York City. sions building if you will, to be named with distinction. Following his service in the In addition to his many talents and after him. Army, Ron Brown attended St. John’s Law strengths, Secretary Brown was a passionate Even though Ron Brown was an Afri- School. civil rights activist with a distinguished record can American from Harlem, his story is After finishing law school, Ron Brown began of service to his community. His commitment more of an American story than one of a career as a lawyer and a lobbyist. He to this Nation and its citizens provides a model color, because on the streets of Harlem served as chief counsel for the Senate Judici- for us all. you don’t find too many people exposed ary Committee under the chairmanship of Secretary Brown’s life was tragically ended to dreams of ever becoming a Sec- Senator TED KENNEDY. In addition, he chaired in April 1996 when he was killed in a place retary of Commerce, indeed an ambas- the Senior Advisory Committee of the Institute crash in Croatia while on an official Depart- sador for this great country. of Politics at the John F. Kennedy School of ment of Commerce trade mission. But Ron never forgot Harlem, and it Government, Harvard University and was an The Department of State had requested that was the Urban League that drove him elected member of the Council on Foreign Re- Secretary Brown personally undertake the to do things in the civil rights move- lations. trade mission to highlight and find opportuni- ment. It was his dedication to his coun- Ron Brown’s career culminated in his ap- ties for U.S. businesses to boost economic re- try that drove him to spend 4 years in pointment as Secretary of Commerce by construction of the war torn region of former the military, but everywhere that Ron President Bill Clinton. Tragically, his life ended Yugoslavia. Brown would go as Secretary of Com- abruptly while on a trade mission to Croatia in Congress has previously designated Federal merce, he was there not just to sell 1996. Secretary Brown was an accomplished buildings that serve as Department of State fa- businesses to the country. He was there politician and diplomat. cilities on four separate occasions. In 2000, to sell the American flag, the prin- I would like to note that after the Committee Congress designated the Department of State ciples of that flag and the thing that on Transportation and Infrastructure marked headquarters as the ‘‘Harry S Truman Federal we stand for. up this bill, the State Department raised con- Building’’ (P.L. 106–218). In 2004, Congress I went with him to South Africa to cerns about setting the precedent of naming a designated the Foreign Service Institute as the see him negotiating with leaders, polit- U.S. Embassy. I hope the chairman could ‘‘George P. Schultz National Foreign Affairs ical leaders there, but all the time that work with the State Department to resolve this Training Center’’ (P.L. 108–136). In 2005, he was talking to them, it wasn’t issue before this bill is signed into law. Congress designated the United States Em- which party was right or which party Madam Speaker, I yield back the bal- bassy Annex in Rome, Italy, as the ‘‘Mel was wrong or how to bring about soli- ance of my time. Sembler Building’’ (P.L. 108–447) and des- darity. He was asking how could Amer- Mr. CUMMINGS. Madam Speaker, I ignated the Federal building in Kingston, Ja- ica help the people to get clean water, yield myself such time as I may con- maica, as the ‘‘Colin L. Powell Residential to get medicine, to get food and to let sume. Plaza’’ (P.L. 109–89). them know that our multinationals I merely want to associate myself Secretary Brown died in service to his coun- were there, not just for the share- with the words of the chairman of the try on a mission undertaken at the request of

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 7634 Sfmt 9920 E:\CR\FM\A30JY7.193 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8937 the Department of State. It is fitting and proper The first electronic vote will be con- King (NY) Murphy, Tim Shadegg Kingston Murtha Shays to honor this Federal building as the ‘‘Ronald ducted as a 15-minute vote. Remaining Kirk Musgrave Shea-Porter H. Brown United States Mission to the United electronic votes will be conducted as 5- Klein (FL) Nadler Sherman Nations Building.’’ minute votes. Kline (MN) Napolitano Shimkus I urge my colleagues to join me in sup- Knollenberg Neal (MA) Shuler f Kucinich Neugebauer Shuster porting H.R. 735. Kuhl (NY) Oberstar Simpson Ms. EDDIE BERNICE JOHNSON of Texas. NASA 50TH ANNIVERSARY Lamborn Obey Skelton Lampson Olver Slaughter Madam Speaker, I would like to take this op- COMMEMORATIVE COIN ACT portunity to express my strong, support for Langevin Ortiz Smith (NE) The SPEAKER pro tempore. The un- Lantos Pallone Smith (NJ) H.R. 735, a bill designating the U.S. Mission Larsen (WA) Pascrell Smith (TX) to the United Nations for my good friend and finished business is the vote on the mo- Larson (CT) Pastor Smith (WA) former Secretary of Commerce, the late Ron- tion to suspend the rules and pass the Latham Paul Snyder bill, H.R. 2750, as amended, on which LaTourette Payne Solis ald Herman Brown. Lee Pearce Souder Ron Brown’s legacy is one that will forever the yeas and nays were ordered. Levin Pence Space be synonymous with the term trailblazer. Ron The Clerk read the title of the bill. Lewis (CA) Perlmutter Spratt Brown was the first African American to The SPEAKER pro tempore. The Lewis (GA) Peterson (MN) Stark question is on the motion offered by Lewis (KY) Petri Stearns achieve partner at Patton, Boggs, and Blow in Linder Pickering Stupak 1981. the gentlewoman from Texas (Ms. Lipinski Pitts Sullivan In 1989, he became the first African-Amer- JACKSON-LEE) that the House suspend LoBiondo Platts Tanner the rules and pass the bill, H.R. 2750, as Loebsack Poe Tauscher ican to head the Democratic National Com- Lofgren, Zoe Pomeroy Taylor mittee, marking the first time in U.S. history, a amended. Lowey Porter Terry African-American had ever lead a major polit- The vote was taken by electronic de- Lucas Price (GA) Thompson (CA) ical party. vice, and there were—yeas 402, nays 0, Lungren, Daniel Pryce (OH) Thompson (MS) not voting 30, as follows: E. Putnam Thornberry History was made again in 1993, when Lynch Rahall Tiahrt President William Jefferson Clinton nominated, [Roll No. 758] Mahoney (FL) Ramstad Tiberi and the Senate confirmed, Ron Brown as the YEAS—402 Maloney (NY) Rangel Tierney Manzullo Regula Towns first African-American to serve as Secretary of Abercrombie Castor Frank (MA) Marchant Rehberg Turner Commerce. Aderholt Chabot Franks (AZ) Markey Reichert Udall (CO) As alluded to previously, Ron Brown was an Akin Chandler Frelinghuysen Marshall Renzi Udall (NM) Alexander Clay Garrett (NJ) astute, bright, and compassionate individual. Matheson Reyes Upton Allen Cleaver Gerlach Matsui Reynolds Van Hollen He was a brilliant lawyer, an effective Sec- Altmire Clyburn Giffords McCarthy (CA) Rodriguez Vela´ zquez retary of Commerce, but most importantly he Andrews Coble Gillibrand McCaul (TX) Rogers (AL) Visclosky was a devoted family man to his wife Alma Arcuri Cohen Gillmor McCollum (MN) Rogers (KY) Walberg Baca Cole (OK) Gingrey McCotter Rogers (MI) Walden (OR) and their two children, Michael and Tracy. Bachmann Conaway Gohmert McCrery Rohrabacher Walsh (NY) Sadly, death cheated them and this country Bachus Conyers Gonzalez McGovern Ros-Lehtinen Walz (MN) at a most unexpected hour; however, we all Baird Cooper Goode McHenry Roskam Wamp Baker Costa Goodlatte can take great pride in knowing that Ron McHugh Ross Wasserman Baldwin Costello Gordon McIntyre Rothman Schultz Brown’s legacy shall endure. Barrett (SC) Courtney Graves McKeon Roybal-Allard Waters In closing Madam Speaker, I would like to Barrow Cramer Green, Al McMorris Royce Watson commend Transportation and Infrastructure Bartlett (MD) Crenshaw Green, Gene Rodgers Ruppersberger Watt Barton (TX) Crowley Grijalva McNerney Rush Waxman BERSTAR Chairman, Mr. O , Subcommittee Bean Cuellar Hall (NY) Meek (FL) Ryan (OH) Weiner Chairwoman, Ms. NORTON, and my dear friend Becerra Culberson Hall (TX) Meeks (NY) Ryan (WI) Welch (VT) Representative RANGEL for their collective Berkley Cummings Hare Melancon Salazar Weldon (FL) Berman Davis (AL) Harman leadership in advancing this long overdue Mica Sali Weller Berry Davis (CA) Hastings (FL) Michaud Sa´ nchez, Linda Westmoreland piece of legislation. Biggert Davis (IL) Hastings (WA) Miller (FL) T. Wexler This fine measure is a fitting tribute to one Bilbray Davis (KY) Heller Miller (MI) Sanchez, Loretta Whitfield Bilirakis Davis, David Hensarling Miller (NC) Sarbanes Wicker of this country’s greatest public servants. Bishop (NY) Davis, Lincoln Herger Mr. CUMMINGS. Madam Speaker, I Miller, Gary Saxton Wilson (NM) Bishop (UT) Davis, Tom Herseth Sandlin Miller, George Schakowsky Wilson (OH) yield back the balance of my time. Blackburn Deal (GA) Higgins Mitchell Schiff Wilson (SC) The SPEAKER pro tempore. The Blumenauer DeFazio Hill Mollohan Schmidt Wolf question is on the motion offered by Blunt DeGette Hinchey Moore (KS) Schwartz Woolsey Boehner Delahunt Hinojosa Moore (WI) Scott (GA) Wu the gentleman from Maryland (Mr. Bonner DeLauro Hirono Moran (KS) Sensenbrenner Wynn CUMMINGS) that the House suspend the Bono Dent Hobson Moran (VA) Serrano Yarmuth rules and pass the bill, H.R. 735. Boozman Diaz-Balart, L. Hodes Murphy (CT) Sessions Young (AK) Boren Diaz-Balart, M. Hoekstra Murphy, Patrick Sestak Young (FL) The question was taken; and (two- Boswell Dicks Holden thirds being in the affirmative) the Boucher Dingell Holt NOT VOTING—30 Boustany Doggett Honda rules were suspended and the bill was Ackerman Granger McNulty Boyd (FL) Donnelly Hooley Bishop (GA) Gutierrez Myrick passed. Boyda (KS) Doolittle Hoyer Brown, Corrine Hastert Nunes A motion to reconsider was laid on Brady (PA) Doyle Hulshof Carson Hayes Peterson (PA) Brady (TX) Drake Hunter the table. Clarke Johnson (IL) Price (NC) Braley (IA) Dreier Inglis (SC) Cubin Johnson, Sam Radanovich f Broun (GA) Duncan Inslee Davis, Jo Ann LaHood Scott (VA) Brown (SC) Edwards Israel ANNOUNCEMENT BY THE SPEAKER Engel Mack Sires Brown-Waite, Ehlers Issa Gallegly McCarthy (NY) Sutton PRO TEMPORE Ginny Ellison Jackson (IL) Gilchrest McDermott Tancredo The SPEAKER pro tempore. Pursu- Buchanan Ellsworth Jackson-Lee ant to clause 8 of rule XX, proceedings Burgess Emanuel (TX) Burton (IN) Emerson Jefferson b 2124 will resume on questions previously Butterfield English (PA) Jindal postponed. Buyer Eshoo Johnson (GA) So (two-thirds being in the affirma- Votes will be taken in the following Calvert Etheridge Johnson, E. B. tive) the rules were suspended and the Camp (MI) Everett Jones (NC) order: Campbell (CA) Fallin Jones (OH) bill, as amended, was passed. Suspending the rules on H.R. 2750, by Cannon Farr Jordan The result of the vote was announced the yeas and nays; Cantor Fattah Kagen as above recorded. Capito Feeney Kanjorski Ordering the previous question on H. Capps Ferguson Kaptur The title of the bill was amended so Res. 580, by the yeas and nays; Capuano Filner Keller as to read: ‘‘To require the Secretary of Adoption of H. Res. 580, if ordered; Cardoza Flake Kennedy the Treasury to mint coins in com- Ordering the previous question on H. Carnahan Forbes Kildee memoration of the 50th anniversary of Carney Fortenberry Kilpatrick Res. 579, by the yeas and nays; Carter Fossella Kind the establishment of the National Aer- Adoption of H. Res. 579, if ordered. Castle Foxx King (IA) onautics and Space Administration.’’.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.211 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8938 CONGRESSIONAL RECORD — HOUSE July 30, 2007 A motion to reconsider was laid on Waters Weiner Woolsey The question was taken; and the Watson Welch (VT) Wu the table. Watt Wexler Wynn Speaker pro tempore announced that the ayes appeared to have it. f Waxman Wilson (OH) Yarmuth Mr. DREIER. Madam Speaker, on NAYS—188 PROVIDING FOR CONSIDERATION that I demand the yeas and nays. Aderholt Fortenberry Neugebauer OF H.R. 986, EIGHTMILE WILD Akin Fossella Nunes The yeas and nays were ordered. AND SCENIC RIVER ACT Alexander Foxx Paul The SPEAKER pro tempore. This The SPEAKER pro tempore. The un- Bachmann Franks (AZ) Pearce will be a 5-minute vote. Bachus Frelinghuysen Pence The vote was taken by electronic de- finished business is the vote on order- Baker Garrett (NJ) Petri ing the previous question on House Barrett (SC) Gerlach Pickering vice, and there were—yeas 222, nays Resolution 580, on which the yeas and Barrow Gillmor Pitts 184, not voting 26, as follows: Bartlett (MD) Gingrey nays were ordered. Platts [Roll No. 760] Barton (TX) Gohmert Poe The Clerk read the title of the resolu- Biggert Goode Porter YEAS—222 tion. Bilbray Goodlatte Price (GA) Abercrombie Green, Gene Neal (MA) Bilirakis Granger Pryce (OH) Allen Grijalva Oberstar The SPEAKER pro tempore. The Bishop (UT) Graves question is on ordering the previous Putnam Altmire Hall (NY) Obey Blackburn Hall (TX) Ramstad Andrews Hare Olver question. Blunt Hastings (WA) Regula Arcuri Harman Ortiz This will be a 5-minute vote. Boehner Heller Rehberg Baca Hastings (FL) Pallone Bonner Hensarling The vote was taken by electronic de- Reichert Baird Herseth Sandlin Pascrell Bono Herger Renzi Baldwin Higgins Pastor vice, and there were—yeas 216, nays Boozman Hobson Reynolds Barrow Hill Payne 188, not voting 28, as follows: Boustany Hoekstra Rogers (AL) Bean Hinchey Perlmutter Brady (TX) Hulshof [Roll No. 759] Rogers (KY) Becerra Hinojosa Peterson (MN) Broun (GA) Hunter Rogers (MI) Berkley Hirono Pomeroy Brown (SC) Inglis (SC) YEAS—216 Rohrabacher Berman Hodes Rahall Brown-Waite, Issa Ros-Lehtinen Berry Holden Rangel Abercrombie Gonzalez Mollohan Ginny Jindal Roskam Bishop (NY) Holt Reyes Allen Gordon Moore (KS) Buchanan Jones (NC) Royce Blumenauer Honda Rodriguez Altmire Green, Al Moore (WI) Burgess Jordan Ryan (WI) Boren Hooley Ross Andrews Green, Gene Moran (VA) Burton (IN) Keller Sali Boswell Hoyer Rothman Arcuri Grijalva Murphy (CT) Buyer King (IA) Saxton Boucher Inslee Roybal-Allard Baca Hall (NY) Murphy, Patrick Calvert King (NY) Schmidt Boyd (FL) Israel Ruppersberger Baird Hare Murtha Camp (MI) Kingston Sensenbrenner Boyda (KS) Jackson (IL) Rush Baldwin Harman Nadler Campbell (CA) Kirk Sessions Brady (PA) Jackson-Lee Ryan (OH) Bean Hastings (FL) Napolitano Cannon Kline (MN) Becerra Herseth Sandlin Neal (MA) Shadegg Braley (IA) (TX) Salazar Cantor Knollenberg Butterfield Jefferson Sa´ nchez, Linda Berkley Higgins Oberstar Capito Kuhl (NY) Shays Berman Hill Obey Shimkus Capps Johnson (GA) T. Carter Lamborn Capuano Johnson, E. B. Sanchez, Loretta Berry Hinchey Olver Castle Latham Shuster Bishop (NY) Hinojosa Ortiz Simpson Cardoza Jones (OH) Sarbanes Chabot LaTourette Carnahan Kagen Schakowsky Blumenauer Hirono Pallone Coble Lewis (CA) Smith (NE) Boren Hodes Pascrell Smith (NJ) Carney Kanjorski Schiff Cole (OK) Lewis (KY) Carson Kaptur Schwartz Boswell Holden Pastor Conaway Linder Smith (TX) Boucher Holt Payne Souder Castor Kennedy Scott (GA) Crenshaw LoBiondo Chandler Kildee Scott (VA) Boyd (FL) Honda Perlmutter Culberson Lucas Stearns Boyda (KS) Hooley Peterson (MN) Terry Clay Kilpatrick Serrano Davis (KY) Lungren, Daniel Cleaver Kind Sestak Brady (PA) Hoyer Pomeroy Davis, David E. Thornberry Braley (IA) Inslee Rahall Tiahrt Clyburn Klein (FL) Shays Davis, Tom Manzullo Cohen Kucinich Shea-Porter Butterfield Israel Rangel Deal (GA) Marchant Tiberi Capps Jackson (IL) Reyes Turner Conyers Lampson Sherman Dent McCarthy (CA) Cooper Langevin Shuler Capuano Jackson-Lee Rodriguez Diaz-Balart, L. McCaul (TX) Upton Cardoza (TX) Ross Walberg Costa Lantos Skelton Diaz-Balart, M. McCotter Costello Larsen (WA) Slaughter Carnahan Jefferson Rothman Doolittle McCrery Walden (OR) Carney Johnson (GA) Roybal-Allard Walsh (NY) Courtney Larson (CT) Smith (NJ) Drake McHenry Cramer Lee Smith (WA) Carson Johnson, E. B. Ruppersberger Wamp Dreier McHugh Crowley Levin Snyder Castor Jones (OH) Rush Weldon (FL) Duncan McKeon Cuellar Lewis (GA) Solis Chandler Kagen Ryan (OH) Weller Ehlers McMorris Cummings Lipinski Space Clay Kanjorski Salazar Emerson Rodgers Westmoreland ´ Davis (AL) Loebsack Spratt Cleaver Kaptur Sanchez, Linda Whitfield English (PA) Mica Davis (CA) Lofgren, Zoe Stark Clyburn Kennedy T. Wicker Everett Miller (FL) Davis (IL) Lowey Stupak Cohen Kildee Sanchez, Loretta Wilson (NM) Fallin Miller (MI) Davis, Lincoln Lynch Tanner Conyers Kilpatrick Sarbanes Wilson (SC) Feeney Miller, Gary DeFazio Mahoney (FL) Tauscher Cooper Kind Schakowsky Wolf Ferguson Moran (KS) DeGette Maloney (NY) Taylor Costa Klein (FL) Schiff Young (AK) Flake Murphy, Tim Delahunt Markey Thompson (CA) Costello Kucinich Schwartz Forbes Musgrave Young (FL) Courtney Lampson Scott (GA) DeLauro Marshall Thompson (MS) Cramer Langevin Scott (VA) NOT VOTING—28 Dicks Matheson Tierney Crowley Lantos Serrano Dingell Matsui Towns Ackerman Hastert Peterson (PA) Cuellar Larsen (WA) Sestak Doggett McCollum (MN) Udall (CO) Bishop (GA) Hayes Cummings Larson (CT) Shea-Porter Price (NC) Donnelly McGovern Udall (NM) Brown, Corrine Johnson (IL) Davis (AL) Lee Sherman Radanovich Doyle McIntyre Van Hollen Clarke Johnson, Sam Davis (CA) Levin Shuler Sires Edwards McNerney Vela´ zquez Cubin LaHood Davis (IL) Lewis (GA) Skelton Stark Ehlers Meek (FL) Visclosky Davis, Jo Ann Mack Davis, Lincoln Lipinski Slaughter Sullivan Ellison Meeks (NY) Walz (MN) Engel McCarthy (NY) DeFazio Loebsack Smith (WA) Sutton Ellsworth Melancon Wasserman Gallegly McDermott DeGette Lofgren, Zoe Snyder Tancredo Emanuel Michaud Schultz Gilchrest McNulty Delahunt Lowey Solis Eshoo Miller (NC) Waters Gutierrez Myrick DeLauro Lynch Space Etheridge Miller, George Watson Farr Mitchell Watt Dicks Mahoney (FL) Spratt ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Dingell Maloney (NY) Stupak Fattah Mollohan Waxman Doggett Markey Tanner The SPEAKER pro tempore (during Filner Moore (KS) Weiner Donnelly Marshall Tauscher the vote). Members are advised there Frank (MA) Moore (WI) Welch (VT) Doyle Matheson Taylor are 2 minutes remaining in this vote. Frelinghuysen Moran (VA) Wexler Edwards Matsui Thompson (CA) Giffords Murphy (CT) Wilson (OH) Ellison McCollum (MN) Thompson (MS) Gillibrand Murphy, Patrick Woolsey Ellsworth McGovern Tierney b 2133 Gonzalez Murtha Wu Emanuel McIntyre Towns Mr. SHAYS changed his vote from Gordon Nadler Wynn Eshoo McNerney Udall (CO) Green, Al Napolitano Yarmuth Etheridge Meek (FL) Udall (NM) ‘‘yea’’ to ‘‘nay.’’ Farr Meeks (NY) Van Hollen So the previous question was ordered. NAYS—184 Fattah Melancon Vela´ zquez The result of the vote was announced Aderholt Baker Bilbray Filner Michaud Visclosky as above recorded. Akin Barrett (SC) Bilirakis Frank (MA) Miller (NC) Walz (MN) Alexander Bartlett (MD) Bishop (UT) Giffords Miller, George Wasserman The SPEAKER pro tempore. The Bachmann Barton (TX) Blackburn Gillibrand Mitchell Schultz question is on the resolution. Bachus Biggert Blunt

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.204 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8939 Boehner Granger Pickering The SPEAKER pro tempore. The Carter Jindal Putnam Bonner Graves Pitts question is on ordering the previous Castle Jones (NC) Ramstad Bono Hall (TX) Platts Chabot Jordan Regula Boozman Hastings (WA) Poe question. Coble Keller Rehberg Boustany Heller Porter This will be a 5-minute vote. Cole (OK) King (IA) Reichert Brady (TX) Hensarling Price (GA) Conaway King (NY) Renzi Broun (GA) Herger The vote was taken by electronic de- Crenshaw Kingston Pryce (OH) vice, and there were—yeas 215, nays Reynolds Brown (SC) Hobson Putnam Culberson Kirk Rogers (AL) Brown-Waite, Hoekstra Ramstad 190, not voting 27, as follows: Davis (KY) Kline (MN) Rogers (KY) Ginny Hulshof Regula Davis, David Knollenberg Rogers (MI) Buchanan Hunter [Roll No. 761] Davis, Tom Kuhl (NY) Rehberg Rohrabacher Burgess Inglis (SC) Deal (GA) Lamborn Reichert YEAS—215 Ros-Lehtinen Burton (IN) Issa Dent Lampson Renzi Abercrombie Grijalva Neal (MA) Roskam Buyer Jindal Diaz-Balart, L. Latham Reynolds Allen Hall (NY) Oberstar Royce Calvert Jones (NC) Diaz-Balart, M. LaTourette Altmire Hare Obey Ryan (WI) Camp (MI) Jordan Rogers (AL) Doolittle Lewis (CA) Andrews Harman Sali Campbell (CA) Keller Rogers (KY) Olver Drake Lewis (KY) Arcuri Hastings (FL) Saxton Cannon King (IA) Rogers (MI) Ortiz Dreier Linder Baca Herseth Sandlin Schmidt Cantor King (NY) Rohrabacher Pallone Duncan LoBiondo Baird Higgins Sensenbrenner Capito Kingston Ros-Lehtinen Pascrell Ehlers Lucas Baldwin Hill Sessions Carter Kirk Roskam Pastor Emerson Lungren, Daniel Bean Hinchey Shadegg Castle Kline (MN) Royce Payne English (PA) E. Becerra Hinojosa Chabot Knollenberg Ryan (WI) Perlmutter Everett Manzullo Shays Berkley Hirono Coble Kuhl (NY) Sali Peterson (MN) Fallin Marchant Shimkus Berman Hodes Cole (OK) Lamborn Saxton Pomeroy Feeney McCarthy (CA) Shuster Berry Holden Conaway Latham Schmidt Rahall Ferguson McCaul (TX) Simpson Bishop (NY) Holt Smith (NE) Crenshaw LaTourette Sensenbrenner Rangel Flake McCotter Blumenauer Honda Culberson Lewis (CA) Reyes Forbes McCrery Smith (NJ) Sessions Boren Hooley Davis (KY) Lewis (KY) Rodriguez Fortenberry McHenry Smith (TX) Shadegg Boswell Hoyer Davis, David Linder Ross Fossella McHugh Souder Shimkus Boucher Inslee Davis, Tom LoBiondo Rothman Foxx McKeon Stearns Shuster Boyd (FL) Israel Deal (GA) Lucas Roybal-Allard Franks (AZ) McMorris Sullivan Simpson Boyda (KS) Jackson (IL) Dent Lungren, Daniel Ruppersberger Frelinghuysen Rodgers Taylor Smith (NE) Brady (PA) Jackson-Lee Diaz-Balart, L. E. Rush Garrett (NJ) Mica Terry Smith (TX) Braley (IA) (TX) Diaz-Balart, M. Manzullo Ryan (OH) Gerlach Miller (FL) Thornberry Souder Butterfield Jefferson Doolittle Marchant Salazar Gillmor Miller (MI) Tiahrt Stearns Capps Johnson (GA) Drake McCarthy (CA) Sa´ nchez, Linda Gingrey Miller, Gary Tiberi Sullivan Capuano Johnson, E. B. Dreier McCaul (TX) T. Gohmert Moran (KS) Turner Terry Cardoza Jones (OH) Duncan McCotter Sanchez, Loretta Goode Murphy, Tim Upton Thornberry Carnahan Kagen Emerson McCrery Sarbanes Goodlatte Musgrave Walberg Tiahrt Carney Kanjorski English (PA) McHenry Schakowsky Granger Neugebauer Walden (OR) Tiberi Carson Kaptur Everett McHugh Schiff Graves Nunes Walsh (NY) Castor Kennedy Fallin McKeon Turner Schwartz Hall (TX) Paul Wamp Chandler Kildee Feeney McMorris Upton Scott (GA) Hastings (WA) Pearce Weldon (FL) Clay Kilpatrick Ferguson Rodgers Walberg Scott (VA) Heller Pence Weller Cleaver Kind Flake Mica Walden (OR) Serrano Hensarling Petri Westmoreland Clyburn Klein (FL) Forbes Miller (FL) Walsh (NY) Sestak Herger Pickering Whitfield Cohen Kucinich Fortenberry Miller (MI) Wamp Shea-Porter Hobson Pitts Wicker Conyers Langevin Fossella Miller, Gary Weldon (FL) Sherman Hoekstra Platts Wilson (NM) Cooper Lantos Foxx Moran (KS) Weller Shuler Hulshof Poe Wilson (SC) Costa Larsen (WA) Franks (AZ) Murphy, Tim Westmoreland Skelton Hunter Porter Wolf Costello Larson (CT) Garrett (NJ) Musgrave Whitfield Slaughter Inglis (SC) Price (GA) Young (AK) Courtney Lee Gerlach Neugebauer Wicker Smith (WA) Issa Pryce (OH) Young (FL) Cramer Levin Gillmor Nunes Wilson (NM) Snyder Crowley Lewis (GA) Gingrey Paul Wilson (SC) NOT VOTING—27 Cuellar Lipinski Solis Gohmert Pearce Wolf Cummings Loebsack Space Ackerman Gilchrest McDermott Goode Pence Young (AK) Davis (AL) Lofgren, Zoe Spratt Bishop (GA) Gutierrez McNulty Goodlatte Petri Young (FL) Davis (CA) Lowey Stark Blunt Hastert Myrick Stupak Brown, Corrine Hayes Peterson (PA) NOT VOTING—26 Davis (IL) Lynch Davis, Lincoln Mahoney (FL) Tanner Clarke Johnson (IL) Price (NC) Ackerman Gutierrez McNulty DeFazio Maloney (NY) Tauscher Cubin Johnson, Sam Radanovich Bishop (GA) Hastert Myrick DeGette Markey Thompson (CA) Davis, Jo Ann LaHood Sires Brown, Corrine Hayes Peterson (PA) Delahunt Marshall Thompson (MS) Engel Mack Sutton Clarke Johnson (IL) Price (NC) DeLauro Matheson Tierney Gallegly McCarthy (NY) Tancredo Cubin Johnson, Sam Radanovich Towns Dicks Matsui ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Davis, Jo Ann LaHood Sires Dingell McCollum (MN) Udall (CO) Engel Mack Sutton Doggett McGovern Udall (NM) The SPEAKER pro tempore (during Gallegly McCarthy (NY) Tancredo Donnelly McIntyre Van Hollen the vote). Members are advised that Gilchrest McDermott Doyle McNerney Vela´ zquez Visclosky there are 2 minutes remaining in this ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Edwards Meek (FL) Ellison Meeks (NY) Walz (MN) vote. The SPEAKER pro tempore (during Ellsworth Melancon Wasserman the vote). Members are advised there Emanuel Michaud Schultz b 2146 are 2 minutes remaining in this vote. Eshoo Miller (NC) Waters Etheridge Miller, George Watson So the previous question was ordered. b 2139 Farr Mitchell Watt The result of the vote was announced Fattah Mollohan Waxman as above recorded. So the resolution was agreed to. Filner Moore (KS) Weiner The SPEAKER pro tempore. The The result of the vote was announced Frank (MA) Moore (WI) Welch (VT) Giffords Moran (VA) Wexler question is on the resolution. as above recorded. Gillibrand Murphy (CT) Wilson (OH) The question was taken; and the A motion to reconsider was laid on Gonzalez Murphy, Patrick Woolsey Speaker pro tempore announced that the table. Gordon Murtha Wu Green, Al Nadler Wynn the ayes appeared to have it. f Green, Gene Napolitano Yarmuth Mr. DREIER. Madam Speaker, on that I demand the yeas and nays. NAYS—190 PROVIDING FOR CONSIDERATION The yeas and nays were ordered. OF H.R. 2831, LILLY LEDBETTER Aderholt Bilirakis Brown-Waite, The SPEAKER pro tempore. This FAIR PAY ACT OF 2007 Akin Bishop (UT) Ginny Alexander Blackburn Buchanan will be a 5-minute vote. The SPEAKER pro tempore. The un- Bachmann Boehner Burgess The vote was taken by electronic de- Bachus Bonner Burton (IN) vice, and there were—yeas 215, nays finished business is the vote on order- Baker Buyer ing the previous question on House Bono 187, not voting 30, as follows: Barrett (SC) Boozman Calvert Resolution 579, on which the yeas and Barrow Boustany Camp (MI) [Roll No. 762] Bartlett (MD) Campbell (CA) nays were ordered. Brady (TX) Barton (TX) Cannon YEAS—215 Broun (GA) The Clerk read the title of the resolu- Biggert Cantor Abercrombie Altmire Arcuri Brown (SC) tion. Bilbray Capito Allen Andrews Baca

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.206 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8940 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Baird Harman Olver Hastings (WA) McKeon Sali deadline to ensure the amendments re- Baldwin Hastings (FL) Ortiz Heller McMorris Saxton ceive consideration. Barrow Herseth Sandlin Pallone Hensarling Rodgers Schmidt Bean Hill Pascrell Hobson Mica Sensenbrenner Amendments should be drafted to the Becerra Hinchey Pastor Hoekstra Miller (FL) Sessions bill as introduced. A copy of the bill is Berkley Hinojosa Payne Hulshof Miller (MI) Shadegg posted on the Web site of the Rules Hunter Miller, Gary Berman Hirono Perlmutter Shays Committee. Berry Hodes Peterson (MN) Inglis (SC) Moran (KS) Shimkus Issa Murphy, Tim Amendments should be drafted by Bishop (NY) Holden Pomeroy Shuster Blumenauer Holt Jindal Musgrave Rahall Simpson the Legislative Counsel and also should Boren Honda Jones (NC) Neugebauer Rangel Smith (NE) be reviewed by the Office of the Parlia- Boswell Hooley Reyes Jordan Nunes Boucher Hoyer Keller Paul Smith (NJ) mentarian to be sure that the amend- Rodriguez Smith (TX) Boyd (FL) Inslee Ross King (IA) Pearce ments comply with the rules of the Souder Boyda (KS) Israel Rothman King (NY) Pence Stearns House. Members are strongly encour- Brady (PA) Jackson (IL) Roybal-Allard Kingston Petri Sullivan aged to submit their amendments to Braley (IA) Jackson-Lee Ruppersberger Kirk Pickering Butterfield (TX) Rush Kline (MN) Pitts Terry the Congressional Budget Office for Capps Jefferson Ryan (OH) Knollenberg Platts Thornberry analysis regarding possible PAYGO Capuano Johnson (GA) Salazar Kuhl (NY) Poe Tiahrt violations. Cardoza Johnson, E. B. Sa´ nchez, Linda Lamborn Porter Tiberi Carnahan Jones (OH) T. Latham Price (GA) Turner f Carney Kagen LaTourette Pryce (OH) Sanchez, Loretta Upton LILLY LEDBETTER FAIR PAY ACT Carson Kanjorski Sarbanes Lewis (CA) Putnam Walberg Lewis (KY) Castor Kaptur Schakowsky Ramstad Walden (OR) OF 2007 Linder Regula Chandler Kennedy Schiff Walsh (NY) LoBiondo Rehberg Mr. GEORGE MILLER of California. Clay Kildee Schwartz Wamp Cleaver Kilpatrick Lucas Reichert Scott (GA) Weldon (FL) Mr. Speaker, pursuant to House Reso- Clyburn Klein (FL) Lungren, Daniel Renzi Scott (VA) Weller lution 579, I call up the bill (H.R. 2831) Cohen Kucinich E. Reynolds Serrano Westmoreland Conyers Lampson Manzullo Rogers (AL) to amend title VII of the Civil Rights Sestak Cooper Langevin Marchant Rogers (KY) Whitfield Act of 1964, the Age Discrimination in Shea-Porter Costa Lantos McCarthy (CA) Rogers (MI) Wicker Sherman Employment Act of 1967, the Ameri- Costello Larsen (WA) McCaul (TX) Rohrabacher Wilson (NM) Shuler cans With Disabilities Act of 1990, and Courtney Larson (CT) McCotter Ros-Lehtinen Wilson (SC) Skelton Cramer Lee McCrery Roskam Wolf the Rehabilitation Act of 1973 to clar- Slaughter Crowley Levin McHenry Royce Young (AK) ify that a discriminatory compensation Smith (WA) Cuellar Lewis (GA) McHugh Ryan (WI) Young (FL) Snyder decision or other practice that is un- Cummings Lipinski Davis (AL) Loebsack Solis NOT VOTING—30 lawful under such Acts occurs each Space Davis (CA) Lofgren, Zoe Ackerman Hastert McDermott time compensation is paid pursuant to Spratt Davis (IL) Lowey Bishop (GA) Hayes McNulty the discriminatory compensation deci- Stark Davis, Lincoln Lynch Brown, Corrine Herger Myrick Stupak sion or other practice, and for other DeFazio Mahoney (FL) Clarke Higgins Nadler Tanner DeGette Maloney (NY) Cubin Johnson (IL) Peterson (PA) purposes, and ask for its immediate Delahunt Markey Tauscher Davis, Jo Ann Johnson, Sam Price (NC) consideration. DeLauro Marshall Taylor Engel Kind Radanovich Thompson (CA) The Clerk read the title of the bill. Dicks Matheson Gallegly LaHood Sires The text of the bill is as follows: Dingell Matsui Thompson (MS) Gilchrest Mack Sutton Doggett McCollum (MN) Tierney Gutierrez McCarthy (NY) Tancredo H.R. 2831 Towns Donnelly McGovern Be it enacted by the Senate and House of Rep- Udall (CO) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Doyle McIntyre resentatives of the United States of America in Edwards McNerney Udall (NM) The Speaker pro tempore (during the Van Hollen Congress assembled, Ellison Meek (FL) vote). Members are advised that there Ellsworth Meeks (NY) Vela´ zquez SECTION 1. SHORT TITLE. Emanuel Melancon Visclosky are 2 minutes remaining in this vote. This Act may be cited as the ‘‘Ledbetter Eshoo Michaud Walz (MN) Fair Pay Act of 2007’’. Etheridge Miller (NC) Wasserman b 2152 Schultz SEC. 2. FINDINGS. Farr Miller, George So the resolution was agreed to. Fattah Mitchell Waters Congress finds the following: Filner Mollohan Watson The result of the vote was announced (1) The Supreme Court in Ledbetter v. Frank (MA) Moore (KS) Watt as above recorded. Goodyear Tire & Rubber Co., No. 05–1074 Giffords Moore (WI) Waxman A motion to reconsider was laid on (May 29, 2007), significantly impairs statu- Weiner Gillibrand Moran (VA) the table. tory protections against discrimination in Gonzalez Murphy (CT) Welch (VT) compensation that Congress established and Gordon Murphy, Patrick Wexler f Green, Al Murtha Wilson (OH) that have been bedrock principles of Amer- ican law for decades. The Ledbetter decision Green, Gene Napolitano Woolsey AMENDMENT PROCESS FOR CON- Grijalva Neal (MA) Wu undermines those statutory protections by Hall (NY) Oberstar Wynn SIDERATION OF H.R. 3221, NEW unduly restricting the time period in which Hare Obey Yarmuth DIRECTION FOR ENERGY INDE- victims of discrimination can challenge and PENDENCE, NATIONAL SECU- recover for discriminatory compensation de- NAYS—187 RITY, AND CONSUMER PROTEC- cisions or other practices, contrary to the in- Aderholt Burgess Dreier TION ACT tent of Congress. Akin Burton (IN) Duncan (2) The limitation imposed by the Court on Alexander Buyer Ehlers (Ms. SLAUGHTER asked and was the filing of discriminatory compensation Bachmann Calvert Emerson given permission to address the House claims ignores the reality of wage discrimi- Bachus Camp (MI) English (PA) for 1 minute.) nation and is at odds with the robust appli- Baker Campbell (CA) Everett Barrett (SC) Cannon Fallin Ms. SLAUGHTER. Mr. Speaker, the cation of the civil rights laws that Congress Bartlett (MD) Cantor Feeney Rules Committee is expected to meet intended. Barton (TX) Capito Ferguson Thursday, August 2, to grant a rule (3) With regard to any charges of discrimi- Biggert Carter Flake which may structure the amendment nation under any law, nothing in this Act is Bilbray Castle Forbes intended to preclude or limit an aggrieved Bilirakis Chabot Fortenberry process for floor consideration of H.R. person’s right to introduce evidence of un- Bishop (UT) Coble Fossella 3221, the New Direction for Energy lawful employment practices that have oc- Blackburn Cole (OK) Foxx Independence, National Security, and Blunt Conaway Franks (AZ) curred outside the time for filing a charge of Boehner Crenshaw Frelinghuysen Consumer Protection Act. discrimination. Bonner Culberson Garrett (NJ) Members who wish to offer an amend- SEC. 3. DISCRIMINATION IN COMPENSATION BE- Bono Davis (KY) Gerlach ment to this bill should submit 30 cop- CAUSE OF RACE, COLOR, RELIGION, Boozman Davis, David Gillmor SEX, OR NATIONAL ORIGIN. Boustany Davis, Tom Gingrey ies of the amendment and a brief de- scription of the amendment to the Section 706(e) of the Civil Rights Act of Brady (TX) Deal (GA) Gohmert 1964 (42 U.S.C. 2000e–5(e)) is amended by add- Broun (GA) Dent Goode Rules Committee in H–312 in the Cap- ing at the end the following: Brown (SC) Diaz-Balart, L. Goodlatte itol no later than 5 p.m. on Wednesday, Brown-Waite, Diaz-Balart, M. Granger ‘‘(3)(A) For purposes of this section, an un- Ginny Doolittle Graves August 1. Members are strongly ad- lawful employment practice occurs, with re- Buchanan Drake Hall (TX) vised to adhere to the amendment spect to discrimination in compensation in

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.208 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8941 violation of this title, when a discriminatory adopt the standards applied under title I of right to introduce evidence of unlawful employ- compensation decision or other practice is the Americans with Disabilities Act of 1990 ment practices that have occurred outside the adopted, when an individual becomes subject for determining whether a violation has oc- time for filing a charge of discrimination. to a discriminatory compensation decision curred in a complaint alleging employment (4) This Act is not intended to change current or other practice, or when an individual is discrimination; and law treatment of when pension distributions are affected by application of a discriminatory (2) paragraphs (1) and (2) of section 505(a) of considered paid. compensation decision or other practice, in- such Act (29 U.S.C. 794a(a)) (as amended by SEC. 3. DISCRIMINATION IN COMPENSATION BE- cluding each time wages, benefits, or other subsection (c)). CAUSE OF RACE, COLOR, RELIGION, compensation is paid, resulting in whole or (c) CONFORMING AMENDMENTS.— SEX, OR NATIONAL ORIGIN. in part from such a decision or other prac- (1) REHABILITATION ACT OF 1973.—Section Section 706(e) of the Civil Rights Act of 1964 tice. 505(a) of the Rehabilitation Act of 1973 (29 (42 U.S.C. 2000e–5(e)) is amended by adding at ‘‘(B) In any action under this title with re- U.S.C. 794a(a)) is amended— the end the following: spect to discrimination in compensation, the (A) in paragraph (1), by inserting after ‘‘(42 ‘‘(3)(A) For purposes of this section, an un- Commission, the Attorney General, or an ag- U.S.C. 2000e–5 (f) through (k))’’ the following: lawful employment practice occurs, with respect grieved person, may for purposes of filing re- ‘‘(and the application of section 706(e)(3) (42 to discrimination in compensation in violation quirements, challenge similar or related in- U.S.C. 2000e–5(e)(3)) to claims of discrimina- of this title, when a discriminatory compensa- stances of unlawful employment practices tion in compensation)’’; and tion decision or other practice is adopted, when with respect to discrimination in compensa- (B) in paragraph (2), by inserting after an individual becomes subject to a discrimina- tion occurring after an aggrieved person ‘‘1964’’ the following: ‘‘(42 U.S.C. 2000d et tory compensation decision or other practice, or filed a charge without filing another charge seq.) (and in subsections (e)(3) of section 706 when an individual is affected by application of with the Commission. of such Act (42 U.S.C. 2000e–5), applied to a discriminatory compensation decision or other ‘‘(C) In addition to any relief authorized by claims of discrimination in compensation)’’. practice, including each time wages, benefits, or 1977a of the Revised Statutes (42 U.S.C. (2) CIVIL RIGHTS ACT OF 1964.—Section 717 of other compensation is paid, resulting in whole 1981a), liability may accrue and an aggrieved the Civil Rights Act of 1964 (42 U.S.C. 2000e– or in part from such a decision or other practice. person may obtain relief as provided in sec- 16) is amended by adding at the end the fol- ‘‘(B) In addition to any relief authorized by tion (g)(1), including recovery of back pay lowing section 1977a of the Revised Statutes (42 U.S.C. for up to two years preceding the filing of ‘‘(f) Section 706(e)(3) shall apply to com- 1981a), liability may accrue and an aggrieved the charge, where the unlawful employment plaints of discrimination in compensation person may obtain relief as provided in sub- practices that have occurred during the under this section.’’. section (g)(1), including recovery of back pay for charge filing period are similar or related to (3) AGE DISCRIMINATION ACT OF 1967.—Sec- up to two years preceding the filing of the unlawful employment practices with regard tion 15(f) of the Age Discrimination in Em- charge, where the unlawful employment prac- to discrimination in compensation that oc- ployment Act of 1967 (29 U.S.C. 633a(f)) is tices that have occurred during the charge filing curred outside the time for filing a charge.’’. amended by striking ‘‘of section’’ and insert- period are similar or related to unlawful em- SEC. 4. DISCRIMINATION IN COMPENSATION BE- ing ‘‘of sections 7(d)(3) and’’. ployment practices with regard to discrimination CAUSE OF AGE. SEC. 6. EFFECTIVE DATE. in compensation that occurred outside the time Section 7(d) of the Age Discrimination Act This Act, and the amendments made by for filing a charge.’’. of 1967 (29 U.S.C. 626(d)) is amended— this Act, take effect as if enacted on May 28, SEC. 4. DISCRIMINATION IN COMPENSATION BE- (1) in the first sentence— 2007 and apply to all claims of discrimination CAUSE OF AGE. (A) by redesignating paragraphs (1) and (2) in compensation under title VII of the Civil Section 7(d) of the Age Discrimination in Em- as subparagraphs (A) and (B), respectively; Rights Act of 1964 (42 U.S.C. 2000e et seq.), ployment Act of 1967 (29 U.S.C. 626(d)) is and the Age Discrimination in Employment Act amended— (B) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; of 1967 (29 U.S.C. 621 et seq.), title I and sec- (1) by redesignating paragraphs (1) and (2) as (2) in the third sentence, by striking tion 503 of the Americans with Disabilities subparagraphs (A) and (B), respectively; ‘‘Upon’’ and inserting the following: Act of 1990, and sections 501 and 504 of the (2) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; ‘‘(2) Upon’’; and Rehabilitation Act of 1973, that are pending (3) in the third sentence, by striking ‘‘Upon’’ (3) by adding at the end the following: on or after that date. and inserting the following: ‘‘(3)(A) For purposes of this section, an un- The SPEAKER pro tempore (Mr. ‘‘(2) Upon’’; and lawful practice occurs, with respect to dis- (4) by adding at the end the following: crimination in compensation in violation of JOHNSON of Georgia). Pursuant to ‘‘(3) For purposes of this section, an unlawful this Act, when a discriminatory compensa- House Resolution 579, the amendment practice occurs, with respect to discrimination tion decision or other practice is adopted, in the nature of a substitute printed in in compensation in violation of this Act, when when a person becomes subject to a discrimi- the bill is adopted and the bill, as a discriminatory compensation decision or other natory compensation decision or other prac- amended, is considered read. practice is adopted, when a person becomes sub- tice, or when a person is affected by applica- The text of the bill, as amended, is as ject to a discriminatory compensation decision tion of a discriminatory compensation deci- follows: or other practice, or when a person is affected sion or other practice, including each time by application of a discriminatory compensation H.R. 2831 wages, benefits, or other compensation is decision or other practice, including each time paid, resulting in whole or in part from such [Strike out all after the enacting clause wages, benefits, or other compensation is paid, a decision or other practice. and insert the part printed in italic] resulting in whole or in part from such a deci- ‘‘(B) In any action under this Act with re- Be it enacted by the Senate and House of Rep- sion or other practice.’’. spect to discrimination in compensation, the resentatives of the United States of America in SEC. 5. APPLICATION TO OTHER LAWS. Congress assembled, Secretary or an aggrieved person, may for (a) AMERICANS WITH DISABILITIES ACT OF purposes of filing requirements, challenge SECTION 1. SHORT TITLE. 1990.—The amendment made by section 3 shall similar or related instances of unlawful em- This Act may be cited as the ‘‘Lilly Ledbetter apply to claims of discrimination in compensa- ployment practices with respect to discrimi- Fair Pay Act of 2007’’. tion brought under title I and section 503 of the nation in compensation occurring after an SEC. 2. FINDINGS. Americans with Disabilities Act of 1990 (42 aggrieved person filed a charge without fil- Congress finds the following: U.S.C. 12111 et seq., 12203), pursuant to section ing another charge with the Secretary.’’. (1) The Supreme Court in Ledbetter v. Good- 107(a) of such Act (42 U.S.C. 12117(a)), which SEC. 5. APPLICATION TO OTHER LAWS. year Tire & Rubber Co., No. 05–1074 (May 29, adopts the powers, remedies, and procedures set (a) AMERICANS WITH DISABILITIES ACT OF 2007), significantly impairs statutory protections forth in section 706 of the Civil Rights Act of 1990.—The amendment made by section 3 against discrimination in compensation that 1964 (42 U.S.C. 2000e–5). shall apply to claims of discrimination in Congress established and that have been bed- (b) REHABILITATION ACT OF 1973.—The compensation brought under title I and sec- rock principles of American law for decades. amendments made by section 3 shall apply to tion 503 of the Americans with Disabilities The Ledbetter decision undermines those statu- claims of discrimination in compensation Act of 1990 (42 U.S.C. 12111 et seq., 12203), pur- tory protections by unduly restricting the time brought under sections 501 and 504 of the Reha- suant to section 107(a) of such Act (42 U.S.C. period in which victims of discrimination can bilitation Act of 1973 (29 U.S.C. 791, 794), pursu- 12117(a)), which adopts the powers, remedies, challenge and recover for discriminatory com- ant to— and procedures set forth in section 706 of the pensation decisions or other practices, contrary (1) sections 501(g) and 504(d) of such Act (29 Civil Rights Act of 1964 (42 U.S.C. 2000e–5). to the intent of Congress. U.S.C. 791(g), 794(d)), respectively, which adopt (b) REHABILITATION ACT OF 1973.—The (2) The limitation imposed by the Court on the the standards applied under title I of the Ameri- amendments made by section 3 shall apply to filing of discriminatory compensation claims ig- cans with Disabilities Act of 1990 for deter- claims of discrimination in compensation nores the reality of wage discrimination and is mining whether a violation has occurred in a brought under sections 501 and 504 of the Re- at odds with the robust application of the civil complaint alleging employment discrimination; habilitation Act of 1973 (29 U.S.C. 791, 794), rights laws that Congress intended. and pursuant to— (3) With regard to any charges of discrimina- (2) paragraphs (1) and (2) of section 505(a) of (1) sections 501(g) and 504(d) of such Act (29 tion under any law, nothing in this Act is in- such Act (29 U.S.C. 794a(a)) (as amended by U.S.C. 791(g), 794(d)), respectively, which tended to preclude or limit an aggrieved person’s subsection (c)).

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.212 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8942 CONGRESSIONAL RECORD — HOUSE July 30, 2007 (c) CONFORMING AMENDMENTS.— year discriminated against Ms. rights and that her claim came too (1) REHABILITATION ACT OF 1973.—Section Ledbetter, and it is important that the late. 505(a) of the Rehabilitation Act of 1973 (29 Members understand that that is what The EEOC, in its own compliance U.S.C. 794a(a)) is amended— (A) in paragraph (1), by inserting after ‘‘(42 the jury’s determination was, they de- manual, states that ‘‘discriminatory U.S.C. 2000e–5 (f) through (k))’’ the following: cided that her claim was made too late. paychecks can be challenged so long as ‘‘(and the application of section 706(e)(3) (42 Not that she was wrong, not that Good- one is issued within the filing period, U.S.C. 2000e–5(e)(3)) to claims of discrimination year was right. Her claim simply came regardless of when the decision to issue in compensation)’’; and too late. them was made.’’ Again, the law before (B) in paragraph (2), by inserting after ‘‘1964’’ Title VII of the Civil Rights Act re- the Supreme Court. In fact, the Con- the following: ‘‘(42 U.S.C. 2000d et seq.) (and in quires an employee to file an EEOC gressional Budget Office reports that subsections (e)(3) of section 706 of such Act (42 U.S.C. 2000e–5), applied to claims of discrimina- charge within 180 days of unlawful em- this would not establish a new cause of tion in compensation)’’. ployment practices. Ms. Ledbetter filed action for pay discrimination, it will (2) CIVIL RIGHTS ACT OF 1964.—Section 717 of within 180 days, as required, of receiv- not significantly effect the number of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) ing the discriminatory pay from Good- filings in the EEOC, and it will not sig- is amended by adding at the end the following: year. In fact, she filed as soon as she nificantly increase the cost of EEOC in ‘‘(f) Section 706(e)(3) shall apply to complaints found out that she was receiving dis- other Federal courts. of discrimination in compensation under this Understand this: Unless Congress section.’’. criminatory pay. She found out thanks (3) AGE DISCRIMINATION ACT OF 1967.—Section to an anonymous note left in her mail- acts and employers who have made dis- 15(f) of the Age Discrimination in Employment box. criminatory pay decisions before 180 Act of 1967 (29 U.S.C. 633a(f)) is amended by But a slim majority of the Supreme days ago, they will be allowed to law- striking ‘‘of section’’ and inserting ‘‘of sections Court found that, because Ms. fully continue discriminating against 7(d)(3) and’’. Ledbetter did not file within 180 days the people that they employ. If they SEC. 6. EFFECTIVE DATE. of the discriminatory decision to write can hide the discriminatory act for 180 This Act, and the amendments made by this those discriminatory paychecks that days, they can then continue to dis- Act, take effect as if enacted on May 28, 2007 and apply to all claims of discrimination in com- she received for many, many years, her criminate far into the future if they pensation under title VII of the Civil Rights Act time had run out. She could not re- got past the 180 days. That is why this of 1964 (42 U.S.C. 2000e et seq.), the Age Dis- cover anything from Goodyear. is so important. crimination in Employment Act of 1967 (29 The majority’s decision is absurd and The law now tells employers it’s U.S.C. 621 et seq.), title I and section 503 of the entirely shuns the reason in order to okay to discriminate; if you can get Americans with Disabilities Act of 1990, and sec- satisfy this ideological agenda. away with it for 180 days, you’re home tions 501 and 504 of the Rehabilitation Act of H.R. 2831, the Lilly Ledbetter Fair free. All we’re asking here is to restore 1973, that are pending on or after that date. Pay Act, is narrowly tailored and de- the law as it was, which was that each The SPEAKER pro tempore. The gen- signed to restore the law on pay dis- paycheck was a discriminatory act, tleman from California (Mr. GEORGE crimination as it was before the Su- and under the law you had 180 days to MILLER) and the gentleman from Cali- preme Court’s decision, the law as it file a claim. That’s what this bill says. fornia (Mr. MCKEON) each will control was for some 35 years, the law as it was That’s what the law said before. If you 30 minutes. reaffirmed in circuit court after circuit file that claim and you’re successful, The Chair recognizes the gentleman court, as it was affirmed by the Con- you can receive up to 2 years back pay from California (Mr. GEORGE MILLER). gress of the United States. to make up for that. That’s what the Mr. GEORGE MILLER of California. This bill restores the law so that the law was. That’s what we seek to do in Mr. Speaker, I yield myself 6 minutes. Mr. Speaker, discrimination is anath- 180-day statute of limitations clock this legislation. This is the only decent thing to do. ema to everything this country stands runs when a discriminatory pay deci- People say, well, she should have for. It is anathema to the promise that sion or practice is adopted, when a per- known or she should have asked around is America. Regrettably, the recent Su- son becomes subject to the pay deci- preme Court’s recent Ledbetter v. sion or practice, or when a person is af- or she should have done this, should Goodyear decision threatens to turn fected by the pay decision or practice, have done a lot of things. Except we back the clock on the progress we have including whenever she receives a dis- know that also in many instances em- made since the passage of the Civil criminatory paycheck. In other words, ployers, in fact, have policies where Rights Act of 1964 more than 40 years every discriminatory paycheck is a they prohibit employees from asking ago. violation of the act. That is as the law another employee about their level of The Supreme Court’s decision in was for these many, many years. That pay, about their compensation. Ledbetter severely restricts the right is what we seek to do. So the fact of the matter is this leg- of employees to challenge pay discrimi- The bill makes it clear that a victim islation is absolutely necessary to end nation. It ignores the realities of the of pay discrimination is entitled to a these discriminatory practices on pay, workplace, prior precedent, and the full 2 years of back pay. That is as the be it against a woman, an African clear intent of Congress. law currently is. You are entitled to re- American, Hispanic, a person over 60. Justice Ginsburg’s dissent in this cover up to 2 years’ back pay under Whatever the conditions are, it should narrowly divided 5–4 decision called on title VII. not be allowed to stand. We should re- turn to the law as it was these many Congress to reverse this decision, and b 2200 that is what we are here to do today. years. Lilly Ledbetter, the plaintiff in this The bill ensures that these simple re- Mr. Speaker, I reserve the balance of case, worked for Goodyear for over 19 forms extend to the Age Discrimina- my time. years. When she retired as a supervisor tion and Employment Act, the Ameri- Mr. MCKEON. Mr. Speaker, I yield in 1998, she discovered that her salary cans with Disabilities Act, and the Re- myself such time as I may consume. was 20 percent lower than that of the habilitation Act. H.R. 2831 restores the Mr. Speaker, I rise in opposition to lowest-paid male supervisor. Not only law to what it was for years before this this ill-considered and over-reaching was Ms. Ledbetter earnings nearly $400 recent Supreme Court decision in the legislation. a month less than her male colleagues, Ledbetter case. Proponents of this bill claim it sim- she also retired, obviously, with a sub- Circuit court after circuit courts ply reverses a May 29, 2007, U.S. Su- stantially smaller pension. have held that the receipt of a dis- preme Court decision and further clari- A jury found that Goodyear discrimi- criminatory paycheck is a new viola- fies congressional opposition to wage nated against Ms. Ledbetter, and she tion of the law. Lilly Ledbetter re- discrimination against employees in was awarded $3.8 million in back pay ceived her last discriminatory pay- the workplace. In reality, however, it and damages. This amount was reduced check. She was then informed about it, will set into motion unintended con- to the $360,000 damage cap in title VII and she filed within 180 days. That’s sequences that its supporters simply of the Civil Rights Act. what the law was, that’s what she did, are not willing to acknowledge. Despite the jury’s finding, the Su- and then this Supreme Court decided At the outset, let me make it clear preme Court decided that while Good- somehow that she wasn’t within her that opposition to discrimination of

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.209 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8943 any type, be it gender discrimination, tration noted that the legislation This legislation does not appear to be racial discrimination, or any other ‘‘would serve to impede justice and un- based on evidence that the current statute of type of discrimination inside or outside dermine the important goal of having limitations principles have caused any sys- the workplace is not confined to one allegations of discrimination expedi- temic prejudice to the interests of employ- ees, but it is reasonable to expect the bill’s party or the other. Every Member of tiously resolved.’’ vastly expanded statute of limitations would this Chamber stands in strong opposi- Furthermore, the effect of elimi- exacerbate the existing heavy burden on the tion to the unfair treatment of any nation of any statute of limitations in courts by encouraging the filing of stale worker, but at the same time we must this area would be contrary to the cen- claims. stand firmly behind a process that en- turies’ old notion about limitations, Mr. Speaker, as the President’s veto sures justice for all parties, and that period, for all lawsuits. threat makes clear, H.R. 2831 is not a includes protecting against the poten- At this time, Mr. Speaker, I would matter of tinkering around the edges tial for abuse and over-litigation. That, like to enter the Statement of Admin- as its supporters would have the Amer- I believe, is where the two parties di- istration Policy into the RECORD. ican people believe. Rather, it is a fun- verge on the bill before us. We aren’t EXECUTIVE OFFICE OF THE PRESI- DENT, OFFICE OF MANAGEMENT damental overhaul of long-standing taking sides for or against discrimina- AND BUDGET, civil rights laws. The last major tion in the workplace; rather, we’re Washington, DC, July 27, 2007. change to these laws occurred more staking out different positions on fair STATEMENT OF ADMINISTRATION POLICY H.R. than 15 years ago and after several and equitable justice and the rule of 2831—LILLY LEDBETTER FAIR PAY ACT OF years of debate. Yet, here we are, bare- law. 2007 (REP. MILLER (D) CA AND 31 COSPON- ly 2 months removed from a Supreme For more than 40 years, title VII of SORS) Court decision ready to grab headlines the 1964 Civil Rights Act has made it il- The Administration supports our Nation’s before we return home for the month of legal for employers to determine an anti-discrimination laws and is committed August by advancing a highly flawed employee’s pay scale based on his or to the timely resolution of discrimination bill without any regard to the long- claims. For this and other reasons, the Ad- her gender. And this is a principle upon term ramifications it could have which all of us, Democrats and Repub- ministration strongly opposes the Ledbetter Fair Pay Act of 2007. H.R. 2831 would allow should it ever make its way into law. licans alike, can agree. As such, cur- employees to bring a claim of pay or other H.R. 2831 represents bad policy, and rent law provides that any individual employment-related discrimination years or even worse processing, and for these wishing to challenge an employment even decades after the alleged discrimination reasons I will oppose it. I urge my col- practice as discriminatory must first occurred. H.R. 2831 constitutes a major leagues to do likewise. file a charge with the Equal Employ- change in, and expanded application of, em- Mr. Speaker, I reserve the balance of ment Opportunity Commission within ployment discrimination law. The change my time. the applicable statute of limitations, would serve to impede justice and undermine Mr. GEORGE MILLER of California. which is either 180 or 300 days, depend- the important goal of having allegations of Mr. Speaker, I yield 4 minutes to the discrimination expeditiously resolved. Fur- ing on his or her state of employment thermore, the effective elimination of any gentleman from New Jersey (Mr. AN- after the alleged workplace discrimina- statute of limitations in this area would be DREWS), a member of the committee. tion occurred. contrary to the centuries-old notion of a lim- (Mr. ANDREWS asked and was given The statute of limitations was clear- itations period for all lawsuits. If H.R. 2831 permission to revise and extend his re- ly established in the law to encourage were presented to the President. his senior marks.) the timely filing of claims, which helps advisors would recommend that he veto the Mr. ANDREWS. I thank the chair- prevent the filing of stale claims and bill. man for yielding, and I rise in strong protects against abuse of the legal sys- Meaningful statutes of limitations in these support of this legislation. sorts of fact-intensive cases are crucial to Mr. Speaker, our friend, the ranking tem. the fair administration of justice. The Consider these worst case scenarios, prompt assertion of employment discrimina- member of the full committee, just for example. Without a statute of limi- tion permits employers to defend against— said that this bill repeals the statute of tations in place, an employee could sue and allows employees to prove—claims that limitations. This is completely wrong. for discrimination resulting from an arise from employment decisions instead of The bill does not repeal the statute of alleged discriminatory act that might having to litigate claims that are long past. limitations for these claims; it restores have occurred 5, 10, 20, 40, or even more In such cases, evidence often will have been the statute of limitations that has years earlier. And without a statute of lost, memories will have faded, and witnesses been in existence for nearly four dec- limitations in place, it is entirely con- will have moved on. Moreover, effective stat- ades under this law, an interpretation utes of limitations benefit employees by en- ceivable that a worker or retiree could couraging the prompt discovery, assertion, of the statute of limitations that vir- seek damages against a company run and resolution of employment discrimina- tually unanimously, in the Circuit by employees and executives that had tion claims so that workplace discrimination Court of Appeals, has been held to be nothing to do with the initial act of al- can be remedied without delay. the law. leged discrimination that occurred doz- H.R. 2831 purports to undo the Supreme What is this standard? It says that if ens of years ago. Court’s decision of May 29, 2007, in Ledbetter a person works in a workplace, as most H.R. 2831 would essentially dismantle v. Goodyear Tire & Rubber Co. by permitting workplaces are, where knowing what the statute of limitations and replace pay discrimination claims to be brought your coworker makes is discouraged or within 180 days not of a discriminatory pay it with a new system under which decision, which is the rule under current law, even prohibited, that if you’re the vic- every paycheck received by the em- but rather within 180 days of receiving any tim of discrimination because of your ployee allegedly discriminated against paycheck affected by such a decision, no race or your gender or your religion or starts the clock on an entirely new matter how far in the past the underlying your nationality, then you have the statute. While fair-minded and prin- act of discrimination allegedly occurred. As right to pursue that claim each time a cipled, this dramatic change in civil a result, this legislation effectively elimi- new paycheck is issued that manifests rights law would have incredibly far- nates any time requirement for filing a and evidences that discrimination. reaching impact, one that supporters of claim involving compensation discrimina- This is not a novel theory. This has tion. Allegations from thirty years ago or the bill have yet to take the time to more could be resurrected and filed in fed- been the law for nearly 40 years. And thoroughly and appropriately consider. eral courts. this bill restores that law. And B, under H.R. 2831, the worst case Moreover, the bill far exceeds the stated Second, our friends on the other side scenarios I just described would be- purpose of undoing the Court’s decision in talk about these cataclysmic events come commonplace. And let’s not kid Ledbetter by extending the expanded statute that are going to occur if the law is re- ourselves; our Nation’s trial lawyers of limitations to any ‘‘other practice’’ that stored, people filing suits 70 years after would seize upon them. remotely affects an individual’s wages, bene- discrimination took place. What an odd Because H.R. 2831 would dismantle fits, or other compensation in the future. plaintiff that would be, Mr. Speaker, This could effectively waive the statute of the critical statute of limitations, the limitations for a wide variety of claims (such someone who has been victimized for 60 Bush administration last week threat- as promotion and arguably even termination or 50 or 40 years by discrimination, but ened to veto, should the bill ever arrive decisions) traditionally regarded as action- because they want to game the legal at his desk. Specifically, the adminis- able only when they occur. system, sit and wait it out? I’ve never

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.218 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8944 CONGRESSIONAL RECORD — HOUSE July 30, 2007 met that plaintiff, Mr. Speaker, and I to be affected by an allegedly discrimi- are fresh, documents are available, and don’t think anybody really has. natory decision relating to compensa- the employees are alive. If all of these cataclysmic events tion wages, benefits, or any other prac- The Ledbetter case is a perfect exam- were going to happen, why haven’t tice to sue for discrimination that may ple. Ms. Ledbetter alleged sexual har- they happened for the last 40 years? have occurred years or even decades in assment misconduct by a single Good- Why haven’t people sued 40 or 50 years the past. The anticipated increase in year supervisor, yet she waited 19 years after discrimination took place? It’s legal and recordkeeping costs created after the former supervisor passed because that’s not what this statute of by this legislation would, indeed, be away from cancer to file a lawsuit. limitations permits, and that’s not staggering. On June 12, 2007, Ms. Ledbetter testi- human nature. Congress should not be in the busi- fied before our Education and Labor My friend makes reference, Mr. ness of removing incentives for prompt Committee. She stated, ‘‘My story Speaker, to the worst case scenario. resolution of discrimination claims. began in 1979 when Goodyear hired me My friends, Lilly Ledbetter lived the And that is what this would do; it to work as a supervisor in their tire worst case scenario. She worked for would remove the incentive to find a production plant in Gadsden, Alabama. nearly 20 years for Goodyear. She was prompt and timely resolution to dis- I worked there for 19 years. One of my very good at her job. She got awards crimination claims. supervisors asked me to go down to a for being an excellent employee. Very I thank the gentleman from Cali- local hotel with him and promised if I late in her career she found out that fornia, and I encourage my colleagues did, I would get good evaluations. He she was making 20 percent less than to vote against the bill. said if I didn’t, I would get put at the the men doing the same job because Mr. GEORGE MILLER of California. bottom of the list. I didn’t say any- she was a woman, so she went to the Mr. Speaker, I recognize the gentle- thing at first because I wanted to try EEOC. She pursued her claim in Fed- woman from Connecticut (Ms. to work it out and fit in without mak- eral court. Goodyear stood up and said, DELAURO). ing waves.’’ oh, no; she was discriminated against Ms. DELAURO. Lilly Ledbetter was At our hearing, I spoke with Ms. not because she’s a woman, but because shortchanged; shortchanged by her em- Ledbetter at length. She seemed like a she wasn’t as good at her job as the ployer, by consistent pay discrimina- nice lady to me. The conversation she men. And a jury of her peers heard that tion lasting years; shortchanged again described about the motel made you defense, heard that evidence, and ruled by the Supreme Court with its decision angry about it and sympathetic to her. in her favor. limiting a woman’s ability to sue their I wondered what that supervisor would Up the ladder the case went to the employers for pay discrimination under have said 19 years ago. Would he admit United States Supreme Court, and the title VII of the Civil Rights Act. it? Would he deny it but not be very Court said, she may have been dis- As Justice Ginsburg suggested in her credible? Or would he have said that it criminated against, she may have been dissent, Congress now has an obliga- couldn’t have happened because he was wronged, but she just didn’t do any- tion to correct the Court’s decision. in Canada at the time and here is my thing about it soon enough; never mind That’s why we are here, to make it proof of that? that she followed the rules that had clear the title VII statute of limita- Well, it turns out that the U.S. Su- been in effect for nearly 40 years. tions runs from the date a discrimina- preme Court was thinking the same This is a restoration of the statute of tory wage is actually paid, not simply type of thoughts I was about this mat- limitations, not a new statute of limi- some earliest possible date which has ter. Their opinion makes their con- tations or an abrogation of it. And come and gone long ago. cerns crystal clear. more importantly, it is a restoration of I commend Congressman MILLER for On page 12 of its opinion, the U.S. Su- justice for people like Lilly Ledbetter acting with urgency to correct the in- preme Court wrote: ‘‘The passage of who deserve better than this Supreme justice. It is time to value the work time may seriously diminish the abil- Court ruling and deserve the passage of that women do in our society, respect- ity of the parties and the factfinder to this bill. ing the work that women do, and to reconstruct what actually happened. I urge my colleagues to vote ‘‘yes.’’ value it. This case illustrates the problems cre- Mr. MCKEON. Mr. Speaker, I am ated by tardy lawsuits. Ledbetter’s 2215 happy to yield 2 minutes to the b claims of sex discrimination turned gentlelady from Tennessee (Mrs. ‘‘The plant manager at Goodyear principally on the misconduct of a sin- BLACKBURN). said, The plant did not need women, gle Goodyear supervisor, who, Mrs. BLACKBURN. I thank the gen- women did not help it, and women Ledbetter testified, retaliated against tleman from California for the time. caused problems.’’ her when she rejected his sexual ad- Mr. Speaker, today I’m rising to op- The President’s threat to veto this vancements during the early 1980s. Yet, pose this bill. legislation suggests he is happy to by the time of trial, this supervisor had We are all for fair pay; we are all for limit women’s access to equal pay. died and therefore could not testify. A equal pay for equal work, and we are Let’s turn this around, fix the decision timely charge might have permitted all against discrimination. But, Mr. and make sure that women who face his evidence to be weighed contempora- Speaker, H.R. 2831 does much more discrimination, like Lilly Ledbetter neously.’’ than just simply overturn a Supreme faced, have a right to fight against it. Supporters of the legislation say that Court case in order to provide relief to Mr. MCKEON. Mr. Speaker, I now the time period of 300 days in most ju- one plaintiff, Lilly Ledbetter. It con- yield 4 minutes to the gentleman from risdictions, 180 days in some, is not stitutes a major change in and ex- Florida (Mr. KELLER), the sub- enough because an employer might tended application of employment dis- committee ranking member. hide the fact that the female employ- crimination law. Mr. KELLER of Florida. Mr. Speak- ee’s salary was less than the amount In my opinion, what this change er, I thank the gentleman for yielding. paid to men for the same work. would do would serve to impede justice Mr. Speaker, the practical effect of There are two responses to that. and undermine the important goal of this legislation is to do away with the First, the judicial doctrine of equitable having allegations of discrimination statute of limitations in employment tolling would be available to those type expeditiously resolved. The bill essen- disputes. On May 29, 2007, the United of plaintiffs. tially limits the 1964 Civil Rights Act States Supreme Court ruled that Ms. Second, the plaintiffs could file a statute of limitations regarding almost Ledbetter’s claim was barred by the claim under the Equal Pay Act. This every claim of discrimination available statute of limitations. Federal law forbids paying women less under Federal law and potentially There is a strong public policy reason than men for the same work. It has a broadens the scope and application of for having a statute of limitations in longer statute of limitations and an the civil rights laws to entirely new the employment context. Witness’ easier burden of proof. Ms. Ledbetter fact patterns, practices and claims. memories fade, documents are lost, and filed a Equal Pay Act claim, but it was It also would allow an employee or employees die. We want these disputes thrown out on the merits by the trial any individual who can arguably claim to be resolved while witness’ memories judge who found that Goodyear paid

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.219 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8945 Ledbetter less because of her perform- tleman from South Carolina (Mr. WIL- from discrimination they face in the ance, not sex. Significantly, Ledbetter SON), the subcommittee ranking mem- workplace. This bill amends title VII abandoned this Equal Pay Act claim. ber. to ensure employees have a realistic Mr. Speaker, there is an old saying, Mr. WILSON of South Carolina. Mr. remedy to pay discrimination. The bill hard cases make bad law. That applies Speaker, I thank the gentleman for reinstates the paycheck accrual rule, a here. Do we throw out the statute of yielding. I appreciate your leadership law widely interpreted by eight Federal limitations in employment cases be- for the people of the United States. circuit courts to mean that the 180 day cause a nice lady waited 19 years to file Mr. Speaker, I rise in strong opposi- time limit for filing a charge of dis- a lawsuit? Common sense tells you the tion to H.R. 2831. This legislation is crimination with the Equal Employ- answer is no. being improperly classified as a narrow ment Opportunity Commission begins The same public policy reasons for a bill with limited ramifications, that each time a discriminatory paycheck is statute of limitations are still there. simply overturns a Supreme Court de- received. We want witness’ memories that are cision made on May 29, 2007. In actu- I would like to stress that this bill fresh, documents that are available and ality, it is one of the most over- does not amend the rule that an ag- employees who are still alive to tell reaching pieces of wage discrimination grieved person may only recover back what actually happened. legislation that has ever been consid- pay for the 2 years preceding the filing Mr. Speaker, I urge my colleagues to ered. If enacted, this legislation would of the charge, so there will be no incen- vote ‘‘no.’’ make it impossible for businesses to tive to wait 5, 10, 15 or 20 years, as our Mr. GEORGE MILLER of California. defend themselves against actions that Mr. Speaker, I yield 2 minutes to the opponents claim, to bring such a law- occurred years in the past. suit. Moreover, employers prior to the gentlewoman from California (Ms. We all oppose discrimination. Action Ledbetter decision were not inundated WOOLSEY), a member of the committee. against those who discriminate in the with stale pay discrimination claims, Ms. WOOLSEY. Mr. Speaker, this workplace should be taken quickly. and this law will in fact not promote legislation overturns the Supreme Current laws ensure that disputes over Court’s 5–4 decision, which offered a discrimination are addressed expedi- the filings of such claims. very restricted and decidedly unreal- tiously and with certainty. This bill The Ledbetter decision was a shock- istic reading of just when a discrimina- would eliminate the 1964 Civil Rights ing decision for many of us, because we tory action regarding compensation ac- Act statute of limitations governing know what it is like to face pay dis- tually occurs. In doing so, this legisla- the time within which a party must crimination in the workplace. It is not tion restores the common and long- make a pay discrimination claim, cur- as though employers announce that standing understanding of employees, rently 180 days or 300 days, depending they are going to engage in pay dis- employers and the circuit courts alike, on the State of employment. crimination. Employees are not en- that when it comes to discriminatory As an inactive attorney and a person couraged to discuss what they are pay, the protection of title VII extends who practiced for 25 years and the making, so it is very difficult to find not only to pay decisions and practices, proud father of an attorney, who appre- out that this kind of discriminatory but to each and every paycheck as ciates the legal profession, I believe a action is even taking place. well. statute of limitation serves many pur- Supreme Court Associate Ruth Bader Let me say a word about the plaintiff poses. It encourages the timely filing Ginsburg strongly disagreed with the in this case, Lilly Ledbetter. Lilly will of claims, helps prevent the filing of majority decision stating, ‘‘In our not reap the benefits of our legislation, stale claims, and, most importantly, view, the court does not comprehend, and, as a result, will continue to feel protects against abuse of the legal sys- or is indifferent to, the insidious way the effect of the court’s discriminatory tem. in which women can be victims of pay decision to pay her less than her male Cases should be brought to court as discrimination.’’ She urged the Con- colleagues for the rest of her life. soon as possible after an incident oc- gress to act by passing this kind of leg- Lilly Ledbetter went to work at curs to guarantee memories are fresh islation. Goodyear Tires every day for 19 years. and witnesses are available to testify. I urge my colleagues to vote strongly She was one of the few female super- In the absence of a statute of limita- in favor of this bill. visors at the plant. That was quite an tion, a worker or retiree could sue for Mr. MCKEON. Mr. Speaker, I am accomplishment in and of itself. But pay discrimination resulting from an happy now to yield 3 minutes to the what she didn’t realize was that for all alleged discriminatory act that might gentlewoman from Illinois (Mrs. those years, she was paid less than her have occurred 5, 10, 20 or even 30 years BIGGERT), a member of the committee. male colleagues, 20 percent less by the earlier. This same worker or retiree Mrs. BIGGERT. Mr. Speaker, I thank time she retired, because of discrimina- could seek damages against a company the gentleman for yielding. tion based on her gender. run by employees and administrators A jury found that she was discrimi- Mr. Speaker, like all of my col- that had nothing to do with the initial leagues here on the floor and in the nated against. They gave her over $3.8 act of alleged discrimination that oc- million in back pay and damages. But House of Representatives, I fully sup- curred dozens of years ago. port efforts to end all forms of dis- the Supreme Court said to her, Ms. I am grateful for the leadership of crimination. I admire Ms. Ledbetter’s Ledbetter, you didn’t file your claim the Education and Labor Committee bravery for standing up for her right to within 180 days of the decision to dis- ranking member Buck McKeon on this work in an environment free from dis- criminate, and, even though each and issue. I urge my colleagues to oppose crimination. every one of your paychecks reflects this flawed legislation. the discriminatory decision, and you Mr. GEORGE MILLER of California. I know what it is like. I sat in law didn’t have proof of the discrimination Mr. Speaker, I yield 2 minutes to the school class and was told by my pro- until long after the decision was made, gentlewoman from Hawaii (Ms. fessor that I was taking up the place of someone who belonged there, a man. As you are out of luck. Lilly Ledbetter, we HIRONO), a member of the committee. don’t care that your monthly pension (Ms. HIRONO asked and was given a woman who has felt discrimination, I and your Social Security benefits also permission to revise and extend her re- understand her frustration and I am reflect that discrimination. marks.) pleased that Congress is discussing this Now, the President says that he is Ms. HIRONO. Mr. Speaker, I rise in important issue. planning to veto this legislation, and strong support of H.R. 2831, the Lilly If this bill were an anti-discrimina- we shouldn’t be surprised. But as a Ledbetter Fair Pay Act of 2007, and I tion bill, I would be happy to vote for tribute to Lilly Ledbetter and other would like to thank Chairman GEORGE it and would encourage others to sup- women who work hard to support their MILLER of the Education and Labor port it. But this bill is not about dis- families, to get ahead, who face dis- Committee for his commitment and crimination. It is about the statute of crimination every day of their lives, dedication to bringing this bill to the limitations. vote for H.R. 2831. floor. The statute of limitations is an insti- Mr. MCKEON. Mr. Speaker, I am Title VII of the Civil Rights Act of tution in American jurisprudence that happy to yield 2 minutes to the gen- 1964 was enacted to protect individuals pertains to all cases and all causes of

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.220 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8946 CONGRESSIONAL RECORD — HOUSE July 30, 2007 action. For instance, for torts the stat- not brought by women at all. They prior to markup and rushed to the floor utes of limitations is 2 years; for con- were brought by black men who were under a closed rule. It is critical that tracts, it is 6 years; for employment de- working in Southern factories in a seg- legislation of this complexity and with termination or discrimination, it is 6 regated part of those factories, paid the potential for such significant im- months. We can’t legislate change in less than white men. Imagine if we pact be carefully considered and not the statute of limitations just because said, Look, you fellas, go and see if you rushed through only weeks after its in- we don’t like a particular Supreme can find out what the white men, who troduction. Court ruling. won’t even let you work in the same Many other things have been thoughtfully and rightfully said on our b 2230 part of the factory, are earning. Of course we didn’t. And of course nobody side, but I want to say that we need to The statute of limitation requires can require that of women or African talk about an area that is most likely plaintiffs to bring a claim or a cause of Americans, who are just as affected by to be dramatically impacted is that of action within a reasonable time. And what we do today as women are. our Nation’s retirement system. This that is so witnesses don’t disappear or Imagine, the most secretive informa- legislation contains a pension annuity die off, memories don’t fade, and super- tion a person has, besides your medical check rule where charges could be visors don’t move on and documents information, is how much money you brought many years after the discrimi- are not discarded or destroyed. earn. How many in this Congress, be- nation occurs, and it could have long- That is why I cannot support the leg- standing impact on benefits. It could islation before us today. H.R. 2831 fore your earnings were a matter of public record, knew how much the per- wind up discriminating against a lot would dismantle the statute of limita- more people than we are trying to help tion for filing a charge with the Equal son sitting beside you earned? And par- ticularly, if you are a minority, a as a result of this legislation. Employment Opportunity Commission. It is going too fast. We need to slow If enacted, this legislation would allow woman or a minority, you are not going to go up, and if you are, you are it down and do it right. We want to not an employee to bring a claim against have discrimination, but this is not the an employer years, even decades, after not going to find out. We have got to fix this. The Amer- way to do it. the alleged act of discrimination. Mr. GEORGE MILLER of California. ican people have demanded it. We have In addition, this legislation would Mr. Speaker, I yield 2 minutes to the to fix it for women. And remind you, discourage the prompt investigation gentleman from New York (Mr. NAD- we have to fix this for black people, for and resolution of discrimination. I LER). think everyone would agree that if people of color who bring the majority Mr. NADLER. Mr. Speaker, this bill there is discrimination at an individ- of pay cases in our country today. would restore to employment discrimi- ual’s place of work, it should be inves- Mr. MCKEON. Mr. Speaker, how nation victims the realistic chance at tigated and addressed as soon as pos- much time remains? justice that the Supreme Court re- The SPEAKER pro tempore. The gen- sible to ensure fairness and prevent cently took away from them. What is further discrimination. tleman from California (Mr. MCKEON) 1 important to understand about the Unfortunately, because no hearings has 14 ⁄2 minutes, and the gentleman Court’s decision is that everyone were held on this legislation, I think from California (Mr. GEORGE MILLER) 1 agreed that Lilly Ledbetter was the the majority is rushing it through the has 13 ⁄2 minutes. victim of intentional discrimination Mr. MCKEON. Mr. Speaker, I am House with little discussion on the bill for 19 years. The Court said something itself. We can only speculate as to what happy to yield 2 minutes to the gentle- truly astonishing, that the only dis- all of the ramifications of this bill woman from North Carolina (Ms. criminatory act was the initial deci- might be. I know that the gentleman is FOXX), a member of the committee. sion to pay Lilly Ledbetter less than Ms. FOXX. Mr. Speaker, I want to probably going to say there was a hear- her male coworkers. Once the employer ing, but it wasn’t directly on this bill. thank my colleague from California for had successfully concealed that fact So I would encourage my colleagues to yielding me this time. from her for 180 days, she was out of Along with everyone else here, I feel oppose this well-intentioned but mis- luck and Goodyear could openly go on it is important to say that I am very guided statute of limitation legisla- paying her less just because she was a tion. much opposed to discrimination. It woman forever. The initial decision to Mr. GEORGE MILLER of California. makes me ill to even think about dis- discriminate was illegal, but the con- Mr. Speaker, I yield 2 minutes to the crimination that has occurred in this tinuing decision to continue paying her gentlewoman from the District of Co- country in the past. But I am also very less was perfectly okay. This upset 40 lumbia (Ms. NORTON). much opposed to this legislation. We years of settled law, 40 years in which Ms. NORTON. Mr. Speaker, I thank don’t need to be throwing the baby out the companies of this country went the gentleman for moving so quickly to with the bathwater. under the rule that this bill would re- fix this bill because we really can’t When I first went to the North Caro- store. wait. Fixing this bill, and thank you lina Senate, I was troubled by the way The Court’s decision is an open invi- for taking us back to 1964, because that a lot of things were done there. And tation to employers to violate the law is about what happens here. The bill as someone said to me, If you think that with virtual impunity. Once again, it was intended, and this is not a people operate here on logic, you are Congress must correct the Supreme hypertechnical statute of limitations sadly wrong. They operate on emotion. Court and instruct it that when we said bill. In fact, interestingly, the statute We have heard some very emotional discrimination in employment was ille- of limitations is not involved at all. It comments made about this legislation gal, we meant it, and we meant for the is the same 180 days as it always was. and why it should be passed. Those of courts to enforce it. And anyone who The bill before us reinstates the law us who are opposing it are opposing it says that discrimination in employ- as it was consistently applied and in- on very logical reasons. ment should be illegal but should not terpreted by the courts, including the This bill makes dramatic changes to be enforceable if the employer can hide United States Supreme Court before, civil rights law and would have an in- the discrimination for 6 months is real- during and after I administered this credibly far-reaching impact, one ly saying let the discrimination go on law as the Chair of the Equal Employ- which supporters of the bill have yet to forever. Let the women and the racial ment Opportunity Commission and ad- take the time to thoroughly and appro- minorities and other people who are ministered this very section. Once be- priately consider. The underlying bill discriminated against be discriminated fore the Supreme Court misread this, constitutes a major change in and ex- against forever. and Congress rushed to change it. And panded application of employment dis- Shame on the Supreme Court, and here we are back to a Supreme Court crimination law. shame on those who would make em- really reaching very hard away from Traditionally, civil rights laws have ployment discrimination victims help- what we had already fixed in the 1991 had adequate time for thoughtful re- less by opposing this bill. I urge adop- Civil Rights Act. view and consideration. However, this tion of this bill. I want to remind my colleagues that bill was brought before the Education Mr. MCKEON. Mr. Speaker, I yield 2 the first pay cases under this act were and Labor Committee about 24 hours minutes to the gentlewoman from

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.222 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8947 Texas (Ms. GRANGER), a member of our after 180 days, an unsuspecting female, the House Judiciary Committee hear- elected leadership. minority, elderly, or disabled worker ing last month. At that time, she ex- Ms. GRANGER. Mr. Speaker, I rise in would simply be out of luck. plained how she was repeatedly har- strong opposition to the Democrats This would even be the case if the assed during her 20-year career at Lilly Ledbetter Fair Pay Act. At first employer admitted to the discrimina- Goodyear. Lilly Ledbetter described for glance, I simply disagree with the tion and continued to discriminate us in Judiciary how she had no proof of name of the bill. The Democrat’s Fair after the 180-day limitation had passed. pay discrimination until someone Pay Act is not fair at all, not for em- Mr. Speaker, we hear comments that anonymously slipped payroll records ployers, employees or our legal system. there would be no statute of limita- into her mailbox. Now, as much as our Every American is entitled to an tions. That is not true. Under the bill, colleagues on the other side of the aisle honest day’s pay and we have laws on there is still a statute of limitations; would like to wish it to be otherwise, the book to ensure that is the case. But 180 days still applies. The plaintiff has until a few months ago, it was estab- this bill goes well beyond its scope by to show that a discriminatory pay- lished law that each paycheck con- effectively eliminating the statute of check was issued within the last 180 stitutes a discriminatory act under the limitation in workplace discrimination days. And if the employer would simply law. cases. stop discriminating and went a whole When they were confirmed, Chief This imposes a huge burden on busi- 180 days without discriminating, then Justice Roberts and Justice Alito nesses and opens them up to litigation the statute of limitations would apply promised to follow precedent. They years after alleged cases of discrimina- and it would be too late to bring a case. promised to practice judicial restraint. tion. While it is inexcusable for anyone Under the Supreme Court decision, Instead, they rewrote the law and to face discrimination for pay or other- that unjust outcome under the case is pushed an activist, conservative agen- wise, to overturn the Supreme Court not in keeping with title VII’s remedial da. They denied Lilly Ledbetter jus- decision would allow for a flood of dec- purpose or the spirit of the civil rights tice. ades-old claims to resurface. The laws cases. In the real world, discrimination is we have in place allow adequate time Now, Justice Ginsburg noted in her subtle and takes years to become evi- to file a charge against your employer dissent, ‘‘Congress never intended to dent. However, Justice Alito ruled that and offers a set of guidelines to help in- immunize forever discriminatory pay victims have only 180 days after a dis- dividuals file a claim. differentials unchallenged within 180 criminatory decision has been made to The burden this would place on small days of their adoption.’’ I agree with file suit, even if that employee would business owners and any company to Justice Ginsburg. And she also noted have no way of knowing about it. This track down a claim that occurred 20 that Congress should correct this injus- standard is impossible to meet. The op- years ago, for example, would cripple tice. This bill corrects the injustice by ponents of this bill expect employees the system we have in place. The stat- appropriately expressing Congress’s in- to be clairvoyant. utes of limitations are in place to help tent that title VII will hold employers Many companies intentionally pro- the employee-employer relationship so accountable for unlawful employment hibit their employees from comparing when something improper happens, the discrimination. salaries and pay raises, and this deci- Mr. MCKEON. Mr. Speaker, I yield 2 issue can be dealt with in a timely sion will allow employers to shield dis- minutes to the gentlewoman from Min- manner. Merely eliminating these criminatory practices. nesota (Mrs. BACHMANN). guidelines would allow for someone to The Ledbetter Fair Pay Act rights Mrs. BACHMANN. Mr. Speaker, in reopen a claim after 5, 10 or even after this wrong. It clarifies that an em- this debate tonight I think we can all they have retired. Those involved may ployee is discriminated against each stipulate that discrimination in the no longer work at the company or even and every time she receives an unfair workforce is wrong. It is wrong if it is be alive, for that matter. paycheck, and I’m surprised at my col- against employees, and it is wrong if it If this passes, it will also eliminate leagues, particularly my female breth- is against employers. This bill may the statute of limitations for the Age ren on the other side of the aisle, who very well be seen as discrimination Discrimination in Employment Act, are standing in front of this House and against honest American employers, the American with Disabilities Act, asking the House to continue and re- job creators, because it has a seem- and the Rehabilitation Act. peat the practice of discrimination ingly unending period to file a lawsuit. The Civil Rights Act and the employ- With that, women may very well ex- against women who have been unfairly ment discrimination laws currently on perience real discrimination in that treated for years and years. the books provide adequate protections I urge my colleagues to support fair they may find that future employers for our employees. We should work to pay in the workplace, and I thank are reluctant to hire them in the first ensure that existing laws are enforced Chairman MILLER for his leadership on place for fear of a lawsuit 5, 10, 20, to protect employees against discrimi- this issue. maybe even 40 years down the road. nation rather than passing overly Mr. MCKEON. Mr. Speaker, I’m Let’s face it, memories fade, people die, broad laws that subject employers to happy now to yield to the gentleman they move away, and it becomes dif- open-ended liability. from New Mexico (Mr. PEARCE) 21⁄2 min- ficult, if not downright impossible, for Mr. GEORGE MILLER of California. utes. a job creator to defend themselves. Mr. PEARCE. Mr. Speaker, I thank Mr. Speaker, I yield 2 minutes to the It is a very impractical bill that we the gentleman from California for gentleman from Virginia (Mr. SCOTT). are looking at and could likely result Mr. SCOTT of Virginia. Mr. Speaker, yielding. in even more paperwork and higher I thank the gentleman for yielding me Mr. Speaker, I rise to oppose this leg- cost for employers, and ultimately less this time. islation today. Many have stated it wages for all American employees. I rise in support of H.R. 2831, the Congress needs to stop discrimi- well, that discrimination is not the Lilly Ledbetter Fair Pay Act. This im- nating against American companies subject here tonight. It is the end of portant legislation overturns the re- that are just trying to provide decent the statute of limitations which is at cent Supreme Court decision, jobs to great employees. Instead, I issue. I would like to just make a point Ledbetter v. Goodyear Tire, a decision think Congress should focus on enhanc- that often we’re accused in Congress of which undermines title VII of the Civil ing American competitiveness and appealing to the special interests, and I Rights Act of 1964. American prosperity. The Ledbetter decision forces victims Mr. GEORGE MILLER of California. can’t tell what the motivation is on of discriminatory pay decisions to live Mr. Speaker, I yield 2 minutes to the this particular piece of legislation. It with discriminatory paychecks for the gentlewoman from Florida (Ms. could have been narrowly scripted to duration of their career if they fail to where it applied only to the person WASSERMAN SCHULTZ). file a claim within 180 days of the dis- that was being affected, to where the crimination, possibly even if they had b 2245 question of whether or not it applies to no knowledge of the discrimination Ms. WASSERMAN SCHULTZ. Mr. the full statute of limitations really within the 180 days. In other words, Speaker, I met Lilly Ledbetter during would not even be a question.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.224 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8948 CONGRESSIONAL RECORD — HOUSE July 30, 2007 I can tell you that on Thursday of Speaker after speaker on this side of The SPEAKER pro tempore. The gen- last week we sat in the Resources Com- the aisle has stood up and said that tleman from California (Mr. GEORGE mittee, and we heard testimony that this legislation effectively eliminates MILLER) has 7 minutes. The gentleman talks about the Hard Rock Mining bill the statute of limitations for a broad from California (Mr. MCKEON) has 31⁄2 that is coming up to regulate Hard range of discrimination claims. I be- minutes. Rock Mining. There is a provision writ- lieve that’s correct. Mr. GEORGE MILLER of California. ten by a former Clinton solicitor who is The gentleman from Florida (Mr. As I understand, I have the right to now working for a special interest KELLER) stood up here and recounted close. group. That provision in that legisla- for us the activities of the Supreme The SPEAKER pro tempore. The gen- tion we read says, ‘‘Notwithstanding Court, and he quoted from the justices tleman has the right to close. the decision of the United States Court the language that pertained, and it Mr. GEORGE MILLER of California. of Appeals for the Tenth Circuit in seemed clear to me that there was a We’re reserving 3 minutes; is that High Country Citizens’ Alliance v. fairness issue here. And while our right? Clarke,’’ and then it goes on to say hearts were all touched by the testi- Mr. MCKEON. It was my under- that all the decisions in court are mony of Lilly Ledbetter and by the cir- standing we were going to finish up to- going to be set aside, and we’re going cumstances of her case, it was clear to morrow. Mr. GEORGE MILLER of California. to allow this group to go back to court the court and to Mr. KELLER and to me So we’re reserving 3 minutes each. once more. that it’s simply unreasonable to allow Keep in mind that the district court year after year after year to go by You’ve got a half minute. You and I found against the group, then the ap- after a discriminatory act occurs be- will close, and we will each have 3 min- pellate court found against the group, fore you make the claim, when in some utes for tomorrow. Mr. MCKEON. So you want me to and finally, the Supreme Court said we cases people will have left, perhaps take 30 seconds? will not hear the case. So all three lev- have died and moved on. Mr. GEORGE MILLER of California. This is a huge boon to the trial law- els of judicial review had been listened Yes. yers of America. It’s going to bring for- to and turned down, and yet this Con- Mr. MCKEON. Mr. Speaker, I yield gress, this majority, says we’re going ward endless litigation, case after case myself 30 seconds. to set it aside. That was last week going on day after day. What busi- Mr. Speaker, as Mr. KLINE just said, Thursday. nesses will have to do in terms of rec- I think we have had a good debate here Last week Friday, we had the Imams ordkeeping is staggering in its scale. tonight. case, the John Does. You will recall This imperils pensions. One of our As we did have that hearing on Ms. that how innocent people who report colleagues brought up that issue. It is Ledbetter’s case, the bill wasn’t before suspicious behavior would be taken to not at all clear, despite some findings us, but we did hear her story. And all of court. Three-quarters of this House language in the bill, that our pensions us I think felt bad for her for the voted against that, and yet the House’s will be protected in this legislation. things that happened to her 20, 30 years leadership found it necessary to strip Potentially, you can have pensions who ago. the provision out in conference. That simply don’t have the funds to pay the But what was also said, as we’re sent provision was stripped out, and that earned benefits. This is bad policy, Mr. here to represent all of our constitu- provision was added then only under Speaker, and it’s made in haste. ents, we can’t totally let emotion guide great pressure from this country. Mr. Speaker, it is very clear that this our decisions. We have to make good And now we’re at this case. It would legislation amounts to a significant law, sound law, and I think we’re wor- have been possible and could have been change in our civil rights laws. It’s ried about losing the statute of limita- possible to narrowly craft this legisla- very clear to me, and unfortunately, tions. I think that’s something we real- tion to where the question did not many of the questions of concern ly need to protect against. come up. I feel that it is the special in- raised by the Ledbetter case have yet Mr. Speaker, I reserve the balance of terests of the trial lawyers who in each to be answered. In the normal legisla- my time. case would have had open venue, open tive process, such questions would have Mr. GEORGE MILLER of California. access to many millions of Americans been raised in committee hearings, Mr. Speaker, I yield myself 4 minutes. which was at stake, and I feel that’s subcommittee and full committee. Mr. Speaker, let us understand some- what’s like at stake here. Concerns would have been debated in thing here. They can say it until the It is not good for American business. good faith. cows come home, but the fact of the It is not good for American competi- Unfortunately, this was not the proc- matter is, this legislation restores the tiveness. I’m deeply opposed to this ess that brought this bill to the floor. law to what it was before. Up until the legislation, and I thank the gentleman The Committee on Education and Supreme Court made its ruling, each for yielding. Labor had no legislative hearings. The discriminatory check that was issued Mr. GEORGE MILLER of California. bill was not before us the one time we was a violation of the law, and you had Mr. Speaker, I reserve my time. had some witnesses before us to talk 180 days from the issuance of that Mr. MCKEON. How much time do we about this at all. The time elapsed check when you discovered it to file a have? from the bill’s introduction to com- claim. This legislation would restore The SPEAKER pro tempore. The gen- mittee markup was little more than 24 that law as it was. tleman from California (Mr. MCKEON) business hours, and we learned on Fri- If you file that claim, if you were has 61⁄2 minutes remaining. The gen- day that we were going to be debating successful in proving your claim, you tleman from California (Mr. GEORGE this bill on the floor today. Surely, a could receive up to 2 years back pay. MILLER) has 7 minutes remaining. huge change like this to our civil That was the law up until the Supreme Mr. MCKEON. Mr. Speaker, I’m rights laws deserves more of our time, Court decision. That would be the law happy to yield at this time to the gen- attention and effort than the majority if we passed this legislation. tleman from Minnesota (Mr. KLINE) 3 has seen fit to provide. Now, my colleagues on the other side minutes, ranking member on the sub- Once again, the majority has chosen of the aisle have said that if we pass committee. haste and speed over quality in making this law, the courts will be inundated Mr. KLINE of Minnesota. Mr. Speak- public policy. My concerns and unan- with lawsuits. The people will wait 5, er, I thank the gentleman for yielding. swered questions can only lead me to 10, 15, 20 to file a lawsuit, that there Mr. Speaker, I rise today to oppose say that the Ledbetter bill makes for will be cases where the witnesses die H.R. 2831. I think it’s been really an in- bad policy, creating a flawed legisla- and memories fade and long times will teresting debate this evening. We’ve tive process. expire and we won’t be able to have heard views on both sides, and clearly, I urge my colleagues to vote against justice. It will be a huge cost on the we simply disagree on some funda- this legislation. business community. It will change our mental aspects of this, and I want to Mr. GEORGE MILLER of California. competitive stature in the world. It address that as well during my 3 min- If I can inquire of the Chair as to the will limit economic growth. All of that utes. allocation of time? from little Lilly Ledbetter.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.226 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8949 What’s the problem with that? If all have no way of knowing about it! This stand- cents for every dollar that their male counter- of that was true, why haven’t my col- ard is impossible to meet. parts earn. They have had to overcome one leagues come to the floor of the House Many companies intentionally prohibit their obstacle after another on their way to earning in the 12 years they controlled the employees from comparing salaries and pay equal pay and equal respect for their work. House of Representatives and the raises, and this decision will allow employers On May 29th, 2007, the United States Su- United States Senate and asked to to shield discriminatory practices. preme Court threw yet another obstacle into change the law? Why hasn’t the Presi- The Ledbetter Fair Pay Act rights this the path of women in the workforce with the dent of the United States, who’s been wrong. It clarifies that an employee is discrimi- decision of Ledbetter v. Goodyear. According in office for 61⁄2 years, asked to change nated against each and every time she re- to this decision, if an employee fails to file a the law? ceives an unfair paycheck. claim within 180 days of their employer’s deci- Why hasn’t that happened? Because I urge my colleagues to support fair pay in sion to pay them less, rather than when she none of the things you talked about the workplace, and I thank Chairman MILLER receives a discriminatory paycheck, she will happened under the previous law. It for his leadership on this issue. be barred forever from challenging the dis- didn’t change our competitiveness. Mr. STARK. Mr. Speaker, I rise in strong criminatory paychecks that follow and forced They weren’t involved in thousands of support of pay equity. to live with the discriminatory pay for the rest cases. People didn’t wait 40 or 50 years The rationale for the Ledbetter Fair Pay Act of her career. If this is allowed to stand, it will to get 2 years back pay. No, none of of 2007 should be obvious. All people, regard- be a severe setback to women everywhere. those things happened. less of gender, race, ethnicity, and religious or I am proud to be a cosponsor of H.R. 2831, But they want to scare people into sexual orientation, should receive equal pay which would restore protections guaranteed believing if we go back to the law as it for equal work. under Title VII of the Civil Rights Act for vic- was before the Lilly Ledbetter case and Unfortunately, that is not the case today in tims of pay discrimination who are entitled to the Supreme Court overturned all of America. African-Americans make only 77 justice and fair pay. Contrary to what oppo- these years of laws and justice and fair- cents for every dollar made by men, black nents of this legislation have said, this bill ness and anti-discrimination provi- families make about 60 cents of every dollar does not eliminate the statute of limitations on sions, that somehow all of these ter- made by whites, and gays, lesbians and other claims. What it does is ensure that the clock rible things would happen, but they minorities regularly face discrimination in the on the statute of limitations begins once a dis- didn’t happen, and that’s been the law workplace. criminatory paycheck is received rather than all of these years. The Supreme Court’s recent decision makes from the point a decision was made to dis- So, tomorrow we will get an oppor- it incredibly difficult for employees to challenge criminate against an employee. Every discrimi- tunity to vote to restore the protec- acts of discrimination. The decision limits to natory paycheck will be a new violation of this tions of every American citizen against six months the period in which victims can law and restart the clock for filing a claim. pay discrimination, to restore justice challenge their employers and be com- Until the Ledbetter decision, this was the ac- to the workplace, to restore the right pensated for discrimination. cepted understanding of Title VII and this bill of an individual to be paid the same as Such a time limit was insufficient for Lily will restore the law prior to Ledbetter. those who are doing the same job for Ledbetter, whose pay slowly slipped in com- Mr. Speaker, we must continue the fight for the same reasons and the same pur- parison to the pay of her male coworkers over pay parity begun by Congress over 40 years poses. That’s what we seek. That’s all a period of nineteen years. It would also be in- ago. I would like to thank Chairman GEORGE Lilly Ledbetter sought, but she sufficient for millions of other workers, who MILLER for his leadership on this important couldn’t get justice at the Supreme often learn of pay discrimination only after the issue in the House Education and Labor Com- Court. No, she couldn’t get it even fact. The majority of companies do not release mittee. This piece of legislation, as well as the though a jury found that that could be information on comparable salaries, making it, Paycheck Fairness Act (H.R. 1338) introduced the situation. difficult if not impossible for employees to de- by my good friend Representative ROSA So we’re going to have to restore this termine if wage discrimination is taking place. DELAURO of which I am also a cosponsor, are for the people of this country, and In a typicaly shortsighted move, Bush has needed to ensure women continue to receive again, we’ll simply be restoring the threatened to veto this bill on the grounds of equal treatment. I urge all my colleagues to law. You can tell the doomsday sce- preventing frivolous lawsuits. The word ‘‘frivo- stand up for women workers and vote in favor narios all day long. You can predict all lous’’ can be used to describe many things, of this bill. of the things that are going to happen, but it most certainly cannot be used to de- Mr. LOEBSACK. Mr. Speaker, I rise today, but none of them have happened in the scribe a bill that brings the people of this in strong support of the Lilly Ledbetter Fair last 35 years. None of them have hap- country a step closer to the equality that they Pay Act of 2007. This bill will rectify the 5–4 pened in the last 35 years. deserve. For someone who claims he wants to Supreme Court decision in the case of Lilly So at least you ought to properly spread the principles of equality and democ- Ledbetter and preserve worker’s rights every- represent what the law was and what racy to the people of the Middle East, it is where. the law will be, and with that, I look unfathomable that he would fail to uphold Lilly Ledbetter was a female production su- forward to the conclusion of the debate these ideals for the people of this country. pervisor at a Goodyear plant in Gadsden, Ala- tomorrow. As representatives of a country that was bama. She worked for 19 years and retired in Ms. WASSERMAN SCHULTZ. Mr. Speaker, founded on the idea of equality for all, there is 1998. Six months prior to her retirement she I met Lily Ledbetter during a House Judiciary no excuse for denying citizens the opportunity filed a charge with the EEOC alleging various Committee hearing last month. At that time, to contest acts of discrimination. I urge my col- claims of sex discrimination. she explained how she was repeatedly har- leagues to support this important legislation. Despite receiving awards for top perform- assed during her 20-year career at Goodyear. Mr. LARSON of Connecticut. Mr. Speaker, I ance, Ms. Ledbetter received several unfair, She told me how she had no proof of pay dis- rise today in strong support of the Ledbetter negative evaluations and her pay dropped well crimination until someone anonymously Fair Pay Act of 2007 (H.R. 2831), which is an below that of her male counterparts. slipped payroll records into her mailbox. Until important step in ensuring the fair and equal Ledbetter’s supervisor even admitted that one a few months ago, it was established law that pay deserved by women in our workforce. year her pay fell below the minimum threshold each paycheck constitutes a discriminatory act Women have made tremendous strides for- for her position. under the law. ward in America’s workforce. Earlier this year Ms. Ledbetter’s case went to trial, and an When they were confirmed, Chief Justice I was proud to see the election of the first fe- Alabama court found in her favor, but Good- Roberts and Justice Alito promised to follow male Speaker of the House. Today, women year appealed and the case eventually went to precedent—they promised to practice judicial serve as executives at some of America’s the Supreme Court. Unfortunately, the Su- restraint. Instead, they rewrote the law and largest corporations and in distinguishing pro- preme Court tossed aside prior law and ruled pushed an activist, conservative agenda. They fessions such as medicine and law. However, against Ms. Ledbetter. denied Lily Ledbetter justice. 43 years after the Civil Rights Act was en- This case has far reaching effects on all In the real world, discrimination is subtle acted by Congress, women such as Lilly worker’s civil rights. If an employee does not and takes years to become evident. However, Ledbetter continue to struggle to receive pay- file a charge within 180 days of a discrimina- Justice Alito ruled that victims have only 180 ment equal to their male counterparts. These tory pay decision, the employer’s pay decision days after a discriminatory decision has been women, who perform the same jobs with the is immunized. The employee must live with made to file suit—even if that employee would same responsibilities, on average earn only 77 discriminatory pay for the rest of her tenure,

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and the employer reaps the financial benefits PATRICK and Congresswoman DEBBIE tionable not simply because they are ‘related’ of unlawfully underpaying the employee. WASSERMAN SCHULTZ as original authors of to a decision made outside the charge-filing There are numerous problems with this line H.R. 2660, the ‘‘2007 Civil Rights Pay Fair- period . . . but because they discriminate of reasoning. Employees often don’t know ness Act’’. I want to thank them both for work- anew each time they are issued.’’ about a discriminatory decision until it is too ing with me on this issue, and I commend our Judge Ginsburg explicitly called on Con- late. Pay disparities are difficult to discern. Chairman GEORGE MILLER for moving expedi- gress to intervene and uphold the protections Many employers prohibit employees from dis- tiously to right this wrong. Chairman MILLER’s provided by the letter and the spirit of the law, cussing their salaries, and workplace norms bill brings about a different remedy in H.R. saying ‘‘the ball is in Congress’ court.’’ warn against asking coworkers about their sal- 2831, but it is no less forceful, and I am proud Today, we answer Judge Ginsburg’s call aries. Additionally, a minor pay disparity to also be a cosponsor. and reverse this disturbing Supreme Court de- adopted for discriminatory reasons in the be- Both bills clarify the intent of Congress by cision. Today, we make clear that Congress is ginning of a career may go unnoticed until, amending the Civil Rights Act of 1964 to make committed to protecting the rights of American years later, after subsequent percentile adjust- clear that courts must consider a pattern of workers and to ensuring that they have ade- ments, it is too large to ignore. pay decisions that recur and are cumulative. quate remedies if they are discriminated This bill overturns the Ledbetter v. Good- H.R. 2660 and H.R. 2831 are bills that ensure against in the workplace. year decision and restores the longstanding that victims of workplace discrimination re- The passage of the Lilly Ledbetter Fair Pay interpretation of Title VII of the Civil Rights Act ceive effective remedies. The decision of the Act of 2007 clarifies that when it comes to dis- and states that each paycheck that results Court in this case was a sharp departure from criminatory pay, the protections of Title VII of from a discriminatory decision is itself a dis- precedent and would greatly limit the ability of the Civil Rights Act, the Age Discrimination in criminatory act that resets the clock on the pay discrimination victims to vindicate their Employment Act, the Americans with Disabil- 180-day period within which a worker must rights. ities Act and the Rehabilitation Act extend not file. Congress must make clear that a pay dis- only to these discriminatory pay decisions and This bill acknowledges the realities of the crimination claim accrues when a pay decision practices but to every paycheck that results workplace and provides necessary protections is made, when an employee is subject to that from those pay decisions and practices. Any to hardworking men and women. I urge my decision, or at any time they are injured by it. reasonable citizen who believes that we need colleagues to support its passage. As a former prosecutor and County Executive, protect the rights of workers for fair treatment Mr. BACA. Mr. Speaker, I rise today to I fought against this kind of injustice and I am at the workplace and fair pay would surely find voice my strong support for H.R. 2831, The pleased this House is ready today to stand up the Supreme Court decision unreasonable. Lilly Ledbetter Fair Pay Act of 2007. and correct the error of the Supreme Court in We must act once to reestablish fairness. I I want to thank my friend, Congressman the Ledbetter case. urge my colleagues to support this important GEORGE MILLER, for sponsoring this bill and for Mr. Speaker, I urge my colleagues to vote legislation. his tireless efforts on behalf of working Amer- in favor of the Lilly Ledbetter Fair Pay Act of Mr. GEORGE MILLER of California. ican families everywhere. 2007 to correct the Supreme Court’s misinter- Mr. Speaker, I yield back the balance This past May, the Supreme Court handed pretation of Title VII regarding when a pay dis- of my unexpired time, and I reserve the down a decision with disastrous con- crimination claim is timely filed. 3 minutes for tomorrow. sequences for many Americans. With their rul- Mr. HOLT. Mr. Speaker, I rise today in b 2300 ing on the Ledbetter v. Goodyear case, the strong support of the principle of equal pay for The SPEAKER pro tempore. Pursu- Court severely limited the right of workers to equal work and the Lilly Ledbetter Fair Pay ant to section 2 of House Resolution sue their employers for discrimination in pay. Act of 2007, H.R. 2831. 579, further proceedings on the bill will If allowed to stand, this decision will strip On May 29, 2007, the Supreme Court be postponed. many of the rights of employees who have issued a disturbing and retrobressive ruling. In been discriminated against on the basis of a 5–4 ruling the Court issued its decision in a f sex, race, color, or religion. sex discrimination case, Ledbetter v. Good- EIGHTMILE WILD AND SCENIC Today’s bill rectifies the Supreme Court’s year, that fundamentally changed protections RIVER ACT misguided decision. that American workers have enjoyed for more Mr. GRIJALVA. Madam Speaker, By restoring the longstanding interpretation than 40 years when they were codified in the pursuant to House Resolution 580, I of Title VII of the Civil Rights Act—Congress Civil Rights Act of 1964. call up the bill (H.R. 986) to amend the is ensuring that every American has the basic As a member of the House Committee on Wild and Scenic Rivers Act to des- workplace protection they deserve. Education and Labor, I participated in a hear- ignate certain segments of the Currently—women earn 76 cents to every ing on the flawed ruling in Ledbetter v. Good- Eightmile River in the State of Con- dollar a man earns. This is unacceptable. Dis- year. During that hearing the Committee heard necticut as components of the National crimination in the workplace must no longer be testimony from Lilly Ledbetter describing the Wild and Scenic Rivers System, and for tolerated. We must ensure equal pay for equal pay discrimination that resulted in her earning other purposes, and ask for its imme- work. twenty percent less than the lowest paid man diate consideration. It is our duty to protect the rights of every in the same position at Goodyear. The Clerk read the title of the bill. American—no matter their skin color, gender, Applying the law as it was written and in- The text of the bill is as follows: or income level. tended, the trial court awarded Lilly Ledbetter H.R. 986 I urge my colleagues to protect the rights of backpay and compensatory damages because Be it enacted by the Senate and House of Rep- working Americans and to vote in favor of of Goodyear’s illegal sex discrimination. On resentatives of the United States of America in H.R. 2831. appeal it went all the way to the Supreme Congress assembled, Mr. RUPPERSBERGER. Mr. Speaker, I rise Court, where Justice Samuel Alito led the 5– SECTION 1. SHORT TITLE. in strong support of the Lilly Ledbetter Fair 4 majority in dismissing the case. According to This Act may be cited as the ‘‘Eightmile Pay Act of 2007. Justice Alito, when Lilly Ledbetter failed to file Wild and Scenic River Act’’. The Supreme Court ruled in a narrow 5–4 a discrimination case within the statutorily pro- SEC. 2. WILD AND SCENIC RIVER DESIGNATION, decision that Lilly Ledbetter was not entitled to vided 180 days from the initial decision to pay EIGHTMILE RIVER, CONNECTICUT. (a) FINDINGS.—Congress finds the fol- any remedy after demonstrating she had been her less than her male colleague, she was lowing: paid as much as 40 percent less than male barred from filing a complaint and no relief (1) The Eightmile River Wild and Scenic workers doing the same job for 19 years. The was available. Despite documenting the sex River Study Act of 2001 (Public Law 107–65; decision was founded on a narrow misreading based evaluation system Goodyear managers 115 Stat. 484) authorized the study of the of the intent of Congress in the Civil Rights used, Lilly Ledbetter was denied justice and Eightmile River in the State of Connecticut Act of 1964. The Court erroneously ruled that the rights afforded to her under the Civil from its headwaters downstream to its con- Ms. Ledbetter could only rely on paychecks Rights Act. fluence with the Connecticut River for po- she received in the final 180 days of her ca- In a strongly worded dissent Judge Gins- tential inclusion in the National Wild and Scenic Rivers System. reer at Goodyear to prove discrimination. burg noted the fallacy of the Majority’s argu- (2) The segments of the Eightmile River Mr. Speaker, the Supreme Court’s narrow ment regarding the timeliness of Lilly covered by the study are in a free-flowing reading of the law prompted me to introduce Ledbetter’s filing. She reminded the Court that condition, and the outstanding resource val- my own legislation to correct this injustice. I a previous ruling that held each ‘‘paycheck ues of the river segments include the cul- was joined by Congresswoman CAROLYN KIL- perpetuating a past discrimination . . . are ac- tural landscape, water quality, watershed

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hydrology, unique species and natural com- ‘‘(E) The 0.7-mile segment of Falls Brook (2) COVERED TRIBUTARIES.—Paragraph (1) munities, geology, and watershed ecosystem. from its confluence with Tisdale Brook to its applies with respect to Beaver Brook, Big (3) The Eightmile River Wild and Scenic confluence with the main stem of the Brook, Burnhams Brook, Cedar Pond Brook, Study Committee has determined that— Eightmile River at Hamburg Cove, as a sce- Cranberry Meadow Brook, Early Brook, (A) the outstanding resource values of nic river.’’. Falls Brook, Fraser Brook, Harris Brook, these river segments depend on sustaining (c) MANAGEMENT.—The segments of the Hedge Brook, Lake Hayward Brook, Malt the integrity and quality of the Eightmile main stem and certain tributaries of the House Brook, Muddy Brook, Ransom Brook, River watershed; Eightmile River in the State of Connecticut Rattlesnake Ledge Brook, Shingle Mill (B) these resource values are manifest designated as components of the National Brook, Strongs Brook, Tisdale Brook, Witch within the entire watershed; and Wild and Scenic Rivers System by the Meadow Brook, and all other perennial (C) the watershed as a whole, including its amendment made by subsection (b) (in this streams within the Eightmile River water- protection, is itself intrinsically important section referred to as the ‘‘Eightmile River’’) shed. to this designation. shall be managed in accordance with the (i) AUTHORIZATION OF APPROPRIATIONS.— (4) The Eightmile River Wild and Scenic Eightmile River Watershed Management There are authorized to be appropriated such Study Committee took a watershed approach Plan and such amendments to the plan as sums as are necessary to carry out this sec- in studying and recommending management the Secretary of the Interior determines are tion and the amendment made by subsection options for the river segments and the consistent with this section. The Eightmile (b). River Watershed Management Plan is Eightmile River watershed as a whole. The SPEAKER pro tempore (Ms. deemed to satisfy the requirements for a (5) During the study, the Eightmile River SHEA-PORTER). Pursuant to House Res- comprehensive management plan required by Wild and Scenic Study Committee, with as- section 3(d) of the Wild and Scenic Rivers olution 580, the amendment in the na- sistance from the National Park Service, Act (16 U.S.C. 1274(d)). ture of a substitute printed in the bill, prepared a comprehensive management plan (d) COMMITTEE.—The Secretary of the Inte- modified by the amendment printed in for the Eightmile River watershed, dated De- rior shall coordinate the management re- House Report 110–264, is adopted and cember 8, 2005 (in this section referred to as sponsibilities of the Secretary with regard to the bill, as amended, is considered the ‘‘Eightmile River Watershed Manage- the Eightmile River with the Eightmile ment Plan’’), which establishes objectives, read. River Coordinating Committee, as specified The text of the bill, as amended, is as standards, and action programs that will en- in the Eightmile River Watershed Manage- sure long-term protection of the outstanding ment Plan. follows: values of the river and compatible manage- (e) COOPERATIVE AGREEMENTS.—In order to H.R. 986 ment of the land and water resources of the provide for the long-term protection, preser- Be it enacted by the Senate and House of Rep- Eightmile River and its watershed, without vation, and enhancement of the Eightmile resentatives of the United States of America in Federal management of affected lands not River, the Secretary of the Interior may Congress assembled, owned by the United States. enter into cooperative agreements pursuant SECTION 1. SHORT TITLE. (6) The Eightmile River Wild and Scenic to sections 10(e) and 11(b)(1) of the Wild and This Act may be cited as the ‘‘Eightmile Wild Study Committee voted in favor of inclusion Scenic Rivers Act (16 U.S.C. 1281(e), and Scenic River Act’’. 1282(b)(1)) with the State of Connecticut, the of the Eightmile River in the National Wild SEC. 2. WILD AND SCENIC RIVER DESIGNATION, and Scenic Rivers System and included this towns of Salem, Lyme, and East Haddam, EIGHTMILE RIVER, CONNECTICUT. recommendation as an integral part of the Connecticut, and appropriate local planning (a) FINDINGS.—Congress finds the following: Eightmile River Watershed Management and environmental organizations. All cooper- (1) The Eightmile River Wild and Scenic River Plan. ative agreements authorized by this sub- Study Act of 2001 (Public Law 107–65; 115 Stat. (7) The residents of the towns lying along section shall be consistent with the 484) authorized the study of the Eightmile River the Eightmile River and comprising most of Eightmile River Watershed Management in the State of Connecticut from its headwaters its watershed (Salem, East Haddam, and Plan and may include provisions for finan- downstream to its confluence with the Con- Lyme, Connecticut), as well as the Boards of cial or other assistance from the United necticut River for potential inclusion in the Na- Selectmen and Land Use Commissions of States. tional Wild and Scenic Rivers System. these towns, voted to endorse the Eightmile (f) RELATION TO NATIONAL PARK SYSTEM.— (2) The segments of the Eightmile River cov- River Watershed Management Plan and to Notwithstanding section 10(c) of the Wild ered by the study are in a free-flowing condi- and Scenic Rivers Act (16 U.S.C. 1281(c)), the seek designation of the river as a component tion, and the outstanding resource values of the Eightmile River shall not be administered as of the National Wild and Scenic Rivers Sys- river segments include the cultural landscape, part of the National Park System or be sub- tem. water quality, watershed hydrology, unique spe- ject to regulations which govern the Na- (8) The State of Connecticut General As- cies and natural communities, geology, and wa- tional Park System. tershed ecosystem. sembly enacted Public Act 05–18 to endorse (g) LAND MANAGEMENT.— (3) The Eightmile River Wild and Scenic Study the Eightmile River Watershed Management (1) ZONING ORDINANCES.—For the purposes Plan and to seek designation of the river as Committee has determined that— of the Eightmile River, the zoning ordi- (A) the outstanding resource values of these a component of the National Wild and Scenic nances adopted by the towns of Salem, East Rivers System. river segments depend on sustaining the integ- Haddam, and Lyme, Connecticut, in effect as rity and quality of the Eightmile River water- (b) DESIGNATION.—Section 3(a) of the Wild of December 8, 2005, including provisions for and Scenic Rivers Act (16 U.S.C. 1274(a)) is shed; conservation of floodplains, wetlands and (B) these resource values are manifest within amended by adding at the end the following watercourses associated with the segments, the entire watershed; and new paragraph: are deemed to satisfy the standards and re- (C) the watershed as a whole, including its ‘‘(l) EIGHTMILE RIVER, CONNECTICUT.—Seg- quirements of section 6(c) of the Wild and protection, is itself intrinsically important to ments of the main stem and specified tribu- Scenic Rivers Act (16 U.S.C. 1277(c)). this designation. taries of the Eightmile River in the State of (2) ACQUISITION OF LANDS.—The provisions (4) The Eightmile River Wild and Scenic Study Connecticut, totaling approximately 25.3 of section 6(c) of the Wild and Scenic Rivers Committee took a watershed approach in study- miles, to be administered by the Secretary of Act that prohibit Federal acquisition of ing and recommending management options for the Interior as follows: lands by condemnation shall apply to the the river segments and the Eightmile River wa- ‘‘(A) The entire 10.8-mile segment of the Eightmile River. The authority of the Sec- tershed as a whole. main stem, starting at its confluence with retary of the Interior to acquire lands for the (5) During the study, the Eightmile River Wild Lake Hayward Brook to its confluence with purpose of managing the Eightmile River as and Scenic Study Committee, with assistance the Connecticut River at the mouth of Ham- a component of the National Wild and Scenic from the National Park Service, prepared a com- burg Cove, as a scenic river. Rivers System shall be— prehensive management plan for the Eightmile ‘‘(B) The 8.0-mile segment of the East (A) limited to acquisition by donation or River watershed, dated December 8, 2005 (in this Branch of the Eightmile River starting at acquisition with the consent of the owner of section referred to as the ‘‘Eightmile River Wa- Witch Meadow Road to its confluence with the lands; and tershed Management Plan’’), which establishes the main stem of the Eightmile River, as a (B) subject to the additional criteria set objectives, standards, and action programs that scenic river. forth in the Eightmile River Watershed Man- will ensure long-term protection of the out- ‘‘(C) The 3.9-mile segment of Harris Brook agement Plan. standing values of the river and compatible starting with the confluence of an unnamed (h) WATERSHED APPROACH.— management of the land and water resources of stream lying 0.74 miles due east of the inter- (1) IN GENERAL.—In furtherance of the wa- the Eightmile River and its watershed, without section of Hartford Road (State Route 85) tershed approach to resource preservation Federal management of affected lands not and Round Hill Road to its confluence with and enhancement articulated in the owned by the United States. the East Branch of the Eightmile River, as a Eightmile River Watershed Management (6) The Eightmile River Wild and Scenic Study scenic river. Plan, the tributaries of the Eightmile River Committee voted in favor of inclusion of the ‘‘(D) The 1.9-mile segment of Beaver Brook watershed specified in paragraph (2) are rec- Eightmile River in the National Wild and Scenic starting at its confluence with Cedar Pond ognized as integral to the protection and en- Rivers System and included this recommenda- Brook to its confluence with the main stem hancement of the Eightmile River and its tion as an integral part of the Eightmile River of the Eightmile River, as a scenic river. watershed. Watershed Management Plan.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00115 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.214 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8952 CONGRESSIONAL RECORD — HOUSE July 30, 2007 (7) The residents of the towns lying along the (g) LAND MANAGEMENT.—The zoning ordi- pursuant to the 2001 Eightmile River Eightmile River and comprising most of its wa- nances adopted by the towns of Salem, East Wild and Scenic River Study Act. tershed (Salem, East Haddam, and Lyme, Con- Haddam, and Lyme, Connecticut, in effect as of necticut), as well as the Boards of Selectmen December 8, 2005, including provisions for con- The administration supports the leg- and Land Use Commissions of these towns, servation of floodplains, wetlands, and water- islation. The National Park Service voted to endorse the Eightmile River Watershed courses associated with the segments, are has found these segments of the river Management Plan and to seek designation of deemed to satisfy the standards and require- and its tributaries to be eligible and the river as a component of the National Wild ments of section 6(c) of the Wild and Scenic Riv- suitable for designation. Under the pro- and Scenic Rivers System. ers Act (16 U.S.C. 1277 (c)). For the purpose of visions of the bill, the river will be (8) The State of Connecticut General Assembly section 6(c) of that Act, such towns shall be managed pursuant to a partnership enacted Public Act 05–18 to endorse the deemed ‘‘villages’’ and the provisions of that Eightmile River Watershed Management Plan agreement as envisioned in section section, which prohibit Federal acquisition of 10(e) of the Wild and Scenic River Act. and to seek designation of the river as a compo- lands by condemnation, shall apply to the seg- nent of the National Wild and Scenic Rivers ments designated by subsection (B). The author- H.R. 986 is cosponsored by the entire System. ity of the Secretary to acquire lands for the pur- Connecticut House delegation. Both (b) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is poses of this Act shall be limited to acquisition Connecticut centers support the des- amended by adding at the end the following by donation or acquisition with the consent of ignation, as does the Republican Gov- new paragraph: the owner thereof, and shall be subject to the ernor of Connecticut and the State leg- ‘‘(l) EIGHTMILE RIVER, CONNECTICUT.—Seg- additional criteria set forth in the Eightmile islature. ments of the main stem and specified tributaries River Watershed Management Plan. of the Eightmile River in the State of Con- (h) WATERSHED APPROACH.— I submit for the RECORD a letter from (1) IN GENERAL.—In furtherance of the water- necticut, totaling approximately 25.3 miles, to be Governor Rell, dated July 11, 2007, in shed approach to resource preservation and en- administered by the Secretary of the Interior as support of the bill. hancement articulated in the Eightmile River follows: EXECUTIVE CHAMBERS, ‘‘(A) The entire 10.8-mile segment of the main Watershed Management Plan, the tributaries of STATE OF CONNECTICUT, stem, starting at its confluence with Lake Hay- the Eightmile River watershed specified in para- July 11, 2007. ward Brook to its confluence with the Con- graph (2) are recognized as integral to the pro- Hon. NANCY PELOSI, necticut River at the mouth of Hamburg Cove, tection and enhancement of the Eightmile River Speaker of the House of Representatives. as a scenic river. and its watershed. ‘‘(B) The 8.0-mile segment of the East Branch (2) COVERED TRIBUTARIES.—Paragraph (1) ap- STENY HOYER, of the Eightmile River starting at Witch Mead- plies with respect to Beaver Brook, Big Brook, House Majority Leader. ow Road to its confluence with the main stem of Burnhams Brook, Cedar Pond Brook, Cranberry JOHN BOEHNER, the Eightmile River, as a scenic river. Meadow Brook, Early Brook, Falls Brook, Fra- House Minority Leader. ‘‘(C) The 3.9-mile segment of Harris Brook ser Brook, Harris Brook, Hedge Brook, Lake ROY BLUNT, starting with the confluence of an unnamed Hayward Brook, Malt House Brook, Muddy House Minority Whip. stream lying 0.74 miles due east of the intersec- Brook, Ransom Brook, Rattlesnake Ledge DEAR SPEAKER PELOSI AND CONGRESSMEN tion of Hartford Road (State Route 85) and Brook, Shingle Mill Brook, Strongs Brook, Tis- HOYER, BOEHNER, AND BLUNT: I am writing to Round Hill Road to its confluence with the East dale Brook, Witch Meadow Brook, and all other express my support for H.R. 986, which will Branch of the Eightmile River, as a scenic river. perennial streams within the Eightmile River designate certain sections of the Eightmile ‘‘(D) The 1.9-mile segment of Beaver Brook watershed. River in southeastern Connecticut for inclu- starting at its confluence with Cedar Pond (i) AUTHORIZATION OF APPROPRIATIONS.— sion in the National Park Service’s Wild and Brook to its confluence with the main stem of There are authorized to be appropriated such Scenic Rivers System. Including parts of this the Eightmile River, as a scenic river. sums as are necessary to carry out this section exceptional natural and cultural resource ‘‘(E) The 0.7-mile segment of Falls Brook from and the amendment made by subsection (b). its confluence with Tisdale Brook to its con- within this program will help ensure that it fluence with the main stem of the Eightmile The SPEAKER pro tempore. The gen- receives the protections that it deserves. River at Hamburg Cove, as a scenic river.’’. tleman from Arizona (Mr. GRIJALVA) I understand that this legislation also will (c) MANAGEMENT.—The segments of the main and the gentleman from Utah (Mr. protect property owners from having their stem and certain tributaries of the Eightmile BISHOP) each will control 30 minutes. lands taken by condemnation without the River in the State of Connecticut designated as The Chair recognizes the gentleman consent of the property owner. As you may components of the National Wild and Scenic from Arizona. know, this has become an important issue in Rivers System by the amendment made by sub- GENERAL LEAVE Connecticut in the wake of the U.S. Supreme section (b) (in this section referred to as the Mr. GRIJALVA. Madam Speaker, I Court’s Kelo decision, and I am pleased that ‘‘Eightmile River’’) shall be managed in accord- H.R. 986 will respect the rights of property ance with the Eightmile River Watershed Man- ask unanimous consent that all Mem- owners. bers have 5 legislative days to revise agement Plan and such amendments to the plan Thank you for your efforts to help preserve as the Secretary of the Interior determines are and extend their remarks and include this river, its tributaries and watershed. consistent with this section. The Eightmile River extraneous material on H.R. 986. Very truly yours, Watershed Management Plan is deemed to sat- The SPEAKER pro tempore. Is there M. JODI RELL, isfy the requirements for a comprehensive man- objection to the request of the gen- Governor. agement plan required by section 3(d) of the tleman from Arizona? Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). There was no objection. The legislation also enjoys ample (d) COMMITTEE.—The Secretary of the Interior Mr. GRIJALVA. Madam Speaker, I support from the affected local commu- shall coordinate the management responsibilities yield myself as much time as I may nities, including the local governments of the Secretary with regard to the Eightmile of the towns of Salem, East Haddam River with the Eightmile River Coordinating consume. Committee, as specified in the Eightmile River H.R. 986 would designate 25.3 miles of and Lyme. Watershed Management Plan. the Eightmile River and its tributaries During the committee consideration (e) COOPERATIVE AGREEMENTS.—In order to in Connecticut as a national scenic of the bill, there had been expressed provide for the long-term protection, preserva- river. The bill was introduced by my concern about the private property tion, and enhancement of the Eightmile River, friend and colleague, Representative provisions in the legislation. the Secretary of the Interior may enter into co- Joe Courtney, who has been a strong To ensure that the bill is absolutely operative agreements pursuant to sections 10(e) and effective advocate for this designa- and 11(b)(1) of the Wild and Scenic Rivers Act clear on this point, I offered, and the tion. (16 U.S.C. 1281(e), 1282(b)(1)) with the State of Natural Resources Committee adopted, Connecticut, the towns of Salem, Lyme, and H.R. 986 would protect portions of the Eightmile River that have been found language that deems the zoning ordi- East Haddam, Connecticut, and appropriate nances adopted by the towns of Salem, local planning and environmental organiza- to have outstandingly remarkable val- ues, including an intact watershed with East Haddam and Lyme to satisfy sec- tions. All cooperative agreements authorized by tion 6(c) of the Wild and Scenic River this subsection shall be consistent with the a natural flow, very high water qual- Eightmile River Watershed Management Plan ity, unusual geological features, and Act, and thus the bill expressly pro- and may include provisions for financial or large numbers of rare plants and ani- hibits the use of Federal condemnation other assistance from the United States. mals. of authority under the Wild and Scenic (f) RELATION TO NATIONAL PARK SYSTEM.— River Act. Notwithstanding section 10(c) of the Wild and The bill would designate five seg- Scenic Rivers Act (16 U.S.C. 1281(c)), the ments of the river and its tributary as In addition, the bill goes on to ex- Eightmile River shall not be administered as scenic under the Wild and Scenic River pressly forbid Federal condemnation part of the National Park System or be subject Act. for the Eightmile River designation. to regulations which govern the National Park The designated segments would be The authority contained in the bill to System. managed according to a plan produced acquire land is limited to donation or

VerDate Aug 31 2005 03:32 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.213 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8953 acquisition with the consent of the sibly be prohibited, but it would prob- or willing sellers. Another phrase, we owner of the property. We have not one ably be prohibited because there is have problems, simply because we have but two provisions, making it abun- precedent in other wild and scenic files that are bulging, of citizens who dantly clear there will be no Federal areas where that exact same thing has became willing sellers only after years condemnation along the Eightmile happened. of harassment put on them by Federal River. But, with that, and I am sure it was agencies. These provisions track the language covered in those public hearings, I am If you mean that you don’t want con- used in several wild and scenic river convinced a majority of residents in demnation, say it. Say it in logical designations in the east, including the this area supported the wild and scenic terms that any citizen, any lawyer or designation of Connecticut’s other wild area. I was somewhat disenchanted, any judge will clearly understand. and scenic river, the Farmington when we were told in the hearing it If you don’t mean it, then use double- River. The language has been in effect was unanimous support. Later on, we talk, use loopholes. There is more that for over a decade without questions or found out it was not that and the we need to talk about on this par- ambiguity on those rivers or in court. record has been amended to illustrate ticular issue. The opposition has said that they that. Madam Speaker, I reserve the bal- only want to add language to deny Fed- In one city, in which one of the let- ance of my time. eral condemnation. Given the language ters I received said only five people Mr. GRIJALVA. Madam Speaker, already in the bill, this would be plain- were opposed to it, in reality it was local ordinances are being changed, and ly redundant. We simply ask that when about a 400-person meeting with about that will allow the National Park Serv- all else fails, that they read the bill. a third, about 40 percent who were op- ice to invoke its condemnation author- The specific language of H.R. 986 de- posed to it. Still not a majority, so I ity as one of the issues that my good nies the Federal Government any con- am not opposed to the scenic river. friend brought up now. What I would like to say, the specific demnation authority. The Bush admin- What is significant, though, is there language of the bill denies the National istration has assured us that they con- is a significant minority of individuals Park Service any condemnation au- sider the language to be absolutely un- in this area that are fearful of what thority. Even if a local government ambiguous. may happen to their homes in this were to change this ordinance, the Na- H.R. 986 was originally considered by area. Their rights and their fears tional Park Service wanted to exercise the House on July 10. When the vote should be considered and should be con- condemnation authority, they would was taken, the bill got a clear majority sidered carefully. It is ironic that this have to come back and they would on a vote of 239–173 but failed to get the happens to be in the district in which have to get this law changed. two-thirds necessary for passage under both the leaders of the State and local government turned their backs on Madam Speaker, I yield as much suspension of the rules. time as he may consume to the gen- Since the only amendment that oppo- Susette Kelo and brought about that infamous court case decision dealing tleman from Connecticut (Mr. LARSON). nents have raised is clearly unneces- Mr. LARSON of Connecticut. Madam sary, we believe the procedure under with Kelo, imminent domain issues. We do not want that to be replicated, Speaker, I rise in strong support of which the bill is being considered in which is clearly why the Republicans H.R. 986 and commend Representative the House today will allow the House presented language in both the Re- COURTNEY for his outstanding work. to work its will on the measure. sources and Rules Committee to make JOE COURTNEY, in so many ways, is a This is a good bill. I want to com- it specifically clear what was the in- story about so many people who come mend my colleague from Connecticut, tent of this bill. The language we pro- to the House of Representatives, not Representative COURTNEY, for his com- pose simply says, no Federal funds may unlike ‘‘Mr. Smith Goes to Wash- mitment and leadership on this matter. be used to condemn land to carry out ington’’ and finds out that, when he We support the passage of H.R. 986, as the purposes of this act or the amend- presents a bill that’s straightforward amended, and urge its adoption by the ment made by subsection B. Nothing and works diligently at it and presents House today. would be done. It is puzzling to us why it on the floor, only to find that opposi- Madam Speaker, I reserve the bal- the Democratic Party would not sup- tion rises where there should be una- ance of my time. nimity. Mr. BISHOP of Utah. Madam Speak- port that language, when all the Demo- crats from the sponsor to the com- Now, my good friend and colleague er, I have had the wonderful oppor- mittee chairman say that is, indeed, from Utah talks about the concern of tunity, or privilege, I guess, at dif- their goal. imminent domain, and yet the bill ferent times, of standing, sitting in If their goal is not to use condemna- clearly forbids this. More important this chair, standing at this mike either tion, then you should say so. Why this than the bill, however, that local au- to present bills or to control time or to wasn’t accepted in a bipartisan way is, thorities in the communities of Salem, present rules. Oftentimes, I was per- for me, puzzling. Otherwise, this bill East Haddam and Lyme and the entire plexed at the discussion that went on, need not to be here today; it could eas- Connecticut legislature, as well as the because oftentimes our side would be ily be handled by unanimous consent. Republican Governor from the State of giving wonderful speeches and their The language that the chairman of Connecticut, as well as the entire Con- side would be giving wonderful speech- the subcommittee gave you does not necticut delegation, including Repub- es but never on the same topic. We prohibit condemnation. It is based on lican CHRIS SHAYS. didn’t even have the terms defined. zoning ordinances, zoning ordinances. It seems as though Mr. COURTNEY That will not happen today with this It is unusual that, indeed, Federal has, perhaps, committed the grievous particular bill, because there is but one statute should be contingent on local sin of coming to Washington and being issue, and the issue is clear, and it is governments coming up with their zon- able to accomplish more in 6 months precise. ing ordinance as of a specific date. than his predecessor accomplished in 6 We do not have a problem with the What happens if they don’t have years. For this, he is to be punished. creation of the wild and scenic river for those? What happens if they change This bill should be by unanimous this Eightmile area in the State of those zoning ordinances, as has already consent, an acclamation, because of Connecticut. I am under the assump- happened? the way it was worked on, because of tion that at the public hearings that This is like a trial lawyer’s dream the kind of support that it has, because were held in Connecticut, issues that come true in being able to take this of how important it is to the citizens of could be of concern, for example, if you language to a court and say, Look, the State of Connecticut, who, indeed, have a kid and want to add a bedroom, Congress didn’t specifically protect on a local level and at the State level if you want to add a garage to your property rights with no condemnation through the legislature, and for a party home, if you want to fix the roof to language; they put their emphasis on that claims to be for States’ rights, your house, if you want to repair a local control. Ergo, local control why they would oppose the will of the road that’s been washed out or even should take precedence. local entity, and the State legislative ask to clear some of the brush next to They claim that the only land that body, and the Governor of the State of the river, that not only could that pos- will be taken will be done by donations Connecticut, is somewhat astounding.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.233 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8954 CONGRESSIONAL RECORD — HOUSE July 30, 2007 b 2315 constitutional rights of private prop- ple out West, where 60 and 70 and 80 Now, I am sure if that happened in erty ownership were so inconvenient percent of our States are owned by Utah, if the legislature in Utah passed that we simply confiscated their land Federal Governments. Those people out it, if the Governor in Utah agreed with and moved about 4,000 families out of West have a different view than those it and local municipalities approved of that whole Shenandoah area. people on the east coast where almost it in the impacted region, you would Confiscation is a very real thing to nothing is owned by the Federal or oppose it as well. I think not. But such people of New Mexico. The White Sands State government. And we out West is the case here. missile range extends for 100 miles say, please, just take the time to put in And I am pleased that the gentleman north to south, 40 miles east to west. this one simple sentence, to take the from Arizona outlined and articulated Ranch was confiscated because the De- precautions that would protect the this very important piece of legislation fense Department felt like it wanted to constitutional rights and liberties of for the citizens of the State of Con- create a training base. Now, all of us in our residents. It is not an unreasonable necticut. As I said, and I will repeat the area support the training base. We request, and we simply ask that the again, it has the support of the entire support that it is the largest overland bill be voted against because of that Connecticut delegation, including our missile training proving ground in the one provision that is missing. I thank two United States Senators. Why? Be- world. We are able to do magnificent the gentleman for yielding. cause this is a project that has been things there. But we cannot turn a Mr. GRIJALVA. I thank the gen- worked on for 10 years, because it has blind eye to the way that parcel of land tleman from New Mexico. And I would gone through a very thoughtful proc- was put together, by taking people and just point out that every time, and I am guilty of that, too, when we vote ess. And the difference being that they evicting them off their land. for a highway bill, a defense bill, a finally elected an individual who is ef- Recently, I had the opportunity to water bill that comes before us, we are fective, who has the capability of stumble across one of the books that voting for the ability of the Federal bringing people together on all sides of people in dire frustration write in their Government to conduct condemnation. the issue and making sure that he gets home. No major publisher would pick it This is not the case in this legislation. the job done. up and do it. It wasn’t very well writ- Congratulations, Joe. Job well done. ten, maybe. But it was published on a It is specifically prohibited in two sec- Mr. BISHOP of Utah. I am very small printer or maybe even one of the tions of this bill. pleased to yield to the gentleman from old copying machines that we used to I yield to the sponsor, my good friend from Connecticut (Mr. COURTNEY). New Mexico (Mr. PEARCE) such time as have in high school, but it talked about Mr. COURTNEY. Madam Speaker, I he may consume. 50 years of confiscation there in that thank the gentleman for his leadership Mr. PEARCE. I thank the gentleman one section of New Mexico. on this legislation. And I also want to from Utah and recognize the hard work So, yes, we do in this country face a thank my colleague from Connecticut of my friend from Arizona (Mr. problem of a too strong central govern- (Mr. LARSON) for his strong words in GRIJALVA). ment. I don’t know if it is going to be support of this measure, which again is I think that we all agree patently a problem; Mr. BISHOP alludes to the that the underlying bill is not a prob- fact that we have land owners there something that people in Connecticut lem. The problem is a very simple sen- who are expressing their concern of are watching anxiously in terms of the actions of this body. tence that my friend from Utah would what is going to happen to them. None Madam Speaker, I submit for print- have included: no Federal funds may be of us can say what any bureaucracy ing in the RECORD letters of support for would do in the future. All we can do is used to condemn land, carry out the this legislation from the Republican offer the security of this one simple purposes of this act, or the amendment Governor of Connecticut, Jodi Rell; the sentence: no Federal funds may be used made by subsection B. It is a very sim- first selectman of the town of East ple amendment, one that is very clear. to condemn land to carry out the pur- Haddam, Brad Parker; the Republican One would have to ask: Are there cir- poses of this act or the amendments first selectman from the town of cumstances where we would be con- made by this subsection (b). Salem, Larry Reitz; the Republican cerned about confiscation? Is it a valid Now, there are those who completely first selectman of the town of Lyme, concern? Has it been done before? Is it oppose this kind of restriction. Re- Ralph Eno; and also a letter of support cently, I volunteered to help with the a worry that land owners or property from the State of Connecticut’s Attor- Continental Divide Trail that runs owners might have to fear that confis- ney General, Richard Blumenthal, all cation would actually reach in and north-south, through the United of whom have reviewed this legislation take their property and wrestle it away States. It starts at the Mexican border, and have, very mindful of the situation from them? That is the essential ques- goes all the way to the Canadian bor- that occurred in London, a year ago, tion before us. der, and runs all the way north to have examined the question of whether As the chairman of the Parks Sub- south through New Mexico. That trail or not this legislation opens the door committee last year, we had the oppor- was originated in 1978 language, but in to condemnation of eminent domain, tunity to listen to people along the Ap- the intervening years not one mile and all have expressed their support for palachian Trail. The Friars case was across private property had ever been the committee bill which is before the most prevalent. It is not the actual gotten. I volunteered to take that task House this evening and will be voted on condemnation; it is the threat of con- on, but the one reassurance people tomorrow. demnation that is the tool that is most wanted was, don’t let them come and ATTORNEY GENERAL, often used; that we begin to persist take my land later. STATE OF CONNECTICUT, from the Federal Government that we I am sympathetic to the rights of pri- Hartford, CT, July 19, 2007. are going to take your land; that we vate property owners. I think that we Hon. JOSEPH D. COURTNEY, can; that you need to just get along. So all should be, because private property U.S. Congressman, we have seen up and down the Appa- ownership is at the heart of the success Washington, DC. lachian Trail problems that come when of our democracy and this Republic DEAR CONGRESSMAN COURTNEY: I am writ- ing to support H.R. 986, the Eightmile Wild land owners get in the way of a very that we represent people in. Private and Scenic River Act, which designates cer- strong central government. property ownership is the basis of our tain areas of the Eightmile River in Lyme, A couple of weeks ago I had the op- Constitution. It is the basis of the eco- Salem and East Haddam as part of the Na- portunity to be in Shenandoah Na- nomic way of life that we have in this tional Wild and Scenic Rivers System. This tional Park. I was amazed at the bold- country, and we should jealously guard river is a great asset to the people of Con- ness of the park superintendent there. it even to the point of putting in sim- necticut, and such designation will enhance The entire visitors center was filled ple language like that that Mr. BISHOP efforts to preserve and protect its beauty and with stories of exactly the same thing, environmental integrity. has suggested. It is not an unreason- The proposal also protects the property where a too strong Federal Govern- able request. rights of land owners within the designated ment came in and began to take people And, no, it is not some scheme rigged areas from federal eminent domain takings and move them off the land because up to make it look like someone didn’t by expressly stating that the Secretary of they were just so inconvenient. These get their job done. It is simply the peo- the Interior’s authority to acquire property

VerDate Aug 31 2005 03:32 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.235 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8955 in this area ‘‘shall be limited to acquisition Compact states: ‘‘We understand that 1) land and program that has been in place for by donation or acquisition with the consent use in our towns is the key determinant to over 30 years. Now, maybe we are just of the owner thereof . . .’’ Section 2(g). the health of the Watershed’s natural re- not getting news in our part of the The Secretary’s general statutory author- sources; 2) a healthy watershed ecosystem is ity under the Wild and Scenic Rivers Act to consistent with our town goals of promoting country, but we have not read of any acquire land is already severely cir- a healthy community, preserving rural char- wave or epidemic of condemnation or cumscribed. The Act flatly prohibits use of acter, and nurturing suitable economic eminent domain that is taking place eminent domain if the lands are subject to growth.’’ across this country as a result of this local zoning laws that conform to proposes of This broad view of the Eightmile River Wa- legislation. It is not about ownership the Act. According to the Interior Depart- tershed including its rural character, eco- by the government. What it is about is nomic well being and intact natural re- ment, there have been no condemnations preserving water quality and pre- under this Act in the past 30 years. Neverthe- sources has led to a heightened awareness less, H.R. 986 goes even further by prohib- and concern for this fragile system by a serving species and vegetation flora iting the use of eminent domain by the Sec- broad spectrum of town residents. Over the and fauna that have been identified by retary under any circumstance. 12 years of East Haddam’s participation in the National Park Service through a I commend your leadership on this critical the Eightmile work, I have heard of only a very strict system of screening to qual- legislation. small number of individuals who oppose the ify for the status. And what it does is Very truly yours, project. We have overwhelming support from it triggers support and grants so that RICHARD BLUMENTHAL. the business community and private citizens alike. In fact, our river front landowners are the characteristics that have been identified will continue to be conserved LYME, CT, some of the strongest advocates—they deep- July 11, 2007. ly understand the risks that unchecked de- and preserved into the future. CONGRESSMAN JOE COURTNEY, velopment and sprawl will have on the river In 2001 this Congress approved the re- in their own back yards. The town has also Norwich, CT. port authorization for a study to be DEAR CONGRESSMAN COURTNEY: I am writ- taken measures to protect much of the open ing to reaffirm my longstanding support for space in the watershed area. done of this river again on a bipartisan legislation to secure federal ‘‘wild and sce- Thanks again for your time and attention basis. And in every one of the areas and nic’’ designation for the Eight Mile River. to our pristine Eightmile Watershed. categories that the National Park The towns of Lyme, East Haddam and Salem Sincerely, Service examines to determine whether have invested considerable time and effort to BRAD PARKER, or not a river qualifies, Eightmile protect this vital asset common to our com- First Selectman. River passed with flying colors. munities. Approval of your bill is key to insuring the STATE OF CONNECTICUT The legislation, which was drafted by integrity of the stream as well as safe- EXECUTIVE CHAMBERS, nonpartisan staff, is based exactly ver- guarding the rural character and quality of Hartford, CT, July 11, 2007. batim on Wild and Scenic Act designa- life in Lyme, I cannot stress its importance Congresswoman NANCY PELOSI, tions that have occurred as recently as to our respective communities strongly Speaker of the House of Representatives, the 109th Congress. The gentleman Congressman STENY HOYER, enough. from Utah said that he was surprised Thank you for your efforts on our behalf. House Majority Leader, Best Regards, Congressman JOHN BOEHNER, that local zoning was being referenced RALPH ELIO, House Minority Leader, in Federal statutes. Well, he shouldn’t First Selectman. Congressman ROY BLUNT, be surprised, because the last Congress House Minority Whip. when they approved a river in the JULY 9, 2007. DEAR SPEAKER PELOSI AND CONGRESSMEN State of New Jersey used exactly the HOYER, BOEHNER AND BLUNT: I am writing to Hon. JOSEPH COURTNEY, same language. And as Mr. GRIJALVA Canon House Office Building, express my support for HR 986, which will designate certain sections of the Eightmile has indicated, that was also the case Washington, DC. with the Farmington River Wild and DEAR CONGRESSMAN COURTNEY: As First River in southeastern Connecticut for inclu- Selectman for the Town of Salem I would sion in the National Park Service’s Wild and Scenic Act designation 10 years ago, like to reiterate Salem’s strong commitment Scenic River System. Including parts of this again, referencing local zoning provi- to protecting and preserving the Eight Mile exceptional natural and cultural resource sions that triggered the anticondem- River and the surrounding watershed. Re- within this program will help ensure that it nation plan and program which the Na- sources such as this are critically important receives the protections that it deserves. tional Park Service has incorporated in the health and well being of all residents I understand that this legislation also will protect property owners from having their into the underlying act, into the under- in this part of Southeastern Connecticut, lying law that governs the National and need to be recognized for their intrinsic lands taken by condemnation without the value. consent of the property owner. As you may Wild and Scenic Act provisions. Federal designation as a Wild and Scenic know, this has become an important issue in But let’s cut to the chase here. What River is an important part of preserving this Connecticut in the wake of the U.S. Supreme Court’s Keto decision, and I am pleased that are the zoning ordinances that we are natural resource. The Town of Salem is talking about in these three commu- pleased that you have chosen to sponsor this HR 986 will respect the rights of property effort and guide it through the legislative owners. nities of East Haddam, Salem, and Thank you for your efforts to help preserve process. Thank you, and if we can be of any Lyme? They are in fact wetland review this river, its tributaries and watershed. additional assistance in support of your ef- requirements for property owners who Very truly yours, forts please do not hesitate to contact us. border the body of water, the river. In M. JODI RELL, Sincerely, Governor. the town of Lyme there is a 100-foot R. LARRY REITZ, setback where you need to get a permit As Mr. GRIJALVA has indicated, this First Selectman. to build, 75 feet in Salem, and 75 feet in effort has been 10 years in the making. East Haddam. SELECTMEN’S OFFICE, It has been a grass-roots effort. There TOWN OFFICE BUILDING, have been meetings of planning and Now, let’s be clear here. These wet- East Haddam, CT, July 6, 2007. zoning commission, inland wetland land requirements existed before, and I Hon. JOSEPH COURTNEY, commission, town meetings in the dis- want to say that again, before the Congressman, Second District, trict. The idea of trying to protect this Eightmile River Project was ever con- Norwich, CT. templated. These were not the result of DEAR CONGRESSMAN COURTNEY: Thank you gem, this beautiful river in one of the for your time and effort in this important most densely populated parts of the the threat of condemnation or the matter. I am writing to reassure you that country, is something that people in threat of eminent domain. These are the citizens and elected officials of East these towns have come together on a zoning ordinances in wetland protec- Haddam are overwhelmingly in favor of Wild bipartisan basis, Republican and Demo- tion provisions that these towns had & Scenic designation. crat, property owners and public offi- adopted long before this project was Over ten years ago my predecessor, along cials, and have embraced the idea of ever contemplated, and never has there with the First Selectmen from Lyme and ever been any indication that those Salem signed the Eightmile River Watershed the Wild and Scenic Act designation as Conservation Compact. That inter-municipal a way of preserving this river with wetland review requirements, which agreement represented East Haddam’s com- unique and special characteristics. again are frankly commonplace mitment to a regional project that our town There are 168 rivers in this country throughout Connecticut. I was a town has participated in and endorsed widely. The protected by the Wild and Scenic law attorney of the community that I come

VerDate Aug 31 2005 03:32 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.224 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8956 CONGRESSIONAL RECORD — HOUSE July 30, 2007 from, and again you have got to get a somehow this bill was going to create straightforward, transparent piece that permit if you are building in a wetland. eminent domain in the Eightmile River is the problem. You can build in a wetland if the wet- region completely dismissed it out of We’ve got some magnificent vistas land commission gives you permission. hand. And both newspapers called on out West that might not equal what But if you disturb wetlands or disturb Congress to get serious and to act you’re talking about, but we share our a body of water, you have to mitigate swiftly and to make sure that the 10 love for those things, and it’s unfortu- for it. That is basic land use law, cer- years of hard bipartisan work that has nate that this bill is kind of the focal tainly in the State of Connecticut and gone on in these communities is com- point for this particular dispute. But I imagine in many, many other parts of pleted by passage of this legislation, again, it’s certainly nothing to do with the country. just like we did in the 109th Congress the gentleman’s underlying assumption So when the National Park Service for a New Jersey river, using verbatim, or his belief that this river is worth looked at this application and saw the same language incorporating local protecting, but is instead one that what inland wetland protections these zoning as the trigger for we’re expressing our concern as cleanly towns had already adopted, they clear- anticondemnation provisions by the as we can that a government can be too ly indicated that it triggers the National Park Service. And that’s ex- strong and too large and too heavy- anticondemnation provisions of the actly what we’ve done with this legis- handed. And we worry about that. Wild and Scenic Act. And as Mr. lation, and we are asking no more and But I thank the gentleman for yield- GRIJALVA has stated, the acquisition of no less than what Congress has done in ing. lands provision of this statute clearly numerous instances where wild and Mr. COURTNEY. And in conclusion, states that the Federal acquisitions are scenic act designation took place. again, I’d be happy to submit an ex- prohibited and that the provisions of This is a beautiful, beautiful part of cerpt from the Eightmile River Water- the Wild and Scenic Act that prohibit Connecticut. I invite anyone to come shed management plan, which again Federal acquisition of lands by con- up there. When the river’s running confirms what the zoning and wetland demnation shall apply to this project, high, you can kayak on the Eightmile regulations, which ones were examined to this request. River, fly fishing during the summer. by the National Park Service and by Now, again, we had some discussion In the winter, take a walk in the woods the committee, again, the 75-foot and at the public hearing, and I apologize if like Robert Frost described. It is spec- the 100-foot setback for wetland per- I in my exuberance overstated the sup- tacular and amazing, given, again, the mits, which, again, were satisfactory in port that existed in the area. What I fact that we live in such a densely pop- terms of triggering the anticondemna- guess I meant to say is that the Land ulated part of the country. tion provisions of the wild and scenic Use Commission all came together in Mr. PEARCE. Would the gentleman act, which, again, I think have worked support of it. But I know New England yield? without a hitch based on any data and town meetings; I have been through Mr. COURTNEY. Sure. I’d be happy information, facts or law that the com- enough of them as a town attorney to to yield. mittee staff and the committee leader- know that unanimity is hard to find al- Mr. PEARCE. The gentleman under- ship has examined. most on any agenda item that comes stands, I mean, it is a very straight- In conclusion, I just want to thank, before it. forward, transparent thing that we’re again, the leadership of the committee But the fact of the matter is that we suggesting. What was offensive about for the work that they’ve done on this used statutory language which has ver- this particular amendment that simply legislation. I hope maybe this colloquy batim been used in other Wild and Sce- says no Federal funds may be used to has reassured people that this is not a nic Act designations, drafted by non- condemn, and it just gets really clear, plan which is about trying to ram partisan staff. I think Mr. GRIJALVA because again, those of us in the West, through government authority to take bent over backwards to try to accom- maybe we’re overly sensitive, but so people’s property rights away. It has modate the concerns when there was a much land has been taken from us that been fashioned and designed in a way debate at the time the committee re- it is, it is a point at which we begin to that accommodates people’s input and ported the bill out. resist. Why wasn’t that amendment participation with, again, property simply agreed to? owners in strong support of it. Their b 2330 Mr. COURTNEY. Well, again, I don’t names were submitted to the com- And again, I emphasize the fact that sit on the Resources Committee, on the mittee during the committee process. this anticondemnation provision would day that this was deliberated on, but, I And again, I want to thank Mr. be incorporated into the very statute, think clearly, and I don’t want to put GRIJALVA for his leadership on this it wasn’t just simply relying on Na- words in the Chairman’s mouth, and he issue. tional Park Service’s representations, can probably answer this when maybe ADEQUACY OF PROTECTION and brought the bill to the floor on the the microphone goes back to him, but An important component of the manage- suspension calendar thinking that that my understanding is that basically ment plan development process was deter- really was the end of the debate over they wanted to follow the basic statu- mining the adequacy of existing protection that issue. Well, obviously it wasn’t. It tory format that has worked in all the mechanisms to protect and enhance the wa- was requested, a rollcall vote, and al- other designations that this Congress tershed’s outstanding resource values. Deter- though 18 Republicans did support us mining adequacy achieves objectives: has taken up in the past, and where (1) Proving that local communities meet at the time the vote was taken, it was really honestly there has not been a the requirements of Section 6(c) of the Wild not sufficient to hit the two-thirds problem of condemnation or eminent & Scenic Rivers Act. number. domain of the property owners. But Section 6(c) of the Wild & Scenic Rivers Now, press releases went out to local that’s the best of my knowledge. Act states: newspapers in Connecticut breathlessly Mr. PEARCE. I appreciate the gentle- ‘‘(c) Neither the Secretary of the Interior exclaiming that JOE COURTNEY was out man’s comments. And if he would yield nor the Secretary of Agriculture may ac- there trying to push a bill that was further, just point out that, again, we quire lands by condemnation, for the purpose of including such lands in any national wild, going to create eminent domain or con- have had so many people come and tes- scenic or recreational river area, if such demnation in the area, and I’ve got to tify about the Appalachian Trail that lands are located within any incorporated tell you, it was greeted by ridicule and came through there, and I wouldn’t city, village or borough which has in force guffaws in Connecticut. call it systematic, but enough to where and applicable to such lands a duly adopted, The Hartford Current, there’s a clip we began to feel, I began to feel uncom- valid zoning ordinance that conforms with here that we’re presenting, dismissed fortable with a too-strong National the purposes of this Act. The standards spec- the concerns as just simply none of it Park Service that was very energized ified in such guidelines shall have the object was true. The New London Day, the about just getting this little parcel of (A) prohibiting new commercial or indus- trial uses other than commercial or indus- paper of record in the community of here, and it would make things fit so trial uses which are consistent with the pur- New London, which was, again, where well that they began to really use their poses of this Act and (8) the protection af the the Kelo case was located, wrote an power in a way that was distressing. bank lands by means of acreage, frontage, editorial after reviewing the claim that And that’s, again, it’s a very simply and setback requirements on development.’’

