Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION

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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, TUESDAY, JANUARY 16, 2007 No. 8 House of Representatives Now, part of my concern over the President Bush talks about democ- Iraq war is that it continues to distract racy in Iraq, but what about democ- U.S. policy, both foreign and domestic, racy in Pakistan, which is much more The House met at 12:30 p.m. and was from more important concerns. The likely to achieve democracy if the U.S. called to order by the Speaker pro tem- threat of international terrorism is did not prop up the Musharraf dictator- pore (Mr. RUPPERSBERGER). real, and it came home to us vividly ship. after 9/11, but the focal point of our war f The media, Mr. Speaker, has reported against terrorism should be Afghani- many times that al Qaeda and the DESIGNATION OF SPEAKER PRO stan, not Iraq. Taliban operate freely out of Pakistan TEMPORE While our soldiers continue to die in where they maintain training camps The SPEAKER pro tempore laid be- Baghdad and we spend hundreds of bil- and receive the support of Pakistan’s fore the House the following commu- lions of dollars in Iraq, we are neglect- ISI, the equivalent of the American ing the situation in Afghanistan and nication from the Speaker: CIA. its environs, particularly Pakistan, Last fall, the Pakistan government WASHINGTON, DC, where bin Laden, al Qaeda and the January 16, 2007. entered into an agreement with the Taliban grow stronger every day. I hereby appoint the Honorable C.A. DUTCH Taliban. In return for not conducting Mr. Speaker, last Saturday the New RUPPERSBERGER to act as Speaker pro tem- raids into Afghanistan, they were guar- York Times did a front page story on pore on this day. anteed effective control of certain fron- the NATO struggle in Afghanistan, NANCY PELOSI, tier regions of Pakistan. However, the which stressed how the Taliban were Speaker of the House of Representatives. incursions by the Taliban into Afghani- coming back. The likelihood is there f stan continue while the Musharraf gov- will be a new spring offensive by the MORNING HOUR DEBATES Taliban as early as February, next ernment left the Taliban alone in these month. The article went on to say that areas of Pakistan. The SPEAKER pro tempore. Pursu- Mr. Speaker, I believe that the U.S. ant to the order of the House of Janu- corrupt and ineffective leadership have turned people against the central gov- has the opportunity for nation-building ary 4, 2007, the Chair will now recog- in Afghanistan that will continue to nize Members from lists submitted by ernment and its U.S. allies, and that U.S. reconstruction efforts are a fail- elude us in Iraq. Afghanistan’s econ- the majority and minority leaders for omy is increasingly dependent on morning hour debates. The Chair will ure. Mr. Speaker, if there is any place drugs; in other words, the opium crop alternate recognition between the par- where the United States should be which has expanded while the normal ties, with each party limited to not to stepping up its efforts, both in terms of economy falters. Afghanistan needs a exceed 30 minutes, and each Member, resources and manpower, and where we major infusion of resources from the except the majority leader, the minor- would have international support, United States and its allies to prevent ity leader, or the minority whip, lim- again, in terms of other countries’ a Taliban resurgence. ited to not to exceed 5 minutes. troops as well as other countries’ re- I simply ask, Mr. Speaker, as we de- The Chair recognizes the gentleman sources and money, it would certainly bate President Bush’s surge in Baghdad from New Jersey (Mr. PALLONE) for 5 be Afghanistan. The U.S. was directly over the next few weeks, think about minutes. attacked from there by bin Laden and the alternative in Afghanistan. Let’s f al Qaeda operatives, and they were of not forget where the real U.S. and global threat of terrorism both started and AFGHANISTAN AND THE WAR ON course harbored by the Taliban. So you might ask, Mr. Speaker, why continues this day. TERROR does President Bush get on national f Mr. PALLONE. Mr. Speaker, I did TV last week and stress the need for a RECESS not support the resolution authorizing surge in Baghdad and reconstruction the Iraq war, and I continue to believe dollars for Iraq, and not prioritize Af- The SPEAKER pro tempore. Pursu- it was a mistake, and that we should ghanistan instead? ant to clause 12(a) of rule I, the Chair redeploy our armed forces out of Iraq In addition, President Bush con- declares the House in recess until 2 as quickly as possible. Needless to say, tinues to appease the military dicta- p.m. today. I adamantly oppose the President’s lat- torship in Pakistan, which effectively Accordingly (at 12 o’clock and 38 est proposal to escalate the war, the encourages and provides safe harbor in minutes p.m.), the House stood in reso-called ‘‘surge.’’ its frontier territories to the Taliban. cess until 2 p.m.

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

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VerDate Aug 31 2005 05:43 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JA7.000 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H518 CONGRESSIONAL RECORD — HOUSE January 16, 2007 b 1400 serve, they do assert their constitu- American people know what we have tional rights and their military code accomplished so far on their behalf. AFTER RECESS rights to speak with Members of Con- During our first week in session, we The recess having expired, the House gress. changed the rules on how this institu- was called to order by the Speaker pro Article 3.5.7, Department of Defense tion works, cutting ties between lobby- tempore (Ms. SOLIS) at 2 p.m. directive 1325.6 provides the right of ists and lawmakers, and reinstituting f servicemembers to request redress and commonsense pay-as-you-go budget grievances against the actions of their rules. PRAYER commanders. The action taken and Last week we began our 100-hour The Chaplain, the Reverend Daniel P. presented to me by individual service- agenda, passing four pieces of legisla- Coughlin, offered the following prayer: members is an appeal for redress to end tion that will help the American people Almighty God and Father of all, yes- the war in Iraq. live better and healthier lives. We in- terday this Nation and the world Troops are risking their careers to creased the minimum wage for the first quickened the living legacy of a great present this message to Congress. They time in 9 years. We passed legislation American and citizen of the world, the have all individually signed the fol- giving the government the ability to Reverend Dr. Martin Luther King, Jr. lowing statement: fund promising stem cell research. We passed a bill that allows the govern- May the Members of Congress and all As a patriotic American proud to ment to negotiate better prescription Americans rededicate ourselves to his serve the Nation in uniform, I respect- drug prices for American seniors. We clarion call to work toward the Be- fully urge my political leaders in Con- passed long overdue legislation insti- loved Community he envisioned both gress to support the prompt with- tuting the recommendations of the 9/11 at home and abroad. drawal of all American military forces Commission that should make our Na- Help us, precious Lord, to dissolve all and bases from Iraq. Staying in Iraq will not work and is not worth the tion safer. And we are not finished yet. prejudicial thinking and take practical This week we will make college more steps to build peace rooted in equal jus- price. It is time for U.S. troops to come home. affordable by cutting interest rates in tice. half on student loans and investing in At this hour of uncertainty, Lord, f biofuels by repealing unnecessary tax fashion leaders whose actions spring SALUTING THE 218TH INFANTRY breaks to Big Oil. from the inherent counsel of Dr. King’s BRIGADE OF THE SOUTH CARO- Democrats are delivering on the living legacy. In charting the course LINA ARMY NATIONAL GUARD promises we made to the American for the national stability of Iraq, let people. Dr. King’s dream of little black chil- (Mr. WILSON of South Carolina f dren walking hand and hand with little asked and was given permission to ad- white children come true for little dress the House for 1 minute and to re- TRANSIT FLEXIBILITY Shi’a, Sunni, Kurdish, Christian and vise and extend his remarks.) (Mr. PITTS asked and was given per- Jewish children. From the southern Mr. WILSON of South Carolina. mission to address the House for 1 plains around Basra to the northern Madam Speaker, on Saturday, January minute and to revise and extend his re- plateaus of Ninnevah, someday soon let 7, South Carolina’s adjutant general, marks.) them sing: ‘‘Free at last. Thank God Stan Spears, hosted the departure cere- Mr. PITTS. Madam Speaker, I rise Almighty. We are free at last.’’ Amen. mony for the 218th Enhanced Separate today to highlight an issue of impor- Infantry Brigade. The event was at- tance to many of our Nation’s small- f tended by 10,000 appreciative family and medium-sized public transpor- THE JOURNAL members and supporters. tation systems. Outdated population The 218th Brigade is commanded by limits established in law in the seven- The SPEAKER pro tempore. The Brigadier General Robert Livingston. Chair has examined the Journal of the ties have caused many of these transit General Livingston and his wife Bar- agencies to lose flexibility in the way last day’s proceedings and announces bara’s daughters, Rachel, Rebecca and to the House her approval thereof. they spend Federal funds. As a result, Roxanne, led the national anthem at many of these systems, approximately Pursuant to clause 1, rule I, the Jour- the ceremony. The brigade consists of nal stands approved. 110 to be exact, will be forced to dra- 1,800 soldiers and will be in Afghani- matically scale back their operations, f stan for approximately 1 year. Its pri- and that means not having a ride to mary mission will be to train Afghan PLEDGE OF ALLEGIANCE work for thousands of riders. national army and national police. In the coming days, I plan to reintro- The SPEAKER pro tempore. Will the This is the largest single deployment of duce the Transit System Flexibility gentleman from North Carolina (Mr. South Carolina Army National Guard Act. This bill will allow local officials BUTTERFIELD) come forward and lead since World War II. flexibility in the way they spend their the House in the Pledge of Allegiance. As a grateful 25-year veteran of the Federal funds and save them from hav- Mr. BUTTERFIELD led the Pledge of 218th and father of four sons in the ing to shut down important bus routes. Allegiance as follows: military, I have the deepest respect And it will not cost any additional tax- I pledge allegiance to the Flag of the and admiration for the men and women payer money. United States of America, and to the Repub- who put their lives at risk to protect Madam Speaker, local officials know lic for which it stands, one nation under God, American families. My thoughts and their own needs best. This is a sensible indivisible, with liberty and justice for all. prayers are with them and their fami- solution to an urgent problem, and I f lies. Our office is available at all times hope my colleagues who represent one for servicemembers and families toll APPEALS FOR REDRESS FROM of these 110 small transit systems will free at 1–888–381–1442. ARMED SERVICES cosponsor the bill. In conclusion, God bless our troops, f (Mr. KUCINICH asked and was given and we will never forget September 11. DEMOCRAT PRESCRIPTION DRUG permission to address the House for 1 f minute and to revise and extend his re- BILL IS BAD MEDICINE marks.) DEMOCRATS ACCOMPLISH MUCH (Ms. FOXX asked and was given per- Mr. KUCINICH. Madam Speaker, DURING FIRST 2 WEEKS OF 110TH mission to address the House for 1 today I received a petition, an appeal CONGRESSIONAL SESSION minute and to revise and extend her re- for redress from over 1,000 active duty (Mr. PALLONE asked and was given marks.) members of the armed services. Many permission to address the House for 1 Ms. FOXX. Madam Speaker, it seems of these honorable soldiers, sailors, air- minute.) that the Democrats have a one-size- men, and marines have served in Iraq. Mr. PALLONE. Madam Speaker, as fits-all solution for all the issues facing They did not challenge their orders, we begin the third week of this new our country: Big Government. Accord- they did not challenge their duty to Congress, it is important that the ing to the Democrats, the best thing

VerDate Aug 31 2005 05:43 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.003 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H519 for the American people is to involve the resolution (H. Res. 61) observing geously to restore tolerance, justice, and the government in every aspect of our the Birthday of Martin Luther King, equality between people; lives instead of letting citizens decide Jr., and encouraging the people of the Whereas on the evening of April 4, 1968, Dr. for themselves what is right for them. United States to observe the Birthday King was assassinated while standing on the An example of this is their current balcony of his motel room in Memphis, Ten- of Martin Luther King, Jr., and the life nessee, where he was to lead sanitation proposal to let the government, quote and legacy of Dr. Martin Luther King, workers in protest against low wages and in- unquote, negotiate drug prices for pre- Jr., and for other purposes. tolerable working conditions; scription drugs covered by Medicare. The Clerk read as follows: Whereas Dr. King dedicated his life to se- No one will argue with lower drug H. RES. 61 curing the fundamental principles of the prices, but that is not what this bill Whereas Reverend Doctor Martin Luther United States of liberty and justice for all will accomplish. What the Democrats King, Junior, was born January 15, 1929; United States citizens; don’t tell you is that this bill will lead Whereas Dr. King attended segregated pub- Whereas Dr. King was the leading civil to fewer choices of prescription drugs lic schools in Georgia, and began attending rights advocate of his time, spearheading the for our Nation’s seniors and will hurt Morehouse College in Atlanta, Georgia, at civil rights movement in the United States community pharmacies, as it will in- the age of 15; during the 1950’s and 1960’s and earning Whereas in February of 1948, Dr. King was world-wide recognition as an eloquent and crease mail order prescriptions. articulate spokesperson for equality; In short, Madam Speaker, this bill is ordained in the Christian ministry at the age of 19 at Ebenezer Baptist Church, in Atlanta, Whereas in the face of hatred and violence, bad medicine, as is the notion of Big Dr. King preached a doctrine of nonviolence Government that the Democrats are Georgia, and became Assistant Pastor of Ebenezer Baptist Church; and civil disobedience to combat segrega- pushing on the American people. Whereas Dr. King was awarded a Bachelor tion, discrimination, and racial injustice, f of Arts degree in 1948 from Morehouse Col- and believed that people have the moral capacity to care for other people; JUDGES HALL OF SHAME lege, a Bachelor of Divinity degree in 1951 from Crozer Theological Seminary in Penn- Whereas Dr. King awakened the conscience (Mr. POE asked and was given per- sylvania, and a Doctor of Philosophy degree and consciousness of the United States and mission to address the House for 1 in theology in 1955 from Boston University; used his message of hope to bring people to- minute.) Whereas in Boston, Massachusetts, Dr. gether to build the ‘‘Beloved Community’’, a Mr. POE. Madam Speaker, judges King met Coretta Scott, his life partner and community of justice, at peace with itself; have the public duty to protect chil- fellow civil rights activist; Whereas in 1968, Representative John Con- Whereas on June 18, 1953, Dr. King and yers introduced legislation to establish the dren from sexual deviants, including Birthday of Martin Luther King, Jr. as a those from Vermont. Coretta Scott were married and later had two sons and two daughters; Federal holiday; Mark Hulett molested a 6-year-old Whereas Coretta Scott King led the mas- girl for 4 years. Reports indicate he Whereas in 1954, Dr. King accepted the call of Dexter Avenue Baptist Church in Mont- sive campaign to establish Dr. King’s birth- even had a history of abusing women. gomery, Alabama, and was pastor from Sep- day as a Federal holiday; But when he went to court for the child tember 1954 to November 1959, when he re- Whereas in 1983, Congress passed and Presi- molesting charge, Judge Edward signed to move back to Atlanta to lead the dent Ronald Reagan signed legislation cre- ‘‘Cushy’’ Cashman of Vermont put the Southern Christian Leadership Conference; ating the Birthday of Martin Luther King, molester in jail for only 60 days and or- Whereas Dr. King led the Montgomery, Jr. holiday, which is now observed in more dered some ‘‘Kum-Ba-Yah’’ type of Alabama, bus boycott for 381 days to protest than 100 countries; treatment. the arrest of Rosa Parks and the segregation Whereas Dr. King’s wife and indispensable The crime against this little girl is a of the bus system of Montgomery, during partner, Coretta Scott King, was a woman of which time Dr. King was arrested and the quiet courage and great dignity who human rights violation. The judge con- marched alongside her husband and became doned the violation by not punishing home of Dr. King was bombed; Whereas Dr. King responded to arrests and an international advocate for peace and the criminal. Has the judge made violence with non-violence and courage in human rights; Vermont a safe sanctuary State for the face of hatred; Whereas Coretta Scott King, who had been child molesters? Whereas the Montgomery bus boycott was actively engaged in the civil rights move- Almost everyone in America knows, the first great nonviolent civil rights dem- ment as a politically and socially conscious except Judge Cushy, that you cannot onstration of contemporary times in the young woman, continued after her husband’s cure child rapists. You keep them away United States; death to lead the United States toward from kids. You lock them up in jail. Whereas on December 21, 1956, the Supreme greater justice and equality, traveling the Why do you think we build those pris- Court declared laws requiring segregation on world on behalf of racial and economic jus- buses unconstitutional; tice, peace and non-violence, women’s and ons? Judge Cushy should be held ac- children’s rights, gay rights, religious free- countable and removed from the bench, Whereas between 1957 and 1968, Dr. King traveled more than 6,000,000 miles, spoke dom, full employment, health care, and edu- then given sensitivity training on the more than 2,500 times, and wrote five books cation until her death on January 30, 2006; effects of being raped as a child. and numerous articles supporting efforts Whereas the values of faith, compassion, Justice will only be served when around the country to end injustice and courage, truth, justice, and non-violence judges are as concerned about the mo- bring about social change and desegregation; that guided Dr. and Mrs. King’s dream for lested as they are about the molesters, Whereas from 1960 until his death in 1968, America will be celebrated and preserved by but for now the Judges Hall of Shame Dr. King was co-pastor with his father at the Martin Luther King, Jr., National Memo- has a brand new member. Ebenezer Baptist Church; rial on the National Mall between the Lin- And that’s just the way it is. Whereas on August 28, 1963, Dr. King led coln Memorial and the Jefferson Memorial the March on Washington, D.C., the largest and in the new National Museum of African f rally of the civil rights movement, during American History and Culture that will be ANNOUNCEMENT BY THE SPEAKER which, from the steps of the Lincoln Memo- located in the shadow of the Washington PRO TEMPORE rial and before a crowd of more than 200,000 Monument; and people, Dr. King delivered his famous ‘‘I Whereas Dr. King’s actions and leadership The SPEAKER pro tempore. Pursu- Have A Dream’’ speech, one of the classic made the United States a better place and ant to clause 8 of rule XX, the Chair orations in American history; the American people a better people: Now, will postpone further proceedings Whereas Dr. King was a champion of non- therefore, be it today on motions to suspend the rules violence, fervently advocated nonviolent re- Resolved, That the House of Representa- on which a recorded vote or the yeas sistance as the strategy to end segregation tives— and nays are ordered, or on which the and racial discrimination in America, and in (1) observes the Birthday of Martin Luther vote is objected to under clause 6 of 1964, at age 35, became the youngest man to King, Jr.; rule XX. be awarded the Nobel Peace Prize in recogni- (2) pledges to advance the legacy of Dr. Record votes on postponed questions tion for his efforts; Martin Luther King, Jr.; and will be taken after 6:30 p.m. today. Whereas through his work and reliance on (3) encourages the people of the United nonviolent protest, Dr. King was instru- States to— f mental in the passage of the Civil Rights Act (A) observe the Birthday of Martin Luther OBSERVING THE BIRTHDAY OF of 1964 and the Voting Rights Act of 1965; King, Jr., and the life of Dr. King; MARTIN LUTHER KING, JR. Whereas the work of Dr. King created a (B) commemorate the legacy of Dr. King, basis of understanding and respect and so that, as Dr. King hoped, ‘‘one day this Na- Mr. CONYERS. Madam Speaker, I helped communities, and the United States tion will rise up and live out the true mean- move to suspend the rules and agree to as a whole, to act cooperatively and coura- ing of its creed: ‘We hold these truths to be

VerDate Aug 31 2005 05:43 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.005 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H520 CONGRESSIONAL RECORD — HOUSE January 16, 2007 self-evident; that all men are created tion. Dr. King was not a one-note per- pathy with striking sanitation workers equal;’’’; and son. He was a visionary. Jobs, justice, in that city, he was gunned down. (C) remember the message of Dr. King and economic justice, political justice, and Dr. King’s name is synonymous with rededicate themselves to Dr. King’s goal of a peace. the civil rights movement. His life was free and just United States. And we find ourselves wrapped up in devoted to changing the conscience of The SPEAKER pro tempore. Pursu- these same considerations even today this Nation. His experiences shaped his ant to the rule, the gentleman from as we begin the third week of the 110th character, and through them, one of Michigan (Mr. CONYERS) and the gen- Congress. We need voter integrity. We the greatest nonviolent leaders of our tleman from Ohio (Mr. CHABOT) each need protection for those who seek the country has ever known was created. will control 20 minutes. ballot. But more than anything else, I Today, we honor the Reverend Dr. The Chair recognizes the gentleman am reminded of the fact that we need Martin Luther King for his service and from Michigan. to find a way out of the war in Iraq, an strength and devotion to the principle GENERAL LEAVE unnecessary, sad occasion in our his- that all Americans are entitled to Mr. CONYERS. Madam Speaker and tory. equal treatment under the law in this ladies and gentlemen of the House, I And you keep thinking, what would great Nation. We are a greater Nation ask unanimous consent that all Mem- King have said? And I remember that because Dr. King lived. bers have 5 legislative days in which to one thing he said is that those who fail Madam Speaker, I reserve the bal- insert additional material concerning to talk about what is important really ance of my time. Mr. CONYERS. Madam Speaker, I House Resolution 61 into the CONGRES- miss their chance in history to do yield now to the one person in the SIONAL RECORD. something that is significant. The SPEAKER pro tempore. Is there Madam Speaker, because we have so House and the United States Senate objection to the request of the gen- many speakers, I reserve the balance of who now presently knows and knew Dr. tleman from Michigan? my time. King and his family, and the civil There was no objection. Mr. CHABOT. Madam Speaker, I rights movement more than any other Mr. CONYERS. I also want everyone yield myself such time as I might con- person among us, and that is, of course, to know that the gentleman from Geor- sume. the Honorable JOHN LEWIS from Geor- gia, and I recognize him for 3 minutes. gia’s resolution, JOHN LEWIS, Members Madam Speaker, I rise in strong sup- Mr. LEWIS of Georgia. Madam will be able to join on it up until the port of House Resolution 61, which ob- Speaker, I want to thank my friend, time that we have a recorded vote in serves and celebrates the birthday of my colleague, the chairman, for yield- case there are Members coming back Dr. Martin Luther King, Jr., and in- vites all Americans to join in this coming. that may not be aware of this. Madam Speaker, it is only fitting and memoration. Today we have joined so many others appropriate that we salute and com- Dr. King’s pursuit of social change in the Nation in honoring, in my judg- memorate Dr. Martin Luther King, Jr., and making this country worthy of its ment, our greatest American, Martin as we celebrate his 78th birthday. Luther King, Jr. heritage was evident in all of his work. Martin Luther King, Jr., was a man He was a member of the Executive b 1415 of peace, a man of love, a man of non- Committee of the National Association As the original author of the bill 4 violence. He must be considered one of for the Advancement of Colored Peo- the founding fathers of the new Amer- days after his assassination, and one ple, the NAACP. He became the leader who worked on it for 15 years until it ica. of the Montgomery Improvement Asso- Because of his dedication to the was passed in 1983, I am delighted to ciation which, of course, was the orga- cause of injustice and his fight for support and endorse the resolution of nization responsible for one of the most human dignity, he wrestled with the another supporter and one who worked important nonviolent demonstrations very soul of this Nation and pushed it closely with Dr. King, the gentleman of modern times in the United States, to reach for its greater destiny. from Georgia, JOHN LEWIS. the 382-day bus boycott. Dr. King had the ability to produce It was an interesting time for me In 1957, Dr. King was elected Presi- light in dark places; the ability to yesterday. Not only did City Year, a dent of the Southern Christian Leader- bring the dirt and the filth out from national service movement that has ship Conference. Between 1957 and 1968, under the American rug, out of the young people pledging to work in Dr. King appeared wherever he saw in- cracks and the corner into the open schools, parks, and neighborhoods full- justice. The injustice he saw took him light in order for us to deal with it. time for 10 months, headed by their many miles, and the speeches that he He injected a new meaning into the president, Penny Bailey, in which I de- made are still taught in schools. They very veins of our society and gave his livered my remarks about Dr. King, were taught yesterday. They are life to make our democracy real. What but I was also at Central Methodist taught all over the country. They are he did and what he said and what he Church in downtown Detroit, where Dr. things which we really do need to lis- sacrificed inspired an entire generation King frequently came for his Easter or ten to and learn from and still have and his power still rings today the Friday before Easter addresses, and many things to learn from the things throughout the Nation and around the where I was honored on his last visit to that Dr. King said. world. be supported by his actual endorse- Dr. King led a massive protest in Bir- We are a different country. We are a ment. mingham, Alabama, that drew the at- better people today. Martin Luther And so I come here doubly proud of tention of the world, sparking what he King, Jr., believed in the power of love the fact that I was able to work with called a ‘‘coalition of conscience.’’ over hate, the power of nonviolence Dr. King as a young lawyer, but also to Dr. King later directed a peaceful over violence, the power of peace over enjoy his support. Much of it came, of march here in Washington, DC, a war. He liberated all of us, black and course, from Rosa Parks, who left Ala- march that a quarter of a million peo- white, Hispanic, Asian American and bama and came to Detroit when she ple attended, where he delivered his Native American. couldn’t get work anymore. And she now famous ‘‘I Have a Dream’’ speech. If Dr. King could speak to us today, was a seamstress. And I was very happy At the age of 35, Dr. Martin Luther right now, he would say we must stop to welcome her to my congressional of- King, Jr., was the youngest man to re- the madness of the war and bring our fice, where she worked for more than ceive the Nobel Peace Prize. When no- young people home. He would say that two decades. And her and Dr. King’s tified of his selection, he announced war is an ineffective tool of our foreign fame and recognition kept growing and that he would turn over all of the prize policy. growing as she was called around the money to further the civil rights move- We must struggle against injustice world to receive tributes. ment. and stand up for our goals. If peace is And I remember Dr. King’s very im- On the evening of April 4, 1968, while our goal, then peaceful ends must take portant receiving of the Nobel Prize. standing on the balcony of his motel peaceful means. And it was about the question of peace. room in Memphis, Tennessee, where he Dr. King would say, means and ends And it was not just racial discrimina- was to lead a protest march in sym- are inseparable. He would say we must

VerDate Aug 31 2005 05:43 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JA7.001 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H521 find a way to live together as brothers So today, as we are again in a period to the broad swath of issues for which and sisters or we will perish as fools. of time in which there are sincere, pas- he stood. How can you honor King 39 years later, we must rededicate sionate differences of opinion on issues without, in fact, talking about his ourselves to the struggle that was his such as the war and how we approach issues. struggle, and continue to see the goals it, when we have some differences on Madam Speaker, recall the poor peo- that were his goals. how we deal with certain economic ple’s campaign on the Mall, and the We know that his dream has not been matters, when we have differences of gap between the rich and the poor that fulfilled. It must be our task, our obli- opinion with respect to the extent and is greater today than when King lived, gation, our mission, our mandate to the definition of certain applications of and recall the Vietnam war when his renew our commitment to his dream. affirmative action, isn’t it good for us opposition was at high risk. Here we Mr. CHABOT. Madam Speaker, I to at least step back and recognize that have a President attempting to esca- yield such time as he might consume there is a commonality of purpose, a late yet another war. But King’s signa- to the gentleman from California (Mr. commonality of dedication, a com- ture issue, my friends, was civil rights. DANIEL E. LUNGREN). monality of the essence of America; The House of Representatives must Mr. DANIEL E. LUNGREN of Cali- that we recognize that we will never be confront a civil rights issue that is 200 fornia. Madam Speaker, I rise in sup- perfect, but as we are moving to make years old, the failure of the Congress of port of this resolution and in support real the promise of the Constitution, the United States for 200 years to grant of the honoring of the birthday of Dr. the Declaration of Independence, that equal rights to the citizens of the Dis- Martin Luther King, Jr. we actually have more that joins us to- trict of Columbia. Most recently, this I can recall, two decades ago, being gether than breaks us apart. Because has been a Republican failure. But on this floor with the gentleman from had we not had that belief, and had we Democrats are just as responsible. I Michigan (Mr. CONYERS), and fighting not had that as our base decision some would say more responsible in some to make sure that we established this two decades ago, we would not now ways, historically, than Republicans, holiday. Some may have forgotten that have, as a recognition of the life of Dr. because race was at the center of the it took more than one time for this to Martin Luther King, the national holi- denial. It was Democrats who stood in occur. The resolution was defeated on day. the way of home rule and a delegate for two previous occasions. And I recall It is not an African American holi- the District of Columbia. It was Demo- that some of us on our side of the aisle day. It is not a Hispanic holiday, it is crats, however, who faced their racial voted against it for fiscal reasons at not an Irish American holiday. It is an failings 40 years ago, and, to their cred- that time. American holiday that recognizes that it, became leaders in the fight for civil And I also recall, after having that Dr. King spoke to the essence of Amer- rights. vote, going home and talking with my ica. Yet, the majority African American wife and saying, you know, I think I District of Columbia remains without a b 1430 did the wrong thing; and her giving me vote despite Democratic Party plat- the great advice that she gave me, she There could be nothing greater in the forms and countless statements, espe- said, well, if you did, you’d better do annals of American history, in my cially on this floor. Now is the time for something about it. judgment, than his magnificent state- Democrats to act to deliver. It is the And at that time I had the oppor- ment contained in the letter from the last hope for years to come, a D.C.- tunity to approach Congressman Jack Birmingham jail, where he said that Utah bill that delivers party parity, Kemp, who had voted against it as well we, as the people, understand the dif- with great credit to my Republican co- for ‘‘fiscal reasons,’’ and working with ference between a just and an unjust sponsor, who tried to deliver, great Ed Bethune and Newt Gingrich and law. He didn’t say let us look at this credit to my cosponsor, no partisan ad- others, attempting to garner enough legal book and tell us where it is. He vantage. support from some on our side of the said an unjust law is a law which vio- Nonpartisan research reveals that a aisle to ensure that the vote would go lates God’s law; an unjust law is that possible advantage occasionally raised forward and that we would honor Dr. which we know is wrong. I can also re- is so de minimis that no credible argu- Martin Luther King. member his great words in there when ment can be made for further delay in And the argument that was made at people said, Well, aren’t you a radical? failing to correct one of the most odi- that time that I think was successful He said, What was Jesus but a radical ous injustices in American history, was that we have many different points for love. 200,000 men and women in the District of view, as we do today on the war, as He asked that we come together and of Columbia sent to America’s war we did at that time in how we appro- look in our hearts, as much as our since the creation of the Republic, sec- priately deal with the then existing heads, and remember that as imperfect ond per capita of taxation without rep- threat of the Soviet Union, many dif- as we are, we do all share in this tre- resentation. ferent issues that divided us in terms mendous legacy of America, and we Dr. King held public officials on both of our approach. But it seemed impor- honor America by trying to be more sides of the aisle accountable. The only tant for us to come together from all true to that promise. risk to Democratics on this issue is these different points of view to recog- I thank the gentleman for this reso- paying only lip service to his prin- nize Dr. Martin Luther King’s con- lution. I thank the manager of this bill ciples. tribution to this country where he for his work today and other days, and Mr. CHABOT. Madam Speaker, I re- brought people who had differences of I thank the gentleman from Ohio for serve the balance of my time. opinion together in a united effort that giving me this time. We have no further speakers at this reminded us very vividly that we are Mr. CONYERS. I thank the previous time. However, I would note in the one people dedicated to the proposition speaker, who is one of the few here on spirit of bipartisan cooperation, the that all men and women are created the floor that was around back then gentleman from Michigan indicated he equal. And it was cutting through the when these debates and this long 15- may have more speakers than he has differences that we had at that time on year period took place. I thank him for time for. I would be happy to yield a number of different issues that al- his contribution. time to accommodate him if it comes lowed us to come together. Madam Speaker, I now turn to the to that. And I can recall going to visit Mr. able gentlelady from the District of Co- Mr. CONYERS. I thank the gen- CONYERS in his office and asking him lumbia (Ms. NORTON), and I recognize tleman. whether it would be of any benefit for her for 21⁄2 minutes. Madam Speaker, I yield to the distin- those of us who had initially opposed Ms. NORTON. I thank the gentleman guished gentleman from North Caro- the resolution to come forward in sup- for yielding to me. I particularly thank lina (Mr. BUTTERFIELD) 21⁄4 minutes. port of it. And I can recall the gen- him for his remarks, because what I am Mr. BUTTERFIELD. I want to thank tleman from Michigan’s statement at going to talk about, the link I am the gentleman from Georgia, my that time, suggesting that we all ought going to try to make, he knows very friend, JOHN LEWIS, for introducing to come together. well. I appreciate his linking Dr. King this resolution. I thank the gentleman

VerDate Aug 31 2005 06:01 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.008 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H522 CONGRESSIONAL RECORD — HOUSE January 16, 2007 from Michigan (Mr. CONYERS) for al- bama, it was Martin Luther King, Jr., I met with representatives of over lowing time for me to speak today. who said, Here am I, Lord, send me. 1,000 soldiers today who say it is time Madam Speaker, Dr. King was a vi- Just like the prophet Isaiah. The sec- to get out of Iraq. Let us protect Dr. sionary leader. He understood that ond person is David the shepherd boy, King’s memory by standing for peace. America could never be a moral leader who climbed up to go see about his Madam Speaker, I would like to put in the world when citizens within its brethren, and there was Goliath, into the RECORD Dr. King’s speech from own borders were treated legally as issuing all kinds of threats. Ebenezer Baptist Church and part of second-class citizens. I recall so vividly They told him to go back, much as his speech from Riverside Church, attending a standing-room only speech they did with Martin Luther King, Jr., which need to be read today. I would that Dr. King gave at the Booker T. but he didn’t go back. Instead, he stood also like to put in the RECORD a speech Washington High School gymnasium in there and Martin Luther King, Jr., like that I gave recently called ‘‘Out of Iraq Rocky Mountain, North Carolina, on David said, Is there not a cause. There and Back to the American City,’’ which November 27, 1962. is a cause for me, and there is a cause shows that only when we take a stand Dr. King’s speech included the ‘‘I for you, and that is to beat down the for peace are we able to get the re- Have a Dream’’ passage that he used in Goliaths of racism, of prejudice and sources that we need to provide jobs the historic march-on-Washington discrimination. and health care and education and re- speech the following year. After the The third one is Jesus Christ, for tirement security and housing for the passage of the Voting Rights Act of when the Pharisees asked Jesus Christ American people. 1965, we were having difficulty in the what was the greatest commandment Make Dr. King’s legacy a living leg- south persuading black voters that it of all, Jesus said to love thy neighbor acy. was really uncomplicated to register as thyself. At the bottom of it all, Dr. A CHRISTMAS SERMON ON PEACE the vote. The act had removed the lit- King’s essence was love. As Jesus said, Dr. King first delivered this sermon at Ebe- eracy test, and the process was easier. There is no greater love than that you nezer Baptist Church, where he served as co- But black citizens were reluctant to would give your life for another. Dr. pastor. On Christmas Eve, 1967, the Canadian step forward to register to vote for fear King paid that price and gave his life, Broadcasting Corporation aired this sermon of intimidation and reprisal. At the love. as part of the seventh annual Massey Lec- tures. urging of local leaders in my commu- As the song writer said: Them’s that Peace on Earth. . . . nity, Dr. King accepted our invitation got shall get and them’s that not shall This Christmas season finds us a rather be- to lead a voter registration march on not lose cause the Bible says, and it wildered human race. We have neither peace April 4, 1968. still is news. Your mama may have and within nor peace without. Everywhere para- But as fate would have it, he can- your poppa may have, but God bless lyzing fears harrow people by day and haunt celed his promised trip to our commu- this child. Martin Luther King, more them by night. Our world is sick with war; nity so that he could go to Memphis to than anything else, was a child of God, everywhere we turn we see its ominous possi- bilities. And yet, my friends, the Christmas assist the garbage workers of that city, and we thank God for sending Martin hope for peace and good will toward all men and we know the rest. Despite the ab- Luther King, Jr., our way. can no longer be dismissed as a kind of pious sence of Dr. King from the registration Mr. CONYERS. Madam Speaker, I am dream of some utopian. If we don’t have good march, we launched a massive voter now pleased to yield to my good friend, will toward men in this world, we will de- registration drive and later filed and DENNIS KUCINICH of Ohio, 2 minutes. stroy ourselves by the misuse of our own in- won a voting rights lawsuit in my dis- Mr. KUCINICH. Thank you, Mr. CON- struments and our own power. Wisdom born trict resulting in electoral opportuni- YERS, Mr. LEWIS and all Members of of experience should tell us that war is obso- ties. Congress. lete. There may have been a time when war Now, Madam Speaker, we have 301 Madam Speaker, as we honor Dr. served as a negative good by preventing the King’s legacy, let’s remember it is a spread and growth of an evil force, but the elected black officials in my congres- very destructive power of modern weapons of sional district. In addition to having an living legacy. We are not talking about warfare eliminates even the possibility that African American Member of this body cold prose and someone who is so dis- war may any longer serve as a negative good. in the first district, African Americans tant from this moment. His ideas are And so, if we assume that life is worth liv- hold the following office: 48 county so alive today and so needed today; ing, if we assume that mankind has a right commissioners, 7 sheriffs, 20 mayors, that is why a month from now, I will be to survive, then we must find an alternative 129 municipal officials, 5 at our General introducing legislation to create a Cab- to war—and so let us this morning explore Assembly, 6 superior court judges, 9 inet level Department of Peace, which the conditions for peace. Let us this morning takes Dr. King’s vision of an America think anew on the meaning of that Christ- district court judges, 69 on boards of mas hope: ‘‘Peace on Earth, Good Will to- education, 4 registrars of deeds and 3 which organizes around principles of ward Men.’’ And as we explore these condi- clerks of court. nonviolence and brings it to life in ad- tions, I would like to suggest that modern Madam Speaker, much of this elec- dressing the issues of domestic vio- man really go all out to study the meaning toral progress that we have made in lence, spousal abuse, child abuse, vio- of nonviolence, its philosophy and its strat- the South can be directly attributable lence in the schools, racial violence, vi- egy. to the life and work of Martin Luther olence against gays, police, community We have experimented with the meaning of relations conflicts, and provides the re- nonviolence in our struggle for racial justice King, Jr. in the United States, but now the time has Mr. CONYERS. Madam Speaker, I sources so that we can deal with these come for man to experiment with non- would like now to call upon DAVID as a living testimony to the love that violence in all areas of human conflict, and SCOTT of Georgia and to yield to him 2 we are showing today for Dr. King. that means nonviolence on an international minutes. But he also was a visionary on the scale. Mr. SCOTT of Georgia. Thank you to matter of war. He spoke many times Now let me suggest first that if we are to the gentleman from Michigan. It is a warning this country about the danger have peace on earth, our loyalties must be- pleasure to be on the floor with you. of what happened in Vietnam. He spoke come ecumenical rather than sectional. Our Madam Speaker, more than anything about the price that was being paid for loyalties must transcend our race, our tribe, our class, and our nation; and this means we else, Dr. King was a man of God. You the people of two nations in a speech at must develop a world perspective. No indi- know, when I think of Dr. King, I think Riverside Church nearly 40 years ago. vidual can live alone; no nation can live of three people. The first one was the At Ebenezer Baptist Church he spoke alone, and as long as we try, the more we are great prophet Isaiah. As you recall, about the interrelationship of all peo- going to have war in this world. Now the Isaiah cried out in the year that King ple, but how all people are one. It was judgment of God is upon us, and we must ei- Uzziah died, was the year that I also that understanding of oneness that ther learn to live together as brothers or we saw the Lord. He went on to say that drove him to take a stand for peace. are all going to perish together as fools. Let us celebrate not only his life, but Yes, as nations and individuals, we are there was a voice that came to him interdependent. I have spoken to you before that said, who will go for us, and whom let the principles of his life continue to of our visit to India some years ago. It was shall we send? guide us as Americans. This is the mo- a marvelous experience; but I say to you this Like the prophet Isaiah, in 1956, as a ment to take a stand as we grapple morning that there were those depressing young 26-year-old person down in Ala- with the question of Iraq. moments. How can one avoid being depressed

VerDate Aug 31 2005 06:01 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.010 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H523 when one sees with one’s own eyes evidences contended that everything he did in Ger- minds us that love is greater than liking. of millions of people going to bed hungry at many was for peace. And the leaders of the Love is understanding, creative, redemptive night? How can one avoid being depressed world today talk eloquently about peace. good will toward all men. And I think this is when one sees with one’s own eyes thousands Every time we drop our bombs in North Viet- where we are, as a people, in our struggle for of people sleeping on the sidewalks at night? nam, President Johnson talks eloquently racial justice. We can’t ever give up. We More than a million people sleep on the side- about peace. What is the problem? They are must work passionately and unrelentingly walks of Bombay every night; more than half talking about peace as a distant goal, as an for first-class citizenship. We must never let a million sleep on the sidewalks of Calcutta end we seek, but one day we must come to up in our determination to remove every ves- every night. They have no houses to go into. see that peace is not merely a distant goal tige of segregation and discrimination from They have no beds to sleep in. As I beheld we seek, but that it is a means by which we our nation, but we shall not in the process these conditions, something within me cried arrive at that goal. We must pursue peaceful relinquish our privilege to love. out: ‘‘Can we in America stand idly by and ends through peaceful means. All of this is I’ve seen too much hate to want to hate, not be concerned?’’ And an answer came: saying that, in the final analysis, means and myself, and I’ve seen hate on the faces of too ‘‘Oh, no!’’ And I started thinking about the ends must cohere because the end is many sheriffs, too many white citizens’ fact that right here in our country we spend preexistent in the means, and ultimately de- councilors, and too many Klansmen of the millions of dollars every day to store surplus structive means cannot bring about con- South to want to hate, myself; and every food; and I said to myself: ‘‘I know where we structive ends. time I see it, I say to myself, hate is too can store that food free of charge—in the Now let me say that the next thing we great a burden to bear. Somehow we must be wrinkled stomachs of the millions of God’s must be concerned about if we are to have able to stand up before our most bitter oppo- children in Asia, Africa, Latin America, and peace on earth and good will toward men is nents and say: ‘‘We shall match your capac- even in our own nation, who go to bed hun- the nonviolent affirmation of the sacredness ity to inflict suffering by our capacity to en- gry at night.’’ of all human life. Every man is somebody be- dure suffering. We will meet your physical It really boils down to this: that all life is cause he is a child of God. And so when we force with soul force. Do to us what you will interrelated. We are all caught in an inescap- say ‘‘Thou shalt not kill,’’ we’re really say- and we will still love you. We cannot in all able network of mutuality, tied into a single ing that human life is too sacred to be taken good conscience obey your unjust laws and garment of destiny. Whatever affects one di- on the battlefields of the world. Man is more abide by the unjust system, because non- rectly, affects all indirectly. We are made to than a tiny vagary of whirling electrons or a cooperation with evil is as much a moral ob- live together because of the interrelated wisp of smoke from a limitless smoldering. ligation as is cooperation with good, and so structure of reality. Did you ever stop to Man is a child of God, made in His image, throw us in jail and we will still love you. think that you can’t leave for your job in the and therefore must be respected as such. Bomb our homes and threaten our children, morning without being dependent on most of Until men see this everywhere, until nations and, as difficult as it is, we will still love the world? You get up in the morning and go see this everywhere, we will be fighting wars. you. Send your hooded perpetrators of vio- to the bathroom and reach over for the One day somebody should remind us that, lence into our communities at the midnight sponge, and that’s handed to you by a Pacific even though there may be political and ideo- hour and drag us out on some wayside road islander. You reach for a bar of soap, and logical differences between us, the Viet- and leave us half-dead as you beat us, and we that’s given to you at the hands of a French- namese are our brothers, the Russians are will still love you. Send your propaganda man. And then you go into the kitchen to our brothers, the Chinese are our brothers; agents around the country, and make it ap- drink your coffee for the morning, and that’s and one day we’ve got to sit down together pear that we are not fit, culturally and oth- poured into your cup by a South American. at the table of brotherhood. But in Christ erwise, for integration, and we’ll still love And maybe you want tea: That’s poured into there is neither Jew nor Gentile. In Christ you. But be assured that we’ll wear you down your cup by a Chinese. Or maybe you’re de- there is neither male nor female. In Christ by our capacity to suffer, and one day we sirous of having cocoa for breakfast, and there is neither Communist nor capitalist. In will win our freedom. We will not only win that’s poured into your cup by a West Afri- Christ, somehow, there is neither bound nor freedom for ourselves; we will so appeal to can. And then you reach over for your toast, free. We are all one in Christ Jesus. And your heart and conscience that we will win and that’s given to you at the hands of an when we truly believe in the sacredness of you in the process, and our victory will be a English-speaking farmer, not to mention the human personality, we won’t exploit people, double victory.’’ baker. And before you finish eating break- we won’t trample over people with the iron If there is to be peace on earth and good fast in the morning, you’ve depended on feet of oppression, we won’t kill anybody. will toward men, we must finally believe in more than half of the world. This is the way There are three words for ‘‘love’’ in the the ultimate morality of the universe, and our universe is structured, this is its inter- Greek New Testament; one is the word believe that all reality hinges on moral foun- related quality. We aren’t going to have ‘‘eros.’’ Eros is a sort of esthetic, romantic dations. Something must remind us of this peace on earth until we recognize this basic love. Plato used to talk about it a great deal as we once again stand in the Christmas sea- fact of the interrelated structure of all rein his dialogues, the yearning of the soul for son and think of the Easter season simulta- ality. the realm of the divine. And there is and can neously, for the two somehow go together. Now let me say, secondly, that if we are to always be something beautiful about eros, Christ came to show us the way. Men love have peace in the world, men and nations even in its expressions of romance. Some of darkness rather than the light, and they cru- must embrace the nonviolent affirmation the most beautiful love in all of the world cified him, and there on Good Friday on the that ends and means must cohere. One of the has been expressed this way. cross it was still dark, but then Easter came, great philosophical debates of history has Then the Greek language talks about and Easter is an eternal reminder of the fact been over the whole question of means and ‘‘philia,’’ which is another word for love, and that the truth-crushed earth will rise again. ends. And there have always been those who philia is a kind of intimate love between per- Easter justifies Carlyle in saying, ‘‘No lie argued that the end justifies the means, that sonal friends. This is the kind of love you can live forever.’’ And so this is our faith, as the means really aren’t important. The im- have for those people that you get along we continue to hope for peace on earth and portant thing is to get to the end, you see. with well, and those whom you like on this good will toward men: let us know that in So, if you’re seeking to develop a just soci- level you love because you are loved. the process we have cosmic companionship. ety, they say, the important thing is to get Then the Greek language has another word In 1963, on a sweltering August afternoon, there, and the means are really unimportant; for love, and that is the word ‘‘agape.’’ Agape we stood in Washington, D.C., and talked to any means will do so long as they get you is more than romantic love, it is more than the nation about many things. Toward the there—they may be violent, they may be un- friendship. Agape is understanding, creative, end of that afternoon, I tried to talk to the truthful means; they may even be unjust redemptive good will toward all men. Agape nation about a dream that I had had, and I means to a just end. There have been those is an overflowing love which seeks nothing must confess to you today that not long who have argued this throughout history. in return. Theologians would say that it is after talking about that dream I started see- But we will never have peace in the world the love of God operating in the human ing it turn into a nightmare. I remember the until men everywhere recognize that ends heart. When you rise to love on this level, first time I saw that dream turn into a are not cut off from means, because the you love all men not because you like them, nightmare, just a few weeks after I had means represent the ideal in the making, and not because their ways appeal to you, but talked about it. It was when four beautiful, the end in process, and ultimately you can’t you love them because God loves them. This unoffending, innocent Negro girls were mur- reach good ends through evil means, because is what Jesus meant when he said, ‘‘Love dered in a church in Birmingham, Alabama. the means represent the seed and the end your enemies.’’ And I’m happy that he didn’t I watched that dream turn into a nightmare represents the tree. say, ‘‘Like your enemies,’’ because there are as I moved through the ghettos of the nation It’s one of the strangest things that all the some people that I find it pretty difficult to and saw my black brothers and sisters per- great military geniuses of the world have like. Liking is an affectionate emotion, and. ishing on a lonely island of poverty in the talked about peace. The conquerors of old I can’t like anybody who would bomb my midst of a vast ocean of material prosperity, who came killing in pursuit of peace, Alex- home. I can’t like anybody who would ex- and saw the nation doing nothing to grapple ander, Julius Caesar, Charlemagne, and Na- ploit me. I can’t like anybody who would with the Negroes’ problem of poverty. I saw poleon, were akin in seeking a peaceful trample over me with injustices. I can’t like that dream turn into a nightmare as I world order. If you will read Mein Kampf them. I can’t like anybody who threatens to watched my black brothers and sisters in the closely enough, you will discover that Hitler kill me day in and day out. But Jesus re- midst of anger and understandable outrage,