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.237 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8957 Local, state and federal regulations, com- tional one. You mentioned the Attor- you actually ensure, by taking the bined with protected lands and physical con- ney General from the State of Con- money away, there is no condemna- straints to development (i.e. floodplains, necticut wrote a letter and once again tion, or do you leave the language in wetlands, topography, etc.) create enough of he said the act flatly prohibits use of the act? It’s clear. It’s understandable. an existing protection scheme to make fed- eral condemnation of lands unreasonable and eminent domain if, and once again It should be clear to our colleagues. It unnecessary. While no new actions are that’s the conditional language, if the will be clear to our constituents and deemed required by the towns to meet the lands are subject to local zoning laws our voters. requirements of Section 6(c), the manage- that conform to the purposes of the Madam Speaker, I yield back the bal- ment recommendations in Section VI are act. And once again the date that these ance of my time, with the exception of considered critical to the overall long-term zoning laws should have been in effect, 2 minutes, which I reserve for tomor- quality of the watershed’s outstanding re- the zoning ordinances have already row. source values. At the local and state level, a number of been changed from that particular The SPEAKER pro tempore. The gen- key actions underscore the current level of date. tleman’s time has expired. There are 2 protection and the dedication to river and But the key element is that that zon- minutes remaining. watershed conservation: ing language, that willing seller lan- Mr. GRIJALVA. Madam Speaker, I Local upland review areas are in place in guage, is inserted into the existing bill thank my good friend from Utah, the all three communities. These are the areas and it comes directly after this sen- ranking member. within 100 feet of wetlands and watercourses tence, and the sentence is very clear. Just in closing, let me say that the in East Haddam and Lyme, and 75 feet in Nothing contained in this section, Appalachian Trail that was referenced Salem. Municipal Inland Wetland and Water- which is everything we’ve been talking course Commissions can regulate activities by the gentleman from New Mexico in upland review areas that would likely im- about in this bill, nothing contained in has, in the legislation, condemnation pact wetland or watercourse function. Re- this section however, shall preclude the as part of it. This particular bill does views in upland areas may include assessing use of condemnation. Nothing that you not. And there is separate language, and regulating impacts from a proposed ac- add as far as zoning ordinances or will- aside from the section that my good tivity on hydrologic, water quality and eco- ing sellers precludes the right the Sec- friend from Utah presented today, that logical functions. retary of Interior has in the rest of the adds an additional prohibition and a All three towns have adopted net buildable bill and the rest of the section from area requirements in their subdivision regu- protection for the acquisition of pri- lations recognizing new construction should condemnation, unless you simply adopt vate property in this legislation. be compatible with the carrying capacity of the Republican language, and that is Mr. SHAYS. Mr. Speaker, I rise in support the land to sustain it. In addition, Salem re- why we hit over and over and over of H.R. 986, the Eightmile Wild and Scenic quires 75% of the net buildable area be out- again on this issue. River Act, which would add the Eightmile side of the upland review area, and Lyme re- It is important that we stand up for River to the Wild and Scenic Rivers System. quires all of the net buildable area be at property rights and personal property. This legislation has overwhelming bipartisan least 100 feet back from wetlands and water- It’s important that people have some support from the National Park Service, the bi- courses. sense of security and safety in their Local communities, working in partner- partisan Connecticut House delegation, the ship with local land trusts, the state and The own homes. And this bill doesn’t take Republican Governor of Connecticut, the At- Nature Conservancy, have directly preserved away this provision of the act which torney General of Connecticut, the three local 28% of the watershed (over 11,000 acres of says, nothing contained in this section mayors, and the State legislature, which land), and 25% of all river frontage within 100 shall preclude the use of condemnation. passed a resolution in support of Wild and feet of the 160 miles of river and stream in That is to which we object. That is the Scenic designation. the watershed. problem with this bill. That is what Concerns have been raised that H.R. 986, Mr. BISHOP of Utah. If I could ask must change. the Eightmile Wild and Scenic River Act, the gentleman from Arizona how many The Republican option was clear, would allow land condemnations within the more speakers you have. simple and to the point. The Democrat Eightmile River corridor. This is not the case. Mr. GRIJALVA. We have no addi- option, whatever the motive was, is The bill prohibits eminent domain, condemna- tional speakers. somewhat double-talk. It’s a loophole. tion or any takings. Mr. BISHOP of Utah. Madam Speak- This language that we propose is very H.R. 986 also explicitly states: ‘‘The author- er, I yield myself the balance of my similar to what this body adopted by a ity of the Secretary to acquire lands for the time. voice vote with the Department of In- purposes of this Act shall be limited to acquisi- As I said before, there are some sig- terior appropriations bill. tion by donation or acquisition with the con- nificant issues that always take place And in conclusion, Madam Speaker, sent of the owner thereof, and shall be subject on these particular types of bills. In- I’m actually sad that we had this bill to the additional criteria set forth in the deed, there is no basic statutory struc- before us at all. There is no reason this Eightmile River Watershed Management ture for wild and scenic bills. They’ve bill should be before us with a closed Plan.’’ This prohibits condemnations regard- gone all over the place, including the rule. I wish that the Democrats had less of how local zoning laws apply. now infamous one in New Jersey, moved in a bipartisan way to work The Eightmile River is a worthy addition to which I think was actually the last bill with us to meet what are legitimate the Wild and Scenic Rivers System. I strongly to go through during the last session. concerns. And if, indeed, protection of urge passage of H.R. 986. These are the issues that we’ve private property is a partisan issue, Mr. GRIJALVA. Madam Speaker, I talked about before which can, indeed, I’m more than happy to be on the side yield back all but 2 minutes and re- take place under wild and scenic areas of private property. That’s the right serve the 2 minutes until tomorrow. where people do not have the right to side to be on in this issue. This bill The SPEAKER pro tempore. The gen- fix their roof, do not have the right to may indeed sometime become a meta- tleman’s time has expired. There are 2 expand their garage, do not have the phor for this entire section where we minutes remaining. right to clear areas on their own prop- can see how much muscle can be flexed Pursuant to section 2 of House Reso- erty. It is not just a possibility; it is to push through issues rather than sit- lution 580, further proceedings on the actually a probability. There is prece- ting down and trying to solve prob- bill will be postponed. dent for all of those. lems. But once again, this isn’t this key I truly hope that in the future we can f issue. We are willing to have 8 miles of work in a bipartisan way, that we can scenic river in Connecticut. The key actually talk together to find language issue is defending those people in Con- that is mutually acceptable to both SPECIAL ORDERS necticut and establishing a precedent sides of the aisle for these issues, be- The SPEAKER pro tempore (Ms. that is significant the rest of the way. cause there’s no reason that we should SHEA-PORTER). Under the Speaker’s an- It’s not simply a matter of reading actually have to go through a closed nounced policy of January 18, 2007, and the bill; it’s a matter of reading the rule on this type of a bill. under a previous order of the House, law. The language of zoning require- But the issue is simply black and the following Members will be recog- ment, which once again is a condi- white or yellow and black, I guess. Will nized for 5 minutes each.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.222 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8958 CONGRESSIONAL RECORD — HOUSE July 30, 2007 The SPEAKER pro tempore. Under a ences in the town of Boone every year. (Ms. NORTON addressed the House. previous order of the House, the gen- They embody the ideals of America Her remarks will appear hereafter in tleman from Texas (Mr. POE) is recog- that this production encompasses: a the Extensions of Remarks.) nized for 5 minutes. love of freedom, a strong belief in the f (Mr. POE addressed the House. His common man, and a dedication to what The SPEAKER pro tempore. Under a remarks will appear hereafter in the is right even in the face of uncertain previous order of the House, the gen- Extensions of Remarks.) odds. tleman from Louisiana (Mr. JEFFER- The cast and supporting staff and f SON) is recognized for 5 minutes. board are dedicated to ‘‘Horn’’ and are HONORING THE ‘‘HORN IN THE (Mr. JEFFERSON addressed the doing a great job with very limited re- WEST’’ HISTORICAL DRAMA House. His remarks will appear here- sources. after in the Extensions of Remarks.) The SPEAKER pro tempore. Under a The Daniel Boone Theatre that previous order of the House, the gentle- The SPEAKER pro tempore. Under a houses the outdoor production of previous order of the House, the gen- woman from North Carolina (Ms. FOXX) ‘‘Horn in the West’’ is a magnificent is recognized for 5 minutes. tleman from Michigan (Mr. CONYERS) is setting for this historical play. When it recognized for 5 minutes. Ms. FOXX. Madam Speaker, I rise was first reviewed, the critics raved today to honor ‘‘Horn in the West,’’ that the theatrical setting was ‘‘one of f which this year is in its 56th consecu- the most beautiful, if not the most 50TH ANNIVERSARY OF THE tive season and is the third oldest out- beautiful, in America’’ and that ‘‘the SOUTHERN CHRISTIAN LEADER- door drama in the United States. theatre alone is worth the price of ad- SHIP CONFERENCE ‘‘Horn in the West’’ is also the oldest mission.’’ Revolutionary War drama in the Na- The Daniel Boone Theatre merits Mr. CONYERS. Madam Speaker, I rise tion. It brings theatre-goers into the such praise. It is a masterful blend of today to recognize and congratulate the life and times of that legendary fron- architecture and landscape. Designed Southern Christian Leadership Conference, tiersman Daniel Boone. by the NC State School of Design and SCLC, as it celebrates 50 years of promoting Located in Boone, North Carolina, built in 1952, it deserves its title as the non-violent action as a means to achieve so- ‘‘Horn in the West’’ outdoor drama cap- best outdoor theatre in the east. It sits cial, economic, and political justice. The op- tured the heart of this great struggle on 35 acres of Blue Ridge Mountain ter- portunity to serve as the first African-American for freedom that was fought by moun- rain and was designed specifically with Chairman of the House Judiciary Committee is tain settlers in Appalachia during the ‘‘Horn in the West’’ in mind. The the- a tribute to the efforts of the SCLC to promote Revolutionary War. In its 56 years of atre blends into the mountains with its equal opportunity and equal justice. existence, the show has wowed more careful use of native stone and land- Without the courage and sacrifice of mem- than 1.4 million people with its story- scaping. The theatre’s designers took bers of the SCLC, namely its first President, telling ingenuity and historical acu- great pains to integrate existing vege- Dr. Martin Luther King, Jr., and those Presi- men. To this day it is not only enter- tation into the landscape so that today dents that followed—Ralph Abernathy, Joseph taining thousands each year; it is also enormous rhododendron which were Lowery, and Martin Luther King III, we simply preserving a valuable story drawn from moved up the hill create a natural would not be where we are today. And while our Nation’s early formative years. screen between the theater and the we have much work to do, we are living the ‘‘Horn in the West’’ was written by parking lot. legacy of the Southern Christian Leadership Dr. Kermit Hunter, an accomplished The ‘‘Horn in the West’’ production Conference everyday. author and playwright who wrote more and the Daniel Boone Theatre are This August will be the 50th anniversary of than 40 other historical productions. priceless pieces of North Carolina and the Southern Christian Leadership Con- Dr. Hunter, who passed away in 2001, American history. They preserve some- ference. The SCLC traces its roots to the was a dedicated spokesman for the thing of our past that in today’s era of Montgomery Bus Boycott of 1955, which genre of the outdoor drama. His drama sound bite and image-obsessed is des- began with the quiet yet courageous efforts of highlights the early freedom-seeking perately needed. They remind us of our one woman: Rosa Parks. I had the privilege of settlers who migrated to the Blue roots in a liberty-loving and free peo- working with Rosa Parks for over 20 years Ridge Mountains in an attempt to es- ple who would give everything they when she agreed to join my staff after I was cape from the tyranny of British rule. held dear for the cause of freedom. elected to Congress in 1964. The Montgomery The story of ‘‘Horn in the West’’ is My hope is that ‘‘Horn in the West’’ Bus Boycott brought together two local min- told through the lens of Dr. Geoffrey continues to dazzle audiences with its isters, Dr. Martin Luther King, Jr., and Ralph Stuart, who came to the Blue Ridge depiction of our shared history. It is a Abernathy, who established the Montgomery with his family to study smallpox. A valuable part of our history and cul- Improvement Association to lead the boycott freedom lover himself, Stuart joined ture, and I wish it many more decades efforts. As the movement to desegregate pub- the band of colonists in opposition to of successful production. lic transportation spread beyond Montgomery the British. ‘‘Horn in the West’’ ushers The SPEAKER pro tempore. Under a County into surrounding States, it was clear the audience into a great moment in previous order of the House, the gen- that the organization needed to expand, both the lead-up to the Revolutionary War in size and in scope. tleman from Illinois (Mr. RUSH) is rec- when this group of patriots suffers de- ognized for 5 minutes. Following the success of the Montgomery feat and capture at the hands of the (Mr. RUSH addressed the House. His Bus Boycott, a group of 60 organizers from 10 British in 1771 at the Battle of remarks will appear hereafter in the States met in Atlanta, Georgia to plan the next Alamance. Extensions of Remarks.) steps. The result was the founding of the Dr. Stuart, a model of the American Southern Leadership Conference on Transpor- spirit to forge ahead in the face of op- f tation and Nonviolent Integration. The organi- position, must rescue his son who is The SPEAKER pro tempore. Under a zation’s title was shortened to its current one of those captured by the British. previous order of the House, the gen- name, the Southern Christian Leadership Con- The story weaves its way through Stu- tleman from North Carolina (Mr. ference during its first convention, held in art’s life, his important intervention JONES) is recognized for 5 minutes. Montgomery in August 1957. Next week, the with the Cherokee tribe, and his part- (Mr. JONES of North Carolina ad- SCLC will be hosting its 49th annual conven- nership with Daniel Boone. ‘‘Horn in dressed the House. His remarks will ap- tion in Atlanta, GA. the West’’ is the story of a man and a pear hereafter in the Extensions of Re- Leading the efforts of the SCLC to end seg- Nation coming to terms with the marks.) regation was Dr. Martin Luther King, Jr., a meaning of liberty and independence in f man I am honored to have been able to call a tumultuous time. The SPEAKER pro tempore. Under a a friend and confidant. In fact, it was Dr. King I am proud to commend the people at previous order of the House, the gentle- that endorsed me for Congress when I first ‘‘Horn in the West’’ for their steadfast woman from the District of Columbia ran and was elected to serve in 1964. Signifi- commitment to bringing this impor- (Ms. NORTON) is recognized for 5 min- cantly, Dr. King personally awarded me with tant time and place to life for audi- utes. the Southern Christian Leadership Conference

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00122 Fmt 7634 Sfmt 9920 E:\CR\FM\K30JY7.242 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8959 Award in 1967. Having walked alongside Dr. tleman from Texas (Mr. AL GREEN) is woman from California (Ms. LEE) is King, a fearless leader who challenged contin- recognized for 5 minutes. recognized for 5 minutes. ued racial segregation and believed that ‘‘op- (Mr. AL GREEN of Texas addressed (Ms. LEE addressed the House. Her pressed people cannot remain oppressed for- the House. His remarks will appear remarks will appear hereafter in the ever,’’ I am committed to continuing the legacy hereafter in the Extensions of Re- Extensions of Remarks.) of Dr. King and the SCLC. marks.) f Under the helm of President Joseph Lowery f The SPEAKER pro tempore. Under a for much of its existence—from 1977 until The SPEAKER pro tempore. Under a previous order of the House, the gentle- 1997, the SCLC advanced Dr. King’s dream previous order of the House, the gen- woman from Ohio (Ms. KAPTUR) is rec- for an America—a society united behind the tleman from Tennessee (Mr. COHEN) is ognized for 5 minutes. banner of equality and freedom. Today, the recognized for 5 minutes. SCLC remains strong under the leadership of (Ms. KAPTUR addressed the House. Dr. Charles Steele, Jr., promoting a number of (Mr. COHEN addressed the House. His Her remarks will appear hereafter in programs in the areas of economic empower- remarks will appear hereafter in the the Extensions of Remarks.) ment, health advocacy, education, and crimi- Extensions of Remarks.) f nal justice. The SCLC has also established f The SPEAKER pro tempore. Under a the Martin Luther King, Jr., Conflict Resolution The SPEAKER pro tempore. Under a previous order of the House, the gen- Center, an international initiative to promote previous order of the House, the gen- tleman from Connecticut (Mr. Dr. King’s principle of nonviolence as a means tleman from New Jersey (Mr. PAYNE) is COURTNEY) is recognized for 5 minutes. to resolving conflicts throughout the world. recognized for 5 minutes. (Mr. COURTNEY addressed the We’ve come a long ways over the last 50 (Mr. PAYNE addressed the House. His House. His remarks will appear here- years, and the work of the SCLC continues to remarks will appear hereafter in the after in the Extensions of Remarks.) be of critical importance. It is to the credit of Extensions of Remarks.) f Dr. King and other leaders of the SCLC that f today the torch of the civil rights movement is SCHIP The SPEAKER pro tempore. Under a carried by many hands. One of those hands is previous order of the House, the gentle- The SPEAKER pro tempore. Under Dr. King’s son, Martin III, who headed the woman from Texas (Ms. JACKSON-LEE) the Speaker’s announced policy of Jan- SCLC from 1997 until 2003 and remains com- is recognized for 5 minutes. uary 18, 2007, the gentleman from mitted to the organization’s vision. So fol- (Ms. JACKSON-LEE of Texas ad- Texas (Mr. BURGESS) is recognized for lowing the lead of Martin III, Joseph Lowery, dressed the House. Her remarks will half the time until midnight as the des- Ralph Abernathy, and of course Dr. King, let appear hereafter in the Extensions of ignee of the minority leader. us continue the work and legacy of the South- Remarks.) Mr. BURGESS. Madam Speaker, I ern Christian Leadership Conference on its come to the floor tonight for what was f 50th anniversary. to be the leadership hour, but the hour f The SPEAKER pro tempore. Under a has gotten so late that this will really The SPEAKER pro tempore. Under a previous order of the House, the gen- only be a few minutes of discussion on previous order of the House, the gen- tleman from Virginia (Mr. SCOTT) is the reauthorization of the State Chil- tleman from Illinois (Mr. DAVIS) is rec- recognized for 5 minutes. dren’s Health Insurance Program, the ognized for 5 minutes. (Mr. SCOTT of Virginia addressed the program known as SCHIP. (Mr. DAVIS of Illinois addressed the House. His remarks will appear here- This program was introduced 10 years House. His remarks will appear here- after in the Extensions of Remarks.) ago by a Republican House of Rep- after in the Extensions of Remarks.) f resentatives. It was a bipartisan plan f The SPEAKER pro tempore. Under a to help low-income children to have The SPEAKER pro tempore. Under a previous order of the House, the gen- health care coverage. This program previous order of the House, the gentle- tleman from New Jersey (Mr. ROTH- was to be reauthorized in 10 years’ woman from Michigan (Ms. KIL- MAN) is recognized for 5 minutes. time. That 10 years is up on September PATRICK) is recognized for 5 minutes. (Mr. ROTHMAN addressed the House. 30, 2 months from tonight. (Ms. KILPATRICK addressed the His remarks will appear hereafter in We all agree, on both sides of the House. Her remarks will appear here- the Extensions of Remarks.) aisle, that we want to make sure chil- after in the Extensions of Remarks.) f dren of low-income families have the f The SPEAKER pro tempore. Under a health care coverage that they need. The SPEAKER pro tempore. Under a previous order of the House, the gentle- But, Madam Speaker, we are also anx- previous order of the House, the gen- woman from California (Ms. WOOLSEY) ious to be certain that we don’t do so tleman from Georgia (Mr. LEWIS) is is recognized for 5 minutes. at the expense of senior citizens on recognized for 5 minutes. (Ms. WOOLSEY addressed the House. Medicare. We would like to make sure (Mr. LEWIS of Georgia addressed the Her remarks will appear hereafter in we don’t raise taxes to do this. And a House. His remarks will appear here- the Extensions of Remarks.) lot of us are concerned about perma- after in the Extensions of Remarks.) f nently expanding yet another entitle- f The SPEAKER pro tempore. Under a ment program. Anyone who reads the The SPEAKER pro tempore. Under a previous order of the House, the gen- newspaper today knows that we al- previous order of the House, the gen- ready have trouble with the entitle- tleman from Oregon (Mr. DEFAZIO) is tleman from New York (Mr. TOWNS) is recognized for 5 minutes. ment programs that are already there. recognized for 5 minutes. The problems with the bill that has (Mr. DEFAZIO addressed the House. (Mr. TOWNS addressed the House. been introduced by the Democrats that His remarks will appear hereafter in His remarks will appear hereafter in the Extensions of Remarks.) we had read in our committee last the Extensions of Remarks.) week: the Democratic bill reauthorizes f f the SCHIP program as a permanent en- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a titlement, $159 billion over 10 years. previous order of the House, the gen- previous order of the House, the gentle- One of the biggest problems is there is tleman from North Carolina (Mr. woman from New York (Mrs. MCCAR- no income limit for SCHIP eligibility. BUTTERFIELD) is recognized for 5 min- THY) is recognized for 5 minutes. Current SCHIP guidelines are for fami- utes. (Mrs. MCCARTHY of New York ad- lies at or below 200 percent of the Fed- (Mr. BUTTERFIELD addressed the dressed the House. Her remarks will eral poverty limit. Some States go House. His remarks will appear here- appear hereafter in the Extensions of higher than that. But, Madam Speaker, after in the Extensions of Remarks.) Remarks.) look what happens when you go to f f these higher levels: The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a The current authorization, again, is previous order of the House, the gen- previous order of the House, the gentle- for 200 percent of the Federal poverty

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.227 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8960 CONGRESSIONAL RECORD — HOUSE July 30, 2007 limit; 50 percent of those children actu- delivered to us, the committee print of Once again, we need to reaffirm that ally already are covered under a pri- the bill. the SCHIP program was designed for vate insurance or Medicaid. As you go We weren’t allowed to do that on the children who were in need, not for chil- to successively higher income limits, SCHIP bill. The subcommittee legisla- dren who had access to health care cov- between 300 and 400 percent of poverty, tive markup was completely elimi- erage by other means. The Barton-Deal nearly nine out of ten children are al- nated. We just bypassed it. We didn’t plan does allow for some individual ready covered on a private insurance even do it. The committee print was choice in health care and really, once plan or Medicaid. The SCHIP program, dropped on the minority members of again, reaffirms that the ‘‘C’’ in SCHIP by expanding it to these levels, will the committee some 24 hours before we stands for children. And, indeed, that is crowd these individuals out of private had the legislative markup in full com- as it should be. insurance and drive them onto govern- mittee. There was no time to evaluate I also want to draw Members’ atten- ment-subsidized health care. I would this nearly 500-page bill that had tion to the fact that in the Democratic ask you if that is the best expenditure many, many new provisions in it. And bill they do attempt to deal with the of our Federal health care dollar. as a consequence, many of those on my physician payment cuts that many The open-ended Federal funding in side of the aisle felt it was inappro- doctors are going to see. The way they the program proposed by the Demo- priate to deal with such a large trans- have gone about this, though, I believe crats allows States to go over their formational piece of legislation in such is a flawed process. A much better budget. It shifts children participating a short time interval. process is one that has been put forth in private insurance to government in- Now, it is important to note that in H.R. 2585, which would actually be a surance. A child is now defined as an there is a Republican alternative out repeal of what is called the SGR for- individual up to 25 years of age, and, there. It is called the Barton-Deal mula. That is the thing that has been once again, adults are covered under SCHIP reauthorization, and I think bedeviling physicians for years and this plan, which really has been one of this is a balanced approach to actually years, certainly since I first came to the failings of the previous SCHIP au- getting back to the original intent of Congress. This is good legislation that thorization. what the State Children’s Health In- should be looked at. If a Member is A big problem is cutting Medicare surance Program was, in fact, to be: a concerned about being able to provide Advantage plans by $157 billion, deny- program for low-income children. The or postpone or eliminate those provider ing seniors access to plans that have original intent was to cover those chil- cuts that are going to happen to physi- dren whose parents made too much for enjoyed widespread popularity in areas cians in future years, I don’t think the them to be covered under Medicaid, but where they have been introduced. It SCHIP bill gets you there. I don’t not enough to be on private health in- cuts Medicare provider payments, re- think it takes you far enough to where surance. That gap between 150 percent duces inpatient hospital payments, you want to be. Indeed, there are exclu- of poverty and 200 percent of poverty cuts skilled nursing facilities and home sions for 2008 and 2009, but what hap- was identified as the level at which health care, and reduces payments for pens after 2010? You basically fall off a SCHIP benefits really would have the imaging and oxygen or mobility de- cliff again. And that is the problem we maximum impact. vices. have had year in and year out with It does increase taxes. It creates an And in the Barton-Deal reauthoriza- tion legislation, it allows States to doing these 1- or 2-year fixes on physi- entirely new tax, one that has yet to be cian reimbursement. H.R. 2585 is a scored by the Congressional Budget Of- continue that program, but after a State covers at least 90 percent of the much more sensible way to go about fice on all private health insurance this because it actually puts you on a plans, an assessment, if you will, on children that should be covered, they can then expand that coverage up to trajectory for repeal of the SGR and private health insurance plans. It in- getting out from underneath the tyr- creases taxpayer liability for immi- 250 percent of the Federal poverty level. The Federal poverty level for a anny of that SGR formula once and for grants and illegal aliens. It eliminates family of four would be about $41,000 all. the 5-year waiting period for people per year at the 200 percent of poverty. And, again, one of the other final who are in this country legally to par- At 250 percent of poverty, it is about things I would mention is that there is ticipate in Medicaid and CHIP. Wisely, $51,000 or $52,000 a year for a family of nothing in this SCHIP bill that makes a moratorium for 5 years was placed on four. any impact on one of the fundamental SCHIP and Medicaid so that people The SPEAKER pro tempore. The problems we have in the practice of would not seek to come to this country time of the gentleman from Texas has medicine today, and that is dealing simply to participate in the welfare expired. with the liability crisis that we have state but would come because they Mr. BURGESS. Madam Speaker, I had in this country and that we still wanted to be good citizens and be ask is there anyone to claim time? have in this country. My home State of workers and produce in this country. The SPEAKER pro tempore. There Texas has made significant strides to- More pernicious, in my opinion, is al- being no Democrats here, the gen- wards sensible, commonsense liability lowing illegal aliens to receive Med- tleman from Texas is recognized for reform. I was hoping we could see lan- icaid and SCHIP by weakening citizen the remaining time until midnight. guage incorporated via the amendment verification standards. Mr. BURGESS. Madam Speaker, process in the SCHIP reauthorization, A net cost of $76 billion over 10 years under the Barton-Deal plan, new en- but apparently that is not to be, either. certainly flies in the face of fiscal re- rollees would be strictly limited to Madam Speaker, I know it has been a sponsibility. And, more importantly, it services provided to children and preg- long day on the floor of the House. I repeals the trigger that was put in the nant women with household incomes appreciate the indulgence of the Chair Medicare Modernization Act 3 years under 200 percent of the Federal pov- in allowing me the extra time. ago that would require the President erty level. And, again, when those f and the Congress to reaffirm if Medi- States can demonstrate that they are care expenditures went above a certain covering the 90 percent of the kids in OMISSION FROM THE CONGRES- amendment. the bracket, then they could expand to SIONAL RECORD OF THURSDAY, Madam Speaker, there is a right way the 250 percent of poverty level. JULY 26, 2007 AT PAGE H8701 to do this, and I don’t want to get too Under the Barton-Deal plan, it does bogged down in process because the require citizenship to be verified. Many time available to me is very short, but people in my district, certainly many FARM, NUTRITION, AND recently we underwent an FDA reau- people across the country, feel very BIOENERGY ACT OF 2007—Continued thorization bill in my committee, the strongly about this position, and I have The CHAIRMAN. Pursuant to the Committee on Energy and Commerce. heard from constituents even just this rule, the amendment in the nature of a It went through subcommittee. It went morning in a community coffee in a substitute printed in the bill, modified through full committee. And at the end small town in north Texas. This was by the amendments printed in part A of the day, we had a bill that was much something that people were very vocal of House Report 110–261, is adopted. The better than the bill that was originally about it. bill, as amended, shall be considered as

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.266 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8961 an original bill for the purpose of fur- Sec. 1506. Personal liability of producers for de- Sec. 3009. Representation by the United States ther amendment under the 5-minute ficiencies. at international standard-setting rule and shall be considered read. Sec. 1507. Extension of existing administrative bodies. The text of the bill is as follows: authority regarding loans. Sec. 3010. Foreign market development coop- Sec. 1508. Assignment of payments. erator program. H.R. 2419 Sec. 1509. Tracking of benefits. Sec. 3011. Emerging markets. Be it enacted by the Senate and House of Sec. 1510. Upland cotton storage payments. Sec. 3012. Export Enhancement Program. Representatives of the United States of America Sec. 1511. Government publication of cotton Sec. 3013. Minimum level of nonemergency food in Congress assembled, price forecasts. assistance. SECTION 1. SHORT TITLE AND TABLE OF CON- TITLE II—CONSERVATION Sec. 3014. Germplasm conservation. TENTS. Subtitle A—Conservation Programs of the Food TITLE IV—NUTRITION PROGRAMS (a) SHORT TITLE.—This Act may be cited as Security Act of 1985 Subtitle A—Food Stamp Program the ‘‘Farm, Nutrition, and Bioenergy Act of Sec. 2101. Conservation reserve program. 2007’’. Sec. 4001. Renaming the food stamp program. Sec. 2102. Wetlands reserve program. (b) TABLE OF CONTENTS.—The table of con- Sec. 4002. Definition of drug addiction or alco- Sec. 2103. Conservation security program. tents for this Act is as follows: holic treatment and rehabilitation Sec. 2104. Grassland reserve program. Sec. 1. Short title and table of contents. program. Sec. 2105. Environmental quality incentives Sec. 4003. Nutrition education. TITLE I—COMMODITY PROGRAMS program. Sec. 4004. Food distribution on Indian reserva- Sec. 1001. Definitions. Sec. 2106. Regional water enhancement pro- tions. Subtitle A—Direct Payments and Counter- gram. Sec. 4005. Deobligate food stamp coupons. Cyclical Payments Sec. 2107. Grassroots source water protection Sec. 4006. Allow for the accrual of benefits. program. Sec. 1101. Adjustments to base acres. Sec. 4007. State option for telephonic signature. Sec. 2108. Conservation of private grazing land. Sec. 1102. Availability of direct payments. Sec. 4008. Review of major changes in program Sec. 2109. Great Lakes basin program for soil Sec. 1103. Availability of counter-cyclical pay- design. erosion and sediment control. ments. Sec. 4009. Grants for simple application and eli- Sec. 2110. Farm and ranchland protection pro- Sec. 1104. Availability of revenue-based gibility determination systems and gram. counter-cyclical payments. improved access to benefits. Sec. 2111. Farm viability program. Sec. 1105. Producer agreement required as con- Sec. 4010. Civil money penalties and disquali- Sec. 2112. Wildlife habitat incentive program. dition of provision of direct pay- fication of retail food stores and ments and counter-cyclical pay- Subtitle B—Conservation Programs Under Other wholesale food concerns. ments. Laws Sec. 4011. Major systems failures. Sec. 1106. Planting flexibility. Sec. 2201. Agricultural management assistance Sec. 4012. Funding of employment and training Sec. 1107. Period of effectiveness. program. programs. Subtitle B—Marketing Assistance Loans and Sec. 2202. Resource Conservation and Develop- Sec. 4013. Reductions in payments for adminis- Loan Deficiency Payments ment Program. trative costs. Sec. 2203. Small watershed rehabilitation pro- Sec. 4014. Cash payment pilot projects. Sec. 1201. Availability of nonrecourse marketing gram. Sec. 4015. Findings of Congress regarding Se- assistance loans for loan commod- Subtitle C—Additional Conservation Programs cure Supplemental Nutrition As- ities. sistance program nutrition edu- Sec. 1202. Loan rates for nonrecourse marketing Sec. 2301. Chesapeake Bay program for nutrient cation. assistance loans. reduction and sediment control. Sec. 4016. Nutrition education and promotion Sec. 1203. Term of loans. Sec. 2302. Voluntary public access and habitat initiative to address obesity. Sec. 1204. Repayment of loans. incentive program. Sec. 4017. Authorization of appropriations. Sec. 1205. Loan deficiency payments. Subtitle D—Administration and Funding Sec. 4018. Consolidated block grants for Puerto Sec. 1206. Payments in lieu of loan deficiency Sec. 2401. Funding of conservation programs Rico and American Samoa. payments for grazed acreage. under Food Security Act of 1985. Sec. 4019. Study on comparable access to Secure Sec. 1207. Special marketing loan provisions for Sec. 2402. Improved provision of technical as- Supplemental Nutrition Assist- upland cotton. sistance under conservation pro- ance Program benefits for Puerto Sec. 1208. Special competitive provisions for grams. Rico. extra long staple cotton. Sec. 2403. Cooperative conservation partnership Sec. 4020. Reauthorization of community food Sec. 1209. Availability of recourse loans for initiative. project competitive grants. high moisture feed grains and Sec. 2404. Regional equity and flexibility. Sec. 4021. Emergency food assistance. seed cotton. Sec. 2405. Administrative requirements for con- Sec. 1210. Deadline for repayment of marketing Subtitle B—Commodity Distribution servation programs. assistance loan for peanuts. Sec. 4201. Authorization of appropriations. Sec. 2406. Annual report on participation by Sec. 1211. Commodity quality incentive pay- Sec. 4202. Distribution of surplus commodities; specialty crop producers in con- ments for healthy oilseeds. special nutrition projects. servation programs. Subtitle C—Sugar Sec. 2407. Promotion of market-based ap- Sec. 4203. Commodity distribution program. Sec. 1301. Sugar program. proaches to conservation. Subtitle C—Child Nutrition and Related Sec. 1302. United States membership in the Sec. 2408. Establishment of State technical com- Programs international sugar organization. mittees and their responsibilities. Sec. 4301. Purchase of fresh fruits and vegeta- Sec. 1303. Flexible marketing allotments for Sec. 2409. Payment limitations. bles for distribution to schools sugar. Subtitle E—Miscellaneous Provisions and service institutions. Subtitle D—Dairy-Related Provisions Sec. 2501. Inclusion of income from affiliated Sec. 4302. Buy American requirements. Sec. 1401. Dairy product price support program. packing and handling operations Sec. 4303. Expansion of fresh fruit and vege- Sec. 1402. Dairy forward pricing program. as income derived from farming table program. Sec. 1403. Dairy export incentive program. for application of adjusted gross Sec. 4304. Purchases of locally produced foods. Sec. 1404. Revision of Federal marketing order income limitation on eligibility for Subtitle D—Miscellaneous amendment procedures. conservation programs. Sec. 4401. Seniors farmers’ market nutrition Sec. 1405. Dairy indemnity program. Sec. 2502. Encouragement of voluntary sustain- program. Sec. 1406. Extension of milk income loss con- ability practices guidelines. Sec. 4402. Congressional Hunger Center. tract program. Sec. 2503. Farmland resource information. Sec. 4403. Joint nutrition monitoring and re- Sec. 1407. Dairy promotion and research pro- TITLE III—TRADE lated research activities. gram. Sec. 3001. Agricultural Trade Development and TITLE V—CREDIT Sec. 1408. Report on Department of Agriculture Assistance Act of 1954. reporting procedures for nonfat Subtitle A—Farm Ownership Loans Sec. 3002. Export credit guarantee program. dry milk. Sec. 5001. Conservation loan guarantee pro- Sec. 3003. Market access program. Sec. 1409. Federal Milk Marketing Order Re- gram. Sec. 3004. Food for Progress Act of 1985. view Commission. Sec. 5002. Limitations on amount of ownership Sec. 3005. McGovern-Dole International Food loans. Subtitle E—Administration for Education and Child Nutrition Sec. 5003. Down payment loan program. Sec. 1501. Administration generally. program. Sec. 5004. Beginning farmer and rancher con- Sec. 1502. Suspension of permanent price sup- Sec. 3006. Bill Emerson Humanitarian Trust. tract land sales program. port authority. Sec. 3007. Technical assistance for specialty Sec. 1503. Payment Limitations. crops. Subtitle B—Operating Loans Sec. 1504. Adjusted gross income limitation. Sec. 3008. Technical assistance for the resolu- Sec. 5011. Limitations on amount of operating Sec. 1505. Adjustments of loans. tion of trade disputes. loans.

VerDate Aug 31 2005 03:32 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00125 Fmt 7634 Sfmt 6343 E:\CR\FM\A30JY7.018 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8962 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Sec. 5012. Suspension of limitation on period for Sec. 6028. Assistance for rural public television Sec. 7224. Competitive grants for international which borrowers are eligible for stations. agricultural science and edu- guaranteed assistance. Sec. 6029. Telemedicine and distance learning cation programs. Subtitle C—Administrative Provisions services in rural areas. Sec. 7225. Limitation on indirect costs for agri- Sec. 6030. Guarantees for bonds and notes cultural research, education, and Sec. 5021. Inventory sales preferences. issued for electrification or tele- extension programs. Sec. 5022. Loan fund set-asides. phone purposes. Sec. 7226. Research equipment grants. Sec. 5023. Transition to private commercial or Sec. 6031. Comprehensive rural broadband Sec. 7227. University research. other sources of credit. Sec. 7228. Extension service. Sec. 5024. Extension of the right of first refusal strategy. Sec. 7229. Supplemental and alternative crops. to reacquire homestead property Sec. 6032. Study of railroad issues. TITLE VII—RESEARCH Sec. 7230. Aquaculture research facilities. to immediate family members of Sec. 7231. Rangeland research. borrower-owner. Subtitle A—General Provisions Sec. 7232. Special authorization for biosecurity Sec. 5025. Rural development and farm loan Sec. 7101. Definitions. planning and response. program activities. Sec. 7102. Budget submission and funding. Sec. 7233. Resident instruction and distance Subtitle D—Farm Credit Sec. 7103. Additional purposes of agricultural education grants program for in- Sec. 5031. Agribusiness loan eligibility. research and extension. sular area institutions of higher Sec. 5032. Loan-to-asset value requirements. Sec. 7104. National agricultural research pro- education. Sec. 5033. Population limit for single-family gram office. Subtitle C—Food, Agriculture, Conservation, housing loans. Sec. 7105. Establishment of competitive grant and Trade Act of 1990 programs under the National In- Sec. 5034. Bank for cooperatives voting stock. Sec. 7301. National genetics resources program. stitute for Food and Agriculture. Sec. 5035. Majority farmer control requirement. Sec. 7302. National agricultural weather infor- Sec. 7106. Merging of IFAFS and NRI. Sec. 5036. Borrower stock requirement. mation system. Sec. 5037. Rural utility loans. Sec. 7107. Capacity building grants for Sec. 7303. Partnerships. Sec. 5038. Farm Credit System Insurance Cor- ASCARR institutions. Sec. 7304. Aflatoxin research and extension. poration. Sec. 7108. Establishment of research labora- Sec. 7305. High-priority research and extension Sec. 5039. Risk-based capital levels. tories for animal diseases. areas. Sec. 5040. Loans to purchasers of highly Sec. 7109. Grazinglands research laboratory. Sec. 7306. High-priority research and extension fractioned lands. Sec. 7110. Researcher training. initiatives. TITLE VI—RURAL DEVELOPMENT Sec. 7111. Fort Reno Science Park research fa- Sec. 7307. Nutrient management research and cility. Sec. 6001. Definition of rural. extension initiative. Sec. 7112. Assessing the nutritional composition Sec. 6002. Water, waste disposal, and waste- Sec. 7308. Agricultural telecommunications pro- of beef products. water facility grants. gram. Sec. 7113. Sense of Congress regarding funding Sec. 6003. Rural business opportunity grants. Sec. 7309. Assistive technology program for for human nutrition research. Sec. 6004. Rural water and wastewater circuit farmers with disabilities. rider program. Subtitle B—National Agricultural Research, Sec. 7310. Organic research. Sec. 6005. Tribal college and university essen- Extension, and Teaching Policy Act of 1977 Sec. 7311. National rural information center tial community facilities. Sec. 7201. Advisory board. clearinghouse. Sec. 6006. Emergency and imminent community Sec. 7202. Advisory board termination. Sec. 7312. New era rural technology program. water assistance grant program. Sec. 7203. Renewable energy committee. Subtitle D—Agricultural Research, Extension, Sec. 6007. Water systems for rural and native Sec. 7204. Specialty crop committee report. and Education Reform Act of 1998 villages in Alaska. Sec. 7205. Inclusion of UDC in grants and fel- Sec. 7401. Partnerships for high-value agricul- Sec. 6008. Grants to nonprofit organizations to lowships for food and agricultural tural product quality research. finance the construction, refur- sciences education. Sec. 7402. Precision agriculture. bishing, and servicing of individ- Sec. 7206. Grants and fellowships for food and Sec. 7403. Biobased products. ually-owned household water well agricultural sciences education. Sec. 7404. Thomas Jefferson initiative for crop systems in rural areas for individ- Sec. 7207. Grants for research on production diversification. uals with low or moderate in- and marketing of alcohols and in- Sec. 7405. Integrated research, education, and comes. dustrial hydrocarbons from agri- extension competitive grants pro- Sec. 6009. Rural cooperative development cultural commodities and forest gram. grants. products. Sec. 7406. Fusarium graminearum grants. Sec. 6010. Criteria to be applied in providing Sec. 7208. Policy research centers. Sec. 7407. Bovine Johne’s disease control pro- loans and loan guarantees under Sec. 7209. Human nutrition intervention and gram. the business and industry loan health promotion research pro- Sec. 7408. Grants for youth organizations. program. gram. Sec. 7409. Agricultural biotechnology research Sec. 6011. Appropriate technology transfer for Sec. 7210. Pilot research program to combine and development for developing rural areas program. medical and agricultural research. countries. Sec. 6012. Grants to improve technical infra- Sec. 7211. Nutrition education program. Sec. 7410. Agricultural bioenergy and biobased structure and improve quality of Sec. 7212. Continuing animal health and dis- products research initiative. rural health care facilities. ease research programs. Sec. 7411. Specialty crop research initiative. Sec. 6013. Rural entrepreneur and microenter- Sec. 7213. Cooperation among eligible institu- Sec. 7412. Office of pest management policy. prise assistance program. tions. Subtitle E—Other Laws Sec. 6014. Criteria to be applied in considering Sec. 7214. Appropriations for research on na- Sec. 7501. Critical agricultural materials act. applications for rural develop- tional or regional problems. Sec. 7502. Equity in Educational Land-Grant ment projects. Sec. 7215. Authorization level of extension at Status Act of 1994. Sec. 6015. National sheep industry improvement 1890 land-grant colleges. Sec. 7503. Agricultural experiment station Re- center. Sec. 7216. Authorization level for agricultural search Facilities Act. Sec. 6016. National rural development partner- research at 1890 land-grant col- Sec. 7504. National Agricultural Research, Ex- ship. leges. tension, and Teaching Policy Act Sec. 6017. Historic barn preservation. Sec. 7217. Grants to upgrade agriculture and Amendments of 1985. Sec. 6018. Grants for NOAA weather radio food sciences facilities at the Dis- Sec. 7505. Competitive, Special, and Facilities transmitters. trict of Columbia Land Grant Research Grant Act (national re- Sec. 6019. Delta regional authority. University. search initiative). Sec. 6020. Northern great plains regional au- Sec. 7218. Grants to upgrade agricultural and Sec. 7506. Agricultural Risk Protection Act of thority. food sciences facilities at 1890 2000 (carbon cycle research). Sec. 6021. Rural strategic investment program. land-grant colleges, including Sec. 7507. Renewable Resources Extension Act Sec. 6022. Expansion of 911 access. Tuskegee University. of 1978. Sec. 6023. Access to broadband telecommuni- Sec. 7219. National research and training vir- Sec. 7508. National Aquaculture Act of 1980. cations services in rural areas. tual centers. Sec. 7509. Construction of a Chinese Garden at Sec. 6024. Community connect grant program. Sec. 7220. Matching funds requirement for re- the National Arboretum. Sec. 6025. Agriculture innovation center dem- search and extension activities of Sec. 7510. Public education regarding use of onstration program. 1890 institutions. biotechnology in producing food Sec. 6026. Rural firefighters and emergency Sec. 7221. Hispanic-serving institutions. for human consumption. medical service assistance pro- Sec. 7222. Hispanic-serving agricultural colleges Sec. 7511. Fresh cut produce safety grants. gram. and universities. Sec. 7512. UDC/EFNEP Eligibility. Sec. 6027. Value-added agricultural market de- Sec. 7223. International agricultural research, Sec. 7513. Smith-Lever Act. velopment program. extension, and education. Sec. 7514. Hatch Act of 1987.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00126 Fmt 7634 Sfmt 6343 E:\CR\FM\A30JY7.004 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8963 Subtitle F—Additional Provisions Subtitle B—Horticulture Provisions Sec. 11106. Sense of Congress regarding the vol- Sec. 7601. Merit review of extension and edu- Sec. 10101. Tree assistance program. untary control program for low cational grants. Sec. 10102. Specialty crop block grants. pathogenic avian influenza. Sec. 7602. Review of plan of work requirements. Sec. 10103. Additional section 32 funds for pur- Sec. 11107. Sense of Congress regarding the cat- Sec. 7603. Multistate and integration funding. chase of fruits, vegetables, and tle fever tick eradication program. Sec. 7604. Expanded food and nutrition edu- nuts to support domestic nutrition Subtitle C—Socially Disadvantaged Producers cation program. assistance programs. and Limited Resource Producers Sec. 7605. Grants to 1890 schools to expand ex- Sec. 10104. Independent evaluation of Depart- Sec. 11201. Outreach and technical assistance tension capacity. ment of Agriculture commodity Sec. 7606. Borlaug international agricultural for socially disadvantaged farmers purchase process. and ranchers and limited resource science and technology fellowship Sec. 10105. Quality requirements for program. farmers and ranchers. clementines. Sec. 11202. Improved program delivery by De- Sec. 7607. Support for research regarding dis- Sec. 10106. Implementation of food safety pro- eases of wheat, triticale, and bar- partment of Agriculture on Indian grams under marketing orders. reservations. ley caused by fusarium Sec. 10107. Inclusion of specialty crops in cen- graminearum or by tilletia indica. Sec. 11203. Transparency and accountability sus of agriculture. for socially disadvantaged farmers Sec. 7608. Cost Recovery. Sec. 10108. Maturity requirements for Hass avo- Sec. 7609. Organic Food and Agricultural Sys- and ranchers. cados. tems Funding. Sec. 11204. Beginning farmer and rancher de- Sec. 10109. Mushroom promotion, research, and velopment program. TITLE VIII—FORESTRY consumer information. Sec. 11205. Provision of receipt for service or de- Subtitle A—Cooperative Forestry Assistance Act Sec. 10110. Fresh produce education initiative. nial of service. of 1978 Subtitle C—Pest and Disease Management Sec. 11206. Tracking of socially disadvantaged Sec. 8001. National priorities for private forest Sec. 10201. Pest and disease program. farmers and ranchers and limited conservation. Sec. 10202. Multi-species fruit fly research and resource farmers and ranchers in Sec. 8002. Long-term, State-wide assessments sterile fly production. Census of Agriculture and certain and strategies for forest resources. studies. Subtitle D—Organic Agriculture Sec. 8003. Assistance to the Federated States of Sec. 11207. Farmworker coordinator. Micronesia, the Republic of the Sec. 10301. National organic certification cost- Sec. 11208. Office of Outreach relocation. Marshall Islands, and the Repub- share program. Sec. 11209. Minority farmer advisory committee. lic of Palau. Sec. 10302. Organic production and market Sec. 11210. Coordinator for chronically under- Sec. 8004. Changes to Forest Resource Coordi- data. served rural areas. Sec. 10303. Organic conversion, technical, and nating Committee. Subtitle D—Other Miscellaneous Provisions Sec. 8005. Changes to State Forest Stewardship educational assistance. Sec. 11301. Designation of separate cotton-pro- Coordinating Committees. Subtitle E—Miscellaneous Provisions Sec. 8006. Competition in programs under Coop- ducing States under Cotton Re- Sec. 10401. Restoration of import and entry ag- erative Forestry Assistance Act of search and Promotion Act. ricultural inspection functions to 1978. Sec. 11302. Cotton classification services. the Department of Agriculture. Sec. 8007. Cooperative forest innovation part- Sec. 11303. Availability of excess and surplus Sec. 10402. Grant program to improve movement nership projects. computers in rural areas. of specialty crops. Sec. 11304. Permanent debarment from partici- Subtitle B—Amendments to Other Laws Sec. 10403. Authorization of appropriations for pation in Department of Agri- Sec. 8101. Healthy forest reserve program. market news activities regarding culture programs for fraud. Sec. 8102. Emergency forest restoration pro- specialty crops. Sec. 11305. No discrimination against use of reg- gram. Sec. 10404. Farmers’ market promotion program. istered pesticide products or class- Sec. 8103. Office of International Forestry. Sec. 10405. National Clean Plant Network. es of pesticide products. Sec. 8104. Rural revitalization technologies. TITLE XI—MISCELLANEOUS PROVISIONS Sec. 11306. Prohibition on closure or relocation Subtitle C—Miscellaneous Provisions Subtitle A—Federal Crop Insurance of county offices for the Farm Sec. 8201. Hispanic-serving institution agricul- Service Agency, Rural Develop- tural land national resources Sec. 11001. Availability of supplemental crop in- ment Agency, and Natural Re- leadership program. surance based on area yield and sources Conservation Service. loss plan of insurance or area rev- TITLE IX—ENERGY Sec. 11308. Regulation of exports of plants, enue plan of insurance. Sec. 9001. Table of contents. plant products, biological control Sec. 11002. Premiums and reinsurance require- organisms, and noxious weeds. Sec. 9002. Federal procurement of biobased ments. products. Sec. 11309. Grants to reduce production of Sec. 11003. Catastrophic risk protection admin- methamphetamines from anhy- Sec. 9003. Loan guarantees for biorefineries and istrative fee. biofuel production plants. drous ammonia. Sec. 11004. Funding for reimbursements, con- Sec. 11310. USDA Graduate School. Sec. 9004. Energy audit and renewable energy tracting, risk management edu- TITLE I—COMMODITY PROGRAMS development program. cation, and information tech- Sec. 9005. Renewable energy systems and en- nology. Sec. 1001. Definitions. ergy efficiency improvements. Sec. 11005. Reimbursement of research and de- Subtitle A—Direct Payments and Counter- Sec. 9006. Biomass Research and Development velopment costs related to new Cyclical Payments Act of 2000. Sec. 9007. Adjustments to the bioenergy pro- crop insurance products. Sec. 1101. Adjustments to base acres. gram. Sec. 11006. Research and development contracts Sec. 1102. Availability of direct payments. Sec. 9008. Research, extension, and educational for organic production coverage Sec. 1103. Availability of counter-cyclical pay- programs on biobased energy improvements. ments. technologies and products. Sec. 11007. Targeting risk management edu- Sec. 1104. Availability of revenue-based Sec. 9009. Energy Council of the Department of cation for beginning farmers and counter-cyclical payments. Agriculture. ranchers and certain other farm- Sec. 1105. Producer agreement required as con- Sec. 9010. Farm energy production pilot pro- ers and ranchers. dition of provision of direct pay- gram. Sec. 11008. Crop insurance ineligibility related ments and counter-cyclical pay- Sec. 9011. Rural energy self-sufficiency initia- to crop production on noncrop- ments. tive. land. Sec. 1106. Planting flexibility. Sec. 9012. Agricultural biofuels from biomass in- Sec. 11009. Funds for data mining. Sec. 1107. Period of effectiveness. ternship pilot program. Sec. 11010. Noninsured crop assistance program. Subtitle B—Marketing Assistance Loans and Sec. 9013. Feedstock flexibility program for bio- Sec. 11011. Change in due date for Corporation Loan Deficiency Payments energy producers. payments for underwriting gains. Sec. 1201. Availability of nonrecourse marketing Sec. 9014. Dedicated ethanol pipeline feasibility Sec. 11012. Sesame insurance pilot program. assistance loans for loan commod- studies. Subtitle B—Livestock and Poultry Sec. 9015. Biomass inventory report. ities. Sec. 11101. Sense of Congress regarding Sec. 9016. Future farmsteads program. Sec. 1202. Loan rates for nonrecourse marketing Sec. 9017. Sense of Congress on renewable en- pseudorabies eradication program. assistance loans. ergy. Sec. 11102. Arbitration of livestock and poultry Sec. 1203. Term of loans. contracts. Sec. 1204. Repayment of loans. TITLE X—HORTICULTURE AND ORGANIC Sec. 11103. State-inspected meat and poultry. Sec. 1205. Loan deficiency payments. AGRICULTURE Sec. 11104. Country of origin labeling. Sec. 1206. Payments in lieu of loan deficiency Subtitle A—Honey and Bees Sec. 11105. Sense of Congress regarding State payments for grazed acreage. Sec. 10001. Annual report on response to honey inspected meat and poultry prod- Sec. 1207. Special marketing loan provisions for bee colony collapse disorder. ucts. upland cotton.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00127 Fmt 7634 Sfmt 6343 E:\CR\FM\A30JY7.004 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8964 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Sec. 1208. Special competitive provisions for Secretary under section 1103 to determine premiums for comparable international qualities extra long staple cotton. whether counter-cyclical payments are required delivered C/F Far East. Sec. 1209. Availability of recourse loans for to be made for that crop year under that sec- Subtitle A—Direct Payments and Counter- high moisture feed grains and tion. Cyclical Payments seed cotton. (8) EXTRA LONG STAPLE COTTON.—The term Sec. 1210. Deadline for repayment of marketing ‘‘extra long staple cotton’’ means cotton that— SEC. 1101. ADJUSTMENTS TO BASE ACRES. assistance loan for peanuts. (A) is produced from pure strain varieties of (a) TREATMENT OF CONSERVATION RESERVE Sec. 1211. Commodity quality incentive pay- the Barbadense species or any hybrid of the spe- CONTRACT ACREAGE.— ments for healthy oilseeds. cies, or other similar types of extra long staple (1) IN GENERAL.—The Secretary shall provide for an adjustment, as appropriate, in the base Subtitle C—Sugar cotton, designated by the Secretary, having characteristics needed for various end uses for acres for covered commodities for a farm when- Sec. 1301. Sugar program. which United States upland cotton is not suit- ever either of the following circumstances oc- Sec. 1302. United States membership in the able and grown in irrigated cotton-growing re- curs: international sugar organization. gions of the United States designated by the (A) A conservation reserve contract entered Sec. 1303. Flexible marketing allotments for Secretary or other areas designated by the Sec- into under section 1231 of the Food Security Act sugar. retary as suitable for the production of the vari- of 1985 (16 U.S.C. 3831) with respect to the farm Subtitle D—Dairy-Related Provisions eties or types; and expires or is voluntarily terminated. Sec. 1401. Dairy product price support program. (B) is ginned on a roller-type gin or, if au- (B) Cropland is released from coverage under Sec. 1402. Dairy forward pricing program. thorized by the Secretary, ginned on another a conservation reserve contract by the Sec- Sec. 1403. Dairy export incentive program. type gin for experimental purposes. retary. Sec. 1404. Revision of Federal marketing order (9) FAR EAST PRICE.—The term ‘‘Far East (2) SPECIAL PAYMENT RULES.—For the crop amendment procedures. price’’ means the Friday through Thursday av- year in which a base acres adjustment under Sec. 1405. Dairy indemnity program. erage price quotation for the three lowest-priced paragraph (1) is first made, the owner of the Sec. 1406. Extension of milk income loss con- growths of upland cotton, as quoted for Mid- farm shall elect to receive either direct payments and counter-cyclical payments with respect to tract program. dling (M) 13⁄32-inch cotton, delivered C/F Far Sec. 1407. Dairy promotion and research pro- East. the acreage added to the farm under this sub- gram. (10) LOAN COMMODITY.—The term ‘‘loan com- section or a prorated payment under the con- Sec. 1408. Report on Department of Agriculture modity’’ means wheat, corn, grain sorghum, servation reserve contract, but not both. reporting procedures for nonfat feed barley, malt barley, oats, upland cotton, (b) PREVENTION OF EXCESS BASE ACRES.— dry milk. extra long staple cotton, long grain rice, medium (1) REQUIRED REDUCTION.—If the sum of the Sec. 1409. Federal Milk Marketing Order Re- grain rice, short grain rice, soybeans, peanuts, base acres for a farm, together with the acreage view Commission. other oilseeds, wool, mohair, honey, dry peas, described in paragraph (2), exceeds the actual cropland acreage of the farm, the Secretary Subtitle E—Administration lentils, and small chickpeas. (11) OTHER OILSEED.—The term ‘‘other oil- shall reduce the base acres for 1 or more covered Sec. 1501. Administration generally. seed’’ means a crop of sunflower seed, rapeseed, commodities for the farm so that the sum of the Sec. 1502. Suspension of permanent price sup- canola, safflower, flaxseed, mustard seed, base acres and acreage described in paragraph port authority. crambe, sesame seed, or, if designated by the (2) does not exceed the actual cropland acreage Sec. 1503. Payment Limitations. Secretary, another oilseed. of the farm. Sec. 1504. Adjusted gross income limitation. (12) PAYMENT ACRES.—The term ‘‘payment (2) OTHER ACREAGE.—For purposes of para- Sec. 1505. Adjustments of loans. acres’’, with respect to a covered commodity on graph (1), the Secretary shall include the fol- Sec. 1506. Personal liability of producers for de- a farm, means 85 percent of the base acres for lowing: ficiencies. the covered commodity, on which direct pay- (A) Any acreage on the farm enrolled in the Sec. 1507. Extension of existing administrative ments and counter-cyclical payments are made. conservation reserve program or wetlands re- authority regarding loans. (13) PAYMENT YIELD.—The term ‘‘payment serve program under chapter 1 of subtitle D of Sec. 1508. Assignment of payments. yield’’ means the yield established for direct title XII of the Food Security Act of 1985 (16 Sec. 1509. Tracking of benefits. payments and counter-cyclical payments under U.S.C. 3830 et seq.). Sec. 1510. Upland cotton storage payments. section 1102 or 1302 of the Farm Security and (B) Any other acreage on the farm enrolled in Sec. 1511. Government publication of cotton Rural Investment Act of 2002 (7 U.S.C. 7912; a conservation program for which payments are price forecasts. 7952), as in effect on the day before the date of made in exchange for not producing an agricul- SEC. 1001. DEFINITIONS. the enactment of this Act, for a farm for a cov- tural commodity on the acreage. In this title: ered commodity. (3) SELECTION OF ACRES.—The Secretary shall (1) AGRICULTURAL ACT OF 1949.—The term (14) PRODUCER.— give the owner of the farm the opportunity to ‘‘Agricultural Act of 1949’’ means the Agricul- (A) IN GENERAL.—The term ‘‘producer’’ means select the base acres against which the reduc- tural Act of 1949 (7 U.S.C. 1421 et seq.), as in ef- an owner, operator, landlord, tenant, or share- tion required by paragraph (1) will be made. fect prior to the suspensions under section 171 of cropper that shares in the risk of producing a (4) EXCEPTION FOR DOUBLE-CROPPED ACRE- the Federal Agriculture Improvement and Re- crop and is entitled to share in the crop avail- AGE.—In applying paragraph (1), the Secretary form Act of 1996 (7 U.S.C. 7301), section 1602(b) able for marketing from the farm, or would have shall make an exception in the case of double of the Farm Security and Rural Investment Act shared had the crop been produced. cropping, as determined by the Secretary. of 2002 (7 U.S.C. 7992(b)), and section 1502(b) of (B) HYBRID SEED.—In determining whether a (c) PERMANENT REDUCTION IN BASE ACRES.— this Act. grower of hybrid seed is a producer, the Sec- (1) IN GENERAL.—The owner of a farm may re- (2) BASE ACRES.—The term ‘‘base acres’’, with retary shall— duce, at any time, the base acres for any cov- respect to a covered commodity on a farm, (i) not take into consideration the existence of ered commodity for the farm. means the number of acres established under a hybrid seed contract; and (2) ADMINISTRATION.—The reduction shall be sections 1101 and 1302 of the Farm Security and (ii) ensure that program requirements do not permanent and made in the manner prescribed Rural Investment Act of 2002 (7 U.S.C. 7911, adversely affect the ability of the grower to re- by the Secretary. 7952), as in effect on the day before the date of ceive a payment under this title. SEC. 1102. AVAILABILITY OF DIRECT PAYMENTS. the enactment of this Act, subject to any adjust- (15) SECRETARY.—The term ‘‘Secretary’’ means (a) PAYMENT REQUIRED.—For each of the 2008 ment under section 1101 of this Act. the Secretary of Agriculture. through 2012 crop years of each covered com- (3) COMPARABLE UNITED STATES QUALITY.— (16) STATE.—The term ‘‘State’’ means each of modity, the Secretary shall make direct pay- The term ‘‘Comparable United States Quality’’, the several States of the United States, the Dis- ments to producers on farms for which payment with respect to upland cotton, means upland trict of Columbia, the Commonwealth of Puerto yields and base acres are established. cotton classified as Middling (M) 13⁄32-inch cot- Rico, and any other territory or possession of (b) PAYMENT RATE.—The payment rates used ton with a micronaire of 3.7 to 4.2, strength 30 the United States. to make direct payments with respect to covered grams per tex, and uniformity of 83. (17) TARGET PRICE.—The term ‘‘target price’’ commodities for a crop year are as follows: (4) COUNTER-CYCLICAL PAYMENT.—The term means the price per bushel (or other appropriate (1) Wheat, $0.52 per bushel. ‘‘counter-cyclical payment’’ means a payment unit in the case of upland cotton, rice, peanuts, (2) Corn, $0.28 per bushel. made to producers on a farm under section 1103 and other oilseeds) of a covered commodity used (3) Grain sorghum, $0.35 per bushel. or 1104. to determine the payment rate for counter-cycli- (4) Barley, $0.24 per bushel. (5) COVERED COMMODITY.—The term ‘‘covered cal payments under section 1103. (5) Oats, $0.024 per bushel. commodity’’ means wheat, corn, grain sorghum, (18) UNITED STATES.—The term ‘‘United (6) Upland cotton, $0.0667 per pound. barley, oats, upland cotton, rice, soybeans, pea- States’’, when used in a geographical sense, (7) Rice, $2.35 per hundredweight. nuts, and other oilseeds. means all of the States. (8) Soybeans, $0.44 per bushel. (6) DIRECT PAYMENT.—The term ‘‘direct pay- (19) UNITED STATES PREMIUM FACTOR.—The (9) Other oilseeds, $0.0080 per pound. ment’’ means a payment made to producers on a term ‘‘United States Premium Factor’’ means (10) Peanuts, $36.00 per ton. farm under section 1102. the percentage by which the difference in the (c) PAYMENT AMOUNT.—The amount of the di- (7) EFFECTIVE PRICE.—The term ‘‘effective United States loan schedule premiums for Strict rect payment to be paid to the producers on a price’’, with respect to a covered commodity for Middling (SM) 11⁄8-inch cotton and for M 13⁄32- farm for a covered commodity for a crop year a crop year, means the price calculated by the inch exceeds the difference in the applicable shall be equal to the product of the following:

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00128 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.004 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8965 (1) The payment rate specified in subsection (8) Soybeans, $6.10 per bushel. ceiving counter-cyclical payments under section (b). (9) Other oilseeds, $0.1150 per pound. 1103 with respect to each covered commodity on (2) The payment acres of the covered com- (10) Peanuts, $495.00 per ton. a farm, the Secretary shall give the producers modity on the farm. (d) PAYMENT RATE.—The payment rate used on the farm an opportunity to elect to instead (3) The payment yield for the covered com- to make counter-cyclical payments with respect receive revenue-based counter-cyclical payments modity for the farm. to a covered commodity for a crop year shall be under this section for the 2008 through 2012 crop (d) TIME FOR PAYMENT.— equal to the difference between— years. (1) IN GENERAL.—In the case of each of the (1) the target price for the covered commodity; (2) SINGLE ELECTION; TIME FOR ELECTION.—As 2008 through 2012 crop years, the Secretary may and soon as practicable after the date of enactment not make direct payments before October 1 of (2) the effective price determined under sub- of this Act, the Secretary shall provide notice to the calendar year in which the crop of the cov- section (b) for the covered commodity. producers regarding their opportunity to make ered commodity is harvested. (e) PAYMENT AMOUNT.—If counter-cyclical the election described in paragraph (1). The no- (2) ADVANCE PAYMENTS.— payments are required to be paid under this sec- tice shall include the following: (A) OPTION.—At the option of the producers tion for any of the 2008 through 2012 crop years (A) Notice that the opportunity of the pro- on a farm, up to 22 percent of the direct pay- of a covered commodity, the amount of the ducers on a farm to make the election is being ment for a covered commodity for any of the counter-cyclical payment to be paid to the pro- provided only once. 2008 through 2011 crop years shall be paid to the ducers on a farm for that crop year shall be (B) Information regarding the manner in producers in advance. equal to the product of the following: which the election must be made and the time (B) MONTH.— (1) The payment rate specified in subsection periods and manner in which notice of the elec- (i) SELECTION.—The producers shall select the (d). tion must be submitted to the Secretary. month within which the advance payment for a (2) The payment acres of the covered com- (3) ELECTION DEADLINE.—Within the time pe- crop year will be made. modity on the farm. riod and in the manner prescribed pursuant to (3) The payment yield for the covered com- (ii) OPTIONS.—The month selected may be any paragraph (2), the producers on a farm shall month during the period beginning on December modity for the farm. submit to the Secretary notice of the election (f) TIME FOR PAYMENTS.— 1 of the calendar year before the calendar year made under paragraph (1). (1) GENERAL RULE.—If the Secretary deter- in which the crop of the covered commodity is (4) EFFECT OF FAILURE TO MAKE ELECTION.—If mines under subsection (a) that counter-cyclical harvested through the month within which the the producers on a farm fail to make the elec- payments are required to be made under this direct payment would otherwise be made. tion under paragraph (1) or fail to timely notify section for the crop of a covered commodity, the (iii) CHANGE.—The producers may change the the Secretary of the election made, as required Secretary shall make the counter-cyclical pay- selected month for a subsequent advance pay- by paragraph (3), the producers shall be deemed ments for the crop as soon as practicable after ment by providing advance notice to the Sec- to have made the election to receive counter-cy- the end of the 12-month marketing year for the retary. clical payments under section 1103 for all cov- covered commodity. (3) REPAYMENT OF ADVANCE PAYMENTS.—If a ered commodities on the farm. (2) AVAILABILITY OF PARTIAL PAYMENTS.—If, producer on a farm that receives an advance di- (b) PAYMENT REQUIRED.—In the case of pro- before the end of the 12-month marketing year rect payment for a crop year ceases to be a pro- ducers on a farm who make the election under for a covered commodity, the Secretary estimates ducer on that farm, or the extent to which the subsection (a) to receive revenue-based counter- that counter-cyclical payments will be required producer shares in the risk of producing a crop cyclical payments, the Secretary shall make rev- for the crop of the covered commodity, the Sec- changes, before the date the remainder of the di- enue-based counter-cyclical payments to such retary shall give producers on a farm the option rect payment is made, the producer shall be re- producers with respect to a covered commodity to receive partial payments of the counter-cycli- sponsible for repaying the Secretary the applica- on the farm, if the Secretary determines that the cal payment projected to be made for that crop ble amount of the advance payment, as deter- national actual revenue per acre for the covered of the covered commodity. mined by the Secretary. commodity is less than the national target rev- (3) TIME FOR PARTIAL PAYMENTS FOR 2008 (e) PROHIBITION ON DE MINIMIS PAYMENTS.— enue per acre for the covered commodity, as de- THROUGH 2010 CROP YEARS.—If the Secretary is If the total direct payment to be paid to a pro- required to make partial payments available termined pursuant to this section. ducer on a farm for all covered commodities is (c) NATIONAL ACTUAL REVENUE PER ACRE.— under paragraph (2) for a covered commodity less than $25.00, the Secretary shall not tender For each covered commodity for each of the 2008 for any of the 2008 through 2010 crop years— the direct payment to the producer. (A) the first partial payment shall be made through 2012 crop years, the Secretary shall es- SEC. 1103. AVAILABILITY OF COUNTER-CYCLICAL after completion of the first 6 months of the tablish a national actual revenue per acre by PAYMENTS. marketing year for the covered commodity; and multiplying the national average yield for the (a) PAYMENT REQUIRED.—For each of the 2008 (B) the final partial payment shall be made as given year by the higher of— through 2012 crop years for each covered com- soon as practicable after the end of the 12- (1) the national average market price received modity, the Secretary shall make counter-cycli- month marketing year for the covered com- by producers of the covered commodity during cal payments to producers on farms for which modity. the 12-month marketing year established by the payment yields and base acres are established (4) AMOUNT OF PARTIAL PAYMENTS.— Secretary; or with respect to the covered commodity if the (A) FIRST PARTIAL PAYMENT.—For each of the (2) the loan rate for the covered commodity Secretary determines that the effective price for 2008 through 2010 crop years, the first partial under section 1202, except that, for the purpose the covered commodity is less than the target payment under paragraph (3) to the producers of calculating national actual revenue per acre price for the covered commodity. on a farm may not exceed 40 percent of the pro- for rice and barley, the Secretary shall establish (b) EFFECTIVE PRICE.—For purposes of sub- jected counter-cyclical payment for the covered national average all rice and all barley loan section (a), the effective price for a covered com- commodity for the crop year, as determined by rates. modity is equal to the sum of the following: the Secretary. (d) NATIONAL TARGET REVENUE PER ACRE.— (1) The higher of the following: (B) FINAL PAYMENT.—The final payment for The national target revenue per acre shall be, (A) The national average market price re- each of the 2008 through 2010 crop years shall be on a per acre basis, as follows: ceived by producers during the 12-month mar- equal to the difference between— (1) Wheat, $149.92. keting year for the covered commodity, as deter- (i) the actual counter-cyclical payment to be (2) Corn, $344.12. mined by the Secretary. made to the producers for the covered com- (3) Grain Sorghum, $131.28. (B) The national average loan rate for a mar- modity for that crop year; and (4) Barley, $153.30. keting assistance loan for the covered com- (ii) the amount of the partial payment made (5) Oats, $92.10 (6) Upland cotton, $496.93. modity in effect for the applicable period under to the producers under subparagraph (A). (7) Rice, $548.06. subtitle B, except that, for the purpose of calcu- (5) REPAYMENT.—The producers on a farm (8) Soybeans, $231.87. that receive a partial payment under this sub- lating counter-cyclical payments under this sec- (9) Other oilseeds, $129.18. tion for rice and barley, the Secretary shall es- section for a crop year shall repay to the Sec- (10) Peanuts, $683.83. tablish national average all rice and all barley retary the amount, if any, by which the total of (e) NATIONAL PAYMENT YIELD.—The national loan rates. the partial payments exceed the actual counter- payment yield shall be as follows: (2) The payment rate in effect for the covered cyclical payment to be made for the covered (1) Wheat, 36.1 bushels per acre. commodity under section 1102 for the purpose of commodity for that crop year. (2) Corn, 114.4 bushels per acre. making direct payments with respect to the cov- (g) PROHIBITION ON DE MINIMIS PAYMENTS.— (3) Grain Sorghum, 58.2 bushels per acre. ered commodity. If the total counter-cyclical payment to be paid (4) Barley, 48.6 bushels per acre. (c) TARGET PRICE.—For purposes of subsection to a producer on a farm for all covered commod- (5) Oats, 49.8 bushels per acre. (a), the target prices for covered commodities ities is less than $25.00, the Secretary shall not (6) Upland cotton, 634 pounds per acre. shall be as follows: tender the counter-cyclical payment to the pro- (7) Rice, 51.28 hundredweight per acre. (1) Wheat, $4.15 per bushel. ducer. (8) Soybeans, 34.1 bushels per acre. (2) Corn, $2.63 per bushel. SEC. 1104. AVAILABILITY OF REVENUE-BASED (9) Other oilseeds, 1167.6 pounds per acre. (3) Grain sorghum, $2.57 per bushel. COUNTER-CYCLICAL PAYMENTS. (10) Peanuts, 1.496 tons per acre. (4) Barley, $2.73 per bushel. (a) AVAILABILITY AND ELECTION OF ALTER- (f) NATIONAL PAYMENT RATE.—The national (5) Oats, $1.50 per bushel. NATIVE APPROACH.— payment rate used to make revenue-based (6) Upland cotton, $0.70 per pound. (1) AVAILABILITY OF REVENUE-BASED COUNTER- counter-cyclical payments for a crop year shall (7) Rice, $10.50 per hundredweight. CYCLICAL PAYMENTS.—As an alternative to re- be the result of—

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00129 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.004 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8966 CONGRESSIONAL RECORD — HOUSE July 30, 2007 (1) the difference between the national target cyclical payments with respect to the farm, the (C) Wild rice. revenue per acre for the covered commodity and producers shall agree, during the crop year for (c) EXCEPTIONS.—Paragraphs (1) and (2) of the national actual revenue per acre for the cov- which the payments are made and in exchange subsection (b) shall not limit the planting of an ered commodity; divided by for the payments— agricultural commodity specified in paragraph (2) the national payment yield for the covered (A) to comply with applicable conservation re- (3) of that subsection— commodity. quirements under subtitle B of title XII of the (1) in any region in which there is a history (g) PAYMENT AMOUNT.—If revenue-based Food Security Act of 1985 (16 U.S.C. 3811 et of double-cropping of covered commodities with counter-cyclical payments are required to be seq.); agricultural commodities specified in subsection paid for any of the 2008 through 2012 crop years (B) to comply with applicable wetland protec- (b)(3), as determined by the Secretary, in which of a covered commodity, the amount of the tion requirements under subtitle C of title XII of case the double-cropping shall be permitted; counter-cyclical payment to be paid to the pro- that Act (16 U.S.C. 3821 et seq.); (2) on a farm that the Secretary determines ducers on a farm for that crop year for the cov- (C) to comply with the planting flexibility re- has a history of planting agricultural commod- ered commodity shall be equal to the product quirements of section 1106; ities specified in subsection (b)(3) on base acres, of— (D) to use the land on the farm, in a quantity except that direct payments and counter-cycli- (1) the national payment rate for the covered equal to the attributable base acres for the farm cal payments shall be reduced by an acre for commodity; for an agricultural or conserving use, and not each acre planted to such an agricultural com- (2) the payment acres of the covered com- for a nonagricultural commercial or industrial modity; or modity on the farm; and use, as determined by the Secretary; and (3) by the producers on a farm that the Sec- (3) the payment yield for counter-cyclical pay- (E) to effectively control noxious weeds and retary determines has an established planting ments for the covered commodity. otherwise maintain the land in accordance with history of a specific agricultural commodity (h) TIME FOR PAYMENTS.— sound agricultural practices, as determined by specified in subsection (b)(3), except that— (1) GENERAL RULE.—If the Secretary deter- the Secretary. (A) the quantity planted may not exceed the mines that revenue-based counter-cyclical pay- (2) COMPLIANCE.—The Secretary may issue average annual planting history of such agri- ments are required to be made under this section such rules as the Secretary considers necessary cultural commodity by the producers on the for the crop of a covered commodity, the Sec- to ensure producer compliance with the require- farm in the 1991 through 1995 or 1998 through retary shall make the counter-cyclical payments ments of paragraph (1). 2001 crop years (excluding any crop year in for the crop as soon as practicable after the end (3) MODIFICATION.—At the request of the which no plantings were made), as determined of the 12-month marketing year for the covered transferee or owner, the Secretary may modify by the Secretary; and commodity. the requirements of this subsection if the modi- (B) direct payments and counter-cyclical pay- (2) AVAILABILITY OF PARTIAL PAYMENTS.—If, fications are consistent with the objectives of ments shall be reduced by an acre for each acre before the end of the 12-month marketing year this subsection, as determined by the Secretary. planted to such agricultural commodity. for a covered commodity, the Secretary estimates (b) TRANSFER OR CHANGE OF INTEREST IN (d) PLANTING TRANSFERABILITY PILOT that revenue-based counter-cyclical payments FARM.— PROJECT.— will be required for the crop of the covered com- (1) TERMINATION.— (1) PILOT PROJECT AUTHORIZED.—In addition modity, the Secretary shall give producers on a (A) IN GENERAL.—Except as provided in para- to the exceptions provided in subsection (c), the farm the option to receive partial payments of graph (2), a transfer of (or change in) the inter- Secretary shall carry out a pilot project in the the revenue-based counter-cyclical payments est of the producers on a farm in base acres for State of Indiana under which paragraphs (1) projected to be made for that crop of the covered which direct payments or counter-cyclical pay- and (2) of subsection (b) shall not limit the commodity. ments are made shall result in the termination planting of tomatoes grown for processing on up (3) TIME FOR PARTIAL PAYMENTS FOR 2008 of the payments with respect to the base acres, to 10,000 base acres during each of the 2008 THROUGH 2010 CROP YEARS.—If the Secretary is unless the transferee or owner of the acreage through 2012 crop years. required to make partial payments available agrees to assume all obligations under sub- (2) CONTRACT AND MANAGEMENT REQUIRE- under paragraph (2) for a covered commodity section (a). MENTS.— To be eligible for selection to partici- for any of the 2008 through 2010 crop years— (B) EFFECTIVE DATE.—The termination shall (A) the first partial payment shall be made pate in the pilot project, a producer must— take effect on the date determined by the Sec- (A) have a contract to grow tomatoes for proc- after completion of the first 6 months of the retary. essing; and marketing year for the covered commodity; and (2) EXCEPTION.—If a producer entitled to a di- (B) agree to produce the tomatoes as part of a (B) the final partial payment shall be made as rect payment or counter-cyclical payment dies, soon as practicable after the end of the 12- program of crop rotation on the farm to achieve becomes incompetent, or is otherwise unable to agronomic and pest and disease management month marketing year for the covered com- receive the payment, the Secretary shall make modity. benefits. the payment, in accordance with rules issued by (3) TEMPORARY REDUCTION IN BASE ACRES.— (4) AMOUNT OF PARTIAL PAYMENTS.— the Secretary. (A) FIRST PARTIAL PAYMENT.—For each of the The base acres on a farm for a crop year shall (c) ACREAGE REPORTS.—As a condition on the 2008 through 2010 crop years, the first partial be reduced by an acre for each acre planted to receipt of any benefits under this subtitle or tomatoes under the pilot program. payment under paragraph (3) to the producers subtitle B, the Secretary shall require producers on a farm may not exceed 40 percent of the pro- (4) DURATION OF REDUCTIONS.—The reduction on a farm to submit to the Secretary annual in the base acres of a farm for a crop year under jected revenue-based counter-cyclical payment acreage reports with respect to all cropland on for the covered commodity for the crop year, as paragraph (3) shall expire at the end of the crop the farm. year, unless the producers on the farm elect to determined by the Secretary. (d) TENANTS AND SHARECROPPERS.—In car- INAL PAYMENT.—The final payment for continue to participate in the pilot project for (B) F rying out this subtitle, the Secretary shall pro- each of the 2008 through 2010 crop years shall be the subsequent crop year. vide adequate safeguards to protect the interests equal to the difference between— (5) RECALCULATION OF BASE ACRES.—If the of tenants and sharecroppers. (i) the actual revenue-based counter-cyclical Secretary recalculates base acres for a farm (e) SHARING OF PAYMENTS.—The Secretary payments to be made to the producers for the while the farm is included in the pilot project, shall provide for the sharing of direct payments covered commodity for that crop year; and the planting and production of tomatoes under and counter-cyclical payments among the pro- (ii) the amount of the partial payment made the pilot project shall be considered to be the ducers on a farm on a fair and equitable basis. to the producers on a farm under subparagraph same as the planting, prevented planting, or (A) for that crop year. SEC. 1106. PLANTING FLEXIBILITY. production of a covered commodity. Nothing in (5) REPAYMENT.—Producers on a farm that re- (a) PERMITTED CROPS.—Subject to subsection this paragraph provides authority for the Sec- ceive a partial payment under this subsection (b), any commodity or crop may be planted on retary to recalculate base acres for a farm. for a crop year shall repay to the Secretary the base acres on a farm. SEC. 1107. PERIOD OF EFFECTIVENESS. (b) LIMITATIONS REGARDING CERTAIN COM- amount, if any, by which the total of the partial This subtitle shall be effective beginning with MODITIES.— payments exceed the actual revenue-based the 2008 crop year of each covered commodity (1) GENERAL LIMITATION.—The planting of an counter-cyclical payments to be made for the through the 2012 crop year. covered commodity for that crop year. agricultural commodity specified in paragraph Subtitle B—Marketing Assistance Loans and (i) PROHIBITION ON DE MINIMIS PAYMENTS.—If (3) shall be prohibited on base acres unless the the total revenue-based counter-cyclical pay- commodity, if planted, is destroyed before har- Loan Deficiency Payments ment to be paid to a producer on a farm for all vest. SEC. 1201. AVAILABILITY OF NONRECOURSE MAR- covered commodities is less than $25.00, the Sec- (2) TREATMENT OF TREES AND OTHER KETING ASSISTANCE LOANS FOR retary shall not tender the revenue-based PERENNIALS.—The planting of an agricultural LOAN COMMODITIES. counter-cyclical payment to the producer. commodity specified in paragraph (3) that is (a) NONRECOURSE LOANS AVAILABLE.— (1) AVAILABILITY.—For each of the 2008 SEC. 1105. PRODUCER AGREEMENT REQUIRED AS produced on a tree or other perennial plant CONDITION OF PROVISION OF DI- shall be prohibited on base acres. through 2012 crops of each loan commodity, the RECT PAYMENTS AND COUNTER-CY- (3) COVERED AGRICULTURAL COMMODITIES.— Secretary shall make available to producers on CLICAL PAYMENTS. Paragraphs (1) and (2) apply to the following a farm nonrecourse marketing assistance loans (a) COMPLIANCE WITH CERTAIN REQUIRE- agricultural commodities: for loan commodities produced on the farm. MENTS.— (A) Fruits. (2) TERMS AND CONDITIONS.—The marketing (1) REQUIREMENTS.—Before the producers on (B) Vegetables (other than lentils, mung assistance loans shall be made under terms and a farm may receive direct payments or counter- beans, and dry peas). conditions that are prescribed by the Secretary

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and at the loan rate established under section (G) Crambe. (b) REPAYMENT RATES FOR UPLAND COTTON 1202 for the loan commodity. (H) Sesame seed. AND RICE.—The Secretary shall permit pro- (b) ELIGIBLE PRODUCTION.—The producers on (I) Other oilseeds designated by the Secretary. ducers to repay a marketing assistance loan a farm shall be eligible for a marketing assist- (13) In the case of dry peas, $5.40 per hun- under section 1201 for upland cotton, long grain ance loan under subsection (a) for any quantity dredweight. rice, medium grain rice, and short grain rice at of a loan commodity produced on the farm. (14) In the case of lentils, $11.28 per hundred- a rate that is the lesser of— (c) TREATMENT OF CERTAIN COMMINGLED weight. (1) the loan rate established for the commodity COMMODITIES.—In carrying out this subtitle, the (15) In the case of small chickpeas, $8.54 per under section 1202, plus interest (determined in Secretary shall make loans to producers on a hundredweight. accordance with section 163 of the Federal Agri- farm that would be eligible to obtain a mar- (16) In the case of peanuts, $355.00 per ton. culture Improvement and Reform Act of 1996 (7 keting assistance loan, but for the fact the loan (17) In the case of graded wool, $1.10 per U.S.C. 7283)); or commodity owned by the producers on the farm pound. (2) the prevailing world market price for the commingled with loan commodities of other pro- (18) In the case of nongraded wool, $0.40 per commodity (adjusted to United States quality ducers in facilities unlicensed for the storage of pound. and location), as determined by the Secretary. agricultural commodities by the Secretary or a (19) In the case of honey, $0.60 per pound. (c) REPAYMENT RATES FOR EXTRA LONG STA- State licensing authority, if the producers ob- (20) In the case of mohair, $4.20 per pound. PLE COTTON.—Repayment of a marketing assist- taining the loan agree to immediately redeem (b) SINGLE COUNTY LOAN RATE FOR OTHER ance loan for extra long staple cotton shall be at the loan collateral in accordance with section OILSEEDS.—The Secretary shall establish a sin- the loan rate established for the commodity 166 of the Federal Agriculture Improvement and gle loan rate in each county for each kind of under section 1202, plus interest (determined in Reform Act of 1996 (7 U.S.C. 7286). other oilseeds described in subsection (a)(12). accordance with section 163 of the Federal Agri- (c) SPECIAL RULES FOR CORN AND GRAIN SOR- (d) COMPLIANCE WITH CONSERVATION AND culture Improvement and Reform Act of 1996 (7 GHUM.— WETLANDS REQUIREMENTS.—As a condition of U.S.C. 7283)). (1) SINGLE COUNTY AND NATIONAL AVERAGE the receipt of a marketing assistance loan under (d) PREVAILING WORLD MARKET PRICE.—For subsection (a), the producer shall comply with LOAN RATE.—The Secretary shall— purposes of this section and section 1207, the (A) establish a single county loan rate for applicable conservation requirements under sub- Secretary shall prescribe by regulation— corn and grain sorghum in each county; title B of title XII of the Food Security Act of (1) a formula to determine the prevailing (B) establish a single national average loan 1985 (16 U.S.C. 3811 et seq.) and applicable wet- world market price for upland cotton, which rate for corn and grain sorghum; and land protection requirements under subtitle C of shall be based on the Far East price of upland (C) determine each county loan rate and the title XII of the Act (16 U.S.C. 3821 et seq.) dur- cotton; national average loan rate for corn and grain ing the term of the loan. (2) a formula to determine the prevailing sorghum and any and all other program loan (e) PEANUT-RELATED LOAN PROVISIONS.— world market price for— rates applicable to corn and grain sorghum from (1) OPTIONS FOR OBTAINING LOANS.—A mar- (A) long grain rice; and a data set that includes prices for both commod- keting assistance loan for peanuts under this (B) medium and short grain rice; ities. section and loan deficiency payments for pea- (3) a mechanism by which the Secretary will (2) ADMINISTRATION.—With respect to corn nuts under section 1205 may be obtained at op- announce periodically the prevailing world mar- and grain sorghum, the Secretary— tion of the producers on a farm through— ket price for upland cotton, long grain rice, and (A) shall administer the applicable loan, mar- (A) a designated marketing association or medium and short grain rice; and keting loan, counter-cyclical payment, and re- marketing cooperative of producers that is ap- (4) a mechanism by which the Secretary will lated programs from a single loan rate for corn proved by the Secretary; or make the adjustments, required by subsection and grain sorghum that is identical in each in- (B) the Farm Service Agency. (e), to the prevailing world market price for up- dividual county; (2) STORAGE OF LOAN PEANUTS.—As a condi- land cotton, long grain rice, and medium and (B) shall provide that any adjustment in the tion on the Secretary’s approval of an indi- short grain rice. loan rate for location shall be determined and vidual or entity to provide storage for peanuts (e) ADJUSTMENT OF PREVAILING WORLD MAR- applied on the basis of the combined data set for which a marketing assistance loan is made KET PRICE FOR UPLAND COTTON AND RICE.— such that any transportation adjustment shall under this section, the individual or entity shall (1) RICE.—The prevailing world market price be the same for corn and grain sorghum in each agree— for long grain, medium grain, and short grain (A) to provide such storage on a nondiscrim- individual county; and rice determined in subsection (d) shall be ad- (C) may provide for adjustments for grade, inatory basis; and justed to United States quality and location. type, and quality as appropriate for the corn or (B) to comply with such additional require- (2) COTTON.—The prevailing world market grain sorghum involved in each specific trans- ments as the Secretary considers appropriate to price for upland cotton, determined in sub- action. accomplish the purposes of this section and pro- section (d) shall be— mote fairness in the administration of the bene- SEC. 1203. TERM OF LOANS. (A) adjusted to United States quality and lo- fits of this section. (a) TERM OF LOAN.—In the case of each loan cation, with such quality adjustment to in- (3) MARKETING.—A marketing association or commodity, a marketing assistance loan under clude— cooperative may market peanuts for which a section 1201 shall have a term of 9 months begin- (i) any existing United States loan schedule loan is made under this section in any manner ning on the first day of the first month after the premiums for Comparable United States Quality; that conforms to consumer needs, including the month in which the loan is made. and separation of peanuts by type and quality. (b) EXTENSIONS PROHIBITED.—The Secretary (ii) a reduction equal to any United States may not extend the term of a marketing assist- SEC. 1202. LOAN RATES FOR NONRECOURSE MAR- Premium Factor to upland cotton of a quality KETING ASSISTANCE LOANS. ance loan for any loan commodity. higher than Middling (M) 13⁄32-inch; and (a) LOAN RATES.—The loan rate for a mar- SEC. 1204. REPAYMENT OF LOANS. (B) adjusted to take into account average keting assistance loan under section 1201 for a (a) GENERAL RULE.—The Secretary shall per- costs to market the commodity, including aver- loan commodity shall be equal to the following: mit the producers on a farm to repay a mar- age transportation costs, as determined by the (1) In the case of wheat, $2.94 per bushel. keting assistance loan under section 1201 for a Secretary. (2) In the case of corn, $1.95 per bushel. loan commodity (other than upland cotton, long (f) ADDITIONAL ADJUSTMENT AUTHORITY RE- (3) In the case of grain sorghum, $1.95 per grain rice, medium grain rice, short grain rice, GARDING PREVAILING WORLD MARKET PRICE FOR bushel. extra long staple cotton, and confectionery and UPLAND COTTON.— (4) In the case of malt barley, $2.50 per bushel. each other kind of sunflower seed (other than (1) IN GENERAL.—During the period beginning (5) In the case of feed barley, $1.90 per bushel. oil sunflower seed)) at the lesser of the fol- on the date of the enactment of this Act through (6) In the case of oats, $1.46 per bushel. lowing: July 31, 2013, the Secretary may further adjust (7) In the case of the base quality of upland (1) The loan rate established for the com- the prevailing world market price for upland cotton, $0.52 per pound. modity under section 1202, plus interest (deter- cotton (adjusted under subsection (d)) if the (8) In the case of extra long staple cotton, mined in accordance with section 163 of the Fed- Secretary determines such adjustment nec- $0.7977 per pound. eral Agriculture Improvement and Reform Act of essary— (9) In the case of long grain rice, $6.50 per 1996 (7 U.S.C. 7283)). (A) to minimize potential loan forfeitures; hundredweight. (2) A rate that the Secretary determines will— (B) to minimize the accumulation of stocks of (10) In the case of medium grain rice and (A) minimize potential loan forfeitures; the commodity by the Federal Government; short grain rice, $6.50 per hundredweight. (B) minimize the accumulation of stocks of the (C) to allow the commodity produced in the (11) In the case of soybeans, $5.00 per bushel. commodity by the Federal Government; United States to be marketed freely and competi- (12) In the case of other oilseeds, $0.1070 per (C) minimize the cost incurred by the Federal tively, both domestically and internationally; pound for each of the following kinds of oil- Government in storing the commodity; (D) to ensure that United States cotton is com- seeds: (D) allow the commodity produced in the petitive in world markets; and (A) Sunflower seed. United States to be marketed freely and competi- (E) to ensure an appropriate transition be- (B) Rapeseed. tively, both domestically and internationally; tween current-crop and forward-crop price (C) Canola. and quotations, except that the Secretary may use (D) Safflower. (E) minimize discrepancies in marketing loan forward-crop price quotations prior to July 31 of (E) Flaxseed. benefits across State boundaries and across the current marketing year only if there are less (F) Mustard seed. county boundaries, if applicable. than three current-crop price quotations and

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only if such forward-crop price quotation is the (d) EXCEPTION FOR EXTRA LONG STAPLE COT- (2) AVAILABILITY.— lowest such quotation available. TON.—This section shall not apply with respect (A) IN GENERAL.—The Secretary shall estab- (2) GUIDELINES FOR ADDITIONAL ADJUST- to extra long staple cotton. lish an availability period for the payments au- MENT.—In further adjusting the prevailing (e) EFFECTIVE DATE FOR PAYMENT RATE DE- thorized by this section. world market price for upland cotton under this TERMINATION.—The Secretary shall determine (B) CERTAIN COMMODITIES.—In the case of subsection, the Secretary shall establish a mech- the amount of the loan deficiency payment to be wheat, barley, and oats, the availability period anism for determining and announcing such ad- made under this section to the producers on a shall be consistent with the availability period justments in order to avoid undue disruption in farm with respect to a quantity of a loan com- for the commodity established by the Secretary the United States market. modity or commodity referred to in subsection for marketing assistance loans authorized by (g) REPAYMENT RATES FOR CONFECTIONERY (a)(2) using the payment rate in effect under this subtitle. (d) PROHIBITION ON CROP INSURANCE INDEM- AND OTHER KINDS OF SUNFLOWER SEEDS.—The subsection (c) as of the date the producers re- Secretary shall permit the producers on a farm quest the payment. NITY OR NONINSURED CROP ASSISTANCE.—A 2008 through 2012 crop of wheat, barley, oats, or to repay a marketing assistance loan under sec- SEC. 1206. PAYMENTS IN LIEU OF LOAN DEFI- triticale planted on acreage that a producer tion 1201 for confectionery and each other kind CIENCY PAYMENTS FOR GRAZED of sunflower seed (other than oil sunflower ACREAGE. elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of seed) at a rate that is the lesser of— (a) ELIGIBLE PRODUCERS.— any other harvesting of the crop shall not be eli- (1) the loan rate established for the commodity (1) IN GENERAL.—Effective for the 2008 gible for an indemnity under the Federal Crop under section 1202, plus interest (determined in through 2012 crop years, in the case of a pro- Insurance Act (7 U.S.C. 1501 et seq.) or non- accordance with section 163 of the Federal Agri- ducer that would be eligible for a loan defi- insured crop assistance under section 196 of the culture Improvement and Reform Act of 1996 (7 ciency payment under section 1205 for wheat, Federal Agriculture Improvement and Reform U.S.C. 7283)); or barley, or oats, but that elects to use acreage Act of 1996 (7 U.S.C. 7333). (2) the repayment rate established for oil sun- planted to the wheat, barley, or oats for the flower seed. grazing of livestock, the Secretary shall make a SEC. 1207. SPECIAL MARKETING LOAN PROVI- SIONS FOR UPLAND COTTON. (h) QUALITY GRADES FOR DRY PEAS, LENTILS, payment to the producer under this section if the producer enters into an agreement with the (a) SPECIAL IMPORT QUOTA.— AND SMALL CHICKPEAS.—The loan repayment (1) DEFINITION OF SPECIAL IMPORT QUOTA.—In Secretary to forgo any other harvesting of the rate for dry peas, lentils, and small chickpeas this subsection, the term ‘‘special import quota’’ wheat, barley, or oats on that acreage. shall be based on the quality grades for the ap- means a quantity of imports that is not subject (2) GRAZING OF TRITICALE ACREAGE.—Effective plicable commodity. to the over-quota tariff rate of a tariff-rate for the 2008 through 2012 crop years, with re- SEC. 1205. LOAN DEFICIENCY PAYMENTS. quota. spect to a producer on a farm that uses acreage (a) AVAILABILITY OF LOAN DEFICIENCY PAY- (2) ESTABLISHMENT.— planted to triticale for the grazing of livestock, MENTS.— (A) IN GENERAL.—The President shall carry the Secretary shall make a payment to the pro- (1) IN GENERAL.—Except as provided in sub- out an import quota program during the period ducer under this section if the producer enters section (d), the Secretary may make loan defi- beginning on the date of the enactment of this into an agreement with the Secretary to forgo ciency payments available to producers on a Act through July 31, 2013, as provided in this any other harvesting of triticale on that acre- farm that, although eligible to obtain a mar- subsection. age. keting assistance loan under section 1201 with (B) PROGRAM REQUIREMENTS.—Whenever the (b) PAYMENT AMOUNT.— respect to a loan commodity, agree to forgo ob- Secretary determines and announces that for (1) IN GENERAL.—The amount of a payment any consecutive 4-week period, the Friday taining the loan for the commodity in return for made under this section to a producer on a farm loan deficiency payments under this section. through Thursday average price quotation for described in subsection (a)(1) shall be equal to the lowest-priced United States growth, as (2) UNSHORN PELTS, HAY, AND SILAGE.— the amount determined by multiplying— quoted for Middling (M) 13⁄32-inch cotton, deliv- (A) MARKETING ASSISTANCE LOANS.—Subject to (A) the loan deficiency payment rate deter- subparagraph (B), nongraded wool in the form ered C/F Far East, exceeds the Far East price mined under section 1205(c) in effect, as of the there shall immediately be in effect a special im- of unshorn pelts and hay and silage derived date of the agreement, for the county in which port quota. from a loan commodity are not eligible for a the farm is located; by (3) QUANTITY.—The quota shall be equal to 1 marketing assistance loan under section 1201. (B) the payment quantity determined by mul- week’s consumption of upland cotton by domes- (B) LOAN DEFICIENCY PAYMENT.—Effective for tiplying— tic mills at the seasonally adjusted average rate the 2008 through 2012 crop years, the Secretary (i) the quantity of the grazed acreage on the of the most recent 3 months for which data are may make loan deficiency payments available farm with respect to which the producer elects available. under this section to producers on a farm that to forgo harvesting of wheat, barley, or oats; (4) APPLICATION.—The quota shall apply to produce unshorn pelts or hay and silage derived and upland cotton purchased not later than 90 days from a loan commodity. (ii) the payment yield in effect for the calcula- after the date of the Secretary’s announcement (b) COMPUTATION.—A loan deficiency pay- tion of direct payments under subtitle A with re- under paragraph (1) and entered into the ment for a loan commodity or commodity re- spect to that loan commodity on the farm or, in United States not later than 180 days after that ferred to in subsection (a)(2) shall be computed the case of a farm without a payment yield for date. by multiplying— that loan commodity, an appropriate yield es- (5) OVERLAP.—A special quota period may be (1) the payment rate determined under sub- tablished by the Secretary in a manner con- established that overlaps any existing quota pe- section (c) for the commodity; by sistent with section 1102 of the Farm Security riod if required by paragraph (2), except that a (2) the quantity of the commodity produced by and Rural Investment Act of 2002 (7 U.S.C. special quota period may not be established the eligible producers, excluding any quantity 7912). under this subsection if a quota period has been for which the producers obtain a marketing as- (2) GRAZING OF TRITICALE ACREAGE.—The established under subsection (b). sistance loan under section 1201. amount of a payment made under this section to (6) PREFERENTIAL TARIFF TREATMENT.—The (c) PAYMENT RATE.— a producer on a farm described in subsection quantity under a special import quota shall be (1) IN GENERAL.—In the case of a loan com- (a)(2) shall be equal to the amount determined considered to be an in-quota quantity for pur- modity, the payment rate shall be the amount by multiplying— poses of— by which— (A) the loan deficiency payment rate deter- (A) section 213(d) of the Caribbean Basin Eco- (A) the loan rate established under section mined under section 1205(c) in effect for wheat, nomic Recovery Act (19 U.S.C. 2703(d)); (B) section 204 of the Andean Trade Pref- 1202 for the loan commodity; exceeds as of the date of the agreement, for the county (B) the rate at which a marketing assistance erence Act (19 U.S.C. 3203); in which the farm is located; by (C) section 503(d) of the Trade Act of 1974 (19 loan for the loan commodity may be repaid (B) the payment quantity determined by mul- under section 1204. U.S.C. 2463(d)); and tiplying— (D) General Note 3(a)(iv) to the Harmonized (2) UNSHORN PELTS.—In the case of unshorn (i) the quantity of the grazed acreage on the Tariff Schedule. pelts, the payment rate shall be the amount by farm with respect to which the producer elects (7) LIMITATION.—The quantity of cotton en- which— to forgo harvesting of triticale; and tered into the United States during any mar- (A) the loan rate established under section (ii) the payment yield in effect for the calcula- keting year under the special import quota es- 1202 for ungraded wool; exceeds tion of direct payments under subtitle A with re- tablished under this subsection may not exceed (B) the rate at which a marketing assistance spect to wheat on the farm or, in the case of a the equivalent of 10 week’s consumption of up- loan for ungraded wool may be repaid under farm without a payment yield for wheat, an ap- land cotton by domestic mills at the seasonally section 1204. propriate yield established by the Secretary in a adjusted average rate of the 3 months imme- (3) HAY AND SILAGE.—In the case of hay or si- manner consistent with section 1102 of the Farm diately preceding the first special import quota lage derived from a loan commodity, the pay- Security and Rural Investment Act of 2002 (7 established in any marketing year. ment rate shall be the amount by which— U.S.C. 7912). (b) LIMITED GLOBAL IMPORT QUOTA FOR UP- (A) the loan rate established under section (c) TIME, MANNER, AND AVAILABILITY OF PAY- LAND COTTON.— 1202 for the loan commodity from which the hay MENT.— (1) DEFINITIONS.—In this subsection: or silage is derived; exceeds (1) TIME AND MANNER.—A payment under this (A) SUPPLY.—The term ‘‘supply’’ means, using (B) the rate at which a marketing assistance section shall be made at the same time and in the latest official data of the Bureau of the Cen- loan for the loan commodity may be repaid the same manner as loan deficiency payments sus, the Department of Agriculture, and the De- under section 1204. are made under section 1205. partment of the Treasury—

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00132 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.005 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8969 (i) the carry-over of upland cotton at the be- pansion of land, plant, buildings, equipment, (A) normally harvest all or a portion of their ginning of the marketing year (adjusted to 480- facilities, or machinery. crop of corn or grain sorghum in a high mois- pound bales) in which the quota is established; (4) REVIEW OR AUDIT.—The Secretary may ture state; (ii) production of the current crop; and conduct such review or audit of the records of a (B) present— (iii) imports to the latest date available during domestic user under this subsection as deter- (i) certified scale tickets from an inspected, the marketing year. mined necessary to carry out the provisions of certified commercial scale, including a licensed (B) DEMAND.—The term ‘‘demand’’ means— this subsection. warehouse, feedlot, feed mill, distillery, or other (i) the average seasonally adjusted annual (5) IMPROPER USE OF ASSISTANCE.—If the Sec- similar entity approved by the Secretary, pursu- rate of domestic mill consumption during the retary determines, after a review or audit of the ant to regulations issued by the Secretary; or most recent 3 months for which data are avail- records of the domestic user, that economic ad- (ii) field or other physical measurements of able; and justment assistance under this subsection was the standing or stored crop in regions of the (ii) the larger of— not used for the purposes specified in paragraph United States, as determined by the Secretary, (I) average exports of upland cotton during (3), the domestic user shall be liable to repay that do not have certified commercial scales the preceding 6 marketing years; or such assistance to the Secretary, plus interest, from which certified scale tickets may be ob- (II) cumulative exports of upland cotton plus as determined by the Secretary, and shall be in- tained within reasonable proximity of harvest outstanding export sales for the marketing year eligible to participate in the program established operation; (C) certify that they were the owners of the in which the quota is established. by this subsection for a period of 12 months fol- feed grain at the time of delivery to, and that (C) LIMITED GLOBAL IMPORT QUOTA.—The lowing the determination of the Secretary. term ‘‘limited global import quota’’ means a the quantity to be placed under loan under this SEC. 1208. SPECIAL COMPETITIVE PROVISIONS subsection was in fact harvested on the farm quantity of imports that is not subject to the FOR EXTRA LONG STAPLE COTTON. over-quota tariff rate of a tariff-rate quota. and delivered to, a feedlot, feed mill, or commer- (a) COMPETITIVENESS PROGRAM.—Notwith- (2) PROGRAM.—The President shall carry out cial or on-farm high-moisture storage facility, or standing any other provision of law, during the an import quota program that provides that to a facility maintained by the users of corn and period beginning on the date of the enactment whenever the Secretary determines and an- grain sorghum in a high moisture state; and of this Act through July 31, 2013, the Secretary nounces that the average price of the base qual- (D) comply with deadlines established by the shall carry out a program— ity of upland cotton, as determined by the Sec- Secretary for harvesting the corn or grain sor- (1) to maintain and expand the domestic use retary, in the designated spot markets for a ghum and submit applications for loans under of extra long staple cotton produced in the month exceeded 130 percent of the average price this subsection within deadlines established by United States; of the quality of cotton in the markets for the the Secretary. (2) to increase exports of extra long staple cot- preceding 36 months, notwithstanding any other (3) ELIGIBILITY OF ACQUIRED FEED GRAINS.—A ton produced in the United States; and provision of law, there shall immediately be in loan under this subsection shall be made on a (3) to ensure that extra long staple cotton pro- effect a limited global import quota subject to quantity of corn or grain sorghum of the same duced in the United States remains competitive the following conditions: crop acquired by the producer equivalent to a in world markets. (A) QUANTITY.—The quantity of the quota quantity determined by multiplying— shall be equal to 21 days of domestic mill con- (b) PAYMENTS UNDER PROGRAM; TRIGGER.— (A) the acreage of the corn or grain sorghum sumption of upland cotton at the seasonally ad- Under the program, the Secretary shall make in a high moisture state harvested on the pro- justed average rate of the most recent 3 months payments available under this section when- ducer’s farm; by (B) the lower of the farm program payment for which data are available. ever— yield used to make counter-cyclical payments (B) QUANTITY IF PRIOR QUOTA.—If a quota (1) for a consecutive 4-week period, the world under subtitle A or the actual yield on a field, has been established under this subsection dur- market price for the lowest priced competing as determined by the Secretary, that is similar to ing the preceding 12 months, the quantity of the growth of extra long staple cotton (adjusted to the field from which the corn or grain sorghum quota next established under this subsection United States quality and location and for other was obtained. shall be the smaller of 21 days of domestic mill factors affecting the competitiveness of such cot- (b) RECOURSE LOANS AVAILABLE FOR SEED consumption calculated under subparagraph (A) ton), as determined by the Secretary, is below COTTON.—For each of the 2008 through 2012 or the quantity required to increase the supply the prevailing United States price for a com- peting growth of extra long staple cotton; and crops of upland cotton and extra long staple to 130 percent of the demand. cotton, the Secretary shall make available re- (C) PREFERENTIAL TARIFF TREATMENT.—The (2) the lowest priced competing growth of course seed cotton loans, as determined by the quantity under a limited global import quota extra long staple cotton (adjusted to United Secretary, on any production. shall be considered to be an in-quota quantity States quality and location and for other factors affecting the competitiveness of such cotton), as (c) REPAYMENT RATES.—Repayment of a re- for purposes of— course loan made under this section shall be at (i) section 213(d) of the Caribbean Basin Eco- determined by the Secretary, is less than 134 percent of the loan rate for extra long staple the loan rate established for the commodity by nomic Recovery Act (19 U.S.C. 2703(d)); the Secretary, plus interest (determined in ac- (ii) section 204 of the Andean Trade Pref- cotton. cordance with section 163 of the Federal Agri- erence Act (19 U.S.C. 3203); (c) ELIGIBLE RECIPIENTS.—The Secretary shall culture Improvement and Reform Act of 1996 (7 (iii) section 503(d) of the Trade Act of 1974 (19 make payments available under this section to U.S.C. 7283)). U.S.C. 2463(d)); and domestic users of extra long staple cotton pro- (iv) General Note 3(a)(iv) to the Harmonized duced in the United States and exporters of SEC. 1210. DEADLINE FOR REPAYMENT OF MAR- extra long staple cotton produced in the United KETING ASSISTANCE LOAN FOR PEA- Tariff Schedule. NUTS. States that enter into an agreement with the (D) QUOTA ENTRY PERIOD.—When a quota is (a) JUNE 30 REDEMPTION DEADLINE.—Notwith- Commodity Credit Corporation to participate in established under this subsection, cotton may be standing any other provision of law, a mar- the program under this section. entered under the quota during the 90-day pe- keting assistance loan for peanuts may not be (d) PAYMENT AMOUNT.—Payments under this riod beginning on the date the quota is estab- redeemed after June 30 of the year subsequent to section shall be based on the amount of the dif- lished by the Secretary. the year in which the peanuts were harvested. (3) NO OVERLAP.—Notwithstanding paragraph ference in the prices referred to in subsection (b) EFFECT OF FAILURE TO REDEEM.—A mar- (2), a quota period may not be established that (b)(1) during the fourth week of the consecutive keting assistance loan for peanuts that is not re- overlaps an existing quota period or a special 4-week period multiplied by the amount of docu- deemed before the deadline imposed by sub- quota period established under subsection (a). mented purchases by domestic users and sales section (a) shall be deemed to be forfeited to the (c) ECONOMIC ADJUSTMENT ASSISTANCE TO for export by exporters made in the week fol- Commodity Credit Corporation. lowing such a consecutive 4-week period. USERS OF UPLAND COTTON.— SEC. 1211. COMMODITY QUALITY INCENTIVE PAY- (1) ISSUANCE OF MARKETING CERTIFICATES OR (e) FORM OF PAYMENT.—Payments under this MENTS FOR HEALTHY OILSEEDS. CASH PAYMENTS.—During the period beginning section shall be made through the issuance of (a) INCENTIVE PAYMENTS REQUIRED.—Subject on the date of the enactment of this Act through cash or marketing certificates, at the option of to the availability of funds for this purpose, the July 31, 2013, the Secretary shall issue, on a eligible recipients of the payments. Secretary shall provide commodity quality in- monthly basis, marketing certificates or cash SEC. 1209. AVAILABILITY OF RECOURSE LOANS centive payments during the 2009 through 2013 payments, at the option of the recipient, to do- FOR HIGH MOISTURE FEED GRAINS crop years for the production of oilseeds with mestic users of upland cotton for all documented AND SEED COTTON. specialized traits that enhance human health, use of upland cotton during the previous month- (a) HIGH MOISTURE FEED GRAINS.— as determined by the Secretary. ly period regardless of the origin of the upland (1) DEFINITION OF HIGH MOISTURE STATE.—In (b) COVERED OILSEEDS.—The Secretary shall cotton. this subsection, the term ‘‘high moisture state’’ make payments under this section only for the (2) VALUE OF CERTIFICATES OR PAYMENTS.— means corn or grain sorghum having a moisture production of an oilseed that has, as determined The value of the marketing certificates or cash content in excess of Commodity Credit Corpora- by the Secretary— payments shall be 4 cents per pound. tion standards for marketing assistance loans (1) been demonstrated to reduce or eliminate (3) ALLOWABLE PURPOSES.—Economic adjust- made by the Secretary under section 1201. the need to partially hydrogenate the oil derived ment assistance under this subsection shall be (2) RECOURSE LOANS AVAILABLE.—For each of from the oilseed for use in human consumption; made available only to domestic users of upland the 2008 through 2012 crops of corn and grain and cotton that certify that such funds shall be used sorghum, the Secretary shall make available re- (2) 1 or more traits for which compelling im- only for acquisition, construction, installation, course loans, as determined by the Secretary, to pediments to commercialization have been iden- modernization, development, conversion, or ex- producers on a farm that— tified.

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(c) REQUEST FOR PROPOSALS.— ‘‘(B) the end of the fiscal year in which the process sugars and syrups into raw cane sugar (1) ISSUANCE.—If funds are available to carry loan is made. or refined beet sugar and repays the loan on the out this section for a crop year, the Secretary ‘‘(2) SUPPLEMENTAL LOANS.—In the case of a in-process sugars and syrups, the processor may shall issue a request for proposals for payments loan made under this section in the last 3 obtain a loan under subsection (a) or (b) for the under this section. months of a fiscal year, the processor may re- raw cane sugar or refined beet sugar, as appro- (2) MULTIYEAR PROPOSALS.—An entity may pledge the sugar as collateral for a second loan priate. submit a multiyear proposal for payments under in the subsequent fiscal year, except that the ‘‘(6) TERM OF LOAN.—The term of a loan made this section. second loan shall— under this subsection for a quantity of in-proc- (3) CONTENT OF PROPOSALS.—A proposal for ‘‘(A) be made at the loan rate in effect at the ess sugars and syrups, when combined with the payments under this section shall include a de- time the first loan was made; and term of a loan made with respect to the raw scription of— ‘‘(B) mature in 9 months less the quantity of cane sugar or refined beet sugar derived from (A) each trait of the oilseed described in sub- time that the first loan was in effect. the in-process sugars and syrups, may not ex- section (b)(2) and the value of the trait as a ‘‘(d) LOAN TYPE; PROCESSOR ASSURANCES.— ceed 9 months, consistent with subsection (c). matter of public policy; ‘‘(1) NONRECOURSE LOANS.—The Secretary ‘‘(f) AVOIDING FORFEITURES; CORPORATION IN- (B) the projected market size and value of the shall carry out this section through the use of VENTORY DISPOSITION.— trait; nonrecourse loans. ‘‘(1) IN GENERAL.—Subject to subsection (d)(3), (C) the projected impact of the proposal on— ‘‘(2) PROCESSOR ASSURANCES.— to the maximum extent practicable, the Sec- (i) the future price of loan commodities; and ‘‘(A) IN GENERAL.—The Secretary shall obtain retary shall operate the program established (ii) if appropriate, on Federal Government from each processor that receives a loan under under this section at no cost to the Federal Gov- farm program outlays to support loan commod- this section such assurances as the Secretary ernment by avoiding the forfeiture of sugar to ities; considers adequate to ensure that the processor the Commodity Credit Corporation. (D) a range for the amount of total per bushel will provide payments to producers that are pro- ‘‘(2) INVENTORY DISPOSITION.— premiums to be paid to producers; portional to the value of the loan received by ‘‘(A) IN GENERAL.—To carry out paragraph (E) a per bushel amount of incentive pay- the processor for the sugar beets and sugarcane (1), the Commodity Credit Corporation may ac- ments requested for each year under this section delivered by producers to the processor. cept bids to obtain raw cane sugar or refined that— ‘‘(B) MINIMUM PAYMENTS.— beet sugar in the inventory of the Commodity 1 (i) does not exceed ⁄3 of the total premium of- ‘‘(i) IN GENERAL.—Subject to clause (ii), the Credit Corporation from (or otherwise make fered for any year; and Secretary may establish appropriate minimum available such commodities, on appropriate (ii) declines over time; payments for purposes of this paragraph. terms and conditions, to) processors of sugar- (F) the period of time, of not to exceed 4 years, ‘‘(ii) LIMITATION.—In the case of sugar beets, cane and processors of sugar beets (acting in during which incentive payments are to be pro- the minimum payment established under clause conjunction with the producers of the sugarcane vided to producers; and (i) shall not exceed the rate of payment provided or sugar beets processed by the processors) in re- (G) the targeted total quantity of production for under the applicable contract between a turn for the reduction of production of raw cane and estimated acres needed to produce the tar- sugar beet producer and a sugar beet processor. sugar or refined beet sugar, as appropriate. geted quantity for each year under this section. ‘‘(3) ADMINISTRATION.—The Secretary may not ‘‘(B) BIOENERGY FEEDSTOCK.—If a reduction (d) CONTRACTS FOR PRODUCTION.— impose or enforce any prenotification require- in the quantity of production accepted under (1) IN GENERAL.—The Secretary shall approve ment, or similar administrative requirement not successful proposals submitted under subsection subparagraph (A) involves sugar beets or sugar- otherwise in effect on May 13, 2002, that has the (c) on a timely basis so as to allow successful cane that has already been planted, the sugar effect of preventing a processor from electing to applicants to offer production contracts to pro- beets or sugarcane so planted may not be used forfeit the loan collateral (of an acceptable ducers beginning in advance of the spring for any commercial purpose other than as a bio- grade and quality) on the maturity of the loan. planting season for the 2009 crop year. energy feedstock. ‘‘(e) LOANS FOR IN-PROCESS SUGAR.— ‘‘(C) ADDITIONAL AUTHORITY.—The authority (2) MULTIYEAR CONTRACTS.—A successful ap- ‘‘(1) DEFINITION OF IN-PROCESS SUGARS AND plicant may enter into a multiyear contract provided under this paragraph is in addition to SYRUPS.—In this subsection, the term ‘in-process with— any authority of the Commodity Credit Corpora- sugars and syrups’ does not include raw sugar, (A) a specific group of producers; or tion under any other law. liquid sugar, invert sugar, invert syrup, or other (B) various groups of producers. ‘‘(g) INFORMATION REPORTING.— finished product that is otherwise eligible for a UTY OF PROCESSORS AND REFINERS TO (3) TIMING OF PAYMENTS.—The Secretary shall ‘‘(1) D make payments under this section after the Sec- loan under subsection (a) or (b). REPORT.—A sugarcane processor, cane sugar re- retary receives documentation that the total pre- ‘‘(2) AVAILABILITY.—The Secretary shall make finer, and sugar beet processor shall furnish the mium offered for crops produced under a con- nonrecourse loans available to processors of a Secretary, on a monthly basis, such information tract (including the amount of incentive pay- crop of domestically grown sugarcane and sugar as the Secretary may require to administer sugar ments) has been made to covered producers. beets for in-process sugars and syrups derived programs, including the quantity of purchases (e) ADMINISTRATION.—If funding provided for from the crop. of sugarcane, sugar beets, and sugar, and pro- a crop year is not fully allocated under the ini- ‘‘(3) LOAN RATE.—The loan rate shall be equal duction, importation, distribution, and stock tial request for proposals under subsection (c), to 80 percent of the loan rate applicable to raw levels of sugar. the Secretary shall issue additional requests for cane sugar or refined beet sugar, as determined ‘‘(2) DUTY OF PRODUCERS TO REPORT.— proposals for subsequent years under this sec- by the Secretary on the basis of the source mate- ‘‘(A) PROPORTIONATE SHARE STATES.—As a tion. rial for the in-process sugars and syrups. condition of a loan made to a processor for the URTHER PROCESSING ON FORFEITURE (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) F .— benefit of a producer, the Secretary shall require There are authorized to be appropriated such ‘‘(A) IN GENERAL.—As a condition of the for- each producer of sugarcane located in a State sums as are necessary to carry out this section feiture of in-process sugars and syrups serving (other than the Commonwealth of Puerto Rico) for each of fiscal years 2009 through 2013. as collateral for a loan under paragraph (2), the in which there are in excess of 250 producers of processor shall, within such reasonable time pe- sugarcane to report, in the manner prescribed Subtitle C—Sugar riod as the Secretary may prescribe and at no by the Secretary, the sugarcane yields and acres SEC. 1301. SUGAR PROGRAM. cost to the Commodity Credit Corporation, con- planted to sugarcane of the producer. (a) IN GENERAL.—Section 156 of the Federal vert the in-process sugars and syrups into raw ‘‘(B) OTHER STATES.—The Secretary may re- Agriculture Improvement and Reform Act of cane sugar or refined beet sugar of acceptable quire each producer of sugarcane or sugar beets 1996 (7 U.S.C. 7272) is amended to read as fol- grade and quality for sugars eligible for loans not covered by subparagraph (A) to report, in a lows: under subsection (a) or (b). manner prescribed by the Secretary, the yields ‘‘SEC. 156. SUGAR PROGRAM. ‘‘(B) TRANSFER TO CORPORATION.—Once the of, and acres planted to, sugarcane or sugar ‘‘(a) SUGARCANE.—The Secretary shall make in-process sugars and syrups are fully processed beets, respectively, of the producer. loans for raw cane sugar available to processors into raw cane sugar or refined beet sugar, the ‘‘(3) DUTY OF IMPORTERS TO REPORT.— of domestically grown sugarcane at a rate equal processor shall transfer the sugar to the Com- ‘‘(A) IN GENERAL.—Except as provided in sub- to 18.5 cents per pound for each of the 2008 modity Credit Corporation. paragraph (B), the Secretary shall require an through 2012 crop years. ‘‘(C) PAYMENT TO PROCESSOR.—On transfer of importer of sugars, syrups, or molasses to be ‘‘(b) SUGAR BEETS.—The Secretary shall make the sugar, the Secretary shall make a payment used for human consumption or to be used for loans for refined beet sugar available to proc- to the processor in an amount equal to the the extraction of sugar for human consumption essors of domestically grown sugar beets at a amount obtained by multiplying— to report, in the manner prescribed by the Sec- rate equal to 23.5 cents per pound for each of ‘‘(i) the difference between— retary, the quantities of the products imported the 2008 through 2012 crop years. ‘‘(I) the loan rate for raw cane sugar or re- by the importer and the sugar content or equiv- ‘‘(c) TERM OF LOANS.— fined beet sugar, as appropriate; and alent of the products. ‘‘(1) IN GENERAL.—A loan under this section ‘‘(II) the loan rate the processor received ‘‘(B) TARIFF-RATE QUOTAS.—Subparagraph during any fiscal year shall be made available under paragraph (3); by (A) shall not apply to sugars, syrups, or molas- not earlier than the beginning of the fiscal year ‘‘(ii) the quantity of sugar transferred to the ses that are within the quantities of tariff-rate and shall mature at the earlier of— Secretary. quotas that are subject to the lower rate of du- ‘‘(A) the end of the 9-month period beginning ‘‘(5) LOAN CONVERSION.—If the processor does ties. on the first day of the first month after the not forfeit the collateral as described in para- ‘‘(4) COLLECTION OF INFORMATION ON MEX- month in which the loan is made; or graph (4), but instead further processes the in- ICO.—

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‘‘(A) COLLECTION.—The Secretary shall col- ‘‘(C) the quantity of sugar that will be avail- to the Commodity Credit Corporation for a civil lect— able from carry-in stocks for human consump- in an amount equal to 3 times the ‘‘(i) information on the production, consump- tion in the United States during the crop year; United States market value, at the time of the tion, stocks and trade of sugar in Mexico, in- ‘‘(D) the quantity of sugar that will be avail- commission of the violation, of that quantity of cluding United States exports of sugar to Mex- able from the domestic processing of sugarcane, sugar involved in the violation. ico; and sugar beets, and in-process beet sugar; and ‘‘(3) DEFINITION OF MARKET.—For purposes of ‘‘(ii) publicly available information on Mexi- ‘‘(E) the quantity of sugars, syrups, and mo- this part, the term ‘market’ shall mean to sell or can production, consumption, and trade of high lasses that will be imported for human consump- otherwise dispose of in commerce in the United fructose corn syrups, including United States tion or to be used for the extraction of sugar for States, including— exports of high fructose corn syrups to Mexico. human consumption in the United States during ‘‘(A) the forfeiture of sugar under the loan ‘‘(B) PUBLICATION.—The data collected under the crop year, whether such articles are under a program for sugar under section 156 of the Fed- subparagraph (A) shall be published in each tariff-rate quota or are in excess or outside of a eral Agriculture Improvement and Reform Act of edition of the World Agricultural Supply and tariff-rate quota. 1996 (7 U.S.C. 7272) and such forfeited sugar Demand Estimates. ‘‘(2) EXCLUSION.—The estimates under this shall be deemed to have been marketed during ‘‘(5) PENALTY.—Any person willfully failing subsection shall not apply to sugar imported for the crop year in which the loan was made; ‘‘(B) with respect to any integrated processor or refusing to furnish the information required the production of polyhydric alcohol or to any and refiner, the movement of raw cane sugar to be reported by paragraph (1), (2), or (3), or sugar refined and reexported in refined form or into the refining process; and furnishing willfully false information, shall be in products containing sugar. ‘‘(3) REESTIMATES.—The Secretary shall make ‘‘(C) the sale of sugar for the production of subject to a civil penalty of not more than reestimates of sugar consumption, stocks, pro- ethanol or other bioenergy product, if such eth- $10,000 for each such violation. duction, and imports for a crop year as nec- anol or bioenergy product is the subject of a ‘‘(6) MONTHLY REPORTS.—Taking into consid- essary, but no later than the beginning of each payment under the feedstock flexibility program eration the information received under this sub- of the second through fourth quarters of the for bioenergy producers.’’. section, the Secretary shall publish on a month- crop year. (c) ESTABLISHMENT.—Section 359c of the Agri- ly basis composite data on production, imports, ‘‘(b) SUGAR ALLOTMENTS.— cultural Adjustment Act of 1938 (7 U.S.C. 1359cc) distribution, and stock levels of sugar. ‘‘(1) ESTABLISHMENT.—By the beginning of is amended— ‘‘(h) SUBSTITUTION OF REFINED SUGAR.—For each crop year, the Secretary shall establish for (1) by striking subsection (b) and inserting the purposes of Additional U.S. Note 6 to chapter 17 that crop year appropriate allotments under sec- following new subsection: of the Harmonized Tariff Schedule of the United tion 359c for the marketing by processors of ‘‘(b) OVERALL ALLOTMENT QUANTITY.— States and the reexport programs and sugar processed from sugar cane or sugar beets ‘‘(1) IN GENERAL.—The Secretary shall estab- polyhydric alcohol program administered by the or in-process beet sugar (whether such sugar lish the overall quantity of sugar to be allotted for the crop year (in this part referred to as the Secretary, all refined sugars (whether derived beets or in-process beet sugar was produced do- ‘overall allotment quantity’) at a level sufficient from sugar beets or sugarcane) produced by mestically or imported) at a level sufficient to to maintain raw and refined sugar prices above cane sugar refineries and beet sugar processors maintain raw and refined sugar prices above forfeiture levels to avoid the forfeiture of sugar shall be fully substitutable for the export of forfeiture levels so that there will be no forfeit- to the Commodity Credit Corporation. sugar and sugar-containing products under ures of sugar to the Commodity Credit Corpora- ‘‘(2) MINIMUM.—The overall allotment quan- those programs. tion under the loan program for sugar estab- ‘‘(i) EFFECTIVE PERIOD.—This section shall be tity established under paragraph (1) may not be lished under section 156 of the Federal Agri- less than 85 percent of the estimated quantity of effective only for the 2008 through 2012 crops of culture Improvement and Reform Act of 1996 (7 sugar beets and sugarcane.’’ sugar for domestic human consumption for the U.S.C. 7272). crop year. (b) TRANSITION.—The Secretary of Agriculture ‘‘(2) MINIMUM.—The level of allotments estab- shall make loans for raw cane sugar and refined ‘‘(3) ADJUSTMENT.—Subject to paragraphs (1) lished under paragraph (1) may not be less than and (2), the Secretary shall adjust the overall beet sugar available for the 2007 crop year on 85 percent of the estimated quantity of sugar for the terms and conditions provided in section 156 allotment quantity— domestic human consumption for the crop year. ‘‘(A) to maintain raw and refined sugar prices of the Federal Agriculture Improvement and Re- ‘‘(3) PRODUCTS.—The Secretary may include above forfeiture levels to avoid the forfeiture of form Act of 1996 (7 U.S.C. 7272), as in effect on sugar products, whose majority content is su- sugar to the Commodity Credit Corporation; and the day before the date of the enactment of this crose, in the allotments established under para- ‘‘(B) to maintain adequate supplies of raw Act. graph (1) if the Secretary determines that the and refined sugar in the domestic market.’’; SEC. 1302. UNITED STATES MEMBERSHIP IN THE inclusion of such sugar products is appropriate (2) in subsection (d)(2), by inserting before the INTERNATIONAL SUGAR ORGANIZA- for controlling the supply of sugar for human period the following: ‘‘or in-process beet sugar’’; TION. consumption. (3) in subsection (g)(1), by inserting at the end The Secretary of Agriculture shall work with ‘‘(c) COVERAGE OF ALLOTMENTS.— the following new sentence: ‘‘However, the over- the Secretary of State to restore United States ‘‘(1) IN GENERAL.—The marketing allotments all allotment quantity may not be reduced to a membership in the International Sugar Organi- provided for in this part shall apply to the mar- quantity less than 85 percent of the estimated zation within one year after the date of enact- keting by processors of sugar intended for do- quantity of sugar for domestic human consump- ment of this Act. mestic human consumption that has been proc- tion for the crop year.’’; and SEC. 1303. FLEXIBLE MARKETING ALLOTMENTS essed from sugar cane or sugar beets or in-proc- (4) by striking subsection (h). FOR SUGAR. ess beet sugar (whether such sugar beets or in- (d) ALLOCATION OF MARKETING ALLOT- (a) DEFINITION OF HUMAN CONSUMPTION.— process beet sugar was produced domestically or MENTS.—Section 359d(b) of the Agricultural Ad- Section 359a of the Agricultural Adjustment Act imported). justment Act of 1938 (7 U.S.C. 1359dd(b)) is of 1938 (7 U.S.C. 1359aa) is amended— ‘‘(2) EXCEPTIONS.—Consistent with the admin- amended— (1) by redesignating paragraphs (1) through istration of marketing allotments during crop (1) in paragraph (1)(F), by striking ‘‘Except as (4) as paragraphs (2) through (5), respectively; years 2002 through 2007, the marketing allot- otherwise provided in section 359f(c)(8), if’’ and and ments shall not apply to sugar sold— inserting ‘‘If’’; and (2) in paragraph (2), by striking subpara- (2) by inserting before paragraph (2), as so re- ‘‘(A) to facilitate the exportation of such graphs (H) and (I) and inserting the following designated, the following new paragraph (1): sugar to a foreign country, except that such ex- new subparagraph: ‘‘(1) HUMAN CONSUMPTION.—The term ‘human ports of sugar shall not be eligible to receive ‘‘(H) NEW ENTRANTS STARTING PRODUCTION, consumption’, when used in the context of a ref- credits under re-export programs for refined REOPENING, OR ACQUIRING AN EXISTING FACTORY erence to sugar (whether in the form of sugar, sugar or sugar containing products administered WITH PRODUCTION HISTORY.— in-process sugar, syrup, molasses, or in some by the Secretary; ‘‘(B) to enable another processor to fulfill an ‘‘(i) ALLOCATION FOR A NEW ENTRANT THAT other form) for human consumption, includes allocation established for such other processor, HAS CONSTRUCTED A NEW FACTORY OR REOPENED sugar for use in human food, beverages, or simi- except that such sales must be made before May A FACTORY THAT WAS NOT OPERATING SINCE BE- lar products.’’. 1 and must be reported to the Secretary; or FORE 1998.—If a New Entrant constructs a new (b) SUGAR ALLOTMENTS.—Section 359b of the ‘‘(C) for uses other than domestic human con- sugar beet processing factory, or acquires and Agricultural Adjustment Act of 1938 (7 U.S.C. sumption. reopens a sugar beet processing factory that last 1359bb) is amended to read as follows: ‘‘(d) PROHIBITIONS.— processed sugar beets prior to the 1998 crop year ‘‘SEC. 359b. FLEXIBLE MARKETING ALLOTMENTS ‘‘(1) IN GENERAL.—During any crop year or and there is no allocation currently associated FOR SUGAR. portion thereof for which marketing allotments with the factory, the Secretary shall— ‘‘(a) SUGAR ESTIMATES.— have been established, no processor of sugar ‘‘(I) assign an allocation for beet sugar to the ‘‘(1) IN GENERAL.—Not later than August 1 be- beets or sugarcane shall market for domestic New Entrant that provides a fair and equitable fore the beginning of each of the 2008 through human consumption a quantity of sugar in ex- distribution of the allocations for beet sugar in 2012 crop years for sugarcane and sugar beets, cess of the allocation established for such proc- order to enable the New Entrant to achieve a the Secretary shall estimate— essor, except to enable another processor to ful- factory utilization rate comparable to the fac- ‘‘(A) the quantity of sugar that will be subject fill an allocation established for such other tory utilization rates of other similarly situated to human consumption in the United States dur- processor or to facilitate the exportation of such processors; and ing the crop year; sugar. ‘‘(II) reduce the allocations for beet sugar of ‘‘(B) the quantity of sugar that would provide ‘‘(2) CIVIL PENALTY.—Any processor who all other processors on a pro rata basis to reflect for reasonable carryover stocks; knowingly violates paragraph (1) shall be liable the allocation to the New Entrant.

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‘‘(ii) ALLOCATION FOR A NEW ENTRANT THAT ‘‘(2) CONVERTED ACREAGE BASE.— cation that equals the grower’s contribution to HAS ACQUIRED AN EXISTING FACTORY WITH A PRO- ‘‘(A) IN GENERAL.—Sugarcane base acreage es- the processing company’s allocation for the sug- DUCTION HISTORY.—If a New Entrant acquires tablished under section 359f(c) that has been or arcane base acres being transferred.’’. an existing factory that has processed sugar is converted to non-agricultural use on or after (h) APPEALS.—Section 359i of the Agricultural beets from the 1998 or later crop years and has May 13, 2002, may be transferred to other land Adjustment Act of 1938 (7 U.S.C. 1359ii) is a production history, then, upon the mutual suitable for the production of sugarcane that amended— agreement of the New Entrant and the company can be delivered to a processor in a propor- (1) in subsection (a), by inserting ‘‘or 359g(d)’’ currently holding the allocation associated with tionate share State in accordance with this after ‘‘359f’’; and the factory, the Secretary shall transfer to the paragraph. (2) by striking subsection (c). New Entrant a portion of allocation of the cur- ‘‘(B) NOTIFICATION.—Not later than 90 days (i) ADMINISTRATION OF TARIFF RATE rent allocation holder to reflect the historical after the date of the enactment of the Farm, Nu- QUOTAS.—The Agricultural Adjustment Act of contribution of the production of the acquired trition, and Bioenergy Act of 2007, or the subse- 1938 is amended by striking section 359k (7 factory to the total allocation of the current al- quent conversion of sugarcane base acreage to a U.S.C. 1359kk) and inserting the following new location holder. In the absence of mutual agree- non-agricultural use, the Secretary, acting section: ment, the new entrant shall be ineligible for a through the Farm Service Agency, shall notify ‘‘SEC. 359k. ADMINISTRATION OF TARIFF RATE beet sugar allocation. the affected landowner (or landowners) of the QUOTAS. ‘‘(iii) APPEALS.—Any decision made under this transferability of the applicable sugarcane base ‘‘(a) ESTABLISHMENT.—Notwithstanding any subsection may be appealed to the Secretary acreage. other provision of law, at the beginning of the pursuant to section 359i. ‘‘(C) INITIAL TRANSFER PERIOD.—The owner of quota year, the Secretary shall establish the tar- ‘‘(iv) DEFINITION.—In this subparagraph, the the base attributable to the acreage at the time iff-rate quotas for raw cane sugar and refined term ‘New Entrant’ means an individual, cor- of the conversion shall be afforded 90 days from sugars at the minimum necessary to comply with poration, or other entity that does not have an the date of the receipt of the notification under obligations under international trade agree- allocation of the beet sugar allotment under this subparagraph (B) to transfer the base to one or ments that have been approved by the Congress. part, is not affiliated with any other individual, more farms owned by the owner. This subsection shall not apply to specialty corporation, or entity that has an allocation of ‘‘(D) GROWER OF RECORD.—If the transfer sugar. beet sugar under this part (known as a ‘third under subparagraph (C) cannot be accomplished ‘‘(b) ADJUSTMENT.— party’), and will process sugar beets produced within the time period prescribed in such sub- ‘‘(1) BEFORE APRIL 1.— by sugar beet growers under contract with the paragraph, then the grower of record with re- ‘‘(A) INITIAL ADJUSTMENT REQUIRED.—Before New Entrant for the production of sugar at the gard to the base acreage on the date on which April 1 of a fiscal year, in the event that there new or re-opened factory that is the basis for the acreage was converted to non-agricultural is an emergency shortage of sugar in the United the New Entrant allocation. use shall be so notified, and shall be afforded 90 States market that is caused by war, floods, ‘‘(v) AFFILIATION.—For purposes of this sub- days from the date of the receipt of such notifi- hurricanes, or other natural disaster, or other paragraph, a New Entrant and a third party cation to transfer the base to one or more farms similar event, the Secretary shall take action to shall be deemed to be ‘affiliated’ if— operated by the grower. increase supply as provided under sections ‘‘(I) the third party has an ownership interest ‘‘(E) POOL DISTRIBUTION.—If the transfers 359c(b)(2) and 359e(b), including an increase in in the New Entrant; under subparagraphs (B) and (C) cannot be ac- the tariff-rate quota for raw cane sugar to ac- ‘‘(II) the New Entrant and the third party complished within the time periods prescribed commodate the reassignment to imports. have owners in common; therein, then the county committee for the ap- ‘‘(B) ADDITIONAL ADJUSTMENT.—If, after ad- ‘‘(III) the third party has the ability to exer- plicable parish shall place the acreage base in a justment under subparagraph (A), there is still cise control over the New Entrant by organiza- pool for possible assignment to other farms. a shortage of sugar in the United States market, tional rights, contractual rights, or any other After providing reasonable notice to farm own- and marketings of domestic sugar have been means; ers, operators, and growers of record in the par- maximized, the Secretary may increase the tar- ‘‘(IV) the third party has a contractual rela- ish, the county committee shall accept requests iff-rate quota for refined sugars sufficient to ac- tionship with the New Entrant by which the from owners, operators, and growers of record in commodate the supply increase, if such further New Entrant will make use of the facilities or the parish. The county committee shall assign increase will not threaten to result in the for- assets of such third party; or the base to other farms in the parish that are el- feiture of sugar pledged as collateral for a loan ‘‘(V) any other similar circumstance exists by igible and capable of accepting such base, based under section 156 of the Federal Agriculture Im- which the Secretary determines that the New on a random drawing from among the requests provement and Reform Act of 1996 (7 U.S.C. Entrant and the third party are affiliated.’’. received from owners, operators, and growers of 7272). (e) REASSIGNMENT OF DEFICITS.—Section record with eligible farms. ‘‘(2) ON OR AFTER APRIL 1.— 359e(b) of the Agricultural Adjustment Act of ‘‘(F) STATEWIDE REALLOCATION.—Any base re- ‘‘(A) INITIAL ADJUSTMENT AUTHORIZED.—On 1938 (7 U.S.C. 1359ee(b)) is amended in both maining unassigned after the processes in sub- or after April 1 of a fiscal year, the Secretary paragraphs (1)(D) and (2)(C) by inserting ‘‘of paragraphs (A) through (E) shall be made avail- may take action to increase supply as provided raw cane sugar’’ after ‘‘imports’’. able to the State committee for allocation among under sections 359c(b)(2) and 359e(b), including (f) PROVISIONS APPLICABLE TO PRODUCERS.— the remaining county committees in the State an increase in the tariff-rate quota for raw cane Section 359f(c) of the Agricultural Adjustment representing parishes with farms eligible for as- sugar to accommodate the reassignment to im- Act of 1938 (7 U.S.C. 1359ff(c)) is amended— signment of the base. The remaining base shall ports. (1) in paragraph (2), by striking ‘‘quantity of be reallocated to requesting county committees ‘‘(B) ADDITIONAL ADJUSTMENT.—If, after ad- sugarcane’’ and inserting ‘‘quantity of sugar based on a random drawing. Any county com- justment under subparagraph (A), there is still produced from sugarcane’’; mittee receiving base under this subparagraph a shortage of sugar in the United States market, (2) in paragraph (5)(C), by inserting ‘‘for shall allocate the base to eligible farms using the and marketings of domestic sugar have been sugar’’ before ‘‘in excess of the farm’s propor- process described in subparagraph (E). maximized, the Secretary may increase the tar- tionate share’’; ‘‘(G) STATUS OF REASSIGNED BASE.—Once reas- iff-rate quota for raw cane sugar if such further (3) in paragraph (7), by striking ‘‘amount of signed pursuant to this paragraph, the acreage increase will not threaten to result in the for- sugarcane’’ and inserting ‘‘amount of sugar base shall remain on the farm, and will be sub- feiture of sugar pledged as collateral for a loan from sugarcane’’; and ject to the transfer provisions of paragraph under section 156 of the Federal Agriculture Im- (4) by striking paragraph (8) and inserting the (1).’’; provement and Reform Act of 1996 (7 U.S.C. following new paragraph: (2) by striking subsection (d) and inserting the 7272). ‘‘(8) SEED DEFINITION.—In this subsection, the following new subsection: ‘‘(c) ORDERLY SHIPPING PATTERNS FOR MAJOR term ‘seed’ includes only varieties of seed dedi- ‘‘(d) TRANSFERS OF MILL ALLOCATIONS.— SUPPLIERS.— cated to the production of sugarcane from ‘‘(1) TRANSFER AUTHORIZED.—A producer in a ‘‘(1) IN GENERAL.—The Secretary of Agri- which is produced sugar for human consump- proportionate share State, upon written consent culture shall establish orderly shipping patterns tion, and excludes seed of high-fiber cane vari- from all affected crop-share owners (or the rep- for major suppliers of sugar to the United States eties dedicated to other uses, as determined by resentative of the crop-share owners) of a farm under the tariff rate quotas in accordance with the Secretary.’’. may deliver sugarcane to another processing this subsection. (g) SPECIAL RULES.—Section 359g of the Agri- company if the additional delivery, when com- ‘‘(2) VERY LARGE MAJOR SUPPLIERS.—If a cultural Adjustment Act of 1938 (7 U.S.C. bined with such other processing company’s ex- country holds quota allocations of at least 1359gg) is amended— isting deliveries, does not exceed the processing 100,000 metric tons of sugar, the Secretary shall (1) by striking subsection (a) and inserting the capacity of the company. allow the country to export up to 25 percent of following new subsection: ‘‘(2) ALLOCATION ADJUSTMENT.—Notwith- the country’s quota allocation to the United ‘‘(a) TRANSFER OF ACREAGE BASE HISTORY.— standing section 359d, the Secretary shall adjust States in each calendar quarter. Sugar per- ‘‘(1) TRANSFER AUTHORIZED.—For the purpose the allocations of each of such processing com- mitted to enter into the United States in a cal- of establishing proportionate shares for sugar- panies affected by a transfer under paragraph endar quarter, but not actually entered in that cane farms under section 359f(c), the Secretary, (1) to reflect the change in deliveries, based on— quarter, may be entered into the United States on application of any producer, with the writ- ‘‘(A) the number of acres of sugarcane base at any time during the remainder of the fiscal ten consent of all owners of a farm, may trans- being transferred; and year. fer the acreage base history of the farm to any ‘‘(B) the pro-rata amount of allocation at the ‘‘(3) LARGE MAJOR SUPPLIERS.—For countries other parcels of land of the applicant. processing company holding the applicable allo- holding quota allocations of more than 45,000

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00136 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.005 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8973

metric tons of sugar, but less than 100,000 metric lion pounds of nonfat dry milk, the Secretary (e) DURATION.—No forward price contract tons of sugar, the Secretary shall require that may reduce the purchase price under subsection may be entered into under this program after the country may ship not more than 50 percent (b)(4) during the immediately following month September 30, 2012, and no forward contract en- of the country’s quota sugar to the United by not more than 10 cents per pound. tered into under the program may extend be- States in the first six months of the year.’’. (d) UNIFORM PURCHASE PRICE.—The prices yond September 30, 2015. (j) EFFECTIVE DATE.—The Agricultural Ad- that the Secretary pays for cheese, butter, or SEC. 1403. DAIRY EXPORT INCENTIVE PROGRAM. justment Act of 1938 is amended by inserting nonfat dry milk, respectively, under subsection (a) EXTENSION.—Subsection (a) of section 153 after section 359k (7 U.S.C. 1359kk) the fol- (a) shall be uniform for all regions of the United of the Food Security Act of 1985 (15 U.S.C. 713a– lowing new section: States. 14) is amended by striking ‘‘2007’’ and inserting ‘‘SEC. 359l. EFFECTIVE PERIOD. (e) SALES FROM INVENTORIES.—In the case of ‘‘2012’’. ‘‘This part shall be effective only for the 2008 each commodity specified in subsection (b) that (b) COMPLIANCE WITH TRADE AGREEMENTS.— through 2012 crop years for sugar.’’. is available for unrestricted use in inventories of Section 153 of the Food Security Act of 1985 (15 (k) TRANSITION.—The Secretary of Agriculture the Commodity Credit Corporation, the Sec- U.S.C. 713a–14) is amended— shall administer flexible marketing allotments retary may sell the commodity at the market (1) in subsection (c), by striking paragraph (3) for sugar for the 2007 crop year for sugar on the prices prevailing for that commodity at the time and inserting the following new paragraph: terms and conditions provided in part VII of of sale, except that the sale price may not be less ‘‘(3) the maximum volume of dairy product ex- title III of the Agricultural Adjustment Act of than 110 percent of the minimum purchase price ports allowable consistent with the obligations 1938, as in effect on the day before the date of specified in subsection (b) for that commodity. of the United States under the Uruguay Round the enactment of this Act. (f) NET REMOVALS DEFINED.—In this section, Agreements approved under section 101 of the Subtitle D—Dairy-Related Provisions the term ‘‘net removals’’ means— Uruguay Round Agreements Act (19 U.S.C. 3511) (1) the sum of the quantity of a product de- is exported under the program each year (minus SEC. 1401. DAIRY PRODUCT PRICE SUPPORT PRO- scribed in subsection (a) purchased by the Com- GRAM. the volume sold under section 1163 of this Act modity Credit Corporation under this section (Public Law 99–198; 7 U.S.C. 1731 note) during (a) SUPPORT ACTIVITIES.—During the period and the quantity of such product exported that year), except to the extent that the export beginning on January 1, 2008, through December under section 153 of the Food Security Act of 31, 2012, the Secretary of Agriculture shall sup- of such a volume under the program would, in 1985 (15 U.S.C. 713a–14); less the judgment of the Secretary, exceed the limita- port the price of cheddar cheese, butter, and (2) the amount of such product sold for unre- nonfat dry milk through the purchase of such tions on the value set forth in subsection (f); stricted use by the Commodity Credit Corpora- and’’; and. products made from milk produced in the United tion. States. (2) in subsection (f), by striking paragraph (1) (g) COMMODITY CREDIT CORPORATION.—The (b) PURCHASE PRICE.—To carry out subsection and inserting the following new paragraph: Secretary shall use the funds of the Commodity (a) during the period specified in such sub- ‘‘(1) FUNDS AND COMMODITIES.—Except as pro- Credit Corporation to carry out this section. section, the Secretary shall purchase— vided in paragraph (2), the Commodity Credit (1) cheddar cheese in blocks at not less than SEC. 1402. DAIRY FORWARD PRICING PROGRAM. Corporation shall in each year use money and $1.13 per pound; (a) PROGRAM REQUIRED.—The Secretary of commodities for the program under this section (2) cheddar cheese in barrels at not less than Agriculture shall establish a program under in the maximum amount consistent with the ob- $1.10 per pound; which milk producers and cooperative associa- ligations of the United States under the Uru- (3) butter at not less than $1.05 per pound; tions of producers are authorized to voluntarily guay Round Agreements approved under section and enter into forward price contracts with milk 101 of the Uruguay Round Agreements Act (19 (4) nonfat dry milk at not less than $0.80 per handlers. U.S.C. 3511), minus the amount expended under pound. (b) MINIMUM MILK PRICE REQUIREMENTS.— section 1163 of this Act (Public Law 99–198; 7 (c) TEMPORARY PRICE ADJUSTMENT TO AVOID Payments made by milk handlers to milk pro- U.S.C. 1731 note) during that year.’’. EXCESS INVENTORIES.— ducers and cooperative associations of pro- SEC. 1404. REVISION OF FEDERAL MARKETING (1) ADJUSTMENTS AUTHORIZED.—The Secretary ducers, and prices received by milk producers ORDER AMENDMENT PROCEDURES. may adjust the minimum purchase prices estab- and cooperative associations, in accordance Subsection (17) of section 8c of the Agricul- lished under subsection (b) only as permitted with the terms of a forward price contract au- tural Adjustment Act (7 U.S.C. 608c), reenacted under this subsection. thorized by subsection (a), shall be deemed to with amendments by the Agricultural Marketing (2) CHEESE INVENTORIES IN EXCESS OF 200 MIL- satisfy — Agreement Act of 1937, is amended to read as LION POUNDS.—If net removals for a period of 12 (1) all uniform and minimum milk price re- follows: consecutive months exceed 200 million pounds of quirements of paragraphs (B) and (F) of sub- ‘‘(17) PROVISIONS APPLICABLE TO AMEND- cheese, but do not exceed 400 million pounds, section (5) of section 8c of the Agricultural Ad- MENTS.— the Secretary may reduce the purchase prices justment Act (7 U.S.C. 627), reenacted with ‘‘(A) APPLICABILITY TO AMENDMENTS.—The under paragraphs (1) and (2) of subsection (b) amendments by the Agricultural Marketing provisions of this section and section 8d, appli- during the immediately following month by not Agreement Act of 1937; and cable to orders shall be applicable to amend- more than 10 cents per pound. (2) the total payment requirement of para- ments to orders. (3) CHEESE INVENTORIES IN EXCESS OF 400 MIL- graph (C) of such subsection. ‘‘(B) ADVANCE NOTICE OF HEARING.—Notice of LION POUNDS.—If net removals for a period of 12 (c) MILK COVERED BY PROGRAM.— a hearing upon a proposed amendment to any consecutive months exceed 400 million pounds of (1) COVERED MILK.—The program shall apply order issued pursuant to this section shall be cheese, the Secretary may reduce the purchase only with respect to the marketing of federally given not less than 3 days before the date fixed prices under paragraphs (1) and (2) of sub- regulated milk that— for the hearing, and such notice shall be deemed section (b) during the immediately following (A) is not classified as Class I milk or other- to be due notice of the hearing. month by not more than 20 cents per pound. wise intended for fluid use; and ‘‘(C) PROMPT RESPONSE TO REQUESTS FOR (4) BUTTER INVENTORIES IN EXCESS OF 450 MIL- (B) is in the current of interstate or foreign AMENDMENT HEARINGS.—Not more than 30 days LION POUNDS.—If net removals for a period of 12 commerce or directly burdens, obstructs, or af- after receipt of a written request for an amend- consecutive months exceed 450 million pounds of fects interstate or foreign commerce in federally ment hearing regarding a milk marketing order, butter, but do not exceed 650 million pounds, the regulated milk. the Secretary shall— Secretary may reduce the purchase price under (2) RELATION TO CLASS I MILK.—To assist milk ‘‘(i) issue a denial of the request; or subsection (b)(3) during the immediately fol- handlers in complying with the limitation in ‘‘(ii) issue notice of the hearing, which shall lowing month by not more than 10 cents per paragraph (1)(A) without having to segregate or begin no more than 60 days, and conclude no pound. otherwise individually track the source and dis- more than 90 days, after receipt of the request. (5) BUTTER INVENTORIES IN EXCESS OF 650 MIL- position of milk, a milk handler may allocate ‘‘(D) SUBMISSION AND USE OF EVIDENCE.—The LION POUNDS.—If net removals for a period of 12 milk receipts from producers, cooperatives, and proponents of any amendment proposed to be consecutive months exceed 650 million pounds of other sources that are not subject to a forward made to a milk marketing order shall file with butter, the Secretary may reduce the purchase contract to satisfy the handler’s obligations the Secretary all testimony and other evidence price under subsection (b)(3) during the imme- with regard to Class I milk usage. in support of the amendment, in written form, diately following month by not more than 20 (d) VOLUNTARY PROGRAM.—A milk handler at least 7 business days before the date fixed for cents per pound. may not require participation in a forward pric- the hearing. The Secretary shall make such (6) NONFAT DRY MILK INVENTORIES IN EXCESS ing contract as a condition of the handler re- written testimony and other evidence available OF 600 MILLION POUNDS.—If net removals for a ceiving milk from a producer or cooperative as- to interested members of the public. Subject to period of 12 consecutive months exceed 600 mil- sociation of producers, and such producer or co- any evidentiary objections and cross examina- lion pounds of nonfat dry milk, but do not ex- operative association may continue to have their tion of submitting witness, the written testimony ceed 800 million pounds, the Secretary may re- milk priced under the order’s minimum payment and evidence shall be entered into evidence duce the purchase price under subsection (b)(4) provisions. The Secretary shall investigate com- without being read at the hearing. during the immediately following month by not plaints made by producers or cooperative asso- ‘‘(E) ISSUANCE OF DECISION.—The Secretary more than 5 cents per pound. ciations of coercion by handlers to enter into shall issue a recommended decision on a pro- (7) NONFAT DRY MILK INVENTORIES IN EXCESS forward contracts, and if the Secretary finds posed amendment to a milk marketing order not OF 800 MILLION POUNDS.—If net removals for a evidence of such coercion, the Secretary shall later than 90 days after the date set by the Ad- period of 12 consecutive months exceed 800 mil- take appropriate action. ministrative Law Judge for the submission of

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00137 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.005 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8974 CONGRESSIONAL RECORD — HOUSE July 30, 2007 post-hearing proposed findings and conclusions (1) ensuring that the competitiveness of dairy ity and minority findings regarding those mat- and written arguments or briefs. The final deci- products with other competing products in the ters for which consensus was not reached. sion shall be issued not later than 60 days after marketplace is preserved and enhanced; (e) ADVISORY NATURE.—The commission is the date on which the recommended decision (2) enhancing the competitiveness of American wholly advisory in nature, and the rec- was issued. dairy producers in world markets; ommendations of the commission are non-bind- ‘‘(F) AVOIDING DUPLICATION.—The Secretary (3) increasing the responsiveness of the Fed- ing. shall not be required to call a hearing on any eral milk marketing order system to market (f) NO EFFECT ON EXISTING PROGRAMS.—The amendment proposed to be made to a milk mar- forces; Secretary shall not allow the existence of the keting order in response to an application for a (4) streamlining and expediting the process by commission to impede, delay, or otherwise affect hearing on such proposed amendment if the ap- which amendments to Federal milk market or- any decision making process of the Department plication requesting the hearing is received by ders are adopted; of Agriculture, including any rulemaking proce- the Secretary within 90 days after the date on (5) simplifying the Federal milk marketing dures planned, proposed, or near completion. which the Secretary has announced the decision order system; (g) ADMINISTRATIVE ASSISTANCE.—The Sec- on a previously proposed amendment to that (6) evaluating whether the Federal milk mar- retary shall provide administrative support to order and the two proposed amendments are es- keting order system, established during the the commission, and expend such funds as nec- sentially the same.’’. Great Depression, continues to serve the inter- essary from existing budget authority to carry out this responsibility. SEC. 1405. DAIRY INDEMNITY PROGRAM. ests of the public, dairy processors, and dairy farmers; (h) AUTHORIZATION OF APPROPRIATIONS.— Section 3 of Public Law 90–484 (7 U.S.C. 450l) There are authorized to be appropriated such is amended by striking ‘‘2007’’ and inserting (7) evaluating whether Federal milk mar- keting orders are operating in a manner to mini- sums as are necessary to carry out this section. ‘‘2012’’. (i) TERMINATION.—The commission shall ter- mize costs to taxpayers and consumers; and SEC. 1406. EXTENSION OF MILK INCOME LOSS minate immediately after submission of the re- (8) evaluating the nutritional composition of CONTRACT PROGRAM. port under subsection (d). milk, including the potential benefits and costs Section 1502(c)(3)(B) of the Farm Security and of adjusting the milk content standards. Subtitle E—Administration Rural Investment Act of 2002 (7 U.S.C. (c) MEMBERSHIP.— SEC. 1501. ADMINISTRATION GENERALLY. 7982(c)(3)(B)), as amended by section 9006(a) of (1) COMPOSITION.—The commission shall con- (a) USE OF COMMODITY CREDIT CORPORA- the U.S. Troop Readiness, Veterans’ Care, sist of 16 members. TION.—The Secretary shall use the funds, facili- Katrina Recovery, and Iraq Accountability Ap- (2) MEMBERS.—As soon as practicable after ties, and authorities of the Commodity Credit propriations Act, 2007 (Public Law 110–28, 121 the date on which funds are first made available Corporation to carry out this title. Stat. 217), is amended by striking ‘‘2007’’ and in- to carry out this section, commission members (b) DETERMINATIONS BY SECRETARY.—A deter- serting ‘‘2012’’. shall be appointed as follows: mination made by the Secretary under this title SEC. 1407. DAIRY PROMOTION AND RESEARCH (A) Two members appointed by the Chairman shall be final and conclusive. PROGRAM. of the Committee on Agriculture of the House of (c) REGULATIONS.— (a) EXTENSION OF PROMOTION AUTHORITY.— Representatives, in consultation with the rank- (1) IN GENERAL.—Not later than 90 days after Section 113(e)(2) of the Dairy Production Sta- ing member of the Committee on Agriculture of the date of the enactment of this Act, the Sec- bilization Act of 1983 (7 U.S.C. 4504(e)(2)) is the House of Representatives. retary and the Commodity Credit Corporation, amended by striking ‘‘2007’’ and inserting (B) Two members appointed by the Chairman as appropriate, shall promulgate such regula- ‘‘2012’’. of the Committee on Agriculture, Nutrition, and tions as are necessary to implement this title. (2) PROCEDURE.—The promulgation of the reg- (b) DEFINITION OF UNITED STATES FOR PRO- Forestry of the Senate, in consultation with the ulations and administration of this title shall be MOTION PROGRAM.—Section 111 of the Dairy ranking member of the Committee on Agri- Production Stabilization Act of 1983 (7 U.S.C. made without regard to— culture, Nutrition and Forestry of the Senate. (A) chapter 35 of title 44, United States Code 4502) is amended— (C) Fourteen members appointed by the Sec- (1) by striking subsection (l) and inserting the (commonly known as the ‘‘Paperwork Reduction retary of Agriculture. Act’’); following new subsection: (3) SPECIAL APPOINTMENT REQUIREMENTS.—In ‘‘(l) the term ‘United States’, when used in a (B) the Statement of Policy of the Secretary of the case of the members to be appointed under Agriculture effective July 24, 1971 (36 Fed. Reg. geographical sense, means all of the States, the paragraph (2)(E), the Secretary shall comply District of Columbia, and the Commonwealth of 13804), relating to notices of proposed rule- with the following requirements: making and public participation in rulemaking; Puerto Rico;’’; and (A) At least one member shall represent a na- (2) in subsection (m), by striking ‘‘(as defined and tional consumer organization. (C) the notice and comment provisions of sec- in subsection (l))’’. (B) At least four members shall represent tion 553 of title 5, United States Code. (c) DEFINITION OF UNITED STATES FOR RE- land-grant universities or ASCARR institution (3) CONGRESSIONAL REVIEW OF AGENCY RULE- SEARCH PROGRAM.—Section 130 of the Dairy with accredited dairy economic programs, with MAKING.—In carrying out this subsection, the Production Stabilization Act of 1983 (7 U.S.C. two of these members being experts in the field Secretary shall use the authority provided 4531)) is amended by striking paragraph (12) of economics. under section 808 of title 5, United States Code. and inserting the following new paragraph: (C) At least one member shall represent the (d) ADJUSTMENT AUTHORITY RELATED TO ‘‘(12) the term ‘United States’, when used in a food and beverage retail sector. TRADE AGREEMENTS COMPLIANCE.— geographical sense, means all of the States, the (D) Four dairy producer and four dairy proc- (1) REQUIRED DETERMINATION; ADJUSTMENT.— District of Columbia, and the Commonwealth of essors, appointed so as to balance geographical If the Secretary determines that expenditures Puerto Rico.’’. distribution of milk production and dairy proc- under subtitles A through E that are subject to SEC. 1408. REPORT ON DEPARTMENT OF AGRI- essing, reflect all segments of dairy processing, the total allowable domestic support levels CULTURE REPORTING PROCEDURES and represent all regions of the United States under the Uruguay Round Agreements (as de- FOR NONFAT DRY MILK. equitably, including States that operate outside fined in section 2 of the Uruguay Round Agree- Not later than 90 days after the date of the of a Federal milk marketing order. ments Act (19 U.S.C. 3501)), as in effect on the enactment of this Act, the Secretary of Agri- (4) CHAIR.—The commission shall elect one of date of enactment of this Act, will exceed such culture shall submit to Congress a report regard- its appointed members to serve as chairperson allowable levels for any applicable reporting pe- ing Department of Agriculture reporting proce- for the duration of the commission’s pro- riod, the Secretary shall, to the maximum extent dures for nonfat dry milk and the impact of ceedings. practicable, make adjustments in the amount of these procedures on Federal milk marketing (5) VACANCY.—Any vacancy occurring before such expenditures during that period to ensure order minimum prices during the period begin- the termination of the commission shall be filled that such expenditures do not exceed such al- ning on July 1, 2006, and ending on the date of in the same manner as the original appointment. lowable levels. the enactment of this Act. (6) COMPENSATION.—Members of the commis- (2) CONGRESSIONAL NOTIFICATION.—Before SEC. 1409. FEDERAL MILK MARKETING ORDER RE- sion shall serve without compensation, but shall making any adjustment under paragraph (1), VIEW COMMISSION. be reimbursed by the Secretary of Agriculture the Secretary shall submit to the Committee on (a) ESTABLISHMENT.—Subject to the avail- from existing budget authority for necessary Agriculture of the House of Representatives or ability of appropriations to carry out this sec- and reasonable expenses incurred in the per- the Committee on Agriculture, Nutrition, and tion, the Secretary of Agriculture shall establish formance of the duties of the commission. Forestry of the Senate a report describing the a commission to be known as the ‘‘Federal Milk (d) REPORT.—Not later than two years after determination made under that paragraph and Marketing Order Review Commission’’, in this the date of the first meeting of the commission, the extent of the adjustment to be made. section referred to as the ‘‘commission’’, which the commission shall submit to the Secretary of SEC. 1502. SUSPENSION OF PERMANENT PRICE shall conduct a comprehensive review and eval- Agriculture and Congress a report setting forth SUPPORT AUTHORITY. uation of— the results of the review and evaluation con- (a) AGRICULTURAL ADJUSTMENT ACT OF (1) the current Federal milk marketing order ducted under this section, including such rec- 1938.—The following provisions of the Agricul- system; and ommendations regarding the legislative and reg- tural Adjustment Act of 1938 shall not be appli- (2) non-Federal milk marketing order systems. ulatory options considered under subsection (b) cable to the 2008 through 2012 crops of covered (b) ELEMENTS OF REVIEW AND EVALUATION.— as the commission considers to be appropriate. commodities, peanuts, and sugar and shall not As part of the review and evaluation under sub- The report findings shall reflect, to the extent be applicable to milk during the period begin- section (a), the commission shall consider legis- practicable, a consensus opinion of the commis- ning on the date of enactment of this Act lative and regulatory options for— sion members, but the report may include major- through December 31, 2012:

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00138 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.006 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8975 (1) Parts II through V of subtitle B of title III (1) in subsection (a)— under the age of 18 will not be attributed to the (7 U.S.C. 1326 et seq.). (A) by redesignating paragraphs (2) and (3) as child’s parents. (2) In the case of upland cotton, section 377 (7 paragraphs (4) and (5), respectively; and ‘‘(2) MARKETING COOPERATIVES.—Subsections U.S.C. 1377). (B) by inserting after paragraph (1) the fol- (b) and (c) shall not apply to a cooperative asso- (3) Subtitle D of title III (7 U.S.C. 1379a et lowing new paragraphs: ciation of producers with respect to commodities seq.). ‘‘(2) LEGAL ENTITY.—The term ‘legal entity’ produced by its members which are marketed by (4) Title IV (7 U.S.C. 1401 et seq.). means an entity that is created under Federal or such association on behalf of its members but (b) AGRICULTURAL ACT OF 1949.—The fol- State law and that— shall apply to such producers as persons. lowing provisions of the Agricultural Act of 1949 ‘‘(A) owns land or an agricultural commodity; ‘‘(3) TRUSTS AND ESTATES.— shall not be applicable to the 2008 through 2012 or ‘‘(A) IN GENERAL.—With respect to irrevocable crops of covered commodities, peanuts, and ‘‘(B) produces an agricultural commodity. trusts and estates, the Secretary shall admin- sugar and shall not be applicable to milk during ‘‘(3) PERSON.—The term ‘person’ means a nat- ister the provisions of this subtitle in such man- the period beginning on the date of enactment ural person, and does not include a legal enti- ner as the Secretary determines will ensure that of this Act and through December 31, 2012: ty.’’; fair and equitable treatment of the beneficiaries (1) Section 101 (7 U.S.C. 1441). (2) by striking subsections (d) through (e) and of such trusts and estates. (2) Section 103(a) (7 U.S.C. 1444(a)). inserting the following new subsections: ‘‘(B) IRREVOCABLE TRUST.—In order for a (3) Section 105 (7 U.S.C. 1444b). ‘‘(d) ATTRIBUTION OF PAYMENTS.— trust to be considered an irrevocable trust, the (4) Section 107 (7 U.S.C. 1445a). ‘‘(1) IN GENERAL.—In implementing sub- terms of the trust agreement must not allow for (5) Section 110 (7 U.S.C. 1445e). sections (b) and (c), the Secretary shall issue modification or termination of the trust by the (6) Section 112 (7 U.S.C. 1445g). such regulations as are necessary to ensure that grantor, allow for the grantor to have any fu- (7) Section 115 (7 U.S.C. 1445k). the total amount of payments are attributed to ture, contingent, or remainder interest in the (8) Section 201 (7 U.S.C. 1446). a person by taking into account the direct and corpus of the trust, or provide for the transfer of (9) Title III (7 U.S.C. 1447 et seq.). indirect ownership interests of the person in a the corpus of the trust to the remainder bene- (10) Title IV (7 U.S.C. 1421 et seq.), other than legal entity that is eligible to receive such pay- ficiary in less than 20 years from the date the sections 404, 412, and 416 (7 U.S.C. 1424, 1429, ments. trust is established except in cases where the and 1431). ‘‘(2) PAYMENTS TO A PERSON.—Every payment transfer is contingent on the remainder bene- (11) Title V (7 U.S.C. 1461 et seq.). made directly to a person shall be combined with ficiary achieving at least the age of majority or (12) Title VI (7 U.S.C. 1471 et seq.). the person’s pro rata interest in payments re- is contingent on the death of the grantor or in- (c) SUSPENSION OF CERTAIN QUOTA PROVI- ceived by a legal entity in which the person has come beneficiary. SIONS.—The joint resolution entitled ‘‘A joint a direct or indirect ownership interest. ‘‘(C) REVOCABLE TRUST.—A revocable trust resolution relating to corn and wheat marketing ‘‘(3) PAYMENTS TO A LEGAL ENTITY.— shall be considered to be the same person as the quotas under the Agricultural Adjustment Act ‘‘(A) IN GENERAL.—Every payment made to a grantor of the trust. of 1938, as amended’’, approved May 26, 1941 (7 legal entity shall be attributed to those persons ‘‘(4) CASH RENT TENANTS.— U.S.C. 1330 and 1340), shall not be applicable to who have a direct or indirect ownership interest ‘‘(A) DEFINITION.—In this paragraph, the the crops of wheat planted for harvest in the in the legal entity. term ‘cash rent tenant’ means a person or legal calendar years 2008 through 2012. ‘‘(B) ATTRIBUTION OF PAYMENTS.— entity that rents land— SEC. 1503. PAYMENT LIMITATIONS. ‘‘(i) PAYMENT LIMITS.—Except as provided in ‘‘(i) for cash; or (a) EXTENSION AND REVISION OF LIMITA- clause (ii), payments made to a legal entity shall ‘‘(ii) for a crop share guaranteed as to the TIONS.— not exceed the amounts specified in subsections amount of the commodity to be paid in rent. (1) EXTENSION.—Sections 1001 and 1001C(a) of (b) and (c). ‘‘(B) RESTRICTION.—A cash rent tenant who the Food Security Act of 1985 (7 U.S.C. 1308, ‘‘(ii) EXCEPTION.—Payments made to a joint makes a significant contribution of active per- 1308–3(a)) are amended by striking ‘‘Farm Secu- venture or a general partnership shall not ex- sonal management, but not of personal labor, rity and Rural Investment Act of 2002’’ each ceed, for each payment specified in subsections with respect to a farming operation is eligible to place it appears (other than in subsection (d)(1) (b) and (c), the amount determined by multi- receive a payment described in subsection (b) of section 1001 of such Act) and inserting plying the maximum payment amount specified only if the tenant makes a significant contribu- ‘‘Farm, Nutrition, and Bioenergy Act of 2007’’. in subsections (b) and (c) by the number of per- tion of equipment used in the farming operation. (2) COMBINATION OF LIMITS.—Section 1001 of sons and legal entities (other than joint ven- ‘‘(5) FEDERAL AGENCIES.— the Food Security Act of 1985 (7 U.S.C. 1308) is tures and general partnerships) that comprise ‘‘(A) IN GENERAL.—Federal agencies shall not amended by striking subsections (b) and (c) and the ownership of the joint venture or general be eligible to receive any payment described in inserting the following new subsections: partnership. subsection (b) or (c). ‘‘(B) RENTS LAND.—A person or legal entity ‘‘(b) LIMITATION ON DIRECT AND COUNTER-CY- ‘‘(4) FOUR LEVELS OF ATTRIBUTION FOR EM- that rents land owned by a Federal agency may CLICAL PAYMENTS FOR COVERED COMMODITIES BEDDED ENTITIES.— receive such payments. (OTHER THAN PEANUTS).— ‘‘(A) IN GENERAL.—Attribution of payments ‘‘(6) STATE AND LOCAL GOVERNMENTS.— ‘‘(1) DIRECT PAYMENTS.—The total amount of made to legal entities shall be traced through ‘‘(A) GOVERNMENTS INELIGIBLE.— direct payments received, directly or indirectly, four levels of ownership in entities. ‘‘(i) IN GENERAL.—Except as provided in sub- by a person or any legal entity (except a joint ‘‘(B) FIRST LEVEL.—Any payments made to a paragraphs (B) and (C), State and local govern- venture or a general partnership) in any crop legal entity (a first-tier entity) that is owned in ments and political subdivisions and agencies of year under subtitle A of title I of the Farm, Nu- whole or in part by a person shall be attributed such governments, shall not be eligible to receive trition, and Bioenergy Act of 2007 for 1 or more to the person in an amount that represents the payments described in subsections (b) and (c). covered commodities (except for peanuts) may direct ownership in the first-tier entity by the ‘‘(ii) TENANTS.—A person or legal entity that not exceed $60,000. person. rents land owned by a State or local government ‘‘(2) COUNTER-CYCLICAL PAYMENTS.—The total ‘‘(C) SECOND LEVEL.—Any payments made to or a political subdivision or agency of such gov- amount of counter-cyclical payments received, a first-tier entity that is owned in whole or in ernment, may receive payments described in sub- directly or indirectly, by a person or any legal part by another legal entity (a second-tier enti- sections (b) and (c) if they otherwise meet all entity (except a joint venture or a general part- ty) shall be attributed to the second-tier entity applicable criteria. nership in any crop year under subtitle A of in proportion to the second-tier entity’s owner- ‘‘(B) EXCEPTION.— title I of the Farm, Nutrition, and Bioenergy Act ship in the first-tier entity. If the second-tier en- ‘‘(i) IN GENERAL.—Within the limitation de- of 2007 for one or more covered commodities (ex- tity is owned in whole or in part by a person, scribed in clause (ii), a State and the political cept for peanuts) may not exceed $65,000. the amount of the payment made to the first-tier subdivisions and agencies of such governments, ‘‘(c) LIMITATION ON DIRECT AND COUNTER-CY- entity shall be attributed to the person in the may receive payments described in subsections CLICAL PAYMENTS FOR PEANUTS.— amount that represents the indirect ownership (b) and (c), if the State or a political subdivision ‘‘(1) DIRECT PAYMENTS.—The total amount of in the first-tier entity by the person. or agency of such government— direct payments received, directly or indirectly, ‘‘(D) THIRD AND FOURTH LEVELS.—The Sec- ‘‘(I) is the producer of all crops produced on by a person or any legal entity (except a joint retary shall attribute payments at the third and a farm; and venture or a general partnership) in any crop fourth tiers of ownership in the same manner as ‘‘(II) the proceeds from the crop production year under subtitle A of title I of the Farm, Nu- specified in subparagraph (C) unless the fourth- are used to maintain a public school. trition, and Bioenergy Act of 2007 for peanuts tier of ownership is that of a fourth-tier entity ‘‘(ii) LIMITATION.—For each State, the total may not exceed $60,000. and not that of a person, in which case the Sec- amount of payments described in subsections (b) ‘‘(2) COUNTER-CYCLICAL PAYMENTS.—The total retary shall reduce the amount of the payment and (c) that are received collectively by the amount of counter-cyclical payments received, to be made to the first-tier entity in the amount State and all political subdivisions or agencies directly or indirectly, by a person or any legal that represents the indirect ownership in the of such governments shall not exceed the entity (except a joint venture or a general part- first-tier entity by the fourth-tier entity. amounts that one legal entity may receive in one nership in any crop year under subtitle A of ‘‘(e) SPECIAL RULES.— year as specified in subsections (b) and (c). title I of the Farm, Nutrition, and Bioenergy Act ‘‘(1) MINOR CHILDREN.—Payments received by ‘‘(C) SHARE LEASES.—A State and the political of 2007 for peanuts may not exceed $65,000.’’. a child under the age of 18 shall be attributed to subdivisions and agencies of such governments (b) DIRECT ATTRIBUTION.—Section 1001 of the the child’s parents, except that the Secretary may, without regard to the provisions of sub- Food Security Act of 1985 (7 U.S.C. 1308) is shall issue regulations which provide the condi- paragraph (B), receive payments described in amended— tions under which payments received by a child subsections (b) and (c) if—

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‘‘(i) the payments are received with respect to (d) AMENDMENT FOR CONSISTENCY.—Section member shall be considered to be actively en- land that is share leased to a private party; 1001A of the Food Security Act of 1985 (7 U.S.C. gaged in farming with respect to the farming op- ‘‘(ii) the lease was in effect on the date of en- 1308–1) is amended by striking subsection (b) eration if the person— actment of the Farm, Nutrition, and Bioenergy and inserting the following new subsections: ‘‘(A) makes a significant contribution, based Act of 2007; and ‘‘(b) ACTIVELY ENGAGED.— on the total value of the farming operation, of ‘‘(iii) the land is used to maintain a public ‘‘(1) IN GENERAL.—To be eligible to receive a active personal management or personal labor; school. payment described in subsection (b) and (c) of and ‘‘(7) CHANGES IN FARMING OPERATIONS.—In the section 1001, a person or legal entity must be ac- ‘‘(B) such contribution meets the standards administration of this subtitle, the Secretary tively engaged in farming as provided in this provided in clauses (ii) and (iii) of subsection may not approve any change in a farming oper- subsection or subsection (c). (b)(2)(A). ation that otherwise will increase the number of ‘‘(2) CLASSES ACTIVELY ENGAGED.—Except as ‘‘(3) SHARECROPPER.—A sharecropper who persons to which the limitations under this sec- provided in subsections (c) and (d)— makes a significant contribution of personal tion are applied unless the Secretary determines ‘‘(A) a person, including a person partici- labor to a farming operation shall be considered that the change is bona fide and substantive. pating in a farming operation as a partner in a to be actively engaged in farming with respect to The addition of a family member to a farming general partnership, a participant in a joint the farming operation if such contribution meets operation under the criteria set out in section venture, a grantor of a revocable trust, or a par- the standards provided in clauses (ii) and (iii) of 1001A shall be considered a bona fide and sub- ticipant in a similar entity as determined by the subsection (b)(2)(A). stantive change in the farming operation. secretary, shall be considered to be actively en- ‘‘(4) GROWERS OF HYBRID SEED.—In deter- ‘‘(8) DENIAL OF PROGRAM BENEFITS.— gaged in farming with respect to a farm oper- mining whether a person or legal entity growing ‘‘(A) TWO YEAR DENIAL OF PAYMENT.—A per- ation if— hybrid seed under contract shall be considered son or legal entity shall be ineligible to receive ‘‘(i) the person makes a significant contribu- to be actively engaged in farming, the Secretary payments specified in subsections (b) and (c) for tion (based on the total value of the farming op- shall not take into consideration the existence of that year, and the succeeding crop year, in eration) to the farming operation of— a hybrid seed contract. which the Secretary determines that the person ‘‘(I) capital, equipment, or land; and ‘‘(5) CUSTOM FARMING SERVICES.—A person or or entity engaged in an activity in which the ‘‘(II) personal labor or active personal man- legal entity receiving custom farming services primary purpose of the activity was to avoid the agement; will be considered separately eligible for pay- application of the provisions of this subtitle to ‘‘(ii) the person’s share of the profits or losses ment limitation purposes if such person or legal the person, legal entity or any other person or from the farming operation is commensurate entity is actively engaged in farming based on legal entity. with the contributions of the person to the farm- subsection (b)(2) or paragraphs (1) through (5) ‘‘(B) EXTENDED INELIGIBILITY.—If the Sec- ing operation; and of this subsection. No other rules with respect to retary determines that a person or legal entity, ‘‘(iii) the contributions of the person are at custom farming shall apply in making a deter- for their benefit or the benefit of any other per- risk; mination under this section. son or legal entity, has knowingly engaged in, ‘‘(B) a legal entity that is a corporation, joint ‘‘(6) SPOUSE.—Where one spouse is determined or aided in the creation of fraudulent docu- stock company, association, limited partnership, to be actively engaged, the other spouse shall be ments, failed to disclose material information charitable organization, or other similar entity determined to have met the requirements of sub- relevant to the administration of this subtitle re- determined by the Secretary, including any such clause (II) of subsection (b)(2)(A)(i) of this sec- quested by the Secretary, or committed other entity participating in the farming operation as tion. equally serious actions as identified in regula- a partner in a general partnership, a partici- ‘‘(d) CLASSES NOT ACTIVELY ENGAGED.— tions issued by the Secretary, the Secretary may pant in a joint venture, a grantor of a revocable ‘‘(1) CASH RENT LANDLORD.—A landlord con- for a period not to exceed five crop years deny trust, or as a participant in a similar entity as tributing land to a farming operation shall not the issuance of payments to the person or legal determined by the Secretary shall be considered be considered to be actively engaged in farming entity. as actively engaged in farming with respect to a with respect to the farming operation if the ‘‘(C) PRO RATA DENIAL.—Payments otherwise farming operation if— landlord receives cash rent, or a crop share owed to a person or legal entity covered by sub- ‘‘(i) the entity separately makes a significant guaranteed as to the amount of the commodity paragraphs (A) or (B) shall be denied in a pro contribution (based on the total value of the to be paid in rent, for such use of the land. rata manner based upon the ownership interest farming operation) of capital, equipment, or ‘‘(2) OTHER PERSONS.—Any other person de- of the person or legal entity in a farm, and pay- land; termined by the Secretary as failing to meet the ments otherwise payable to the person or legal ‘‘(ii) the stockholders or members collectively standards set out in subsections (b)(2) and (c) entity who is a cash rent tenant on a farm make a significant contribution of personal shall not be considered to be actively engaged in owned or under the control of such person or labor or active personal management to the op- farming with respect to a farming operation.’’. legal entity shall be denied. eration; and (e) TRANSITION.—Section 1001 of the Food Se- ‘‘(9) DEATH OF OWNER.—In the event of a ‘‘(iii) the standards provided in clauses (ii) curity Act of 1985 (7 U.S.C. 1308), as in effect on transfer of any ownership interest in land or a and (iii) of paragraph (A), as applied to the en- the day before the date of the enactment of this commodity as the result of the death of a pro- tity, are met by the entity; Act, shall continue to apply with respect to the gram participant, the new owner of such land or ‘‘(C) if a legal entity that is a general partner- 2007 crop of any covered commodity. commodity may, if such person is otherwise eli- ship, joint venture, or similar entity, as deter- SEC. 1504. ADJUSTED GROSS INCOME LIMITA- gible to participate in the applicable program, mined by the Secretary, separately makes a sig- TION. succeed to the prior owner’s contract and re- nificant contribution (based on the total value (a) EXTENSION OF ADJUSTED GROSS INCOME ceive payments subject to this section without of the farming operation involved) of capital, LIMITATION.—Section 1001D of the Food Secu- regard to the amount of payments received by equipment, or land, and the standards provided rity Act of 1985 (7 U.S.C. 1308–3a) is amended— the new owner. Payments made pursuant to this in clauses (ii) and (iii) of paragraph (A), as ap- (1) in subsection (b)(2), by striking ‘‘Farm Se- subsection shall not exceed the amount to which plied to the entity, are met by the entity, the curity and Rural Investment Act of 2002’’ each the previous owner was entitled to receive under partners or members making a significant con- place it appears and inserting ‘‘Farm, Nutrition, the terms of the contract at the time of the tribution of personal labor or active personal and Bioenergy Act of 2007’’; and death of the prior owner.’’. management shall be considered to be actively (2) in subsection (e), by striking ‘‘2007’’ and (c) REPEAL OF THREE-ENTITY RULE.—Section engaged in farming with respect to the farming inserting ‘‘2012’’. 1001A of the Food Security Act of 1985 (7 U.S.C. operation involved; and (b) MODIFICATION OF LIMITATION.—Section 1308–1) is amended— ‘‘(D) in making determinations under this 1001D(b) of the Food Security Act of 1985 (7 (1) in the section heading, by striking ‘‘pre- subsection regarding equipment and personal U.S.C. 1308–3a(b)) is amended— vention of creation of entities to qualify as sepa- labor, the Secretary shall take into consider- (1) by striking paragraph (1) and inserting the rate persons’’and inserting ‘‘notification of in- ation the equipment and personal labor nor- following new paragraph: terests’’; and mally and customarily provided by farm opera- ‘‘(1) CAPS.— (2) by striking subsection (a) and inserting the tors in the area involved to produce program ‘‘(A) UPPER LIMIT.—Notwithstanding any following new subsection: crops. other provision of law, an individual or entity ‘‘(a) NOTIFICATION OF INTERESTS.—To facili- ‘‘(c) SPECIAL CLASSES ACTIVELY ENGAGED.— shall not be eligible to receive any benefit de- tate administration of sections 1001 and this sec- ‘‘(1) LANDOWNER.—A person or legal entity scribed in paragraph (2) during a crop year if tion, each entity or person receiving payments that is a landowner contributing the owned the average adjusted gross income of the indi- described in subsections (b) and (c) of section land to a farming operation shall be considered vidual or entity exceeds $1,000,000. 1001 as a separate person shall provide to the to be actively engaged in farming with respect to ‘‘(B) PRODUCER EXEMPTION.—Notwith- Secretary of Agriculture, at such times and in the farming operation if the landowner receives standing any other provision of law, an indi- such manner as prescribed by the Secretary, the rent or income for such use of the land based on vidual or entity shall not be eligible to receive name and social security number of each indi- the land’s production or the operation’s oper- any benefit described in paragraph (2) during a vidual, or the name and taxpayer identification ating results, and the person or legal entity crop year if the average adjusted gross income number of each entity, that holds or acquires an meets the standard provided in clauses (ii) and of the individual or entity exceeds $500,000, un- ownership interest in such separate person and (iii) of subsection (b)(2)(A). less not less than 66.66 percent of the average shall provide such information regarding each ‘‘(2) ADULT FAMILY MEMBER.—With respect to adjusted gross income of the individual or entity entity in which such separate person holds an a farming operation when a majority of the par- is derived from farming, ranching, or forestry ownership interest.’’. ticipants are family members, an adult family operations, as determined by the Secretary.’’;

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00140 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.006 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8977 (2) in paragraph (2)(A), by striking ‘‘or C’’; with the goal of eliminating any unnecessary benefits provided, directly or indirectly, to indi- and artificial splits in the calculations of such pre- viduals and entities under titles I and II and the (3) by adding at the end the following new miums or discounts. amendments made by those titles. paragraph: ‘‘(iii) Such other adjustments determined ap- SEC. 1510. UPLAND COTTON STORAGE PAYMENTS. ‘‘(3) INCOME DERIVED FROM FARMING, RANCH- propriate by the Secretary, after consultations Beginning with the 2012 crop of upland cot- ING OR FORESTRY OPERATIONS.—In determining conducted in accordance with paragraph (3). ton, the Secretary may not use the funds of the what portion of the average adjusted gross in- ‘‘(3) CONSULTATION WITH PRIVATE SECTOR.— Commodity Credit Corporation to pay storage, come of an individual or entity is derived from ‘‘(A) PRIOR TO REVISION.—Prior to imple- handling, and other costs associated with the farming, ranching, or forestry operations, the menting any revisions to the administration of storage of upland cotton for which a marketing Secretary shall include income derived from the the marketing assistance loan program for up- assistance loan is made under section 1201. land cotton, the Secretary should endeavor to following: SEC. 1511. GOVERNMENT PUBLICATION OF COT- ‘‘(A) The production of crops, livestock, or un- consult with an existing private sector com- TON PRICE FORECASTS. finished raw forestry products. mittee whose membership includes representa- Section 15 of the Agricultural Marketing Act ‘‘(B) The sale, including the sale of easements tives of the production, ginning, warehousing, (12 U.S.C. 1141j) is amended by striking sub- and development rights, of farm, ranch, or for- cooperative, and merchandising segments of the section (d). estry land or water rights. United States cotton industry and that has de- ‘‘(C) The sale, but not as a dealer, of equip- veloped recommendations concerning such revi- TITLE II—CONSERVATION ment purchased to conduct farm, ranch, or for- sions. Subtitle A—Conservation Programs of the Food estry operations when the equipment is other- ‘‘(B) UPON REVIEW.—The Secretary shall also Security Act of 1985 wise subject to depreciation expense. consult with the committee referred to in sub- Sec. 2101. Conservation reserve program. ‘‘(D) The rental of land used for farming, paragraph (A) when conducting a review of ad- Sec. 2102. Wetlands reserve program. ranching, or forestry operations. justments in the operation of the loan program Sec. 2103. Conservation security program. ‘‘(E) The provision of production inputs and as provided in paragraph (4). Sec. 2104. Grassland reserve program. services to farmers, ranchers, and foresters. ‘‘(C) INAPPLICABILITY OF FEDERAL ADVISORY Sec. 2105. Environmental quality incentives ‘‘(F) The processing, storing, and transporting COMMITTEE ACT.—The Federal Advisory Com- program. of farm, ranch, and forestry commodities. mittee Act (5 U.S.C. App.) shall not apply to Sec. 2106. Regional water enhancement pro- ‘‘(G) The sale of land that has been used for consultations under this paragraph with the gram. agriculture.’’. committee referred to in subparagraph (A). Sec. 2107. Grassroots source water protection SEC. 1505. ADJUSTMENTS OF LOANS. ‘‘(4) REVIEW OF ADJUSTMENTS.—The Secretary program. Section 162 of the Federal Agriculture Im- may review the operation of the upland cotton Sec. 2108. Conservation of private grazing land. provement and Reform Act of 1996 (7 U.S.C. quality adjustments implemented pursuant to Sec. 2109. Great Lakes basin program for soil 7282) is amended— this subsection and may make further revisions erosion and sediment control. (1) in subsection (a), by inserting ‘‘(except for to the administration of the loan program, by ei- Sec. 2110. Farm and ranchland protection pro- cotton and long grain, medium grain, and short ther revoking or revising the actions taken pur- gram. grain rice)’’ after ‘‘commodity’’; suant to paragraph (2)(B) or by revoking or re- Sec. 2111. Farm viability program. (2) in subsection (b), by striking ‘‘Farm Secu- vising any actions taken or authorized to be Sec. 2112. Wildlife habitat incentive program. rity and Rural Investment Act of 2002’’ and in- taken under paragraph (2)(B). Subtitle B—Conservation Programs Under Other serting ‘‘Farm, Nutrition, and Bioenergy Act of ‘‘(5) ADJUSTMENTS IN EFFECT PRIOR TO REVI- Laws SION.—The quality differences (premiums and 2007’’; and Sec. 2201. Agricultural management assistance discounts for quality factors) applicable to the (3) by adding at the end the following new program. upland cotton loan program (prior to any revi- subsections: Sec. 2202. Resource Conservation and Develop- sions in accordance with this subsection) shall ‘‘(d) ADJUSTMENT IN LOAN RATE FOR COT- ment Program. be established by the Secretary by giving equal TON.— Sec. 2203. Small watershed rehabilitation pro- weight— ‘‘(1) ADJUSTMENT AUTHORITY.—The Secretary gram. ‘‘(A) to loan differences for the preceding may make appropriate adjustments in the loan crop; and Subtitle C—Additional Conservation Programs rate for cotton for differences in quality factors. ‘‘(B) to market differences for such crop in the Sec. 2301. Chesapeake Bay program for nutrient ‘‘(2) REVISIONS TO QUALITY ADJUSTMENTS FOR designated United States spot markets. reduction and sediment control. UPLAND COTTON.— ‘‘(e) RICE LIMITATION.—With respect to long Sec. 2302. Voluntary public access and habitat ‘‘(A) REVISION.—Within 180 days after the grain rice and medium and short grain rice, the date of the enactment of the Farm, Nutrition, incentive program. Secretary shall not make adjustments in the and Bioenergy Act of 2007, the Secretary, after Subtitle D—Administration and Funding loan rates for such commodities, except for dif- consultation with the private sector as provided Sec. 2401. Funding of conservation programs ferences in grade and quality (including milling in paragraph (3), shall implement revisions in under Food Security Act of 1985. yields).’’. the administration of the marketing assistance Sec. 2402. Improved provision of technical as- loan program for upland cotton to more accu- SEC. 1506. PERSONAL LIABILITY OF PRODUCERS sistance under conservation pro- FOR DEFICIENCIES. rately and efficiently reflect market values for grams. upland cotton. Section 164 of the Federal Agriculture Im- Sec. 2403. Cooperative conservation partnership provement and Reform Act of 1996 (7 U.S.C. ‘‘(B) MANDATORY REVISIONS.—The revisions initiative. required under subparagraph (A) shall include 7284) is amended by striking ‘‘Farm Security Sec. 2404. Regional equity and flexibility. the following: and Rural Investment Act of 2002’’ each place it Sec. 2405. Administrative requirements for con- ‘‘(i) The elimination or adjustment of ware- appears and inserting ‘‘Farm, Nutrition, and servation programs. house location differentials to reflect market Bioenergy Act of 2007’’. Sec. 2406. Annual report on participation by conditions. SEC. 1507. EXTENSION OF EXISTING ADMINISTRA- specialty crop producers in con- ‘‘(ii) The establishment of differentials for the TIVE AUTHORITY REGARDING servation programs. LOANS. various quality factors and staple lengths of cot- Sec. 2407. Promotion of market-based ap- Section 166 of the Federal Agriculture Im- ton based on a three-year, weighted moving av- proaches to conservation. provement and Reform Act of 1996 (7 U.S.C. erage of the weighted designated spot market re- Sec. 2408. Establishment of State technical com- 7286) is amended in subsections (a) and (c)(1) by gions as determined by regional production. mittees and their responsibilities. striking ‘‘subtitle B and C of title I of the Farm ‘‘(iii) The elimination of any artificial split in Sec. 2409. Payment limitations. Security and Rural Investment Act of 2002’’ the premium or discount between upland cotton each place it appears and inserting ‘‘subtitle B Subtitle E—Miscellaneous Provisions with a 32 or 33 staple length due to micronaire; of title I of the Farm, Nutrition, and Bioenergy Sec. 2501. Inclusion of income from affiliated ‘‘(iv) A mechanism to ensure that no premium Act of 2007’’. packing and handling operations or discount is established that exceeds the pre- as income derived from farming mium or discount associated with a leaf grade SEC. 1508. ASSIGNMENT OF PAYMENTS. (a) IN GENERAL.—The provisions of section for application of adjusted gross that is one better than the applicable color income limitation on eligibility for grade. 8(g) of the Soil Conservation and Domestic Al- lotment Act (16 U.S.C. 590h(g)), relating to as- conservation programs. ‘‘(C) DISCRETIONARY REVISIONS.—The revi- Sec. 2502. Encouragement of voluntary sustain- sions under subparagraph (A) may include, at a signment of payments, shall apply to payments made under the authority of this title. ability practices guidelines. minimum, the following: Sec. 2503. Farmland resource information. ‘‘(i) The use of non-spot market price data, in (b) NOTICE.—The producer making the assign- addition to spot market price data, that would ment, or the assignee, shall provide the Sec- Subtitle A—Conservation Programs of the enhance the accuracy of the price information retary with notice, in such manner as the Sec- Food Security Act of 1985 used in determining quality adjustments under retary may require, of any assignment made SEC. 2101. CONSERVATION RESERVE PROGRAM. this subsection. under this section. (a) AUTHORIZATION AND ELIGIBLE LAND.—Sec- ‘‘(ii) Adjustments in the premiums or dis- SEC. 1509. TRACKING OF BENEFITS. tion 1231 of the Food Security Act of 1985 (16 counts associated with upland cotton with a As soon as practicable after the date of enact- U.S.C. 3831) is amended— staple length of 33 or above due to micronaire ment of this Act, the Secretary shall track the (1) in subsection (a)—

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00141 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.006 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8978 CONGRESSIONAL RECORD — HOUSE July 30, 2007 (A) by striking ‘‘2007’’ and inserting ‘‘2012’’; practices suitable to the region to address soil ‘‘(ii) allow the covered farmer or rancher, at and conservation, water quality, wildlife habitat, or the election of the covered farmer or rancher, to (B) by inserting before the period the fol- other environmental benefits; begin the certification process under the Or- lowing: ‘‘and to address issues raised by State, ‘‘(ii) apply the provisions of section 11005 of ganic Foods Production Act of 1990 (7 U.S.C. regional, and national conservation initiatives’’; the Farm, Nutrition, and Bioenergy Act of 2007 6501 et seq.); and in determining the eligibility for crop insurance ‘‘(B) beginning on the date of termination of (2) in subsection (b)— of dryland crop production and grazing activi- the contract, require the retired or retiring (A) in paragraph (1)(B)— ties allowed under a conservation reserve en- owner or operator to sell or lease (under a long- (i) by striking ‘‘the Farm Security and Rural hancement contract for the purposes of this sec- term lease or a lease with an option to purchase) Investment Act of 2002’’ and inserting ‘‘the tion, dryland crop production and grazing ac- to the covered farmer or rancher the land sub- Farm, Nutrition, and Bioenergy Act of 2007’’; tivities allowed under a conservation reserve en- ject to the contract for production purposes; and hancement contract shall be considered ‘non- ‘‘(C) require the covered farmer or rancher to (ii) by striking the period at the end and in- cropland’ in applying the provisions of section develop and implement a comprehensive con- serting a semicolon; and 11005 of the Farm, Nutrition, and Bioenergy Act servation plan that meets such sustainability (B) in paragraph (4), by striking the semicolon of 2007; criteria as the Secretary may establish; at the end of subparagraph (E) and inserting ‘‘; ‘‘(iii) reduce the rental payment otherwise ‘‘(D) provide to the covered farmer or rancher or’’. payable under the contract by an amount com- an opportunity to enroll in the conservation se- (b) MAXIMUM ENROLLMENT.—Section 1231(d) mensurate with the economic value of the crop curity program or the environmental quality in- of the Food Security Act of 1985 (16 U.S.C. production or grazing activity, while still leav- centives program by not later than the date on 3831(d)) is amended by striking ‘‘2007’’ and in- ing sufficient financial incentives for the owner which the farmer or rancher takes possession of serting ‘‘2012’’. or operator to participate in the conservation re- the land through ownership or lease; and (c) CONSERVATION PRIORITY AREAS.—Section serve enhancement; and ‘‘(E) continue to make annual payments to 1231(f) of the Food Security Act of 1985 (16 ‘‘(iv) at the request of a State that has pre- the retired or retiring owner or operator for not U.S.C. 3831(f)) is amended by striking ‘‘the viously entered into a conservation reserve en- more than an additional 2 years after the date Chesapeake Bay Region (Pennsylvania, Mary- hancement program agreement, renegotiate the of termination of the contract, if the retired or land, and Virginia)’’ and inserting ‘‘the Chesa- agreement to allow for the dryland crop produc- retiring owner or operator is not a family mem- peake Bay Region’’. tion and grazing in accordance with this sec- ber (as defined in section 1001A(b)(3)(B) of this (d) TREATMENT OF MULTI-YEAR GRASSES AND tion; and’’. Act) of the covered farmer or rancher. (g) RENTAL RATES.—Section 1234(c) of the LEGUMES.—Subsection (g) of section 1231 of the ‘‘(2) REENROLLMENT.—The Secretary shall Food Security Act of 1985 (16 U.S.C. 3831) is Food Security Act of 1985 (16 U.S.C. 3834(c)) is provide to a beginning farmer or rancher, so- amended to read as follows: amended by adding at the end the following cially disadvantaged farmer or rancher, or lim- ‘‘(g) MULTI-YEAR GRASSES AND LEGUMES.— new paragraph: ited resource farmer or rancher described in ‘‘(5) COUNTY AVERAGE MARKET DRY-LAND AND ‘‘(1) IN GENERAL.—For purposes of this sub- paragraph (1) the option to reenroll any appli- IRRIGATED CASH RENTAL RATES.— chapter, alfalfa and other multi-year grasses cable partial field conservation practice that ‘‘(A) ANNUAL ESTIMATES.—Beginning not later and legumes in a rotation practice, approved by is— the Secretary, shall be considered agricultural than one year after the date of the enactment of the Farm, Nutrition, and Bioenergy Act of 2007, ‘‘(A) eligible for enrollment under the contin- commodities. uous signup requirement of section ‘‘(2) CROPPING HISTORY.—Alfalfa, when grown the National Agricultural Statistics Service shall 1231(h)(4)(B); and as part of a rotation practice, as determined by conduct an annual survey of per acre estimates ‘‘(B) part of an approved comprehensive con- the Secretary, is an agricultural commodity sub- of county average market dry-land and irrigated servation plan.’’. ject to the cropping history criteria under sub- cash rental rates for cropland and pastureland (i) EARLY TERMINATION.—Section 1235(e)(1) of section (b)(1)(B) for the purpose of determining in all counties or equivalent subdivisions within the Food Security Act of 1985 (16 U.S.C. whether highly erodible cropland has been each State with 20,000 acres or more of cropland 3835(e)(1)) is amended by striking ‘‘before Janu- planted or considered planted for 4 of the 6 and pastureland. ary 1, 1995,’’. years referred to in such subsection.’’. ‘‘(B) PUBLIC AVAILABILITY OF ESTIMATES.— SEC. 2102. WETLANDS RESERVE PROGRAM. (e) PILOT PROGRAM FOR ENROLLMENT OF WET- The estimates derived as a result of the annual LAND AND BUFFER ACREAGE IN CONSERVATION survey conducted under subparagraph (A) shall (a) ESTABLISHMENT AND PURPOSE.—Subsection RESERVE.—Section 1231(h)(1)(A) of the Food Se- be maintained on a website of the Department of (a) of section 1237 of the Food Security Act of curity Act of 1985 (16 U.S.C. 3831(h)(1)(A)) is Agriculture for use by the general public. 1985 (16 U.S.C. 3837) is amended to read as fol- amended by striking ‘‘2007’’ and inserting ‘‘(C) FUNDING.—Funds to conduct the annual lows: ‘‘2012’’. survey required by subparagraph (A) shall come ‘‘(a) ESTABLISHMENT AND PURPOSES.— (f) MANAGED HAYING AND GRAZING.—Section from funds made available for the conservation ‘‘(1) ESTABLISHMENT.—The Secretary shall es- 1232(a)(7) of the Food Security Act of 1985 (16 reserve program under this subchapter.’’. tablish a wetlands reserve program to assist U.S.C. 3832(a)(7)) is amended— (h) CONSERVATION RESERVE PROGRAM TRANSI- owners of eligible lands in restoring and pro- (1) in subparagraph (A)— TION INCENTIVES.—Section 1235 of the Food Se- tecting wetlands. (A) by inserting ‘‘and prescribed grazing for curity Act of 1985 (16 U.S.C. 3835) is amended— ‘‘(2) PURPOSES.—The purposes of the wetlands the control of invasive species’’ after ‘‘biomass’’; (1) in subsection (c)(1)(B)— reserve program are— (A) in clause (ii), by striking ‘‘or’’ at the end; ‘‘(A) to restore, to create, to protect, or to en- and (B) by redesignating clause (iii) as clause (iv); (B) by striking ‘‘and’’ at the end of the sub- hance wetlands on lands that are eligible under and subsections (c) and (d); and paragraph; (C) by inserting after clause (ii) the following ‘‘(B) to authorize the Secretary, at the sole (2) by redesignating subparagraph (B) as sub- new clause: discretion of the Secretary, to purchase flood- paragraph (D); and ‘‘(iii) to facilitate a transition of land subject plain easements.’’. (3) by inserting after subparagraph (A) the to the contract from a retired or retiring owner (b) MAXIMUM ENROLLMENT.—Section 1237(b) following new subparagraph: or operator to a beginning farmer or rancher, of the Food Security Act of 1985 (16 U.S.C. ‘‘(B) managed grazing during the year, except socially disadvantaged farmer or rancher, or 3837(b)) is amended— that in permitting such grazing, the Secretary limited resource farmer or rancher for the pur- (1) by striking paragraph (1) and inserting the shall— pose of returning some or all of the land into following new paragraph: ‘‘(i) reduce the rental payment otherwise pay- production using sustainable grazing or crop ‘‘(1) MAXIMUM ENROLLMENT.—The total num- able under the contract by a percentage deter- production methods; or’’; and mined by the Secretary to be appropriate; and (2) by adding at the end the following new ber of acres enrolled in the wetlands reserve pro- ‘‘(ii) require a management plan, including a subsection: gram shall not exceed 3,605,000 acres.’’; and grazing rate, approved by the Secretary that is ‘‘(f) TRANSITION OPTION FOR CERTAIN FARM- (2) by adding at the end the following new consistent with section 1231(a); ERS OR RANCHERS.— paragraphs: ‘‘(C) dryland crop production and grazing ‘‘(1) DUTIES OF THE SECRETARY.—In the case ‘‘(3) ANNUAL ENROLLMENT GOAL.—Of the total practices on acreage enrolled into the conserva- of a contract modification approved in order to number of acres authorized by paragraph (1), to tion reserve enhancement program announced facilitate the transfer of land subject to a con- the maximum extent practicable, the Secretary on May 27, 1998 (63 Fed. Reg. 28965) where the tract from a retired or retiring owner or operator shall enroll 250,000 acres in each fiscal year. conservation reserve enhancement program is under subsection (c)(1)(B)(iii) to a beginning ‘‘(4) FLOOD-PLAIN EASEMENTS.—Of the acres initiated to address declining groundwater or farmer or rancher, socially disadvantaged farm- to be enrolled each fiscal year, not more than surface water resources and water quality issues er or rancher, or limited resource farmer or 10,000 acres may be enrolled using flood-plain associated with declining groundwater or sur- rancher (in this subsection referred to as a ‘cov- easements.’’. face water resources and the conservation re- ered farmer or rancher’) the Secretary shall— (c) ELIGIBLE LANDS.—Subsection (c) of section serve enhancement contract requires the owner ‘‘(A) beginning on the date that is 1 year be- 1237 of the Food Security Act of 1985 (16 U.S.C. or operator to retire a water right, except that in fore the date of termination of the contract— 3837) is amended to read as follows: permitting dryland crop production and graz- ‘‘(i) allow the covered farmer or rancher, in ‘‘(c) ELIGIBILITY.—For purposes of enrolling ing, the Secretary shall— conjunction with the retired or retiring owner or land into the wetland reserve program estab- ‘‘(i) develop an appropriate working lands operator, to make conservation and land im- lished under this subchapter during the 2008 conservation plan that implements conservation provements; and through 2012 fiscal years, land shall be eligible

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00142 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.006 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8979 to be placed into such reserve if the Secretary (4) by adding at the end the following new ‘‘Subchapter A—Conservation Security determines that— subsection: Program ‘‘(1) in the case of wetlands— ‘‘(h) ACCEPTANCE OF CONTRIBUTIONS.—The ‘‘SEC. 1238. DEFINITIONS. ‘‘(A) the land maximizes wetland values and Secretary may accept and use contributions of ‘‘In this subchapter: functions and wildlife benefits; non-Federal funds to administer the program ‘‘(1) BEGINNING FARMER OR RANCHER.—The ‘‘(B) the land is farmed wetland or converted under this subchapter.’’. term ‘beginning farmer or rancher’ has the wetland, together with adjacent lands that are (f) DUTIES OF THE SECRETARY.—Section 1237C meaning given the term under section 343(a) of functionally dependent on such wetlands, ex- of the Food Security Act of 1985 (16 U.S.C. the Consolidated Farm and Rural Development cept that converted wetlands where the conver- 3837c) is amended— Act (7 U.S.C. 1991(a)). sion was not commenced prior to December 23, (1) in subsection (a)(1)— ‘‘(2) CONSERVATION PLAN.—The term ‘con- 1985, shall not be eligible to be enrolled in the (A) by inserting ‘‘including necessary servation plan’ means a plan that— program under this section; maitenance activities,’’ after ‘‘values,’’; and ‘‘(A) identifies resources of concern, inven- ‘‘(C) the likelihood of the successful restora- (B) by inserting ‘‘or flood plains land’’ after tories resources, and establishes benchmark data tion of such land, and the resultant wetland ‘‘wetland’’; and and stewardship enhancement objectives; values, merit inclusion of the land into the pro- (2) by striking subsection (c) and inserting the ‘‘(B) describes improvements that will enable gram taking into consideration the cost of such following new subsection: the producer to meet and exceed the stewardship restoration; and ‘‘(c) RANKING OF OFFERS.— threshold for all applicable resources of concern; ‘‘(D) the land consists of riparian areas, in- ‘‘(1) IN GENERAL.—When evaluating offers and cluding areas that link wetlands that are pro- from landowners, the Secretary may consider— ‘‘(C) contains a schedule and evaluation plan tected by easements or some other device or cir- ‘‘(A) the conservation benefits of obtaining an for the planning, installing, maintaining, and cumstance that achieves the same purpose as an easement or other interest in the land; managing new conservation practices, activities, easement; or ‘‘(B) the cost-effectiveness of each easement or and management measures and maintaining, ‘‘(2) in the case of flood-plain lands— other interest in eligible land, so as to maximize managing, and improving existing conservation ‘‘(A) the flood-plain land has been damaged the environmental benefits per dollar expended; practices, activities, and management measures. by flooding at least once within the previous and ‘‘(3) CONSERVATION PRACTICE.—The term ‘con- calendar year, or has been subject to flood dam- ‘‘(C) whether the landowner or another per- servation practice’ means a site-specific land age at least twice within the previous 10 years; son is offering to contribute financially to the management practice or activity, or a sup- or cost of the easement or other interest in the land porting structural practice, that is part of an ‘‘(B) the enrollment of other land within the to leverage Federal funds. implemented management system designed to flood plain would contribute to the restoration ‘‘(2) CONSERVATION BENEFITS.—In determining address a priority resource of concern. of the flood storage and flow or erosion con- the acceptability of easement offers, the Sec- ‘‘(4) CONSERVATION SECURITY CONTRACT.—The trol.’’. retary may take into consideration— term ‘conservation security contract’ means a (d) INELIGIBLE LANDS.—Subsection (e) of sec- ‘‘(A) in the case of wetlands— contract entered into under this subchapter. ‘‘(5) CONSERVATION SECURITY PROGRAM.—The tion 1237 of the Food Security Act of 1985 (16 ‘‘(i) the extent to which the purposes of the term ‘conservation security program’ means the U.S.C. 3837) is amended to read as follows: easement program would be achieved on the program established under section 1238A(a). ‘‘(e) INELIGIBLE LAND.—The Secretary may land; ‘‘(6) MANAGEMENT INTENSITY.— The term not acquire easements on— ‘‘(ii) the productivity of the land; and ‘management intensity’ means the degree, scope, ‘‘(1) in the case of wetlands— ‘‘(iii) the on-farm and off-farm environmental and comprehensiveness of conservation prac- ‘‘(A) land that contains timber stands estab- threats if the land is used for the production of tices, activities, or management measures taken lished under the conservation reserve under sub- agricultural commodities; and by a producer to address a priority resource of chapter B; or ‘‘(B) in the case of flood-plain lands— concern to a level exceeding the stewardship ‘‘(B) pasture land established to trees under ‘‘(i) the extent to which the purposes of the the conservation reserve under subchapter B; or threshold. easement program would be achieved on the ‘‘(7) NONDEGRADATION STANDARD.—The term ‘‘(2) in the case of flood-plain lands— land; ‘nondegradation standard’ means the level of ‘‘(A) land on which implementation of res- ‘‘(ii) whether the land has been repeatedly natural resource conservation and environ- toration practices would not be productive; or flooded over the last ten years; mental management measures required to im- ‘‘(B) land that is subject to an existing ease- ‘‘(iii) the extent to which an easement on the prove and sustain the status and condition of ment or deed restriction, and the easement or flood-plain land would contribute to the restora- natural and environmental resources to a level deed provides sufficient protection or restoration tion or management of land in the area sur- that, as determined by the Secretary— of the flood plain’s functions and values, as de- rounding the flood-plain land; and ‘‘(A) prevents impairment of soil, water, and termined by the Secretary.’’. ‘‘(iv) other factors, as determined by the Sec- air quality and the quality of fish and wildlife (e) EASEMENTS AND AGREEMENTS.—Section retary.’’. habitat; and 1237A of the Food Security Act of 1985 (16 U.S.C. (g) WETLANDS RESERVE ENHANCEMENT.—Sec- ‘‘(B) sustains the long-term productivity of 3837a) is amended— tion 1237D(c) of the Food Security Act of 1985 agricultural resources. (1) in subsection (a)(2), by inserting ‘‘if appli- (16 U.S.C. 3837d(c)) is amended by striking para- ‘‘(8) PRIORITY RESOURCE OF CONCERN.—The cable,’’ after ‘‘(2)’’; graph (4) and inserting the following new para- term ‘priority resource of concern’ means a re- (2) in subsection (b)— graph: source of concern identified by the Secretary, (A) in the matter before paragraph (1), by in- ‘‘(4) WETLANDS RESERVE ENHANCEMENT.— consistent with the requirements of section serting ‘‘or flood-plain land’’ after ‘‘values of ‘‘(A) IN GENERAL.—The provisions of this sub- 1238C(a), that must be addressed by participants wetland’’; chapter that limit payments to any person, and in the conservation security program in a par- (B) in paragraph (1)(B), by inserting ‘‘or section 1305(d) of the Agricultural Reconcili- ticular watershed or other area within that flood-plain land’’ after ‘‘wetland’’; and ation Act of 1987 (Public Law 100–203; 7 U.S.C. State. (C) in paragraph (3), by inserting ‘‘or flood- 1308 note), shall not apply to payments received ‘‘(9) PRODUCER.—The term ‘producer’ means plain lands’’ after ‘‘wetlands’’; by a State, political subdivision, or agency an owner, operator, landlord, tenant, or share- (3) in subsection (f)— thereof in connection with agreements entered cropper that–— (A) by striking ‘‘Compensation for’’ in the into under a special wetlands reserve enhance- ‘‘(A) shares in the risk of producing any crop first sentence and inserting the following: ment program carried out by that entity that or livestock; and ‘‘(1) COMPENSATION PROVIDED; AMOUNT.— has been approved by the Secretary. ‘‘(B) is entitled to share in the crop or live- Compensation for’’; and ‘‘(B) AGREEMENTS.—The Secretary may enter stock available for marketing from a farm (or (B) by adding at the end the following new into agreements with States (including political would have shared had the crop or livestock paragraph: subdivisions and agencies of States) regarding been produced). ‘‘(2) METHOD FOR DETERMINATION OF FAIR payments described in subparagraph (A) that ‘‘(10) RESOURCE-SPECIFIC INDEX.—The term MARKET VALUE.—The Secretary shall determine the Secretary determines will advance the pur- ‘resource-specific index’ means an index of man- the fair market value of land under paragraph poses of this subchapter.’’. agement intensity or other similar index, devel- (1) based on the option specified in subpara- (h) AUTHORIZATION.—The Food Security Act oped by the Secretary, that estimates the ex- graph (A), (B), (C), or (D) that results in the of 1985 is amended by inserting after section pected level of resource and environmental out- lowest amount of compensation to be paid by 1237F (16 U.S.C. 3837f) the following new sec- comes of the conservation practices, activities, the Secretary: tion: and management measures employed by a pro- ‘‘(A) A percentage of the fair market value ducer. ‘‘SEC. 1237G. PERIOD OF AUTHORIZATION. based on the Uniform Standards for Profes- ‘‘(11) SOCIALLY DISADVANTAGED FARMER OR sional Appraisals Procedures, as determined by ‘‘This subchapter is authorized to be carried RANCHER.—The term ‘socially disadvantaged the Secretary. out for the 2008 through 2012 fiscal years.’’. farmer or rancher’ has the meaning given the ‘‘(B) A percentage of the market value deter- SEC. 2103. CONSERVATION SECURITY PROGRAM. term under section 355(e) of the Consolidated mined by an area wide market survey. (a) ESTABLISHMENT OF NEW CONSERVATION Farm and Rural Development Act (7 U.S.C. ‘‘(C) A geographic cap, prescribed in regula- SECURITY PROGRAM THROUGH 2017.—Subchapter 2003(e)). tions issued by the Secretary. A of chapter 2 of subtitle D of title XII of the ‘‘(12) STRUCTURAL PRACTICE.—The term ‘‘(D) The offer made by the owner of the Food Security Act of 1985 (16 U.S.C. 3838 et seq.) ‘structural practice’ means a site-specific, con- land.’’; and is amended to read as follows: structed conservation practice that is integrated

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00143 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.007 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8980 CONGRESSIONAL RECORD — HOUSE July 30, 2007 with and essential to the successful implementa- make to the producer each year of the conserva- contract due to circumstances beyond the con- tion of the system of land management practices tion security contract under section 1238C(c); trol of the producer, including a disaster or re- and activities that are the basis of a conserva- ‘‘(D) describe the new conservation practices lated condition, as determined by the Secretary. tion security contract. and activities the producer is required to imple- ‘‘(j) EVALUATION OF OFFERS.—In evaluating ‘‘SEC. 1238A. CONSERVATION SECURITY PRO- ment during the term of the conservation secu- applications by producers to enroll in the con- GRAM. rity contract in order to increase the level of servation security program, the Secretary ‘‘(a) ESTABLISHMENT AND PURPOSE.—The Sec- management intensity with which the producer shall— retary shall establish, and for each of fiscal addresses a priority resource of concern or pri- ‘‘(1) consider the extent to which the antici- years 2012 through 2017, carry out a conserva- ority resources of concern, as designated by the pated environmental benefits from the contract tion security program to assist producers in im- Secretary under section 1238C(a)(1); and are provided at least cost relative to other simi- proving environmental quality by addressing ‘‘(E) include such other provisions as the Sec- lar activities; priority resources of concern in a comprehensive retary determines necessary to ensure the con- ‘‘(2) consider the extent to which the producer manner. servation purposes of the conservation security proposes to increase the level of performance on ‘‘(b) ELIGIBLE PRODUCERS.—To be eligible to program are met. applicable resource-specific indices or the level participate in the conservation security pro- ‘‘(5) ON-FARM RESEARCH AND DEMONSTRATION of management intensity with which the pro- gram, a producer shall— OR PILOT TESTING.—The Secretary may approve ducer addresses the designated priority re- ‘‘(1) demonstrate that the producer is address- a conservation security contract that includes— sources of concern; ing at least one priority resource of concern to ‘‘(A) on-farm conservation research and dem- ‘‘(3) consider the extent to which the environ- a minimum level of management intensity deter- onstration activities; and mental benefits expected to result from the con- mined by the Secretary; and ‘‘(B) pilot testing of new technologies or inno- tract complements other conservation efforts in ‘‘(2) develop and submit to the Secretary, and vative conservation practices. the watershed or region; obtain the approval of the Secretary of, a con- ‘‘(f) MODIFICATION.—The Secretary may allow ‘‘(4) consider the multiple benefits of con- servation offer. a producer to modify a conservation security servation-based farming systems, including re- ‘‘(c) ELIGIBLE LAND.— contract before the expiration of the contract if source-conservation crop rotations, managed ro- ‘‘(1) IN GENERAL.—Except as provided in para- the Secretary determines that failure to modify tational grazing, and the adoption of certified graph (2), private agricultural land (including the contract would significantly interfere with production under the national organic produc- cropland, grassland, prairie land, improved pas- achieving the purposes of the conservation secu- tion program under the Organic Foods Produc- ture land, forest land and rangeland) and land rity program. tion Act of 1990 (7 U.S.C. 6501 et. seq.); and under the jurisdiction of an Indian tribe (as de- ‘‘(g) CONTRACT TERMINATION.— ‘‘(5) develop any additional criteria for evalu- fined by the Secretary) shall be eligible for en- ‘‘(1) VOLUNTARY TERMINATION.—A producer ating applications that the Secretary determines rollment in the conservation security program. may terminate a conservation security contract are necessary to ensure that national, State, ‘‘(2) EXCLUSIONS.— if the Secretary determines that termination of and local conservation priorities are effectively ‘‘(A) LAND ENROLLED IN OTHER CONSERVATION the contract would not defeat the purposes of addressed. PROGRAMS.—Except as provided in subsection the conservation plan of the producer. ‘‘(k) COORDINATION WITH ORGANIC CERTIFI- (f)(3)(A), the following lands are not eligible for ‘‘(2) INVOLUNTARY TERMINATION.—The Sec- CATION.—Within 90 days after the date of the enrollment in the conservation security pro- retary may terminate a contract under this sub- enactment of the Farm, Nutrition, and Bio- gram: chapter if the Secretary determines that the pro- energy Act of 2007, the Secretary shall establish ‘‘(i) Lands enrolled in the conservation re- ducer violated the contract. a transparent and producer-friendly means by serve program under subchapter B of chapter 1. ‘‘(3) TRANSFER OR CHANGE OF INTEREST IN which producers may coordinate and simulta- ‘‘(ii) Land enrolled in the wetlands reserve LAND SUBJECT TO CONSERVATION SECURITY CON- neously certify eligibly under a conservation se- program established under subchapter C of TRACT.— curity contract and under the national organic ‘‘(A) IN GENERAL.—Except as provided in sub- chapter 1. production program established under the Or- paragraph (B), the transfer, or change in the ‘‘(iii) Land enrolled in the grassland reserve ganic Foods Production Act of 1990 (7 U.S.C. interest, of a producer in land subject to a con- program established under subchapter C of 6501 et. seq.). servation security contract shall result in the chapter 2. ‘‘SEC. 1238B. DUTIES OF PRODUCERS. ‘‘(B) CONVERSION TO CROPLAND.—Land used termination of the conservation security con- ‘‘(a) AGREEMENT BY PRODUCER.—Under a for crop production after October 1, 2011, that tract. conservation security contract, a producer shall had not been planted, considered to be planted, ‘‘(B) TRANSFER OF DUTIES AND RIGHTS.—Sub- agree— or devoted to crop production for at least 4 of paragraph (A) shall not apply if, within a rea- ‘‘(1) to implement during the term of the con- the 6 years preceding that date (except for land sonable period of time after the date of the servation security contract the conservation enrolled in the conservation reserve program or transfer or change in the interest in land, the plan approved by the Secretary; that has been maintained using long-term crop transferee of the land provides written notice to ‘‘(2) to maintain, and make available to the rotation practices, as determined by the Sec- the Secretary that all duties and rights under Secretary at such times as the Secretary may re- retary) shall not be the basis for any payment the conservation security contract have been quest, appropriate records showing the effective under the conservation security program. transferred to, and assumed by, the transferee. and timely implementation of the conservation ‘‘(d) ECONOMIC USES.—With respect to eligible The Secretary shall specify what will be consid- security contract; and land covered by a conservation security con- ered a reasonable period of time for purposes of ‘‘(3) not to engage in any activity during the tract, the Secretary shall permit economic uses providing the notification required by this sub- term of the conservation security contract that of the land that— paragraph. would interfere with the purposes of the con- ‘‘(1) maintain the agricultural nature of the ‘‘(h) CONTRACT RENEWAL.—At the end of an servation security program. land; and initial conservation security contract of a pro- FFECT OF VIOLATION.—On the violation ‘‘(2) are consistent with the conservation pur- ducer, the Secretary may allow the producer to ‘‘(b) E of a term or condition of the conservation secu- poses of the conservation security program. renew the contract for one additional five-year rity contract of a producer— ‘‘(e) CONSERVATION SECURITY CONTRACTS.— period if the producer— ‘‘(1) IN GENERAL.—After a determination that ‘‘(1) demonstrates compliance with the terms ‘‘(1) if the Secretary determines that the viola- a producer is eligible for the conservation secu- of the existing contract, including a demonstra- tion warrants termination of the conservation rity program, and on approval of the conserva- tion that the producer has complied with the security contract, the producer shall— tion offer of the producer, the Secretary shall schedule for the implementation of new prac- ‘‘(A) forfeit all rights to receive payments enter into a conservation security contract with tices and activities included in the conservation under the conservation security contract; and the producer to enroll the land to be covered by security contract and has met the stated goals ‘‘(B) refund to the Secretary all or a portion the contract in the conservation security pro- for increasing the level of management intensity of the payments received by the producer under gram. with which the producer is addressing the des- the conservation security contract, including ‘‘(2) TERM.—A conservation security contract ignated priority resource of concern or priority any advance payments and interest on the pay- shall be for a term of 5 years. resources of concern; and ments, as determined by the Secretary; ‘‘(3) AGRICULTURAL OPERATION.—All the acres ‘‘(2) agrees to implement and maintain such ‘‘(2) if the Secretary determines that the viola- of the agricultural operation that are under the additional new conservation practices and ac- tion does not warrant termination of the con- producer’s effective control at the time the pro- tivities as the Secretary determines necessary servation security contract, the producer shall ducer enters into a conservation security con- and feasible to achieve higher levels of manage- refund to the Secretary, or accept adjustments tract shall be covered by the conservation secu- ment intensity with which the producer address- to, the payments provided to the producer, as rity contract. es the designated priority resource of concern or the Secretary determines to be appropriate; or ‘‘(4) PROVISIONS.—The conservation security priority resources of concern. ‘‘(3) some combination of the remedies author- contract of a producer shall— ‘‘(i) EFFECT OF NONCOMPLIANCE DUE TO CIR- ized by paragraphs (1) and (2), as determined by ‘‘(A) include a conservation plan approved by CUMSTANCES BEYOND THE CONTROL OF PRO- the Secretary to be appropriate. the Secretary; DUCERS.—The Secretary shall include in the ‘‘SEC. 1238C. DUTIES OF THE SECRETARY. ‘‘(B) describe the land covered by the con- conservation security contract a provision to en- ‘‘(a) IDENTIFICATION OF PRIORITY RESOURCES servation security contract; sure that a producer shall not be considered in OF CONCERN.— ‘‘(C) state the amount of the stewardship en- violation of a conservation security contract for ‘‘(1) IDENTIFICATION AT STATE LEVEL.—The hancement payment the Secretary agrees to failure to comply with the conservation security Secretary shall ensure that the identification of

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priority resources of concern is made at the ‘‘(f) ALLOCATION TO STATES.—When making curity Act of 1985 (16 U.S.C. 3838n) is amended State level so that each priority resource of con- allocations to States of funds made available to by adding at the end the following new sub- cern— carry out the conservation security program, the sections: ‘‘(A) represents a significant environmental Secretary shall give significant consideration to ‘‘(d) ENROLLMENT OF CONSERVATION RESERVE concern, including watershed management or the extent and magnitude of the environmental PROGRAM LAND.— wildlife habitat, in the State to which agricul- needs associated with agricultural production in ‘‘(1) ENROLLMENT AUTHORIZED.—Subject to tural activities are contributing; and each State, the degree to which implementation the eligibility requirements of subsection (c) and ‘‘(B) is likely to be addressed successfully of the conservation security program in the all other requirements of this subchapter, land through the implementation of conservation State is, or will be, effective in helping pro- enrolled in the conservation reserve program practices and other activities by producers. ducers address these needs, and other consider- may be enrolled in the grassland reserve pro- ‘‘(2) LIMITATION.—The Secretary shall iden- ations to achieve equitable geographic distribu- gram if the Secretary determines that the land is tify not more than 5 resources of concern as pri- tions of funds, as determined by the Secretary. of high ecological value and under significant ority resources of concern in a particular water- ‘‘(g) TECHNICAL ASSISTANCE.—For each of fis- threat of conversion to other uses. shed or other appropriate region or area within cal years 2008 through 2017, the Secretary shall ‘‘(2) MAXIMUM ENROLLMENT.—The number of a State. provide appropriate technical assistance to pro- acres of conservation reserve program land en- ‘‘(3) ADVICE AND CONSULTATION.—The Sec- ducers for the development and implementation rolled under this subsection in a calendar year retary, with the advice of the appropriate State of conservation security contracts, in an amount shall not exceed 10 percent of the total number technical committee and in consultation with not to exceed 15 percent of the amounts ex- of acres enrolled in the grassland reserve pro- Federal and State agencies with expertise re- pended for the fiscal year. gram in that calendar year. lated to natural resources and environmental ‘‘(h) DATA.—The Secretary shall maintain ‘‘(3) PROHIBITION ON DUPLICATION OF PAY- quality, shall designate, to the extent prac- conservation security program contract and MENTS.—Land enrolled in the program under ticable, each priority resource of concern identi- payment data in a manner that provides de- this subsection shall no longer be eligible for fied under paragraph (1) as either a primary, tailed and segmented data that allows for quan- payments under the conservation reserve pro- secondary, or tertiary resource of concern. tification of the amount of payments made to gram. ‘‘(b) DEVELOPMENT OF RESOURCE-SPECIFIC IN- producers for— ‘‘(e) METHOD FOR DETERMINATION OF FAIR DICES.—The Secretary shall develop resource- ‘‘(1) the maintenance of conservation prac- MARKET VALUE.—The Secretary shall determine specific indices to measure the management in- tices, activities, and management measures in the fair market value of land to be enrolled in tensity with which specific resources of concern place on the producer’s operation at the time program based on the option specified in para- are addressed, for purposes of determining eligi- the conservation security offer is accepted by graph (1), (2), (3), or (4) that results in the low- bility and payments for participants in the con- the Secretary; est amount of compensation to be paid by the servation security program. ‘‘(2) the installation and adoption of new con- Secretary: ‘‘(c) STEWARDSHIP ENHANCEMENT PAYMENT.— servation practices, activities, and management ‘‘(1) A percentage of the fair market value ‘‘(1) TIMING OF PAYMENT.—The Secretary measures and the improvements to conservation based on the Uniform Standards for Profes- shall make a payment under a conservation se- practices, activities, and management measures sional Appraisals Procedures, as determined by curity contract as soon as practicable after Oc- in place on the producer’s operation at the time the Secretary. tober 1 of each fiscal year. the conservation security offer is accepted by ‘‘(2) A percentage of the market value deter- ‘‘(2) EXCLUSIONS.—A payment to a producer the Secretary; mined by an area wide market survey. under this subsection shall not be provided for— ‘‘(3) participation in research, demonstration, ‘‘(3) A geographic cap, as prescribed in regu- ‘‘(A) the design, construction, or maintenance and pilot projects; and lations issued by the Secretary. of animal waste storage or treatment facilities or ‘‘(4) the development and periodic assessment ‘‘(4) The offer made by the owner of the associated waste transport or transfer devices and evaluation of comprehensive conservation land.’’. for animal feeding operations; or plans.’’. (d) GRASSLAND RESERVE ENHANCEMENT.—Sec- ‘‘(B) conservation practices and activities for (b) EFFECT ON EXISTING CONSERVATION SECU- tion 1238N of the Food Security Act of 1985 (16 which there is no net cost or loss of income to RITY CONTRACTS.—Subchapter A of chapter 2 of U.S.C. 3838n) is amended by inserting after sub- the producer, as determined by the Secretary. subtitle D of title XII of the Food Security Act section (d), as added by subsection (b), the fol- ‘‘(3) AVAILABILITY OF PAYMENTS.—The Sec- of 1985 (16 U.S.C. 3838 et seq.), as in effect on lowing new subsection: retary shall provide a stewardship enhancement the day before the date of the enactment of this RASSLAND RESERVE ENHANCEMENT.—The payment to a producer under a conservation se- ‘‘(e) G Act, shall continue to apply to conservation se- Secretary may enter into such agreements with curity contract to compensate the producer for— curity contracts entered into before October 1, ‘‘(A) ongoing implementation and mainte- States, including political subdivisions and 2007. The Secretary of Agriculture may continue nance of conservation practices, activities, and agencies of States, that the Secretary determines to make payments under such subchapter, as so management measures in place on the producers will advance the purposes of the grassland re- in effect, with respect to such a conservation se- operation at the time the conservation security serve program. Section 1305(d) of the Agricul- curity contracts during the term of the contract. contract is accepted; and tural Reconciliation Act of 1987 (Public Law (c) PROHIBITION ON NEW CONTRACTS.—A con- ‘‘(B) installation and adoption of new con- 100-203; 7 U.S.C. 1308 note) shall not apply to servation security contract may not be entered servation practices, activities, and management payments received by a State or political sub- into or renewed under subchapter A of chapter measures or improvements to conservation prac- division or agency thereof in connection with 2 of subtitle D of title XII of the Food Security tices, activities, and management measures in such an agreement.’’. Act of 1985 (16 U.S.C. 3838 et seq.), as in effect place on the producer’s operation, as required (e) USE OF PRIVATE ORGANIZATIONS OR STATE on the day before the date of the enactment of by the conservation security contract. AGENCIES.—Section 1238Q of the Food Security this Act, after September 30, 2007. ‘‘(4) PAYMENT AMOUNT.—The amount of the Act of 1985 (16 U.S.C. 3838q) is amended— stewardship enhancement payment shall be de- SEC. 2104. GRASSLAND RESERVE PROGRAM. (1) by striking subsection (a) and inserting the termined by the Secretary and shall be based, to (a) ENROLLMENT PRIORITY.—Subsection (b) of following new subsection: the maximum extent feasible, on— section 1238N of the Food Security Act of 1985 ‘‘(a) AUTHORITY TO USE PRIVATE ORGANIZA- ‘‘(A) a portion of the actual costs incurred by (16 U.S.C. 3838n) is amended by striking para- TIONS OR STATES.—The Secretary shall permit a the producer; and graph (3) and inserting the following new para- private conservation or land trust organization ‘‘(B) the income forgone by the producer; and graph: (referred to in this section as a ‘private organi- ‘‘(C) resource-specific indices, in any case in ‘‘(3) PRIORITY FOR LONG-TERM AGREEMENTS zation’) or a State agency to own, write, and which such indices have been developed and im- AND EASEMENTS.—Of the total number of acres enforce an easement under this subchapter, in plemented.. enrolled in the program at any one time through lieu of the Secretary, subject to the right of the ‘‘(d) PAYMENT LIMITATIONS.—An individual the methods described in paragraph (2)(A), the Secretary to conduct periodic inspections and or entity may not receive, directly or indirectly, Secretary shall ensure that at least 60 percent of enforce the easement, if— payments under a conservation security con- the acres were enrolled through the use of 30- ‘‘(1) the Secretary determines that granting tract that, in the aggregate, exceed $150,000 for year rental agreements and permanent and the permission will promote protection of grass- the 5-year term of the conservation security con- long-term easements described in clause (ii) of land, land that contains forbs, and shrubland; tract, excluding funding arrangements with fed- such paragraph.’’. ‘‘(2) the owner authorizes the private organi- erally recognized Indian Tribes or Alaska Native (b) ENROLLMENT OF ACREAGE.—Subsection (b) zation or State agency to hold and enforce the Corporations. of section 1238N of the Food Security Act of 1985 easement; and ‘‘(e) REGULATIONS.—The Secretary shall pro- (16 U.S.C. 3838n) is amended by striking para- ‘‘(3) the private organization or State agency mulgate regulations that— graph (1) and inserting the following new para- agrees to assume the costs incurred in admin- ‘‘(1) provide for adequate safeguards to pro- graph: istering and enforcing the easement, including tect the interests of tenants and sharecroppers, ‘‘(1) ENROLLMENT.—The Secretary shall enroll the costs of restoration or rehabilitation of the including provision for sharing payments, on a an additional 1,000,000 acres of restored or im- land as specified by the owner and the private fair and equitable basis; and proved grassland, rangeland, and pastureland organization or State agency.’’; ‘‘(2) prescribe such other rules as the Sec- in the grassland reserve program during fiscal (2) in subsection (b), by striking ‘‘hold’’ and retary determines to be necessary to ensure a years 2008 through 2012.’’. inserting ‘‘own, write,’’; and fair and reasonable application of the limita- (c) ENROLLMENT OF CONSERVATION RESERVE (3) in subsection (c), by striking ‘‘hold’’ and tions established under subsection (d). PROGRAM LAND.—Section 1238N of the Food Se- inserting ‘‘own, write,’’.

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SEC. 2105. ENVIRONMENTAL QUALITY INCEN- implements energy efficiency improvements or (i) EVALUATION OF APPLICATIONS FOR COST- TIVES PROGRAM. renewable energy systems, in accordance with SHARE PAYMENTS AND INCENTIVE PAYMENTS.— (a) PURPOSES.—Section 1240 of the Food Secu- this chapter shall be eligible to receive incentive Section 1240C of the Food Security Act of 1985 rity Act of 1985 (16 U.S.C. 3839aa) is amended— payments.’’. (16 U.S.C. 3839aa–3) is amended to read as fol- (1) in the matter preceding paragraph (1), by (d) BEGINNING FARMERS OR RANCHERS AND SO- lows: inserting ‘‘, forest management, organic transi- CIALLY DISADVANTAGED FARMERS OR RANCH- ‘‘SEC. 1240C. EVALUATION OF APPLICATIONS FOR tion,’’ after ‘‘agricultural production’’; and ERS.—Section 1240B(d)(2) of the Food Security COST-SHARE PAYMENTS AND INCEN- (2) by striking paragraphs (3) and (4) and in- Act of 1985 (16 U.S.C. 3839aa–2(d)(2)) is amended TIVE PAYMENTS. serting the following new paragraphs: by striking subparagraph (A) and inserting the ‘‘(a) PRIORITIES AND GROUPING OF APPLICA- ‘‘(3) providing flexible assistance to producers following new subparagraph: TIONS.—In evaluating applications for cost- to install and maintain conservation practices ‘‘(A) INCREASED COST-SHARE FOR CERTAIN PRO- share payments and incentive payments, the that, while sustaining production of food and DUCERS.—The Secretary shall increase the Secretary shall— fiber— amount provided under paragraph (1) to a pro- ‘‘(1) prioritize applications based on their ‘‘(A) enhance soil, water, and related natural ducer that is a beginning farmer or rancher, so- overall level of cost-effectiveness to ensure that resources, including grazing land, forestland, cially disadvantaged farmer or rancher, or lim- the conservation practices and approaches pro- wetland, and wildlife; and ited resource farmer or rancher to 90 percent of posed are the most efficient means of achieving ‘‘(B) conserve energy; the cost of the practice, as determined by the the anticipated environmental benefits of the ‘‘(4) assisting producers to make beneficial, Secretary.’’. project; cost effective changes to cropping systems, graz- (e) ADDITIONAL SUPPORT FOR USE OF GASIFIER ‘‘(2) prioritize applications based on how ef- ing management, energy use, forest manage- TECHNOLOGY.—Section 1240B(d)(2) of the Food fectively and comprehensively the project ad- ment, nutrient management associated with Security Act of 1985 (16 U.S.C. 3839aa–2(d)(2)) is dresses the designated resource concern or re- livestock, pest or irrigation management, or amended by adding at the end the following source concerns; other practices on agricultural and forested new subparagraph: ‘‘(3) prioritize applications that best fulfill the land; and’’. ‘‘(C) INCREASED COST-SHARE FOR USE OF GASI- purpose of the environmental quality incentives (b) DEFINITIONS.—Section 1240A of the Food FIER TECHNOLOGY.—In carrying out this chap- program specified in section 1240(1); Security Act of 1985 (16 U.S.C. 3839aa–1) is ter, the Secretary shall promote air quality by ‘‘(4) develop criteria for evaluating applica- amended— providing for a 90 percent cost share for those tions that will ensure that national, State, and (1) by striking paragraph (3) and inserting the projects that utilize gasifier technology for the local conservation priorities are effectively ad- following new paragraph: purposes of the disposal of animal carcasses and dressed; and ‘‘(3) LAND MANAGEMENT PRACTICE.— by-products.’’. ‘‘(5) to the greatest extent practicable, group ‘‘(A) IN GENERAL.—The term ‘land manage- (f) INCENTIVE PAYMENTS.—Section 1240B(e) of applications of similar crop or livestock oper- ment practice’ means a site-specific nutrient or the Food Security Act of 1985 (16 U.S.C. 3839aa– ations for evaluation purposes or otherwise manure management, integrated pest manage- 2(e)) is amended— evaluate applications relative to other applica- ment, irrigation management, tillage or residue (1) by striking paragraph (1) and inserting the tions for similar farming operations. management, grazing management, air quality following new paragraph: ‘‘(b) EVALUATION PROCESS.—The Secretary management, forest management, silvicultural ‘‘(1) AVAILABILITY OF INCENTIVE PAYMENTS.— shall ensure that the evaluation process is as practice, or other land management practice The Secretary shall make incentive payments in streamlined and efficient as practicable in the carried out on eligible land that the Secretary an amount and at a rate determined by the Sec- case of applications that— determines is needed to protect from degrada- retary to be necessary to encourage a pro- ‘‘(1) involve operations with substantial and tion, in the most cost-effective manner, water, ducer— sound environmental management systems; and soil, or related resources. ‘‘(A) to perform 1 or more land management ‘‘(2) seek a single practice or a limited number ‘‘(B) FOREST MANAGEMENT PRACTICES.—For practices; of practices to further improve the environ- purposes of subparagraph (A), forest manage- ‘‘(B) to receive technical services from an ap- mental performance of that system.’’. ment practices may include activities that the proved third-party provider; (j) DUTIES OF PRODUCERS.—Section 1240D(2) Secretary determines are needed to— ‘‘(C) to develop a comprehensive nutrient of the Food Security Act of 1985 (16 U.S.C. ‘‘(i) improve water quality; management plan; or 3839aa–4(2)) is amended by striking ‘‘or ranch’’ ‘‘(D) to implement energy efficiency improve- ‘‘(ii) restore forest biodiversity; or and inserting ‘‘, ranch, or forestland’’. ments or renewable energy systems.’’; and ‘‘(iii) control invasive species. (k) PROGRAM PLAN.—Section 1240E of the (2) in paragraph (2), by inserting ‘‘pollinator ‘‘(C) COORDINATED IMPLEMENTATION.—A land Food Security Act of 1985 (16 U.S.C. 3839aa–5) is habitat,’’ after ‘‘invasive species,’’. management practice may involve multiple land- (g) ALLOCATION OF FUNDING.—Section amended by striking subsections (a) and (b) and owners implementing eligible conservation ac- 1240B(g) of the Food Security Act of 1985 (16 inserting the following new subsections: tivities in a coordinated fashion.’’; U.S.C. 3839aa–2(g)) is amended— ‘‘(a) PLAN OF OPERATIONS.—To be eligible to (2) in paragraph (4), by inserting ‘‘alpacas, (1) by striking ‘‘For each’’ and inserting the receive cost-share payments or incentive pay- bison,’’ after ‘‘sheep,’’; following: ments under the program, a producer shall sub- (3) by redesignating paragraphs (3), (4), (5), ‘‘(1) ALLOCATION FOR LIVESTOCK PRODUCTION mit to the Secretary for approval a plan of oper- and (6), as so amended, as paragraphs (4), (5), PRACTICES.—For each’’; ations that— (6), and (8), respectively; (2) in such paragraph, as so designated, by ‘‘(1) specifies practices covered under the pro- (4) by inserting after paragraph (2) the fol- striking ‘‘2007’’ and inserting ‘‘2012’’; and gram; lowing new paragraph: (3) by adding at the end the following new ‘‘(2) includes such terms and conditions as the ‘‘(3) INTEGRATED PEST MANAGEMENT.—The paragraph: Secretary considers necessary to carry out the term ‘integrated pest management’ means a sus- ‘‘(2) ALLOCATION FOR CERTAIN PRODUCERS.— program, including a description of the purposes tainable approach to managing pests by com- For each of fiscal years 2007 through 2012, of to be met by the implementation of the plan; bining biological, cultural, physical, and chem- the funds made available for cost-share pay- ‘‘(3) in the case of a confined livestock feeding ical tools in a way that minimizes economic, ments and incentive payments under this chap- operation, provides for development and imple- health, an environmental risks.’’; and ter, the Secretary shall reserve, for a period of mentation of a comprehensive nutrient manage- (5) by inserting after paragraph (6), as so re- not less than 90 days after the date on which ment plan, if applicable; and designated, the following new paragraph: the funds are made available for the fiscal ‘‘(4) in the case of forestland, is consistent ‘‘(7) SOCIALLY DISADVANTAGED FARMER OR year— with the provisions of a forest management plan RANCHER.—The term ‘socially disadvantaged ‘‘(A) not less than 5 percent for beginning meeting with the approval of the Secretary, farmer or rancher’ has the meaning given the farmers and ranchers; and which may include a forest stewardship plan, as term under section 355(e) of the Consolidated ‘‘(B) not less than 5 percent of funds for so- specified in section 5 of the Cooperative Forestry Farm and Rural Development Act (7 U.S.C. cially disadvantaged farmers and ranchers and Assistance Act of 1978 (16 U.S.C. 2103a), other 2003(e)).’’. limited resource farmers and ranchers.’’. practice plan approved by the State forester, or (c) ELIGIBLE PRACTICES.—Section 1240B(a) of (h) ELIGIBILITY OF MARKET AGENCIES AND other plan determined appropriate by the Sec- the Food Security Act of 1985 (16 U.S.C. 3839aa– CUSTOM FEEDING BUSINESSES.—Section 1240B of retary. 2(a)) is amended— the Food Security Act of 1985 (16 U.S.C. 3839aa– ‘‘(b) AVOIDANCE OF DUPLICATION.—The Sec- (1) in paragraph (1), by striking ‘‘2010’’ and 2) is amended by adding at the end the fol- retary shall— inserting ‘‘2012’’; and lowing new subsection: ‘‘(1) consider a permit acquired under a water (2) in paragraph (2)— ‘‘(i) ELIGIBILITY OF MARKET AGENCIES AND or air quality regulatory program as the equiva- (A) in subparagraph (A), by inserting ‘‘or re- CUSTOM FEEDING BUSINESSES FOR ASSISTANCE.— lent of a plan of operations under subsection ceives organic certification’’ after ‘‘chapter’’; A market agency (as defined in section 301(c) of (a); and and the Packers and Stockyards Act, 1921 (7 U.S.C. ‘‘(2) to the maximum extent practicable, elimi- (B) by striking subparagraph (B) and insert- 201(c))) or custom feeding business may receive nate duplication of planning activities under ing the following new subparagraph: technical assistance, cost-share payments, or in- the program under this chapter and comparable ‘‘(B) a producer that implements a land man- centive payments under the program. Any ref- conservation programs.’’. agement practice, receives technical services erence to ‘producer’ in this chapter shall be (l) DUTIES OF THE SECRETARY.—Section 1240F from an approved third-party provider, develops deemed to include a market agency or custom of the Food Security Act of 1985 (16 U.S.C. a comprehensive nutrient management plan, or feeding business.’’. 3839aa–6) is amended—

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00146 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.007 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8983 (1) by striking ‘‘To the extent’’ and inserting gram and publish a report, available to the pub- ‘‘(C) a federally recognized Indian tribe. ‘‘(a) PROVISION OF ASSISTANCE.—To the extent’’; lic, of the results of the assessment. Such assess- ‘‘(b) ESTABLISHMENT OF PROGRAM.— and ments shall be undertaken in the second year ‘‘(1) ESTABLISHMENT.—The Secretary shall es- (2) by adding at the end the following new and the fifth year of the pilot program. tablish a regional water enhancement program subsection: ‘‘(d) FUNDING.— in accordance with this section to improve water ‘‘(b) WATER SAVINGS.—In the case of a prac- ‘‘(1) AVAILABILITY OF FUNDS.—Of the funds quality or water quantity on a regional scale to tice primarily intended to conserve water, the made available under section 1241(a)(6) for fis- benefit working agricultural land and other Secretary may provide assistance to a producer cal years 2008 through 2012, the Secretary shall lands surrounding agricultural land. under this section only if the Secretary deter- use $30,000,000 for fiscal year 2008, $35,000,000 ‘‘(2) IDENTIFICATION OF WATER QUALITY AND mines that— for fiscal year 2009, $50,000,000 for fiscal year WATER QUANTITY PRIORITY AREAS.—The Sec- ‘‘(1) the practice results in a minimum reduc- 2010, $60,000,000 for fiscal year 2011, and retary shall identify areas where protecting or tion, as determined by the Secretary, in the total $75,000,000 for fiscal year 2012. improving water quality, water quantity, or consumptive use of ground water or surface ‘‘(2) OUTREACH FOR CERTAIN PRODUCERS.—Of both is a priority. In identifying these areas, the water resources affected by the practice; the funds made available under paragraph (1) Secretary shall prioritize the Chesapeake Bay, ‘‘(2) any saved water remains in the source for for a fiscal year, the Secretary shall use the Upper Mississippi River basin, the Ever- the useful life of the practice; and $5,000,000 to make grants to support effective glades, and the Klamath River basin. Not more ‘‘(3) the practice will not result, directly or in- outreach and innovative approaches for out- than 50 percent of the funds made available for directly, in an increase in the consumptive use reach and to serve organic producers and pro- the regional water enhancement program shall of water in the agriculture operation of the pro- ducers of specialty crops (as defined in section be reserved for priority areas identified in this ducer.’’. 3 of the Specialty Crops Competitiveness Act of paragraph. (m) CONSERVATION INNOVATION GRANTS.—Sec- 2004 (Public Law 108–465; 7 U.S.C. 1621 note). ‘‘(c) SELECTION OF PARTNERS.— tion 1240H of the Food Security Act of 1985 (16 ‘‘(3) COMPREHENSIVE CONSERVATION PLAN- ‘‘(1) SOLICITATION OF PARTNERSHIP PRO- U.S.C. 3839aa–8) is amended to read as follows: NING.—Of the funds made available under para- POSALS.—Not later than 90 days after the date ‘‘SEC. 1240H. CONSERVATION INNOVATION graph (1) for a fiscal year, the Secretary shall of the enactment of the Farm, Nutrition, and GRANTS. use $5,000,000 to carry out the comprehensive Bioenergy Act of 2007, the Secretary shall invite ‘‘(a) COMPETITIVE GRANTS.—The Secretary conservation planning pilot program under sub- prospective partners to submit competitive grant shall pay the cost of competitive grants that are section (c). proposals for regional water enhancement part- intended to stimulate innovative approaches to ‘‘(4) AIR QUALITY.—Of the funds made avail- nerships. leveraging Federal investment in environmental able under paragraph (1), the Secretary shall ‘‘(2) ELEMENTS.—To be eligible for consider- enhancement and protection, in conjunction use $10,000,000 for fiscal year 2008, $15,000,000 ation for participation in the program, a pro- with agricultural production or forest resource for fiscal year 2009, $30,000,000 for fiscal year posal submitted by a partner shall contain the management, through the program. 2010, $40,000,000 for fiscal year 2011, and following elements: ‘‘(b) USE.—The Secretary may provide grants $55,000,000 for fiscal year 2012 to support air ‘‘(A) Identification of the exact geographic under this section to governmental and non-gov- quality improvement and performance incentives area for which the partnership is proposed, ernmental organizations and persons, on a com- for States to help meet State and local regu- which may be based on— petitive basis, to carry out projects that— latory requirements related to air quality.’’. ‘‘(i) a watershed (or portion thereof); ‘‘(1) involve producers that are eligible for ‘‘(ii) an irrigation, water, drainage district, payments or technical assistance under the pro- SEC. 2106. REGIONAL WATER ENHANCEMENT PROGRAM. including service area; or gram; ‘‘(iii) some other geographic area with charac- ‘‘(2) leverage funds made available to carry (a) PURPOSE AND GOALS.—The purpose of this section is to authorize a regional water en- teristics making it suitable for landscape-wide out the program under this chapter with match- program implementation, as may be determined ing funds provided by State and local govern- hancement program, within the environmental quality incentives program, to enhance perform- by the Secretary. ments and private organizations to promote en- ‘‘(B) Identification of the water quality or ance-based, cost-effective conservation carried vironmental enhancement and protection in water quantity issues that are of concern in the out through cooperative agreements entered into conjunction with agricultural production; area. by the Secretary of Agriculture with producers, ‘‘(3) ensure efficient and effective transfer of ‘‘(C) A method for determining a baseline as- governmental entities, and Indian tribes. The innovative technologies and approaches dem- sessment of water quality, water quantity, and goal of the program is to improve water quality onstrated through projects that receive funding other resource conditions in the region. under this section; and or ground and surface water quantity through ‘‘(D) A detailed description of the proposed re- ‘‘(4) provide environmental and resource con- coordinated program activities on agricultural gional water enhancement activities to be un- servation benefits through increased participa- lands. The Secretary will develop goals and pro- dertaken in the area, including an estimated tion by producers of specialty crops. vide coordinated program assistance for water timeline and budget for each activity. ‘‘(c) PILOT PROGRAM FOR COMPREHENSIVE quality or water quantity improvement projects. ‘‘(E) A description of the performance meas- CONSERVATION PLANNING.— (b) ESTABLISHMENT OF PROGRAM.—Section ures to be used to gauge the effectiveness of the ‘‘(1) PILOT PROGRAM REQUIRED.—The Sec- 1240I of the Food Security Act of 1985 (16 U.S.C. regional water enhancement activities. retary shall establish a pilot program to under- 3839aa–9) is amended to read as follows: ‘‘(F) A description of other regional water en- take comprehensive conservation planning to ‘‘SEC. 1240I. REGIONAL WATER ENHANCEMENT hancement activities carried out by the Sec- assist producers before they submit an applica- PROGRAM. retary. tion for assistance under any of the conserva- ‘‘(a) DEFINITIONS.—In this section: ‘‘(G) A description of regional water enhance- tion programs authorized by this subtitle. ‘‘(1) REGIONAL WATER ENHANCEMENT ACTIVI- ment activities carried out by partners through ‘‘(2) CONSERVATION PLANNING ASSISTANCE.— TIES.—The term ‘regional water enhancement other means. The Secretary shall undertake pilot projects activities’ includes resource condition assess- ‘‘(3) SELECTION OF PROPOSALS.—The Secretary under the pilot program in the locations speci- ment and modeling, water quality, water quan- shall award grants competitively, based on the fied in paragraph (3) to assist producers by tity or water conservation plan development, following criteria applied by the Secretary: making a comprehensive assessment of the re- management system and environmental moni- ‘‘(A) Proposals that will result in the inclu- source concerns, needs, and alternative solu- toring and evaluation, cost-share of restoration sion of the highest percentage of agricultural tions for the producer’s entire operation, as de- or enhancement projects, incentive payments for lands and producers in the area. termined by the Secretary, following the proce- land management practices, easement pur- ‘‘(B) Proposals that will result in the highest dures in the Natural Resources Conservation chases, conservation contracts with landowners, percentage of on-the-ground activities versus Service conservation planning manual. The as- improved irrigation systems, water banking and administrative costs. sistance shall be provided by the Secretary di- other forms of water transactions, groundwater ‘‘(C) Proposals that will provide the greatest rectly or through third party providers certified recharge and other conservation related activi- contribution to sustaining or enhancing agricul- by the Secretary, and shall not be at the ex- ties that the Secretary determines will help to tural production in the area or rural economic pense of the producer. The results of the com- achieve the water quality or water quantity development. prehensive planning assistance shall be pro- benefits on agricultural lands identified in a ‘‘(D) Proposals that include performance vided to the producer to enable informed choices partnership agreement. measures that will allow post-activity conditions on the type of financial assistance available ‘‘(2) PARTNERSHIP AGREEMENT.—The term to be satisfactorily measured to gauge overall ef- under this subtitle that would most effectively ‘partnership agreement’ means an agreement be- fectiveness. address the resource needs of the operation con- tween the Secretary and a partner under sub- ‘‘(E) Proposals that will capture surface-water sistent with the environmental goals for the section (d). runoff on farms through the construction, im- area in which the operation is located. ‘‘(3) PARTNER.—The term ‘partner’ means an provement, or maintenance of irrigation ponds. ‘‘(3) PILOT PROJECTS.—Pilot projects in com- entity that enters into a partnership agreement ‘‘(F) Proposals that have the highest likeli- prehensive conservation planning shall be un- with the Secretary to carry out regional water hood of improving issues of concern for the area dertaken in the Chesapeake Bay watershed, and enhancement activities. The term includes— through the participation of multiple interested shall include the identification of hydrologic, ‘‘(A) an agricultural producer, agricultural or persons. soil, and rural land use factors that are unique silvicultural producer association, or other ‘‘(G) Proposals that will assist producers in to the Delmarva Peninsula. group of such producers; meeting a regulatory requirement imposed on ‘‘(4) REPORT.—The Secretary shall conduct an ‘‘(B) a State or unit of local government, in- lands in agriculture production that reduces the assessment of the effectiveness of the pilot pro- cluding an irrigation or water district; or economic scope of the producer’s operation.

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‘‘(4) DURATION.—Grants under this subsection SEC. 2109. GREAT LAKES BASIN PROGRAM FOR ests in land in a timely and effective manner. A shall be made on a multi-year basis, not to ex- SOIL EROSION AND SEDIMENT CON- State receiving a grant under this subsection ceed 5 years total, except that the Secretary may TROL. may use up to 10 percent of the grant funds for terminate a grant earlier if the performance Section 1240P(c) of the Food Security Act of reasonable costs of purchasing and enforcing measures are not being met. 1985 (16 U.S.C. 3839bb–3(c)) is amended by strik- conservation easements. ‘‘(d) PARTNERSHIP AGREEMENTS.— ing ‘‘2007’’ and inserting ‘‘2012’’. ‘‘(c) CERTIFICATION OF STATES FOR GRANTS.— ‘‘(1) GENERALLY.—Not later than 30 days after SEC. 2110. FARM AND RANCHLAND PROTECTION ‘‘(1) CERTIFICATION PROCESS.—The Secretary the award of a grant to a partner under sub- PROGRAM. shall implement a process, to be published in the section (c), the Secretary shall enter into a part- Subchapter B of chapter 2 of subtitle D of title Federal Register, for certifying States as eligible nership agreement with the grant recipient. At a XII of the Food Security Act of 1985 (16 U.S.C. to participate in the program. The Secretary minimum, the agreement shall contain— 3838h et seq.) is amended to read as follows: may provide a reasonable transitional period, ‘‘(A) a description of the respective duties and ‘‘Subchapter B—Farm and Ranchland not to extend past September 30, 2008, in order responsibilities of the Secretary and the partner Protection Program to allow continued operation of the program for in carrying out regional water enhancement ac- such time as needed for the Secretary to imple- ‘‘SEC. 1238H. DEFINITIONS. ment the certification process. tivities; and ‘‘In this subchapter: ‘‘(B) the criteria that the Secretary will use to ‘‘(2) CERTIFICATION REQUIREMENTS.—To be ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- measure the overall effectiveness of the regional certified under the process implemented under ty’ means any of the following: paragraph (1), a State shall demonstrate, at a water enhancement activities funded by the ‘‘(A) An agency of a State or local government grant in improving the water quality or quan- minimum, the following: or an Indian tribe (including a farmland protec- ‘‘(A) A legislative or organizational purpose tity conditions of the region relative to the per- tion board or land resource council established consistent with the purposes of the program. formance measures in the grant proposal. under State law). ‘‘(B) The necessary authority and the re- ‘‘(2) ACCEPTANCE OF CONTRIBUTIONS.—The ‘‘(B) An organization that is organized for, sources and technical ability to monitor and en- Secretary may accept and use contributions of and at all times since the formation of the orga- force the terms of conservation easements or non-Federal funds to administer the program nization has been operated principally for, 1 or other interests in land or to require the holder under this section. more of the conservation purposes specified in of such easements or other interests in land ac- ‘‘(3) WAIVER AUTHORITY.—The Secretary shall clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) quired with the use of funding under the pro- waive the limitation in section 1001D of this Act of the Internal Revenue Code of 1986. gram to monitor and enforce the terms of such if the Secretary determines that doing so is nec- ‘‘(C) An organization described in section easements or other interests in land. essary to fulfill the objectives of the regional 501(c)(3) of the Internal Revenue Code of 1986 ‘‘(C) The capacity to provide the necessary water enhancement program. that is exempt from taxation under section matching funds from non-Federal sources for ‘‘(e) MODIFICATION OF SECRETARIAL AUTHOR- 501(a) of that Code. projects undertaken under the program and to ITY.—To the extent that the Secretary will be ‘‘(D) An organization described in section use program funds in a timely and effective carrying out regional water enhancement activi- 509(a)(2) of the Internal Revenue Code of 1986. manner. ties in an area, the Secretary may use the gen- ‘‘(E) An organization described in section ‘‘(D) Policies and procedures to ensure that, eral authorities provided in this subtitle to en- 509(a)(3) of the Internal Revenue Code of 1986 on average, the purchase price of conservation sure that all producers and landowners in the that is controlled by an organization described easements or other interests in land purchased region have the opportunity to participate in in section 509(a)(2), of that Code. with program funds do not exceed the fair mar- such activities. ‘‘(2) ELIGIBLE LAND.—The term ‘eligible land’ ket value of the easements or other interests in ‘‘(f) RELATIONSHIP WITH OTHER PROGRAMS.— means land on a farm or ranch that— land. The Secretary shall ensure that, to the extent ‘‘(A) is cropland; ‘‘(E) Policies and procedures that ensure that producers and landowners are individually par- ‘‘(B) is rangeland; conservation easements or other interests in ticipating in other programs under this subtitle ‘‘(C) is grassland; land purchased with program funds will con- in a region where the regional water enhance- ‘‘(D) is pasture land; tinue to protect the agricultural use and related ment program is in effect, any improvements to ‘‘(E) is forest land that is an incidental part conservation values of the land. water quality or water quantity attributable to of an agricultural operation, as determined by ‘‘(F) Provision for continued stewardship of such individual participation is included in the the Secretary; or the conservation easements or other interest in evaluation criteria developed under subpara- ‘‘(F) contains historical or archaeological re- land purchased with program funds in the event graph (d)(1)(B). sources. the State loses its certification under the pro- ‘‘(g) CONSISTENCY WITH STATE LAW.—Any re- ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ gram. gional water enhancement activity conducted has the meaning given the term in section 4 of ‘‘(G) A determination of its own criteria and under this section shall be consistent with State the Indian Self-Determination and Education priorities for purchasing conservation easements water laws. Assistance Act (25 U.S.C. 450b). and other interests in land under the program. GREEMENTS ITH LIGIBLE NTITIES ‘‘(h) FUNDING.— ‘‘(4) PROGRAM.—The term ‘program’ means ‘‘(d) A W E E .— ‘‘(1) AGREEMENTS AUTHORIZED.—The Sec- ‘‘(1) AVAILABILITY OF FUNDS.—In addition to the farm and ranchland protection program es- retary may enter into an agreement with an eli- funds made available to carry out this chapter tablished under section 1238I(a). gible entity, under which the entity may pur- under section 1241(a)(6), the Secretary shall use ‘‘(5) SECRETARY.—The term ‘Secretary’ means chase conservation easements using a combina- funds of the Commodity Credit Corporation to the Secretary of Agriculture. carry out this section in the amount of, to the tion of its own funds and funds distributed by ‘‘SEC. 1238I. FARM AND RANCHLAND PROTECTION the Secretary under the program. maximum extent practicable, $60,000,000 for each PROGRAM. ‘‘(2) TERMS AND CONDITIONS.—An agreement of fiscal years 2008 through 2012. ‘‘(a) ESTABLISHMENT.— ‘‘(2) LIMITATION ON ADMINISTRATIVE EX- under this subsection shall stipulate the terms ‘‘(1) ESTABLISHMENT AND PURPOSE.—The Sec- and conditions under which the eligible entity PENSES.—Not more than 3 percent of the funds retary shall establish and carry out a farm and made available under paragraph (1) for a fiscal shall use funds provided by the Secretary under ranchland protection program under which the the program. The eligible entity shall be author- year may be used for administrative expenses of Secretary shall facilitate and provide funding the Secretary.’’. ized to use its own terms and conditions for con- for the purchase of conservation easements or servation easements and other purchases of in- SEC. 2107. GRASSROOTS SOURCE WATER PROTEC- other interests in eligible land that is subject to TION PROGRAM. terests in land, so long as— a pending offer from a certified State or eligible ‘‘(A) such terms and conditions are consistent (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- entity for the purpose of protecting the agricul- with the purposes of the program and permit ef- tion 1240O(b) of the Food Security Act of 1985 tural use and related conservation values of the fective enforcement of the conservation purposes (16 U.S.C. 3839bb–2(b)) is amended by striking land by limiting incompatible nonagricultural of such easements or other interests; ‘‘$5,000,000 for each of fiscal years 2002 through uses of the land. ‘‘(B) the eligible entity has in place a require- 2007’’ and inserting ‘‘$20,000,000 for each of fis- ‘‘(2) PRIORITY.—In carrying out the program, ment consistent with agricultural activities re- cal years 2008 through 2012’’. the Secretary shall give the highest priority— garding the impervious surfaces to be allowed (b) ADDITIONAL FUNDING.—Section 1240O of ‘‘(A) to protecting farm and ranchland with for any conservation easement or other interest the Food Security Act of 1985 (16 U.S.C. 3839bb– prime, unique or other productive soils that are in land purchased using funds provided under 2) is amended by adding at the end the fol- at risk of non-agricultural development; or the program; and lowing new subsection: ‘‘(B) to projects that further a State or local ‘‘(C) the eligible entity requires use of a con- ‘‘(c) ONE-TIME INFUSION OF FUNDS.—Of the policy consistent with the purposes of the pro- servation plan for any highly erodible cropland funds of the Commodity Credit Corporation, the gram. for which a conservation easement or other in- Secretary shall make available, on a one-time ‘‘(b) GRANTS TO CERTIFIED STATES.—The Sec- terest in land has been purchased using funds basis, $10,000,000 to carry out this section. Such retary shall make grants to States certified by provided under the program. funds shall remain available until expended.’’. the Secretary under subsection (c). Such grants ‘‘(e) FEDERAL CONTINGENT RIGHT OF EN- SEC. 2108. CONSERVATION OF PRIVATE GRAZING shall be made based on demonstrated need for FORCEMENT.—The Secretary may require the in- LAND. farm and ranch land protection. Grants may be clusion of a Federal contingent right of enforce- Section 1240M(e) of the Food Security Act of made for multiple transactions so long as all ment or executory limitation in a conservation 1985 (16 U.S.C. 3839bb(e)) is amended by striking funds provided under the program are used to easement or other interest in land for conserva- ‘‘2007’’ and inserting ‘‘2012’’. purchase conservation easements or other inter- tion purposes purchased with Federal funds

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00148 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.008 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8985 provided under the program, in order to preserve Act (7 U.S.C. 1524(b)(4)(B)(i)) is amended by side channels, including their watersheds, the easement as a party of last resort. The in- striking ‘‘Except as provided in clauses (ii) and draining into the Chesapeake Bay. clusion of such a right or interest shall not be (iii), the’’ and inserting ‘‘The’’. ‘‘(b) COMPREHENSIVE PLAN FOR CHESAPEAKE considered to be the Federal acquisition of real (c) CERTAIN USES.—Section 524(b)(4) of the BAY WATERSHED.— property and the Federal standards and proce- Federal Crop Insurance Act (7 U.S.C. ‘‘(1) DEVELOPMENT.—The Secretary of Agri- dures for land acquisition shall not apply to the 1524(b)(4)(B)) is amended by adding at the end culture shall develop, as expeditiously as prac- inclusion of the right or interest the following new subparagraph: ticable, a proposed comprehensive plan for the ‘‘(f) REVIEW; REVOCATION.— ‘‘(C) CERTAIN USES.—Of the amounts made purpose of restoring, preserving, and protecting ‘‘(1) REVIEW.—Every 3 years, the Secretary available to carry out this subsection for a fiscal the Chesapeake bay watershed. shall review the certification of States under year, the Commodity Credit Corporation shall ‘‘(2) PROVEN TECHNOLOGIES AND INNOVATIVE subsection (c) and the performance of eligible use not less than— APPROACHES.—The comprehensive plan shall entities in meeting the terms and conditions of ‘‘(i) 50 percent to carry out subparagraphs provide for the development of new technologies an agreement under subsection (d). (A), (B), and (C) of paragraph (2) through the and innovative approaches to advance the fol- ‘‘(2) REVOCATION.— If, in the determination of Natural Resources Conservation Service; lowing goals: the Secretary, a State no longer meets the quali- ‘‘(ii) 10 percent to provide organic certification ‘‘(A) Improvement of water quality and quan- fications described in subsection (c)(2) or an eli- cost share assistance through the Agricultural tity within the Chesapeake Bay. gible entity is not meeting the terms and condi- Marketing Service; and ‘‘(B) Restoration, enhancement, and preserva- tions of an agreement under subsection (d), the ‘‘(iii) 40 percent to conduct activities to carry tion of habitat for plants and wildlife. Secretary may— out subparagraph (F) of paragraph (2) through ‘‘(C) Increase economic opportunity for pro- ‘‘(A) revoke the certification of the State or the Risk Management Agency.’’. ducers and rural communities. terminate the agreement with the eligible entity; SEC. 2202. RESOURCE CONSERVATION AND DE- ‘‘(3) SPECIFIC COMPONENTS.—The comprehen- or VELOPMENT PROGRAM. sive plan shall include such features as are nec- ‘‘(B) allow the State or eligible entity a speci- (a) LOCALLY LED PLANNING PROCESS.—Section essary to provide for— fied period of time in which to take such actions 1528 of the Agriculture and Food Act of 1981 (16 ‘‘(A) the development and implementation of a as may be necessary to retain its certification or U.S.C. 3451) is amended— program for erosion prevention and control, to meet the terms and conditions of the agree- (1) in paragraph (1), by striking ‘‘planning sediment control and sediment removal, and re- ment, as the case may be. process’’ in the matter preceding subparagraph duction of nutrient loads; ‘‘(g) CONSERVATION PLAN.—Any highly erod- (A) and inserting ‘‘locally led planning proc- ‘‘(B) the development and implementation of a ible cropland for which a conservation easement ess’’; and program for— or other interest is purchased under this sub- (2) in paragraph (9), by striking ‘‘council’’ ‘‘(i) the planning, conservation, evaluation, chapter shall be subject to the requirements of a and inserting ‘‘locally led council’’. and construction of measures for fish and wild- conservation plan. In the case of an easement or (b) AUTHORIZED TECHNICAL ASSISTANCE.—Sec- life habitat conservation and rehabilitation; and other interest in land that is perpetual in dura- tion 1528(13) of the Agriculture and Food Act of ‘‘(ii) stabilization and enhancement of land tion, the Secretary may not require the conver- 1981 (16 U.S.C. 3451(13)) is amended by striking and water resources; and sion of the cropland to less intensive uses if, subparagraphs (C) and (D) and inserting the ‘‘(C) the development and implementation of a under such plan, soil erosion can be reduced to following new subparagraphs: long-term resource monitoring program. ‘T’ or below. ‘‘(C) providing assistance for the implementa- ‘‘(4) CONSULTATION.—The comprehensive plan ‘‘(h) COST SHARING.—The share of the cost tion of area plans and projects; and shall be developed by the Secretary in consulta- provided under this section for purchasing a ‘‘(D) providing services which bring to bear tion with appropriate Federal and State agen- conservation easement or other interest in land the resources of Department of Agriculture pro- cies. shall not exceed 50 percent of the appraised fair grams in a local community, as defined in the ‘‘(c) SUBMISSION OF PLAN.— market value of the conservation easement or locally led planning process.’’. ‘‘(1) SUBMISSION.—Not later than 2 years after other interest in eligible land. Fair market value (c) IMPROVED PROVISION OF TECHNICAL AS- the date of enactment of the Farm, Nutrition, shall be determined on the basis of an appraisal SISTANCE.—Section 1531 of the Agriculture and and Bioenergy Act of 2007, the Secretary shall of the conservation easement or other interest in Food Act of 1981 (16 U.S.C. 3454) is amended— transmit to Congress a report containing the eligible land using an industry-approved meth- (1) by inserting ‘‘(a) IN GENERAL.—’’ before comprehensive plan. odology determined by the entity.’’. ‘‘In carrying’’; and ‘‘(2) ADDITIONAL STUDIES AND ANALYSES.— SEC. 2111. FARM VIABILITY PROGRAM. (2) by adding at the end the following new After submission of the report required by para- Section 1238J(b) of the Food Security Act of subsection: graph (1), the Secretary shall continue to con- 1985 (16 U.S.C. 3838j(b)) is amended by striking ‘‘(b) COORDINATOR.—To improve the provision duct such studies and analyses related to the ‘‘2007’’ and inserting ‘‘2012’’. of technical assistance to councils under this comprehensive plan as are necessary, consistent SEC. 2112. WILDLIFE HABITAT INCENTIVE PRO- subtitle, the Secretary shall designate an indi- with this subsection. GRAM. vidual, to be known as the ‘Coordinator’, for ‘‘(d) RESTORATION ENHANCEMENT AND PRESER- (a) REAUTHORIZATION.—Section 1240N of the each council. The Coordinator shall be directly VATION PROJECTS.— Food Security Act of 1985 (16 U.S.C. 3839bb–1) is responsible for the provision of technical assist- ‘‘(1) PROJECT AUTHORITY.—In cooperation amended by adding at the end the following ance to the council.’’. with appropriate Federal and State agencies, new subsection: (d) PROGRAM EVALUATION.—Section 1534 of the Secretary shall carry out restoration en- ‘‘(d) DURATION OF PROGRAM.—Using funds the Agriculture and Food Act of 1981 (16 U.S.C. hancement and preservation projects for the made available under section 1241(a)(7), the Sec- 3457) is repealed. Chesapeake Bay watershed to address the goals retary shall carry out the program during fiscal SEC. 2203. SMALL WATERSHED REHABILITATION specified in subsection (b)(2). To achieve the res- years 2008 through 2012.’’. PROGRAM. toration, preservation, and protection benefits (b) COST SHARE FOR LONG-TERM AGREEMENTS (a) AVAILABILITY OF FUNDS.—Section 14(h)(1) of a project, the Secretary shall proceed expedi- AND IMPACT ON SCOPE OF OPERATIONS.—Section of the Watershed Protection and Flood Preven- tiously with the implementation of the project 1240N(b)(2) of the Food Security Act of 1985 (16 tion Act (16 U.S.C. 1012(h)(1)) is amended by consistent with the comprehensive plan. U.S.C. 3839bb–1(b)(2)) is amended— adding at the end the following new subpara- ‘‘(2) CRITICAL PROJECTS.—In carrying out this (1) in the paragraph heading by inserting graph: subsection, the Secretary shall begin with the ‘‘AND IMPACT ON SCOPE OF OPERATIONS’’ after ‘‘(G) $50,000,000 for each of fiscal years 2009 Susquehanna River, the Shenandoah River, the ‘‘AGREEMENTS’’; Potomac River, and the Patuxent River. (2) in subparagraph (A), by striking ‘‘years,’’ through 2012.’’. (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- ‘‘(3) AVAILABILITY OF FUNDS.—Of the funds of and inserting ‘‘years, or that will assist pro- the Commodity Credit Corporation, the Sec- ducers in meeting a regulatory requirement im- tion 14(h)(2)(E) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)(E)) is retary shall use to carry out projects under this posed on lands in agriculture production that subsection the following amounts: reduces the economic scope of the producer’s op- amended by striking ‘‘fiscal year 2007’’ and in- serting ‘‘each of fiscal years 2007 through 2012’’. ‘‘(A) $10,000,000 for fiscal year 2008. eration,’’; and ‘‘(B) $15,000,000 for fiscal year 2009. (3) in subparagraph (B), by striking ‘‘15 per- Subtitle C—Additional Conservation ‘‘(C) $30,000,000 for fiscal year 2010. cent’’ and inserting ‘‘25 percent’’. Programs ‘‘(D) $40,000,000 for fiscal year 2011. Subtitle B—Conservation Programs Under SEC. 2301. CHESAPEAKE BAY PROGRAM FOR NU- ‘‘(E) $55,000,000 for fiscal year 2012. Other Laws TRIENT REDUCTION AND SEDIMENT ‘‘(4) FEDERAL SHARE.—The Federal share of CONTROL. SEC. 2201. AGRICULTURAL MANAGEMENT ASSIST- the cost of carrying out any individual project ANCE PROGRAM. Chapter 5 of subtitle D of the Food Security under this subsection shall not exceed $5,000,000. (a) ELIGIBLE STATES.—Section 524(b)(1) of the Act of 1985 is amended by inserting after section ‘‘(e) GENERAL PROVISIONS.— Federal Crop Insurance Act (7 U.S.C. 1524(b)(1)) 1240P (16 U.S.C. 3839bb–3) the following new ‘‘(1) WATER QUALITY.—In carrying out is amended— section: projects and activities under this section, the (1) by inserting ‘‘Hawaii,’’ after ‘‘Delaware,’’; ‘‘SEC. 1240Q. RIVER RESTORATION IN THE CHESA- Secretary shall take into account the protection and PEAKE BAY WATERSHED. of water quality by considering applicable State (2) by inserting ‘‘Virginia,’’ after ‘‘Vermont,’’. ‘‘(a) CHESAPEAKE BAY WATERSHED DEFINED.— water quality standards. (b) TECHNICAL CORRECTION.—Section In this section, the term ‘Chesapeake Bay wa- ‘‘(2) PUBLIC PARTICIPATION.—In developing 524(b)(4)(B)(i) of the Federal Crop Insurance tershed’ means all tributaries, backwaters, and the comprehensive plan under subsection (b)

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00149 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.008 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8986 CONGRESSIONAL RECORD — HOUSE July 30, 2007 and carrying out projects under subsection (d), conservation reserve enhancement program de- ‘‘(2) through a contract with an approved the Secretary shall implement procedures to fa- scribed in 1234(f)(4) by providing incentives to third party, if available; or cilitate public participation, including providing increase public hunting and other recreational ‘‘(3) at the option of the producer, through a advance notice of meetings, providing adequate access on that land; and payment as determined by the Secretary, di- opportunity for public input and comment, ‘‘(5) propose to use additional Federal, State, rectly to an approved third party, if available, maintaining appropriate records, and making a tribal government, or private resources in car- or to the producer for an approved third party, record of the proceeding of meetings available rying out the program. if available.’’; for public inspection. ‘‘(d) RELATIONSHIP TO OTHER LAWS.—Nothing (2) in subsection (b)— ‘‘(f) COORDINATION.—The Secretary shall inte- in this section preempts a State or tribal govern- (A) by striking ‘‘technical assistance’’ each grate and coordinate projects and activities car- ment law, including any State or tribal govern- place it appears and inserting ‘‘technical serv- ried out under this section with other Federal ment liability law. ices’’; and and State programs, projects, and activities. ‘‘(e) REGULATIONS.—The Secretary shall pro- (B) in paragraph (1)(B), by striking ‘‘that as- ‘‘(g) COST SHARING.— mulgate such regulations as are necessary to sistance’’ and inserting ‘‘those technical serv- ‘‘(1) NON-FEDERAL SHARE.—Subject to sub- carry out this section. ices’’; and (3) by adding at the end the following new section (d)(4), the non-Federal share of the cost ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— of projects and activities carried out under this There is authorized to be appropriated to the subsections: ‘‘(c) PAYMENT AMOUNTS.— section shall be not less than 35 percent. Secretary $20,000,000 for each of fiscal years 2008 ‘‘(1) USE OF PREVAILING MARKET RATES.—The ‘‘(2) OPERATION, MAINTENANCE, REHABILITA- through 2012 to carry out this section.’’. Secretary shall set the amounts of payments TION, AND REPLACEMENT.—The operation, main- Subtitle D—Administration and Funding tenance, rehabilitation, and replacement of under subsection (b)(1)(B) for technical services projects carried out under this section shall be a SEC. 2401. FUNDING OF CONSERVATION PRO- at levels not less than prevailing private market non-Federal responsibility. GRAMS UNDER FOOD SECURITY ACT rates. OF 1985. ‘‘(2) EXCEPTION.—Paragraph (1) shall not ‘‘(h) SENSE OF CONGRESS REGARDING CHESA- (a) IN GENERAL.—Section 1241(a) of the Food apply in instances where personnel of the De- PEAKE BAY EXECUTIVE COUNCIL.— Security Act of 1985 (16 U.S.C. 3841(a)) is partment of Agriculture are immediately avail- ‘‘(1) FINDINGS.—Congress finds the following: ‘‘(A) One of the stated goals of the Chesa- amended in the matter preceding paragraph (1), able to provide comparable technical services to peake Bay Agreement is to ‘develop, promote, by striking ‘‘2007’’ and inserting ‘‘2012’’. eligible producers. ‘‘(d) REVIEW AND EXPEDITED APPROVAL OF and achieve sound land use practices which (b) CONSERVATION SECURITY PROGRAM.— TECHNICAL ASSISTANCE SPECIFICATIONS.— protect and restore watershed resources and Paragraph (3) of section 1241(a) of the Food Se- ‘‘(1) REVIEW OF EXISTING TECHNICAL ASSIST- water quality, maintain reduced pollutant load- curity Act of 1985 (16 U.S.C. 3841(a)) is amended ANCE SPECIFICATIONS.— ings for the Bay and its tributaries, and restore to read as follows: ‘‘(3) The conservation security program under ‘‘(A) REVIEW OF SPECIFICATIONS.—The Sec- and preserve aquatic living resources’. retary shall direct each State to review and en- ‘‘(B) Department of Agriculture conservation subchapter A of chapter 2, using, to the max- imum extent practicable— sure, to the maximum extent practicable, the programs are integral to the restoration of the completeness and relevance of technical assist- Chesapeake Bay and achieving the water qual- ‘‘(A) in the case of conservation security con- tracts entered into before October 1, 2007, under ance specifications in effect as of the date of the ity goals for the Chesapeake Bay program. enactment of the Farm, Nutrition, and Bio- ‘‘(2) SENSE OF CONGRESS.—In light of the find- such subchapter, as in effect on the day before energy Act of 2007. ings specified in paragraph (1), it is the sense of the date of the enactment of the Farm, Nutri- ‘‘(B) CONSULTATION.—In conducting the as- Congress that the Secretary of Agriculture tion, and Bioenergy Act of 2007— ‘‘(i) $1,454,000,000 for the period of fiscal years sessment under subparagraph (A), a State shall should be a member of the Chesapeake Bay Ex- consult with specialty crop producers, crop con- ecutive Council, and is authorized to do so 2007 through 2012; and ‘‘(ii) $1,927,000,000 for the period of fiscal sultants, cooperative extension and land-grant under section 1(3) of the Soil Conservation and universities, nongovernmental organizations, Domestic Allotment Act (16 U.S.C. 590a(3)).’’. years 2007 through 2017; and ‘‘(B) in the case of conservation security con- and other qualified entities. SEC. 2302. VOLUNTARY PUBLIC ACCESS AND ‘‘(C) EXPEDITED REVISION OF SPECIFICA- HABITAT INCENTIVE PROGRAM. tracts entered into on or after October 1, 2011, under such subchapter— TIONS.—If a State determines under subpara- Chapter 5 of subtitle D of title XII of the Food graph (A) that revisions to its technical assist- Security Act of 1985 is amended by inserting ‘‘(i) $501,000,000 for fiscal year 2012; and ‘‘(ii) $4,646,000,000 for the period of fiscal ance specifications are necessary, the State after section 1240Q, as added by section 2301, shall establish an administrative process for ex- the following new section: years 2012 through 2017.’’. (c) FARM AND RANCHLAND PROTECTION PRO- pediting the revisions. ‘‘SEC. 1240R. VOLUNTARY PUBLIC ACCESS AND ‘‘(2) ADDRESSING CONCERNS OF SPECIALTY GRAM.—Paragraph (4) of section 1241(a) of the HABITAT INCENTIVE PROGRAM. CROP PRODUCERS.— Food Security Act of 1985 (16 U.S.C. 3841(a)) is ‘‘(a) ESTABLISHMENT.—The Secretary shall es- ‘‘(A) IN GENERAL.—The Secretary shall direct amended to read as follows: tablish a voluntary public access program under each State to fully incorporate into its technical ‘‘(4) The farm and ranchland protection pro- which States and tribal governments may apply assistance specifications and provide for the ap- gram under subchapter B of chapter 2, using, to for grants to encourage owners and operators of propriate range of conservation practices and the maximum extent practicable— privately-held farm, ranch, and forest land to resource mitigation measures available to spe- ‘‘(A) $125,000,000 in fiscal year 2008; voluntarily make that land available for access cialty crop producers. ‘‘(B) $150,000,000 in fiscal year 2009; by the public for wildlife-dependent recreation, ‘‘(B) AVAILABILITY OF ADEQUATE TECHNICAL ‘‘(C) $200,000,000 in fiscal year 2010; including hunting or fishing, under programs ASSISTANCE.—The Secretary shall ensure that administered by the States and tribal govern- ‘‘(D) $240,000,000 in fiscal year 2011; and adequate technical assistance is available for ments. ‘‘(E) $280,000,000 in fiscal year 2012.’’. the implementation of conservation practices by ‘‘(b) APPLICATIONS.—In submitting applica- (d) ENVIRONMENTAL QUALITY INCENTIVES PRO- specialty crop producers through Federal con- tions for a grant under the program, a State or GRAM.—Paragraph (6) of section 1241(a) of the servation programs. In carrying out this require- tribal government shall describe— Food Security Act of 1985 (16 U.S.C. 3841(a)) is ment, the Secretary shall develop— ‘‘(1) the benefits that the State or tribal gov- amended to read as follows: ‘‘(i) programs that meet specific needs of spe- ernment intends to achieve by encouraging pub- ‘‘(6) The environmental quality incentives cialty crop producers through cooperative agree- lic access to private farm and ranch land for— program under chapter 4, using, to the max- ments with other agencies and nongovernmental ‘‘(A) hunting and fishing; and imum extent practicable— organizations; and ‘‘(B) to the maximum extent practicable, other ‘‘(A) $1,500,000,000 in fiscal year 2008; ‘‘(ii) program specifications that allow for in- recreational purposes; and ‘‘(B) $1,600,000,000 in fiscal year 2009; novative approaches that engage local resources ‘‘(2) the methods that will be used to achieve ‘‘(C) $1,700,000,000 in fiscal year 2010; in providing technical assistance for planning those benefits. ‘‘(D) $1,800,000,000 in fiscal year 2011; and and implementation of conservation practices. ‘‘(c) PRIORITY.—In approving applications ‘‘(E) $2,000,000,000 in fiscal year 2012.’’. ‘‘(e) NON-FEDERAL ASSISTANCE.—The Sec- and awarding grants under the program, the (e) WILDLIFE HABITAT INCENTIVES PRO- retary may request the services of, and enter Secretary shall give priority to States and tribal GRAM.—Paragraph (7)(D) of section 1241(a) of into cooperative agreements or contracts with, governments that— the Food Security Act of 1985 (16 U.S.C. 3841(a)) non-Federal entities to assist the Secretary in ‘‘(1) have consistent opening dates for migra- is amended by striking ‘‘2007’’ and inserting providing technical assistance necessary to de- tory bird hunting for both residents and non- ‘‘2012’’. velop and implement conservation programs residents; SEC. 2402. IMPROVED PROVISION OF TECHNICAL under this title.’’. ‘‘(2) propose to maximize participation by of- ASSISTANCE UNDER CONSERVATION SEC. 2403. COOPERATIVE CONSERVATION PART- fering a program the terms of which are likely to PROGRAMS. NERSHIP INITIATIVE. meet with widespread acceptance among land- Section 1242 of the Food Security Act of 1985 (a) TRANSFER OF EXISTING PROVISIONS.—Sub- owners; (16 U.S.C. 3842) is amended— sections (b), (c), and (d) of section 1243 of the ‘‘(3) propose to ensure that land enrolled (1) in subsection (a)— Food Security Act of 1985 (16 U.S.C. 3843) are— under the State or tribal government program (A) by striking ‘‘or’’ at the end of paragraph (1) redesignated as subsections (c), (d), and has appropriate wildlife habitat; (1); and (e), respectively; and ‘‘(4) propose to strengthen wildlife habitat im- (B) by striking paragraph (2) and inserting (2) transferred to appear at the end of section provement efforts on land enrolled in a special the following new paragraphs: 1244 of such Act (16 U.S.C. 3844).