VerDate Aug 31 2005 03:15 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JA7.014 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H524 CONGRESSIONAL RECORD — HOUSE January 16, 2007 in the midst of their hurt, in the midst of difficulty against all the apathy of con- and economic justice which could be called their disappointment, turn to misguided formist thought within one’s own bosom and forth by those who were ready to stand up, riots to try to solve that problem. I saw that in the surrounding world. Moreover, when to speak out, to march, to demand, to testify dream turn into a nightmare as I watched the issues at hand seem as perplexed as they about the good news: the war in Vietnam escalating, and as I saw often do in the case of this dreadful conflict, The world is interconnected. The world is so-called military advisors, sixteen thousand we are always on the verge of being mesmer- interdependent. We are not just our brother strong, turn into fighting soldiers until ized by uncertainty; but we must move on. and sisters keeper, on a deeper spiritual level today over five hundred thousand American And some of us who have already begun to we are our brothers and sisters. This is the boys are fighting on Asian soil. Yes, I am break the silence of the night have found meaning of the Golden Rule, Do unto others personally the victim of deferred dreams, of that the calling to speak is often a vocation as you would have them do unto you. This is blasted hopes, but in spite of that I close of agony, but we must speak. We must speak the meaning of Love Thy neighbor as thy today by saying I still have a dream, be- with all the humility that is appropriate to self. This is why policies of unilateralism, cause, you know, you can’t give up in life. If our limited vision, but we must speak. And first strike, and preemption are dead ends. you lose hope, somehow you lose that vital- we must rejoice as well, for surely this is the This is why nuclear proliferation is a threat ity that keeps life moving, you lose that first time in our nation’s history that a sig- to every person on the planet. This is why the very idea that war should be an instru- courage to be, that quality that helps you go nificant number of its religious leaders have ment of policy needs to be challenged. War is on in spite of all. And so today I still have a chosen to move beyond the prophesying of not inevitable. Peace is inevitable if we are dream. smooth patriotism to the high grounds of a prepared to work for it. firm dissent based upon the mandates of con- I have a dream that one day men will rise Dr. King understood this. In his speech up and come to see that they are made to science and the reading of history. Perhaps a ‘‘Beyond Vietnam: A time to break silence’’ live together as brothers. I still have a new spirit is rising among us. If it is, let us in New York City nearly forty years ago, he dream this morning that one day every trace its movements and pray that our own created a synthesis of peace and civil rights. Negro in this country, every colored person inner being may be sensitive to its guidance, ‘‘Somehow this madness must cease,’’ Dr. in the world, will be judged on the basis of for we are deeply in need of a new way be- King told those assembled at Riverside the content of his character rather than the yond the darkness that seems so close Church about the annihilation of the Viet- color of his skin, and every man will respect around us. namese people and their nation. ‘‘I speak as the dignity and worth of human personality. Now let us begin. Now let us rededicate a child of God and brother to the suffering I still have a dream that one day the idle in- ourselves to the long and bitter, but beau- poor of Vietnam. I speak for those whose dustries of Appalachia will be revitalized, tiful, struggle for a new world. This is the land is being laid waste, whose homes are de- and the empty stomachs of Mississippi will calling of the sons of God, and our brothers stroyed, whose culture is being subverted. be filled, and brotherhood will be more than wait eagerly for our response. Shall we say . . . I speak as a citizen of the world, for the a few words at the end of a prayer, but rather the odds are too great? Shall we tell them world, as it stands aghast at the path we the first order of business on every legisla- the struggle is too hard? Will our message be have taken. I speak as one who loves Amer- tive agenda. I still have a dream today that that the forces of American life militate ica, to the leaders of our nation: The great one day justice will roll down like water, and against their arrival as full men, and we send initiative in this war is ours. The initiative righteousness like a mighty stream. I still our deepest regrets? Or will there be another to stop it must be ours too.’’ have a dream today that in all of our state message—of longing, of hope, of solidarity That is why tomorrow I will present Con- houses and city halls men will be elected to with their yearnings, of commitment to gress with a plan to get out of Iraq. We must go there who will do justly and love mercy their cause, whatever the cost? The choice is end the occupation, close the bases, and use and walk humbly with their God. I still have ours, and though we might prefer it other- the money that is there now to bring the a dream today that one day war will come to wise, we must choose in this crucial moment troops home while we prepare Iraq for an an end, that men will beat their swords into of human history. international security force. I led the effort plowshares and their spears into pruning As that noble bard of yesterday, James in the House of Representatives challenging hooks, that nations will no longer rise up Russell Lowell, eloquently stated: the Bush Administration’s march toward against nations, neither will they study war Once to every man and nation comes a mo- war in Iraq. I organized 125 Democrats to any more. I still have a dream today that ment to decide, vote against the war. There were no weapons of mass destruction one day the lamb and the lion will lie down In the strife of Truth and Falsehood, for the in Iraq. But there are plenty of weapons of together and every man will sit under his good or evil side; mass destruction here in the United States own vine and fig tree and none shall be Some great cause, God’s new Messiah offer- which need to be removed. Poverty is a afraid. I still have a dream today that one ing each the bloom or blight, weapon of mass destruction, homelessness is day every valley shall be exalted and every And the choice goes by forever ‘twixt that a weapon of mass destruction, joblessness is mountain and hill will be made low, the darkness and that light. a weapon of mass destruction, poor health rough places will be made smooth and the Though the cause of evil prosper, yet ’tis care is a weapon of mass destruction, theft of crooked places straight, and the glory of the truth alone is strong pensions, a weapon of mass destruction, Lord shall be revealed, and all flesh shall see Though her portions be the scaffold, and hopelessness is a weapon of mass destruc- it together. I still have a dream that with upon the throne be wrong tion. this faith we will be able to adjourn the Yet that scaffold sways the future, and be- Let’s deal with the WMD’s in our cities. It councils of despair and bring new light into hind the dim unknown is time to get out of Iraq, which did not have the dark chambers of pessimism. With this Standeth God within the shadow, keeping weapons of mass destruction and into our faith we will be able to speed up the day watch above his own. American cities, which are loaded with weap- when there will be peace on earth and good And if we will only make the right choice, ons of mass destruction. will toward men. It will be a glorious day, we will be able to transform this pending This then is a call for a politics of unity the morning stars will sing together, and the cosmic elegy into a creative psalm of peace. where human unity becomes an imperative. sons of God will shout for joy. If we will make the right choice, we will be This is a call for a politics of economic jus- able to transform the jangling discords of tice, where wealth creation is available to MARTIN LUTHER KING: BEYOND VIETNAM—A our world into a beautiful symphony of everyone, where the government becomes an TIME TO BREAK SILENCE brotherhood. engine to create wealth for all, where it I come to this magnificent house of wor- If we will but make the right choice, we functions to equitably redistribute the wealth. ship tonight because my conscience leaves will be able to speed up the day, all over America and all over the world, when justice We know the challenges. The war in Iraq is me no other choice. I join you in this meet- the product of the same type of thinking ing because I am in deepest agreement with will roll down like waters, and righteousness like a mighty stream. which underlies racism. Us vs. them. The the aims and work of the organization which minute there is a they or a them it creates has brought us together: Clergy and Laymen OUT OF IRAQ AND BACK TO THE AMERICAN CITY separation. Separation is the basis for dis- Concerned about Vietnam. The recent state- crimination. Separation is the basis for sub- ments of your executive committee are the (By Dennis Kucinich) jugation. Separation is the basis for sentiments of my own heart, and I found my- We are losing our nation to a philosophy of insularity. Separation is the basis for con- self in full accord when I read its opening war and destruction. It is time for policies of flict. Separation is the basis for war. Separa- lines: ‘‘A time comes when silence is be- peace and construction. It is time for the tion is the basis for the destruction of our trayal.’’ And that time has come for us in re- philosophy of peace, nonviolence and eco- environment. Separation is the basis for the lation to Vietnam. nomic justice. This was the philosophy of Dr. destruction of the planet. The truth of these words is beyond doubt, King, Gandhi, Jesus, Fredrick Douglas, A. We are at a moment where our survival in- but the mission to which they call us is a Philip Randolph, Bayard Rustin, Fannie Lou stinct causes us to declare the imperative of most difficult one. Even when pressed by the Hamer, Sojourner Truth, Cesar Chavez, and human unity. A unity of states is a super- demands of inner truth, men do not easily Jesse Jackson. ficial unity if it does not embrace policies assume the task of opposing their govern- We are all united with the philosophy which promote human unity, human equal- ment’s policy, especially in time of war. Nor which birthed the New Deal, the New Fron- ity, human striving, the practical aspira- does the human spirit move without great tier, the Great Society, the dreams of social tions of people.

VerDate Aug 31 2005 03:15 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JA7.017 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H525 There has been a massive redistribution of This means a full employment economy. the grace of God go I, but because wherever wealth in our society. Government has been This means good paying jobs. there is a hungry person, there I am. Wher- turned into an engine to redistribute the This means a living wage. ever there is someone who is homeless, there wealth upwards. Our whole monetary system This means a federal infrastructure bill to I am. is based on debt creation for the masses and put millions to work rebuilding our schools, Wherever someone is walking the streets wealth creation for the few. War has become our bridges, our libraries, our universities looking for a job. That person is my brother an engine of wealth for military contractors. our hospitals, our city halls, our recreation and that person is me. Wherever a child goes Health care has become an engine of wealth centers, our sidewalks, our street lights, our to bed hungry, I am there. We connect with for the pharmaceutical companies and the parks, our water systems, our sewer systems, each other in our profound, human experi- insurance companies. The tax system is used our neighborhoods. ence. We connect with each other through to accelerate wealth to the top. Our banking This means a more perfect union. the imperative to love one another. We bind and credit systems accelerate wealth to the This means every child goes to a pre- to each other in all of our hopes, in all of our top. Our electric utilities, our gas compa- kindergarten and every young person goes to dreams, and in all of our sufferings. The nies, our oil companies accelerate wealth to a junior or a four year college. awareness which bids us to pursue a more the top. Our energy systems accelerate This means universal health care. perfect union make us aware of the perfect- wealth to the top. Our transportation sys- This means a new housing initiative where ibility of our social systems, our economic tems accelerate wealth to the top. Our infor- everyone has access to affordable housing. systems and our own lives. We are meant for mation systems accelerate wealth to the top. This means full protection of social secu- higher things. We are meant for better The concentration of wealth in our society rity and no privatization. things. We are meant for peace, for pros- has jeopardized our democracy. It has cre- This means protection of private pension perity, for enlightenment, for health, for ated a two class society. And in doing so funds. love, for a more perfect union with ourselves, jeopardizes the very institutions of wealth This means giving workers access to the with each other, with our nation and with creation. Franklin Roosevelt recognized this power of their pension funds to invest in job the world. Human unity is the great path in the creation of the New Deal which saved creation. that we all can walk upon. The world is not only economic opportunities for the This means cleaner energy, greener energy. interconnected. The world is interdependent. masses, but also saved capitalism itself. This means programs for safer neighbor- I know that we are on the threshold of There is an unlimited amount of wealth hoods. greatness because the people are great and that can be created in our society. We need This means initiatives which bring people we just need to call forth that awareness, to teach our children wealth creation. But out of prison and into the mainstream of so- call forth that ability, give people the re- we need to challenge the fundamental as- ciety. sources, show people the money, show them sumptions that guide our society, assump- This means a Department of Peace and their power, show them their beauty, show tions such as ‘‘a certain amount of unem- nonviolence. them that we can all be more than we are, ployment is necessary to the functioning of I don’t just talk the talk. I walk the walk. better than we are. It’s about reaching up The universal health care bill is called the economy.’’ or ‘‘let the market decide ac- and reaching out. It’s about Push. It’s about Conyers-Kucinich. It calls for a universal cess to health care.’’ We need to perfect our the Rainbow Coalition. It’s about Human single payer not-for-profit health care sys- union. This then is the perfect opportunity Unity. It’s about a new America. It’s about a tem to lift everyone up. To give everyone ac- for us to perfect our union, to perfect the new world. Let us begin. cess to health care. purpose of government, to perfect our mu- I wrote the federal infrastructure bill. Mr. CONYERS. Madam Speaker, I am tual pledge to each other. It is time for a I wrote the universal pre-kindergarten bill. pleased now to yield to my old friend, declaration of human economic rights of I wrote the bill for a Department of Peace citizens of an urban society, and tie that dec- the delegate from American Samoa and non-violence to make Dr. King’s dream laration to legislation and use that legisla- (Mr. FALEOMAVAEGA) 2 minutes. of non-violence a reality. That bill will deal tion to create wealth and harmony and Mr. FALEOMAVAEGA. Madam with the realities of violence in our society peace. Speaker, I am honored to be here this and take a path towards more peaceful rela- Langston Hughes wrote: ‘‘Life for me ain’t morning and certainly want to thank tionships. It will help families who suffer been no crystal stair.’’ We know that experi- from domestic violence, spousal abuse, child my good friends, the gentleman from ence, we also know that we can teach people abuse; it will meet the challenge of violence Michigan and the gentleman from to create wealth if we can help them find a in the schools, racial violence, violence Georgia, for allowing me to participate way to get access to wealth. against gays, police community conflicts, I am a product of the city. My parents in this proposed legislation to honor using the principles for which Dr. King lived. never owned a home. I grew up in 21 different the memory and legacy of one of the And it will create a context where a peaceful places by the time I was 17, including a few great spiritual giants, not only as a na- America can help to create a peaceful world. cars. I’ve learned about opportunities. I’ve tive son of our Nation, but certainly of Imagine. Peace as an organizing principle. learned that if you believe it you can con- the world, that of Dr. Martin Luther Prosperity as an organizing principle. ceive it. I’ve learned about pulling oneself up And when I am elected President of the King, Jr. by bootstraps. I’ve also seen the cynicism United States, in my first day in office I will Dr. King was not a political leader, which comes when you tell people to pull be ready to push. I will send to the Congress nor was he a military leader, nor was themselves up by their bootstraps and then a bill for universal single payer not-for-prof- you steal their shoes. I’ve seen people dream- he a noted writer or author. Nor was he it health care. ing the dreams and stuck singing Sixteen a philosopher. He was a Christian min- I will send to the Congress legislation for Tons. ister who understood thoroughly the creating millions of jobs through rebuilding We are not going back to the days of Six- real spiritual and the moral force of America’s infrastructure, I will send con- teen Tons. the principles taught by the Savior So let it be said here: gress legislation to create a summer jobs program. some 20 centuries ago, that of loving We have a right to a job. our neighbors as ourselves, showing We have a right to a living wage. I will send Congress legislation to create We have a right to an education. affordable housing. tolerance and respect for our fellow We have a right to health care. I will send congress a bill to establish a human beings. We have a right to decent and affordable cabinet level Department of Peace and Non Dr. King was well aware of the social, housing. Violence. economic and political inequalities We have a right to a secure pension. I can do this because I have already writ- that existed in our Nation, that his ten many of these bills. They are ready and We have a right to air fit to breathe. own people, the African Americans for We have a right to water fit to drink. so am I. I will move to restore the Constitu- We have a right to be free of the paralyzing tion, restore habeas corpus, and repeal the some 200 years, have been treated as fear of crime. Patriot Act. If you are ready, I am ready for second-class citizens despite the hun- We have a right to be free of a government a new America. And I am ready to unite this dreds of thousands of their sons and tapping our phones, opening our mail, check- country in the cause of peace, justice and daughters who fought and bled and died ing out our library reading lists, snooping prosperity. defending our Nation against its en- into our medical records, and our credit Our unity extends to all people every- emies. records. where. The Bible tells us to make peace with We have a right to fair, open, and our brother because we are all one. We are b 1445 verifiable elections where every vote counts told whatever we do for the least of our Dr. King’s statement and speeches and every vote is counted. brothers and sisters, we do for the Lord, be- are well noted throughout the world. We have a right to peace. cause we are all one in spirit. We are told We have a right to prosperity. that we have an obligation to feed the hun- One of the statements that I like best This means ending the war in Iraq. gry, shelter the homeless, clothe the naked is, ‘‘At the end, we will not remember This means bringing the money home to not simply because we are our brother and the words of our enemies, but the si- our cities. sisters keeper, not just because there but for lence of our friends.’’ And, yes, we all

VerDate Aug 31 2005 05:43 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JA7.022 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H526 CONGRESSIONAL RECORD — HOUSE January 16, 2007 remember one of his most memorable other youngsters in parks and recre- which also includes helping others; it can’t speeches in that August during the ation, in the City Year agency led by be selfcentered, it has to be others-oriented.’’ summer of 1963 at the Lincoln Memo- Penny Bailey. Rabbi Douglas Heifetz of the Oseh Shalom Congregation in Laurel: ‘‘Yes! King’s legacy rial, where he spoke before some 250,000 So, Madam Speaker, I am pleased is alive today. It needs to be spread far and people and hundreds of millions more that the Congress under the leadership near. For example, the Jewish community around the world, when he echoed the of the gentleman from Georgia would has been extremely active in working with a words, ‘‘I have a dream, that my four have this resolution brought to the coalition of other groups to call for an end to children will one day live in a nation floor today. the genocide in Darfur because this is mas- where they will not be judged by the [From the Washington Post, Jan. 13, 2007] sive human rights abuse on a wide scale. We are called to follow King’s legacy because color of their skin, but by the content THE QUEST TO KEEP KING’S LEGACY ALIVE of their character.’’ the Hebrew Bible calls for ongoing social (By Hamil R. Harris) transformation to affect the lives of people, Madam Speaker, this is what Amer- On Monday, the country honors the Rev. paying special attention to the lives of those ica is all about, and I thank Dr. Martin Martin Luther King Jr., who would have who are most in need.’’ Luther King, Jr., for reminding us been 78 years old. The civil rights leader, Auxiliary Bishop Martin D. Holley of the what our Nation should stand for, the who was assassinated in 1968 at the age of 39, Archdiocese of Washington: ‘‘King’s dream is real meaning of freedom under the pro- launched many of his efforts from the pulpit. very much alive today. It is very prophetic, visions of our national Constitution. To mark his birthday, religious leaders were especially his letter from the Birmingham Mr. CHABOT. Madam Speaker, I asked: Is King’s legacy of social activism jail. Here was a man who believed so much in still alive in the faith community today? yield myself such time as I may con- the dignity of the human person that he was The Rev. Jesse Jackson, founder of the willing to go to jail for it He led by example. sume. Rainbow/Push Coalition: ‘‘The activist black He went beyond making statements. He paid Madam Speaker, we have heard a churches are still the conscience of our na- a heavy price. He gave his life for all peo- number of very moving tributes to Dr. tion. . . . I was with Dr. King on his last ple.’’ Martin Luther King and I think it is birthday. We must remember that a lot of Cain Hope Felder, professor at the Howard important that we continue to remem- churches didn’t support King then. He was University School of Divinity and founder of ber what he said. I think what Mr. expelled from the National Baptist Conven- the Biblical Institute for Social Change: ‘‘I tion. Our mission today is to green line a am sick and tired of hearing Dr. King’s ’I FALEOMAVAEGA quoted sums it up bet- red-lined America. It is good to talk about ter than anything else, and that is that Have a Dream’ speech when the daily reality raising the minimum wage in Congress, but is that for an increasing number of Ameri- a person should be judged by the con- for those who don’t have jobs, the issue cans, and the African American poor in par- tent of their character and not by the doesn’t touch them. We need to continue to ticular, living is a nightmare. Dr. King’s leg- color of their skin. I think that is work on an urban agenda.’’ acy is barely alive today. There needs to be something we should always strive for Rabbi Marla J. Feldman, director of the a vigorous effort for religious leaders to be in this Nation. Commission on Social Action of Reform Ju- far more proactive than they have been in Madam Speaker, I yield back the bal- daism: ‘‘Dr. King’s legacy is very much still the past two decades of co-optation.’’ ance of my time. alive and his legacy continues to inspire the faith community across the country. I know [From the Washington Post, Jan. 13, 2007] Mr. CONYERS. Madam Speaker, I that . . . reformed congregations around the FROM DR. KING, A REMINDER ON IRAQ yield myself such time as I may con- country will do something special for the (By Colbert I. King) sume. King holiday to honor his legacy. . . . There Forty years ago, Dr. Martin Luther King Madam Speaker, I thank the Mem- will be congregations all over the country in- Jr., whom the nation will honor on Monday, volved in social activist enterprises, includ- bers that have participated in this ac- took to the pulpit of Riverside Church in ing in the Washington, D.C., area. All of the tivity. We will have 5 days to continue New York City at a meeting organized by rabbis that I know will be preaching about to introduce our comments into the Clergy and Laymen Concerned About Viet- Dr. King and the issues that we are wrestling CONGRESSIONAL RECORD, and I also re- nam. The date was April 4, 1967, one year be- with today, such as economic justice and the mind those that would like to join in fore his assassination in Memphis. war in Iraq.’’ King said he was in New York because his the cosponsorship of Congressman The Rev. Artie L. Polk, assistant pastor of conscience had left him no choice. In his LEWIS’ resolution, they still have an Mount Gilead Baptist Church in the District speech, ‘‘Beyond Vietnam: A Time to Break and founder of the Martin Luther King me- opportunity to do so. Silence,’’ King declared: ‘‘That time has morial breakfast celebration in Prince Madam Speaker, I will introduce into come for us in relation to Vietnam.’’ the RECORD five articles dealing with George’s County: ‘‘It is a real challenge to King acknowledged the reluctance of some Dr. King. One is from the Washington keep the King legacy alive, especially in people to speak out on Vietnam—the same Post entitled, ‘‘From Dr. King, a re- light of this new prosperity gospel where hesitation some Americans may have today preachers are talking about name it and minder on Iraq.’’ Another from the over voicing their concerns about Iraq. Peo- claim it. Too many people are focused today ple, he explained, ‘‘do not easily assume the same source, ‘‘The quest to keep King’s on themselves instead of keeping alive legacy alive.’’ Another, ‘‘Walking just task of opposing their government’s policy, King’s legacy of service and commitment to especially in time of war.’’ like King did.’’ Another, ‘‘Democrats the least of these.’’ But King concluded that too much was at hail civil rights leader King.’’ Finally, Mohammed Shameem, a broadcast engi- stake. He and the other religious and lay the last one, ‘‘Martin Luther King pa- neer from Bowie who volunteers at the leaders were moved by what the conflict in pers go on display.’’ Prince George’s Muslim Association in Vietnam was doing to the United States. Madam Speaker, what I would con- Lanham: ‘‘More so than ever before, people Vietnam, King said, was consuming Amer- of the faith community should adhere to Dr. clude with is the pleasure that I have ican troops and money like ‘‘some demonic, King’s principles in terms of equality and destructive suction tube’’ even as that war in seeing this holiday increasingly ob- unity in the community because our civil served from year-to-year. Martin Lu- was laying waste to the Vietnamese people rights are being eroded today, and the civil and to America’s standing in the world. ther King’s birthday is not a shopping rights of Muslims are being trampled upon. And on this Martin Luther King Jr. Day, in day. It is not a day off. It is not a day Social activism calls for pointing out injus- 2007. that you worry about getting some tice. Hardworking and innocent Muslims are More than 3,000 Americans have been things done around the house. There being profiled just because of their faith. A killed in Iraq, while 22,000 others have been are untold thousands of celebrations, group of imams were stopped in the airport wounded. Billions of dollars that could have because they were being profiled.’’ some large, some small, some in been invested here at home have been spent Bishop Adam Jefferson Richardson, prelate there, a lot of it wasted, some of it stolen, churches, some signified by marches. of the 2nd Episcopal District of the African plenty of it unaccounted for. And Iraqis in There are so many different ways that Methodist Episcopal Church: ‘‘The move- Baghdad, who cowered for decades under a he is being observed. ment is still regarded as effective for that brutal dictator, have been living in the midst I was so pleased yesterday to be at time, but that style has changed. The fright- of violence almost continuously since Sad- the church that Dr. Martin Luther ful part is that in the old days, there was a dam Hussein was deposed. King had the privilege of addressing on theological mandate to do social activism, ‘‘We are creating enemies faster than we numerous occasions. Then earlier I was now among Generation Next, there is an em- can kill them’’ read a bumper sticker in phasis on acquisition and materialism, much Washington this week. with some very young people who were to the exclusion as to what is good for the Now enter George W. Bush—the president just learning about Dr. King, and they whole community. There is nothing wrong who got America into this debacle through a were taking a day on instead of a day with a prosperity message, but you have to series of misjudgments that would make Al- off. They are working with schools and guide people to understand the whole gospel, fred E. Neuman look brilliant. This week

VerDate Aug 31 2005 05:43 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.013 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H527 Bush announced plans to plop down thou- Mayor Shirley Franklin urged the con- At Michigan State University, officials sands of additional troops in the middle of a gregation not to pay tribute to King’s mes- presented a one-day civil rights exhibit that sectarian war and to shell out billions of ad- sage of peace and justice on his birthday and displayed slave shackles, a document from ditional dollars to pacify a war-weary Iraqi then contradict it the next. King’s voting rights march in Alabama and a population that, truth be told, wants Amer- ‘‘Millions can’t find jobs, have no health fingerprint card for Rosa Parks made after ica gone. insurance and struggle to make ends meet, her 1955 arrest for refusing to give up her bus Why trust this administration? working minimum-wage jobs. What’s going seat to a white man. Contrary to what Bush and his allies said: on?’’ Franklin said, repeating a refrain from Marchers commemorating King Day in There were no weapons of mass destruction soul singer Marvin Gaye. Troy, Ohio, were heckled by a group of seven poised to strike America and her allies. As King condemned the war in Vietnam 40 neo-Nazi protesters shouting white power A quick defeat of Hussein did not lead to years ago, Ebenezer’s senior pastor, the Rev. slogans and carrying signs, police said. There chocolates and flowers in the streets of Raphael G. Warnock, denounced the war in were no arrests. Baghdad. Iraq. And in North Carolina, 400 workers walked An American invasion did not produce a ‘‘The real danger is not that America may off the job or refused to show up at a huge unified, nonsectarian and Western-oriented lose the war,’’ Warnock said. ‘‘The real dan- Smithfield Foods Inc. hog slaughtering plant Iraq or spark a desire for U.S.-style govern- ger is that America may well lose its soul.’’ in Tar Heel after managers refused to grant ance throughout the Arab world. Not far from the church, visitors also paid the King holiday as a paid day off. De-Baathification and the imposition of a homage to the Kings at their tomb. The company said a union request last market economy at gunpoint did not usher ‘‘They’re together at last,’’ said Daphne week for the day off came too late for a in a period of tranquility or the flowering of Johnson, who was baptized by King at Ebe- change of work plans. capitalism. nezer. King, who would have turned 78 this year, Coretta Scott King died last year on Jan. The Bush administration struck first be- was assassinated April 4, 1968, while standing 31 at age 78. An activist in her own right, she cause it had the power to strike and the ar- on the balcony of a hotel in Memphis, Tenn. also fought to shape and preserve her hus- rogance to think, foolishly, that it could win His confessed killer, James Earl Ray, was ar- band’s legacy after his death, and founded and dominate the conquered on the cheap. rested two months later in London. King spoke in ’67 about ‘‘the Western arro- what would become the Martin Luther King gance of feeling that it has everything to Jr. Center for Nonviolent Social Change. [From the Washington Post, Jan. 16, 2007] teach others and nothing to learn from Crowds lined up early at the Atlanta His- them.’’ Witness the Bush team in Iraq. tory Center to see the first exhibition of WALKING JUST LIKE KING DID Today they have a bloodbath on their King’s collected papers since they were re- (By Michael E. Ruane and Hamil R. Harris) hands to show for their labors, and Iran is on turned to his hometown. The papers brought The opening song was No. 540 in the hym- the verge of getting an Iraqi neighbor beyond back difficult memories for some. nal, but most people at the Covenant Baptist its wildest dreams. ‘‘I remember a lot that I don’t care to Church tribute to the Rev. Martin Luther Yet even now, neoconservatives inside and say,’’ said Bertis Post, 70, of Atlanta, who King Jr. yesterday already knew the words outside of government are counseling Bush marched with King in Alabama and Atlanta. well. to remain in Iraq for years to prevent the ‘‘I always wanted to see the papers in per- Lift ev’ry voice and sing, Til earth and heav- Shiite-dominated regime from collapsing. son—just to be here and be around what you en ring.... Stony the road we trod, They also are encouraging him to prepare for believe.’’ Bitter the chast’ning rod.... battle with Iran and Syria if those countries The exhibit includes King’s letter from the start meddling in Iraq—as if they aren’t now. Birmingham jail, an early draft of his fa- Inside the venerable Washington church, With what exactly and for how long we are mous ‘‘I Have a Dream’’ speech, his accept- which was the destination for hundreds par- supposed to do battle with Tehran and Da- ance speech for the Nobel Prize and more ticipating in the city’s Martin Luther King mascus, the militaristic neocon noncombat- than 600 other personal documents. Peace Walk, the throng sang the verses to ants in Washington don’t say. But then In California, Stanford University released James Weldon Johnson’s civil rights anthem again, they have a tolerance for risk and some of King’s earliest sermons and other with gusto. cost that exceeds that of those who actually writings Monday, a decade after the docu- Yet with a steady beat, Have not our weary do the fighting and dying. ments were discovered in a moldy cardboard feet come to the place for which our fa- Forty years ago at Riverside Church, peo- box in an Atlanta basement. thers sighed? The texts include sermons written when ple of conscience declared that ‘‘a time It seemed a fitting climax to the 18-block King was a 19–year-old seminary student in comes when silence is betrayal.’’ They went walk honoring King’s birthday, which was 1948 until 1963. beyond using their voices and votes when led by DC Mayor Adrian M. Fenty and wound they agreed to break their silence. They re- In a 1949 sermon, King asked God to ‘‘help us work with renewed vigor for a warless along Martin Luther King Jr. Avenue SE to sponded, as King had urged, by matching the church on South Capitol Street. their words with actions. ‘‘We are at the mo- world, a better distribution of wealth and a brotherhood that transcends race or color.’’ It was one of numerous tributes across the ment when our lives must be placed on the region to the slain civil rights leader, who line if our nation is to survive its own folly. Elsewhere, thousands observed the holiday by volunteering. Organizers expected about would have turned 78 yesterday. King was as- Every man of humane convictions must de- sassinated in Memphis on April 4, 1968. cide on the protest that best suits his convic- 50,000 people to participate in about 600 projects, said Todd Bernstein of the group The peace walk began about 10 a.m. at V tions, but we must all protest,’’ King Street SE in Anacostia after speeches by the preached that day. MLK Day of Service. President Bush, in an unannounced stop at mayor and other officials, clergy members Yes, this is a different time and a different a high school near the White House, said peo- and civic leaders. Crowding the sidewalk for world. Global terrorism is a sobering reality. ple should honor King by finding ways to blocks, the marchers enjoyed balmy January And America is on the right side in that war. give back to their communities. Classes were weather as they strode south on the avenue, To not fight back is tantamount to indulging not in session but volunteers were sprucing chanting slogans and carrying banners. a death wish. ‘‘Today we’re blessed. The weather is not a But the first blow in Iraq, which was not a up the school. ‘‘I encourage people all around the country problem,’’ said Denise Rolark Barnes, one of battleground for terrorism, was struck by to seize any opportunity they can to help the walk’s organizers. Over the years, King Bush. He now, stubbornly and in the face of somebody in need,’’ Bush said. ‘‘And by help- birthday commemorations have been af- legitimate opposition, proposes to make ing somebody in need you’re honoring the fected by harsh winter weather, she noted. matters worse. While an official King Day parade in the Remember King and the words: ‘‘A time legacy of Martin Luther King.’’ A historical marker was unveiled com- District is scheduled for April 7, Barnes said comes when silence is betrayal.’’ memorating the site in Rocky Mount, N.C., many people believed King’s birthday needed to be observed, too. ‘‘Many of us who work [From the Washington Post, Jan. 15, 2007] where Martin Luther King Jr. delivered one of the earliest versions of his ‘‘I Have A and live along the avenue just felt as though MARTIN LUTHER KING PAPERS GOONDISPLAY Dream’’ speech. Hundreds of people attended there was something that we should do.... (By Errin Haines) a ceremony and march held near the high We said, ‘Rain, snow, sleet or hail, we would ATLANTA.—The legacy of Coretta Scott school where King spoke in November 1962. be out here,’ and fortunately it doesn’t look King loomed large Monday over the first ob- Several hundred people gathered in West like we’re going to get any of that.’’ servance of Martin Luther King Jr. Day Columbia, S.C., for a breakfast prayer serv- Fenty (D) said the walk would be a simple since her death, with tributes at the church ice, where the Rev. Brenda Kneece said King statement ‘‘We’re going to just go out and where her husband preached and visits to the set the standard for sacrifice and vision. put one foot in front of the other, and tell tomb where both civil rights activists are King’s ‘‘vision became even more powerful people that, although we made a lot of now buried. because he understood the risks he was tak- progress, we’ve got a long way to go.’’ ‘‘It is in her memory and her honor that we ing,’’ said Kneece, executive minister of the He said it could be especially instructive must carry this program on,’’ said her sister- South Carolina Christian Action Council. for the children participating. in-law, Christine King Farris, at the historic ‘‘It’s very important for our children to ‘‘It won’t be hard to explain to the kids Ebenezer Baptist Church. ‘‘This is as she know that his sacrifice didn’t win the war. how Martin Luther King was able to make so would have it.’’ We still have to keep at it’’ much progress just by walking when they’re

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Visit http:// we do a little bit of walking here ourselves.’’ to fighting terrorism, to protecting our www.mlkday.gov. find a project in your area, Residents watched from front porches and forces. and paint a school or clean up a sidewalk windows as the march proceeded and a re- ‘‘The nation is spending ‘‘two billion a today. cording of one of King’s speeches drifted week in Iraq—think of what we could do a Mr. BACA. Madam Speaker, I ask for unani- from a passing car, along with the thump of week, a month, a day with that money,’’ mous consent to revise and extend my re- pop music from another. Pelosi said, adding that the nation also has Past the avenue’s multitude of churches marks. paid too great a cost in casualties, its inter- All of us here, representing Congress have the marchers went, past the nail salons and national reputation and military readiness convenience stores. One house on the route at home. the distinct honor and privilege of working in was adorned with the images of King and fel- In Columbia, S.C., more than six years the one place where America’s history meets low civil rights champion Malcolm X after the Confederate flag was taken down the law of our land, the one place that dis- arrayed on its front steps. There were black from the Capitol dome, its location in front plays the many historic monuments, memo- marchers and white marchers, people in of the Statehouse remains an issue. rials, and permanent images of our Nation. sneakers and others wearing cuff links. ‘‘If I were a state legislator, I’d vote for it One of the most powerful images in Wash- One marcher, Keith Day, 45, who works at to move off the grounds—out of the state,’’ a drug addiction prevention agency, said: ‘‘I ington for me is the image of Dr. Martin Luther Biden said at an NAACP march and rally at King, Jr., conveying his dream during his 1963 came down here to keep the legacy of Dr. the Statehouse. King alive. If it wasn’t for him, none of this Jim Hanks stood across from the South ‘‘March on Washington’’ on the steps of the would be happening. It took a man like him Carolina Statehouse with about 35 Confed- Lincoln Memorial. Dr. King dedicated his life to to stand up for peace.’’ erate flag supporters. ‘‘We love this flag. We achieving equal rights for all Americans and Elsewhere yesterday, more than 300 people love our heritage,’’ said Hanks, of Lexington. had a clear vision on that day in 1963 for what gathered at the La Fontaine Bleu banquet Some carried signs saying, ‘‘South Caro- America should look like today. facility in Lanham for the 13th Annual Mar- lina does not want Chris Dodd,’’ referring to Dr. King understood government has a fun- tin Luther King memorial breakfast spon- the Connecticut senator who, along with sored by the Ebony Scholarship Society. damental responsibility to meet the needs of Biden, attended the National Association for all Americans regardless of race or economic There, Bishop Adam Jefferson Richardson the Advancement of Colored People rally at Jr. of the Second Episcopal District of the the Statehouse. class. His vision was for true equal economic African Methodist Episcopal Church chal- On Sunday, Dodd told The Associated opportunity for all. In his ‘‘I Have a Dream’’ lenged those gathered to go beyond just re- Press at a King remembrance service in speech, Dr. King spoke of the ‘‘fierce urgency membering King. Greenville that the Confederate flag belongs of now.’’ He said, ‘‘This is no time to engage ‘‘From memorial to movement, let the in a museum. in the luxury of cooling off or to take the tran- movement begin anew,’’ Richardson said. ‘‘It ‘‘I don’t think it belongs on the Capitol is right for us to be told Dr. King’s words, to quilizing drug of gradualism.’’ Those words grounds,’’ Dodd said. were true in 1963 and continue to remain true hear what the words mean in the context of In 2000, as the NAACP began a South Caro- 2007. At a time when we are waging war like today. lina tourism boycott, the flag was flying on My Democratic colleagues and I are working swatting flies, it would be refreshing to hear the Capitol dome and in House and Senate King’s words that violence is a poor teach- chambers. Legislators agreed to take the hard to ensure that Congress fulfills its reer.’’ flag down that year, but raised the banner sponsibility to realizing Dr. King’s dream. With- Maryland Del. Carolyn J.B. Howard (D– outside the Statehouse beside a Confederate in these first 100 hours of this Congress, we Prince George’s), who attended the event, soldiers monument. have already passed legislation to make the said that although such programs have be- Biden expects legislators here will eventu- American people safer, make our Congress come common since King’s death, ‘‘we still ally move the flag. Pointing to his heart, he more honest and open, make life better for our need to remember what he did.’’ said, ‘‘as people become more and more ‘‘It is easy to stay away, but we need to seniors, and to give a living wage to all Ameri- aware of what it means to African-Ameri- come out,’’ she said. ‘‘There needs to be a cans. cans here, this is only a matter of time.’’ new sense of activism today.’’ As our Nation celebrates Martin Luther King [From the Washington Post, Jan. 15, 2007] Day, we remember him as a beacon of [From the Associated Press, Jan. 16, 2007] change. Dr. King helped change America by MARTIN LUTHER KING, JR. DAY DEMOCRATS HAIL CIVIL RIGHTS LEADER KING leading the civil rights movement. He gave (By Jim Davenport) On April 4, 1968, the day of the Rev. Martin Luther King Jr.’s assassination, the doctor people the faith and courage to work peace- COLUMBIA, S.C.—Democratic presidential fully for change to stop racial discrimination, hopeful Joseph Biden said Monday he thinks who examined his body estimated that, after years of sit-ins, marches, long nights and in- and promote equality and opportunity across the Confederate flag should be kept off South America. So on this day, and everyday, let us Carolina’s Statehouse grounds. spiring speeches, Dr. King, 39, had the heart The comments by the U.S. senator from of a 60-year-old. On Martin Luther King Jr. recommit to changing and working to bring Delaware on a day of events celebrating Dr. Day, America honors not only Dr. King’s ac- about opportunity for all Americans. Martin Luther King Jr.’s legacy came as a complishments, though they are profound; Madam Speaker, as we celebrate Dr. King’s potential Democratic presidential candidate, his oration, though it is lyrical; and his birthday, let us carry out his vision for social Sen. Barack Obama, evoked the memory of dream, though it lives on; but also the tire- justice, equality, and peace. Let us continue to the slain civil rights leader. less devotion with which he pursued them. For too many Americans, however, the work together for the common cause, in the ‘‘As I recall, Dr. King wasn’t hanging out effort of humanity and brotherhood, so all peo- in Manhattan, Dr. King wasn’t hanging out holiday has become little more than an ex- in Beverly Hills,’’ Obama, D-Ill., told a King cuse to skip work and sleep in. ple may enjoy a better way of life and a higher remembrance service in an economically de- Enter the Corporation for National and dignity. pressed south Chicago suburb. Community Service, the government agency Mr. HOLT. Madam Speaker, I rise today to Introducing Obama, the Rev. Jesse Jack- that administers the AmeriCorps program. It recognize and honor the extraordinary life of son told a crowd at the annual King scholar- wants to make the King holiday a time of Dr. Martin Luther King, Jr. Few individuals ship breakfast, ‘‘it’s a long, nonstop line be- service rather than sloth, and it is orga- have left such an indelible mark on society tween the march in Selma in 1965 and the in- nizing community projects and events across through their selfless and tireless actions to auguration in Washington in 2009.’’ the country to do it The agency is particu- Screaming admirers managed to get larly eager to make the Washington area a improve the lives of those around them. Dr. Obama’s autograph after he advocated re- model of civic participation and service on King was a powerful voice for justice and moving troops from Iraq, rebuilding strug- Dr. King’s birthday. Its spokesmen boast equality, and we must remember his legacy, gling areas such as the suburb of Harvey that it has assembled an event schedule in- not simply by reading aloud his works, but by where he was speaking and increasing civic cluding a kickoff at Howard University and heeding his call for action. activism and calling on people, especially fa- 80 community service projects around the After receiving his doctorate from Boston thers, to be better parents. District. Organizers from the Corporation for University, Dr. King worked to confront the In San Francisco, House Speaker Nancy National and Community Service expect civil rights abuses that targeted the Black resi- Pelosi reminded more than 1,000 people at- 10,000 volunteers to contribute time and ef- dents of Montgomery, Alabama. After the tending a union-sponsored breakfast hon- fort across the region today. oring King that the slain civil rights leader We hope even more show up. We can think Montgomery bus boycott earned him national spoke out against the Vietnam War because of little more fitting than celebrating the attention, Dr. King used his platform to high- he saw domestic and national security issues values of service and self-sacrifice on Martin light other forms of racial segregation in the as inexorably intertwined. Luther King Jr. Day. Though ground has South. His actions, including nonviolent civil

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disobedience, laid the foundation for passage 61, and thank my friend from Georgia, JOHN taken. I speak as one who loves America, to of both the Civil Rights Act of 1964 and the LEWIS, for authoring this important resolution. the leaders of our own nation: The great ini- Voting Rights Act of 1965. Despite his myriad Madam Speaker, yesterday the Nation ob- tiative in this war is ours; the initiative to accomplishments, Dr. King continued to work served for the 21st time the Martin Luther stop it must be ours. day and night until his death, often delivering King, Jr., holiday. Each year this day is set Madam Speaker, these words were spoken rousing speeches even when physically and aside for Americans to celebrate the life and by Dr. King 1 year to the day before his death. mentally exhausted. legacy of a man who brought hope and heal- Thus it is that nearly 40 years after his death, These later speeches included powerful de- ing to America. The Martin Luther King holiday Dr. King continues to teach us all. nunciations of the Vietnam war, and calls for reminds us that nothing is impossible when we Madam Speaker, the death of the Rev. Dr. a more just and peaceful society. Dr. King rec- are guided by the better angels of our nature. Martin Luther King, Jr., will never overshadow ognized that resources that could have been Dr. King’s inspiring words filled a great void his life. He was both a dreamer and a man of used to fight racial and economic inequalities in our Nation, and answered our collective action. He leaves a legacy of hope, tempered at home were being squandered on an unnec- longing to become a country that truly lived by with peace. It is a legacy not quite yet fulfilled. essary war half a world away. Dr. King de- its noblest principles. Yet, Dr. King knew that Madam Speaker, Dr. King’s dream of equal- manded that people sacrifice their energy to it wasn’t enough just to talk the talk; he knew ity under the law will never die so long as fight for causes larger than themselves. I am he had to walk the walk for his words to be glad to see that the Corporation for National there are those like us in the Congress, and credible. And so we commemorate on this hol- millions of people in this country and around and Community Service has asked Americans iday the man of action, who put his life on the to honor that call by volunteering their time on the world, who are willing to continue the fight line for freedom and justice every day. to make it real for all persons. Martin Luther King, Jr., Day. We must all ac- We honor the courage of a man who en- tively work to achieve peace, both in our com- dured harassment, threats and beatings, and Mr. MEEK of Florida. Madam Speaker, Dr. munities and abroad, and I am proud to stand even bombings. We commemorate the man King brought the civil rights movement to before this body today to celebrate the life of who went to jail 29 times to achieve freedom every living room in this country. He marched Dr. King. for others, and who knew he would pay the ul- for freedom in the face of unspeakable racial Ms. EDDIE BERNICE JOHNSON of Texas. timate price for his leadership, but kept on prejudice, yet preached a message of non- Madam Speaker, today we are here to recog- marching and protesting and organizing any- violence, civility, and tolerance. It took Dr. nize Dr. King’s legacy and the millions of men way. King’s forceful movement and powerful words and women who have fought for freedom and Dr. King once said that we all have to de- to bring about real and lasting change to this justice for all Americans. cide whether we ‘‘will walk in the light of cre- country. It is rare that one person can change the ative altruism or the darkness of destructive This will be the first Martin Luther King, Jr. fate of our Nation; however Dr. King was able selfishness. Life’s most persistent and nagging Day since the passing of Dr. King’s wife, Mrs. to do just that. Dr. King relied on his relation- question, he said, is ‘what are you doing for Coretta Scott King, a legendary civil rights ad- ship with God and his faith in justice to articu- others?’’’ vocate whose memory we honored at a com- late his vision for America in a way that And when Martin talked about the end of his munity-wide march last year in Miami. During touched the hearts and minds of the American mortal life in one of his last sermons, on Feb- a time of national grief and unrest following public. ruary 4, 1968, in the pulpit of Ebenezer Baptist Dr. King’s assassination, she became a sym- Dr. King called on all of us to no longer Church, even then he lifted up the value of bol of her husband’s struggle for peace and stand alone in silence, but to stand up to- service as the hallmark of a full life. ‘‘I’d like unity. On this day, we also honor this wonder- gether as a voice against injustice. He inspired somebody to mention on that day Martin Lu- ful matriarchal figure, a role model who helped us to fight for change through nonviolent ther King, Jr. tried to give his life serving oth- lead the struggle for equality. means, and paved the road for us to continue ers,’’ he said. ‘‘I want you to say on that day, that fight even after his death. Minority communities face obstacles every Dr. King once said ‘‘All progress is precar- that I did try in my life . . . to love and serve day—poverty, unemployment, lack of ious, and the solution of one problem brings humanity. healthcare, and access to housing. It is a trag- us face to face with another problem.’’ This Madam Speaker, during these difficult days ic waste that 1 in 5 children live in poverty, in- statement was not meant to be a deterrent, when the United States is bogged down in a cluding more than one-third of African Amer- but rather to remind us that we need to remain misguided and mismanaged war in Iraq, which ican children. diligent, and prepare for the long road ahead. has claimed the lives of too many of our brave Dr. King paved the way for so many people, If we become apathetic we will regress. We young service men and women, we should including me, to assume roles of influence in have not, and must not forget the fight is not also remember that the Rev. Dr. Martin Luther this country. And for all this work, he created over. King, Jr., was, above all, a person who was a more just society and made this country an This is the first year that we’ll recognize always willing to speak truth to power. There even better place to live. On this day of re- Martin Luther King Day since the death of is perhaps no better example of Dr. King’s membrance, let us work even harder toward Mrs. Coretta Scott King. Mrs. King and I were moral integrity and consistency than his criti- fulfilling Dr. King’s legacy of public service. cism of the Vietnam war being waged by the friends and confidants for many years. She Ms. WOOLSEY. Madam Speaker, the fabric Johnson administration, an administration that was an incredible woman—graceful and dig- of our lives and the lives of all Americans has was otherwise a friend and champion of civil nified—who showed strength in the face of in- been shaped indelibly by the work of Dr. Mar- dignation and tragedy. and human rights. Speaking at the historic Riverside Church in tin Luther King, Jr. Dr. King had just 39 years Following Dr. King’s assassination, she con- to teach our country the way to achieve racial tinued his legacy promoting social and eco- New York City on April 4, 1967, Dr. King stated: and economic justice through peace and non- nomic justice for all. Mrs. King was determined violence. Although his life was short, his leg- I am as deeply concerned about our own to make his dream a reality. And we would not acy—the rich vision of social justice he in- be celebrating the legacy of Dr. King today troops there as anything else. For it occurs to me that what we are submitting them to spired—is alive and well 40 years after his without her contributions. death. It is with great pride that I take part in There are many young people who may not in Vietnam is not simply the brutalizing process that goes on in any war where armies this celebration today, to pay homage to his have experienced Dr. King’s battle towards face each other and seek to destroy. We are memory. equality. That is why it is so important to famil- adding cynicism to the process of death, for Dr. King was a leader who focused his ef- iarize them with our history and struggles. It is they must know after a short period there imperative we recognize the history of our na- that none of the things we claim to be fight- forts on improving the lives of the disadvan- tion, because we cannot look towards the fu- ing for are really involved. Before long they taged in our society. He knew that we must be ture without applying the lessons we have must know that their government has sent forever attentive to the least privileged, for learned from the past. them into a struggle among Vietnamese, and they are the measure—the only measure that Today’s Martin Luther King Day is as much the more sophisticated surely realize that we matters—of the depth of our compassion and about the past as it is about the future. Dr. are on the side of the wealthy, and the se- the strength of our laws. cure, while we create a hell for the poor. King’s dream is truly timeless, and I hope that Somehow this madness must cease. We We still have much to learn from Dr. King, all the young people will find inspiration in his must stop now. I speak as a child of God and as the dreams he envisioned for our grand- faith and vision. brother to the suffering poor of Vietnam. . . children still resonate in today’s America: Ms. JACKSON-LEE of Texas. Madam . I speak as a citizen of the world, for the equal opportunity, freedom from oppression, Speaker, I rise in strong support of H. Res. world as it stands aghast at the path we have justice for all. The eloquent cadences of his ‘‘I

VerDate Aug 31 2005 03:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\A16JA7.004 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H530 CONGRESSIONAL RECORD — HOUSE January 16, 2007 Have A Dream’’ speech left a lasting impres- Yesterday, like many of our colleagues Dr. King’s commitment to nonviolent change sion on America, and we cannot afford to for- here, I had the privilege of joining with my never wavered. Between the time he assumed get his words. For Dr. King’s dream, his con- constituents in rejoicing, remembering and giv- leadership of the Montgomery, AL, bus boycott crete vision for the future, has yet to be real- ing thanks to God for the wisdom that Dr. King in 1955, until his tragic assassination years ized. I look forward to working with my col- imparted and the enduring spirit he shared later, Dr. King faced hundreds of death threats leagues in this Congress to further the realiza- with all mankind. and a firebombing of his home with his wife tion of his goals and his strong vision. And at an event at St. Mary’s College in and children inside. Still, he remained an Mr. MARKEY. Madam Speaker I rise in southern Maryland, I encountered a man who unblinking beacon to all those who sought strong support of House Resolution 61, a res- told me that the third Monday of every Janu- peaceful change. He grew from a person olution which honors the great Dr. Martin Lu- ary isn’t just a national holiday—it’s a national taught in segregated schools to a world leader ther King, Jr., for his outstanding contributions holy day—and he was exactly right. who was awarded the Nobel Prize. to our country in the past and the continuing The commemoration of Dr. King’s birthday Dr. King delivered his now famous speech impact of his life and legacy. and the ideals for which he stood represent a entitled ‘‘I Have a Dream’’ following a march of Born on January 15, 1929, Martin Luther sacred trust—an opportunity to take note of 250,000 people in Washington, DC. Twenty King, Jr., was destined to follow in his grand- the heights we have reached as a Nation and years ago, the City of San Antonio’s Martin father’s and father’s footsteps as a Baptist celebrate the hard-earned triumphs of African Luther King, Jr., Commission began honoring minister, but no one could have known he Americans, while also demonstrating the cour- Dr. King with a march that furthers his legacy would play such an important role in this his- age to accept that we are sill far from perfect and serves to educate local citizens regarding tory of our Nation. After graduating from high and much good work remains undone. his deep, rich legacy. That march has become school at the age of 15, Martin Luther King, Coretta Scott King, who provided a shining one of the largest in the country and this Jr., attended Morehouse College in Atlanta, example of strength and determination in her march marked its own 20th anniversary yes- GA., just as his grandfather and father had own right, once said, ‘‘Struggle is a never end- terday, the day Dr. King would have turned done before. He became a pastor in Ebenezer ing process and freedom is never really won. 78. Baptist Church, and quickly rose to become You earn it and win it in every generation.’’ Despite near freezing temperatures, the San the leader of the Civil Rights movement of the I would take that statement a step further Antonio march attracted thousands of people 1950s and 1960s, inspiring first the Mont- and say that it is up to us to win it and earn of diverse backgrounds, which in the past has gomery bus boycott in 1955, and subsequently it in every day, hour, minute and second of featured Rosa Parks, the woman who sparked a nationwide battle to bring an end to racial our lives. the modern civil rights movement by refusing discrimination in our Nation’s laws and public If we take nothing else from the life and to sit at the back of the bus. Those in the accommodations, and to ensure full voting work of Dr. King, it should be that each of us march knew that no matter what the weather, rights for African Americans. Though bus boy- shares the responsibility of preserving the legit paled in comparison to the slings and ar- cotts had been attempted before, none lasted acies of peace, equality and understanding rows—the death threats and beatings, and the as long, drew as much attention or were as that were left in our hands. repeated arrests—Dr. King faced during his successful. The Montgomery Bus boycott And if we take nothing else from yesterday’s too-short but immensely inspiring life. lasted for almost an entire year and had a pro- commemoration, it should be that our work is Such peaceful marches are possible today found effect on the businesses in Mont- never done, and our mission is never com- in large part because of Dr. King’s abiding gomery. pleted. courage. The San Antonio march serves as a In recognition of his great leadership, Rev- In his letter from a Birmingham City Jail in powerful reminder that if one person finds the erend King was the youngest person ever to April of 1963, Dr. King reminds us all that, strength to keep walking forward, determined win a Nobel Peace Prize at the age of 35. He ‘‘Human progress never rolls on the wheels of to reach what Dr. King called the ‘‘Promised donated all of the prize money to the Civil inevitability—it comes through the tireless ef- Land,’’ he or she can leave in their wake a Rights Movement. forts of men willing to be co-workers with Dr. Martin Luther King, Jr., was a spiritual lasting legacy of marches—stretching from God.’’ giant who possessed a keen intellect and re- generation to generation—that celebrate and One of those co-workers is a distinguished markable insights on the human condition. In encourage changes in both laws and attitudes Member of this body, an inspiration to all of Massachusetts, we feel a sense of privilege that will continue to make America a better those who continue to fight for social justice knowing that this extraordinary historic figure place. lived and learned among us during his lifetime. and equality, and the sponsor of this legisla- Mr. REYES. Madam Speaker, I rise today in In 1955, he received a Doctorate of Philos- tion. I, of course, am referring to our colleague support of H. Res. 61, a resolution observing ophy in Systematic Theology from Boston Uni- and my very good friend, Congressman LEWIS and celebrating the birthday of Martin Luther versity. He also studied at Harvard University. of Georgia, who I regard as nothing less than King, Jr., and encouraging the people of the But most important, it was in Boston that he a national hero for demonstrating the courage United States to celebrate the birthday of Mar- met Coretta Scott, who became his wife, the to confront centuries of prejudice and racism tin Luther King, Jr., and his life and legacy. mother of his four children, and his indispen- and helping to move us toward a day where When Martin Luther King, Jr., articulated his sable partner in a destiny of struggle, trans- men and women are judged by the content of dream on the steps of the Lincoln Memorial formation and remarkable achievement. their character not the color of their skin. before 200,000 people in the tumultuous Au- Many of the words of Dr. King speak greatly As we continue to be co-workers with both gust of 1963, I was living and working on my to the adversities that we still face today. As the American people and the divine spirit that father’s farm in Canutillo, Texas, not yet a we work to change the direction of our coun- guides them, we should never forget Dr. high school graduate. Though instilled with the try, those of us in government must repeatedly King’s immortal words from that Birmingham values of hard work and education by my par- seek out those with whom we may sometimes jail or the lessons he taught. ents and grandparents, I first encountered Dr. disagree to accomplish those great things that We are indebted to men and women like Dr. King’s hopeful and empowering words with an are most worth doing. ‘‘Like an unchecked King and Coretta Scott King and JOHN LEWIS. unfortunate understanding, one borne from the cancer,’’ said Dr. King, ‘‘hate corrodes the per- Through their courage and their fortitude, we prejudice of the times. As a Mexican-Amer- sonality and eats away its vital unity. Hate de- are a better Nation today. ican, I knew, I would be limited in my pursuit stroys a man’s sense of values and his objec- While this important day is indeed a day of of the celebrated American dream. Dr. King’s tivity. It causes him to describe the beautiful remembrance, it also is a day of reaffirma- dream contradicted that understanding. as ugly and the ugly as beautiful, and to con- tion—reaffirmation of the principles that guided Although Dr. King’s ‘‘I Have a Dream’’ fuse the true with the false and the false with Dr. King’s life. speech addressed the plight of the African the true.’’ Mr. SMITH of Texas. Madam Speaker, I American, his commitment to civil rights, As Dr. King so eloquently put it, ‘‘In the end, strongly support H. Res. 61, which observes equality, and empowerment through education we will remember not the words of our en- and celebrates the birthday of Martin Luther lifted all people. With Dr. King’s leadership, emies, but the silence of our friends.’’ King, Jr., and encourages the people of the through the sheer force of his will and the I urge adoption of the resolution. United States to celebrate his life and legacy. strength of his arguments, men and women of Mr. HOYER. Mr. Speaker, I join my col- We should all thank Dr. King not only for his my generation, Black, White, and Brown, were leagues today in honoring the legacy of Dr. role in helping to end discrimination, but also able to rise and prosper in society on the Martin Luther King, Jr.—a man who answered for his role in helping to remove a stain on basis of our hard work and God-given talents. humanity’s highest calling and profoundly American history that had lingered far too Dr. King’s work and influence on society transformed the world in which we live. long. opened doors for me that, as a teenager, I

VerDate Aug 31 2005 05:43 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\A16JA7.029 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H531 thought would always be closed. I had a long adding cynicism to the process of death, for Reverend Dr. Martin Luther King’s ‘‘I Have and successful career in the U.S. Border Pa- they must know after a short period there a Dream’’ Speech, delivered on August 28, trol, rising from agent to be the agency’s first that none of the things we claim to be fight- 1963, was a clarion call to each citizen of this ing for are really involved. Before long they Hispanic sector chief. In 1996, I ran for Con- must know that their government has sent great Nation that we still hear today. His regress and became the first Latino to represent them into a struggle among Vietnamese, and quest was simply and eloquently conveyed— El Paso, a city that is 80 percent Hispanic. the more sophisticated surely realize that we he asked America to allow of its citizens to And just this past year, I was selected as are on the side of the wealthy, and the se- live out the words written in its Declaration of chairman of this body’s Permanent Select cure, while we create a hell for the poor. Independence and to have a place in this Na- Committee on Intelligence, completing a jour- Somehow this madness must cease. We tion’s Bill of Rights. ney from the farm in Canutillo that I would must stop now. I speak as a child of God and brother to the suffering poor of Vietnam. I The sixties were a time of great crisis and never have been able to imagine during that speak for those whose land is being laid conflict. The dreams of the people of this August of 1963. waste, whose homes are being destroyed, country were filled with troubling images that I thank my colleagues and urge adoption of whose culture is being subverted. I speak for arose like lava from the nightmares of violence the resolution. the poor of America who are paying the dou- and the dissension that they had to face, both Ms. JACKSON-LEE of Texas. Madam ble price of smashed hopes at home, and domestically and internationally. Speaker, this Monday the Nation observed for death and corruption in Vietnam. I speak as It was the decade of the Cuban missile cri- the 21st time the Martin Luther King, Jr., holi- a citizen of the world, for the world as it stands aghast at the path we have taken. I sis, the Vietnam war, and the assassinations day On Monday, we celebrated the life and speak as one who loves America, to the lead- of President John Fitzgerald Kennedy, Mal- legacy of a man who brought hope and heal- ers of our own nation: The great initiative in colm X, Presidential Candidate Robert Ken- ing to America. The Martin Luther King holiday this war is ours; the initiative to stop it nedy, and the man we honor here today. reminds us that nothing is impossible when we must be ours. Dr. Martin Luther King’s dream helped us are guided by the better angels of our nature. Madam Speaker, these words were spoken turn the corner on civil rights. It started with a Dr. King’s inspiring words filled a great void by Dr. King 1 year to the day before his death. peaceful march for suffrage that started in in our Nation, and answered our collective Thus it is that nearly 40 years after his death, Selma, Alabama, on March 7, 1965—a march longing to become a country that truly lived by Dr. King continues to teach us all. that ended with violence at the hands of law its noblest principles. Yet, Dr. King knew that THE LIFE OF THE REV. DR. MARTIN LUTHER KING, JR. enforcement officers as the marchers crossed it wasn’t enough just to talk the talk, that he Martin Luther King, Jr. was born in Atlanta, the Edmund Pettus Bridge. But the dream did had to walk the walk for his words to be cred- Georgia, on January 15, 1929. not die there. ible. And so we commemorate on this holiday Martin’s youth was spent in our country’s Dr. King led the Montgomery bus boycott, the man of action, who put his life on the line Deep South, then run by Jim Crow and the often with Rosa Parks. The boycott lasted for for freedom and justice every day. Klu Klux Klan. For a young African-American, 381 days, as an end result, the United States We honor the courage of a man who en- it was an environment even more dangerous Supreme Court outlawed racial segregation on dured harassment, threats and beatings, and than the one they face today. all public transportation. Dr. King used several even bombings. We commemorate the man A young Martin managed to find a dream, nonviolent tactics to protest against Jim Crow who went to jail 29 times to achieve freedom one that he pieced together from his read- laws in the South. Furthermore, he organized for others, and who knew he would pay the ul- ings—in the Bible, and literature, and just and led demonstrations for desegregation, timate price for his leadership, but kept on about any other book he could get his hands labor and voting rights. marching and protesting and organizing any- on. And not only did those books help him On April 4, 1967, at Riverside Church in way. educate himself, but they also allowed him to New York City, he spoke out against the Viet- Dr. King once said that we all have to de- work through the destructive and traumatic ex- nam War, when he saw the devastation that cide whether we ‘‘will walk in the light of cre- periences of blatant discrimination, and the his nation was causing abroad and the effect ative altruism or the darkness of destructive discriminatory abuse inflicted on himself, his that it had on the American men and women selfishness. Life’s most persistent and nagging family, and his people. sent overseas. I quote: The Rev. Dr. Martin Luther King, Jr., that we question,’’ he said, is ‘‘what are you doing for . . . it became clear to me that the war was others?’’ celebrate here today could have turned out to doing far more than devastating the hopes of And when Martin talked about the end of his be just another African American who would the poor at home. It was sending their sons mortal life in one of his last sermons, on Feb- have had to learn to be happy with what he and their brothers and their husbands to ruary 4, 1968, in the pulpit of Ebenezer Baptist had, and what he was allowed. But he learned fight and to die in extraordinarily high pro- Church, even then he lifted up the value of to use his imagination and his dreams to see portions relative to the rest of the popu- service as the hallmark of a full life. ‘‘I’d like right through those ‘‘White Only’’ signs—to lation. We were taking the black young men somebody to mention on that day Martin Lu- see the reality that all men, and women, re- who had been crippled by our society and gardless of their place of origin, their gender, sending them eight thousand miles away to ther King, Jr. tried to give his life serving oth- guarantee liberties in Southeast Asia which ers,’’ he said. ‘‘I want you to say on that day, or their creed, are created equal. they had not found in southwest Georgia and that I did try in my life . . . to love and serve Through his studies, Dr. King learned that East Harlem. humanity.’’ training his mind and broadening his intellect When the life of Dr. Martin Luther King, Jr., Madam Speaker, during these difficult days effectively shielded him from the demoralizing was stolen from us, he was a very young 39 when the United States is bogged down in a effects of segregation and discrimination. years old. People remember that Dr. King died misguided and mismanaged war in Iraq, which Dr. Martin Luther King, Jr., was a dreamer. in Memphis, but few can remember why he has claimed the lives of too many of our brave His dreams were a tool through which he was was there. young service men and women, we should able to lift his mind beyond the reality of his On that fateful day in 1968 Dr. King came also remember that the Rev. Dr. Martin Luther segregated society, and into a realm where it to Memphis to support a strike by the city’s King, Jr., was, above all, a person who was was possible that white and black, red and sanitation workers. The garbage men there always willing to speak truth to power. There brown, and all others live and work alongside had recently formed a chapter of the American is perhaps no better example of Dr. King’s each other and prosper. Federation of State, County and Municipal moral integrity and consistency than his criti- But Martin Luther King, Jr., was not just an Employees to demand better wages and work- cism of the Vietnam War being waged by the idle daydreamer. He shared his visions ing conditions. But the city refused to recog- Johnson Administration, an administration that through speeches that motivated others to join nize their union, and when the 1,300 employ- was otherwise a friend and champion of civil in his nonviolent effort to lift themselves from ees walked off their jobs the police broke up and human rights. poverty and isolation by creating a new Amer- the rally with mace and billy clubs. It was then Speaking at the historic Riverside Church in ica where equal justice and institutions were that union leaders invited Dr. King to Mem- New York City on April 4, 1967, Dr. King stat- facts of life. In the Declaration of Independence in 1776, phis. Despite the danger he might face entered: Thomas Jefferson wrote, ‘‘We hold these ing such a volatile situation, it was an invita- I am as deeply concerned about our own troops there as anything else. For it occurs truths to be self evident, that all Men are Cre- tion he could not refuse. Not because he to me that what we are submitting them to ated Equal.’’ At that time and for centuries to longed for danger, but because the labor in Vietnam is not simply the brutalizing come, African Americans were historically, cul- movement was intertwined with the civil rights process that goes on in any war where armies turally, and legally excluded from inclusion in movement for which he had given up so many face each other and seek to destroy. We are that declaration. years of his life.

VerDate Aug 31 2005 05:43 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\A16JA7.045 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H532 CONGRESSIONAL RECORD — HOUSE January 16, 2007 The death of the Rev. Dr. Martin Luther PROVIDING NEW EFFECTIVE DATE Madam Speaker, I reserve the bal- King, Jr., will never overshadow his life. That FOR APPLICABILITY OF CERTAIN ance of my time. is his legacy as a dreamer and a man of ac- PROVISIONS OF LAW Mrs. BIGGERT. Madam Speaker, I tion. It is a legacy of hope, tempered with Mr. SCOTT of Georgia. Madam yield myself such time as I may con- peace. It is a legacy not quite yet fulfilled. Speaker, I move to suspend the rules sume. I hope that Dr. King’s vision of equality and pass the bill (H.R. 188) to provide a Madam Speaker, I rise in strong sup- under the law is never lost to us, who in the new effective date for the applicability port of H.R. 188, introduced by the gen- present, toil in times of unevenness in our of certain provisions of law to Public tleman from New Jersey (Mr. equality. For without that vision—without that Law 105–331. PALLONE). This bill will provide a new dream—we can never continue to improve on The Clerk read as follows: effective date for certain provisions in Public Law 105–331. It is a simple bill the human condition. H.R. 188 and it is simple to describe. For those who have already forgotten, or Be it enacted by the Senate and House of Passage will allow the Edison Tower whose vision is already clouded with the fog of Representatives of the United States of America Museum in Edison, New Jersey, an ex- complacency, I would like to recite the words in Congress assembled, That notwithstanding tension until the end of June to raise of the good Rev. Dr. Martin Luther King, Jr., any other provision of law, for the purposes private funds. These funds will match himself: of Public Law 105–331, the end of the 2-year period specified in subparagraph (B) of sec- the roughly $380,000 in surcharges due I have a dream that one day on the red tion 5134(f)(1) of title 31, United States Code, from the sale of coins as part of the hills of Georgia the sons of former slaves and shall be July 1, 2007. This section shall apply Thomas Alva Edison Commemorative the sons of former shareholders will be able on and after December 31, 2006, as if the sec- Coin Act of 2004. to sit down together at the table of brother- tion had been enacted on such date. hood. As a result of some miscommuni- The SPEAKER pro tempore. Pursu- cations and, frankly, a lack of clarity I have a dream that one day even the State ant to the rule, the gentleman from of Mississippi, a state sweltering with the in materials, the United States Mint heat of injustice, sweltering with the heat of Georgia (Mr. SCOTT) and the gentle- provided the Edison Memorial Tower oppression, will be transformed into an oasis woman from Illinois (Mrs. BIGGERT) Corporation regarding statutory re- of freedom and justice. I have a dream that each will control 20 minutes. quirements, this brief extension is nec- my four little children will one day live in a The Chair recognizes the gentleman essary. It will allow the corporation nation where they will not be judged by the from Georgia. time to raise private sector matching color of their skin, but for the content of GENERAL LEAVE funds and thus claim the surcharges their character. I have a dream today. Mr. SCOTT of Georgia. Madam from the sale of the coins. I have a dream that one day down in Ala- Speaker, I ask unanimous consent that The situation is now cleared up and bama with its vicious racists, with its Gov- ernor having his lips dripping with words of all Members may have 5 legislative the Mint has corrected the documenta- interposition and nullification—one day days within which to revise and extend tion and all concerned agree that a right there in Alabama, little black boys and their remarks on this legislation and brief extension of the statutory 2-year black girls will be able to join hands with lit- to insert extraneous material thereon. timeline is both reasonable and a prac- tle white boys and white girls as sisters and The SPEAKER pro tempore. Is there tical and fair way to deal with the situ- brothers. objection to the request of the gen- ation. I have a dream today. tleman from Georgia? The matching fund requirements I have a dream that one day every valley There was no objection. were part of sensible reforms to the shall be exalted, every hill and mountain Mr. SCOTT of Georgia. Madam commemorative coin program enacted shall be made low, the rough place will be Speaker, I yield myself such time as I in the 104th Congress at the behest of made plain and the crooked places will be may consume. the gentleman from Delaware (Mr. made straight, and the glory of the Lord Madam Speaker, I urge today that shall be revealed, and all flesh shall see it to- CASTLE). They are an important safe- gether. the House pass H.R. 188, which was in- guard against misuse of the commemo- troduced by the distinguished gen- rative coin program. This modest ex- Dr. King’s dream did not stop at racial tleman from New Jersey, Representa- tension creates no precedent for future equality, his ultimate dream was one of human tive PALLONE. surcharge recipients who fail to raise equality. There is no doubt that Dr. King sup- This bill has the simple purpose of the required funds in a timely fashion, ported freedom and justice for every individual addressing a glitch in the distribution and is merely a brief pause to allow in America. We continue that fight today and of surcharges on the sale of commemo- satisfaction of the statute. forever, in the great spirit that inspired the rative coins that honor America’s This is a good bill, one that passed Rev. Dr. Martin Luther King, Jr. great inventor, Thomas Edison. the House in November of 2006 by voice Madam Speaker, I thank all my colleagues In 1988, legislation authorizing the vote but was not acted upon by the for being here and remembering Dr. King’s production of the coin was enacted and other body. I urge its immediate pas- dream and for all that has been done to keep the U.S. Mint minted and issued the sage. his dream alive. coin in 2004. But as a result of some un- Madam Speaker, I reserve the bal- Mr. CONYERS. Madam Speaker, I clear language in the documents pro- ance of my time. yield back the balance of my time. vided both the Mint and to recipient Mr. SCOTT of Georgia. Madam The SPEAKER pro tempore (Ms. organizations, it was unclear that the Speaker, I yield 5 minutes to the gen- SOLIS). The question is on the motion matching funds required by law in the tleman from New Jersey (Mr. offered by the gentleman from Michi- order for recipient organizations to re- PALLONE), someone who is truly a lead- gan (Mr. CONYERS) that the House sus- ceive the coin’s proceeds must be er in this Congress and the sponsor of pend the rules and agree to the resolu- raised entirely from private sources this bill. tion, H. Res. 61. and that no other government funds Mr. PALLONE. Madam Speaker, I The question was taken. could be used for this purpose. want to thank my colleague from Geor- This bill extends for a period of 6 gia for those very kind words. The SPEAKER pro tempore. In the months the amount of time in which Madam Speaker, I rise in support of opinion of the Chair, two-thirds of the recipients of surcharges on the this bill, which already passed the those voting have responded in the af- sales of the Thomas Edison commemo- House by voice vote last November and firmative. rative coin are allowed to raise match- was well on its way to becoming law Mr. CONYERS. Madam Speaker, on ing funds. until it was held up in the other body. that I demand the yeas and nays. While the House passed the bill to I have reintroduced the bill with Mr. The yeas and nays were ordered. remedy this problem by voice vote FRANK of Massachusetts, who is, of The SPEAKER pro tempore. Pursu- under suspension of rules last Novem- course, the chairman of the Financial ant to clause 8 of rule XX and the ber, the Senate failed to act on this in Services Committee, and my colleague Chair’s prior announcement, further a timely manner, so I would urge the from New Jersey (Mr. SIRES) who is proceedings on this question will be House to consider the bill and imme- also here to speak on the bill, and also postponed. diately adopt the underlying text. Mr. FRELINGHUYSEN. It is a very simple

VerDate Aug 31 2005 05:43 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JA7.050 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H533 bill, designed to provide the Edison Me- which has been critical to moving the quirements conditioning payment to a des- morial Tower Corporation additional legislation. Joe Pinder of the Repub- ignated recipient organization of certain pro- time to raise funds to match a Federal lican committee staff has also been ceeds from any surcharges on the sale of grant. quite helpful, and I thank him as well. Thomas Alva Edison Commemorative Coins. The Edison Memorial Tower is a 131- I thank my two colleagues, both the H.R.188 will establish July 1, 2007, as the foot tower built in 1937 on the exact gentleman from Georgia and my Re- end of the 2-year period after which there spot where Thomas Edison’s original publican colleague, for the statements must be deposited in the Treasury as mis- Menlo Park laboratory was located in they made today. cellaneous receipts any amounts deriving from New Jersey. It was built to commemo- This bill will go a long way towards such surcharge proceeds which have not been rate Edison’s work and is connected to ensuring that we can preserve an im- paid to a designated recipient organization a museum displaying many of the in- portant landmark saluting a great solely because of the organization’s failure to ventor’s creations. American, and I ask my colleagues for submit an audited financial statement dem- Unfortunately, the tower has suffered their support. onstrating that all matching requirements have more than $3 million worth of water Mr. SCOTT of Georgia. Madam been met. damage. The Edison Memorial Tower Speaker, it is now my pleasure to yield This extension will allow many organizations Corporation, which oversees the tower, 1 minute to one of our distinguished to receive the funds provided to them under was designated as a recipient of Fed- newer Members from New Jersey (Mr. the bill, and thus carry out the original intent eral funds under the Thomas Alva Edi- SIRES). of this body to celebrate the legacy of Thomas son Commemorative Coin Act, which Mr. SIRES. Madam Speaker, I want A. Edison, one of this country’s greatest inven- we passed in 1998. to first thank senior Congressman tors. That funding became available at the PALLONE for allowing me to be part of The 2004 Thomas Alva Edison Commemo- beginning of last year but required a this bill. rative Coin Act, Public Law 105–331, author- non-Federal match. After reading a Madam Speaker, this bill gives the izes the production of up to 500,000 silver dol- document published by the Mint, the Edison Memorial Tower Corporation an lar coins. This coin commemorates the 125th Tower Corporation originally thought extension to raise private matching anniversary of Thomas Edison’s invention of that they could use State funds to pay funds. This would allow the corpora- the light bulb. Thomas Edison made immeasurable con- for the match. Unfortunately, they tion to receive Federal funding from tributions to this country. His inventions in- were informed recently by the U.S. the minting of the Thomas Alva Edison clude the invention of a complete system of Mint that they could only use funds Commemorative Coin. electric light and power and the launching of raised from private sources. The corporation is a group of local the modern electric utility industry. The Pearl Once they realized this, the Tower residents from Edison, New Jersey, Street station, which opened in lower Manhat- Corporation approached me for help who oversee and manage the Edison tan in September 1882, featured safe and reli- since they were faced with the need to Memorial Tower. The tower, built as a able central power generation, efficient dis- raise more than $300,000 by the end of memorial to Thomas Edison in 1937, has suffered damage over the years and tribution, and a successful end use (i.e., the 2006 to reach the statutory deadline for long-lasting incandescent light bulb and elec- is in need of about 3 to $4 million worth applying for the Federal funding. That tric motors. In the 1890s, Edison began work- is why I introduced the legislation to of repairs. A misunderstanding between the ing on motion picture technology, and in the extend that deadline by 6 months, to process created a third industry. Edison began mint and the corporation left the cor- give them adequate time to raise pri- commercial production of short movies in poration short of matching funds. This vate funds. 1893, often filming in the famous ‘‘Black bill simply extends the amount of time I would point out that the board of Maria,’’ the first motion picture studio. Like the the corporation has to raise nongovern- the Tower Corporation has assured me electric light and phonograph before it, Edison mental funds from December 31, 2006, and the Committee on Financial Serv- developed a complete system that encom- to July 1, 2007. It rectifies a misunder- ices that they will be able to raise the passed everything needed to both film and standing between the mint and a group necessary funds in 6 months and that show motion pictures. of concerned citizens in my home State they would not request another exten- We must continue to acknowledge and of New Jersey. sion. honor Thomas Edison for his irreplaceable I urge all my colleagues to support We all know that Thomas Edison’s contributions, many of which we cannot imag- H.R. 188 and thank you very much for contributions to our society are too ine living without. Some of the organizations the time. numerous to count, but by creating the that will receive funds to help honor the many Mr. SCOTT of Georgia. Madam modern light bulb at this location he is great contributions of Thomas A. Edison in- Speaker, I yield myself such time as I one of America’s most recognized clude: thinkers and inventors. The Memorial may consume. Museum of Arts and History—Up to one- Tower helps celebrate his achieve- I want to also extend my deep cour- eighth to the Museum of Arts and History, in ments and salutes the spirit of innova- tesies to Mrs. BIGGERT. It is always a the city of Port Huron, Michigan, for the en- tion that he fostered. We need to pass pleasure to be on the floor with her, dowment and construction of a special mu- this to ensure that the Memorial and I appreciate her kindness and con- seum on the life of Thomas A. Edison in Port Tower can be repaired and serve not sideration and the work she has put Huron; only as a memorial to a great man, but into this bill and the Republicans on Edison Birthplace Association—Up to one- also as a symbol of America’s potential the other side. eighth to the Edison Birthplace Association, for technological innovation and Madam Speaker, Thomas Edison is Inc. in Milan, Ohio, to assist in the efforts of achievement. truly an American hero, and this bill the association to raise an endowment as a Lastly, Madam Speaker, I just would will go a long way to helping to fix just permanent source of support for the repair like to thank sincerely my colleagues, a minor problem and give just a little and maintenance of the Thomas A. Edison first of all Chairman FRANK, and, of bit more time for the people to do a fit- birthplace, a national historic landmark; course, Ranking Member BACHUS, for ting commemorative to him. National Park Service—Up to one-eighth to their willingness to move this bill, and Madam Speaker, I have no further re- the National Park Service, for use in pro- the leadership on both sides of the aisle quests for time, and I yield back the tecting, restoring and cataloguing historic doc- for putting it on the suspension cal- balance of my time. uments and objects at the ‘‘Invention Factory’’ endar so early in this new Congress. Mrs. BIGGERT. Madam Speaker, I of Thomas A. Edison, in West Orange, New thank the gentleman from Georgia for Jersey; 1500 b his kind words. Edison Plaza Museum—Up to one-eighth to I want to thank, again, first of all, Ms. JACKSON-LEE of Texas. Madam the Edison Plaza Museum in Beaumont, Eric Gordon, my staff person sitting to Speaker, I rise today in support of H.R. 188, Texas, for expanding educational programs on my left, who worked so hard on this, which extends the effective date for the appli- Thomas A. Edison and for the repair and and also the hard work of Jamie cability of certain provisions of law to Public maintenance of the museum; Lizarraga on the Democratic staff of Law 105–331 to July 1, 2007. Public Law Edison Winter Home and Museum—Up to the Financial Services Committee 105–331 revises the nonfederal matching re- one-eighth to the Edison Winter Home and

VerDate Aug 31 2005 05:43 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K16JA7.016 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H534 CONGRESSIONAL RECORD — HOUSE January 16, 2007 Museum in Fort Myers, Florida, for historic AUTHORITY TO CONTINUE TO IN- loan volume could result in this cur- preservation, restoration, and maintenance of SURE HOME EQUITY CONVER- rent national volume cap of FHA re- the historic home and chemical laboratory of SION MORTGAGES verse mortgage loans being reached be- Thomas A. Edison; Mr. SCOTT of Georgia. Madam fore February 15. Edison Institute—Up to one-eighth to the Speaker, I move to suspend the rules The FHA HECM program is the old- Edison Institute, otherwise known as ‘‘Green- and pass the bill (H.R. 391) to authorize est and most popular reverse mortgage field Village’’ in Dearborn, Michigan, for use in the Secretary of Housing and Urban product, accounting for 90 percent of the total market. It has been available maintaining and expanding displays and edu- Development to continue to insure, and since 1989 to homeowners aged 62 or cational programs associated with Thomas A. to enter into commitments to insure, older. HECM loans are insured by the Edison; and home equity conversion mortgages Federal Government through the Fed- Edison Memorial Tower—Up to one-eighth under section 255 of the National Hous- eral Housing Administration at the De- to the Edison Memorial Tower in Edison, New ing Act. partment of Housing and Urban Devel- Jersey, for the preservation, restoration, and The Clerk read as follows: expansion of the tower and museum. opment, HUD. H.R. 391 The HECM program was created to It is important that we allow these organiza- Be it enacted by the Senate and House of Rep- serve our seniors who are cash poor but tions that were selected to receive proceeds resentatives of the United States of America in equity rich. The majority of loan re- from the sale of the commemorative coins to Congress assembled, cipients are elderly widows. The funds receive the funds that will financially support SECTION 1. AUTHORITY TO INSURE HOME EQ- from a reverse mortgage can be used their efforts to honor the legacy of Thomas A. UITY CONVERSION MORTGAGES. for anything: daily living expenses; Edison. The Secretary of Housing and Urban Devel- opment may, until the date specified in sec- home repairs or modifications; health I urge my colleagues to support H.R. 188 to tion 106(3) of the Continuing Appropriations care expenses, including prescription provide a new effective date for the applica- Resolution, 2007 (Division B of Public Law drugs or in-home care; existing debts; bility of certain provisions of law to Public Law 109–289; 120 Stat. 1313), insure and enter into and other needs. This is extraor- 105–331. commitments to insure mortgages under sec- dinarily important and timely legisla- Mr. BACHUS. Madam Speaker, I am happy tion 255 of the National Housing Act (12 tion for our seniors. to rise today in strong support of H.R. 188, U.S.C. 1715z–20), without regard to the limi- The HUD HECM program has proven tation in the first sentence of such section legislation ‘‘to provide a new effective date for to be a growing success, serving its certain provisions of law in Public Law 105– 255(g), as amended by section 131 of the Con- tinuing Appropriations Resolution, 2007 (120 mission, while actually making money 331,’’ introduced by the gentleman from New Stat. 1316). for the Federal Government. Its rapid Jersey, Mr. PALLONE. The SPEAKER pro tempore. Pursu- pace of growth created a near crisis in Enacted in 1998, Public Law 105–331 pro- ant to the rule, the gentleman from 2005 when the number of FHA reverse vided for the issuance in 2004 of the Thomas mortgage loans began to near a statu- Georgia (Mr. SCOTT) and the gentle- Alva Edison Commemorative Coin, commemo- tory volume cap on the number of re- woman from Illinois (Mrs. BIGGERT) rating the 125th anniversary of Edison’s inven- each will control 20 minutes. verse mortgages that FHA could in- tion of the light bulb. The Chair recognizes the gentleman sure, leaving the program on the edge In the years between the passage of that from Georgia. of suspension. However, emergency appropriations legislation and now, leadership of the group Mr. SCOTT of Georgia. Madam legislation for fiscal year 2005 raised that operates the Edison Memorial Tower in Speaker, I yield myself such time as I the volume cap from 150,000 to 250,000. Edison, New Jersey made plans to comply may need. Last fall, in the face of a similar con- with statutory requirements to raise funds to First of all, H.R. 391 is a bill spon- cern, the limit was increased a little match one-eighth of the surcharges raised sored by my good friend and colleague further to 275,000. However, current from the sales of the coins—about $380,000— from Utah (Mr. MATHESON). H.R. 391 projections show a very real risk that and thus claim the surcharge funds. Unfortu- would prevent any shutdown of the the cap will be met before February 15. nately, through a series of miscom- Federal Housing Administration, FHA, munications, it was not made clear to the In 2006, the House passed a bill that reverse mortgage program. This pro- included a provision eliminating the board that these must be non-governmental gram is also known as the Home Eq- funds. FHA reverse mortgage volume cap, but uity Conversion Mortgage program, or unfortunately, the Senate did not act When the error was discovered, the group the HECM program. moved quickly, seeking an extension of the 2- on this bill. As a result, in the short As we are all aware, the Federal Gov- term, the statutory cap needs to be year time limit to raise those funds. Madam ernment is currently operating with Speaker, on November 16 of last year, the kept above the actual number of loans, temporary funding authority that ex- or HUD will be required under law to House passed legislation similar to that which pires on February 15, 2007. The FHA we are considering today that would have per- suspend the program. That is why we can insure no more than 275,000 FHA need this very important piece of legis- mitted an extension until the end of June. Un- reverse mortgages cumulatively na- fortunately, during the wrap-up of the 109th lation passed. tionwide under this authority. Madam Speaker, I reserve the bal- Congress, the other body did not consider the A reverse mortgage is a unique loan ance of my time. legislation. However, I am confident that when that enables senior homeowners to re- Mrs. BIGGERT. Madam Speaker, I the House sends this version of the bill to the main in their homes and remain finan- yield myself such time as I may con- Senate, it will quickly pass. cially independent by converting part sume. It is for these reasons, and because the in- of their home equity into income with- I rise today in support of H.R. 391, vention of the light bulb is as good a thing to out having to sell their home, give up legislation that would temporarily re- commemorate as I can imagine, that I urge title, or take on a new monthly mort- move the cap on the number of home immediate passage of this legislation. gage payment. equity conversion mortgages that may Mrs. BIGGERT. Madam Speaker, I Reverse mortgage is an apt name be- be insured by the Department of Hous- have no further speakers, and I yield cause the payment stream is reversed. ing and Urban Development’s FHA pro- back the balance of my time. Instead of making monthly payments gram. I would like to thank my col- The SPEAKER pro tempore. The to the lender, as with a regular mort- leagues, Congressman JIM MATHESON, question is on the motion offered by gage, the lender makes payments to and Congresswoman GINNY BROWN- the gentleman from Georgia (Mr. the homeowner. Payments to the bor- WAITE, for introducing this important SCOTT) that the House suspend the rower come in the form of a lump sum, bill. rules and pass the bill, H.R. 188. monthly payments, a line of credit, or This legislation is similar to H.R. The question was taken; and (two- a combination thereof. Thus, the funds 2892, the Reverse Mortgages to Help thirds of those being in the affirma- can be adapted to the financial needs of America’s Seniors Act, which was ap- tive) the rules were suspended and the the senior taking out that particular proved by the House by voice vote in bill was passed. loan. the previous Congress. A motion to reconsider was laid on Mr. MATHESON’s bill is necessary be- Madam Speaker, this legislation the table. cause surging FHA reverse mortgage would enable senior homeowners to