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(b) ESTABLISHMENT OF PARTNERSHIP INITIA- tively address the environmental objectives es- ‘‘(5) to control invasive species on rangeland TIVE.—Section 1243 of the Food Security Act of tablished for the special project or initiative; or other agricultural land through the coopera- 1985 (16 U.S.C. 3843), as amended by subsection and tive efforts of multiple producers in a geo- (a), is amended to read as follows: ‘‘(2) the special project or initiative covered by graphical area; ‘‘SEC. 1243. COOPERATIVE CONSERVATION PART- the application— ‘‘(6) to address a specific resource of concern NERSHIP INITIATIVE. ‘‘(A) enjoys local and regional support from or set of concerns on private, non-industrial for- ‘‘(a) ESTABLISHMENT OF INITIATIVE.— producers and other interested persons, includ- est land; ‘‘(1) ESTABLISHMENT.—The Secretary shall es- ing governmental and nongovernmental organi- ‘‘(7) to reduce losses of pesticides to the envi- tablish a cooperative conservation partnership zations with appropriate expertise on the issues ronment by engaging multiple producers in a ge- initiative (in this section referred to as the the project or initiative seeks to address; ographic area in adoption of integrated pest ‘Partnership’) within each program described in ‘‘(B) includes clear environmental objectives; management practices and approaches; ‘‘(C) includes a well defined project or initia- subsection (b) to address conservation issues in- ‘‘(8) to protect farmland and ranch land fac- tive plan that identifies sensitive areas requiring volving production agriculture on local, re- ing development pressures from being converted treatment and prioritizes conservation practices gional, or State levels. to non-agricultural use; or ‘‘(2) ADMINISTRATION.—The Secretary shall and activities needed to achieve environmental objectives; ‘‘(9) to assist producers in carrying out good carry out the Partnership— management practices to enhance food safety. ‘‘(A) by selecting proposals for grants and ‘‘(D) promises adequate and coordinated par- ticipation to achieve the objectives of the project ‘‘(g) DUTIES OF PARTNERS.—Eligible partners agreements by eligible entities described in sub- shall— section (c) through a competitive selection proc- or initiative; ‘‘(E) coordinates integration of local, State, ‘‘(1) identify conservation issues affecting pro- ess; and Federal efforts to make the best use of duction agriculture on local, regional, or State ‘‘(B) by making grants to, and entering into available resources and maximize cost-effective levels that could be addressed through special agreements with, with eligible entities described investments; projects and initiatives; in subsection (c) for not less than 2 years, but ‘‘(F) leverages financial and technical re- ‘‘(2) enter into agreements or obtain grants not more than 5 years, in duration; and sources from sources other than the programs from the Secretary to carry out special projects ‘‘(C) by providing producers that are partici- authorized by this subtitle, including financial and initiatives; pating in a special project and initiative of an and technical resources provided by Federal and ‘‘(3) identify through outreach efforts pro- eligible entity preferential enrollment into 1 or State agencies, local governments, nongovern- ducers that can participate in the special project more of the programs described in subsection (b). mental organizations and associations, and or initiative of the eligible entity if the producer ‘‘(3) PURPOSES.—The purposes of the Partner- other private sector entities; ship are to carry out special projects and initia- is otherwise eligible to be enrolled, as deter- ‘‘(G) describes how all necessary technical as- mined by the Secretary, or has already enrolled, tives— sistance will be provided to each producer par- ‘‘(A) to address conservation issues involving in the applicable program described in sub- ticipating in the project or initiative, including production agriculture on local, regional, or section (b); and cost estimates for technical assistance and ‘‘(4) carry out the special project and initia- State levels through producers and eligible enti- whether such assistance will be provided by ties; tive. technical service providers; ‘‘(h) DUTIES OF THE SECRETARY.— ‘‘(B) to address community and economic de- ‘‘(H) describes how the administrative costs of velopment needs and opportunities; and ‘‘(1) ADDITIONAL DUTIES.—In addition to the the project or initiative will be minimized; normal administration of the programs described ‘‘(C) to increase access to, and participation ‘‘(I) addresses a local, State, regional, or na- in subsection (b), the Secretary shall be respon- in, the programs described in subsection (b) by tional environmental priority or priorities, with sible for basic administrative and oversight producers of specialty crops (as defined in sec- particular emphasis on any priority for which functions relating to the special projects and tion 3 of the Specialty Crops Competitiveness there is an existing State or federally approved initiatives, including— Act of 2004, Pub. L. 108–465 (7 U.S.C. 1621 note). plan in place for addressing that priority; ‘‘(b) COVERED PROGRAMS.—The conservation ‘‘(J) includes a plan to evaluate progress, ‘‘(A) rules and procedures relating to con- programs covered by this section are the fol- measure results, and meet the purposes of the servation standards and specifications; lowing: agreement; ‘‘(B) conservation compliance; ‘‘(1) Conservation security program. ‘‘(K) clearly demonstrates that enrollment of ‘‘(C) appeals; ‘‘(2) Environmental quality incentives pro- producers in covered programs will be consistent ‘‘(D) adjusted gross income limitations; gram. with the purposes and policies of each indi- ‘‘(E) direct attribution; and ‘‘(3) Wildlife habitat incentive program. vidual program, as established in statute, rules ‘‘(F) such other similar functions as the Sec- ‘‘(c) ELIGIBLE PARTNERS.—Grants may be and regulations, and program guidance promul- retary might designate. made or agreements may be entered into under gated by implementing agencies; ‘‘(2) FLEXIBILITY.—The Secretary may adjust this section with any of the following (or a com- ‘‘(L) links resource and environmental objec- eligibility criteria, approved practices, practice bination thereof): tives with community development or standards, innovative conservation practices, ‘‘(1) States and agencies of States. agritourism objectives that can be improved as a and other elements of the programs described in ‘‘(2) Political subdivisions of States, including result of addressing the resources of concern; subsection (b) to better reflect unique local cir- counties and State- or county-sponsored con- ‘‘(M) demonstrates innovation in linking envi- cumstances and purposes if the Secretary deter- servation districts. ronmental and community development objec- mines such adjustments would— ‘‘(3) Indian tribes. tives; and ‘‘(A) improve environmental enhancement and ‘‘(4) Nongovernmental organizations and asso- ‘‘(N) addresses the needs of beginning farmers long-term sustainability of the natural resource ciations, including producer associations, farm- and ranchers, socially disadvantaged farmers base; and er cooperatives, extension associations, and con- and ranchers, and limited resource farmers and ‘‘(B) be consistent with the purposes of the servation organizations with a history of work- ranchers. program and the special project and initiative. ing cooperatively with producers to effectively ‘‘(f) PRIORITIES.—To the maximum extent ‘‘(3) PREFERENTIAL ENROLLMENT.—Subject to address resource concerns related to agricultural practicable, consistent with the requirements of the limitations under subsection (j), the Sec- production, as determined by the Secretary. subsection (d), the Secretary shall ensure that, retary shall provide preferential enrollment to ‘‘(5) A combination of partners specified in a each fiscal year, grants are awarded and agree- producers that are eligible— preceding paragraph. ments are entered into under this section to sup- ‘‘(A) for the applicable program described in ‘‘(d) APPLICATIONS.— port projects and initiatives that collectively ad- subsection (b); and ‘‘(1) COMPETITIVE PROCESS.—The Secretary dress the resource concerns facing producers, ‘‘(B) to participate in the special project and shall establish a competitive process for consid- ranchers, and nonindustrial private forest land- initiative of an eligible partner. ering applications for grants or agreements owners, including specifically projects and ini- ‘‘(i) COST SHARE.—The Secretary shall not re- under this section consistent with the evalua- tiatives that are designed— tion criteria listed in subsection (e). ‘‘(1) to achieve improvements in water quality quire more than 25 percent of the cost of a ‘‘(2) PROGRAM ALLOCATION.—Applications in watersheds impacted by agriculture, particu- project or initiative supported under a grant or shall include— larly by increasing the participation of pro- agreement entered into under this section to ‘‘(A) specification of the amount of funding or ducers in implementing best management prac- come from non-Federal sources. However, the acres, or both, of 1 or more covered programs tices in a watershed or developing environ- Secretary may give higher priority to projects or specified in subsection (b) proposed to be allo- mentally and economically viable alternative initiatives offering to cover a higher percentage cated to carry out the special project or initia- uses for manure and litter; of the cost of the project or initiative from non- tive; and ‘‘(2) to achieve improvements in air quality in Federal sources. ‘‘(B) a schedule for utilization of funding or a geographical area where agricultural oper- ‘‘(j) INCENTIVE AND BONUS PAYMENTS.— acres over the life of the proposed project or ini- ations impact air quality; ‘‘(1) AVAILABILITY.—Applications submitted tiative. ‘‘(3) to support State activities to efficiently under subsection (d)(2) may include proposals ‘‘(e) EVALUATION CRITERIA.—In evaluating manage and utilize their water resources in re- for special incentive and bonus payments, con- applications for grants or agreements under this gions, States or local areas where water quan- sistent with the statutory purposes of the pro- section the Secretary shall consider the extent to tity is a concern; grams involved, to producers that— which— ‘‘(4) to assist in carrying out a State Wildlife ‘‘(A) restore land, water, or habitat as a com- ‘‘(1) preferential enrollment in the covered Habitat Incentives Program plan or other State, munity development asset; or programs specified in the application will effec- regional, or national conservation initiative. ‘‘(B) provide public access to enrolled land.

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‘‘(2) CRITERIA.—The Secretary shall develop ‘‘(D) the minimum amount of other informa- not have an assigned value in the market place and publish criteria for providing special incen- tion the Secretary considers essential for the ap- or lack a private market altogether. tive or bonus payments to producers under plicant to provide. (2) While private markets for environmental paragraph (1). ‘‘(3) REVISION AND STREAMLINING.—The Sec- goods and services are emerging, their viability ‘‘(k) FUNDING.— retary shall carry out a revision of the applica- has been hampered by several barriers. ‘‘(1) SET-ASIDE.—Of the funds provided for tion forms and processes for conservation pro- (3) The Federal Government can help over- each of fiscal years 2008 through 2012 to imple- grams covered in this subsection to enable utili- come these barriers and promote the establish- ment the programs specified in subsection (b), zation of information technology as an avenue ment of markets for agricultural and forestry the Secretary shall reserve 10 percent to ensure to incorporate appropriate data and information conservation activities. an adequate source of funds for grants, agree- concerning the conservation needs and solutions (4) Generating substantial private-sector de- ments, financial assistance to producers under appropriate for the land area identified by the mand for environmental goods and services this section. applicant. The revision shall seek to streamline hinges on the ability to use environmental cred- ‘‘(2) ALLOCATION TO STATES.—The Secretary the application process to minimize the burden its generated by agricultural and forest con- shall allocate to States 90 percent of the funds placed on the applicant. servation activities. reserved under paragraph (1) for a fiscal year to ‘‘(4) CONSERVATION PROGRAM APPLICATION.— (b) MARKET-BASED APPROACHES.—Subtitle E allow State Conservationists, with the advice of When the needs of an applicant are adequately of title XII of the Food Security Act of 1985 is State technical committees, to select projects and assessed by the Secretary, directly or through a amended by inserting after section 1244 (16 initiatives for funding under this section at the third-party provider under section 1242, in order U.S.C. 3844) the following new section: State level. The Secretary shall develop criteria to determine the conservation programs under ‘‘SEC. 1245. MARKET-BASED APPROACHES TO for this allocation made on a similar basis as to this title that best match the needs of the appli- CONSERVATION. the program priorities under subsection (f). cant, with the approval of the applicant, the ‘‘(a) IMPLEMENTATION.—To facilitate the de- ‘‘(3) UNUSED FUNDING.—Any funds reserved Secretary may convert the initial application velopment and effective operation of private sec- for a fiscal year under paragraph (1) that are into a specific application for assistance for a tor market-based approaches for environmental not obligated by April 1 of that fiscal year may specific program. To the maximum extent prac- goods and services produced by farmers, ranch- be used to carry out other activities under con- tical, the specific application for conservation ers, and owners of private forest land, the Sec- servation programs under subtitle D during the program assistance shall be carried out by the retary may conduct research and analysis, enter remainder of that fiscal year. Secretary by requesting only that specific fur- into contracts and cooperative agreements, and ‘‘(4) ADMINISTRATIVE COSTS FUNDING CAP.—Of ther information from the applicant that is not award grants for the purpose of— the funds made available under this section for already available to the Secretary. ‘‘(1) promoting the development of consistent a particular project or initiative, not more than ‘‘(5) IMPLEMENTATION AND NOTIFICATION.— standards and processes for quantifying envi- 5 percent may be expended by the eligible entity Not later than one year after the date of the en- ronmental benefits, including the creation of on the administrative costs of the project or ini- actment of the Farm, Nutrition, and Bioenergy performance standards or baselines; tiative.’’. Act of 2007, the Secretary shall complete the re- ‘‘(2) promoting the establishment of reporting SEC. 2404. REGIONAL EQUITY AND FLEXIBILITY. quirements of this subsection and shall submit and credit registries, including third-party Section 1241(d) of the Food Security Act of to Congress a written notification of such com- verification and certification; and 1985 (16 U.S.C. 3841(d)) is amended by striking pletion.’’. ‘‘(3) promoting actions that facilitate the de- ‘‘$12,000,000’’ and inserting ‘‘$15,000,000’’. SEC. 2406. ANNUAL REPORT ON PARTICIPATION velopment and functioning of private-sector SEC. 2405. ADMINISTRATIVE REQUIREMENTS FOR BY SPECIALTY CROP PRODUCERS IN market-based approaches for environmental CONSERVATION PROGRAMS. CONSERVATION PROGRAMS. goods and services involving agriculture and (a) INCENTIVES FOR CERTAIN PRODUCERS.— (a) REPORT REQUIRED.—Subtitle F of title XII forestry. Section 1244(a) of the Food Security Act of 1985 of the Food Security Act of 1985 is amended by ‘‘(b) ENVIRONMENTAL SERVICES STANDARDS (16 U.S.C. 3844(a)) is amended— inserting after section 1251 (16 U.S.C. 2005a) the BOARD.— (1) in the subsection heading, by striking ‘‘BE- following new section: ‘‘(1) ESTABLISHMENT.—There is to be estab- GINNING’’ and inserting ‘‘INCENTIVES FOR CER- ‘‘SEC. 1252. ANNUAL REPORT ON PARTICIPATION lished an Environmental Services Standards TAIN’’; BY SPECIALTY CROP PRODUCERS IN Board to develop consistent performance stand- (2) by inserting ‘‘, socially disadvantaged CONSERVATION PROGRAMS. ards for quantifying environmental services farmers and ranchers, limited resource farmers ‘‘(a) REPORT REQUIRED.—The Secretary of from land management and agricultural activi- and ranchers,’’ after ‘‘beginning farmers and Agriculture shall submit to the Committee on ties in order to facilitate the development of ranchers’’; and Agriculture of the House of Representatives and credit markets for conservation and land man- (3) by striking ‘‘and limited resource agricul- the Committee on Agriculture, Nutrition, and agement activities that are agriculture or forest tural producers’’. Forestry of the Senate an annual report that— based. (b) SINGLE, SIMPLIFIED APPLICATION PROCESS ‘‘(1) documents and analyzes the participation ‘‘(2) CHAIRPERSON.—The Secretary of Agri- FOR CONSERVATION PROGRAMS.—Section 1244 of by producers of specialty crops in conservation culture shall serve as chair of the Environ- the Food Security Act of 1985 (16 U.S.C. 3844), programs under subtitle D, including the con- mental Services Standards Board. as amended by section 2403, is amended by add- servation security program and the environ- ‘‘(3) MEMBERSHIP.—The Environmental Serv- ing at the end the following new subsection: mental quality incentives program; ices Standards Board shall be comprised of the ‘‘(f) SINGLE, SIMPLIFIED APPLICATION PROC- ‘‘(2) tracks such participation by crop and Secretary of Agriculture, the Secretary of the ESS.— ‘‘(1) ESTABLISHMENT.—In carrying out any of livestock type; and Interior, the Secretary of Energy, the Secretary the conservation programs under this title ad- ‘‘(3) describes the results of implementing the of Commerce, the Secretary of Transportation, ministered by the Natural Resources Conserva- plan required by subsection (b), as well as any the Administrator of the Environmental Protec- tion Service, the Secretary shall establish and modifications to the plan that the Secretary tion Agency, the Commander of the Army Corps make available to producers and landowners a finds necessary to increase its effectiveness. of Engineers, and such other representatives as ‘‘(b) ACCESS PLAN.—As part of each report single, simplified application process to be used determined by the President. submitted under subsection (a), the Secretary by producers and landowners in initially re- ‘‘(4) SUBCOMMITTEES.—The Environmental shall set forth a plan to improve the access of questing assistance under such programs. The Services Standards Board may form subcommit- producers of specialty crops to, and their par- Secretary shall ensure that— tees to address specific issues. ‘‘(A) conservation program applicants are not ticipation in, conservation programs under sub- ‘‘(c) DISSEMINATION OF PERFORMANCE STAND- required to provide information that duplicates title D. In developing the plan, the Secretary ARDS.—Federal agencies are authorized to adopt information and resources already available to shall consult with organizations representing performance standards developed by the Envi- the Secretary regarding that applicant and for producers of specialty crops. ronmental Services Standards Board for quanti- that specific operation; and ‘‘(c) SPECIALTY CROP DEFINED.—In this sec- fying environmental services that establish cred- ‘‘(B) the application process is streamlined to tion, the term ‘specialty crop’ has the meaning its to meet requirements of environmental and minimize complexity and redundancy. given such term by section 3(1) of the Specialty conservation programs. ‘‘(2) REVIEW OF APPLICATION PROCESS.—The Crops Competitiveness Act of 2004 (Public Law ‘‘(d) FUNDING .—There is authorized to be ap- Secretary shall review the conservation applica- 108–465; 7 U.S.C. 1621 note).’’. propriated $50,000,000 to carry out this section. tion process and the forms and related mecha- (b) INITIAL REPORT.—The first report required Amounts so appropriated shall remain available nisms used to receive assistance requests from under section 1252 of the Food Security Act of until expended. producers and landowners. The purpose of the 1985, as added by subsection (a), shall be sub- ‘‘(e) DEFINITIONS.—In this section: review shall be to determine what information mitted not later than 180 days after the date of ‘‘(1) BASELINE.—The term ‘baseline’ means a the applicant is actually required to submit dur- the enactment of this Act. Subsection (a)(2) of level of effort or performance that is expected to ing the application process, including— such section shall not apply with respect to the be met before an entity can generate marketable ‘‘(A) identification information for the appli- first report. credits. cant; SEC. 2407. PROMOTION OF MARKET-BASED AP- ‘‘(2) PERFORMANCE STANDARD.—The term ‘per- ‘‘(B) identification and location information PROACHES TO CONSERVATION. formance standard’ means a defined level of en- for the land parcel or tract of concern; (a) FINDINGS.—Congress finds the following: vironmental performance, expressed as a nar- ‘‘(C) a general statement of the applicant’s re- (1) Many of the conservation and environ- rative or measurable number, which specifies the source concern or concerns for the land parcel mental benefits produced on farms, ranches, minimum acceptable environmental performance or tract; and and private forest lands in the United States do of an operation or practice.’’.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00152 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.008 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8989 SEC. 2408. ESTABLISHMENT OF STATE TECH- mittee, including any subcommittee of State Subtitle E—Miscellaneous Provisions NICAL COMMITTEES AND THEIR RE- technical committee, is exempt from the Federal SEC. 2501. INCLUSION OF INCOME FROM AFFILI- SPONSIBILITIES. Advisory Committee Act (5 U.S.C. App.).’’. ATED PACKING AND HANDLING OP- Subtitle G of title XII of the Farm Security ERATIONS AS INCOME DERIVED SEC. 2409. PAYMENT LIMITATIONS. Act of 1985 (16 U.S.C. 3861, 3862) is amended to FROM FARMING FOR APPLICATION read as follows: (a) IN GENERAL.—The Food Security Act of OF ADJUSTED GROSS INCOME LIMI- ‘‘Subtitle G—State Technical Committees 1985 is amended by inserting after section 1245, TATION ON ELIGIBILITY FOR CON- as added by section 2407, the following new sec- SERVATION PROGRAMS. ‘‘SEC. 1261. ESTABLISHMENT OF STATE TECH- tion: Section 1001D(b)(1) of the Food Security Act NICAL COMMITTEES. of 1985 (7 U.S.C. 1308-3a(b)(1)) is amended by in- ‘‘(a) ESTABLISHMENT.—The Secretary shall es- ‘‘SEC. 1246. PAYMENT LIMITATIONS. serting ‘‘(including, for purposes of paragraph tablish a technical committee in each State to ‘‘(a) PAYMENTS FOR CONSERVATION PRAC- (2)(C), affiliated packing and handling oper- assist the Secretary in the considerations relat- TICES.—The total amount of payments that a ations)’’ after ‘‘derived from farming’’. ing to implementation and technical aspects of person or a legal entity (except a joint venture the conservation programs under this title. SEC. 2502. ENCOURAGEMENT OF VOLUNTARY or a general partnership) may receive, directly SUSTAINABILITY PRACTICES GUIDE- ‘‘(b) COMPOSITION.—Each State technical or indirectly, in any fiscal year shall not ex- LINES. committee shall be composed of agricultural pro- ceed— In administering this title and the amend- ducers and other professionals that represent a ‘‘(1) $60,000 from any single program under ments made by this title, the Secretary of Agri- variety of disciplines in the soil, water, wetland, this title or as agricultural management assist- culture may encourage the development of vol- and wildlife sciences. The technical committee ance under section 524(b) of the Federal Crop untary sustainable practices guidelines for pro- for a State shall include representatives from Insurance Act (7 U.S.C. 524(b)); or ducers and processors of specialty crops. among the following: ‘‘(1) The Natural Resources Conservation ‘‘(2) $125,000 from more than one program SEC. 2503. FARMLAND RESOURCE INFORMATION. Service. under this title and as agricultural management (a) DEVELOPMENT AND DISSEMINATION OF ‘‘(2) The Farm Service Agency. assistance under section 524(b) of the Federal FARMLAND RESOURCE INFORMATION.—The Sec- ‘‘(3) The Forest Service. Crop Insurance Act. retary of Agriculture shall design and imple- ment educational programs and materials em- ‘‘(4) The Cooperative State Research, Edu- ‘‘(b) EXCEPTIONS.—The limitations under sub- cation, and Extension Service. section (a) shall not apply with respect to the phasizing the importance of productive farm- ‘‘(5) The State fish and wildlife agency. following: land to the Nation’s well-being and distribute ‘‘(6) The State forester or equivalent State of- educational materials through communications ‘‘(1) The wetlands reserve program under sub- media, schools, groups, and other Federal agen- ficial. chapter C of chapter 1 of subtitle D. ‘‘(7) The State water resources agency. cies. The Secretary shall carry out this sub- ‘‘(8) The State department of agriculture. ‘‘(2) The farm and ranchland protection pro- section through existing agencies or interagency ‘‘(9) The State association of soil and water gram under subchapter B of chapter 2 of such groups and in cooperation with nonprofit orga- conservation districts. subtitle. nizations and the cooperative extension services ‘‘(10) At least 12 agricultural producers rep- ‘‘(3) The grassland reserve program under of States. resenting the variety of crops and livestock or subchapter C of chapter 2 of such subtitle. (b) FARMLAND INFORMATION CENTERS.—The poultry grown within the State. ‘‘(c) DIRECT ATTRIBUTION.— Secretary shall designate 1 or more farmland in- ‘‘(11) Nonprofit organizations within the formation centers to provide technical assistance ‘‘(1) IN GENERAL.—In implementing the pay- and serve as central depositories and distribu- meaning of section 501(c)(2) of the Internal Rev- ment limitations in subsection (a), the Secretary enue Code of 1986 with demonstrable conserva- tion points for information on farmland issues. shall issue such regulations as are necessary to Information provided by a center shall include tion expertise and experience working with agri- ensure that the total amount of payments are culture producers in the State. online access to data on land cover and use attributed to a person by taking into account changes and trends and literature, laws, histor- ‘‘(12) Agribusiness. the direct and indirect ownership interests of ‘‘(c) SUBCOMMITTEES.—A State technical com- ical archives, policies, programs, and innovative the person in a legal entity that is eligible to re- actions or proposals by local and State govern- mittee shall convene one or more subcommittees ceive such payments. to provide technical guidance and implementa- ments or nonprofit organizations related to tion recommendations. The topics that a sub- ‘‘(2) PAYMENTS TO A PERSON.—Every payment farmland protection. committee shall address shall include, at a min- made directly to a person shall be combined with (c) FUNDING.—Funds for the farmland infor- imum, the following: the person’s pro rata interest in payments re- mation centers designated under subsection (b) ‘‘(1) Establishing priorities and criteria for ceived by a legal entity in which the person has shall be provided using funds made available for State initiatives under the programs in this title, a direct or indirect ownership interest. the farm and ranchland protection program es- including the review of whether local working ‘‘(3) PAYMENTS TO A LEGAL ENTITY.— tablished under subchapter B of chapter 2 of groups are addressing those priorities. ‘‘(A) IN GENERAL.—Every payment made to a subtitle D of title XII of the Food Security Act ‘‘(2) Issues related to private forestlands pro- legal entity shall be attributed to those persons of 1985 (16 U.S.C. 3838h et seq.). Such funding tection and enhancement. who have a direct or indirect ownership interest for a fiscal year shall not exceed one-half of 1 ‘‘(3) Issues related to water quality and water in the legal entity. percent of the funds made available for the farm and ranchland protection program for that fis- quantity. ‘‘(B) ATTRIBUTION OF PAYMENTS.— ‘‘(4) In those States where applicable, issues cal year, but no less than $400,000 annually. related to air quality. ‘‘(i) PAYMENT LIMITS.—Except as provided in (d) MATCHING FUNDS.—Federal funding for a ‘‘(5) Issues related to wildlife habitat, includ- clause (ii), payments made to a legal entity shall farmland information center designated under ing the protection of nesting wildlife. not exceed the amounts specified in subsection subsection (b) shall be matched with non-Fed- ‘‘(6) Issues related to wetland protection, res- (a). eral funds, through cash or in-kind contribu- toration, and mitigation requirements. ‘‘(ii) EXCEPTION.—Payments made to a joint tions. ‘‘(7) Other issues as the Secretary determines venture or a general partnership shall not ex- TITLE III—TRADE would be useful. ceed, for each payment specified in subsection Sec. 3001. Agricultural Trade Development and ‘‘SEC. 1262. RESPONSIBILITIES. (a), the amount determined by multiplying the Assistance Act of 1954. maximum payment amount specified in sub- ‘‘(a) IN GENERAL.—Each State technical com- Sec. 3002. Export credit guarantee program. mittee established under section 1261 shall meet section (a) by the number of persons and legal Sec. 3003. Market access program. regularly to provide information, analysis, and entities (other than joint ventures and general Sec. 3004. Food for Progress Act of 1985. recommendations to appropriate officials of the partnerships) that comprise the ownership of Sec. 3005. McGovern-Dole International Food Department of Agriculture who are charged the joint venture or general partnership.’’. for Education and Child Nutrition with implementing the conservation provisions (b) CONFORMING AMENDMENTS.— program. of this title. (1) EXISTING PAYMENT LIMITATIONS IN CON- Sec. 3006. Bill Emerson Humanitarian Trust. ‘‘(b) PUBLIC NOTICE AND ATTENDANCE.—Each SERVATION PROGRAMS.—Title XII of the Food Sec. 3007. Technical assistance for specialty State technical committee shall provide public Security Act of 1985 is amended— crops. notice of, and permit public attendance at, (A) in section 1234 (16 U.S.C. 3834) by striking Sec. 3008. Technical assistance for the resolu- meetings considering issues of concern related to subsection (f); tion of trade disputes. carrying out this title. Sec. 3009. Representation by the United States (B) in section 1238C (16 U.S.C. 3838c), as ‘‘(c) ADVISORY ROLE.—The role of a State at international standard-setting amended by section 2103, by striking subsections technical committee is advisory in nature, and bodies. (d) and (e); and the committee shall have no implementation or Sec. 3010. Foreign market development coop- enforcement authority. However, the Secretary (C) by striking section 1240G (16 U.S.C. erator program. shall give strong consideration to the rec- 3839aa–7). Sec. 3011. Emerging markets. ommendations of the committee in administering (2) AGRICULTURAL MANAGEMENT ASSISTANCE.— Sec. 3012. Export Enhancement Program. the programs under this title. Section 524(b) of the Federal Crop Insurance Act Sec. 3013. Minimum level of nonemergency food ‘‘(d) FACA REQUIREMENTS.—Except as pro- (7 U.S.C. 524) is amended by striking paragraph assistance. vided in subsection (b), a State technical com- (3). Sec. 3014. Germplasm conservation.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00153 Fmt 7634 Sfmt 6343 E:\CR\FM\A30JY7.009 H30JYPT2 bajohnson on PRODPC60 with HOUSE H8990 CONGRESSIONAL RECORD — HOUSE July 30, 2007

SEC. 3001. AGRICULTURAL TRADE DEVELOPMENT fectiveness and efficiency of assistance provided (1) REPEALS.—Section 202 of the Agricultural AND ASSISTANCE ACT OF 1954. under this title. Trade Act of 1978 (7 U.S.C. 5622) is amended— (a) PURPOSE OF PROGRAM.—Section 201 of the ‘‘(4) FUNDING.—In addition to other funds (A) in subsection (a)— Agricultural Trade Development and Assistance made available for the Administrator to perform (i) in paragraph (1), by striking ‘‘(1)’’ and all Act of 1954 (7 U.S.C. 1721) is amended so that monitoring of emergency food assistance, the that follows through ‘‘The Commodity’’ and in- paragraph (1) reads as follows: Administrator may implement this subsection serting ‘‘The Commodity’’; and ‘‘(1) address famine and food crises and re- using up to $15,000,000 of funds made available (ii) by striking paragraphs (2) and (3); spond to emergency food needs arising from under this title for each of the fiscal years 2008 (B) by striking subsections (b) and (c); and manmade disasters, and natural disasters.’’. through 2012, except for paragraph (1)(F), for (C) by redesignating subsections (d) through (b) SUPPORT FOR ELIGIBLE ORGANIZATIONS.— which only $2,500,000 shall be made available (l) as subsections (b) through (j), respectively. Section 202(e)(1) of the Agricultural Trade De- during fiscal year 2008.’’. (2) CONFORMING AMENDMENTS.—The Agricul- velopment and Assistance Act of 1954 (7 U.S.C. (h) SHELF-STABLE PREPACKAGED FOODS.—Sec- tural Trade Act of 1978 is amended— 1722(e)(1)) is amended— tion 208(f) of the Agricultural Trade Develop- (A) in section 202 (7 U.S.C. 5622)— (1) by striking ‘‘not less than 5 percent nor ment and Assistance Act of 1954 (7 U.S.C. (i) in subsection (b)(4) (as redesignated by more than 10 percent of the funds’’ and insert- 1726b(f)) is amended— paragraph (1)(C)), by striking ‘‘, consistent with ing ‘‘not less than 7 percent nor more than 12 (1) by striking ‘‘2007’’ and insert ‘‘2012’’; and the provisions of subsection (c)’’; percent of the funds’’; (2) by striking ‘‘$3,000,000’’ and inserting (ii) in subsection (d) (as redesignated by para- (2) striking ‘‘and’’ at the end of subparagraph ‘‘$7,000,000’’ graph (1)(C))— (A); (i) PREPOSITIONING.—Section 407(c)(4) of the (I) by striking ‘‘(1)’’ and all that follows (3) striking the period at the end of subpara- Agricultural Trade Development and Assistance through ‘‘The Commodity’’ and inserting ‘‘The graph (B) and inserting ‘‘; and’’; and Act of 1954 (7 U.S.C. 1736a(c)(4)) is amended— Commodity’’; and (4) inserting after subparagraph (B) the fol- (1) by striking ‘‘2007’’ and inserting ‘‘2012’’; (II) by striking paragraph (2); and lowing: and (iii) in subsection (g)(2) (as redesignated by ‘‘(C) developing, implementing and improving (2) by striking ‘‘$2,000,000’’ and inserting paragraph (1)(C)), by striking ‘‘subsections (a) monitoring systems of programs receiving funds ‘‘$8,000,000’’. and (b)’’ and inserting ‘‘subsection (a)’’; and under this title.’’. (j) ANNUAL REPORTS.—Section 407(f) of the (B) in section 211 (7 U.S.C. 5641), by striking (c) GENERATION AND USE OF CURRENCIES BY Agricultural Trade Development and Assistance subsection (b) and inserting the following: PRIVATE VOLUNTARY ORGANIZATIONS AND CO- Act of 1954 (7 U.S.C. 1736a(f)) is amended— ‘‘(b) EXPORT CREDIT GUARANTEE PROGRAMS.— OPERATIVES.—Subsection (b) of section 203 of (1) in paragraph (2)— (1) The Commodity Credit Corporation shall the Agricultural Trade Development and Assist- (A) in subparagraph (B), by adding at the end make available for each of fiscal years 2008 ance Act of 1954 (7 U.S.C. 1723) is amended by before the semicolon the following: ‘‘, and the through 2012 not less than $5,500,000,000 in cred- striking ‘‘1 or more recipient countries’’ and in- amount of funds, tonnage levels, and types of it guarantees under section 202(a). serting ‘‘in 1 or more recipient countries’’. activities for non-emergency food assistance ‘‘(2) Section 202(k)(1) of the Agricultural (d) LEVELS OF ASSISTANCE.—Section 204(a) of programs under title II of this Act’’; Trade Act of 1978 (7 U.S.C. 5622(k)(1)) is amend- the Agricultural Trade Development and Assist- (B) in subparagraph (C), by adding at the end ed by striking ‘2007’ and inserting ‘2012’.’’. ance Act of 1954 (7 U.S.C. 1724(a)) is amended— before the semicolon the following: ‘‘, and a SEC. 3003. MARKET ACCESS PROGRAM. (1) in paragraph (1) by striking ‘‘2002 through general description of the projects and activities (a) ORGANIC COMMODITIES.—Section 203(a) of 2007’’ and inserting ‘‘2008 through 2012’’; and implemented’’; and the Agricultural Trade Act of 1978 (7 U.S.C. (2) in paragraph (2) by striking ‘‘2002 through (C) so that subparagraph (D) reads as follows: 5623(a)) is amended by inserting after ‘‘agricul- 2007’’ and inserting ‘‘2008 through 2012’’. ‘‘(D) an assessment of the progress toward re- tural commodities’’ the following: ‘‘(including (e) FOOD AID CONSULTATIVE GROUP.—Section ducing food insecurity in the populations receiv- commodities that are organically produced (as 205(f) of the Agricultural Trade Development ing food assistance from the United States.’’; defined in section 2103 of the Organic Foods and Assistance Act of 1954 (7 U.S.C. 1725(f)) is and Production Act of 1990 (7 U.S.C. 6502))’’. amended by striking ‘‘2007’’ and inserting (2) in paragraph (3), by striking ‘‘January 15’’ (b) FUNDING.—Section 211(c)(1)(A) of the Agri- ‘‘2012’’. and inserting ‘‘March 1’’. cultural Trade Act of 1978 (7 U.S.C. (f) DENIAL OF PROPOSALS.—Paragraph (3) of (k) EXPIRATION OF ASSISTANCE.—Section 408 5641(c)(1)(A)) is amended by striking ‘‘, and section 207(a) of the Agricultural Trade Devel- of the Agricultural Trade Development and As- $200,000,000 for each of fiscal years 2006 and opment and Assistance Act of 1954 (7 U.S.C. sistance Act of 1954 (7 U.S.C. 1736b) is amended 2007’’ and inserting ‘‘$200,000,000 for each of fis- 1726a(a)) is amended to read as follows: by striking ‘‘2007’’ and inserting ‘‘2012’’. cal years 2006 and 2007, and $225,000,000 for ‘‘(3) DENIAL.—If a proposal under paragraph (l) MICRONUTRIENT FORTIFICATION PROGRAM each of fiscal years 2008 through 2012’’. (1) is denied, the response shall specify the rea- .—Section 415(d) of the Agricultural Trade De- (c) AVAILABILITY OF FUNDS FOR ACTIVITIES TO sons for denial.’’. velopment and Assistance Act of 1954 (7 U.S.C. DEVELOP, MAINTAIN, OR EXPAND FOREIGN MAR- (g) PROGRAM OVERSIGHT, MONITORING, AND 1736g–2) is amended by striking ‘‘2007’’ and in- KETS FOR LEAF TOBACCO.—Section 1302(b)(3) of EVALUATION.—Section 207 of the Agricultural serting ‘‘2012’’. the Agricultural Reconciliation Act of 1993 (7 Trade Development and Assistance Act of 1954 (m) JOHN OGONOWSKI AND DOUG BEREUTER U.S.C. 5623 note) is amended by inserting ‘‘, (7 U.S.C. 1726a) is amended by adding at the FARMER-TO-FARMER PROGRAM.— other than leaf tobacco’’ after ‘‘tobacco’’. end the following: (1) MINIMUM FUNDING.—Section 501(d) of the SEC. 3004. FOOD FOR PROGRESS ACT OF 1985. ‘‘(f) PROGRAM OVERSIGHT, MONITORING, AND Agricultural Trade Development and Assistance The Food for Progress Act of 1985 (7 U.S.C. EVALUATION.— Act of 1954 (7 U.S.C. 1737(d)) is amended— 1736o) is amended by striking ‘‘2007’’ each place ‘‘(1) IN GENERAL.—The Administrator, in con- (A) by inserting ‘‘or $10,000,000, whichever sultation with the Secretary, shall establish sys- amount is greater,’’ after ‘‘not less than 0.5 per- it appears and inserting ‘‘2012’’. tems to improve, monitor, and evaluate the ef- cent’’; and SEC. 3005. MCGOVERN-DOLE INTERNATIONAL fectiveness and efficiency of assistance provided (B) by striking ‘‘2002 through 2007’’ and in- FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM. under this title in order to maximize the impact serting ‘‘2008 through 2012’’. Section 3107(l)(2) of the Farm Security and of such assistance. Such systems shall include (2) AUTHORIZATION OF APPROPRIATIONS.—Sec- Rural Investment Act of 2002 (7 U.S.C. 1736o– the following: tion 501(e) of the Agricultural Trade Develop- 1(l)(2)) is amended by striking ‘‘2007’’ and in- ‘‘(A) program monitors in countries receiving ment and Assistance Act of 1954 (7 U.S.C. serting ‘‘2012’’. assistance under this title; 1737(e)) is amended by striking paragraph (1) ‘‘(B) country and regional food aid impact and inserting the following new paragraph: SEC. 3006. BILL EMERSON HUMANITARIAN TRUST. evaluations; ‘‘(1) IN GENERAL.—To carry out programs Section 302 of the Bill Emerson Humanitarian ‘‘(C) evaluations of best practices for food aid under this section, there is authorized to be ap- Trust Act (7 U.S.C. 1736f–1) is amended by strik- programs; propriated for each of fiscal years 2008 through ing ‘‘2007’’ each place it appears in subsection ‘‘(D) evaluation of monetization programs; 2012 the following amounts: (b)(2)(B)(i) and paragraphs (1) and (2) of sub- ‘‘(E) early warning assessments to prevent ‘‘(A) $10,000,000 for sub-Saharan African and section (h) and inserting ‘‘2012’’. famines; and Caribbean Basin countries. SEC. 3007. TECHNICAL ASSISTANCE FOR SPE- ‘‘(F) upgraded information technology sys- ‘‘(B) $5,000,000 for all other countries not in- CIALTY CROPS. tems. cluded in subparagraph (A).’’. Section 3205 of the Farm Security and Rural ‘‘(2) IMPLEMENTATION REPORT.—Not later (n) REFERENCES TO COMMITTEE.—The Agricul- Investment Act of 2002 (7 U.S.C. 5680) is amend- than 180 days after the date of enactment of the tural Trade Development and Assistance Act of ed so that subsection (d) reads as follows: Farm, Nutrition, and Bioenergy Act of 2007, the 1954 (7 U.S.C. 1691 et seq.) is amended by strik- ‘‘(d) FUNDING.— Administrator shall submit to the appropriate ing ‘‘Committee on International Relations’’ ‘‘(1) COMMODITY CREDIT CORPORATION.—The congressional committees a report on efforts un- each place it appears and inserting ‘‘Committee Secretary shall use the funds, facilities, and au- dertaken to implement (1). on Foreign Affairs’’. thorities of the Commodity Credit Corporation to ‘‘(3) ANNUAL REPORT.—Not later than Feb- SEC. 3002. EXPORT CREDIT GUARANTEE PRO- carry out this section. ruary 1 of each year, the Administrator shall GRAM. ‘‘(2) FUNDING AMOUNT.—The Secretary shall submit to the appropriate congressional commit- (a) REPEAL OF SUPPLIER CREDIT GUARANTEE use the funds of, or an equal value of commod- tees a report assessing the systems implemented PROGRAM AND INTERMEDIATE EXPORT CREDIT ities owned by, the Commodity Credit Corpora- under paragraph (1) and their impact on the ef- GUARANTEE PROGRAM.— tion to carry out this section —

VerDate Aug 31 2005 03:52 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00154 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.009 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8991 ‘‘(A) $4,000,000 for fiscal year 2008; Crop Diversity Trust (in this section referred to Sec. 4302. Buy American requirements. ‘‘(B) $6,000,000 for fiscal year 2009; as the ‘‘Trust’’) to assist in the conservation of Sec. 4303. Expansion of fresh fruit and vege- ‘‘(C) $8,000,000 for fiscal year 2010; genetic diversity in food crops through the col- table program. ‘‘(D) $10,000,000 for each of fiscal years 2011 lection and storage of the germplasm of such Sec. 4304. Purchases of locally produced foods. through 2012.’’. crops in a manner that provides for— Subtitle D—Miscellaneous SEC. 3008. TECHNICAL ASSISTANCE FOR THE RES- (1) the maintenance and storage of seed col- Sec. 4401. Seniors farmers’ market nutrition OLUTION OF TRADE DISPUTES. lections; program. (a) IN GENERAL.—The Secretary of Agriculture (2) the documentation and cataloguing of the Sec. 4402. Congressional Hunger Center. may provide monitoring, analytic support, and genetics and characteristics of conserved seeds Sec. 4403. Joint nutrition monitoring and re- other technical assistance to limited resource to ensure efficient reference for researchers, lated research activities. persons and organizations associated with agri- plant breeders, and the public; Subtitle A—Food Stamp Program cultural trade (as determined by the Secretary) (3) building the capacity of seed collection in SEC. 4001. RENAMING THE FOOD STAMP PRO- to address unfair trade practices of foreign developing countries; GRAM. countries and to reduce trade barriers. (4) making information regarding crop genetic (a) AMENDMENTS TO THE FOOD STAMP ACT OF (b) AUTHORIZATION OF APPROPRIATIONS.— data publicly available for researchers, plant 1977.— There are authorized such sums as necessary to breeders, and the public (for example, through (1) REFERENCES AMENDED.—The provisions of carry out subsection (a). the provision of an accessible Internet site); the Food Stamp Act of 1977 (7 U.S.C. 2011 et SEC. 3009. REPRESENTATION BY THE UNITED (5) the operation and maintenance of a back- seq.)— STATES AT INTERNATIONAL STAND- up facility wherein is stored duplicate samples (A) specified in paragraph (2)(A) are amended ARD-SETTING BODIES. of seeds, as a hedge against natural or man- in the section heading by striking ‘‘FOOD (a) IN GENERAL.—Pursuant to the authority of made disasters; and STAMP’’ each place it appears and inserting the Secretary provided by section 1458(a)(3) of (6) oversight designed to ensure international ‘‘SECURE SUPPLEMENTAL NUTRITION AS- the Food and Agriculture Act of 1977 (7 U.S.C. coordination of these actions and efficient, pub- SISTANCE’’; 3291(a)(3)), the Secretary is authorized to en- lic accessibility to this diversity through a cost- (B) specified in paragraph (2)(B) are amended hance United States support for international effective system. in the subsection heading by striking ‘‘FOOD organizations, including the Food and Agri- (b) UNITED STATES CONTRIBUTION LIMIT.—The STAMP’’ each place it appears and inserting ‘‘SE- culture Organization, the Codex Alimentarius aggregate contributions of United States Gov- CURE SUPPLEMENTAL NUTRITION ASSISTANCE’’; Commission, the International Plant Protection ernment funds provided to the Trust shall not (C) specified in paragraph (2)(C) are amended Convention, and the World Organization for exceed 25 percent of the total of the funds con- by striking each place it appears ‘‘food stamp Animal Health, that establish international tributed to the Trust from all sources. recipient’’ and inserting ‘‘member of a house- standards regarding food, food safety, plants, (c) AUTHORIZATION.—There are authorized to hold that receives Secure Supplemental Nutri- and animals, respectively, by funding additional be appropriated to carry out this section a total tion Assistance Program benefits’’, (D) specified in paragraph (2)(D) are amended positions of Associate Professional Officers to of $60,000,000 over the period of fiscal year 2008 by striking ‘‘food stamp recipients’’ each place it address sanitary and phytosanitary priorities of through fiscal year 2012. appears and inserting ‘‘members of households the United States within applicable inter- TITLE IV—NUTRITION PROGRAMS that receive Secure Supplemental Nutrition As- national organizations. Subtitle A—Food Stamp Program sistance Program benefits’’, (b) AUTHORIZATION OF APPROPRIATIONS.— (E) specified in paragraph (2)(E) are amended There are authorized to be appropriated such Sec. 4001. Renaming the food stamp program. by striking ‘‘food stamp households’’ each place sums as necessary to carry out this section for Sec. 4002. Definition of drug addiction or alco- it appears and inserting ‘‘households that re- each of fiscal years 2007–2012. holic treatment and rehabilitation ceive Secure Supplemental Nutrition Assistance SEC. 3010. FOREIGN MARKET DEVELOPMENT CO- program. Sec. 4003. Nutrition education. Program benefits’’; OPERATOR PROGRAM. (F) specified in paragraph (2)(F) are amended Section 703(a) of the Agricultural Trade Act of Sec. 4004. Food distribution on Indian reserva- tions. by striking ‘‘Simplified Food Stamp Program’’ 1978 (7 U.S.C. 5723(a)) is amended by striking each place it appears and inserting ‘‘Simplified ‘‘2007’’ and inserting ‘‘2012’’. Sec. 4005. Deobligate food stamp coupons. Sec. 4006. Allow for the accrual of benefits. Secure Supplemental Nutrition Assistance Pro- SEC. 3011. EMERGING MARKETS. Sec. 4007. State option for telephonic signature. gram’’; The Food, Agriculture, Conservation, and Sec. 4008. Review of major changes in program (G) specified in paragraph (2)(H) are amended Trade Act of 1990 (7 U.S.C. 5622 note; Public design. by striking ‘‘food stamp participants’’ each Law 101–624) is amended in each of subsections Sec. 4009. Grants for simple application and eli- place it appears and inserting ‘‘participants in (a) and (d)(1)(A)(i) by striking ‘‘2007’’ and in- gibility determination systems and the Secure Supplemental Nutrition Assistance serting ‘‘2012. improved access to benefits. Program’’; (H) specified in paragraph (2)(I) are amended SEC. 3012. EXPORT ENHANCEMENT PROGRAM. Sec. 4010. Civil money penalties and disquali- by striking ‘‘food stamp informational activi- Section 301(e)(1)(G) of the Agricultural Trade fication of retail food stores and ties’’ each place it appears and inserting ‘‘infor- Act of 1978 (7 U.S.C. 5651(e)(1)(G)) is amended wholesale food concerns. mational activities relating to the Secure Sup- by striking ‘‘2007’’ and inserting ‘‘2012’’. Sec. 4011. Major systems failures. plemental Nutrition Assistance Program’’; SEC. 3013. MINIMUM LEVEL OF NONEMERGENCY Sec. 4012. Funding of employment and training FOOD ASSISTANCE. (I) specified in paragraph (2)(J) are amended programs. by striking ‘‘food stamp caseload’’ each place it Section 412 of the Agricultural Trade Develop- Sec. 4013. Reductions in payments for adminis- ment and Assistance Act of 1954 (7 U.S.C. 1736f) appears and inserting ‘‘caseload under the Se- trative costs. cure Supplemental Nutrition Assistance Pro- is amended by inserting at the end the following Sec. 4014. Cash payment pilot projects. new subsection: gram’’; Sec. 4015. Findings of Congress regarding Se- (J) specified in paragraph (2)(K) are amended ‘‘(e) MINIMUM LEVEL OF NONEMERGENCY cure Supplemental Nutrition As- by striking ‘‘State’s food stamp households’’ FOOD ASSISTANCE.— sistance program nutrition edu- each place it appears and inserting ‘‘the number ‘‘(1) FUNDS.—Of the amounts made available cation. to carry out emergency and nonemergency food of households in the State receiving Secure Sup- Sec. 4016. Nutrition education and promotion plemental Nutrition Assistance Program bene- assistance programs under title II, not less than initiative to address obesity. $450,000,000 for each of fiscal years 2008 through fits’’; Sec. 4017. Authorization of appropriations. (K) specified in paragraph (2)(L) are amended 2012 shall be expended for nonemergency food Sec. 4018. Consolidated block grants for Puerto in the section heading by striking ‘‘FOOD assistance programs under title II. Rico and American Samoa. STAMP PORTION’’ each place it appears and ‘‘(2) EXCEPTION.—The Administrator may use Sec. 4019. Study on comparable access to Secure inserting ‘‘ less than the amount specified in paragraph (1) SECURE SUPPLEMENTAL NUTRI- Supplemental Nutrition Assist- TION ASSISTANCE PROGRAM BENEFITS’’; for a fiscal year for nonemergency food assist- ance Program benefits for Puerto (L) specified in paragraph (2)(M) are amended ance programs under title II if— Rico. by striking ‘‘food stamps’’ each place it appears ‘‘(A) the Administrator submits to the Commit- Sec. 4020. Reauthorization of community food and inserting ‘‘Secure Supplemental Nutrition tees on International Relations, Agriculture, project competitive grants. Assistance Program benefits’’; and Appropriations of the House of Representa- Sec. 4021. Emergency food assistance. (M) specified in paragraph (2)(N) are amended tives and the Committees on Appropriations and Subtitle B—Commodity Distribution by striking ‘‘Food stamp program’’ each place it Agriculture, Nutrition, and Forestry of the Sen- appears and inserting ‘‘Secure Supplemental ate a report requesting the reduction and con- Sec. 4201. Authorization of appropriations. Sec. 4202. Distribution of surplus commodities; Nutrition Assistance Program’’; taining the reasons for the reduction; and (N) specified in paragraph (2)(o) are amended ‘‘(B) following submission of the report, Con- special nutrition projects. Sec. 4203. Commodity distribution program. by striking ‘‘food stamp program benefits’’ each gress enacts a law approving the Administra- place it appears and inserting ‘‘Secure Supple- tor’s request.’’. Subtitle C—Child Nutrition and Related mental Nutrition Program benefits’’; and SEC. 3014. GERMPLASM CONSERVATION. Programs (O) specified in paragraph (2)(O) are amended (a) CONTRIBUTION.—The Administrator of the Sec. 4301. Purchase of fresh fruits and vegeta- by striking ‘‘food stamp program’’ each place it United States Agency for International Develop- bles for distribution to schools appears and inserting ‘‘Secure Supplemental ment shall contribute funds to endow the Global and service institutions. Nutrition Assistance Nutrition Program’’.

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(2) PROVISIONS REFERRED TO.—The provisions (II) in subsection (e)— (xvi) Section 23(c). of the of the Food Stamp Act of 1977 referred to (aa) paragraph (1)(A); (xvii) In section 26— in paragraph (1) are the following: (bb) clauses (i) and (iv) of paragraph (2)(B); (I) subparagraphs (B) and (C) of subsection (A) Sections 4 and 26. and (c)(4); and (B) Section 6(j). (cc) paragraphs (10), (17), (20)(B), and (22); (II) subsection (f)(1). (C) Section 6(o)(6)(A)(ii). (III) subsections (f)(1), (g), (i), and (j)(1); (b) REFERENCES IN OTHER LAWS, DOCUMENT, (D)(i) Subparagraphs (D) and (E) of section (IV) paragraphs (1), (2), (3), and (4) of sub- AND RECORDS OF THE UNITED STATES.—In any 6(o)(6); section (o); law (excluding the Food Stamp Act of 1977), reg- (ii) sections 16(h)(1)(E)(i) and 12(a); and (V) subsections (p) and (q); and ulation, rule, document, or record of the United (iii) paragraphs (1)(B)(ii)(II) and (3)(B) of sec- (VI) paragraphs (2)(A) and (B)(4)(A) of sub- States— tion 17(b). section (t). (1) a reference to food stamp recipients shall (E) Sections 7(h)(3)(B)(ii), 9(b)(1), 12(a), and (viii) Sections 12(a) and 14(a)(1). be deemed to be a reference to recipients of Se- 17(b)(1)(B)(ii)(I). (ix) Subsections (b)(1) and (c) of section 15. cure Supplemental Nutrition Assistance Pro- (F) Sections 11(e)(25) and 26(b). (x) In section 16— gram benefits; (G) Section 11(f)(2)(B). (I) subsection (a); (2) a reference to food stamp households shall (H) Section 16(a). (II) paragraph (1), (2), and (3) of subsection be deemed to be a reference to households that (I) Section 16(e)(9)(C). (b); receive Secure Supplemental Nutrition Assist- (J) Section 17(b)(1)(B)(iii)(I). (III) in subsection (c)— ance Program benefits; (3) a reference to the Simplified Food Stamp (K) Section 22. (aa) the matter preceding subparagraph (A); Program shall be deemed to be a reference to the (L)(i) Subsections (d)(3) and (o)(6)(A)(i) of (bb) subparagraphs (D)(i)(II) and (F)(iii)(I) of Simplified Secure Supplemental Nutrition Assist- section 6; paragraph (1); and (i) paragraphs (2)(B)(v)(II) and (14) of section (cc) subparagraphs (A), (B), and (C) of para- ance Program; (4) a reference to food stamp participants 11(e);and graph (9); shall be deemed to be a reference to participants (i) sections 12(e)(16), 17(b)(3)(C), and (IV) subsections (e), (g), and (i)(1); and in the Secure Supplemental Nutrition Assistance 18(a)(3)(A)(ii). (V) in subsection (k)— Program; (aa) subparagraphs (A) and (B) of paragraph (M) Section 3(h) (5) a reference to food stamp informational ac- (2); (N)(i) In section 6— tivities shall be deemed to be a reference to in- (I) subsection (h); and (bb) subparagraphs (A) and (B)(i) of para- formational activities relating to the Secure (II) in subsection (o)— graph (3); and Supplemental Nutrition Assistance Program; (aa) paragraph (2); and (cc) subparagraphs (A)(ii) and (B)(iv)(II) of (6) a reference to food stamp caseload shall be (bb) subclauses (IV) and (V) of paragraph paragraph (5). deemed to be a reference to caseload under the (6)(A)(ii). (xi) In section 17— Secure Supplemental Nutrition Assistance Pro- (ii) Section 7(k)(2). (I) subsection (a)(1); gram; (iii) In section 11— (II) in subsection (b)— (7) a reference to food stamps shall be deemed (I) subsection (e)(25)(A); (aa) subparagraphs (A) and (B)(i) of para- to be a reference to Secure Supplemental Nutri- (II) paragraphs (1), (2), and (3) of subsection graph (1); and tion Assistance Program benefits; and (s); and (bb) subparagraph (2); (8) a reference to the food stamp program (III) subsection (t)(1)(B). (III) subsection (c); shall be deemed to be a reference to Secure Sup- (iv) In section 17— (IV) subparagraphs (A) and (C) of subsection plemental Nutrition Assistance Program. (I) subsection (a)(2); (d) (2); and SEC. 4002. DEFINITION OF DRUG ADDICTION OR (II) paragraphs (1)(A), (2), and (3)(D) of sub- (V) subsections (e), (g), and (h)(2). ALCOHOLIC TREATMENT AND REHA- section (b); (xii) Subsections (a)(3)(D), (b), (d), and (e) of BILITATION PROGRAM. (III) paragraphs (1)(B), (2)(C)(ii), and (3)(E) section 18. Section 3(f) of the Food Stamp Act of 1977 (7 of subsection (d); and (xiii) Subsections (a)(1) and (f) of section 20. U.S.C. 2012(f)) is amended by striking ‘‘ center, (IV) subsections (e) and (f). (xiv) In section 21— under part B of title XIX of the Public Health (v) Section 21(d)(3). (I) subsection (a); Service Act (42 U.S.C. 300x et seq.)’’ and insert- (O)(i) Sections 2, 3(h), and 4. (II) in subsection (b)— ing ‘‘center, that is— (ii) In section 5— (aa) in paragraph (2)— ‘‘(1) tax exempt; and (I) subsections (a), (b), (c), and (d); (AA) clause (i) and (ii) of subparagraph (A); ‘‘(2) certified by the State title XIX agency, (II) clauses (ii)(III) and (iv)(IV) of subsection (BB) subparagraphs (B) and (C)(i); under part B of title XIX of the Public Health (e)(6)(C); (CC) clause (ii), and subclauses (II), (III), and Service Act (42 U.S.C. 300x et seq.), as receiving (III) paragraphs (1), (3), and (6)(B)(iv) of sub- (IV) of clause (iii), of subparagraph (F); and funding under part B, eligible to receive funding section (g); and (DD) subparagraph (G)(i); under part B even if no funds are being re- (IV) subsections (h)(2)(A) and (k)(4)(B). (bb) paragraph (3); ceived, or operating to further the purposes of (iii) In section 6— (cc) in paragraph (4)— part B, except that nothing in this paragraph (I) subsections (a) and (b); (AA) subparagraphs (A) and (B); and shall be construed to require State or Federal li- (II) in subsection (d)(1)— (BB) the flush text at the end; censure to meet these requirements;’’. (aa) subparagraphs (A) and (B); (dd) paragraphs (5) and (7); SEC. 4003. NUTRITION EDUCATION. (bb) clauses (i), (ii), and (iii) of subparagraph (III) subsection (C)(2)(B); (a) AUTHORITY TO PROVIDE NUTRITION EDU- (C); and (IV) paragraphs (1)(A), (2), and (3) of sub- CATION.—Section 4(a) of the Food Stamp Act of (cc) clauses (v) and (vi) of subparagraph (D); section (d); and 1977 (7 U.S.C. 2013(a)) is amended in the first (III) paragraphs (2)(C), (3), and (4)(A)(i) of (V) paragraphs (1) and (2) of subsection (f). sentence by inserting ‘‘and through an ap- subsection (d); (xv) In section 22— proved State plan, nutrition education’’ after (IV) subsections (e), (f), and (h); (I) subsection (a)(1); ‘‘an allotment’’. (V) paragraphs (1) and (2) of subsection (i); (II) in subsection (b)— (b) IMPLEMENTATION.—Section 11(f) of the and (aa) paragraph (2); Food and Nutrition Act of 1977 (7 U.S.C. 2020(f)) (VI) subsections (j), (k), (l)(1), (m)(1), (n), (bb) in paragraph (3)— is amended to read as follows: (o)(5)(A); (AA) subparagraphs (A) and (B)(ii); ‘‘(f) NUTRITION EDUCATION.— (iv) In section 7— (BB) clauses (ii) and (iii) of subparagraph (C); ‘‘(1) IN GENERAL.—State agencies may imple- (I) subsections (a), (b), and (g); (CC) subparagraph (D)(ii); and ment a nutrition education program for individ- (II) paragraphs (1) and (2)(B) of subsection (DD) clauses (i), (ii), and (iv) of subparagraph uals eligible for Secure Supplemental Nutrition (j); and (E); Assistance Program benefits that promotes (III) in subsection (k)— (cc) paragraph (5); healthy food choices consistent with current Di- (aa) paragraph (3); and (dd) subparagraphs (B) and (C) of paragraph etary Guidelines. (bb) subparagraphs (B)(ii) and (C) of para- (6); ‘‘(2) DELIVERY OF NUTRITION EDUCATION.— graph (4). (ee) subparagraphs (A) and (B) of paragraph State agencies may deliver nutrition education (v) In section 8— (7); directly to eligible persons or through agree- (I) subsections (a), (c)(2), and (d)(2); (ff) paragraphs (8) and (9); ments with the Cooperative State Research, (II) in subsection (f)— (gg) in paragraph (10)— Education and Extension Service, including (aa) clauses (i)(II)(aa), (ii)(I), and (iv) of (AA) subparagraph (A) through the expanded food and nutrition edu- paragraph (1)(D), and (BB) clauses (i) and (ii) of subparagraph (B); cation under section 3(d) of the Act of May 8, (bb) paragraph (3)(B)(ii)(II)(bb). and 1914 (7 U.S.C. 343(d)), and other State and com- (vi) In section 9— (CC) subparagraph (C); and munity health and nutrition providers and or- (I) paragraphs (1) and (3) of subsection (a); (hh) paragraphs (11), (12), and (13); ganizations. and (III) in subsection (d)— ‘‘(3) NUTRITION EDUCATION STATE PLANS.— (II) subsections (b)(1), (d), (e), and (g). (aa) paragraph (1)(B)(i); and State agencies wishing to provide nutrition edu- (vii) In section 11— (bb) paragraph (3); and cation under this subsection shall submit a Nu- (I) subsections (c) and (d); (IV) subsections (g)1 and (h). trition Education State Plan to the Food and

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00156 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.009 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8993 Nutrition Service for approval. The plan shall Act of 1977 (7 U.S.C. 2013(b)) (referred to in this (8) in subsection (h)(1) by striking ‘‘coupons’’ identify the uses of the funding for local subsection as the ‘‘food package’’); and inserting ‘‘benefits’’; projects and conform to standards set forth by (2) the extent to which the food package— (9) in subsection (j)— the Secretary in regulations or guidance. State (A) conforms (or fails to conform) to the 2005 (A) in paragraph (2)(A)(ii) by striking ‘‘print- costs for providing nutrition education under Dietary Guidelines for Americans published ing, shipping, and redeeming coupons’’ and in- this subsection shall be reimbursed pursuant to under section 301 of the National Nutrition serting ‘‘issuing and redeeming benefits’’; and section 16(a). Monitoring and Related Research Act of 1990 (7 (B) in paragraph (5) by striking ‘‘coupon’’ ‘‘(4) NOTIFICATION.—Whenever practicable, U.S.C. 5341); and inserting ‘‘benefit’’; and State agencies shall notify applicants, partici- (B) addresses (or fails to address) the nutri- (10) in subsection (k)— pants, and eligible program participants of the tional and health challenges that are specific to (A) by striking ‘‘coupons in the form of’’ each availability of nutrition education under this Native Americans; and place it appears and inserting ‘‘benefits in the subsection.’’. (C) addresses the nutritional needs of low-in- form of’’; and SEC. 4004. FOOD DISTRIBUTION ON INDIAN RES- come Native Americans, compared to the Secure (B) by striking ‘‘a coupon issued in the form ERVATIONS. Supplemental Nutrition Assistance Program; of’’ each place it appears and inserting ‘‘bene- (a) IN GENERAL.—Section 4 of the Food Stamp (3) any plans of the Secretary to revise and fits in the form of’’. Act of 1977 (7 U.S.C. 2013) is amended by strik- update the food package to conform with the (b) CONFORMING AMENDMENTS.— ing subsection (b) and inserting the following: most recent Dietary Guidelines for Americans, (1) Section 3 of the Food Stamp Act of 1977 (7 ‘‘(b) FOOD DISTRIBUTION PROGRAM ON INDIAN including any costs associated with the planned U.S.C. 2012) is amended— RESERVATIONS.— changes; and (A) in subsection (a) by striking ‘‘coupons’’ ‘‘(1) IN GENERAL.—Distribution of commod- (4) if the Secretary does not plan changes to and inserting ‘‘benefits’’; ities, with or without the Secure Supplemental the food package, the rationale of the Secretary (B) by amending subsection (b) to read as fol- Nutrition Assistance Program, shall be made for retaining the food package. lows: whenever a request for concurrent or separate SEC. 4005. DEOBLIGATE FOOD STAMP COUPONS. ‘‘(b) ‘Benefit’ means the value of assistance provided under this Act to a household by food program operations, respectively, is made (a) IN GENERAL.—Section 7 of the Food Stamp by a tribal organization. Act of 1977 (7 U.S.C. 2016) is amended— means of an electronic benefit transfer under ‘‘(2) ADMINISTRATION.— (1) by striking the section designation and section 7(i), or other means of providing assist- ‘‘(A) IN GENERAL.—Subject to subparagraphs heading and all that follows through ‘‘sub- ance, as determined by the Secretary.’’; (B) and (C), in the event of distribution on all section (j)) shall be’’ and inserting the fol- (C) in the 1st sentence of subsection (c) by or part of an Indian reservation, the appro- lowing: striking ‘‘authorization cards’’ and inserting priate agency of the State government in the ‘‘benefits’’; ‘‘SEC. 7. ISSUANCE AND USE OF BENEFITS. area involved shall be responsible for the dis- (D) in subsection (d) by striking ‘‘or access de- tribution. ‘‘(a) IN GENERAL.—Except as provided in sub- vice’’ and all that follows through ‘‘number’’; ‘‘(B) ADMINISTRATION BY TRIBAL ORGANIZA- section (j), EBT cards shall be’’. (E) in subsection (e)— TION.—If the Secretary determines that a tribal (2) in subsection (b)— (i) by striking ‘‘coupon issuer’’ and inserting organization is capable of effectively and effi- (A) by striking ‘‘(b) Coupons’’ and inserting ‘‘benefit issuer’’; and ciently administering a distribution described in the following: (ii) by striking ‘‘coupons’’ and inserting ‘‘ben- subparagraph (A), then the tribal organization ‘‘(b) USE.—Benefits’’; and efits’’; shall administer the distribution. (B) by striking ‘‘: Provided further’’ and all (F) by after paragraph (f) the following: ‘‘(C) PROHIBITION.—The Secretary shall not that follows through ‘‘denominations issued’’ ; ‘‘(f-1) EBT CARD.—The term ‘EBT card’ means approve any plan for a distribution described in (3) in subsection (c)— an electronic benefit transfer card issued under subparagraph (A) that permits any household (A) by striking ‘‘(c) Coupons’’ and inserting section 7(i).’’; on any Indian reservation to participate simul- the following: (G) in subsection (i)(5)(D) by striking ‘‘cou- taneously in the Secure Supplemental Nutrition ‘‘(c) DESIGN.— pons’’ and inserting ‘‘benefits’’; and Assistance Program and the distribution of fed- ‘‘(1) IN GENERAL.—EBT cards’’; (H) in subsection (t) by inserting ‘‘including erally donated foods. (B) in the 1st sentence by striking ‘‘and define point of sale devices,’’ after ‘‘other means of ac- ‘‘(3) DISQUALIFIED PARTICIPANTS.—The Sec- their denomination’’; and cess’’. retary shall ensure that an individual who is (C) by striking the 2d sentence and inserting (2) Section 4(a) of the Food Stamp Act of 1977 disqualified from participation in the Food Dis- the following: (7 U.S.C. 2013(a)) is amended— tribution Program on Indian Reservations under ‘‘(2) PROHIBITION.—The name of any public (A) by striking ‘‘coupons’’ each place it ap- this subsection is not eligible to participate in official shall not appear on any EBT card.’’; pears and inserting ‘‘benefits’’; and the Secure Supplemental Nutrition Assistance (4) by striking subsection (d); (B) by striking ‘‘coupons issued’’ and insert- Program under this Act. (5) in subsection (e)— ing ‘‘benefits issued’’. ‘‘(4) ADMINISTRATIVE COSTS.—The Secretary is (A) by striking ‘‘coupons’’ each place it ap- (3) Section 5(i)(2)(E) of the Food Stamp Act of authorized to pay such amounts for administra- pears and inserting ‘‘benefits’’; and 1977 (7 U.S.C. 2014(i)(2)(E)) is amended by strik- tive costs of such distribution on Indian reserva- (B) by striking ‘‘coupon issuers’’ each place it ing ‘‘, as defined in section 3(i) of this Act,’’. tions as the Secretary finds necessary for effec- appears and inserting ‘‘benefit issuers’’; (4) Section 6(b)(1) of the Food Stamp Act of tive administration of such distribution by a (6) in subsection (f)— 1977 (7 U.S.C. 2015(b)(1)) is amended— State agency or tribal organization. (A) by striking ‘‘coupons’’ each place it ap- (A) in subparagraph (B) by striking ‘‘coupons ‘‘(5) TRADITIONAL AND LOCAL FOODS FUND.— pears and inserting ‘‘benefits’’; or authorization cards’’ and inserting ‘‘bene- ‘‘(A) IN GENERAL.—The Secretary shall estab- (B) by striking ‘‘coupon issuer’’ and inserting fits’’; and lish a fund to purchase traditional and locally- ‘‘benefit issuer’’; and (B) by striking ‘‘coupons’’ each place it ap- grown food, designated by region, for recipients (C) by striking ‘‘section 11(e)(20)’’ and all that pears and inserting ‘‘benefits’’. of food distributed under this subsection. follows through the period and inserting ‘‘sec- (5) Section 7(j)(5) is amended by striking ‘‘cou- ‘‘(B) NATIVE AMERICAN PRODUCERS.—For re- tion 11(e)(19).’’; pon’’ and inserting ‘‘benefit’’. cipients of food distributed under subparagraph (7) by amending subsection (g) to read as fol- (6) Section 8(b) of the Food Stamp Act of 1977 (A), at least 50 percent shall be produced by Na- lows: (7 U.S.C. 2017(b)) is amended by striking ‘‘, tive American farmers, ranchers, and producers. ‘‘(g) BENEFIT SYSTEM.— whether through coupons, access devices, or ‘‘(C) DEFINITION OF TRADITIONAL AND LO- ‘‘(1) COST.—The cost of documents or systems otherwise’’. CALLY GROWN.—The Secretary, in conjunction that may be required by subsection (i) may not (7) Section 9 of the Food Stamp Act of 1977 (7 with the Indian Tribal Organizations, will de- be imposed upon a retail food store participating U.S.C. 2018) is amended— termine the definition of traditional and locally- in the Secure Supplemental Nutrition Assistance (A) by striking ‘‘coupons’’ each place it ap- grown. Program. pears and inserting ‘‘benefits’’; and ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) DEVALUATION AND TERMINATION OF (B) in subsection (a)— There is authorized to be appropriated to the ISSUANCE OF PAPER COUPONS.— (i) in paragraph (1) by striking ‘‘coupon’’ and Secretary $5,000,000 for each of the fiscal years ‘‘(A) COUPON ISSUANCE.—Beginning on the ef- inserting ‘‘benefit’’; and 2008 through 2012 to carry out subparagraph fective date of this subsection, no State shall (ii) in paragraph (3) by striking ‘‘coupons, or (A).’’. issue any coupon, stamp, certificate, or author- to redeem,’’. (b) FDPIR FOOD PACKAGE.—Not later than ization card to a household that receives bene- (8) Section 10 of the Food Stamp Act of 1977 180 days after the date of enactment of this Act, fits under this Act. (7 U.S.C. 2019) is amended— the Secretary of Agriculture shall submit to the ‘‘(B) EBT CARDS.—Beginning 1 year after the (A) by striking the section designation and Committee on Agriculture of the House of Rep- effective date of this subsection, only an EBT heading and all that follows through ‘‘Regula- resentatives and the Committee on Agriculture, card issued under subsection (i) shall be eligible tions’’ and inserting the following: Nutrition, and Forestry of the Senate a report for exchange at any retail food store. ‘‘SEC. 10. REDEMPTION OF BENEFITS. that describes— ‘‘(C) DE-OBLIGATION OF COUPONS.—Coupons ‘‘Regulations’’; and (1) how the Secretary derives the process for not redeemed in the 1-year period beginning on (B) by striking ‘‘coupons’’ each place it ap- determining the food package under the Food the effective date of this subsection will no pears and inserting ‘‘benefits’’. Distribution Program on Indian Reservations es- longer be an obligation of the Federal Govern- (9) Section 11 of the Food Stamp Act of 1977 tablished under section 4(b) of the Food Stamp ment and shall not be redeemable.’’. (7 U.S.C. 2020) is amended—

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(A) in subsection (e)— ‘‘(12) RECOVERING ELECTRONIC BENEFITS.— information activities reimbursed under para- (i) in paragraph (15) by striking ‘‘when using ‘‘(A) A State agency may recover benefits from graphs (2), (3), (4), or (6) of section 16(a) or its authorization card in order to receive its cou- a household’s electronic benefits account be- under section 16(g) or for assisting in the pons’’ and inserting ‘‘when receiving benefits’’; cause of inactivity in the account after the verification of an applicant’s identity; and and household has not accessed the account the less- ‘‘(C) the State agency shall not use any Fed- (ii) in paragraph (19) by striking ‘‘that,’’ and er of— eral funds— all that follows through ‘‘paragraph;’’ and in- ‘‘(i) 3 months during which the account has ‘‘(i) to implement, to perform, or to carry out serting ‘‘that eligible households may be re- continuously had a balance in excess of $1,000, any contract that does not comply with the re- quired to present photographic identification adjusted for changes in the thrifty food plan quirements in effect under subparagraph (B); or cards in order to receive their benefits.’’; since June 2007; or ‘‘(ii) to pay any cost associated with the ter- (B) in subsection (h) by striking ‘‘coupon or ‘‘(ii) 12 months. mination, breach, or full or partial abrogation, coupons’’ and inserting ‘‘benefits’’; ‘‘(B) A household whose benefits are recov- of any contract that does not comply with the (C) by striking ‘‘coupon’’ each place it ap- ered under subparagraph (A) shall receive no- requirements in effect under such subpara- pears and inserting ‘‘benefit’’; and tice and shall have the benefits made available graph;’’. (D) by striking ‘‘coupons’’ each place it ap- again upon a request made during a period of (b) WAIVERS.—Section 17(b)(1)(B)(iv)(III)(ff) pears and inserting ‘‘benefits’’. not less than 12 months after the recovery.’’. of the Food Stamp Act of 1977 (7 U.S.C. (10) Section 13 of the Food Stamp Act of 1977 2026(b)(1)(B)(iv)(III)(ff)) is amended by inserting (7 U.S.C. 2022) is amended by striking ‘‘cou- SEC. 4007. STATE OPTION FOR TELEPHONIC SIG- ‘‘or 11(e)(6)(B)’’ before the semicolon at the end. NATURE. pons’’ each place it appears and inserting ‘‘ben- (c) PROJECTS.—Section 26(f)(3)(E) of the Food efits’’. Section 11(e)(2)(C) of the Food Stamp Act of Stamp Act of 1977 (7 U.S.C. 2035(f)(3)(E)) is (11) Section 15 of the Food Stamp Act of 1977 1977 (7 U.S.C. 2020(e)(2)(C)) is amended— amended by inserting ‘‘(6)(B),’’ after ‘‘para- (7 U.S.C. 2024) is amended— (1) by inserting ‘‘(i)’’ after ‘‘(C)’’; and graphs’’. (A) in subsection (a) by striking ‘‘coupons’’ (2) by adding at the end the following: (d) DISASTERS.—Section 5(h) of the Food and inserting ‘‘benefits’’; ‘‘(ii) A State agency may establish a system by Stamp Act of 1977 (7 U.S.C. 2014(h)) is amended (B) in subsection (b)(1)— which an applicant household may sign an ap- by inserting at the end: (i) by striking ‘‘coupons’’ each place it ap- plication through a recorded verbal assent over ‘‘(4) The Secretary may authorize a state pears and inserting ‘‘benefits’’; the telephone. Any such system shall— agency, on a temporary basis, to use employees (ii) by striking ‘‘coupons or authorization ‘‘(I) record for future reference the household or individuals that do not meet the standards cards’’ and inserting ‘‘benefits’’; and member’s verbal assent and the information to prescribed under section 11(e)(6)(B) in order to (iii) by striking ‘‘access device’’ each place it which assent was given; determine eligibility for a disaster food stamp appears and inserting ‘‘benefit’’; ‘‘(II) include effective safeguards against im- program under this subsection.’’. (C) in subsection (c) by striking ‘‘coupons’’ personation, identity theft, or invasions of pri- (e) DISALLOWANCE OF FUNDS.—No funds shall each place it appears and inserting ‘‘benefits’’; vacy; be available under any appropriations act for (D) in subsection (d) by striking ‘‘Coupons’’ ‘‘(III) not deny or interfere with the right of implementing or continuing any contract that and inserting ‘‘Benefits’’; the household to apply in writing; does not comply with section 11(e)(6)(B) of the (E) in subsections (e) and (f) by striking ‘‘cou- ‘‘(IV) promptly send the household member a pon’’ each place it appears and inserting ‘‘ben- Food Stamp Act of 1977 (7 U.S.C. 2020(e)(6)(B)) written copy of the application, with instruc- as amended by subsection (a) nor for any costs efit’’; and tions on a simple procedure for correcting any (F) in subsection (g) by striking ‘‘coupon, au- associated with the termination or full or partial errors or omissions; thorization cards or access devices’’ and insert- abrogation of such contract. ‘‘(V) comply with paragraph (1)(B); ing ‘‘benefits’’; and (f) TRANSITION PERIOD.—Subsection (e) shall (12) Section 16(a) of the Food Stamp Act of ‘‘(VI) satisfy all requirements for a signature not apply to the costs of implementing, con- 1977 (7 U.S.C. 2025(a)) is amended by striking on an application under this Act and other laws tinuing, or renegotiating any contract con- ‘‘coupons’’ each place it appears and inserting applicable to the Secure Supplemental Nutrition cluded before January 1, 2007, (but shall apply ‘‘benefits’’. Assistance Program, with the date on which the to any costs associated with the termination or (13) Section 17 of the Food Stamp Act of 1977 household member provides verbal assent effec- full or partial abrogation of such contract) until (7 U.S.C. 2026) is amended— tive as the date of application for all purposes; the first day of the first month beginning at (A) in subsection (a)(2) by striking ‘‘coupon’’ and least 120 days after the date of enactment of this and inserting ‘‘benefit’’; ‘‘(VII) comply with such other standards as Act. (B) in subsection (b)(1)— the Secretary may establish.’’. SEC. 4009. GRANTS FOR SIMPLE APPLICATION (i) in subparagraph (B)(v)— SEC. 4008. REVIEW OF MAJOR CHANGES IN PRO- AND ELIGIBILITY DETERMINATION (I) by striking ‘‘countersigned food coupons or GRAM DESIGN. SYSTEMS AND IMPROVED ACCESS TO similar’’; and (a) PROHIBITION.—Section 11(e)(6) of the Food BENEFITS. (II) by striking ‘‘food coupons’’ and inserting Stamp Act of 1977 (7 U.S.C. 2020(e)(6)) is amend- Section 11(t)(1) of the Food Stamp Act of 1977 ‘‘EBT cards’’; and ed— (7 U.S.C. 2020(t)(1)) is amended by striking (ii) in subparagraph (C)(i)(I) by striking ‘‘cou- (1) in subparagraph (A) by striking ‘‘and’’ at ‘‘2007’’ and inserting ‘‘2012’’. pons’’ and inserting ‘‘EBT cards’’; and the end; SEC. 4010. CIVIL MONEY PENALTIES AND DIS- (C) in subsection (j) by striking ‘‘coupon’’ and (2) by striking subparagraph (B) and inserting QUALIFICATION OF RETAIL FOOD STORES AND WHOLESALE FOOD inserting ‘‘benefit’’. the following: (14) Section 21 of the Food Stamp Act of 1977 CONCERNS. ‘‘(B) except as provided in section 5(h)(4), Section 12 of the Food Stamp Act of 1977 (7 (7 U.S.C. 2030) is amended— only State employees employed in accordance (A) in subsection (d)(3)— U.S.C. 2021) is amended— with the current standards for a Merit System of (i) by striking ‘‘food coupons’’ and inserting (1) by striking the section heading and all Personnel Administration, or any standards ‘‘benefits’’; and that follows through ‘‘(a) Any approved’’, and (ii) by striking ‘‘food stamp benefits’’ and in- later prescribed by the Office of Personnel Man- inserting the following: serting ‘‘benefits’’. agement pursuant to section 208 of the Intergov- ‘‘SEC. 12. CIVIL MONEY PENALTIES AND DIS- (15) Section 22 of the Food Stamp Act of 1977 ernmental Personnel Act of 1970 (42 U.S.C. 4728) QUALIFICATION OF RETAIL FOOD (7 U.S.C. 2031) is amended— modifying or superseding such standards relat- STORES AND WHOLESALE FOOD (A) by striking ‘‘food coupons’’ each place it ing to the establishment and maintenance of CONCERNS. appears and inserting ‘‘benefits’’; personnel standards on a merit basis, shall un- ‘‘(a) DISQUALIFICATION.— (B) by striking ‘‘coupons’’ each place it ap- dertake such certifications and shall— ‘‘(1) IN GENERAL.—An approved’’; pears and inserting ‘‘benefits’’; and ‘‘(i) represent the State agency in any official (2) in subsection (a)— (C) in subsection (g)(1)(A) by striking ‘‘cou- communications with a prospective applicant, (A) in the 1st sentence by striking ‘‘$10,000 for pon’’ and inserting ‘‘benefit’’. applicant, or recipient household regarding each violation’’ and all that follows through the (c) REFERENCES IN OTHER LAWS, DOCUMENTS, their application or participation, except that a period at the end, and inserting ‘‘$100,000 for AND RECORDS OF THE UNITED STATES.—In any nonprofit organization may assist a household each violation.’’; and law (excluding the Food Stamp Act of 1977), reg- under paragraph (1) through activities allow- (B) in the 2d sentence— (i) by striking ‘‘Regulations’’ and inserting ulation, rule, document, or record of the United able under section 16(a)(4); the following: States, a reference to ‘‘coupon’’, ‘‘authorization ‘‘(ii) participate in making any determinations ‘‘(2) REGULATIONS.—Regulations’’; card’’, or ‘‘other access device’’ as used in the relating to a household’s substantive or proce- (ii) by striking ‘‘violation and’’ and inserting Food Stamp Act of 1977 as in effect before the dural compliance with the requirements of this ‘‘violation of’’; date of the enactment of this Act shall be Act or implementing regulations, including the (iii) by inserting a comma after ‘‘disqualifica- deemed to be a reference to ‘‘benefit’’ as defined adequacy of the household’s application or of tion of’’; and in such Act as in effect after the date of the en- verification of other information the household (iv) by striking ‘‘a retail store’’ and inserting actment of this Act. has submitted in support of that application; or ‘‘and the assessment of a civil money penalty SEC. 4006. ALLOW FOR THE ACCRUAL OF BENE- ‘‘(iii) participate in making any other deter- against, a retail store’’; FITS. minations required under this subsection; (3) in subsection (b)— Section 7(i) of the Food Stamp Act of 1977 (7 except that nothing in this subparagraph shall (A) by striking ‘‘(b) Disqualification’’ and all U.S.C. 2016(i)) is amended by adding at the end prevent a State agency from contracting for that follows through ‘‘shall be—’’, and inserting the following: automated systems, issuance services or program the following:

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‘‘(b) PERIOD OF DISQUALIFICATION.—Subject ‘‘(I) whether the State agency over issued ben- (3) State programs are currently implementing to subsection (c), a disqualification shall be—’’; efits to a substantial number of households as a such nutrition education using effective strate- (B) in paragraph (1) by striking ‘‘of no less result of a systemic error in the applicable fiscal gies, including direct education, group activi- than six months nor more than five years’’ and year; and ties, and social marketing. inserting ‘‘not to exceed 5 years’’; ‘‘(II) as to the amount of the over issuance in (b) SUPPORT NUTRITION EDUCATION.—The Sec- (C) in paragraph (2) by striking ‘‘of no less the applicable fiscal year for which the State retary of Agriculture should support and en- than twelve months nor more than ten years’’ agency is liable. courage the most effective interventions for nu- and inserting ‘‘not to exceed 10 years.’’; ‘‘(iii) ESTABLISHING A CLAIM.—Upon deter- trition education under the Food Stamp Act of (D) in paragraph (3)— mining under clause (ii) that a State agency has 1977, including public health approaches as well (i) in subparagraph (B)— over issued benefits to households due to a as traditional education, to increase the likeli- (I) by striking ‘‘coupons or trafficking in cou- major systemic error determined under subpara- hood that recipients of Secure Supplemental Nu- pons or authorization cards’’ each place it ap- graph (A), the Secretary shall establish a claim trition Assistance benefits and those who are pears, and inserting ‘‘program access devices or against the State agency equal to the value of potentially eligible for such benefits will choose benefit instruments or trafficking in program ac- the over issuance caused by the systemic error. diets and physical activity practices consistent cess devices or benefit instruments’’; and ‘‘(iv) ADMINISTRATIVE AND JUDICIAL REVIEW.— with the Dietary Guidelines for Americans. To (II) by inserting ‘‘or a finding of the unau- Administrative and judicial review, as provided promote the most effective implementation of thorized redemption, use, transfer, acquisition, in section 14, shall apply to the final determina- publicly funded programs, State nutrition edu- alteration, or possession of benefits or access de- tions by the Secretary under clause (ii). cation activities under the Food Stamp Act of vices’’ after ‘‘concern’’ the 1st place it appears; ‘‘(v) REMISSION TO THE SECRETARY.— 1977 should be coordinated with other federally (4) in paragraph (3)(C) by striking ‘‘and’’ at ‘‘(I) DETERMINATION NOT APPEALED.—If the funded food assistance and public health pro- the end; determination of the Secretary under clause (ii) grams and should leverage public/private part- (5) in subsection (c)— is not appealed, the State agency shall, as soon nerships to maximize resources and impact. (A) by striking ‘‘(c) The action’’ and inserting as practicable, remit to the Secretary the dollar SEC. 4016. NUTRITION EDUCATION AND PRO- the following: amount specified in the claim under clause (iii). MOTION INITIATIVE TO ADDRESS ‘‘(c) TREATMENT OF DISQUALIFICATION AND ‘‘(II) DETERMINATION APPEALED.—If the deter- OBESITY. PENALTY DETERMINATIONS.— mination of the Secretary under clause (ii) is Section 17 of the Food Stamp Act of 1977 (7 ‘‘(1) REVIEW.—The action’’; and appealed, upon completion of administrative U.S.C. 2026) is amended by adding at the end (B) by striking ‘‘coupons’’ and inserting ‘‘ben- and judicial review under clause (iv), and a the following: efits’’; finding of liability on the part of the State, the ‘‘(k) NUTRITION EDUCATION AND PROMOTION (6) in subsection (d) by striking ‘‘coupons’’ in appealing State agency shall, as soon as prac- INITIATIVE TO ADDRESS OBESITY.— each place it appears and inserting ‘‘benefits’’; ticable, remit to the Secretary a dollar amount ‘‘(1) IN GENERAL.—The Secretary shall estab- (7) in subsection (f) by striking ‘‘food cou- subject to the finding of the administrative and lish a demonstration program, to be known as pons’’ and inserting ‘‘benefits’’; judicial review. the ‘Initiative to Address Obesity Among Low- (8) by redesignating subsection (c) through (g) ‘‘(vi) ALTERNATIVE METHOD OF COLLECTION.— Income Americans’ (referred to in this sub- as subsection (d) through (h), respectively; ‘‘(I) IN GENERAL.—If a State agency fails to section as the ‘Initiative’), to develop and imple- (9) inserting after subsection (b) the following: make a payment under clause (v) within a rea- ment solutions to reduce obesity in the United ‘‘(c) In addition to a disqualification under sonable period of time, as determined by the Sec- States. subsection (b), the Secretary may assess a civil retary, the Secretary may reduce any amount ‘‘(A) SELECTION.—The Secretary shall solicit monetary penalty of up to $100,000;’’; and due to the State agency under any other provi- and competitively select demonstration pro- (10) by adding at the end: sion of this Act by the amount due. posals for strategies to address obesity among ‘‘(II) ACCRUAL OF INTEREST.—During the pe- ‘‘(i) The Secretary shall, in consultation with low-income Americans. riod of time determined by the Secretary to be the Inspector General of the Department of Ag- ‘‘(B) EVALUATION.—The effectiveness of these reasonable under subclause (I), interest in the riculture, provide for procedures by which the strategies shall be rigorously evaluated to assess amount owed shall not accrue. processing of benefit redemptions for certain re- the impact on overweight and obesity among ‘‘(vii) LIMITATION.—Any liability amount es- tail food stores and wholesale food concerns low-income persons. tablished under section 16(c)(1)(C) shall be re- may be immediately suspended pending adminis- ‘‘(C) DISSEMINATION.—Evaluation results duced by the amount of the claim established trative action to disqualify such a store or con- shall be shared broadly to inform policy makers, under this subparagraph.’’. cern. Under the procedures prescribed pursuant service providers, other partners, and the public to this subsection, if the Secretary, in consulta- SEC. 4012. FUNDING OF EMPLOYMENT AND in order to promote wide use of successful strat- TRAINING PROGRAMS. tion with the Inspector General, determines that egies. Section 16(h)(1) of the Food Stamp Act of 1977 a retail food store or wholesale food concern is ‘‘(2) GRANTS.— (7 U.S.C. 2025(h)(1)) is amended— engaged in flagrant violations of this Act or the ‘‘(A) IN GENERAL.—In carrying out the Initia- (1) in subparagraph (A)(vii) by striking ‘‘fiscal regulations issued pursuant to this Act, unset- tive, the Secretary may enter into competitively years 2002 through 2007’’ and inserting ‘‘fiscal tled benefits that have been redeemed by the re- awarded contracts or cooperative agreements years 2008 through 2012’’; and with, or grants to, public or private organiza- tail food store or wholesale food concern may be (2) in subparagraph (E)(i) by striking ‘‘fiscal suspended and, if the suspension is upheld, sub- tions or agencies as defined by the Secretary, for years 2002 through 2007’’ and inserting ‘‘fiscal use in accordance with projects that meet the ject to forfeiture pursuant to section 12(g). If the years 2008 through 2012’’. disqualification action not upheld, suspended strategy goals of the Initiative. SEC. 4013. REDUCTIONS IN PAYMENTS FOR AD- ‘‘(B) APPLICATION.—To be eligible to receive a funds held by the Secretary shall be released to MINISTRATIVE COSTS. contract, cooperative agreement, or grant under such store or such concern. The Secretary shall Section 16(k)(3) of the Food Stamp Act of 1977 this paragraph, an organization shall submit to not be liable for the value of any interest on (7 U.S.C. 2025(k)(3)) is amended— the Secretary an application at such time, in funds suspended under this subsection.’’. (1) in subparagraph (A) by striking ‘‘2007’’ such manner, and containing such information SEC. 4011. MAJOR SYSTEMS FAILURES. and inserting ‘‘2012’’; and as the Secretary may require. Section 13(b) of the Food Stamp Act of 1977 (7 (2) in subparagraph (B)(ii) by striking ‘‘2007’’ ‘‘(C) SELECTION CRITERIA.—Demonstration U.S.C. 2022(b)) is amended by adding at the end and inserting ‘‘2012’’. proposals shall be evaluated against publicly the following: SEC. 4014. CASH PAYMENT PILOT PROJECTS. disseminated criteria that include— ‘‘(5) OVER ISSUANCES CAUSED BY SYSTEMIC Section 17(b)(1)(B)(vi) of the Food Stamp Act ‘‘(i) identification of a low-income target au- STATE ERRORS.— of 1977 (7 U.S.C. 2026(b)(1)(B)(vi)) is amended by dience that corresponds to individuals living in ‘‘(A) IN GENERAL.—If the Secretary determines striking ‘‘2007’’ and inserting ‘‘2012’’. households with incomes at or below 185 percent that a State agency over issued benefits to a SEC. 4015. FINDINGS OF CONGRESS REGARDING of the poverty level; substantial number of households in a fiscal SECURE SUPPLEMENTAL NUTRITION ‘‘(ii) incorporation of a scientifically-based year as a result of a major systemic error by the ASSISTANCE PROGRAM NUTRITION strategy that is designed to improve diet quality State agency, as determined by the Secretary, EDUCATION. through more healthful food purchases, prepa- the Secretary may prohibit the State agency (a) FINDINGS.—The Congress finds the fol- ration, or consumption; from collecting these over issuances from some lowing: ‘‘(iii) a commitment to a demonstration plan or all households. (1) Nutrition education under the Food Stamp that allows for a rigorous outcome evaluation, ‘‘(B) PROCEDURES.— Act of 1977 plays an essential role in improving including data collection; and ‘‘(i) INFORMATION REPORTING BY STATES.— the dietary and physical activity practices of ‘‘(iv) other criteria, as determined by the Sec- Every State agency shall provide to the Sec- low income Americans, helping to reduce food retary. retary all information requested by the Sec- insecurity, prevent obesity, and reduce the risks ‘‘(D) USE OF FUNDS.— retary concerning the issuance of benefits to of chronic disease. ‘‘(i) PROHIBITION.—Funds shall not be used households by the State agency in the applica- (2) Expert bodies, such as the Institute of for projects that limit the use of benefits. ble fiscal year. Medicine, indicate that dietary and physical ac- ‘‘(ii) MONITORING AND EVALUATION.—The Sec- ‘‘(ii) FINAL DETERMINATION.—After reviewing tivity behavior change is more likely to result retary may use funds provided for the Initiative relevant information provided by a State agen- from the combined application of public health to pay costs associated with monitoring, evalua- cy, the Secretary shall make a final determina- approaches and education than from individual tion, and dissemination of the Initiative’s find- tion— education alone. ings.

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‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(D) technical assistance for youth, socially Subtitle C—Child Nutrition and Related There is authorized to be appropriated to carry disadvantaged individuals, and limited resource Programs out this subsection $10,000,000 for each of the groups.’’ SEC. 4301. PURCHASE OF FRESH FRUITS AND fiscal years 2008 through 2012, except that no (c) MATCHING FUND REQUIREMENTS.—Sub- VEGETABLES FOR DISTRIBUTION TO new grants may be made under this subsection section (d)(1) of section 25 of the Food Stamp SCHOOLS AND SERVICE INSTITU- after September 30, 2012.’’. Act of 1977 (7 U.S.C. 2034), as so redesignated by TIONS. SEC. 4017. AUTHORIZATION OF APPROPRIATIONS. subsection (a) of this section, is amended by Section 10603 of the Farm Security and Rural Section 18(a)(1) of the Food Stamp Act of 1977 striking ‘‘50’’ and inserting ‘‘75’’. Investment Act of 2002 (7 U.S.C. 612c–4) is (7 U.S.C. 2027(a)(1)) is amended by striking (d) TERM OF GRANT.—Subsection (e)(2) of sec- amended by striking subsection (b) and inserting ‘‘2003 through 2007’’ and inserting ‘‘2008 tion 25 of the Food Stamp Act of 1977 (7 U.S.C. the following new subsection: through 2012’’. 2034(e)(2)), as so redesignated by subsection (a) ‘‘(b) PURCHASE OF FRESH FRUITS AND VEGETA- SEC. 4018. CONSOLIDATED BLOCK GRANTS FOR of this section, is amended by striking ‘‘3’’ and BLES FOR DISTRIBUTION TO SCHOOLS AND SERV- PUERTO RICO AND AMERICAN inserting ‘‘5’’. ICE INSTITUTIONS.— SAMOA. (e) FUNDING FOR INNOVATIVE PROGRAMS.— ‘‘(1) PURCHASE AUTHORITY.—The Secretary of Section 19(a)(2)(A)(ii) of the Food Stamp Act Subsection (h)(4) of section 25 of the Food Agriculture shall purchase fresh fruits and of 1977 (7 U.S.C. 2028(a)(2)(A)(ii)) is amended in Stamp Act of 1977 (7 U.S.C. 2034), as so redesig- vegetables for distribution to schools and service subparagraph (A)(ii) by striking ‘‘2007’’ and in- nated by subsection (a) of this section, is institutions in accordance with section 6(a) of serting ‘‘2012’’. amended— the Richard B. Russell National School Lunch SEC. 4019. STUDY ON COMPARABLE ACCESS TO (1) by striking ‘‘fiscal years 2003 though 2007’’ Act (42 U.S.C. 1755(a)), using, of the amount SECURE SUPPLEMENTAL NUTRITION and inserting ‘‘fiscal years 2008 through 2012’’; specified in subsection (a)— ASSISTANCE PROGRAM BENEFITS and ‘‘(A) not less than $50,000,000 for each of fiscal FOR PUERTO RICO. (2) by striking ‘‘200,000’’ and inserting years 2008 and 2009; and Section 19 of the Food Stamp Act of 1977 (7 ‘‘$500,000’’. ‘‘(B) not less than $75,000,000 for each of fiscal U.S.C. 2028) is amended by adding at the end SEC. 4021. EMERGENCY FOOD ASSISTANCE. years 2010 through 2012. the following: Section 27(a) of the Food Stamp Act of 1977 (7 ‘‘(2) SERVICING AGENCY.—The Secretary of Ag- ‘‘(e) STUDY.—The Secretary shall conduct a U.S.C. 2036(a)) is amended by striking ‘‘2007’’ riculture may provide for the Secretary of De- study of the feasibility and effects of including and inserting ‘‘2012’’. fense to serve as the servicing agency for the the Commonwealth of Puerto Rico under section procurement of the fresh fruits and vegetables 3(m), in lieu of providing the block grant under Subtitle B—Commodity Distribution under this subsection on the same terms and this section. The study shall include— SEC. 4201. AUTHORIZATION OF APPROPRIATIONS. conditions as provided in the memorandum of ‘‘(1) an assessment of the administrative, fi- Section 204(a)(1) of the Emergency Food As- agreement entered into between the Agricultural nancial management, and other changes that sistance Act of 1983 (7 U.S.C. 7508(a)(1)) is Marketing Service, the Food and Consumer would be required by the Commonwealth to es- amended by striking ‘‘$60,000,000 for each of the Service, and the Defense Personnel Support tablish a comparable Secure Supplemental Nu- fiscal years 2003 through 2007’’ and inserting Center during August 1995 (or any successor trition Assistance Program; ‘‘$100,000,000 for each of the fiscal years 2008 memorandum of agreement).’’. ‘‘(2) a discussion of the appropriate program through 2012’’. SEC. 4302. BUY AMERICAN REQUIREMENTS. rules under the other sections of the Act, such SEC. 4202. DISTRIBUTION OF SURPLUS COMMOD- (a) FINDINGS.—The Congress finds the fol- as benefit levels under section 3(o), income eligi- ITIES; SPECIAL NUTRITION lowing: bility standards under sections 5 and 6, and de- PROJECTS. (1) Federal law requires that commodities and duction levels under section 5(e), for the Com- Section 1114(a)(2)(A) of the Agriculture and products purchased with Federal funds be, to monwealth to establish a comparable Secure Food Act of 1981 (7 U.S.C. 1431e(a)(2)(A)) is the extent practicable, of domestic origin. Supplemental Nutrition Assistance Program; amended by striking ‘‘2007’’ and inserting (2) Federal Buy American statutory require- ‘‘(3) an estimate of the impact on Federal and ‘‘2012’’. ments seek to ensure that purchases made with Commonwealth benefit and administrative costs; SEC. 4203. COMMODITY DISTRIBUTION PROGRAM. Federal funds benefit domestic producers. ‘‘(4) an estimate of the impact of the Secure (a) COMMODITY DISTRIBUTION PROGRAM.— (3) The Richard B. Russell National School Supplemental Nutrition Assistance Program on Section 4 of the Agriculture and Consumer Pro- Lunch Act requires the use of domestic food hunger and food insecurity among low-income tection Act of 1973 (7 U.S.C. 612c note) is amend- products for all meals served under the program, Puerto Ricans, and including foods products purchased with local ‘‘(5) such other findings as the Secretary ed by striking ‘‘2007’’ and inserting ‘‘2012’’. funds. deems appropriate.’’. (b) COMMODITY SUPPLEMENTAL FOOD PRO- GRAM.—Section 5 of the Agriculture and Con- (b) BUY AMERICAN STATUTORY REQUIRE- SEC. 4020. REAUTHORIZATION OF COMMUNITY sumer Protection Act (7 U.S.C. 612c note) is MENTS.—The Department of Agriculture should FOOD PROJECT COMPETITIVE undertake training, guidance, and enforcement GRANTS. amended— of the various current Buy American statutory (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- (1) in subsection (a)— requirements and regulations, including those of tion 25 of the Food Stamp Act of 1977 (U.S.C. (A) in paragraph (1) by striking ‘‘fiscal years the National School Lunch Act and the DOD 2034) is amended— 2003 through 2007’’ and inserting ‘‘for fiscal (1) in subsections (c), (d), (e)(1), and (f)(1) by year 2008 and each fiscal year thereafter’’; and Fresh program. striking ‘‘subsection (b)’’ each place it appears (B) in paragraph (2)(B)— SEC. 4303. EXPANSION OF FRESH FRUIT AND VEG- and inserting ‘‘subsection (g)’’; (i) in the heading by striking in ‘‘2007’’ and in- ETABLE PROGRAM. (2) by striking subsection (b); serting ‘‘2012’’; and Section 18 of the Richard B. Russell National (3) by redesignating subsections (c) through (ii) by striking ‘‘2007’’ and inserting ‘‘2012’’; School Lunch Act (42 U.S.C. 1769) is amended in (g) as subsections (b) through (f), respectively; (2) in subsection (d)(2) by inserting ‘‘, and for subsection (g)— and each fiscal year thereafter,’’ after ‘‘2007’’; (1) in paragraph (1)— (4) by inserting after paragraph (f) the fol- (3) by amending subsection (g) to read as fol- (A) in the matter preceding subparagraph (A), lowing: lows: by striking ‘‘July 2004’’ and inserting ‘‘July ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(g) USE OF RESOURCES.—Each local agency 2007’’; and There is authorized to be appropriated to the shall use funds made available to the agency to (B) in paragraph (1) by amending subpara- Secretary to make grants available to assist eli- provide assistance under the program to low-in- graphs (A) and (B) to read as follows: gible private nonprofit entities to establish and come elderly individuals, women, infants, and ‘‘(A) 35 elementary or secondary schools in carry out community food projects $30,000,000 children in need for food assistance in accord- each State; for each of the fiscal years 2008 through 2012.’’. ance with such regulations as the Secretary may ‘‘(B) additional elementary or secondary (b) PREFERENCES FOR CERTAIN PROJECTS.— prescribe.’’; schools in each State in proportion to the stu- Subsection (c) of section 25 of the Food Stamp (4) in paragraphs (2) and (3) of subsection (h) dent population of the State; and’’; Act of 1977 (7 U.S.C. 2034), as so redesignated by by inserting ‘‘elderly individuals,’’ before ‘‘preg- (2) in paragraph (3)(A) by striking ‘‘para- subsection (a) of this section, is amended— nant’’; and graph (1)(B)’’ and inserting ‘‘paragraph (1)’’; (1) in paragraph (3) by striking ‘‘or’’ at the (5) by adding at the end the following: (3) in paragraph (5) in each of subparagraphs end; ‘‘(m) INCOME ELIGIBILITY STANDARDS.—The (A) and (B), by striking ‘‘2008’’ and inserting (2) in paragraph (4) by striking the period at Secretary shall establish maximum income eligi- ‘‘2012’’; and the end and inserting ‘‘; or’’; and bility standards to be used in conjunction with (4) in paragraph (6)(B)— (3) by adding at the end the following: such other risk criteria as may be appropriate in (A) in clause (i)— ‘‘(5) serve special needs in areas of— determining eligibility for the program. Such in- (i) by striking ‘‘October 1, 2004, and on each ‘‘(A) transportation and processing for ex- come standards shall be the same for all preg- October 1 thereafter,’’ and inserting ‘‘October 1, panding institutional and emergency food serv- nant, postpartum, and breastfeeding women, for 2007, and on each October 1 thereafter,’’; and ice demand for local food; infants, for children, and for elderly individuals (ii) by striking ‘‘$9,000,000’’ and inserting ‘‘(B) retail access to healthy foods in under- qualifying for the program, and shall not exceed ‘‘$70,000,000’’; and served markets; the maximum income limit prescribed under sec- (B) by adding at the end the following: ‘‘(C) integration of urban and metro-area food tion 17(d)(2)(A)(i) of the Child Nutrition Action ‘‘(iii) ADMINISTRATIVE EXPENSES.—For fiscal production in food projects; and of 1966 (42 U.S.C. 1786(d)(2)(A)(i)).’’. year 2009 and each fiscal year thereafter, of the

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00160 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.010 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8997 amount available to carry out this subsection, ‘‘SEC. 4404. BILL EMERSON NATIONAL HUNGER gressional Hunger Center shall agree to submit the Secretary may reserve not more than 1 per- FELLOWS AND MICKEY LELAND to Congress each year the results of an inde- cent of that amount for administrative expenses INTERNATIONAL HUNGER FELLOWS. pendent financial audit that demonstrates that in carrying out this subsection. ‘‘(a) SHORT TITLE.—This section may be cited the Congressional Hunger Center uses account- ‘‘(iv) STATE ADMINISTRATIVE COSTS.—For fis- as the ‘Bill Emerson National Hunger Fellows ing procedures that conform to generally accept- cal year 2009 and each fiscal year thereafter, of and Mickey Leland International Hunger Fel- ed accounting principles and auditing proce- the amount received by a State to carry out this lows Program Act of 2007’. dures that conform to chapter 75 of title 31, subsection, the State may use not more than 5 ‘‘(b) FINDINGS.—The Congress finds as fol- United States Code (commonly known as the percent of that amount for administrative ex- lows: ‘Single Audit Act of 1984’). ‘‘(1) There is a critical need for compassionate penses in carrying out this subsection. To be eli- ‘‘(e) FELLOWSHIPS.— gible to use such funds for such expenses, the individuals who are committed to assisting peo- ‘‘(1) IN GENERAL.—The Administrator shall State must submit to the Secretary a plan indi- ple who suffer from hunger to initiate and ad- make available Bill Emerson Hunger Fellow- cating how the State intends to use such funds. minister solutions to the hunger problem. ships and Mickey Leland Hunger Fellowships in ‘‘(2) Bill Emerson, the distinguished late Rep- ‘‘(v) FEDERAL REQUIREMENTS.—The Secretary accordance with this subsection. shall establish requirements to be followed by resentative from the 8th District of Missouri, ‘‘(2) CURRICULUM.— States in administering this subsection. The ini- demonstrated his commitment to solving the ‘‘(A) IN GENERAL.—The fellowship programs tial set of requirements shall be established not problem of hunger in a bipartisan manner, his shall provide experience and training to develop later than 1 year after the date of the enactment commitment to public service, and his great af- the skills necessary to train fellows to carry out of this clause.’’. fection for the institution and ideals of the Con- the purposes described in subsection (d)(1), in- gress of the United States. cluding— SEC. 4304. PURCHASES OF LOCALLY PRODUCED ‘‘(3) George T. (Mickey) Leland, the distin- FOODS. ‘‘(i) training in direct service programs for the guished late Representative from the 18th Dis- Section 9(j) of the Richard B. Russell National hungry and other anti-hunger programs in con- trict of Texas, demonstrated his compassion for School Lunch Act (42 U.S.C. 1758(j)) is amended junction with community-based organizations those in need, his high regard for public service, to read as follows: through a program of field placement; and and his lively exercise of political talents. ‘‘(j) PURCHASES OF LOCALLY PRODUCED ‘‘(ii) providing experience in policy develop- ‘‘(4) The special concern that Mr. Emerson ment through placement in a governmental enti- FOODS.—The Secretary shall— and Mr. Leland demonstrated during their lives ‘‘(1) encourage institutions receiving funds ty or nongovernmental, nonprofit, or private for the hungry and poor was an inspiration for under this Act and the Child Nutrition Act of sector organization. others to work toward the goals of equality and 1966 (42 U.S.C. 1771 et seq.) to purchase locally ‘‘(B) WORK PLAN.—To carry out subpara- justice for all. graph (A) and assist in the evaluation of the fel- produced foods, to the maximum extent prac- ‘‘(5) These two outstanding leaders main- ticable and appropriate; lowships under paragraph (6), the Adminis- tained a special bond of friendship regardless of trator shall, for each fellow, approve a work ‘‘(2) advise institutions participating in a pro- political affiliation and worked together to en- gram described in paragraph (1) of the policy plan that identifies the target objectives for the courage future leaders to recognize and provide fellow in the fellowship, including specific du- described in that paragraph and post informa- service to others, and therefore it is especially tion concerning the policy on the website main- ties and responsibilities relating to those objec- appropriate to honor the memory of Mr. Emer- tives. tained by the Secretary; and son and Mr. Leland by creating a fellowship ‘‘(3) allow institutions receiving funds under ‘‘(3) PERIOD OF FELLOWSHIP.— program to develop and train the future leaders ‘‘(A) EMERSON FELLOW.—A Bill Emerson Hun- this Act and the Child Nutrition Act of 1966 (42 of the United States to pursue careers in hu- ger Fellowship awarded under this subsection U.S.C. 1771 et seq.), including the Department of manitarian service. shall be for not more than 15 months. Defense Fresh Fruit and Vegetable Program, to ‘‘(c) DEFINITIONS.—In this section: ‘‘(B) LELAND FELLOW.—A Mickey Leland use a geographic preference for the procurement ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- Hunger Fellowship awarded under this sub- of locally produced foods.’’. trator’ means— section shall be for not more than 2 years. Subtitle D—Miscellaneous ‘‘(A) if the Secretary of Agriculture enters into ‘‘(4) SELECTION OF FELLOWS.— SEC. 4401. SENIORS FARMERS’ MARKET NUTRI- a contract described in subsection (d)(3), the ‘‘(A) IN GENERAL.—Fellowships shall be TION PROGRAM. head of the Congressional Hunger Center; or awarded pursuant to a nationwide competition (a) AMENDMENT.—Section 4402 of the Farm Se- ‘‘(B) if the Secretary does not enter into such established by the Administrator. curity and Rural Investment Act of 2002 (7 a contract, the Secretary. ‘‘(B) QUALIFICATIONS.—A successful program U.S.C. 3007) is amended— ‘‘(2) FELLOW.—The term ‘fellow’ means— applicant shall be an individual who has dem- (1) by amending subsection (a) to read as fol- ‘‘(A) a Bill Emerson Hunger Fellow; or onstrated— lows: ‘‘(B) a Mickey Leland Hunger Fellow ‘‘(i) an intent to pursue a career in humani- ‘‘(3) FELLOWSHIP PROGRAMS.—The term ‘Fel- ‘‘(a) AUTHORIZATION.— tarian service and outstanding potential for ‘‘(1) The Secretary of Agriculture shall use lowship Programs’ means the Bill Emerson Na- such a career; $15,000,000 for each of fiscal years 2008 through tional Hunger Fellowship Program and the ‘‘(ii) leadership potential or actual leadership 2012 of the funds available to the Commodity Mickey Leland International Hunger Fellow- experience; Credit Corporation to carry out and expand the ship Program established by subsection (d). ‘‘(iii) diverse life experience; ‘‘(d) FELLOWSHIP PROGRAM.—There is estab- seniors farmers’ market nutrition program. ‘‘(iv) proficient writing and speaking skills; lished in the Department of Agriculture the Bill ‘‘(2) There are authorized to be appropriated ‘‘(v) an ability to live in poor or diverse com- Emerson National Hunger Fellowship Program $20,000,000 for fiscal year 2008, $30,000,000 for munities; and and the Mickey Leland International Hunger fiscal year 2009, $45,000,000 for fiscal year 2010, ‘‘(vi) such other attributes as are considered Fellowship Program. $60,000,000 for fiscal year 2011, and $75,000,000 to be appropriate by the Administrator. ‘‘(1) PURPOSES.—The purposes of the Fellow- ‘‘(5) AMOUNT OF AWARD.— for fiscal year 2012 to carry out and expand the ship Programs are— ‘‘(A) IN GENERAL.—A fellow shall receive a liv- seniors farmers’ market nutrition program.’’; ‘‘(A) to encourage future leaders of the United ing allowance during the term of the Fellowship (2) in subsection (b)(1) by inserting ‘‘honey,’’ States to pursue careers in humanitarian and and, subject to subparagraph (B), an end-of- after ‘‘vegetables,’’; public service, to recognize the needs of low-in- service award. (3) by amending subsection (c) to read as fol- come people and hungry people, and to provide ‘‘(B) REQUIREMENT FOR SUCCESSFUL COMPLE- lows: assistance to people in need; and TION OF FELLOWSHIP.—Each fellow shall be enti- ‘‘(c) EXCLUSION OF BENEFITS IN DETERMINING ‘‘(B) to seek public policy solutions to the tled to receive an end-of-service award at an ap- ELIGIBILITY FOR OTHER PROGRAMS.—The value challenges of hunger and poverty, to provide propriate rate for each month of satisfactory of any benefit provided to any eligible seniors training and development opportunities for such service completed, as determined by the Admin- farmers’ market nutrition program recipient leaders through placement in programs operated istrator. under this section shall not be considered to be by appropriate organizations or entities. ‘‘(C) TERMS OF FELLOWSHIP.—A fellow shall income or resources for any purposes under any ‘‘(2) FOCUS OF PROGRAMS.— not be considered an employee of— Federal, State, or local law.’’; and ‘‘(A) FOCUS OF BILL EMERSON HUNGER FEL- ‘‘(i) the Department of Agriculture; (4) by adding at the end the following: LOWSHIP PROGRAM.—The Bill Emerson Hunger ‘‘(ii) the Congressional Hunger Center; or ‘‘(d) PROHIBITION ON COLLECTION OF SALES Fellowship Program shall address hunger and ‘‘(iii) a host agency in the field or policy TAX.—The State shall ensure that no State or poverty in the United States. placement of the fellow. local taxes are collected within the State on pur- ‘‘(B) FOCUS OF MICKEY LELAND HUNGER FEL- ‘‘(D) RECOGNITION OF FELLOWSHIP AWARD.— chases of food with coupons distributed under LOWSHIP PROGRAM.—The Mickey Leland Hunger ‘‘(i) EMERSON FELLOW.—An individual award- the seniors farmers’ market nutrition program. Fellowship Program shall address international ed a fellowship from the Bill Emerson Hunger ‘‘(e) REGULATIONS.—The Secretary may issue hunger and other humanitarian needs. Fellowship shall be known as an ‘Emerson Fel- such regulations as the Secretary considers nec- ‘‘(3) ADMINISTRATION.— low’. essary to carry out the seniors farmers’ market ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(ii) LELAND FELLOW.—An individual award- nutrition program.’’. (B), the Secretary shall offer to enter into a con- ed a fellowship from the Mickey Leland Hunger SEC. 4402. CONGRESSIONAL HUNGER CENTER. tract with the Congressional Hunger Center to Fellowship shall be known as a ‘Leland Fellow’. Section 4404 of the Farm Security and Rural administer the Fellowship Programs. ‘‘(6) EVALUATION.—The Administrator shall Investment Act of 2002 (7 U.S.C. 1621 note) is ‘‘(B) REQUIREMENT.—As a condition of a con- conduct periodic evaluations of the Fellowship amended to read as follows: tract described in subparagraph (A), the Con- Programs.

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‘‘(f) AUTHORITY.— Sec. 5034. Bank for cooperatives voting stock. ‘‘(1) LIMITATION ON AMOUNT OF GUARANTEE.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), in Sec. 5035. Majority farmer control requirement. The portion of a loan that the Secretary may carrying out this section, the Administrator may Sec. 5036. Borrower stock requirement. guarantee under this section shall be not less solicit, accept, use, and dispose of gifts, be- Sec. 5037. Rural utility loans. than 80 percent and not more than 90 percent of quests, or devises of services or property, both Sec. 5038. Farm Credit System Insurance Cor- the principal amount of the loan. real and personal, for the purpose of facilitating poration. ‘‘(2) LIMITATION ON TOTAL AMOUNT OUT- the work of the Fellowship Programs. Sec. 5039. Risk-based capital levels. STANDING.—The aggregate principal amount of ‘‘(2) LIMITATION.—Gifts, bequests, or devises Sec. 5040. Loans to purchasers of highly outstanding loans guaranteed by the Secretary of money and proceeds from sales of other prop- fractioned lands. under this section shall not exceed $1,000,000. erty received as gifts, bequests, or devises shall Subtitle A—Farm Ownership Loans ‘‘(e) LIMITATION ON AMOUNT OF INTEREST be used exclusively for the purposes of the Fel- SUBSIDY.—The interest subsidy which the Sec- SEC. 5001. CONSERVATION LOAN GUARANTEE retary may provide under this section with re- lowship Programs. PROGRAM. ‘‘(g) REPORT.—Each year, the Administrator spect to a loan shall result in a reduction of the Section 304 of the Consolidated Farm and shall submit to the Committee on Agriculture of interest rate agreed upon by the borrower and Rural Development Act (7 U.S.C. 1924) is amend- the House of Representatives and the Committee the lender (but to not less than zero) by— ed to read as follows: on Agriculture, Nutrition, and Forestry of the ‘‘(1) 500 basis points, if the principal amount Senate a report that describes the activities and ‘‘SEC. 304. CONSERVATION LOAN GUARANTEE of the loan is less than $100,000; expenditures of the Fellowship Programs during PROGRAM. ‘‘(2) 400 basis points, if the principal amount the preceding fiscal year. ‘‘(a) IN GENERAL.—The Secretary may provide of the loan is not less than $100,000 and is less ‘‘(h) FUNDING.—There is authorized to be ap- a loan guarantee, an interest subsidy, or both, than $500,000; and propriated to the Secretary to carry out this sec- to enable an eligible borrower to obtain a quali- ‘‘(3) 300 basis points, in any other case. tion $3,000,000 for each of the fiscal years 2008 fied conservation loan. ‘‘(f) ADMINISTRATIVE PROVISIONS.— through 2012.’’. ‘‘(b) PRIORITY.—In providing loan guarantees ‘‘(1) AUTHORITY TO COLLECT PROCESSING under this section, the Secretary shall give pri- SEC. 4403. JOINT NUTRITION MONITORING AND FEE.—The Secretary may assess a fee to cover RELATED RESEARCH ACTIVITIES. ority to— the cost of processing an application under this Subtitle D of title IV of the Farm Security and ‘‘(1) qualified beginning farmers or ranchers; section equal to not more than 1 percent of the ‘‘(2) socially disadvantaged farmers or ranch- Rural Investment Act of 2002 (Public Law 107– principal amount of the loan sought by the ap- ers (as defined in section 355(e)(2)); 171; 116 Stat. 333) is amended— plicant, as described in the application. (1) by redesignating section 4405 (2 U.S.C. 1161 ‘‘(3) owners or tenants who use the loans to ‘‘(2) APPROVAL OF APPLICATION.—The Sec- note; Public Law 107–171) as section 4406; and covert to sustainable or organic agricultural retary shall not approve an application sub- (2) by inserting after section 4404 the fol- production systems; and mitted pursuant to this section, unless the Sec- lowing: ‘‘(4) producers who use the loans to build con- retary has determined that— servation structures or establish conservation ‘‘(A) the loan sought by the applicant, as de- ‘‘SEC. 4405. JOINT NUTRITION MONITORING AND practices to comply with section 1212 of the RELATED RESEARCH ACTIVITIES. scribed in the application, would be a qualified Food Security Act of 1985. ‘‘The Secretary of Agriculture and the Sec- conservation loan; and ‘‘(c) DEFINITIONS.—In this section: retary of Health and Human Services shall con- ‘‘(B) the project for which the loan is sought ‘‘(1) ELIGIBLE BORROWER.—The term ‘eligible tinue to provide jointly for national nutrition is likely to result in a net benefit to the environ- borrower’ means a farmer, rancher, farm cooper- monitoring and related research activities car- ment. ative, private domestic corporation, partnership, ried out as of the date of enactment of this sec- ‘‘(3) EQUITABLE DISTRIBUTION OF LOAN GUAR- joint operation, trust, or limited liability com- tion— ANTEES AND INTEREST SUBSIDIES.—The Secretary pany, that is engaged primarily and directly in ‘‘(1) to collect continuous dietary, health, shall ensure that loan guarantees and interest agricultural production in the United States. physical activity, and diet and health knowl- subsidies under this section are equitably dis- ‘‘(2) QUALIFIED CONSERVATION LOAN.—The edge data on a nationally representative sample; tributed among agricultural producers according ‘‘(2) to periodically collect data on special at- term ‘qualified conservation loan’ means a loan to the scale of the operations. risk populations, as identified by the Secre- that meets the following requirements: ‘‘(g) RELATIONSHIP WITH OTHER CONSERVA- taries; ‘‘(A) PURPOSE.—The loan proceeds are re- TION PROGRAMS.—Neither the application for, ‘‘(3) to distribute information on health, nu- quired to be used to cover the costs to the bor- nor the receipt of, a loan guarantee or an inter- trition, the environment, and physical activity rower of carrying out a qualified conservation est subsidy under this section shall affect the to the public in a timely fashion; project. eligibility of the recipient for assistance under ‘‘(4) to analyze new data that becomes avail- ‘‘(B) PRINCIPAL AMOUNT.—The principal title XII of the Food Security Act of 1985 or the able; amount of the loan is not more than $1,000,000. Watershed Protection and Flood Prevention ‘‘(5) to continuously update food composition ‘‘(C) REPAYMENT PERIOD.—The loan repay- Act. tables; and ment period shall not exceed 10 years. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(6) to research and develop data collection ‘‘(D) LIMITED PROCESSING FEE.—The total of For each of fiscal years 2008 through 2012, there methods and standards.’’. all processing fees charged with respect to the are authorized to be appropriated to the Sec- loan does not exceed such amount as shall be retary such funds as are necessary to carry out TITLE V—CREDIT prescribed by the Secretary. this section.’’. Subtitle A—Farm Ownership Loans ‘‘(3) QUALIFIED CONSERVATION PROJECT.—The SEC. 5002. LIMITATIONS ON AMOUNT OF OWNER- Sec. 5001. Conservation loan guarantee pro- term ‘qualified conservation project’ means, SHIP LOANS. gram. with respect to an eligible borrower, conserva- Section 305 of the Consolidated Farm and Sec. 5002. Limitations on amount of ownership tion measures that address provisions of a con- Rural Development Act (7 U.S.C. 1925) is amend- loans. servation plan of the borrower. ed— Sec. 5003. Down payment loan program. ‘‘(4) CONSERVATION PLAN.—The term ‘con- (1) in subsection (a)(2), by striking ‘‘$200,000’’ Sec. 5004. Beginning farmer and rancher con- servation plan’ means a plan, approved by the and inserting ‘‘$300,000’’; and tract land sales program. Secretary, that, for a farming or ranching oper- (2) by redesignating subsections (b) and (c) as Subtitle B—Operating Loans ation, identifies the conservation activities that subsections (c) and (d), respectively, and insert- Sec. 5011. Limitations on amount of operating will be addressed with guaranteed loan funds ing after subsection (a) the following: loans. provided under this section, including— ‘‘(b) GRADUATION PLAN.—The Secretary shall Sec. 5012. Suspension of limitation on period for ‘‘(A) the installation of conservation struc- establish a plan, in coordination with activities which borrowers are eligible for tures; under sections 359, 360, 361, and 362, to encour- guaranteed assistance. ‘‘(B) the establishment of forest cover for sus- age each borrower with an outstanding loan tained yield timber management, erosion con- under this subtitle to graduate to private com- Subtitle C—Administrative Provisions trol, or shelter belt purposes; mercial or other sources of credit.’’. Sec. 5021. Inventory sales preferences. ‘‘(C) the installation of water conservation SEC. 5003. DOWN PAYMENT LOAN PROGRAM. Sec. 5022. Loan fund set-asides. measures; Section 310E of the Consolidated Farm and Sec. 5023. Transition to private commercial or ‘‘(D) the installation of waste management Rural Development Act (7 U.S.C. 1935) is amend- other sources of credit. systems; ed— Sec. 5024. Extension of the right of first refusal ‘‘(E) the establishment or improvement of per- (1) in subsection (a)(1), by striking ‘‘and to reacquire homestead property manent pasture; ranchers’’ and inserting ‘‘or ranchers and so- to immediate family members of ‘‘(F) compliance with section 1212 of the Food cially disadvantaged farmers or ranchers’’; borrower-owner. Security Act of 1985; (2) in subsection (b)— Sec. 5025. Rural development and farm loan ‘‘(G) other purposes consistent with the plan; (A) by striking paragraph (1) and inserting program activities. and the following; Subtitle D—Farm Credit ‘‘(H) any other emerging or existing conserva- ‘‘(1) PRINCIPAL.—Each loan made under this Sec. 5031. Agribusiness loan eligibility. tion practices, techniques, or technologies ap- section shall be in an amount that does not ex- Sec. 5032. Loan-to-asset value requirements. proved by the Secretary. ceed 45 percent of the least of— Sec. 5033. Population limit for single-family ‘‘(d) LIMITATIONS APPLICABLE TO LOAN GUAR- ‘‘(A) the purchase price of the farm or ranch housing loans. ANTEES.— to be acquired;

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00162 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.010 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H8999 ‘‘(B) the appraised value of the farm or ranch farmer or rancher to the down payment for the (iii) by inserting ‘‘or the socially disadvan- to be acquired; or farm or ranch that is the subject of the contract taged farmer or rancher’’ after ‘‘the beginning ‘‘(C) $500,000. land sale would be less than 5 percent of the farmer or rancher’’; ‘‘(2) INTEREST RATE.—The interest rate on any purchase price of the farm or ranch. (B) by redesignating clauses (ii) and (iii) as loan made by the Secretary under this section ‘‘(2) MAXIMUM PURCHASE PRICE.—The Sec- clauses (iii) and (iv), respectively; shall be a rate equal to the greater of— retary shall not provide a loan guarantee under (C) by inserting after clause (i) the following: ‘‘(A) the difference obtained by subtracting 4 subsection (a) if the purchase price or the ap- ‘‘(ii) PRIORITY TO BE GIVEN TO SOCIALLY DIS- percent from the interest rate for farm owner- praisal value of the farm or ranch that is the ADVANTAGED FARMERS AND RANCHERS.—In car- ship loans under this subtitle; or subject of the contract land sale is greater than rying out clause (i), the Secretary shall give pri- ‘‘(B) 1 percent.’’; and $500,000. ority to socially disadvantaged farmers and (B) in paragraph (3), by striking ‘‘15’’ and in- ‘‘(d) PERIOD OF GUARANTEE.—The period dur- ranchers.’’; and serting ‘‘20’’; ing which a loan guarantee under this section is (D) in clause (iii) (as so redesignated)— (3) in subsection (c)— in effect shall be the 10-year period beginning (i) in the matter preceding subclause (I), by (A) in paragraph (1), by striking ‘‘10’’ and in- with the date the guarantee is provided. inserting ‘‘or a socially disadvantaged farmer or serting ‘‘5’’; ‘‘(e) GUARANTEE PLAN.—A private seller of a rancher’’ after ‘‘or rancher’’; and (B) by striking paragraph (2) and redesig- farm or ranch who makes a loan that is guaran- (ii) in subclause (II), by inserting ‘‘or the so- nating paragraph (3) as paragraph (2); and teed by the Secretary under subsection (a) may cially disadvantaged farmer or rancher’’ after (C) in paragraph (2)(B) (as so redesignated), select— ‘‘or rancher’’; by striking ‘‘15-year’’ and inserting ‘‘20-year’’; ‘‘(1) a prompt payment guarantee plan, which (3) in paragraph (6)— and shall cover— (A) in subparagraph (A), by inserting ‘‘or a (4) in subsection (d)— ‘‘(A) 3 amortized annual installments; or socially disadvantaged farmer or rancher’’ after (A) in paragraph (3)— ‘‘(B) an amount equal to 3 annual install- ‘‘or rancher’’; and (i) by inserting ‘‘and socially disadvantaged ments (including an amount equal to the total (B) in subparagraph (C)— farmers and ranchers (as defined in section cost of any tax and insurance incurred during (i) in clause (i)(I), by inserting ‘‘and socially 355(e)(2))’’ after ‘‘ranchers’’; and the period covered by the annual installments); disadvantaged farmers and ranchers’’ after (ii) by striking ‘‘and’’ at the end; or ‘‘and ranchers’’; and (B) in paragraph (4), by striking ‘‘ranchers.’’ ‘‘(2) a standard guarantee plan, which shall (ii) in clause (ii), by inserting ‘‘or socially dis- and inserting ‘‘ranchers and socially disadvan- cover an amount equal to 90 percent of the out- advantaged farmers or ranchers’’ after ‘‘or taged farmers and ranchers (as defined in sec- standing principal of the loan.’’. ranchers’’; and tion 355(e)(2)); and’’; and Subtitle B—Operating Loans (4) by adding at the end the following: (C) by adding at the end the following: SEC. 5011. LIMITATIONS ON AMOUNT OF OPER- ‘‘(7) In this subsection, the term ‘socially dis- ‘‘(5) establish annual performance goals to ATING LOANS. advantaged farmer or rancher’ has the meaning promote the use of the down payment loan pro- Section 313(a)(1) of the Consolidated Farm given in section 355(e)(2).’’. gram and other joint financing participation and Rural Development Act (7 U.S.C. 1943(a)(1)) SEC. 5022. LOAN FUND SET-ASIDES. loans as the preferred choice for direct real es- is amended by striking ‘‘$200,000’’ and inserting Section 346(b)(2) of the Consolidated Farm tate loans made by any lender to a qualified be- ‘‘$300,000’’. and Rural Development Act (7 U.S.C. 1994(b)(2)) ginning farmer or rancher or socially disadvan- SEC. 5012. SUSPENSION OF LIMITATION ON PE- is amended— taged farmer or rancher (as so defined).’’. RIOD FOR WHICH BORROWERS ARE (1) in subparagraph (A)— SEC. 5004. BEGINNING FARMER AND RANCHER ELIGIBLE FOR GUARANTEED ASSIST- (A) in clause (i)— CONTRACT LAND SALES PROGRAM. ANCE. (i) in subclause (I), by striking ‘‘70 percent’’ Section 310F of the Consolidated Farm and Section 5102 of the Farm Security And Rural and inserting ‘‘not less than 75 percent of the Rural Development Act (7 U.S.C. 1936) is amend- Investment Act of 2002 (7 U.S.C. 1949 note; Pub- total amount made available under paragraph ed to read as follows: lic Law 107-171) is amended by striking ‘‘Sep- (1)’’; and ‘‘SEC. 310F. BEGINNING FARMER AND RANCHER tember 30, 2007’’ and inserting ‘‘January 1, (ii) in subclause (II)— AND SOCIALLY DISADVANTAGED 2008’’. (I) in the subclause heading, by inserting ‘‘; FARMER AND RANCHER CONTRACT Subtitle C—Administrative Provisions PARTICIPATION LOANS’’ after ‘‘PAYMENT LOANS’’; LAND SALES PROGRAM. SEC. 5021. INVENTORY SALES PREFERENCES. (II) by striking ‘‘60 percent’’ and inserting ‘‘(a) IN GENERAL.—The Secretary shall, in ac- ‘‘not less than 2⁄3 of the amount reserved under cordance with this section, guarantee a loan Section 335(c) of the Consolidated Farm and subclause (I)’’; and made by a private seller of a farm or ranch to Rural Development Act (7 U.S.C. 1985(c)) is (III) by inserting ‘‘and participation loans’’ a qualified beginning farmer or rancher or so- amended— (1) in paragraph (1)— after ‘‘section 310E’’; and cially disadvantaged farmer or rancher (as de- (A) in subparagraph (B)— (B) in clause (ii)(III), by striking ‘‘2003 fined in section 355(e)(2)) on a contract land (i) in the subparagraph heading, by inserting through 2007, 35 percent’’ and inserting ‘‘2008 sales basis. ‘‘; SOCIALLY DISADVANTAGED FARMER OR RANCH- through 2012, not less than 50 percent of the ‘‘(b) ELIGIBILITY.—In order to be eligible for a ER’’ after ‘‘OR RANCHER’’; total amount made available under paragraph loan guarantee under subsection (a)— (ii) in clause (i), by inserting ‘‘or a socially (1)’’; and ‘‘(1) the qualified beginning farmer or rancher disadvantaged farmer or rancher’’ after ‘‘or (2) in subparagraph (B)(i), by striking ‘‘25 or socially disadvantaged farmer or rancher rancher’’; percent’’ and inserting ‘‘not less than 40 percent shall— (iii) by redesignating clauses (ii) through (iv) ‘‘(A) on the date the contract land sale that is of the total amount made available under para- as clauses (iii) through (v), respectively; graph (1)’’. subject of the loan is complete, own or operate (iv) by inserting after clause (i) the following: the farm or ranch that is the subject of the con- SEC. 5023. TRANSITION TO PRIVATE COMMERCIAL ‘‘(ii) PRIORITY TO BE GIVEN TO SOCIALLY DIS- OR OTHER SOURCES OF CREDIT. tract land sale; ADVANTAGED FARMERS AND RANCHERS.—In car- ‘‘(B) have a credit history that— Subtitle D of the Consolidated Farm and rying out this subparagraph, the Secretary shall Rural Development Act (7 U.S.C. 1981–2008r) is ‘‘(i) includes a record of satisfactory debt re- give priority to socially disadvantaged farmers payment, as determined by the Secretary; and amended by inserting after section 344 the fol- and ranchers.’’; lowing: ‘‘(ii) is acceptable to the Secretary; and (v) in clause (iii) (as so redesignated)— ‘‘(C) demonstrate to the Secretary that the (I) by inserting ‘‘or socially disadvantaged ‘‘SEC. 345. TRANSITION TO PRIVATE COMMERCIAL OR OTHER SOURCES OF CREDIT. farmer or rancher, as the case may be, is unable farmer or rancher’’ after ‘‘or rancher’’; and to obtain sufficient credit without a guarantee (II) by inserting ‘‘, subject to clause (ii)’’ be- ‘‘(a) IN GENERAL.—In making or insuring a to finance any actual need of the farmer or fore the period; farm loan under subtitle A or B, the Secretary rancher, as the case may be at a reasonable rate (vi) in clause (iv) (as so redesignated), by in- shall establish a plan and promulgate regula- or term; serting ‘‘or a socially disadvantaged farmer or tions (including performance criteria) that pro- ‘‘(2) the loan shall meet applicable under- rancher’’ after ‘‘or rancher’’; and mote the goal of transitioning borrowers to pri- writing criteria, as determined by the Secretary; (vii) in clause (v) (as so redesignated), by in- vate commercial credit and other sources of and serting ‘‘and socially disadvantaged farmers credit in the shortest practicable period of time. ‘‘(3) to carry out the loan— and ranchers’’ after ‘‘and ranchers’’; and ‘‘(b) COORDINATION.—In carrying out this sec- ‘‘(A) a commercial lending institution shall (B) in subparagraph (C), by inserting ‘‘or a tion, the Secretary shall integrate and coordi- agree to serve as an escrow agent; or socially disadvantaged farmer or rancher’’ after nate the transition policy described in sub- ‘‘(B) the private seller, in cooperation with ‘‘or rancher’’; section (a) with— the farmer or rancher, shall use an appropriate (2) in paragraph (5)(B)— ‘‘(1) the borrower training program estab- alternate arrangement, as determined by the (A) in clause (i)— lished by section 359; Secretary. (i) in the clause heading, by inserting ‘‘; SO- ‘‘(2) the loan assessment process established ‘‘(c) LIMITATIONS.— CIALLY DISADVANTAGED FARMER OR RANCHER’’ by section 360; ‘‘(1) DOWN PAYMENT.—The Secretary shall not after ‘‘OR RANCHER’’; ‘‘(3) the supervised credit requirement estab- provide a loan guarantee under subsection (a) if (ii) by inserting ‘‘or a socially disadvantaged lished by section 361; the contribution of the qualified beginning farmer or rancher’’ after ‘‘a beginning farmer or ‘‘(4) the market placement program estab- farmer or rancher or socially disadvantaged rancher’’; and lished by section 362; and

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00163 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.010 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9000 CONGRESSIONAL RECORD — HOUSE July 30, 2007 ‘‘(5) other appropriate programs and authori- aquatic products, who are eligible under section 531(c) of this Act, is amended by adding at the ties, as determined by the Secretary.’’. 1.9(4) may be made for necessary capital struc- end the following: SEC. 5024. EXTENSION OF THE RIGHT OF FIRST tures and equipment and initial working capital ‘‘(F) Any association of farmers, or of pro- REFUSAL TO REACQUIRE HOME- for the activities only to the extent that the ac- ducers or harvesters of aquatic products, or any STEAD PROPERTY TO IMMEDIATE tivities are related to renewable energy.’’. federation of such associations, which has pro- FAMILY MEMBERS OF BORROWER- (b) SHORT- AND INTERMEDIATE-TERM LOANS.— ducer and investor classes of membership, but OWNER. Section 2.4(a) of such Act (12 U.S.C. 2075(a)) is only if— Section 352(c)(4)(B) of the Consolidated Farm amended— ‘‘(i) more than 50 percent of the voting control and Rural Development Act (7 U.S.C. (1) by striking ‘‘and’’ at the end of paragraph of the association is held by farmers, or pro- 2000(c)(4)(B)) is amended— (2); ducers or harvesters of aquatic products; and (1) in the 1st sentence, by striking ‘‘, the bor- (2) by striking the period at the end of para- ‘‘(ii) the producer class, if treated as a sepa- rower-owner’’ inserting ‘‘of a borrower-owner graph (3) and inserting ‘‘; and’’; and rate entity, operates on a cooperative basis.’’. who is a socially disadvantaged farmer or (3) by adding at the end the following: SEC. 5036. BORROWER STOCK REQUIREMENT. rancher (as defined in section 355(e)(2)), the bor- ‘‘(4) persons primarily engaged in processing, Section 4.3A(c)(1)(E)(i) of the Farm Credit Act rower-owner or a member of the immediate fam- preparing for market, handling, purchasing, of 1971 (12 U.S.C. 2154a(c)(1)(E)(i)) is amended ily of the borrower-owner’’; and testing, grading, distributing, or marketing farm by striking ‘‘not less than $1,000 or 2 percent of (2) in the 2nd sentence, by inserting ‘‘or imme- or aquatic products; or primarily engaged in the amount of the loan, whichever is less’’ and diate family member, as the case may be,’’ before furnishing farm or aquatic business services, or inserting ‘‘determined by the institution’’. ‘‘from’’. farm or aquatic supplies, including inputs such SEC. 5037. RURAL UTILITY LOANS. SEC. 5025. RURAL DEVELOPMENT AND FARM as feed or fertilizer, equipment, and other cap- Section 8.0(9) of the Farm Credit Act of 1971 LOAN PROGRAM ACTIVITIES. ital goods to farmers, ranchers, or producers or (12 U.S.C. 2279aa(9)) is amended— Subtitle D of the Consolidated Farm and harvesters of aquatic products, but only to the (1) by striking ‘‘or’’ at the end of subpara- Rural Development Act (7 U.S.C. 1981–2008r) is extent that the activities are related to renew- graph (A)(iii); amended by inserting after section 364 the fol- able energy, except that a direct loan may not (2) by striking the period at the end of sub- lowing: be made available under this subsection to a paragraph (B) and inserting ‘‘; or’’; and ‘‘SEC. 365. RURAL DEVELOPMENT AND FARM person eligible to borrow from a bank for co- (3) by adding at the end the following: LOAN PROGRAM ACTIVITIES. operatives under section 3.7 or 3.8 (without re- ‘‘(C) that is a loan or interest in a loan for ‘‘The Secretary may not complete a study of, gard to subsection (b)(1)(E) or (b)(1)(F) there- electric or telephone facilities by a cooperative or enter into a contract with a private party to of).’’. lender to a borrower who has received or is eligi- carry out, without specific authorization in a (c) BANKS FOR COOPERATIVES LOANS.—Section ble to receive a loan under the Rural Electrifica- subsequent Act of Congress, a competitive 3.8(b)(1) of such Act (12 U.S.C. 2129(b)(1)) is tion Act (7 U.S.C. 901 et seq.), except that— ‘‘(i) subsections (c) and (d) of section 8.6, and sourcing activity of the Secretary, including amended by adding at the end the following: sections 8.8 and 8.9 shall not apply to the loan support personnel of the Department of Agri- ‘‘(E) Persons primarily engaged in processing, or interest in the loan or to an obligation backed culture, relating to rural development or farm preparing for market, handling, purchasing, by a pool of obligations relating to the loan or loan programs.’’. testing, grading, distributing, or marketing farm or aquatic products, or primarily engaged in interest in the loan; and Subtitle D—Farm Credit furnishing farm or aquatic business services, or ‘‘(ii) the loan or interest in the loan shall be SEC. 5031. AGRIBUSINESS LOAN ELIGIBILITY. farm or aquatic supplies, including inputs such considered to meet all standards for qualified (a) LONG TERM LOANS.— as feed or fertilizer, equipment, and other cap- loans for all purposes under this Act, subject to (1) ELIGIBLE BORROWERS.—Section 1.9 of the ital goods to farmers, ranchers, or producers or reasonable underwriting, security appraisal, Farm Credit Act of 1971 (12 U.S.C. 2017) is harvesters of aquatic products, but only to the and repayment standards established by the amended— extent that the activities are related to renew- Corporation.’’. (A) by striking ‘‘or’’ at the end of paragraph able energy, except that a direct loan may not SEC. 5038. FARM CREDIT SYSTEM INSURANCE (2); be made available under this subparagraph to a CORPORATION. (B) by striking the period at the end of para- farmer, rancher, or producer or harvester of (a) AUTHORITY TO PASS ALONG COST OF IN- graph (3) and inserting ‘‘; or’’; and aquatic products eligible to borrow from a farm SURANCE PREMIUMS.—Section 1.12(b) of the (C) by adding at the end the following: credit institution under section 1.9(1) or Farm Credit Act of 1971 (12 U.S.C. 2020(b)) is ‘‘(4) persons primarily engaged in processing, 2.4(a)(1), or to a service provider eligible to bor- amended by striking the last sentence and in- preparing for market, handling, purchasing, row from a farm credit institution under section serting ‘‘The assessment on any such associa- testing, grading, distributing, or marketing farm 1.9(2) or 2.4(a)(3) for all the provider’s farm-re- tion or other financing institution for any pe- or aquatic products; or primarily engaged in lated or aquatic-related business activities.’’. riod shall be computed in an equitable man- furnishing farm or aquatic business services, or SEC. 5032. LOAN-TO-ASSET VALUE REQUIRE- ner.’’. farm or aquatic supplies, including inputs such MENTS. (b) PREMIUMS; AMOUNT IN FUND NOT EXCEED- as feed or fertilizer, equipment, and other cap- Section 1.10(a)(1)(C) of the Farm Credit Act of ING SECURE BASE AMOUNT.—Section 5.55(a) of ital goods to farmers, ranchers, or producers or 1971 (12 U.S.C. 2018(a)(1)(C)) is amended by such Act (12 U.S.C. 2277a-4(a)) is amended— harvesters of aquatic products, but only to the striking ‘‘as may be authorized’’ and inserting (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), extent that the activities are related to renew- ‘‘except as may be provided’’. by striking ‘‘(2), the annual’’ and inserting ‘‘(3), able energy, except that a direct loan may not SEC. 5033. POPULATION LIMIT FOR SINGLE-FAM- be made available under this title to a person el- the’’; ILY HOUSING LOANS. (B) by striking subparagraphs (A) through igible to borrow from a bank for cooperatives (a) FARM CREDIT BANKS.—Section 1.11(b)(3) of (D) and inserting the following: under section 3.7 or 3.8 (without regard to sub- the Farm Credit Act of 1971 (12 U.S.C. ‘‘(A) the average outstanding insured obliga- section (b)(1)(E) or (b)(1)(F) thereof).’’. 2019(b)(3)) is amended by striking ‘‘2,500’’ and tions issued by the bank for the calendar year, (2) LOAN PURPOSES.—Section 1.11 of such Act inserting ‘‘6,000’’. after deducting therefrom the percentages of the (12 U.S.C. 2019) is amended— (b) ASSOCIATIONS.—Section 2.4(b)(3) of such guaranteed portions of loans and investments (A) in subsection (a)(1), by striking ‘‘farmers, Act (12 U.S.C. 2075(b)(3)) is amended by striking described in paragraph (2), multiplied by 0.0020; ranchers, and producers or harvesters of aquatic ‘‘2,500’’ and inserting ‘‘6,000’’. ‘‘(B) the average principal outstanding for the products’’ and inserting ‘‘persons eligible under SEC. 5034. BANK FOR COOPERATIVES VOTING calendar year on loans made by the bank that section 1.9(1)’’; STOCK. are in nonaccrual status, multiplied by 0.0010; (B) in subsection (a)(2), by inserting ‘‘under (a) IN GENERAL.—Section 3.3(c) of the Farm and paragraph (1)’’ after ‘‘Farm Credit Bank’’; Credit Act of 1971 (12 U.S.C. 2124(c)) is amended ‘‘(C) the average amount outstanding for the (C) in subsection (b)(1), by striking ‘‘rural by striking ‘‘and (ii)’’ and inserting ‘‘(ii) other calendar year of other-than-temporarily im- residents’’ and inserting ‘‘persons eligible under categories of persons and entities described in paired investments made by the bank, multiplied section 1.9(3)’’; sections 3.7 and 3.8 eligible to borrow from the by 0.0010.’’; (D) in subsection (c)(1), by striking ‘‘persons bank, as determined by the bank’s board of di- (2) in paragraph (2), by striking ‘‘annual’’; furnishing farm-related services to farmers and rectors; and (iii)’’. (3) in paragraph (3), in the matter preceding ranchers directly related to their on-farm oper- (b) CONFORMING AMENDMENTS.—Section subparagraph (A), by striking ‘‘As used’’ and ating needs’’ and inserting ‘‘persons eligible 4.3A(c)(1)(D) of such Act (12 U.S.C. all that follows through ‘‘that’’ and inserting under section 1.9(2)’’; and 2154a(c)(1)(D)) is amended by redesignating ‘‘As used in this section, the term ‘government- (E) by adding at the end the following: clauses (ii) and (iii) as clauses (iii) and (iv), re- guaranteed’ when applied to loans or invest- ‘‘(d) AGRIBUSINESS LOANS.—Loans to persons spectively, and inserting after clause (i) the fol- ments, means loans, credits, or investments, or primarily engaged in processing, preparing for lowing: portions of loans, credits, or investments, that’’; market, handling, purchasing, testing, grading, ‘‘(ii) persons and entities eligible to borrow and distributing, or marketing farm or aquatic prod- from the banks for cooperatives, as described in (4) by redesignating paragraphs (2) and (3) as ucts; or primarily engaged in furnishing farm or section 3.3(c)(ii);’’. paragraphs (3) and (4), respectively, and insert- aquatic business services, or farm or aquatic SEC. 5035. MAJORITY FARMER CONTROL RE- ing after paragraph (1) the following: supplies, including inputs such as feed or fer- QUIREMENT. ‘‘(2) DEDUCTIONS FROM AVERAGE OUTSTANDING tilizer, equipment, and other capital goods to Section 3.8(b)(1) of the Farm Credit Act of 1971 INSURED OBLIGATIONS.—The average out- farmers, ranchers, or producers or harvesters of (12 U.S.C. 2129(b)(1)), as amended by section standing insured obligations issued by the bank

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for the calendar year referred to in subsection (3) in paragraph (6)— (h) RULES AND REGULATIONS.—Section 5.58(10) (a)(1)(A) of this section shall be reduced by de- (A) in subparagraph (A)— of such Act (12 U.S.C. 2277a-7(10)) is amended ducting therefrom the sum of— (i) in the matter preceding clause (i), by strik- by inserting ‘‘and section 1.12(b)’’ after ‘‘part’’. ‘‘(A) 90 percent of the sum of— ing ‘‘beginning’’ and all that follows through SEC. 5039. RISK-BASED CAPITAL LEVELS. ‘‘(i) the average principal outstanding for ‘‘2005’’; Section 8.32(a)(1) of the Farm Credit Act of such calendar year on the guaranteed portions (ii) by striking clause (i) and inserting the fol- 1971 (12 U.S.C. 2279bb-1(a)(1)) is amended by of Federal government-guaranteed loans made lowing: striking all through ‘‘a pool of’’ and inserting by the bank that are in accrual status; and ‘‘(i) subject to subparagraph (D), pay to each the following: ‘‘(ii) the average amount outstanding for the insured System bank, in a manner determined ‘‘(1) CREDIT RISK.— calendar year of the guaranteed portions of by the Corporation, an amount equal to the bal- ‘‘(A) With respect to securities representing an Federal government-guaranteed investments ance in its Allocated Insurance Reserves Ac- interest in, or obligations backed by, a pool of made by the bank that are not permanently im- count; and’’; and qualified loans (as defined in section 8.0(9)(C)), paired, as determined by the Corporation; and (iii) in clause (ii)— owned or guaranteed by the Corporation, losses ‘‘(B) 80 percent of the sum of— (I) by striking ‘‘(C), (E), and (F)’’ and insert- occur at a rate of default and severity reason- ‘‘(i) the average principal outstanding for the ing ‘‘(C) and (E)’’; and ably related to risks in electric and telephone fa- (II) by striking ‘‘outstanding,’’ and all that calendar year on the guaranteed portions of cility loans, respectively, as determined by the follows and inserting ‘‘at the time of the termi- State government-guaranteed loans made by the Director. bank that are in accrual status; and nation of the Financial Assistance Corporation, ‘‘(B) With respect to securities representing an ‘‘(ii) the average amount outstanding for the of the balance in the Allocated Insurance Re- interest in, or obligations backed by, a pool of calendar year of the guaranteed portions of serves Account established under subparagraph other’’. (1)(B).’’; State government-guaranteed investments made SEC. 5040. LOANS TO PURCHASERS OF HIGHLY by the bank that are not permanently impaired, (B) in subparagraph (C)— FRACTIONED LANDS. (i) in clause (i), by striking ‘‘(in addition to as determined by the Corporation.’’. Section 1 of Public Law 91–229 (25 U.S.C. 488) the amounts described in subparagraph (c) PREMIUMS; AMOUNT IN FUND EXCEEDING is amended by adding at the end the following: (F)(ii))’’; and SECURE BASE AMOUNT.—Section 5.55(b) of such ‘‘The Secretary of Agriculture may make and in- (ii) by striking clause (ii) and inserting the Act (12 U.S.C. 2277a-4(b)) is amended by striking sure loans as provided in section 309 of the Con- ‘‘annual’’. following: ‘‘(ii) TERMINATION OF ACCOUNT.—On disburse- solidated Farm and Rural Development Act to (d) SECURE BASE AMOUNT.—Section 5.55(c) of ment of $56,000,000, the Corporation shall close eligible purchasers of highly fractionated land such Act (12 U.S.C. 2277a-4(c)) is amended by the Account established under paragraph (1)(B) pursuant to section 204(c) of the Indian Land striking the parenthetical phrase and inserting and transfer any remaining funds in the Ac- Consolidation Act. Section 4 of this Act shall ‘‘(adjusted downward to exclude an amount count to the remaining Allocated Insurance Re- not apply to trust or restricted tribal or tribal equal to the sum of (1) 90 percent of (A) the serves Accounts in accordance with paragraph corporation property mortgaged pursuant to the guaranteed portions of principal outstanding on (4)(B) for the calendar year in which the trans- preceding sentence.’’. Federal government-guaranteed loans in ac- fer occurs.’’; and TITLE VI—RURAL DEVELOPMENT crual status made by the banks, and (B) the (C) by striking subparagraph (F). Sec. 6001. Definition of rural. guaranteed portions of the amount of Federal (g) CERTIFICATION OF PREMIUMS.— Sec. 6002. Water, waste disposal, and waste- government-guaranteed investments made by (1) FILING CERTIFIED STATEMENT.—Section water facility grants. the banks that are not permanently impaired; 5.56(a) of such Act (12 U.S.C. 2277a-5(a)) is Sec. 6003. Rural business opportunity grants. and (2) 80 percent of (A) the guaranteed por- amended to read as follows: Sec. 6004. Rural water and wastewater circuit tions of principal outstanding on State govern- ‘‘(a) FILING CERTIFIED STATEMENT.—On a rider program. ment-guaranteed loans in accrual status made date to be determined in the sole discretion of Sec. 6005. Tribal college and university essen- by the banks, and (B) the guaranteed portions the Corporation’s Board of Directors, each in- tial community facilities. of the amount of State government-guaranteed sured System bank that became insured before Sec. 6006. Emergency and imminent community investments made by the banks that are not per- the beginning of the period for which premiums water assistance grant program. manently impaired, as determined by the Cor- are being assessed (in this section referred to as Sec. 6007. Water systems for rural and native poration)’’. the ‘period’) shall file with the Corporation a villages in Alaska. (e) DETERMINATION OF LOAN AND INVESTMENT certified statement showing— Sec. 6008. Grants to nonprofit organizations to AMOUNTS.—Section 5.55(d) of such Act (12 ‘‘(1) the average outstanding insured obliga- finance the construction, refur- U.S.C. 2277a-4(d)) is amended— tions for the period issued by the bank; bishing, and servicing of individ- (1) in the subsection heading, by striking ‘‘(2) the average principal outstanding for the ually-owned household water well ‘‘PRINCIPAL OUTSTANDING’’ and inserting ‘‘LOAN period on the guaranteed portion of Federal systems in rural areas for individ- AND INVESTMENT AMOUNTS’’; government-guaranteed loans that are in ac- uals with low or moderate in- (2) in the matter preceding paragraph (1), by crual status and the average amount out- comes. striking ‘‘For’’ and all that follows through ‘‘— standing for the period of Federal government- Sec. 6009. Rural cooperative development ’’ and inserting ‘‘For the purpose of subsections guaranteed investments that are not perma- grants. (a) and (c) of this section, the principal out- nently impaired (as defined in section Sec. 6010. Criteria to be applied in providing standing on all loans made by an insured Sys- 5.55(a)(4)); loans and loan guarantees under tem bank or the amount outstanding on all in- ‘‘(3) the average principal outstanding for the the business and industry loan vestments made by an insured System bank period on State government-guaranteed loans program. shall be determined based on all loans or invest- that are in accrual status and the average Sec. 6011. Appropriate technology transfer for ments made—’’; and amount outstanding for the period of State gov- rural areas program. (3) in each of paragraphs (1) and (2), by in- ernment-guaranteed investments that are not Sec. 6012. Grants to improve technical infra- serting ‘‘or investments’’ before ‘‘because’’. permanently impaired (as defined in section structure and improve quality of (f) ALLOCATION TO SYSTEM INSTITUTIONS OF 5.55(a)(4)); rural health care facilities. EXCESS RESERVES.—Section 5.55(e) of such Act ‘‘(4) the average principal outstanding for the Sec. 6013. Rural entrepreneur and microenter- (12 U.S.C. 2277a-4(e)) is amended— period on loans that are in nonaccrual status prise assistance program. (1) in paragraph (3), by striking ‘‘the average and the average amount outstanding for the pe- Sec. 6014. Criteria to be applied in considering secure base amount for the calendar year (as riod of other-than-temporarily impaired invest- applications for rural develop- calculated on an average daily balance basis)’’ ments; and ment projects. and inserting ‘‘the secure base amount’’; ‘‘(5) the amount of the premium due the Cor- Sec. 6015. National sheep industry improvement (2) in paragraph (4), by striking subparagraph poration from the bank for the period.’’. center. Sec. 6016. National rural development partner- (B) and inserting the following: (2) PREMIUM PAYMENTS.—Section 5.56(c) of ‘‘(B) there shall be credited to the Allocated such Act (12 U.S.C. 2277a-5(c)) is amended to ship. Sec. 6017. Historic barn preservation. Insurance Reserves Account of each insured read as follows: Sec. 6018. Grants for NOAA weather radio System bank an amount that bears the same ‘‘(c) PREMIUM PAYMENTS.—Each insured Sys- transmitters. ratio to the total amount (less any amount cred- tem bank shall pay to the Corporation the pre- Sec. 6019. Delta regional authority. ited under subparagraph (A) of this paragraph) mium payments required under subsection (a), Sec. 6020. Northern great plains regional au- as the average principal outstanding for the cal- not more frequently than once in each calendar thority. endar year on insured obligations issued by the quarter, in such manner and at such time or Sec. 6021. Rural strategic investment program. bank (after deducting therefrom the percentages times as the Board of Directors shall prescribe, Sec. 6022. Expansion of 911 access. of the guaranteed portions of loans and invest- except that the amount of the premium shall be Sec. 6023. Access to broadband telecommuni- ments described in subsection (a)(2) of this sec- established not later than 60 days after filing cations services in rural areas. tion), bears to the average principal outstanding the certified statement setting forth the amount Sec. 6024. Community connect grant program. for the calendar year on insured obligations of the premium.’’. Sec. 6025. Agriculture innovation center dem- issued by all insured System banks (after de- (3) CONFORMING AMENDMENTS.—Section 5.56 onstration program. ducting therefrom the percentages of the guar- of such Act (12 U.S.C. 2277a-5) is amended by Sec. 6026. Rural firefighters and emergency anteed portions of loans and investments so de- striking subsection (d) and redesignating sub- medical service assistance pro- scribed).’’; and section (e) as subsection (d). gram.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00165 Fmt 7634 Sfmt 6343 E:\CR\FM\A30JY7.010 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9002 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Sec. 6027. Value-added agricultural market de- amended by striking ‘‘2003 through 2007’’ and 1932(e)(12)), as so redesignated by subsections velopment program. inserting ‘‘2008 through 2012’’. (c) through (e) of this section, is amended by Sec. 6028. Assistance for rural public television SEC. 6009. RURAL COOPERATIVE DEVELOPMENT striking ‘‘2007’’ and inserting ‘‘2012’’. stations. GRANTS. SEC. 6010. CRITERIA TO BE APPLIED IN PRO- Sec. 6029. Telemedicine and distance learning (a) ELIGIBILITY.—Section 310B(e)(5) of the VIDING LOANS AND LOAN GUARAN- services in rural areas. Consolidated Farm and Rural Development Act TEES UNDER THE BUSINESS AND IN- Sec. 6030. Guarantees for bonds and notes (7 U.S.C. 1932(e)(5)) is amended— DUSTRY LOAN PROGRAM. issued for electrification or tele- (1) in subparagraph (A), by striking ‘‘a na- Section 310B(g) of the Consolidated Farm and phone purposes. tionally coordinated, regionally or State-wide Rural Development Act (7 U.S.C. 1932(g)) is Sec. 6031. Comprehensive rural broadband operated project’’ and inserting ‘‘activities to amended by adding at the end the following: strategy. promote and assist the development of coopera- ‘‘(9)(A) In providing loans and loan guaran- Sec. 6032. Study of railroad issues. tively and mutually owned businesses’’; tees under this section, the Secretary shall con- SEC. 6001. DEFINITION OF RURAL. (2) in subparagraph (B), by inserting ‘‘to pro- sider an application more favorably when com- Not later than 60 days after the date of the mote and assist the development of cooperatively pared to other applications to the extent that enactment of this Act, the Secretary of Agri- and mutually owned businesses’’ before the the project described in the application supports culture shall prepare and submit to the Com- semicolon; community development and farm and ranch in- mittee on Agriculture of the House of Represent- (3) by striking subparagraphs (D) and (F) and come by marketing, distributing, storing, aggre- atives and the Committee on Agriculture, Nutri- redesignating subparagraph (E) as subpara- gating, or processing a locally or regionally pro- tion, and Forestry of the Senate a report that— graph (D); and duced agricultural product. (1) assesses the varying definitions of ‘‘rural’’ (4) adding at the end the following: ‘‘(B) In subparagraph (A), the term ‘locally or used by the Department of Agriculture; ‘‘(E) demonstrate a commitment to— regionally produced agricultural product’ means ‘‘(i) networking with and sharing the results (2) describes the effects those varying defini- an agricultural product— of its efforts with other cooperative development tions have on the programs administered by the ‘‘(I) which is produced and distributed in the centers and other organizations involved in Department of Agriculture; and locality or region where the finished product is (3) makes recommendations for ways to better rural economic development efforts; and marketed; ‘‘(ii) developing multi-organization and multi- target funds provided through rural develop- ‘‘(ii) which has been shipped a total distance State approaches to addressing the cooperative ment programs. of 400 or fewer miles, as determined by the Sec- and economic development needs of rural retary; and SEC. 6002. WATER, WASTE DISPOSAL, AND WASTE- areas.’’. WATER FACILITY GRANTS. ‘‘(iii) about which the distributor has con- (b) AUTHORITY TO AWARD MULTI-YEAR veyed to the end-use consumers information re- Section 306(a)(2)(B)(vii) of the Consolidated GRANTS.—Section 310(B)(e)(6) of such Act (7 Farm and Rural Development Act (7 U.S.C. U.S.C. 1932(e)(6)) is amended to read as follows: garding the origin of the product or production 1926(a)(2)(B)(vii)) is amended by striking ‘‘2002 ‘‘(6) Grants awarded to centers that have re- practices, or other valuable information.’’. through 2007’’ and inserting ‘‘2008 through ceived no prior funding under this subsection SEC. 6011. APPROPRIATE TECHNOLOGY TRANS- 2012’’. shall be made for a period of 1 year. The Sec- FER FOR RURAL AREAS PROGRAM. SEC. 6003. RURAL BUSINESS OPPORTUNITY retary shall evaluate programs receiving assist- Section 310B of the Consolidated Farm and GRANTS. ance under this subsection. The Secretary may Rural Development Act (7 U.S.C. 1932) is amend- Section 306(a)(11)(D) of the Consolidated award grants for a period of more than 1 year, ed by adding at the end the following: Farm and Rural Development Act (7 U.S.C. but not more than 3 years, to centers that have ‘‘(i) APPROPRIATE TECHNOLOGY TRANSFER FOR 1926(a)(11)(D)) is amended by striking ‘‘2007’’ successfully met the criteria under paragraph RURAL AREAS PROGRAM.— and inserting ‘‘2012’’. (5).’’. ‘‘(1) DEFINITION OF NATIONAL NONPROFIT AG- SEC. 6004. RURAL WATER AND WASTEWATER CIR- (c) AUTHORITY TO EXTEND GRANT PERIOD FOR RICULTURAL ASSISTANCE INSTITUTION.—In this CUIT RIDER PROGRAM. 1 YEAR.—Section 310B(e) of such Act (7 U.S.C. subsection, the term ‘national nonprofit agricul- Section 306(a)(22)(C) of the Consolidated Farm 1932(e)) is amended by redesignating paragraphs tural assistance institution’ means an organiza- and Rural Development Act (7 U.S.C. (7) through (9) as paragraphs (8) through (10), tion that— 1926(a)(22)(C)) is amended by striking respectively, and inserting after paragraph (6) ‘‘(A) is described in section 501(c)(3) of the In- ‘‘$15,000,000 for fiscal year 2003’’ and inserting the following: ternal Revenue Code of 1986 and exempt from ‘‘$25,000,000 for fiscal year 2008’’. ‘‘(7) The Secretary may extend for only 1 ad- taxation under 501(a) of that Code; SEC. 6005. TRIBAL COLLEGE AND UNIVERSITY ES- ditional 12-month period the period in which a ‘‘(B) has staff and offices in multiple regions; SENTIAL COMMUNITY FACILITIES. grantee may use a grant made under this sub- ‘‘(C) operates national sustainable agriculture Section 306(a)(25) of the Consolidated Farm section.’’. technical assistance programs; and and Rural Development Act (7 U.S.C. (d) COOPERATIVE RESEARCH PROGRAM.—Sec- ‘‘(D) provides the technical assistance 1926(a)(25)) is amended— tion 310B(e) of such Act (7 U.S.C. 1932(e)), as through toll-free hotlines, a website, publica- (1) by striking subparagraph (B) and inserting amended by subsection (c) of this section, is tions, and work shops. the following: amended by redesignating paragraphs (9) and ‘‘(2) ESTABLISHMENT.—The Secretary shall es- ‘‘(B) FEDERAL SHARE.—The Secretary shall es- (10) as paragraphs (10) and (11), respectively, tablish a national appropriate technology trans- tablish the maximum percentage of the cost of and inserting after paragraph (9) the following: fer for rural areas program to assist agricultural the facility that may be covered by a grant ‘‘(10) The Secretary shall enter into a coopera- producers that are seeking information to help under this paragraph, except that the Secretary tive research agreement with 1 or more qualified the agricultural producers— may not require non-Federal financial support academic institutions in each fiscal year to con- ‘‘(A) reduce input costs; in an amount that is greater than 5 percent of duct research on the national economic effects ‘‘(B) conserve energy resources; the total cost.’’; and of all types of cooperatives.’’. ‘‘(C) diversify operations through new energy (2) in subparagraph (C), by striking ‘‘2003 (e) ADDRESSING NEEDS OF MINORITY COMMU- crops and energy generation facilities; and through 2007’’ and inserting ‘‘2008 through NITIES.—Section 310B(e) of such Act (7 U.S.C. ‘‘(D) expand markets for the agricultural com- 2012’’. 1932(e)), as amended by subsections (c) and (d) modities produced by the producers through use of this section, is amended by redesignating of sustainable farming practices. SEC. 6006. EMERGENCY AND IMMINENT COMMU- NITY WATER ASSISTANCE GRANT paragraph (11) as paragraph (12) and inserting ‘‘(3) IMPLEMENTATION.— PROGRAM. after paragraph (10) the following: ‘‘(A) IN GENERAL.—The Secretary shall carry Section 306A(i)(2) of the Consolidated Farm ‘‘(11)(A) If the total amount appropriated out the program under this subsection by mak- and Rural Development Act (7 U.S.C. under paragraph (12) of this subsection for a fis- ing a grant to, or offering to enter into a cooper- 1926a(i)(2)) is amended by striking ‘‘2003 cal year exceeds $7,500,000, the Secretary shall ative agreement with, a national nonprofit agri- through 2007’’ and inserting ‘‘2008 through reserve an amount equal to 20 percent of the cultural assistance organization. 2012’’. amount so appropriated for grants for coopera- ‘‘(B) COST SHARE.—A grant made, or coopera- tive development centers, individual coopera- tive agreement entered into, under subpara- SEC. 6007. WATER SYSTEMS FOR RURAL AND NA- TIVE VILLAGES IN ALASKA. tives, or groups of cooperatives, serving socially graph (A) shall provide 100 percent of the cost Section 306D(d)(1) of the Consolidated Farm disadvantaged (within the meaning of section of providing information pursuant to paragraph and Rural Development Act (7 U.S.C. 355(e)) communities, a majority of the boards of (2). 1926d(d)(1)) is amended by striking ‘‘2001 directors or governing boards of which are com- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— through 2007’’ and inserting ‘‘2008 through prised of socially disadvantaged (withing such There are authorized to be appropriated to the 2012’’. meaning) individuals. Secretary to carry out this subsection $5,000,000 ‘‘(B) To the extent that the Secretary deter- for each fiscal year.’’. SEC. 6008. GRANTS TO NONPROFIT ORGANIZA- mines that funds reserved under subparagraph TIONS TO FINANCE THE CONSTRUC- SEC. 6012. GRANTS TO IMPROVE TECHNICAL IN- TION, REFURBISHING, AND SERV- (A) will not be used for grants described in sub- FRASTRUCTURE AND IMPROVE ICING OF INDIVIDUALLY-OWNED paragraph (A) because of insufficient applica- QUALITY OF RURAL HEALTH CARE HOUSEHOLD WATER WELL SYSTEMS tions for the grants, the Secretary shall use the FACILITIES. IN RURAL AREAS FOR INDIVIDUALS funds as otherwise authorized by this sub- Subtitle D of the Consolidated Farm and WITH LOW OR MODERATE INCOMES. section.’’. Rural Development Act (7 U.S.C. 1981–2008r), as Section 306E(d) of the Consolidated Farm and (f) AUTHORIZATION OF APPROPRIATIONS.—Sec- amended by section 5025 of this Act, is amended Rural Development Act (7 U.S.C. 1926e(d)) is tion 310B(e)(12) of such Act (7 U.S.C. by inserting after section 365 the following:

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‘‘SEC. 366. GRANTS TO IMPROVE TECHNICAL IN- ‘‘(c) AMOUNT OF GRANT.—The Secretary shall ‘‘(10) PROGRAM.—The term ‘program’ means FRASTRUCTURE AND IMPROVE determine the amount of a grant awarded under the rural entrepreneur and microenterprise pro- QUALITY OF RURAL HEALTH CARE this section. gram established under subsection (b)(1). FACILITIES. ‘‘(d) FURNISHING THE SECRETARY WITH INFOR- ‘‘(11) QUALIFIED ORGANIZATION.—The term ‘‘(a) IN GENERAL.—The Secretary shall estab- MATION.—An eligible entity receiving a grant ‘qualified organization’ means— lish a program to award grants to rural health under this section shall furnish the Secretary ‘‘(A) a microenterprise development organiza- facilities for the purpose of assisting the facili- with such information as the Secretary may re- tion or microenterprise development program ties in— quire to— that has a demonstrated record of delivering ‘‘(1) purchasing health information tech- ‘‘(1) evaluate the project for which the grant microenterprise services to rural entrepreneurs, nology to improve quality in health care and is made; and or an effective plan to develop a program to de- patient safety; or ‘‘(2) ensure that assistance provided under the liver microenterprise services to rural entre- ‘‘(2) improving health care quality and pa- grant is expended for the purposes for which the preneurs effectively, as determined by the Sec- tient safety, including the development of— grant is made. retary; ‘‘(A) quality improvement support structures ‘‘(B) an intermediary that has a demonstrated to assist rural health systems and profes- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to the record of delivering assistance to microenterprise sionals— development organizations or microenterprise Secretary to carry out this section not more ‘‘(i) achieve greater integration of personal development programs; than $30,000,000 for each of the fiscal years 2008 and population health services; and ‘‘(C) an Indian tribe, the tribal government of ‘‘(ii) address safety, effectiveness, patient- or through 2012.’’. which certifies to the Secretary that there is no community-centeredness, timeliness, efficiency, SEC. 6013. RURAL ENTREPRENEUR AND MICRO- microenterprise development organization or and equity; and ENTERPRISE ASSISTANCE PROGRAM. microenterprise development program under the ‘‘(B) innovative approaches to the financing Subtitle D of the Consolidated Farm and jurisdiction of the Indian tribe; and delivery of health services to achieve rural Rural Development Act (7 U.S.C. 1981–2008r), as ‘‘(D) a group of 2 or more organizations or In- health quality goals. amended by sections 5025 and 6012 of this Act, dian tribes described in any of subparagraphs ‘‘(b) DEFINITIONS.—In this section: is amended by inserting after section 366 the fol- (A) through (C) that agree to act jointly as a ‘‘(1) HEALTH INFORMATION TECHNOLOGY.—The lowing: qualified organization under this section; or term ‘health information technology’ includes ‘‘SEC. 367. RURAL ENTREPRENEUR AND MICRO- ‘‘(E) for purposes of subsection (b), a public total expenditures incurred for— ENTERPRISE ASSISTANCE PROGRAM. college or university that has a demonstrated ‘‘(A) purchasing, leasing, and installing com- ‘‘(a) DEFINITIONS.—In this section: record of delivering assistance to microenterprise puter software and hardware, including ‘‘(1) ECONOMICALLY DISADVANTAGED MICRO- development organizations or microenterprise handheld computer technologies, and related ENTREPRENEUR.—The term ‘economically dis- development programs. services; advantaged microentrepreneur’ means an ‘‘(12) RURAL AREA.—The term ‘rural area’ ‘‘(B) making improvements to computer soft- owner, majority owner, or developer of a micro- means any area of the United States that is ware and hardware; enterprise that has the ability to compete in the not— ‘‘(C) purchasing or leasing communications private sector but has been impaired because of ‘‘(A) included within the boundaries of any capabilities necessary for clinical data access, diminished capital and credit opportunities, as city, town, borough, or village, whether incor- storage, and exchange; compared to other microentrepreneurs in the in- porated or unincorporated, with a population of ‘‘(D) services associated with acquiring, imple- dustry. more than 20,000 inhabitants; or ‘‘(B) the urbanized area contiguous and adja- menting, operating, or optimizing the use of ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ computer software and hardware and clinical has the meaning given the term in section 4 of cent to such a city or town. ‘‘(13) RURAL CAPACITY-BUILDING SERVICE.— health care informatics systems; the Indian Self-Determination and Education The term ‘rural capacity-building service’ means ‘‘(E) providing education and training to eli- Assistance Act (25 U.S.C. 450b). a service provided to an organization that— gible entity staff on information systems and ‘‘(3) INTERMEDIARY.—The term ‘intermediary’ technology designed to improve patient safety ‘‘(A) is, or is in the process of becoming, a means a nonprofit entity that provides assist- microenterprise development organization or and quality of care; and ance— ‘‘(F) purchasing, leasing, subscribing, or serv- microenterprise development program; and ‘‘(A) to a microenterprise development organi- ‘‘(B) serves rural areas for the purpose of en- icing support to establish interoperability that— zation; or ‘‘(i) integrates patient-specific clinical data hancing the ability of the organization to pro- ‘‘(B) for a microenterprise development pro- vide training, technical assistance, and other re- with well-established national treatment guide- gram. lines; lated services to rural entrepreneurs. ‘‘(4) LOW-INCOME INDIVIDUAL.—The term ‘low- ‘‘(ii) provides ongoing, continuous quality im- ‘‘(14) RURAL ENTREPRENEUR.—The term ‘rural income individual’ means an individual with an provement functions that allow providers to as- entrepreneur’ means a microentrepreneur, or income (adjusted for family size) of not more sess improvement rates over time and against prospective microentrepreneur— than 80 percent of the national median income. averages for similar providers; and ‘‘(A) the principal place of business of which ‘‘(5) MICROCREDIT.—The term ‘microcredit’ ‘‘(iii) integrates with larger health networks. is in a rural area; and means a business loan or loan guarantee of not ‘‘(B) that is unable to obtain sufficient train- ‘‘(2) RURAL AREA.—The term ‘rural area’ means any area of the United States that is more than $50,000 that is provided to a rural en- ing, technical assistance, or microcredit else- not— trepreneur. where, as determined by the Secretary. ‘‘(15) TRIBAL GOVERNMENT.—The term ‘tribal ‘‘(A) included within the boundaries of any ‘‘(6) MICROENTERPRISE.—The term ‘micro- government’ means the governing body of an In- city, town, borough, or village, whether incor- enterprise’ means— dian tribe. porated or unincorporated, with a population of ‘‘(A) a sole proprietorship; or ‘‘(b) RURAL ENTREPRENEURSHIP AND MICRO- more than 20,000 inhabitants; or ‘‘(B) a business entity with not more than 10 full-time-equivalent employees. ENTERPRISE PROGRAM.— ‘‘(B) the urbanized area contiguous and adja- ‘‘(1) ESTABLISHMENT.—The Secretary shall es- cent to such a city or town. ‘‘(7) MICROENTERPRISE DEVELOPMENT ORGANI- ZATION.— tablish a rural entrepreneurship and micro- ‘‘(3) RURAL HEALTH FACILITY.—The term enterprise program. ‘rural health facility’ means any of the fol- ‘‘(A) IN GENERAL.—The term ‘microenterprise development organization’ means a nonprofit ‘‘(2) PURPOSE.—The purpose of the program lowing: shall be to provide low-income individuals and ‘‘(A) SOLE COMMUNITY HOSPITAL.—A hospital entity that— ‘‘(i) provides training and technical assistance moderate-income individuals with— (as defined in section 1886(a)(2) of the Social Se- ‘‘(A) the skills necessary to establish new to rural entrepreneurs; and curity Act (42 U.S.C. 1395ww(a)(2))). small businesses in rural areas; and ‘‘(B) CRITICAL ACCESS HOSPITAL.—A critical ‘‘(ii) facilitates access to capital or another ‘‘(B) continuing technical and financial as- access hospital (as defined in section service described in subsection (b) for rural en- sistance as individuals and business starting or 1861(mm)(1) of the Social Security Act (42 U.S.C. trepreneurs. operating small businesses. 1395x(mm)(1))). ‘‘(B) INCLUSIONS.—The term ‘microenterprise ‘‘(3) GRANTS.— ‘‘(C) FEDERALLY QUALIFIED HEALTH CENTER IN development organization’ includes an organi- ‘‘(A) IN GENERAL.—The Secretary may make a RURAL AREAS.—A Federally qualified health zation described in subparagraph (A) with a grant under the program to a qualified organi- center (as defined in section 1861(aa)(4) of the demonstrated record of delivering services to zation— Social Security Act (42 U.S.C. 1395x(aa)(4)) that economically disadvantaged microentrepreneurs, ‘‘(i) to provide training, operational support, is located in a rural area. or an effective plan to develop a program to de- or a rural capacity-building service to a quali- ‘‘(D) RURAL PHYSICIAN OR RURAL PHYSICIAN liver microenterprise services to rural entre- fied organization to assist the qualified organi- GROUP PRACTICE.—A physician or physician preneurs effectively, as determined by the Sec- zation in developing microenterprise training, group practice that is located in a rural area. retary. technical assistance, market development assist- ‘‘(E) RURAL HEALTH CLINIC.—A rural health ‘‘(8) MICROENTERPRISE DEVELOPMENT PRO- ance, and other related services, primarily for clinic (as defined in section 1861(aa)(2) of the GRAM.—The term ‘microenterprise development business with 10 or fewer full-time-equivalent Social Security Act (42 U.S.C. 1395x(aa)(2))). program’ means a program administered by a employees; ‘‘(F) MEDICARE DEPENDENT HOSPITAL.—A qualified organization serving a rural area. ‘‘(ii) to assist in researching and developing medicare-dependent, small rural hospital (as de- ‘‘(9) MICROENTREPRENEUR.—The term ‘micro- the best practices in delivering training, tech- fined in section 1886(d)(5)(G)(iv) of the Social entrepreneur means’ the owner, operator, or de- nical assistance, and microcredit to rural entre- Security Act (42 U.S.C. 1395ww(d)(5)(G)(iv))). veloper of a microenterprise. preneurs; and

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00167 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.011 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9004 CONGRESSIONAL RECORD — HOUSE July 30, 2007 ‘‘(iii) to carry out such other projects and ac- costs or in-kind contributions funded under amended by striking ‘‘2002 through 2007’’ and tivities as the Secretary determines to be con- non-Federal programs. inserting ‘‘2008 through 2012’’. sistent with the purposes of this section. ‘‘(c) ADMINISTRATIVE EXPENSES.—Not more SEC. 6019. DELTA REGIONAL AUTHORITY. ‘‘(B) DIVERSITY.—In making grants under this than 10 percent of assistance received by a (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- paragraph, the Secretary shall ensure, to the qualified organization for a fiscal year under tion 382M(a) of the Consolidated Farm and maximum extent practicable, that grant recipi- this section may be used to pay administrative Rural Development Act (7 U.S.C. 2009aa-12(a)) ents include qualified organizations— expenses. is amended by striking ‘‘2001 through 2007’’ and ‘‘(d) FURNISHING THE SECRETARY WITH INFOR- ‘‘(i) of varying sizes; and inserting ‘‘2008 through 2012’’. MATION.—A qualified organization that receives ‘‘(ii) that serve racially and ethnically diverse (b) TERMINATION OF AUTHORITY.—Section a grant under subsection (b)(3) or loan under populations. 382N of such Act (7 U.S.C. 2009aa-13) is amend- subsection (b)(4) shall furnish the Secretary by ‘‘(C) MATCHING REQUIREMENT.— ed by striking ‘‘2007’’ and inserting ‘‘2012’’. ‘‘(i) IN GENERAL.—As a condition of any grant December 1 such information as the Secretary made to a qualified organization under this may require to ensure that assistance provided SEC. 6020. NORTHERN GREAT PLAINS REGIONAL AUTHORITY. paragraph, the Secretary shall require the under the grant or loan is expended for the pur- (a) FEDERAL SHARE OF ADMINISTRATIVE EX- qualified organization to match not less than 25 poses for which the grant or loan is made. PENSES.—Section 383B(g)(1) of the Consolidated percent of the total amount of the grant. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Farm and Rural Development Act (7 U.S.C. ‘‘(ii) SOURCES.—In addition to cash from non- There are authorized to be appropriated to the 2009bb-1(g)(1)) is amended— Federal sources, a matching share provided by Secretary to carry out this section not more (1) in subparagraph (A), by striking ‘‘2002’’ the qualified organization may include indirect than $20,000,000 for each of the fiscal years 2008 and inserting ‘‘2007’’; costs or in-kind contributions funded under through 2012.’’. (2) in subparagraph (B), by striking ‘‘2003’’ non-Federal programs. SEC. 6014. CRITERIA TO BE APPLIED IN CONSID- and inserting ‘‘2008’’; and ‘‘(4) RURAL MICROLOAN AND TECHNICAL ASSIST- ERING APPLICATIONS FOR RURAL DEVELOPMENT PROJECTS. (3) in subparagraph (C), by striking ‘‘2004’’ ANCE PROGRAM.— Subtitle D of the Consolidated Farm and and inserting ‘‘2009’’. ‘‘(A) ESTABLISHMENT.—In carrying out the Rural Development Act (7 U.S.C. 1981–2008r), as (b) TECHNICAL AMENDMENT.—Section program, the Secretary may carry out a rural amended by sections 5025, 6012, and 6013 of this 383B(d)(6)(A) of such Act (7 U.S.C. 2009bb- microloan program. Act, is amended by inserting after section 367 1(d)(6)(A)) is amended by inserting ‘‘and re- ‘‘(B) PURPOSE.—The purpose of the rural microloan program shall be to provide technical the following: source conservation’’ after ‘‘development’’. and financial assistance through qualified orga- ‘‘SEC. 368. CRITERIA TO BE APPLIED IN CONSID- (c) ELIMINATION OF PRIORITIZATION RANKING ERING APPLICATIONS FOR RURAL OF ACTIVITIES TO BE FUNDED.—Section nizations to sole proprietorships and small busi- DEVELOPMENT PROJECTS. nesses located in rural areas with a particular 383C(b)(2) of such Act (7 U.S.C. 2009bb-2(b)(2)) is ‘‘(a) IN GENERAL.—The Secretary shall review amended by striking ‘‘activities in the following focus on businesses with 10 or fewer full-time the income demographics, population, seasonal equivalent employees. order of priority’’ and inserting ‘‘following ac- increases, and other factors as determined by tivities’’. ‘‘(C) AUTHORITY OF SECRETARY.—In carrying the Secretary, of eligible communities for each out the rural microloan program, the Secretary (d) ELIMINATION OF ISOLATED AREA OF DIS- program authorized or modified by, or funded TRESS DESIGNATION.— may— pursuant to, an amendment made by title VI of ‘‘(i) make loans to qualified organizations for (1) IN GENERAL.—Section 383F(a) of such Act the Farm, Nutrition, and Bioenergy Act of 2007 (7 U.S.C. 2009bb-5(a)) is amended— the purpose of making short-term, fixed interest or section 306, 306A, 306C, 306D, 306E, 310(c), rate microloans to startup, newly established, (A) by adding ‘‘and’’ at the end of paragraph 310(e), 310B(b), 310B(c), 310B(e), or 379B, or sub- (1); and growing rural microbusiness concerns; and title F, G, H, or I of this Act, and which pro- ‘‘(ii) in conjunction with the loans, provide (B) by striking ‘‘; and’’ at the end of para- poses to serve a rural area (as defined by the graph (2) and inserting a period; and grants in accordance with subparagraph (E) to applicable law). the organizations for the purpose of providing (C) by striking paragraph (3). ‘‘(b) REGULATIONS.—The Secretary shall issue (2) CONFORMING AMENDMENTS.—Section intensive marketing, management, and technical regulations to establish the applicable limita- assistance to small business concerns that are 383F(b) of such Act (7 U.S.C. 2009bb-5(b)) is tions that a rural area cannot exceed in order to amended— borrowers under this paragraph. remain eligible for a program referred to in sub- ‘‘(D) LOAN DURATION; INTEREST RATES; CONDI- (A) in paragraph (1), by striking ‘‘and iso- section (a).’’. lated areas of distress’’; and TIONS.— SEC. 6015. NATIONAL SHEEP INDUSTRY IMPROVE- ‘‘(i) LOAN DURATION.—A loan made by the (B) in paragraph (2), by striking ‘‘or isolated MENT CENTER. areas of distress’’. Secretary under this paragraph shall be for a (a) FUNDING.—Section 375(e)(6) of the Consoli- term of 20 years. (e) REDUCTION OF MINIMUM FUNDS ALLOCA- dated Farm and Rural Development Act (7 TION FOR DISTRESSED COUNTIES.—Section ‘‘(ii) APPLICABLE INTEREST RATES.—A loan U.S.C. 2008j(e)(6)) is amended by striking para- made by the Secretary under this paragraph to 383F(b)(1) of such Act (7 U.S.C. 2009bb-5(b)(1)) is graphs (B) and (C) and inserting the following: amended by striking ‘‘75’’ and inserting ‘‘50’’. a qualified organization shall bear an annual ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— (f) ELIMINATION OF PROHIBITION ON PRO- interest rate of at least 1 percent. There are authorized to be appropriated to the VIDING FUNDS TO NONDISTRESSED COUNTIES.— ‘‘(iii) DEFERRAL OF INTEREST AND PRINCIPAL.— Secretary to carry out this section $10,000,000 for Section 383F of such Act (7 U.S.C. 2009bb-5) is The Secretary may permit the deferral of pay- each of the fiscal years 2008 through 2012.’’. amended by striking subsection (c) and redesig- ments, for principal and interest, on a loan (b) ELIMINATION OF REQUIREMENT TO PRI- nating subsection (d) as subsection (c). made under this paragraph for a period of not VATIZE REVOLVING FUND.— Section 375 of such (g) INCLUSION OF RENEWABLE ENERGY AMONG more than 2 years, beginning on the date the Act (7 U.S.C. 2008j) is amended by striking sub- OBJECTS OF MINIMUM FUNDS ALLOCATION.—Sec- loan is made. section (j). tion 383F(c) of such Act (7 U.S.C. 2009bb-5(c)), ‘‘(E) GRANT AMOUNTS.— SEC. 6016. NATIONAL RURAL DEVELOPMENT ‘‘(i) IN GENERAL.—Except as otherwise pro- PARTNERSHIP. as so redesignated by subsection (a) of this sec- vided in this section, each qualified organiza- Section 378(g)(1) of the Consolidated Farm tion, is amended— tion that receives a loan under this paragraph and Rural Development Act (7 U.S.C. (1) in the subsection heading, by inserting shall be eligible to receive a grant to provide 2008m(g)(1)) is amended by striking ‘‘2003 ‘‘RENEWABLE ENERGY,’’ after ‘‘TELECOMMUNI- marketing, management, and technical assist- through 2007’’ and inserting ‘‘2008 through CATION,’’; and ance to small business concerns that are bor- 2012’’. (2) by inserting ‘‘renewable energy,’’ after ‘‘telecommunication’’. rowers or potential borrowers under this sub- SEC. 6017. HISTORIC BARN PRESERVATION. (h) AUTHORIZATION OF APPROPRIATIONS.—Sec- section. (a) GRANT PRIORITY.—Section 379A(c) of the tion 383M(a) of such Act (7 U.S.C. 2009bb-12(a)) ‘‘(ii) MAXIMUM AMOUNT FOR MICROENTERPRISE Consolidated Farm and Rural Development Act is amended by striking ‘‘2002 through 2007’’ and DEVELOPMENT ORGANIZATIONS.—Each micro- (7 U.S.C. 2008o(c)) is amended by redesignating inserting ‘‘2008 through 2012’’. enterprise development organization that re- paragraphs (3) and (4) as paragraphs (4) and (5) (i) TERMINATION OF AUTHORITY.—Section ceives a loan under this paragraph shall receive and inserting after paragraph (2) the following: an annual grant in an amount equal to not ‘‘(3) PRIORITY.—In making grants under this 383N of such Act (7 U.S.C. 2009bb-13) is amended more than 25 percent of the total outstanding subsection, the Secretary shall give the highest by striking ‘‘2007’’ and inserting ‘‘2012’’. balance of loans made to the microenterprise de- priority to funding projects described in para- SEC. 6021. RURAL STRATEGIC INVESTMENT PRO- velopment organization under this paragraph, graph (2)(C).’’. GRAM. as of the date the grant is made. (b) LIMITATIONS ON AUTHORIZATION OF AP- (a) LIMITATIONS ON AUTHORIZATION OF AP- ‘‘(iii) MATCHING REQUIREMENT.— PROPRIATIONS.—Section 379A(c)(5) of such Act PROPRIATIONS.—Section 385E of the Consoli- ‘‘(I) IN GENERAL.—As a condition of any grant (7 U.S.C. 2008o(c)(5)), as so redesignated by sub- dated Farm and Rural Development Act (7 made to a qualified organization under this sub- section (a) of this section, is amended by strik- U.S.C. 2009dd-4) is amended to read as follows: paragraph, the Secretary shall require the ing ‘‘2002 through 2007’’ and inserting ‘‘2008 ‘‘SEC. 385E. LIMITATIONS ON AUTHORIZATION OF qualified organization to match not less than 15 through 2012’’. APPROPRIATIONS. percent of the total amount of the grant. SEC. 6018. GRANTS FOR NOAA WEATHER RADIO ‘‘There are authorized to be appropriated to ‘‘(II) SOURCES.—In addition to cash from non- TRANSMITTERS. the Secretary to carry out this subtitle not more Federal sources, a matching share provided by Section 379B(d) of the Consolidated Farm and than $25,000,000 for each of the fiscal years 2008 the qualified organization may include indirect Rural Development Act (7 U.S.C. 2008p(d)) is through 2012.’’.

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(b) PRESERVATION AND PROMOTION OF RURAL by the Secretary, and have sufficient time to ‘‘(3) the speed of the broadband service offered HERITAGE.— comment on the application; and by applicants for, and recipients of, loans or (1) DEFINITION.—Section 385B of such Act (7 ‘‘(III) the application includes substantially loan guarantees under this section; U.S.C. 2009dd-1) is amended by adding at the increasing— ‘‘(4) the type of services offered by the appli- end the following: ‘‘(aa) the quality of broadband service in cants and recipients; ‘‘(12) RURAL HERITAGE.—The term ‘rural her- the community; and ‘‘(5) the length of time to approve applications itage’ means historic sites, structures, and dis- ‘‘(bb) the provision of broadband service to submitted pursuant to this section; and tricts which may include rural downtown areas unserved households inside and outside the ‘‘(6) the outreach efforts undertaken by the and main streets, neighborhoods, farmsteads, community; or Department of Agriculture to encourage persons scenic and historic trails, and heritage areas ‘‘(ii) make a loan for new construction to any in areas without broadband service to submit and historic landscapes.’’. community in which more than 75 percent of the applications pursuant to this section.’’. (2) RURAL STRATEGIC INVESTMENT PLANNING households may obtain affordable broadband (i) NATIONAL CENTER FOR RURAL TELE- service, on request, from at least 1 incumbent GRANTS.—Section 385F(b) of such Act (7 U.S.C. COMMUNICATIONS ASSESSMENT.—Section 601 of 2009dd-5(b)) is amended— service provider.’’. such Act (7 U.S.C. 950bb), as amended by sub- (c) PAPERWORK REDUCTION.—Section 601(c) of (A) by striking ‘‘and’’ at the end of paragraph sections (g) and (h) of this section, is amended such Act (7 U.S.C. 950bb(c)), as amended by sub- (6); and by redesignating subsections (l) and (m) as sub- section (b)(2) of this section, is amended by add- (B) by redesignating paragraph (7) as para- sections (m) and (n), respectively, and inserting ing at the end the following: graph (8) and inserting after paragraph (6) the after subsection (k) the following: ‘‘(4) PAPERWORK REDUCTION.—The Secretary following: ‘‘(l) NATIONAL CENTER FOR RURAL TELE- shall take steps to reduce the cost and paper- ‘‘(7) preservation and promotion of rural her- COMMUNICATIONS ASSESSMENT.— work associated with applying for a loan or itage; and’’. ‘‘(1) ESTABLISHMENT OF CENTER.—The Sec- loan guarantee under this section by first-time (3) INNOVATION GRANTS.—Section 385G(d) of retary shall designate a National Center for applicants, particularly those who are smaller such Act (7 U.S.C. 2009dd-6(d)) is amended— Rural Telecommunications Assessment (in this and start-up Internet providers, including by (A) by striking ‘‘and’’ at the end of paragraph subsection referred to as the ‘Center’). providing for a new application which shall (6); and ‘‘(2) CRITERIA.—The Secretary shall use the (B) by redesignating paragraph (7) as para- maintain the ability of the Secretary to make an following criteria in making the designation: graph (8) and inserting after paragraph (6) the analysis of the risk associated with the loan in- ‘‘(A) The Center must be an entity with a following: volved.’’. focus on rural policy research and a minimum of (d) INCREASE IN MAXIMUM NUMBER OF SUB- ‘‘(7) demonstrate a plan to protect and pro- 5 years experience in rural telecommunications SCRIBER LINES THAT MAY BE SERVED BY AN ELI- mote rural heritage; and’’. research and assessment. GIBLE ENTITY.—Section 601(d)(3) of such Act (7 ‘‘(B) The Center must be capable of assessing SEC. 6022. EXPANSION OF 911 ACCESS. U.S.C. 950bb(d)(3)) is amended by striking ‘‘2’’ broadband services in rural areas. Section 315(b) of the Rural Electrification Act and inserting ‘‘10’’. ‘‘(C) The Center must have significant experi- of 1936 (7 U.S.C. 904e(b)) is amended by striking (e) LIMITATION ON FUNDS TO ENTITIES WITH ence with other rural economic development ‘‘2002 through 2007’’ and inserting ‘‘2008 MORE THAN 2 PERCENT OF SUBSCRIBER LINES.— centers and organizations in the assessment of through 2012’’. Section 601(d) of such Act (7 U.S.C. 950bb(d)) is rural policies and formulation of policy solu- SEC. 6023. ACCESS TO BROADBAND TELE- amended by adding at the end the following: tions at the local, State, and Federal level. COMMUNICATIONS SERVICES IN ‘‘(4) LIMITATION ON FUNDS TO ENTITIES WITH ‘‘(3) BOARD.—The management of the Center RURAL AREAS. MORE THAN 2 PERCENT OF SUBSCRIBER LINES.— shall be vested in a board of directors that is ca- (a) DEFINITIONS.—Section 601(b) of the Rural Not more than 25 percent of the loans made pable of oversight of the duties set forth in para- Electrification Act of 1936 (7 U.S.C. 950bb(b)) is under this section in a single fiscal year may be graph (4). amended by striking paragraph (2) and insert- approved for entities that serve more than 2 per- ‘‘(4) DUTIES.—The Center shall— ing the following: cent of the telephone subscriber lines in the ‘‘(A) assess the effectiveness of programs pro- ‘‘(2) ELIGIBLE RURAL COMMUNITY.—The term United States.’’. vided under subsection (b) in increasing ‘eligible rural community’ means any area of the (f) LOAN TERM NOT TO EXCEED 35 YEARS.— broadband penetration and purchase in rural United States that is not— Section 601(g)(2) of such Act (7 U.S.C. areas, especially in those rural communities ‘‘(A) included within the boundaries of any 950bb(g)(2)) is amended by striking ‘‘not to ex- identified by the Secretary as having no service city, town, borough, or village, whether incor- ceed the useful life of the assets constructed, im- before award of a broadband loan or loan guar- porated or unincorporated, with a population of proved, or acquired with the proceeds of the antee under subsection (b); more than 20,000 inhabitants; or loan or extension of credit.’’ and inserting ‘‘of ‘‘(B) develop assessments of broadband avail- ‘‘(B) the urbanized area contiguous and adja- such length, not exceeding 35 years, as the bor- ability in rural areas, working with existing cent to such a city or town.’’. rower may request, so long as the Secretary de- rural development centers selected by the Cen- (b) PRIORITIZATION OF APPLICATIONS.— termines that the loan is adequately secured. In ter; (1) DEFINITION.—Section 601(b) of such Act (7 determining the term of a loan or loan guar- ‘‘(C) identify policies and initiatives at the U.S.C. 950bb(b)), as amended by subsection (a) antee, the Secretary shall consider whether the local, State and Federal level that have in- of this section, is amended by adding at the end recipient is or would be serving an area that is creased broadband penetration and purchase in the following: not receiving broadband services.’’ rural areas; ‘‘(3) INCUMBENT SERVICE PROVIDER.—The term (g) ADEQUACY OF SECURITY.—Section 601 of ‘‘(D) conduct a national study of rural house- ‘incumbent service provider’ means, with respect such Act (7 U.S.C. 950bb) is amended by redesig- holds and businesses focusing on the adoption to an application submitted pursuant to this nating subsections (h) through (k) as sub- of, barriers to, and utilization of broadband section, an entity that is providing broadband sections (i) through (l), respectively, and insert- services; and service to at least 5 percent of the households in ing after subsection (g) the following: ‘‘(E) provide reports to the public on the ac- the service area proposed in the application.’’. ‘‘(h) ADEQUACY OF SECURITY.—The Secretary tivities undertaken under this section. (2) PRIORITY BASED ON NUMBER OF INCUMBENT shall ensure that the type, amount, and method ‘‘(5) REPORTING REQUIREMENTS.—The Center SERVICE PROVIDERS.—Section 601(c) of such Act of security used to secure any loan or loan shall report by December 1 of each year to the (7 U.S.C. 950bb(c)) is amended by adding at the guarantee provided under this section is com- Secretary its activities, the results of its re- end the following: mensurate to the risk involved with the loan or search, and any such information the Secretary ‘‘(3) APPLICATIONS PRIORITIZED BASED ON loan guarantee, particularly when the loan or may request regarding the prior fiscal year. In NUMBER OF INCUMBENT SERVICE PROVIDERS.— loan guarantee is issued to a financially reporting to the Secretary the Center shall in- ‘‘(A) IN GENERAL.—In making or guaranteeing healthy, strong, and stable entity. In deter- clude the following: loans under paragraph (1), the Secretary shall mining the amount and method of security, the ‘‘(A) Assessments of the programs provided give priority, in the following order, to applica- Secretary shall consider reducing the security in under subsection (b). tions from eligible rural communities that areas that do not have broadband service.’’. ‘‘(B) Annual assessments on broadband avail- have— (h) GENERAL REPORT ON PROGRAM.—Section ability in rural areas under consideration by the ‘‘(i) no incumbent service provider; 601 of such Act (7 U.S.C. 950bb), as amended by Center. ‘‘(ii) 1 incumbent services provider; or subsection (g) of this section, is amended by re- ‘‘(C) Annual assessments on the effects of the ‘‘(iii) 2 incumbent service providers who, to- designating subsections (k) and (l) as sub- policy initiatives identified in paragraph (2)(C). gether, serve not more than 25 percent of the sections (l) and (m), respectively, and inserting ‘‘(D) Results from the national study of rural households in the service area proposed in the after subsection (j) the following: households and businesses conducted under application. ‘‘(k) GENERAL PROGRAM REPORT.—Not later paragraph (4)(D). ‘‘(B) PROHIBITIONS.—In carrying out this sec- than December 1 of each year, the Secretary ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— tion, the Secretary may not— shall prepare and submit to the Committee on There are authorized to be appropriated to the ‘‘(i) make a loan to an eligible community in Agriculture of the House of Representatives and Secretary to carry out this subsection not more which there are 3 or more incumbent service pro- the Committee on Agriculture, Nutrition, and than $1,000,000 for each of the fiscal years 2008 viders, unless— Forestry of the Senate a report that details for through 2012.’’. ‘‘(I) the loan is to an incumbent service pro- the preceding fiscal year— (j) FUNDING.—Section 601(m) of such Act (7 vider of the community; ‘‘(1) the loans made under this section; U.S.C. 950bb(l)) as so redesignated by sub- ‘‘(II) the other providers in that community ‘‘(2) the communities served under this sec- sections (g) through (i) of this section, is amend- are notified of the application before approval tion; ed—

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00169 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.011 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9006 CONGRESSIONAL RECORD — HOUSE July 30, 2007 (1) by striking paragraph (1); contribution for purposes of this section, unless ‘‘(10) educate the public concerning (2) by redesignating paragraphs (2), (3), and there is a Federal statutory exception specifi- cardiopulmonary resuscitation (CPR), first aid, (4) as paragraphs (1), (2), and (3), respectively; cally authorizing the Federal financial assist- injury prevention, safety awareness, illness pre- (3) in paragraph (1)(B) (as so redesignated), ance to be so considered. vention, and other related emergency prepared- by striking ‘‘2007’’ and inserting ‘‘2012’’; ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ness topics. (4) in paragraph (2) (as so redesignated), by There are authorized to be appropriated to the ‘‘(d) PREFERENCE.—In awarding grants under striking ‘‘2003 through 2007’’ and inserting ‘‘2008 Secretary to carry out this section not more this section, the Secretary shall give preference through 2012’’; and than $25,000,000 for each of the fiscal years 2008 to— (5) in paragraph (3) (as so redesignated), by through 2012.’’. ‘‘(1) applications that reflect a collaborative adding at the end the following: SEC. 6025. AGRICULTURE INNOVATION CENTER effort by 2 or more of the entities described in ‘‘(D) ELIGIBLE TRIBAL COMMUNITIES.—Of the DEMONSTRATION PROGRAM. subparagraphs (A) through (G) of subsection amounts made available under subparagraph Section 6402(i) of the Farm Security and Rural (b)(1); and (A) for a fiscal year, 10 percent shall be reserved Investment Act of 2002 (7 U.S.C. 1621 note; Pub- ‘‘(2) applications submitted by entities that in- for entities serving eligible tribal communities. lic Law 107–171) is amended to read as follows: tend to use amounts provided under the grant to ‘‘(E) UNOBLIGATED AMOUNTS.—Any amounts ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— fund activities described in any of paragraphs in the reserve established for eligible tribal com- There are authorized to be appropriated to the (1) through (5) of subsection (c). munities for a fiscal year under subparagraph Secretary to carry out this section $6,000,000 for ‘‘(e) MATCHING REQUIREMENT.—The Secretary (D) that are not obligated by June 30 of the fis- each of the fiscal years 2008 through 2012.’’. may not make a grant under this section to an cal year shall be available to the Secretary to SEC. 6026. RURAL FIREFIGHTERS AND EMER- entity unless the entity agrees that the entity make loans and loan guarantees under this sec- GENCY MEDICAL SERVICE ASSIST- will make available (directly or through con- tion to eligible entities in any State, as deter- ANCE PROGRAM. tributions from other public or private entities) mined by the Secretary.’’. Section 6405 of the Farm Security and Rural non-Federal contributions toward the activities (k) EXTENSION OF AUTHORITY TO ISSUE Investment Act of 2002 (7 U.S.C. 1621 note) is to be carried out under the grant in an amount LOANS.—Section 601(n) of such Act (7 U.S.C. amended to read as follows: equal to 5 percent of the amount received under 950bb(m)), as so redesignated by subsections (f) ‘‘SEC. 6405. RURAL FIREFIGHTERS AND EMER- the grant. through (h) of this section, is amended by strik- GENCY MEDICAL SERVICE ASSIST- ‘‘(f) EMERGENCY MEDICAL SERVICES.—In this ing ‘‘2007’’ and inserting ‘‘2012’’. ANCE PROGRAM. section, the term ‘emergency medical services’— SEC. 6024. COMMUNITY CONNECT GRANT PRO- ‘‘(a) GRANTS.—The Secretary shall award ‘‘(1) means resources used by a qualified pub- GRAM. grants to eligible entities to— lic or private nonprofit entity, or by any other Title VI of the Rural Electrification Act of ‘‘(1) enable the entities to provide for im- entity recognized as qualified by the State in- 1936 (7 U.S.C. 950bb) is amended by adding at proved emergency medical services in rural volved, to deliver medical care outside of a med- the end the following: areas; and ical facility under emergency conditions that ‘‘SEC. 602. COMMUNITY CONNECT GRANT PRO- ‘‘(2) pay the cost of training firefighters and occur as a result of— GRAM. emergency medical personnel in firefighting, ‘‘(A) the condition of the patient; or ‘‘(a) ESTABLISHMENT.—The Secretary shall es- emergency medical practices, and responding to ‘‘(B) a natural disaster or similar situation; tablish a grant program to be known as the hazardous materials and bioagents in rural and ‘Community Connect Grant Program’ to provide areas. ‘‘(2) includes (compensated or volunteer) serv- financial assistance to eligible applicants to pro- ‘‘(b) ELIGIBILITY.—To be eligible to receive a ices delivered by an emergency medical services vide broadband transmission service that fosters grant under this section, an entity shall— provider or other provider recognized by the economic growth and delivers enhanced edu- ‘‘(1) be— State involved that is licensed or certified by the cational, health care, and public safety services. ‘‘(A) a State emergency medical services office; State as an emergency medical technician or the ‘‘(B) a State emergency medical services asso- ‘‘(b) ELIGIBILITY.—To be eligible for a grant equivalent (as determined by the State), a reg- ciation; under this section, the applicant must— istered nurse, a physician assistant, or a physi- ‘‘(C) a State office of rural health; ‘‘(1) be legally organized as an incorporated cian that provides services similar to services ‘‘(D) a local government entity; provided by such an emergency medical services tribal organization, an Indian tribe, or tribal or- ‘‘(E) an Indian tribe (as defined in section 4 of provider. ganization, as defined in subsections (b) and (c) the Indian Self-Determination and Education ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— of section 4 of the Indian Self-Determination Assistance Act (25 U.S.C. 450b)); ‘‘(1) IN GENERAL.—There are authorized to be and Education Assistance Act (25 U.S.C. 450b(b) ‘‘(F) a State or local ambulance provider; or appropriated to the Secretary to carry out this and (c)), a State or local unit of government, or ‘‘(G) any other entity determined appropriate section not more than $30,000,000 for each of fis- other legal entity, including a cooperative, pri- by the Secretary; and vate corporation, or limited liability company ‘‘(2) prepare and submit to the Secretary an cal years 2008 through 2012. ‘‘(2) ADMINISTRATIVE COSTS.—Not more than organized on a for-profit or not-for-profit basis; application at such time, in such manner, and 10 percent of the amount appropriated under ‘‘(2) have the legal capacity and authority to containing such information as the Secretary paragraph (1) for a fiscal year may be used for own and operate broadband facilities as pro- may require, that includes— posed in its application, to enter into contracts, ‘‘(A) a description of the activities to be car- administrative expenses.’’. and to otherwise comply with applicable Federal ried out under the grant; and SEC. 6027. VALUE-ADDED AGRICULTURAL MAR- statutes and regulations; or ‘‘(B) an assurance that the applicant will KET DEVELOPMENT PROGRAM. ‘‘(3) be in an eligible rural community (as de- comply with the matching requirement of sub- (a) DEFINITION OF MID-TIER VALUE CHAIN.— fined in section 601(b)(2) of the Rural Elec- section (e). Section 231(a) of the Agricultural Risk Protec- trification Act of 1936). ‘‘(c) USE OF FUNDS.—An entity shall use tion Act of 2000 (7 U.S.C. 1621 note; Public Law ‘‘(c) INELIGIBLE GRANT PURPOSES.—A grant amounts received under a grant made under 106–224) is amended by adding at the end the made under this section may not be used— subsection (a) only in rural areas to— following: ‘‘(1) to finance the duplication of any ‘‘(1) hire or recruit emergency medical service ‘‘(3) MID-TIER VALUE CHAIN.—The term ‘mid- broadband transmission service provided by an- personnel; tier value chain’ means local and regional sup- other entity; or ‘‘(2) recruit or retain volunteer emergency ply networks that link independent producers ‘‘(2) with respect to facilities, to provide local medical service personnel; with businesses and cooperatives that market exchange telecommunications service to any per- ‘‘(3) train emergency medical service personnel value-added agricultural products in a manner son or entity receiving the service. in emergency response, injury prevention, safety that— ‘‘(d) PRIORITY.—In making grants under this awareness, and other topics relevant to the de- ‘‘(A) targets and strengthens the profitability section, the Secretary shall give priority to livery of emergency medical services; and competitiveness of small and medium-sized grants that will enhance community access to ‘‘(4) fund training to meet State or Federal family farms, as defined in regulations pursuant telemedicine and distance learning resources. certification requirements; to Section 302 of the Consolidated Farm and ‘‘(e) MATCHING CONTRIBUTIONS.— ‘‘(5) provide training for firefighters and emer- Rural Development Act; and ‘‘(1) IN GENERAL.—To be eligible to receive a gency medical personnel for improvements to the ‘‘(B) obtains agreement from the eligible agri- grant under subsection (a), a grant applicant training facility, equipment, curricula, and per- cultural producer group, farmer or rancher co- shall provide a matching contribution of at least sonnel; operative, or majority-controlled producer-based 15 percent of the grant amount requested, in ‘‘(6) develop new ways to educate emergency business venture engaged in the value chain in funds and in-kind contributions in a proportion health care providers through the use of tech- the method for price determination.’’. to be determined by the Secretary. nology-enhanced educational methods (such as (b) FUNDING; RESERVATION OF FUNDS; GRANT ‘‘(2) LIMITATIONS.— distance learning); AWARD CRITERIA.—Section 231(b) of such Act (7 ‘‘(A) Costs incurred by or on behalf of an ap- ‘‘(7) acquire emergency medical services vehi- U.S.C. 1621 note; Public Law 106–224) is amend- plicant, for facilities, installed equipment, or cles, including ambulances; ed— other services rendered before submission of a ‘‘(8) acquire emergency medical services equip- (1) by striking paragraph (4) and inserting the completed application shall not be considered to ment, including cardiac defibrillators; following: be for an eligible grant purpose or a matching ‘‘(9) acquire personal protective equipment for ‘‘(4) FUNDING.—Not later than 30 days after contribution. emergency medical services personnel as re- the date of the enactment of this paragraph, on ‘‘(B) Any financial assistance from Federal quired by the Occupational Safety and Health October 1, 2008, and on each October 1 there- sources shall not be considered to be a matching Administration; and after through October 1, 2012, of the funds of

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00170 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.011 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9007 the Commodity Credit Corporation, the Sec- (B) to coordinate among Federal agencies re- Sec. 7112. Assessing the nutritional composition retary shall make available to carry out this garding existing rural broadband or rural initia- of beef products. subsection $30,000,000, to remain available until tives that could be of value to rural broadband Sec. 7113. Sense of Congress regarding funding expended. development; for human nutrition research. ‘‘(5) RESERVATION OF FUNDS FOR PROJECTS TO (C) to address both short- and long-term solu- Subtitle B—National Agricultural Research, BENEFIT BEGINNING FARMERS AND RANCHERS OR tions and needs assessments for a rapid build- Extension, and Teaching Policy Act of 1977 SOCIALLY DISADVANTAGED FARMERS AND RANCH- out of rural broadband solutions and applica- Sec. 7201. Advisory board. ERS AND MID-TIER VALUE CHAINS.— tions for Federal, State, regional, and local gov- Sec. 7202. Advisory board termination. ‘‘(A) IN GENERAL.—The Secretary shall reserve ernment policy makers; Sec. 7203. Renewable energy committee. 10 percent of the amounts made available under (D) to identify how specific Federal agency Sec. 7204. Specialty crop committee report. paragraph (4) to fund projects that benefit be- programs and resources can best respond to Sec. 7205. Inclusion of UDC in grants and fel- ginning farmers and ranchers (as defined in sec- rural broadband requirements and overcome ob- lowships for food and agricultural tion 343(a)(11) of the Consolidated Farm and stacles that currently impede rural broadband sciences education. Rural Development Act) or socially disadvan- deployment; and Sec. 7206. Grants and fellowships for food and taged farmers and ranchers (as defined in sec- (E) to promote successful model deployments agricultural sciences education. tion 355(e) of such Act). and appropriate technologies being used in Sec. 7207. Grants for research on production ‘‘(B) MID-TIER VALUE CHAINS.—The Secretary rural areas so that State, regional, and local and marketing of alcohols and in- shall reserve 10 percent of the amounts made governments can benefit from the cataloging dustrial hydrocarbons from agri- available under paragraph (4) to fund applica- and successes of other State, regional, and local cultural commodities and forest tions of eligible entities described in paragraph governments; and products. (1) that propose to develop mid-tier value (2) a description of goals and timeframes to Sec. 7208. Policy research centers. chains. achieve the strategic plans and visions identi- Sec. 7209. Human nutrition intervention and ‘‘(C) UNOBLIGATED AMOUNTS.—Any amounts fied in the report. health promotion research pro- in the reserves established under subparagraphs SEC. 6032. STUDY OF RAILROAD ISSUES. gram. (A) and (B) that are not obligated by June 30 of (a) IN GENERAL.—The Secretary of Agri- Sec. 7210. Pilot research program to combine the fiscal year shall be available to the Sec- culture, in coordination with the Secretary of medical and agricultural research. retary to make grants under this section to eligi- Transportation, shall conduct a study of rail- Sec. 7211. Nutrition education program. ble entities in any State, as determined by the road issues regarding the movement of agricul- Sec. 7212. Continuing animal health and dis- Secretary.’’; and tural products, domestically produced renewable ease research programs. (2) by adding at the end the following: fuels and domestically produced resources for Sec. 7213. Cooperation among eligible institu- ‘‘(6) CRITERIA TO BE APPLIED IN AWARDING the production of electricity for rural America, tions. GRANTS.—In awarding grants under this section, and economic development in rural America. Sec. 7214. Appropriations for research on na- the Secretary shall consider an application more The study shall include an examination of the tional or regional problems. favorably when compared to other applications following: Sec. 7215. Authorization level of extension at to the extent that the project contributes to in- (1) The importance of freight railroads to— 1890 land-grant colleges. creasing opportunities for operators of small and (A) the delivery of equipment, seed, fertilizer, Sec. 7216. Authorization level for agricultural medium-size farms and ranches structured as and other such products important to the devel- research at 1890 land-grant col- family farms (as defined in regulations pre- opment of agricultural commodities and prod- leges. scribed under section 302 of the Consolidated ucts; Sec. 7217. Grants to upgrade agriculture and Farm and Rural Development Act).’’. (B) the movement of agricultural commodities food sciences facilities at the Dis- SEC. 6028. ASSISTANCE FOR RURAL PUBLIC TELE- and products to market; trict of Columbia Land Grant VISION STATIONS. (C) the delivery of ethanol and other renew- University. Section 2333 of the Food, Agriculture, Con- able fuels; Sec. 7218. Grants to upgrade agricultural and servation and Trade Act of 1990 (7 U.S.C. Sec. (D) the delivery of domestically produced re- food sciences facilities at 1890 950aaa-2) is amended by adding at the end the sources for use in the generation of electricity land-grant colleges, including following: for rural America; Tuskegee University. ‘‘(j) DIGITAL SERVICE TRANSITION ASSISTANCE (E) the location of grain elevators, ethanol Sec. 7219. National research and training vir- FOR PUBLIC TELEVISION STATIONS.—The Sec- plants, and other facilities; tual centers. retary may provide grants under this section to (F) the development of manufacturing facili- Sec. 7220. Matching funds requirement for re- noncommercial education television broadcast ties in rural America; and search and extension activities of stations that serve rural areas for the purposes (G) the vitality and economic development of 1890 institutions. of developing digital facilities, equipment, and rural communities. Sec. 7221. Hispanic-serving institutions. infrastructure to enhance digital services to (2) The sufficiency in rural America of rail- Sec. 7222. Hispanic-serving agricultural colleges rural areas.’’. road capacity, the sufficiency of competition in and universities. SEC. 6029. TELEMEDICINE AND DISTANCE LEARN- the railroad system, the reliability of rail serv- Sec. 7223. International agricultural research, ING SERVICES IN RURAL AREAS. ice, and the reasonableness of railroad prices. extension, and education. (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- (3) The accessibility to rail customers in rural Sec. 7224. Competitive grants for international tion 2335A of the Food, Agriculture, Conserva- America of Federal processes for the resolution agricultural science and edu- tion and Trade Act of 1990 (7 U.S.C. 950aaa-5) of rail customer grievances with the railroads. cation programs. is amended by striking ‘‘2007’’ and inserting (b) REPORT TO THE CONGRESS.—Within 9 Sec. 7225. Limitation on indirect costs for agri- ‘‘2012’’. months after the date of the enactment of this cultural research, education, and (b) CONFORMING AMENDMENT.—Section 1(b) of Act, the Secretary of Agriculture shall submit to extension programs. Public Law 102–551 (7 U.S.C. 950aaa note) is the Congress a report that contains the results Sec. 7226. Research equipment grants. amended by striking ‘‘2007’’ and inserting of the study required by subsection (a), and the Sec. 7227. University research. ‘‘2012’’. recommendations of the Secretary for new Fed- Sec. 7228. Extension service. eral policies to address any problems identified SEC. 6030. GUARANTEES FOR BONDS AND NOTES Sec. 7229. Supplemental and alternative crops. ISSUED FOR ELECTRIFICATION OR by the study. Sec. 7230. Aquaculture research facilities. TELEPHONE PURPOSES. TITLE VII—RESEARCH Sec. 7231. Rangeland research. Section 313A(f) of the Rural Electrification Subtitle A—General Provisions Sec. 7232. Special authorization for biosecurity planning and response. Act of 1936 (7 U.S.C. 940c-1(f)) is amended by Sec. 7101. Definitions. striking ‘‘2007’’ and inserting ‘‘2012’’. Sec. 7233. Resident instruction and distance Sec. 7102. Budget submission and funding. education grants program for in- SEC. 6031. COMPREHENSIVE RURAL BROADBAND Sec. 7103. Additional purposes of agricultural STRATEGY. sular area institutions of higher research and extension. education. Not later than 180 days after the date of the Sec. 7104. National agricultural research pro- enactment of this Act, the Secretary of Agri- gram office. Subtitle C—Food, Agriculture, Conservation, culture shall submit to the President, the Com- Sec. 7105. Establishment of competitive grant and Trade Act of 1990 mittee on Agriculture of the House of Represent- programs under the National In- Sec. 7301. National genetics resources program. atives, and the Committee on Agriculture, Nutri- stitute for Food and Agriculture. Sec. 7302. National agricultural weather infor- tion, and Forestry of the Senate a report de- Sec. 7106. Merging of IFAFS and NRI. mation system. scribing a comprehensive rural broadband strat- Sec. 7107. Capacity building grants for Sec. 7303. Partnerships. egy that includes— ASCARR institutions. Sec. 7304. Aflatoxin research and extension. (1) recommendations— Sec. 7108. Establishment of research labora- Sec. 7305. High-priority research and extension (A) to promote interagency coordination of tories for animal diseases. areas. Federal agencies in regards to policies, proce- Sec. 7109. Grazinglands research laboratory. Sec. 7306. High-priority research and extension dures, and targeted resources, and to improve Sec. 7110. Researcher training. initiatives. and streamline the polices, programs, and serv- Sec. 7111. Fort Reno Science Park research fa- Sec. 7307. Nutrient management research and ices; cility. extension initiative.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00171 Fmt 7634 Sfmt 6343 E:\CR\FM\A30JY7.011 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9008 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Sec. 7308. Agricultural telecommunications pro- and 535 of the Equity in Educational Land- Higher Education Multicultural Scholars Pro- gram. Grant Status Act of 1994 (Public Law 103–382; 7 gram). Sec. 7309. Assistive technology program for U.S.C. 301 note) (commonly known as financial (D) Programs authorized or otherwise admin- farmers with disabilities. assistance, technical assistance, and endow- istered under section 1455 of the National Agri- Sec. 7310. Organic research. ments to tribal colleges and the Navajo Commu- cultural Research, Extension, and Teaching Sec. 7311. National rural information center nity College). Policy Act of 1977 (7 U.S.C. 3241(c)) (commonly clearinghouse. (B) The program established under section 536 known as educational grant programs for His- Sec. 7312. New era rural technology program. of the Equity in Educational Land-Grant Status panic-serving institutions). Subtitle D—Agricultural Research, Extension, Act of 1994 (Public Law 103–382; 7 U.S.C. 301 (E) Integrated research, education, or exten- and Education Reform Act of 1998 note) providing research grants for 1994 institu- sion programs authorized or otherwise adminis- Sec. 7401. Partnerships for high-value agricul- tions. tered under section 406 of the Agricultural Re- tural product quality research. (C) Each program established under sub- search, Extension, and Education Reform Act of Sec. 7402. Precision agriculture. sections (b), (c), and (d) of section 3 of the 1998 (7 U.S.C. 7626) except as provided under Sec. 7403. Biobased products. Smith-Lever Act (7 U.S.C. 343). subsection (a)(14). Sec. 7404. Thomas Jefferson initiative for crop (D) Each program established under the (F) Sustainable Agriculture Research and diversification. Hatch Act of 1887 (7 U.S.C. 361a et seq.). Education (7 U.S.C. 5811). Sec. 7405. Integrated research, education, and (E) Each program established under section (G) Organic Research and Extension Initiative extension competitive grants pro- 1417(b)(4) of the National Agricultural Research, (7 U.S.C. 5925b). gram. Extension, and Teaching Policy Act of 1977 (7 (H) Higher Education Challenge Grants (7 Sec. 7406. Fusarium graminearum grants. U.S.C. 3152(b)(4)), including grant programs U.S.C. 3152(b)(1)). Sec. 7407. Bovine Johne’s disease control pro- under that section (commonly known as the 1890 (I) Food and Agriculture Sciences National gram. Institution Teaching and Research Capacity Needs Graduate and Postgraduate Fellowship Sec. 7408. Grants for youth organizations. Building Grants Program). Grants (7 U.S.C. 3152(b)(6)). Sec. 7409. Agricultural biotechnology research (F) The animal health and disease research (J) International Science and Education Com- and development for developing program established under subtitle E of the Na- petitive Grants (7 U.S.C. 3292b). (K) Community Food Projects Competitive countries. tional Agricultural Research, Extension, and Sec. 7410. Agricultural bioenergy and biobased Teaching Policy Act of 1977 (7 U.S.C. 3191 et Grants (7 U.S.C. 2034). (L) Risk Management Education (7 U.S.C. products research initiative. seq.). 1524). Sec. 7411. Specialty crop research initiative. (G) The program established under section (M) High Priority Research and Extension Sec. 7412. Office of pest management policy. 1445 of the National Agricultural Research, Ex- Areas (7 U.S.C. 5925). tension, and Teaching Policy Act of 1977 (7 Subtitle E—Other Laws (N) Such other programs or parts of programs U.S.C. 3222) (commonly known as the Evans- Sec. 7501. Critical agricultural materials act. as determined appropriate by the Secretary. Allen Program). Sec. 7502. Equity in Educational Land-Grant (3) CAPACITY PROGRAM CRITICAL BASE FUND- (H) The program providing grants to upgrade Status Act of 1994. ING.—The term ‘‘capacity program critical base Sec. 7503. Agricultural experiment station Re- agricultural and food sciences facilities at 1890 funding’’ means the aggregate amount of Fed- search Facilities Act. Institutions established under section 1447 of the eral funds made available for all or individual Sec. 7504. National Agricultural Research, Ex- National Agricultural Research, Extension, and capacity programs for fiscal year 2007, as appro- tension, and Teaching Policy Act Teaching Policy Act of 1977 (7 U.S.C. 3222b). priate. (I) The program providing distance education Amendments of 1985. (4) COMPETITIVE PROGRAM CRITICAL BASE grants for insular areas established under sec- Sec. 7505. Competitive, Special, and Facilities FUNDING.—The term ‘‘competitive program crit- Research Grant Act (national re- tion 1490 of the National Agricultural Research, ical base funding’’ means the aggregate amount search initiative). Extension, and Teaching Policy Act of 1977 (7 of Federal funds made available for all or indi- Sec. 7506. Agricultural Risk Protection Act of U.S.C. 3362). vidual competitive programs for fiscal year 2007, 2000 (carbon cycle research). (J) The program providing resident instruction as appropriate. Sec. 7507. Renewable Resources Extension Act grants for insular areas established under sec- (5) ASCARR INSTITUTION.— of 1978. tion 1491 of the National Agricultural Research, (A) IN GENERAL.—The term ‘‘ASCARR Institu- Sec. 7508. National Aquaculture Act of 1980. Extension, and Teaching Policy Act of 1977 (7 tion’’ means a public college or university offer- Sec. 7509. Construction of a Chinese Garden at U.S.C. 3363). ing a baccalaureate or higher degree in the the National Arboretum. (K) Each research and development and re- study of agriculture. Sec. 7510. Public education regarding use of lated program established under Public Law 87– (B) EXCLUSIONS.—The term ‘‘ASCARR Insti- biotechnology in producing food 788 (commonly known as the McIntire-Stennis tution’’ does not include Hispanic-serving agri- for human consumption. Cooperative Forestry Act; 16 U.S.C. 582a et cultural colleges or any institution designated Sec. 7511. Fresh cut produce safety grants. seq.). under— Sec. 7512. UDC/EFNEP Eligibility. (L) Each program established under the Re- (i) the Act of July 2, 1862 (commonly known as Sec. 7513. Smith-Lever Act. newable Resources Extension Act of 1978 (16 the ‘‘First Morrill Act’’; 7 U.S.C. 301 et seq.); Sec. 7514. Hatch Act of 1987. U.S.C. 1671 et seq.). (ii) the Act of August 30, 1890 (commonly Subtitle F—Additional Provisions (M) The capacity building grant program for known as the ‘‘Second Morrill Act’’; 7 U.S.C. ASCARR Institutions established under this 321 et seq.); or Sec. 7601. Merit review of extension and edu- Act. (iii) the Equity in Educational Land-Grant cational grants. (N) Such other programs or parts of programs Status Act of 1994 (Public Law 103–382; 7 U.S.C. Sec. 7602. Review of plan of work requirements. as determined appropriate by the Secretary. 301 note). Sec. 7603. Multistate and integration funding. (O) The program providing competitive exten- (6) SECRETARY.—The term ‘‘Secretary’’ means Sec. 7604. Expanded food and nutrition edu- sion grants to eligible 1994 institutions under the Secretary of Agriculture. cation program. section 3(b)(3) of the Smith-Lever Act (7 U.S.C. (7) DIRECTORS.—The term ‘‘Directors’’ refers Sec. 7605. Grants to 1890 schools to expand ex- 343(b)(3)). to those directors appointed under section 7104. tension capacity. (2) COMPETITIVE PROGRAMS.—The term ‘‘com- (8) UNDER SECRETARY.—The term ‘‘Under Sec- Sec. 7606. Borlaug international agricultural petitive programs’’ means the competitive pro- retary’’ means the Under Secretary of Agri- science and technology fellowship gram in subparagraph (N) and each of the fol- culture for Research, Education, and Econom- program. lowing agricultural research, extension, edu- ics. Sec. 7607. Support for research regarding dis- cation, and related programs for which the Sec- (9) HISPANIC-SERVING AGRICULTURAL COL- eases of wheat, triticale, and bar- retary has administrative or other authority as LEGE.—The term ‘‘Hispanic-serving agricultural ley caused by fusarium of the day before the date of enactment of this college’’ means a college or university that— graminearum or by tilletia indica. Act: (A) qualifies as a ‘‘Hispanic-serving institu- Sec. 7608. Cost Recovery. (A) Competitive grant programs authorized or tion’’ as defined in section 502(a)(5) of the High- Sec. 7609. Organic Food and Agricultural Sys- otherwise administered by the Department of er Education Act of 1965 (20 U.S.C. 1101a(a)(5)); tems Funding. Agriculture under the terms of section 2(b) of and Subtitle A—General Provisions the Competitive, Special and Facilities Research (B) offers a baccalaureate degree program in SEC. 7101. DEFINITIONS. Grant (7 U.S.C. 450i). an agricultural or food science-related dis- For purposes of this title: (B) Institution Challenge Grants, adminis- cipline. (1) CAPACITY PROGRAM.—The term ‘‘capacity tered under 1417(j) of the National Agricultural SEC. 7102. BUDGET SUBMISSION AND FUNDING. program’’ means the capacity program in sub- Research, Extension, and Teaching Policy Act (a) BUDGET REQUEST.—The President shall paragraph (M) and each of the following agri- of 1977, as amended (7 U.S.C. 3152(j)). submit to Congress, together with the annual cultural research, extension, education, and re- (C) Grants and related authorities authorized budget submission of the President, a single lated programs for which the Secretary has ad- or otherwise administered by the Secretary of budget line item reflecting the total amount re- ministrative or other authority as of the day be- Agriculture under section 1417(b)(5) of the Na- quested by the President for funding for capac- fore the date of enactment of this Act: tional Agricultural Research, Extension, and ity programs, and a single budget line item re- (A) Each program providing funding to any of Teaching Policy Act of 1977, as amended (7 flecting the total amount requested by the Presi- the 1994 institutions under sections 533, 534(a), U.S.C. 3152(b)(5)) (commonly known as the dent for funding for competitive programs for

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00172 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.011 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9009 that fiscal year and for the previous 5 fiscal ‘‘(10) to position the agricultural research, ex- retary, in coordination with the Director of each years. tension, education, and related programs system Program Office and taking into consideration (b) CAPACITY PROGRAM REQUEST.— to increase the contribution of the system to so- the advice of the Board, shall ensure, to the (1) CRITICAL BASE FUNDING.—Up to the ciety through the expansion of the portfolio of maximum extent practicable, that the research, amount of the capacity program critical base the system.’’. education, and extension programs are adminis- funding level, any funds requested for capacity SEC. 7104. NATIONAL AGRICULTURAL RESEARCH tered, funded, and carried out— programs in the budget submission single line PROGRAM OFFICE. (A) in an integrated, multidisciplinary, inter- item shall be apportioned among the capacity (a) ESTABLISHMENT.—The Under Secretary disciplinary, interagency, and interinstitutional programs based on priorities established by the shall organize within the office of the Under manner that ensures— Under Secretary in conjunction with the Direc- Secretary 6 research Program Offices to be (i) the most efficient collaborative use of re- tors. known collectively as the National Agricultural sources; and (2) ADDITIONAL FUNDING.—Of the funds re- Research Program Office, which shall coordi- (ii) the focus of all resources and activities on quested for capacity programs in excess of the nate the programs and activities of the research strategic, priority, problem, opportunity, and so- capacity program critical base funding level, agencies within the mission area in an inte- lution areas identified by the Under Secretary budgetary emphasis should be placed on en- grated, multidisciplinary, interdisciplinary, and the Directors, taking into consideration the hancing funding for the 1890, 1994, ASCARR In- interagency, and interinstitutional manner, to advice of the Board; and stitutions, Hispanic-serving agricultural col- the maximum extent practicable. The Program (B) among applicable participants, grantees, leges, and small 1862 institutions. Offices within the National Agricultural Re- and beneficiaries, in a coordinated manner that (c) COMPETITIVE PROGRAM REQUEST.— search Program Office are as follows: encourages and ensures— (1) CRITICAL BASE FUNDING.—Up to the (1) Renewable energy, natural resources, and (i) the most efficient collaborative application amount of the competitive program critical base environment. of resources; and funding level, any funds requested for competi- (2) Food safety, nutrition, and health. (ii) the focus of all resources and activities on tive programs in the budget submission single (3) Plant health and production. strategic, priority, problem, opportunity, and so- line item shall be apportioned among the com- (4) Animal health and production and animal lution areas on a local, State, tribal, regional, petitive programs based on priorities established products. national, and international basis, as the Under by the Under Secretary in conjunction with the (5) Agriculture systems and technology. Secretary and each Director, taking into consid- Directors. (6) Agriculture economics and rural commu- eration the advice of the Board, determine to be (2) ADDITIONAL FUNDING.—Of the funds re- nities. appropriate. quested for competitive programs in excess of the (b) QUALIFICATIONS OF DIRECTORS.— (2) SCOPE.—Each Director, in consultation competitive program critical base funding level, (1) APPOINTMENT AND CLASSIFICATION.—The with the Under Secretary and the Board, shall budgetary emphasis shall be placed on enhanc- Under Secretary shall appoint a Director for ensure, through the integration and coordina- ing funding for emerging problems and their so- each Program Office as a senior level position in tion under paragraph (1), that opportunities are lutions. the competitive service. maximized with respect to— (A) the use of appropriate authorities, agen- (d) FUNDING.— (2) QUALIFICATIONS.—To be eligible for ap- cies, institutions, disciplines, and activities; and (1) CRITICAL BASE FUNDING.—Up to the total pointment as a Director, an individual shall (B) the inclusion of appropriate participants aggregate amount of the capacity program crit- have— and other beneficiaries in those activities, in- ical base funding level and the competitive pro- (A) conducted outstanding research, edu- cluding intramural, extramural, Government, gram critical base funding level, funds appro- cation, or extension in the field of agriculture or university, extension, and international, as de- priated or otherwise made available shall be ap- forestry; termined by the Under Secretary. portioned among each of the capacity programs (B) earned a doctoral level degree at an insti- tution of higher education (as defined in section (f) FUNDING.—The Under Secretary shall fund and the competitive programs based on priorities each Program Office through the appropriations established by the Under Secretary in conjunc- 101 of Public Law 89–329 (20 U.S.C. 1001)); and (C) met qualification standards prescribed by available to the various agencies within the mis- tion with the Directors. sion area. The aggregate staff for all Program (2) ADDITIONAL FUNDING.— the Director of the Office of Personnel Manage- Offices shall not exceed 30 full-time equivalent (A) CAPACITY FUNDING.—Of the funds appro- ment for appointment to a senior level position positions and shall be filled by current full-time priated or otherwise made available for capacity of the competitive service. equivalent positions. programs in excess of the capacity program crit- (c) DUTIES OF DIRECTORS.—Except as other- wise provided in this Act, each Director as ap- (g) ORGANIZATION.—The Under Secretary ical base funding level, funding emphasis should shall integrate leadership functions of the na- be placed on enhancing funding for the 1890, pointed by the Secretary shall— (1) formulate programs in consultation with tional program staff of the research agencies 1994, ASCARR Institutions, Hispanic-serving the National Agricultural Research, Extension, into the National Agricultural Research Pro- agricultural colleges, and small 1862 institu- Education, and Economics Advisory Board (7 gram Office in such form as required to ensure tions. U.S.C. 3123) (hereinafter referred to as the that the Directors of the Program Offices are the OMPETITIVE FUNDING.—Of the funds ap- (B) C primary program leaders for the mission areas of propriated or otherwise made available for com- ‘‘Board’’); (2) assess strategic workforce needs of re- the integrated agencies and that administrative petitive programs in excess of the competitive search, education, extension, and other fields; duplication does not occur. program critical base funding level, budgetary (3) cooperate with the Board to plan programs (h) PRIORITIZING FEDERAL RESEARCH ACTIVI- emphasis shall be placed on enhancing funding that assist in meeting the future personnel needs TIES FOR SPECIALTY CROPS.—The Under Sec- for emerging problems and solutions. of disciplines and programs; retary, in coordination with the Directors of rel- (e) AUTHORIZATION OF APPROPRIATIONS.— (4) develop strategic planning for department- evant Program Offices, shall— There are authorized to be appropriated such wide research, education, extension, and related (1) coordinate with and assist producers and sums as necessary to carry out this section. activities; organizations comprised of program bene- (f) COMPETITIVE PROGRAMS.—For the pur- (5) establish department-wide priorities for re- ficiaries working together to develop and imple- poses of this section, the term ‘‘competitive pro- search, education, extension, and related pro- ment applied research and extension related to grams’’ includes only those programs for which grams; the United States specialty crop industry; annual appropriations are requested in the (6) communicate with research, education, (2) facilitate in the delivery of information to President’s budget. and extension beneficiaries to identify their beneficiaries in a user-friendly form, in addition SEC. 7103. ADDITIONAL PURPOSES OF AGRICUL- needs; and to a standard research publication, and reward TURAL RESEARCH AND EXTENSION. (7) perform such other duties deemed nec- providers for their abilities to deliver informa- Section 1403 of the National Agricultural Re- essary by the Secretary. tion to both the scientific community and the search, Extension, and Teaching Policy Act of (d) ADMINISTRATION.—The Under Secretary, end-user; and 1977 (7 U.S.C. 3102) is amended— in conjunction with the Directors and in con- (3) ensure coordination among research initia- (1) in paragraph (6), by striking ‘‘and’’ at the sultation with the Board, shall direct and co- tives funded and sponsored by the Department end; ordinate research, education, and extension pro- of Agriculture. (2) in paragraph (7), by striking the period grams within the relevant agencies of the De- SEC. 7105. ESTABLISHMENT OF COMPETITIVE and inserting a semicolon; and partment of Agriculture to focus those programs, GRANT PROGRAMS UNDER THE NA- (3) by adding after paragraph (7) the fol- and the participants, grantees, and other bene- TIONAL INSTITUTE FOR FOOD AND lowing: ficiaries of those programs, on— AGRICULTURE. ‘‘(8) to integrate and organize the administra- (1) understanding important problem areas Any office established to administer competi- tion of the agricultural research, extension, edu- and opportunities relating to a program; tive programs under section 7101(b)(2), including cation, and related programs administered by (2) discovering and implementing solutions to the Agricultural Bioenergy and Biobased Prod- the Secretary of Agriculture to respond to 21st address those problem areas; ucts Research Initiative, the Specialty Crop Re- century challenges and continue to meet the (3) exploring other opportunities provided search Initiative, and Fresh Cut Produce Safety needs of society from a local, tribal, State, na- under the programs; and Grants created by this Act, shall be referred to tional, and international perspective; (4) national, regional and local priorities. as the National Institute of Food and Agri- ‘‘(9) to minimize duplication, and maximize (e) PROGRAM INTEGRATION AND COORDINA- culture. coordination and integration, among all of the TION.— SEC. 7106. MERGING OF IFAFS AND NRI. programs at all levels through a solution-based (1) IN GENERAL.—In accordance with applica- (a) AMENDMENT.—Subsection (b) of the Com- approach; and ble law (including regulations), the Under Sec- petitive, Special, and Facilities Research Grant

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00173 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.012 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9010 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Act (7 U.S.C. 450i(b)) is amended to read as fol- education strengthening and research oppor- ‘‘(F) to ensure that the faculty of small and lows: tunity. mid-sized institutions who have not previously ‘‘(b) COMPETITIVE GRANT PROGRAMS.— ‘‘(iv) Not more than 2 percent may be used for been successful in obtaining competitive grants ‘‘(1) COMPETITIVE BASIS.—The Secretary of equipment grants under paragraph (13)(D). under this subsection receive a portion of the Agriculture is authorized to make competitive ‘‘(B) MATCHING FUNDS.—Except as provided in grants; and grants for the purposes and priorities estab- this subparagraph, the Secretary may not take ‘‘(G) to improve research capabilities in States lished under this subsection. the offer or availability of matching funds into (as defined in the National Agricultural Re- ‘‘(2) TERM.—The term of a competitive grant consideration in making a grant under this sub- search, Extension, and Teaching Policy Act of made under this subsection may not exceed 10 section. In the case of grants under paragraph 1977 (7 U.S.C. 3101 et seq.)) in which institutions years. (13)(D), the amount provided under this sub- have been less successful in receiving funding ‘‘(3) GENERAL ADMINISTRATION.—In making section may not exceed 50 percent of the cost of under this subsection, based on a 3-year rolling grants under this subsection, the Secretary the special research equipment or other equip- average of funding levels. shall— ment acquired. The Secretary may waive all or ‘‘(14) DIVISION OF FUNDS.—Of the funds made ‘‘(A) seek and accept proposals for grants; part of the matching requirement under this available to carry out this subsection, 60 percent ‘‘(B) determine the relevance and merit of pro- subparagraph in the case of a college, univer- shall be used to fund programs under paragraph posals through a system of peer and merit re- sity, or research foundation maintained by a (9) and 40 percent shall be used to fund pro- view in accordance with section 103 of the Agri- college or university that ranks in the lowest grams under paragraph (10). cultural Research, Extension, and Education one-third of such colleges, universities, and re- ‘‘(15) TRANSFER OF FUNDS FROM THE INITIA- Reform Act of 1998 (7 U.S.C. 7613); search foundations on the basis of Federal re- TIVE FOR FUTURE AGRICULTURE AND FOOD SYS- ‘‘(C) award grants on the basis of merit, qual- search funds received if the equipment to be ac- TEMS.—Funds made available pursuant to sec- ity, and relevance to advancing the purposes quired costs not more than $25,000 and has mul- tion 401(b)(3)(D) of the Agricultural Research, and priorities established under paragraphs (8) tiple uses within a single research project or is Extension, and Education Reform Act of 1998 (7 and (12) of this subsection; usable in more than 1 research project. U.S.C. 7621 (b)(3)(D)) shall be transferred to the ‘‘(D) solicit and consider input from persons ‘‘(10) INITIATIVE FOR FUTURE AGRICULTURAL program established under this subsection. who conduct or use agricultural research, exten- AND FOOD SYSTEMS MATCHING FUNDS.—As a con- ‘‘(16) AUTHORIZATION OF APPROPRIATIONS.— sion, or education in accordance with section dition of making a grant under this paragraph, ‘‘(A) There is authorized to be appropriated to 102(b) of the Agricultural Research, Extension, the Secretary shall require the funding of the carry out this subsection $500,000,000 for each of and Education Reform Act of 1998 (7 U.S.C. grant be matched with equal matching funds fiscal years 2008 through 2012. 7612(b)); and from a non-Federal source if the grant is— ‘‘(B) Funds made available in each fiscal year ‘‘(E) in seeking proposals for grants under ‘‘(A) for applied research that is commodity- shall remain available until expended to pay for this subsection and in performing peer review specific; and obligations incurred in that fiscal year.’’. ‘‘(B) not of national scope. evaluations of such proposals, seek the widest (b) REPEALS.—The following provisions are ‘‘(11) RESEARCH PRIORITIES.—The research hereby repealed: participation of qualified scientists in the Fed- priorities for the programs established in para- eral Government, colleges and universities, State (1) Section 401 of the Agricultural Research, graph (8) shall be consistent with the priorities Extension, and Education Reform Act of 1998 (7 agricultural experiment stations, and the pri- in effect for the National Research Initiative (7 vate sector. U.S.C. 7621). U.S.C. 450i(b)) and Initiative for Future Agri- (2) Subsection (2)(d) of the Competitive, Spe- ‘‘(4) ELIGIBLE ENTITIES.—The Secretary may cultural and Food Systems (7 U.S.C. 7621) on make a grant under this subsection to State ag- cial, and Facilities Research Grant Act of 1965 the day before the date of enactment of this sub- (7 U.S.C. 450i(c)). ricultural experiment stations, all colleges and section. Priorities under the Initiative for Fu- SEC. 7107. CAPACITY BUILDING GRANTS FOR universities, university research foundations, ture Agricultural and Food Systems shall in- other research institutions and organizations, ASCARR INSTITUTIONS. clude classical plant and animal breeding. (a) GRANT PROGRAM.— Federal agencies, national laboratories, private ‘‘(12) PROGRAM ADMINISTRATION.—To the organizations or corporations, and individuals, (1) IN GENERAL.—The Secretary shall make greatest extent possible, the Under Secretary, in competitive grants to ASCARR Institutions to for research to further the programs of the De- conjunction with the Directors of the National partment of Agriculture. assist the ASCARR Institutions in maintaining Agricultural Research Program Offices estab- and expanding the capacity of the ASCARR In- ‘‘(5) ADMINISTRATIVE COSTS.—Not more than 4 lished in section 7104 of the Farm, Nutrition, percent of funds made available pursuant to stitutions to conduct education, research, and and Bioenergy Act of 2007, shall allocate these outreach activities relating to— this subsection may be retained by the Secretary grants to high priority research taking into con- to pay administrative costs incurred by the Sec- (A) agriculture; sideration, when available, the determinations (B) renewable resources; and retary in carrying out this subsection. made by the National Agricultural Research, (C) other similar disciplines. ‘‘(6) CONSTRUCTION PROHIBITED.—Funds made Extension, Education, and Economics Advisory (2) USE OF FUNDS.—An ASCARR Institution available for grants under this subsection shall Board (as established under section 1408 of the that receives a grant under subsection (a)(1) not be used for the construction of a new build- National Agricultural Research, Extension, and may use the funds made available through the ing or facility or the acquisition, expansion, re- Teaching Policy Act of 1977 (7 U.S.C. 3123). grant to maintain and expand the capacity of modeling, or alteration of an existing building ‘‘(13) SPECIAL CONSIDERATIONS.—In addition the ASCARR Institution— or facility (including site grading and improve- to making research grants under paragraph (9), (A) to successfully compete for funds from ment and architect fees). the Secretary may conduct a program to improve Federal grants and other sources to carry out ‘‘(7) PURPOSES.—The purposes of the pro- research capabilities in the agricultural, food, educational, research, and outreach activities grams established under paragraph (8) shall re- and environmental sciences and award the fol- that address priority concerns of national, re- flect the purposes and additional purposes of lowing categories of competitive grants. Grants gional, State, and local interest; agricultural research, extension, and education may be awarded— (B) to disseminate information relating to pri- reflected in sections 1402 and 1403 of the Na- ‘‘(A) to a single investigator or coinvestigators ority concerns to— tional Agricultural Research, Extension, and within the same discipline; (i) interested members of the agriculture, re- Teaching Policy Act of 1977 (7 U.S.C. 3101 and ‘‘(B) to teams of researchers from different newable resources, and other relevant commu- 3102). areas of agricultural research and scientific dis- nities; ‘‘(8) BASIC AND APPLIED RESEARCH PRO- ciplines; (ii) the public; and GRAMS.—The Secretary shall establish 2 distinct ‘‘(C) to multidisciplinary teams that are pro- (iii) any other interested entity; programs of agricultural research, one to fund posing research on long-term applied research (C) to encourage members of the agriculture, fundamental, basic research pursuant to para- problems, with technology transfer a major com- renewable resources, and other relevant commu- graph (9) to be known as the National Research ponent of all such grant proposals; nities to participate in priority education, re- Initiative and one to fund applied, integrated ‘‘(D) to an institution to allow for the im- search, and outreach activities by providing research, education, and extension pursuant to provement of the research, development, tech- matching funding to leverage grant funds; and paragraph (10) to be known as the Initiative for nology transfer, and education capacity of the (D) through— Future Agricultural and Food Systems. institution through the acquisition of special re- (i) the purchase or other acquisition of equip- ‘‘(9) NATIONAL RESEARCH INITIATIVE.— search equipment and the improvement of agri- ment and other infrastructure (not including al- ‘‘(A) ALLOCATION.—The allocation of funds to cultural education and teaching; however the teration, repair, renovation, or construction of the National Research Initiative shall be as fol- Secretary shall use not less than 25 percent of buildings); lows: the funds made available for grants under this (ii) the professional growth and development ‘‘(i) Not less than 30 percent shall be available subparagraph to provide fellowships to out- of the faculty of the ASCARR Institution; and to make grants for research to be conducted by standing pre- and post-doctoral students for re- (iii) the development of graduate multidisciplinary teams. search in the agricultural sciences; assistantships. ‘‘(ii) Not less than 20 percent shall be avail- ‘‘(E) to a single investigator or coinvestigators (b) AUTHORIZATION OF APPROPRIATIONS.— able to make grants for research to be conducted who are beginning their research careers and do There are authorized to be appropriated to carry by persons conducting mission-linked systems not have an extensive research publication out this section such sums as are necessary for research. record; however, to be eligible for a grant under each fiscal year 2008 through 2012. ‘‘(iii) Not less than 10 percent shall be avail- this subparagraph, an individual shall be with- SEC. 7108. ESTABLISHMENT OF RESEARCH LAB- able to make grants under subparagraphs (D), in 5 years of the individual’s initial career track ORATORIES FOR ANIMAL DISEASES. (F), and (G) of paragraph (13) for research and position; (a) DEFINITIONS.—In this section—

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(1) ANIMAL DISEASE.—The term ‘‘animal dis- SEC. 7110. RESEARCHER TRAINING. ties at these centers should be preserved and co- ease’’ has the meaning given the term by the (a) REQUIREMENT.—The Secretary shall re- ordinated with other human nutrition research Secretary. quire that persons receiving funds under section activities. (2) IMPORT.—The term ‘‘import’’ means to 1668(g)(2) of the Food, Agriculture, Conserva- Subtitle B—National Agricultural Research, move from a place outside the territorial limits tion, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)) Extension, and Teaching Policy Act of 1977 of the United States to a place within the terri- to conduct research concerning genetically engi- torial limits of the United States. neered plants, including seed and other propa- SEC. 7201. ADVISORY BOARD. (3) LIVE VIRUS.—The term ‘‘live virus’’ means gative materials, complete a training program Section 1408(g)(1) of the National Agricultural a live virus of foot-and-mouth disease or a live approved by the Secretary. Research, Extension, and Teaching Policy Act virus of any other animal disease that is a (b) CERTIFICATION OF THIRD-PARTY PRO- of 1977 (7 U.S.C. 3123(g)(1)) is amended by strik- threat to the health of livestock, as determined VIDERS.—Not later than 180 days after the date ing ‘‘$350,000’’ and inserting ‘‘$500,000’’. by the Secretary. of the enactment of this Act, the Secretary shall SEC. 7202. ADVISORY BOARD TERMINATION. (4) SECRETARY.—The term ‘‘Secretary’’ means establish a system for approving individuals and Section 1408(h) of the National Agricultural the Secretary of Agriculture. entities to provide training under subsection (a), Research, Extension, and Teaching Policy Act (5) STATE.—The term ‘‘State’’ means any of including criteria for the evaluation of trainers of 1977 (7 U.S.C. 3123(h)) is amended by striking the States, the District of Columbia, the Com- or potential trainers. ‘‘2007’’ and inserting ‘‘2012’’. monwealth of Puerto Rico, Guam, the Common- (c) EXPERTISE.—In establishing criteria for the wealth of the Northern Mariana Islands, the SEC. 7203. RENEWABLE ENERGY COMMITTEE. evaluation of potential trainers, the Secretary The National Agricultural Research, Exten- Virgin Islands of the United States, or any terri- shall ensure that individuals and entities with tory or possession of the United States. sion, and Teaching Policy Act of 1977 is amend- expertise in quality management systems, plant ed by inserting after section 1408A the following: (6) UNITED STATES.—The term ‘‘United States’’ breeding and genetics, and the technical aspects means all of the States. of the Federal regulatory process for agricul- ‘‘SEC. 1408B. RENEWABLE ENERGY COMMITTEE. (b) ANIMAL DISEASE RESEARCH.— tural biotechnology, are eligible to become ap- ‘‘(a) INITIAL MEMBERS.—Not later than 90 (1) ESTABLISHMENT OF RESEARCH FACILITIES.— proved trainers under subsection (b). days after the date of the enactment of this sec- The Secretary is authorized to establish research tion, the executive committee of the Advisory SEC. 7111. FORT RENO SCIENCE PARK RESEARCH laboratories, including the acquisition of nec- Board shall establish and appoint the initial essary land, buildings, or facilities, for research FACILITY. The Secretary of Agriculture may lease land members of a permanent renewable energy com- on animal diseases in the United States. mittee that shall be responsible for studying the (2) ACTIVITIES AUTHORIZED WHEN DISEASE to the University of Oklahoma at the Grazinglands Research Laboratory at El Reno, scope and effectiveness of research, extension, THREATENS LIVESTOCK.—To the extent the Sec- and economics programs affecting the renewable retary determines that an animal disease con- Oklahoma, on such terms and conditions as the University and the Secretary may agree in fur- energy industry. stitutes a threat to the livestock industry, the ‘‘(b) NON-ADVISORY BOARD MEMBERS.—Indi- Secretary is authorized to conduct research, therance of cooperative research and existing easement arrangements. viduals who are not members of the Advisory diagnostics, and other activities related to the Board may be appointed as members of the re- animal disease. SEC. 7112. ASSESSING THE NUTRITIONAL COM- newable energy committee. Members of the re- POSITION OF BEEF PRODUCTS. (c) RESTRICTIONS REGARDING LIVE VIRUS.— newable energy committee shall serve at the dis- (1) IN GENERAL.—Except as provided in para- (a) STUDY.—Not later than 1 year after the cretion of the executive committee. graphs (2), (3), and (4), a person or State or date of the enactment of this Act, the Secretary ‘‘(c) REPORT BY RENEWABLE ENERGY COM- Federal agency may not— shall award a grant, contract, or other agree- MITTEE.—Not later than 180 days after the es- (A) import a live virus into the United States; ment with an appropriate land-grant university tablishment of the renewable energy committee, (B) transport a live virus within the United to update the Department of Agriculture’s Nu- and annually thereafter, the renewable energy States; and trient Composition Handbook for Beef, also committee shall submit to the Advisory Board a (C) store and maintain a live virus at a re- known as Handbook #8–13. The Handbook shall report containing the findings of its study under search facility. incorporate accurate and current data collected subsection (a). The renewable energy committee (2) AUTHORITY OF THE SECRETARY.—The Sec- by the university to be used by Federal agencies, shall include in each report its recommenda- retary of Agriculture may— private industries, health organizations, and tions. (A) import a live virus into the United States; consumers to determine important diet and (B) transport a live virus within the United OORDINATION OF UNCTIONS health-related issues associated with the con- ‘‘(d) C F .—In car- States; and sumption of beef and beef products. rying out its functions, the Renewable Energy (C) store and maintain a live virus at a re- Committee shall coordinate with the Biomass (b) AUTHORIZATION OF APPROPRIATIONS.— search facility. There are authorized to be appropriated such Research and Development Act Committee. (3) PERMITS.— ‘‘(e) MATTERS TO BE CONSIDERED IN BUDGET (A) IN GENERAL.—If the Secretary determines sums as are necessary to carry out this section to be available until expended . RECOMMENDATION.—In preparing the annual that it is in the public interest to do so, the Sec- budget recommendations for the Department, retary may issue a permit to allow a private per- SEC. 7113. SENSE OF CONGRESS REGARDING the Secretary shall take into consideration those son or a State or Federal agency to— FUNDING FOR HUMAN NUTRITION RESEARCH. findings and recommendations contained in the (i) import a live virus into the United States; most recent report of the renewable energy com- (ii) transport a live virus within the United It is the sense of the Congress that— (1) human nutrition research has the poten- mittee that are adopted by the Advisory Com- States; and mittee. (iii) store and maintain a live virus at a re- tial for improving the health status of the Amer- ican public through studies that help deter- ‘‘(f) REPORT BY THE SECRETARY.—In the budg- search facility. et material submitted to Congress by the Sec- (B) PERMIT TERMS.—A permit issued under mine— retary in connection with the budget submitted this paragraph shall be subject to terms and (A) the food and beverage intakes of Ameri- pursuant to section 1105 of title 31, United conditions prescribed by the Secretary. cans and the nutrient composition of the food States Code, for a fiscal year, the Secretary (4) LIMITATION.—Nothing in this section shall supply; apply to the importation, transportation, stor- (B) the relationship between diet and obesity, shall include a report describing how the Sec- age, and maintenance of any live virus governed particularly to prevent childhood obesity; retary addressed each recommendation of the re- by regulations promulgated pursuant to section (C) the authoritative, peer-reviewed, science- newable energy committee described in sub- 351A of the Public Health Service Act (42 U.S.C. based evidence that forms the basis for Federal section (e) of this section.’’. 262a) or the Agricultural Bioterrorism Protection nutrition policy, dietary guidelines and pro- SEC. 7204. SPECIALTY CROP COMMITTEE REPORT. Act of 2002 (7 U.S.C. 8401). grams; and Section 1408A(c) of the National Agricultural (d) AUTHORIZATION OF APPROPRIATIONS.—In (D) the nutrient requirements for individuals Research, Extension, and Teaching Policy Act addition to funds otherwise available for the at various stages in the lifespan and for vulner- of 1977 (7 U.S.C. 3123a(c)) is amended by adding control or eradication of animal diseases, there able populations, particularly children and the at the end the following: are authorized to be appropriated such sums as elderly; ‘‘(4) Analyses of the specialty crop sector, in- necessary to carry out this section. (2) human nutrition research holds the poten- cluding the impact of changes in domestic and SEC. 7109. GRAZINGLANDS RESEARCH LABORA- tial for identifying factors in crops and livestock international markets, production and new TORY. that provide nutrition benefits to humans and product technologies, alternative policies and Notwithstanding any other provision of law, add value for producers; macroeconomic conditions on specialty crop pro- without specific authorization by an Act of Con- (3) the potential cost savings to Federal health duction, use, farm and retail prices, and farm gress, the Federal land and facilities at El Reno, programs, combined with the boost in revenues income and financial stability from a national, Oklahoma, currently administered by the Sec- for farmers who produce nutritionally enhanced regional, and farm-level perspective. retary of Agriculture as the Grazinglands Re- foods, justifies an increase in funding to a level ‘‘(5) Review of the economic state of the spe- search Laboratory, shall not at any time, in sufficient to conduct this essential research; and cialty crop industry from a regional perspective. whole or part, be declared to be excess or sur- (4) the USDA regional human nutritional re- ‘‘(6) Development of data that provides ap- plus Federal property under chapter 5 of sub- search centers have unique value in linking pro- plied information useful to specialty crop grow- title I of title 40, United States Code, or other- ducer and consumer interests into investigations ers, their associations, and other interested wise be conveyed or transferred in whole or in of food and human nutrition issues and con- beneficiaries in evaluating that industry from a part. ducting long-term nutrition studies; and activi- regional and national perspective.’’.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00175 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.012 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9012 CONGRESSIONAL RECORD — HOUSE July 30, 2007 SEC. 7205. INCLUSION OF UDC IN GRANTS AND of 1977 (7 U.S.C. 3174a(d)) is amended by strik- SEC. 7220. MATCHING FUNDS REQUIREMENT FOR FELLOWSHIPS FOR FOOD AND AGRI- ing ‘‘2007’’ and inserting ‘‘2012’’. RESEARCH AND EXTENSION ACTIVI- CULTURAL SCIENCES EDUCATION. TIES OF 1890 INSTITUTIONS. SEC. 7211. NUTRITION EDUCATION PROGRAM. Section 1417 of the National Agricultural Re- Section 1449(c) of the National Agricultural Section 1425(c)(3) of the National Agricultural search, Extension, and Teaching Policy Act of Research, Extension, and Teaching Policy Act Research, Extension, and Teaching Policy Act 1977 (7 U.S.C. 3152) is amended— of 1977 (7 U.S.C. 3222d(c)) is amended in the first of 1977 (7 U.S.C. 3175(c)(3)) is amended by strik- (1) in subsection (b), by inserting ‘‘including sentence by striking ‘‘for each of fiscal years ing ‘‘2007’’ and inserting ‘‘2012’’. the University of the District of Columbia,’’ 2003 through 2007,’’. SEC. 7212. CONTINUING ANIMAL HEALTH AND after ‘‘universities,’’; and SEC. 7221. HISPANIC-SERVING INSTITUTIONS. (2) in subsection (d)(2), by inserting ‘‘, includ- DISEASE RESEARCH PROGRAMS. Section 1433(a) of the National Agricultural Section 1455(c) of the National Agricultural ing the University of the District of Columbia,’’ Research, Extension, and Teaching Policy Act after ‘‘universities’’. Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195(a)) is amended in the first of 1977 (7 U.S.C. 3241(c)) is amended by striking SEC. 7206. GRANTS AND FELLOWSHIPS FOR FOOD ‘‘2007’’ and inserting ‘‘2012’’. AND AGRICULTURAL SCIENCES EDU- sentence by striking ‘‘2007’’ and inserting CATION. ‘‘2012’’. SEC. 7222. HISPANIC-SERVING AGRICULTURAL COLLEGES AND UNIVERSITIES. (a) EDUCATION TEACHING PROGRAMS.—Section SEC. 7213. COOPERATION AMONG ELIGIBLE IN- 1417(j) of the National Agricultural Research, STITUTIONS. (a) IN GENERAL.—The National Agricultural Extension and Teaching Policy Act of 1977 (7 Section 1433 of the National Agricultural Re- Research, Extension and Teaching Policy Act of U.S.C. 3152(j)) is amended— search, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1455 (1) in the subsection heading, by striking 1977 is amended by adding at the end the fol- the following: ‘‘SECONDARY EDUCATION AND 2-YEAR POSTSEC- lowing new subsection: ‘‘SEC. 1456. HISPANIC-SERVING AGRICULTURAL ONDARY EDUCATION TEACHING PROGRAMS’’ and ‘‘(g) COOPERATION AMONG ELIGIBLE INSTITU- COLLEGES AND UNIVERSITIES. inserting ‘‘SECONDARY EDUCATION, 2-YEAR TIONS.—The Secretary, to the maximum extent ‘‘(a) DEFINITIONS.—As used in this section: POSTSECONDARY EDUCATION, AND AGRICULTURE practicable, shall encourage eligible institutions ‘‘(1) ENDOWMENT FUND.—The term ‘endow- IN THE K–12 CLASSROOM’’; and to cooperate in setting research priorities under ment fund’ means the Hispanic-Serving Agricul- (2) in paragraph (3)— this section through the conduct of regular re- tural Colleges and Universities Fund established (A) by striking ‘‘secondary schools, and insti- gional and national meetings.’’. under subsection (b). tutions of higher education that award an asso- SEC. 7214. APPROPRIATIONS FOR RESEARCH ON ‘‘(2) HISPANIC-SERVING AGRICULTURAL COL- ciate’s degree’’ and inserting ‘‘secondary NATIONAL OR REGIONAL PROBLEMS. LEGE AND UNIVERSITIES.—The term ‘Hispanic- schools, institutions of higher education that Section 1434(a) of the National Agricultural serving agricultural colleges and universities’ award an associate’s degree, other institutions Research, Extension, and Teaching Policy Act means a college or university that— of higher education, and nonprofit organiza- of 1977 (7 U.S.C. 3196(a)) is amended by striking ‘‘(A) qualifies as a ‘Hispanic-serving institu- tions’’; ‘‘2007’’ and inserting ‘‘2012’’. tion’ as defined in section 502(a)(5) of the High- (B) in subparagraph (E), by striking ‘‘and’’ at er Education Act of 1965 (20 U.S.C. 1101a(a)(5)); SEC. 7215. AUTHORIZATION LEVEL OF EXTEN- the end; SION AT 1890 LAND-GRANT COL- and (C) in subparagraph (F), by striking the pe- LEGES. ‘‘(B) offers associate, bachelor’s, or other ac- riod at the end and inserting ‘‘; and’’; and Section 1444(a)(2) of the National Agricultural credited degree programs in agriculture-related (D) by adding at the end the following: Research, Extension, and Teaching Policy Act fields. ‘‘(G) to support current agriculture in the of 1977 (7 U.S.C. 3221(a)(2)) is amended by strik- ‘‘(b) ENDOWMENT.— classroom programs for grades K–12.’’. ing ‘‘15 percent’’ and inserting ‘‘20 percent’’. ‘‘(1) IN GENERAL.—In accordance with this (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- subsection, the Secretary of the Treasury shall SEC. 7216. AUTHORIZATION LEVEL FOR AGRICUL- tion 1417(l) of the National Agricultural Re- establish a Hispanic-Serving Agricultural Col- search, Extension, and Teaching Policy Act of TURAL RESEARCH AT 1890 LAND- GRANT COLLEGES. leges and Universities Fund. The Secretary of 1977 (7 U.S.C. 3152(l)) is amended by striking Section 1445(a)(2) of the National Agricultural the Treasury may enter into such agreements as ‘‘2007’’ and inserting ‘‘2012’’. Research, Extension, and Teaching Policy Act are necessary to carry out this subsection. (c) REPORT.—Section 1417 of the National Ag- ‘‘(2) DEPOSIT TO THE ENDOWMENT FUND.—The ricultural Research, Extension and Teaching of 1977 (7 U.S.C. 3222(a)(2)) is amended by strik- ing ‘‘25 percent’’ and inserting ‘‘30 percent’’. Secretary of the Treasury shall deposit in the Policy Act of 1977 is amended by adding at the endowment fund any— end the following: SEC. 7217. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES FACILITIES AT ‘‘(A) amounts made available through Acts of ‘‘(m) REPORT.—The Secretary shall submit an appropriations, which shall be the endowment annual report to the Committee on Agriculture THE DISTRICT OF COLUMBIA LAND GRANT UNIVERSITY. fund corpus; and of the House of Representatives and the Com- The National Agricultural Research, Exten- ‘‘(B) interest earned on the endowment fund mittee on Agriculture, Nutrition and Forestry of sion, and Teaching Policy Act of 1977 (7 U.S.C. corpus. the Senate detailing the distribution of funds 3101 et seq.) is amended by inserting after sec- ‘‘(3) INVESTMENTS.—The Secretary of the used to implement the teaching programs under tion 1447 the following: Treasury shall invest the endowment fund cor- subsection (j).’’. ‘‘SEC. 1447A. GRANTS TO UPGRADE AGRICULTURE pus and income in interest-bearing obligations SEC. 7207. GRANTS FOR RESEARCH ON PRODUC- AND FOOD SCIENCES FACILITIES AT of the United States. TION AND MARKETING OF ALCO- THE DISTRICT OF COLUMBIA LAND ‘‘(4) WITHDRAWALS AND EXPENDITURES.—The HOLS AND INDUSTRIAL HYDRO- GRANT UNIVERSITY. CARBONS FROM AGRICULTURAL Secretary of the Treasury may not make a with- COMMODITIES AND FOREST PROD- ‘‘(a) PURPOSE.—It is declared to be the intent drawal or expenditure from the endowment fund UCTS. of Congress to assist the land grant university corpus. On September 30, 2008, and each Sep- Section 1419(d) of the National Agricultural in the District of Columbia, as established under tember 30 thereafter, the Secretary of the Treas- Research, Extension, and Teaching Policy Act section 208 of the District of Columbia Public ury shall withdraw the amount of the income of 1977 (7 U.S.C. 3154(d)) is amended by striking Postsecondary Education Reorganization Act of from the endowment fund for the fiscal year ‘‘2007’’ and inserting ‘‘2012’’. October 26, 1974 (Public Law 93–471) in efforts and warrant the funds to the Secretary of Agri- SEC. 7208. POLICY RESEARCH CENTERS. acquire, alter, or repair facilities or relevant culture who, after making adjustments for the Section 1419A of the National Agricultural Re- equipment necessary for conducting agricultural cost of administering the endowment fund, shall search, Extension, and Teaching Policy Act of research. distribute the adjusted income as follows: 1977 (7 U.S.C. 3155) is amended— ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) 60 percent distributed among the His- (1) in subsection (b), by inserting ‘‘, including There are authorized to be appropriated for the panic-serving agricultural colleges and univer- the Food Agricultural Policy Research Institute purposes of carrying out the provisions of this sities on a pro rata basis based on each institu- and the Agricultural and Food Policy Center’’ section $750,000 for each of fiscal years 2008 tion’s Hispanic enrollment count. after ‘‘research institutions and organizations’’; through 2012.’’. ‘‘(B) 40 percent distributed in equal shares to and SEC. 7218. GRANTS TO UPGRADE AGRICULTURAL the Hispanic-serving agricultural colleges and (2) in subsection (d), by striking ‘‘2007’’ and AND FOOD SCIENCES FACILITIES AT universities. inserting ‘‘2012’’. 1890 LAND-GRANT COLLEGES, IN- ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— CLUDING TUSKEGEE UNIVERSITY. SEC. 7209. HUMAN NUTRITION INTERVENTION ‘‘(A) IN GENERAL.—For fiscal year 2008, and AND HEALTH PROMOTION RE- Section 1447(b) of the National Agricultural for each fiscal year thereafter, there is author- SEARCH PROGRAM. Research, Extension, and Teaching Policy Act ized to be appropriated to the Department of Ag- Section 1424(d) of the National Agricultural of 1977 (7 U.S.C. 3222b(b)) is amended by strik- riculture an amount equal to— Research, Extension, and Teaching Policy Act ing ‘‘2007’’ and inserting ‘‘2012’’. ‘‘(i) $80,000; multiplied by of 1977 (7 U.S.C. 3174(d)) is amended by striking SEC. 7219. NATIONAL RESEARCH AND TRAINING ‘‘(ii) the number of Hispanic-serving agricul- ‘‘2007’’ and inserting ‘‘2012’’. VIRTUAL CENTERS. tural colleges and universities. SEC. 7210. PILOT RESEARCH PROGRAM TO COM- Section 1448 of the National Agricultural Re- ‘‘(B) PAYMENTS.—For fiscal year 2008, and for BINE MEDICAL AND AGRICULTURAL search, Extension, and Teaching Policy Act of each fiscal year thereafter, the Secretary of the RESEARCH. 1977 (7 U.S.C. 3222c) is amended by striking Treasury shall pay to the treasurer of each His- Section 1424A(d) of the National Agricultural ‘‘2007’’ each place it appears in subsections panic-Serving agricultural college and univer- Research, Extension, and Teaching Policy Act (a)(1) and (f) and inserting ‘‘2012’’. sity an amount equal to—

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00176 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.012 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9013 ‘‘(i) the total amount made available by ap- sions of the Act of July 2, 1862 (commonly of 1977 (7 U.S.C. 3336(a)) is amended by striking propriations pursuant to paragraph (1); divided known as the First Morrill Act) and adminis- ‘‘2007’’ and inserting ‘‘2012’’. by tered by such institutions through cooperative SEC. 7232. SPECIAL AUTHORIZATION FOR BIO- ‘‘(ii) the number of Hispanic-serving agricul- agreements with the Hispanic-serving agricul- SECURITY PLANNING AND RE- tural colleges and universities. tural colleges and universities in the States of SPONSE. ‘‘(C) USE OF FUNDS.—Amounts authorized to the institutions in accordance with regulations Section 1484(a) of the National Agricultural be appropriated under this subsection shall be that the Secretary shall adopt.’’; and Research, Extension, and Teaching Policy Act used in the same manner as is prescribed for col- (2) in subsection (f), by inserting ‘‘or His- of 1977 (7 U.S.C. 3351(a)) is amended by striking leges under the Act of August 30, 1890 (com- panic-serving agricultural colleges and univer- ‘‘2007’’ and inserting ‘‘2012’’. monly known as the Second Morrill Act), and sities’’ after ‘‘Institution’’. SEC. 7233. RESIDENT INSTRUCTION AND DIS- except as otherwise provided in this subsection, SEC. 7223. INTERNATIONAL AGRICULTURAL RE- TANCE EDUCATION GRANTS PRO- the requirements of such Act shall apply to the SEARCH, EXTENSION, AND EDU- GRAM FOR INSULAR AREA INSTITU- Hispanic-serving agricultural colleges and uni- CATION. TIONS OF HIGHER EDUCATION. versities. Section 1458(a) of the National Agricultural (a) DISTANCE EDUCATION GRANTS FOR INSULAR ‘‘(D) Amounts appropriated pursuant to this Research, Extension, and Teaching Policy Act AREAS.—Section 1490(f) of the National Agricul- section shall be held and considered to have of 1977 (7 U.S.C. 3291(a)) is amended— tural Research, Extension, and Teaching Policy been granted to Hispanic-serving agricultural (1) in paragraph (1)— Act of 1977 (7 U.S.C. 3362(f)) is amended by (A) in subparagraph (A), by striking ‘‘and’’ colleges and universities to establish an endow- striking ‘‘2007’’ and inserting ‘‘2012’’. after the semicolon; ment pursuant to subsection (b). (b) RESIDENT INSTRUCTION GRANTS FOR INSU- (B) in subparagraph (B), by adding ‘‘and’’ at ‘‘(c) INSTITUTIONAL CAPACITY BUILDING LAR AREAS.—Section 1491 of the National Agri- the end; and GRANTS.— cultural Research, Extension, and Teaching (C) by adding at the end the following: Policy Act of 1977 (7 U.S.C. 3363) is amended— ‘‘(1) PURPOSE AND ALLOWABLE USES.—For fis- ‘‘(C) giving priority to those institutions with cal year 2008, and for each fiscal year there- (1) by redesignating subsection (e) as sub- existing memorandums of understanding, agree- section (c); and after, the Secretary shall make institutional ca- ments, or other formal ties to United States in- pacity building grants to assist Hispanic-serving (2) in subsection (c) (as so redesignated), by stitutions, or State or Federal agencies;’’; striking ‘‘2007’’ and inserting ‘‘2012’’. agricultural colleges and universities not includ- (2) in paragraph (3), by inserting ‘‘Hispanic- Subtitle C—Food, Agriculture, Conservation, ing alteration, repair, renovation, or construc- serving agricultural colleges and universities,’’ and Trade Act of 1990 tion of buildings. after ‘‘universities,’’; ‘‘(2) CRITERIA FOR INSTITUTIONAL CAPACITY (3) in paragraph (7)(A), by striking ‘‘and SEC. 7301. NATIONAL GENETICS RESOURCES PRO- BUILDING GRANTS.— land-grant colleges and universities’’ and insert- GRAM. ‘‘(A) REQUIREMENTS FOR GRANTS.—The Sec- ing ‘‘, land-grant colleges and universities, and Section 1635(b) of the Food, Agriculture, Con- retary shall make grants under this subsection Hispanic-serving agricultural colleges and uni- servation, and Trade Act of 1990 (7 U.S.C. on the basis of a competitive application process versities’’; 5844(b)) is amended by striking ‘‘2007’’ and in- under which Hispanic-serving agricultural col- (4) in paragraph (9)(A), by striking ‘‘or other serting ‘‘2012’’. leges and universities may submit applications colleges and universities’’ and inserting ‘‘, or SEC. 7302. NATIONAL AGRICULTURAL WEATHER to the Secretary in such form and manner as the other colleges and universities, or Hispanic-serv- INFORMATION SYSTEM. Secretary may prescribe. ing agricultural colleges and universities’’; and Section 1641(c) of the Food, Agriculture, Con- ‘‘(B) BROADER PARTICIPATION AND GEO- (5) by adding at the end the following: servation, and Trade Act of 1990 (7 U.S.C. GRAPHIC DIVERSITY.—All Hispanic-serving agri- ‘‘(11) establish a program for the purpose of 5855(c)) is amended by striking ‘‘1991 through cultural colleges and universities shall be eligi- providing fellowships to United States or foreign 1997’’ and inserting ‘‘2008 through 2012’’. ble to compete for grants under this subsection. students to study at foreign agricultural colleges SEC. 7303. PARTNERSHIPS. ‘‘(C) DEMONSTRATION OF NEED.—The Sec- and universities working under agreements pro- Section 1672(d) of the Food, Agriculture, Con- retary shall require as part of an application for vided for under paragraph (3).’’. servation, and Trade Act of 1990 (7 U.S.C. a grant under this subsection, a demonstration SEC. 7224. COMPETITIVE GRANTS FOR INTER- 5925(d)) is amended by striking ‘‘may’’ and in- of need based on criteria stated in subsection NATIONAL AGRICULTURAL SCIENCE serting ‘‘shall’’. (b)(5). The Secretary may award a grant under AND EDUCATION PROGRAMS. SEC. 7304. AFLATOXIN RESEARCH AND EXTEN- this subsection only to an applicant that dem- Section 1459A(c) of the National Agricultural SION. onstrates a failure to obtain funding for a Research, Extension, and Teaching Policy Act Section 1672(e)(3) of the Food, Agriculture, project after making a reasonable effort to oth- of 1977 (7 U.S.C. 3292b(c)) is amended by strik- Conservation, and Trade Act of 1990 (7 U.S.C. erwise obtain the funding. ing ‘‘2007’’ and inserting ‘‘2012’’. 5925(e)(3)) is amended by striking ‘‘and control- ‘‘(D) PAYMENT OF NON-FEDERAL SHARE.—A SEC. 7225. LIMITATION ON INDIRECT COSTS FOR ling aflatoxin in the food and feed chains.’’ and grant awarded under this subsection shall be AGRICULTURAL RESEARCH, EDU- inserting ‘‘improving, and eventually commer- made only if the recipient of the grant pays a CATION, AND EXTENSION PRO- cializing alfatoxin controls in corn and other af- non-Federal share in an amount specified by GRAMS. Section 1462(a) of the National Agriculture fected agricultural products and crops.’’. the Secretary and based upon assessed institu- SEC. 7305. HIGH-PRIORITY RESEARCH AND EX- tional needs. Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310(a)) is amended by striking TENSION AREAS. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— Section 1672(e) of the Food, Agriculture, Con- ‘‘a competitive’’ and inserting ‘‘any’’. There are authorized to be appropriated to the servation, and Trade Act of 1990 (7 U.S.C. SEC. 7226. RESEARCH EQUIPMENT GRANTS. Secretary of Agriculture to carry out this sub- 5925(e)) is amended by adding the following: Section 1462A(e) of the National Agricultural section, such sums as are necessary for fiscal ‘‘(46) FARMED AND WILD CERVID DISEASE AND Research, Extension, and Teaching Policy Act year 2008, and for each fiscal year thereafter. APPLIED GENETICS RESEARCH.—Research grants ‘‘(d) COMPETITIVE GRANTS PROGRAM.—The of 1977 (7 U.S.C. 3310a(e)) is amended by strik- may be made under this section for the purpose Secretary of Agriculture shall establish a com- ing ‘‘2007’’ and inserting ‘‘2012’’. of investigating the major infectious, parasitic petitive grants program to fund basic and ap- SEC. 7227. UNIVERSITY RESEARCH. and toxic diseases of importance to farmed and plied research at Hispanic-serving agricultural Section 1463 of the National Agricultural Re- wild cervids. colleges and universities in agriculture, human search, Extension, and Teaching Policy Act of ‘‘(47) AIR EMISSIONS FROM LIVESTOCK OPER- nutrition, food science, bioenergy, and environ- 1977 (7 U.S.C. 3311) is amended by striking ATIONS.—Research and extension grants may be mental science. There are authorized to be ap- ‘‘2007’’ each place it appears in subsections (a) made under this section for the purpose of con- propriated to the Secretary such sums as are and (b) and inserting ‘‘2012’’. ducting field verification tests and developing necessary to carry out this subsection for fiscal SEC. 7228. EXTENSION SERVICE. mitigation options for air emissions from animal year 2008 and for each fiscal year thereafter.’’. Section 1464 of the National Agricultural Re- feeding operations. (b) FUNDING.—Section 3 of the Act of May 8, search, Extension, and Teaching Policy Act of ‘‘(48) SWINE GENOME PROJECT.—Research 1914, (commonly known as the Smith-Lever Act), 1977 (7 U.S.C. 3312) is amended by striking grants may be made under this section to con- is amended— ‘‘2007’’ and inserting ‘‘2012’’. duct swine genome research and to map the (1) in subsection (b), by adding at the end the SEC. 7229. SUPPLEMENTAL AND ALTERNATIVE swine genome. following new paragraph: CROPS. ‘‘(49) CATTLE FEVER TICK PROGRAM.—Research ‘‘(4) There are authorized to be appropriated Section 1473D(a) of the National Agricultural and extension grants may be made to study cat- for fiscal year 2008, and for each fiscal year Research, Extension, and Teaching Policy Act tle fever ticks to facilitate understanding of the thereafter, such sums as are necessary for the of 1977 (7 U.S.C. 3319d(a)) is amended by strik- role of wildlife in the persistence and spread of purposes set forth in section 4. Such sums shall ing ‘‘2007’’ and inserting ‘‘2012’’. cattle fever ticks; to develop advanced methods be in addition to the sums appropriated for the SEC. 7230. AQUACULTURE RESEARCH FACILITIES. for eradication of cattle fever ticks; and to im- several States and Puerto Rico, the Virgin Is- Section 1477 of the National Agricultural Re- prove management of diseases related to cattle lands, and Guam under the provisions of this search, Extension, and Teaching Policy Act of fever ticks that are associated with wildlife, section. Such sums shall be distributed on the 1977 (7 U.S.C. 3324) is amended by striking livestock, and human health. basis on a competitive application process to be ‘‘2007’’ and inserting ‘‘2012’’. ‘‘(50) COLONY COLLAPSE DISORDER PROGRAM.— developed and implemented by the Secretary SEC. 7231. RANGELAND RESEARCH. Research and extension grants may be made to and paid by the Secretary to the State institu- Section 1483(a) of the National Agricultural survey and collect data of honey bee colony pro- tions established in accordance with the provi- Research, Extension, and Teaching Policy Act duction and health; research various factors

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00177 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.012 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9014 CONGRESSIONAL RECORD — HOUSE July 30, 2007 possibly contributing to or associated with col- the funds of the Commodity Credit Corporation, U.S.C. 7622(g)) is amended by striking ‘‘2007’’ ony collapse disorder; and develop mitigative the Secretary shall make available to carry out and inserting ‘‘2012’’. and preventative measures to improve bee this section a total of $25,000,000 for fiscal years SEC. 7402. PRECISION AGRICULTURE. health. 2008 through 2012.’’. Section 403(i)(1) of the Agricultural Research, ‘‘(51) SYNTHETIC GYPSUM FROM ELECTRIC (b) COORDINATION.—In carrying out this sec- Extension, and Education Reform Act of 1998 (7 POWER PLANTS RESEARCH.—Research and exten- tion, the Secretary shall ensure that the Direc- U.S.C. 7623(i)(1)) is amended by striking ‘‘2007’’ sion grants may be made to study the uses of tor of the applicable Program Office established and inserting ‘‘2012’’. synthetic gypsum from electric power plants to under section 7104(a) coordinates projects and SEC. 7403. BIOBASED PRODUCTS. remediate soil and nutrient losses. activities carried out under this section to en- (a) PILOT PROJECT.—Section 404(e)(2) of the ‘‘(52) CRANBERRY RESEARCH PROGRAM.—Re- sure, to the maximum extent practicable, that Agricultural Research, Extension, and Edu- search and extension grants may be made to duplication of effort is eliminated or minimized. cation Reform Act of 1998 (7 U.S.C. 7624(e)(2)) is study new technologies to assist cranberry grow- SEC. 7311. NATIONAL RURAL INFORMATION CEN- amended by striking ‘‘2007’’ and inserting ers in complying with Federal and State envi- TER CLEARINGHOUSE. ‘‘2012’’. ronmental regulations, increase production, de- Section 2381(e) of the Food, Agriculture, Con- (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- velop new growing techniques, establish more servation, and Trade Act of 1990 (7 U.S.C. tion 404(h) of the Agricultural Research, Exten- efficient growing methodologies, and educate 3125b(e)) is amended by striking ‘‘2007’’ and in- sion, and Education Reform Act of 1998 (7 farmers about sustainable growth practices. serting ‘‘2012’’. U.S.C. 7624(h)) is amended by striking ‘‘2007’’ ‘‘(53) SORGHUM RESEARCH INITIATIVE.—Re- SEC. 7312. NEW ERA RURAL TECHNOLOGY PRO- and inserting ‘‘2012’’. GRAM. search and extension grants may be made to SEC. 7404. THOMAS JEFFERSON INITIATIVE FOR study the use of sorghum as a bioenergy feed- (a) FUNCTIONS.— (1) The Secretary shall establish the ‘‘New Era CROP DIVERSIFICATION. stock, promote diversification in, and the envi- Rural Technology Program’’, to make grants Section 405(h) of the Agricultural Research, ronmental sustainability of sorghum production, available for technology development, applied Extension, and Education Reform Act of 1998 (7 and promote water conservation through the use research, and training to aid in the development U.S.C. 7625(h)) is amended by striking ‘‘2007’’ of sorghum. of an agriculture-based renewable energy work- and inserting ‘‘2012’’. ‘‘(54) BEAN HEALTH RESEARCH PROGRAM.—Re- force. This initiative shall support the fields of SEC. 7405. INTEGRATED RESEARCH, EDUCATION, search and extension grants may be made to bioenergy, pulp and paper manufacturing, and AND EXTENSION COMPETITIVE study bean-based solutions to chronic health GRANTS PROGRAM. for agriculture-based renewable energy re- and nutritional concerns in both developed and Section 406(f) of the Agricultural Research, sources. developing countries, and to increase bean con- (2) To receive funding under this section an Extension, and Education Reform Act of 1998 (7 sumption.’’. entity— U.S.C. 7626(f)) is amended by striking ‘‘2007’’ SEC. 7306. HIGH-PRIORITY RESEARCH AND EX- (A) shall be a rural community college or ad- and inserting ‘‘2012’’. TENSION INITIATIVES. vanced technological center, in existence on the SEC. 7406. FUSARIUM GRAMINEARUM GRANTS. Section 1672(h) of the Food, Agriculture, Con- date of the enactment of this Act, that partici- Section 408 of the Agricultural Research, Ex- servation, and Trade Act of 1990 (7 U.S.C. pates in agricultural or bioenergy research and tension, and Education Reform Act of 1998 (7 5925(h)) is amended by striking ‘‘2007’’ and in- applied research; U.S.C. 7628(e)) is amended— serting ‘‘2012’’. (B) shall have a proven record of development (1) in the heading for such section, by striking SEC. 7307. NUTRIENT MANAGEMENT RESEARCH and implementation of programs to meet the ‘‘GRANT’’ and inserting ‘‘GRANTS’’; and AND EXTENSION INITIATIVE. needs of students, educators, and business and (2) in subsection (e), by striking ‘‘2007’’ and Section 1672A of the Food, Agriculture, Con- industry to supply the agriculture-based, renew- inserting ‘‘2012’’. servation, and Trade Act of 1990 (7 U.S.C. able energy or pulp and paper manufacturing SEC. 7407. BOVINE JOHNE’S DISEASE CONTROL 5925a) is amended— fields with certified technicians as determined PROGRAM. (1) by redesignating subsection (g) as sub- by the Secretary of Agriculture; and Section 409(b) of the Agricultural Research, section (f); (C) shall have the ability to leverage existing Extension, and Education Reform Act of 1998 (7 (2) in subsection (d), by inserting ‘‘or address partnerships and occupational outreach and U.S.C. 7629(b)) is amended by striking ‘‘2007’’ unique regional concerns’’ after ‘‘entities’’; training programs for secondary schools, 4-year and inserting ‘‘2012’’. (3) in subsection (e)(1)(B), by inserting ‘‘and institutions and relevant non-profit organiza- SEC. 7408. GRANTS FOR YOUTH ORGANIZATIONS. dairy cattle waste’’ after ‘‘swine waste’’; and tions. Section 410 of the Agricultural Research, Ex- (4) in subsection (f) (as so redesignated in (b) LIMITATION ON AUTHORIZATION OF APPRO- tension, and Education Reform Act of 1998 (7 paragraph (1)), by striking ‘‘2007’’ and inserting PRIATIONS.—To carry out this section, there are U.S.C. 7630) is amended by striking subsections ‘‘2012’’. authorized to be appropriated such sums as nec- (b) and (c) and inserting the following: SEC. 7308. AGRICULTURAL TELECOMMUNI- essary for each of the fiscal years 2008 through ‘‘(b) FLEXIBILITY.—The Secretary shall pro- CATIONS PROGRAM. 2012. vide maximum flexibility in content delivery to Section 1673(h) of the Food, Agriculture, Con- (c) COMMUNITY COLLEGES.—In this section, each organization receiving funds under this servation, and Trade Act of 1990 (7 U.S.C. the term ‘‘community college’’ means an institu- section so as to ensure that the unique goals of 5926(h)) is amended by striking ‘‘2007’’ and in- tion of higher education— each organization, as well as the local commu- serting ‘‘2012’’. (1) that admits as regular students persons nity needs are fully met. who are beyond the age of compulsory school ‘‘(c) REDISTRIBUTION OF FUNDING WITHIN OR- SEC. 7309. ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES. attendance in the State in which the institution GANIZATIONS AUTHORIZED.—Recipients of funds is located and who have the ability to benefit Section 1680(c)(1) of the Food, Agriculture, under this section are authorized to redistribute from the training offered by the institution; Conservation, and Trade Act of 1990 (7 U.S.C. all or part of the funds received to individual (2) that does not provide an educational pro- 5933(c)(1)) is amended by striking ‘‘2007’’ and councils or local chapters within such organiza- gram for which it awards a bachelor’s degree, or inserting ‘‘2012’’. tion without further need of approval from the an equivalent degree; and Secretary. SEC. 7310. ORGANIC RESEARCH. (3) that— ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.—The Organic Agriculture (A) provides an educational program of not There are authorized to be appropriated to carry Research and Extension Initiative (section less than two years that is acceptable for full out this section such sums as are necessary for 1672B of the Food, Agriculture, Conservation, credit toward such a degree; or each of fiscal years 2008 through 2012.’’. and Trade Act of 1990 (7 U.S.C. 5925b)) is (B) offers a two-year program in engineering, SEC. 7409. AGRICULTURAL BIOTECHNOLOGY RE- amended— technology, mathematics, or the physical, chem- SEARCH AND DEVELOPMENT FOR (1) in subsection (a)— ical or biological sciences, designed to prepare a DEVELOPING COUNTRIES. (A) in paragraph (5), by striking ‘‘and’’ after student to work as a technician or at the Section 411(c) of the Agricultural Research, the semicolon; semiprofessional level in engineering, scientific, Extension, and Education Reform Act of 1998 (7 (B) in paragraph (6), at the end by striking or other technological fields requiring the un- U.S.C. 7631(c)) is amended by striking ‘‘2007’’ the period and inserting a semicolon; and derstanding and application of basic engineer- and inserting ‘‘2012’’. (C) by adding at the end the following: ing, scientific, or mathematical principles of SEC. 7410. AGRICULTURAL BIOENERGY AND ‘‘(7) examining optimal conservation and envi- knowledge. BIOBASED PRODUCTS RESEARCH ronmental outcomes relating to organically pro- (d) GRANT PRIORITY.—Preference shall be INITIATIVE. duced agricultural products; and given to rural community colleges working in Title IV of the Agricultural Research, Exten- ‘‘(8) developing new and improved seed vari- partnership to improve information sharing ca- sion, and Education Reform Act of 1998 (7 eties that are particularly suited for organic ag- pacity and to maximize the ability to meet the U.S.C. 7621 et seq.) is amended by adding at the riculture.’’; and requirements of this section. end the following: (2) by adding at the end the following— Subtitle D—Agricultural Research, Extension, ‘‘SEC. 412. AGRICULTURAL BIOENERGY AND ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— and Education Reform Act of 1998 BIOBASED PRODUCTS RESEARCH There is authorized to be appropriated SEC. 7401. PARTNERSHIPS FOR HIGH-VALUE AG- INITIATIVE. $25,000,000 for each of fiscal years 2009 through RICULTURAL PRODUCT QUALITY RE- ‘‘(a) DEFINITION.—For the purposes of this 2012. SEARCH. section, the term ‘Initiative’ means the agricul- ‘‘(g) ADDITIONAL FUNDING.—In addition to Section 402(g) of the Agricultural Research, tural bioenergy and biobased products research funds made available under subsection (f), of Extension, and Education Reform Act of 1998 (7 initiative established by subsection (b).