VerDate Aug 31 2005 05:43 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JA7.027 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H535 continue to tap into an important Mr. SCOTT of Georgia. Madam place by passing this bill today and source of cash, the equity in their own Speaker, I yield 3 minutes to the dis- moving ahead on the broader legisla- homes. Nicknamed ‘‘reverse mort- tinguished gentleman from Utah (Mr. tion in the near future. gages,’’ these HECMs allow Americans MATHESON), who has provided sterling So I encourage my colleagues to join age 62 and older to maintain financial leadership on this issue and is an out- me in supporting H.R. 391 and pro- independence while staying in their standing leader in the Financial Serv- viding seniors with the assurance that own homes. ices Committee. they can utilize this important pro- The reverse mortgage is a unique Mr. MATHESON. Madam Speaker, I gram and not face an arbitrary dead- loan that allows seniors who are home- really would like to first thank Chair- line by hitting the cap. I urge passage owners to convert part of the equity in man FRANK and Ranking Member of this bill. their homes into tax-free income with- BACHUS for their help in moving ahead Mr. SCOTT of Georgia. Madam out having to sell their home, give up with this bill. I am pleased to have Speaker, I have no further speakers at title, or take on new mortgage pay- worked with the Financial Services this time. ments. Committee on this legislation, and I Let me just say in concluding, this is The funds collected from a reverse appreciate leadership’s prompt sched- vitally important, this is vitally im- mortgage can be used for whatever uling of this bill today for consider- portant to all Americans, but it most needs a senior may have, including ation. certainly is extraordinarily important home repairs, health care costs, debts I would also like to thank some of to our seniors, and especially those or simple daily living expenses. the Financial Services Committee that are widowed, so that we can lift Instead of making monthly payments members who have worked with me on this cap to save this program. It is a to the lender, as with a regular or for- this legislation, including Congress- very, very important program. ward mortgage, the senior can receive woman GINNY BROWN-WAITE of Florida Again, I commend Mrs. BIGGERT and payments or a payment from the lend- who introduced the bill with me. It is a all of those on the House Financial er. Under the reverse mortgage, senior good, bipartisan bill. Services, and Mr. MATHESON for the homeowners can receive a lump sum, There are many members of the com- brilliant leadership he has provided us fixed monthly payments, a line of cred- mittee who have cosponsored the bill, with, and the fact that we all stand it or a combination of the three, de- including Chairman FRANK, Ranking ready to assist Mr. MATHESON when he pending on their individual situations. Member BACHUS, Chairwoman WATERS brings the other bill back so that we The program ensures that the reverse and Ranking Member BIGGERT, mem- can permanently solve this problem. mortgage is paid back when they move bers GEOFF DAVIS and GARY MILLER. GENERAL LEAVE or when they pass away, and the home- I want to thank the staff of the Fi- Mr. SCOTT of Georgia. Madam owner will never owe more than the nancial Services Committee as well. Speaker, I ask unanimous consent that house is worth. They have been very helpful in moving all Members have 5 legislative days With a reverse mortgage, senior this legislation along. within which to revise and extend their homeowners who are house rich but You have heard a description of this. remarks on this legislation and to in- cash poor can access cash for their It is quite frankly a rather simple bill. sert extraneous material thereon. needs while keeping their homes. It will temporarily lift the statutory The SPEAKER pro tempore (Ms. When the Home Equity Conversion limitation, or cap, on the number of SOLIS). Is there objection to the re- Mortgage program was initially made home equity conversion mortgages quest of the gentleman from Georgia? permanent, the number of such loans that the FHA may insure. As you have There was no objection. that the FHA program could handle at heard, the current limit right now is at Mr. SCOTT of Georgia. Madam any given time was capped so that 275,000 HECM mortgages, and it is im- Speaker, I yield back the balance of HUD and Congress could determine the portant we are considering this legisla- my time. safety and soundness of the program. tion right now because we are ap- Mrs. BIGGERT. Madam Speaker, in Nearly 10 years later, we now know proaching that limit. In fact, as I un- closing let me just say that the number the program is successful. In my home derstand it, right now the portfolio of elderly people in America continues State of Illinois alone, the number of stands at over 260,000 today, and there to rise, and with advances in health FHA-insured reverse mortgages has are many more loans in the pipeline care and technology seniors will con- nearly doubled since 2004 to just short waiting for HUD endorsement for in- tinue to represent a larger percentage of 2,000 in 2006. surance. So this is a timely bill. of the population. It is important that With the removal of the cap, more My bill would lift the cap in order to these citizens have as many economic seniors will be able to put the equity in prevent FHA lending to shut down this resources as possible to support them their homes to work for them. very popular and necessary program, in the future. Under this bill, the cap only will be and my bill would suspend the cap Further, studies show that given the removed through February 15, as was through the time covered under the chance seniors overwhelmingly desire noted. It is my hope that by tempo- current continuing resolution. to live out their lives in their own rarily removing this cap, which cur- This bill is a good step to take today, homes. The reverse mortgage is an im- rently limits the number of out- but it is just one step. We are going to portant tool that can help in address- standing loans to 275,000, another need to go further. Along with many of ing the needs of seniors today and in measure that we will consider later my colleagues who are on the floor the years to come. could expand the removal further, with me today, I plan to introduce a I thank the gentleman from Utah for eventually leading to a permanent fix. separate bill that will permanently introducing this bill, and I thank the According to the AARP, a leading eliminate the cap. gentleman from Georgia for managing supporter of this bill, only the com- Now, this program, you have heard the bill. I urge support of this legisla- plete removal of the volume cap will the description from both Mr. SCOTT tion. prevent the possibility of detrimental and Mrs. BIGGERT, it helps so many Mr. BACHUS. Madam Speaker, I rise today program disruptions in the future. seniors who really have a need. in support of H.R. 391, sponsored by my col- Living in the home that may have leagues Congresswoman GINNY BROWN-WAITE 1515 seen the raising of children and the joy b and Congressman JIM MATHESON, which of grandchildren should be an option It is such an important program, and would temporarily remove the cap on the num- for seniors well into retirement. I urge it is great that we have an opportunity ber of reverse mortgages that may be insured my colleagues to join me in supporting right now to eliminate what would be by the Federal Housing Administration (FHA). this important bill that will protect an unnecessary impediment to having The FHA reverse mortgage program, known the ability of seniors to stay in their seniors take advantage of this oppor- as HUD’s Home Equity Conversion Mortgage homes and provide them with economic tunity. Program, or ‘‘HECM,’’ is the oldest and most security. We should provide stability to this popular reverse mortgage program in the Madam Speaker, I reserve the bal- program, and we should avoid any dis- country, accounting for 90 percent of the total ance of my time. ruption and uncertainty in the market- market. It has been available since 1989 to

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\K16JA7.020 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H536 CONGRESSIONAL RECORD — HOUSE January 16, 2007 homeowners age 62 and older and is an im- live. It holds treasured memories and provides lishing the President’s Committee on Equal portant tool providing seniors with much-need- economic security to support increasingly Employment Opportunity and reaffirming ed cash flow. longer lives. I urge Members to unanimously the prohibition of discrimination against any employee of, or applicant for employ- By 2010, the number of elderly Americans is support this bill so that seniors can maintain expected to top 40 million. Over the next 35 ment by, the Federal Government because of their independence and stay in their homes. race, color, religion, or national origin; years, the expected number of older seniors— Mrs. BIGGERT. Madam Speaker, I Whereas Executive Order 10925 laid the those age 85 and older—will quadruple from yield back the balance of my time. foundation for title VII of the Civil Rights 3.5 million to 14 million. Besides finding safe The SPEAKER pro tempore. The Act of 1964; and affordable housing, seniors face the chal- question is on the motion offered by Whereas on November 17, 1961, 21 African- lenge of paying for daily expenditures and ris- the gentleman from Georgia (Mr. American shipyard workers at Mare Island ing healthcare costs. These growing financial SCOTT) that the House suspend the Naval Shipyard filed a racial discrimination responsibilities are coupled with a diminishing rules and pass the bill, H.R. 391. complaint with the Committee on Equal Em- ployment Opportunity; income and cash flow. The question was taken; and (two- The reverse mortgage product fills in this Whereas the complaint outlined nine alle- thirds of those being in the affirma- gations of racial discrimination in employ- gap by enabling senior homeowners to remain tive) the rules were suspended and the ment at Mare Island Naval Shipyard and rein their homes and maintain financial inde- bill was passed. quested that the Committee investigate and pendence. Through this program, seniors con- A motion to reconsider was laid on correct the deplorable conditions at Mare Is- vert part of the equity in their homes into tax- the table. land Naval Shipyard; free income without having to sell the home, Whereas the filing of this complaint along give up title, or take on a new monthly mort- f with other similar complaints of racial dis- gage payment. Previously, the only way for a STUDENT LOANS crimination led to an acknowledgment by homeowner to extract cash from their home then Defense Secretary Robert McNamara in was to sell it, or to borrow against it and begin (Ms. WATSON asked and was given 1963 that there was employment discrimination based on race in the military; making monthly payments. permission to address the House for 1 minute.) Whereas on November 8, 1963, the Original The HECM program was created to serve 21ers Club was officially recognized with the our seniors who are ‘‘cash poor’’ but ‘‘equity Ms. WATSON. Madam Speaker, this week Democrats will continue to meet purpose of elevating qualified minorities in rich,’’ and the majority of loan recipients are every phase of Mare Island employment, cre- elderly widows. The funds from a reverse the needs of the American people by in- ating a better relationship between manage- mortgage can be used for anything: daily living troducing the legislation to cut stu- ment and employees and better acquainting expenses; home repairs or modifications; dent loans interest rates in half. their membership with the working condi- health care expenses, including prescription The cost of attending college con- tions of every occupation; drugs or in-home care; existing debts; preven- tinues to skyrocket, putting college Whereas the actions and persistence of the tion of foreclosure; and other needs. out of reach for more and more stu- Original 21ers provided the means for over- For example, a 75-year-old with a home dents. Tuition and fees at public uni- turning racial discrimination in employment versities have increased by 41 percent at Mare Island Naval Shipyard and resulted worth $100,000 could receive a reverse mort- in new employment opportunities for Afri- gage loan that could payout $500 per month after inflation since the 2000–2001 aca- can-American workers at Mare Island Naval for almost 12 years. This loan is then repaid demic year, and fees at private univer- Shipyard; when the borrower dies or the home is sold. sities have jumped 17 percent after in- Whereas the Original 21ers went on to or- Not only do seniors face a shortage of af- flation. Today, the typical student bor- ganize for equal employment opportunities fordable housing, but surveys show that most rower graduates from college with in other local military facilities in the San seniors prefer to live out their lives in the own $17,500 in debt. According to the De- Francisco Bay Area of California; and homes. According to a study by AARP, over partment of Education, the rising cost Whereas the heroic deeds of the Original 80 percent of respondents indicated that they of higher education will prevent 4.4 21ers have remained heretofore unacknowledged: Now, therefore, be it wanted to stay in their current residence as million high school graduates from at- Resolved by the House of Representatives (the long as possible. Further, according to the Na- tending a 4-year college over the next Senate concurring), tional Council on the Aging, of the over 27 mil- decade. (1) that the Congress recognizes the his- lion households in the U.S. over 62 years of Madam Speaker, more than ever the toric accomplishments of the Mare Island age, 82 percent live in homes that they own health of our economy rests on having Original 21ers in combating racial discrimi- and over 74 percent own those homes free a highly skilled and educated work- nation in employment as envisioned in title and clear. force. College access is key to Amer- VII of the Civil Rights Act of 1964 and pro- In 1998, Congress adopted legislation mak- ica’s future, and cutting student loan viding equal employment opportunities for African-American shipyard workers; ing the HECM program permanent, but set a interest rates is key to making college cap of 150,000 loans that could be out- (2) that the Congress recognizes the impor- more affordable to millions of Ameri- tance of the Committee on Equal Employ- standing at any one time. Because production cans. ment Opportunity as a forerunner to the of HECM loans began to bump up against that f Equal Employment Opportunity Commission cap, Congress first increased the authorization which continues the fight in resolving com- cap to 250,000 in 2005 and then to 275,000 HONORING THE MARE ISLAND plaints of racial discrimination in employ- in late 2006. However, there are indications ORIGINAL 21ERS ment; and that this increase may not be sufficient, and (3) that the Congress recognizes the impor- Mr. GEORGE MILLER of California. that this cap will stifle the ability of seniors to tance of title VII of the Civil Rights Act of Madam Speaker, I move to suspend the tap into this important equity as a way of ad- 1964 as a powerful and ongoing tool for elimi- rules and agree to the concurrent reso- nating racial discrimination in employment. dressing everyday needs. According to the lution (H. Con. Res. 31) honoring the Wall Street Journal, in Fiscal Year 2006, The SPEAKER pro tempore. Pursu- homeowners took out a record 76,351 reverse Mare Island Original 21ers for their ef- ant to the rule, the gentleman from mortgages, which represents an increase of forts to remedy racial discrimination California (Mr. GEORGE MILLER) and 77 percent over the previous year. in employment at Mare Island Naval the gentleman from Minnesota (Mr. This legislation will remove the cap on the Shipyard. KLINE) each will control 20 minutes. number of reverse mortgages that can be in- The Clerk read as follows: The Chair recognizes the gentleman sured by the HECM program through February H. CON. RES. 31 from California. 15, the date on which the current Continuing Whereas over 45 years ago African-Amer- Mr. GEORGE MILLER of California. Resolution expires. This measure is similar to ican workers employed by the Mare Island Madam Speaker, I yield myself such H.R. 2892, the ‘‘Reverse Mortgages to Help Naval Shipyard in Vallejo, California, de- time as I may consume. America’s Seniors Act,’’ which was passed by spite having work experiences and qualifica- Madam Speaker, yesterday on the oc- the House by voice vote in the last Congress. tions comparable to their counterparts, ex- casion of his birthday people across perienced racial discrimination resulting in this country took time to honor and While only a temporary fix, today’s bill will the denial of opportunities in employment, pave the way for removal of the cap through training, and apprenticeship positions, su- celebrate the life of Dr. Martin Luther the end of 2007. pervisory positions, promotions, and awards; King. Many of us participated in acts For most seniors, and most Americans, a Whereas in March 1961 President John F. of community service and community home represents more than just a place to Kennedy issued Executive Order 10925 estab- rallies or took time out to listen to the

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JA7.040 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H537 words of Martin Luther King and his sult, there are Negro employees with 15 The actions of the Mare Island 21ers speeches. We were reminded that the or 20 years of experience still in this resulted in new employment opportuni- words and works of this great civil category while white workers with ties for African Americans at other rights leader are still timely today. much less experience and time have naval bases all across the Nation. In his writings Dr. King often cited moved rapidly up the ladder of pro- Despite these pioneering steps, their examples of how the simple but coura- motion. They also said that Negro em- early civil rights efforts remained in geous acts of one or two people to fight ployees are systemically barred from obscurity until recently. The group’s racial discrimination had far reaching supervisorial positions although many surviving members still talk about the implications for the future of this are entitled to such positions by reason movement, but the full story was bur- country. He talked about the persist- of seniority and experience. There are ied in the 1960s and only recently came ence, the relentless persistence of aver- two Negro lead men and sandblasters to light as a result of a series in the age individuals to fight against dis- and one Negro leading man laborer out newspaper articles by the Vallejo crimination, to fight against injustice, of a force of hundreds of supervisors, Times Herald reporter Matthias Gafni. and to fight against inequalities. In his and the statistics proved this discrimi- Mr. Speaker, in tribute to these men cell from the Birmingham jail, he nation. He also said that Negroes who and their fight to end racial discrimi- writes of James Meredith and Rosa take examinations for advancement for nation in the workplace, it is proper Parks, and how the simple but selfless the most part are flunked out on later for Congress to formally recognize the acts of just one person helped change oral interviews even though they Mare Island Original 21ers and thank the course of this country. As he saw passed the previous examination. The them for their heroic actions and their it, these acts and the destiny of Afri- board is made up of the top three su- gift to this Nation to end discrimina- can Americans were tied up with the pervisors within the shop; and so long tion in the naval shipyards. destiny of America. as this situation exists, Negroes will Madam Speaker, I reserve the bal- The resolution I bring forward today never be able to advance through ex- ance of my time. honors a group of men, the Mare Island amination. Young Negro men are re- Mr. KLINE of Minnesota. Madam 21ers, whose destiny was tied up when fused the opportunity of apprenticeship Speaker, I yield myself such time as I they bravely took action to end racial training for the most part in Shop 56. may consume. discrimination in naval shipyards in No Negro apprentices have been hired Madam Speaker, I rise in support of the San Francisco Bay Area in the in at least 3 years. In over 20 years at H. Con. Res 31. early 1960s. Mare Island, no Negro mechanic has First, I would like to thank the gen- The Mare Island 21ers were a group of ever received a superior accomplish- tleman from California, my friend and 21 African American shipyard workers ment award, to our knowledge, which our committee’s new chairman, for employed at Mare Island Naval Ship- included cash bonuses for those who bringing this important legislation to yard in Vallejo, California. At that got it. Then, in fact when the time the floor of the House. time minorities were mostly working came for apprenticeship programs, Madam Speaker, the British political in unskilled positions at Mare Island, they were not given credit for the philosopher and statesman Edmund as sandblasters, laborers and cleaners, training related to their jobs and they Burke famously observed many years with efforts to keep them out of cer- take on their own orders in advance of ago that, ‘‘The only thing necessary for tain positions. The discrimination was themselves. In fact, Negroes are dis- the triumph of evil is for good men to not restricted to withholding pro- couraged from taking any training. do nothing.’’ motions and unfair hiring practices, And, of course, when the fleet started Forty-five years ago, at the Mare Is- according to one of the workers; they to change in this country and we went land Naval Shipyard, there was such a faced discrimination at every turn. to atomic submarines, there were no group of good men who chose not to do Long time denied opportunity for ad- Negroes who had been selected for the nothing, but instead to do something. vancement, these workers decided to training of this program. These men whom today we know as the organize. Under the leadership of Willie This was the kind of discrimination Mare Island Original 21ers took a brave Long, a journeyman pipefitter from that this brave group of men who had step by coming forward and raising Shop 56 who was also a World War II to meet in secret, who had to be very complaints about how they felt they veteran and a Pearl Harbor survivor, careful that anybody at the workplace were being treated and about the dis- the group met in complete secrecy to would not know that they were discrimination they faced based on their protect their safety and their jobs. cussing this with their fellow workers race. Not long after the group began to when they met at home, they said, Madam Speaker, we lived in a dif- meet, President Kennedy issued his ex- with all of the shades drawn, this is the ferent time then. The year was 1961, ecutive order establishing the Presi- discrimination that they were living and there was no Civil Rights Act pro- dent’s Committee on Equal Employ- under in the Naval Shipyard at that tecting Americans from discrimination ment Opportunities and reaffirming time and this is the discrimination in the workplace based on race or the prohibition against discrimination that they cited to President Kennedy’s color. The Equal Employment Oppor- against any employee of or application employment board. It was a complaint tunity Commission, which today works for employment by the Federal Govern- among many that were received by the to ensure that our workplaces are free ment because of race, color, religion, Committee on Equal Employment in of discrimination, did not yet exist. In- or national origin. The order issued in the early days of its existence. Finally, deed, then-President Kennedy had only March of 1961 also created a discrimi- the Navy was forced to pay attention just established the Committee on nation complaint process for Federal to the long history of discrimination Equal Employment Opportunity and workers. felt by the workers at Mare Island. In the things we take for granted in our Learning of the President’s executive August of 1963, almost 2 years after the society today. That the color of one’s order, the 21ers decided to file a com- initial complaint was filed, the Navy skin, whether in a boardroom or a boil- plaint with the committee. The com- put policies in place to affirmatively er room, simply does not matter was plaint covered deplorable conditions take action on behalf of minority not yet ingrained in our national con- for African American workers at the workers. These heroic men included sciousness. shipyard, including the denial of pro- Willie Long, Boston Banks, Jr., Mat- Now, the Original 21ers’ complaint motions and access to the apprentice- thew Barnes, Louis Greer, Jake Sloan, did not immediately serve to address ship program, and general unfair treat- Charles Fluker, Clarence Williams, all of the issues they faced. As with all ment. James Davis, Thomas King, Robert E. struggles, they faced backlash and In their report they cited that there Borden, James O. Hall, Matthew Luke, challenge. In the end, though, they pre- was an established unwritten practice Herman Moore, Jimmy James, John L. vailed. at the Mare Island Shipyard not to up- McGhee, James J. Colbert, Virgil N. Today, I can state with authority grade third step mechanics no matter Herndon, Eddie Brady, Brodie Taylor, from firsthand experience as a former what the qualifications of the em- W.J. Price, Levi Jones, Herbert H. United States Marine that our Armed ployee are at any given time. As a re- Lane, Kermit Day, and Charles Scales. Forces are a model of integration and

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.023 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H538 CONGRESSIONAL RECORD — HOUSE January 16, 2007 nondiscrimination, that in today’s And there then became a move to try that the House would adopt it unani- military it truly is one’s skills, talents, to catch up to the enemy because they mously. ability, and merit that allows men and were preparing for war and we were Madam Speaker, I yield back the bal- women of any color, race, or creed to not. However, blacks were not allowed ance of my time. advance to the highest levels of leader- to work in the factories that were pro- Mr. KLINE of Minnesota. Madam ship. That is exactly how it should be. ducing or tried to catch up. It actually Speaker, I urge all of our colleagues to I would also echo the gentleman from took President Roosevelt at that time support this resolution, and I yield California’s comments with respect to to encourage U.S. businesses, even back the balance of my time. the importance of title VII of the Civil though they were short of manpower The SPEAKER pro tempore. The Rights Act of 1964, the continued good because the draft had come in, they question is on the motion offered by work done by the Equal Employment would not hire blacks, even though it the gentleman from California (Mr. Opportunity Commission and the hun- meant that we could not prepare and GEORGE MILLER) that the House sus- dreds and thousands of employers and produce the equipment that we needed. pend the rules and agree to the concur- businesses in this country who have And so sometimes racial discrimina- rent resolution, H. Con. Res. 31. worked to ensure that the workplace of tion really makes no sense at all. The question was taken. 2007 is free from discrimination on any I agree with the gentlemen from The SPEAKER pro tempore. In the racial or any other grounds. California and from Minnesota who opinion of the Chair, two-thirds of Today, as our military looks forward said that there have been big changes, those voting have responded in the af- and continues to prepare itself for the things are different now. I would like firmative. challenge of the 21st century and be- to once again thank the gentleman Mr. GEORGE MILLER of California. yond, we pause for a moment to look from California for bringing forth this Madam Speaker, on that I demand the back and remember some of those who resolution. yeas and nays. took brave first steps. The Mare Island Mr. GEORGE MILLER of California. The yeas and nays were ordered. Original 21ers are among those coura- I thank the gentleman from New Jer- The SPEAKER pro tempore. Pursu- geous men, and it is proper that Con- sey for his support of this. ant to clause 8 of rule XX and the gress today should pause to commemo- This naval shipyard, it has been Chair’s prior announcement, further rate their efforts. closed and it is going through the re- proceedings on this question will be b 1530 used process, and it is a very, very ex- postponed. I thank the gentleman from Cali- citing economic development plan for f fornia for his leadership and initiative the city of Vallejo. It is in my district. COMMENDING THE FLORIDA on this issue. And just down the way, down the river GATORS FOR WINNING THE NA- Madam Speaker, I reserve the bal- to San Francisco Bay is the Rosie the TIONAL COLLEGE FOOTBALL ance of my time. Riveter historic site. And at Rosie the CHAMPIONSHIP Mr. GEORGE MILLER of California. Riveter, they talk about the various Mr. PAYNE. Madam Speaker, I move I thank the gentleman from Minnesota sites where we assembled the great to suspend the rules and agree to the for his comments and appreciate his American armada to carry supplies and resolution (H. Res. 39) commending the support for this resolution. troops to the Pacific during the Second Madam Speaker, I yield such time as World War. University of Florida Gators for their he may consume to the gentleman In the town in which I was born, in victory in the 2006 Bowl Championship Series (BCS) and for winning the na- from New Jersey (Mr. PAYNE), a mem- Richmond, California, the Second ber of the committee. World War and the Kaiser shipyards tional college football championship, (Mr. PAYNE asked and was given being located there overnight com- as amended. permission to revise and extend his re- pleted integrating the city. And of The Clerk read as follows: marks.) course we all know the story of women H. RES. 39 Mr. PAYNE. Mr. Speaker, let me who went to work, women of all races Whereas, on January 8, 2007, the University commend the gentleman from Cali- went to work in those Kaiser ship- of Florida Gators won the 2006 Bowl Cham- fornia, chairman of the Education and yards; blacks went to work alongside pionship Series national title with a stun- Labor Committee, for bringing forth white shipyard workers. Then they ning 41–14 defeat over the Ohio State Univer- sity Buckeyes; this very important resolution dealing moved on, the shipyard, in peacetime Whereas the University of Florida is one of with the equal employment opportuni- at Mare Island, and that is where this the premier academic institutions in the ties in the military. discrimination took place. State of Florida; I think that it is great that we are fi- Because of the actions of President Whereas the University of Florida football nally recognizing these 21 brave men Kennedy, because of the actions of peo- program celebrated its 100th Anniversary who had the courage to stand up and ple like the Mare Island 21ers and a lot this season; say that enough is enough. In many in- of other brave people, today we look Whereas the University of Florida Gators stances, workers are intimidated by back at this as part of history in terms captured the South Eastern Conference the surroundings, by worrying about of workplace discrimination, certainly (SEC) Championship title on December 2, 2006; their positions, worrying about having the Federal Government, one of the in- Whereas the University of Florida won the action taken against them; and so it is tegrated workforces in the country. It NCAA Championship title in basketball in always great when people decide it is is because of these kinds of actions April 2006; time to step forward and do the right that we can now speak of this, for the Whereas the University of Florida is the thing. most part, as part of our historical first Division I school to hold the national Dr. King said, in his march on Wash- past, but never losing sight of the sac- championship title in both football and ington that there was a promissory rifice and the courage of ordinary peo- men’s basketball concurrently; note that was sent out by America to ple to move the dial toward integration Whereas Florida football Head Coach the, at that time, the Negroes, and that Urban Meyer is only the 7th coach to win a from discrimination. national championship in his first two sea- the check came back, the promissory It wasn’t easy in these communities; sons as a Division I college football coach; note, marked ‘‘insufficient funds.’’ And it wasn’t easy in these workplaces. So Whereas senior quarterback Chris Leak this was a part of the insufficient when we see actions like this taken, I was the Most Valuable Player of the BCS na- funds, people willing to work, but being think it is quite fitting that the Con- tional championship game; denied. As a matter of fact, when World gress would recognize this by passing Whereas the Florida defense held Ohio War II began, that infamous December this resolution commending the ac- State to only 82 yards of offense, the lowest 7 surprise attack on Pearl Harbor, our tions of courage of these 21 African ever for a BCS game; country was caught off guard; we did Whereas the University of Florida student American workers in the shipyard. athletes are among the most talented in the not have the build-up, the military I thank my colleagues for support of Nation; wherewithal, we did not have the weap- this resolution. I thank the gentleman Whereas University of Florida fans world- ons, we did not have the ships, we did from Minnesota for his words in sup- wide supported and encouraged the Gators not have the tanks. port of this resolution. I would hope throughout the football season;

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.024 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H539 Whereas J. Bernard Machen, President of football team can bring an entire com- I also extend my congratulations to the University of Florida, and Athletic Di- munity together. It brings pride to the the University of Florida, in particular rector Jeremy N. Foley have shown great individuals on the team, but it brings its football team, for this latest na- leadership in bringing success and glory to joint pride to the community in gen- tional championship, and also to the the University of Florida; and Whereas the University of Florida stu- eral. University of Florida fans worldwide dents, faculty, alumni, and all Gator fans are And so although many people say who have supported the Gators, the deeply committed to bringing pride to the why is so much emphasis put on sports, good times and bad. University of Florida and the entire State of I think that it is one of the tools that I thank my colleague from Florida Florida: Now, therefore, be it brings us together that has the esprit (Ms. WASSERMAN SCHULTZ) for bringing Resolved, That the House of Representa- de corps that makes America great. As this resolution forward. I also want to tives— a former, simply, high school coach, I thank the gentleman from Florida (Mr. (1) commends the Florida Gators for their know the hard work and the time and victory in the 2006 Bowl Championship Series STEARNS), who represents the Univer- and for winning the national college football effort and the sacrifice, really, that it sity of Florida. championship; takes for the players, that it takes for I urge all of my colleagues to join us (2) recognizes the achievements of the the coaches being away from their fam- in recognizing this achievement and players, coaches, students, and staff whose ilies, their children, away on weekends. supporting House Resolution 39. hard work and dedication helped the Univer- It is a real sacrifice. And so I once Madam Speaker, I reserve the bal- sity of Florida Gators win the championship; again commend the university and ance of my time. and once again say, to have the number one Mr. PAYNE. I appreciate the gentle- (3) directs the Clerk of the House of Rep- football and number one basketball man’s support for this resolution. resentatives to transmit a copy of this resolution to University of Florida President J. team in the country in the same year Madam Speaker, as we indicated, the Bernard Machen, football Head Coach Urban is a great achievement. unique victory in that very important Meyer, and Athletic Director Jeremy N. Madam Speaker, I reserve the bal- game tied in with the fact that their Foley for appropriate display. ance of my time. men’s basketball team exceeded them- The SPEAKER pro tempore. Pursu- Mr. KELLER of Florida. Madam selves in the Final Four and won the ant to the rule, the gentleman from Speaker, I yield myself as much time championship game of the NCAA col- New Jersey (Mr. PAYNE) and the gen- as I may consume. lege men’s basketball, combined with tleman from Florida (Mr. KELLER) each Madam Speaker, I rise today in this outstanding effort for the football will control 20 minutes. strong support of House Resolution 39, team shows that the University of The Chair recognizes the gentleman recognizing the achievements of the Florida, in addition to having great from New Jersey. University of Florida Gators. Last academic programs, preparing young Mr. PAYNE. Madam Speaker, I yield week, the University of Florida won Americans for the future, dealing with myself as much time as I may con- the Division I-A college football na- the current challenges to keep America sume. tional championship with a decisive 41– strong, to keep America on the cutting Let me begin by thanking my col- 14 victory over the Ohio State Buck- edge, to keep America ahead for tech- league, Congresswoman WASSERMAN eyes. nology and for other technological ad- SCHULTZ, for introducing this resolu- As a Floridian, I am very honored to vances, we really are very pleased that tion, and also to congratulate her and be recognizing the Gators’ accomplish- this university stands head and shoul- her fellow alumni for the Gators’ win ments, and I would be remiss if I did ders. last week in the 2006 Bowl Champion- not offer my condolences to our distin- Madam Speaker, I reserve the bal- ship Series. guished minority leader, Mr. BOEHNER, ance of my time. A week ago Monday marked the Uni- and to my former colleague on the 1545 versity of Florida’s second national Education Committee, the gentleman b football championship when they de- from Ohio (Mr. TIBERI). Mr. KELLER of Florida. Madam feated Ohio State University Buckeyes. The University of Florida’s victory in Speaker, I yield such time as he may College football fans, student athletes the BCS championship game capped a consume to the gentleman from Flor- and the general public were treated to remarkable 13–1 season and win of the ida (Mr. STEARNS), who represents the an exciting national championship Southeastern Conference Champion- University of Florida. game, an end to the college football ship. This national championship is the (Mr. STEARNS asked and was given season. Gators’ second, with their first occur- permission to revise and extend his re- I want to extend my congratulations ring a decade ago in 1996. The Univer- marks.) to head coach Urban Meyer, athletic sity of Florida also won the 2006 NCAA Mr. STEARNS. I thank my distin- director Jeremy N. Foley, University Division I men’s college basketball na- guished colleague from Florida. My of Florida president J. Bernard tional championship. Florida is the colleagues, I also rise to praise the Uni- Machen, and Florida’s student athletes first university to hold both of these ti- versity of Florida, the Gators, for not for attaining the unprecedented tles at the same time. only winning their second football na- achievement of holding concurrent Di- I hold up the cover of Sports Illus- tional title but on their many off-the- vision I national championships in trated this week showing our MVP, field accomplishments as well. football and men’s basketball. Chris Leak, quarterback of the Florida With their 41–14 victory over the I also want to extend my congratula- Gators with the title ‘‘Gator Raid.’’ It Ohio State Buckeyes, as mentioned tions to the Ohio State University points out that there was history in earlier, the Gators became the first Di- Buckeyes and their student athletes Gainesville with the first simulta- vision I school to hold a national for a great season. Ohio State won all neously men’s basketball and football championship in men’s basketball and of their games during the regular sea- titles in 1 year. There is a lot of pride football at the same time. son and produced the 2006 Heisman tro- all of us have from the State of Flor- Coming into this game, many of the phy winner, Troy Smith. Winning con- ida, understandably. experts did not give the Gators any current championships has brought na- In addition to these athletic achieve- chance of defeating the previously tional acclaim to the University of ments, the University of Florida is con- undefeated Buckeyes. However, once Florida, and I know the fans of the uni- sistently recognized as one of the coun- they took the field, the Gators were versity will remember this very special try’s best public universities. I would not intimidated. In fact, the Gators moment for many years to come. like to extend recognition to Dr. Ber- held their own and held Ohio State to It takes a great deal to assemble a nard Machen, president of the Univer- only 82 yards of total offense, the few- world-class football team. It takes sity of Florida; Mr. Jeremy Foley, the est number of yards in BCS history. dedication of the young men who are athletic director; head football coach Notwithstanding this event, as my playing on the team. It takes support Urban Meyer; and the many other colleague on the other side mentioned, from the alumni. It takes patient and members of the university community Ohio State had a very great season; accomplished coaching. It takes sup- that contribute to the institution’s and I congratulate and commend this port from the community. A winning academic and athletic excellence. wonderful football team and its coach

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JA7.011 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H540 CONGRESSIONAL RECORD — HOUSE January 16, 2007 and all its players for a very successful tion 39, to congratulate the University The yeas and nays were ordered. season. of Florida football team on winning the The SPEAKER pro tempore. Pursu- My colleagues, the Florida Gators 2006 national championship. ant to clause 8 of rule XX and the are excellent representatives of both As a University of Florida graduate Chair’s prior announcement, further the university and I believe the great born in Gator country, that is Gaines- proceedings on this question will be State of Florida in their tenacity, spir- ville, Florida, I could not be happier postponed. it, and their willingness to try to suc- with the outcome of the championship f ceed. I take great pride in representing game. the University of Florida and congratu- Very few people believed the Gators COMMENDING THE BOISE STATE late Coach Urban Meyer and the entire deserved to beat Ohio State or to get in UNIVERSITY BRONCOS FOR WIN- university on this great accomplish- the championship game, let alone beat- NING THE 2007 FIESTA BOWL ment. ing Ohio State, a great team. But the AND COMPLETING AN The university’s accomplishments SEC did beat the Big 10. They certainly UNDEFEATED SEASON extend beyond the field or on the proved the critics wrong. Mr. PAYNE. Madam Speaker, I move courts in the sports arena. UF boasts a I also would like to congratulate the to suspend the rules and agree to the 91 percent graduation rate among its University of Florida for becoming the resolution (H. Res. 43) commending the athletes, including all of its sports, first institution in Division I history to Boise State University Broncos foot- making it only one of four programs in hold both the NCAA men’s basketball ball team for winning the 2007 Fiesta the National All-Sports Top 10 to championship and the football cham- Bowl and completing an undefeated achieve a graduation success rates that pionship simultaneously. And, who season. is above 90 percent. Furthermore, in knows, there may be another basket- The Clerk read as follows: ball championship in the waning. Right 2002–2003, UF placed a record 193 stu- H. RES. 43 dent athletes on the SEC academic now we are number one. Whereas the Boise State University Bron- honor roll, marking six consecutive This achievement, of course, is very cos football team won the 2007 Tostitos Fi- years UF placed 100 or more UF stu- historic. Madam Speaker, I hope my esta Bowl, defeating the University of Okla- dent athletes on the SEC Honor Roll. colleagues will join me in congratu- homa Sooners by a score of 43–42 at the Uni- The University of Florida’s accom- lating a great coach, Urban Meyer, and versity of Phoenix Stadium in Glendale, Ari- plishments go well beyond athletics. It the fine young men from the Univer- zona, on January 1, 2007; is ranked fifth among Kiplinger’s Top sity of Florida. And congratulations to Whereas the Broncos have won the last 5 10 Public Colleges. UF’s faculty are Gators everywhere. It is great to be a consecutive Western Athletic Conference among the best and most decorated in Florida Gator. Go Gators! football championships; Mr. KELLER of Florida. Madam Whereas the Broncos are the Nation’s top the world, winning awards such as the scoring Division 1–A collegiate football team Fields Medal, two Pulitzer Prizes, Speaker, I yield myself such time as I for the last 7 seasons, with an average of NASA’s top award for research, and the may consume, and I will close by say- over 42 points per game; Smithsonian Institution’s conservation ing that after the winning the national Whereas the Broncos are the Nation’s 4th award. championship in football and basket- winningest Division 1–A collegiate football University of Florida is also the first ball, the baseball team has to be feel- team for the last 7 seasons, with a record of university in the world to be des- ing some pressure right now down in 75–13 and winning percentage of over .850. ignated a Certified Audubon Coopera- Gainesville. Whereas the 2007 Fiesta Bowl is widely Madam Speaker, I yield back the bal- considered one of the best games in the his- tive Sanctuary for its agriculture factory of college football; ulty’s commitment to environmental ance of my time, and I urge my col- Whereas the Broncos are the only Division and wildlife management. leagues to vote ‘‘yes’’ on H. Res. 39. 1–A collegiate football team to complete the Enrolling almost 50,000 students an- Mr. PAYNE. Madam Speaker, I would 2006–2007 season undefeated; nually, UF is home to 16 colleges and thank all of the speakers who partici- Whereas Broncos head coach Chris Peter- more than 150 research centers and in- pated. I think it is really a great son called some of the most creative and stitutes. During the 2005–2006 school achievement, and I want to commend courageous offensive plays in bowl-game his- year, UF was awarded $519 million in the sponsor of this resolution, Rep- tory, including the game-saving ‘‘hook-and- lateral’’, game-extending ‘‘tailback pass’’, sponsored research. This research in- resentative WASSERMAN SCHULTZ, for her outstanding leadership and how and game-winning ‘‘Statue of Liberty’’; cludes diverse areas such as health care Whereas the Broncos are 5–2 in Division 1– and citrus production, including the much she has done to support that A collegiate post-season games; world’s largest citrus research center. great athletic institution. I would wish Whereas Broncos quarterback Jared My colleagues, one example of this the Gators success in the future as Zabransky was named the Offensive Most innovative research is veterinarian they have done in the past. Valuable Player of the Fiesta Bowl; Julie Levy, who is one of the worldwide GENERAL LEAVE Whereas Jared Zabransky threw for 3 leaders of research into a revolu- Mr. PAYNE. Madam Speaker, I ask touchdowns and 262 yards in the Fiesta Bowl tionary, humane drug option for spray- and completed his college career with a unanimous consent that Members have record of 33–5 as a starting quarterback; ing and neutering cats and dogs. As it 5 legislative days to insert materials Whereas Broncos defensive back Marty is now, the only way to permanently relevant to H. Res. 39, and the previous Tadman was named the Defensive Most Val- sterilized these animals is surgically. bill, H. Con. Res. 31. uable Player of the Fiesta Bowl; What if this process were as simple as The SPEAKER pro tempore. Is there Whereas Marty Tadman intercepted 2 a vaccine? Dr. Levy, at the University objection to the request of the gen- Sooner passes, including one returned for a of Florida, is working on this research tleman from New Jersey? touchdown, and had 5 tackles in the Fiesta project today. There was no objection. Bowl; On both the field and in the class- Mr. PAYNE. Madam Speaker, I yield Whereas Broncos running back Ian John- room, the students, faculty, and ad- back the balance of my time. son, one of the Nation’s most exciting running backs, gained 101 rushing yards, scored ministration of the University of Flor- The SPEAKER pro tempore. The 1 touchdown, and scored the game-winning 2- ida are champions. I am honored that question is on the motion offered by point conversion in overtime of the Fiesta this world-class university is in my the gentleman from New Jersey (Mr. Bowl; congressional district and I look for- PAYNE) that the House suspend the Whereas the entire Broncos team should be ward to many great things in the fu- rules and agree to the resolution, H. commended for its determination, work ture. Res. 39, as amended. ethic, attitude, and heart; As they say at the university, Go The question was taken. Whereas the Broncos are deserving of an Gators! The SPEAKER pro tempore. In the opportunity to play for the National Cham- opinion of the Chair, two-thirds of pionship; Mr. KELLER of Florida. Madam Whereas the Broncos are building an im- Speaker, I yield 2 minutes to the gen- those voting have responded in the af- pressive legacy of excellence in its football tleman from Florida (Mr. BILIRAKIS). firmative. program; and Mr. BILIRAKIS. Madam Speaker, I Mr. PAYNE. Madam Speaker, on that Whereas the Broncos have brought great rise today in support of House Resolu- I demand the yeas and nays. honor to themselves, their university, the