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‘‘(b) ESTABLISHMENT.—There is established of 1998 (7 U.S.C. 7621 et seq.), as amended by tor of the applicable Program Office established within the Department a bioenergy and section 7410, is further amended by adding at under section 7104(a) coordinates projects and biobased products research initiative to enhance the end the following: activities carried out under this section to en- the production, sustainability, and conversion ‘‘SEC. 413. SPECIALTY CROP RESEARCH INITIA- sure, to the maximum extent practicable, that of biomass to renewable fuels and related prod- TIVE. duplication of effort is eliminated or minimized. ucts. ‘‘(a) DEFINITIONS.—In this section: SEC. 7412. OFFICE OF PEST MANAGEMENT POL- ‘‘(c) LABORATORY NETWORK.— ‘‘(1) INITIATIVE.—The term ‘Initiative’ means ICY. ‘‘(1) IN GENERAL.—The Secretary shall carry the specialty crop research initiative established Section 614(f) of the Agricultural Research, out the Initiative through a bioenergy and by subsection (b). Extension, and Education Reform Act of 1998 (7 biobased product laboratory network that may ‘‘(2) SPECIALTY CROP.—The term ‘specialty U.S.C. 7653(f)) is amended by striking ‘‘2007’’ consist of— crop’ shall have the meaning given that term in and inserting ‘‘2012’’. ‘‘(A) Federal agencies; section 3(1) of the Specialty Crops Competitive- Subtitle E—Other Laws ‘‘(B) national laboratories; ness Act of 2004 (7 U.S.C. 1621). ‘‘(C) colleges and universities; SEC. 7501. CRITICAL AGRICULTURAL MATERIALS ‘‘(b) ESTABLISHMENT.—There is established ‘‘(D) research institutions and organizations; ACT. within the Department a specialty crop research ‘‘(E) private organizations or corporations; Section 16(a) of the Critical Agricultural Ma- initiative to address the critical needs of the spe- ‘‘(F) State agricultural experiment stations; terials Act (7 U.S.C. 178n(a)) is amended by cialty crop industry by developing and dissemi- and striking ‘‘2007’’ and inserting ‘‘2012’’. ‘‘(G) individuals. nating science-based tools to address needs of SEC. 7502. EQUITY IN EDUCATIONAL LAND-GRANT ‘‘(2) RESEARCH AND DEVELOPMENT OBJEC- specific crops and their regions, including— STATUS ACT OF 1994. TIVES.—The laboratory network shall focus on ‘‘(1) research in— (a) ENDOWMENT FOR 1994 INSTITUTIONS.—Sec- improving biomass production and sustain- ‘‘(A) plant breeding, genetics, and genomics to tion 533(b) of the Equity in Educational Land- ability, and improving biomass conversion in improve crop characteristics, such as— Grant Status Act of 1994 (7 U.S.C. 301 note; biorefineries, by— ‘‘(i) product appearance; ‘‘(A) leveraging the broad scientific capabili- ‘‘(ii) environmental responses and tolerances; Public Law 103–382) is amended in the first sen- ties of the Department in— ‘‘(iii) nutrient management; tence by striking ‘‘2007’’ and inserting ‘‘2012’’. ‘‘(i) plant genetics and breeding; ‘‘(iv) pest and disease management; and (b) INSTITUTIONAL CAPACITY BUILDING ‘‘(ii) crop production; ‘‘(v) enhanced phytonutrient content; GRANTS.—Section 535 of the Equity in Edu- ‘‘(iii) soil and water science; ‘‘(B) safety; cational Land-Grant Status Act of 1994 (7 ‘‘(iv) use of agricultural waste; ‘‘(C) quality; U.S.C. 301 note; Public Law 103–382) is amended ‘‘(v) carbohydrate, lipid, protein, and lignin ‘‘(D) yield; by striking ‘‘2007’’ each place it appears and in- chemistry and biochemistry; ‘‘(E) taste; and serting ‘‘2012’’. ‘‘(vi) enzyme development; ‘‘(F) shelf life; (c) RESEARCH GRANTS.—Section 536(c) of the ‘‘(vii) fermentation; ‘‘(2) efforts to identify and address threats Equity in Educational Land-Grant Status Act of ‘‘(viii) microbiology; from invasive species; 1994 (7 U.S.C. 301 note; Public Law 103–382) is ‘‘(ix) cellulosic gasification; and ‘‘(3) efforts to improve agricultural production amended in the first sentence by striking ‘‘2007’’ ‘‘(x) ethanol by-product utilization. by developing more technologically efficient and ‘‘(B) supporting bioenergy and biobased prod- and inserting ‘‘2012’’. effective applications of water, nutrients, and uct research that will enhance the production, SEC. 7503. AGRICULTURAL EXPERIMENT STATION pesticides; sustainability, and conversion of biomass to re- RESEARCH FACILITIES ACT. ‘‘(4) new innovations and technology, such as Section 6(a) of the Research Facilities Act (7 newable fuels and related products; and enhancing mechanization and reducing reliance ‘‘(C) supporting bioenergy and biobased prod- U.S.C. 390d(a)) is amended by striking ‘‘2007’’ on labor; and uct research, and the dissemination of that re- and inserting ‘‘2012’’. ‘‘(5) production efficiency, productivity, prof- search, that will assist in achieving the goals of SEC. 7504. NATIONAL AGRICULTURAL RESEARCH, itability and marketing. this section. EXTENSION, AND TEACHING POLICY ‘‘(c) ELIGIBLE ENTITIES.—The Secretary may ‘‘(d) COORDINATION.—In carrying out the Ini- ACT AMENDMENTS OF 1985. carry out the Initiative through— tiative, the Secretary shall ensure that the Di- Section 1431 of the National Agricultural Re- ‘‘(1) Federal agencies; rector of the applicable Program office estab- search, Extension, and Teaching Policy Act ‘‘(2) national laboratories; Amendments of 1985 (Public Law 99–198; 99 Stat. lished under section 7104(a)(1) shall coordinate ‘‘(3) colleges and universities; projects and activities carried out under the Ini- 1556) is amended by striking ‘‘2007’’ and insert- ‘‘(4) research institutions and organizations; ing ‘‘2012’’. tiative with projects and activities under the ‘‘(5) private organizations or corporations; Biomass Research and Development Act of 2000 ‘‘(6) State agricultural experiment stations; SEC. 7505. COMPETITIVE, SPECIAL, AND FACILI- TIES RESEARCH GRANT ACT (NA- (7 U.S.C. 8601 et seq) to ensure, to the maximum and extent practicable, that— TIONAL RESEARCH INITIATIVE). ‘‘(7) individuals. Section 2 of the Competitive, Special, and Fa- ‘‘(1) duplication of effort is eliminated or ‘‘(d) RESEARCH PROJECTS.—In carrying out cilities Research Grant Act (7 U.S.C. 450i) is minimized; and this section, the Secretary shall award grants on ‘‘(2) the respective strengths of the Depart- amended— a competitive basis. (1) in subsection (b)(10), by striking ‘‘2007’’ ment and the Department of Energy are maxi- ‘‘(e) ADMINISTRATION.— and inserting ‘‘2012’’; and mized. ‘‘(1) IN GENERAL.—For grants awarded under (2) by striking subsection (g). ‘‘(e) RESEARCH PROJECTS.—In carrying out subsection (d) the Secretary shall— this section, the Secretary shall award grants on ‘‘(A) seek and accept proposals for grants; SEC. 7506. AGRICULTURAL RISK PROTECTION ACT OF 2000 (CARBON CYCLE RESEARCH). a competitive basis. ‘‘(B) determine the relevance and merit of pro- Section 221(g) of the Agricultural Risk Protec- ‘‘(f) ADMINISTRATION.— posals through a system of peer review in ac- ‘‘(1) IN GENERAL.—For grants awarded under tion Act of 2000 (7 U.S.C. 6711(g)) is amended by cordance with section 103; and subsection (e)(2), the Secretary shall— ‘‘(C) award grants on the basis of merit, qual- striking ‘‘2007’’ and inserting ‘‘2012’’. ‘‘(A) seek and accept proposals for grants; ity, and relevance. SEC. 7507. RENEWABLE RESOURCES EXTENSION ‘‘(B) determine the relevance and merit of pro- ACT OF 1978. posals through a system of peer review in ac- ‘‘(2) TERM.—A grant under this section shall have a term that does not exceed 5 years. (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- cordance with (7 U.S.C. 7613); and tion 6 of the Renewable Resources Extension Act ‘‘(C) award grants on the basis of merit, qual- ‘‘(3) OTHER CONDITIONS.—The Secretary may set such other conditions on the award of a of 1978 (16 U.S.C. 1675) is amended by striking ity, and relevance. ‘‘2007’’ and inserting ‘‘2012’’. ‘‘(2) TERM.—A grant under this section shall grant under this section as the Secretary deter- mines appropriate. (b) TERMINATION DATE.—Section 8 of the Re- have a term that does not exceed 5 years. newable Resources Extension Act of 1978 (16 ‘‘(3) OTHER CONDITIONS.—The Secretary may ‘‘(f) BUILDINGS AND FACILITIES.—Funds made U.S.C. 1671 note; Public Law 95–306) is amended set such other conditions on the award of a available under this section shall not be used for by striking ‘‘2007’’ and inserting ‘‘2012’’. grant under this section as the Secretary deter- the construction of a new building or facility or mines appropriate. the acquisition, expansion remodeling, or alter- SEC. 7508. NATIONAL AQUACULTURE ACT OF 1980. ‘‘(g) BUILDINGS AND FACILITIES.—Funds made ation of an existing building or facility (includ- Section 10 of the National Aquaculture Act of available under this section shall not be used for ing site grading and improvement and architect 1980 (16 U.S.C. 2809) is amended by striking the construction of a new building or facility or fees). ‘‘2007’’ each place it appears and inserting the acquisition, expansion, remodeling, or alter- ‘‘(g) FUNDING.—There is authorized to be ap- ‘‘2012’’. ation of an existing building or facility (includ- propriated $100,000,000 for each of fiscal years SEC. 7509. CONSTRUCTION OF A CHINESE GAR- ing site grading and improvement and architect 2008 through 2012 to carry out this section. DEN AT THE NATIONAL ARBORETUM. fees). ‘‘(h) ADDITIONAL FUNDING.—In addition to The Act of March 4, 1927 (20 U.S.C. 191 et ‘‘(h) FUNDING.—There is authorized to be ap- funds made available under subsection (g), of seq.), is amended by adding at the end the fol- propriated $50,000,000 for each of fiscal years the funds of the Commodity Credit Corporation, lowing: 2008 through 2012 to carry out this section.’’. the Secretary shall make available to carry out ‘‘SEC. 197. CONSTRUCTION OF A CHINESE GAR- SEC. 7411. SPECIALTY CROP RESEARCH INITIA- this section a total of $215,000,000 for fiscal DEN AT THE NATIONAL ARBORETUM. TIVE. years 2008 through 2012.’’. ‘‘A Chinese Garden may be constructed at the (a) IN GENERAL.—Title IV of the Agricultural (b) COORDINATION.— In carrying out this sec- National Arboretum established under this Act Research, Extension, and Education Reform Act tion, the Secretary shall ensure that the Direc- with—

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00179 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.013 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9016 CONGRESSIONAL RECORD — HOUSE July 30, 2007 ‘‘(1) funds accepted under the provisions of (4) in subparagraph (B), by inserting ‘‘or the (2) by striking clause (i) and inserting the fol- section 195 (20 U.S.C. 195); District of Columbia’’ after ‘‘area’’. lowing: ‘‘(2) authorities provided to the Secretary of SEC. 7514. HATCH ACT OF 1987. ‘‘(i) $100,000 shall be distributed to each of the Agriculture under section 196 (20 U.S.C. 196); Section 3(d)(4) of the Hatch Act of 1887 (7 land grant colleges and universities;’’; and U.S.C. 351c(d)(4)) is amended— (3) by redesignating clause (ii) as clause (iii); (4) by inserting after clause (i) the following: ‘‘(3) appropriations provided for this pur- (1) in the paragraph heading, by inserting pose.’’. ‘‘(ii) subject to subsection (d), of the remain- ‘‘AND THE DISTRICT OF COLUMBIA’’ after der, 10 percent in fiscal year 2008, 11 percent in SEC. 7510. PUBLIC EDUCATION REGARDING USE ‘‘AREAS’’; fiscal year 2009, 12 percent in fiscal year 2010, 13 OF BIOTECHNOLOGY IN PRODUCING (2) in subparagraph (A), by inserting ‘‘ and FOOD FOR HUMAN CONSUMPTION. percent in fiscal year 2011, 14 percent in fiscal the District of Columbia’’ after ‘‘United States’’; year 2012, and 15 percent in fiscal year 2013 and Section 10802(b) of the Farm Security and (3) in subparagraph (A), by inserting ‘‘and each fiscal year thereafter, shall be allocated to Rural Investment Act of 2002 (7 U.S.C. the District of Columbia’’ after ‘‘respectively,’’; 5921a(b))is amended by striking ‘‘2007’’ and in- each 1890 Institution (as defined in section 2 of and the Agricultural Research, Extension, and Edu- serting ‘‘2012’’. (4) in subparagraph (B), by inserting ‘‘or the cation Reform Act of 1998) in an amount that SEC. 7511. FRESH CUT PRODUCE SAFETY GRANTS. District of Columbia’’ after ‘‘area’’. bears the same ratio to the total amount to be (a) IN GENERAL.—The Secretary may award Subtitle F—Additional Provisions allocated under this clause as the population of competitive research and extension grants to eli- SEC. 7601. MERIT REVIEW OF EXTENSION AND the State living at or below 125 percent of the gible entities to enable such entities to design, EDUCATIONAL GRANTS. income poverty guidelines prescribed by the Of- implement, and evaluate innovative, cost-effec- Section 103 of the Agricultural Research, Ex- fice of Management and Budget (adjusted pur- tive programs to improve and enhance the safety tension, and Education Reform Act of 1998 (7 suant to section 673(2) of the Omnibus Budget of fresh cut produce. U.S.C. 7613) is amended in subsection (a)(2)(A), Reconciliation Act of 1981 (42 U.S.C. 9902)), (b) ELIGIBLE ENTITIES.—To be eligible to re- by striking ‘‘Cooperative State Research, Edu- bears to the total population of all the States ceive a grant under subsection (a) an entity cation, and Extension Service of the Depart- that have 1890 Institutions living at or below 125 shall— ment’’ and inserting ‘‘the National Institute for percent of the income poverty guidelines, as de- (1) be a university, college, or other entity des- Food and Agriculture.’’. termined by the last preceding decennial census ignated by the Secretary; and SEC. 7602. REVIEW OF PLAN OF WORK REQUIRE- at the time each such additional amount is first (2) have developed partnerships with pro- MENTS. appropriated: Provided, That the total allocated ducers of fresh cut produce. (a) REVIEW.—The Secretary shall work with under this clause shall not exceed (I) the (c) USE OF FUNDS.—An entity shall use funds university partners in extension and research to amount of the funds appropriated for the con- received under a grant under this section to— review and identify measures to streamline the duct of the expanded food and nutrition edu- (1) improve sanitation and food safety prac- submission, reporting under, and implementa- cation program for the fiscal year that are in ex- tices in the processing of fresh cut produce; tion of plan of work requirements including cess of the amount appropriated for the conduct (2) develop improved techniques to monitor those under— of the program for the fiscal year ending Sep- and inspect fresh cut produce; (1) section 1444 and 1444(d) and 1445(c) of the tember 30, 2007, reduced by (II) any amounts ex- (3) develop efficient, rapid and sensitive meth- National Agricultural Research, Extension, and pended pursuant to any adjustment under sub- ods to detect contaminants in fresh cut produce; Teaching Policy Act of 1977 (7 U.S.C. 3221(d) section (d); and’’; and (4) determine the sources of contamination in and 3222(c), respectively); (5) by amending clause (iii), as redesignated— fresh cut produce; (2) section 7 of the Hatch Act of 1887 (7 U.S.C. (A) by striking ‘‘allocated to each State’’ and (5) develop methods to reduce or destroy 361g); and inserting ‘‘allocated to the institution eligible to harmful pathogens before, during, and after (3) section 4 of the Smith-Lever Act (7 U.S.C. receive funds under the Act of July 2, 1862 (and processing of fresh cut produce; and 344). including the appropriate insular area institu- (6) conduct other research as determined ap- (b) REPORT.—Not later than 180 days after the tion) in each State (and the University of the propriate by the Secretary. date of the enactment of this Act, the Secretary District of Columbia, notwithstanding section (d) MATCHING FUNDS REQUIRED.—The Sec- shall provide to the Committee on Agriculture of 208(c) of Public Law 93–471)’’; and retary shall require the recipient of a grant the House of Representatives and the Committee (B) by striking ‘‘subparagraph.’’ and inserting under this section to provide funds or in-kind on Agriculture, Nutrition, and Forestry of the ‘‘subparagraph: Provided, That the total allo- support from non-Federal sources in an amount Senate a report regarding the review carried out cated under this clause to the University of the at least equal to the amount provided by the under subsection (a). The report shall include District of Columbia shall not exceed (I) the Federal Government. recommendations— amount described in the proviso to clause (ii), (e) COORDINATION.—In carrying out this sec- (1) to reduce the administrative burden and reduced further by (II) the amount allocated tion, the Secretary shall ensure that the Direc- workload upon institutions associated with plan under clause (ii).’’. tor of the applicable Program Office established of work compliance while meeting Department (b) AUTHORIZATION.—Section 1425(c)(3) of the under section 7104(a) coordinates projects and reporting needs for inputs, outputs, and out- National Agriculture Research, Extension, and activities carried out under this section to en- come indicators; Teaching Policy Act of 1977 (7 U.S.C. 3175(c)(3)) sure, to the maximum extent practicable, that (2) to streamline the submission and reporting is amended by striking ‘‘$83,000,000 for each of duplication of effort is eliminated or minimized. requirements of the plan of work such that it is fiscal years 1996 though 2007’’ and inserting (f) AUTHORIZATION OF APPROPRIATIONS.— of practical utility to both the department and ‘‘$90,000,000 for each of fiscal years 2008 through There are authorized to be appropriated such the institution; and 2014’’. (c) EFFECTIVE DATE.—The amendments made sums as are necessary to carry out this section (3) for any legislative changes necessary to by this section take effect on October 1, 2007. for each of fiscal years 2008 through 2012. carry out the plan of work improvements. (g) ADDITIONAL FUNDING.—In addition to SEC. 7605. GRANTS TO 1890 SCHOOLS TO EXPAND (c) CONSULTATION.—In carrying out the re- EXTENSION CAPACITY. funds made available under subsection (f), of view and formulating and compiling the rec- Section 1417(b)(4) of the National Agricultural the funds of the Commodity Credit Corporation, ommendations, the Secretary shall consult with Research, Extension, and Teaching Policy Act the Secretary shall make available to carry out the land grant institutions. this section a total of $25,000,000 for fiscal years of 1977 (7 U.S.C. 3152(b)(4)) is amended by strik- 2008 through 2012. SEC. 7603. MULTISTATE AND INTEGRATION FUND- ing ‘‘teaching and research’’ and inserting ING. ‘‘teaching, research, and extension’’. SEC. 7512. UDC/EFNEP ELIGIBILITY. (a) FUNDS EXPENDED ON INTEGRATION OF RE- SEC. 7606. BORLAUG INTERNATIONAL AGRICUL- Section 208 of the District of Columbia Public SEARCH AND EXTENSION.—Section 3 of the Hatch Postsecondary Education Reorganization Act TURAL SCIENCE AND TECHNOLOGY Act of 1887 (7 U.S.C. 361c) is amended— FELLOWSHIP PROGRAM. (Public Law 93–471) is amended— (1) in subsection (i)(2)(B), by striking ‘‘the (a) ESTABLISHMENT.— (1) in subsection (b)(2), by striking ‘‘, except’’ lesser of’’ and inserting ‘‘25 percent’’; and (1) IN GENERAL.—The Secretary of Agriculture and all that follows through the period and in- (2) by striking clauses (i) and (ii). shall establish a fellowship program to be serting a period; and (b) FUNDS EXPENDED ON MULTISTATE COOPER- known as the ‘‘Borlaug International Agricul- (2) in subsection (c), by striking ‘‘section 3’’ ATIVE EXTENSION ACTIVITIES.—Section 3 of the tural Science and Technology Fellowship Pro- each place it appears and inserting ‘‘section Smith Lever Act (7 U.S.C. 343) is amended— gram,’’ to provide fellowships for scientific 3(c)’’. (1) in subsection (h)(2)(B), by striking ‘‘the training to individuals from eligible countries SEC. 7513. SMITH-LEVER ACT. lesser of’’ and inserting ‘‘25 percent’’; and (as described under subsection (b)) who spe- Section 3(e)(4) of the Smith-Lever Act (7 (2) by striking clauses (i) and (ii). cialize in agricultural education, research, and U.S.C. 343(e)(4)) is amended— SEC. 7604. EXPANDED FOOD AND NUTRITION extension for study in the United States. (1) in the paragraph heading, by inserting EDUCATION PROGRAM. (2) PROGRAMS.—The Secretary shall carry out ‘‘AND THE DISTRICT OF COLUMBIA’’ after (a) FUNDING TO 1862, 1890, AND INSULAR AREA the program established under paragraph (1) ‘‘AREAS’’; INSTITUTIONS.—Section 1425(c)(2)(B) of the Na- through 3 programs designed to assist individual (2) in subparagraph (A), by inserting ‘‘ and tional Agriculture Research, Extension, and fellowship recipients as follows: the District of Columbia’’ after ‘‘United States’’; Teaching Policy Act of 1977 (7 U.S.C. (A) A Graduate Studies Program in Agri- (3) in subparagraph (A), by inserting ‘‘and 3175(c)(2)(B)) is amended— culture to assist individuals who participate in the District of Columbia’’ after ‘‘respectively,’’; (1) in the prefatory material, by striking graduate agricultural degree training at a and ‘‘among the States’’; United States institution.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00180 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.013 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9017 (B) An Individual Career Improvement Pro- SEC. 7608. COST RECOVERY. the national priorities specified in subsection (c) gram to assist agricultural scientists from devel- Section 1473A of the National Agricultural Re- and the outcomes achieved in meeting the na- oping countries to upgrade skills and under- search, Extension, and Teaching Policy Act of tional priorities.’’. standing in agricultural science and technology. 1977 (7 U.S.C. 3319a) is amended by striking SEC. 8002. LONG-TERM, STATE-WIDE ASSESS- (C) The Borlaug Agricultural Policy Executive ‘‘not exceeding 10 percent of the direct cost’’ MENTS AND STRATEGIES FOR FOR- Leadership Course to assist senior agricultural and inserting ‘‘not exceeding 19 percent of the EST RESOURCES. policy makers from eligible countries with an direct cost’’. The Cooperative Forestry Assistance Act of initial focus on sub-Saharan Africa and from SEC. 7609. ORGANIC FOOD AND AGRICULTURAL 1978 is amended by inserting after section 2 (16 the newly independent states of the former So- SYSTEMS FUNDING. U.S.C. 2101) the following new section: viet Union. It is the sense of Congress that the Secretary ‘‘SEC. 2A. STATE-WIDE ASSESSMENT AND STRATE- (b) ELIGIBLE COUNTRIES.—Developing coun- of Agriculture should use a share of Agricul- GIES FOR FOREST RESOURCES. tries, as determined by the Secretary using a tural Research Service’s total annual funding ‘‘(a) ASSESSMENT AND STRATEGIES FOR FOREST gross national income per capita test, shall be for research specific to organic food and agricul- RESOURCES.—For a State to be eligible to receive eligible to participate in the program established tural systems that is at least commensurate with funds under the authorities of this Act, the under this section. the organic sector’s market, in order to facilitate State forester of the State or equivalent State of- (c) PURPOSE OF FELLOWSHIPS.—Fellowships the development of this growing sector. A por- ficial shall develop and submit to the Secretary, under this section shall promote food security tion of these funds should be used to dissemi- not later than two years after the date of the and economic growth in eligible countries by nate research results through the National Agri- enactment of the Farm, Nutrition, and Bio- educating a new generation of agricultural sci- culture Library’s Alternative Farming Systems energy Act of 2007, the following: entists, increasing scientific knowledge and col- Information Center. ‘‘(1) A State-wide assessment of forest resource laborative research to improve agricultural pro- conditions, including— TITLE VIII—FORESTRY ‘‘(A) the conditions and trends of forest re- ductivity, and extending this knowledge to users Subtitle A—Cooperative Forestry Assistance Act sources in that State; and their intermediaries in the market place. of 1978 ‘‘(B) the threats to forest lands and resources Fellowships shall support— in that State consistent with the national prior- (1) training and collaborative research oppor- Sec. 8001. National priorities for private forest conservation. ities specified in section 2(c); tunities through exchanges for entry-level inter- ‘‘(C) any areas or regions of that State that national agricultural research scientists, fac- Sec. 8002. Long-term, State-wide assessments and strategies for forest resources. are of priority; and ulty, and policymakers from eligible countries; ‘‘(D) any areas, known as multi-State areas, (2) collaborative research to improve agricul- Sec. 8003. Assistance to the Federated States of Micronesia, the Republic of the that are of priority to more than just that State. tural productivity; ‘‘(2) A State-wide forest resource strategy, in- Marshall Islands, and the Repub- (3) the transfer of new science and agricul- cluding— lic of Palau. tural technologies to strengthen agricultural ‘‘(A) strategies for addressing threats to forest Sec. 8004. Changes to Forest Resource Coordi- practice; and resources in the State outlined in the assessment nating Committee. (4) the reduction of barriers to technology required by paragraph (1); and Sec. 8005. Changes to State Forest Stewardship adoption. ‘‘(B) a description of the resources available Coordinating Committees. (d) FELLOWSHIP RECIPIENTS.— to the State forester or equivalent State official Sec. 8006. Competition in programs under Coop- (1) ELIGIBLE CANDIDATES.—The Secretary may from all sources to address the State-wide strat- erative Forestry Assistance Act of egy required by subparagraph (A). provide fellowships under the program author- 1978. ized by this section to individuals from eligible ‘‘(b) UPDATING.—The State forester or equiva- Sec. 8007. Cooperative forest innovation part- lent State official shall submit the State-wide countries who specialize in or have experience nership projects. in agricultural education, research, extension, strategy required by subsection (a)(2) on an an- or related fields, including individuals from the Subtitle B—Amendments to Other Laws nual basis. The State-wide assessment of forest public and private sectors, and private agricul- Sec. 8101. Healthy forest reserve program. resource conditions required by subsection (a)(1) tural producers. Sec. 8102. Emergency forest restoration pro- shall be updated as the Secretary or State For- (2) CANDIDATE IDENTIFICATION.—The Sec- gram. ester or equivalent State official determines to be retary shall utilize the expertise of United States Sec. 8103. Office of International Forestry. necessary. land-grant and similar universities, inter- Sec. 8104. Rural revitalization technologies. ‘‘(c) COORDINATION.—In developing the State- wide assessment and annual strategy under sub- national organizations working in agricultural Subtitle C—Miscellaneous Provisions section (a), the State forester or equivalent State research and outreach, and national agricul- Sec. 8201. Hispanic-serving institution agricul- tural research organizations to help identify official shall coordinate with— tural land national resources ‘‘(1) the State Forest Stewardship Coordi- program candidates for fellowships under this leadership program. nating Committee established for the State section from both the public and private sectors under section 19(b); of eligible countries. Subtitle A—Cooperative Forestry Assistance ‘‘(2) the State wildlife agency to incorporate (e) USE OF FELLOWSHIPS.—Fellowships shall Act of 1978 any overlapping priorities included in State promote collaborative programs between agricul- SEC. 8001. NATIONAL PRIORITIES FOR PRIVATE FOREST CONSERVATION. wildlife action plans; and tural professionals of eligible countries with ‘‘(3) the State Technical Committee. Section 2 of the Cooperative Forestry Assist- those of the United States and the international ‘‘(d) FUNDING.—Of the funds available under ance Act of 1978 (16 U.S.C. 2101) is amended— agricultural research system and, as appro- this Act for a fiscal year, the Secretary may not (1) by redesignating subsections (c) and (d) as priate, with United States entities conducting use more than $10,000,000 to implement this sec- subsections (e) and (f), respectively; and research. They will be used to support fellow- tion for that fiscal year. Use of funds for imple- (2) by inserting after subsection (b) the fol- ship recipients through the Graduate Studies menting this section shall be consistent with the lowing new subsections: Program in Agriculture established under sub- original authorities for such funds.’’. section (a)(2)(A). ‘‘(c) PRIORITIES.—In allocating funds appro- priated or otherwise made available under this SEC. 8003. ASSISTANCE TO THE FEDERATED (f) PROGRAM IMPLEMENTATION.—The Sec- STATES OF MICRONESIA, THE RE- retary shall provide for the management, coordi- Act, the Secretary shall focus on the following PUBLIC OF THE MARSHALL ISLANDS, nation, evaluation and monitoring of the overall national private forest conservation priorities, AND THE REPUBLIC OF PALAU. Borlaug International Agricultural Science and notwithstanding other priorities specified else- Section 13(d)(1) of the Cooperative Forestry Technology Fellowship Program and for the in- where in this Act: Act of 1978 (16 U.S.C. 2109(d)(1)) is amended by dividual programs described in subsection (a)(2), ‘‘(1) Conserving and managing working forest striking ‘‘the Trust Territory of the Pacific Is- except that the Secretary may contract out to landscapes for multiple values and uses. lands,’’ and inserting ‘‘the Federated States of one or more collaborating universities the man- ‘‘(2) Protecting forests from threats, including Micronesia, the Republic of the Marshall Is- agement of one or more of the fellowship pro- wildfire, hurricane, tornado, windstorm, snow lands, the Republic of Palau,’’. grams. or ice storm, flooding, drought, invasive species, SEC. 8004. CHANGES TO FOREST RESOURCE CO- (g) AUTHORIZATION OF APPROPRIATIONS.— or insect or disease outbreak, and restoring ap- ORDINATING COMMITTEE. There are authorized to be appropriated without propriate forest types in response to such Section 19 of the Cooperative Forestry Assist- fiscal year limitation such sums as may be nec- threats. ance Act of 1978 (16 U.S.C. 2113) is amended by essary to carry out the program established ‘‘(3) Enhancing public benefits from private striking subsection (a) and inserting the fol- under this section. forests, including air and water quality, soil lowing new subsection: SEC. 7607. SUPPORT FOR RESEARCH REGARDING conservation, biological diversity, carbon stor- ‘‘(a) FOREST RESOURCE COORDINATING COM- DISEASES OF WHEAT, TRITICALE, age, forest products, forestry-related jobs, pro- MITTEE.— AND BARLEY CAUSED BY FUSARIUM duction of renewable energy, wildlife and wild- ‘‘(1) ESTABLISHMENT.—The Secretary shall es- GRAMINEARUM OR BY TILLETIA life habitat, and recreation. tablish a committee, to be known as the ‘Forest INDICA. ‘‘(d) REPORTING REQUIREMENT.—Not later Resource Coordinating Committee’ (in this sec- Section 408(e) of the Agricultural Research, than September 30, 2011, the Secretary shall sub- tion referred to as the ‘Coordinating Com- Extension, and Education Reform Act of 1998 (7 mit to Congress a report describing how funding mittee’), to coordinate private non-industrial U.S.C. 7628(e)) is amended by striking ‘‘2007’’ was used under this Act and through other pro- forestry activities within the Department of Ag- and inserting ‘‘2012’’. grams administered by the Secretary to address riculture and with the private sector.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00181 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.013 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9018 CONGRESSIONAL RECORD — HOUSE July 30, 2007

‘‘(2) COMPOSITION.—The Coordinating Com- (3) by striking paragraphs (3) and (4); and an approved plan in accordance with subsection mittee shall be composed of the following: (4) by redesignating paragraphs (5) and (6) as (c)(2). ‘‘(A) The Chief of the Forest Service. paragraphs (3) and (4), respectively. ‘‘(2) ANNUAL LIMIT.—An owner of non-indus- ‘‘(B) The Chief of the Natural Resources Con- SEC. 8006. COMPETITION IN PROGRAMS UNDER trial private forest lands may not receive more servation Service. COOPERATIVE FORESTRY ASSIST- than $50,000 per year under this section. ‘‘(C) The Director of the Farm Service Agency. ANCE ACT OF 1978. ‘‘(c) ELIGIBILITY.—To be eligible for assistance ‘‘(D) The Administrator of the Cooperative (a) COMPETITION.—Beginning not later than under this section, a landowner must— State Research, Education, and Extension Serv- three years after the date of the enactment of ‘‘(1) have suffered a loss of, or damage to, ice. this Act, the Secretary of Agriculture shall com- non-industrial private forest land due to events, ‘‘(E) A representative from a State Technical petitively allocate a portion, to be determined by including wildfires, hurricanes, drought, wind- Committee established under section 1261 of the the Secretary, of the funds available under the storms, insect and disease, ice storms, or Food Security Act of 1985 (16 U.S.C. 3861). Cooperative Forestry Assistance Act of 1978 (16 invasive species, as determined by the Secretary; ‘‘(F) Non-Federal representatives appointed U.S.C. 2101 et seq.) to State foresters or equiva- and by the Secretary to 3 year terms, although ini- lent State officials. ‘‘(2) develop a plan, in cooperation with the tial appointees shall have staggered terms, in- (b) DETERMINATION.—In determining the com- Secretary, and agree to implement the plan dur- cluding the following persons: petitive allocation of funds under subsection (a), ing the 10-year period beginning on the date of ‘‘(i) At least three State foresters or equivalent the Secretary shall consult with the Forest Re- the loss, that— State officials from geographically diverse re- source Coordinating Committee established by ‘‘(A) provides for reforestation, rehabilitation, gions of the United States. section 19(a) of the Cooperative Forestry Assist- and related measures for the non-industrial pri- ‘‘(ii) A representative of a State fish and wild- ance Act of 1978 (16 U.S.C. 2113(a)). vate forest land; life agency. (c) PRIORITY.—The Secretary shall give pri- ‘‘(B) restores the land and related natural re- ‘‘(iii) A private non-industrial forest land- ority for funding to States for which the strate- sources; owner. gies submitted under section 2A(a)(2) of the Co- ‘‘(C) uses best management practices on the ‘‘(iv) A forest industry representative. operative Forestry Assistance Act of 1978 will forest land, in accordance with the best man- ‘‘(v) A conservation organization representa- best promote the national priorities specified in agement practices as determined by the Sec- tive. section 2(c) of such Act. retary; and ‘‘(vi) A land-grant university or college rep- ‘‘(D) incorporates good stewardship and con- resentative. SEC. 8007. COOPERATIVE FOREST INNOVATION PARTNERSHIP PROJECTS. servation practices on the land, while maintain- ‘‘(vii) A private forestry consultant. ing the land in a forested state. (a) COOPERATIVE FOREST INNOVATION PART- ‘‘(viii) A representative of a State fish and ‘‘(d) NON-INDUSTRIAL PRIVATE FOREST LAND NERSHIP PROJECTS.—The Secretary of Agri- wildlife agency. DEFINED.—In this section, the term ‘non-indus- culture may competitively allocate not more ‘‘(ix) Such other persons as determined by the trial private forest land’ means rural lands, as than 5 percent of funding available under the Secretary to be appropriate. determined by the Secretary, that— Cooperative Forestry Assistance Act of 1978 (16 ‘‘(3) CHAIRPERSON.—The Chief of the Forest ‘‘(1) have existing tree cover or had tree cover U.S.C. 2101 et seq.) to support innovative na- Service shall serve as chairperson of the Coordi- within the preceding 10 years; and tional, regional, or local education, outreach, or nating Committee. ‘‘(2) are owned by any non-industrial private technology transfer projects that the Secretary ‘‘(4) DUTIES.—The Coordinating Committee individual, group, association, corporation, In- determines would substantially increase the shall— dian tribe, or other private legal entity so long ability of the Department of Agriculture to ad- ‘‘(A) provide direction and coordination of ac- as the individual, group, association, corpora- dress the national priorities specified in section tions within the Department of Agriculture, and tion, tribe, or entity has definitive decision-mak- 2(c) of such Act. coordination with State agencies and the pri- ing authority over the lands.’’. (b) ELIGIBILITY.—Notwithstanding the eligi- vate sector, to effectively address the national (b) REGULATIONS.—Not later than one year priorities specified in section 2(c), with specific bility limitations contained within the Coopera- after the date of the enactment of this Act, the focus on private non-industrial forest land- tive Forestry Assistance Act of 1978, any State Secretary of Agriculture shall issue regulations owners; or local government, Indian tribe, land-grant to carry out section 404 of the Agricultural ‘‘(B) clarify individual agency responsibilities college or university, or private entity shall be Credit Act of 1978, as added by subsection (a). eligible for funds under subsection (a). of each agency represented on the Coordinating SEC. 8103. OFFICE OF INTERNATIONAL FOR- (c) COST-SHARE REQUIREMENT.—In carrying Committee concerning the national priorities ESTRY. out subsection (a), the Secretary shall not cover specified in section 2(c), with specific focus on Section 2405(d) of the Global Climate Change more than 50 percent of the total cost of a private non-industrial forested land; Prevention Act of 1990 (7 U.S.C. 6704(d)) is project under such subsection. In calculating ‘‘(C) provide advice on the allocation of amended by striking ‘‘2007’’ and inserting the total cost of a project and contributions funds, including the competitive funds set-aside ‘‘2012’’. by sections 8005 and 8006 of the Farm, Nutrition, made with regard to the project, the Secretary shall include in-kind contributions. SEC. 8104. RURAL REVITALIZATION TECH- and Bioenergy Act of 2007; and NOLOGIES. ‘‘(D) assist the Secretary in developing and re- Subtitle B—Amendments to Other Laws Section 2371(d)(2) of the Food, Agriculture, viewing the report required by section 2(d). SEC. 8101. HEALTHY FOREST RESERVE PROGRAM. Conservation, and Trade Act of 1990 (7 U.S.C. ‘‘(5) MEETING.—The Coordinating Committee Section 508 of the Healthy Forests Restoration 6601(d)(2)) is amended by striking ‘‘2004 through shall meet biannually to discuss progress in ad- Act of 2003 (16 U.S.C. 6578) is amended to read 2008’’ and inserting ‘‘2008 through 2012’’. dressing the national priorities specified in sec- as follows: Subtitle C—Miscellaneous Provisions tion 2(c) and issues regarding non-industrial private forest land. ‘‘SEC. 508. FUNDING. SEC. 8201. HISPANIC-SERVING INSTITUTION AGRI- CULTURAL LAND NATIONAL RE- ‘‘(6) COMPENSATION.— ‘‘Notwithstanding any other provision of law, SOURCES LEADERSHIP PROGRAM. ‘‘(A) FEDERAL MEMBERS.—Members of the Co- of the funds of the Commodity Credit Corpora- ordinating Committee who are full-time officers tion, the Secretary shall make available to carry (a) GRANT AUTHORITY.—The Secretary of Ag- or employees of the United States shall receive out this title $17,000,000 for each of fiscal years riculture may make grants, on a competitive no additional pay, allowances, or benefits by 2008 through 2012. Such funds shall remain basis, to Hispanic-serving institutions for the reason of their service on the Committee. available until expended.’’. purpose of establishing an undergraduate schol- arship program to assist in the recruitment, re- ‘‘(B) NON-FEDERAL MEMBERS.—Non-federal SEC. 8102. EMERGENCY FOREST RESTORATION members of the Coordinating Committee shall PROGRAM. tention, and training of Hispanics and other serve without pay, but may be reimbursed for (a) ESTABLISHMENT.—Title IV of the Agricul- under-represented groups in forestry and related reasonable costs incurred while performing their tural Credit Act of 1978 (16 U.S.C. 2201–2205) is fields. duties on behalf of the Committee.’’. amended— (b) USE OF GRANT FUNDS.—Grants made (1) by redesignating sections 404, 405, and 406 under this section shall be used to recruit, re- SEC. 8005. CHANGES TO STATE FOREST STEWARD- tain, train, and develop professionals to work in SHIP COORDINATING COMMITTEES. as sections 405, 406, and 407, respectively; and forestry and related fields with Federal agen- Section 19(b) of the Cooperative Forestry As- (2) by inserting after section 403 the following cies, such as the Forest Service, State agencies, sistance Act of 1978 (16 U.S.C. 2113(b)) is amend- new section: and private-sector entities. ed— ‘‘SEC. 404. EMERGENCY FOREST RESTORATION (c) AUTHORIZATION OF APPROPRIATIONS.— (1) in paragraph (1)(B)(ii)— PROGRAM. There are authorized to be appropriated to the (A) by striking ‘‘and’’ at the end of subclause ‘‘(a) AVAILABILITY OF ASSISTANCE.—The Sec- Secretary for each of fiscal years 2008 through (VII); and retary of Agriculture is authorized to provide fi- 2012 such sums as may be necessary to carry out (B) by adding at the end the following new nancial and technical assistance to an owner of this section. subclause: non-industrial private forest lands to assist with ‘‘(IX) the State Technical Committee.’’. developing and implementing an approved plan TITLE IX—ENERGY (2) in paragraph (2)(C), by striking ‘‘a Forest in accordance with subsection (c)(2). Sec. 9001. Table of contents. Stewardship Plan under paragraph (3)’’ and in- ‘‘(b) AMOUNT OF ASSISTANCE.— Sec. 9002. Federal procurement of biobased serting ‘‘the State-wide assessment and strategy ‘‘(1) COST SHARE.—Payments under subsection products. regarding forest resource conditions under sec- (a) may not cover more than 75 percent of the Sec. 9003. Loan guarantees for biorefineries and tion 2A’’; total cost of measures implemented pursuant to biofuel production plants.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00182 Fmt 7634 Sfmt 6343 E:\CR\FM\A30JY7.013 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9019 Sec. 9004. Energy audit and renewable energy (A) by striking ‘‘Within one year after the ‘‘(3) Information on the current status of im- development program. date of enactment of this Act’’ and inserting plementation of the procurement preference Sec. 9005. Renewable energy systems and en- ‘‘Not later than 90 days after the date of enact- under this section, including the procurement ergy efficiency improvements. ment of the ƒFarm, Nutrition, and Bioenergy program of each Federal agency under sub- Sec. 9006. Biomass Research and Development Act of 2007≈,’’; and section (g), and the voluntary labeling program Act of 2000. (B) by adding at the end the following: ‘‘Cri- under subsection (h).’’. Sec. 9007. Adjustments to the bioenergy pro- teria shall be issued for finished products and (f) REPEAL OF SUBSECTION.—Subsection (b) of gram. intermediate ingredients and feedstocks.’’; section 9002 of the Farm Security and Rural In- Sec. 9008. Research, extension, and educational (2) by redesignating paragraphs (3) and (4) as vestment Act of 2002 (7 U.S.C. 8102(b)) is hereby programs on biobased energy paragraphs (4) and (5), respectively, and insert- repealed. technologies and products. ing after paragraph (2) the following: SEC. 9003. LOAN GUARANTEES FOR BIOREFIN- Sec. 9009. Energy Council of the Department of ‘‘(3) CONSULTATION.—In developing the eligi- ERIES AND BIOFUEL PRODUCTION Agriculture. bility criteria for the labeling program under PLANTS. Sec. 9010. Farm energy production pilot pro- this section, the Secretary shall consult with Section 9003 of the Farm Security and Rural gram. other Federal agencies and with non-govern- Investment Act of 2002 (7 U.S.C. 8103) is amend- Sec. 9011. Rural energy self-sufficiency initia- mental groups with an interest in biobased prod- ed— tive. ucts including small and large producers of (1) in the section heading, by inserting ‘‘; loan Sec. 9012. Agricultural biofuels from biomass in- biobased materials and products, industry, trade guarantees for biorefineries and biofuel pro- ternship pilot program. organizations, academia, consumer organiza- duction plants’’ after ‘‘grants’’; Sec. 9013. Feedstock flexibility program for bio- tions, and environmental organizations.’’. (2) in subsection (b)(2)(A), by striking ‘‘and’’ energy producers. (d) AUTHORIZATION OF APPROPRIATIONS.— the 1st place it appears and inserting ‘‘or’’; Sec. 9014. Dedicated ethanol pipeline feasibility (1) IN GENERAL.—Paragraph (1) of section (3) in subsection (c), by redesignating sub- studies. 9002(k) of the Farm Security and Rural Invest- sections (d) through (h) as subsections (e) Sec. 9015. Biomass inventory report. ment Act of 2002 (7 U.S.C. 8102(k)) is amended to through (i), respectively, and inserting after Sec. 9016. Future farmsteads program. read as follows: subsection (c) the following: Sec. 9017. Sense of Congress on renewable en- ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) LOAN GUARANTEES.— ergy. ‘‘(A) FEDERAL PROCUREMENT.—There are au- ‘‘(1) IN GENERAL.—The Secretary shall make SEC. 9001. TABLE OF CONTENTS. thorized to be appropriated $1,000,000 for each loan guarantees to eligible entities to assist in Title IX of the Farm Security and Rural In- of fiscal years 2008 through 2013 to implement paying the cost of development and construction vestment Act of 2002 (7 U.S.C. 8101 et seq.) is the provisions of this section other than sub- of biorefineries and biofuel production plants amended by inserting before section 9001 the fol- section (h). (including retrofitting) to carry out projects to lowing new section: ‘‘(B) LABELING.—There are authorized to be demonstrate the commercial viability of 1 or ‘‘SEC. 9000. TABLE OF CONTENTS. appropriated $1,000,000 for each of fiscal years more processes for converting biomass to fuels or ‘‘The table of contents of this title is as fol- 2008 through 2013 to implement subsection (h) of chemicals. lows: this section.’’. ‘‘(2) LIMITATIONS.— (2) FUNDING FOR TESTING OF BIOBASED PROD- ‘‘TITLE IX - ENERGY ‘‘(A) MAXIMUM PERCENTAGE OF LOAN GUARAN- UCTS.—Paragraph (2)(A) of such section is TEED.—A loan guarantee under paragraph (1) ‘‘Sec. 9000. Short title; table of contents. amended by striking ‘‘$1,000,000 for each of fis- shall be for not more than 90 percent of the ‘‘Sec. 9001. Definitions. cal years 2002 through 2007’’ and inserting principal and interest due on the loan. ‘‘Sec. 9002. Federal procurement of biobased ‘‘$2,000,000 for each of fiscal years 2008 through ‘‘(B) TOTAL AMOUNTS GUARANTEED.—The total products. 2013’’. amount of principal and interest guaranteed ‘‘Sec. 9003. Biorefinery development grants. (e) REPORT REQUIREMENTS.— ‘‘Sec. 9004. Biodiesel fuel education program. under paragraph (1) shall not exceed— (1) REPORT BY AGENCIES TO ADMINISTRATOR ‘‘(i) $1,000,000,000, in the case of loans valued ‘‘Sec. 9005. Energy audit and renewable energy FOR FEDERAL PROCUREMENT POLICY.—Sub- development program. at not more than $100,000,000; or section (f) of section 9002 of the Farm Security ‘‘(ii) $1,000,000,000, in the case of loans valued ‘‘Sec. 9006. Rural energy for America program. and Rural Investment Act of 2002 (7 U.S.C. 8102) ‘‘Sec. 9007. Hydrogen and fuel cell technologies. at more than $100,000,000 but not more than is amended— $250,000,000. ‘‘Sec. 9008. Biomass Research and Development (A) by striking ‘‘The Office of’’ and inserting ‘‘(C) MAXIMUM TERM OF LOAN GUARANTEED.— Act of 2000. ‘‘(1) The Administrator for’’; and The Secretary shall determine the maximum ‘‘Sec. 9009. Cooperative research and extension (B) by adding at the end the following new term of a loan guarantee provided under para- projects. paragraph: graph (1).’’; ‘‘Sec. 9010. Continuation of bioenergy program. ‘‘(2) To assist the Administrator for Federal (4) in subsection (f) (as so redesignated)— ‘‘Sec. 9011. Research, extension, and edu- Procurement Policy in preparing the report to (A) in paragraph (2)(B)— cational programs on biobased en- Congress required under paragraph (1), each (i) by striking ‘‘and’’ at the end of clause ergy technologies and products. procuring agency each year shall submit to the (viii); ‘‘Sec. 9012. Energy Council of the Department Administrator a report covering the following: (ii) by striking the period at the end of clause of Agriculture. ‘‘(A) Actions taken to implement subsections (ix) and inserting ‘‘; and’’; and ‘‘Sec. 9013. Farm energy production pilot pro- (c), (d), and (g) of this section. gram. ‘‘(B) The results of the annual review and (iii) by adding at the end the following: ‘‘Sec. 9014. Rural energy self-sufficiency initia- monitoring program established under sub- ‘‘(x) The level of local ownership.’’; and tive. section (g)(2)(C). (B) by adding at the end the following: ‘‘Sec. 9015. Agricultural Biofuels from Biomass ‘‘(C) The number of contracts entered into by ‘‘(3) PRIORITY IN AWARDING LOAN GUARAN- Internship Pilot Program. the agency during the year covered by the re- TEES.—In selecting projects to receive loan guar- ‘‘Sec. 9016. Feedstock flexibility program for port that include the procurement of biobased antees under subsection (d), the Secretary shall bioenergy producers.’’. products. give priority to projects based on the criteria set SEC. 9002. FEDERAL PROCUREMENT OF ‘‘(D) A list of the biobased products procured forth in paragraph (2)(B) of this subsection.’’; BIOBASED PRODUCTS. by the agency during the year covered by the re- and (a) COMPOSITION OF BIOBASED PRODUCTS.— port.’’. (5) in subsection (i) (as so redesignated), by Section 9002(c)(1) of the Farm Security and (2) REPORT BY SECRETARY TO CONGRESS ON IM- striking ‘‘2007’’ and inserting ‘‘2012’’. Rural Investment Act of 2002 (7 U.S.C. PLEMENTATION OF SECTION.—Section 9002 of the SEC. 9004. ENERGY AUDIT AND RENEWABLE EN- 8102(c)(1)) is amended by inserting ‘‘, composed Farm Security and Rural Investment Act of 2002 ERGY DEVELOPMENT PROGRAM. of at least five percent of intermediate ingredi- (7 U.S.C. 8102) is amended by adding at the end Section 9005(i) of the Farm Security and Rural ents and feedstocks (such as biopolymers, meth- the following new subsection: Investment Act of 2002 (7 U.S.C. 8105) is amend- yl soyate, and soy polyols) as designated by the ‘‘(l) REPORT BY SECRETARY TO CONGRESS ON ed by striking ‘‘2007’’ and inserting ‘‘2012’’. Secretary,’’ after ‘‘highest percentage of IMPLEMENTATION OF SECTION.—Not later than SEC. 9005. RENEWABLE ENERGY SYSTEMS AND biobased products practicable’’. six months after the date of the enactment of ENERGY EFFICIENCY IMPROVE- (b) PROCUREMENT GUIDELINE CONSIDER- the Farm, Nutrition, and Bioenergy Act of 2007, MENTS. ATIONS.—Section 9002(e)(2)(B) of the Farm Secu- and each year thereafter, the Secretary shall Section 9006 of the Farm Security and Rural rity and Rural Investment Act of 2002 (7 U.S.C. submit to Congress a report on the implementa- Investment Act of 2002 (7 U.S.C. 8106) is amend- 8102(e)(2)(B)) is amended by striking ‘‘life cycle tion of this section. The report shall include the ed— costs’’ and inserting ‘‘information on life cycle following: (1) by striking the section heading and insert- costs if such information is appropriate and ‘‘(1) A comprehensive management plan defin- ing the following: available’’. ing tasks, milestones, and funding allocations ‘‘SEC. 9006. RURAL ENERGY FOR AMERICA PRO- (c) LABELING REQUIREMENTS AND REVISED for fully implementing this section. GRAM.’’; DEADLINE.—Section 9002(h) of the Farm Secu- ‘‘(2) A list of items designated under sub- (2) in subsection (a)— rity and Rural Investment Act of 2002 (7 U.S.C. section (e)(1)(A) whose procurement will carry (A) in the matter preceding paragraph (1), by 8102(h)) is amended— out the objectives of this section, with associated inserting ‘‘, other agricultural producer’’ after (1) in paragraph (2)— cost and performance data. ‘‘rancher’’;

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00183 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.014 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9020 CONGRESSIONAL RECORD — HOUSE July 30, 2007 (B) in paragraph (1), by striking ‘‘and’’ at the ‘‘(E) technology export; and and Development Technical Advisory Committee end; ‘‘(F) sustainable resource supply; established by this section. (C) in paragraph (2), by striking the period ‘‘(2) the key technical challenges to be over- ‘‘(2) BIOBASED FUEL.—The term ‘biobased fuel’ and inserting ‘‘; and’’; and come in order for biobased industrial products to means any transportation fuel produced from (D) by adding at the end the following new be cost-competitive are finding new technology biomass. paragraph: and reducing the cost of technology for con- ‘‘(3) BIOBASED PRODUCT.—The term ‘biobased ‘‘(3) produce and sell electricity generated by verting biomass into desired biobased industrial product’ means an industrial product (including new renewable energy systems.’’; products; chemicals, materials, and polymers) produced (3) in subsection (b), by inserting ‘‘, other ag- ‘‘(3) biobased fuels have the clear potential to from biomass, or a commercial or industrial ricultural producer’’ after ‘‘rancher’’; be sustainable, low cost, and high performance product (including animal feed and electric (4) in subsection (c)— fuels that are compatible with both current and power) derived in connection with the conver- (A) in paragraph (1)— future transportation systems and provide near- sion of biomass to fuel. (i) in subparagraph (B), by striking ‘‘50 per- zero net greenhouse gas emissions; ‘‘(4) BIOMASS.—The term ‘biomass’ means any cent’’ and inserting ‘‘75 percent’’; and ‘‘(4) biobased chemicals have the clear poten- organic matter that is available on a renewable (ii) by redesignating subparagraph (B) as sub- tial for environmentally benign product life cy- or recurring basis, including agricultural crops paragraph (C) and inserting after subparagraph cles; and trees, wood and wood wastes and residues, (A) the following: ‘‘(5) biobased power can— plants (including aquatic plants), grasses, resi- ‘‘(B) LOAN GUARANTEES.— ‘‘(A) provide environmental benefits; dues, fibers, and animal wastes, municipal ‘‘(i) MAXIMUM AMOUNT.—The amount of a ‘‘(B) promote rural economic development; wastes, and other waste materials. loan guaranteed under this section shall not ex- and ‘‘(5) BOARD.—The term ‘Board’ means the ceed $25,000,000. ‘‘(C) diversify energy resource options; Biomass Research and Development Board es- ‘‘(ii) MAXIMUM PERCENTAGE.—A loan guaran- ‘‘(6) many biomass feedstocks suitable for in- tablished by this section. teed under this section shall not exceed 75 per- dustrial processing show the clear potential for ‘‘(6) DEMONSTRATION.—The term ‘demonstra- cent of the cost of the activity funded under sustainable production, in some cases resulting tion’ means demonstration of technology in a subsection (a).’’; and in improved soil fertility and carbon sequestra- pilot plant or semi-works scale facility. (B) by adding at the end the following new tion; ‘‘(7) INITIATIVE.—The term ‘Initiative’ means paragraph: ‘‘(7)(A) grain processing mills are biorefineries the Biomass Research and Development Initia- ‘‘(3) PRIORITIZATION.—The Secretary shall that produce a diversity of useful food, chem- tive established under this section. give the greatest priority for grants under sub- ical, feed, and fuel products; and ‘‘(8) INSTITUTION OF HIGHER EDUCATION.—The section (a) to activities for which the least per- ‘‘(B) technologies that result in further diver- term ‘institution of higher education’ has the centage of the total cost of such activities is re- sification of the range of value-added biobased meaning given the term in section 102(a) of the quested by the farmer, rancher, other agricul- industrial products can meet a key need for the Higher Education Act of 1965 (20 U.S.C. tural producer, or rural small business.’’. grain processing industry; 1002(a)). (5) by redesignating subsections (e) and (f) as ‘‘(8)(A) cellulosic feedstocks are attractive be- ‘‘(9) NATIONAL LABORATORY.—The term ‘Na- subsection (g) and (h), respectively; and cause of their low cost and widespread avail- tional Laboratory’ has the meaning given that (6) by inserting after subsection (d) the fol- ability; and term in section 2 of the Energy Policy Act of ‘‘(B) research resulting in cost-effective tech- lowing new subsections: 2005. nology to overcome the recalcitrance of cel- ‘‘(e) FEASIBILITY STUDIES.— ‘‘(10) POINT OF CONTACT.—The term ‘point of lulosic biomass would allow biorefineries to ‘‘(1) IN GENERAL.—The Secretary may provide contact’ means a point of contact designated produce fuels and bulk chemicals on a very assistance to a farmer, rancher, other agricul- under this section. large scale, with a commensurately large real- tural producer, or rural small business to con- ‘‘(d) COOPERATION AND COORDINATION IN BIO- ization of the benefit described in paragraph (1); duct a feasibility study of a project for which MASS RESEARCH AND DEVELOPMENT.— ‘‘(9) research into the fundamentals to under- assistance may be provided under this section. ‘‘(1) IN GENERAL.—The Secretary of Agri- stand important mechanisms of biomass conver- culture and the Secretary of Energy shall co- ‘‘(2) LIMITATION.—The Secretary shall use not sion can be expected to accelerate the applica- more than 10 percent of the funds made avail- operate with respect to, and coordinate, policies tion and advancement of biomass processing able to carry out this section to provide assist- and procedures that promote research and de- technology by— ance described in paragraph (1). velopment leading to the production of biobased ‘‘(A) increasing the confidence and speed with fuels and biobased products. ‘‘(3) CRITERIA.—The Secretary shall issue reg- which new technologies can be scaled up; and ‘‘(2) POINTS OF CONTACT.— ulations establishing criteria for the receipt of ‘‘(B) giving rise to processing innovations ‘‘(A) IN GENERAL.—To coordinate research assistance under this subsection. based on new knowledge; and development programs and activities relat- ‘‘(4) AVOIDANCE OF DUPLICATIVE ASSIST- ‘‘(10) the added utility of biobased industrial ing to biobased fuels and biobased products that ANCE.—An farmer, rancher, other agricultural products developed through improvements in are carried out by their respective Depart- producer, or rural small business that receives processing technology would encourage the de- ments— assistance to carry out a feasibility study for a sign of feedstocks that would meet future needs ‘‘(i) the Secretary of Agriculture shall des- project under this subsection shall not be eligi- more effectively; ignate, as the point of contact for the Depart- ble for assistance to carry out a feasibility study ‘‘(11) the creation of value-added biobased in- ment of Agriculture, an officer of the Depart- for the project under any other provision of law. dustrial products would create new jobs in con- ment of Agriculture appointed by the President ‘‘(f) SMALL ACTIVITIES.— struction, manufacturing, and distribution, as to a position in the Department before the date ‘‘(1) LIMITATION ON USE OF FUNDS.—The Sec- well as new higher-valued exports of products of the designation, by and with the advice and retary shall use not less than 15 percent of the and technology; consent of the Senate; and funds made available under subsection (h) to ‘‘(12)(A) because of the relatively short-term ‘‘(ii) the Secretary of Energy shall designate, provide grants for activities that have a cost of time horizon characteristic of private sector in- as the point of contact for the Department of $50,000 or less. vestments, and because many benefits of bio- Energy, an officer of the Department of Energy ‘‘(2) EXCEPTION.—Beginning on the first day mass processing are in the national interest, it is appointed by the President to a position in the of the third quarter of a fiscal year, the limita- appropriate for the Federal Government to pro- Department before the date of the designation, tion on the use of funds under paragraph (1) vide precommercial investment in fundamental by and with the advice and consent of the Sen- shall not apply to funds made available under research and research-driven innovation in the ate. subsection (h) for such fiscal year.’’. biomass processing area; and ‘‘(B) DUTIES.—The points of contact shall SEC. 9006. BIOMASS RESEARCH AND DEVELOP- ‘‘(B) such an investment would provide a val- jointly— MENT ACT OF 2000. uable complement to ongoing and past govern- ‘‘(i) assist in arranging interlaboratory and (a) RESTATEMENT OF ACT.—Section 9008 of the mental support in the biomass processing area; site-specific supplemental agreements for re- Farm Security and Rural Investment Act of 2002 and search and development projects relating to (116 Stat. 486) is amended to read as follows: ‘‘(13) several prominent studies, including biobased fuels and biobased products; ‘‘SEC. 9008. BIOMASS RESEARCH AND DEVELOP- studies by the President’s Committee of Advisors ‘‘(ii) serve as cochairpersons of the Board; MENT ACT OF 2000. on Science and Technology and the National ‘‘(iii) administer the Initiative; and ‘‘(a) SHORT TITLE.—This section may be cited Research Council— ‘‘(iv) respond in writing to each recommenda- as the ‘Biomass Research and Development Act ‘‘(A) support the potential for large research- tion of the Advisory Committee made under sub- of 2000’. driven advances in technologies for production section (f). ‘‘(b) FINDINGS.—Congress finds that— of biobased industrial products as well as associ- ‘‘(e) BIOMASS RESEARCH AND DEVELOPMENT ‘‘(1) conversion of biomass into biobased in- ated benefits; and BOARD.— dustrial products offers outstanding potential ‘‘(B) document the need for a focused, inte- ‘‘(1) ESTABLISHMENT.—There is established the for benefit to the national interest through— grated, and innovation-driven research effort to Biomass Research and Development Board, ‘‘(A) improved strategic security and balance provide the appropriate progress in a timely which shall supersede the Interagency Council of payments; manner. on Biobased Products and Bioenergy established ‘‘(B) healthier rural economies; ‘‘(c) DEFINITIONS.—In this section: by Executive Order No. 13134, to coordinate pro- ‘‘(C) improved environmental quality; ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi- grams within and among departments and agen- ‘‘(D) near-zero net greenhouse gas emissions; sory Committee’ means the Biomass Research cies of the Federal Government for the purpose

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00184 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.014 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9021 of promoting the use of biobased fuels and ‘‘(iii) an individual affiliated with an institu- ‘‘(iii) to enhance the value of coproducts arise biobased products by— tion of higher education who has expertise in from such technologies and processes; and ‘‘(A) maximizing the benefits deriving from biobased fuels and biobased products; ‘‘(C) a diversity of sustainable domestic Federal grants and assistance; and ‘‘(iv) two prominent engineers or scientists sources of biomass for conversion to biobased ‘‘(B) bringing coherence to Federal strategic from government or academia who have exper- fuels and biobased products. planning. tise in biobased fuels and biobased products; ‘‘(3) PURPOSES.—The purposes of the Initia- ‘‘(2) MEMBERSHIP.—The Board shall consist ‘‘(v) an individual affiliated with a commodity tive are— of— trade association; ‘‘(A) to increase the energy security of the ‘‘(A) the point of contact of the Department of ‘‘(vi) 2 individuals affiliated with an environ- United States; Energy designated under subsection (d), who mental or conservation organization; ‘‘(B) to create jobs and enhance the economic shall serve as cochairperson of the Board; ‘‘(vii) an individual associated with State gov- development of the rural economy; ‘‘(C) to enhance the environment and public ‘‘(B) the point of contact of the Department of ernment who has expertise in biobased fuels and health; and Agriculture designated under subsection (d), biobased products; ‘‘(viii) an individual with expertise in energy ‘‘(D) to diversify markets for raw agricultural who shall serve as cochairperson of the Board; and forestry products. ‘‘(C) a senior officer of each of the Depart- and environmental analysis; ‘‘(ix) an individual with expertise in the eco- ‘‘(4) TECHNICAL AREAS.—To advance the objec- ment of the Interior, the Environmental Protec- tives and purposes of the Initiative, the Sec- nomics of biobased fuels and biobased products; tion Agency, the National Science Foundation, retary of Agriculture and the Secretary of En- and the Office of Science and Technology Pol- ‘‘(x) an individual with expertise in agricul- tural economics; ergy, in consultation with the Administrator of icy, each of whom shall— the Environmental Protection Agency and heads ‘‘(i) be appointed by the head of the respective ‘‘(xi) an individual with expertise in agron- omy, crop science, or soil science; and of other appropriate departments and agencies agency; and (referred to in this subsection as the ‘Secre- ‘‘(ii) have a rank that is equivalent to the ‘‘(xii) at the option of the points of contact, other members. taries’), shall direct research, development, and rank of the points of contact; and commercial applications toward— ‘‘(D) at the option of the Secretary of Agri- ‘‘(B) APPOINTMENT.—The members of the Ad- visory Committee shall be appointed by the ‘‘(A) feedstocks and feedstock systems relevant culture and the Secretary of Energy, other mem- to production of raw materials for conversion to bers appointed by the Secretaries (after con- points of contact. ‘‘(3) DUTIES.—The Advisory Committee shall— biobased fuels and biobased products, includ- sultation with the members described in sub- ‘‘(A) advise the points of contact with respect ing— paragraphs (A) through (C)). to the Initiative; and ‘‘(i) development of advanced and dedicated UTIES.—The Board shall— ‘‘(3) D ‘‘(B) evaluate whether, and make rec- crops and other biomass sources with desired ‘‘(A) coordinate research and development ac- ommendations in writing to the Board to ensure features, including enhanced productivity, tivities relating to biobased fuels and biobased that— broader site range, low requirements for chem- products— ‘‘(i) funds authorized for the Initiative are ical inputs, and enhanced processing; ‘‘(i) between the Department of Agriculture distributed and used in a manner that is con- ‘‘(ii) advanced crop production methods to and the Department of Energy; and sistent with the objectives, purposes, and con- achieve the features described in clause (i); ‘‘(ii) with other departments and agencies of siderations of the Initiative; ‘‘(iii) feedstock harvest, handling, transport, the Federal Government; ‘‘(ii) solicitations are open and competitive and storage; ‘‘(B) provide recommendations to the points of with awards made annually and that objectives ‘‘(iv) strategies for integrating feedstock pro- contact concerning administration of this title; and evaluation criteria of the solicitations are duction into existing managed land; and ‘‘(C) ensure that— ‘‘(v) improving the value and quality of co- clearly stated and minimally prescriptive, with ‘‘(i) solicitations are open and competitive products, including materials used for animal no areas of special interest; feeding; with awards made annually; and ‘‘(iii) the points of contact are funding pro- ‘‘(B) overcoming recalcitrance of cellulosic ‘‘(ii) objectives and evaluation criteria of the posals under this title that are selected on the biomass through developing technologies for solicitations are clearly stated and minimally basis of merit, as determined by an independent converting cellulosic biomass into intermediates prescriptive, with no areas of special interest; panel of scientific and technical peers predomi- that can subsequently be converted into and nantly from outside the Departments of Agri- ‘‘(D) ensure that the panel of scientific and biobased fuels and biobased products, includ- culture and Energy; and technical peers assembled under subsection (g) ing— ‘‘(iv) activities under this section are carried ‘‘(i) pretreatment in combination with enzy- to review proposals is composed predominantly out in accordance with this section. of independent experts selected from outside the matic or microbial hydrolysis; ‘‘(4) COORDINATION.—To avoid duplication of ‘‘(ii) thermochemical approaches, including Departments of Agriculture and Energy. effort, the Advisory Committee shall coordinate ‘‘(4) FUNDING.—Each agency represented on gasification and pyrolysis; and its activities with those of other Federal advi- ‘‘(iii) self-processing crops that express en- the Board is encouraged to provide funds for sory committees working in related areas. any purpose under this section. zymes capable of degrading cellulosic biomass; ‘‘(5) MEETINGS.—The Advisory Committee ‘‘(C) product diversification through tech- ‘‘(5) MEETINGS.—The Board shall meet at least shall meet at least quarterly to enable the Advi- nologies relevant to production of a range of quarterly to enable the Board to carry out the sory Committee to carry out the duties of the biobased products (including chemicals, animal duties of the Board under paragraph (3). Advisory Committee. feeds, and cogenerated power) that eventually ‘‘(f) BIOMASS RESEARCH AND DEVELOPMENT ‘‘(6) TERMS.—Members of the Advisory Com- can increase the feasibility of fuel production in TECHNICAL ADVISORY COMMITTEE.— mittee shall be appointed for a term of 3 years, a biorefinery, including— ‘‘(1) ESTABLISHMENT.—There is established the except that— ‘‘(i) catalytic processing, including Biomass Research and Development Technical ‘‘(A) one-third of the members initially ap- thermochemical fuel production; Advisory Committee, which shall supersede the pointed shall be appointed for a term of 1 year; ‘‘(ii) metabolic engineering, enzyme engineer- Advisory Committee on Biobased Products and and ing, and fermentation systems for biological pro- Bioenergy established by Executive Order No. ‘‘(B) one-third of the members initially ap- duction of desired products, coproducts, or co- 13134— pointed shall be appointed for a term of 2 years. generation of power; ‘‘(A) to advise the Secretary of Energy, the ‘‘(g) BIOMASS RESEARCH AND DEVELOPMENT ‘‘(iii) product recovery; Secretary of Agriculture, and the points of con- INITIATIVE.— ‘‘(iv) power production technologies; tact concerning— ‘‘(1) IN GENERAL.—The Secretary of Agri- ‘‘(v) integration into existing biomass proc- ‘‘(i) the technical focus and direction of re- culture and the Secretary of Energy, acting essing facilities, including starch ethanol quests for proposals issued under the Initiative; through their respective points of contact and in plants, sugar processing or refining plants, and consultation with the Board, shall establish and paper mills, and power plants; and ‘‘(ii) procedures for reviewing and evaluating carry out a Biomass Research and Development ‘‘(vi) enhancement of products and coprod- the proposals; Initiative under which competitively awarded ucts, including dried distillers grains (including ‘‘(B) to facilitate consultations and partner- grants, contracts, and financial assistance are substantially elevated starch content, increased ships among Federal and State agencies, agri- provided to, or entered into with, eligible enti- oil content, improved fatty acid profiles, and im- cultural producers, industry, consumers, the re- ties to carry out research on, and development proved resistance to mold and mycotoxins; and search community, and other interested groups and demonstration of, biobased fuels and ‘‘(D) analysis that provides strategic guidance to carry out program activities relating to the biobased products, and the methods, practices for the application of biomass technologies in Initiative; and and technologies, for their production. accordance with realization of improved sus- ‘‘(C) to evaluate and perform strategic plan- ‘‘(2) OBJECTIVES.—The objectives of the Initia- tainability and environmental quality, cost ef- ning on program activities relating to the Initia- tive are to develop— fectiveness, security, and rural economic devel- tive. ‘‘(A) technologies and processes necessary for opment, usually featuring system-wide ap- ‘‘(2) MEMBERSHIP.— abundant commercial production of biobased proaches. ‘‘(A) IN GENERAL.—The Advisory Committee fuels at prices competitive with fossil fuels; ‘‘(5) ADDITIONAL CONSIDERATIONS.—Within shall consist of— ‘‘(B) high-value biobased products— the technical areas described in paragraph (4), ‘‘(i) an individual affiliated with the biofuels ‘‘(i) to enhance the economic viability of and in addition to advancing the purposes de- industry; biobased fuels and power; scribed in paragraph (3) and the objectives de- ‘‘(ii) an individual affiliated with the biobased ‘‘(ii) as substitutes for petroleum-based feed- scribed in paragraph (2), the Secretaries shall industrial and commercial products industry; stocks and products; and support research and development—

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‘‘(A) to create continuously expanding oppor- ‘‘(E) TECHNOLOGY AND INFORMATION TRANS- (b) REPEAL.—Title III of the Agricultural Risk tunities for participants in existing biofuels pro- FER TO AGRICULTURAL USERS.—The Adminis- Protection Act of 2000 (Public Law 106-224) is duction by seeking synergies and continuity trator of the Cooperative State Research, Edu- hereby repealed. with current technologies and practices, such as cation, and Extension Service and the Chief of (c) MANAGEMENT PLAN SUBMISSION DATE.— improvements in dried distillers grains as a the Natural Resources Conservation Service The first management plan required to be sub- bridge feedstock; shall ensure that applicable research results and mitted under section 9008(i)(3) of the Biomass ‘‘(B) to maximize the environmental, eco- technologies from the Initiative are adapted, Research and Development Act of 2000, as added nomic, and social benefits of production of made available, and disseminated through those by subsection (a), shall be submitted not later biobased fuels and biobased products on a large services, as appropriate. than 180 days after the date of the enactment of scale through life-cycle economic and environ- ‘‘(h) ADMINISTRATIVE SUPPORT AND FUNDS.— this Act. mental analysis and other means; and ‘‘(1) IN GENERAL.—To the extent administra- SEC. 9007. ADJUSTMENTS TO THE BIOENERGY ‘‘(C) to assess the potential of Federal land tive support and funds are not provided by PROGRAM. and land management programs as feedstock re- other agencies under paragraph (2)(b), the Sec- Section 9010 of the Farm Security and Rural sources for biobased fuels and biobased prod- retary of Energy and the Secretary of Agri- Investment Act of 2002 (7 U.S.C. 8108) is amend- ucts, consistent with the integrity of soil and culture may provide such administrative support ed— water resources and with other environmental and funds of the Department of Energy and the (1) in subsection (a)— considerations. Department of Agriculture to the Board and the (A) in paragraph (1)— ‘‘(6) ELIGIBLE ENTITIES.—To be eligible for a Advisory Committee as are necessary to enable (i) in subparagraph (A), by striking ‘‘and’’; grant, contract, or assistance under this sub- the Board and the Advisory Committee to carry (ii) in subparagraph (B), by striking the final section, an applicant shall be— out their duties under this section. period and inserting a semicolon; and ‘‘(A) an institution of higher education; ‘‘(2) OTHER AGENCIES.—The heads of the (iii) by adding at the end the following new ‘‘(B) a National Laboratory; agencies referred to in subsection (e)(2)(C), and subparagraphs: ‘‘(C) a Federal research agency; the other members appointed under subsection ‘‘(C) production of heat and power at a ‘‘(D) a State research agency; (e)(2)(D), may, and are encouraged to, provide biofuels plant; ‘‘(E) a private sector entity; administrative support and funds of their re- ‘‘(D) biomass gasification; ‘‘(F) a nonprofit organization; or spective agencies to the Board and the Advisory ‘‘(E) hydrogen made from cellulosic commod- ‘‘(G) a consortium of two or more entities de- Committee. ities for fuel cells; scribed in subparagraphs (A) through (F). ‘‘(3) LIMITATION.—Not more than 4 percent of ‘‘(F) renewable diesel; ‘‘(7) ADMINISTRATION.— the amount appropriated for each fiscal year ‘‘(G) such other items as the Secretary con- ‘‘(A) IN GENERAL.—After consultation with the under subsection (g)(6) may be used to pay the siders appropriate.’’; Board, the points of contact shall— (B) by striking paragraph (3) and inserting administrative costs of carrying out this section. ‘‘(i) publish annually one or more joint re- the following: ‘‘(i) REPORTS.— quests for proposals for grants, contracts, and ‘‘(3) ELIGIBLE FEEDSTOCK.— ‘‘(1) ANNUAL REPORTS.—For each fiscal year assistance under this subsection; ‘‘(A) IN GENERAL.—The term ‘eligible feed- for which funds are made available to carry out ‘‘(ii) require that grants, contracts, and assist- stock’ means— this section, the Secretary of Energy and the ance under this section be awarded competi- ‘‘(i) any plant material grown or collected for Secretary of Agriculture shall jointly submit to tively, on the basis of merit, after the establish- the purpose of being converted to energy (in- Congress a detailed report on— ment of procedures that provide for scientific cluding aquatic plants); ‘‘(A) the status and progress of the Initiative, peer review by an independent panel of sci- ‘‘(ii) any organic byproduct or residue from including a report from the Advisory Committee entific and technical peers; and agriculture and forestry, including mill residues on whether funds appropriated for the Initiative ‘‘(iii) give some preference to applications and pulping residues that can be converted into have been distributed and used in a manner that— energy; ‘‘(I) involve a consortia of experts from mul- that— ‘‘(iii) any waste material that can be con- tiple institutions; ‘‘(i) is consistent with the objectives, purposes, verted to energy and is derived from plant mate- ‘‘(II) encourage the integration of disciplines and additional considerations described in para- rial, including— and application of the best technical resources; graphs (2) through (5) of subsection (g); ‘‘(I) wood waste and residue; and ‘‘(ii) uses the set of criteria established in the ‘‘(II) specialty crop waste, including waste de- ‘‘(III) increase the geographic diversity of initial report submitted under title III of the Ag- rived from orchard trees, vineyard crops, and demonstration projects. ricultural Risk Protection Act of 2000; nut crops; or ‘‘(B) DISTRIBUTION OF FUNDING BY TECHNICAL ‘‘(iii) achieves the distribution of funds de- ‘‘(III) other fruit and vegetable byproducts or AREA.—Of the funds authorized to be appro- scribed in subparagraphs (B) and (C) of sub- residues; or priated for activities described in this sub- section (g)(7); and ‘‘(iv) animal waste and byproducts. section, funds shall be distributed for each of ‘‘(iv) takes into account any recommendations ‘‘(B) EXCLUSION.—The term ‘eligible feedstock’ fiscal years 2007 through 2012 so as to achieve that have been made by the Advisory Com- does not include corn starch.’’; an approximate distribution of— mittee; (C) in paragraph (4), by striking ‘‘an eligible ‘‘(i) 20 percent of the funds to carry out ac- ‘‘(B) the general status of cooperation and re- commodity’’ and inserting ‘‘eligible feedstock’’; tivities for feedstock production under para- search and development efforts carried out at and graph (4)(A); each agency with respect to biobased fuels and (D) by adding at the end the following new ‘‘(ii) 45 percent of the funds to carry out ac- biobased products, including a report from the paragraph: tivities for overcoming recalcitrance of cellulosic Advisory Committee on whether the points of ‘‘(5) RENEWABLE DIESEL.—The term ‘renew- biomass under paragraph (4)(B), of which not contact are funding proposals that are selected able diesel’ means any type of biobased renew- less than 10 percent shall be used for activities under subsection (g)(3)(B)(iii); and able fuel derived from plant or animal matter referred to in each clause of paragraph (4)(B); ‘‘(C) the plans of the Secretary of Energy and that may be used as a substitute for standard ‘‘(iii) 30 percent of the funds to carry out ac- the Secretary of Agriculture for addressing con- diesel fuel and meets the requirements of an ap- tivities for product diversification under para- cerns raised in the report, including concerns propriate American Society for Testing and Ma- graph (4)(C); and raised by the Advisory Committee. terial standard. Such term does not include any ‘‘(iv) 5 percent of the funds to carry out ac- ‘‘(2) UPDATES.—The Secretary and the Sec- fuel derived from coprocessing an eligible feed- tivities for strategic guidance under paragraph retary of Energy shall update the Vision and stock with a feedstock that is not biomass.’’; (4)(D). Roadmap documents prepared for Federal bio- and ‘‘(C) DISTRIBUTION OF FUNDING WITHIN EACH mass research and development activities. (2) in subsection (b)— TECHNICAL AREA.—Within each technical area ‘‘(3) MANAGEMENT PLAN.—The Secretary shall (A) in paragraph (1)— described in subparagraphs (A) through (C) of every five years, in consultation with the Sec- (i) by striking ‘‘The Secretary shall continue’’ paragraph (4), funds shall be distributed for retary of Energy, submit to Congress a detailed and all that follows through ‘‘the Secretary each of fiscal years 2007 through 2012 so as to management plan for the implementation of this makes’’ and inserting ‘‘The Secretary shall achieve an approximate distribution of— section. The management plan shall include— make’’; and ‘‘(i) 15 percent of the funds for applied fun- ‘‘(A) consideration of the contribution of the (ii) by striking ‘‘eligible commodities’’ and in- damentals; section towards achieving the objectives referred serting ‘‘eligible feedstock’’; ‘‘(ii) 35 percent of the funds for innovation; to in paragraphs (2) and (3) of subsection (g) (B) in paragraph (2)(B), by striking ‘‘eligible and and in achieving the goals of the biomass pro- commodities’’ and inserting ‘‘eligible feedstock’’; ‘‘(iii) 50 percent of the funds for demonstra- gram of the Department of Energy; (C) in paragraph (3), by striking subpara- tion and commercial applications. ‘‘(B) consideration of input solicited from the graphs (B) and (C) and inserting the following: ‘‘(D) MATCHING FUNDS.— Advisory Committee, State, and private sources; ‘‘(B) PRIORITY.—In making payments under ‘‘(i) IN GENERAL.—A minimum 20 percent and this paragraph, the Secretary shall give priority funding match shall be required for demonstra- ‘‘(C) specific and quantifiable near and long- to contracts by considering the factors referred tion projects under this section. term goals. to in section 9003(e)(2)(B).’’; and ‘‘(ii) COMMERCIAL APPLICATIONS.—A minimum ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— (D) by striking paragraph (6) and inserting of 50 percent funding match shall be required There are authorized to be appropriated to carry the following: for commercial application projects under this out this section $200,000,000 for each of fiscal ‘‘(6) LIMITATION.—The Secretary may limit section. years 2006 through 2015.’’. the amount of payments that may be received by

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RESEARCH, EXTENSION, AND EDU- ‘‘(C) the use of animal manure to produce with a substantial farm-based economy that CATIONAL PROGRAMS ON BIOBASED biogas as a substitute for natural gas; commits matching funds in accordance with ENERGY TECHNOLOGIES AND PROD- ‘‘(D) the use of new technologies to provide subsection (g); UCTS. highly energy efficient lighting, buildings, or ve- ‘‘(2) be a United States citizen; Section 9011(j)(1)(C) of the Farm Security and hicles; ‘‘(3) be pursuing an undergraduate or grad- Rural Investment Act of 2002 (7 U.S.C. ‘‘(E) the use of wind power to produce elec- uate program in agriculture and related sup- 8109(j)(1)(C)) is amended by striking ‘‘2010’’ and tricity and hydrogen; and porting subjects with direct relevance to the sub- inserting ‘‘2012’’. ‘‘(F) the use of solar energy. ject of biorefinery, biofuels, and renewable en- SEC. 9009. ENERGY COUNCIL OF THE DEPART- ‘‘(c) CONSIDERATION OF APPLICATIONS.— ergy; and ‘‘(4) meet any other conditions or require- MENT OF AGRICULTURE. ‘‘(1) EVALUATION.—In making grants under Title IX of the Farm Security and Rural In- this section, the Secretary shall evaluate appli- ments that the Secretary considers necessary. ‘‘(c) PRIORITIES OF INTERNSHIP PILOT PRO- vestment Act of 2002 (7 U.S.C. 8101 et seq.) is cations based on their ability to demonstrate— GRAM.—In administering the Program (includ- further amended by adding at the end the fol- ‘‘(A) integration of different renewable energy ing in the selection of students to participate in lowing new section: sources at lowest total cost; the Program), the Secretary shall prioritize the ‘‘SEC. 9012. ENERGY COUNCIL OF THE DEPART- ‘‘(B) integration of different renewable energy MENT OF AGRICULTURE. following activities and placements: sources with greatest potential for commer- ‘‘(1) Structured internship experiences that ‘‘(a) IN GENERAL.—The Secretary of Agri- cialization; and feature direct, hands-on assistance to policy culture shall establish an energy council in the ‘‘(C) development of best practices, and models Office of the Secretary (in this section referred makers engaged in the development and imple- for viable rural energy self-sufficiency. mentation of agriculture and related supporting to as the ‘Council’) to coordinate the energy pol- ‘‘(2) PREFERENCE.—In making grants under policies and legislation, with direct relevance to icy of the Department of Agriculture and con- this section, the Secretary shall give preference the subject of biorefinery, biofuels, and renew- sult with other departments and agencies of the to those which propose a project developed or able energy. Federal Government. carried out in coordination with— ‘‘(2) Internship and academic seminar pro- ‘‘(b) MEMBERSHIP.— ‘‘(A) universities or their non-profit founda- grams that provide a combination of workforce ‘‘(1) IN GENERAL.—The Secretary shall appoint tions; training, experiential education, and leadership the members of the Council from among the staff ‘‘(B) Federal, State, or local government agen- development designed specifically for the De- of the agencies and mission areas of the Depart- cies; partment of Agriculture and Congress, with re- ment of Agriculture with responsibilities relating ‘‘(C) public or private power generation enti- gard to agriculture-based biorefinery, biofuels, to energy programs or policies. ties; or and related renewable energy policies. ‘‘(2) CHAIR.—The chief economist and the ‘‘(D) government entities with responsibility ‘‘(3) Establishment of regional and state net- Under Secretary for Rural Development of the for water or natural resources. works that partner with the agricultural busi- Department of Agriculture shall serve as the ‘‘(d) GRANTS.— ness, government and academic communities to Chairs of the Council. ‘‘(1) COST-SHARING.—The amount of a grant enhance the prospects for providing financial ‘‘(c) DUTIES OF OFFICE OF ENERGY POLICY under this section with respect to an application assistance to students, particularly minority AND NEW USES.—The Office of Energy Policy shall not exceed 75 percent of the cost of the ac- students, from colleges and universities in each and New Uses of the Department of Agriculture tivities described in the application. participating State who are from economically shall support the activities of the Council.’’. ‘‘(2) NUMBER OF GRANTS PER YEAR.—The Sec- disadvantaged backgrounds. SEC. 9010. FARM ENERGY PRODUCTION PILOT retary may make not more than 5 grants under ‘‘(4) Internship and academic seminar pro- PROGRAM. this section in each fiscal year. grams that focus on agriculture-based research, Title IX of the Farm Security and Rural In- ‘‘(e) USE OF GRANTS.—A community to which development, and policies addressing new tech- vestment Act of 2002 (7 U.S.C. 8101 et seq.) is a grant is made under this section shall use the nologies to enhance agriculture production and further amended by adding at the end the fol- grant to develop an integrated renewable energy enhanced economic development in the agri- lowing new section: system to improve the energy efficiency of the culture sector of the United States. ‘‘SEC. 9013. FARM ENERGY PRODUCTION PILOT community, and shall document any energy sav- ‘‘(d) ADMINISTRATION OF THE PILOT PRO- PROGRAM. ings resulting from the use of the grant. GRAM.—The Secretary, in consultation with ‘‘(a) PROGRAM.—The Secretary of Agriculture ‘‘(f) REPORT TO THE CONGRESS.—The Sec- other executive and legislative branch officials, shall establish a pilot program to provide grants retary shall submit to the Committee on Agri- shall administer the Program. The Secretary to farmers for the purpose of demonstrating the culture of the House of Representatives and the may engage the services of an experienced, non- feasibility of making a farm energy neutral Committee on Agriculture, Nutrition, and For- profit, nonpartisan professional internship and using existing technologies. estry of the Senate a report that document the academic seminar organization with extensive ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— best practices and approaches used by grantees experience in developing and carrying out There is authorized to be appropriated to carry receiving funds under this section. Washington-based or other State-based intern- out this section $5,000,000 for fiscal years 2008 ‘‘(g) LIMITATIONS ON AUTHORIZATION OF AP- ship programs and State-based financial assist- through 2012.’’. PROPRIATIONS.—For grants under this section, ance initiatives for interns to assist in carrying SEC. 9011. RURAL ENERGY SELF-SUFFICIENCY there are authorized to be appropriated to the out the Program. INITIATIVE. ‘‘(e) SCHOLARSHIPS AND OTHER ASSISTANCE Secretary not more than $5,000,000 for fiscal Title IX of the Farm Security and Rural In- FOR INTERNSHIPS.—The Secretary may make year 2008, and such sums as may be necessary vestment Act of 2002 (7 U.S.C. 8101 et seq.) is available to undergraduate and graduate stu- for fiscal years 2009 through 2012.’’. further amended by adding at the end the fol- dents participating in the Program scholarships lowing new section: SEC. 9012. AGRICULTURAL BIOFUELS FROM BIO- or other types of financial assistance, including MASS INTERNSHIP PILOT PROGRAM. ‘‘SEC. 9014. RURAL ENERGY SELF-SUFFICIENCY funds to cover the cost of housing, per diem liv- INITIATIVE. Title IX of the Farm Security and Rural In- ing expenses, transportation, tuition and other vestment Act of 2002 (7 U.S.C. 8101 et seq.) is ‘‘(a) GRANT AUTHORITY.— educational expenses, and related costs, that ‘‘(1) IN GENERAL.—The Secretary of Agri- further amended by adding at the end the fol- would allow participation by eligible under- culture (in this section referred to as the ‘Sec- lowing new section: graduate and graduate students from economi- retary’) may make grants in accordance with ‘‘SEC. 9015. AGRICULTURAL BIOFUELS FROM BIO- cally-disadvantaged backgrounds within the this section to enable eligible rural communities MASS INTERNSHIP PILOT PROGRAM. Program States. to substantially increase their energy self-suffi- ‘‘(a) ESTABLISHMENT.—The Secretary of Agri- ‘‘(f) LONGITUDINAL STUDIES AND REPORTING ciency. culture shall establish a structured, academi- REQUIREMENTS.— ‘‘(2) ELIGIBLE RURAL COMMUNITY DEFINED.— cally-oriented internship pilot program (in this ‘‘(1) LONGITUDINAL STUDIES AND EVALUATION In this section, the term ‘eligible rural commu- section referred to as the ‘Program’) to provide OF INTERNSHIP PROGRAM.—In developing and nity’ means a community that has a population students from universities in California, Iowa, implementing the Program, the Secretary shall of fewer than 25,000 individuals, and is not lo- Missouri, Georgia, Minnesota, and other states carry out such longitudinal studies and program cated in a metropolitan statistical area (as de- with substantial farm-based economies with the evaluations as he or she deems appropriate to fined by the Bureau of the Census). opportunity to work within the Department of ensure that the program is administered in a ‘‘(b) APPLICATIONS.— Agriculture, Congress and legislative branch cost-effective manner and has specific mile- ‘‘(1) IN GENERAL.—A community desiring to re- agencies, other Federal departments and agen- stones, objectives, and results quantified with ceive a grant under this section shall submit to cies, corporations, and nonprofit institutions on regard to such Program. the Secretary an application for the grant, matters pertaining to policies regarding renew- ‘‘(2) REPORTING REQUIREMENTS.—The Sec- which contains a description of how the commu- able energy, including the conversion of biomass retary shall submit to the Committee on Agri- nity would use the grant to develop an inte- and other agricultural products to produce eth- culture of the House of Representatives and the grated renewable energy system to substantially anol and other biofuels. Committee on Agriculture, Nutrition, and For- increase its energy self-sufficiency. ‘‘(b) ELIGIBILITY.—To be eligible for an in- estry of the Senate periodic reports regarding ‘‘(2) INTEGRATED RENEWABLE ENERGY SYS- ternship under subsection (a) a student shall— the development and implementation of the Pro- TEM.—In paragraph (1), the term ‘integrated re- ‘‘(1) be a third or fourth year undergraduate gram, including the longitudinal studies and newable energy system’ includes— student or a graduate student at an accredited evaluations required under paragraph (1).

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‘‘(g) STATE MATCHING REQUIREMENT.—As a ‘‘(B) REESTIMATES.—Not later than the first paragraph (1)(A) and funding is made available condition of receiving an internship under the day of each of the second through fourth quar- under subsection (f), the Secretary shall award Program, the State in which the student receiv- ters of each of fiscal years 2008 through 2012, funding under this section. ing the internship is pursuing an undergraduate the Secretary shall reestimate the quantity of el- (B) STUDIES.—As a condition of receiving or graduate degree shall provide matching funds igible commodities determined under subpara- funds under this section, a recipient of funding in the amount of one dollar for every two dol- graph (A), and provide notice and make pur- shall agree to submit to the Secretary a com- lars provided by the Secretary under the Pro- chases and sales based on such reestimates. pleted feasibility study not later than one year gram. ‘‘(3) COMMODITY CREDIT CORPORATION INVEN- after the date on which the recipient is awarded ‘‘(h) FEDERAL CONTRIBUTION LIMIT.—The TORY.—To the extent that an eligible commodity funds pursuant to paragraph (1)(A). Secretary may not expend more than $200,000 in is owned and held in inventory by the Com- (c) STUDY FACTORS.—Feasibility studies fund- any fiscal year to provide internships to stu- modity Credit Corporation (accumulated pursu- ed under this section shall include consideration dents pursuing an undergraduate or graduate ant to the program authorized under section 156 of— degree in any particular State. of the Federal Agriculture Improvement and Re- (1) existing or potential barriers to dedicated ‘‘(i) APPLICATION OF FUNDS.—The Secretary form Act (7 U.S.C. 7272)), the Secretary shall sell ethanol pipelines, including technical, siting, fi- shall, to the maximum extent practicable, use such commodity to bioenergy producers under nancing, and regulatory barriers; funds made available under subsection (j) to this section. (2) potential evolutionary pathways for the provide scholarships and the other forms of fi- ‘‘(4) TRANSFER RULE; STORAGE FEES.— development of an ethanol pipeline transport nancial assistance described in subsection (e) di- ‘‘(A) GENERAL TRANSFER RULE.—Except as system, such as starting with localized gath- rectly attributable to the participation in the provided in subparagraph (C), the Secretary ering networks as compared to major interstate Program by students from rural, economically- shall ensure that bioenergy producers that pur- ethanol pipelines to carry larger volumes from disadvantaged backgrounds. chase eligible commodities pursuant to this sub- the Midwest to the East or West coast; ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— section take possession of such commodities (3) market risk, including throughput risk, There are authorized to be appropriated such within 30 calendar days of the date of such pur- and ways of mitigating the risk; sums as may be necessary to carry out this sec- chase from the Commodity Credit Corporation. (4) regulatory, financing, and siting options tion.’’. ‘‘(B) PAYMENT OF STORAGE FEES PROHIB- that would mitigate risk in these areas and help SEC. 9013. FEEDSTOCK FLEXIBILITY PROGRAM ITED.— ensure the construction of dedicated ethanol FOR BIOENERGY PRODUCERS. ‘‘(i) IN GENERAL.—The Secretary shall, to the pipelines; Title IX of the Farm Security and Rural In- greatest extent practicable, carry out this sub- (5) financial incentives that may be necessary vestment Act of 2002 (7 U.S.C. 8101 et seq.) is section in a manner that ensures no storage fees for the construction of dedicated ethanol pipe- further amended by adding at the end the fol- are paid by the Commodity Credit Corporation lines, including the return on equity that spon- lowing new section: in the administration of this subsection. sors of the first dedicated ethanol pipelines will ‘‘SEC. 9016. FEEDSTOCK FLEXIBILITY PROGRAM ‘‘(ii) EXCEPTION.—Clause (i) shall not apply require to invest in the pipelines; FOR BIOENERGY PRODUCERS. with respect to any commodities owned and held (6) ethanol production of 20,000,000,000, ‘‘(a) DEFINITIONS.—In this section: in inventory by the Commodity Credit Corpora- 30,000,000,000, and 40,000,000,000 gallons per ‘‘(1) BIOENERGY.—The term ‘bioenergy’ means tion (accumulated pursuant to the program au- year by 2020; and fuel grade ethanol and other biofuel. thorized under section 156 of the Federal Agri- (7) such other factors that the Secretary con- ‘‘(2) BIOENERGY PRODUCER.—The term ‘bio- culture Improvement and Reform Act (7 U.S.C. siders to be appropriate. energy producer’ means a producer of bioenergy 7272)). (d) CONFIDENTIALITY.—If a recipient of fund- that uses an eligible commodity to produce bio- ‘‘(C) OPTION TO PREVENT STORAGE FEES.— ing under this section requests confidential energy under this section. ‘‘(i) IN GENERAL.—The Secretary may enter treatment for critical energy infrastructure in- ‘‘(3) ELIGIBLE COMMODITY.—The term ‘eligible into contracts with bioenergy producers to sell formation or commercially-sensitive data con- commodity’ means a form of raw or refined eligible commodities to such producers prior in tained in a feasibility study submitted by the re- sugar or in-process sugar that is eligible to be time to entering into contracts with eligible enti- cipient under subsection (b)(2)(B), the Secretary marketed in the United States for human con- ties to purchase such commodities to be used to shall offer to enter into a confidentiality agree- sumption or to be used for the extraction of satisfy the contracts entered into with the bio- ment with the recipient to maintain the con- sugar for human consumption. energy producers. fidentiality of the submitted information. ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible enti- ‘‘(ii) SPECIAL TRANSFER RULE.—If the Sec- (e) REVIEW; REPORT.—The Secretary of Agri- ty’ means an entity located in the United States retary makes a sale and purchase referred to in culture shall— that markets an eligible commodity in the clause (i), the Secretary shall ensure that the (1) review the feasibility studies submitted United States. bioenergy producer that purchased eligible com- under subsection (b)(2)(B) or carried out under ‘‘(b) FEEDSTOCK FLEXIBILITY PROGRAM.— modities takes possession of such commodities subsection (b)(1)(B); and ‘‘(1) IN GENERAL.— within 30 calendar days of the date the Com- (2) not later than 90 days after the date on ‘‘(A) PURCHASES AND SALES.—For each of fis- modity Credit Corporation purchases such com- which all studies are completed under sub- cal years 2008 through 2012, the Secretary shall modities. section (b), submit to Congress a report that in- purchase eligible commodities from eligible enti- ‘‘(5) RELATION TO OTHER LAWS.—If sugar that cludes— ties and sell such commodities to bioenergy pro- is subject to a marketing allotment under part (A) information about the potential benefits of ducers for the purpose of producing bioenergy in VII of subtitle B of title III of the Agricultural constructing dedicated ethanol pipelines; and a manner that ensures that 156 of the Federal Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) (B) recommendations for legislation that could Agricultural Improvement and Reform Act (7 is the subject of a payment under this section, help provide for the construction of dedicated U.S.C. 7272) is operated at no cost to the Federal such sugar shall be considered marketed and ethanol pipelines. Government by avoiding forfeitures to the Com- shall count against a processor’s allocation of (f) FUNDING.—There are authorized to be ap- modity Credit Corporation. an allotment under such part, as applicable. propriated to the Secretary of Agriculture to ‘‘(B) COMPETITIVE PROCEDURES.—In carrying ‘‘(6) FUNDING.—The Secretary shall use the carry out this section $1,000,000 for fiscal year out the purchases and sales required under sub- funds, facilities, and authorities of the Com- 2008, to remain available until expended. paragraph (A), the Secretary shall, to the max- modity Credit Corporation, including the use of SEC. 9015. BIOMASS INVENTORY REPORT. imum extent practicable, use competitive proce- such sums as are necessary, to carry out this dures, including the receiving, offering, and ac- section.’’. (a) INVENTORY REQUIRED.—The Secretary of cepting of bids, when entering into contracts Agriculture shall conduct an inventory of bio- SEC. 9014. DEDICATED ETHANOL PIPELINE FEASI- mass resources on a county-by-county basis. with eligible entities and bioenergy producers, BILITY STUDIES. (b) REPORT.—Not later than one year after provided that such procedures are consistent (a) IN GENERAL.—The Secretary of Agri- the date of the enactment of this Act, the Sec- with the purposes of subparagraph (A). culture, in coordination with the Secretary of retary shall submit to the Committee on Agri- ‘‘(C) LIMITATION.—The purchase and sale of Energy and the Secretary of Transportation, culture of the House of Representatives and the eligible commodities under subparagraph (A) shall spend up to $1,000,000 to fund feasibility Committee on Agriculture, Nutrition, and For- shall only be made in fiscal years in which such studies for the construction of dedicated ethanol estry of the Senate a report containing— purchases and sales are necessary to ensure pipelines. (1) the results of the inventory conducted that the program authorized under section 156 (b) CONDUCT OF STUDIES.— under subsection (a); and of the Federal Agriculture Improvement and Re- (1) IN GENERAL.—The Secretary of Agriculture form Act (7 U.S.C. 7272) is operated at no cost shall— (2) an estimate of the amount of unused crop to the Federal Government by avoiding forfeit- (A) through a competitive solicitation process, land in the United States that could be used for ures to the Commodity Credit Corporation. select 1 or more firms having capabilities in the dedicated energy crops. ‘‘(2) NOTICE.— planning, development, and construction of (c) BIOMASS RESOURCES DEFINED.—In this sec- ‘‘(A) IN GENERAL.—Not later than September dedicated pipelines to carry out the feasibility tion, the term ‘‘biomass resource’’ has the mean- 1, 2007, and each September 1 thereafter through studies described in subsection (a); or ing given the term ‘‘eligible commodity’’ in sec- fiscal year 2011, the Secretary shall provide no- (B) carry out the feasibility studies in con- tion 9010(a)(3) of the Farm Security and Rural tice to eligible entities and bioenergy producers junction with such firms. Investment Act of 2002 (7 U.S.C. 8108(a)(3)). of the quantity of eligible commodities that shall (2) TIMING.— SEC. 9016. FUTURE FARMSTEADS PROGRAM. be made available for purchase and sale for the (A) IN GENERAL.—Not later than 120 days (a) ESTABLISHMENT.—The Secretary of Agri- subsequent fiscal year under this section. after the Secretary selects 1 or more firms under culture shall establish a program to equip, in

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each of 5 regions of the country chosen to rep- Sec. 10106. Implementation of food safety pro- (b) AVAILABILITY OF FUNDS.—Subsection (i) of resent different farming practices, a farm house grams under marketing orders. section 101 of the Specialty Crops Competitive- and its surrounding fields, facilities, and for- Sec. 10107. Inclusion of specialty crops in cen- ness Act of 2004 is amended to read as follows: ested areas with technologies to— sus of agriculture. ‘‘(i) FUNDING.—Of the funds of the Commodity (1) improve farm energy production and en- Sec. 10108. Maturity requirements for Hass avo- Credit Corporation, the Secretary of Agriculture ergy use efficiencies; cados. shall make grants under this section, using— (2) provide working examples to farmers; and Sec. 10109. Mushroom promotion, research, and ‘‘(1) $60,000,000 in fiscal year 2008; (3) serve as an education, demonstration, and consumer information. ‘‘(2) $65,000,000 in fiscal year 2009; research facility that will teach graduate stu- Sec. 10110. Fresh produce education initiative. ‘‘(3) $70,000,000 in fiscal year 2010; dents whose focus of research is related to either Subtitle C—Pest and Disease Management ‘‘(4) $75,000,000 in fiscal year 2011; and renewable energy or energy conservation tech- Sec. 10201. Pest and disease program. ‘‘(5) $95,000,000 in fiscal year 2012.’’. nologies. Sec. 10202. Multi-species fruit fly research and (b) GOALS.—The goals of the program estab- (c) CONFORMING AMENDMENTS.—Section 101 of lished under subsection (a) shall be to— sterile fly production. the Specialty Crops Competitiveness Act of 2004 (1) advance farm energy use efficiencies and Subtitle D—Organic Agriculture (Public Law 108–465; 7 U.S.C. 1621 note) is fur- the on-farm production of renewable energies, Sec. 10301. National organic certification cost- ther amended— along with advanced communication and con- share program. (1) in subsection (a), by striking ‘‘Subject to trol technologies with the latest in energy cap- Sec. 10302. Organic production and market the appropriation of funds to carry out this sec- ture and conversion techniques, thereby en- data. tion’’ and inserting ‘‘Using the funds made hancing rural energy independence and cre- Sec. 10303. Organic conversion, technical, and available under subsection (i)’’; ating new revenues for rural economies; educational assistance. (2) in subsection (b), by striking ‘‘appro- priated pursuant to the authorization of appro- (2) accelerate private sector and university re- Subtitle E—Miscellaneous Provisions search into the efficient on-farm production of priations in’’ and inserting ‘‘made available renewable fuels and help educate the farming Sec. 10401. Restoration of import and entry ag- under’’; and industry, students, and the general public; and ricultural inspection functions to (3) in subsection (c), by striking ‘‘Subject to (3) accelerate energy independence, including the Department of Agriculture. the appropriation of sufficient funds to carry the production and the conservation of renew- Sec. 10402. Grant program to improve movement out this subsection, each’’ and inserting able energies on farms. of specialty crops. ‘‘Each’’. Sec. 10403. Authorization of appropriations for (c) COLLABORATION PARTNERS.—The program (d) DEFINITION OF SPECIALTY CROP.—Section under this section shall be carried out in part- market news activities regarding 3(1) of the Specialty Crops Competitiveness Act nership with regional land grant institutions, specialty crops. of 2004 (Public Law 108–465; 7 U.S.C. 1621 note) agricultural commodity commissions, biofuels Sec. 10404. Farmers’ market promotion program. is amended by inserting ‘‘horticulture and’’ be- companies, sensor and controls companies, and Sec. 10405. National Clean Plant Network. fore ‘‘nursery’’. internet technology companies. Subtitle A—Honey and Bees SEC. 10103. ADDITIONAL SECTION 32 FUNDS FOR (d) AUTHORIZATION OF APPROPRIATIONS.— SEC. 10001. ANNUAL REPORT ON RESPONSE TO PURCHASE OF FRUITS, VEGETABLES, There are authorized to be appropriated such HONEY BEE COLONY COLLAPSE DIS- AND NUTS TO SUPPORT DOMESTIC sums as may be necessary to carry out this sec- ORDER. NUTRITION ASSISTANCE PROGRAMS. tion. The Secretary of Agriculture shall submit to (a) FUNDING FOR ADDITIONAL PURCHASES OF SEC. 9017. SENSE OF CONGRESS ON RENEWABLE Congress an annual report describing the FRUITS, VEGETABLES, AND NUTS.—In addition to ENERGY. progress made by the Department of Agriculture the purchases of fruits, vegetables, and nuts re- It is the sense of Congress that— in investigating the cause or causes of honey quired by section 10603 of the Farm Security and (1) energy demand in the United States is pro- bee colony collapse and in finding appropriate Rural Investment Act of 2002 (7 U.S.C. 612c–4), jected to increase by more than 30 percent over strategies to reduce colony loss. the Secretary of Agriculture shall purchase the next two decades; Subtitle B—Horticulture Provisions fruits, vegetables, and nuts for the purpose of (2) increased production of renewable energy providing nutritious foods for use in domestic SEC. 10101. TREE ASSISTANCE PROGRAM. and growth of its infrastructure would assist the nutrition assistance programs, using, of the (a) INCLUSION OF NURSERY TREE GROWERS.— United States in meeting the growing energy de- funds made available under section 32 of the Act (1) ELIGIBILITY.—Section 10201 of the Farm mand; of August 24, 1935 (7 U.S.C. 612c), the following Security and Rural Investment Act of 2002 (7 (3) continued, and even accelerated, develop- amounts: ment of renewable energy inputs and tech- U.S.C. 8201) is amended— (A) by redesignating paragraphs (3) and (4) as (1) $190,000,000 in fiscal year 2008. nologies provide numerous benefits to the (2) $193,000,000 in fiscal year 2009. United States, including improved national se- paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the fol- (3) $199,000,000 in fiscal year 2010. curity and economic growth; (4) $203,000,000 in fiscal year 2011. (4) while it should be a priority of the Federal lowing new paragraph: (5) $206,000,000 in fiscal year 2012 and each Government to continue to promote policies and ‘‘(3) NURSERY TREE GROWER.—The term ‘nurs- fiscal year thereafter. incentives to stimulate growth and development ery tree grower’ means a person who produces (b) FORM OF PURCHASES.—Fruits, vegetables, of renewable energy infrastructure, it should be nursery, ornamental, fruit, nut, or Christmas and nuts may be purchased under this section recognized that the marketplace is also an im- trees for commercial sale, as determined by the in the form of frozen, canned, dried, or fresh portant instrument to determine which renew- Secretary.’’. fruits, vegetables, and nuts. able energy sources and technologies will pro- (2) CONFORMING AMENDMENTS.—Subtitle C of vide the most efficient and effective energy pro- title X of the Farm Security and Rural Invest- (c) VALUE ADDED PRODUCTS.—The Secretary duction; ment Act of 2002 is amended— may consider offering value-added products (5) renewable energy inputs and technology (A) in section 10202 (7 U.S.C. 8202)— containing fruits, vegetables or nuts under this must be available in abundant quantities and (i) in subsection (a), by inserting ‘‘and nurs- section, taking into account— provide energy at competitive prices in a reliable ery tree growers’’ after ‘‘eligible orchardists’’; (1) whether demand exists for the value-added manner for the American consumer; and and product; and (6) it is in the interest of the United States to (ii) in subsection (b), by inserting ‘‘or nursery (2) the interests of entities that receive fruits, diversify its energy portfolio and increase the tree grower’’ after ‘‘eligible orchardist’’; and vegetables, and nuts under this section. energy independence of the United States by (B) in section 10203 (7 U.S.C. 8203), by insert- SEC. 10104. INDEPENDENT EVALUATION OF DE- further developing alternative forms of energy. ing ‘‘and nursery tree growers’’ after ‘‘eligible PARTMENT OF AGRICULTURE COM- orchardists’’. MODITY PURCHASE PROCESS. TITLE X—HORTICULTURE AND ORGANIC (b) ANNUAL PAYMENT LIMITATION.—Section AGRICULTURE (a) EVALUATION REQUIRED.—The Secretary of 10204(a) of the Farm Security and Rural Invest- Agriculture shall arrange to have performed an Subtitle A—Honey and Bees ment Act of 2002 (7 U.S.C. 8204(a)) is amended independent evaluation of the commodity pur- Sec. 10001. Annual report on response to honey by striking ‘‘$75,000’’ and inserting ‘‘$150,000 per chasing processes (and the statutory and regu- bee colony collapse disorder. year’’. latory authority underlying such processes) Subtitle B—Horticulture Provisions (c) APPLICABILITY.—The amendments made by used by the Department of Agriculture to re- Sec. 10101. Tree assistance program. this section shall apply with respect to any nat- move surplus commodities from the market and Sec. 10102. Specialty crop block grants. ural disaster occurring after the date of the en- support commodity prices and producer incomes, Sec. 10103. Additional section 32 funds for pur- actment of this Act for which assistance is pro- especially with regard to activities under section chase of fruits, vegetables, and vided by the Secretary of Agriculture under the 32 of the Act of August 24, 1935 (7 U.S.C. 612c) nuts to support domestic nutrition tree assistance program. and the importance of increasing purchases of assistance programs. SEC. 10102. SPECIALTY CROP BLOCK GRANTS. specialty crops. Sec. 10104. Independent evaluation of Depart- (a) EXTENSION OF PROGRAM.—Subsection (a) (b) SUBMISSION OF RESULTS.—Not later than ment of Agriculture commodity of section 101 of the Specialty Crops Competi- one year after the date of the enactment of this purchase process. tiveness Act of 2004 (Public Law 108–465; 7 Act, the Secretary of Agriculture shall submit to Sec. 10105. Quality requirements for U.S.C. 1621 note) is amended by striking ‘‘2009’’ Congress a report on the results of the evalua- clementines. and inserting ‘‘2012’’. tion.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00189 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.015 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9026 CONGRESSIONAL RECORD — HOUSE July 30, 2007 SEC. 10105. QUALITY REQUIREMENTS FOR ‘‘(2) authorized the diversion, export, or re- (3) create an audit-based certification ap- CLEMENTINES. packing of the Hass avocados. proach to protect against the spread of plant Section 8e(a) of the Agricultural Adjustment ‘‘(f) FEES.—The Secretary may prescribe and pests and to facilitate the interstate movement Act (7 U.S.C. 608e-1(a)), reenacted with amend- collect fees to cover the costs of providing for the of plants and plant products. ments by the Agricultural Marketing Agreement inspection of Hass avocados under this section. (b) EARLY PEST DETECTION AND SURVEILLANCE Act of 1937, is amended in the first sentence by All fees and penalties collected shall be credited IMPROVEMENT PROGRAM.— inserting after ‘‘nectarines,’’ the following: to the accounts that incur such costs and shall (1) COOPERATIVE AGREEMENTS.—The Secretary ‘‘clementines,’’. remain available until expended without fiscal of Agriculture shall enter into cooperative SEC. 10106. IMPLEMENTATION OF FOOD SAFETY year limitation. agreements with State departments of agri- PROGRAMS UNDER MARKETING OR- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— culture to provide grants to such State depart- DERS. There are authorized to be appropriated such ments of agriculture for early pest detection and Section 8c(6) of the Agricultural Adjustment sums as may be necessary to carry out this sec- surveillance activities. Act (7 U.S.C. 608c(6)), reenacted with amend- tion.’’. (2) APPLICATION.—A State department of agri- ments by the Agricultural Marketing Agreement SEC. 10109. MUSHROOM PROMOTION, RESEARCH, culture seeking to enter into a cooperative Act of 1937, is amended by adding at the end the AND CONSUMER INFORMATION. agreement under this subsection shall submit to following: (a) REGIONS AND MEMBERS.—Section the Secretary an application containing such ‘‘(K) In the case of an order related to a spe- 1925(b)(2) of the Mushroom Promotion, Re- information as the Secretary may require. The cialty crop (as such term is defined in section search, and Consumer Information Act of 1990 Secretary shall notify applicants of the fol- 3(1) of the Specialty Crops Competitiveness Act (subtitle B of title XIX of Public Law 101–624; 7 lowing: of 2004 (Public Law 108-465; 118 Stat. 3883)), au- U.S.C. 6104(b)(2)) is amended— (A) The requirements to be imposed on a de- thorizing the implementation of quality-related (1) in subparagraph (B), by striking ‘‘4 re- partment of agriculture for auditing of, and re- food safety programs designed to enhance the gions’’ and inserting ‘‘3 regions’’; porting on, the use of any funds provided by the safety of the specialty crop and products derived (2) in subparagraph (D), by striking Secretary under the cooperative agreement. from specialty crops.’’. ‘‘35,000,000 pounds’’ and inserting ‘‘50,000,000 (B) The criteria to be used to ensure that SEC. 10107. INCLUSION OF SPECIALTY CROPS IN pounds’’; and early pest detection and surveillance activities CENSUS OF AGRICULTURE. (3) by striking subparagraph (E), and insert- supported under the cooperative agreement are Section 2(a) of the Census of Agriculture Act ing the following new subparagraph: based on sound scientific data or thorough risk of 1997 (7 U.S.C. 2204g(a) is amended by adding ‘‘(E) ADDITIONAL MEMBERS.—In addition to assessments. at the end the following new sentence: ‘‘Begin- the members appointed pursuant to paragraph (C) The means of identifying pathways of pest ning with the census of agriculture required to (1), and subject to the nine-member limit of introductions. be conducted in 2008, the Secretary shall con- members on the council provided in such para- (3) USE OF FUNDS.— duct as part of each census of agriculture a cen- graph, the Secretary shall appoint additional (A) PEST DETECTION AND SURVEILLANCE AC- sus of specialty crops (as such term is defined in members to the council from a region which at- TIVITIES.—A State department of agriculture section 3(1) of the Specialty Crops Competitive- tains additional pounds of production as fol- that receives funds under this section shall use ness Act of 2004 (Public Law 108-465; 118 Stat. lows: the funds to carry out early pest detection and 3883)).’’. ‘‘(i) If a region’s annual production is greater surveillance activities approved by the Secretary to prevent the introduction or spread of a pest. SEC. 10108. MATURITY REQUIREMENTS FOR HASS than 110,000,000 pounds, but less than or equal AVOCADOS. to 180,000,000 pounds, the region shall be rep- (B) SUBAGREEMENTS.—A State department of agriculture may use funds received under this Subtitle A of the Agricultural Marketing Act resented by one additional member. section to enter into subagreements with polit- of 1946 is amended by adding at the end the fol- ‘‘(ii) If a region’s annual production is greater ical subdivisions in such State that have legal lowing new section: than 180,000,000 pounds, but less than or equal to 260,000,000 pounds, the region shall be rep- responsibilities relating to agricultural pest and ‘‘SEC. 209. MATURITY REQUIREMENTS FOR HASS disease surveillance. AVOCADOS. resented by two additional members. ‘‘(iii) If a region’s annual production is great- (4) SPECIAL FUNDING CONSIDERATIONS.—The ‘‘(a) MINIMUM PERCENTAGE OF DRY MAT- er than 260,000,000 pounds, the region shall be Secretary shall provide, subject to the avail- TER.—Not later than 180 days after the date of represented by three additional members.’’. ability of funds under subsection (j), funds to a the enactment of the Farm, Nutrition, and Bio- State department of agriculture that the Sec- energy Act of 2007, the Secretary of Agriculture (b) POWERS AND DUTIES OF COUNCIL.—Section 1925(c) of the Mushroom Promotion, Research, retary determines is in a State that has a high shall issue final regulations to require that all risk of being affected by one or more pest, based Hass avocados sold to consumers in the United and Consumer Information Act of 1990 (subtitle B of title XIX of Public Law 101–624; 7 U.S.C. on the following factors: States meet the minimum maturity standard of (A) The number of international airports and not less than 20.8 percent dry matter. 6104(c)) is amended— (1) by redesignating paragraphs (6), (7), and maritime facilities in that State. ‘‘(b) EXCEPTIONS.—Subsection (a) and the reg- (8) as paragraphs (7), (8), and (9), respectively; (B) The volume of international passenger ulations issued pursuant to such subsection and and cargo entry into that State. shall not apply to Hass avocados— (2) by inserting after paragraph (5), the fol- (C) The geographic location of that State and ‘‘(1) intended for consumption by charitable lowing new paragraph (6): if such location is conducive to agricultural pest institutions; ‘‘(6) to develop a program for good agricul- and disease establishment due to the climate or ‘‘(2) intended for distribution by relief agen- tural practices and good handling practices for crop diversity of that State. cies; mushrooms;’’. (D) The types of agricultural commodities or ‘‘(3) intended for commercial processing into plants produced in that State and if the com- products; or SEC. 10110. FRESH PRODUCE EDUCATION INITIA- TIVE. modities or plants produced are conducive to ag- ‘‘(4) that the Secretary determines should not (a) INITIATIVE AUTHORIZED.—The Secretary of ricultural pest and disease establishment due to be subject to such subsection or such regula- the climate or crop diversity of that State. tions. Agriculture may carry out a program to educate persons involved in the fresh produce industry (E) Whether the Secretary has declared an ‘‘(c) USE OF EXISTING INSPECTORS.—The Sec- emergency in that State pursuant to section 442 retary shall, to the greatest extent practicable, and the public about— (1) scientifically proven practices for reducing of the Plant Protection Act (7 U.S.C. 7772) due use inspectors that inspect avocados for compli- microbiological pathogens on fresh produce; and to an agricultural pest or disease of Federal ance with section 8e of the Agricultural Adjust- (2) methods of reducing the threat of cross- concern. ment Act (7 U.S.C. 608e-1), reenacted with contamination of fresh produce through unsani- (F) Such other factors as the Secretary con- amendments by the Agricultural Marketing tary handling practices. siders appropriate. Agreement Act of 1937, to conduct inspections OST SHARE (b) COOPERATION.—The Secretary may carry (5) C - .— under this section. out the program in cooperation with public or (A) FEDERAL COST SHARE; FORM OF NON-FED- ‘‘(d) CIVIL PENALTIES.—The Secretary may re- private partners. ERAL COST SHARE.—Except as provided in sub- quire any person who violates this section or the (c) FUNDING.—There are authorized to be ap- paragraph (B), a cooperative agreement entered regulations issued pursuant to this section to— propriated such sums as are necessary for each into under paragraph (1) shall provide that— ‘‘(1) forfeit to the United States a sum equal of fiscal years 2008 through 2012 to carry out (i) the Federal share of carrying out the coop- to the value of the commodity at the time of vio- this section. erative agreement shall not exceed 75 percent of lation, which forfeiture shall be recoverable in a the total cost; civil suit bought in the name of the United Subtitle C—Pest and Disease Management (ii) the non-Federal share of the cost of car- States; or SEC. 10201. PEST AND DISEASE PROGRAM. rying out the agreement may be provided in- ‘‘(2) on conviction, be fined not less than $50 (a) ESTABLISHMENT.—The Secretary of Agri- kind; and or more than $5,000 for each violation. culture shall establish a program to— (iii) in-kind costs may include indirect costs as ‘‘(e) DIVERSION.—In the case of any Hass avo- (1) conduct early pest detection and surveil- considered appropriate by the Secretary. cados that do not meet the requirements of this lance activities in cooperation with state depart- (B) ABILITY TO PROVIDE FUNDS.—The Sec- section or the regulations issued pursuant to ments of agriculture; retary shall not take the ability to provide non- this section, the Secretary may— (2) determine and prioritize pest and disease Federal costs to carry out a cooperative agree- ‘‘(1) provide for the reinspection of the Hass threats to domestic production of specialty ment entered into under paragraph (1) into con- avocados; or crops; and sideration when deciding whether to enter into

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a cooperative agreement with a State depart- (1) EARLY PEST DETECTION AND SURVEIL- SEC. 10303. ORGANIC CONVERSION, TECHNICAL, ment of agriculture. LANCE.—The term ‘‘early pest detection and sur- AND EDUCATIONAL ASSISTANCE. (C) SPECIAL FUNDING CONSIDERATIONS.—The veillance’’ means the full range of activities un- (a) ESTABLISHMENT.—Not later than 180 days non-federal share of carrying out paragraph (4) dertaken to find newly introduced pests, wheth- after the date of the enactment of this section, shall not exceed 40 percent of the total costs of er new to the United States or new to certain the Secretary shall establish a program to pro- carrying out such paragraph. areas of the United States, before the pests be- vide cost share and incentive payments and (6) REPORTING REQUIREMENT.—Not later than come established, or before pest infestations be- technical and educational assistance to pro- 180 days after the date of completion of an early come too large and costly to eradicate or con- ducers to promote conservation practices and pest detection and surveillance activity con- trol. activities for production systems undergoing ducted by a State department of agriculture (2) PEST.—The term ‘‘pest’’ has the meaning transition, in whole or in part, to organic pro- using funds provided under this section, the de- given the term ‘‘plant pest’’ in section 403(14) of duction in accordance with the Organic Foods partment of agriculture shall submit to the Sec- the Plant Protection Act (7 U.S.C. 7702(14)). Production Act of 1990 (7 U.S.C. 6501 et seq.). (b) ORGANIC TRANSITION COST SHARE AND IN- retary a report that describes the purposes and (3) SPECIALTY CROP.—The term ‘‘specialty CENTIVE PAYMENTS.— results of the activities, including any activities crop’’ has the meaning given the term in section (1) IN GENERAL.—The Secretary shall enter conducted pursuant to a subagreement referred 3(1) of the Specialty Crop Competitiveness Act of into contracts with eligible producers referred to to in paragraph (3)(B). 2004 (Public Law 108-465; 118 Stat. 3883; 7 U.S.C. in paragraph (2) to provide cost-share and in- (c) THREAT IDENTIFICATION AND MITIGATION 1621 note). centive payments to assist in the transition to PROGRAM.— (4) STATE DEPARTMENT OF AGRICULTURE.—The (1) IN GENERAL.—In conducting the program organic production systems. term ‘‘State department of agriculture’’ means (2) ELIGIBLE PRODUCERS.—A producer is an el- established under subsection (a), the Secretary an agency of a State that has a legal responsi- igible producer under this paragraph if such shall— bility to perform early pest detection and sur- (A) develop risk assessments of the existing producer agrees to— veillance activities. (A) develop and carry out environmental and and potential threat to the specialty crop indus- (i) SECRETARIAL DISCRETION.—Section 442(c) conservation activities consistent with an or- try in the United States from pests and disease; of the Plant Protection Act (7 U.S.C. 7772(c)) is ganic plan that protect soil, water, wildlife, air, (B) prepare a list prioritizing pest and disease amended by striking ‘‘of longer than 60 days’’. and other natural resources as defined by the threats to the specialty crop industry; (j) FUNDING.—Of the funds fo the Commodity (C) develop action plans, in consultation with Secretary; Credit Corporation, the Secretary shall make (B) receive technical and education assistance State departments of agriculture and other State available to carry out this section— from the Secretary, or from organizations, insti- or regional resource partnerships, that effec- (1) $10,000,000 for fiscal year 2008; tutions, and consultants with cooperative agree- tively address pest and disease threats to the (2) $25,000,000 for fiscal year 2009; ments with the Secretary, relating to— specialty crop industry, including pathway (3) $40,000,000 for fiscal year 2010; (i) the development and implementation of analysis, domestic and offshore mitigation meas- (4) $55,000,000 for fiscal year 2011; and conservation practices and activities that are ures, and comprehensive exclusion measures at (5) $70,000,000 for fiscal year 2012. part of an organic plan; or ports of entry and other key distribution cen- (ii) other aspects of transition to organic pro- SEC. 10202. MULTI-SPECIES FRUIT FLY RESEARCH ters, in addition to strategies to employ if a pest duction, including marketing, credit, business, or disease is introduced; AND STERILE FLY PRODUCTION. (a) CONSTRUCTION.—The Secretary of Agri- and risk management plans; (D) implement such action plans as soon as (C) submit to annual verification by a certi- culture shall construct a warehouse and irra- they are developed to test the effectiveness of fying agent accredited by the Department of Ag- diation containment facility in Waimanalo, Ha- such action plans and help prevent new foreign riculture under section 2115 of the Organic waii, to support fruit fly rearing and steriliza- and domestic pest and disease threats from Foods Production Act of 1990 (7 U.S.C. 6514) to tion activities. being introduced or widely disseminated in the determine compliance of the producer with or- (b) AUTHORIZATION OF APPROPRIATIONS.— United States; and ganic certification requirements; and (E) collaborate with the nursery industry, re- There are authorized to be appropriated— (D) develop marketing, credit, business, and search institutions, and other appropriate enti- (1) $15,000,000 for the construction of a ware- risk management plans, as appropriate. ties to develop a nursery pest risk management house and irradiation containment facility pur- (3) CONTRACT.—A contract entered into under system to identify nursery pests and diseases, suant to subsection (a); and paragraph (1) shall provide that— prevent the introduction, establishment, and (2) $1,000,000 for fiscal year 2008 and each (A) payments provided to a producer under spread of such pests and diseases, and reduce subsequent fiscal year for maintenance to the the contract shall only be used for— the risk of, prioritize, mitigate, and eradicate facilities constructed pursuant to this section. (i) conservation management and vegetative such pests and diseases. Subtitle D—Organic Agriculture and structural practices and activities during (2) REPORTS.—Not later than one year after transition to certified organic production that— SEC. 10301. NATIONAL ORGANIC CERTIFICATION the date of the enactment of this Act, and annu- (I) are consistent with an organic plan; and COST-SHARE PROGRAM. (II) protect soil, water, wildlife, air, and other ally thereafter, the Secretary shall update and Section 10606 of the Farm Security and Rural submit to Congress the priority list and action natural resources, as required under the Or- Investment Act of 2002 (7 U.S.C. 6523) is amend- ganic Foods Production Act of 1990 (7 U.S.C. plans described in paragraph (1), including an ed— accounting of funds expended on the action 6501 et seq.); (1) in subsection (a), by striking ‘‘$5,000,000 (ii) animal production measures consistent plans. for fiscal year 2002’’ and inserting ‘‘$22,000,000 (d) AUDIT-BASED APPROACH TO SPECIALTY with an organic plan; and for fiscal year 2008’’; and (iii) such other measures as the Secretary de- CROP PHYTOSANITARY CERTIFICATION.—In con- (2) in subsection (b)(2), by striking ‘‘$500’’ and ducting the program established under sub- termines are appropriate and consistent with an inserting ‘‘$750’’. section (a), the Secretary shall provide funds organic plan; (B) subject to subparagraph (C), the contract and technical assistance to specialty crop grow- SEC. 10302. ORGANIC PRODUCTION AND MARKET shall terminate after a period of not more than ers, organizations representing such growers, DATA. three years; and State and local agencies working with such (a) NEW DATA REQUIREMENTS.—Section 7407 of the Farm Security and Rural Investment Act (C) the Secretary may terminate the contract growers and organizations for the development if the Secretary determines the eligible producer and implementation of certification systems of 2002 (7 U.S.C. 5925c) is amended to read as follows: is not pursuing organic certification under the based on audit-based approaches, such as best Organic Foods Production Act of 1990 (7 U.S.C. management practices or nursery pest risk man- ‘‘SEC. 7407. ORGANIC DATA COLLECTION AND PUBLICATION. 6501 et seq.); and agement systems, to address plant pests and to (D) the Secretary may require repayment in ‘‘(a) DATA COLLECTION AND PUBLICATION.—To mitigate the risk of plant pests in the movement whole of payments already received if the Sec- assist organic farmers in making informed pro- of plants and plant products. retary determines the eligible producer is not duction and marketing decisions, the Secretary (e) COOPERATIVE AGREEMENTS.—The Sec- pursuing organic certification under the Or- of Agriculture shall collect and publish seg- retary may enter into cooperative agreements ganic Foods Production Act of 1990 (7 U.S.C. regated data and survey information about the with other Federal departments or agencies, 6501 et. seq). price, production, and marketing of major or- States or political subdivisions of States, na- (4) LIMITATIONS ON PAYMENTS.—An eligible tional governments, local governments of other ganically produced commodities, as determined producer may not receive payments under para- nations, domestic or international organiza- by the Secretary. graph (1)— tions, domestic or international associations, ‘‘(b) FUNDING.—The Secretary of Agriculture (A) for a total period of more than three and other persons to carry out this section. shall use $3,000,000 of funds of the Commodity years; (f) CONSULTATION.—The Secretary shall con- Credit Corporation to carry out this section dur- (B) an amount not to exceed $50 per acre for sult with the National Plant Board, State de- ing fiscal year 2008, and such funds shall re- crop land, or $25 per acre for grazing land; and partments of agriculture, and specialty crop main available until expended.’’. (C) in an amount more than $10,000 in a fiscal grower organizations to establish funding prior- (b) IMPLEMENTATION REPORT.—Not later than year. ities under this section for each fiscal year. 180 days after the date of the enactment of this (c) TECHNICAL AND EDUCATIONAL ASSIST- (g) ADMINISTRATIVE COSTS.—Not more than 5 Act, the Secretary of Agriculture shall submit to ANCE.—The Secretary shall provide producers percent of the funds provided under this section Congress a report regarding the progress made with technical and educational assistance, in- may be used for administrative costs. in implementing the amendment made by sub- cluding through the use of competitive coopera- (h) DEFINITIONS.—In this section: section (a). tive agreements with non-profit organizations,

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(d) AUTHORIZATION OF APPROPRIATIONS.— assistance under subsection (c). (4) INSPECTION USER FEES.—The Administrator There are authorized to be appropriated such (e) DEFINITIONS.—In this section: may, as applicable— sums as may be necessary for each of fiscal (1) ORGANIC PLAN.—The term ‘‘organic plan’’ (A) continue to collect any agricultural quar- years 2008 through 2012 to carry out this sec- means an organic plan submitted under section antine inspection user fee; and tion. 2114(a) of the Organic Foods Production Act of (B) administer any reserve account for the SEC. 10403. AUTHORIZATION OF APPROPRIA- 1990 (7 U.S.C. 6513(a)) and agreed to by the pro- fees. TIONS FOR MARKET NEWS ACTIVI- ducer and handler of a product and a certifying (5) CAREER TRACK PROGRAM.— TIES REGARDING SPECIALTY CROPS. agent under such section. (A) IN GENERAL.—The Administrator shall es- There are authorized to be appropriated to the (2) TECHNICAL AND EDUCATIONAL ASSIST- tablish a program, to be known as the ‘‘import Secretary of Agriculture such sums as may be ANCE.—The term ‘‘technical and educational as- and entry agriculture inspector career track necessary for each of the fiscal years 2008 sistance’’ means the conveyance of information program’’, to support the development of long- through 2012 to support the market news activi- and counsel regarding economic and business term career professionals with expertise in im- ties regarding specialty crops (as such term is planning, marketing, and organic practices, port and entry agriculture inspection. defined in section 3(1) of the Specialty Crops such as entomological practices and pest and (B) STRATEGIC PLAN AND TRAINING.—In car- Competitiveness Act of 2004 (Public Law 108-465; weed control and prevention that satisfy or- rying out the program under this paragraph, 118 Stat. 3883)). ganic practices. the Administrator, in coordination with the Sec- SEC. 10404. FARMERS’ MARKET PROMOTION PRO- (f) FUNDING.—There is authorized to be appro- retary of Agriculture, shall— GRAM. priated to carry out this section $50,000,000, (i) develop a strategic plan to incorporate im- (a) FINDINGS.—Congress finds that— which shall remain available until expended. port and entry agricultural inspectors into the (1) agricultural direct farmer-to-consumer infrastructure protecting food, fiber, forests, bio- marketing activities, including farmers’ markets, Subtitle E—Miscellaneous Provisions energy, and the environment of the United roadside stands, community supported agri- SEC. 10401. RESTORATION OF IMPORT AND States from animal and plant pests, diseases, culture, internet, mail-order, and other similar ENTRY AGRICULTURAL INSPECTION and noxious weeds; and direct order marketing activities, significantly FUNCTIONS TO THE DEPARTMENT (ii) as part of the plan under clause (i), pro- enhance the ability of agricultural producers to OF AGRICULTURE. vide training for import and entry agricultural retain a greater share of their products’ retail (a) REPEAL OF TRANSFER OF FUNCTIONS.—Sec- inspectors participating in the program not less value; tion 421 of the Homeland Security Act of 2002 (6 frequently than once each year to improve in- (2) direct farmer-to-consumer marketing ac- U.S.C. 231) is repealed. spection skills. tivities are a crucial component of the current ONFORMING MENDMENT TO UNCTIONS (b) C A F (f) DUTIES OF SECRETARY OF AGRICULTURE.— and future viability of small and mid-sized OF SECRETARY OF HOMELAND SECURITY.—Sec- (1) OPERATING PROCEDURES AND TRACKING farms and ranches and beginning and socially tion 402 of the Homeland Security Act of 2002 (6 SYSTEM.—The Secretary of Agriculture shall— disadvantaged farmers and ranchers; and U.S.C. 202) is amended— (A) develop standard operating procedures for (3) agricultural direct marketing activities (1) by striking paragraph (7); and inspection, monitoring, and auditing relating to contribute to the health and well-being of con- (2) by redesignating paragraph (8) as para- import and entry agricultural inspections, in ac- sumers in rural, urban, and tribal communities graph (7). cordance with recommendations from the Comp- by providing access to healthy, fresh, and af- (c) TRANSFER AGREEMENT.— troller General of the United States and reports fordable food. (1) IN GENERAL.—Not later than the effective of interagency advisory groups, as applicable; (b) PROGRAM.—Section 6 of the Farmer-to- date specified in subsection (g), the Secretary of and Consumer Direct Marketing Act of 1976 (7 Agriculture and the Secretary of Homeland Se- (B) ensure that the Animal and Plant Health U.S.C. 3005) is amended— curity shall enter into an agreement to effec- Inspection Service has a national electronic sys- (1) in subsection (a)— tuate the return of functions required by the tem with real-time tracking capability for moni- (A) by striking ‘‘Farmers’ Market Promotion amendments made by this section. toring, tracking, and reporting inspection activi- Program’’ and inserting ‘‘Farmer Marketing As- (2) USE OF CERTAIN EMPLOYEES.—The agree- ties of the Service. sistance Program’’; and ment may include authority for the Secretary of (2) FEDERAL AND STATE COOPERATION.— (B) by striking ‘‘promote farmers’ markets’’ Agriculture to use employees of the Department (A) COMMUNICATION SYSTEM.—The Secretary and inserting ‘‘direct producer to consumer mar- of Homeland Security to carry out authorities of Agriculture shall develop and maintain an keting’’; delegated to the Animal and Plant Health In- integrated, real-time communication system with (2) in subsection (b)(1)— (A) in subparagraph (A), by striking ‘‘, domes- spection Service regarding the protection of do- respect to import and entry agricultural inspec- tic farmers’ markets, roadside stands, commu- mestic livestock and plants. tions to alert State departments of agriculture of nity-supported agriculture programs, and (d) RESTORATION OF DEPARTMENT OF AGRI- significant inspection findings of the Animal other’’; and CULTURE EMPLOYEES.—Not later than the effec- and Plant Health Inspection Service. (B) in subparagraph (B), by striking ‘‘farmers’ tive date specified in subsection (g), all full-time (3) FUNDING.—The Secretary of Agriculture markets, roadside stands, community-supported equivalent positions of the Department of Agri- shall pay the costs of each import and entry ag- agriculture programs, and other direct producer- culture transferred to the Department of Home- ricultural inspector employed by the Animal and to-consumer infrastructure’’ and inserting ‘‘di- land Security under section 421(g) of the Home- Plant Health Inspection Service from amounts rect producer-to-consumer marketing and infra- land Security Act of 2002 (6 U.S.C. 231(g)) (as in made available to the Department of Agriculture structure opportunities’’; effect on the day before such effective date) for the applicable fiscal year. shall be restored to the Department of Agri- (3) in subsection (c)— (g) EFFECTIVE DATE.—The amendments made (A) by redesignating paragraphs (1) through culture. by this section take effect on the date that is 180 (7) as paragraphs (2) through (8), respectively; (e) AUTHORITY OF APHIS.— days after the date of enactment of this Act. (B) by inserting before paragraph (2) the fol- (1) ESTABLISHMENT OF PROGRAM.—The Sec- SEC. 10402. GRANT PROGRAM TO IMPROVE MOVE- lowing new paragraph: retary of Agriculture shall establish within the MENT OF SPECIALTY CROPS. ‘‘(1) two or more farmers or farm vendors who Animal and Plant Health Inspection Service a (a) GRANTS AUTHORIZED.—The Secretary of sell products through a common channel of dis- program, to be known as the ‘‘International Ag- Agriculture may make grants under this section tribution;’’; and ricultural Inspection Program’’, under which to an eligible entity described in subsection (b)— (C) in paragraph (2) (as so redesignated) by the Administrator of the Animal and Plant (1) to improve the cost-effective movement of striking ‘‘an agricultural cooperative’’ and in- Health Inspection Service (referred to in this specialty crops to local, regional, national, and serting ‘‘an agricultural cooperative or producer subsection as the ‘‘Administrator’’) shall carry international markets; and network or association’’; out import and entry agricultural inspections. (2) to address regional intermodal transpor- (4) by striking subsection (e) and inserting the (2) INFORMATION GATHERING AND INSPEC- tation deficiencies that adversely affect the following new subsections: TIONS.—In carrying out the program under movement of specialty crops to markets inside or ‘‘(e) ELIGIBLE ACTIVITIES.—A recipient of a paragraph (1), the Administrator shall have full outside the United States. grant under this section may use the funds for access to— (b) ELIGIBLE GRANT RECIPIENTS.—Grants may the following activities: (A) each secure area of any terminal for be made under this section to any of the fol- ‘‘(1) Farmers markets. screening passengers or cargo under the control lowing (or a combination thereof): ‘‘(2) Roadside stands. of the Department of Homeland Security on the (1) State and local governments. ‘‘(3) Community supported agriculture oper- day before the date of enactment of this Act for (2) Grower cooperatives. ations, through which a farmer agrees to deliver purposes of carrying out inspections and gath- (3) State or regional producer and shipper or- a certain quantity of agricultural products to ering information; and ganizations. consumers at a set price.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00192 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.015 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9029 ‘‘(4) The purchase of equipment or other ac- Sec. 11105. Sense of Congress regarding State level for the same crop to be covered by the sup- tivities supporting the use of electronic benefit inspected meat and poultry prod- plemental coverage. transfer systems at farmers markets. ucts. ‘‘(C) LIMITATION.—In providing supplemental ‘‘(5) Agritourism activities facilitating the di- Sec. 11106. Sense of Congress regarding the vol- coverage to a producer under this paragraph, rect sale of agricultural products, including op- untary control program for low the sum of the following shall not exceed 100 erations where the consumer picks their own ag- pathogenic avian influenza. percent: ricultural products. Sec. 11107. Sense of Congress regarding the cat- ‘‘(i) The coverage level expressed in percent- ‘‘(6) Other activities as determined appro- tle fever tick eradication program. age terms for the individual yield and loss plan priate by the Secretary. Subtitle C—Socially Disadvantaged Producers of insurance or the revenue plan of insurance ‘‘(f) FUNDING.— and Limited Resource Producers that includes coverage for a loss in yield that is purchased by the producer for the same crop ‘‘(1) IN GENERAL.—Of the funds of the Com- Sec. 11201. Outreach and technical assistance modity Credit Corporation, the Secretary of Ag- covered by the supplemental coverage, as re- for socially disadvantaged farmers quired by subparagraph (B). riculture use to carry out this section— and ranchers and limited resource ‘‘(A) $5,000,000 in each of fiscals year 2008, ‘‘(ii) The share expressed in percentage terms farmers and ranchers. of the area yield and loss plan of insurance or 2009, and 2010; and Sec. 11202. Improved program delivery by De- ‘‘(B) $10,000,000 in each of fiscal years 2011 the area revenue plan of insurance (at whatever partment of Agriculture on Indian coverage level is selected) that is used to deter- and 2012. reservations. ‘‘(2) USE OF FUNDS.—Not less than 10 percent mine the level of supplemental insurance cov- Sec. 11203. Transparency and accountability erage provided the producer under this para- of the funds used to carry out this section in a for socially disadvantaged farmers fiscal year under paragraph (1) shall be used to graph. and ranchers. ‘‘(D) PAYMENT OF PORTION OF PREMIUM.—As support the use of electronic benefits transfers Sec. 11204. Beginning farmer and rancher de- provided in subsection (e), the Corporation shall at farmers’ markets.’’. velopment program. pay a portion of the premium for supplemental SEC. 10405. NATIONAL CLEAN PLANT NETWORK. Sec. 11205. Provision of receipt for service or de- coverage under this paragraph and the associ- (a) ESTABLISHMENT.—There is established in nial of service. ated individual area yield and loss plan of in- the Department of Agriculture a program to be Sec. 11206. Tracking of socially disadvantaged surance or revenue plan of insurance that in- known as the ‘‘National Clean Plant Network’’. farmers and ranchers and limited cludes coverage for a loss in yield. (b) NETWORK.—The Secretary of Agriculture resource farmers and ranchers in ‘‘(E) AMOUNT OF INDEMNITY PAID UNDER SUP- shall use the network— Census of Agriculture and certain PLEMENTAL COVERAGE.—The indemnity payable (1) to develop a sustainable national funding studies. under supplemental coverage provided under source for clean planting stock programs for Sec. 11207. Farmworker coordinator. this paragraph shall be calculated as— horticultural crops determined by the Secretary Sec. 11208. Office of Outreach relocation. ‘‘(i) the total indemnity for the area yield and to be of priority for the United States; and Sec. 11209. Minority farmer advisory committee. loss plan of insurance or area revenue plan of (2) to enter into cooperative agreements to en- Sec. 11210. Coordinator for chronically under- insurance, at the coverage level chosen by the tities that have the expertise, facilities, and cli- served rural areas. producer; multiplied by mate necessary to efficiently produce, maintain, Subtitle D—Other Miscellaneous Provisions ‘‘(ii) the share of the coverage of the area and distribute healthy planting stock for spe- Sec. 11301. Designation of separate cotton-pro- yield and loss plan of insurance or area revenue cialty crops. ducing States under Cotton Re- plan of insurance selected by the producer. (c) FUNDING.— ‘‘(F) SPECIAL RULE RELATING TO QUALIFYING search and Promotion Act. LOSSES.—In the case of a qualifying loss in an (1) COMMODITY CREDIT CORPORATION.—Of the Sec. 11302. Cotton classification services. funds of the Commodity Credit Corporation, the Sec. 11303. Availability of excess and surplus area (as determined by the Corporation) under Secretary shall make available to carry out this computers in rural areas. supplemental coverage provided under this section $20,000,000 for fiscal years 2008 through Sec. 11304. Permanent debarment from partici- paragraph, subject to the applicable coverage 2012. pation in Department of Agri- limits, the total amount of the indemnity shall (2) AUTHORIZATION OF APPROPRIATIONS.— culture programs for fraud. be available to the producer regardless of the There are authorized to be appropriated such Sec. 11305. No discrimination against use of reg- loss incurred under the individual yield and loss sums as are necessary for each of fiscal years istered pesticide products or class- plan of insurance or the revenue plan of insur- 2008 through 2012 to carry out this section. es of pesticide products. ance that includes coverage for a loss in yield of TITLE XI—MISCELLANEOUS PROVISIONS Sec. 11306. Prohibition on closure or relocation the producer. ‘‘(G) REINSURANCE YEAR.—Subject to the of county offices for the Farm Subtitle A—Federal Crop Insurance availability of area yield and loss or revenue Service Agency, Rural Develop- Sec. 11001. Availability of supplemental crop in- coverage for an insurable crop in an area (as ment Agency, and Natural Re- surance based on area yield and determined by the Corporation), the Corporation loss plan of insurance or area rev- sources Conservation Service. Sec. 11308. Regulation of exports of plants, shall provide supplemental coverage under this enue plan of insurance. paragraph not later than the 2008 reinsurance Sec. 11002. Premiums and reinsurance require- plant products, biological control organisms, and noxious weeds. year.’’. ments. (b) CONFORMING AMENDMENTS.—Section Sec. 11309. Grants to reduce production of Sec. 11003. Catastrophic risk protection admin- 508(d)(2) of the Federal Crop Insurance Act (7 methamphetamines from anhy- istrative fee. U.S.C. 1508(d)(2)) is amended— Sec. 11004. Funding for reimbursements, con- drous ammonia. (1) by striking ‘‘additional coverage’’ in the tracting, risk management edu- Sec. 11310. USDA Graduate School. matter preceding subparagraph (A) and insert- cation, and information tech- Subtitle A—Federal Crop Insurance ing ‘‘additional and supplemental coverages’’; nology. SEC. 11001. AVAILABILITY OF SUPPLEMENTAL and Sec. 11005. Reimbursement of research and de- CROP INSURANCE BASED ON AREA (2) by adding at the end the following new velopment costs related to new YIELD AND LOSS PLAN OF INSUR- subparagraph: crop insurance products. ANCE OR AREA REVENUE PLAN OF ‘‘(C) In the case of supplemental coverage pro- Sec. 11006. Research and development contracts INSURANCE. vided under subsection (c)(11) that, in combina- for organic production coverage (a) IN GENERAL.—Section 508(c) of the Federal tion with either the individual yield and loss improvements. Crop Insurance Act (7 U.S.C. 1508(c)) is amend- coverage, or a comparable coverage for a policy Sec. 11007. Targeting risk management edu- ed by adding at the end the following new para- or plan of insurance that is not based on indi- cation for beginning farmers and graph: vidual yield and does not insure more than 100 ranchers and certain other farm- ‘‘(11) SUPPLEMENTAL AREA COVERAGE.— percent of the recorded or appraised average ers and ranchers. ‘‘(A) AVAILABILITY OF COVERAGE.—Notwith- yield indemnified at not greater than 100 per- Sec. 11008. Crop insurance ineligibility related standing paragraph (4), if area coverage is cent of the expected market price, the amount of to crop production on noncrop- available in an area (as determined by the Cor- the premium shall— land. poration under paragraph (3)), the Corporation ‘‘(i) be sufficient to cover anticipated losses Sec. 11009. Funds for data mining. shall provide eligible producers in that area and a reasonable reserve; and Sec. 11010. Noninsured crop assistance program. with the option to purchase supplemental insur- ‘‘(ii) include an amount for operating and ad- Sec. 11011. Change in due date for Corporation ance coverage based on— ministrative expenses, as determined by the Cor- ‘‘(i) an area yield and loss plan of insurance; payments for underwriting gains. poration, on an industry-wide basis as a per- or Sec. 11012. Sesame insurance pilot program. centage of the amount of the premium used to ‘‘(ii) an area revenue plan of insurance that define loss ratio.’’. Subtitle B—Livestock and Poultry includes coverage for a loss in yield. (c) OFFSET.—The Federal Crop Insurance Sec. 11101. Sense of Congress regarding ‘‘(B) ELIGIBLE PRODUCERS.—To be eligible to Corporation shall take such actions, including pseudorabies eradication program. obtain supplemental coverage under this para- the establishment of adequate premiums, as are Sec. 11102. Arbitration of livestock and poultry graph, a producer must purchase either an indi- necessary to improve the actuarial soundness of contracts. vidual yield and loss plan of insurance or a rev- Federal multiperil crop insurance to achieve, on Sec. 11103. State-inspected meat and poultry. enue plan of insurance that includes coverage and after October 1, 2008, an overall projected Sec. 11104. Country of origin labeling. for a loss in yield at an additional coverage loss ratio of not greater than 1.00.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00193 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.016 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9030 CONGRESSIONAL RECORD — HOUSE July 30, 2007

SEC. 11002. PREMIUMS AND REINSURANCE RE- (2) RENEGOTIATION OF STANDARD REINSURANCE ‘‘(4) Education and information programs de- QUIREMENTS. AGREEMENT.—Section 508(k) of the Federal Crop scribed in section 524(a)(2). (a) PREMIUM ADJUSTMENTS.—Section 508(a) of Insurance Act (7 U.S.C. 1508(k)) is amended by ‘‘(5) Partnerships for risk management edu- the Federal Crop Insurance Act (7 U.S.C. adding at the end the following new paragraph: cation program described in section 524(a)(3). 1508(a)) is amended by adding at the end the ‘‘(8) RENEGOTIATION OF STANDARD REINSUR- ‘‘(6) Information technology, as determined by following new paragraph: ANCE AGREEMENT.— the Corporation. ‘‘(9) PREMIUM ADJUSTMENTS.— ‘‘(A) PERIODIC RENEGOTIATION.—Following ‘‘(e) UNDERSERVED STATES.—Of the amount ‘‘(A) PROHIBITION.—Except as provided in the reinsurance year ending June 30, 2012, the made available under subsection (d), the Cor- subparagraph (B), the paying, allowing, or giv- Corporation may renegotiate the financial terms poration shall use not more than $5,000,000 in ing, or offering to pay, allow, or give, directly or of the standard reinsurance agreement during each fiscal year to carry out contracting for re- indirectly, either as an inducement to procure the next reinsurance year and once during each search and development described in section insurance or after insurance has been procured, period of five reinsurance years thereafter. 522(c)(1)(A).’’ any rebate, discount, abatement, credit, or re- ‘‘(B) EFFECT OF FEDERAL LAW CHANGES.—If (b) CONFORMING AMENDMENTS.— duction of the premium named in an insurance changes in Federal law are enacted that require (1) FORMER FUNDING PROVISION.—Section 522 policy or any other valuable consideration or in- revisions in the financial terms of the standard of the Federal Crop Insurance Act (7 U.S.C. ducement whatsoever not specified in the policy, reinsurance agreement, and such changes in the 1522) is amended by striking subsection (e) and inserting the following new subsection: is strictly prohibited under this title. agreement are made on a mandatory basis by ‘‘(e) PROHIBITED RESEARCH AND DEVELOP- ‘‘(B) EXCEPTIONS.—Subparagraph (A) does the Corporation, such changes will not be MENT BY CORPORATION.— not apply with respect to the following: deemed to be a renegotiation of the agreement ‘‘(1) NEW POLICIES.—Notwithstanding sub- ‘‘(i) A rebate authorized under subsection for purposes of subparagraph (A). section (d), the Corporation shall not conduct ‘‘(C) CONSULTATION.—Approved insurance (b)(5)(B). research and development for any new policy providers and their representatives may confer ‘‘(ii) A performance-based discount authorized for an agricultural commodity offered under this with each other, and collectively with the Cor- under subsection (d)(3).’’. title. (b) PAYMENT OF CATASTROPHIC RISK PROTEC- poration, during the renegotiation process under ‘‘(2) EXISTING POLICIES.—Any policy devel- TION FEE ON BEHALF OF PRODUCERS.—Section subparagraph (A).’’. oped by the Corporation under this title before 508(b)(5)(B) of the Federal Crop Insurance Act (3) TREATMENT OF 2008 REINSURANCE YEAR.— October 1, 2000, may continue to be offered for (7 U.S.C. 1508(b)(5)(B)) is amended— Clause (ii) of section 508(k)(4)(A) of the Federal sale to producers.’’ (1) in the subparagraph heading, by inserting Crop Insurance Act (7 U.S.C. 1508(k)(4)(A)), as (2) CROSS REFERENCE.—Section 523(c)(1) of the ‘‘OF CATASTROPHIC RISK PROTECTION FEE’’ after in effect on the day before the date of the enact- Federal Crop Insurance Act (7 U.S.C. 1523(c)(1)) ‘‘PAYMENT’’; ment of this Act, shall continue to apply with is amended by striking ‘‘section 522(e)(4)’’ and (2) in clause (i)— respect to the 2008 reinsurance year. inserting ‘‘section 522(e)’’. (A) by striking ‘‘or other payment’’; and (e) CHANGE IN DUE DATE FOR ADMINISTRATIVE (3) EDUCATION ASSISTANCE FUNDING.—Section (B) by striking ‘‘with catastrophic risk protec- AND OPERATING EXPENSE PAYMENT.—Section 524(a) of the Federal Crop Insurance Act (7 tion or additional coverage’’; and inserting 516(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(a)) is amended as follows: ‘‘through the payment of all or a portion of cat- U.S.C. 1516(b)) is amended by adding at the end (A) in paragraph (1), by striking ‘‘paragraph astrophic risk protection administrative fees’’; the following new paragraph: (4)’’ and inserting ‘‘section 516(d)’’; and (3) in clause (ii)— ‘‘(3) DUE DATE FOR ADMINISTRATIVE AND OP- (B) by striking paragraph (4). (A) by striking ‘‘or other payment made by an ERATING EXPENSE PAYMENT.—Beginning with SEC. 11005. REIMBURSEMENT OF RESEARCH AND insurance provider’’ and inserting ‘‘payment the 2012 reinsurance year, the Corporation shall DEVELOPMENT COSTS RELATED TO made pursuant to clause (i) by an insurance make payments pursuant to paragraph (1)(B) NEW CROP INSURANCE PRODUCTS. provider’’; during October 2012, and for subsequent rein- (a) REIMBURSEMENT AUTHORIZED.—Para- (B) by striking ‘‘issuance of catastrophic risk surance years, every October thereafter.’’. graph (1) of section 522(b) of the Federal Crop protection or additional coverage to’’ and insert- (f) CONFORMING AMENDMENTS.— Insurance Act (7 U.S.C. 1522(b)) is amended to ing ‘‘payment of catastrophic risk protection ad- (1) PREMIUM REDUCTION AUTHORITY.—Sub- read as follows: ministrative fees on behalf of’’; and section 508(e) of the Federal Crop Insurance Act ‘‘(1) RESEARCH AND DEVELOPMENT REIMBURSE- (C) by striking ‘‘or other payment’’ the second (7 U.S.C. 1508(e)) is amended— MENT.—The Corporation shall provide a pay- place it appears; (A) in paragraph (2) by striking ‘‘paragraph ment to reimburse an applicant for research and (4) in clause (iv), by striking ‘‘A policy or plan (4)’’ and inserting ‘‘paragraph (3)’’; development costs directly related to a policy of insurance’’ and inserting ‘‘Catastrophic risk (B) by striking paragraph (3); and that— protection coverage’’; (C) by redesignating paragraphs (4) and (5) as ‘‘(A) is submitted to the Board pursuant to an (5) in clause (v)— paragraphs (3) and (4), respectively. FCIC Reimbursement Grant under paragraph (A) by striking ‘‘licensing fee or other ar- (2) PREMIUM RATE REDUCTION PILOT PRO- (7); or rangement under this subparagraph’’ and in- GRAM.—Section 523 of the Federal Crop Insur- ‘‘(B) is submitted to the Board and approved serting ‘‘licensing fee arrangement’’; and ance Act (7 U.S.C. 1523) is amended— by the Board under section 508(h) for reinsur- (A) by striking subsection (d); and (B) by striking ‘‘levels of additional coverage’’ ance and, if applicable, offered for sale to pro- (B) by redesignating subsection (e) as sub- and inserting ‘‘levels of coverage’’; and ducers.’’. section (d). (6) by striking clause (vi). (b) FCIC REIMBURSEMENT GRANTS.—Section (3) SUBMISSION OF POLICIES AND MATERIALS.— HANGE IN DUE DATE FOR POLICYHOLDER 522(b) of the Federal Crop Insurance Act (7 (c) C Section 508(h)(1)(A) of the Federal Crop Insur- PREMIUMS.—Section 508 of the Federal Crop In- U.S.C. 1522(b)) is amended by adding at the end ance Act (7 U.S.C. 1508(h)(1)(A)) is amended by surance Act (7 U.S.C. 1508) is amended— the following new paragraph: striking ‘‘; and’’ and inserting ‘‘; or’’. (1) in subsection (b)(5)(C), by striking ‘‘the ‘‘(7) FCIC REIMBURSEMENT GRANTS.— ‘‘(A) GRANTS AUTHORIZED.—The Corporation date that premium’’ and inserting ‘‘the same SEC. 11003. CATASTROPHIC RISK PROTECTION ADMINISTRATIVE FEE. shall provide FCIC Reimbursement Grants to date on which the premium’’; Section 508(b)(5)(A) of the Federal Crop Insur- persons proposing to prepare for submission to (2) in subsection (c)(10)(B)— ance Act (7 U.S.C. 1508(b)(5)(A)) is amended by the Board crop insurance policies and provi- (A) by inserting ‘‘; TIME FOR PAYMENT’’ after striking ‘‘$100 per crop per county’’ and insert- sions under subparagraphs (A) and (B) of sec- ‘‘WAIVER’’; and ing in its place ‘‘$200 per crop per county’’. tion 508(h)(1), who apply and are approved for (B) by adding at the end the following new SEC. 11004. FUNDING FOR REIMBURSEMENTS, such FCIC Reimbursement Grants under the sentence: ‘‘Subparagraph (C) of such subsection CONTRACTING, RISK MANAGEMENT terms and conditions of this paragraph. shall apply with respect to the collection date EDUCATION, AND INFORMATION ‘‘(B) SUBMISSION OF APPLICATION.—The Board for policy premiums.’’; and TECHNOLOGY. shall receive and consider applications for FCIC (3) in subsection (d), by adding at the end the (a) FUNDING.—Section 516 of the Federal Crop Reimbursement Grants at least once annually. following new paragraph: Insurance Act (7 U.S.C. 1516) is amended by An application to receive an FCIC Reimburse- ‘‘(4) BILLING DATE FOR PREMIUMS.—Beginning adding at the end the following new sub- ment Grant from the Corporation shall consist with the 2012 reinsurance year, the Corporation sections: of such materials as the Board may require, in- shall establish August 1 as the billing date for ‘‘(d) FUNDING FOR REIMBURSEMENTS, CON- cluding— premiums.’’. TRACTING, RISK MANAGEMENT EDUCATION, AND ‘‘(i) a concept paper that describes the pro- (d) REINSURANCE.— INFORMATION TECHNOLOGY.—Of the amounts posal in sufficient detail for the Board to deter- (1) REIMBURSEMENT RATE.—Section made available from the insurance fund estab- mine whether it satisfies the requirements of 508(k)(4)(A) of the Federal Crop Insurance Act lished under subsection (c), the Corporation subparagraph (C); (7 U.S.C. 1508(k)(4)(A)) is amended by striking shall use not more than $30,000,000 in each fis- ‘‘(ii) a summary of — clause (ii) and inserting the following new cal year to carry out the following: ‘‘(I) the need for the product, including an as- clause: ‘‘(1) Reimbursement of research and develop- sessment of marketability and expected demand ‘‘(ii) for the 2009 and subsequent reinsurance ment and maintenance costs described under among affected producers; years, 2 percentage points below the rates, in ef- section 522(b). ‘‘(II) support from producers, producer orga- fect as of the date of the enactment of this Act ‘‘(2) Research and development contracting nizations, lenders, or other interested parties; of the Farm, Nutrition, and Bioenergy Act of described under section 522(c). ‘‘(III) the impact the product would have on 2007, for all crop insurance policies used to de- ‘‘(3) Partnerships for risk management and producers and on the crop insurance delivery fine loss ratio.’’. implementation described under section 522(d). system; and

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00194 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.016 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9031 ‘‘(IV) that no products are offered by the pri- (1) by redesignating paragraph (10) as para- under paragraph (2) and the partnerships for vate sector providing the same benefits and risk graph (11); and risk management education program under management services as the proposal. (2) by inserting after paragraph (9) the fol- paragraph (3), the Secretary shall include a spe- ‘‘(iii) a summary of data sources available lowing new paragraph: cial emphasis on risk management strategies demonstrating that the product can reasonably ‘‘(10) CONTRACTS FOR ORGANIC PRODUCTION and education and outreach specifically tar- be developed and properly rated; and COVERAGE IMPROVEMENTS.— geted at farmers and ranchers described in sub- ‘‘(iv) identification of the risks the proposed ‘‘(A) CONTRACT REQUIRED.—Not later than 180 paragraph (B). product will cover and that the risks are insur- days after the date of the enactment of the ‘‘(B) COVERED FARMERS AND RANCHERS.—Sub- able under the Act Farm, Nutrition, and Bioenergy Act of 2007, the paragraph (A) applies with respect to the fol- ‘‘(C) APPROVAL CONDITIONS.—Approval of an Corporation shall enter into one or more con- lowing: application for a FCIC Reimbursement Grant tracts for the development of improvements in ‘‘(i) Beginning farmers and ranchers. shall be by majority vote of the Board. The Federal crop insurance policies covering crops ‘‘(ii) Immigrant farmers and ranchers who are Board shall approve the application only if the produced in compliance with standards issued attempting to become established producers in Board finds that— by the Department of Agriculture under the Na- the United States. ‘‘(i) the proposal contained in the applica- tional Organic Program. ‘‘(iii) Socially disadvantaged farmers and tion— ‘‘(B) REVIEW OF UNDERWRITING, RISK, AND ranchers. ‘‘(I) provides coverage to a crop or region not LOSS EXPERIENCE.— ‘‘(iv) Farmers and ranchers who are preparing traditionally served by the Federal crop insur- ‘‘(i) REVIEW REQUIRED.—A contract under to retire and are using transition strategies to ance program; subparagraph (A) shall include a review of the help new farmers and ranchers get started. ‘‘(II) provides crop insurance coverage in a underwriting, risk, and loss experience of or- ‘‘(v) Farmers and ranchers who are con- significantly improved form; ganic crops covered by the Corporation, as com- verting their current production and marketing ‘‘(III) addresses a recognized flaw or problem pared with the same crops produced in the same systems to pursue new markets.’’. in the program; counties and during the same time periods using SEC. 11008. CROP INSURANCE INELIGIBILITY RE- ‘‘(IV) introduces a significant new concept or non-organic methods. The review should be de- LATED TO CROP PRODUCTION ON innovation to the program; or signed to allow the Corporation to determine NONCROPLAND. ‘‘(V) provides coverage, benefits, or risk man- whether significant, consistent, or systemic vari- Section 502 of the Federal Crop Insurance Act agement services not available from the private ations in loss history exist between organic and (7 U.S.C. 1502) is amended by adding at the end sector; non-organic production, and shall include the the following new subsection: ‘‘(ii) the applicant demonstrates the necessary widest available range of data, including loss ‘‘(e) CROP INSURANCE INELIGIBILITY RELATED qualifications to complete the project success- history under existing crop insurance policies, TO CROP PRODUCTION ON NONCROPLAND.— ‘‘(1) NONCROPLAND DEFINED.—In this sub- fully in a timely manner with high quality; collected by the National Agricultural Statistics section, the term ‘noncropland’ means native ‘‘(iii) the proposal is in the interests of pro- Service, and other sources of information. grassland and pasture the Secretary determines ducers and can reasonably be expected to be ac- ‘‘(ii) EFFECT ON PREMIUM SURCHARGE.—Unless has never been used for crop production tuarially appropriate; the review under this subparagraph documents ‘‘(2) INELIGIBILITY.—Noncropland acreage on ‘‘(iv) the Board determines that the Corpora- the existence of such significant, consistent, and tion has sufficient available funding to award which an agricultural commodity for which a systemic variations in loss history between or- policy or plan of insurance is available under the FCIC Reimbursement Grant; and ganic and non-organic crops, either collectively ‘‘(v) the proposed budget and timetable are this title is planted shall be ineligible for crop or on an individual basis, the Corporation shall insurance under this title for the first 4 years of reasonable. eliminate or reduce the premium surcharge that ‘‘(D) PARTICIPATION.—In reviewing proposals planting, as determined by the Secretary. the Corporation charges for coverage for organic ‘‘(3) YIELD DETERMINATION BASED ON COUNTY under this paragraph, the Board may use the crops services of persons it deems appropriate for ex- ACTUAL PRODUCTION HISTORY.— ‘‘(C) ADDITIONAL PRICE ELECTION.—A contract ‘‘(A) IN GENERAL.—If an agricultural com- pert review. All proposals submitted under this under subparagraph (A) shall include the devel- modity ineligible for insurance as described in paragraph will be treated as confidential in ac- opment of a procedure, including any associated paragraph (2) is planted for 4 years, beginning cordance with section 508(h)(4). changes in policy terms or materials required for with the fifth year in which the commodity is ‘‘(E) ENTERING INTO AGREEMENT.—Upon ap- implementation of the procedure, to offer pro- proval of the application, the Board shall enter planted, the producer of the commodity may ducers of organic crops an additional price elec- procure crop insurance for the commodity under into an agreement with the person for the devel- tion that would reflect the actual retail or opment of a formal submission meeting the re- this title. The yield for such crop insurance wholesale prices, as appropriate, received by or- shall be determined only— quirements for a complete submission established ganic producers for their crops, as established ‘‘(i) by using the actual production history for by the Board under section 508(h). using data collected and maintained by the Ag- the farm; and ‘‘(F) FEASIBILITY STUDIES.—In appropriate ricultural Marketing Service or other sources. ‘‘(ii) for each year in which the farm does not cases, the Corporation may structure the FCIC The development of the procedure shall be com- have an actual production history, by using the Reimbursement Grant to require, as an initial pleted in a timely manner to allow the Corpora- average actual production history for the com- step within the overall process, the submitter to tion to begin offering the additional price elec- modity in the county in which the farm is lo- complete a feasibility study and report the re- tion for organic crops with sufficient data for cated. sults of such study to the Corporation prior to the 2009 crop year, and expand it thereafter as ‘‘(B) EXCEPTION.—If an agricultural com- proceeding with further development. The Cor- the Agricultural Marketing Service expands its modity is planted on noncropland acreage and poration may require such other reports as nec- data collection and availability for prices of or- is eligible for insurance as provided in para- essary to monitor the development efforts. ganic crops. graph (2), then the yield for such crop insurance ‘‘(G) RATES.—Payment for work performed ‘‘(D) REPORTING REQUIREMENTS.—The Cor- shall be determined only— under this paragraph shall be based on rates de- poration shall submit to the Committee on Agri- ‘‘(i) by using the actual production history for termined by the Corporation for products sub- culture of the House of Representatives and the the farm; and mitted under section 508(h) of the Act or for Committee on Agriculture, Nutrition, and For- ‘‘(ii) for each year in which the farm does not those contracted by the Corporation under sec- estry of the Senate an annual report on the have an actual production history, by using the tion 522(c) of the Act. progress made in developing and improving Fed- average actual production history for the com- ‘‘(H) TERMINATION.—The Corporation or the eral crop insurance for organic crops, including modity in the county in which the farm is lo- submitter may terminate any FCIC Reimburse- the numbers and varieties of organic crops in- cated. ment Grant to reimburse expenses at any time sured, the development of new insurance ap- ‘‘(4) EFFECTIVE DATE.—This subsection shall for just cause. If the Corporation or the sub- proaches, and the progress of the initiatives apply to crop years following the 2007 crop mitter terminates the FCIC Reimbursement mandated under this paragraph. The report year.’’. Grant before final approval of the product cov- shall also include such recommendations as the SEC. 11009. FUNDS FOR DATA MINING. ered thereby, the submitter shall be entitled to Corporation considers appropriate regarding ad- Section 515(k) of the Federal Crop Insurance reimbursement of all costs incurred to that ditional opportunities to improve Federal crop Act (7 U.S.C. 1515(k)) is amended by striking point, or, in the case of a fixed rate agreement, insurance coverage for such crops.’’. paragraph (1) and inserting the following new to payment of an appropriate percentage. If the paragraph: SEC. 11007. TARGETING RISK MANAGEMENT EDU- submitter terminates development without just VAILABLE FUNDS CATION FOR BEGINNING FARMERS ‘‘(1) A .—To carry out this sec- cause, the Corporation may deny reimburse- AND RANCHERS AND CERTAIN tion, the Corporation may use, from amounts ment. OTHER FARMERS AND RANCHERS. made available from the insurance fund estab- ‘‘(I) CONSIDERATION OF PRODUCTS.—The Section 524(a) of the Federal Crop Insurance lished under section 516(c)— Board shall consider any product submitted to it Act (7 U.S.C. 1524(a)) is amended— ‘‘(A) not more that $11,000,000 during fiscal developed under this paragraph under the rules (1) by redesignating paragraph (4) as para- year 2008; and it has established for products submitted under graph (5); and ‘‘(B) not more than $7,000,000 during fiscal section 508(h) of this Act.’’. (2) by inserting after paragraph (3) the fol- year 2009 and each subsequent year there- SEC. 11006. RESEARCH AND DEVELOPMENT CON- lowing new paragraph: after.’’. TRACTS FOR ORGANIC PRODUCTION ‘‘(4) TARGETING RISK MANAGEMENT EDUCATION SEC. 11010. NONINSURED CROP ASSISTANCE PRO- COVERAGE IMPROVEMENTS. FOR CERTAIN FARMERS AND RANCHERS.— GRAM. Section 522(c) of the Federal Crop Insurance ‘‘(A) IN GENERAL.—In carrying out the edu- Section 196(k)(1) of the Agricultural Market Act (7 U.S.C. 1522(c)) is amended— cation and information program established Transition Act (7 U.S.C. 7333(k)(1)) is amended

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by striking subparagraphs (A) and (B) and in- claims within the jurisdiction of a small claims ‘‘(2) ADDITIONAL REQUIREMENTS.— serting the following new subparagraphs: court, despite the existence of an arbitration ‘‘(A) IN GENERAL.—In addition to the require- ‘‘(A) $200 per crop per county; or agreement; and ments described in paragraph (1), a State meat ‘‘(B) $600 per producer per county, but not to ‘‘(3) require any person appointed or to be ap- inspection program reviewed in accordance with exceed a total of $1,800 per producer.’’. pointed as an arbitrator to disclose any cir- section 11103(a) of the Farm, Nutrition, and Bio- SEC. 11011. CHANGE IN DUE DATE FOR CORPORA- cumstance likely to raise doubt as to the arbitra- energy Act of 2007 shall implement, not later TION PAYMENTS FOR UNDER- tor’s impartiality.’’. than 180 days after the date on which the report WRITING GAINS. SEC. 11103. STATE-INSPECTED MEAT AND POUL- is submitted under subsection (b) of such sec- Effective beginning with the 2011 reinsurance TRY. tion, all recommendations from the review, in a year, the Federal Crop Insurance Corporation (a) REVIEW OF STATE MEAT AND POULTRY IN- manner approved by the Secretary. shall make payments for underwriting gains SPECTION PROGRAMS.— ‘‘(B) REVIEW OF NEW STATE MEAT INSPECTION under the Federal Crop Insurance Act (7 U.S.C. (1) REPORT.—Not later than 30 days after the PROGRAMS.— 1501 et seq.)— date of the enactment of this Act, the Secretary ‘‘(i) REVIEW REQUIREMENT.—Not later than (1) for the 2011 reinsurance year on October 1, of Agriculture shall submit to Congress a report one year after the date on which the Secretary 2012; and containing the results of a review by the Sec- approves a new State meat inspection program, (2) for each reinsurance year thereafter on the retary of each State meat and poultry inspection the Secretary shall conduct a review of the new October 1 of the next calendar year. program. Such report shall include— State meat inspection program, which shall in- SEC. 11012. SESAME INSURANCE PILOT PROGRAM. (A) a determination of the effectiveness of clude— (a) PILOT PROGRAM REQUIRED.—The Sec- each State meat and poultry inspection pro- ‘‘(I) a determination of the effectiveness of the retary of Agriculture shall establish and carry gram; and new State meat inspection program; and ‘‘(II) identification of changes necessary to out a pilot program under which a producer of (B) an identification of changes that are nec- ensure enforcement of Federal inspection re- non-dehiscent sesame under contract may elect essary to enable future transition to a State pro- quirements. to obtain multi-peril crop insurance, as deter- gram of enforcing Federal inspection require- ‘‘(ii) IMPLEMENTATION REQUIREMENTS.—In ad- mined by the Secretary. ments as described in the amendments made by dition to the requirements described in para- (b) TERMS AND CONDITIONS.—The multi-peril subsections (b) and (c). graph (1), to continue to be an approved State crop insurance offered under the sesame insur- (2) AUTHORIZATION OF APPROPRIATIONS.— meat inspection program, a new State meat in- ance pilot program shall— (A) IN GENERAL.—There are authorized to be spection program shall implement all rec- (1) be offered through reinsurance arrange- appropriated such sums as are necessary to ommendations from the review conducted in ac- ments with private insurance companies; carry out this section. cordance with this subparagraph, in a manner (2) be actuarially sound; and (B) AVAILABLE FUNDS.—Notwithstanding any approved by the Secretary. (3) require the payment of premiums and ad- other provision of law, only funds specifically ‘‘(iii) DEFINITION OF NEW STATE MEAT INSPEC- ministrative fees by a producer obtaining the in- appropriated under subparagraph (A) may be surance. TION PROGRAM.—In this subparagraph, the term used to carry out this subsection. ‘new State meat inspection program’ means a (c) LOCATION.—The sesame insurance pilot (b) STATE MEAT INSPECTION PROGRAMS.— State meat inspection program that is not ap- program shall be carried out only in the State of (1) IN GENERAL.—Title III of the Federal Meat proved in accordance with subsection (a) be- Texas. Inspection Act (21 U.S.C. 661 et seq.) is amended tween the effective date of the Farm, Nutrition, (d) RELATION TO PROHIBITION ON RESEARCH to read as follows: AND DEVELOPMENT BY CORPORATION.—Section and Bioenergy Act of 2007 and the date that is 522(e)(4) of the Federal Crop Insurance Act (7 ‘‘TITLE III—STATE MEAT INSPECTION one year after the effective date of such Act. U.S.C. 1522(e)(4)) shall apply with respect to the PROGRAMS ‘‘(c) COOPERATIVE AGREEMENT.—Notwith- sesame insurance pilot program. ‘‘SEC. 301. POLICY AND FINDINGS. standing chapter 63 of title 31, United States (e) DURATION.—The Secretary shall commence ‘‘(a) POLICY.—It is the policy of Congress to Code, the Secretary may enter into a cooperative the sesame insurance pilot program as soon as protect the public from meat and meat food agreement with a State that— practicable after the date of the enactment of products that are adulterated or misbranded ‘‘(1) establishes the terms governing the rela- this Act and continue the program through the and to assist in efforts by State and other gov- tionship between the Secretary and the State 2012 crop year. ernment agencies to accomplish that policy. meat inspection program; ‘‘(2) provides that the State will adopt (in- Subtitle B—Livestock and Poultry ‘‘(b) FINDINGS.—Congress finds that— ‘‘(1) the goal of a safe and wholesome supply cluding adoption by reference) provisions iden- SEC. 11101. SENSE OF CONGRESS REGARDING of meat and meat food products throughout the tical to titles I, II, and IV (including the regula- PSEUDORABIES ERADICATION PRO- tions, directives, notices, policy memoranda, and GRAM. United States would be better served if a con- sistent set of requirements, established by the other regulatory requirements issued under It is the sense of Congress that— those titles); (1) the Secretary should recognize the threat Federal Government, were applied to all meat and meat food products, whether produced ‘‘(3) provides that State-inspected and passed feral swine pose to the domestic swine popu- meat and meat food products shall be marked lation; under State inspection or Federal inspection; ‘‘(2) under such a system, State and Federal with a mark of State inspection, which shall be (2) keeping the United States commercial deemed to be an official mark, in accordance swine herd free of pseudorabies is essential to meat inspection programs would function to- gether to create a seamless inspection system to with requirements issued by the Secretary; maintaining and growing pork export markets; ‘‘(4) provides that the State will comply with ensure food safety and inspire consumer con- (3) the establishment of a swine surveillance all labeling requirements issued by the Secretary fidence in the food supply in interstate com- system will assist the swine industry in the mon- governing meat and meat food products in- merce; and itoring, surveillance, and eradication of spected under the State meat inspection pro- ‘‘(3) such a system would ensure the viability pseudorabies; and gram; (4) pseudorabies eradication is a high priority of State meat inspection programs, which should ‘‘(5) provides that the Secretary shall have that the Secretary should carry out under the help to foster the viability of small establish- authority— authorities of the Animal Health Protection Act. ments. ‘‘(A) to detain and seize livestock, carcasses, SEC. 11102. ARBITRATION OF LIVESTOCK AND ‘‘SEC. 302. APPROVAL OF STATE MEAT INSPEC- parts of carcasses, meat, and meat food products POULTRY CONTRACTS. TION PROGRAMS. under the State meat inspection program; The Packers and Stockyards Act, 1921 (7 ‘‘(a) IN GENERAL.—Notwithstanding any other ‘‘(B) to obtain access to facilities, records, U.S.C. 181 et seq.) is amended— provision of this Act, the Secretary may approve livestock, carcasses, parts of carcasses, meat, (1) by redesignating section 416 as section 417; a State meat inspection program and allow the and meat food products of any person, firm, or and shipment in commerce of carcasses, parts of car- corporation that slaughters, processes, handles, (2) by inserting after section 415 the following casses, meat, and meat food products inspected stores, transports, or sells meat or meat food new section: under the State meat inspection program in ac- products inspected under the State meat inspec- ‘‘SEC. 416. ARBITRATION OF LIVESTOCK AND cordance with this title. tion program to determine compliance with this POULTRY CONTRACTS. ‘‘(b) ELIGIBILITY.— Act (including the regulations issued under this ‘‘(a) ISSUANCE OF REGULATIONS.—The Sec- ‘‘(1) IN GENERAL.—To receive or maintain ap- Act); and retary of Agriculture shall promulgate regula- proval from the Secretary for a State meat in- ‘‘(C) to direct the State to conduct any activ- tions to establish standards related to the inclu- spection program in accordance with subsection ity authorized to be conducted by the Secretary sion of arbitration provisions in livestock and (a), a State shall— under this Act (including the regulations issued poultry production contracts. ‘‘(A) implement a State meat inspection pro- under this Act); and ‘‘(b) CONTENT.—Such regulations shall— gram that enforces the mandatory antemortem ‘‘(6) includes such other terms as the Sec- ‘‘(1) establish permissible agreements with re- and postmortem inspection, reinspection, sanita- retary determines to be necessary to ensure that spect to venue of arbitration, allocation of arbi- tion, and related Federal requirements of titles the actions of the State and the State meat in- tration costs, number and appointment of arbi- I, II, and IV (including the regulations, direc- spection program are consistent with this Act trators, and any other element of an arbitration tives, notices, policy memoranda, and other reg- (including the regulations, directives, notices, agreement that the Secretary determines to be ulatory requirements issued under those titles); policy memoranda, and other regulatory re- necessary; and quirements issued under this Act). ‘‘(2) permit a producer to seek relief in a small ‘‘(B) enter into a cooperative agreement with ‘‘(d) RESTRICTION ON ESTABLISHMENT SIZE.— claims court in lieu of arbitration for disputes or the Secretary in accordance with subsection (c). After the date that is 90 days after the effective

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date of the Farm, Nutrition, and Bioenergy Act establishment that shall be inspected by the Sec- (c) STATE POULTRY INSPECTION PROGRAMS.— of 2007, establishments with more than 50 em- retary, until such time as the Secretary deter- (1) IN GENERAL.—The Poultry Products In- ployees may not be accepted into a State meat mines that the State will meet the requirements spection Act (21 U.S.C. 451 et seq.) is amended inspection program. Any establishment that is of this Act (including the regulations, directives, by striking section 5 and inserting the following: subject to state inspection on such date, may re- notices, policy memoranda, and other regulatory ‘‘SEC. 5. STATE POULTRY INSPECTION PRO- main subject to State inspection. requirements) and the cooperative agreement GRAMS. ‘‘(e) REIMBURSEMENT OF STATE COSTS.—The with respect to the establishment. ‘‘(a) POLICY.—It is the policy of Congress to Secretary may reimburse a State for not more ‘‘SEC. 305. ANNUAL REVIEW. protect the public from poultry products that than 50 percent of the State’s costs of meeting ‘‘(a) IN GENERAL.—The Secretary shall de- are adulterated or misbranded and to assist in the Federal requirements for the State meat in- velop and implement a process to annually re- efforts by State and other government agencies spection program. view each State meat inspection program ap- to accomplish that policy. ‘‘(f) SAMPLING.—A duly authorized represent- proved under this title and to certify the State ‘‘(b) FINDINGS.—Congress finds that— ‘‘(1) the goal of a safe and wholesome supply ative of the Secretary shall be afforded access to meat inspection programs that comply with the of poultry products throughout the United State inspected establishments to take reason- cooperative agreement entered into with the States would be better served if a consistent set able samples of the inventory of such establish- State under section 302(c). of requirements, established by the Federal Gov- ments upon payment of the fair market value ‘‘(b) COMMENT FROM INTERESTED PARTIES.— ernment, were applied to all poultry products, therefor. In developing the review process described in whether produced under State inspection or ‘‘(g) NONCOMPLIANCE.—If the Secretary deter- subsection (a), the Secretary shall solicit com- Federal inspection; mines that a State meat inspection program does ment from interested parties. not comply with this title or the cooperative ‘‘(2) under such a system, State and Federal ‘‘SEC. 306. FEDERAL INSPECTION OPTION. poultry inspection programs would function to- agreement under subsection (c), the Secretary ‘‘(a) IN GENERAL.—An establishment that op- shall take such action as the Secretary deter- gether to create a seamless inspection system to erates in a State with an approved State meat ensure food safety and inspire consumer con- mines to be necessary to ensure that the car- inspection program may apply for inspection fidence in the food supply in interstate com- casses, parts of carcasses, meat, and meat food under the State meat inspection program or for merce; and products in the State are inspected in a manner Federal inspection. ‘‘(3) such a system would ensure the viability that effectuates this Act (including the regula- ‘‘(b) LIMITATION.—An establishment shall not of State poultry inspection programs, which tions, directives, notices, policy memoranda, and make an application under subsection (a) more should help to foster the viability of small offi- other regulatory requirements issued under this than once every four years.’’. cial establishments. Act). (2) RESTAURANTS AND RETAIL STORES.—Title ‘‘(c) APPROVAL OF STATE POULTRY INSPECTION ‘‘SEC. 303. AUTHORITY TO TAKE OVER STATE IV of the Federal Meat Inspection Act is amend- PROGRAMS.— MEAT INSPECTION PROGRAMS. ed— ‘‘(1) IN GENERAL.—Notwithstanding any other ‘‘(a) NOTIFICATION.—If the Secretary has rea- (A) by redesignating section 411 (21 U.S.C. provision of this Act, the Secretary may approve son to believe that a State is not in compliance 681) as section 414; and a State poultry inspection program and allow with this Act (including the regulations, direc- (B) by inserting after section 410 (21 U.S.C. the shipment in commerce of poultry products tives, notices, policy memoranda, and other reg- 680) the following: inspected under the State poultry inspection ulatory requirements issued under this Act) or ‘‘SEC. 411. RESTAURANTS AND RETAIL STORES. program in accordance with this section and the cooperative agreement under section 302(c) ‘‘(a) LIMITATION ON APPLICABILITY OF INSPEC- section 5A. and is considering the revocation or temporary TION REQUIREMENTS.—The provisions of this Act ‘‘(2) ELIGIBILITY.— suspension of the approval of the State meat in- requiring inspection of the slaughter of animals ‘‘(A) IN GENERAL.—To receive or maintain ap- spection program, the Secretary shall promptly and the preparation of carcasses, parts of car- proval from the Secretary for a State poultry in- notify and consult with the Governor of the casses, meat, and meat food products shall not spection program in accordance with paragraph State. apply to operations of types traditionally and (1), a State shall— ‘‘(b) SUSPENSION AND REVOCATION.— usually conducted at retail stores and res- ‘‘(i) implement a State poultry inspection pro- ‘‘(1) IN GENERAL.—The Secretary may revoke taurants, as determined by the Secretary, if the gram that enforces the mandatory antemortem or temporarily suspend the approval of a State operations are conducted at a retail store, res- and postmortem inspection, reinspection, sanita- meat inspection program and take over a State taurant, or similar retail establishment for sale tion, and related Federal requirements of sec- meat inspection program if the Secretary deter- of such prepared articles in normal retail quan- tions 1 through 4 and 6 through 33 (including mines that the State meat inspection program is tities or for service of the articles to consumers the regulations, directives, notices, policy memo- not in compliance with this Act (including the at such an establishment. randa, and other regulatory requirements issued regulations, directives, notices, policy memo- ‘‘(b) CENTRAL KITCHEN FACILITIES.— under those sections); and randa, and other regulatory requirements issued ‘‘(1) IN GENERAL.—For the purposes of this ‘‘(ii) enter into a cooperative agreement with under this Act) or the cooperative agreement section, operations conducted at a central kitch- the Secretary in accordance with paragraph (3). under section 302(c). en facility of a restaurant shall be considered to ‘‘(B) ADDITIONAL REQUIREMENTS.— ‘‘(i) IN GENERAL.—In addition to the require- ‘‘(2) PROCEDURES FOR REINSTATEMENT.—A be conducted at a restaurant if the central ments described in subparagraph (A), a State State meat inspection program that has been the kitchen of the restaurant prepares meat or meat poultry inspection program reviewed in accord- subject of a revocation may be reinstated as an food products that are ready to eat when they ance with section 11103(a) of the Farm, Nutri- approved State meat inspection program under leave the facility and are served in meals or as tion, and Bioenergy Act of 2007 shall implement, this Act only in accordance with the procedures entrees only to customers at restaurants owned not later 180 days after the date on which the under section 302(b)(2)(B). or operated by the same person, firm, or cor- report is submitted under subsection (b) of such ‘‘(c) PUBLICATION.—If the Secretary revokes poration that owns or operates the facility. section, all recommendations from the review, in or temporarily suspends the approval of a State ‘‘(2) EXCEPTION.—A facility described in para- meat inspection program in accordance with graph (1) shall be subject to section 202 and may a manner approved by the Secretary. ‘‘(ii) REVIEW OF NEW STATE POULTRY INSPEC- subsection (b), the Secretary shall publish notice be subject to the inspection requirements of title TION PROGRAMS.— of the revocation or temporary suspension under I for as long as the Secretary determines to be ‘‘(I) REVIEW REQUIREMENT.—Not later than that subsection in the Federal Register. necessary, if the Secretary determines that the one year after the date on which the Secretary ‘‘(d) INSPECTION OF ESTABLISHMENTS.—Not sanitary conditions or practices of the facility or approves a new State poultry inspection pro- later than 30 days after the date of publication the processing procedures or methods at the fa- gram, the Secretary shall conduct a review of of a determination under subsection (c), an es- cility are such that any of the meat or meat food the new State poultry inspection program, tablishment subject to a State meat inspection products of the facility are rendered adulter- which shall include— program with respect to which the Secretary ated. ‘‘(aa) a determination of the effectiveness of makes a determination under subsection (b) ‘‘SEC. 412. ACCEPTANCE OF INTERSTATE SHIP- the new State poultry inspection program; and shall be inspected by the Secretary. MENTS OF MEAT AND MEAT FOOD ‘‘(bb) identification of changes necessary to ‘‘SEC. 304. EXPEDITED AUTHORITY TO TAKE OVER PRODUCTS. ensure enforcement of Federal inspection re- INSPECTION OF STATE-INSPECTED ‘‘Notwithstanding any provision of State law, quirements. ESTABLISHMENTS. a State or local government shall not prohibit or ‘‘(II) IMPLEMENTATION REQUIREMENTS.—In ‘‘Notwithstanding any other provision of this restrict the movement or sale of meat or meat addition to the requirements described in sub- title, if the Secretary determines that an estab- food products that have been inspected and paragraph (A), to continue to be an approved lishment operating under a State meat inspec- passed in accordance with this Act for interstate State poultry inspection program, a new State tion program is not operating in accordance commerce. poultry inspection program shall implement all with this Act (including the regulations, direc- ‘‘SEC. 413. ADVISORY COMMITTEES FOR FEDERAL recommendations from the review conducted in tives, notices, policy memoranda, and other reg- AND STATE PROGRAMS. accordance with this clause, in a manner ap- ulatory requirements issued under this Act) or ‘‘The Secretary may appoint advisory commit- proved by the Secretary. the cooperative agreement under section 302(c), tees consisting of such representatives of appro- ‘‘(III) DEFINITION OF NEW STATE POULTRY IN- and the State, after notification by the Sec- priate State agencies as the Secretary and the SPECTION PROGRAM.—In this clause, the term retary to the Governor, has not taken appro- State agencies may designate to consult with the ‘new State poultry inspection program’ means a priate action within a reasonable time as deter- Secretary concerning State and Federal pro- State poultry inspection program that is not ap- mined by the Secretary, the Secretary may im- grams with respect to meat inspection and other proved in accordance with paragraph (1) be- mediately determine that the establishment is an matters within the scope of this Act.’’. tween the effective date of the Farm, Nutrition,

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and Bioenergy Act of 2007 and the date that is ‘‘(e) FEDERAL INSPECTION OPTION.— requiring inspection of the slaughter of poultry one year after the effective date of such Act. ‘‘(1) IN GENERAL.—An official establishment and the processing of poultry products shall not ‘‘(3) COOPERATIVE AGREEMENT.—Notwith- that operates in a State with an approved State apply to operations of types traditionally and standing chapter 63 of title 31, United States poultry inspection program may apply for in- usually conducted at retail stores and res- Code, the Secretary may enter into a cooperative spection under the State poultry inspection pro- taurants, if the operations are conducted at a agreement with a State that— gram or for Federal inspection. retail store, restaurant, or similar retail estab- ‘‘(A) establishes the terms governing the rela- ‘‘(2) LIMITATION.—An official establishment lishment for sale of such prepared articles in tionship between the Secretary and the State shall not make an application under paragraph normal retail quantities or for service of the ar- poultry inspection program; (1) more than once every 4 years. ticles to consumers at such an establishment. ‘‘(B) provides that the State will adopt (in- ‘‘SEC. 5A. AUTHORITY TO TAKE OVER STATE ‘‘(b) CENTRAL KITCHEN FACILITIES.— cluding adoption by reference) provisions iden- POULTRY INSPECTION ACTIVITIES. ‘‘(1) IN GENERAL.—For the purposes of this tical to sections 1 through 4 and 6 through 33 ‘‘(a) AUTHORITY TO TAKE OVER STATE POUL- section, operations conducted at a central kitch- (including the regulations, directives, notices, TRY INSPECTION PROGRAMS.— en facility of a restaurant shall be considered to policy memoranda, and other regulatory re- ‘‘(1) NOTIFICATION.—If the Secretary has rea- be conducted at a restaurant if the central quirements issued under those sections); son to believe that a State is not in compliance kitchen of the restaurant prepares poultry prod- ‘‘(C) provides that State-inspected and passed with this Act (including the regulations, direc- ucts that are ready to eat when they leave the poultry products may be marked with the mark tives, notices, policy memoranda, and other reg- facility and are served in meals or as entrees of State inspection, which shall be deemed to be ulatory requirements issued under this Act) or only to customers at restaurants owned or oper- an official mark, in accordance with require- the cooperative agreement under section 5(c)(3) ated by the same person that owns or operates ments issued by the Secretary; and is considering the revocation or temporary the facility. ‘‘(D) provides that the State will comply with suspension of the approval of the State poultry ‘‘(2) EXCEPTION.—A facility described in para- all labeling requirements issued by the Secretary inspection program, the Secretary shall prompt- graph (1) shall be subject to section 11(b) and governing poultry products inspected under the ly notify and consult with the Governor of the may be subject to the inspection requirements of State poultry inspection program; State. this Act for as long as the Secretary determines ‘‘(E) provides that the Secretary shall have ‘‘(2) SUSPENSION AND REVOCATION.— to be necessary, if the Secretary determines that authority— ‘‘(A) IN GENERAL.—The Secretary may revoke the sanitary conditions or practices of the facil- ‘‘(i) to detain and seize poultry and poultry or temporarily suspend the approval of a State ity or the processing procedures or methods at products under the State poultry inspection pro- poultry inspection program and take over a the facility are such that any of the poultry gram; State poultry inspection program if the Sec- products of the facility are rendered adulter- ‘‘(ii) to obtain access to facilities, records, and retary determines that the State poultry inspec- ated. poultry products of any person that slaughters, tion program is not in compliance with this Act ‘‘SEC. 32. ACCEPTANCE OF INTERSTATE SHIP- processes, handles, stores, transports, or sells (including the regulations, directives, notices, MENTS OF POULTRY PRODUCTS. poultry products inspected under the State poul- policy memoranda, and other regulatory re- ‘‘Notwithstanding any provision of State law, try inspection program to determine compliance quirements issued under this Act) or the cooper- a State or local government shall not prohibit or with this Act (including the regulations issued ative agreement. restrict the movement or sale of poultry products under this Act); and ‘‘(B) PROCEDURES FOR REINSTATEMENT.—A that have been inspected and passed in accord- ‘‘(iii) to direct the State to conduct any activ- State poultry inspection program that has been ance with this Act for interstate commerce. ity authorized to be conducted by the Secretary the subject of a revocation may be reinstated as ‘‘SEC. 33. ADVISORY COMMITTEES FOR FEDERAL under this Act (including the regulations issued an approved State poultry inspection program AND STATE PROGRAMS. under this Act); and under this Act only in accordance with the pro- ‘‘The Secretary may appoint advisory commit- ‘‘(F) includes such other terms as the Sec- cedures under section 5(c)(2)(B)(ii). tees consisting of such representatives of appro- retary determines to be necessary to ensure that ‘‘(3) PUBLICATION.—If the Secretary revokes priate State agencies as the Secretary and the the actions of the State and the State poultry or temporarily suspends the approval of a State State agencies may designate to consult with the inspection program are consistent with this Act poultry inspection program in accordance with Secretary concerning State and Federal pro- (including the regulations, directives, notices, paragraph (2), the Secretary shall publish notice grams with respect to poultry product inspection policy memoranda, and other regulatory re- of the revocation or temporary suspension under and other matters within the scope of this Act’’. quirements issued under this Act). that paragraph in the Federal Register. (d) REGULATIONS.—Not later than 180 days ‘‘(4) RESTRICTION ON ESTABLISHMENT SIZE.— ‘‘(4) INSPECTION OF ESTABLISHMENTS.—Not after the date of the enactment of this Act, the After the date that is 90 days after the effective later than 30 days after the date of publication Secretary of Agriculture shall promulgate such date of the Farm, Nutrition, and Bioenergy Act of a determination under paragraph (3), an offi- regulations as are necessary to implement the of 2007, establishments with more than 50 em- cial establishment subject to a State poultry in- amendments made by subsections (b) and (c). ployees may not be accepted into a State meat spection program with respect to which the Sec- (e) EFFECTIVE DATE.—The amendments made inspection program. Any establishment that is retary makes a determination under paragraph by subsections (b) and (c) of this Act shall take subject to state inspection on such date may re- (2) shall be inspected by the Secretary. effect on the date that is 180 days after the date main subject to state inspection. ‘‘(b) EXPEDITED AUTHORITY TO TAKE OVER of the enactment of this Act. ‘‘(5) REIMBURSEMENT OF STATE COSTS.—The NSPECTION OF STATE-INSPECTED OFFICIAL ES- SEC. 11104. COUNTRY OF ORIGIN LABELING. Secretary may reimburse a State for not more I TABLISHMENTS.—Notwithstanding any other Subtitle D of the Agricultural Marketing Act than 60 percent of the State’s costs of meeting provision of this title, if the Secretary deter- of 1946 (7 U.S.C. 1638 et seq.) is amended— the Federal requirements for the State poultry mines that an official establishment operating (1) in section 281(2)(A)— inspection program. under a State poultry inspection program is not (A) in clause (v) by striking ‘‘and’’; ‘‘(6) SAMPLING.—A duly authorized represent- (B) in clause (vi), by striking ‘‘peanuts.’’ and ative of the Secretary shall be afforded access to operating in accordance with this Act (includ- ing the regulations, directives, notices, policy inserting ‘‘peanuts; and’’; and State inspected establishments to take reason- (C) by adding at the end the following new able samples of their inventory upon payment of memoranda, and other regulatory requirements issued under this Act) or the cooperative agree- clause: the fair market value therefor. ‘‘(vii) meat produced from goats.’’; ‘‘(7) NONCOMPLIANCE.—If the Secretary deter- ment under section 5(c)(3), and the State, after notification by the Secretary to the Governor, (2) in section 282— mines that a State poultry inspection program (A) in subsection (a), by striking paragraphs has not taken appropriate action within a rea- does not comply with this section, section 5A, or (2) and (3) and inserting the following: sonable time as determined by the Secretary, the the cooperative agreement under paragraph (3), ‘‘(2) DESIGNATION OF COUNTRY OF ORIGIN FOR Secretary may immediately determine that the the Secretary shall take such action as the Sec- BEEF, LAMB, PORK, AND GOAT.— official establishment is an establishment that retary determines to be necessary to ensure that ‘‘(A) UNITED STATES COUNTRY OF ORIGIN.—A shall be inspected by the Secretary, until such the poultry products in the State are inspected retailer of a covered commodity that is beef, time as the Secretary determines that the State in a manner that effectuates this Act (including lamb, pork, or goat may designate the covered will meet the requirements of this Act (including the regulations, directives, notices, policy memo- commodity as exclusively having a United States the regulations, directives, notices, policy memo- randa, and other regulatory requirements issued country of origin only if the covered commodity randa, and other regulatory requirements) and under this Act). is derived from an animal that was— ‘‘(d) ANNUAL REVIEW.— the cooperative agreement with respect to the of- ‘‘(i) exclusively born, raised, and slaughtered ‘‘(1) IN GENERAL.—The Secretary shall develop ficial establishment.’’. in the United States; or and implement a process to annually review (2) RESTAURANTS AND RETAIL STORES, ACCEPT- ‘‘(ii) born and raised in Alaska or Hawaii and each State poultry inspection program approved ANCE OF INTERSTATE SHIPMENTS OF POULTRY transported for a period of not more than 60 under this section and to certify the State poul- PRODUCTS, AND ADVISORY COMMITTEES FOR FED- days through Canada to the United States and try inspection programs that comply with the ERAL AND STATE PROGRAMS.—The Poultry Prod- slaughtered in the United States. cooperative agreement entered into with the ucts Inspection Act (21 U.S.C. 451 et seq.) is ‘‘(B) MULTIPLE COUNTRIES OF ORIGIN.—A re- State under subsection (c)(3). amended by inserting after section 30 the fol- tailer of a covered commodity that is beef, lamb, ‘‘(2) COMMENT FROM INTERESTED PARTIES.—In lowing: pork, or goat that is derived from an animal developing the review process described in para- ‘‘SEC. 31. RESTAURANTS AND RETAIL STORES. that is— graph (1), the Secretary shall solicit comment ‘‘(a) LIMITATION ON APPLICABILITY OF INSPEC- ‘‘(i) not exclusively born, raised, and slaugh- from interested parties. TION REQUIREMENTS.—The provisions of this Act tered in the United States,

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00198 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.017 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9035 ‘‘(ii) born, raised, or slaughtered in the United (3) in section 283— Subtitle C—Socially Disadvantaged States, and (A) by striking subsections (a) and (c); Producers and Limited Resource Producers ‘‘(iii) not imported into the United States for (B) by redesignating subsection (b) subsection SEC. 11201. OUTREACH AND TECHNICAL ASSIST- immediate slaughter, (a); ANCE FOR SOCIALLY DISADVAN- may designate the country of origin of such cov- (C) in subsection (a) (as so redesignated), by TAGED FARMERS AND RANCHERS ered commodity as all of the countries in which striking ‘‘retailer’’ and inserting ‘‘retailer or AND LIMITED RESOURCE FARMERS the animal may have been born, raised, or person engaged in the business of supplying a AND RANCHERS. slaughtered. covered commodity to a retailer’’; and (a) IN GENERAL.—Section 2501 of the Food, ‘‘(C) IMPORTED FOR IMMEDIATE SLAUGHTER.— (D) by adding at the end the following new Agriculture, Conservation, and Trade Act of A retailer of a covered commodity that is beef, subsection: 1990 (7 U.S.C. 2279) is amended— lamb, pork, or goat that is derived from an ani- ‘‘(b) FINES.—If, on completion of the 30-day (1) in subsection (a)— mal that is imported into the United States for period described in subsection (a)(2), the Sec- (A) by striking paragraph (2) and inserting immediate slaughter must designate the origin of retary determines that the retailer or person en- the following new paragraph: such covered commodity as— gaged in the business of supplying a covered ‘‘(2) REQUIREMENTS.—The outreach and tech- ‘‘(i) the country from which the animal was commodity to a retailer has— nical assistance program under paragraph (1) imported; and ‘‘(1) not made a good faith effort to comply shall be used— ‘‘(ii) the United States. with section 282, and ‘‘(A) to enhance coordination of the outreach, ‘‘(D) FOREIGN COUNTRY OF ORIGIN.—A retailer ‘‘(2) continues to willfully violate section 282 technical assistance, and education efforts au- of a covered commodity that is beef, lamb, pork, with respect to the violation about which the re- thorized under agriculture programs; and or goat that is derived from an animal that is tailer or person received notification under sub- ‘‘(B) to assist the Secretary in— not born, raised, or slaughtered in the United section (a)(1), ‘‘(i) reaching socially disadvantaged or limited States must designate a country other than the after providing notice and an opportunity for a resource farmers and ranchers and prospective United States as the country of origin of such hearing before the Secretary with respect to the socially disadvantaged or limited resource farm- commodity. violation, the Secretary may fine the retailer or ers and ranchers in an appropriate manner; and ‘‘(E) GROUND BEEF, PORK, AND LAMB.—The person in an amount of not more than $1,000 for ‘‘(ii) improving the participation of those notice of country of origin for ground beef, each violation.’’; and farmers and rancher in Department programs, ground pork, or ground lamb shall include— (4) in section 285— as determined under section 2501A.’’; ‘‘(i) a list of all countries of origin of such (A) by striking ‘‘This subtitle’’ and inserting (B) in paragraph (3)— ground beef, ground pork, or ground lamb; or ‘‘(a) IN GENERAL.—Subject to subsection (b), this (i) in subparagraph (A), by striking ‘‘entity to ‘‘(ii) a list of all reasonably possible countries subtitle’’; and provide information’’ and inserting ‘‘entity that of origin of such ground beef, ground pork, or (B) by adding at the end the following new has demonstrated an ability to carry out the re- ground lamb. subsection: quirements described in paragraph (2) to provide ‘‘(3) DESIGNATION OF COUNTRY OF ORIGIN FOR ‘‘(b) ANIMALS IN THE UNITED STATES ON JANU- outreach’’; and FISH.— ARY 1, 2008.—Notwithstanding subsection (a), (ii) by adding at the end the following new ‘‘(A) IN GENERAL.—A retailer of a covered this subtitle shall not apply to a covered com- subparagraphs: commodity that is farm-raised fish or wild fish modity that is derived from an animal that is in ‘‘(D) ADDITIONAL CONTRACTING AUTHORITY.— may designate the covered commodity as having the United States on January 1, 2008.’’. ‘‘(i) IN GENERAL.—Any agency of the Depart- a United States country of origin only if the SEC. 11105. SENSE OF CONGRESS REGARDING ment of Agriculture may make grants and enter covered commodity— STATE INSPECTED MEAT AND POUL- into contracts and cooperative agreements with ‘‘(i) in the case of farm-raised fish, is hatched, TRY PRODUCTS. a community-based organization that meets the raised, harvested, and processed in the United It is the sense of Congress that— definition of an eligible entity under subsection States; and (1) the food supply in the United States con- (e) in order to utilize the community-based orga- ‘‘(ii) in the case of wild fish, is— tinues to be the safest in the world; nization to provide outreach and technical as- ‘‘(I) harvested in the United States, a territory (2) State inspected meat and poultry products sistance. of the United States, or a State, or by a vessel are safe and wholesome, and should be avail- ‘‘(ii) MATCHING FUNDS.—As a condition of any that is documented under chapter 121 of title 46, able to consumers nationwide to increase the grant made, or any contract or any cooperative United States Code, or registered in the United economic viability of small establishments and agreement entered into under this subpara- States; and allow States to broadly market their products; graph, the Secretary shall require the eligible ‘‘(II) processed in the United States, a terri- and entity to match not less than 25 percent of the tory of the United States, or a State, including (3) the Federal and State meat and poultry in- total amount of the funds provided by the grant, the waters thereof. spection systems should function seamlessly to contract, or cooperative agreement. ‘‘(B) DESIGNATION OF WILD FISH AND FARM- ensure food safety and inspire consumer con- ‘‘(E) REPORT.—The Secretary shall submit to RAISED FISH.—The notice of country of origin fidence in the food supply. for wild fish and farm-raised fish shall distin- the Committee on Agriculture of the House of SEC. 11106. SENSE OF CONGRESS REGARDING Representatives and the Committee on Agri- guish between wild fish and farm-raised fish. THE VOLUNTARY CONTROL PRO- ‘‘(4) DESIGNATION OF PERISHABLE AGRICUL- GRAM FOR LOW PATHOGENIC AVIAN culture, Nutrition, and Forestry of the Senate, TURAL COMMODITIES AND PEANUTS.—A retailer INFLUENZA. and make publicly available, an annual report of a covered commodity that is a perishable agri- It is the sense of Congress that— that includes a list of the following: cultural commodity or peanut may designate the (1) the voluntary control program for low ‘‘(i) The recipients of funds made available covered commodity as having a United States pathogenic avian influenza is a critical compo- under the program. country of origin only if the covered commodity nent of the animal health protection system of ‘‘(ii) The activities undertaken and services is exclusively produced in the United States.’’; the United States, as well as a safeguard provided. and against highly pathogenic avian influenza; and ‘‘(iii) The number of producers served and (B) by striking subsection (d) and inserting (2) the Secretary of Agriculture has appro- outcomes of such service. the following: priately provided for the payment of compensa- ‘‘(iv) The problems and barriers identified by ‘‘(d) AUDIT VERIFICATION SYSTEM.— tion to owners of poultry and cooperating State entities in trying to increase participation by so- ‘‘(1) IN GENERAL.—The Secretary may conduct agencies of 100 percent of eligible costs, and the cially disadvantaged farmers and ranchers.’’; an audit of any person that prepares, stores, Secretary should continue to provide such pay- and handles, or distributes a covered commodity for ments at 100 percent of such costs. (C) in paragraph (4)— retail sale to verify compliance with this subtitle SEC. 11107. SENSE OF CONGRESS REGARDING (i) by striking subparagraph (A), and insert- (including the regulations promulgated under THE CATTLE FEVER TICK ERADI- ing the following new subparagraph: section 284(b)). CATION PROGRAM. ‘‘(A) AVAILABILITY OF FUNDS.—Of the funds ‘‘(2) RECORD REQUIREMENTS.— It is the sense of Congress that— of the Commodity Credit Corporation, the Sec- ‘‘(A) IN GENERAL.—A person subject to an (1) the cattle fever tick and the southern cat- retary shall make available $15,000,000 for each audit under paragraph (1) shall provide the Sec- tle tick are vectors of the causal agent of of the fiscal years 2008 through 2012 to carry out retary with verification of the country of origin babesiosis, a severe and often fatal disease of this subsection.’’; of covered commodities. Records maintained in cattle; and (ii) in subparagraph (B), by striking ‘‘author- the course of the normal conduct of the business (2) implementing a national strategic plan for ized to be appropriated under subparagraph of such person, including animal health papers, the cattle fever tick eradication program is a (A)’’ and inserting ‘‘made available under sub- import or customs documents, or producer affi- high priority that the secretary should carry out paragraph (A)’’; and davits, may serve as such verification. in order to— (iii) by adding at the end the following new ‘‘(B) PROHIBITION ON REQUIREMENT OF ADDI- (A) prevent the entry of cattle fever ticks into subparagraph: TIONAL RECORDS.—The Secretary may not re- the United States; ‘‘(C) LIMITATION ON USE OF FUNDS FOR ADMIN- quire a person that prepares, stores, handles, or (B) enhance and maintain an effective sur- ISTRATIVE EXPENSES.—Not more than 5 percent distributes a covered commodity to maintain a veillance program to rapidly detect any cattle of the amounts made available under subpara- record of the country of origin of a covered com- fever tick incursions; and graph (A) for a fiscal year may be used for ex- modity other than those maintained in the (C) research, identify, and procure the tools penses related to administering the program course of the normal conduct of the business of and knowledge necessary to prevent and eradi- under this section.’’; and such person.’’; cate cattle fever ticks in the United States. (2) in subsection (e)(5)(A)(ii)—

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00199 Fmt 7634 Sfmt 6333 E:\CR\FM\A30JY7.017 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9036 CONGRESSIONAL RECORD — HOUSE July 30, 2007 (A) by inserting ‘‘and on behalf of’’ before SEC. 11204. BEGINNING FARMER AND RANCHER Agriculture, Conservation, and Trade Act of ‘‘socially’’; and DEVELOPMENT PROGRAM. 1990 (7 U.S.C. 2279); and (B) by striking ‘‘2-year’’ and inserting ‘‘3- Section 7405 of the Farm Security and Rural (2) the beginning farmer and rancher develop- year’’. Investment Act of 2002 (7 U.S.C. 3319f) is amend- ment program established under section 7405 of (b) COORDINATION WITH OUTREACH.— ed by striking subsection (h) and inserting the the Farm Security and Rural Investment Act of (1) IN GENERAL.—Not more than 18 months following new subsection: 2002 (7 U.S.C. 3319f). after the date of enactment of this Act, the Sec- ‘‘(h) AVAILABILITY OF FUNDS.—Of the funds SEC. 11209. MINORITY FARMER ADVISORY COM- retary shall develop a plan to join and relo- of the Commodity Credit Corporation, the Sec- MITTEE. cate— retary shall make available $15,000,000 for each (a) ESTABLISHMENT.—Not later than 18 (A) the outreach and technical assistance pro- of the fiscal years 2008 through 2012 to carry out months after the date of enactment of this Act, gram established under section 2501 of the Food, this section.’’. the Secretary of Agriculture shall establish an Agriculture, Conservation, and Trade Act of SEC. 11205. PROVISION OF RECEIPT FOR SERVICE advisory committee, to be known as the ‘‘Advi- 1990 (7 U.S.C. 2279); and OR DENIAL OF SERVICE. sory Committee on Minority Farmers’’ (in this (B) the Office of Outreach of the Department In any case in which a producer or land- section referred to as the ‘‘Committee’’), which of Agriculture. owner, or prospective producer or landowner, shall be overseen by the Office of Outreach of (2) REPORT.—After the relocation described in requests from the Department of Agriculture the Department of Agriculture. this subsection is completed, the Secretary shall any benefit or service offered by the Department (b) DUTIES.—The Committee shall— submit to Congress a report that include infor- to agricultural producers or landowners, the (1) review all civil rights cases to ensure that mation describing the new location of the pro- Secretary of Agriculture shall provide for the they are processed in a timely manner; gram. issuance, on the date on which the producer or (2) ensure that the processing of civil rights SEC. 11202. IMPROVED PROGRAM DELIVERY BY landowner, or prospective producer or land- cases complies with applicable laws; DEPARTMENT OF AGRICULTURE ON owner, makes the request, a receipt containing— (3) report quarterly to the Secretary of Agri- INDIAN RESERVATIONS. (1) the date, place, and subject of the request; culture on civil rights enforcement and out- Section 2501(g)(1) of the Food, Agriculture, and reach; Conservation, and Trade Act of 1990 (7 U.S.C. (2) the action taken, not taken, or rec- (4) monitor and annually report to Congress 2279(g)(1)) is amended— ommendations made in response to the request. (1) in the first sentence, by striking ‘‘where on compliance with all civil rights and related SEC. 11206. TRACKING OF SOCIALLY DISADVAN- there is a demonstrated demand for service’’ laws by all agencies and under all programs of TAGED FARMERS AND RANCHERS the Department; after ‘‘offices’’; and AND LIMITED RESOURCE FARMERS (2) by striking the second sentence. (5) recommend to the Secretary corrective ac- AND RANCHERS IN CENSUS OF AGRI- tions to prevent civil rights violations; and SEC. 11203. TRANSPARENCY AND ACCOUNT- CULTURE AND CERTAIN STUDIES. (6) review the operations of the outreach and ABILITY FOR SOCIALLY DISADVAN- The Secretary of Agriculture shall ensure, to technical assistance program established under TAGED FARMERS AND RANCHERS. the maximum extent practicable, that the Cen- section 2501 of the Food, Agriculture, Conserva- Section 2501A of the Food, Agriculture, Con- sus of Agriculture and studies carried out by the tion, and Trade Act of 1990 (7 U.S.C. 2279). servation, and Trade Act of 1990 (7 U.S.C. 2279– Economic Research Service accurately document (c) MEMBERSHIP OF COMMITTEE.—The Com- 1) is amended by striking subsection (c) and in- the number, location, and economic contribu- mittee shall be composed of the following: serting the following new subsections: tions of socially disadvantaged farmers and (1) Three members appointed by the Secretary. ‘‘(c) COMPILATION OF PROGRAM PARTICIPA- ranchers and limited resource farmers and (2) Two members appointed by the chairman TION DATA.— ranchers in agricultural production. ‘‘(1) ANNUAL REQUIREMENT.—For each county of the Committee on Agriculture, Nutrition, and SEC. 11207. FARMWORKER COORDINATOR. and State in the United States, the Secretary of Forestry of the Senate, in consultation with the (a) ESTABLISHMENT.—The Secretary of Agri- Agriculture (referred to in this section as the ranking member of the Committee. culture shall establish the position of Farm- ‘Secretary’) shall annually compile program ap- (3) Two members appointed by the chairman worker Coordinator (in this section referred to plication and participation rate data regarding of the Committee on Agriculture of the House of as the ‘‘Coordinator’’), which shall be located in socially disadvantaged farmers and ranchers by Representatives, in consultation with the rank- the Office of Outreach of the Department of Ag- computing for each program of the Department ing member of the Committee. riculture. of Agriculture that serves agricultural producers (4) A civil rights professional. (b) DUTIES.—The Secretary may delegate to and landowners— (5) A socially disadvantaged farmer or ranch- the Coordinator responsibility for any or all of ‘‘(A) raw numbers of applicants and partici- er. the following: pants by race, ethnicity, and gender, subject to (6) Such other persons or professionals as de- (1) Assisting in administering the program es- appropriate privacy protections, as determined termined by the Secretary to be appropriate. tablished by section 2281 of the Food, Agri- by the Secretary; and SEC. 11210. COORDINATOR FOR CHRONICALLY culture, Conservation, and Trade Act of 1990 (42 ‘‘(B) the application and participation rate, UNDERSERVED RURAL AREAS. U.S.C. 5177a). by race, ethnicity, and gender, as a percentage (a) ESTABLISHMENT.—The Secretary of Agri- (2) Serving as a liaison to community-based of the total participation rate of all agricultural culture shall establish a Coordinator for Chron- non-profit organizations that represent, and producers and landowners. ically Underserved Rural Areas (in this section have demonstrated experience serving, low-in- ‘‘(2) AUTHORITY TO COLLECT DATA.—The referred to as the ‘‘Coordinator’’), to be located come migrant and seasonal farmworkers. heads of the agencies of the Department of Agri- in the Office of Outreach of the Department of (3) Coordinating with the Department of Agri- culture shall collect and transmit to the Sec- Agriculture. culture and State and local governments to as- retary any data, including data on race, gender, (b) MISSION.—The mission of the Coordinator sure that farmworker needs are assessed and and ethnicity, that the Secretary determines to shall be to direct Department of Agriculture re- met during declared disasters and other emer- be necessary to carry out paragraph (1). sources to high need, high poverty rural areas. gencies. ‘‘(3) REPORT.—Using the technologies and sys- (c) DUTIES.—The Coordinator shall consult (4) Consulting with the Office of Small Farm tems of the National Agricultural Statistics with other offices in directing technical assist- Coordination, Office of Outreach, Outreach Co- Service, the Secretary shall compile and present ance, strategic regional planning, at the State ordinators, and other entities to better integrate the data compiled under paragraph (1) for each and local level, for developing rural economic farmworker perspectives, concerns, and interests program described in that paragraph in a man- development that leverages the resources of into the ongoing programs of the Department. ner that includes the raw numbers and partici- State and local governments and non-profit and (5) Consulting with Hispanic-serving institu- pation rates for— community development organizations. tions on research, program improvements, or ag- ‘‘(A) the entire United States; (d) AUTHORIZATION OF APPROPRIATIONS.— ricultural education opportunities that assist ‘‘(B) each State; and There are authorized to be appropriated to the low-income and migrant seasonal farmworkers. ‘‘(C) each county in each State. Secretary such sums as necessary to carry out (5) Assuring that farmworkers have access to ‘‘(4) PUBLIC AVAILABILITY OF REPORT.—The this section for fiscal years 2008 through 2012. Secretary shall maintain and make readily services and support to enter agriculture as pro- Subtitle D—Other Miscellaneous Provisions available to the public, via website and other- ducers. wise in electronic and paper form, the report de- (c) AUTHORIZATION OF APPROPRIATIONS.— SEC. 11301. DESIGNATION OF SEPARATE COTTON- scribed in paragraph (3). There are authorized to be appropriated to the PRODUCING STATES UNDER COTTON RESEARCH AND PROMOTION ACT. ‘‘(d) LIMITATIONS ON USE OF DATA.— Secretary such sums as necessary to carry out ‘‘(1) PRIVACY PROTECTIONS.—In carrying out this section for fiscal years 2008 through 2012. Section 17(f) of the Cotton Research and Pro- this section, the Secretary shall not disclose the SEC. 11208. OFFICE OF OUTREACH RELOCATION. motion Act (7 U.S.C. 2116(f)) is amended by add- names or individual data of any program partic- (a) RELOCATION PROPOSAL.—Not more than 18 ing at the end the following new sentence: ‘‘Not- ipant. months after the date of enactment of the Act, withstanding the preceding sentence, effective ‘‘(2) AUTHORIZED USES.—The data under this the Secretary shall develop a proposal to relo- beginning with the 2008 crop of cotton, the section shall be used exclusively for the pur- cate the Office of Outreach of the Department States of Kansas, Virginia, and Florida shall poses described in subsection (a). of Agriculture. each be deemed to be a separate cotton-pro- ‘‘(3) LIMITATION.—Except as otherwise pro- (b) ADMINISTRATION.—The Office of Outreach ducing State for the purposes of this Act.’’. vided, the data under this section shall not be shall be responsible for the administration of— SEC. 11302. COTTON CLASSIFICATION SERVICES. used for the evaluation of individual applica- (1) the outreach and technical assistance pro- (a) EXTENSION.—The first sentence of section tions for assistance.’’. gram established under section 2501 of the Food, 3a of the Act of March 3, 1927 (commonly known

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as the Cotton Statistics and Estimates Act; 7 ‘‘(c) REGULATIONS.—The Secretary may issue to or transfer from) a member of the United U.S.C. 473a), is amended by striking ‘‘2007’’ and regulations to implement this section.’’. States Armed Forces deployed to a des- inserting ‘‘2012’’. (b) TABLE OF CONTENTS.—The table of con- ignated combat zone for the duration of the (b) ESTABLISHMENT OF OFFICES.—The second tents in section 1(b) of such Act (7 U.S.C. 1501 member’s deployment to or service in a com- sentence of section 3a of the Act of March 3, note) is amended by inserting after the item re- bat zone if the additional pay was not re- 1927, is amended in the proviso— lating to section 419 the following new item: ceived immediately prior to serving in that (1) by striking ‘‘and’’ at the end of clause (6); or another combat zone.’’. (2) by striking the period at the end of clause ‘‘Sec. 420. Regulation of exports of plants, plant SEC. 4006. INCREASING THE STANDARD DEDUC- (7) and inserting ‘‘; and’’; and products, biological control orga- TION. (3) by adding at the end the following new nisms, and noxious weeds.’’. Section (5)(e)(1) of the Food Stamp Act of clause: ‘‘(8) the Secretary may enter into long- 1977 (7 U.S.C. 2014(e)(1)) is amended— term lease agreements that exceed five years or SEC. 11309. GRANTS TO REDUCE PRODUCTION OF METHAMPHETAMINES FROM ANHY- (1) in subparagraph (A)(ii) by striking ‘‘not may take title to property, including through DROUS AMMONIA. less than $134’’ and all that follows through purchase agreements, for the purposes of obtain- (a) GRANT AUTHORITY.—The Secretary of Ag- the period at the end, and inserting the fol- ing offices to be used for the classification of riculture may make a grant to an eligible entity lowing: ‘‘not less than $145, $248, $205, and cotton in accordance with this Act if the Sec- to enable the entity to obtain and add to an an- $128, respectively. On October 1, 2008, and retary determines such action would best effec- hydrous ammonia fertilizer nurse tank a sub- each October 1 thereafter, such standard de- tuate the purposes of this Act.’’. stance which will reduce the amount of meth- duction shall be an amount that is equal to SEC. 11303. AVAILABILITY OF EXCESS AND SUR- amphetamine which can be produced from any the amount from the previous fiscal year ad- PLUS COMPUTERS IN RURAL AREAS. anhydrous ammonia removed from the tank. justed to the nearest lower dollar increment The Secretary of Agriculture may make avail- (b) DEFINITIONS.—In this section: to reflect changes in the Consumer Price able to any city or town located in a rural area (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- Index for All Urban Consumers published by (as defined in section 343(a)(13)(A) of the Con- ty’’ means— the Bureau of Labor Statistics, for items solidated Farm and Rural Development Act) ex- (A) a producer of agricultural commodities; other than food, for the 12 months ending the cess or surplus computers or other technical (B) a cooperative association a majority of the preceding June 30.’’; and equipment of the Department of Agriculture. members of which produce or process agricul- (2) in subparagraph (B)(ii) by striking ‘‘not SEC. 11304. PERMANENT DEBARMENT FROM PAR- tural commodities, and less than $269.’’ and inserting the following: TICIPATION IN DEPARTMENT OF AG- (C) a person in the trade or business of— ‘‘not less than $291. On October 1, 2008, and RICULTURE PROGRAMS FOR FRAUD. (i) selling an agricultural product, including each October 1 thereafter, such standard de- The Secretary of Agriculture is hereby granted an agricultural chemical, at retail, predomi- duction shall be an amount that is equal to the authority to permanently debar an indi- nantly to farmers and ranchers; or the amount of the previous fiscal year ad- vidual, organization, corporation, or other enti- (ii) aerial and ground application of an agri- justed to the nearest dollar increment to re- ty convicted of knowingly defrauding the cultural chemical. flect changes in the Consumer Price Index United States in connection with any program (2) NURSE TANK.—The term ‘‘nurse tank’’ for All Urban Consumers published by the administered by the Department of Agriculture shall have the meaning set forth in section Bureau of Labor Statistics, for items other from any subsequent participation in Depart- 173.315(m) of title 49, Code of Federal Regula- than food, for the 12 months ending the pre- ment of Agriculture programs. tions, as in effect as of the date of the enact- ceding June 30.’’. SEC. 11305. NO DISCRIMINATION AGAINST USE OF ment of this Act. SEC. 4007. EXCLUDING DEPENDENT CARE EX- REGISTERED PESTICIDE PRODUCTS (c) GRANT AMOUNT.—The amount of a grant PENSES. OR CLASSES OF PESTICIDE PROD- UCTS. made under this section to an entity shall be not Section (5)(e)(3)(A) of the Food Stamp Act In establishing priorities and evaluation cri- less than $40 and not more than $60, multiplied of 1977 (7 U.S.C. 2014(e)(3)(A)) is amended by teria for the approval of plans, contracts, and by the number of fertilizer nurse tanks of the striking ‘‘, the maximum allowable level of agreements under title II, the Secretary of Agri- entity. which shall be $200 per month for each de- culture shall not discriminate against the use of (d) LIMITATIONS ON AUTHORIZATION OF AP- pendent child under 2 years of age and $175 specific registered pesticide products or classes PROPRIATIONS.—For grants under this section, per month for each other dependent,’’. of pesticide products. there are authorized to be appropriated to the SEC. 4008. ADJUSTING COUNTABLE RESOURCES Secretary a total of not more than $15,000,000 FOR INFLATION. SEC. 11306. PROHIBITION ON CLOSURE OR RELO- CATION OF COUNTY OFFICES FOR for fiscal years 2008 through 2012. Section (5)(g) of the Food Stamp Act of THE FARM SERVICE AGENCY, RURAL SEC. 11310. USDA GRADUATE SCHOOL. 1977 (7 U.S.C. 2014(g)) is amended— DEVELOPMENT AGENCY, AND NAT- (a) Section 921 of the Federal Agriculture Im- (1) by striking ‘‘(g)(1) The Secretary’’ and URAL RESOURCES CONSERVATION provement and Reform Act of 1996 (7 U.S.C. inserting the following: SERVICE. 2279b) is amended by striking subsections (a) ‘‘(g) ALLOWABLE FINANCIAL RESOURCES.— Until the date that is one year after the date through (k) and inserting the following: ‘‘The ‘‘(1) TOTAL AMOUNT.— of the enactment of this Act, the Secretary of Department of Agriculture shall not establish, ‘‘(A) IN GENERAL.—The Secretary’’. Agriculture may not close or relocate a county maintain, or otherwise operate a non- (2) in subparagraph (A) (as so designated by or field office of the Farm Service Agency, Rural appropriated fund instrumentality of the United paragraph (1))— Development Agency, or Natural Resources Con- States to develop, administer, or provide edu- (A) by inserting ‘‘(as adjusted in accord- servation Service of the Department of Agri- cational training and professional development ance with subparagraph (B))’’ after ‘‘$2,000’’; culture. activities, including educational activities for and SEC. 11308. REGULATION OF EXPORTS OF Federal agencies, Federal employees, nonprofit (B) by inserting ‘‘(as adjusted in accord- PLANTS, PLANT PRODUCTS, BIO- organizations, other entities, and members of ance with subparagraph (B))’’ after ‘‘$3,000’’; LOGICAL CONTROL ORGANISMS, AND and NOXIOUS WEEDS. the general public.’’. (b) EFFECTIVE DATE.—The amendment made (3) by adding at the end the following: (a) IN GENERAL.—Subtitle A of title IV of the ‘‘(B) ADJUSTMENT FOR INFLATION.— Agricultural Risk Protection Act of 2000 (7 in subsection (a) apply beginning October 1, 2008. ‘‘(i) IN GENERAL.—Beginning on October 1, U.S.C. 7701 et seq. is amended by adding at the 2007, and each October 1 thereafter, the end the following new section: The text of the adopted amendments amounts in subparagraph (A) shall be ad- ‘‘SEC. 420. REGULATION OF EXPORTS OF PLANTS, is as follows: justed to the nearest $100 increment to re- PLANT PRODUCTS, BIOLOGICAL AMENDMENT TO H.R. 2419, AS REPORTED flect changes for the 12-month period ending CONTROL ORGANISMS, AND NOX- IOUS WEEDS. OFFERED BY MR. PETERSON OF MINNESOTA the preceding June in the Consumer Price Index for All Urban Consumers published by ‘‘(a) IN GENERAL.—The Secretary may regu- (Consisting of Amendments to Titles IV and the Bureau of Labor Statistics of the Depart- late plants, plant products, biological control or- IX of the Reported Bill) ment of Labor. ganisms, and noxious weeds for export purposes. [NUTRITION TITLE] ‘‘(b) DUTIES.—The Secretary shall— ‘‘(ii) REQUIREMENT.—Each adjustment ‘‘(1) coordinate fruit and vegetable market After section 4004 of the bill, insert the fol- under clause (i) shall be based on the analyses with the private sector and the Admin- lowing (and make such technical and con- unrounded amount for the prior 12-month pe- istrator of Foreign Agricultural Service; and forming changes as may be appropriate): riod.’’. ‘‘(2) make publicly available on an Internet SEC. 4005. EXCLUDING COMBAT RELATED PAY SEC. 4009. EXCLUDING EDUCATION ACCOUNTS website— FROM COUNTABLE INCOME. FROM COUNTABLE INCOME. ‘‘(A) the status of all export petitions; Section (5)(d) of the Food Stamp Act of Section (5)(g) of the Food Stamp Act of ‘‘(B) to the greatest extent possible, an expla- 1977 (7 U.S.C. 2014(d)) is amended— 1977 (7 U.S.C. 2014(g)) is amended by adding nation of the sanitary or phytosanitary issues (1) by striking ‘‘and (18)’’, and inserting at the end the following: associated with teach pending export petition; ‘‘(18)’’, and ‘‘(7) EXCLUSION OF EDUCATION ACCOUNTS and (2) by inserting before the period at the end FROM COUNTABLE RESOURCES.— ‘‘(C) to the greatest extent possible, informa- the following: ‘‘and (19) any additional pay- ‘‘(A) MANDATORY EXCLUSIONS.—The Sec- tion on the import requirements of foreign coun- ment received under Chapter 5 of title 37, retary shall exclude from financial resources tries for fruits and vegetables. United States Code, by (or as an allotment under this subsection the value of any funds

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in a qualified tuition program described in ‘‘(A) IN GENERAL.—Of the funds of the Com- ‘‘(j) FUNDING.— section 529 of the Internal Revenue Code of modity Credit Corporation, the Secretary ‘‘(1) IN GENERAL.—Of the funds of the Com- 1986 or in a Coverdell education savings ac- shall use $2,000,000 for each of fiscal years modity Credit Corporation, the Secretary of count under section 530 of that Code. 2008 through 2012 for bio-product testing and Agriculture shall make available to carry ‘‘(B) DISCRETIONARY EXCLUSIONS.—The Sec- support ongoing operations of the Designa- out this section— retary may also exclude from financial re- tion Program, the Voluntary Labeling Pro- ‘‘(A) $35,000,000 for fiscal year 2008; sources under this subsection the value of gram, procurement program models, pro- ‘‘(B) $60,000,000 for fiscal year 2009; any program or account included in any suc- curement research, promotion, education, ‘‘(C) $75,000,000 for fiscal year 2010; cessor or similar provision that is enacted and awareness of the BioPreferred Pro- ‘‘(D) $100,000,000 for fiscal year 2011; and and determined to be exempt from taxation gram.’’. ‘‘(E) $150,000,000 for fiscal year 2012. under the Internal Revenue Code of 1986.’’. Section 9003(3) of the bill is amended by ‘‘(2) ADDITIONAL FUNDING.—In addition to SEC. 4010. EXCLUDING RETIREMENT ACCOUNTS striking ‘‘subsections (d) through (h) as sub- amounts transferred under paragraph (1), FROM COUNTABLE INCOME. sections (e) through (i), respectively’’ and in- there are authorized to be appropriated to Section (5)(g) of the of the Food Stamp Act serting ‘‘subsection (h) as subsection (j) and carry out this section $200,000,000 for each of of 1977 (7 U.S.C. 2014(g)), as amended by sec- subsections (d) through (g) as subsections (e) fiscal years 2006 through 2015.’’. tion 4009, is amended— through (h), respectively,’’. At the end of title IX of the bill, add the (1) in subsection (g)(2)(B)(v) by striking ‘‘or Section 9003 of the bill is amended by following new sections: retirement account (including an individual striking paragraph (5) and adding at the end SEC. 9018. BIODIESEL FUEL EDUCATION PRO- account)’’ and inserting ‘‘account’’; and the following new paragraphs: GRAM. (2) adding at the end the following: (5) by inserting after subsection (h) the fol- Section 9004(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. ‘‘(8) EXCLUSION OF RETIREMENT ACCOUNTS lowing new subsection: ‘‘(i) CONDITION OF PROVISION OF ASSIST- 8104(d)) is amended to read as follows: FROM COUNTABLE RESOURCES.— ANCE.—As a condition of receiving a grant or ‘‘(d) FUNDING.—Of the funds of the Com- ‘‘(A) MANDATORY EXCLUSIONS.—The Sec- loan guarantee under this section, the eligi- modity Credit Corporation, the Secretary retary shall exclude from financial resources ble entity shall ensure that all laborers and shall make available to carry out this sec- under this subsection the value of any funds mechanics employed by contractors or sub- tion $2,000,000 for each of fiscal years 2008 in a plan, contract, or account as described contractors in the performance of construc- through 2012.’’. in section 401(a), 403(a), 403(b), 408, 408A, tion work financed in whole or in part with SEC. 9019. BIOMASS ENERGY RESERVE. 457(b), or 501(c)(18) of the Internal Revenue the grant or loan guarantee, as the case may Title IX of the Farm Security and Rural Code of 1986 and the value of funds in a Fed- be, shall be paid wages at rates not less than Investment Act of 2002 (7 U.S.C. 8101 et seq.) eral Thrift Savings Plan account as provided those prevailing on similar construction in is amended by adding at the end the fol- section 8439 of title 5, United States Code. the locality, as determined by the Secretary lowing new section: ‘‘(B) DISCRETIONARY EXCLUSIONS.— of Labor in accordance with section 3141 ‘‘SEC. 9017. BIOMASS ENERGY RESERVE. ‘‘(i) The Secretary may exclude from finan- through 3144, 3146, and 3147 of title 40, United ‘‘(a) PURPOSE.—The purpose of this section cial resources under this subsection any States Code. The Secretary of Labor shall is to establish a biomass energy reserve— other retirement plans, contracts, or ac- have, with respect to such labor standards, ‘‘(1) to encourage production of dedicated counts that have been determined to be tax the authority and functions set forth in Re- energy crops in a sustainable manner that qualified retirement plans, contracts, or ac- organization Plan Numbered 14 of 1950 (15 F. protects the soil, air, water, and wildlife of counts, under the Internal Revenue Code of R. 3176; 64 Stat. 1267) and section 3145 of such the United States; and 1986. title.’’; ‘‘(2) to provide financial and technical as- ‘‘(ii) The Secretary may also exclude from (6) in subsection (j) (as so redesignated), by sistance to owners and operators of eligible financial resources under this subsection the striking ‘‘2007’’ and inserting ‘‘2012’’; and cropland to produce dedicated energy crops value of any program or account included in (7) by adding at the end the following new and crop mixes of suitable quality and in suf- any successor or similar provision that is en- subsection: ficient quantities to support and induce de- acted and determined to be exempt from tax- ‘‘(k) ADDITIONAL FUNDING FOR LOAN GUAR- velopment and expansion of the use of the ation under the Internal Revenue Code of ANTEES.—Of the funds of the Commodity crop for— 1986.’’. Credit Corporation, the Secretary shall use ‘‘(A) bioenergy; After section 4006 of the bill, insert the fol- to carry out this section— ‘‘(B) power or heat generation to supple- lowing (and make such technical and con- ‘‘(1) $75,000,000 for fiscal year 2008; ment or replace nonbiobased energy sources; forming changes as may be appropriate): ‘‘(2) $100,000,000 for fiscal year 2009; or SEC. 4014. INCREASING THE MINIMUM BENEFIT. ‘‘(3) $125,000,000 for fiscal year 2010; ‘‘(C) biobased products to supplement or Section 8(a) of the Food Stamp Act of 1977 ‘‘(4) $200,000,000 for fiscal year 2011; and replace non biobased products; (7 U.S.C. 2017(a)) is amended by striking ‘‘$10 ‘‘(5) $300,000,000 for fiscal year 2012.’’. ‘‘(3) to establish biomass energy reserve per month’’ and inserting ‘‘10 percent of the Section 9005(5) of the bill is amended by project areas; and thrifty food plan for a household containing striking ‘‘redesignating subsections (e) and ‘‘(4) to provide financial and technical as- 1 member, as determined by the Secretary (f) as subsections (g) and (h), respectively’’ sistance to owners and operators for har- and inserting ‘‘redesignating subsection (e) under section 3(o)’’. vesting, storing, and transporting cellulosic as subsection (g) and striking subsection Strike section 4021 of the bill, insert the material. following (and make such technical and con- (f)’’. ‘‘(b) DEFINITIONS.— In this section: Section 9005 of the bill is amended by add- forming changes as may be appropriate): ‘‘(1) BEGINNING FARMER OR RANCHER.—The ing at the end the following new paragraph: SEC. 4028. EMERGENCY FOOD ASSISTANCE PRO- term ‘beginning farmer or rancher’ has the (7) by adding at the end the following new GRAM. meaning given the term in section 343(a) of subsection: Section 27(a) of the Food Stamp Act of 1977 the Consolidated Farm and Rural Develop- (7 U.S.C. 2036(a)) is amended by— ‘‘(h) FUNDING.—Of the funds of the Com- modity Credit Corporation, the Secretary of ment Act (7 U.S.C. 1991(a)). (1) by striking ‘‘(a) PURCHASE OF COMMOD- ‘‘(2) BER.—The term ‘BER’ means the bio- ITIES’’ and all that follows through 2007’ and Agriculture shall make available to carry out this section— mass energy reserve established under this inserting the following: section. ‘‘(a) PURCHASE OF COMMODITIES.— ‘‘(1) $50,000,000 for fiscal year 2008; ‘‘(2) $75,000,000 for fiscal year 2009; ‘‘(3) BER PROJECT AREA.—The term ‘BER ‘‘(1) IN GENERAL.—As provided in paragraph project area’ means an area that— (2), for each of the fiscal years 2008 through ‘‘(3) $100,000,000 for fiscal year 2010; ‘‘(4) $125,000,000 for fiscal year 2011; and ‘‘(A) has eligible cropland that— 2012’’; ‘‘(i) is owned or operated by eligible par- (2) by striking ‘‘$140,000,000 of’’; and ‘‘(5) $150,000,000 for fiscal year 2012.’’. Section 9007 of the bill is amended by add- ticipants; and (3) by adding at the end the following: ‘‘(ii) has specified boundaries that are sub- ‘‘(2) AMOUNTS.—The following amounts are ing at the end the following new paragraph: (3) by striking subsection (c) and inserting mitted to the Secretary by eligible partici- made available to carry out this subsection: pants and subsequently approved by the Sec- ‘‘(A) for fiscal year 2008, $250,000,000; and the following: ‘‘(c) FUNDING.—Of the funds of the Com- retary; and ‘‘(B) for each of the fiscal years 2009 modity Credit Corporation, the Secretary of ‘‘(B) is physically located within a 50-mile through 2012, the dollar amount of commod- Agriculture shall use to carry out this sec- radius of a bioenergy facility. ities specified in subparagraph (A) adjusted tion— ‘‘(4) CONSERVATION RESERVE PROGRAM.—The by the percentage by which the thrifty food ‘‘(1) $225,000,000 for fiscal year 2008; term ‘conservation reserve program’ means plan has been adjusted under section 3(o)(4) ‘‘(2) $250,000,000 for fiscal year 2009; the conservation reserve program estab- between June 30, 2007 and June 30 of the im- ‘‘(3) $275,000,000 for fiscal year 2010; lished under subchapter B of chapter 1 of mediately preceding fiscal year.’’. ‘‘(4) $300,000,000 for fiscal year 2011; and subtitle D of title XII of the Food Security [ENERGY TITLE] ‘‘(5) $350,000,000 for fiscal year 2012.’’. Act of 1985 (16 U.S.C. 3831 et seq.). Section 9002 of the bill is amended by add- Section 9008(j) of the Farm Security and ‘‘(5) CONTRACT ACREAGE.—The term ‘con- ing at the end the following new paragraph: Rural Investment Act of 2002, as added by tract acreage’ means eligible cropland that (3) by striking subsection (k)(2)(A) and in- section 9006 of the bill, is amended to read as is covered by a BER contract entered into serting the following: follows: with the Secretary.

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‘‘(6) ELIGIBLE APPLICANT.—The term ‘eligi- ations on a farm during the applicable crop sufficient quantity of biomass from eligible ble applicant’ means— year. dedicated energy crops and acres or other ‘‘(A) a collective group of owners and oper- ‘‘(14) OWNER.— sources to supply an existing bioenergy facil- ators producing or proposing to produce eli- ‘‘(A) IN GENERAL.—The term ‘owner’ means ity. gible dedicated energy crops; a person that has legal ownership of eligible ‘‘(3) MINIMUM REQUIREMENTS.—The written ‘‘(B) an energy or agricultural company or cropland. proposal for a proposed BER project area refinery; and ‘‘(B) INCLUSION.—The term ‘owner’ in- shall include— ‘‘(C) an Agricultural Innovation Center es- cludes— ‘‘(A) a description of the eligible cropland tablished pursuant to section 6402 of the ‘‘(i) a person that is buying eligible crop- of each eligible participant that will partici- Farm Security and Rural Investment Act of land under a contract for deed; and pate in the proposed BER project area, in- 2002 (Public Law 107–171; 116 Stat. 426; 7 ‘‘(ii) a person that has a life estate in eligi- cluding— U.S.C. 1621 note). ble cropland. ‘‘(i) the quantity of eligible cropland of ‘‘(7) ELIGIBLE CROPLAND.— ‘‘(15) QUALIFIED ORGANIZATION.—The term each eligible participant; ‘‘(A) IN GENERAL.—The term ‘eligible crop- ‘qualified organization’ means— ‘‘(ii) the physical location of the eligible land’ means land that the applicable county ‘‘(A) an Agricultural Innovation Center es- cropland; committee of the Farm Service Agency de- tablished pursuant to section 6402 of the ‘‘(iii) the 1 or more eligible dedicated en- termines— Farm Security and Rural Investment Act of ergy crops that will be produced on the eligi- ‘‘(i) is currently being tilled for the produc- 2002 (Public Law 107-171; 116 Stat. 426; 7 ble cropland; and U.S.C. 1621 note) with significant experience ‘‘(iv) the type of land use or crop that will tion of a crop for harvest; or in the field of renewable energy, as deter- be displaced by the eligible dedicated energy ‘‘(ii) is not currently being tilled but has mined by the Secretary; or crop; been tilled in a prior crop year and is suit- ‘‘(B) in a region not served by a center re- ‘‘(B)(i) the name, if available, and type, lo- able for production of an eligible dedicated ferred to in subparagraph (A)— cation, and description of the bioenergy fa- energy crop. ‘‘(i) an entity with significant experience cility that will use the eligible dedicated en- ‘‘(B) EXCLUSIONS.—The term ‘eligible crop- in the field of renewable energy that is geo- ergy crops to be produced in the proposed land’ does not include— graphically located in such region, as deter- BER project area; and ‘‘(i) Federally-owned land; mined by the Secretary; or ‘‘(ii) a letter of commitment from a bio- ‘‘(ii) land enrolled in— ‘‘(ii) an accredited college or university energy facility that the facility will use the ‘‘(I) the conservation reserve program; with experience providing technical assist- eligible dedicated energy crops intended to ‘‘(II) the grassland reserve program; or ance in the field of renewable energy that is be produced in the proposed BER project ‘‘(III) the wetlands reserve program; and geographically located in such region, as de- area; ‘‘(iii) land with greater than 50 percent termined by the Secretary. ‘‘(C) a general analysis of the anticipated cover of native nonwoody vegetation or for- ‘‘(16) SECRETARY.—The term ‘Secretary’ local economic impact of the proposed BER est land, as of the date of enactment of this means the Secretary of Agriculture. project; and section. ‘‘(17) SOCIALLY DISADVANTAGED FARMER OR ‘‘(D) any additional information needed to ‘‘(8) ELIGIBLE DEDICATED ENERGY CROP.— RANCHER.—The term ‘socially disadvantaged determine the eligibility for, and ranking of, ‘‘(A) IN GENERAL.—The term ‘eligible dedi- farmer or rancher’ means a farmer or ranch- the proposal, as determined by the Sec- cated energy crop’ means any crop native to er who is a member of a socially disadvan- retary. the United States, or another crop, as deter- taged group (as defined in section 355(e) of ‘‘(4) INDIVIDUAL OWNERS AND OPERATORS.—A mined by the Secretary, grown specifically the Consolidated Farm and Rural Develop- project area proposal may not submit an in- to provide raw materials for— ment Act (7 U.S.C. 2003(e))). dividual proposal to participate in the BER. ‘‘(i) conversion to liquid transportation ‘‘(18) WETLANDS RESERVE PROGRAM.—The ‘‘(5) ELIGIBILITY CRITERIA FOR BER PROJECT fuels or chemicals through biochemical or term ‘wetlands reserve program’ means the AREAS.—The Secretary shall establish a sys- thermochemical processes; or wetlands reserve program established under tem for ranking BER project areas based on ‘‘(ii) energy generation through combus- subchapter C of chapter 1 of subtitle D of the following criteria: tion, pyrolysis, gasification, cofiring, or title XII of the Food Security Act of 1985 (16 ‘‘(A) The probability that the eligible dedi- other technologies, as determined by the U.S.C. 3837 et seq.). cated energy crops proposed to be produced Secretary. ‘‘(c) ESTABLISHMENT.— Not later than 90 in the proposed BER project area will be ‘‘(B) EXCLUSIONS.—The term ‘eligible dedi- days after the date of enactment of this sec- used for the purposes of the BER. cated energy crop’ does not include— tion, the Secretary shall establish a biomass ‘‘(B) The inclusion of adequate potential ‘‘(i) any crop that is eligible for payments energy reserve in accordance with this sec- feedstocks and suitable placement with re- under title I or a successor title; or tion. The Secretary shall ensure the pur- spect to the bioenergy facility. ‘‘(ii) any plant that is invasive or noxious poses in subsection (a) are met by including ‘‘(C) The potential for a positive economic or has the potential to become invasive or in the reserve projects that include a variety impact in the proposed BER project area. noxious, as determined by the Secretary, in of harvest and post-harvest practices, includ- ‘‘(D) The availability of the ownership of consultation with other appropriate Federal ing stubble height, unharvested strips (in- the bioenergy facility in the proposed BER or State departments and agencies. cluding strips for wildlife habitat), and vary- project area to producers and local investors. ‘‘(9) ELIGIBLE PARTICIPANT.—The term ‘eli- ing harvest dates and a variety of ‘‘(E) The participation rate by beginning gible participant’ means an owner or oper- monoculture and polyculture crop mixes, as farmers or ranchers or socially disadvan- ator of contract acreage that is physically appropriate, by project area. taged farmers or ranchers. located within a BER project area . ‘‘(d) PROPOSALS FOR BER PROJECT AREAS.— ‘‘(F) The potential to improve soil con- ‘‘(10) FEDERALLY-OWNED LAND.—The term ‘‘(1) SELECTION OF QUALIFIED ORGANIZA- servation and water quality, and enhance ‘Federally-owned land’ means land owned TIONS.— wildlife habitat, when compared to existing by— ‘‘(A) IN GENERAL.—The Secretary shall se- land uses. ‘‘(A) the Federal Government (including lect not more than 10 qualified organizations ‘‘(G) The variety of agronomic conditions any department, instrumentality, bureau, or to assist— the proposed eligible dedicated energy crops agency of the Federal Government); or ‘‘(i) eligible applicants in submitting pro- will be grown within a project area. ‘‘(B) any corporation whose stock is wholly posals under paragraph (2); and ‘‘(H) The variety of harvest and post har- owned by the Federal Government. ‘‘(ii) the Secretary in selecting BER vest practices, including stubble height, ‘‘(11) FOREST LAND.—The term ‘forest land’ project areas. unharvested strips (including strips for wild- means an ecosystem that is at least 1 acre in ‘‘(B) REGION.—The Secretary shall select life habitat), and varying harvest dates. size (including timberland and woodland) not more than 1 qualified organization to as- ‘‘(I) The variety of monoculture and and that (as determined by the Secretary)— sist eligible applicants and the Secretary in polyculture crop mixes, as appropriate, by ‘‘(A) is characterized by dense and exten- any particular region of the United States, project area. sive tree cover; as determined by the Secretary. ‘‘(6) SELECTION OF PROJECTS.— ‘‘(B) contains, or once contained, at least ‘‘(C) FUNDING.—The Secretary shall provide ‘‘(A) RANKING; SUBMISSION TO SECRETARY.— 10 percent tree crown cover; and each qualified organization selected under Each qualified organization selected by the ‘‘(C) is not developed and planned for ex- paragraph (1) not more than $300,000 to carry Secretary under paragraph (1) shall rank clusive nonforest resource use. out this paragraph. proposals submitted to such qualified organi- ‘‘(12) GRASSLAND RESERVE PROGRAM.—The ‘‘(2) CONSULTATION WITH QUALIFIED ORGANI- zation under paragraph (2) using the system term ‘grassland reserve program’ means the ZATION.—An eligible applicant may consult for ranking established by the Secretary grassland reserve program established under with and submit to a qualified organization under paragraph (6) and shall submit to the subchapter C of chapter 2 of subtitle D of a written proposal that— Secretary up to five of the highest ranked title XII of the Food Security Act of 1985 (16 ‘‘(A) identifies the eligible cropland that applications. U.S.C. 3838n et seq.). will be a part of the proposed BER project ‘‘(B) SECRETARY SELECTION.—The Secretary ‘‘(13) OPERATOR.—The term ‘operator’ area; and shall authorize not less than one proposal means an individual, entity, or joint oper- ‘‘(B) indicates a strong likelihood that the submitted to the Secretary from each quali- ation that is in control of the farming oper- proposed BER project area will generate a fied organization under subparagraph (A).

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‘‘(e) FOREST BIOMASS PLANNING GRANTS.— mid-contract management and forestry ‘‘(1) IN GENERAL.—Owners and operators of ‘‘(1) IN GENERAL.—The Secretary shall pro- maintenance activities; and a farm entering into a contract with the Sec- vide forest biomass planning assistance ‘‘(C) in a manner that ensures that biomass retary under this section shall agree to make grants to private landowners to develop for- harvest activities occur outside the official available to the Secretary, or to an institu- est stewardship plans that involve sustain- nesting and brood rearing season for those tion of higher education or other entity des- able management of biomass from forest plans. ignated by the Secretary, such information land of the private landowners that will pre- ‘‘(i) DUTIES OF SECRETARY.—The Secretary as the Secretary considers to be appropriate serve diversity, soil, water, or wildlife values shall— to promote the production of bioenergy crops of the land, while ensuring a steady supply of ‘‘(1) establish and administer the BER; and the development of biorefinery tech- biomass material, through— ‘‘(2) authorize establishment of BER nology; and ‘‘(A) State forestry agencies, in consulta- project areas for the purposes of the BER de- ‘‘(2) BEST PRACTICES DATABASE.—Subject to tion with State wildlife agencies; and scribed in subsection (a); section 1770 of the Food Security Act of 1985 ‘‘(B) technical service provider arrange- ‘‘(3) develop procedures— (7 U.S.C. 2276), the Secretary shall make ments with third-parties. ‘‘(A) to monitor the compliance of eligible available to the public in a database format ‘‘(2) LIMITATION.—The total amount of participants that have land enrolled in the the best practices information developed by funds used to carry out this subsection shall BER with the requirements of the BER; the Secretary in providing bioenergy assist- not exceed $5,000,000. ‘‘(B) to measure the performance of the ance under this section. ‘‘(f) DURATION OF CONTRACT.— BER; and ‘‘(m) PAYMENTS FOR COLLECTING, HAR- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(C) to demonstrate whether the long-term VESTING, STORING, AND TRANSPORTING BIO- for purposes of carrying out the BER, the eligible dedicated energy crop production MASS PRODUCED ON BER CONTRACT ACREAGE, Secretary shall enter into contracts of 5 goals are being achieved. AGRICULTURAL WASTE BIOMASS, AND years. ‘‘(4) enter into a written contract with SUSTAINABLY-HARVESTED AGRICULTURAL AND ‘‘(2) EARLY TERMINATION.—The Secretary each eligible participant that elects to par- FOREST RESIDUES.— may terminate a contract early if the Sec- ticipate in the BER in a BER project area; ‘‘(1) IN GENERAL.—Subject to paragraph (2), retary determines that— ‘‘(5) not enter into a contract under the the Secretary may provide matching pay- ‘‘(A) contract acreage will not be used to BER with an individual owner or operator ments at a rate of $1 for every $1 per ton pro- produce an eligible dedicated energy crop; unless the land of the eligible participant is vided by the bioenergy facility, in an amount ‘‘(B) a material breach of the contract has physically located in an approved BER equal to not more than $45 per ton for a pe- occurred; project area; and riod of two years— ‘‘(C) the owner or operator has died; or ‘‘(6) provide all payments under the con- ‘‘(A) to eligible participants for biomass ‘‘(D) continuation of the contract will tract directly to the eligible participant. produced on BER contract acreage in ex- cause undue economic hardship. change for a reduction of the annual pay- ‘‘(g) CONTRACT ACREAGE REQUIREMENTS.— ‘‘(j) CONTRACTS.—A contract entered into ment issued under subsection (k)(3), as deter- ‘‘(1) IN GENERAL.—On approval of a BER between the Secretary and an eligible partic- project area by the Secretary, each eligible ipant under the BER shall include, at a min- mined by the Secretary; participant in the BER project area shall imum, terms that cover— ‘‘(B) to any producer of agricultural waste enter into a contract with the Secretary ‘‘(1) requirements for the eligible partici- biomass or sustainably-harvested agricul- that is consistent with the BER. pant in carrying out the contract, including tural and forest residues in the United States for the agricultural waste or residue; ‘‘(2) ADDITIONAL ELIGIBLE PARTICIPANTS.— requirements described in subsections (f), The Secretary may add eligible participants (g), and (l); and to a BER project area after approval of the ‘‘(2) termination provisions; ‘‘(C) for residue collected as a result of the BER project area. ‘‘(3) payment terms and amounts to be pro- removal of noxious and invasive species, in accordance with methods approved by the ‘‘(3) CONSERVATION PRACTICES.—To ensure vided on an annual basis; the sustainability of farm operations and the ‘‘(4) the sales or transfer of contract acre- Secretary. protection of soil, air, water and wildlife, the age; ‘‘(2) FOREST LAND OWNER ELIGIBILITY.— Secretary shall include such terms and con- ‘‘(5) the modification of the contract; Owners of forest land shall be eligible to re- ditions in a contract entered into under ‘‘(6) the maximum quantity of contract ceive payments under this subsection only if paragraph (1) as the Secretary considers nec- acreage and an estimated schedule for how such owners are acting pursuant to a forest essary. much eligible cropland will be enrolled each stewardship plan. ‘‘(n) FUNDING.—Of the funds of the Com- ‘‘(4) PURPOSES.— contract year; and modity Credit Corporation, the Secretary ‘‘(A) IN GENERAL.—Except as provided in ‘‘(7) any additional terms the Secretary subparagraph (B), to be eligible to partici- considers appropriate. shall use to carry out this section such sums pate in the BER, an eligible participant may ‘‘(k) PAYMENTS.— as are necessary for each of fiscal years 2008 use eligible dedicated energy crops produced ‘‘(1) IN GENERAL.—The Secretary shall pro- through 2012.’’. on contract acreage only for the purposes de- vide payments directly to eligible partici- SEC. 9020. FOREST BIOMASS FOR ENERGY. scribed in subsection (a). pants who enter into contracts described in Title IX of the Farm Security and Rural ‘‘(B) PERSONAL USE.—During the period be- subsection (j) in accordance with such sub- Investment Act of 2002 (7 U.S.C. 8101 et seq.) fore the commercial viability of a bioenergy section. is further amended by adding at the end the facility, an eligible participant may use eli- ‘‘(2) ESTABLISHMENT PAYMENTS.— following new section: gible dedicated energy crops produced by the ‘‘(A) IN GENERAL.—The Secretary shall pro- ‘‘SEC. 9018. FOREST BIOMASS FOR ENERGY. eligible participant on contract acreage for vide to an eligible participant who enters ‘‘(a) IN GENERAL.—The Secretary of Agri- personal use. into a BER contract an establishment pay- culture, through the Forest Service, shall ‘‘(C) SEED PRODUCTION.—During the period ment in an amount equal to the costs of es- conduct a competitive research and develop- before the commercial viability of a bio- tablishing an eligible dedicated energy crop ment program to encourage use of forest bio- energy facility, an eligible participant may on the contract acreage covered by the con- mass for energy. harvest and sell seed produced on contract tract. ‘‘(b) ELIGIBLE ENTITIES.—Entities eligible acreage. ‘‘(B) ELIGIBLE ESTABLISHMENT PAYMENTS.— to compete under this program include the ‘‘(5) REQUIREMENTS.—To be eligible to par- The costs for which an eligible owner may Forest Service (through Research and Devel- ticipate in the BER, during the term of the receive an establishment payment under this opment), other Federal agencies, State and BER contract, an eligible participant shall paragraph include— local governments, federally recognized In- comply with— ‘‘(i) the cost of seeds and stock; and dian tribes, land grant colleges and univer- ‘‘(A) the highly erodible land conservation ‘‘(ii) the cost of planting the crop. sities, and private entities. requirements of subtitle B of title XII of the ‘‘(3) RENTAL PAYMENTS.— ‘‘(c) PRIORITY FOR PROJECT SELECTION.— Food Security Act of 1985 (16 U.S.C. 3811 et ‘‘(A) IN GENERAL.—The Secretary shall The Secretary shall give priority to projects seq.); and make annual rental payments to an eligible that— ‘‘(B) the wetland conservation require- participant who enters into a BER contract. ‘‘(1) develop technology and techniques to ments of subtitle C of title XII of that Act ‘‘(B) PERIOD.—An eligible participant shall use low value forest biomass, such as byprod- (16 U.S.C. 3821 et seq.). receive rental payments for a period of not ucts of forest health treatments and haz- ‘‘(h) ADDITIONAL ELIGIBLE BIOMASS.— more than 5 years after entering into a BER ardous fuels reduction, for the production of ‘‘(1) IN GENERAL.—The Secretary may allow contract with the Secretary on contract energy; on land that is enrolled in the conservation acreage. ‘‘(2) develop processes that integrate pro- reserve program and located within the BER ‘‘(C) REDUCTION.—The Secretary shall re- duction of energy from forest biomass into project area the harvesting of biomass— duce rental payments under (A) by an biorefineries or other existing manufac- ‘‘(A) in exchange for a reduction of an ap- amount determined to be appropriate by the turing streams; plicable annual payment in an amount to be Secretary, if an eligible dedicated energy ‘‘(3) develop new transportation fuels from determined by the Secretary; crop is harvested in accordance with sub- forest biomass; and ‘‘(B) in accordance with an approved con- section (g)(4). ‘‘(4) improve the growth and yield of trees servation reserve program plan, including ‘‘(l) INFORMATION SHARING.— intended for renewable energy production.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00204 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.118 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9041

‘‘(d) FUNDING.—Of the funds of the Com- made after the date of the enactment of this ‘‘(A) IN GENERAL.—An importer is entitled modity Credit Corporation, the Secretary Act. to a refund of any assessment paid under this shall make available to carry out this sec- At the end of title XI, add the following subsection on imported dairy products im- tion $15,000,000 for each of fiscal years 2008 new section: ported under a contract entered into prior to through 2012.’’. SEC. 1331l. PREVENTION AND INVESTIGATION July 26, 2007. At the end of the bill, add the following: OF PAYMENT AND FRAUD AND ‘‘(B) EXPIRATION.—Refunds under para- TITLE XII—PREVENTION OF TAX TREATY ERROR. graph (A) shall expire one year after the date EXPLOITATION TO EVADE UNITED Section 1113(k) of the Right to Financial of the enactment of the Farm, Nutrition, and STATES TAXATION Privacy Act of 1978 (12 U.S.C. 3413(k)) is Bioenergy Act of 2007.’’. SEC. 12001. LIMITATION ON TREATY BENEFITS amended to read as follows: Page 116, line 25, strike ‘‘16’’ and insert FOR CERTAIN DEDUCTIBLE PAY- ‘‘(k) DISCLOSURE NECESSARY FOR PROPER ‘‘18’’. MENTS. ADMINISTRATION OF PROGRAMS OF CERTAIN Page 117, line 19, strike ‘‘(2)(E)’’ and insert (a) IN GENERAL.—Section 894 of the Inter- GOVERNMENT AUTHORITIES.— ‘‘(2)(C)’’. nal Revenue Code of 1986 (relating to income ‘‘(1) DISCLOSURE TO GOVERNMENT AUTHORI- Page 117, line 24, strike ‘‘institution’’ and affected by treaty) is amended by adding at TIES.—Nothing in this title shall apply to the ‘‘institutions’’. the end the following new subsection: disclosure by the financial institution of the Page 150, line 18, strike ‘‘2012’’ and insert ‘‘(d) LIMITATION ON TREATY BENEFITS FOR financial records of any customer to the De- ‘‘2011’’. CERTAIN DEDUCTIBLE PAYMENTS.— partment of the Treasury, the Social Secu- [CONSERVATION TITLE] ‘‘(1) IN GENERAL.—In the case of any de- rity Administration, the Railroad Retire- Page 157, beginning line 22, strike subpara- ductible related-party payment, the amount ment Board, or any other Government au- graph (C) relating to annual survey funding. of any withholding tax imposed under chap- thority that certifies, disburses, or collects In section 2101, add at the end the fol- ter 3 (and any tax imposed under subpart A payments, when the disclosure of such infor- lowing new subsection: or B of this part) with respect to such pay- mation is necessary to, and such information (j) EXCEPTIONS TO EARLY TERMINATION.— ment shall not be less than the amount is used solely for the purposes of— Section 1235(e)(2) of the Food Security Act of which would be imposed if the payment were ‘‘(A) the proper administration of section 1985 (16 U.S.C. 3835(e)(2)) is amended by add- made directly to the foreign parent corpora- 1441 of the Internal Revenue Code of 1986 (26 ing at the end the following new subpara- tion (taking into account any income tax U.S.C. 1441); graph: treaty between the United States and the ‘‘(B) the proper administration of title II of ‘‘(D) Land enrolled under continuous country in which the foreign parent corpora- the Social Security Act (42 U.S.C. 401 et signup.’’. tion is resident). seq.); In section 2102(e), strike paragraph (3) and ‘‘(2) DEDUCTIBLE RELATED-PARTY PAY- ‘‘(C) the proper administration of the Rail- insert the following new paragraph: MENT.—For purposes of this subsection, the road Retirement Act of 1974 (45 U.S.C. 231 et (3) by striking subsection (f) and inserting term ‘deductible related-party payment’ seq.); means any payment made, directly or indi- the following new subsection: ‘‘(D) the verification of the identify of any rectly, by any person to any other person if ‘‘(f) COMPENSATION.—Compensation for person in connection with the issuance of a the payment is allowable as a deduction easements acquired by the Secretary under Federal payment or collection of funds by a under this chapter and both persons are this subchapter shall be made in cash in such Government authority; or members of the same foreign controlled amount as agreed to and specified in the ‘‘(E) the investigation or recovery of an group of entities. easement agreement. Lands may be enrolled improper Federal payment or collection of ‘‘(3) FOREIGN CONTROLLED GROUP OF ENTI- through the submission of bids under a pro- funds, or an improperly negotiated Treasury TIES.—For purposes of this subsection— cedure established by the Secretary. Com- check. ‘‘(A) IN GENERAL.—The term ‘foreign con- mendation may be provided in not less than ‘‘(2) LIMITATIONS ON SUBSEQUENT DISCLO- trolled group of entities’ means a controlled 5, nor more than 30, annual payments of SURE.—Notwithstanding any other provision group of entities the common parent of equal or unequal size, as agreed to by the of law, any request authorized by paragraph which is a foreign corporation. owner and the Secretary based on the fol- (1), and the information contained therein, ‘‘(B) CONTROLLED GROUP OF ENTITIES.—The lowing option that results in the lowest may be used by the financial institution and term ‘controlled group of entities’ means a amount of compensation to be paid by the its agents solely for the purpose of providing controlled group of corporations as defined Secretary: the customer’s financial records to the Gov- in section 1563(a)(1), except that— ‘‘(1) A percentage of the fair market value ernment authority requesting the informa- ‘‘(i) ‘more than 50 percent’ shall be sub- based on the Uniform Standards for Profes- tion and shall be barred from redisclosure by stituted for ‘at least 80 percent’ each place it sional Appraisals Procedures, as determined the financial institution or its agents. Any appears therein, and by the Secretary or a percentage of the mar- Government authority receiving information ‘‘(ii) the determination shall be made with- ket value determined by an area-wide mar- pursuant to paragraph (1) may not disclose out regard to subsections (a)(4) and (b)(2) of ket survey. or use the information except for the pur- section 1563. ‘‘(2) A geographic cap, prescribed in regula- poses set forth in such paragraph.’’. A partnership or any other entity (other tions issued by the Secretary. than a corporation) shall be treated as a [COMMODITY TITLE] ‘‘(3) The offer made by the landowner.’’; member of a controlled group of entities if In section 1103(f)(3), strike subparagraph and such entity is controlled (within the mean- (B) and insert the following new subpara- Page 194, line 10, strike ‘‘or’’. ing of section 954(d)(3)) by members of such graph: Page 194, line 11, strike the period and in- group (including any entity treated as a (B) the final partial payment shall be made sert ‘‘; or’’. member of such group by reason of this sen- the later of the following: Page 194, after line 11, insert the following tence). (i) As soon as practicable after the end of new clause: ‘‘(4) FOREIGN PARENT CORPORATION.—For the 12-month marketing year for the covered ‘‘(iv) improve watershed health.’’. purposes of this subsection, the term ‘foreign commodity. Page 206, after line 2, insert the following parent corporation’ means, with respect to (ii) October 1 of the fiscal year starting in new subsection (and redesignate the subse- any deductible related-party payment, the the same calendar year as the end of the quent subsection as subsection (e)): common parent of the foreign controlled marketing year. ‘‘(d) AIR QUALITY.—Of the funds made group of entities referred to in paragraph In section 1104(h)(3), strike subparagraph available under subsection (e)(1), the Sec- (3)(A). (B) and insert the following new subpara- retary shall use $10,000,000 for fiscal year ‘‘(5) REGULATIONS.—The Secretary may graph: 2008, $15,000,000 for fiscal year 2009, $30,000,000 prescribe such regulations or other guidance (B) the final partial payment shall be made for fiscal year 2010, $40,000,000 for fiscal year as are necessary or appropriate to carry out the later of the following: 2011, and $55,000,000 for fiscal year 2012 to the purposes of this subsection, including (i) As soon as practicable after the end of support air quality improvements to help regulations or other guidance which provide the 12-month marketing year for the covered producers meet State and local regulatory for— commodity. requirements related to air quality. Notwith- ‘‘(A) the treatment of two or more persons (ii) October 1 of the fiscal year starting in standing the requirements under subsections as members of a foreign controlled group of the same calendar year as the end of the (a) and (b), these funds shall be made avail- entities if such persons would be the com- marketing year. able to a State on the basis of air quality mon parent of such group if treated as one At the end of section 1407, add the fol- concerns facing that producers in that State. corporation, and lowing new subsection: The funds made available shall be used to ‘‘(B) the treatment of any member of a for- (d) REFUND OF ASSESSMENTS ON IMPORTED provide cost-share and incentive payments eign controlled group of entities as the com- DAIRY PRODUCTS.—Section 113(g) of the to producers.’’. mon parent of such group if such treatment Dairy Production Stabilization Act of 1983 (7 Page 206, beginning line 24, strike para- is appropriate taking into account the eco- U.S.C. 4504(g)) is amended by adding at the graph (4). nomic relationships among such entities.’’. end the following: Page 209, line 17, insert after ‘‘the Ever- (b) EFFECTIVE DATE.—The amendment ‘‘(7) REFUND OF ASSESSMENTS ON CERTAIN glades,’’ the following: ‘‘the Sacramento made by this section shall apply to payments IMPORTED PRODUCTS.— River watershed,’’.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00205 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.118 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9042 CONGRESSIONAL RECORD — HOUSE July 30, 2007 Page 219, line 23, strike ‘‘or organizational ‘‘(A) reviews and comments on the report ment and Assistance Act of 1954 (7 U.S.C. purpose’’. under paragraph (2); and 1736g-2) is amended— Page 220, line 2, strike ‘‘and technical abil- ‘‘(B) provides recommendations regarding (A) by striking ‘‘using the same mecha- ity’’. any additional actions necessary to improve nism that was used to assess the micro- Page 220, beginning line 9, strike subpara- the monitoring and evaluation of assistance nutrient fortification program in’’ and in- graph (C). provided under this title.’’. serting ‘‘utilizing recommendations from’’; Page 221, beginning line 1, strike subpara- Page 275, line 15, strike ‘‘(3)’’ and insert and graphs (F) and (G). ‘‘(4)’’. (B) by striking ‘‘with funds from the Bu- Page 221, line 12, insert after ‘‘eligible enti- Page 275, line 21, strike ‘‘(4)’’ and insert reau for Humanitarian Response of the ty,’’ the following: ‘‘other than a certified ‘‘(5)’’. United States Agency for International De- State,’’. Page 276, line 3, strike the closing velopment’’ and inserting ‘‘with implemen- Page 222, line 19, strike ‘‘preserve’’ and in- quotation marks and the period at the end. tation by an independent entity with proven sert ‘‘enforce’’. Page 276, after line 3, insert the following: impartiality and a mechanism that incor- Page 238, line 13, strike ‘‘$1,500,000,000’’ and ‘‘(6) APPROPRIATE CONGRESSIONAL COMMIT- porates the range of stakeholders imple- insert ‘‘$1,250,000,000’’. TEES DEFINED.—In this subsection, the term menting programs under title II of this Act Page 264, line 20, strike ‘‘section 501(c)(2)’’ ‘appropriate congressional committees’ as well as other food assistance industry ex- and insert ‘‘section 501(c)(3)’’. means— perts’’. At the end of title II (page 272, after line 2), ‘‘(A) the Committee on Foreign Affairs and add the following new section: (2) TERMINATION OF AUTHORITY.—Sub- the Committee on Agriculture of the House section (d) of such section is amended by SEC. 2504. PILOT PROGRAM FOR FOUR-YEAR of Representatives; and striking ‘‘2007’’ and inserting ‘‘2012’’. CROP ROTATION FOR PEANUTS. ‘‘(B) the Committee on Agriculture, Nutri- (a) CONTRACT AUTHORITY.—The Secretary Page 277, line 21, strike ‘‘(m)’’ and insert tion, and Forestry of the Senate.’’. ‘‘(n)’’. of Agriculture shall enter into a contract Page 276, after line 12, insert the following: Page 278, line 19, strike ‘‘(n)’’ and insert with a peanut producer under which the pro- (1) by striking ‘‘Funds’’ and inserting ‘‘(A) ducer will implement a four-year crop rota- ‘‘(o)’’. IN GENERAL.—Funds’’; tion for peanuts. Page 276, line 13, strike ‘‘(1)’’ and insert Page 279, after line 10, insert the following (b) CONTRACT PAYMENTS.—Under the con- ‘‘(2)’’. new clause (and redesignate the subsequent tract, the Secretary shall pay to the pro- Page 276, line 14, strike ‘‘and’’. clause as clause (iii)): ducer a contract implementation payment, Page 276, line 15, strike ‘‘(2)’’ and insert (ii) in paragraph (1), by striking ‘‘3-year pe- in an amount determined to be appropriate ‘‘(3)’’. riod’’ and inserting ‘‘6-month period’’. by the Secretary. Page 276, line 16, strike the period at the Page 281, beginning line 9, strike sub- (c) FUNDING.—For each of fiscal years 2008 end and insert ‘‘; and’’. section (c). through 2012, the Secretary shall use the Page 276, after line 16, insert the following: Page 284, strike line 6 and all that follows funds, facilities, and authorities of the Com- (4) by adding at the end the following new through line 10 and insert the following: modity Credit Corporation to carry out the subparagraph: SEC. 3010. FOREIGN MARKET DEVELOPMENT CO- provisions under this section, except that ‘‘(B) ADDITIONAL PREPOSITIONING SITES.— OPERATOR PROGRAM. funding of the pilot program may not exceed ‘‘(i) FEASIBILITY ASSESSMENT.—On or after $10,000,000 in each of such fiscal years. the date of the enactment of the Farm, Nu- (a) FOREIGN MARKET DEVELOPMENT COOP- [TRADE TITLE] trition, and Bioenergy Act of 2007, the Ad- ERATOR PROGRAM.—Subsection (c) of section Page 274, strike line 1 and all that follows ministrator is authorized to carry out as- 702 of the Agricultural Trade Act of 1978 (7 through line 4 and insert the following: sessments for the establishment of not less U.S.C. 5722) is amended by striking ‘‘Com- (e) FOOD AID CONSULTATIVE GROUP.— than two sites to determine the feasibility of mittee on International Relations’’ and in- (1) REPORT TO CONGRESS.—Section 205 of and costs associated with using such sites for serting ‘‘Committee on Foreign Affairs’’. the Agricultural Trade Development and As- the purpose of storing and handling agricul- (b) FUNDING.—Subsection (a) of section 703 sistance Act of 1954 (7 U.S.C. 1725) is amend- tural commodities for prepositioning in for- of such Act (7 U.S.C. 5723) is amended by ed— eign countries. striking ‘‘2002 through 2007’’ and inserting (A) by redesignating subsection (f) as sub- ‘‘(ii) ESTABLISHMENT OF SITES.—Based on ‘‘2008 through 2012’’. section (g); and the results of the assessments carried out Page 285, line 14, strike ‘‘International Re- (B) by inserting after subsection (e) the fol- under clause (i), the Administrator is au- lations’’ and insert ‘‘Foreign Affairs’’. lowing new subsection: thorized to establish additional sites for pre- Page 287, after line 7, insert the following: ‘‘(f) REPORT TO CONGRESS.— positioning in foreign countries. SEC. 3015. REPORT ON EFFORTS TO IMPROVE ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(iii) AUTHORIZATION OF APPROPRIATIONS.— PROCUREMENT PLANNING. after the date of the enactment of the Farm, To carry out this subparagraph, there are au- (a) REPORT REQUIRED.—Not later than 90 Nutrition, and Bioenergy Act of 2007, and an- thorized to be appropriated to the Adminis- days after the date of the enactment of this nually thereafter until December 31, 2012, the trator such sums as may be necessary for Act, the Administrator of the United States Administrator of the United States Agency each of the fiscal years 2008 through 2012.’’. Agency for International Development and for International Development, in close con- Page 277, after line 16, insert the following: the Secretary of Agriculture shall submit to sultation with the Group, shall submit to the (l) AUTHORIZATION OF APPROPRIATIONS.— appropriate congressional committees a re- Subsection (a) of section 412 of the Agricul- the appropriate congressional committees a port on efforts taken by the United States tural Trade Development and Assistance Act report on efforts taken by both the United Agency for International Development and of 1954 (7 U.S.C. 1736f) is amended to read as States Agency for International Develop- the Department of Agriculture to develop a follows: ment and the Department of Agriculture to improve planning for food and transpor- strategy under this section to achieve an in- ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— tegrated and effective food assistance pro- For each of the fiscal years 2008 through 2012, tation procurement, including efforts to gram. there are authorized to be appropriated to eliminate bunching of food purchases. ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- the President— (b) CONTENTS.—The report required under TEES DEFINED.—In this subsection, the term ‘‘(1) such sums as may be necessary to subsection (a) should include, among other ‘appropriate congressional committees’ carry out the concessional credit sales pro- things, a description of efforts taken to— means— gram established under title I, (1) improve coordination of food purchases ‘‘(A) the Committee on Foreign Affairs and ‘‘(2) $2,500,000,000 to carry out the emer- by the United States Agency for Inter- the Committee on Agriculture of the House gency and non-emergency food assistance national Development and the Department of Representatives; and programs under title II, and of Agriculture; ‘‘(B) the Committee on Agriculture, Nutri- ‘‘(3) such sums as may be necessary to (2) increase flexibility in procurement tion, and Forestry of the Senate.’’. carry out the grant program established schedules; (2) TERMINATION.—Such section is further under title III, (3) increase utilization of historical anal- amended in subsection (g) (as redesignated including such amounts as may be required yses and forecasting; and by paragraph (1)(A)) by striking ‘‘2007’’ and to make payments to the Commodity Credit (4) improve and streamline legal claims inserting ‘‘2012’’. Corporation to the extent the Commodity processes for resolving transportation dis- Page 275, line 14, insert ‘‘paragraph’’ before Credit Corporation is not reimbursed under putes. ‘‘(1)’’. the programs under this Act for the actual (c) APPROPRIATE CONGRESSIONAL COMMIT- Page 275, after line 14, insert the following costs incurred or to be incurred by such Cor- TEES DEFINED.—In this section, the term new paragraph: poration in carrying out such programs.’’. ‘‘appropriate congressional committees’’ ‘‘(3) GOVERNMENT ACCOUNTABILITY OFFICE.— Page 277, strike line 17 and all that follows means— Not later than 270 days after the date of the through line 20 and insert the following: (1) the Committee on Foreign Affairs and submission of the report under paragraph (2), (m) MICRONUTRIENT FORTIFICATION PRO- the Committee on Agriculture of the House the Comptroller General of the United States GRAMS.— of Representatives; and shall submit to the appropriate congres- (1) PURPOSE.—Subsection (a)(2)(C) of sec- (2) the Committee on Agriculture, Nutri- sional committees a report that— tion 415 of the Agricultural Trade Develop- tion, and Forestry of the Senate.

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00206 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.119 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9043 SEC. 3016. INTERNATIONAL DISASTER ASSIST- In section 2.4(a)(4) of the Farm Credit Act search, Extension, and Teaching Policy Act ANCE UNDER THE FOREIGN ASSIST- of 1971, as proposed to be added by section of 1977 (7 U.S.C. 3289)’’ after ‘‘universities’’. ANCE ACT OF 1961. 5031(b)(3) of the bill, strike ‘‘under this title Page 504, line 7, insert ‘‘, as defined in sec- For each of the fiscal years 2008 through to a person’’ and insert ‘‘to a person made el- tion 1456 of the National Agricultural Re- 2012, of the amounts made available to carry igible under this paragraph if the person is’’. search, Extension, and Teaching Policy Act out section 491 of the Foreign Assistance Act Strike section 5040. of 1977 (7 U.S.C. 3289)’’ after ‘‘universities’’. of 1961 (22 U.S.C. 2292), not less than [RURAL DEVELOPMENT TITLE] Page 504, line 11, insert ‘‘, as defined in sec- $40,000,000 for each such fiscal year is author- tion 1456 of the National Agricultural Re- ized be made available for the purposes of In section 6009(a)(3), strike ‘‘subparagraphs (D) and (F)’’ and insert ‘‘subparagraph (D)’’, search, Extension, and Teaching Policy Act famine prevention and relief under such sec- of 1977 (7 U.S.C. 3289)’’ after ‘‘universities’’. tion. and strike ‘‘and’’ after the semicolon. In section 6009(a)(4), strike ‘‘adding at the Page 506, line 1, strike ‘‘RESEARCH FA- [NUTRITION TITLE] end’’ and insert ‘‘inserting after subpara- CILITIES’’ and insert ‘‘ASSISTANCE PRO- Page 301, beginning on line 18, strike ‘‘and graph (D) (as so redesignated)’’, and strike GRAMS’’. Nutrition Act’’ and insert ‘‘Stamp’’. the period after the subparagraph (E) pro- Page 507, after line 6, insert the following Page 303, line 14, insert ‘‘a’’ after ‘‘in the posed to be added and insert ‘‘; and’’. new sections: event of’’. In subparagraph (E) of section 310B(e)(5) of SEC. 7234. HISPANIC SERVING INSTITUTIONS. Page 306, line 10, insert ‘‘(or fails to ad- the Consolidated Farm and Rural Develop- The text of section 1404 of the Research dress)’’ after ‘‘addresses’’. ment Act, as proposed to be added by section Act of 1977 is amended to read as follows: Page 310, line 25, strike ‘‘after paragraph’’ 6009(a)(4) of the bill, strike the period and in- ‘‘The term ‘Hispanic Serving Institution’ has and insert ‘‘inserting after subsection’’. sert ‘‘; and’’. the meaning given that term in section Page 312, line 12, strike ‘‘redeem,’’ and in- At the end of section 6009(a), insert the fol- 502(a)(5) of the Higher Education Act of 1965 sert ‘‘redeem’’. lowing: (20 U.S.C. 1101a(a)(5).’’. Page 319, line 17, strike ‘‘verification of’’ (5) in subparagraph (F), by striking ‘‘great- and insert ‘‘verification or’’. SEC. 7235. SPECIALTY CROPS POLICY RESEARCH er than’’ the 1st place it appears. INSTITUTE. Page 323, strike lines 4 and 5, and insert In section 310B(i)(2) of the Consolidated Section 1419A of the National Agricultural the following: Farm and Rural Development Act, as pro- (ii) by striking ‘‘finding of a violation and Research, Extension, and Teaching Policy posed to be added by section 6011 of the bill, Act of 1977 (7 U.S.C. 3155) is amended by add- the’’ and inserting ‘‘finding of a violation,’’. strike ‘‘the’’ after ‘‘help’’. Page 323, line 22, strike ‘‘years.’’ and insert ing at the end the following: In section 601(c)(3)(A)(ii) of the Rural Elec- ‘‘(e) SPECIALTY CROPS POLICY RESEARCH IN- ‘‘years’’. trification Act of 1936, as proposed to be Page 324, line 21, strike lines 19 through 21, STITUTE.— added by section 6023(b)(2) of the bill, strike and insert the following: ‘‘(1) ESTABLISHMENT.—The Food Agricul- ‘‘services’’ and insert ‘‘service’’. ‘‘(c) TREATMENT OF DISQUALIFICATION AND tural Policy Research Institute shall estab- In section 601(l)(4)(A) of the Rural Elec- PENALTY DETERMINATIONS.—The action’’. lish a satellite institute, called the Specialty Page 325, line 24, insert ‘‘is’’ before ‘‘not trification Act of 1936, as proposed to be Crops Policy Research Institute, hereinafter upheld’’. added by section 6023(i) of the bill, strike referred to as the Institute, at accredited re- Page 330, line 19, strike ‘‘low income’’ and ‘‘(b)’’ each place it appears and insert ‘‘(d)’’. search universities within States with sig- insert ‘‘low-income’’. [RESEARCH TITLE] nificant specialty crop industries to fulfill Page 332, line 14, insert ‘‘and particularly Page 456, line 10, strike ‘‘(c)’’ and insert the objectives described in subsection (e)(3) children, as well as the feasibility of repli- ‘‘(e)’’. of this section. cating these programs in other locations’’ Page 456, lines 14 and 15, strike ‘‘or other- ‘‘(2) MANAGEMENT.—The Institute shall be after ‘‘ persons’’. wise administered’’. coordinated and managed by an appointed Page 333, after line 22, insert the following: Page 456, lines 17 and 18, strike ‘‘except as university and will have the discretion to co- ‘‘(iv) strategies to improve the nutritional provided under subsection (a)(14)’’. ordinate and facilitate the Institute’s eco- value of food served during school hours and Page 458, line 7, insert ‘‘and universities’’ nomic and policy research activities and during after-school hours; after ‘‘colleges’’. those of additional member universities and ‘‘(v) innovative ways to provide significant Page 459, line 2, insert ‘‘AND UNIVERSITY’’ institutions. improvement to the health and wellness of before the period. ‘‘(3) INSTITUTE OBJECTIVES.—Consistent children;’’. Page 459, line 3, insert ‘‘and university’’ be- with the provisions of subsections (a) and (c) Page 333, line 23, strike ‘‘(iv)’’ and insert fore the quotation marks. of this section, the Institute shall— ‘‘(vi)’’. Page 459, line 4, strike ‘‘a’’ and insert ‘‘an’’. ‘‘(A) produce and disseminate analysis of Page 336, line 16, strike ‘‘paragraph’’ and Page 459, line 5, strike ‘‘as defined’’ and all the specialty crop sector, including the im- insert ‘‘subsection’’. that follows through line 7 and insert ‘‘; pact of changes in domestic and inter- Page 340, line 16, strike ‘‘Action’’ and in- and’’. national markets, production, new product sert ‘‘Act’’. Page 459, strike lines 8 through 10, and in- technologies, web-based risk management Page 345, line 22, strike ‘‘(a) AMENDMENT.— sert the following: tools, alternative policies and macro- ’’. (b) offers associate, bachelor’s, or other ac- economic conditions on specialty crop pro- [CREDIT TITLE] credited degree programs in agricultural re- duction, use, farm and retail prices, and farm In section 304(c)(2)(B) of the Consolidated lated fields, as determined by the Secretary. income and financial stability from a na- Farm and Rural Development Act, as pro- Page 470, lines 9 and 10, strike ‘‘(8) and tional, regional, and farm-level perspective; posed to be added by section 5001 of the bill, (12)’’ and insert ‘‘(7) and (11)’’. and Page 474, line 17, insert ‘‘for Research, Edu- strike ‘‘$1,000,000’’ and insert ‘‘$1,000,000,000’’. ‘‘(B) produce and disseminate an annual re- In section 310F(b)(1)(C) of the Consolidated cation, and Economics’’ after ‘‘Secretary’’. view of the economic state of the specialty Page 477, line 21, insert ‘‘, except that sec- Farm and Rural Development Act, as pro- crop industry nationally, regionally, and by- tion 401(b)(3) of such Act shall not be re- posed to be added by section 5004 of the bill, state. pealed and shall remain in effect’’ before the strike ‘‘be at’’ and insert ‘‘be, at’’. ‘‘(4) AUTHORIZATION OF APPROPRIATION.— At the end of subtitle A of title V, insert period. There are authorized to be appropriated such Page 477, line 24, strike ‘‘(c)’’ and insert the following: sums as are necessary in each fiscal year ‘‘(d)’’. through 2012 to carry out this section.’’. SEC. 5005. LOANS TO PURCHASERS OF HIGHLY Page 495, line 10, insert ‘‘to’’ before ‘‘ac- FRACTIONED LANDS. Page 521, line 12, insert ‘‘section 103 of the quire’’. Agricultural Research, Extension, and Edu- Section 1 of Public Law 91–229 (25 U.S.C. Page 497, line 10, strike ‘‘as defined’’ and cation Reform Act of 1998’’ after ‘‘with’’. 488) is amended by adding at the end the fol- all that follows through line 12, and insert ‘‘; Page 522, line 19, insert ‘‘note’’ after lowing: ‘‘The Secretary of Agriculture may and’’. make and insure loans as provided in section Page 497, line 15, insert ‘‘, as determined by ‘‘1621’’. 309 of the Consolidated Farm and Rural De- the Secretary’’ before the period. Page 523, line 13, strike ‘‘and’’. velopment Act to eligible purchasers of high- Page 498, line 17, strike ‘‘of Agriculture’’. Page 523, after line 14, insert the following: ly fractionated land pursuant to section Page 499, lines 13 and 14, strike ‘‘of the (G) policy and marketing; and 204(c) of the Indian Land Consolidation Act. Treasury’’. (H) specialty crop pollination; Section 4 of this Act shall not apply to trust Page 500, line 7, strike ‘‘section’’ and insert Page 531, line 12, strike ‘‘and’’. or restricted tribal or tribal corporation ‘‘paragraph’’. Page 531, line 14, strike the period and in- property mortgaged pursuant to the pre- Page 501, line 24, strike ‘‘of Agriculture’’. sert ‘‘; and’’. ceding sentence.’’. Page 502, line 4, strike ‘‘of Agriculture’’. Page 531, after line 14, insert the following: In section 1.9(4) of the Farm Credit Act of Page 502, line 12, insert ‘‘EXTENSION’’ after (3) in subsection (c), by striking ‘‘such 1971, as proposed to be added by section ‘‘(b)’’. sums may be used to pay’’ and all that fol- 5031(a)(1)(C) of the bill, strike ‘‘under this Page 502, line 18, strike ‘‘section 4’’ and in- lows through ‘‘work.’’. title to a person’’ and insert ‘‘to a person sert ‘‘subparagraph (D)’’. Page 531, strike lines 15 through 25. made eligible under this paragraph if the Page 504, line 3, insert ‘‘, as defined in sec- Page 533, strike ‘‘1444 and’’. person is’’. tion 1456 of the National Agricultural Re- Page 541, strike lines 11 through 17.