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.030 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H541 city of Boise, and the State of Idaho: Now, and character by coming back in the Nation, already know; the Boise State therefore, be it game and even taking the lead very Broncos can play with the best. Resolved, That the House of Representa- late in the game. Some have suggested that maybe tives— However, after it was all said and Boise State doesn’t have as tough a (1) commends the Boise State University Broncos football team for winning the 2007 done, the Broncos, led by quarterback schedule as some other teams. I will Fiesta Bowl; and Jared Zabransky, executed a tremen- tell you that on their schedule this (2) congratulates the team for completing dous hook and ladder for a touchdown year I think they played six teams that an undefeated, 13–0 season. to send the game in overtime. In over- were in bowl games in post season. The SPEAKER pro tempore. Pursu- time, Boise State, down one, went for a They had a pretty tough schedule, and ant to the rule, the gentleman from two-point conversion, and called the they beat them all. The 2007 Fiesta Bowl will go down in New Jersey (Mr. PAYNE) and the gen- patriotic Statue of Liberty play, run the books as one of the best and most tleman from Florida (Mr. KELLER) each by Ivan Johnson, to complete the 43–42 will control 20 minutes. victory. exciting games in the history of college The Chair recognizes the gentleman I congratulate Boise State Univer- football. Both teams played with tal- from New Jersey. sity’s president, Dr. Bob Kustra, Coach ents and heart, unwilling to let mistakes or shifts in momentum force GENERAL LEAVE Chris Peterson, and the Boise State their hands. And when, with only mo- Mr. PAYNE. Madam Speaker, I ask University’s football team for a won- ments left in regulation, it looked like unanimous consent for 5 legislative derful season and for being the only it was all over, the Broncos knew oth- days during which Members may insert undefeated major division college foot- erwise and turned to the back of their into the RECORD any material relevant ball team in the Nation. Madam Speaker, I reserve the bal- playbook. to H. Res. 43. Plays like the ‘‘hook-and-lateral’’ The SPEAKER pro tempore. Is there ance of my time. Mr. KELLER of Florida. Madam and the now famous ‘‘Statue of Lib- objection to the request of the gen- erty’’ required creativity, skill and tleman from New Jersey? Speaker, I yield myself such time as I may consume. guts. The talented Broncos executed There was no objection. them perfectly, winning the game in Mr. PAYNE. Madam Speaker, I yield Madam Speaker, I rise in support of the heart-stopping last seconds of over- myself such time as I may consume. House Resolution 43. This resolution time. Head Coach Chris Peterson and (Mr. PAYNE asked and was given recognizes the stellar undefeated sea- his players should be commended for permission to revise and extend his re- son of the Boise State Broncos, as well their courage, resolve and ability. marks.) as their dazzling 43–42 win over the Last week Coach Peterson was Mr. PAYNE. Madam Speaker, I rise University of Oklahoma Sooners at the awarded the Paul ‘‘Bear’’ Bryant to commend the Boise State University 2007 Bowl Championship Series’ Fiesta Award and was named 2006 National Broncos’ victory over the mighty Okla- Bowl. Coach of the Year. He and his talented homa Sooners in the 2007 Fiesta Bowl. Boise State was wisely considered coaching staff will continue striving to For all of you who watched the game, the underdog going into the game and make a winning program even better. you know it was an exciting game from walked away with an impressive vic- The BSU Bronco football program start to finish, and anyone who was not tory. Many considered it to be the best has taken gifted, big-hearted young a fan of the Sooners had no choice but college football game ever played. I men and created an impressive legacy to cheer for the underdog Boise State urge my colleagues to support this res- in the making. The Broncos have won as the game progressed into the second olution. the last five consecutive Western Ath- half and overtime. Madam Speaker, I yield the balance letic Conference football champion- Every player for the Broncos should of my time to the gentleman from ships and, with the Nation’s top scor- be commended for their effort through- Idaho (Mr. SIMPSON), and I ask unani- ing Division I-A football team for the out the game, and head coach, Chris mous consent that he be allowed to last seven seasons. Peterson, should be commended for control that time. Their roster includes such talents as making risky calls and preparing his The SPEAKER pro tempore. Without quarterback Jared Zabransky, the team, a decided underdog, for success objection, the gentleman from Idaho is game’s Offensive Most Valuable Play- and for victory. recognized. er, who completed his college football Since the Bowl Championship Series There was no objection. career with a 33–5 record as starting began in the 1998–1999 college football Mr. SIMPSON. Thank you for giving quarterback; Marty Tadman, Defensive season, only two teams from non-BCS me the opportunity to congratulate the MVP of the game; and Ian Johnson, conferences have been invited to BCS Boise State University Broncos foot- one of the Nation’s most exciting run- games. Following the 2004 season, the ball team on an exceptional football ning backs, who scored the game-win- Utah Utes from the Mountain West season and a great victory in the 2007 ning two-point conversion in overtime, Conference defeated the Pittsburgh Fiesta Bowl. and after the game proposed to his Panthers in the 2005 Fiesta Bowl, and I listened with interest to the last fiancee, now a Boise State cheerleader. now the Boise State Broncos from the resolution congratulating Florida and I don’t know if I would have had that Western Athletic Conference have be- the Florida Gators and their national much courage, quite frankly, to pro- come the second non-BCS team to win championship game. They truly de- pose to someone on national television. a BCS game, winning one of the most served it. The Florida Gators went into But it just shows the heart and courage exciting games ever played. the game against Ohio State as signifi- of this team. Boise State’s success should not be a cant underdogs in the minds of most of These stars are just a few examples shock to anyone who has followed this the media, and so did the Boise State of the determination, talent and heart team over the past 5 years. Their vic- Broncos against the Oklahoma Sooners that make up the whole Bronco foot- tory in the Fiesta Bowl completes an enter that game as significant under- ball team. The entire team should be undefeated season and their second 13- dogs. Nobody really gave them a commended for both its success on the win season in the past 4 years. chance. field and the character displayed by Over the past 5 years, they have an each individual. astounding 58 wins and only seven b 1600 The Boise State Broncos football losses. There are very few teams during But when the Broncos defeated the team has made us proud; has made the that span of time to have experienced a University of Oklahoma in the 2007 Fi- State of Idaho, the City of Boise proud, modicum of success that this State esta Bowl on New Year’s Day, they and I am glad that we have this chance University in Idaho has experienced. completed the only, and I will repeat, to recognize them today. I also want to congratulate the Okla- the only undefeated season of any Divi- And in case anybody wonders if this homa Sooners for battling their way sion I-A collegiate football team in the is just about football, I will tell you, in back in this very exciting ball game. 2006–2007 season. More than that, they talking to the President of the Univer- They fell behind by 18 early in the sec- showed the country what thousands of sity, he said that after the Bronco sea- ond half, but showed tremendous poise Boise State fans, known as the Bronco son, the number of applications for the

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JA7.012 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H542 CONGRESSIONAL RECORD — HOUSE January 16, 2007 postgraduate program has sky- proceedings on this question will be ANNOUNCEMENT BY THE SPEAKER rocketed. So this is more than just postponed. PRO TEMPORE about football. It is about national rec- f The SPEAKER pro tempore. Pursu- ognition for a team and a school, and ant to clause 8 of rule XX, proceedings the outstanding character of that COMMENDING THE UNIVERSITY OF will resume on motions to suspend the school and the educational opportuni- FLORIDA GATORS FOR THEIR rules previously postponed. ties it provides to people from all over 2006 BOWL CHAMPIONSHIP SE- Votes will be taken in the following this country. RIES VICTORY order: Madam Speaker, I thank you for al- (Ms. WASSERMAN SCHULTZ asked H. Res. 61, by the yeas and nays; lowing me to speak on this and for and was given permission to address H. Res. 39, by the yeas and nays; bringing this to the floor today. This the House for 1 minute.) H. Res. 43, by the yeas and nays. Saturday they have a parade and a day Ms. WASSERMAN SCHULTZ. The first electronic vote will be con- of recognition for the Boise State Madam Speaker, I rise in support of H. ducted as a 15-minute vote. Remaining team, and I am sure that they will be Res. 39, the Wasserman Schultz- electronic votes will be conducted as 5- very honored to have this. Stearns resolution commending the minute votes. Mr. PAYNE. Madam Speaker, let me University of Florida Fighting Gators thank the gentleman from Idaho (Mr. for their victory in the 2006 Bowl f SIMPSON). And there is no question that Championship Series and for winning he has every right to be very proud of OBSERVING THE BIRTHDAY OF the national college football title. MARTIN LUTHER KING, JR. the Boise State Broncos. Madam Speaker, after a hard-fought As a matter of fact, I think that be- football season, the Florida Gators The SPEAKER pro tempore. The cause it is a small school, because it is proved victorious on January 8 with a pending business is the question of sus- a school that is not the perennial dazzling 41–14 triumph over the Ohio pending the rules and agreeing to the schools that finish up top, say, the last State University Buckeyes. resolution, H. Res. 61. 50 years, for the last 8 or 10 years Boise While many critics expressed doubt The Clerk read the title of the resolu- State has had a difficult time trying to about the Gators’ chances for victory, tion. prove its worth. Even though they beat Florida’s Congressional Delegation and The SPEAKER pro tempore. The top contenders, they will say it was a all of the students, alumni and friends question is on the motion offered by fluke; it was some mistake, it was just in the Gator Nation stood by the Or- the gentleman from Michigan (Mr. by luck. And I think that by their con- ange and Blue. CONYERS) that the House suspend the tinuing winning, by them moving up Led by senior quarterback Chris rules and agree to the resolution, H. and winning the national champion- Leak, the MVP of the game, and Flor- Res. 61, on which the yeas and nays are ship, I believe that they will finally ida’s impenetrable defense, Florida ordered. have the naysayers saying that this is Gators dominated the game when the The vote was taken by electronic de- really an outstanding team. stakes were the highest. vice, and there were—yeas 418, nays 0, We found the same situation in the This season, as Florida’s football pro- not voting 17, as follows: great State of New Jersey, where Rut- gram celebrated its 100th anniversary, [Roll No. 24] gers University, a State university the University of Florida made history YEAS—418 that has had a terrible football pro- by winning national titles in both gram for years and years and years, al- Abercrombie Burgess Diaz-Balart, L. men’s basketball and football in the Ackerman Butterfield Diaz-Balart, M. though it played one of the first foot- same season. Akin Camp (MI) Dicks ball games in the country in 1897 Alexander Campbell (CA) Dingell Congressman STEARNS and I would against Princeton, when Princeton and Allen Cannon Doggett like to extend special congratulations Altmire Cantor Donnelly Rutgers played. They have now, fi- to Florida’s head coach, Urban Meyer, Andrews Capito Doolittle nally, been able to, after last year Arcuri who trained this football team to be Capps Doyle wasn’t a fluke, this year losing only Baca Capuano Drake the best in the country. two games and going to a major bowl. Bachmann Cardoza Dreier The Florida players, coaches, faculty, Bachus Carnahan Duncan Athletes from New Jersey now are students and alumni all pulled together Baird Carney Edwards staying in New Jersey, and that is Baker Carson Ehlers with hard work and dedication to help what made the difference. New Jersey Baldwin Carter Ellison the team win. All of the student ath- Barrett (SC) Castle Ellsworth athletes have made other States’ teams letes are shining stars for the Univer- Barrow Castor Emanuel great, and now that they are staying in sity, and deserve our highest praise. Bartlett (MD) Chabot Emerson the State, we will certainly expect to Barton (TX) Chandler Engel The Gator Nation’s academic reputa- see Rutgers University, perhaps, play Bean Clarke English (PA) tion is stellar, our sports teams are Becerra Clay Eshoo Boise State next year for the national number one, and our fans are like none Berkley Cleaver Etheridge championship. Berman Clyburn Everett other. So with that, Madam Speaker, I, Berry Coble Fallin Madam Speaker, it is great to be a Biggert Cohen Farr again, congratulate the Boise State Florida Gator. Bilbray Cole (OK) Fattah Broncos. Bilirakis Conaway Feeney Madam Speaker, I yield back the bal- f Bishop (GA) Conyers Ferguson ance of my time. Bishop (NY) Cooper Filner RECESS Bishop (UT) Costa Flake The SPEAKER pro tempore (Ms. Blackburn Costello Forbes SOLIS). The question is on the motion The SPEAKER pro tempore. Pursu- Blumenauer Courtney Fortenberry offered by the gentleman from New ant to clause 12(a) of rule I, the Chair Blunt Cramer Fossella Boehner Crenshaw Jersey (Mr. PAYNE) that the House sus- declares the House in recess until ap- Foxx Bonner Crowley Frank (MA) pend the rules and agree to the resolu- proximately 6:30 p.m. today. Bono Cubin Franks (AZ) tion, H. Res. 43. Accordingly (at 4 o’clock and 7 min- Boozman Cuellar Frelinghuysen The question was taken. utes p.m.), the House stood in recess Boren Culberson Garrett (NJ) Boswell Cummings Gerlach The SPEAKER pro tempore. In the until approximately 6:30 p.m. Boucher Davis (CA) Giffords opinion of the Chair, two-thirds of f Boustany Davis (IL) Gilchrest those voting have responded in the af- Boyd (FL) Davis (KY) Gillibrand firmative. b 1830 Boyda (KS) Davis, David Gillmor Mr. PAYNE. Madam Speaker, on that Brady (PA) Davis, Jo Ann Gingrey AFTER RECESS Brady (TX) Davis, Lincoln Gohmert I demand the yeas and nays. Braley (IA) Davis, Tom Gonzalez The yeas and nays were ordered. The recess having expired, the House Brown (SC) DeFazio Goode The SPEAKER pro tempore. Pursu- was called to order by the Speaker pro Brown, Corrine DeGette Goodlatte Brown-Waite, Delahunt Gordon ant to clause 8 of rule XX and the tempore (Mr. THOMPSON of California) Ginny DeLauro Granger Chair’s prior announcement, further at 6 o’clock and 30 minutes p.m. Buchanan Dent Graves

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.035 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H543 Green, Al Marshall Royce Pryce (OH) Shimkus Waters Goode Marchant Roybal-Allard Green, Gene Matheson Ruppersberger Radanovich Sullivan Wexler Goodlatte Markey Royce Grijalva Matsui Rush Gordon Marshall Ruppersberger Gutierrez McCarthy (CA) Ryan (OH) b 1855 Granger Matheson Rush Hall (NY) McCarthy (NY) Ryan (WI) Graves Matsui Ryan (WI) Hall (TX) McCollum (MN) Salazar Messrs. REICHERT, BARTON of Green, Al McCarthy (CA) Salazar Hare McCotter Sali Texas, and SESTAK changed their Green, Gene McCarthy (NY) Sali Harman McCrery Sa´ nchez, Linda votes from ‘‘nay’’ to ‘‘yea.’’ Grijalva McCollum (MN) Sa´ nchez, Linda Hastert McDermott T. So (two-thirds of those being in the Gutierrez McCotter T. Hastings (FL) McGovern Sanchez, Loretta Hall (NY) McCrery Sanchez, Loretta Hastings (WA) McHenry Sarbanes affirmative) the rules were suspended Hall (TX) McDermott Sarbanes Hayes McHugh Saxton and the resolution was agreed to. Hare McGovern Saxton Heller McIntyre Schakowsky The result of the vote was announced Harman McHenry Schakowsky Hastert McHugh Hensarling McKeon Schiff as above recorded. Schiff Herger McMorris Schmidt Hastings (FL) McIntyre Schmidt Herseth Rodgers Schwartz A motion to reconsider was laid on Hastings (WA) McKeon Schwartz Hayes McMorris Higgins McNerney Scott (GA) the table. Scott (GA) Heller Rodgers Hill McNulty Scott (VA) Scott (VA) f Hensarling McNerney Hinchey Meehan Sensenbrenner Sensenbrenner Herger McNulty Hirono Meek (FL) Serrano Serrano COMMENDING THE FLORIDA Herseth Meehan Hobson Meeks (NY) Sessions Sessions Higgins Meek (FL) Hodes Melancon Sestak GATORS FOR WINNING THE NA- Sestak Hoekstra Mica Hill Meeks (NY) Shadegg TIONAL COLLEGE FOOTBALL Hinchey Melancon Shadegg Holden Michaud Shays CHAMPIONSHIP Shays Holt Millender- Hirono Mica Shea-Porter Hobson Michaud Shea-Porter Honda McDonald Sherman The SPEAKER pro tempore. The Sherman Hooley Miller (FL) Hodes Millender- Shuler pending business is the question of sus- Hoekstra McDonald Shuler Hoyer Miller (MI) Shuster Shuster Hulshof Miller (NC) pending the rules and agreeing to the Holden Miller (FL) Simpson Holt Miller (MI) Simpson Hunter Miller, Gary Sires resolution, H. Res. 39, as amended. Sires Inglis (SC) Miller, George Honda Miller (NC) Skelton The Clerk read the title of the resolu- Hooley Miller, Gary Skelton Inslee Mitchell Slaughter Hoyer Miller, George Slaughter Israel Mollohan tion. Smith (NE) Hulshof Mitchell Smith (NE) Issa Moore (KS) The SPEAKER pro tempore. The Smith (NJ) Hunter Mollohan Smith (NJ) Jackson (IL) Moore (WI) Smith (TX) question is on the motion offered by Inglis (SC) Moore (KS) Smith (TX) Jackson-Lee Moran (KS) Smith (WA) the gentleman from New Jersey (Mr. Inslee Moore (WI) Smith (WA) (TX) Moran (VA) Snyder Israel Moran (KS) Snyder Jefferson Murphy (CT) PAYNE) that the House suspend the Solis Issa Moran (VA) Solis Jindal Murphy, Patrick rules and agree to the resolution, H. Souder Jackson (IL) Murphy (CT) Souder Johnson (GA) Murphy, Tim Space Res. 39, as amended, on which the yeas Jackson-Lee Murphy, Patrick Space Johnson (IL) Murtha Spratt and nays are ordered. (TX) Murphy, Tim Spratt Johnson, E. B. Musgrave Stark Jefferson Murtha Stearns Jones (NC) Myrick This will be a 5-minute vote. Stearns Jindal Musgrave Stupak Jones (OH) Nadler The vote was taken by electronic de- Johnson (GA) Myrick Jordan Napolitano Stupak Sutton Sutton vice, and there were—yeas 414, nays 1, Johnson (IL) Nadler Tancredo Kagen Neal (MA) answered ‘‘present’’ 3, not voting 17, as Johnson, E. B. Napolitano Kanjorski Neugebauer Tancredo Tanner Tanner follows: Jones (NC) Neal (MA) Tauscher Kaptur Nunes Jones (OH) Neugebauer Keller Oberstar Tauscher [Roll No. 25] Taylor Taylor Jordan Nunes Terry Kennedy Obey Kagen Oberstar Kildee Olver Terry YEAS—414 Thompson (CA) Thompson (CA) Kanjorski Obey Thompson (MS) Kilpatrick Ortiz Abercrombie Buchanan Delahunt Kaptur Olver Thompson (MS) Thornberry Kind Pallone Ackerman Burgess DeLauro Keller Ortiz Thornberry Tiahrt King (IA) Pascrell Akin Butterfield Dent Kennedy Pallone Tiahrt Tiberi King (NY) Pastor Alexander Camp (MI) Diaz-Balart, L. Kildee Pascrell Tiberi Tierney Kingston Paul Allen Campbell (CA) Diaz-Balart, M. Kilpatrick Pastor Tierney Towns Kirk Payne Altmire Cannon Dicks Kind Paul Towns Turner Klein (FL) Pearce Andrews Cantor Dingell King (IA) Payne Udall (CO) Kline (MN) Pelosi Turner Arcuri Capito Doggett King (NY) Pearce Udall (NM) Knollenberg Pence Udall (CO) Baca Capps Donnelly Kirk Pelosi Kucinich Perlmutter Udall (NM) Bachmann Capuano Doolittle Klein (FL) Pence Upton Kuhl (NY) Peterson (MN) Upton Bachus Cardoza Doyle Kline (MN) Perlmutter Van Hollen ´ LaHood Peterson (PA) Van Hollen Baird Carnahan Drake Knollenberg Peterson (MN) Velazquez ´ Lamborn Petri Velazquez Baker Carney Dreier Kucinich Peterson (PA) Visclosky Lampson Pickering Visclosky Baldwin Carson Duncan Kuhl (NY) Petri Walberg Langevin Pitts Walberg Barrett (SC) Carter Edwards LaHood Pickering Walden (OR) Lantos Platts Walden (OR) Bartlett (MD) Castle Ehlers Lamborn Pitts Walsh (NY) Larsen (WA) Poe Walsh (NY) Barton (TX) Castor Ellison Lampson Platts Walz (MN) Larson (CT) Pomeroy Walz (MN) Bean Chabot Ellsworth Langevin Poe Wamp Latham Porter Wamp Becerra Chandler Emanuel Lantos Pomeroy Wasserman LaTourette Price (GA) Wasserman Berkley Clarke Emerson Larsen (WA) Porter Schultz Lee Price (NC) Schultz Berman Clay Engel Larson (CT) Price (GA) Waters Levin Putnam Watson Berry Cleaver English (PA) Latham Price (NC) Watson Lewis (CA) Rahall Watt Biggert Clyburn Eshoo LaTourette Putnam Watt Lewis (GA) Ramstad Waxman Bilbray Coble Etheridge Lee Rahall Waxman Lewis (KY) Rangel Weiner Bilirakis Cohen Everett Levin Ramstad Weiner Linder Regula Welch (VT) Bishop (GA) Cole (OK) Fallin Lewis (CA) Rangel Welch (VT) Lipinski Rehberg Weldon (FL) Bishop (NY) Conaway Farr Lewis (GA) Regula Weldon (FL) LoBiondo Reichert Weller Bishop (UT) Conyers Fattah Lewis (KY) Rehberg Weller Loebsack Renzi Westmoreland Blackburn Cooper Feeney Lipinski Reichert Westmoreland Lofgren, Zoe Reyes Whitfield Blumenauer Costa Ferguson LoBiondo Renzi Whitfield Lowey Reynolds Wicker Blunt Costello Filner Loebsack Reyes Wicker Lucas Rodriguez Wilson (NM) Boehner Courtney Flake Lofgren, Zoe Reynolds Wilson (NM) Lungren, Daniel Rogers (AL) Wilson (OH) Bonner Cramer Forbes Lowey Rodriguez Wilson (OH) E. Rogers (KY) Wilson (SC) Bono Crenshaw Fortenberry Lucas Rogers (AL) Wilson (SC) Lynch Rogers (MI) Wolf Boozman Crowley Fossella Lungren, Daniel Rogers (KY) Wolf Mack Rohrabacher Woolsey Boren Cubin Foxx E. Rogers (MI) Woolsey Mahoney (FL) Ros-Lehtinen Wu Boswell Cuellar Frank (MA) Lynch Rohrabacher Wu Maloney (NY) Roskam Wynn Boucher Culberson Franks (AZ) Mack Ros-Lehtinen Wynn Manzullo Ross Yarmuth Boustany Cummings Frelinghuysen Mahoney (FL) Roskam Yarmuth Marchant Rothman Young (AK) Boyd (FL) Davis (CA) Garrett (NJ) Maloney (NY) Ross Young (AK) Markey Roybal-Allard Young (FL) Boyda (KS) Davis (IL) Gerlach Manzullo Rothman Young (FL) Brady (PA) Davis (KY) Giffords NOT VOTING—17 Brady (TX) Davis, David Gilchrest NAYS—1 Braley (IA) Davis, Jo Ann Gillibrand Aderholt Davis (AL) Johnson, Sam Brown (SC) Davis, Lincoln Gillmor Kingston Burton (IN) Deal (GA) Brown, Corrine Davis, Tom Gingrey McCaul (TX) ANSWERED ‘‘PRESENT’’—3 Buyer Gallegly Norwood Brown-Waite, DeFazio Gohmert Calvert Hinojosa Ginny DeGette Gonzalez Barrow Linder Stark

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JA7.042 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H544 CONGRESSIONAL RECORD — HOUSE January 16, 2007 NOT VOTING—17 Fortenberry Loebsack Rogers (MI) ANSWERED ‘‘PRESENT’’—2 Fossella Lofgren, Zoe Rohrabacher Aderholt Gallegly Radanovich Linder Stark Foxx Lowey Ros-Lehtinen Burton (IN) Hinojosa Ryan (OH) Frank (MA) Lucas Roskam Buyer Johnson, Sam Shimkus NOT VOTING—18 Franks (AZ) Lungren, Daniel Ross Calvert McCaul (TX) Aderholt Diaz-Balart, L. Pryce (OH) Sullivan Frelinghuysen E. Rothman Davis (AL) Norwood Burton (IN) Gallegly Radanovich Wexler Garrett (NJ) Lynch Roybal-Allard Deal (GA) Pryce (OH) Buyer Hinojosa Ryan (OH) Gerlach Mack Royce Calvert Johnson, Sam Shimkus Giffords Mahoney (FL) Ruppersberger Davis (AL) McCaul (TX) Sullivan b 1905 Gilchrest Maloney (NY) Rush Deal (GA) Norwood Wexler So (two-thirds of those being in the Gillibrand Manzullo Ryan (WI) affirmative) the rules were suspended Gillmor Marchant Salazar b 1914 Gingrey Markey Sali and the resolution, as amended, was Gohmert Marshall Sa´ nchez, Linda So (two-thirds of those being in the agreed to. Gonzalez Matheson T. affirmative) the rules were suspended The result of the vote was announced Goode Matsui Sanchez, Loretta and the resolution was agreed to. as above recorded. Goodlatte McCarthy (CA) Sarbanes Gordon McCarthy (NY) Saxton The result of the vote was announced A motion to reconsider was laid on Granger McCollum (MN) Schakowsky as above recorded. the table. Graves McCotter Schiff A motion to reconsider was laid on Green, Al McCrery Schmidt the table. f Green, Gene McDermott Schwartz Grijalva McGovern Scott (GA) f COMMENDING THE BOISE STATE Gutierrez McHenry Scott (VA) PERSONAL EXPLANATION UNIVERSITY BRONCOS FOR Hall (NY) McHugh Sensenbrenner WINNING THE 2007 FIESTA BOWL Hall (TX) McIntyre Serrano Ms. PRYCE of Ohio. Madam Speaker, I was Hare McKeon Sessions absent from votes today, January 16, 2007, AND COMPLETING AN Harman McMorris Sestak UNDEFEATED SEASON Hastert Rodgers Shadegg due to a memorial service in Ohio. As a result, Hastings (FL) McNerney Shays I was not recorded for a series of votes. Had The SPEAKER pro tempore. The Hastings (WA) McNulty Shea-Porter I been present, I would have voted ‘‘aye’’ on pending business is the question of sus- Hayes Meehan Sherman rollcalls 24, 25, and 26. pending the rules and agreeing to the Heller Meek (FL) Shuler resolution, H. Res. 43. Hensarling Meeks (NY) Shuster f Herger Melancon Simpson The Clerk read the title of the resolu- Herseth Mica Sires PERSONAL EXPLANATION tion. Higgins Michaud Skelton Mr. CALVERT. Madam Speaker, pursuant The SPEAKER pro tempore. The Hill Millender- Slaughter Hinchey McDonald to my leave of absence, I am submitting for question is on the motion offered by Smith (NE) Hirono Miller (FL) Smith (NJ) the RECORD how I would have voted if I had the gentleman from New Jersey (Mr. Hobson Miller (MI) Smith (TX) been present earlier today. PAYNE) that the House suspend the Hodes Miller (NC) Smith (WA) I would have voted ‘‘aye’’ on all suspension rules and agree to the resolution, H. Hoekstra Miller, Gary Snyder Holden Miller, George measures put to the House for a rollcall vote Res. 43, on which the yeas and nays are Solis Holt Mitchell Souder which are as follows: ordered. Honda Mollohan Space Rollcall No. 24 ‘‘aye’’—H. Res. 61—observ- This will be a 5-minute vote. Hooley Moore (KS) Spratt ing and celebrating the birthday of Martin Lu- Hoyer Moore (WI) Stearns The vote was taken by electronic de- Hulshof Moran (KS) ther King, Jr. Rollcall No. 25 ‘‘aye’’—H. Res vice, and there were—yeas 415, nays 0, Stupak Hunter Moran (VA) Sutton 39—Commending the University of Florida answered ‘‘present’’ 2, not voting 18, as Inglis (SC) Murphy (CT) Tancredo Gators for their victory in the 2006 BCS. Roll- follows: Inslee Murphy, Patrick Tanner Israel Murphy, Tim call No. 26 ‘‘aye’’—H. Res. 43—Commending [Roll No. 26] Tauscher Issa Murtha Taylor the Boise State University Broncos football Musgrave YEAS—415 Jackson (IL) Terry team for winning the 2007 Fiesta Bowl and Jackson-Lee Myrick Thompson (CA) Completing an undefeated season. Abercrombie Brady (TX) Culberson (TX) Nadler Ackerman Braley (IA) Cummings Thompson (MS) Jefferson Napolitano f Akin Brown (SC) Davis (CA) Thornberry Jindal Neal (MA) Alexander Brown, Corrine Davis (IL) Tiahrt Johnson (GA) Neugebauer STATE OF EMERGENCY IN Allen Brown-Waite, Davis (KY) Tiberi Johnson (IL) Nunes OKLAHOMA Altmire Ginny Davis, David Tierney Johnson, E. B. Oberstar Andrews Buchanan Davis, Jo Ann Towns Jones (NC) Obey (Mr. BOREN asked and was given Arcuri Burgess Davis, Lincoln Turner Jones (OH) Olver permission to address the House for 1 Baca Butterfield Davis, Tom Udall (CO) Jordan Ortiz Bachmann Camp (MI) DeFazio Udall (NM) minute.) Kagen Pallone Bachus Campbell (CA) DeGette Mr. BOREN. Mr. Speaker, I bring Kanjorski Pascrell Upton Baird Cannon Delahunt Kaptur Pastor Van Hollen some bad news from my home State of Baker Cantor DeLauro ´ Keller Paul Velazquez Oklahoma. We are facing a terrible ice Baldwin Capito Dent Visclosky Barrett (SC) Capps Diaz-Balart, M. Kennedy Payne storm in the eastern portion of our Kildee Pearce Walberg Barrow Capuano Dicks Walden (OR) State, the Second Congressional Dis- Bartlett (MD) Cardoza Dingell Kilpatrick Pelosi Kind Pence Walsh (NY) trict. We have had many homes with- Barton (TX) Carnahan Doggett Walz (MN) Bean Carney Donnelly King (IA) Perlmutter out power. We have had trees fall over. King (NY) Peterson (MN) Wamp Becerra Carson Doolittle Wasserman We have had individuals lose their life. Berkley Carter Doyle Kingston Peterson (PA) Kirk Petri Schultz So I would like the record to reflect Berman Castle Drake Waters Berry Castor Dreier Klein (FL) Pickering that I am not going to be here tomor- Watson Biggert Chabot Duncan Kline (MN) Pitts row because I think it is more impor- Watt Bilbray Chandler Edwards Knollenberg Platts Waxman tant that I be with my constituents. Bilirakis Clarke Ehlers Kucinich Poe Weiner The Governor of the State of Okla- Bishop (GA) Clay Ellison Kuhl (NY) Pomeroy Welch (VT) Bishop (NY) Cleaver Ellsworth LaHood Porter homa, Brad Henry, is also going to be Bishop (UT) Clyburn Emanuel Lamborn Price (GA) Weldon (FL) touring the damage with me. And I Blackburn Coble Emerson Lampson Price (NC) Weller would like the record to reflect that if Blumenauer Cohen Engel Langevin Putnam Westmoreland Blunt Cole (OK) English (PA) Lantos Rahall Whitfield I were here in this Chamber, I would Boehner Conaway Eshoo Larsen (WA) Ramstad Wicker have voted ‘‘aye’’ in regards to the cost Bonner Conyers Etheridge Larson (CT) Rangel Wilson (NM) savings for our college students here in Bono Cooper Everett Latham Regula Wilson (OH) the Congress. Boozman Costa Fallin LaTourette Rehberg Wilson (SC) Boren Costello Farr Lee Reichert Wolf f Boswell Courtney Fattah Levin Renzi Woolsey Boucher Cramer Feeney Lewis (CA) Reyes Wu REMOVAL OF NAME OF MEMBER Boustany Crenshaw Ferguson Lewis (GA) Reynolds Wynn AS COSPONSOR OF H.R. 6 Boyd (FL) Crowley Filner Lewis (KY) Rodriguez Yarmuth Boyda (KS) Cubin Flake Lipinski Rogers (AL) Young (AK) Mr. GONZALEZ. Mr. Speaker, I ask Brady (PA) Cuellar Forbes LoBiondo Rogers (KY) Young (FL) unanimous consent that I be removed

VerDate Aug 31 2005 05:43 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JA7.041 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H545 as cosponsor of H.R. 6. My name was college education and America cannot need to find other ways to invest in listed inadvertently as a cosponsor. afford to let that happen. Americans America’s future by investing in Amer- The SPEAKER pro tempore. Is there with an undergraduate degree earn ica’s future generation. We say it over objection to the request of the gen- much more on average than Americans and over again, that children are our tleman from Texas? without one. In 2005, the average earn- future. This is an opportunity to put in There was no objection. ings of someone with a college degree law the fact that we mean business. f was 60 percent more than someone with The 21st century will require nothing only a high school degree. In today’s less. REMOVAL OF NAME OF MEMBER dollars, we are talking about $37,000 f AS COSPONSOR OF H.R. 6 versus $67,000 for a college graduate. The SPEAKER pro tempore. Under a Mr. RAHALL. Mr. Speaker, I ask And there is every reason to believe previous order of the House, the gen- unanimous consent that the gentleman this income gap will widen in coming tleman from Alabama (Mr. ADERHOLT) from Tennessee Mr. JOHN TANNER’s years. Making college more affordable is recognized for 5 minutes. name be removed as a cosponsor of and accessible gives more of our chil- (Mr. ADERHOLT addressed the H.R. 6. dren and grandchildren access to a bet- House. His remarks will appear here- The SPEAKER pro tempore. Is there ter life, and those economic benefits after in the Extensions of Remarks.) objection to the request of the gen- ripple through the entire economy. f tleman from West Virginia? I represent Seattle, a city where There was no objection. technological innovation is a daily in- SPECIALIST RYAN BERG—TEXAS gredient of our local economy, from SOLDIER f Boeing to Microsoft, through a thou- The SPEAKER pro tempore. Under a SPECIAL ORDERS sand start-ups. These companies need previous order of the House, the gen- The SPEAKER pro tempore. Under a an educated workforce to succeed. Like tleman from Texas (Mr. POE) is recog- previous order of the House, the fol- it or not, we are competing in a global nized for 5 minutes. lowing Members will be recognized for economy, and Americans deserve every Mr. POE. Mr. Speaker, last Wednes- 5 minutes each. fair advantage. day, January 10, 2007, the flag flew at A college education is one of the best half mast in the small coastal town of f advantages, and it isn’t just about Sabine Pass, Texas. The neighbors had The SPEAKER pro tempore. Under a making money. With a college degree, learned of the sacrifice of their home- previous order of the House, the gen- students have more careers to choose town son, Specialist Ryan Berg, who tleman from California (Mr. GEORGE from. In other words, a college degree was 19. He was fighting the war in the MILLER) is recognized for 5 minutes. is a key that can unlock your own per- land of Iraq. (Mr. GEORGE MILLER of California. sonal happiness. Imagine working at Army Specialist Ryan Berg was an addressed the House. His remarks will something you want to do every day American soldier. When others his age appear hereafter in the Extensions of instead of something you have to do. were talking about going to college or Remarks.) Today, too many promising young working in the nearby refineries, Ryan f Americans are not going to college be- went to the local Army recruiter’s of- INVESTING IN AMERICA’S FUTURE cause it costs too much, not because fice on his 18th birthday and joined the they do not have the ability to succeed. United States Army, knowing America The SPEAKER pro tempore. Under a And we know there are racial and gen- was at war in Iraq and Afghanistan. previous order of the House, the gender disparities that make it imperative He was proud to be an American, and tleman from Washington (Mr. for us as a Nation to make college Ryan chose to serve his Nation. He MCDERMOTT) is recognized for 5 min- more affordable, accessible, and avail- wanted to make a difference by being utes. able. an American soldier. Ryan Berg had Mr. MCDERMOTT. Mr. Speaker, we For those who do go to college, the spent his entire life in Sabine Pass, will invest in America’s future tomor- typical student graduates over $17,000 Texas, and he knew everybody in town. row by making college more affordable in debt. So we are making a downpay- Ryan always planned on returning to and accessible for over 5 million Amer- ment in this bill on America’s future his home to live and raise a family icans. We are going to cut the interest by cutting the interest rate on sub- after he finished his duty with the rate in half over the next 5 years for sidized student loans, and we would be United States Army and for America. undergraduates with subsidized student wise as a Nation to do more. Like his mother and his father, Ryan loans. Interest on those loans will drop Today, the United States accounts attended and graduated from Sabine from 6.8 percent to 3.4 percent over the for 14 percent of the world’s college Pass School. The Sabine Pass School next 4 years. graduates. That is just half of the per- has all the grades in just one building. Investing in America’s future is long centage we accounted for 30 years ago. Ryan played football, basketball, and overdue. Now, the question is: Who In other words, knowledge is power, golf. Childhood friends of Ryan knew benefits? Ordinary Americans, that is and other nations have dramatically him as an outgoing and friendly guy. who. This legislation will help low- and stepped up their efforts. One of his friends said, ‘‘There wasn’t middle-income Americans who rely on A few months ago, the nonpartisan anything or anyone he didn’t like, and subsidized loans to make college a re- National Center for Public Policy and everybody liked him.’’ He was a gen- ality. It gives them a real shot at the Higher Education released a new report tleman who always helped others who American Dream. that ranks the United States 16 among needed it in Sabine Pass. We know that an undergraduate col- the 27 industrialized nations in the Ryan knew his calling after high lege degree is a minimum education re- world for the number of students who school was to join the United States quirement for participating in the hope complete a college education or ad- Army. He simply wanted to protect his and opportunity of the 21st century. vanced certificate degree. The data in country, like he had protected those he We also know that our sons and daugh- the report also suggests there is a knew and loved all his life. He was sta- ters have been forced to take on sig- shortage of college-educated young tioned in Fort Hood, Texas. Ryan met nificant debt in recent years to pursue Americans ready to take over as the his wife, Katy, in September of 2006, that college degree. In the last 5 years, college-trained baby boomers retire. just a few months ago. The young undergraduate students and their fami- We could be as much as 15 million col- newly wed couple soon received the lies have seen tuition and fees rise over lege graduates short in just over a dec- news that Ryan, like so many others 40 percent at public universities after ade. That would be completely unac- before him, would be sent to the desert inflation. At the same time, the cost of ceptable in the United States of Amer- sands of Iraq. borrowing money has gone up by 2 per- ica. He was deployed to Iraq on October 4, cent. Cutting interest rates in half on sub- 2006, and he was assigned to the 1st It is a debt load that is forcing tal- sidized student loans is a start, but it Battalion, 12th Calvary Regiment, 3rd ented young Americans to pass up a is just that. It is just a beginning. We Brigade, Alpha Section, 3rd Platoon.

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.044 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H546 CONGRESSIONAL RECORD — HOUSE January 16, 2007 Ryan called home weekly, but the vious order of the House, the gen- do to show the gratitude of a grateful thunder of battle sometimes forced tleman from New Jersey (Mr. PALLONE) Nation. him to quickly end those phone calls. is recognized for 5 minutes. I urge my colleagues to stand up for As the 2006 Christmas season ap- (Mr. PALLONE addressed the House. our troops, stand up for Iraqi sov- proached, Ryan was given last-minute His remarks will appear hereafter in ereignty. Cosponsor the Bring the leave to spend the holidays at home in the Extensions of Remarks.) Troops Home and Iraqi Sovereignty Texas with his family and his neigh- f Restoration Act. bors in Sabine Pass. During Christmas, Scottie, Ryan’s BRING THE TROOPS HOME f mother, held her son tightly and told The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a him that she was not going to let him previous order of the House, the gentle- previous order of the House, the gentleman from North Carolina (Mr. go back to Iraq. Ryan replied, Mr. woman from California (Ms. WOOLSEY) Speaker, ‘‘I’ve got to go back over is recognized for 5 minutes. JONES) is recognized for 5 minutes. there. I’ve got to make it safe for my Ms. WOOLSEY. Mr. Speaker, tomor- (Mr. JONES of North Carolina ad- wife, my mom, my dad, and all those I row, along with Congresswoman BAR- dressed the House. His remarks will ap- love.’’ BARA LEE and Congresswoman MAXINE pear hereafter in the Extensions of Re- Mr. Speaker, amazing people, these WATERS, I will be introducing the marks.) Americans who go to war. On January Bring the Troops Home and Iraqi Sov- f 4, 2007 with nearly a year to go in Iraq, ereignty Restoration Act. 12-POINT PLAN FOR IRAQ the teenager returned to the battle- This bill fulfills the voters’ Novem- front to fight against these insurgents ber 7 mandate to the Congress. It ends The SPEAKER pro tempore. Under a and their terror against the people of the occupation of Iraq and, at the same previous order of the House, the gen- Iraq. Ryan was only in Iraq for 5 days time, it strengthens the Iraqi govern- tleman from Ohio (Mr. KUCINICH) is rec- when he was shot by a hidden enemy ment, and it also meets the needs of ognized for 5 minutes. sniper. The wound was fatal. our returning troops. Mr. KUCINICH. Mr. Speaker, Mem- Last week, 19-year-old U.S. Army It will, one, bring our troops home; bers of the House of Representatives, Specialist Ryan Berg became the first two, it will expedite the training of last week the President of the United son of Sabine Pass, Texas, to be killed Iraqi security forces; and three, if in- States gave a speech to this Nation defending freedom in that land far, far vited by the Iraqis, work with the that he intends to escalate the war away, of Iraq. For his courage during against Iraq. Compounding his speech combat, Ryan was awarded the Purple international community to rebuild Iraq’s infrastructure, while four, fully was the point-by-point recitation of his Heart and the Bronze Star. intention to continue to escalate ten- The news of his death at the hands of funding the commitment we have made sions between the United States and the anarchists stunned the Berg family to our returning soldiers for full health and the people of Sabine Pass. Through care benefits, physical and mental. the sovereign nation of Iran. their tears, Ryan’s mother and father, The situation in Iraq, Mr. Speaker, At this moment, when this Congress Scottie and Travis; his brother Brad, gets worse every day, and it is clear has honored the memory of Dr. King, it his sister Marissa, and his new wife, that we cannot provide security to bears reflection as to whether or not Katie, and countless other relatives Iraqis in the middle of a civil war. We we in this Nation have the capacity to and friends have, in their anguish, hon- need to bring our brave and capable begin to pursue a path of nonviolence ored the American warrior. men and women home to safety and to in our relations with other countries. Ryan’s loved ones expressed their their families, and we need to help the Our President is intent on escalating pride of his service to America and the Iraqi people regain their sovereignty. a war against Iraq. He is intent on pre- bravery their soldier exhibited President Bush does not have a plan cipitating a war against Iran. Whatever throughout his career. They also asked to bring our troops home. In fact, if happened to the science of human rela- for the community to pray not only for anything, he is escalating this occupa- tions? Whatever happened to using our Ryan but for those soldiers still amid tion with absolutely no end in sight. head in dealing with people so that war the dusty trenches fighting for freedom Our standing in the region and our is not an acceptable option, but that and securing liberty. standing around the world is at an all peace becomes inevitable because we Those who knew Ryan, and I have a time low, and this administration has pursue talking to one another? photograph of him, Mr. Speaker, those all but given up on diplomacy. If we had taken the case for Iraq to who knew him, remember his loyalty We can no longer wait for the Com- the U.N., we would not have gotten ap- to his family and to his friends, but not mander-in-Chief to come up with a proval for an attack against Iraq. How only as a man who never knew a plan. We are in the fourth year of this much better it would have been if this stranger, but Ryan devoted his life to occupation. We have waited long Nation had not decided to attack Iraq, guarding them from danger, those espe- enough. That is why I will introduce because Iraq had no weapons of mass cially who could not stand up for them- the Bring the Troops Home and Iraqi destruction, did not have the intention selves. Sovereignty Restoration Act tomor- or capability of attacking the United This Nation owes its gratitude, its row. States, was not trying to get uranium liberties, its freedom, to people like Whether my colleagues voted to sup- from Niger, did not, in effect, con- Specialist Ryan Berg and to brave sol- port the invasion of Iraq or not, they stitute a threat to the United States of diers who have walked the path of sac- can now unite behind a comprehensive America. rifice for the rest of us. plan, a plan to bring peace and sta- And yet, we attacked a nation which So God bless Sabine Pass, Texas and bility to the region. did not attack us, at tremendous con- God bless the Berg family and God One of the most important elements sequence, the death of over 3,000 Amer- Bless Ryan Berg. of this bill is to live up to the promises ican men and women who served this It has been said that when the Rov- made to those who have put their lives country valiantly, the deaths of over ing Legions went into battle one of 650,000 innocent Iraqis, according to their generals once told his men, ‘‘How on the line for this President’s fiasco in the Lancet Report, during the conduct you yet live will echo throughout eter- Iraq. nity.’’ Our most solemn obligation is to the of the war; complete annihilation of so Ryan, your deeds will always speak men and women who have been placed much of the cities of Iraq. the example of the spirit of the Amer- in harm’s way. To fulfill our obliga- What are we doing? What do we stand ican soldier. tion, we must bring them home to for as a nation? Does this really rep- And that’s just the way it is. their families, while, at the same time, resent what America is all about? Or guaranteeing physical and mental does America have a higher destiny? Is f health care for all U.S. veterans of it our destiny to rule the world with b 1930 military operations in Iraq and other our military might? Or is it our des- The SPEAKER pro tempore (Mr. conflicts around the world. It is the tiny to hold up our values of peace and THOMPSON of California). Under a pre- least we can do. It is the least we can justice, and to live them in our own

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.048 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H547 Nation, and to nourish them abroad sense, passionate and eloquent state- b 1945 through following international law? ments about where America ought to His plan for another march to Wash- It is a critical moment for America, be and what its position should be vis- ington meant for underprivileged Mr. Speaker. This Congress must stand a-vis the rest of the world. And so I Americans was cut short when he was up. We must not just set aside the esca- want to thank you so much, Mr. shot and killed on April 4, 1968. As we lation, we must set aside the occupa- KUCINICH, for having had the oppor- commemorate his life and work, we tion. We must not simply challenge tunity to just hear the statement that should apply the lessons he dem- this President and his buildup to war you have just made. onstrated in the context of current in Iran. We must let this President Mr. Speaker, like many others, I world events. His nonviolent approach know that any action he takes against spent much of the weekend talking to constructive change and his firm Iran will have constitutional con- about the contributions of Dr. Martin stance of fairness are leadership quali- sequences. Luther King and what he meant to ties that Washington and the world We are at a moment when we need to America. And earlier today, we had a must remember and emulate. defend our Constitution. We need to resolution, bill on the floor, cele- As we face issues of national impor- stand up for the American way, which brating the birthday and public holiday tance day in and out in this Chamber, is not the way of war. It is not the way for Martin Luther King, Jr. we must bear in mind the example that One of the young staffers in Govern- of aggressive war. It is not the way of Dr. King set in the hope that one day, ment Reform and Oversight had writ- preemption, unilateralism and first as he said, the leaders of the world will ten a statement that I was supposed to strike. sit down at the conference table and re- have read at that time because I was Mr. Speaker, it is really time for alize that unless mankind puts an end supposed to have managed that bill, America to take a new direction in the to war, war would put an end to all of but I was not here. But I was so im- world, and that direction is to work us. pressed by the statement that this with the nations of the world. I think that is exactly what Mr. young person had written that I de- I put forth a 12-point plan for Iraq. It KUCINICH was saying a moment ago. cided that I would come and share it called for America to announce the end Mr. Speaker, I thank you again for of the occupation, the closing of the with the rest of America anyway. And so he wrote, Mr. Speaker, yester- the opportunity to have addressed the bases, withdrawal of our troops. But we House this evening, and I thank my cannot do that unless, simultaneously, day the Nation celebrated the life of Dr. Martin Luther King, Jr. and the young colleague for having written we let the nations of the world know such an eloquent statement. that we are going to take a new direc- impact he made on our society. His tion in world affairs. We need to ask nonviolent struggle for freedom, dig- f the world community to help us, to nity and equality of all races broke The SPEAKER pro tempore. Under a mobilize a peacekeeping and security down longstanding barriers which de- previous order of the House, the gen- force that will move in as our troops nied equal opportunity to all Ameri- tleman from Texas (Mr. PAUL) is recog- move out so that the people of Iraq can cans. Although we still have a long nized for 5 minutes. be secure. When we do that we can march ahead toward Dr. King’s dream (Mr. PAUL addressed the House. His build a basis for a reconciliation in of peace and impartiality, his work in- remarks will appear hereafter in the Iraq between the Kurds, the Shiites, spired many to work for a world that Extensions of Remarks.) the Sunnis. When we do that we can respects and celebrates diversity. f Born January 15, 1929, in Atlanta, have a legitimate program for recon- IN REMEMBRANCE OF LIEUTEN- Georgia, Dr. King stood out as a stu- struction and reparations for the Iraqi ANT GENERAL MILTON H. dent and entered into the Christian people. We can help safeguard their oil MEDENBACH wealth for the people of Iraq, not for ministry. There he responded to racial private American oil companies. prejudices and injustices that sur- The SPEAKER pro tempore. Under a Iraq should be a turning point for rounded him when Rosa Parks refused previous order of the House, the gen- this Nation. It should be a turning to relinquish her seat on a Mont- tleman from Pennsylvania (Mr. point away from war as an instrument gomery, Alabama bus. Dr. King was SESTAK) is recognized for 5 minutes. of policy. It should be a turning point elected to the Montgomery Improve- Mr. SESTAK. Mr. Speaker, I rise where we address the needs of the peo- ment Association and led the bus boy- today because I wish to honor a proud ple of the United States, the real cott that ensued. Later, King would or- American and because it is my sad human needs, for health care, edu- ganize the Southern Christian Leader- duty to announce the loss of Lieuten- cation and jobs. And that is what my ship Conference, which provided him a ant General Milton H. Medenbach, su- 12-point program leads to. platform to become a more influential perintendent emeritus of Valley Forge leader in the civil rights movement. Academy in Wayne, Pennsylvania, who f He continued to advocate civil dis- died this morning, January 16, 2007. The SPEAKER pro tempore. Under a obedience, despite the fact that fire Lieutenant General Medenbach previous order of the House, the gen- hoses and attack dogs were turned on turned 99 on December 31, 2006, and had tleman from Indiana (Mr. BURTON) is him and fellow protesters in Bir- been a member of the Valley Forge recognized for 5 minutes. mingham. He spearheaded the March Military Academy & College faculty (Mr. BURTON of Indiana addressed on Washington for Jobs and Freedom and staff since the fall of 1932. General the House. His remarks will appear in 1963. The March on Washington Medenbach is a 1929 graduate of the hereafter in the Extensions of Re- brought more than 200,000 people to the Johns Hopkins University, where he marks.) steps of the Lincoln Memorial and de- was commissioned a secretary lieuten- f manded the elimination of racial seg- ant, infantry (TANKS). regation in public schools, protection He also attended the University of CELEBRATING THE BIRTHDAY AND for demonstrators against police bru- Marburg in Germany and was a student PUBLIC HOLIDAY FOR MARTIN tality and self-government for the Dis- of military government at the Univer- LUTHER KING, JR. trict of Columbia. This march also in- sity of Virginia and Yale University The SPEAKER pro tempore. Under a cluded Dr. King’s now famous, ‘‘I Have during his active military service. He previous order of the House, the gen- a Dream’’ speech, which became a pro- held a doctorate from Gettysburg Col- tleman from Illinois (Mr. DAVIS) is rec- found turning point in the American lege. ognized for 5 minutes. conscience. Upon the completion of his fellowship Mr. DAVIS of Illinois. Mr. Speaker, I In 1964, he was awarded the Nobel at the School of Diplomatic Service of am so pleased that I got an oppor- Peace Prize, and continued to lead the the Austrian Foreign Office in Vienna, tunity to listen to the statement from civil rights movement. His interests Austria, in 1932, he came home and the gentleman from Ohio (Mr. broadened from civil rights to include joined the Valley Forge faculty as an KUCINICH), who just made what I would criticism of the Vietnam war and the instructor in the Foreign Language De- consider to be one of the most common plight of the impoverished. partment and as a tactical officer in

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.053 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H548 CONGRESSIONAL RECORD — HOUSE January 16, 2007 the Commandant of Cadets Depart- (Mr. DEFAZIO addressed the House. which is the entry point for Afghani- ment. His remarks will appear hereafter in stan, much like Kuwait is the entry On leave from Valley Forge during the Extensions of Remarks.) point for Iraq, for his second mission World War II, General Medenbach f there. I hope that all of us will keep him and all our troops in Iraq and Af- served as Secretary of the General staff The SPEAKER pro tempore. Under a ghanistan and elsewhere across this of the Army Air Corps Tactical Train- previous order of the House, the gentle- globe in our hearts and in our prayers. ing Command and the Air Corps Train- woman from the District of Columbia ing Command and later, in North Afri- Mr. Speaker, the underlying purpose (Ms. NORTON) is recognized for 5 min- ca, Italy, France, Germany and Austria of the fiscally conservative Blue Dog utes. Coalition is to demand a balanced as a military government planner and (Ms. NORTON addressed the House. officer under Field Marshal Alexander budget in this country. Mr. Speaker, it Her remarks will appear hereafter in was not too long ago from 1998 through and General Eisenhower. the Extensions of Remarks.) Following active duty, General 2001 that we had a President named Medenbach returned to Valley Forge f Bill Clinton, from my native State, from my home State, who gave us a and served in the Pennsylvania Na- THE BLUE DOG COALITION tional Guard. His many decorations in- balanced budget. cluded the Legion of Merit, the Euro- The SPEAKER pro tempore. The gen- One of the ways he did that was with pean Service Ribbon with two battle tleman from Arkansas (Mr. ROSS) is PAYGO rules in place on the floor of stars, the American Defense Ribbon, recognized for 60 minutes. the U.S. House of Representatives, the Meritorious Service Unit Award, Mr. ROSS. Mr. Speaker, this evening, rules that the Republican leadership and the Pennsylvania State Guard Re- on behalf of the 44 member strong fis- threw out after they took control of serve Distinguished Service Ribbon. He cally conservative Democratic Blue the House and Senate and the White was also listed in Who’s Who in Amer- Dog coalition, I rise to spend an hour House in 2001, the beginning of the ica. this evening talking with you and 107th Congress. During his Valley Forge service, Gen- Members of this body about the Blue What we have witnessed over the past 6 years has been absolutely stag- eral Medenbach served in or assisted in Dog Coalition’s desire to restore fiscal gering, if not startling. We have seen the establishment of practically every discipline and common sense to our na- the largest deficit year after year after department of the institution as an as- tional government. year until we have accumulated the sociate of the founder, Lieutenant Gen- Over the next hour, we plan as mem- largest debt ever in our Nation’s his- eral Milton G. Baker. He held the post bers of the fiscally conservative Demo- cratic Blue Dog coalition to talk on tory. of adjutant and chief of staff, as well as As members of the fiscally conserv- deputy superintendent, and served for this floor about the Blue Dog Coali- tion’s 12-point plan for budget reform. ative Democratic Blue Dog Coalition, more than 30 years as the commandant we are committed through our 12-point of cadets. We plan to discuss our accountability measures, because we believe it is time plan for budget reform and through our He became the president on the re- accountability package to restore fis- tirement of General Baker and retired to restore accountability, fiscal discipline, and common sense to our na- cal discipline to our Nation’s govern- as superintendent emeritus in 1971. ment. More recently, he served the school as tional government. Before I begin the formal presen- As we begin this evening, today the volunteer historian and archivist and U.S. national debt is as the vice president and secretary of tation this evening, and will be joined by other members of the Blue Dog Coa- $8,701,316,295,722.43. We ran out of room. the Chapel Foundation Board of Direc- For every man, woman and child in tors. lition, I would like to take a moment to recognize Sergeant Marcus Wilson. America, their share, your share of the During the many years of his long national debt, $29,035.60, what we refer service, General Medenbach was the Sergeant Wilson grew up in Dermott, Arkansas, in southeast Arkansas, in to as the debt tax, d-e-b-t, which is one driving force in establishing the high tax that cannot be repealed, cannot be our congressional district back home. standards of character, personal dis- cut until we go away and get our Na- This afternoon I had the honor to go cipline, drill, ceremonies, and indi- tion’s fiscal house in order. vidual fitness that have been the hall- to Walter Reed Army Hospital where I If this is not startling enough, what’s marks of military excellence at Valley was able to sit down and visit with Ser- even more alarming is the fact that our Forge. geant Wilson and his wife and his son Nation is borrowing about $1 billion a It is with great sadness that we and thank him for his service to our day. On top of that, we are spending mourn his passing, and our thoughts country. He is there because of injuries about half a billion every day paying and prayers go out to his family at this suffered in Iraq. interest on the debt we have already time, as we thank him for his service. Before that he served in Afghanistan. got before it increases by another $1 All of us have different ideas about f billion a day. It is important that we what we should be doing with this post- get our fiscal house in order, that we The SPEAKER pro tempore. Under a war Iraq policy. But one of the things previous order of the House, the gen- return to the days of a balanced budg- that I believe is absolutely critical and et, that we restore fiscal discipline to tleman from American Samoa (Mr. important is that as Members of this FALEOMAVAEGA) is recognized for 5 our national government, because it is Congress, and as American citizens, about priorities. minutes. that we remain united in support of (Mr. FALEOMAVAEGA addressed the Many of America’s priorities, hon- our men and women in uniform. This House. His remarks will appear here- oring our soldiers, giving them the re- evening I pay tribute to Sergeant after in the Extensions of Remarks.) sources they need to get the job done, Marcus Wilson of Dermott, Arkansas, honoring our veterans and providing f and thank him for his service to our them the services that they were prom- The SPEAKER pro tempore. Under a country and pray for him as he recov- ised and so desperately need, especially previous order of the House, the gentle- ers from injuries he suffered in Iraq. with this new generation of veterans woman from New York (Mrs. MCCAR- Mr. Speaker, I wish you could have coming back from Iraq and Afghani- THY) is recognized for 5 minutes. been with me there this afternoon in stan and other parts of the world, the (Mrs. MCCARTHY of New York ad- conversations with Sergeant Wilson be- priorities in education, and so many dressed the House. Her remarks will cause he makes all Americans proud other areas that are going unmet, half appear hereafter in the Extensions of with his attitude, his attitude of perse- a billion dollars a day is not going to Remarks.) verance, his attitude of service to our those priorities, they are going to sim- f country as a soldier in the United ply pay interest on the debt we already The SPEAKER pro tempore. Under a States Marines. Again, I pay tribute got before it increases another $1 bil- previous order of the House, the gen- and salute Sergeant Wilson. lion just about every single day. tleman from Oregon (Mr. DEFAZIO) is Mr. Speaker, on this day my brother- We want to do something about this. recognized for 5 minutes. in-law leaves to go to Kyrgyzstan, We want to effect change. We are sick

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.058 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H549 and tired of all of the partisan bick- cize us that we should have done more But that should never be confused ering that goes on in our Nation’s cap- and not pay for it. with holding the administration, the ital. As members of the Blue Dog Coali- b 2000 Pentagon and the Department of De- tion we don’t care whether it is a Dem- fense, accountable for how this money ocrat or Republican idea. We ask our- So, Mr. Speaker, I just came down is being spent. We are sending some $9 selves if it is a commonsense idea and here to point out that irony; to talk billion a month, with a B, of your tax does it make sense to the people who about how effective the PAYGO rules money to Iraq. The last report I got, it sent us here to be their voice. are that are already being put in place was some $57 million a day to Afghani- We have pushed, for 6 years we have and how I think it is a tremendous tes- stan. It is time that this Congress held asked the Republican leadership to re- tament to the work of all the Blue this administration and the Depart- Dogs in the coalition that we have institute the PAYGO rules on the floor ment of Defense accountable for how it made this impact on the Congress, and of this House, and for 6 years they is spending your tax money in Iraq, Af- turned a deaf ear to us. We are really we will continue to do so. I yield back to my colleague from Ar- ghanistan and other parts of the world. proud that this new leadership, the kansas, and thank him again for his Additionally, Mr. Speaker, it is time Democratic leadership, has listened to work. that we hold this new Iraqi government the Blue Dog Coalition. In the first 24 Mr. ROSS. Mr. Speaker, I thank the accountable. They must be accountable hours of the 110th session of Congress, gentleman from California for joining for their actions. If we are going to put we saw the new Democratic leadership us this evening as a member of the fis- soldiers in harm’s way, if we are going on this floor institute rules that rein- cally conservative Blue Dog Coalition to have soldiers dying and becoming in- stated PAYGO, which is the first step to talk about the need to restore com- jured and returning home without in returning to a balanced budget and mon sense and fiscal discipline and ac- arms and legs and with other injuries putting an end to deficit spending. countability to our Nation’s govern- that forever change their life, it is time This evening, Mr. Speaker, I am hon- ment. we hold this new Iraqi government ac- ored to be joined by a former cochair of On the accountability front, Mr. countable for what they are doing or the Blue Dog coalition, a real leader Speaker, under the United States Con- not doing in Iraq. within our group from the State of stitution Congress has an obligation to Finally, Mr. Speaker, it is important, California (Mr. CARDOZA). At this time provide Congressional oversight of the it is absolutely critical, that we stop I yield to the gentleman from Cali- executive branch. Congressional over- this nonsense of passing supplemental fornia (Mr. CARDOZA). sight prevents waste and fraud, it en- after supplemental in funding for the Mr. CARDOZA. Mr. Speaker, I would sures executive compliance with the Iraq war when we know that this is a like to thank the gentleman from Ar- law and evaluates executive perform- long-term deal. It is time for the Presi- kansas for his leadership on the Blue ance. dent to quit playing games with the Dog Coalition. I know you are talking What we saw, Mr. Speaker, for the American people, to stop this nonsense tonight about the Blue Dog 12-point last 6 years is a Congress that failed to of passing supplements. It is my under- plan for fiscal responsibility. I am just uphold its constitutional duty to pro- standing he is going to ask for billions so grateful to the gentleman from Ar- vide oversight of the administration. more in a supplemental just days, if kansas for all his work on this. Rather, what we saw was a Congress not weeks, before the budget comes out I want to report to the House and to that provided a rubber stamp. for fiscal year 2008. It is time to make the country and to all of my colleagues The 110th Congress will be different. the cost of Iraq and Afghanistan clear in the Blue Dog Coalition that today in We will uphold the Constitution of the to the American people, provide a level the Rules Committee for the first time United States of America and we will of transparency, and include it in the we dealt with some issues. Actually, provide oversight of the executive budget. the PAYGO discussion came up, since branch, as the founders of this country This is what we are talking about our Speaker and the House reinstated wrote into our Constitution. The rea- when we are talking about restoring PAYGO and the Democrats took over son we are doing that is because when accountability to our national govern- the Congress. In fact, today, we are Congress does not do that, it abandons ment. Once we demand accountability going to be in just a few minutes hav- its responsibility by failing to conduct we will see these deficits begin to dis- ing a reportable rule that will talk meaningful investigations of allega- appear. about the reduction and the interest tions of serious waste, fraud, abuse and rates that Americans will be soon pay- mismanagement of taxpayer dollars. When I was a small child growing up, ing on student loans. Mr. Speaker, it is time for this Con- I always heard it was the Democrats In that discussion, it was ironic, be- gress to hold this administration and that tax and spend, and yet I come to cause in the opening session where we the Pentagon accountable for how your Congress and we have got for 6 years a debated the PAYGO rules, the Repub- tax money is being spent in Iraq. Let Congress that is controlled by Repub- lican Members of Congress, or a num- me be clear about it: As long as we licans in the House, the Senate and the ber of them, criticized the Democrats have soldiers in harm’s way, we will White House, a country controlled by saying we were not doing real PAYGO. support our men and women in uni- the Republicans, and what do they give Today in the Rules Committee, when form. As I mentioned earlier, my us? They gave us the largest deficit the PAYGO rules in fact capped some brother-in-law is in the U.S. Air Force, ever in our Nation’s history, year after of what we would like to do, we will and today is headed from Fairchild Air year after year, in fact, the largest def- not be able to do everything we want Force Base in Spokane, Washington, to icit ever. $413 billion in hot checks oc- to do for student loans right out of the Kurdistan, where he will be serving for curred in 2004; in 2003, it was $378 bil- chute, but we will do a significant the next few months, if not the first lion in hot checks; in 2005, $318 billion; amount; but we did it under the year. My first cousin is in the U.S. in 2006, $296 billion in hot checks. PAYGO rules and we are doing what we Army. His wife gave birth to their first It is time to restore fiscal discipline can do under the PAYGO rules. child while he was in Iraq. to our Nation’s government. It is time There was criticism that we weren’t This war has impacted all of us for this government to have a balanced doing enough, that we should have across this country in one way or an- budget once again, because where is done more, and we really didn’t need to other. I have had 3,000 National Guard this money coming from? It is not only pay for it. We live by the spirit and the soldiers, brave soldiers from Arkansas, coming from taxpayers, but we are letter of the law of the PAYGO rules spend more than a year in Iraq. I e- spending more than we are taking in. that we put in place on day one. In mailed today with a soldier from my It is coming from foreign central banks fact, we will have a good bill tomorrow district in Iraq. Make no mistake and foreign investors. In fact, this ad- that will limit the PAYGO rules. So it about it, as long as we have men and ministration has borrowed more money is ironic on day one they were criti- women in uniform in harm’s way, we in 6 years from foreigners than the pre- cizing us that we were not going to do will support them and ensure that they vious 42 Presidents combined. real PAYGO. Then we live by the spirit receive the resources they need to get Mr. Speaker, I am pleased to be and the letter of the law and they criti- the job done. joined this evening for this discussion

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.063 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H550 CONGRESSIONAL RECORD — HOUSE January 16, 2007 by the cochair of the fiscally conserv- such as education spending, such as en- you can e-mail us at ative Democratic Blue Dog Coalition, vironmental protection, that we have [email protected]. That is the gentleman from Florida, Mr. BOYD. neglected over the last 3 to 4 years and [email protected]. Mr. BOYD of Florida. Mr. Speaker, I that we need to deal with are going to Mr. Speaker, we are often asked how want to thank my friend Mr. ROSS run directly into conflict with these we got the name Blue Dog Coalition if from Arkansas for leading this discus- issues. we are just simply a group of fiscally sion. So I think it behooves us to remind conservative to moderate Democrats. Mr. Speaker, for 10 years now I have the American people that it is going to Quite frankly, Mr. Speaker, ironically, been in the Congress, and for all of be a tough, tough task, but it is one after the Republicans took control of those years, and specifically the last 6 that in terms of the long-term health Congress in 1994, we were a group, years, the Blue Dogs have been taking of this country is extremely critical. It which I wasn’t yet a part of, I came to this very floor almost on a weekly is critical that we don’t spend more here in 2000, but the conservative-mod- basis to discuss this issue of deficit than we take in. erate movement in this Congress was a spending. For those last 6 years, the I remember when I first came here I group of Democrats that, you have Blue Dogs, as Democrats, have been in attended a press conference with some heard the phrase ‘‘yellow dog Demo- the minority party and able to do little folks who were advocating a balanced crat,’’ well, the Democrats to our left about the deficit spending in terms of budget amendment to the Constitu- were choking us blue and the Repub- the final legislation that was passed. tion. A Member of this House showed licans to our right were choking us But things have changed now, Mr. up who I wouldn’t have expected would blue, and we found ourselves in the Speaker, and I am not sure that the have been at such a press conference, middle, which is where we believe country realizes how tough this job is because he was what we might consider America is and where we are trying to going to be. a little bit on the left side of the polit- bring our country, or at least our Con- We have created a horrible fiscal ical spectrum. When I asked him later gress as we try to restore fiscal dis- mess over the last 6 years, which has on why he was there, he said, ‘‘Listen, cipline to our national government. been described by my friend from Ar- Allen; unless we get our spending, our But on this accountability measure, kansas, Mr. ROSS, with the deficit deficit spending under control, we if you think with me, Mr. Speaker, no spending. Many of the decisions that don’t have money to spend on the pri- business in our country could succeed have been made on this House floor and orities that I want to spend them on, financially if it failed to fully report to in the Senate in the last 6 years it education, environmental protection, its shareholders on how it is spending seems like were without regard to the health care and those issues that make its money. However, that is exactly long-term economic health of the coun- America such a great country.’’ how our Federal Government has been try and deficit spending. So I think that is important to re- operating for the past 6 years. This ad- So I think the task before us is a member and remind our listeners that ministration is not telling its share- task that is going to be very, very dif- we are spending a huge percentage, holders, the American taxpayers, how ficult, and it is going to affect all as- maybe in excess of 15 percent, of every it spends the money coming into our pects of what we do here in the next dollar, every tax dollar that we take Nation’s capital. few months as we begin to try to de- in, on interest to service the Federal In 2004, $25 billion of Federal Govern- velop a budget and then a spending debt that we are carrying, a debt that ment spending went absolutely unaccounted for, according to the Treasury plan, an appropriations plan, for how is approaching, as we have been shown Department. this country will organize itself and here tonight, $9 trillion. We have to get perform the functions that should be that number under control. We have to b 2015 performed as a government. stop the increase in that number. The Bush administration was unable We know what those are: National se- That is the first step, stop digging, to determine where the money had curity, transportation, education, envi- stop making that number bigger. Let’s gone, how it was spent or what the ronmental protection. We have a farm figure out how to balance an annual American people got for their tax bill coming up that has to be reauthor- budget. We know we can’t do that in money. Even worse, the Republican- ized this coming year. All of those one or two years. It may take a 5-year controlled Congress at the time failed items are going to run right head on plan, a 3-year plan or maybe even a 7- to hold the executive branch account- into the red ink that has been dis- year plan. If we get our heads together able for this omission. Again, a rubber- played here and talked about by Mr. and work across the aisle in a bipar- stamp Congress year after year. The ROSS. tisan way, and we have a divided gov- 107th Congress, a rubber-stamp Con- There are going to have to be some ernment now, we can do that. We can gress; the 108th Congress, a rubber- very, very tough decisions made. It is work together, just like we did in 1997 stamp Congress; the 109th Congress, a not going to be easy. There is going to when we stopped the bleeding, so-to- rubber-stamp Congress; the 110th Con- be a lot of sacrifice on the part of the speak. gress, no more rubber-stamp Congress. American people, just like we did in So, I am here to support my friend You are going to see a Congress that the nineties when we found ourselves from Arkansas, Mr. ROSS, in his lead- upholds its constitutional duty given in a similar situation. So, I just want ing of this discussion, and thank him to it in the Constitution of the United to tell the American people, viewers, for his leadership on this issue, and re- States of America to provide oversight. our listeners tonight, that it is going mind my constituents back home and That does not mean go on witch hunts. to be tough and it is not going to be the American people that this is not It means do our job that we have been easy. going to be easy. This is going to come elected to do in providing oversight The first thing we need to do, obvi- in conflict with many of the things and accountability on how the Amer- ously, as Mr. ROSS talked about, is that we feel like we need to do as a ican people’s tax money is spent. make sure that the dollars that we country. But it is critically important In fact, in 2005, the General Account- take from the American people to fund for the long-term economic health of ability Office reported that 18 of 24 the programs that we need are spent this country that we do stop this def- major Federal agencies had such bad fi- wisely and they are accounted for and icit spending, and I am proud to be a nancial systems that they do not even they are not wasted. He has talked a part of the Blue Dog Coalition, which know the true cost of running some of lot about that, particularly in terms of has advocated this for so long. their programs. Yet the Republican- the Iraq war situation. Mr. ROSS. Mr. Speaker, I thank the controlled Congress at the time did not We have to put in place account- gentleman from Florida, a real leader force these agencies to fully account ability standards. But we also have to in the fiscally conservative movement, for how money was being spent before put in place some tools that we can use cochair for administration in the Blue doling out billions more of your tax to get us into balance in the long run. Dog Coalition, for his insight this money, Mr. Speaker, to the same pro- It is not going to be easy. Many of the evening. grams. things that we want to do, that we are Mr. Speaker, if you have any com- Clearly, Congress year after year has interested in, such as the farm bill, ments, questions or concerns for us, failed to ask the serious questions

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.065 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H551 about the Bush administration’s fiscal PAYGO in such a way that we do not the national debt, $8,701,316,295,722 and irresponsibility and record-high defi- start buying new things until we figure some change. Again, you divide that cits 4 years in a row and have now out how we are going to pay for them. number by every man, woman and pushed the Federal debt to nearly $9 I believe that is one of the pledges child in America, everyone’s share of trillion. that I and many of the new Congress- the national debt is $29,035. A lot of The time has come to hold this ad- men that have come to this body made money, a number we need to pay down ministration accountable for its reck- to the people that we dealt with on the by going back to the days of a balanced less behavior here at home, as well as campaign trail on a regular basis. We budget, as we had in this country from in Iraq, Afghanistan, and other parts of are concerned about what is going on. 1998 through 2001. the world. You are going to see this It concerns me, Mr. Speaker, that Mr. Speaker, as you walk the Halls of 110th Congress do that under the lead- people in this administration have said Congress, it is easy to detect when you ership of the fiscally conservative there is nothing to be concerned about are walking by the office of a Blue Dog Democratic Blue Dog Coalition. with the deficit, that what has been member because you will see this post- I believe Congress must act now to spent, it will take care of itself. I beer as a welcome mat by their door to renew its constitutional responsibility lieve that all of us know that that is constantly remind Members of Con- to serve as a check and balance for not really how it works. gress and the American people of the overspending, waste, fraud and finan- I know myself, as a small business- national debt. This number, unfortu- cial abuse within the executive branch. man, I have to be concerned that my nately, not only changes daily but will Wasteful government spending has spending does not overcome my in- go up some $40 million during the hour forced the national debt to its current come, and I realize the government has that we are on the floor this evening record level; and future generations, to live within those same means. We discussing this crisis. our children and grandchildren, have to have to be sure that what we are doing Mr. BOYD of Florida. Mr. Speaker, pay that bill. Future generations will is the right thing for the people in would the gentleman yield? have to pay back with interest the America, and even though it has been Mr. ROSS. I would yield to the gen- money the Federal Government is bor- reckless and we find ourselves in a dif- tleman from Florida. Mr. BOYD of Florida. Mr. Speaker, rowing from other countries due to this ficult situation, it starts with this would the gentleman tell our viewers administration’s fiscal recklessness. 110th Congress, that we move forward what that number was 6 years ago The time has come to restore com- to try to do responsible things for the when the administration changed, monsense and fiscal discipline to our people in America. when the new administration came in Nation’s government. As members of I believe that starts with thinking about what money could be directed to in 2001. the Blue Dog Coalition, we have a plan Mr. ROSS. Mr. Speaker, I guess a the education of our children. I cannot to restore accountability to our gov- good way of putting that was the total stress enough the fact of the money ernment and we have a 12-point plan national debt, not just 6 years ago, but that is being taken away from pro- for budget reform. the total national debt from 1789 to At this time, Mr. Speaker, I yield to grams that will improve people’s lives 2000 was $5.67 trillion. Today, it is ap- a new Blue Puppy, if you will, a new in America because of the debt we proaching $9 trillion; and by 2010, it is member of the Blue Dog Coalition from have. For that reason, we feel that fis- estimated to total more than 10 and ap- Ohio (Mr. WILSON). cal responsibility is a major thrust of proaching $11 trillion. Put it another Mr. WILSON of Ohio. Mr. Speaker, I this 110th Congress, and we believe way, it is doubling, a doubling of the rise to point out some of the issues that the Blue Dog Coalition is one of 211-year debt in the past 6 years. why I believe I was elected by the peo- the leaders in what is going to happen The reason the debt should matter, ple in Ohio to come to Congress to help in the future. Mr. Speaker, is because interest pay- with the deficit spending and the prob- This is the difference, Mr. Speaker, ments on this debt are one of the fast- lems that we have. that we make sure that new bills are est growing parts of the Federal budg- How we have gone from a surplus in going to fit the budget of what we et, which means less money for edu- 6 years to a record deficit under this have. We are not going to just be rad- cation, less money for veterans bene- administration, I believe that is why ical in spending money and not caring fits, less money for health care, less we had the turnout at the polls that we about what is in the future and what money for roads, and on and on and on. had this year. we need to do. So deficits do matter. Deficits reduce Mr. Speaker, I believe the American I am happy, Mr. Speaker, to be part economic growth. They burden our people are concerned. They are worried of this Blue Dog Coalition and to be a children and grandchildren with liabil- about the amount of money that is new Member of Congress to try to ities. They increase our reliance on for- being spent on interest, on the money bring about fiscal responsibility, and I eign lenders who now own a sobering 40 we owe on this deficit. They are con- look forward to working with the other percent of our debt. cerned about the money that is being 43 members of the Blue Dog Coalition I yield to the gentleman from Flor- taken away from the education of our to bring about this result. ida. children. They are concerned about the Mr. ROSS. Mr. Speaker, I thank the Mr. BOYD of Florida. Mr. Speaker, I money that is taken away from the gentleman from Ohio, and we welcome thank the gentleman for yielding, and health care of our families because of him to the fiscally conservative Blue that is the point. Over the last 6 years, the interest that is paid on this debt. Dog Coalition and appreciate his com- we have increased that national debt It is just irresponsible; and at this mitment to restoring accountability, by over $3 trillion. That is the tune of point, Mr. Speaker, every man, woman, commonsense, and fiscal discipline to about a half a trillion dollars, $500 bil- and child in this country owes $29,000 our national government. lion per year. That is after we include in this deficit budget that we have, or A lot of times when people think of all of the surpluses that we might col- lack of budget that we have. conservative Democrats, they think of lect in the Social Security trust fund There has to be a change, and I truly the South; and you will find with the or any other Federal employee retire- believe that is what the people in Blue Dog Coalition that we come from ment trust fund, such as our military America said all across America when every region of the country, Arkansas, retirees. they changed the face of Congress. It is Ohio, Long Island, Burbank, Florida, So we have a very serious problem now that we need to be responsible for California, and everywhere in between, that we have got to deal with. I mean, what is going on. and we share a common value, and that most of us who have been in business I believe that by being a member of is, to be responsible stewards of the tax understand that you cannot contin- the Blue Dogs that I have the honor of money that is sent to this capital and ually deficit-spend year after year being one of the frontrunners in asking to ensure that we leave this country after year without damaging your busi- for fiscal responsibility and demanding just a little bit better than we found it nesses. Eventually, your banker pulls that we know what we are buying be- for our children and grandchildren. the plug on you. fore we go forward and we know what Mr. Speaker, what brings us here this The gentleman made reference to the we are paying for and that we use evening is, as this poster demonstrates, fact that we are borrowing this money

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.066 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H552 CONGRESSIONAL RECORD — HOUSE January 16, 2007 in some nontraditional places, if you b 2030 We really need to consider a balanced will. The bulk of this money is coming I think the first adjustment was budget amendment, and I think it is from foreign countries such as China made back on November 7 in which the something that you obviously have to and Japan. The bulk of that money has American people said we want a di- understand that if you get a national been borrowed from those countries vided government, we want a more ac- emergency situation you have triggers over the last several years, and we countable government. We think the to override it that can be done. But all think that creates a long-term na- way we can have that is to have both that can be worked out constitutional security issue. parties working side by side in Wash- tionally if you are willing to abide by Mr. ROSS. The gentleman makes an ington with equal power. fiscal responsibility. excellent point. In fact, I have a list So the gentleman with his charts, I There are 12 points to this plan that here. I guess it is like David hope that the viewers will study those the Blue Dogs have adopted and ad- Letterman’s top 10 list. It is the top 10 and understand them because they are vanced to the Congress for its consider- current lenders. These are the coun- very important charts. And if you were ation. The second item after the bal- tries that the United States of America on the board of directors running a anced budget requirement is don’t let are borrowing money from, and for the business whose management brought Congress buy on credit. Don’t let Con- past 6 years, we have literally gone out you a chart like this, it would be some- gress buy on credit. In other words, if and borrowed money from foreign cen- what scary and you would know that we are going to have a new spending tral banks, foreign investors to give there would have to be corrective ac- program, then you have got to find a folks in this country earning over tion taken, and taken quickly. place to pay for it. And the good news $400,000 a year a tax cut and leaving Mr. ROSS. I thank the gentleman is that we have made great strides in our children and grandchildren to foot from Florida. As you can see, in 2000 we the last 2 weeks since Congress recon- the bill to pay back these foreigners, if had a surplus, in 2001 we had a surplus, vened after the election and put in you will. and then in 2002 you can see what hap- place a PAYGO rule in the House rules But the top 10 current lenders are pened. And the purple demonstrates package, and we have a promise from Japan, $640 billion; China, $321.4 bil- that we have been in the red, deficit the leadership of this House of Rep- lion; United Kingdom, $179.5 billion; spending year after year after year, resentatives that they will consider OPEC, imagine that one, $98 billion. record deficit after record deficit. and put up for a vote a PAYGO statute. The United States of America has bor- I think it is important to note that That would be a critical part to put- rowed from OPEC to run our govern- what we are trying to do here is set the ting us back on the road to fiscal re- ment. It is time we learned to live stage, explain the mess we are in, and sponsibility. we are not here to simply criticize the within our means again. Korea, $72.4 Mr. ROSS. If the gentleman would Republican leadership of the past 6 billion; Taiwan, $68.9 billion; Caribbean yield. When we talk about PAYGO years; we are here to offer up common- banking centers, $61.7 billion; Hong rules, that is an acronym used on the sense solutions to fix this mess. I think Kong, $46.6 billion; Germany, $46.5 bil- floor of Congress; but to a lot of the the American people want us to fix it. lion. And are you ready for this? Mex- folks of America they probably ask, As members of the Blue Dog Coali- what is this PAYGO business? It means ico. Mexico, our Nation has borrowed tion we have tried to spend the last pay-as-you-go. It was the policy that $40.1 billion from Mexico to fund this half hour framing how we have gotten was in place in this Chamber when we reckless spending that we have seen in to where we are, because a lot of people saw the first balanced budget in 40 this Chamber and in this government remember when we did have a balanced years, and it went out the window with in the past 6 years. budget in this country. We want to get the Republican leadership of 2001 and Mr. Speaker, I can assure you, this is back to those days, and the way we be- we have seen record deficit after record every bit as critical to our national se- lieve we can do it is through the Blue deficit since then. And for 6 years we curity as anything else we have got Dog Coalition’s 12-point plan for budg- facing us today because it is a threat et reform. begged the Republican leadership to to our Nation. It is a threat to our Na- Point number one is require a bal- listen to us conservative Democrats tion for us to owe this kind of money anced budget. Blue Dogs support a con- and work with us to reinstitute this to so many foreign countries and their stitutional amendment to require a PAYGO rule, and for 6 years it fell on central banks and their investors. balanced budget every year except in deaf ears. And I am very pleased that I yield to the gentleman from Flor- times of war or national emergency. one of these 12 points for budget re- ida. We believe a balanced budget amend- form, in fact a couple of them, have Mr. BOYD of Florida. Mr. Speaker, I ment is the only way to ensure fiscal now been implemented as a policy in thank the gentleman for yielding, and discipline in Congress. Forty-nine the rules of this House under the new I think the point is not lost on many of States require a balanced budget. Holly Democratic leadership, and I want to us that we are the greatest Nation on Ross requires a balanced budget. And I thank them for not only listening to us the face of the Earth. We have the don’t believe it is asking too much and but heeding our call and doing it in the greatest economy on the face of the I believe the American people expect it first 24 hours of the 110th Session of Earth. This is a country that, with 5 from us to provide them a balanced Congress under the Democratic leader- percent of the world’s population, Mr. budget with their tax money and how ship, which demonstrates that our mes- Speaker, that is one out of every 20 we run our government here in these sage is getting out. People are identi- people that exist on the Earth live in United States of America. fying with our message of restoring fis- the U.S., we control 25 percent of the Mr. BOYD of Florida. If the gen- cal discipline to our national govern- world’s wealth. tleman would yield. When you said 49 ment. So when we have to go borrow States require that, many of them con- But many folks on the Republican money, certainly the countries that stitutionally, I was in the State legis- side still don’t get it, Mr. Speaker. I may have surpluses, they want to lend lature in Florida and under the con- will never forget when we were down it to us, but when they see a country stitution you could not deficit spend. here debating the PAYGO rule, and that deficit-spends year after year And I think that is the point that my PAYGO means pay-as-you-go; it means after year, and I suppose we have been friend Mr. ROSS from Arkansas is mak- if you have got some new idea for a spending in the red now for six con- ing, is that we don’t seem to have the new program, you have got to show us. secutive years, at some point in time, will to get a balanced budget without And I watched Member after Member they as lenders will begin to question putting in place a constitutional on the Republican side get up and say the long-term health of our economy. amendment, and that is why many of that it is nothing more than a disguise I am not a pessimist, Mr. Speaker. I us have supported that. As a matter of for a tax increase, because if you are believe that we have the greatest eco- fact, I know when I first came to the going to have new spending, you have nomic model in the world in this coun- House after the 1996 election, we had got to have more money. They don’t try, and I think the American people many votes on a balanced budget get it. They are the party that used to will make the adjustments as time amendment that we took, but those believe in cutting spending, and now goes on. votes stopped after January 2001. they think the only way to pay for a

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.067 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H553 program is raising taxes. Not so, Mr. number 4 in the Blue Dog’s 12-point I yield to the gentleman from Ten- Speaker. We are talking about paying plan for budget reform: Require agen- nessee. for programs, paying for ideas that are cies to put their fiscal houses in order. Mr. LINCOLN DAVIS of Tennessee. good for the American people by cut- Number 3 was put a lid on spending. When we talk about different coali- ting other programs, cutting the waste Number 5: Make Congress tell tax- tions, obviously there are many in this out of government. payers how much they are spending. particular Congress, probably some People say, well, there is really waste Mr. BOYD of Florida. I think the several hundred different caucuses that in the government? Yes, sir, Mr. gentleman has ripped off the first four, deal with health care, deal with many Speaker. I have got $400 million worth and actually number 5 is have Congress different issues. But the one caucus in of waste sitting in a cow pasture at the tell taxpayers how much they are this House that deals with fiscal re- Hope Airport in Hope, AR, in some 8,000 spending. That seems like a novel idea, sponsibility and a strong national de- brand-new, fully furnished, manufac- that we would let the public know how fense basically is the Blue Dog Coali- tured homes that FEMA ordered for much of their taxpayer dollars we are tion. And when the Blue Dogs were es- Hurricane Katrina victims that never spending and when a bill comes to the tablished, here is basically what they got to those victims. They still are sit- floor how much it is going to cost, and said: ting there in a hay meadow at the air- that is a pretty simple thing to do. We are dedicated to the financial sta- port in Hope, AR. That is just one of Many are the times in the years I have bility and national security of the many examples of waste. That is a $400 been here that a few bills have come country, notwithstanding partisan po- sliding through the process without million example. It is a symbol of what litical positions and personal fortunes any debate and without any disclosure is wrong with FEMA and what is wrong and do hereby agree to organize a Coa- about how much they might cost, and with this administration. lition to serve the interests of our Members are forced to vote up or down I yield to the gentleman from Ohio country; on that bill. So we think that trans- (Mr. WILSON). That government has an important parency is a great tool. We think that Mr. WILSON of Ohio. I thank the and constructive role to play in defin- if the sunshine can shine on something, gentleman for yielding. ing an equal opportunity society built that is the greatest purifier to have Mr. Speaker, I would like to respond upon principles of individual rights and people understand what really is going also to some of the things that both of freedom and dedicated to creating con- on. these gentlemen have been saying, and ditions that serve the general welfare that is in regard to putting a lid on the The sixth point of the 12-point plan IL- and prosperity of the people; spending that is going on in our coun- by the Blue Dogs is one that Mr. W SON already alluded to, and that is a That the people have entrusted the try today. rainy day fund, a contingency fund. representatives of our country to tran- In 2001 through 2003, our spending scend politics, personal careers and for- just soared. And from that point the Most businesses and most homes have a rainy day fund set aside so if there is tunes in order to pursue the common Blue Dogs have been saying that we some emergency like we have in this good; need some spending caps, we need to be country on a regular basis, hurricanes, That a government too large and in- able to evaluate what we are spending floods, earthquakes, anything that is trusive stands in the way of an oppor- on various programs. maybe unexpected that we might have tunity society; The Blue Dogs feel that the purpose to respond to as a nation, there should That government must live within of holding the line on discretionary be a rainy day fund there to draw from. its allotted resources; spending is where we need to go with So that concludes the first six. That the burden of the American tax- fiscal responsibility. We feel, Mr. Mr. ROSS. I want to thank the gen- payer should be reduced whenever pos- Speaker, that our budget needs to be tleman from Florida for helping me go sible; held in place. And as was said earlier, through the first 6 of our 12 points for That government agencies are cre- 49 of our 50 States have budgets that budget reform that we believe can go a ated to serve rather than to restrict, they operate by. And I can only tell long way toward cleaning up this mess regulate, and punish the American peo- you from the State of Ohio, that we here in Washington. And next week, ple; had a budget, and we even had a budget Mr. Speaker, we will be going through That government should encourage surplus, which was a savings account the other six points for budget reform. work over idleness, personal independ- that we could use when there was a And the gentleman is right, a rainy ence over government dependence, and special need that came up in our State. day fund makes so much sense. No a free market which is not controlled, And that is the kind of plan I would more of these supplementals, which is dominated, and excessively regulated like to see us do in Congress as well, is another word for skirting the budget by the government; to not only stop the runaway spending, and skirting the normal appropriations b 2045 put the lids on spending, but then also process. We are kidding ourselves if we create a mechanism where we would don’t believe there is going to be some That the American Tax Code should have a safety valve if a special need kind of disaster or need for a rainy day be simply structured and designed to came up that we needed to be able to fund in America every year. These are create incentives for income earning, do for the people by having a type of 6 of the 12 points that we believe can saving, and investments in jobs and in savings account that we could use, and lay a foundation to return to the days expanding opportunities; that would be something that I think of a balanced budget to restore fiscal That personal responsibility is essen- would be very much in order. discipline and accountability to our tial to the preservation of freedom and Also, if I may, Mr. Speaker, I would government. that government must strictly hold ac- like to mention about the auditing of A lot of people, Mr. Speaker, want to countable those who are victims of the various programs that we have in know, what is this Blue Dog Coalition? criminal and irresponsible behavior; the government. It just makes good We are 44 members strong. But what That government should be a force sense to know how they are doing, and exactly is the Blue Dog Coalition and that affirms traditional American val- if they are not doing well we need to what exactly do they stand for? And ues and stands against the forces that hold people responsible for that. That Mr. Speaker, if you have got any com- threaten them; is part of the Blue Dog Coalition ap- ments or concerns for us, you can e- That government should always be proach, is to how we can audit and test mail us at [email protected]. aware that it is a creature of the Amer- where we are doing well and where we I am pleased to be joined this evening ican public, that it answers to the pub- are not, and certainly to limit our by a real leader of the Blue Dog Coali- lic for its failures and successes and spending where we are not doing well. tion from the State of Tennessee, Mr. should never be so arrogant as to use This is all part of the future and part LINCOLN DAVIS, who in these closing its powers to diminish personal rights of the fiscal responsibility that we need few minutes is going to tell us exactly and freedoms guaranteed in the Con- to be doing. what the Blue Dog Coalition is all stitution. Mr. ROSS. The gentleman from Ohio about and what we as fiscally conserv- Sounds pretty ambitious, doesn’t it? is exactly right. In fact, that is point ative Democrats stand for. But in fact we hear those who serve in