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[FORESTRY TITLE] (e) DEFINITION OF STATE.—Section 3(2) of (c) GRANT PROGRAM.— Page 548, beginning line 4, strike subpara- the Specialty Crops Competitiveness Act of (1) ESTABLISHMENT.—The Secretary, acting graph (E). 2004 (Public Law 108-465; 7 U.S.C. 1621 note) is through the head of the market services Page 549, beginning line 1, strike clause amended by striking ‘‘and the Common- branch of the Agricultural Marketing Serv- (viii) and insert the following new clause: wealth of Puerto Rico’’ and inserting ‘‘the ice, shall establish a program under which ‘‘(viii) A representative from a State Tech- Commonwealth of Puerto Rico, Guam, Amer- the Secretary shall provide grants, on a com- nical Committee established under section ican Samoa, the United States Virgin Is- petitive basis, to eligible entities to conduct 1261 of the Food Security Act of 1985 (16 lands, and the Commonwealth of the North- enterprise feasibility studies (including stud- U.S.C. 3861).’’. ern Mariana Islands’’. ies of consumer preference), in accordance Page 549, line 24, strike ‘‘sections 8005 and In section 209(e)(2) of the Agricultural Mar- with the purpose of this section. 8006’’ and insert ‘‘sections 8006 and 8007’’. keting Act of 1946, as proposed to be added (2) APPLICATION.—To be eligible to receive Page 551, line 14, strike ‘‘three’’ and insert by section 10108 of the bill, strike ‘‘author- a grant under this subsection, an eligible en- ‘‘3’’. ized’’ and insert ‘‘authorize’’. tity shall submit to the Secretary an appli- Page 553, line 12, strike ‘‘$17,000,000’’ and In section 10201(j), strike ‘‘fo’’ and insert cation at such time, in such manner, and insert ‘‘$10,000,000’’. ‘‘of’’. containing such information as the Sec- In section 7407(b) of the Farm Security and Page 557, after line 2, insert the following retary may require. Rural Investment Act of 2002 (7 U.S.C. new subsection (and redesignate the subse- (3) COORDINATION WITH OTHER AGENCIES.—In 5925c(b)), as amended by section 10302 of the quent subsection as subsection (d)): carrying out the program under this sub- bill, strike ‘‘of funds of the Commodity’’ and (c) DEFINITION OF HISPANIC-SERVING INSTI- section, the Secretary shall coordinate, with insert ‘‘of the funds of the Commodity’’. respect to the development of the program TUTION.—In this section, the term ‘‘Hispanic- In the heading of section 10404, strike serving institution’’ has the meaning given and reviews of grant applications, with— ‘‘FARMERS’ MARKET PROMOTION PRO- that term in section 502(a)(5) of the Higher (A) the Cooperative State Research, Edu- GRAM’’ and insert ‘‘FARMER MARKETING Education Act of 1965 (20 U.S.C. 1101a(a)(5)). cation, and Extension Service; and ASSISTANCE PROGRAM’’. (B) the Rural Business Cooperative Serv- [ENERGY TITLE] Section 6(f)(1) of the Farmer-to-Consumer ice. Direct Marketing Act of 1976, as added by Page 564, after line 19 insert the following (4) PRIORITY.—In providing grants under new paragraph: section 10404 of the bill, is amended by strik- this subsection, the Secretary shall give pri- (5) in paragraph (2)(B) of subsection (f) (as ing ‘‘Secretary of Agriculture use’’ and in- ority to applications with proposed projects so redesignated)— serting ‘‘Secretary of Agriculture shall use’’. that— Section 6(f)(1)(A) of the Farmer-to-Con- (A) in clause (viii), by striking ‘‘and’’ at (A) include features effectively targeting sumer Direct Marketing Act of 1976, as added the end; participation by socially disadvantaged by section 10404 of the bill, is amended by (B) in clause ix, by striking ‘‘approaches.’’ farmers or ranchers or beginning farmers or striking ‘‘fiscals year’’ and inserting ‘‘fiscal and inserting ‘‘approaches; and’’; and ranchers; years’’. (C) by adding at the end the following new (B) increase employment opportunities in clause: At the end of subtitle E of title X add the following new section: underserved communities; ‘‘(x) whether the impact the distribution of (C) support small and mid-sized farm via- funds would have on existing manufacturing SEC. ll. HEALTHY FOOD URBAN ENTERPRISE DEVELOPMENT PROGRAM. bility and increase farming opportunities; or and other facilities that utilize similar feed- (D) establish and maintain satisfactory en- stocks would be minimal.’’. (a) PURPOSE.—The purpose of this section is to support farm and ranch income by sig- vironmental and labor standards, including Page 597, after line 25 insert the following worker protection. new paragraph: nificantly enhancing a producer’s share of the final retail product price through im- (5) MAXIMUM AMOUNT.—The amount of a (E) by adding at the end the following new grant provided under this subsection shall paragraph: proved access to competitive processing and distribution systems which deliver afford- not exceed $250,000. ‘‘(8) RENEWAL OF CONTRACTS.—When consid- (6) TERM.—A grant provided under this sub- ering the renewal of a contract under this able, locally and regionally produced foods to consumers, and improve food access in un- section shall have a term of not more than 3 section, the Secretary shall review such con- years. tract to determine whether the production of derserved communities. (b) DEFINITIONS.—In this section: (7) REPORTS.— bioenergy at the facility under contract is (1) ELIGIBLE ENTITY.—The term ‘‘eligible (A) IN GENERAL.—Each eligible entity that economically viable and reconsider the need entity’’ includes— receives a grant under this subsection shall for the contract based on that determina- (A) a small or midsized processor, dis- submit to the Secretary an annual report de- tion.’’. tributor, wholesaler, or retail food outlet; scribing the results and progress of each fea- In section 9002, strike subsection (d) and (B) a group of producers operating as a le- sibility study to ensure sufficient progress is insert the following new subsection: gally recognized marketing alliance; achieved with respect to the goals of the (d) AUTHORIZATION OF APPROPRIATIONS.— (C) a producer-owned cooperative; projects carried out by the eligible entity. Paragraph (1) of section 9002(k) of the Farm (D) a nonprofit organization; (B) PUBLIC AVAILABILITY.—The Secretary Security and Rural Investment Act of 2002 (7 (E) an economic development or commu- shall ensure that any information contained U.S.C. 8102(k)) is amended to read as follows: nity development corporation; in a report under subparagraph (A) relating ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— (F) a unit of State or local government; to consumer preference or producer avail- ‘‘(A) FEDERAL PROCUREMENT.—There are and ability is made available to the public. authorized to be appropriated $1,000,000 for (G) an academic institution. (8) FUNDING.—There are authorized to be each of fiscal years 2008 through 2013 to im- (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ appropriated such sums as are necessary for plement the provisions of this section other has the meaning given the term in section 4 each of fiscal years 2008 through 2012 to carry than subsection (h). of the Indian Self-Determination and Edu- out this section. ‘‘(B) LABELING.—There are authorized to be cation Assistance Act (25 U.S.C. 450b). (d) GRANT PROGRAM REQUIREMENTS.— appropriated $1,000,000 for each of fiscal (3) SECRETARY.—The term ‘‘Secretary’’ (1) TECHNICAL ASSISTANCE AND OUTREACH.— years 2008 through 2013 to implement sub- means the Secretary of Agriculture. (A) IN GENERAL.—The Secretary shall— section (h) of this section.’’. (4) SOCIALLY DISADVANTAGED FARMER OR (i) provide to the public information relat- In section 9002(f), strike paragraph (3). RANCHER.—The term ‘‘socially disadvantaged ing to the grant programs under this section; Page 598, line 4, strike ‘‘Section’’ and in- farmer or rancher’’ has the meaning given and sert: the term in section 355(e) of the Consolidated (ii) provide technical assistance to— (a) WESTERN INSULAR PACIFIC CENTER.— Farm and Rural Development Act (7 U.S.C. (I) socially disadvantaged farmers or Section 9011(d) is amended by adding at the 2003(e)). ranchers; end the following new paragraph: (5) UNDERSERVED COMMUNITY.—The term (II) Indian tribal organizations; ‘‘(6) WESTERN INSULAR PACIFIC CENTER.—A ‘‘underserved community’’ includes any (III) low-income populations; and western insular pacific center at the Univer- community that may have, as determined by (IV) other underserved communities and sity of Hawaii for the region of Alaska, Ha- the Secretary— producers. waii, Guam, American Samoa, the Common- (A) limited access to affordable, healthy (B) SERVICE PROVIDERS.—In carrying out wealth of the Northern Mariana Islands, the foods, including fresh fruits and vegetables, subparagraph (A), the Secretary may enter Federated States of Micronesia, the Republic in grocery retail stores or farmer-to-con- into contracts, on a competitive basis, with of the Marshall Islands, and the Republic of sumer direct markets; entities that, as determined by the Sec- Palau.’’. (B) high incidences of diet-related diseases, retary— (b) AUTHORIZATION OF APPROPRIATIONS.— including obesity; (i) demonstrate experience in serving so- Section (C) high rates of hunger or food insecurity; cially disadvantaged farmers or ranchers and Strike section 9014. or other underserved communities and pro- [HORTICULTURE TITLE] (D) severe or persistent poverty in urban or ducers; Section 10102 is amended by adding at the rural communities, including Indian tribal (ii) include, in the governance structure of end the following new subsection: communities. the entity, 2 or more members representing

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Director); (2) LIMITATIONS.—For purposes of the pro- (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (vi) the Administrator of the Environ- grams under this section, the Secretary— has the meaning given the term in section 4 mental Protection Agency (or the designee (A) shall not give preference to any entity of the Indian Self-Determination and Edu- of the Administrator); based on an agricultural commodity pro- cation Assistance Act (25 U.S.C. 450b). (vii) 4 members appointed by the Sec- duced or supported by the entity; and (6) INTERSTATE WATERSHED.—The term retary, in coordination with the National (B) shall encourage, to the maximum ex- ‘‘interstate watershed’’ means a watershed Governors Association, each of whom shall tent practicable, projects that use infra- that transcends State or Tribal boundaries, be the Governor of a State (or the designee structure efficiently for more than 1 agricul- or both. of the Governor) and who collectively shall tural product. (7) MEMBER.—The term ‘‘member’’, with re- represent the geographic diversity of the Na- (3) REPORT.—Not less frequently than once spect to the National Drought Council, tion; each year, the Secretary shall submit to means a member of the Council specified or (viii) 1 member appointed by the Sec- Congress a report that describes the pro- appointed under this section or, in the ab- retary, in coordination with the National As- grams (including the level of participation in sence of the member, the member’s designee. sociation of Counties; each program) under this section, including (8) MITIGATION.—The term ‘‘mitigation’’ (ix) 1 member appointed by the Secretary, information relating to— means a short- or long-term action, program, in coordination with the United States Con- (A) projects carried out under this section; or policy that is implemented in advance of ference of Mayors; (B) characteristics of the agricultural pro- or during a drought to minimize any risks (x) 1 member appointed by the Secretary of ducers and communities served by the and impacts of drought. the Interior, in coordination with Indian projects; (9) NEIGHBORING COUNTRY.—The term tribes, to represent the interests of tribal (C) the benefits of the projects; ‘‘neighboring country’’ means Canada and governments; and (D) data necessary to comply with— Mexico. (xi) 1 member appointed by the Secretary, (i) section 2501A of the Food, Agriculture, (10) OFFICE.—The term ‘‘Office’’ means the in coordination with the National Associa- Conservation, and Trade Act of 1990 (7 U.S.C. National Office of Drought Preparedness es- tion of Conservation Districts, to represent 2279–1); or tablished under this section. local soil and water conservation districts. (B) DATE OF APPOINTMENT.—The appoint- (ii) section 8(b)(5)(B) of the Soil Conserva- (11) SECRETARY.—The term ‘‘Secretary’’ tion and Domestic Allotment Act (16 U.S.C. means the Secretary of Agriculture. ment of each member of the Council shall be made not later than 120 days after the date 590h(b)(5)); and (12) STATE.—The term ‘‘State’’ means the (E) outreach and technical assistance ac- several States, the District of Columbia, of enactment of this Act. (3) TERM; VACANCIES.— tivities carried out by the Secretary under American Samoa, Guam, the Commonwealth (A) TERM.—A non-Federal member of the paragraph (1). of the Northern Mariana Islands, the Com- Council appointed under paragraph (2) shall Strike section 10401. monwealth of Puerto Rico, and the United be appointed for a term of two years. States Virgin Islands. [MISCELLANEOUS TITLE] (B) VACANCIES.—A vacancy on the Coun- (13) TRIGGER.—The term ‘‘trigger’’ means Strike section 11105. cil— the thresholds or criteria that must be satis- Page 683, line 23, strike ‘‘production’’ and (i) shall not affect the powers of the Coun- fied before mitigation or emergency assist- insert ‘‘production.’’. cil; and ance may be provided to an area— Page 684, strike line 5 through page 685, (ii) shall be filled in the same manner as (A) in which drought is emerging; or line 9 and insert the following: the original appointment was made. (B) that is experiencing a drought. ‘‘(3) YIELD DETERMINATION BASED ON COUNTY (C) TERMS OF MEMBERS FILLING VACAN- (14) UNDER SECRETARY.—The term ‘‘Under ACTUAL PRODUCTION HISTORY.—If an agricul- CIES.—Any member appointed to fill a va- tural commodity ineligible for insurance as Secretary’’ means the Under Secretary of cancy occurring before the expiration of the described in paragraph (2) is planted for 4 Agriculture for Natural Resources and Envi- term for which the member’s predecessor years, beginning with the fifth year in which ronment. was appointed shall be appointed only for the the commodity is planted, the producer of (15) WATERSHED.—The term ‘‘watershed’’ remainder of that term. the commodity may procure crop insurance means a region or area with common hydrol- (4) MEETINGS.— for the commodity under this title. The yield ogy, an area drained by a waterway that (A) IN GENERAL.—The Council shall meet at for such crop insurance shall be determined drains into a lake or reservoir, the total area the call of the co-chairs. only— above a given point on a stream that con- (B) FREQUENCY.—The Council shall meet at ‘‘(A) by using the actual production his- tributes water to the flow at that point, or least semiannually. tory for the farm; and the topographic dividing line from which (5) QUORUM.—A majority of the members of ‘‘(B) for each year in which the farm does surface streams flow in two different direc- the Council shall constitute a quorum, but a not have an actual production history, by tions. In no case shall a watershed be larger lesser number may hold hearings or conduct using the average actual production history than a river basin. other business. for the commodity in the county in which (16) WATERSHED GROUP.—The term ‘‘water- (6) COUNCIL LEADERSHIP.— the farm is located.’’. shed group’’ means a group of individuals, (A) IN GENERAL.—There shall be a Federal Page 685, line 20: strike ‘‘that’’ and insert formally recognized by the appropriate State co-chair and non-Federal co-chair of the ‘‘than’’. or States, who represent the broad scope of Council. At the end of subtitle A of title XI (page relevant interests within a watershed and (B) APPOINTMENT.— 687, after line 19), add the following new sec- who work together in a collaborative manner (i) FEDERAL CO-CHAIR.—The Secretary shall tions: to jointly plan the management of the nat- be Federal co-chair. SEC. 11013. NATIONAL DROUGHT COUNCIL AND ural resources contained within the water- (ii) NON-FEDERAL CO-CHAIR.—The non-Fed- DROUGHT PREPAREDNESS PLANS. shed. eral members of the Council shall select, on (a) DEFINITIONS.—In this section: (b) EFFECT OF SECTION.—This section does a biannual basis, a non-Federal co-chair of (1) COUNCIL.—The term ‘‘Council’’ means not affect— the Council from among the members ap- the National Drought Council established by (1) the authority of a State to allocate pointed under paragraph (2) this section. quantities of water under the jurisdiction of (7) DIRECTOR OF THE OFFICE.— (2) CRITICAL SERVICE PROVIDER.—The term the State; or (A) IN GENERAL.—The Director of the Office ‘‘critical service provider’’ means an entity (2) any State water rights established as of shall serve as Secretary of the Council. that provides power, water (including water the date of enactment of this Act. (B) DUTIES.—The Director of the Office provided by an irrigation organization or fa- (c) NATIONAL DROUGHT COUNCIL.— shall serve the interests of all members of cility), sewer services, or wastewater treat- (1) ESTABLISHMENT.—There is established the Council. ment. in the Office of the Secretary of Agriculture (d) DUTIES OF THE COUNCIL.— (3) DROUGHT.—The term ‘‘drought’’ means a council to be known as the ‘‘National (1) IN GENERAL.—The Council shall— a natural disaster that is caused by a defi- Drought Council’’. (A) not later than one year after the date ciency in precipitation— (2) MEMBERSHIP.— of the first meeting of the Council, develop a (A) that may lead to a deficiency in surface (A) COMPOSITION.—The Council shall be comprehensive National Drought Policy Ac- and subsurface water supplies (including riv- composed of— tion Plan that— ers, streams, wetlands, ground water, soil (i) the Secretary (or the designee of the (i)(I) delineates and integrates responsibil- moisture, reservoir supplies, lake levels, and Secretary); ities for activities relating to drought (in- snow pack); and (ii) the Secretary of Commerce (or the des- cluding drought preparedness, mitigation, (B) that causes or may cause— ignee of the Secretary of Commerce); research, risk management, training, and

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00209 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.119 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9046 CONGRESSIONAL RECORD — HOUSE July 30, 2007

emergency relief) among Federal agencies; Act, the Council shall submit to Congress a (B) CIVIL SERVICE STATUS.—The detail of an and report that recommends— employee shall be without interruption or (II) ensures that those activities are co- (i) amendments to this section; and loss of civil service status or privilege. ordinated with the activities of the States, (ii) whether the Council should continue. (i) DROUGHT ASSISTANCE FUND.— local governments, Indian tribes, and neigh- (e) POWERS OF THE COUNCIL.— (1) ESTABLISHMENT.—There is established boring countries; (1) HEARINGS.—The Council may hold hear- within the Department of Agriculture a fund (ii) is consistent with— ings, meet and act at any time and place, to be known as the ‘‘Drought Assistance (I) this Act and other applicable Federal take any testimony and receive any evidence Fund’’. laws; and that the Council considers advisable to carry (2) PURPOSE.—The Fund shall be used to (II) the laws and policies of the States for out this section. pay the costs of— water management; (2) INFORMATION FROM FEDERAL AGENCIES.— (A) providing technical and financial as- (iii) is integrated with drought manage- (A) IN GENERAL.—The Council may obtain sistance (including grants and cooperative ment programs of the States, Indian tribes, directly from any Federal agency any infor- assistance) to States, Indian tribes, local local governments, watershed groups, and mation that the Council considers necessary governments, watershed groups, and critical private entities; and to carry out this section. service providers for the development and (B) PROVISION OF INFORMATION.— implementation of drought preparedness (iv) avoids duplicating Federal, State, trib- (i) IN GENERAL.—Except as provided in plans; al, local, watershed, and private drought pre- clause (ii), on request of the Secretary or the (B) providing to States, Indian tribes, local paredness and monitoring programs in exist- non-Federal co-chair of the Council, the head governments, watershed groups, and critical ence on the date of enactment of this Act; of a Federal agency may provide information service providers the Federal share, as deter- (B) evaluate Federal drought-related pro- to the Council. mined by the Secretary, in consultation with grams in existence on the date of enactment (ii) LIMITATION.—The head of a Federal the other members of the Council, of the cost of this Act and make recommendations to agency shall not provide any information to of mitigating the overall risk and impacts of Congress and the President on means of the Council that the Federal agency head de- droughts; eliminating— termines the disclosure of which may cause (C) assisting States, Indian tribes, local (i) discrepancies between the goals of the harm to national security interests. governments, watershed groups, and critical programs and actual service delivery; (3) POSTAL SERVICES.—The Council may use service providers in the development of miti- (ii) duplication among programs; and the United States mail in the same manner gation measures to address environmental, (iii) any other circumstances that interfere and under the same conditions as other agen- economic, and human health and safety with the effective operation of the programs; cies of the Federal Government. issues relating to drought; and (C) make recommendations to the Presi- (4) GIFTS.—The Council may accept, use, (D) expanding the technology transfer of dent, Congress, and appropriate Federal and dispose of gifts or donations of services drought and water conservation strategies Agencies on— or property. and innovative water supply techniques. (i) the establishment of common inter- (f) COUNCIL PERSONNEL MATTERS.— (3) GUIDELINES.— agency triggers for authorizing Federal (1) COMPENSATION OF MEMBERS.— (A) IN GENERAL.—The Secretary, in con- drought mitigation programs; and (A) NON-FEDERAL EMPLOYEES.—A member sultation with the non-Federal co-chair of (ii) improving the consistency and fairness of the Council who is not an officer or em- the Council and with the concurrence of the of assistance among Federal drought relief ployee of the Federal Government shall serve Council, shall develop and promulgate guide- programs; without compensation. lines to implement this subsection. (D) encourage and facilitate the develop- (B) FEDERAL EMPLOYEES.—A member of the (B) REQUIREMENTS.—The guidelines shall ment of drought preparedness plans under Council who is an officer or employee of the address the following: subtitle C, including establishing the guide- United States shall serve without compensa- (i) Ensure the distribution of amounts lines under this section; tion in addition to the compensation re- from the Fund within a reasonable period of (E) based on a review of drought prepared- ceived for services of the member as an offi- time. ness plans, develop and make available to cer or employee of the Federal Government. (ii) Take into consideration regional dif- the public drought planning models to re- (2) TRAVEL EXPENSES.—A member of the ferences. duce water resource conflicts relating to Council shall be allowed travel expenses at (iii) Take into consideration all impacts of water conservation and droughts; rates authorized for an employee of an agen- drought in a balanced manner. (F) develop and coordinate public aware- cy under subchapter I of chapter 57 of title 5, (iv) Prohibit the use of amounts from the ness activities to provide the public with ac- United States Code, while away from the Fund for Federal salaries that are not di- cess to understandable, and informative ma- home or regular place of business of the rectly related to the provision of drought as- terials on drought, including— member in the performance of the duties of sistance. (i) explanations of the causes of drought, the Council. (v) Require that distribution of amounts the impacts of drought, and the damages (g) TERMINATION OF COUNCIL.—The Council from the Fund granted to States, local gov- from drought; shall terminate at the end of the eighth fis- ernments, watershed groups, and critical (ii) descriptions of the value and benefits cal year beginning on or after the date of the service providers to meet the requirements of land stewardship to reduce the impacts of enactment of this Act. of this subsection be coordinated with and drought and to protect the environment; (h) NATIONAL OFFICE OF DROUGHT PRE- managed by the State in which such local (iii) clear instructions for appropriate re- PAREDNESS.— government or critical service provider is lo- sponses to drought, including water con- (1) ESTABLISHMENT.—The Secretary shall cated, consistent with the drought prepared- servation, water reuse, and detection and establish an office to be known as the ‘‘Na- ness priorities and relevant water manage- elimination of water leaks; tional Office of Drought Preparedness’’ to ment plans within the State. (iv) information on State and local laws provide assistance to the Council. (vi) Require that distribution of amounts applicable to drought; and (2) DIRECTOR OF THE OFFICE.— from the Fund granted to Indian tribes to (v) opportunities for assistance to re- (A) APPOINTMENT.— meet the requirements of this subsection be source-dependent businesses and industries (i) IN GENERAL.—The Under Secretary shall used to implement plans that are, to the ex- in times of drought; and appoint a Director of the Office under sec- tent practicable, in coordination with each (G) establish operating procedures for the tions 3371 through 3375 of title 5, United State in which lands of the Indian tribe are Council. States Code. located and consistent with existing drought (2) CONSULTATION.—In carrying out this (ii) QUALIFICATIONS.—The Director of the preparedness and water management plans of subsection, the Council shall consult with Office shall be a person who has experience such States. groups affected by drought emergencies. in— (vii) Require that a State, Indian tribe, (3) REPORTS TO CONGRESS.— (I) public administration; and local government, watershed group, or crit- (A) ANNUAL REPORT.— (II) drought mitigation or drought manage- ical service provider that receives Federal (i) IN GENERAL.—Not later than one year ment. funds under paragraph (2) or (3) of subsection after the date of the first meeting of the (B) POWERS.—The Director of the Office (b) cover not less than 25 percent of the over- Council, and annually thereafter, the Coun- may hire such other additional personnel or all cost incurred in carrying out the project cil shall submit to Congress a report on the contract for services with other entities as for which the Federal funds are provided. activities carried out under this section. necessary to carry out the duties of the Of- This cost sharing requirement may be satis- (ii) INCLUSIONS.— fice. fied using non-Federal grants or cash dona- (I) IN GENERAL.—The annual report shall (3) DETAIL OF GOVERNMENT EMPLOYEES.— tions made by non-Federal third parties. include a summary of drought preparedness (A) IN GENERAL.—Except for the require- (4) SPECIAL REQUIREMENT FOR INTERSTATE plans. ments of section 204, an employee of the Fed- WATERSHEDS.— (II) INITIAL REPORT.—The initial report eral Government may be detailed to the Of- (A) DEVELOPMENT OF DROUGHT PREPARED- submitted under subparagraph (A) shall in- fice without reimbursement, unless the Sec- NESS PLANS.—In order to receive funds under clude any recommendations of the Council. retary, on the recommendation of the Direc- this subsection to develop drought prepared- (B) FINAL REPORT.—Not later than seven tor of the Office, determines that reimburse- ness plans for interstate watersheds, the years after the date of enactment of this ment is appropriate. guidelines shall also require the relevant

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00210 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.120 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9047 States, Indian tribes, or both, in which the (C) describes mitigation strategies to ad- area, the amount of the premium paid by the watershed is located, to coordinate in the de- dress and reduce the vulnerability of an area Corporation shall be as follows: velopment of the drought preparedness plan. to drought; and ‘‘(A) In the case of additional area cov- The development of such plans shall— (D) are integrated with State, tribal, and erage equal to or greater than 70 percent, but (i) be consistent with the relevant States’ local water plans in existence on the date of less than 75 percent, of the recorded county and Tribal water laws, policies, and agree- enactment of this Act. yield indemnified at not greater than 100 per- ments; (5) REGIONAL AND LOCAL PLANS.—Local gov- cent of the expected market price, the (ii) be consistent and coordinated with any ernments, watershed groups, and regional amount shall be equal to the sum of— existing interstate stream compacts; water providers may develop and implement ‘‘(i) 59 percent of the amount of the pre- (iii) include the participation of any rel- drought preparedness plans that— mium established under subsection evant watershed groups located in the rel- (A) address monitoring of resource condi- (d)(2)(B)(i) for the coverage level selected; evant States, Indian tribes, or both; and tions that are related to drought; and (iv) recognize that implementation of the (B) identify areas that are at a high risk ‘‘(ii) the amount determined under sub- interstate drought preparedness plan will in- for drought; section (d)(2)(B)(ii) for the coverage level se- volve further coordination among the rel- (C) describe mitigation strategies to ad- lected to cover operating and administrative evant States, Indian tribes, or both, except dress and reduce the vulnerability of an area expenses. that each State and Indian tribe has sole ju- to drought; and ‘‘(B) In the case of additional area coverage risdiction over implementation of that por- (D) are integrated with corresponding equal to or greater than 75 percent, but less State plans. tion of the watershed that exists within than 85 percent, of the recorded county yield (6) PLAN ELEMENTS.—A drought prepared- their boundaries. indemnified at not greater than 100 percent ness plan— (B) IMPLEMENTATION OF DROUGHT PRE- of the expected market price, the amount (A) shall be consistent with Federal and PAREDNESS PLANS.—In order to receive funds shall be equal to the sum of— State laws, contracts, and policies; under this subsection to implement drought ‘‘(i) 55 percent of the amount of the pre- (B) shall allow each State to continue to preparedness plans for interstate watersheds, mium established under subsection manage water and wildlife in the State; the guidelines shall also require, to the ex- (d)(2)(B)(i) for the coverage level selected; (C) shall address the health, safety, and tent practicable, the relevant States, Indian and tribes, or both, in which the watershed is lo- economic interests of those persons directly affected by drought; ‘‘(ii) the amount determined under sub- cated, to coordinate in the implementation section (d)(2)(B)(ii) for the coverage level se- of the drought preparedness plan, recog- (D) shall address the economic impact on resource-dependent businesses and indus- lected to cover operating and administrative nizing the sovereignty of the States and In- expenses. dian tribes. Implementation of interstate tries, including regional tourism; (E) may include— ‘‘(C) In the case of additional area coverage drought preparedness plans shall— equal to or greater than 85 percent, but less (i) be contingent upon the existence of a (i) provisions for water management strat- egies to be used during various drought or than 90 percent, of the recorded county yield drought preparedness plan, but not require indemnified at not greater than 100 percent the distribution of funds to all States and In- water shortage thresholds, consistent with State water law; of the expected market price, the amount dian tribes in which the watershed is lo- (ii) provisions to address key issues relat- shall be equal to the sum of— cated; ing to drought (including public health, safe- ‘‘(i) 49 percent of the amount of the pre- (ii) consider the level of impact within the ty, economic factors, and environmental mium established under subsection watershed on each of the relevant States, In- issues such as water quality, water quantity, (d)(2)(B)(i) for the coverage level selected; dian tribes, or both; and protection of threatened and endangered spe- and (iii) not impede on State water rights es- cies, and fire management); ‘‘(ii) the amount determined under sub- tablished as of the date of enactment of this (iii) provisions that allow for public par- section (d)(2)(B)(ii) for the coverage level se- Act. ticipation in the development, adoption, and lected to cover operating and administrative (j) DROUGHT PREPAREDNESS PLANS.— implementation of drought plans; expenses. (1) IN GENERAL.—The Secretary shall— (iv) provisions for periodic drought exer- ‘‘(D) In the case of additional area cov- (A) with the concurrence of the Council, cises, revisions, and updates; erage equal to or greater than 90 percent of jointly develop guidelines for administering (v) a hydrologic characterization study to the recorded county yield indemnified at not a national program to provide technical and determine how water is being used during greater than 100 percent of the expected mar- financial assistance to States, Indian tribes, times of normal water supply availability to ket price, the amount shall be equal to the local governments, watershed groups, and anticipate the types of drought mitigation sum of— critical service providers for the develop- actions that would most effectively improve ‘‘(i) 44 percent of the amount of the pre- ment, maintenance, and implementation of water management during a drought; mium established under subsection drought preparedness plans; and (vi) drought triggers; (d)(2)(B)(i) for the coverage level selected; (B) promulgate the guidelines developed (vii) specific implementation actions for and under subparagraph (A). droughts; ‘‘(ii) the amount determined under sub- (2) REQUIREMENTS.—To build on the experi- (viii) a water shortage allocation plan, section (d)(2)(B)(ii) for the coverage level se- ence and avoid duplication of efforts of Fed- consistent with State water law; and lected to cover operating and administrative eral, State, local, tribal, and regional (ix) comprehensive insurance and financial expenses. drought plans in existence on the date of en- strategies to manage the risks and financial ‘‘(7) PREMIUM SUBSIDY FOR AREA YIELD actment of this Act, the guidelines may rec- impacts of droughts; and PLANS.—Subject to paragraph (4), in the case ognize and incorporate those plans. (F) shall take into consideration— of a policy or plan of insurance that covers (3) FEDERAL PLANS.— (i) the financial impact of the plan on the losses due to a loss of yield or prevented (A) IN GENERAL.—The Secretary and other ability of the utilities to ensure rate sta- planting in an area, the amount of the pre- appropriate Federal agency heads shall de- bility and revenue stream; and mium paid by the Corporation shall be as fol- velop and implement Federal drought pre- (ii) economic impacts from water short- lows: paredness plans for agencies under the juris- ages. ‘‘(A) In the case of additional area cov- diction of the appropriate Federal agency (k) AUTHORIZATION OF APPROPRIATIONS.— erage equal to or greater than 70 percent, but head. (1) COUNCIL.—There is authorized to be ap- less than 80 percent, of the recorded county (B) REQUIREMENTS.—The Federal plans— propriated to carry out the activities of the yield indemnified at not greater than 100 per- (i) shall be integrated with each other; Council $2,000,000 for fiscal year 2008 and for cent of the expected market price, the (ii) may be included as components of each of the subsequent seven fiscal years. amount shall be equal to the sum of— other Federal planning requirements; (2) FUND.—There are authorized to be ap- ‘‘(i) 59 percent of the amount of the pre- (iii) shall be integrated with drought pre- propriated to the Fund such sums as are nec- mium established under subsection paredness plans of State, tribal, and local essary to carry out subsection (i). (d)(2)(B)(i) for the coverage level selected; governments that are affected by Federal SEC. 11014. PAYMENT OF PORTION OF PREMIUM and projects and programs; and FOR AREA REVENUE PLANS. ‘‘(ii) the amount determined under sub- (iv) shall be completed not later than two Section 508(e) of the Federal Crop Insur- section (d)(2)(B)(ii) for the coverage level se- years after the date of the enactment of this ance Act (7 U.S.C. 1508(e)) is amended— lected to cover operating and administrative Act. (1) in paragraph (2), in the matter pre- expenses. (4) STATE AND TRIBAL PLANS.—States and ceding subparagraph (A), by striking ‘‘para- ‘‘(B) In the case of additional area coverage Indian tribes may develop and implement graph (4)’’ and inserting ‘‘paragraphs (4), (6), equal to or greater than 80 percent, but less State and tribal drought preparedness plans and (7)’’; and than 90 percent, of the recorded county yield that— (2) by adding at the end the following: indemnified at not greater than 100 percent (A) address monitoring of resource condi- ‘‘(6) PREMIUM SUBSIDY FOR AREA REVENUE of the expected market price, the amount tions that are related to drought; PLANS.—Subject to paragraph (4), in the case shall be equal to the sum of— (B) identify areas that are at a high risk of a policy or plan of insurance that covers ‘‘(i) 55 percent of the amount of the pre- for drought; losses due to a reduction in revenue in an mium established under subsection

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00211 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.120 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9048 CONGRESSIONAL RECORD — HOUSE July 30, 2007 (d)(2)(B)(i) for the coverage level selected; Redesignate sections 11308, 11309, and 11310 curred under, or affected by, the discrimina- and as sections 11307, 11308, and 11309, respec- tion that is the subject of the person’s com- ‘‘(ii) the amount determined under sub- tively. plaint, and a tax payment in the amount section (d)(2)(B)(ii) for the coverage level se- Page 739, line 24, strike ‘‘teach’’ and insert equal to 25 percent of the liquidated damages lected to cover operating and administrative ‘‘each’’. and loan principal discharged, in which expenses. At the end of title XI, add the following case— ‘‘(C) In the case of additional area coverage new sections: (1) if only such damages, debt discharge, equal to or greater than 90 percent, of the re- SEC. 11310. SENSE OF CONGRESS REGARDING and tax payment are sought, the complain- corded county yield indemnified at not FOOD DESERTS, GEOGRAPHICALLY ant shall be able to prove his or her case by greater than 100 percent of the expected mar- ISOLATED NEIGHBORHOODS AND substantial evidence; and ket price, the amount shall be equal to the COMMUNITIES WITH LIMITED OR NO (2) the court shall decide the case based on ACCESS TO MAJOR CHAIN GROCERY sum of— STORES. a review of documents submitted by the ‘‘(i) 51 percent of the amount of the pre- It is the sense of Congress that the Sec- complainant and defendant relevant to the mium established under subsection retary of Agriculture, in conjunction with issues of liability and damages. (d)(2)(B)(i) for the coverage level selected; the National Institutes of Health, the Cen- (f) LIMITATION ON FORECLOSURES.—The Sec- and ters for Disease Control, the Institute of retary of Agriculture may not begin accel- ‘‘(ii) the amount determined under sub- Medicine and faith-based organizations, eration on or foreclosure of a loan if a bor- section (d)(2)(B)(ii) for the coverage level se- should— rower is a Pigford claimant and, in an appro- lected to cover operating and administrative (1) conduct a national assessment of food priate administrative proceeding, makes a expenses.’’. deserts in the United States, namely those prima facie case that the foreclosure is re- Page 715, strike lines 13 through 25 and in- geographically isolated neighborhoods and lated to a Pigford claim. sert the following: (g) DEFINITIONS.—In this Act— communities with limited or no access to ‘‘(A) UNITED STATES COUNTRY OF ORIGIN.—A (1) the term ‘‘Pigford claimant’’ means an major-chain grocery stores; and retailer of a covered commodity that is beef, individual who previously submitted a late- (2) develop recommendations for elimi- lamb, pork, or goat may designate the cov- filing request under section 5(g) of the con- nating food deserts. ered commodity as exclusively having a sent decree in the case of Pigford v. Glick- United States country of origin only if the SEC. 11311. PIGFORD CLAIMS. man, approved by the United States District covered commodity is derived from an ani- (a) IN GENERAL.—Any Pigford claimant Court for the District of Columbia on April mal that was— who has not previously obtained a deter- 14, 1999; and ‘‘(i) exclusively born, raised, and slaugh- mination on the merits of a Pigford claim (2) the term ‘‘Pigford claim’’ means a dis- tered in the United States; may, in a civil action, obtain that deter- crimination complaint, as defined by section ‘‘(ii) born and raised in Alaska or Hawaii mination. 1(h) of that consent decree and documented (b) LIMITATION.—Notwithstanding any and transported for a period of not more under section 5(b) of that consent decree. other provision of law— than 60 days through Canada to the United (h) FUNDING.—Of the funds of the Com- (1) All payments or debt relief (including States and slaughtered in the United States; modity Credit Corporation, the Secretary any limitation on foreclosure under sub- or shall make available $100,000,000 for fiscal section (f)) made pursuant to an action com- ‘‘(iii) present in the United States on or be- year 2008, to remain available until ex- menced under subsection (a) shall be made fore January 1, 2008.’’. pended, for payments and debt relief in satis- Page 718, strike lines 16 through 22 and in- exclusively from funds made available pursu- faction of claims against the United States sert the following: ant to subsection (h), Provided that the total under subsection (a), and for any actions ‘‘(4) DESIGNATION OF COUNTRY OF ORIGIN FOR amount of payments and debt relief pursuant made pursuant to subsection (f). PERISHABLE AGRICULTURAL COMMODITIES AND to an action commenced under subsection (a) shall not exceed $100,000,000; and, SEC. 11312. COMPTROLLER GENERAL STUDY OF PEANUTS.— WASTEWATER INFRASTRUCTURE ‘‘(A) IN GENERAL.—A retailer of a covered (2) In no event may such payments or debt NEAR UNITED STATES-MEXICO BOR- commodity that is a perishable agricultural relief be made from the Judgement Fund es- DER. commodity or peanut may designate the cov- tablished by 31 U.S.C. 1304. The Comptroller General shall conduct a ered commodity as having a United States (c) INTENT OF CONGRESS AS TO REMEDIAL study of the state of wastewater infrastruc- country of origin only if the covered com- NATURE OF SECTION.—It is the intent of Con- ture in rural communities within 150 miles of modity is exclusively produced in the United gress that this section be liberally construed the United States-Mexico border to deter- States. so as to effectuate its remedial purpose of mine what the Federal Government can do giving a full determination on the merits for ‘‘(B) STATE, REGION, LOCALITY OF THE to assist border rural communities in bring- each Pigford claim denied that determina- UNITED STATES.—With respect to a covered ing wastewater infrastructure up to date. commodity that is a perishable agricultural tion. Page 189, line 8, strike ‘‘1,000,000’’ and in- OAN DATA.— commodity produced exclusively in the (d) L sert ‘‘1,340,000’’. (1) REPORT TO PERSON SUBMITTING PETI- United States, designation by a retailer of Strike section 3005 (relating to McGovern- TION.—Not later than 60 days after the Sec- the State, region, or locality of the United Dole International Food for Education and retary of Agriculture receives notice of a States where such commodity was produced Child Nutrition Program) and insert the fol- complaint filed by a claimant under sub- shall be sufficient to identify the United lowing: section (a), the Secretary shall provide to States as the country of origin.’’; and SEC. 3005. REAUTHORIZATION OF MCGOVERN- Page 720, line 22 strike ‘‘; and’’ and insert the claimant a report on farm credit loans DOLE INTERNATIONAL FOOD FOR ‘‘.’’. made within the claimant’s county or adja- EDUCATION AND CHILD NUTRITION Page 720, strike line 23 and all that follows cent county by the Department during the PROGRAM. through page 721, line 9. period beginning on January 1 of the year (a) ADMINISTRATION OF PROGRAM.—Section Page 724, line 11, strike ‘‘farmers and preceding the year or years covered by the 3107 of the Farm Security and Rural Invest- rancher’’ and insert ‘‘farmers and ranchers’’. complaint and ending on December 31 of year ment Act of 2002 (7 U.S.C. 1736o-1) is amend- Page 725, beginning line 8, strike clause (ii) following such year or years. Such report ed— regarding matching funds. shall contain information on all persons (1) in subsection (d), in the matter pre- Page 727, beginning line 8, strike sub- whose application for a loan was accepted, ceding paragraph (1), by striking ‘‘The Presi- section (b). including— dent shall designate 1 or more Federal agen- Page 733, line 22, strike ‘‘and’’. (A) the race of the applicant; cies to’’ and inserting ‘‘The Secretary shall’’; Page 734, line 2, strike the period and in- (B) the date of application; (2) in subsection (f)(2), in the matter pre- sert ‘‘; and’’. (C) the date of the loan decision; ceding subparagraph (A), by striking ‘‘imple- Page 734, after line 2, insert the following: (D) the location of the office making the menting agency’’ and inserting ‘‘Secretary’’; (3) the coordination of the outreach activi- loan decision; and and ties among the various agencies within the (E) all data relevant to the process of de- (3) in subsections (c)(2)(B), (f)(1), (h)(1) and Department. ciding on the loan. (2), and (i), by striking ‘‘President’’ each (c) REPORT.—After the relocation described in this section is completed, the Secretary (2) NO PERSONALLY IDENTIFIABLE INFORMA- place it appears and inserting ‘‘Secretary’’. shall submit to Congress a report that in- TION.—The reports provided pursuant to (b) FUNDING.—Section 3107(l) of the Farm cludes information describing the new loca- paragraph (1) shall not contain any informa- Security and Rural Investment Act of 2002 (7 tion of the program. tion that would identify any person that ap- U.S.C. 1736o-1(l)) is amended— Page 734, line 23, strike ‘‘and’’. plied for a loan from the Department of Agri- (1) by striking paragraphs (1) and (2) and Page 735, line 2, strike the period and in- culture. inserting the following: sert ‘‘; and’’. (e) EXPEDITED RESOLUTIONS AUTHORIZED.— ‘‘(1) USE OF COMMODITY CREDIT CORPORATION Page 735, beginning line 2, insert the fol- Any person filing a complaint under this Act FUNDS.—Of the funds of the Commodity Cred- lowing new paragraph: for discrimination in the application for, or it Corporation, the Secretary shall use to (7) review ongoing efforts toward outreach making or servicing of, a farm loan, at his or carry out this section— in the agencies and programs of the Depart- her discretion, may seek liquidated damages ‘‘(A) $0 for fiscal year 2008; ment. of $50,000, discharge of the debt that was in- ‘‘(B) $140,000,000 for fiscal year 2009;

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00212 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.120 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9049 ‘‘(C) $170,000,000 for fiscal year 2010; (C) shall apply only to production of oil or (B) the factor calculated in subsection (c). ‘‘(D) $230,000,000 for fiscal year 2011; gas occurring— (c) CALCULATION.—In carrying out sub- ‘‘(E) $300,000,000 for fiscal year 2012; and (i) in any calendar year in which the arith- section (b), the Secretary of the Interior ‘‘(F) $0 for fiscal year 2013.’’; metic average of the daily closing prices for shall calculate the appropriate factor by di- (2) by redesignating paragraph (3) as para- light sweet crude oil on the New York Mer- viding the amount calculated under sub- graph (2); and cantile Exchange (NYMEX) exceeds $34.73 per section (a) for the fiscal year by the amount (3) in paragraph (2) (as redesignated by barrel for oil and $4.34 per million Btu for calculated under subsection (a) for fiscal paragraph (2)), by striking ‘‘any Federal gas in 2005 dollars; and year 2012. agency implementing or assisting’’ and in- (ii) on or after October 1, 2006. Page 667, line 16, strike ‘‘2’’ and insert serting ‘‘the Department of Agriculture or (3) TREATMENT OF RECEIPTS.—Amounts re- ‘‘2.9’’. any other Federal agency assisting’’. ceived by the United States as fees under f Strike section 11001. this subsection shall be treated as offsetting At the end of subtitle A of title XI add the receipts. LEAVE OF ABSENCE following new section: (b) COVERED LEASE DEFINED.—In this sec- SEC. 1101l. SHARE OF RISK. tion the term ‘‘covered lease’’ means a lease By unanimous consent, leave of ab- (a) IN GENERAL.—Section 508(k)(3) of the for oil or gas production in the Gulf of Mex- sence was granted to: Federal Crop Insurance Act (7 U.S.C. ico that is— Ms. SUTTON (at the request of Mr. 1508(k)(3)) is amended— (1) in existence on the date of enactment of HOYER) for today. (1) by striking ‘‘require the’’ and inserting this Act; Mr. MCNULTY (at the request of Mr. ‘‘require— (2) issued by the Department of the Inte- HOYER) for today and until 2:00 p.m. ‘‘(A) the’’; rior under section 304 of the Outer Conti- (2) by striking the period at the end and in- nental Shelf Deep Water Royalty Relief Act July 31 on account of travel delays re- serting ‘‘; and’’; and (43 U.S.C. 1337 note; Public Law 104–58); and lated to weather. (3) by adding at the end the following: (3) not subject to limitations on royalty re- Mr. HAYES (at the request of Mr. ‘‘(B)(i) the cumulative underwriting gain lief based on market price that are equal to BOEHNER) for today on account of ill- or loss, and the associated premium and or less than the price thresholds described in ness in the family. losses with such amount, calculated under clauses (v) through (vii) of section 8(a)(3)(C) any reinsurance agreement (except live- of the Outer Continental Shelf Lands Act (43 f stock) ceded to the Corporation by each ap- U.S.C. 1337(a)(3)(C)). SPECIAL ORDERS GRANTED proved insurance provider to be not less than SEC. 12002. REPEAL OF CERTAIN TAXPAYER SUB- 12.5 percent; and SIDIZED ROYALTY RELIEF FOR THE By unanimous consent, permission to ‘‘(ii) the Corporation to pay a ceding com- OIL AND GAS INDUSTRY. address the House, following the legis- mission to reinsured companies of 2 percent (a) REPEAL OF PROVISIONS OF ENERGY POL- lative program and any special orders of the premium used to define the loss ratio ICY ACT OF 2005.—The following provisions of heretofore entered, was granted to: the Energy Policy Act of 2005 (Public Law for the approved insurance provider’s book of (The following Members (at the re- business that is described in clause (i).’’. 109–58) are repealed: (b) CONFORMING AMENDMENTS.—Section (1) Section 344 (42 U.S.C. 15904; relating to quest of Mr. GRIJALVA) to revise and 516(a)(2) of the Federal Crop Insurance Act (7 incentives for natural gas production from extend their remarks and include ex- U.S.C. 1516(a)(2)) is amended by adding at the deep wells in shallow waters of the Gulf of traneous material:) end the following new subparagraph: Mexico). Mr. RUSH, for 5 minutes, today. ‘‘(E) Costs associated with the ceding com- (2) Section 345 (42 U.S.C. 15905; relating to Ms. NORTON, for 5 minutes, today. missions described in section royalty relief for deep water production in Mr. JEFFERSON, for 5 minutes, today. 508(k)(3)(B)(ii).’’. the Gulf of Mexico). Mr. CONYERS, for 5 minutes, today. (c) EFFECTIVE DATE.—This section shall (3) Subsection (i) of section 365 (42 U.S.C. take effect on the first June 30th after the 15924; relating to the prohibition on drilling- Mr. DAVIS of Illinois, for 5 minutes, date of the enactment of this Act. related permit application cost recovery today. At the end of title XI add the following fees). Ms. KILPATRICK, for 5 minutes, today. new section: (b) PROVISIONS RELATING TO PLANNING Mr. LEWIS of Georgia, for 5 minutes, SEC. 113ll. ELIMINATION OF STATUTE OF LIMI- AREAS OFFSHORE ALASKA.—Section 8(a)(3)(B) today. TATIONS APPLICABLE TO COLLEC- of the Outer Continental Shelf Lands Act (43 Mr. TOWNS, for 5 minutes, today. TION OF DEBT BY ADMINISTRATIVE U.S.C. 1337(a)(3)(B)) is amended by striking Mr. BUTTERFIELD, for 5 minutes, OFFSET. ‘‘and in the Planning Areas offshore Alaska’’ (a) ELIMINATION.—Section 3716(e) of title 31, after ‘‘West longitude’’. today. United States Code, is amended to read as (c) PROVISIONS RELATING TO NAVAL PETRO- Mr. AL GREEN of Texas, for 5 min- follows: LEUM RESERVE IN ALASKA.—Section 107 of the utes, today. ‘‘(e)(1) Notwithstanding any other provi- Naval Petroleum Reserves Production Act of Mr. COHEN, for 5 minutes, today. sion of law, regulation, or administrative 1976 (as transferred, redesignated, moved, Mr. PAYNE, for 5 minutes, today. limitation, no limitation on the period with- and amended by section 347 of the Energy Ms. JACKSON-LEE of Texas, for 5 min- in which an offset may be initiated or taken Policy Act of 2005 (119 Stat. 704)) is amend- pursuant to this section shall be effective. ed— utes, today. ‘‘(2) This section does not apply when a (1) in subsection (i) by striking paragraphs Mr. SCOTT of Virginia, for 5 minutes, statute explicitly prohibits using adminis- (2) through (6); and today. trative offset or setoff to collect the claim or (2) by striking subsection (k). Mr. ROTHMAN, for 5 minutes, today. type of claim involved.’’. SEC. 12003. TIME FOR PAYMENT OF CORPORATE Ms. WOOLSEY, for 5 minutes, today. (b) APPLICATION OF AMENDMENT.—The ESTIMATED TAXES. Mr. DEFAZIO, for 5 minutes, today. amendment made by subsection (a) shall Subparagraph (B) of section 401(1) of the Mrs. MCCARTHY of New York, for 5 apply to any debt outstanding on or after the Tax Increase Prevention and Reconciliation date of the enactment of this Act. Act of 2005 is amended by striking ‘‘114.50 minutes, today. At the end of the bill add the following new percent’’ and inserting ‘‘115.75 percent’’. Ms. LEE, for 5 minutes, today. title: Subtitle B—Allocation of Offsets Ms. KAPTUR, for 5 minutes, today. TITLE XII—ADDITIONAL OFFSETS OURTNEY SEC. 12011. REPORT ON FUNDS; RATE OF FED- Mr. C , for 5 minutes, today. Subtitle A—Conservation of Resources Fees ERAL CROP INSURANCE. (The following Members (at the re- and Repeal of Royalty Relief (a) REPORT.—Not later than the September quest of Ms. FOXX) to revise and extend SEC. 12001. CONSERVATION OF RESOURCES FEES. 15 preceding each fiscal year, the Secretary their remarks and include extraneous (a) CONSERVATION OF RESOURCES FEES.— of the Interior shall report to the Secretary material:) (1) IN GENERAL.—Not later than 60 days of Agriculture the total amount expected to Mr. GOHMERT, for 5 minutes, today, after the date of enactment of this Act, the be received in the fiscal year as a result of July 31, August 1, and 2. Secretary of the Interior by regulation shall the changes in subtitle A. establish a conservation of resources fee for (b) RATE.— Notwithstanding section Ms. FOXX, for 5 minutes, today. producing Federal oil and gas leases in the 508(k)(4)(A)(ii) of the Federal Crop Insurance f Gulf of Mexico. Act (7 U.S.C. 1508(k)(4)(A)(ii)), the reimburse- (2) FEE TERMS.—The fee under paragraph ment rate established for each of the reinsur- ADJOURNMENT (1)— ance years 2012 through 2017 shall be the less- Mr. BURGESS. Madam Speaker, I (A) subject to subparagraph (C), shall apply er of— to covered leases that are producing leases; (1) the rate established in such section; and move that the House do now adjourn. (B) shall be set at $9 per barrel for oil and (2) the product of— The motion was agreed to; accord- $1.25 per million Btu for gas, respectively, in (A) the rate established in such section; ingly (at 11 o’clock and 59 minutes 2005 dollars; and and p.m.), under its previous order, the

VerDate Aug 31 2005 01:33 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00213 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.120 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9050 CONGRESSIONAL RECORD — HOUSE July 30, 2007 House adjourned until tomorrow, Tues- 2731. A letter from the Principal Deputy 2740. A letter from the Chief of Staff, Media day, July 31, 2007, at 9 a.m., for morn- Associate Administration, Environmental Bureau, Federal Communications Commis- ing-hour debate. Protection Agency, transmitting the Agen- sion, transmitting the Commission’s final cy’s final rule — Approval and Promulgation rule — In the Matter of Amendment of Sec- EXECUTIVE COMMUNICATIONS, of Implementation Plans; Implementation tion 73.202(b), Table of Allotments, FM ETC. Plan Revision; State of New Jersey [Docket Broadcast Stations. (Fredericksburg, Con- No. EPA-R02-OAR-2006-0162, FRL-8444-9] re- verse, Flatonia, Georgetown, Ingram, Lake Under clause 8 of rule XII, executive ceived July 25, 2007, pursuant to 5 U.S.C. way, Lagos Vista, Llano, McQueen, communications were taken from the 801(a)(1)(A); to the Committee on Energy and Nolensville, San Antonio, and Waco, Texas) Speaker’s table and referred as follows: Commerce. Amendment of Section 73.202(b), Table of Al- 2732. A letter from the Principal Deputy 2723. A letter from the Assistant General lotments, FM Broadcast Stations. (Llano, Associate Administrator, Environmental Counsel for Regulatory Services, Depart- Junction and Goldthwaite, Texas) [MB Dock- Protection Agency, transmitting the Agen- ment of Education, transmitting the Depart- et No. 05-112 RM-11185 RM-11374 MB Docket cy’s final rule — Approval and Promulgation ment’s final rule — Special Demonstration No. 05-151 RM-11222 RM-11258] received July of Air Quality Implementation Plans; Mary- Programs-Model Demonstration Projects to 25, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to land; Clarification of Visible Emission Ex- Improve the Postsecondary and Employment the Committee on Energy and Commerce. ceptions [EPA-R03-OAR-2005-MD-0002; FRL- Outcomes of Youth with Disabilities — re- 2741. A letter from the Chief of Staff, Media 8447-6] received July 25, 2007, pursuant to 5 ceived July 25, 2007, pursuant to 5 U.S.C. Bureau, Federal Communications Commis- U.S.C. 801(a)(1)(A); to the Committee on En- 801(a)(1)(A); to the Committee on Education sion, transmitting the Commission’s final ergy and Commerce. rule — In the Matter of Amendment Section and Labor. 2733. A letter from the Principal Deputy 2724. A letter from the Assistant General 73.202(b), Table of Allotments, FM Broadcast Associate Administrator, Environmental Stations. (Redding, Cottonwood, and Shasta Counsel for Regulations, Office of General Protection Agency, transmitting the Agen- Counsel, Department of Education, transmit- Lake, California) [MB Docket No. 05-131 RM- cy’s final rule — Approval and Promulgation 11208 RM-11209 RM-11367 RM-11368 RM-11369] ting the Department’s final rule — The Indi- of Implementation Plans; States of Arizona viduals With Disabilities Education Act Pa- received July 25, 2007, pursuant to 5 U.S.C. and Nevada; Interstate Transport of Pollu- 801(a)(1)(A); to the Committee on Energy and perwork Waiver Demonstration Program tion [EPA-R09-OAR-2007-0295 FRL-8443-5] re- (RIN: 1820-ZA42) received July 25, 2007, pursu- Commerce. ceived July 25, 2007, pursuant to 5 U.S.C. 2742. A letter from the Chief, Policy and ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Energy and on Education and Labor. Rules Division, OET, Federal Communica- Commerce. tions Commission, transmitting the Com- 2725. A letter from the Assistant General 2734. A letter from the Principal Deputy mission’s final rule — In the Matter of Wire- Counsel for Regulations Office of General Associate Administrator, Environmental less Operations in the 3650-3700 MHz Band Counsel, Department of Education, transmit- Protection Agency, transmitting the Agen- Rules for Wireless Broadband Services in the ting the Department’s final rule — The Indi- cy’s final rule — Approval of New Jersey’s 3650-3700 MHz Band Additional Spectrum for viduals With Disabilities Education Act Title V Operating Permit Program Revision Unlicensed Devices Below 900 MHz and in the Multi-Year Individualized Education Pro- [Docket No. EPA-R02-OAR-2006-0963, FRL- 3GHz Band [ET Docket No. 04-151 WT Docket gram Demonstration Program (RIN: 1820- 8446-4] received July 25, 2007, pursuant to 5 No. 05-96 ET Docket No. 02-380] received July ZA41) received July 25, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on En- U.S.C. 801(a)(1)(A); to the Committee on Edu- ergy and Commerce. 25, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to cation and Labor. 2735. A letter from the Principal Deputy the Committee on Energy and Commerce. 2743. A letter from the Acting Legal Advi- 2726. A letter from the Assistant General Associate Administrator, Environmental sor/Chief, WTB, Federal Communications Counsel for Regulations Office of General Protection Agency, transmitting the Agen- Commission, transmitting the Commission’s Counsel, Department of Education, transmit- cy’s final rule — Partial Withdrawal of Di- final rule — In the Matter of Sunset of the ting the Department’s final rule — Technical rect Final Rule Revising the California State Cellular Radiotelephone Service Analog Assistance on Data Collection-Technical As- Implementation Plan, San Joaquin Valley Service Requirement and Related Matters sistance Center for Data Collection, Anal- Air Pollution Control District [EPA-R09- [RM No. 11355] received July 25, 2007, pursu- ysis, and Use for Accountability in Special OAR-2007-0236; FRL-8444-3] received July 25, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Education and Early Intervention — received 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. on Energy and Commerce. July 25, 2007, pursuant to 5 U.S.C. 2744. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Education 2736. A letter from the Chief of Staff, Media Bureau, Federal Communications Commis- Civil Rights, Broadcasting Board of Gov- and Labor. ernors, transmitting the Board’s FY 2006 re- 2727. A letter from the Assistant General sion, transmitting the Commission’s final rule — In the Matter of Amendment of Sec- port, pursuant the requirements of section Counsel for Regulations Office of General 203(b) of the Notification and Federal Em- Counsel, Department of Education, transmit- tion 73.202(b), Table of Allotments, FM Broadcast Stations. (Ashland, Greensburg, ployee Antidiscrimination and Retaliation ting the Department’s final rule — Technical Act of 2002 (No Fear Act); to the Committee Assistance on Data Collection-General Su- and Kinsley, Kansas; and Alva, Medford, and Mustang, Oklahoma) [MB Docket No. 06-65 on Oversight and Government Reform. pervision Enhancement Grants — received 2745. A letter from the Acting White House July 25, 2007, pursuant to 5 U.S.C. RM-11320 RM-11335] received June 7, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Liaison, Department of Education, transmit- 801(a)(1)(A); to the Committee on Education ting a report pursuant to the Federal Vacan- and Labor. mittee on Energy and Commerce. 2737. A letter from the Chief of Staff, Media cies Reform Act of 1998; to the Committee on 2728. A letter from the Assistant General Bureau, Federal Communications Commis- Oversight and Government Reform. Counsel for Regulations, Department of Edu- sion, transmitting the Commission’s final 2746. A letter from the Associate General cation, transmitting the Department’s final rule — In the matter of Amendment of Sec- Counsel for General Law, Department of rule — National Institute on Disability and tion 73.202(b) FM Table of Allotments, FM Homeland Security, transmitting a report Rehabilitation Research-Disability and Re- Broadcast Stations. (Broken Bow and pursuant to the Federal Vacancies Reform habilitation Research Projects and Centers Millerton, Oklahoma) [MB Docket No. 05-328 Act of 1998; to the Committee on Oversight Program-Rehabilitation Research and Train- RM-10577 RM-11343 RM-11344] received June and Government Reform. ing Centers (RRTCs) — received July 23, 2007, 7, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to 2747. A letter from the Associate General pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on Energy and Commerce. Counsel for General Law, Department of mittee on Education and Labor. 2738. A letter from the Chief of Staff, Media Homeland Security, transmitting a report 2729. A letter from the Assistant Secretary Bureau, Federal Communications Commis- pursuant to the Federal Vacancies Reform for Special Education and Rehabilitative sion, transmitting the Commission’s final Act of 1998; to the Committee on Oversight Services, Department of Education, trans- rule — In the Matter of Amendment of Sec- and Government Reform. mitting the Department’s final rule — Tech- tions 73.62 and 73.1350 of the Commission’s 2748. A letter from the Chief Financial Offi- nical Assistance on Data Collection—General Rules [MB Docket No. 03-151] received July cer, Department of Housing and Urban De- Supervision Enhancement Grants — received 25, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to velopment, transmitting the Department’s July 25, 2007, pursuant to 5 U.S.C. the Committee on Energy and Commerce. Fiscal Year 2006 Inventory of Inherently 801(a)(1)(A); to the Committee on Education 2739. A letter from the Chief of Staff, Media Governmental and Commercial Activities, as and Labor. Bureau, Federal Communications Commis- required by OMB Circular A-76 and the Fed- 2730. A letter from the Director, Regula- sion, transmitting the Commission’s final eral Activities Inventory Reform Act of 1998; tions Policy and Mgmt. Staff, Department of rule — In the Matter of Amendment of Sec- to the Committee on Oversight and Govern- Health and Human Services, transmitting tion 73.202(b), FM Table of Allotments, FM ment Reform. the Department’s final rule — Orthopedic Broadcast Stations. (Akron, Colorado) Re- 2749. A letter from the General Counsel, Devices; Reclassification of the classification of License of Station Department of Housing and Urban Develop- Intervertebral Body Fusion Device [Docket KRFX(FM), Denver, Colorado [MB Docket ment, transmitting a report pursuant to the No. 2006N-0019) received July 3, 2007, pursu- No. 05-102 RM-10630] received July 25, 2007, Federal Vacancies Reform Act of 1998; to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Oversight and Government on Energy and Commerce. mittee on Energy and Commerce. Reform.

VerDate Aug 31 2005 01:54 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00214 Fmt 7634 Sfmt 0634 E:\CR\FM\K30JY7.270 H30JYPT2 bajohnson on PRODPC60 with HOUSE July 30, 2007 CONGRESSIONAL RECORD — HOUSE H9051 2750. A letter from the Deputy White House cies Reform Act of 1998; to the Committee on cy’s final rule — Withdrawal of Federal Ma- Liaison, Department of Justice, transmit- Oversight and Government Reform. rine Aquatic Life Water Quality Criteria For ting a report pursuant to the Federal Vacan- 2767. A letter from the White House Liai- Toxic Pollutants Applicable to Washington cies Reform Act of 1998; to the Committee on son, Department of the Treasury, transmit- State [EPA-HQ-OW-2007-0467; FRL-8337-2] Oversight and Government Reform. ting a report pursuant to the Federal Vacan- (RIN: NA2040) received July 3, 2007, pursuant 2751. A letter from the Assistant Secretary cies Reform Act of 1998; to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on for Administration and Mgmt., Department Oversight and Government Reform. Transportation and Infrastructure. of Labor, transmitting a report pursuant to 2768. A letter from the White House Liai- 2779. A letter from the Principal Deputy the Federal Vacancies Reform Act of 1998; to son, Department of the Treasury, transmit- Associate Administrator, Environmental the Committee on Oversight and Govern- ting a report pursuant to the Federal Vacan- Protection Agency, transmitting the Agen- ment Reform. cies Reform Act of 1998; to the Committee on cy’s final rule — National Pollutant Dis- 2752. A letter from the Secretary, Depart- Oversight and Government Reform. charge Elimination System-Suspension of ment of Transportation, transmitting the 2769. A letter from the White House Liai- Regulations Establishing Requirements for Department’s annual report for FY 2006 pre- son, Department of the Treasury, transmit- Cooling Water Intake Structures at Phase II pared in accordance with Section 203 of the ting a report pursuant to the Federal Vacan- Existing Facilities [EPA-HQ-OW-2002-0049; Notification and Federal Employee Anti- cies Reform Act of 1998; to the Committee on FRL-8336-9] (RIN: 2040-AD62) received July 3, discrimination and Retaliation Act of 2002 Oversight and Government Reform. 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the (No FEAR Act), Public Law 107-174; to the 2770. A letter from the White House Liai- Committee on Transportation and Infra- Committee on Oversight and Government son, Department of the Treasury, transmit- structure. Reform. ting a report pursuant to the Federal Vacan- 2780. A letter from the Chief, Trade and 2753. A letter from the White House Liai- cies Reform Act of 1998; to the Committee on Commercial Regulations Branch, Depart- son, Department of the Treasury, transmit- Oversight and Government Reform. ment of Homeland Security, transmitting ting a report pursuant to the Federal Vacan- 2771. A letter from the Staff Director, Fed- the Department’s final rule — TECHNICAL cies Reform Act of 1998; to the Committee on eral Election Commission, transmitting the CORRECTION: VOLUNTARY RELIQUIDA- Oversight and Government Reform. Commission’s annual report for FY 2006 pre- TION OF DEEMED LIQUIDATED ENTRIES 2754. A letter from the White House Liai- pared in accordance with the Notification [CBP Dec. 07-62] received July 20, 2007, pursu- son, Department of the Treasury, transmit- and Federal Employee Antidiscrimination ant to 5 U.S.C. 801(a)(1)(A); to the Committee ting a report pursuant to the Federal Vacan- and Retaliation Act of 2002 (No FEAR Act); on Ways and Means. cies Reform Act of 1998; to the Committee on to the Committee on Oversight and Govern- 2781. A letter from the Chief, Publications Oversight and Government Reform. ment Reform. and Regulations, Internal Revenue Service, 2755. A letter from the White House Liai- 2772. A letter from the Director, Office of transmitting the Service’s final rule — Guid- son, Department of the Treasury, transmit- Personnel Management, transmitting the Of- ance under Section 1502; Amendment of ting a report pursuant to the Federal Vacan- fice’s final rule — Veterans’ Preference (RIN: Tacking Rule Requirements of Life-Nonlife cies Reform Act of 1998; to the Committee on 3206-AL33) received July 26, 2007, pursuant to Consolidated Regulations [TD 9342] (RIN: Oversight and Government Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on 1545-BE85) received July 20, 2007, pursuant to 2756. A letter from the White House Liai- Oversight and Government Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on 2773. A letter from the Senior Associate son, Department of the Treasury, transmit- Ways and Means. General Counsel, Office of the Director of ting a report pursuant to the Federal Vacan- 2782. A letter from the Chief, Publications National Intelligence, transmitting a report cies Reform Act of 1998; to the Committee on and Regulations, Internal Revenue Service, pursuant to the Federal Vacancies Reform Oversight and Government Reform. transmitting the Service’s final rule — Sec- Act of 1998; to the Committee on Oversight 2757. A letter from the White House Liai- tion 1274.—-Determination of Issue Price in and Government Reform. son, Department of the Treasury, transmit- the Case of Certain Debt Instruments Issued 2774. A letter from the Chief Administra- ting a report pursuant to the Federal Vacan- for Property (Also Sections 42, 280G, 382, 412, tive Officer, transmitting the quarterly re- cies Reform Act of 1998; to the Committee on 467, 468, 482, 483, 642, 807, 846, 1288, 7520, 7872.) port of receipts and expenditures of appro- Oversight and Government Reform. (Rev. Rul. 2007-50) received July 19, 2007, pur- priations and other funds for the period April 2758. A letter from the White House Liai- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1, 2007 through June 30, 2007 as compiled by son, Department of the Treasury, transmit- mittee on Ways and Means. the Chief Administrative Officer, pursuant to ting a report pursuant to the Federal Vacan- 2783. A letter from the Chief, Publications 2 U.S.C. 104a; (H. Doc. No. 110–52); to the cies Reform Act of 1998; to the Committee on and Regulations, Internal Revenue Service, Committee on House Administration and or- Oversight and Government Reform. transmitting the Service’s final rule — 2759. A letter from the White House Liai- dered to be printed. Treatment of Excess Loss Accounts [TD 9341] son, Department of the Treasury, transmit- 2775. A letter from the Deputy Assistant (RIN: 1545-BE87) received July 19, 2007, pursu- ting a report pursuant to the Federal Vacan- Administrator for Regulatory Programs, ant to 5 U.S.C. 801(a)(1)(A); to the Committee cies Reform Act of 1998; to the Committee on NMFS, National Oceanic and Atmospheric on Ways and Means. Oversight and Government Reform. Administration, transmitting the Adminis- 2784. A letter from the Regulations Coordi- 2760. A letter from the White House Liai- tration’s final rule — Fisheries of the North- nator, Department of Health and Human son, Department of the Treasury, transmit- eastern United States; Regulatory Amend- Services, transmitting the Department’s ting a report pursuant to the Federal Vacan- ment to Modify Recordkeeping and Report- final rule — Medicare Program; Revised Civil cies Reform Act of 1998; to the Committee on ing and Observer Requirements [Docket No. Money Penalties, Assessments, Exclusions, Oversight and Government Reform. 061016268-7080-02; I.D. 100506E] (RIN: 0648- and Related Appeals Procedures [CMS-6146- 2761. A letter from the White House Liai- AU80) received June 7, 2007, pursuant to 5 F] [CMS-6019-F] (RIN: 0938-AM98; 0938-AN48) son, Department of the Treasury, transmit- U.S.C. 801(a)(1)(A); to the Committee on Nat- received July 20, 2007, pursuant to 5 U.S.C. ting a report pursuant to the Federal Vacan- ural Resources. 801(a)(1)(A); jointly to the Committees on cies Reform Act of 1998; to the Committee on 2776. A letter from the Acting Director Of- Energy and Commerce and Ways and Means. Oversight and Government Reform. fice of Sustainable Fisheries, NMFS, Na- 2762. A letter from the White House Liai- tional Oceanic and Atmospheric Administra- f son, Department of the Treasury, transmit- tion, transmitting the Administration’s final ting a report pursuant to the Federal Vacan- rule — Fisheries of the Exclusive Economic REPORTS OF COMMITTEES ON cies Reform Act of 1998; to the Committee on Zone Off Alaska; Yellowfin Sole by Vessels PUBLIC BILLS AND RESOLUTIONS Oversight and Government Reform. Using Trawl Gear in the Bering Sea and Under clause 2 of rule XIII, reports of 2763. A letter from the White House Liai- Aleutian Islands Management Area [Docket son, Department of the Treasury, transmit- No. 070213033-7033-01] (RIN: 0648-XA75) re- committees were delivered to the Clerk ting a report pursuant to the Federal Vacan- ceived July 3, 2007, pursuant to 5 U.S.C. for printing and reference to the proper cies Reform Act of 1998; to the Committee on 801(a)(1)(A); to the Committee on Natural calendar, as follows: Oversight and Government Reform. Resources. [Omitted from the Record of July 27, 2007] 2764. A letter from the White House Liai- 2777. A letter from the Assistant Adminis- Mr. FILNER: Committee on Veterans’ Af- son, Department of the Treasury, transmit- trator for Fisheries, NMFS, National Oce- fairs. H.R. 23. A bill to amend title 46, United ting a report pursuant to the Federal Vacan- anic and Atmospheric Administration, trans- States Code, to provide benefits to certain cies Reform Act of 1998; to the Committee on mitting the Administration’s final rule — individuals who served in the United States Oversight and Government Reform. Fisheries of the Northeastern United States; merchant marine (including the Army 2765. A letter from the White House Liai- Atlantic Sea Scallop Fishery; Amendment 13 Transport Service and the Naval Transport son, Department of the Treasury, transmit- [Docket No. 070322065-7114-02; I.D. 030607C] Service) during World War II; with amend- ting a report pursuant to the Federal Vacan- (RIN: 0648-AV39) received July 3, 2007, pursu- ments (Rept. 110–269 Pt. 1). Ordered to be cies Reform Act of 1998; to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee printed. Oversight and Government Reform. on Natural Resources. 2766. A letter from the White House Liai- 2778. A letter from the Principal Deputy [Filed on July 30, 2007] son, Department of the Treasury, transmit- Associate Administrator, Environmental Mr. OBERSTAR: Committee on Transpor- ting a report pursuant to the Federal Vacan- Protection Agency, transmitting the Agen- tation and Infrastructure. H.R. 2722. A bill to

VerDate Aug 31 2005 01:54 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00215 Fmt 7634 Sfmt 0634 E:\CR\FM\L30JY7.000 H30JYPT2 bajohnson on PRODPC60 with HOUSE H9052 CONGRESSIONAL RECORD — HOUSE July 30, 2007 restructure the Coast Guard Integrated [The following actions occurred on July 30, 2007] H.R. 3224. A bill to amend the National Deepwater Program, and for other purposes; Pursuant to clause 2 of rule XII the Com- Dam Safety Program Act to establish a pro- with an amendment (Rept. 110–270). Referred mittees on Education and Labor and Over- gram to provide grant assistance to States to the Committee of the Whole House on the sight and Government Reform discharged for the rehabilitation and repair of deficient State of the Union. from further consideration. H.R. 2347 re- dams; to the Committee on Transportation Mr. RAHALL: Committee on Natural Re- ferred to the Committee of the Whole House and Infrastructure. sources. H.R. 673. A bill to direct the Sec- on the State of the Union and ordered to be By Mr. CASTLE (for himself and Mr. retary of the Interior to take lands in Yuma printed. MOORE of Kansas): County, Arizona, into trust as part of the Pursuant to clause 2 of rule XII the Com- H.R. 3225. A bill to require the Securities reservation of the Cocopah Indian Tribe, and mittee on Education and Labor discharged and Exchange Commission to improve the for other purposes; with amendments (Rept. from further consideration. H. Con. Res. 140 disclosure of fees and expenses of open-end 110–271). Referred to the Committee of the referred to the Committee of the Whole investment companies registered under the Whole House on the State of the Union. House on the Status of the Union and or- Investment Company Act of 1940; to the Mr. RAHALL: Committee on Natural Re- dered to be printed. Committee on Financial Services. sources. H.R. 1696. A bill to amend the Ysleta By Ms. DELAURO (for herself, Mr. f del Sur Pueblo and Alabama and Coushatta LARSON of Connecticut, Mr. MURPHY Indian Tribes of Texas Restoration Act to PUBLIC BILLS AND RESOLUTIONS of Connecticut, Mr. COURTNEY, Mr. allow the Ysleta del Sur Pueblo tribe to de- Under clause 2 of rule XII, public MCDERMOTT, Mr. HINCHEY, and Mr. termine blood quantum requirement for SHAYS): membership in that Tribe (Rept. 110–272). Re- bills and resolutions were introduced H.R. 3226. A bill to enable States to acquire ferred to the Committee of the Whole House and severally referred, as follows: hybrid motor vehicles to satisfy certain fleet on the State of the Union. By Ms. PELOSI (for herself, Mr. HOYER, acquisition requirements; to the Committee Mr. RAHALL: Committee on Natural Re- Mr. CLYBURN, Mr. EMANUEL, Mr. on Energy and Commerce. sources. H.R. 2120. A bill to direct the Sec- LARSON of Connecticut, Ms. By Mr. HASTINGS of Washington (for retary of the Interior to proclaim as reserva- DELAURO, Mr. VAN HOLLEN, Mr. himself, Mr. LARSEN of Washington, tion for the benefit of the Sault Ste. Marie BECERRA, Mr. DINGELL, Mr. RANGEL, Mrs. MCMORRIS RODGERS, and Mr. Tribe of Chippewa Indians a parcel of land Mr. GEORGE MILLER of California, Mr. DICKS): now held in trust by the United States for WAXMAN, Mr. OBERSTAR, Mr. RAHALL, H.R. 3227. A bill to direct the Secretary of that Indian tribe; with an amendment (Rept. Mr. LANTOS, Mr. GORDON, Mr. PETER- the Interior to continue stocking fish in cer- 110–273). Referred to the Committee of the SON of Minnesota, Ms. VELA´ ZQUEZ, tain lakes in the North Cascades National Whole House on the State of the Union. and Mr. MARKEY): Park, Ross Lake National Recreation Area, Mr. RAHALL: Committee on Natural Re- H.R. 3220. A bill moving the United States and Lake Chelan National Recreation Area; sources. H.R. 2863. A bill to authorize the toward greater energy independence and se- to the Committee on Natural Resources. Coquille Indian Tribe of the State of Oregon curity, developing innovative new tech- By Mrs. LOWEY (for herself, Mr. HALL to convey land and interests in land owned nologies, reducing carbon emissions, cre- of New York, Mr. ENGEL, and Mr. by the Tribe; with an amendment (Rept. 110– ating green jobs, protecting consumers, in- HINCHEY): 274). Referred to the Committee of the Whole creasing clean renewable energy production, H.R. 3228. A bill to require the Nuclear House on the State of the Union. and modernizing our energy infrastructure; Regulatory Commission to retain and redis- Mr. RAHALL: Committee on Natural Re- to the Committee on Energy and Commerce, tribute certain amounts collected as fines; to sources. H.R. 2952. A bill to authorize the and in addition to the Committees on Edu- the Committee on Energy and Commerce. Saginaw Chippewa Tribe of Indians of the cation and Labor, Foreign Affairs, Small By Mr. WESTMORELAND (for himself State of Michigan to convey land and inter- Business, Science and Technology, Agri- and Mr. BISHOP of Georgia): H.R. 3229. A bill to require the Secretary of ests in land owned by the Tribe; with an culture, Oversight and Government Reform, the Treasury to mint coins in commemora- amendment (Rept. 110–275). Referred to the Natural Resources, Transportation and In- tion of the legacy of the United States Army Committee of the whole House on the State frastructure, Armed Services, and Ways and Infantry and the establishment of the Na- of the Union. Means, for a period to be subsequently deter- tional Infantry Museum and Soldier Center; Mr. RAHALL: Committee on Natural Re- mined by the Speaker, in each case for con- sources. S. 375. An act to waive application to the Committee on Financial Services. sideration of such provisions as fall within By Ms. ZOE LOFGREN of California: of the Indian Self-Determination and Edu- the jurisdiction of the committee concerned. cation Assistance Act to a specific parcel of H.J. Res. 47. A joint resolution dis- By Ms. PELOSI (for herself, Mr. HOYER, approving the rule submitted to the Congress real property transferred by the United Mr. CLYBURN, Mr. EMANUEL, Mr. States to 2 Indian tribes in the State of Or- by U.S. Citizenship and Immigration Serv- LARSON of Connecticut, Ms. ices on June 6, 2007, relating to adjustment egon, and for other purposes (Rept. 110–276). DELAURO, Mr. VAN HOLLEN, Mr. Referred to the Committee of the Whole of the Immigration and Naturalization Ben- BECERRA, Mr. DINGELL, Mr. RANGEL, efit Application and Petition Fee Schedule; House on the State of the Union. Mr. GEORGE MILLER of California, Mr. Mr. FRANK: Committee on Financial Serv- to the Committee on the Judiciary. WAXMAN, Mr. OBERSTAR, Mr. RAHALL, ices. H.R. 2347. A bill to authorize State and By Mrs. BIGGERT (for herself, Mr. Mr. LANTOS, Mr. GORDON, Mr. PETER- local governments to direct divestiture from, KANJORSKI, Mr. BACHUS, and Mr. SON of Minnesota, Ms. VELA´ ZQUEZ, and prevent investment in, companies with HINOJOSA): and Mr. MARKEY): investments of $20,000,000 or more in Iran’s H. Res. 584. A resolution supporting the H.R. 3221. A bill moving the United States goals and ideals of ‘‘National Life Insurance energy sector, and for other purposes; with toward greater energy independence and se- an amendment. (Rept. 110–277, Pt. 1). Ordered Awareness Month‘‘; to the Committee on curity, developing innovative new tech- Oversight and Government Reform. to be printed. nologies, reducing carbon emissions, cre- Mr. FRANK: Committee on Financial Serv- By Ms. JACKSON-LEE of Texas (for ating green jobs, protecting consumers, in- ices. House Concurrent Resolution 140. Reso- herself, Mr. POE, Ms. EDDIE BERNICE creasing clean renewable energy production, lution recognizing the low presence of mi- JOHNSON of Texas, Mr. LAMPSON, Mr. and modernizing our energy infrastructure; norities in the financial services industry GONZALEZ, Mr. CUELLAR, Mr. GENE to the Committee on Energy and Commerce, and minorities and women in upper level po- GREEN of Texas, Mr. REYES, Mr. and in addition to the Committees on Edu- sitions of management, and expressing the ORTIZ, Mr. DOGGETT, Mr. RODRIGUEZ, cation and Labor, Foreign Affairs, Small sense of the Congress that active measures Mr. BARTON of Texas, Mr. BRADY of Business, Science and Technology, Agri- should be taken to increase the demographic Texas, Mr. CARTER, Mr. NEUGEBAUER, culture, Oversight and Government Reform, diversity of the financial services industry; Mr. THORNBERRY, Mr. HALL of Texas, Natural Resources, Transportation and In- with an amendment (Rept. 110–278, Pt. 1). Or- Mr. MCCAUL of Texas, Ms. GRANGER, frastructure, and Armed Services, for a pe- dered to be printed. Mr. GOHMERT, Mr. HENSARLING, Mr. riod to be subsequently determined by the Mr. MURTHA: Committee on Appropria- PAUL, Mr. CULBERSON, Mr. BURGESS, Speaker, in each case for consideration of tions. H.R. 3222. A bill making appropria- and Mr. LEWIS of Georgia): such provisions as fall within the jurisdic- tions for the Department of Defense for the H. Res. 585. A resolution honoring the ex- tion of the committee concerned. fiscal year ending September 30, 2008, and for traordinary life of legendary reporter, tele- By Mr. ALLEN (for himself and Mrs. other purposes (Rept. 110–279). Referred to vision personality, international humani- CAPPS): the committee of the Whole House on the tarian, and Houston icon Marvin Harold H.R. 3223. A bill to amend the Coastal Zone State of the Union. Zindler, who championed the cause of the Management Act of 1972 to establish a grant economically powerless, politically under- DISCHARGE OF COMMITTEE program to ensure coastal access for com- represented, and physically ill and disabled [Omitted from the Record of July 27, 2007] mercial and recreational fishermen and in Houston, across the nation, and around Pursuant to clause 2 of rule XII the Com- other water-dependent coastal-related busi- the world; to the Committee on Oversight mittee on Ways and Means discharged from nesses, and for other purposes; to the Com- and Government Reform. further consideration. H.R. 23 referred to the mittee on Natural Resources. By Ms. DEGETTE: Committee of the Whole House on the State By Mr. SALAZAR (for himself and Mr. H. Res. 586. A resolution congratulating of the Union and ordered to be printed. KUHL of New York): East High School of Denver, Colorado, on

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winning the 2007 ‘‘We the People: The Citizen New York, Mr. WELCH of Vermont, Ms. Mr. HINOJOSA, Mr. CASTLE, and Mr. SPACE. and the Constitution‘‘ national competition; DEGETTE, Mr. HINOJOSA, Mr. SMITH of Wash- H.R. 2550: Mr. JONES of North Carolina, Mr. to the Committee on Education and Labor. ington, Ms. BORDALLO, Mr. INGLIS of South BOYD of Florida, Mr. YOUNG of Alaska, Mr. By Mr. KILDEE (for himself, Ms. SUT- Carolina, Ms. ROYBAL-ALLARD, Mr. SMITH of ALEXANDER, Ms. CORRINE BROWN of Florida, TON, Ms. KAPTUR, Ms. SCHAKOWSKY, New Jersey, Mr. HOYER, and Mr. BILIRAKIS. and Mr. DEFAZIO. Mr. SHERMAN, Mr. MICHAUD, Mr. H.R. 346: Mr. ROGERS of Alabama. H.R. 2576: Mr. WYNN and Mr. DAVIS of Illi- JONES of North Carolina, Mr. ALLEN, H.R. 471: Mr. MCCAUL of Texas. nois. Mr. GRIJALVA, Mr. HARE, Mr. H.R. 550: Mr. ROTHMAN, Mr. LINCOLN DIAZ- H.R. 2583: Ms. HIRONO and Mr. SNYDER. ELLISON, Ms. SOLIS, Mr. GOODE, Mr. BALART of Florida, Mr. WYNN, and Mr. HALL H.R. 2584: Mr. SNYDER. VISCLOSKY, Mr. BRALEY of Iowa, Mr. of New York. H.R. 2634: Mr. FATTAH and Mr. KUCINICH. OBERSTAR, Ms. WOOLSEY, Ms. LINDA H.R. 551: Mr. ROYCE, Mr. BECERRA, and Mr. H.R. 2677: Mr. KIND. T. SA´ NCHEZ of California, Mr. MOL- FRANK of Massachusetts. H.R. 2715: Ms. HIRONO. LOHAN, Mr. KUCINICH, Mr. LIPINSKI, H.R. 585: Mr. FRANK of Massachusetts. H.R. 2790: Mr. HOLDEN and Ms. BERKLEY. Mr. DEFAZIO, Ms. LEE, Ms. SLAUGH- H.R. 784: Mr. FRANK of Massachusetts. H.R. 2821: Mr. DAVIS of Illinois. TER, Mr. RYAN of Ohio, Mr. FILNER, H.R. 840: Ms. SUTTON. H.R. 2885: Mr. FEENEY. Mr. PALLONE, and Mr. COHEN): H.R. 871: Ms. MATSUI. H.R. 2894: Mr. COHEN, Mr. DAVIS of Illinois, H. Res. 587. A resolution expressing the H.R. 957: Mrs. BLACKBURN, and Ms. ZOE and Mrs. JONES of Ohio. sense of the House of the Representatives LOFGREN of California. H.R. 2924: Ms. CARSON and Ms. HOOLEY. that legislation to renew or grant fast track H.R. 1000: Mrs. CAPPS, Mr. BARROW, Mr. H.R. 2926: Mr. BISHOP of Georgia. trade negotiating authority should not be COOPER, Mr. OBEY, Ms. DELAURO, Mr. HOLT, H.R. 2927: Mr. COBLE, Mr. MCHENRY, Mr. considered by the House of Representatives Mr. MCDERMOTT, Mr. GRIJALVA, and Ms. KLINE of Minnesota, and Mr. PRICE of Geor- in the 110th Congress; to the Committee on BORDALLO. gia. Ways and Means. H.R. 1030: Mr. BOUCHER. H.R. 2934: Mr. LOBIONDO. H.R. 1032: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 2943: Mr. FRANK of Massachusetts, Ms. MEMORIALS fornia. CARSON, and Ms. MATSUI. H.R. 1076: Mr. SPACE, and Mr. GORDON. H.R. 2966: Ms. HIRONO. Under clause 3 of rule XII, memorials H.R. 1125: Mr. BOUSTANY, Mr. BILBRAY, Mr. H.R. 3008: Mr. SPACE. were presented and referred as follows: DANIEL E. LUNGREN of California, Mr. LEWIS H.R. 3010: Ms. SUTTON, Mr. KUCINICH, and 146. The SPEAKER presented a memorial of California, Mr. BACA, Mr. GILCHREST, and Mr. DAVIS of Illinois. of the Senate of the Commonwealth of Penn- Mr. ALEXANDER. H.R. 3026: Mr. LAMBORN, Mr. YOUNG of sylvania, relative to Senate Resolution No. H.R. 1174: Mr. DUNCAN. Alaska, Mr. HUNTER, Mr. SAXTON, Mr. 129 urging members of the Pennsylvania Con- H.R. 1228: Mr. SHIMKUS. MCHUGH, Mr. ROGERS of Alabama, Mr. ED- gressional delegation to support legislation H.R. 1237: Ms. WOOLSEY, Mr. DONNELLY, Mr. WARDS, Mrs. GILLIBRAND, Mr. ROGERS of to repeal Section 1221 of the Energy Policy KILDEE, and Mr. HALL of Texas. Michigan, Mrs. MUSGRAVE, Mrs. BLACKBURN, Act of 2005; jointly to the Committees on the H.R. 1275: Ms. HIRONO and Mr. ABER- Ms. GINNY BROWN-WAITE of Florida, Mr. DAN- Judiciary, Homeland Security, and Oversight CROMBIE. IEL E. LUNGREN of California, Mr. CARTER, and Government Reform. H.R. 1302: Ms. KILPATRICK and Mr. WU. Mr. CONAWAY, Mr. FEENEY, Mr. TIAHRT, Mrs. 147. Also, a memorial of the Senate of the H.R. 1306: Mr. KELLER. CAPITO, Mr. COLE of Oklahoma, Mr. BLUNT, Commonwealth of Pennsylvania, relative to H.R. 1350: Mr. WALSH of New York. Mr. KIRK, Mr. LEWIS of California, Mr. WEST- H.R. 1363: Mr. KLEIN of Florida, Ms. KIL- Senate Resolution No. 126 urging the Penn- MORELAND, Mr. DEAL of Georgia, Mr. MILLER PATRICK, and Mr. DEFAZIO. sylvania Congressional delegation to support of Florida, Mr. WILSON of South Carolina, H.R. 1422: Mrs. MCCARTHY of New York and measures that repeal the REAL ID Act or to Mr. SHUSTER, Mr. MANZULLO, Mr. Mr. STARK. delay its implementation until such time as FORTENBERRY, Mrs. MCMORRIS RODGERS, Mr. H.R. 1464: Mr. SESTAK. sufficient funds are available to adequately CANTOR, Mr. GOHMERT, Mr. TOM DAVIS of Vir- H.R. 1537: Mr. SESTAK. cover the costs of implementation and ginia, Mrs. MILLER of Michigan, and Mr. H.R. 1539: Mr. MILLER of Florida and Mrs. amendment is made to preserve essential DREIER. DRAKE. civil rights and liberties of citizens of this H.R. 3029: Mr. WAXMAN. H.R. 1553: Ms. HIRONO and Mr. HALL of H.R. 3035: Ms. DELAURO, Mr. GINGREY, Mr. country; jointly to the Committees on the Texas. Judiciary, Homeland Security, and Oversight THOMPSON of Mississippi, Mr. FATTAH, Mrs. H.R. 1567: Mr. ACKERMAN, Mr. WU, Ms. and Government Reform. MYRICK, Mr. BISHOP of Georgia, Mr. WOLF, DELAURO , Mr. COHEN, Mr. TOWNS, Ms. KIL- 148. Also, a memorial of the General As- Mr. SOUDER, Mr. OBEY, Mr. ROHRABACHER, PATRICK, Mr. CAPUANO, and Mr. FATTAH. Mr. SMITH of New Jersey, Mrs. NAPOLITANO, sembly of the State of Tennessee, relative to H.R. 1609: Mr. PALLONE and Ms. ZOE Mr. STEARNS, Mr. KIRK, Mr. SNYDER, Mr. Senate Joint Resolution No. 248 opposing the LOFGREN of California. HARE, Mr. HENSARLING, Mr. PASCRELL, Mr. implemenation of the REAL ID Act of 2005; H.R. 1653: Mr. CLAY. PALLONE, Mrs. CHRISTENSEN, Mr. CLAY, and jointly to the Committees on the Judiciary, H.R. 1671: Mr. HOLT. Mr. MORAN of Virginia. Homeland Security, and Oversight and Gov- H.R. 1687: Ms. MATSUI. H.R. 3046: Ms. BORDALLO and Mr. DEFAZIO. ernment Reform. H.R. 1691: Mr. WAXMAN and Ms. DELAURO. H.R. 3062: Ms. BORDALLO, Mr. MEEKS of New H.R. 1713: Ms. DELAURO. f York, Mr. ENGEL, Mr. SIRES, Mrs. H.R. 1721: Mr. KENNEDY. CHRISTENSEN, Mr. CROWLEY, and Mr. HONDA. PRIVATE BILLS AND H.R. 1767: Mr. JORDAN, Mr. BISHOP of Geor- H.R. 3077: Mr. MICA, Mr. DEFAZIO, Mr. RESOLUTIONS gia, and Mr. HALL of Texas. H.R. 1772: Mr. STUPAK. ROHRABACHER, and Ms. SHEA-PORTER. Under clause 3 of rule XII, private H.R. 1783: Mr. COURTNEY, Mr. HASTINGS of H.R. 3087: Ms. HIRONO and Mr. SHAYS. bills and resolutions of the following Florida, Mr. KUHL of New York, Mr. ROTH- H.R. 3089: Mr. BURTON of Indiana and Mr. titles were introduced and severally re- MAN, and Mr. GORDON. YOUNG of Alaska. H.R. 3090: Mr. ENGLISH of Pennsylvania. ferred, as follows: H.R. 1818: Mr. GORDON. H.R. 3099: Ms. BERKLEY. By Mr. CHABOT: H.R. 1843: Mr. MCHUGH. H.R. 1884: Mr. ELLISON. H.R. 3109: Mr. SIMPSON and Mr. BRADY of H.R. 3230. A bill for the relief of Maha Pennsylvania. Dakar; to the Committee on the Judiciary. H.R. 1927: Mr. FRANK of Massachusetts. H.R. 1971: Mr. WEINER. H.R. 3114: Mr. LARSON of Connecticut, Mr. By Mr. LINCOLN DIAZ-BALART of H.R. 2015: Ms. DELAURO, Mr. BAIRD, and ALLEN, Mr. DELAHUNT, Mr. PAYNE, Mr. HIN- Florida: Mr. COOPER. CHEY, Mr. HALL of New York, Mr. PALLONE, H.R. 3231. A bill for the relief of Alejandro H.R. 2060: Mr. YOUNG of Alaska. and Mr. MCGOVERN. Gomez and Juan Sebastian Gomez; to the H.R. 2095: Mr. PERLMUTTER, Mr. BISHOP of H.R. 3123: Mr. PAYNE. Committee on the Judiciary. Georgia, Ms. BALDWIN, and Mr. STARK. H.R. 3132: Mr. CLEAVER, Mr. SIRES, and Ms. f H.R. 2112: Mr. INSLEE. KILPATRICK. H.R. 2131: Mr. DONNELLY and Mr. PAYNE. H.R. 3140: Ms. EDDIE BERNICE JOHNSON of ADDITIONAL SPONSORS H.R. 2188: Mr. BOSWELL. Texas and Mr. BOSWELL. Under clause 7 of rule XII, sponsors H.R. 2274: Mr. SARBANES, and Mr. GORDON. H.R. 3167: Ms. NORTON, Ms. CARSON, Mr. WELCH of Vermont, and Mr. SMITH of Wash- were added to public bills and resolu- H.R. 2295: Mr. BACHUS. H.R. 2343: Mr. EHLERS. ington. tions as follows: H.R. 2373: Mr. WEINER. H.R. 3175: Mr. MORAN of Virginia, Ms. H.R. 176: Ms. NORTON. H.R. 2385: Mr. GORDON. SCHAKOWSKY, and Ms. DELAURO. H.R. 180: Mr. BRADY of Pennsylvania, Ms. H.R. 2449: Ms. MCCOLLUM of Minnesota. H.R. 3195: Mr. BONNER, Mr. SESTAK, Mr. ROS-LEHTINEN, Mr. PASCRELL, Mr. H.R. 2464: Mr. PRICE of North Carolina, Mr. BRADY of Pennsylvania, Mr. HARE, Mr. MOL- MCNERNEY, Mr. LIPINSKI, Mr. DAVIS of Ala- HINOJOSA, and Mr. THOMPSON of California. LOHAN, Mr. KAGEN, Mr. HINCHEY, Mr. ED- bama, Mr. TOWNS, Mr. CLYBURN, Mr. HARE, H.R. 2511: Mr. GERLACH, Mr. ABERCROMBIE, WARDS, and Ms. LINDA T. SA´ NCHEZ of Cali- Ms. ZOE LOFGREN of California, Mr. MEEKs of Mr. PAYNE, Ms. HERSETH SANDLIN, fornia.

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H. Con. Res. 138: Mr. BOREN and Mr. KIL- H.R. 3161 SEC. ll. Appropriations made in this Act DEE. OFFERED BY: MR. GINGREY are hereby reduced in the amount of H. Con. Res. 162: Ms. SCHAKOWSKY. $188,170,000. AMENDMENT NO. 7: Page 4, line 4, after the H. Con. Res. 163: Mrs. LOWEY. H.R. 3161 H. Con. Res. 181: Mr. REYES, Ms. LORETTA dollar amount, insert ‘‘(reduced by $7,090)’’. SANCHEZ of California, Ms. SHEA-PORTER, and H.R. 3161 OFFERED BY: MR. SESSIONS Mr. JONES of North Carolina. OFFERED BY: MR. GINGREY AMENDMENT NO. 19: Page 3, line 9, strike ‘‘: H. Con. Res. 188: Mr. NADLER, Mr. WEINER, AMENDMENT NO. 8: Page 5, line 20, after the Provided’’ and all that follows through and Ms. CASTOR. dollar amount, insert ‘‘(reduced by $239,130)’’. ‘‘budgets for contracting out’’. H. Con. Res. 193: Mr. ROSS, Mr. COURTNEY, Mr. MICHAUD, Mr. ARCURI, and Mr. TANNER. H.R. 3161 H.R. 3161 H. Res. 32: Ms. WATSON, Mr. WEXLER, Mr. OFFERED BY: MR. GINGREY OFFERED BY: MR. SESSIONS SCOTT of Georgia, Mr. PAYNE, and Mr. MIL- AMENDMENT NO. 9: Page 6, line 12, after the AMENDMENT NO. 20: Strike section 727. LER of North Carolina. dollar amount, insert ‘‘(reduced by $39,360)’’. H. Res. 34: Mr. SCOTT of Georgia and Mr. H.R. 3161 MILLER of North Carolina. H.R. 3161 H. Res. 101: Mr. MCGOVERN. OFFERED BY: MR. GINGREY OFFERED BY: MR. UPTON H. Res. 197: Ms. SUTTON. AMENDMENT NO. 10: Page 7, line 6, after the AMENDMENT NO. 21: At the end of the bill H. Res. 238: Mr. SMITH of Washington and dollar amount, insert ‘‘(reduced by $97,200)’’. (before the short title), insert the following: Ms. LEE. SEC. ll. None of the funds made available H. Res. 241: Mr. VAN HOLLEN. H.R. 3161 in this Act may be used to purchase light H. Res. 389: Mr. GRIJALVA, Ms. WOOLSEY, OFFERED BY: MR. GINGREY bulbs unless the light bulbs have the ‘‘EN- Mr. MORAN of Virginia, and Ms. CARSON. AMENDMENT NO. 11: At the end of the bill H. Res. 433: Ms. BORDALLO and Mr. BRADY ERGY STAR’’ or ‘‘Federal Energy Manage- (before the short title), insert the following: ment Program’’ designation. of Pennsylvania. SEC. ll. None of the funds made available H. Res. 457: Mr. TERRY. in this Act may be used to close the office of H.R. 3161 H. Res. 508: Mr. SCOTT of Georgia. the Farm Service Agency located in Cal- H. Res. 548: Mr. HASTINGS of Florida, Mr. OFFERED BY: MS. BORDALLO houn, Georgia. DENT, Ms. SCHAKOWSKY, and Mr. HENSARLING. AMENDMENT NO. 22: Page 11, line 8, after H. Res. 550: Mr. CROWLEY, Mr. DANIEL E. H.R. 3161 the dollar amount, insert ‘‘(reduced by LUNGREN of California, Mr. PERLMUTTER, Mr. OFFERED BY: MR. GINGREY $600,000)’’. SHAYS, Mr. LEWIS of California, Mr. YOUNG of AMENDMENT NO. 12: At the end of the bill Page 12, line 15, after the semicolon, insert Alaska, and Ms. ZOE LOFGREN of California. (before the short title), insert the following: the following: ‘‘for distance education grants H. Res. 557: Mr. BACHUS and Mr. LOBIONDO. SEC. lll. None of the funds made avail- for insular areas under section 1490 of the H. Res. 575: Ms. ROS-LEHTINEN, Ms. MCCOL- able in this Act under the heading ‘‘DOMES- National Agricultural Research, Extension, LUM of Minnesota, and Mr. SCHIFF. TIC FOOD PROGRAMS—Food and Nutrition and Teaching Policy Act of 1977 (7 U.S.C. H. Res. 583: Ms. SCHAKOWSKY, Mr. Service—food stamp program’’ may be used 3362), $800,000;’’. GRIJALVA, and Mr. SMITH of New Jersey. in contravention of section 213A of the Immi- Page 12, line 18, after the dollar amount, f gration and Nationality Act (8 U.S.C. 1183a). insert ‘‘(reduced by $200,000)’’. AMENDMENTS H.R. 3161 H.R. 3161 OFFERED BY: MR. GINGREY Under clause 8 of rule XVIII, pro- OFFERED BY: MR. MCHENRY posed amendments were submitted as AMENDMENT NO. 13: At the end of the bill AMENDMENT NO. 23: Page 33, line 16, after follows: (before the short title), insert the following: SEC. lll. None of the funds made avail- the dollar amount, insert ‘‘(increased by H.R. 3161 able in this Act under the heading ‘‘Special $32,000,000)’’. OFFERED BY: MR. CONAWAY Supplemental Nutrition Program for Page 56, line 19, after the dollar amount, AMENDMENT NO. 1: At the end of the bill Women, Infants, and Children (WIC)’’ may be insert ‘‘(reduced by $32,000,000)’’. (before the short title) insert the following used in contravention of section 213A of the H.R. 3161 (and make such technical and conforming Immigration and Nationality Act (8 U.S.C. changes as may be appropriate): 1183a). OFFERED BY: MR. MCHENRY TITLE VIII—OTHER GENERAL H.R. 3161 AMENDMENT NO. 24: Page 48, line 12, after PROVISIONS the dollar amount, insert ‘‘(increased by OFFERED BY: MR. JORDAN SEC. 801. None of the funds appropriated, or $17,820,000)’’. AMENDMENT NO. 14: At the end of the bill otherwise made available, in this Act may be Page 56, line 19, after the dollar amount, (before the short title), insert the following: used to carry out any amendment to section insert ‘‘(reduced by $17,820,000)’’. SEC. ll. Each amount appropriated or 11(e)(6) of the Food Stamp Act of 1977 (7 otherwise made available by this Act that is H.R. 3161 U.S.C. 2020(e)(6)) made by H.R. 2419 as en- not required to be appropriated or otherwise acted by the 110th Congress. OFFERED BY: MR. MCHENRY made available by a provision of law is here- H.R. 3161 by reduced by 5.5 percent. AMENDMENT NO. 25: At the end of the bill (before the short title), insert the following: OFFERED BY: MR. CONAWAY H.R. 3161 AMENDMENT NO. 2: At the end of the bill SEC. lll. None of the funds appropriated OFFERED BY: MR. KINGSTON (before the short title), insert the following: in this Act under the heading ‘‘DOMESTIC AMENDMENT NO. 15: Strike section 726. FOOD PROGRAMS—Food and Nutrition SEC. ll. It is the sense of the House of Service—food stamp program’’ may be used Representatives that any reduction in the H.R. 3161 in contravention of the Immigration and Na- amount appropriated by this Act achieved as OFFERED BY: MR. KINGSTON tionality Act (8 U.S.C. 1101 et. seq.). a result of amendments adopted by the AMENDMENT NO. 16: Strike section 738. House should be dedicated to deficit reduc- H.R. 3161 H.R. 3161 tion. OFFERED BY: MR. HENSARLING H.R. 3161 OFFERED BY: MR. KINGSTON AMENDMENT NO. 26: Page 48, line 3, after OFFERED BY: MR. GINGREY AMENDMENT NO. 17: At the end of the bill (before the short title), insert the following: the first dollar amount, insert ‘‘(reduced by AMENDMENT NO. 3: Page 2, line 9, after the $5,300,000)’’. dollar amount, insert ‘‘(reduced by $50,050)’’. TITLE VIII—ADDITIONAL GENERAL PROVISIONS H.R. 3161 H.R. 3161 SEC. 801. None of the funds made available OFFERED BY: MR. HENSARLING OFFERED BY: MR. GINGREY in this Act shall be used to pay the salaries AMENDMENT NO. 27: Page 48, line 12, after AMENDMENT NO. 4: Page 2, line 20, after the or expenses of any employee of the Depart- dollar amount, insert ‘‘(reduced by $108,470)’’. the first dollar amount, insert ‘‘(reduced by ment of Agriculture who would require con- $8,910,000)’’. H.R. 3161 tracts to construct renewable energy sys- OFFERED BY: MR. GINGREY tems to be carried out in compliance with H.R. 3161 AMENDMENT NO. 5: Page 3, line 6, after the the provisions of the Davis-Bacon Act. OFFERED BY: MR. HENSAARLING dollar amount, insert ‘‘(reduced by $167,230)’’. H.R. 3161 AMENDMENT NO. 28: Page 33, line 16, after H.R. 3161 OFFERED BY: MR. PRICE OF GEORGIA the first dollar amount, insert ‘‘(reduced by OFFERED BY: MR. GINGREY AMENDMENT NO. 18: At the end of the bill $6,287,000)’’. AMENDMENT NO. 6: Page 3, line 9, after the (before the short title), insert the following Page 33, line 17, after the first dollar dollar amount, insert ‘‘(reduced by $60,760)’’. new section: amount, insert ‘‘(reduced by $6,287,000)’’.

VerDate Aug 31 2005 01:54 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00218 Fmt 7634 Sfmt 0634 E:\CR\FM\A30JY7.098 H30JYPT2 bajohnson on PRODPC60 with HOUSE Monday, July 30, 2007 Daily Digest Senate Code of 1986 to provide tax relief for small busi- Chamber Action nesses. Pages S10212–30, S10303–04 Routine Proceedings, pages S10209–S10338 During consideration of this measure today, Senate Measures Introduced: Eight bills and two resolu- also took the following action: tions were introduced, as follows: S. 1895–1902, and By a unanimous vote of 80 yeas (Vote No. 285), S. Res. 283–284. Page S10313 three-fifths of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the Measures Reported: motion to close further debate on the motion to pro- S. 456, to increase and enhance law enforcement ceed to consideration of the bill. Pages S10226–27 resources committed to investigation and prosecution A unanimous-consent agreement was reached pro- of violent gangs, to deter and punish violent gang viding that at approximately 11 a.m. on Tuesday, crime, to protect law-abiding citizens and commu- July 31, all post-cloture time be considered as hav- nities from violent criminals, to revise and enhance ing been yielded back, the motion to proceed to con- criminal penalties for violent crimes, to expand and sideration of H.R. 976 be agreed to, and Senate improve gang prevention programs, with an amend- begin consideration of the bill; provided further, that ment in the nature of a substitute. Page S10313 the time during the recess, adjournment, and morn- Measures Passed: ing business count post-cloture. Page S10338 Senate Legal Representation: Senate agreed to S. George Howard, Jr., Federal Building and Res. 284, to authorize testimony and legal represen- United States Courthouse—Referral Agreement: tation in City and County of Denver v. Susan I. A unanimous-consent agreement was reached pro- Gomez, Daniel R. Egger, and Carter Merrill. viding that the Committee on Homeland Security Page S10335 and Governmental Affairs be discharged from further consideration of H.R. 2011, to designate the Federal Deceased Member of the Armed Forces Death building and United States courthouse located at Gratuity Payment: Senate agreed to H. Con. Res. 100 East 8th Avenue in Pine Bluff, Arkansas, as the 175, expressing the sense of Congress that courts ‘‘George Howard, Jr., Federal Building and United with fiduciary responsibility for a child of a deceased States Courthouse’’, and the bill was then referred to member of the Armed Forces who receives a death the Committee on Environment and Public Works. gratuity payment under section 1477 of title 10, Page S10338 United States Code, should take into consideration Nominations Received: Senate received the fol- the expression of clear intent of the member regard- lowing nominations: ing the distribution of funds on behalf of the child. 2 Navy nominations in the rank of admiral. Pages S10335–36 Page S10338 Genocide and Violence in Sudan: Senate agreed Messages from the House: Page S10312 to S. Res. 203, calling on the Government of the People’s Republic of China to use its unique influ- Measures Placed on the Calendar: Page S10312 ence and economic leverage to stop genocide and vi- Executive Communications: Pages S10312–13 olence in Darfur, Sudan, after agreeing to the com- Additional Cosponsors: Pages S10313–15 mittee amendment in the nature of a substitute. Statements on Introduced Bills/Resolutions: Pages S10336–38 Pages S10315–19 Measures Considered: Additional Statements: Pages S10311–12 Small Business Tax Relief Act: Senate resumed consideration of the motion to proceed to consider- Amendments Submitted: Pages S10319–20 ation of H.R. 976, to amend the Internal Revenue Notices of Hearings/Meetings: Page S10320 D1081

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Privileges of the Floor: Page S10320 31, 2007. (For Senate’s program, see the remarks of Text of H.R. 1538, as Previously Passed the Acting Majority Leader in today’s Record on Pages S10320–35 page S10338.) Record Votes: One record vote was taken today. (Total—285) Page S10227 Committee Meetings Adjournment: Senate convened at 2 p.m. and ad- (Committees not listed did not meet) journed at 7:24 p.m., until 10 a.m. on Tuesday, July No committee meetings were held.

VerDate Aug 31 2005 03:37 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D30JY7.PT2 D30JYPT2 hmoore on PRODPC68 with HMDIGEST July 30, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1083 House of Representatives $20,000,000 or more in Iran’s energy sector, with an Chamber Action amendment (H. Rept. 110–277, Pt. 1); Public Bills and Resolutions Introduced: 9 public H. Con. Res. 140, recognizing the low presence bills, H.R. 3220–3221, 3223–3229; 2 private bills, of minorities in the financial services industry and H.R. 3230–3231; and 5 resolutions, H.J. Res. 47, minorities and women in upper level positions of and H. Res. 584–587, were introduced. management, and expressing the sense of the Con- Pages H8833–34, H9052–53 gress that active measures should be taken to in- Additional Cosponsors: Pages H8834–35, H9053–54 crease the demographic diversity of the financial Reports Filed: A report was filed on Friday, July services industry, with an amendment (H. Rept. 27th as follows: 110–278, Pt. 1); and H.R. 23, to amend title 46, United States Code, H.R. 3222, making appropriations for the Depart- to provide benefits to certain individuals who served ment of Defense for the fiscal year ending September in the United States merchant marine (including the 30, 2008 (H. Rept. 110–279). Pages H8833, H9051–52 Army Transport Service and the Naval Transport Speaker: Read a letter from the Speaker wherein she Service) during World War II, with amendments appointed Representative Hinojosa to act as Speaker (H. Rept. 110–269, Pt. 1). pro tempore for today. Page H8823 Reports were filed today as follows: Recess: The House recessed at 10:32 a.m. and re- H.R. 2722, to restructure the Coast Guard Inte- convened at noon. Page H8823 grated Deepwater Program, with an amendment (H. Rept. 110–270); Creating the Office of Chief Financial Officer of H.R. 673, to direct the Secretary of the Interior the Government of the Virgin Islands: The House to take lands in Yuma County, Arizona, into trust agreed by unanimous consent to H.R. 2107, to cre- as part of the reservation of the Cocopah Indian ate the Office of Chief Financial Officer of the Gov- Tribe, with an amendment (H. Rept. 110–271); ernment of the Virgin Islands, after discharging from H.R. 1696, to amend the Ysleta del Sur Pueblo committee. Pages H8824–25 and Alabama and Coushatta Indian Tribes of Texas Cocopah Lands Act: The House agreed by unani- Restoration Act to allow the Ysleta del Sur Pueblo mous consent to H.R. 673, amended, to direct the tribe to determine blood quantum requirement for Secretary of the Interior to take lands in Yuma membership in that Tribe (H. Rept. 110–272); County, Arizona, into trust as part of the reservation H.R. 2120, to direct the Secretary of the Interior of the Cocopah Indian Tribe. Pages H8825–26 to proclaim as reservation for the benefit of the Sault Agreed to amend the title so as to read: ‘‘To direct Ste. Marie Tribe of Chippewa Indians a parcel of the Secretary of the Interior to take lands in Yuma land now held in trust by the United States for that County, Arizona, into trust as part of the reservation Indian tribe, with an amendment (H. Rept. of the Cocopah Tribe of Arizona, and for other pur- 110–273); poses.’’. Page H8826 H.R. 2863, to authorize the Coquille Indian Tribe of the State of Oregon to convey land and interests Amending the Ysleta del Sur Pueblo and Ala- in land owned by the Tribe, with an amendment (H. bama and Coushatta Indian Tribes of Texas Res- Rept. 110–274); toration Act: The House agreed by unanimous con- H.R. 2952, to authorize the Saginaw Chippewa sent to H.R. 1696, to amend the Ysleta del Sur Tribe of Indians of the State of Michigan to convey Pueblo and Alabama and Coushatta Indian Tribes of land and interests in land owned by the Tribe, with Texas Restoration Act to allow the Ysleta del Sur an amendment (H. Rept. 110–275); Pueblo tribe to determine blood quantum require- S. 375, to waive application of the Indian Self-De- ment for membership in that Tribe. Page H8826 termination and Education Assistance Act to a spe- Directing the Secretary of the Interior to pro- cific parcel of real property transferred by the United claim as reservation for the benefit of the Sault States to 2 Indian tribes in the State of Oregon (H. Ste. Marie Tribe of Chippewa Indians a parcel of Rept. 110–276); land now held in trust by the United States for H.R. 2347, to authorize State and local govern- that Indian tribe: The House agreed by unanimous ments to direct divestiture from, and prevent invest- consent to H.R. 2120, amended, to direct the Sec- ment in, companies with investments of retary of the Interior to proclaim as reservation for

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Marie Tribe of Chip- Amending chapter 89 of title 5, United States pewa Indians a parcel of land now held in trust by Code, to make individuals employed by the Roo- the United States for that Indian tribe. sevelt Campobello International Park Commis- Pages H8826–27 sion eligible to obtain Federal health insurance: Authorizing the Coquille Indian Tribe of the The House agreed by unanimous consent to S. 1099, State of Oregon to convey land and interests in to amend chapter 89 of title 5, United States Code, land owned by the Tribe: The House agreed by to make individuals employed by the Roosevelt Campobello International Park Commission eligible unanimous consent to H.R. 2863, amended, to au- to obtain Federal health insurance, after discharging thorize the Coquille Indian Tribe of the State of Or- from committee—clearing the measure for the Presi- egon to convey land and interests in land owned by dent. Pages H8830–31 the Tribe. Page H8827 Honoring the 50th anniversary of Stan Hywet Authorizing the Saginaw Chippewa Tribe of In- Hall & Gardens: The House agreed by unanimous dians of the State of Michigan to convey land consent to H. Con. Res. 143, amended, to honor the and interests in land owned by the Tribe: The 50th anniversary of Stan Hywet Hall & Gardens, House agreed by unanimous consent to H.R. 2952, after discharging from committee. Pages H8837–38 amended, to authorize the Saginaw Chippewa Tribe Agreed to amend the title so as to read: ‘‘Hon- of Indians of the State of Michigan to convey land oring National Historic Landmarks.’’. Page H8838 and interests in land owned by the Tribe. Master Sergeant Sean Michael Thomas Post Of- Pages H8827–28 fice Designation Act: The House agreed by unani- Pechanga Band of Luiseno Mission Indians Land mous consent to H.R. 2765, to designate the facility Transfer Act of 2007: The House agreed by unani- of the United States Postal Service located at 44 mous consent to H.R. 2963, to transfer certain land North Main Street in Hughesville, Pennsylvania, as in Riverside County, California, and San Diego the ‘‘Master Sergeant Sean Michael Thomas Post Of- County, California, from the Bureau of Land Man- fice’’, after discharging from committee. Page H8838 agement to the United States to be held in trust for Expressing the sense of the House of Represent- the Pechanga Band of Luiseno Mission Indians, after atives that a National Youth Sports Week discharging from committee. Pages H8828–29 should be established: The House agreed by unani- Waiving application of the Indian Self-Deter- mous consent to H. Res. 442, to express the sense mination and Education Assistance Act to a spe- of the House of Representatives that a National cific parcel of real property transferred by the Youth Sports Week should be established, after dis- United States to 2 Indian tribes in the State of charging from committee. Page H8838 Oregon: The House agreed by unanimous consent to Commending Craig Biggio of the Houston S. 375, to waive application of the Indian Self-Deter- Astros: The House agreed by unanimous consent to mination and Education Assistance Act to a specific H. Res. 501, to commend Craig Biggio of the Hous- parcel of real property transferred by the United ton Astros for reaching 3,000 base hits as a Major States to 2 Indian tribes in the State of Oregon, after League Baseball player and for his outstanding serv- discharging from committee—clearing the measure ice to baseball and the Houston, Texas, region, after for the President. Page H8829 discharging from committee. Pages H8838–39 Elsinore Valley Municipal Water District Waste- Dolph S. Briscoe, Jr., Post Office Building Des- water and Recycled Water Facilities Act of 2007: ignation Act: The House agreed by unanimous con- The House agreed by unanimous consent to H.R. sent to H.R. 2688, to designate the facility of the 31, to amend the Reclamation Wastewater and United States Postal Service located at 103 South Groundwater Study and Facilities Act to authorize Getty Street in Uvalde, Texas, as the ‘‘Dolph S. the Secretary of the Interior to participate in the Briscoe, Jr., Post Office Building’’, after discharging Elsinore Valley Municipal Water District Wildomar from committee. Page H8839 Service Area Recycled Water Distribution Facilities Agreed to amend the title so as to read ‘‘To des- and Alberhill Wastewater Treatment and Reclama- ignate the facility of the United States Postal Service tion Facility Projects. Pages H8829–30 located at 103 South Getty Street in Uvalde, Texas, Recognizing Virginia’s James River as ‘‘Amer- as the ‘Dolph Briscoe, Jr., Post Office Building’.’’ ica’s Founding River’’: The House agreed by unani- Page H8839 mous consent to H. Res. 16, to recognize Virginia’s Acknowledging the progress made and yet to be James River as ‘‘America’s Founding River’’, after made to rebuild the Gulf Coast region after Hur- discharging from committee. Page H8830 ricanes Katrina and Rita: The House agreed by

VerDate Aug 31 2005 03:37 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D30JY7.PT2 D30JYPT2 hmoore on PRODPC68 with HMDIGEST July 30, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1085 unanimous consent to H. Res. 551, to acknowledge elected officials of Taiwan: H. Con. Res. 136, the progress made and yet to be made to rebuild the amended, to express the sense of Congress regarding Gulf Coast region after Hurricanes Katrina and Rita, high level visits to the United States by democrat- after discharging from committee. Page H8839–40 ically-elected officials of Taiwan; Pages H8868–70 Honoring the 2007 NBA Champion San Antonio Expressing the sense of the House of Representa- Spurs: The House agreed by unanimous consent to tives that the Government of Japan should for- H. Res. 490, to honor the 2007 NBA Champion San mally acknowledge, apologize, and accept historical Antonio Spurs, after discharging from committee. responsibility in a clear and unequivocal manner Page H8840 for its Imperial Armed Force’s coercion of young Congratulating the Detroit Tigers for winning women into sexual slavery: H. Res. 121, amended, the 2006 American League Pennant: The House to express the sense of the House of Representatives agreed by unanimous consent to H. Res. 488, to that the Government of Japan should formally ac- congratulate the Detroit Tigers for winning the knowledge, apologize, and accept historical responsi- 2006 American League Pennant and for bringing the bility in a clear and unequivocal manner for its Im- City of Detroit and the State of Michigan their first perial Armed Force’s coercion of young women into trip to the World Series in 22 years, after dis- sexual slavery, known to the world as ‘‘comfort charging from committee. Pages H8840–41 women’’, during its colonial and wartime occupation Frank G. Lumpkin, Jr., Post Office Building of Asia and the Pacific Islands from the 1930s Designation Act: The House agreed by unanimous through the duration of World War II; consent to H.R. 2309, to designate the facility of Pages H8870–76 the United States Postal Service located at 3916 Agreed to amend the title so as to read: ‘‘Express- Milgen Road in Columbus, Georgia, as the ‘‘Frank ing the sense of the House of Representatives that G. Lumpkin, Jr., Post Office Building’’, after dis- the Government of Japan should formally acknowl- charging from committee. Page H8841 edge, apologize, and accept historical responsibility in a clear and unequivocal manner for its Imperial Congratulating the National Hockey League Armed Forces’ coercion of young women into sexual Champions, the Anaheim Ducks, on their vic- slavery, known to the world as ‘comfort women’, tory in the 2007 Stanley Cup Finals: The House during its colonial and wartime occupation of Asia agreed by unanimous consent to H. Res. 471, to congratulate the National Hockey League Cham- and the Pacific Islands from the 1930s through the pions, the Anaheim Ducks, on their victory in the duration of World War II.’’. Page H8876 2007 Stanley Cup Finals, after discharging from Urging the Government of Canada to end the committee. Page H8841 commercial seal hunt: H. Res. 427, to urge the Private First Class Shane R. Austin Post Office Government of Canada to end the commercial seal Designation Act: The House agreed by unanimous hunt; Pages H8876–77 consent to H.R. 3034, to designate the facility of Condemning the attack on the AMIA Jewish the United States Postal Service located at 127 South Community Center in Buenos Aires, Argentina, in Elm Street in Gardner, Kansas, as the ‘‘Private First July 1994: H. Con. Res. 188, amended, to condemn Class Shane R. Austin Post Office’’, after discharging the attack on the AMIA Jewish Community Center from committee. Page H8842 in Buenos Aires, Argentina, in July 1994; Buck Owens Post Office Designation Act: The Pages H8877–80 House agreed by unanimous consent to H.R. 1384, Congratulating the Oregon State University to designate the facility of the United States Postal Beavers baseball team for winning the 2007 Na- Service located at 118 Minner Street in Bakersfield, tional Collegiate Athletic Association Division I California, as the ‘‘Buck Owens Post Office’’, after College World Series: H. Res. 515, to congratulate discharging from committee. Pages H8842–43 the Oregon State University Beavers baseball team Agreed to amend the title so as to read: ‘‘To des- for winning the 2007 National Collegiate Athletic ignate the facility of the United States Postal Service Association Division I College World Series; located at 118 Minner Avenue in Bakersfield, Cali- Pages H8880–81 fornia, as the ‘Buck Owens Post Office’.’’. Page H8843 Congratulating the men’s volleyball team of the Suspensions: The House agreed to suspend the rules University of California, Irvine, for winning the and pass the following measures: 2007 NCAA Division I Men’s Volleyball National Expressing the sense of Congress regarding high Championship: H. Res. 511, to congratulate the level visits to the United States by democratically- men’s volleyball team of the University of California,

VerDate Aug 31 2005 03:37 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D30JY7.PT2 D30JYPT2 hmoore on PRODPC68 with HMDIGEST D1086 CONGRESSIONAL RECORD — DAILY DIGEST July 30, 2007 Irvine, for winning the 2007 NCAA Division I Providing for an additional temporary extension Men’s Volleyball National Championship; of programs under the Small Business Act and the Pages H8881–82 Small Business Investment Act of 1958 through Reauthorizing the Underground Railroad Edu- December 15, 2007: H.R. 3206, to provide for an cational and Cultural Program: H.R. 2707, additional temporary extension of programs under amended, to reauthorize the Underground Railroad the Small Business Act and the Small Business In- vestment Act of 1958 through December 15, 2007; Educational and Cultural Program; Pages H8882–84 Pages H8899–S8900 Belated Thank You to the Merchant Mariners of Improving the use of a grant of a parcel of land World War II Act of 2007: H.R. 23, amended, to to the State of Idaho for use as an agricultural col- amend title 46, United States Code, to provide bene- lege: H.R. 3006, to improve the use of a grant of fits to certain individuals who served in the United a parcel of land to the State of Idaho for use as an States merchant marine (including the Army Trans- agricultural college; Pages H8912–13 port Service and the Naval Transport Service) during World War II; Pages H8884–87 U.S. Troop Readiness, Veterans’ Care, Katrina Agreed to amend the title so as to read: ‘‘To Recovery, and Iraq Accountability Appropriations amend title 38, United States Code, to direct the Act, 2007: S. 1716, to amend the U.S. Troop Readi- Secretary of Veterans Affairs to establish the Mer- ness, Veterans’ Care, Katrina Recovery and Iraq Ac- countability Appropriations Act, 2007, to strike a chant Mariner Equity Compensation Fund to provide requirement relating to forage producers—clearing benefits to certain individuals who served in the the measure for the President; Pages H8913–14 United States merchant marine (including the Army Transport Service and the Naval Transport Service) Extending the designation of Liberia under sec- during World War II.’’. Page H8887 tion 244 of the Immigration and Nationality Act so that Liberians can continue to be eligible for Veterans’ Benefits Improvement Act of 2007: temporary protected status under that section: H.R. H.R. 1315, amended, to amend title 38, United 3123, to extend the designation of Liberia under sec- States Code, to provide specially adaptive housing as- tion 244 of the Immigration and Nationality Act so sistance to certain disabled members of the Armed that Liberians can continue to be eligible for tem- Forces residing temporarily in housing owned by a porary protected status under that section; family member; Pages H8887–92 Pages H8914–17 Agreed to amend the title so as to read: ‘‘To Granting the consent and approval of Congress amend title 38, United States Code, to make certain to an interstate forest fire protection compact: S. improvements in the benefits provided to veterans 975, to grant the consent and approval of Congress under laws administered by the Secretary of Veterans to an interstate forest fire protection compact—clear- Affairs, and for other purposes.’’. Page H8892 ing the measure for the President; Pages H8917–19 Veterans’ Health Care Improvement Act of Small Public Housing Authority Act: H.R. 2007: H.R. 2874, amended, to amend title 38, 3067, amended, to amend the United States Hous- United States Code, to make certain improvements ing Act of 1937 to exempt small public housing in the provision of health care to veterans; agencies from the requirement of preparing an an- Pages H8892–97 nual public housing agency plan; Pages H8919–20 Amending title 38, United States Code, to pro- NASA and JPL 50th Anniversary Commemora- hibit the collection of copayments for all hospice tive Coin Act: H.R. 2750, amended, to require the care furnished by the Department of Veterans Af- Secretary of the Treasury to mint coins in com- fairs: H.R. 2623, amended, to amend title 38, memoration of the 50th anniversary of the establish- United States Code, to prohibit the collection of co- ment of the National Aeronautics and Space Admin- payments for all hospice care furnished by the De- istration and the Jet Propulsion Laboratory, by a 2⁄3 partment of Veterans Affairs; Pages H8897–98 yea-and-nay vote of 402 yeas with none voting Authorizing the Secretary of Agriculture to carry ‘‘nay’’, Roll No. 758; Pages H8920–25, H8937–38 out a competitive grant program for the Puget Agreed to amend the title so as to read: ‘‘To re- Sound area to provide comprehensive conservation quire the Secretary of the Treasury to mint coins in planning to address water quality: H.R. 3184, to commemoration of the 50th anniversary of the estab- authorize the Secretary of Agriculture to carry out a lishment of the National Aeronautics and Space Ad- competitive grant program for the Puget Sound area ministration.’’. Pages H8937–38 to provide comprehensive conservation planning to Supporting the goals and ideals of ‘‘National address water quality; Pages H8898–99 Purple Heart Recognition Day’’: S. Con. Res. 27,

VerDate Aug 31 2005 03:37 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D30JY7.PT2 D30JYPT2 hmoore on PRODPC68 with HMDIGEST July 30, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1087 to support the goals and ideals of ‘‘National Purple Wild and Scenic Rivers Act to designate certain seg- Heart Recognition Day’’; Pages H8925–27 ments of the Eightmile River in the State of Con- Recognizing the 75th anniversary of the Mili- necticut as components of the National Wild and tary Order of the Purple Heart and commending Scenic Rivers System. Further consideration is ex- recipients of the Purple Heart for their courageous pected to resume Tuesday, July 31st. Pages H8950–57 demonstrations of gallantry and heroism on behalf Pursuant to the rule, the amendment in the na- of the United States: H. Con. Res. 49, amended, to ture of a substitute recommended by the Committee recognize the 75th anniversary of the Military Order on Natural Resources now printed in the bill, modi- of the Purple Heart and commending recipients of fied by the amendment printed in H. Rept. the Purple Heart for their courageous demonstrations 110–264, shall be considered as adopted. Page H8951 of gallantry and heroism on behalf of the United H. Res. 580, the rule providing for consideration States; Pages H8927–28 of the bill, was agreed to by a yea-and-nay vote of Agreed to amend the title so as to read: ‘‘Recog- 222 yeas to 184 nays, Roll No. 760, after agreeing nizing the 75th anniversary of the Military Order of to order the previous question by a yea-and-nay vote the Purple Heart and commending recipients of the of 216 yeas to 188 nays, Roll No. 759. Purple Heart for their courage and sacrifice on behalf Pages H8900–05, H8938–39 of the United States.’’. Page H8928 Suspensions—Proceedings Postponed: The House Honoring and expressing gratitude to the 1st debated the following measures under suspension of Battalion of the 133rd Infantry (‘‘Ironman Bat- the rules. Further proceedings were postponed until talion’’) of the Iowa National Guard: H. Res. 568, Tuesday, July 31st: to honor and express gratitude to the 1st Battalion Darfur Accountability and Divestment Act of of the 133rd Infantry (‘‘Ironman Battalion’’) of the 2007: H.R. 180, amended, to require the identifica- Iowa National Guard; and Pages H8928–30 tion of companies that conduct business operations Ronald H. Brown United States Mission to the in Sudan and to prohibit United States Government United Nations Building Designation Act: H.R. contracts with such companies; Pages H8843–55 735, to designate the Federal building under con- struction at 799 First Avenue in New York, New Iran Sanctions Enabling Act of 2007: H.R. York, as the ‘‘Ronald H. Brown United States Mis- 2347, amended, to authorize State and local govern- sion to the United Nations Building’’. ments to direct divestiture from, and prevent invest- Pages H8935–37 ment in, companies with investments of $20,000,000 or more in Iran’s energy sector; Ledbetter Fair Pay Act of 2007: The House began Pages H8855–61 consideration of H.R. 2831, to amend title VII of the Civil Rights Act of 1964, the Age Discrimina- Shirley A. Chisholm United States-Caribbean tion in Employment Act of 1967, the Americans Educational Exchange Act of 2007: H.R. 176, With Disabilities Act of 1990, and the Rehabilita- amended, to authorize assistance to the countries of tion Act of 1973 to clarify that a discriminatory the Caribbean to fund educational development and compensation decision or other practice that is un- exchange programs; Pages H8861–66 lawful under such Acts occurs each time compensa- Amending the Iran Sanctions Act of 1996 to ex- tion is paid pursuant to the discriminatory com- pand and clarify the entities against which sanc- pensation decision or other practice. Further consid- tions may be imposed: H.R. 957, amended, to eration is expected to resume Tuesday, July 31st. amend the Iran Sanctions Act of 1996 to expand and Pages H8940–50 clarify the entities against which sanctions may be Pursuant to the rule, the amendment in the na- imposed; and Pages H8866–68 ture of a substitute recommended by the Committee on Education and Labor now printed in the bill shall Integrated Deepwater Program Reform Act: H.R. 2722, amended, to restructure the Coast Guard be considered as adopted. Page H8941 H. Res. 579, the rule providing for consideration Integrated Deepwater Program. Pages H8930–35 of the bill, was agreed to by a yea-and-nay vote of Amendments: Amendments ordered printed pursu- 215 yeas to 187 nays, Roll No. 762, after agreeing ant to the rule appear on pages H8835–36 and to order the previous question by a yea-and-nay vote H9054. of 215 yeas to 190 nays, Roll No. 761. Quorum Calls—Votes: Five yea-and-nay votes de- Pages H8905–12, H8939–40 veloped during the proceedings of today and appear Eightmile Wild and Scenic River Act: The House on pages H8937, H8938, H8938–39, H8939, and began consideration of H.R. 986, to amend the H8939–40. There were no quorum calls.

VerDate Aug 31 2005 03:37 Aug 01, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D30JY7.PT2 D30JYPT2 hmoore on PRODPC68 with HMDIGEST D1088 CONGRESSIONAL RECORD — DAILY DIGEST July 30, 2007 Adjournment: The House met at 10:30 a.m. and 1986 to strike a provision relating to modifications in re- adjourned at 11:59 p.m. porting frequency, S. 1785, to amend the Clean Air Act to establish deadlines by which the Administrator of the Environmental Protection Agency shall issue a decision Committee Meetings on whether to grant certain waivers of preemption under SPECIAL RECONNAISSANCE PROGRAM that Act, S. 775, to establish a National Commission on the Infrastructure of the United States, H.R. 50, to reau- Permanent Select Committee on Intelligence: Met in execu- thorize the African Elephant Conservation Act and the tive session to receive a briefing on the Special Re- Rhinoceros and Tiger Conservation Act of 1994, S. 1429, connaissance Program (SRP). The Committee was to amend the Safe Drinking Water Act to reauthorize the briefed by departmental witnesses. provision of technical assistance to small public water sys- tems, H.R. 465, to reauthorize the Asian Elephant Con- f servation Act of 1997, S. 1832, to reauthorize the African Elephant Conservation Act, the Rhinoceros and Tiger NEW PUBLIC LAWS Conservation Act of 1994, and the Asian Elephant Con- (For last listing of Public Laws, see DAILY DIGEST, p. D990) servation Act of 1997, S. 1498, to amend the Lacey Act Amendments of 1981 to prohibit the import, export, H.R. 556, to ensure national security while pro- transportation, sale, receipt, acquisition, or purchase in moting foreign investment and the creation and interstate or foreign commerce of any live animal of any maintenance of jobs, to reform the process by which prohibited wildlife species, and the nominations of R. such investments are examined for any effect they Lyle Laverty, of Colorado, to be Assistant Secretary for may have on national security, to establish the Com- Fish and Wildlife, Department of the Interior, and Rob- mittee on Foreign Investment in the United States. ert Boldrey, of Michigan, to be a Member of the Board of Trustees of the Morris K. Udall Scholarship and Excel- Signed on July 26, 2007. (Public Law 110–49) lence in National Environmental Policy Foundation, 9:30 f a.m., SD–406. COMMITTEE MEETINGS FOR TUESDAY, Committee on Finance: to continue hearings to examine JULY 31, 2007 carried interest (Part II), 10 a.m., SD–215. Committee on Foreign Relations: to hold hearings to exam- (Committee meetings are open unless otherwise indicated) ine nuclear energy and nonproliferation challenges, focus- Senate ing on safeguarding the atom, 9:30 a.m., SD–419. Committee on Armed Services: to hold hearings to examine Committee on the Judiciary: Subcommittee on Antitrust, the nominations of Admiral Michael G. Mullen, USN for Competition Policy and Consumer Rights, to hold hear- reappointment to the grade of admiral and to be Chair- ings to examine the impact of the Leegin decision, 10 man of the Joint Chiefs of Staff, and General James E. a.m., SD–226. Cartwright, USMC for reappointment to the grade of Full Committee, to hold hearings to examine the pro- general and to be Vice Chairman of the Joint Chiefs of priety and adequacy of the Oxycontin criminal settle- Staff, with the possibility of a closed session in SR–222, ment, 2:30 p.m., SD–226. 9:30 a.m., SH–216. Committee on Veterans’ Affairs: to hold hearings to exam- Committee on Banking, Housing, and Urban Affairs: to ine Department of Veterans Affairs and Department of hold hearings to examine the state of the securities mar- Defense cooperation on the educational needs of returning kets, 9:30 a.m., SD–538. service members, 9:30 p.m., SD–562. Committee on Commerce, Science, and Transportation: to Select Committee on Intelligence: to hold closed hearings to hold hearings to examine the nominations of Ronald examine certain intelligence matters, 2:30 p.m., SH–219. Spoehel, of Virginia, to be Chief Financial Officer, Na- tional Aeronautics and Space Administration, William G. House Sutton, Jr., of Virginia, to be an Assistant Secretary of Committee on Appropriations, Subcommittee on Legisla- Commerce, Thomas J. Barrett, of Alaska, to be Deputy tive Branch, on Capitol Visitor Center, 9 a.m., 2359 Ray- Secretary, and Paul R. Brubaker, of Virginia, to be Ad- burn. ministrator of the Research and Innovative Technology Administration, both of the Department of Transpor- Committee on Armed Services, Subcommittee on Readi- tation, 10 a.m., SR–253. ness, hearing on Use of In Lieu of, Ad Hoc and Full Committee, to hold and oversight hearing to ex- Augmentee Forces in Operation Enduring Freedom and amine telemarketing practices relating to H.R. 2885, to Operation Iraqi Freedom, 10 a.m., 2118 Rayburn. amend the Credit Repair Organizations Act to clarify the Subcommittee on Oversight and Investigations, to con- applicability of certain provisions to credit monitoring tinue hearings on A Third Way: Alternatives for Iraq’s services, 2:30 p.m., SR–253. Future, (Part 4), 1 p.m., 2212 Rayburn. Committee on Energy and Natural Resources: Subcommittee Committee on the Budget, hearing on the Costs of Mili- on Energy, to hold an oversight hearing to examine re- tary Operations and Reconstruction in Iraq and Afghani- newable fuels infrastructure, 2:30 p.m., SD–366. stan, 10 a.m., 210 Cannon. Committee on Environment and Public Works: business Committee on Energy and Commerce, Subcommittee on meeting to consider S. 742, to amend the Toxic Sub- Commerce, Trade, and Consumer Protection, to mark up stances Control Act to reduce the health risks posed by the following bills: H.R. 814, Children’s Gasoline Burn asbestos-containing products, S. 595, to amend the Emer- Prevention Act; H.R. 1699, Danny Keysar Child Product gency Planning and Community Right-to-Know Act of Safety Notification Act; H.R. 1721, Pool and Spa Safety

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Act; and H.R. 2474, To provide for an increased max- Compean: the Across-Border Context, 2 p.m., 2172 Ray- imum civil penalty for violations under the Consumer burn. Product Safety Act, 10 a.m., 2123 Rayburn. Committee on Homeland Security, Subcommittee on Trans- Committee on Financial Services, to continue markup of portation Security and Infrastructure Protection, hearing H.R. 2895, National Affordable Housing. Trust Fund entitled ‘‘Managing Risk and Increasing Efficiency: An Act of 2007, 10 a.m., 2128 Rayburn. Examination of the Implementation of the Registered Committee on Foreign Affairs, to mark up the following Traveler Program,’’ 1:30 p.m., 311 Cannon. measures: H.R. 1302, Global Poverty Act of 2007; H.R. Committee on the Judiciary, Subcommittee on Courts, the 1567, Stop Tuberculosis (TB) Now Act of 2007; H.R. Internet, and Intellectual Property, hearing on Ensuring 2185, To amend the Tropical Forest Conservation Act of Artists Fair Compensation: Updating the Performance 1998 to provide debt relief to developing countries that Right and Platform Parity for the 21st Century, 10 a.m., take action to protect forests and coral reefs and associ- 2141 Rayburn. ated coastal marine ecosystems, to reauthorize such Act through fiscal year 2010; H.R. 3096, Vietnam Human Committee on Natural Resources, oversight hearing on Cri- Rights Act of 2007; H.R. 3062, South Pacific Economic sis of Confidence: The Political Influence of the Bush Ad- and Educational Development Act of 2007; H. Res. 32, ministration on Agency Science and Decision-Making, 10 Denouncing the practices of female genital mutilation, a.m., 1324 Longworth. domestic violence, ‘‘honor’’ killings, acid burning, dowry Committee on Oversight and Government Reform, hearing on deaths, and other gender-based persecutions and express- FEMA Preparedness in 2007 and Beyond, 10 a.m., 2154 ing the sense of the House of Representatives that partici- Rayburn. pation, protection, recognition, and independence of Subcommittee on Federal Workforce, Postal Services, women is crucial to achieving a just, moral, and honor- and the District of Columbia, hearings on Federal Com- able society; H. Res. 34, Recognizing the 75th birthday pensation, Part I, Pay, 2 p.m., 2154 Rayburn. of Desmond Mpilo Tutu, South African Anglican Arch- Committee on Transportation and Infrastructure, Sub- bishop of Cape Town, and Nobel Peace Prize recipient; committee on Coast Guard and Maritime Transportation, H. Res. 238, Commending the first democratic elections hearing to review the Coast Guard Administration Law in Aceh, a province in Sumatra, Indonesia, and expressing System, 10 a.m., 2167 Rayburn. support for the further democratic development and im- Committee on Veterans’ Affairs, Subcommittee on Dis- plementation of the Memorandum of Under- ability Assistance and Memorial Affairs, hearing on the standing; H. Res. 508, Recognizing the strong security following bills: H.R. 674, To amend title 38, United alliance between the Government of Japan and the States Code, to repeal the provision of law requiring ter- United States and expressing appreciation to Japan for its mination of the Advisory Committee on Minority Vet- role in enhancing stability in the Asia-Pacific region and its efforts in the Global war against terrorism; H. Res. erans as of December 31, 2009; H.R. 1273, To amend 518, Recognizing the 50th anniversary of Malaysia’s inde- title 38, United States Code, to direct the Secretary of pendence; H. Res. 548, Expressing the ongoing concern Veterans Affairs to restore plot allowance eligibility for of the House of Representatives for Lebanon’s democratic veterans of any war and to restore the headstone or mark- institutions and unwavering support for the administra- er allowance for eligible persons; H.R. 1900, To amend tion of justice upon those responsible for the assassination title 38, United States Code, to extend eligibility for pen- of Lebanese public figures opposing Syrian control of Leb- sion benefits under laws administered by the Secretary of anon; H. Res. 557, Strongly condemning the United Na- Veterans Affairs to veterans who receive an expeditionary tions Human Rights Council for ignoring severe human medal during a period of military service other than a pe- rights abuses in various countries, while choosing to un- riod of war; H.R. 1901, To amend title 38, United States fairly target Israel by including it as the only country Code, to extend eligibility for pension benefits under laws permanently placed on the Council’s agenda; H. Res. administered by the Secretary of Veterans Affairs to vet- 564, Recognizing that violence poses an increasingly seri- erans who served during certain periods of time in speci- ous threat to peace and stability in Central America and fied locations; H.R. 2346. To direct the Secretary of Vet- supporting expanded cooperation between the United erans Affairs to establish a process for determining wheth- States and the countries of Central America to combat er a geographic area is sufficiently served by the national crime and violence; H. Res. 575, Commending the peo- cemeteries located in that geographic area; H.R. 2696, ple and the Government of the Hashemite Kingdom of Veterans’ Dignified Burial Assistance Act of 2007; and Jordan for their continued commitment to holding elec- H.R. 2697, To amend title 38, United States Code, to tions and broadening participation; and a resolution Rec- expand eligibility for veterans’ mortgage life insurance to ognizing the remarkable example of Sir Nicholas Winton include members of the Armed Forces receiving specially who organized the rescue of 669 Jewish Czechoslovakian adapted housing assistance from the Department of Vet- children from Nazi death camps prior to the outbreak of erans Affairs, 2 p.m., 334 Cannon. World War II, 10 a.m., 2172 Rayburn. Permanent Select Committee on Intelligence, Subcommittee Subcommittee on International Organizations, Human on Intelligence Community Management, hearing on Rights, and Oversight, hearing on the Case of Ramos and DNI 100 Day Plan, 10 a.m., 2203 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, July 31 9 a.m., Tuesday, July 31

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Complete consideration of H.R. morning business (not to extend beyond 60 minutes), 2831—Ledbetter Fair Pay Act of 2007 and H.R. 986— Senate will begin consideration of H.R. 976, Small Busi- Eightmile Wild and Scenic River Act. Begin consider- ness Tax Relief Act. ation of H.R. 3161—Agriculture, Rural Development, (Senate will recess from 12:30 p.m. until 2:15 p.m. for their Food and Drug Administration, and Related Agencies respective party conferences.) Appropriations Act, 2008.

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