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.068 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H554 CONGRESSIONAL RECORD — HOUSE January 16, 2007 this House Chamber. We hear those of TAX INCREASES PROJECTED sure that those people stay in that po- different party persuasions talk about UNDER DEMOCRATS sition, that they are not paying taxes these particular ideas and how they The SPEAKER pro tempore (Mr. WIL- when they are low income. We lowered have enacted those. SON of Ohio). The gentleman from the tax rates on small businesses and Let’s talk about fiscal responsibility. Pennsylvania (Mr. SHUSTER) is recog- employers, the critical employers in I went back and did a little research. In nized for 60 minutes. our Nation that create the jobs. the early 1990s, government was taking Mr. SHUSTER. Mr. Speaker, I rise I hope that those on the other side of about 22.1 percent of gross domestic tonight to talk about and make the the aisle, the Democrats, will take a product in 1992 of the American work- American people aware that we have lesson from history from one of their er’s paycheck, of business paycheck. 1,446 days counting down to the tax in- own. Jack Kennedy, President Kennedy That is 22 percent-plus. For the next 8 crease to the American people which decreased taxes in the 1960s. What hap- years under the Clinton administra- will occur on January 1, 2011, if the new pened, there was increased revenue to tion, we saw government reduce itself, majority, the Democrats in Congress, the Federal Government. President or be reduced not by itself, let me cor- don’t act to extend the tax cuts that Kennedy in the 1960s did the right rect that quickly. I have never seen the Republicans put in place in 2001 thing. As I said, the revenues to the government reduce itself, but we saw and 2003. United States Government increased. those in government, Democrats and So in 1,446 days, we will see that tax Ronald Reagan did that in the 1980s, Republicans, working together to re- increase. The Democrats don’t have to and revenue increased to the Federal duce the spending in government to act, all they have to do is run out the Government. Once again, history re- 18.5 percent of gross domestic product clock. Run out the clock, and we will peats itself. In 2001 and 2003, we cut as of the 2001 budget area, in that 8- see a $200 billion tax increase. It will be taxes and what has happened is the lev- year period of time. money taken out of American people’s els of revenue the government has re- It has now climbed back up to where pockets between now and January 1, ceived are at greater levels than ever it is 20.8 percent, and that is gross do- 2011, if they don’t act. before in our history. That is what hap- mestic product. There has been more Those tax cuts as I said were enacted pens when you cut taxes. increase in spending in the last 6 years in 2001 and 2003. And what we have seen By raising taxes, all we will do is sti- in the budgets of the United States is an expansion in our economy, a fle economic growth in this country. than in any time in history other than great expansion that continues to this We will take money out of our small the Great Society years of the Johnson day that has created over the last 4 businesses; we will take money away administration. years 7.2 million jobs. Just in the from the American taxpayer. Once The principles I just read are month of December, 167,000 jobs were again, this economy will stop growing. ashamed of that, and those of us who created in this country. The unemploy- It will stop creating the jobs it has cre- serve here who are Blue Dogs are ment rate is down to 4.6 percent. It is ated over the last several years. ashamed to say that the code that we I know I am joined here tonight by have established for those of us who the lowest average we have seen in 4 decades, and that is directly attrib- one of my colleagues who is a former serve as Members of Congress of the small business owner and a former Blue Dog Coalition are ashamed of utable to the tax cuts that we passed in Army Ranger. what has happened in the last 5 to 6 this Congress in 2001 and 2003. Again, if we don’t extend them, Mr. Speaker, I yield to the gentleman years. Deficits have skyrocketed. We which I believe is the responsible thing from Kentucky (Mr. DAVIS). have gone from $5.8 trillion in national to do so we see this economy continue Mr. DAVIS of Kentucky. Mr. Speak- debt to where it is a little over $8 tril- to grow, we are going to take money er, we both had the opportunities to lion of national debt. pursue the American Dream, to start A lot of that has been because the 12 right out of the pockets of the Amer- our own businesses and create jobs. I principles that we have and hopefully ican taxpayers. look back on the last time there was a will be putting in place in this U.S. Mr. Speaker, we will be debating to- large increase was in the administra- Congress in the next 2 years, had they morrow a tax increase. It has not tion that came in in 1993 that passed been implemented and been in place, taken longer than 20 days for the new one of the largest tax increases in we would not have seen this outlandish Democratic majority to increase taxes. American history. What that meant to spending, nor would we have seen the There will be a great debate here, and our business was less jobs, money that American taxpayer be obligated to the there are many in this country who debt they have. think we should increase taxes on our could have been reinvested and em- My chief of staff just had a newborn oil companies. But it is the reduction ployed more people. The one thing we baby who he says cries a lot. I said, in the tax on our oil companies that need to understand is that people know Beecher, have you explained to him, has allowed them to go out and look how to spend their money better than little Willis, that he just inherited for new oil reserves to decrease our de- government does, to keep it in their $29,035? That debt is going to be his to pendency. Yet the Democrats are, as I local communities, to stimulate that pay. said, in less than 20 days, are going to local economy. And the tremendous in- Mr. ROSS. I thank the gentleman put a bill on the floor that is going to creases in taxes just went to further from Tennessee for joining us for this increase taxes already on a segment of Federal spending. Special Order as we talk about the fis- our economy. We will talk more about I think the thing that we have seen cally conservative Blue Dog Coalition’s that later this evening. by policies that allowed people to keep 12-point plan for meaningful budget re- If we don’t extend those tax cuts that more of their own money is we don’t form, what we believe can lay a founda- we put in place in 2001 and 2003, you are raise taxes, we create more taxpayers. tion to return us to the days of a bal- going to take money right out of the One of the things that is lost in much anced budget, to put an end to this American taxpayers’ pocket, anywhere of the political noise that has gone on reckless spending, to put an end to this from $2,000 to $4,000, right in that mid- over the course of the last year is that deficit spending, and as we discuss our dle income of America. That is money revenues from income taxes have been plan for accountability. that they can save to put away for at the highest point in American his- We are here to offer up commonsense their children’s college. They can save tory because the most jobs have been solutions to many of the challenges to put a downpayment on a car, or buy created by allowing people to keep facing this country today, Mr. Speaker. a new washer and dryer. But the most more of their own money. As I conclude, I would just remind you important thing is if we take that But in the aftermath of the last elec- that the national debt as of today is money out of the American taxpayers’ tion, what most folks don’t realize is $8,701,316,295,722. And that debt during pockets, it will be some bureaucrat de- that the average working-class family the past hour while we have been on ciding how to spend that money, and making between $30,000 and $50,000 a the floor of this House has gone up by not an American family. year has voted themselves a tax in- an estimated $40 million. It is time to We removed 10.6 million low-income crease of over $2,000 that will take restore fiscal discipline to our national Americans from paying taxes in this place in 1,446 days unless Congress acts government. country all together. We need to make as a majority.

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.070 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H555 I invite members of the Blue Dog Co- I cannot wait to join with the Blue One of the things we have done in the alition, those that are fiscal conserv- Dogs when I see what kind of budget Ohio Valley is to take advantage of the atives, to join together with us to en- they get an opportunity, if they get an coal-to-liquid technology. It is a prov- sure that those tax cuts stay in place. opportunity to introduce a budget in en technology. South Africa produces I have my son, Geoffrey, sitting be- this Congress. I know over the past 6 25 percent of their transportation fuel hind me tonight who is 8 years old. I years that I have been in Congress the from coal. That is why we have intro- ask myself what kind of a country will Blue Dogs have been able to introduce duced the Coal to Liquids Fuel Pro- he have. Will he have the opportunity a budget. I voted for the Republican motion Act of 2006. It is a bipartisan to pursue that American Dream, to budget, but I think, and I hope we get bill that I introduced with NICK RA- create jobs, to create a future and pur- an opportunity to vote for the Blue HALL. He and I share the largest inland sue his desire? That is what this is all Dogs budget. If they get a chance in port in the United States, where the about ultimately, providing personal this new majority to offer one, I think majority of America’s coal is transited freedom and discretion with their in- their budget will be much more reason- outward. Pennsylvania produces a tre- come to make a difference. able, much more fiscally responsible mendous amount of coal. We cut taxes in every walk of life. We than the Democratic majority’s budg- Think what we could do by decen- encouraged families by eliminating the et. But once again, I don’t believe the tralizing energy production, creating marriage penalty and we doubled the American people, at least any Amer- jobs here, and literally, as our floor child tax credit so families with a large ican I have spoken to, wants to see leader, the majority leader in the Ken- number of children would not be penal- their taxes go up. tucky statehouse says, we could have ized, but made sure that they could So once again, I would point out to another industrial revolution in the make an investment in their children. those Americans that may be joining heartland of this country, creating mil- We lowered tax rates for all Americans. us here tonight, there are 1,446 days be- lions of jobs, converting coal to liquids We removed 10.6 million low-income fore there will be a $200 billion tax in- in an environmentally friendly man- earners from the tax rolls. To say that crease imposed on the American peo- ner, reducing our foreign oil depend- these tax cuts were simply for the rich ple. And all that has to happen is that ency, stimulating jobs here, and giving was a myth because the person who the Democrats have to run out the our youth a future. And replicate that benefited was the working family and clock, and we will see many of those also with biomass, biodiesel, ethanol, small business owner who could put tax increases that my friend from Ken- and many other types of products. their dollars to work in their commu- tucky mentioned tonight, the child tax And I yield to the gentleman from nity to build a nest egg for themselves credit and those types of tax cuts we Pennsylvania to follow on. and ultimately to build a future. put in place that really will affect mid- Mr. SHUSTER. Well, that is abso- And what did it do on average? It re- dle-class America if we don’t act. lutely as you mentioned. In Pennsyl- turned $1,670 to the average taxpayer I would yield to the gentleman from vania, in its coal fields, we need to un- who took that money and spent it on Kentucky if he has a further comment. leash our companies in America, personal needs or invested it, building Mr. DAVIS of Kentucky. Well, I whether they are coal companies or a future for their children and their think we need to put in real terms companies developing biodiesel or eth- children’s children. what is going to happen in 1,446 days, One thing that I found interesting anol or wind. And even our oil compa- and that is a $2,096 tax increase for when the resolution on tomorrow’s en- nies, we have to encourage them to go every working family in America. ergy vote came in, and I think we come out there and to continue to look for What does that translate into? For from areas that are strong in manufac- new oil fields. me, that translates into one semester Tonight was a bit of a surprise, but turing in Pennsylvania, Ohio, Ken- of college tuition for my 21-year-old, tucky, and Illinois. Energy security is very appropriate that we heard that who started student teaching this one of the most important things that the Rules Committee has put out a rule week. She is in her third year at North- we are facing in the future of this Na- we will debate tomorrow for our very ern Kentucky University. And what tion. We talk about it and we talk first tax increase under the new Demo- does it hold for my son’s future? What about initiatives that are going to cre- cratic majority. ate jobs coming from folks who have kind of opportunity is he going to have We are joined here tonight by Mr. been in business. At the end of the day, by restricting that annuity that could CONAWAY, another colleague of ours, what are we seeing, not only a tax in- grow and remain strong in the future? who happens to be not most impor- If we look at it in the bigger sense crease in 1,446 days, but a tax increase tantly a CPA, which I think is impor- and talk about energy security in this on the American energy consumer that tant because he understands the lan- tax that is coming, that is going to hit is coming by taxing domestic energy guage of business, understands the bal- people in their bottom line, in the producers and pushing more business ance sheets and income statements pocketbook and at the pump, one of to Middle Eastern oil producers. which many people in this body I do I have some comments on some legis- the things we got to experience work- not think understand, but also he lation that we have been working on, ing together on the Armed Services comes from the gas and oil business in but I yield back for your comments on Committee, we see much of the money Texas. this. that America sends to foreign oil pro- So with that I would like to yield to Mr. SHUSTER. I thank the gen- ducers is sent to unstable parts of the Mr. CONAWAY. tleman. It is interesting to note, as we world. It is sent to areas like the Ara- Mr. CONAWAY. Well, I thank the heard, that they are going to increase bian Gulf that are a hotbed of extre- gentleman from Pennsylvania for let- taxes in less than 20 days being in the mism and instability. ting me join tonight’s conversation, majority. So it is going to be very in- We see what is happening in Ven- and I wanted to speak directly to that teresting to see how many of our col- ezuela right now, with a socialist dic- tax rate increase vote that will happen leagues vote. I was interested to hear tator who has risen to power and on Thursday as a part of what I believe one of our new colleagues, Mr. WILSON, threatening to nationalize the oil re- to be a very misguided attempt to pun- talk about change in America. serves and fundamentally to cut off ish a segment of our economy that America’s gasoline supply. Fifteen per- quite frankly is doing a job that all of b 2100 cent of our gasoline comes from that us want. I don’t disagree that the American part of the world. It would be curious if I could ask all people voted for change, but I don’t be- The one thing that I want to com- of our colleagues collectively in this lieve that I heard anybody in my dis- ment on, from that standpoint, is we House how many of them walked to trict that voted for me or against me, need to reduce our dependency on for- Washington, D.C. from their home dis- and I would be willing to wager that in eign oil, to keep more of our dollars trict; actually physically walked, or Mr. WILSON’s district in Ohio, a South- here. And there are tremendous initia- rode a bicycle from their district here, ern conservative Ohio, that anybody tives and opportunities that we have or horseback, maybe came on horse- there voted for a change to see our today that we could do to address this back or a horse-drawn carriage. Could taxes go up. issue in many ways. we get anybody to raise their hand?

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.071 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H556 CONGRESSIONAL RECORD — HOUSE January 16, 2007 Even the folks who live right across in place in 2003 by a Congress that said Catlettsburg Refinery, which creates the river. Ms. NORTON, I guess, could we need to incent manufacturers in hundreds of jobs in northeast Kentucky say she walks in. But I would say that this country, jobs that stay in Amer- and affects thousands of jobs in the every single one of our colleagues ica. And we are going to do that by a local economy, will be adversely af- comes to Washington, D.C. and leaves combination of wages paid within the fected by this. It will impair their abil- and goes back to their home districts manufacturing environments in this ity to grow and it will hurt the future in a car or an airplane or a train, or country to affect the tax rate. for people there. Down the supply some mode of transportation that uses The idea was to take the corporate chain, the distributors of gasoline and at its core fossil fuels to get us back rate from 35 percent down to between petroleum products. and forth. 32 and 33 percent on manufacturing ac- And, again, it is not Big Oil. It is the The bill on Thursday directly penal- tivities in the United States. And the local convenience store owner, the per- izes the folks who provide that re- definition was written intentionally by son who drives that replenishment source that we all use every single day. the Congress to include oil and gas ex- truck going to the gas stations. It is It is hypocritical and two-faced of us to ploration as manufacturing. It also in- the lawn care business that might be in on the one hand say that, yes, we need cludes timber and other kinds of things somebody’s neighborhood or the indi- to be independent of foreign crude oil that don’t normally come to mind vidual who is taking parts to the man- and foreign natural gas, as our good when you talk about manufacturing. ufacturing company. It is going to be colleague from Kentucky said, we are But the incentives for 199 weren’t put the person who distributes milk and sending billions of dollars into the in place just for the oil companies. food products. It will put a cost burden hands of countries and nations that in They were put in place for all manufac- on every single consumer in this coun- all likelihood are using some of that turers to incent people to produce in try. money to hurt us, to talk about getting America, to produce jobs, to produce Not only will there be a tax increase, away from that and at the same time, products that we can sell and export or but there will be inflation as a direct on the other hand, wanting to directly use within this country. result of this. Ultimately, it comes penalize those small producers and And now, on Thursday, we are going down to our consumers. Because if our large producers in this country that to have an opportunity to flush out farmers and manufacturers are all provide the domestic crude oil and nat- where everybody stands. A lot of rhet- going to be burdened with this, ulti- ural gas supplies. oric in October about who is going to mately it will pass to us. And what I have seen some data which shows do what to whom and all those kinds of sounds good in reality is a big, big mis- that the small independent producers things, but Thursday will be our first take, because it is taking money out of in this country in 2005 reinvested 617 chance for all of us to decide whether the economy, and it will send it else- percent of their profits back in the we are tax increasers, or we are against where and will keep it away from in- ground. Now, think about that: Not 50 domestic oil and gas production in the centives that will create jobs. percent of what they made, not 70 or 80, near term and in the long term with We need to make investments in en- but 600-plus percent of what they made this specific vote on the bill, H.R. 6, ergy, in natural gas, and in oil. Natural back in the ground. So what this legis- that will be up on Thursday. gas is critical for our manufacturing lation will do is take dollars away from So I appreciate being able to pitch in economy. But the Democrats in Con- them and bring them to Washington, on that subject, and I have some other gress overwhelmingly voted repeatedly D.C., and albeit they are going to try thoughts later on in the evening, but I in the 109th Congress. Congressmen to sequester those dollars to be used would yield back to either of my col- CONAWAY and SHUSTER and I saw this, somewhere else, I would argue every leagues. where in fact one Member was chased dollar we suck out of these producers is Mr. SHUSTER. I yield to the gen- down into our Cloakroom to change his a dollar that doesn’t go back in the tleman from Kentucky. vote after Hurricane Katrina against ground or produce domestic crude now, Mr. DAVIS of Kentucky. I just think expansion of refinery capacity. which we need. one thing the gentleman from Texas We need to make sure that we have I don’t think anybody argues that we brought up is very important for us to natural gas on the Outer Continental have a short-term problem and we have realize, and that is manufacturing jobs Shelf and we use the resources that we a long-term problem. The long-term are the best benefit providing jobs we have here, like the Alaska National problem with coal gasification and have for working families in this Na- Wildlife Refuge, in an environmental other things, nuclear, whatever they tion. Eighty-four percent of manufac- friendly way to make sure that our might be, those are long-term solu- turing jobs provide full benefits, health economy, our future, is put first, so tions. Nobody expects us to be able to care, retirement, opportunity for the that children like the young man sit- put a very big dent in our energy needs future, and that sense of security. ting behind me here can have a job and in this country in the near term from What this tax increase is going to do a future when they grow up. anything but fossil fuels. by addressing domestic oil producers is But what we see is this tax increase And for goodness sakes, why would not simply a strike at a mythological now and the tax increase in 1,446 days, we begin on Thursday to lay in place big oil company. The international oil and I yield back. the groundwork to penalize those very producers are not going to be affected Mr. SHUSTER. Well, I appreciate the people who are producing domestic by this. They simply have to step back gentleman’s yielding back, and I don’t crude oil and domestic natural gas? It and let the law of supply and demand think anybody should be surprised at is wrongheaded. Now, it makes great take over. Who is going to be affected? what we are seeing. I put a quote up drama to be able to beat up on the oil The local oil producers, the wildcat- here by Representative RANGEL from companies. ters, those small investors in Ken- New York, who is now the chairman of In all fairness, I come from an oil and tucky, West Virginia, Texas, Pennsyl- the Ways and Means Committee. Be- gas producing province, west Texas. I vania, Illinois, and other States fore the election he vowed to put all of am very proud of the oil heritage and I throughout the heartland that create President Bush’s 2001 and 2003 tax cuts am very proud of the supplies of oil and jobs. on the chopping block. natural gas that those hardworking, In addition to that, dollars for re- Here we go, 20 days into it and this is risk-taking individuals have provided search and development are going to be the start of it. This is the start of what you and I in this country since disincented. With a tax credit is the op- we will see over the next 2 years, which Spindletop in Pennsylvania. portunity to reinvest that, to find new is an increase in taxes. And some of So it is wrong headed by our Demo- sources of oil, and more importantly them they won’t even have to enact. crat colleagues to want to tax those in- develop new technologies that can They will just expire. dividuals differently than we tax other bring it forward in a low-cost way and manufacturers. The specific codes sec- create more jobs. b 2115 tion, 199, that we are going to snatch But it is not just the small pro- But I wanted to ask a question to the the oil and gas producers out of and in ducers. It will be the distribution gentleman from Texas who knows the effect increase their tax rates, was put chain. Those small refiners, like our oil and gas business much better than

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.073 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H557 I do. But, you know, basic economics, they do their best science at the cost. There is no way to recover much if you take away, if you actually project to try to determine where oil of this cost. You can get a little bit of disincentivize, put a disincentive to a and gas might occur. Now it doesn’t the pipe out of the ground, but most company to go out and explore for oil, occur everywhere, unfortunately. But everything else is sunk. And so if we when we see that, the oil companies it does occur in certain spots. And it don’t produce oil and gas from that and the wildcatters and the small busi- starts off with a geologist or a geo- well our investment is worthless. I ness entrepreneurs who are in the oil physicist or somebody who has an idea mean, it is just flat out worthless. and gas business, not going out there that this particular province or this Mr. SHUSTER. $4 million gone. and finding new sources of oil and gas, particular area may produce oil and Mr. CONAWAY. Gone. And much of when we see the supplies go down that gas. So they spend some up front the $2 million we spent completing the is going to cause prices to increase. money trying to decide whether or not well will also be gone and there is no And I wonder if the gentleman from there is the potential for oil and gas way to recover that. So the folks in Texas would comment on that. being in place. They then will send out this business are big time risk takers. Mr. CONAWAY. Let me just com- a land man to acquire the rights to Now, let me show you how big time ment on that. Let me make one clari- drill in the acreage that they think is they are. In the 5 years in between 1999 fying point. You said, we are 20 days prospective. And this land man will go and 2005, I guess that will be 6 years, into this issue. The 18th will be our to the land owners and the mineral in- the smallest U.S. E&P companies rein- 14th day. And the first tax increase will terest owners and others and he will vested 898 percent of their profits back come within the first 2 weeks, on the try to lease this property, lease the in the ground. Now what that means is 14th day. mineral rights, lease the ability to they took their profits, as well as bor- Mr. SHUSTER. It is good to have a drill for oil and gas from each and rowed a lot of money against the re- CPA on board. every one of those. And that can take serves that they found in the ground to Mr. CONAWAY. I only bring that up a great deal of time. Again, more reinvest in the oil business. All the because of the emphasis on the first 100 money invested, salaries and travel and way up to the super E&P companies, hours. There seems to be some magic other kinds of things trying to put the those are the large publicly traded about those first 100 legislative hours. prospect together. companies that are in the exploration And I want to make sure that the Once they have got the right to drill and production business. They have re- record is straight on these numbers. in the area, then the operator, the per- invested 247 percent of their profits Mr. DAVIS of Kentucky. If the gen- son putting this thing together in all back in the ground to find additional tleman would yield. likelihood generally does not have the oil and natural gas reserves. One thing I would like to point out, money to risk 100 percent of the well. The integrated, U.S. integrated oil just having come from an entrepre- As an example, we have got some, companies, the very largest in our neurial business background like you. Barnett Shale Wells in Texas, that it is country, ExxonMobil, Chevron, Phil- The idea of working 100 hours would 4 to $6 million for dry hole costs, mean- lips, all these guys, 174 percent of their normally translate into about 3 days or ing you are going to risk 4 to $6 million profits back in the ground. 4 days worth of work, possibly 5 if you before you know whether or not there So, as we take dollars, whether in had really to get something done, if the is any oil and gas in that particular ho- this tax increase that we are going to, product had to get out the door at the rizon. A lot of money at risk. however they come out of it, those are end of the month, if the system had to So this operator will go to, let’s keep dollars that will not go back into the be implemented, if the equipment had this simple. He will go to three friends ground to find additional supply of do- been to be rigged and installed. And I in the business and he will say I want mestic oil and natural gas. And each think what we have here was somewhat you to take a quarter of this deal and time we do that, it reduces the invest- misleading to the American people who I will take a quarter, you take a quar- ment, it reduces all of the activities expected 100 hours in the last Congress ter and a good colleague Mr. SHUSTER that are associated with that. And the would have been accomplished in a will take a quarter, and let’s go find bottom line is that we have a shortage very short period of time. But I think somebody else to take that fourth of it. of supply of crude oil and natural gas. we are taking a more comfortable pace, And together we will share this risk of And the law of supply and demand gen- doing 100 hours 2 hours at a time. In- drilling this prospect. So you put up a erally works in most businesses. It stead of having votes ending at mid- million and my good colleague from clearly works in this business. And if night or 1 in the morning we are get- Kentucky takes petty cash for his mil- we have a shortage of, as we saw, as ting done at 3 in the afternoon now. lion, and I squeeze my cookie jar for Katrina, shortages as a result of nat- Mr. SHUSTER. Somebody mentioned my kids, and I get my million together, ural disasters and other things, you get to me that we were cramming in 2 days and we go drill this well. a spike in prices. of work into 5 days. So if people really, Now, the drilling of the well involves Well, we have got a systemic problem if Lou Dobbs is watching tonight then hiring a drilling contractor, because with crude oil and natural gas world- he ought to be talking about our work the operator is not going to own any wide because, in addition to the supply schedule here, what we are really drilling equipment, so he goes out to a not going up nearly as fast as the de- doing, not just the fact that he was drilling contractor to hire the rig on a mand is going up, with China becoming ranting and raving about us not work- day rate basis or a footage basis or a an industrialized country and India being on Monday because of the national turnkey basis, all these kinds of special coming an industrialized country, the championship game. Let him come terms, to actually drill the hole into demand for crude oil worldwide has down here and see what we are really the ground. And you have got all kinds outstripped our ability to produce and doing. of service companies that go along increase the production in crude oil. Mr. CONAWAY. Let me comment on with it, pipe and mud and logging and That could be temporarily offset if what happens, or the mechanics of the all kinds of equipment and services go we could drill in places like Iraq and exploration business in the domestic into trying to decide whether or not Iran, where they have let their oil and arena. I have got some statistics here there is oil and natural gas in this gas industry languish for lack of in- that just are almost incomprehensible rock. vestment and upgrading. But even then in their scope. E&P is an acronym or And then if there is you do the appro- that would only be a short-term fix. initials for exploration and production priate test, then you run pipe and you So the impact that this tax rate in- companies. Those are the folks that incur additional costs. The completion crease will have on Thursday, if it take the risk. They start by trying to costs in our example, let’s say that is turns out to be a law, is that there will find rock, underground, sometimes 2 another 2 million. So we have put up be less searching for domestic crude oil and 3 miles deep, that has the potential our 4 million. Now I have got to come and natural gas. And it seems counter- for bearing oil and gas. And they do back to you for the other $500,000 each productive to me to talk, on the one this through a variety of means, in order to be able to complete the well hand, about reducing our reliance on through seismic and geology, and and begin the process of producing that foreign crude oil and natural gas, and sometimes just flat out guessing. But oil. And right now, all of this is sunk then turn around and penalize and rein

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.075 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H558 CONGRESSIONAL RECORD — HOUSE January 16, 2007 in the people who are trying to provide in the world. We are going to penalize found to see how they can be pulled out domestic crude oil and natural gas. our own domestic production, and of the ground economically. Mr. SHUSTER. And we are seeing those folks around the world that In my own district we have Newport right now, I think the latest thing I aren’t necessarily our friends, Iran Steel, a tube and casing manufacturer read was the price of a barrel of oil was being one of them, they can bring up that almost exclusively supports do- down to $51 a barrel of oil. Average gas that crude out of Iran. And it is a scary mestic oil exploration and production. prices going down. And some of that is situation what has happened. I know They are going to be hurt by that. a direct response to the supply people that the President of Iran was down in Those are jobs in a troubled industry out there finding oil. It is also in re- Venezuela. Iran has no refining capac- right now that is fighting to compete sponse to some of the demand has ity or not much to speak of, and Ven- internationally. cooled off. People are trying to use ezuela is one of the largest refiners. So b 2130 less. what we are going to see, I believe, is We talk about concerns over foreign Mr. CONAWAY. If the gentleman Iran making a deal with Venezuela, competition, concerns over competi- would yield. One of the things that it that they will pump the crude in Iran, tion with China. Guess what the Chi- was a bit counterintuitive in west and another one of our enemies, Ven- nese are doing? Last week or week be- Texas, there was no bumper sticker. ezuela, will refine it for them. So this fore last, the executive vice foreign The old business has gone through a se- is a national security issue. It is not minister, the incoming foreign min- ries of booms and busts that, I suspect just about taxes. It is about making ister in China announced, that they are are typical in most businesses, but sure that our domestic producers are making heavy investments in alter- they are pretty dramatic in the oil out there looking for oil and keeping native fuel technology to create trans- business. In 1986 there was a bust. In our reliance, lowering our reliance on portation fuels, coal-to-liquid tech- the early 1990s there was a bust. Late foreign oil sources. nologies, biomass. They are investing 1990s there was a bust. In the early Mr. DAVIS of Kentucky. I think you in other technologies to offset those 1990s, when the price of crude oil bring up a good point when you talk demands that they see the rest of the dropped, there was this bumper sticker about the national security implica- world growing from demands in Middle tions before we come back to some of that said Dear Lord, give us one more Eastern oil. boom and we promise not to screw it the domestic impact of this. Looking In addition to that, let us think up. at the news today, we see threats. In about the working families who needs And then we had the real dramatic particular, we are dealing with some this. There is a reason that the Inter- bust in 1998–1999 where the price of very complicated situations in Iran. national Brotherhood of Boilermakers crude went to 10 bucks a barrel for They are committed to developing nu- supports investing in these alternative sweet crude, and even less than that clear weapons, possibly as a deterrent, technologies, in coal-to-liquids and bio- for sour crude. Things were really possibly for an offensive capability. mass and ethanol to build these plants, grim. Thousands and thousands of jobs Sometimes they think about, people to decentralize our energy supply and pushed out of the oil business. want to look with a simplistic view on localize it so a storm like Katrina will And so when the prices began to rise, what Iran might do to the world energy not hurt it. in the early 2000s, and when they began market by closing the Straits of But guess what, if we raise these tax to push past 40 and 50 bucks a barrel Hormuz. But the Iranians are good that this bill purports to do this week, and into those ranges there was a real businessmen, too. And the one thing the investment capital that would cre- lag in the up tick in activity. Most they understand is they don’t have to ate those jobs, that would take those folks would have said, what do you have a military solution to impact risks instead of the private citizens think the drilling, the number of drill- world oil markets. By reducing their spending their money would be gone. ing rigs working in the United States production by 10 percent would cause a Who is going to get hurt by that? The would be if the price of crude oil was 45 devastating disruption in Europe and very people they say they are going to bucks a barrel? And when it was at Western oil commodity prices. It would help, because not only will it eliminate that point, 2002 and 2003 and 2004, most ripple through all prices in America, jobs, those manufacturing jobs, 84 per- folks would have said, the number of and they would still make the same cent of which have health care benefits drilling rigs operating in the United amount of money on the gross margin provided for their employees, they are States would have been much, much that they made with a greater amount going to be affected. higher than it really was. And the rea- of production by the impact on the It is anti-education. How? The one son for that was there was a real cau- market. thing that we talk about, and I talk tiousness on the part of these explo- This tax is simply irrational that the about with teachers and educators ration and production companies as to Democratic majority is bringing forth throughout my district is the need for whether or not that price would really this week for a vote. It is anti-jobs. It money, for investment in learning, to hold, were they going to get a drop in is anti-health care, and it is anti-edu- keep up, building schools, providing price. So there was a real cautious re- cation. It is anti-jobs because dollars books, training teachers, continuing investment in the business that was that would be invested in job creating professional education for our teachers. going on during that time frame be- technologies are going to be removed. I have a daughter who has begun her cause, quite frankly, the pros in the oil And who gets affected by this? student teaching now looking at a ca- business weren’t sure it was going to The view in the TV commercials sup- reer in education. Where will the dol- last. porting these types of things is the lars come to pay for her future or my Now, we have been in these prices for wealthy super executive on the big cor- son’s future? That comes out of the a lengthy time now and you are seeing porate jet. But what they forget about property tax; it comes out of income the kinds of drilling rig rates and ac- is the welder who depends on that, the taxes. That means that you have to tivities in the domestic production small welding shop that does fabrica- have taxpayers to do that. that ought to be happening when you tion work in Ponka City, Oklahoma. The government cannot magically have got prices at this level. So it is a They forget the seismic vibration tech- wave a wand and create money. It is wonderful industry. It provides great nology manufacturer that makes the going to be people investing in labor, jobs. Those jobs provide benefits, and it big heavy trucks with the seismic vi- adding value and creating a profit. is a wonderful experience. Most of brators that go out and read the When we see that the last refinery that those jobs are ‘‘living wages,’’ is that ground working with seismic engineers was built domestically was in 1976, we phrase that is bandied around from to help find where those oil reserves have a very serious issue, considering time to time. And to penalize them di- are. our population has increased by over rectly on Thursday is wrongheaded and And as my colleague from Texas one-third since then. extreme. pointed out, there is a tremendous I would be curious of your experience Mr. SHUSTER. And I think we men- amount of risk. It is not a science. looking at manufacturing in the en- tioned earlier, Mr. DAVIS mentioned Purely there is an art to this, to find ergy industry in Pennsylvania and about pushing it off to other countries those resources and then once they are your comments from that perspective.

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.076 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H559 Mr. SHUSTER. You are absolutely that was a double-digit increase in tax allows the Blue Dogs to propose. I right. This tax increase that is going to receipts. know that over the last 12 years, I occur is going to have a ripple effect This year we have collected year-to- think the Blue Dogs, every year, pro- throughout the economy. There are date from income taxes from individ- duced a budget that was voted on here those on the other side that think they uals, $251 billion, versus $230 billion on the House floor. are going to punish the oil companies. last year. This year, corporate income Once again, I am eager to see what They are not. Plain and simple, it is taxes are up the first quarter, almost the Democratic leadership allows the going to punish manufacturing, it is $99 billion versus $81 billion. That has Blue Dogs to do, because I think they going to punish people that are em- happened because this economy con- will propose a responsible budget more ployed in this country, people that are tinues to grow. so than I think the Democratic leader- paying taxes in this country. More people are working now than ship will. Again, we are going to wait But once again, we should not be sur- have ever worked. When those folks and see what happens. prised. Nobody in America should be worked, they paid taxes. That doesn’t Once again, I don’t believe that the surprised when we see, I was corrected, count the Social Security taxes and all American people want to see us in- 14 days into this Democratic majority, the other excise taxes that come into crease taxes. If we don’t act, if the when you have the new chairman of this Federal Government, but the truth Democrats don’t act in the next 4 the Ways and Means, Mr. RANGEL from of the matter is this economy is work- years, we are going to see a slow expi- New York, who said back in an inter- ing and working well. ration and an increase in the taxes the view before the election, back last Let me brag real quickly on taxes, American people pay to the tune of $200 spring, actually, that the tax cuts that which might surprise you that I would billion by the first of 2011. President Bush put in place were be- brag on taxes. In 2003 when our legisla- Mr. CONAWAY. If you look at those yond irresponsible, and he also said he ture, which meets every other year, numbers, we have had tax receipt in- cannot think of one of those tax cuts in came into session, they were facing a creases here, but they have come in the the first term of President Bush that $10 billion deficit. The comptroller was right way. They have come in the way deserves merit. projecting the State revenues over the where you have had more people pay- Does that mean the R&D tax credit, next 2 years, 2003–2004, would be $10 bil- ing and all those kinds of things. I am which I think we successfully extended, lion short of what the spending was hopeful that the budget that does come does that mean that they will repeal going to be. The Texas legislature dealt forward understands that we have got a that and repeal some of those R&D tax with that and that legislature, the sen- spending problem and not a revenue credits for alternative fuels? When you ate and the house and the Governor did problem. think, I see Geoffrey here, you told me a great job with it. The legislature that If you are in business, as you did in he is 8 years old. If a family of four has went into session a week ago today in the car business, and my good friend their taxes increased, that is going to Texas, for this year’s biennial, is facing did in his small businesses, and you are be about $2,100 a month. a $15 billion surplus, pretty dramatic looking at deficits, you rarely have the Well, if you had that $2,100 a month, turnaround in 4 years. option of raising revenues when you which you do today, and you took the The reason for that is this economy are in business. Yes, you have got to $2,100 and invested it every year in the is continuing to jet along and to boom, put more emphasis in sales; you have banks, so that Geoffrey, 8 years old, 10 no matter what the naysayers are talk- to do all those kinds of things. But the years from now to go to college, he ing about. All the angst that is in the way you are most assured of being able would have $30,000 in the bank. That’s American public, when you look at to deal with your deficit is to cut your a great nest egg for your children to facts, every criterion you look at, this expenditures. help put them through school so when economy is better that it used to be, That is where most responsible busi- they get out of school they don’t have better than it was this time last year. nessmen go at first when they are in debt. You know, we talk about all So the change that was talked about circumstances where they need to these government programs, when, in that happened on November 7, I don’t eliminate a deficit. There is more em- reality, let the American people keep think the change, as you said earlier, phasis on the cutting of spending and more of their hard-earned dollars so was to change this economy, to drive trimming back on expenditures and they can save that money for 8-year- people out of work, to reduce home- then try to do what you can with reve- old kids like Geoffrey so that he can go ownership, to increase tax rates on nues. It is only in this arena where rev- to college in the future. those who do have jobs. enues can magically appear by the Mr. CONAWAY. Looking at the tax I didn’t sense anybody campaigning signing of a pen without a great deal of cuts for 2001 and 2003, it might be help- for that. I certainly didn’t have any hard work to go in and do that. ful to get into the RECORD what one of folks in my district come up to me and Mr. SHUSTER. It is the equivalent, the impacts has been from those, from tell me that is what they wanted to it is one thing if you own a business to that tax policy being in place. I may be have happen as a result of this change have more sales; but what we do, you the only guy in Congress who drags on November 7. I appreciate the gen- raise the price, and when you are in this out once a month, but once a tleman letting me get those facts into business and in trouble and in deficit, month the Treasury Department pub- the record. you can’t just go out and say, oh, I am lishes a statement of the cash receipts Mr. SHUSTER. I agree with you the going to raise the price of the car, raise and cash disbursements for the United American people didn’t vote for a the cost of the washer or dryer. That States Government. change of this economy. They didn’t usually doesn’t work. Usually what It makes for some interesting read- vote for a change to increase taxes. We happens when you raise the price, the ing. For the first quarter of fiscal 2007, are in deficit not because we tax too market, the demand is not great which was last year’s, October, Novem- much; it is because we spend too much. enough, it will drive down your reve- ber, December of 2006, the Federal Gov- You know, our colleagues from the nues. ernment’s deficit for those 3 months Blue Dog Democrats side, they are What we are doing here is raising the was $119 billion. That is a lot of money. right when they talk about fiscal re- price. It will drive down revenues, as it For the equivalent period this year, sponsibility. They are right about con- always does. As we said earlier, wheth- for the first 3 months, fiscal year 2007, trolling spending. I think their number er it is President Kennedy in 1960 or which we have just finished in Decem- one of their 12 points is to have a bal- Ronald Reagan in 1980 or President ber, the deficit is $80 billion, so a $40 anced budget except in time of war or Bush in the early 2000s, when you cut billion improvement over last year. in a time of recession. Well, that is taxes it spurs the economy, and it cre- Why is that? what we had in early 2001, 2002. We are ates more revenues. Mostly because tax receipts and gov- still at war. We are not in recession Mr. CONAWAY. One thing that does ernment receipts are significantly any more. But the way to solve this happen to you, when you raise the higher again this year for that quarter problem is to control spending. prices of your goods, your competitor than they were last year. Last year was As I said earlier, I am eager to see across the street, who may not be in a double-digit increase. The year before what the leadership of the Democrats the same financial circumstances,

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.077 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H560 CONGRESSIONAL RECORD — HOUSE January 16, 2007 keeps his or her price the same. The next thing that we saw was infla- Mr. DAVIS and Mr. CONAWAY, for your Wouldn’t it be interesting if we had tion at the highest rate it had been in thoughts tonight. You pointed out some alternative to government, where anybody’s memory. When I graduated rightfully so that the government the folks said, which one of you folks from college, I think the prime rate doesn’t create jobs, the government can do the government the best and was under 17 or 18 percent. It was im- doesn’t create wealth, it is people out raising prices in that arena would be possible for a working family to afford in America, working hard, day in and much more difficult than we have a mortgage or to buy a house. It was day out, saving their money, investing today, where all it takes is 218 of us on driving the very people these Big Gov- their money, sweating at a job, and it this side and 51 on the other side to ernment tax solutions were designed to is just wrong for us here in Congress to make that happen as opposed to hard help, actually were hurting more than take more of their money than we work and sweat and labor that is usu- anything else, which concerns me with should. ally required for folks to make money this vote 14 days into the new Con- I put up 1,446 days to remind the in the private sector. gress. We are going to raise taxes on American people that they are going to Mr. DAVIS of Kentucky. I think the the fundamental bedrock economy that receive a tax increase unless we act, gentleman from Texas brings up a good drives the entire economy, the energy and that is a little less than 4 years. I point. I come back to what made this that fuels it all, literally, and in 1,446 am so grateful that the gentleman country great, and it was entrepre- days every working family in this from Texas is a CPA and got my num- neurial spirit where an individual could country, unless we stop that, will have bers right, that it is not 20 days into take a small amount of assets, invest a $2,096 tax increase. this new Congress, it is only 14 days, it, start a small business. b 2145 and we are already starting to hear In the smallest vein, these policies, Mr. SHUSTER. Does the gentleman about the first tax increase that the my son, who was running around here a have closing remarks? American people will see coming out of moment ago, and his brother, Daniel, Mr. CONAWAY. Mr. Speaker, I appre- this Congress. and sister, Miriam, decided they were ciate the gentleman sponsoring this Mr. CONAWAY. This is on top of the going to start a lemonade stand be- hour again tonight. We tend to spend a unfunded mandate on small businesses cause they wanted to create economic lot of time trying to scare each other that the minimum wage increase that opportunity for themselves. They into actions one way or another. I am was done last week will be. pooled their allowances, they went to as guilty as everybody else. It is al- Mr. SHUSTER. Absolutely. Except the store, they bought their resources, most as if whoever of us can scare us for the Marianas Islands. and they began to sell it. the most wins the argument. Mr. CONAWAY. American Samoa, Mr. CONAWAY. Did they pay rent on The truth of the matter is, the poli- which the average rate there is $3.15 an the front steps of the shop? cies in place now are helping the econ- hour. So apparently StarKist wants Mr. DAVIS of Kentucky. I did a long- omy. We don’t have this great economy tuna that pack cheaply instead of good term note for them for room and board. because of the policy; we have this taste. We will work that out with the family great economy because we have great Mr. SHUSTER. I thank both of you tax man over time. men and women throughout the coun- gentleman for joining me tonight. But the good news is, I think all try willing to take risks and work young people, when you see kids in this hard, get up every morning to go to f country have that natural desire to work and provide for their families and REPORT ON RESOLUTION PRO- create opportunity, and what do we do build this country. That is why it is with Big Government? Big Government VIDING FOR CONSIDERATION OF there. H.R. 5, COLLEGE STUDENT RE- stifles that opportunity. What these policies have done is LIEF ACT OF 2007 We stifle it by creating excessive reg- make their job less difficult. It is not ulations. We stifle it by tax. What easy. It is hard to make money. In the Mr. CARDOZA (during the Special might sound good, again, I come back real world, it is a very difficult pros- Order of Mr. SHUSTER), from the Com- to the politics of class warfare where pect to make money. So low tax rates mittee on Rules, submitted a privi- they say, oh, we have got to just stop and a consistent tax policy that people leged report (Rept. No. 110–1) on the these profits from going to companies. can count on help pave the way for resolution (H. Res. 65) providing for It is not fair for somebody who is work- that. It makes it less difficult for the consideration of the bill (H.R. 5) to ing 100 hours a week in reality to be hard-working men and women of this amend the Higher Education Act of more successful than you. But it is country to do what is being done, and 1965 to reduce interest rates for student those people who are creating the jobs that is to grow this economy, and by borrowers, which was referred to the for others. They are fueling the econ- growing the economy, the tax receipts House Calendar and ordered to be omy for research. They are fueling the into this government have increased printed. education and research and develop- double digits for the last 2 years, and ment programs in our universities. in all likelihood we may have a double f I look at another time in history digit increase again this year for a REPORT ON RESOLUTION PRO- where there was a government attempt record collection. So that is doing it VIDING FOR CONSIDERATION OF to control energy prices, when OPEC the right way. H.R. 6, CLEAN ENERGY ACT OF began to assert itself in 1973 and 1974. As this Congress begins to try to lead 2007 There was an attempt to control toward a different direction, toward a prices. What did we end up with? I re- different policy that says bigger gov- Mr. CARDOZA (during the Special member when I was in high school. ernment, higher tax rates on these Order of Mr. SHUSTER), from the Com- Mr. CONAWAY. That is your Gas folks, it is my opinion that it will mittee on Rules, submitted a privi- Policy Act in 1978 under Carter is what make it much more difficult for the en- leged report (Rept. No. 110–2) on the you ended up with. trepreneurs in this country to continue resolution (H. Res. 66) providing for Mr. DAVIS of Kentucky. There you to do what they do. consideration of the bill (H.R. 6) to re- go, what did we have? We had ration- They will continue to do it in the duce our Nation’s dependency on for- ing; we had gas prices skyrocketing. face of an insurmountable odds, that is eign oil by investing in clean, renew- Mr. SHUSTER. We had lines. just their nature, but by this 1,446 days able and alternative energy resources, Mr. DAVIS of Kentucky. The next as- away, if that does happen the way we promoting new emerging energy alter- pect of this was the markets for invest- think it will, then the tasks of growing natives, developing greater efficiency, ment to create jobs in the private sec- this economy, continuing to provide and creating a Strategic Energy Effi- tor began to drop. When I graduated greater opportunities for most Ameri- ciency and Renewables Reserve to in- from college, I was glad I enlisted in cans, will be much, much more dif- vest in alternative energy, and for the Army because there were no manu- ficult than currently today. other purposes, which was referred to facturing jobs left in western Pennsyl- Mr. SHUSTER. Mr. Speaker, I thank the House Calendar and ordered to be vania when I was 17 years old. both of you gentleman for joining me, printed.

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.079 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H561 CELEBRATING AND COMMEMO- look at alternative fuels, renewable modes of transportation. Many people RATING THE LIFE AND LEGACY fuels, new ideas, but at the same time consider the Montgomery bus boycott, OF DR. MARTIN LUTHER KING it will give many of us an opportunity and they used the terminology ‘‘bus’’ The SPEAKER pro tempore (Mr. WIL- to plant seeds of friendship and rela- because it was a bus. But it was sym- SON of Ohio). The gentlewoman from tionships with this energy industry bolic of the dividing line of color in Texas (Ms. JACKSON-LEE) is recognized that all of us want to become an inde- America. for 60 minutes. pendent industry and an independent So Dr. King was very eloquent in his Ms. JACKSON-LEE of Texas. I thank America. words, that he wanted to make sure the Speaker very much. Might I say I So, I look forward to the debate on that the dream of freedom, the more thank the Speaker for his leadership the floor of the House in the tradition perfect union, was one that we could and certainly his patience this evening. of Dr. King, who dreams for a better accept as a reality. We have spent the last 4 days in quality of life. Let us look at a new di- I want to acknowledge the King fam- many of our Congressional districts rection as we look to the opportunities ily. His children, Yolanda, and Martin, celebrating and commemorating the for energy investment in the Gulf, III, Dexter, Bernice; his wonderful, life and legacy of Dr. Martin Luther which many of us supported in the last wonderful wife, of which I had the King, and as many of us have partici- Congress. Let us give this initiative a privilege of having a beautiful friend- pated for almost 3 days as we went chance of reforming or looking to an ship, relationship, as she befriended home for the weekend, these com- investment in alternatives and renew- women across America. This strong, memorations have become more than ables. Might I say to my friends who regal woman, who after the death of celebrations and the kinds of actions are in the regions of oil and gas explo- her husband, a widow with four chil- that take place when a holiday allows ration, believe me, there is much room dren, she was not going to let his one to commemorate. for your technology and expertise in dream die, and then organized the Mar- As I listened to my good friends renewables and alternatives. tin Luther King Center in Atlanta, the across the aisle, one would wonder if I I wanted to just comment on my memorial, the tribute to his works. am now going to again recount the good friends, as I begin to discuss The King family, Dr. King’s family, great legacy of Dr. King, as my good where we are in Martin Luther King’s Daddy King, and his mother. And the friend and colleague, JOHN LEWIS, who dream. We all need dreamers. In fact, I Ebenezer Baptist Church that still has an enormous history with the would consider President John F. Ken- stands and has the legacy of the King movement and is certainly our con- nedy the main Camelot of America. I family, and the tragic loss of his moth- science, passed a suspension bill on the would consider Americans wanting his er, doing what she loves best, playing floor today, one that he authored, in dream to come true, his dream of a new in the church. tribute to Dr. King and in recognition and vibrant America, his dream of a No one pays attention to the com- of his 78th birthday. youthful America, his dream of going prehensiveness of the life of the King But in this time, I wish to suggest to space, his dream of a peaceful Amer- family and their commitment to public that Dr. King’s legacy is really a living ica. So there are many dreamers. service and the tragedies that have be- document and a living legacy, so I But the question is, do we take the fallen them, but this weekend and this want to weave the message that Dr. dreams and the message that those past day, in remembering what they King left for America and the world dreamers give us and now provide the stood for, should catapult us, propel throughout the changes that I believe activism that would cause America to America, into doing better. are key to where we are today. have a better quality of life? That is why I am so proud that As I listened to my friends speak I think of our Constitution. In es- Democrats have weaved into their mes- about the advancing bill that will deal sence, as the Founding Fathers begin sage of a new direction the under- with energy reform, let me just say to deliberate on what kind of nation standing of the values of Martin King, that coming from Houston, I happen to they wanted America to be, they were Thomas Jefferson, John Quincy Adams, be the Congressperson that represents dreamers, because in fact they didn’t Benjamin Franklin, individuals who one of the largest areas, we call it the know an America of the 21st century. would not have known where we would energy capital of the world. I practiced They didn’t know America as richly di- be in this 21st century, but would have oil and gas law for 15-plus years before verse as we have today. hoped for a wonderful and valiant coming to the United States Congress, But when they organized in the Con- America. and I have in many instances supported stitutional Convention this document Alexander Hamilton, for example, and will continue to support the that now provides a very effective road charged us with the responsibility of growth, the positive growth and the map of democracy, they started out as not letting our democracy age as the continued development of a very im- follows: ‘‘We the People of the United paper upon which it was written, but portant industry in this country. States, in Order to form a more perfect he reminded us in 1775 that ‘‘the sacred In fact, it should be known that as I Union, establish Justice, ensure domes- rights of mankind are not to be rum- got elected to Congress one of the first tic Tranquility provide for the common maged for among old parchments or acts that I worked on with former defence, promote the general Welfare, musty records. They are written as President Clinton was to assess the and secure the Blessings of Liberty to with a sunbeam in the whole volume of issue of royalty relief for the industry, ourselves and our Posterity, do ordain human nature by the hand of divinity at that time of course suffering from and establish this Constitution for the itself, and can never be erased or ob- low development, low prices, and which United States of America.’’ scured by mortal power.’’ needed an economic engine, if you will. This is the very Constitution that Dr. As I talk about Dr. King, I must re- So rather than look at the next step King vested himself in, the 13th and flect on Guantanamo Bay or Abu that the Democratic leadership wants 14th and 15th amendments. So he an- Ghraib or where we are today in the us to take as undermining the indus- swered the call of Rosa Parks in the Iraq war. You see, we are not isolated try, we should look at it as an oppor- mid-1950s, because he had an idea that to view Dr. King simply as a holiday, a tunity for expanding on the term ‘‘en- our Constitution was not working. Was Federal holiday, or ‘‘that civil rights ergy.’’ there actually equality or due process leader,’’ or the man who had this won- One would say, how does this weave as the 14th amendment would suggest? derful oratory and spoke eloquently in into the life and legacy of Martin King? Were we as colored people, Negroes, August of 1963, in the March on Wash- Martin King was a dreamer and also an truly free, as the 13th amendment ington. That is not all that his legacy activist, and he wanted for Americans, might suggest? should leave us. In fact, he too has pro- all of us, of all races, of all religions, of I think Dr. King in his theological vided a road map of which I am most all beliefs, a better quality of life. So I wisdom and his intellect probably rec- saddened that we seemingly have left believe that tomorrow and Thursday ognized that this was not a free nation. its pathway. when we have an opportunity to So he accepted the call of Rosa Parks As I started to say, I am grateful in present this bill on the floor of the to question why free people could not this new election when America spoke House, it will be an opportunity to sit anywhere they wanted in public volumes of what changes they wanted

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.082 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H562 CONGRESSIONAL RECORD — HOUSE January 16, 2007 to see. We have the kind of leadership we do not give America much credit for commemorating Dr. King’s dreams, that is not turning a deaf ear to the all the knowledge that they have. I serving. We worshipped together with voice of America. And Americans, if I enjoy being out listening to my con- Reverend Sharpton on Sunday morn- might speak that you might hear, do stituents. They are so instructive, and ing, and then we reflected in a break- not count your vote as your final word this waitress just stopped me while she fast on Monday morning, reflections of and say. You, too, are America. was putting the food there on the the past and dreams of the future by the North Houston Frontiers Club. b 2200 steam table. Those of you know we get good Southern food at the steam table. I am sure these kinds of events were As we proceed in this very new and And so she stopped me and said are we in our communities all over. And why exciting time of listening to you, so going to get an increase in the min- did we have them? Why do people do much so that we committed ourselves imum wage. That vote last week, re- this? Why is that it on that day we try to the first 100 hours, and in that 100 flective of the message of Dr. King, act- to find people that do not look like us hours, you can now look to see that we ing on his dream, gave us that oppor- and embrace them? Why is it a day have reformed the lobbying debacle tunity. that we speak of love and unity and that we experienced in the last couple We moved on, of course, to cast a harmony? What is it about this man of Congresses, we now realize that we number of other votes that would see called King? must reform ourselves. We passed that improvement in the lives of Americans. Certainly during his lifetime he agi- legislation limiting the intrusion of This week we have the opportunity tated quite a few, so much so that we lobbyists and recognizing that there as well to address the piercing interest can find him in any number of compro- should be restraints that close the door rates on our college students. We have mising positions. I hold this up. We can to special interests but open the doors always prided ourselves on believing in see law enforcement, with his hands to America. That was the dream of equality of education. It was an equal- shackled behind his back, and of Martin King. izer for immigrants in the early 1900s, course, again, being taken off to jail. Then, of course, we moved on to en- as it is today, certainly for minorities, This is the predicament that Dr. King sure that as we all fell to our knees women, African Americans who started would find himself in quite often. He during 9/11, as we saw the throngs of so off as second-class citizens. You always even got sent to jail and wanted to in- many die, and made a commitment as had their parents telling you, get an sist that no one let him out, but they we sang ‘‘God Bless America’’ on the education, but yet these spiraling in- would bond him out anonymously so very steps of this United States Cap- terest rates, and we are getting ready they could get him out of town; but Dr. itol, Democrats and Republicans, we to cut it in half. What an inspiration to King knew that if he did not suffer made a commitment to the fallen. We be able to focus on that. with those who likewise displayed a made a commitment to those mourning So I want to acknowledge our vice- nonviolent protest, his message could families. We made a commitment after chair, JOHN LARSON, who many people not prevail. the 9/11 Commission had finished its do not know is a lover of history but Dr. King saw the likes of dogs and hoses going after American citizens work to finish the job on homeland se- also a protector of history and helped who simply wanted to have a sense of curity. to introduce the Amistad slave ship to equality. But for Congress after Congress, we the rest of America. These are the new could not pass simple tasks such as in- He was found in many places, and I direction leaders. think that is why people stop on that spections of airline cargo and a number RAHM EMANUEL who economically is day, and even as we sing over and over of other funding needs for our first re- one who helped guide the Clinton ad- again, we shall overcome, tears come sponders, our firefighters and our po- ministration but helped to frame our to the eyes of white clergy, young His- lice persons, and we are still working debate on Medicare, and we know his on interoperability and looking to do panic men and women, Muslims, sensitivity to these issues. Protestants, those of the Jewish faith better things with rail security and JIM CLYBURN, who always provides a who were very much part of this ongo- highway security. steady compass of morality, who recog- ing movement, the labor movement, We could not get it done; but in this nizes we were a divided America, and African Americans, religious beliefs of new Congress, that took the dream of a now is in a position to be a healer with all kinds. They stopped for a moment, dream of a better quality of life of Dr. his words and his actions. those who are sincere and believe in King, we made his message a reality, Of course, our majority leader who this great message. passing the 9/11 Commission report. has an early history in civil rights and So this picture that reflects the We moved on to something that in all is certainly someone who is grounded marchers who would not stop going actuality, Mr. Speaker, really brought in the leadership direction that we past the sign that reads ‘‘Citizens tears to my eyes. I have been here 12 should be taking in this Congress. Council, States Rights, Racial Integ- years, and I have never served in the And of course, our Speaker, NANCY rity,’’ which was a sign of a racial pu- majority, frustration of the Medicare PELOSI, symbolically and in reality ex- rity group of those who believed that prescription drug benefit vote, and the udes Dr. King’s dream for I know that there was inequality, in fact, superi- vote on the war, and the vote on over he would be comforted in his 78th year ority of one group over another. and over again of rejecting hate crime that maybe America has listened. legislation. Nothing extraordinary, Mr. This is the leadership team that I b 2210 Speaker, just legislation that would in- think will carry forth this dream, and That is not the New Direction Con- dicate that simply we would not tol- as I participated in events over the gress, and so frankly I believe that erate hateful acts against people be- weekend, the silent march organized by more than ever Dr. King’s dream brings cause of their difference. I sat in pain- councilmember Ada Edwards that saw about a reality. ful hearings listening to people deni- almost 5,000 people marching silently, Now, let me tell you why I think we grate hate crimes legislation, just a the mayor of Houston and others who can use some of his writings for where simple addition, having come from the were there, an overwhelming experi- we need to go next. As we all know, we State that saw a man decapitated just ence, and then, of course, to commemo- are continuing the 100 hours with a cut a few years ago in Jasper, Texas, berate and celebrate with our working in the student interest rates. Just last cause of the color of his skin. men and women. The AFL–CIO na- week, as I indicated, we did a number I felt that pain of not getting legisla- tional organization was in Houston of reform measures, including fixing tion passed, and yet I believe it was celebrating the weekend with many, the Medicare Prescription part D. And, last Wednesday we cast a vote for the many union heads, including Richard Mr. Speaker, you haven’t lived until minimum wage, an overwhelming vote, Trumka and Richard Womack and you live through a 6-hour vote when and I applaud my colleagues from both Clayola Brown, locally John Bland and the clock stays open for 6 hours, not sides of the aisle. Richard Shaw and Claude Cummings during the day but starting from 12 Tears came to my eyes because I and many others, along with President a.m. until 6 in the morning. You have to go back to a restaurant where Little of the Transit Workers Union, haven’t lived until you are sort of cir- a waitress stopped me. Well, sometimes and they were out and about serving, cling this august place trying to talk,

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.082 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H563 if you will, sense in Members about things. The business community in Bir- give low performing schools the right who will you be hurting if you deny us mingham, they don’t want you here. kind of funding. We couldn’t do that in the right to negotiate a lower price, There is nothing more devastating or the last Congress. We passed Leave No who will you be hurting if you put a impacting than your colleagues, your Child Behind. We had good intentions. doughnut hole? Just the concept of it. clergy, those you hang out with giving But there were no dollars going to the You are going along and everybody no comfort to what you are doing or schools to help them be fixed. So, for knows these, if you will, holes in the telling you to just go away. And that is example, in Houston, TX our school streets, whether they are cavities that what they did with a signed letter in boards felt obligated to close schools. fall in because the street is not built the New York Times and in the papers And I hope that we will put school right or either these utility areas here, across America, that you are really boards in a position that they will everybody has had or not had, but being a trouble maker. choose courageously to render aid to imagine the unpleasant experience of And you know how we are with our schools. your car going down a sink hole. You human emotions. The normal response There are many school districts who usually can’t get out on your own. It is would have been a harsh letter and can be proud of their records. I believe usually unexpected. To think that in more to come: How dare you write to that we have a number of proud mo- that Medicare part D vote we voted not me sitting in a jail in Birmingham that ments in the Houston independent to negotiate cheaper prices and to was probably one of the longer stays school districts at All Dean Klein, Cy- allow our seniors to go into a sink that Dr. King had? prus Springs, North Forest Inde- hole. But with Dr. King’s message and But he took time to introduce him- pendent School District. Of course we the New Direction Congress, we voted self to America by saying: You may have proud moments. But there are on Friday to reform that, at least to not know, but I am President of the moments when we should be ashamed allow the negotiating of lower prices. Southern Christian Leadership Con- of what we are doing to our children; And, of course, there were all kinds of ference in the letter that he wrote. You poor equipment, boxing them in so naysayers; the veterans would suffer may not be aware that we have 85 af- their educational desires are stifled, and others. And, Mr. Speaker, you filiated organizations across the South, overtesting them. know we know better. We know how and one of them is the Alabama Chris- So I hope that this Congress will an- strong we have been on veterans, and, tian Movement for Human Rights. And, swer the Macedonian call, listen to our frankly, we know that we will have ve- by the way, they invited me here to teachers. I hope we will bring them in hicles in which that we will make sure Alabama. in throngs. Let us listen to school chil- that it is a fair and balanced initiative. He mentioned that he came because dren, let us listen to parents, the PTOs, Let me tell you why I think that we his staff asked him to come. But then the PTAs, how do we get a better edu- have utilized the map that Dr. King he got into the source of his inspira- cational system in America that bal- left, and I take first of all to cite that tion, and he used it from a biblical per- ances out the excellence that we be- point is his letter from a Birmingham spective. So allow me just to say these lieve we derive from charter schools jail. And I want everyone who has words from his letter. He answered the and private schools? Because I believe thought for a moment, ‘‘I can’t press clergy with their own scriptures. How a Nation that dooms its public schools the envelope on this.’’ It may be that many times do we do that? We are dooms its heritage and its legacy. you are in a place of employment, that more apt to be able to write that in- b 2220 you have got a better way to do some- sulting letter. It is hard for us to write Dr. King asked us to render aid, and thing and you just can’t move to get to an educating letter, a letter that is that is important as we look to the the boss’ door, you are just a little in- calming and peaceful. And Dr. King many needs that we have. timidated. Or your fellow workers are said: If we are to do a better job, then it is saying, ‘‘You know, you had better not But, more basically, I am in Bir- clear that we must develop a country go there. You know how they are.’’ It mingham because injustice is here. that provides employment for all takes a sense of courage to go against Just as the prophets of the eighth cen- Americans, and weave into that, we the tide when you know that some ill tury B.C. left their villages and carried have to address the question of keeping can befall you. So to America, we need their thus saith the Lord far beyond jobs here in America. Let me remind some Dr. Kings. We need people who the boundaries of their hometowns, and you that Dr. King lost his life in Mem- are willing nonviolently or with a word just as Apostle Paul left the village of phis, Tennessee on April 4, 1968. And if or pen to go against the grain. America Tarsus and carried the gospel of Jesus your history is a little rusty, he wasn’t needs that kind of inspiration again. Christ to the far corners of the Greco- there for providing opportunities to sit And I just want to remind you, it is Roman world, so am I compelled to in the front of the bus or sleep in a hard when you are a man of the cloth. carry the gospel of freedom beyond my hotel, he was there about jobs. He was Your friends are the clergy. They are own hometown. Like Paul, I must con- there about the dignity of jobs. He was rabbis, they are priests, they are stantly respond to the Macedonian call there because a labor union was orga- Protestant ministers, they are deacons for aid. nizing the garage workers, and they and deaconesses. These are your con- Now, I am not reading a Christian in- were not sanitation workers, they were temporaries and your friends. Dr. King terpretation for those who may be garbage workers, treated like garbage. got into the Birmingham jail. And it is Muslim or other faiths or agnostic. He went there for full employment so lonely enough in jail. I can certainly What I am reading is a secular usage of working people could have the dignity tell you and know that people who his response to the clergy who said you of their work. have protested nonviolently and wind need get out of there. You are an out- We as Members of Congress must in- up in jail, it is a lonely place. You may side agitator. What he said is, is that I vest in America, whether it be her have an idea that you are going to get have got to go and help to bring free- technology, science, math, so that we out, but you begin to think of all kinds dom where there is a need for me to can be at the cutting edge of job cre- of loneliness, and are you sure they are bring help. ation in this century. What does that going to let you out? Are you sure they So my challenge to my colleagues as mean? Some would say, Did Dr. King are going to come and get you? Dr. Dr. King’s birthday passes on for an- speak about research and innovative- King found himself in a Birmingham other year and we go on about our nor- ness? Well, I think he laid out a road jail at the hands of Bull Connor; but, mal duties, are we going to be the kind map. Remember, I said he was a dream- more importantly, the clergy of Amer- of Congress that renders aid and solves er. ica thought it was important to just problems as we move into the formula- We have to start putting more dol- address him, or I would say dress him tion and the reform of Leave No Child lars into basic science and research and down. They thought it was important Behind? I don’t believe there is one math. We need to be developing in our to tell him that, you know, you are a Member who cannot recount a story Nation more mathematicians and in- clergy and we are a little sensitive that where their schools are crying for re- ventors. Where is the massive invest- you are getting out of hand. You are an lief, whether it is to give teachers more ment we failed to get out of this ad- outside agitator. You are disrupting freedom in teaching, whether it is to ministration into research and science?

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.084 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H564 CONGRESSIONAL RECORD — HOUSE January 16, 2007 Where are our Ph.D.s, our physicists, ment, to be able to be on the steps of would be happy to debate it. There was our chemists, our biologists? Where are the Lincoln Monument, what a mag- a democratic election. I will not take the quality laboratories in our univer- nificent statement to America that we away from those benchmarks. sities? Where are the partnerships be- should never forget. b 2230 tween universities and the Federal I don’t want to sound unrealistic. I Government? know how holidays are given to us and But what I will say, as I would expect Let us be reminded that it is well they are one day. But I thought I would my good friend and colleague in the known that the Defense Department come to the floor tonight so that if Senate, the other body, who served in was probably at the cutting edge of the anyone gleaned anything from what I the Reagan administration and who Internet 30 or so years ago. And so am saying, it is that holidays are given understands these issues, as many of what are we doing by draining this Na- for purposes, for lives, for reason. We my colleagues do firsthand, Senator tion of all of its resources and not put- commemorate President’s Day because WEBB, I know that we are not deni- ting back into it so that 10–20 years we are grateful to George Washington grating things that have occurred. We from now, we can look to the new and Abraham Lincoln for the historic won’t deny that. But what we are say- physicists to challenge the creativities role that they played in America. ing is, is there not a better way? Is of the last century, the Alexander Bells George Washington, who guided us there not now time to turn the corner? and others, who put us on the then- through the Revolutionary War and Are we advancing any progress for technological map with the telephone. said we will stand. And Abraham Lin- Iraq or this Nation or the world with Dr. King dreamed of an equal and coln, for whatever his reasons as we the mounting death, now 3,000-plus free and just America, but he wanted have analyzed and critiqued about Americans, moving up from 25,000 to make sure that as we created that whether he was freeing the slaves or maimed? And might I say, Mr. Speak- opportunity, the creative juices of unifying the Union, he understood the er, we have returning Iraqi vets that America would certainly run free. Dr. death of soldiers and brother against don’t have jobs who are in our commu- King cannot be isolated in a box of brother. So we honor him because nities and asking what happened to the civil rights. We as Members of Congress whatever happened, we stayed unified work. can use that dream to implement a bet- as a Union. That’s why we have these By the way, I hope we will quickly ter quality of life; and in basic research holidays, so we can live again and pass the new GI Bill of Rights. I have and science and technology, we have again the value of our history. had these people stop me in my com- failed. We are flat-leveled. We have got That’s why we advocated and pushed munity; and as mothers typically do, to do a better job of finding those and JOHN CONYERS offered the legisla- which I am, though I certainly act con- young mathematicians. tion on Martin Luther King Holiday, gressional, but tears well up in me that That’s why I hope in the reform of not for the fact that he was good then I have to have a veteran ask me what Leave No Child Behind, you can have a but so people could recycle what he about a job or what about going to col- mathematical genius, they score high stood for. lege. We are not prepared for these vet- on the math test, but that little one I think now we have really, Mr. erans. We say we are. We are making may have trouble spelling. It is just Speaker, lost our way. We have clearly more of them, many of them maimed the way we are. We are all different. not been able to capture all of the and needing to be retrained, and we are We have to find a way to reform the dream of Dr. King. So I would like to saying we are not ready. We are saying educational system that has the oppor- bring us almost full circle in terms of some of our hospitals don’t have tunity for that young mathematician where we are today in the 21st century. enough beds. to block and work with the spelling so This war in Iraq goes against all that Dr. King, in his Birmingham speech, they are not held back. We have to ad- Dr. King tried to convince us of in his again, talked to the clergy about why dress the question of 10th graders and commitment to nonviolence. Of course you may well ask why direct action. 11th graders failing tests or having when I begin to speak of this issue of Because, as you well know, there was grades of Bs or C-minuses so they can nonviolence, I know what I will get protest and petitions. Why sit-ins, graduate, but that last test, as a senior from most Americans and many of my marches and so forth? Isn’t negotiation they leave and they don’t come back so colleagues, and certainly my friends on a better path? You are quite right in they don’t get even a GED. the other side of the aisle, particularly calling for negotiation. Indeed, this is We have to find a way to make an as I try to segue into this discussion on the very purpose of direct action. Non- educational system that is account- Iraq. They will tell me this is a post-9/ violent direct action seeks to create able, but it must be as Martin’s dream 11 world. Mr. Speaker, I understand such a crisis and foster such attention has offered to us and as Martin’s words that. You can be assured that every that a community which has con- on April 3, 1968 offered to us, he had single American understands that, and stantly refused to negotiate is forced seen the promised land and he really they want us to secure America. I don’t to confront the issue it seeks so to believed America had the ability to get reject that responsibility. dramatize the issue that it can no to the promised land for all Americans. But what I do say is we can take longer be ignored. So when we look at the reform or the some of the teachings of Dr. King and Now, why am I citing this? Because reauthorization of Leave No Child Be- maybe we would be better off as we of course I would imagine you would hind, let us be reminded that Dr. King look for a new direction to craft a leg- not think I am talking about direct ac- gave us a road map. He gave us the ‘‘I islative response, a courageous legislation in Iraq, but what I am saying is Have a Dream’’ speech, and I always tive response, that would begin to rede- that there are many ways to get fac- like to remind everyone of that thrill- ploy our troops and to find a better tions to the table other than the ing experience, 250,000, the largest way. Remember now, we are not iso- bloody violence and the presence of our march ever in our history at that time lated in our leadership. We are viewed soldiers on the soil of Iraq, at least as in Washington, D.C., and what I found as the most powerful Nation in the they are now being used. Is this mis- most thrilling as a little girl was the world. What does that mean? Conflicts directed, Mr. Speaker? We are not array of diversity. We talk about diver- around the world will look to us for re- bringing anyone to the table of nego- sity now. That is our new lingo. But lief: Sudan, South and North Korea, tiation, not with the constant violence, 1963. And the pride of the people who the changes in South America. They the constant maiming of our soldiers, were there. I am from California, I am will look to this Nation for its guid- and the constant fueling the fire of sec- from Illinois, I am from Texas, I’m ance, and a Nation that is bogged down tarian violence. from Georgia. Everybody had on their in an unceasing conflict where any one Now, Mr. Speaker, I need tell no one State hats or State insignia. Young of us could account for you that we of the enormous tragedy that we expe- people, people in wheelchairs, veterans. have had measuring sticks of success. rienced today. I can’t cite for you the What an experience. What an experi- I did not vote for the war, but I am numbers, but the U.N. now says that ence. not going to take away from that that, 34,000 Iraqis have died. The headline: And then to be between the Lincoln one, we invaded Iraq. Saddam is not ‘‘Suicide Bombings Go on as U.N. Says Monument, the Washington Monu- there. We can debate that question. I 2006 Dead in Iraq Top 34,000.’’ The

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.085 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H565 United Nations said 34,452 Iraqi civil- Then, of course, Alexander Hamilton soldiers on the battlefield, for, as we ians had been killed in sectarian vio- wanted to make sure we didn’t leave have heard, there are monies there. lence in 2006. our democracy, our freedom, our abil- But unless our voice is heard, non- This is not insurgents or al Qaeda ity to speak just on some parchment violently, and comprehensively, we coming across the border. These are paper they had written on. He said it have a failed policy and a failed direc- Iraqi civilians caught up in sectarian has to be living, and we are not living tion continued by the executive. violence. We have not been able to stop the dream or living freedom here in I close, Mr. Speaker, by citing in the it. This is a terrible day today. We America today. And, America, is what Constitution the recognition that there have over 100 today that have died. I am saying to my colleagues, you are three branches of government, the Over 100. voted in November, I know, but it is executive, the judiciary, and the legis- So when we begin to try and resolve time to break the silence. That is what lature. The Founding Fathers made this question of Iraq, can we not put in Martin King said on April 4, 1967, a sure, not knowing of Dr. King’s dream, place serious diplomatic negotiations? year before his death. Beyond Vietnam, that they were equal and balanced. Can we not work in a bipartisan man- a time to break the silence. And I respect the President as a Com- ner? Can we not suggest that we have That was a stepping away from Dr. mander-in-Chief, but it is time now for done enough to warrant the Prime King’s whole legacy at that time. And, America to breathe life into this Con- Minister at the table along with Sunni believe me, he received enormous criti- stitution, and to ensure, as we breathe leaders? Can we ask the Prime Minister cism. But he said a time comes when life into this constitution, we, the peo- not to be so singular in his viewpoints? silence is betrayal, and that time has ple who are here to form a more perfect Do you expect, with his relationship come for us in relation to Vietnam. He union, demand in debate and demand in with the cleric, that he would in any even went on to say, when pressed by action that we redeploy and bring our way provide the kind of necessary com- the demands of inner truth, men do not soldiers home. mitment that we have been told by this easily assume the task of opposing And we can be successful because administration will be required for the their government’s policy, especially America has always lifted her voice of Baghdad policy to work, dividing Bagh- in times of war. Nor does the human reason and brought people to the table dad into nine districts, forcing our sol- spirit move without great difficulty in negotiation. And all the violence in diers, 20,000-plus, into neighborhoods, against all the apathy of conforming Iraq, all of the violence in Iraq has not dragging people out of their neighbor- thought within one’s own bosom and in brought the parties together. All of the hoods when the bombing that occurred the surrounding world. warring, all of the militia and our sol- today occurred at the end of al Sadr, He said, again, it is time to break the diers on the ground has not brought the city? The largest and one of the silence. Tonight, as he spoke to the the parties together. That is where the most egregious horrific bombings and congregation in this speech, he said: administration fails in its duty to heal we are to expect that our soldiers will However, I wish not to speak with America and to make a solution that be able to be in the midst? Hanoi and the National Liberation recognizes sectarian violence is going Oh, yes, I have the greatest faith in Front, then of course our proposed en- to require those sects to sit down and our young men and women. And I do emies during Vietnam, but rather to find a valid peace. Martin King left us with good words, believe they are well trained. I take my fellow Americans, who with me answer the Macedonian call to render nothing away from them, and I thank bear the greatest responsibility in end- aid, and we, as Americans, would get to them for being willing warriors. They ing a conflict that has exacted a heavy the promised land some day. He might are called and they go, and we should price on both continents. So this is what I leave with my not be with us, but we have the oppor- never diminish them. They are our de- friends. It is the responsibility of tunity, still, to continue our greatness fenders. And when the Commander in America. It is our responsibility to end and be part of the promised land. Chief calls them, they respond. I thank you, Mr. Speaker, and thank And, yes, Mr. Speaker, in the times I the conflict that has exacted a heavy price on both continents. you again for your patience this have gone every year since we invaded evening and having given us an oppor- Iraq, I have gone along to Afghanistan, b 2240 tunity to remind Americans that our I have been in Mazul and Tikrit, and I And so I ask Americans to push for- history is not one that is passed, but it have spoken to soldiers, and I probably ward. Let us hear from you on the cut- is living. Dr. King’s dream must live left some behind who lost their lives. ting off of funds because, as we have within us. And every one of them would give you heard over the weekend, the adminis- f a stiff upper lip. They are there. As I tration refuses to listen to the voices got to go more recently, unfortunately of the American people. And I was told THREE AMERICAN HEROES I would see those who are there on the Vice President indicated that we The SPEAKER pro tempore (Mr. WIL- their second and third redeployment, have enough money, and so the Con- SON of Ohio). The gentleman from Cali- and those who will go back will be on gress is not needed. fornia (Mr. HUNTER) is recognized for 60 the second and third redeployment. But I remain committed and inspired minutes. So Dr. King’s dream is being extin- by Martin King’s dream. And he had a Mr. HUNTER. Mr. Speaker, tomor- guished in the bloodiness, in the wonderful dream for a better America. row morning, at 7:24 a.m., the first rays misdirectedness of an ongoing war, He wanted to see all of us of all hues of the morning sun will illuminate the longer than World War II, with no solu- and religion, little black boys and girls markers, the crosses and Stars of tion. We leave Dr. King’s dream of non- and white boys and girls and brown David at Arlington Cemetery. And violence, of ways of using nonviolence, boys and girls, and all races and creeds about a half hour later they will move extinguished and stomped under our of his era, now translated to today sit- across the oak ridges of the Blue Ridge feet. ting down at the table of peace and Mountains and down to the slow waters So I say to the American people, Dr. harmony. of the Shenandoah River and across the King’s birthday is past, it was yester- It may sound dated, but it is relevant Midwest of this country. day, and we had a weekend of activi- today, and the New Direction Congress And, Mr. Speaker, they will arrive, ties, I’m sure, in many, many cities. has grabbed hold, if you will, of the about an hour later, that great Amer- You won’t remember it again until idea of making America great. ican sunrise, at the small towns in next year this time, but I believe we Mr. Speaker, we cannot make Amer- Texas, the hometowns of Audie Mur- are commanded by icons like Dr. King ica great unless, of course, we bring, in phy, who fought with such great her- and our own Founding Fathers who in- dignity, the end to the Iraq conflict. oism in World War II, Sergeant Roy dicated first that we organize this Na- 34,000 dead. And America must speak Benevides, who was a hero of the Viet- tion to form a more perfect Union. It is against the funding and the continued nam War, and the hometown of Cor- right here in the Constitution, the very funding of this horrific, misdirected poral Jason Dunham, who was given, a document that provides for us the right conflict. few days ago, the Medal of Honor by kind of way to declare war, which we Might I say, it has nothing to do with the President of the United States for never did. cutting off the resources of our valued his extreme valor in Iraq.

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.086 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H566 CONGRESSIONAL RECORD — HOUSE January 16, 2007 Mr. Speaker, these three American ner; and that that is much preferable can do things like call in medivacs and heroes are tied by a common thread to to the Marxist state which was where direct precision fire and do other each other and to the American people it was headed when the United States things that we call combat enablers, so and to our national purpose, in that intervened. they will have American embedded they all fought for the expansion of b 2250 teams helping them. freedom. Beyond that, standing as a backup to Now, Audie Murphy fought in a war, Having free nations around the world these two or three Iraqi battalions will World War II, which was a war that, in strategic locations especially is im- be an American battalion, helping to once we had gotten into it and got past portant to America. I think we all shore them up, helping to give them that first vote for a draft, which I agree with that now, we have got a advice, standing behind them while the think passed by one vote in this body, chance, if we succeed in Iraq, and hav- Iraqis move through the neighborhoods and realized that it was make or break ing a country that is a friend, not an and through the communities in the time for the United States, that it was enemy of the United States, a country areas that are violent in Baghdad. a war that would involve the full com- that will not be a state sponsor of ter- Now, my recommendation has been mitment of our entire country and all rorism in the future for the next 5, 10, that we take some of the 27 Iraqi bat- of our energies, a war in which there 15, 20 years, and a country which has a talions that have been trained and was unanimous support, that it was a modicum of freedom for its people. equipped that are in the quiet areas of war in which Audie Murphy fought Now, you know in spreading freedom Iraq, and nine of the 18 provinces are with such great heroism. around the world, incidentally, there quiet areas. They are areas that in- The war in which Roy Benevides are lots of naysayers. There are a lot of volve less than one attack a day. That fought was a war that didn’t support, people who criticize and have criticized means that the 27 battalions that we or didn’t involve that unanimous sup- the American efforts. have trained and equipped that are in port by the American people, but, After all, we only saved half of the those areas aren’t undertaking sub- nonetheless, involved a noble cause, Korean peninsula and none of Vietnam stantial military operations right now. the cause of spreading freedom in Viet- for freedom. People can point to the We make sure that the Iraqi Ministry nam. cliffs of Normandy in France and point of Defense saddles up those battalions And the war that Corporal Jason out that the country that hosts those and moves them into the fight, rotates Dunham gave his life in to protect his American gravesides for the soldiers them into the battle, principally in the buddies in the 1st Marine Division, was who gave their lives for the liberation Baghdad area, but they could do the a war, similarly, in which the United of France, that country is less than en- same thing in other areas in the Sunni States has entered a long established thusiastic in supporting the United triangle and even out in the al Anbar blueprint for establishing freedom States in our efforts to expand freedom province. That does a couple of things. around the world, that is standing up a around the world. First, it helps get the job done. It free government, standing up a mili- You could probably say the same moves trained and equipped fighting tary to protect that free government. thing about the Government of Ger- personnel into a theater of battle, and And he was involved in the dangerous many, seeming to have forgotten the it provides people and equipment to conflict in Anbar Province and gave his ordeal of the Berlin airlift that the make the necessary military oper- life for his colleagues in that struggle. Americans endured to maintain free- ations to settle down Baghdad. So all three of these heroes were in- dom in West Germany and ultimately But the second thing it does is train volved in the greatest American pur- bring freedom to all the German peo- up the Iraqi Army, because the best pose, which is to spread freedom. ple. There can be lots of criticism way to train any army is to put them Mr. Speaker, we have an interest in about the American plan. But, you in military operations. Let us put them spreading freedom, not just a humani- know, the American plan, the idea of in military operations. tarian interest, but a national interest. freedom has worked. Now my understanding that it is, in After World War II, we stood up the I want to talk just a little bit about fact, from those nine quiet provinces free government in Japan, and we the Baghdad plan, the plan that the we are going to have some three bri- stood up a military apparatus that President and the joint chiefs and our gades that will involve six to nine bat- could protect it. And who would quar- war fighting leadership in Iraq have talions moving from the north and rel with the idea that we have an enor- put together. Now, somebody along south, from quiet areas in Iraq, into mous interest in having Japan, a free this great tradition of critics who like Baghdad. We will be moving Iraqi bat- nation, with considerable economic and to imply that somehow the road that talions into Baghdad. Those have been military capability, on that end of the we didn’t take was a smooth road, committed by the Iraqi Government. Pacific Ocean? there is lots of criticism of this plan. Now, there is no guarantees that all We also maintained free Germany, This plan is not guaranteed to work Iraqi forces are going to show up. They that is, West Germany, with the Berlin because a lot of it relies on a factor are going to have to prove that. In the airlift, which was carried out with lots that the United States doesn’t control, past, they haven’t always shown up. of American expenses and involvement and that is willingness, the willingness Although they have battalions that and sacrifice. But we did that and, ulti- of the Iraqi military to show up with have performed very, very well in com- mately, that resulted in the reuniting all of its units, to stand and fight, to be bat, they have got others that haven’t of East and West Germany, and after willing to engage in battle, and to be performed well. the wall came down, the freeing of hun- willing to take the burden of security Now, we could take this pattern of dreds of millions of people as a result that presently is carried mainly by the having two or three Iraqi battalions of America’s triumph in the Cold War. Americans. with an American backup battalion, And nobody would quarrel with the But let us talk about this Baghdad and we could use that to get combat idea that having a free Germany in plan, because the Baghdad plan could experience and operational experience that strategic location was important be a pattern for the handoff of the se- for every single Iraqi unit. Presently, to the United States. curity responsibilities from the United there are 114 Iraqi battalions extant. In our own hemisphere, we main- States to the Iraqi Government. That means that we have trained and tained a shield around that fragile de- In each of the nine sectors in Bagh- equipped 114 battalions. mocracy in El Salvador as we stood up dad that the plan envisions, there will I am sure that they are at varying that free government and allowed them be an Iraqi brigade. Now, usually an levels of end strength, that is, per- to have their first elections. And no- Iraqi brigade will consist of two or sonnel, and probably varying levels of body would quarrel with the idea that three maneuvered battalions. A bat- equipage. But you only need some basic El Salvador, which now is an ally of talion can be anything from 500 to 800 equipment for this urban fighting. You the United States in the operation in people, so it consists of two or three need to have weapons, you need to have Iraq, is an important asset for the maneuvered battalions who will be out ammunition, you need to have commu- United States in our own hemisphere, in front. They will have some embed- nications gear, and you need to have an important ally, an important part- ded American advisors and people who transportation, and you need to have

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.088 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H567 soldiers who are willing, willing to plants that used to represent what we icy that we have acquiesced to and re- obey the chain of command. You need called the ‘‘arsenal of democracy.’’ store the arsenal of democracy. to have leaders who are willing and When we got into World War II, our It is kind of funny. When China enable to lead, and you need to have a allies and our adversaries realized very ters a trade deal with the United plan. quickly that America had an arsenal of States or competes against an Amer- This Baghdad plan, this idea of divid- democracy. We had a great industrial ican company, since we are all talking ing it into nine sectors, saddle up Iraqi base. We had an industrial base in football at this time of the year, they units that heretofore have not been op- which our major auto makers were able start with 74 points on the scoreboard erating in Baghdad, moving them in, to turn immediately to making tanks before the opening kickoff. putting them out front, in front of the and personnel carriers and all the other They give a 17 percent refund of their Americans, the Americans are backup, equipment of war. VAT tax, basically a 17 percent subsidy using that basic pattern to run through I know that in my own hometown in to this exporter who is sending out all of the 114 Iraqi battalions and give San Diego, we had an old facility you products to the United States. When them combat experience is a good way can still see if you drive down by the our products arrive at China’s shores, for us to start this handoff in which we harbor that used to turn out a bomber they give us a 17 percent penalty. That hand off the full security burden to the aircraft every 60 minutes. That means is now a 34 point spread. And then, just Iraqi forces. they could have built the entire B–2 to make sure that we don’t throw a Now, there is no guarantee that this force in one day and had three hours Hail Mary and come from behind and can be done. There is no guarantee be- left over. win that particular competition on cause one element of this plan is the Everywhere across this land, because that particular product, they devalue commitment of Iraqi political leader- we had a strong industrial base, which their currency by 40 percent, and they ship and the military leadership to were able to transform that industrial increase the spread in points to 74 carry out what they say they are going base into a wartime footing, and it was points. to do. with the support of that industrial base That means that before the opening This plan can be a blueprint for the that the armies of the United States kickoff in this competition that we handoff of the security burden. I would moved across Europe, that the Marine call world trade between the Chinese hope that Members understand that Corps and the armies moved across the corporation and the American business the troops that we are sending to Iraq Pacific, and that we brought this war and American workers, China has 74 right now are, indeed, reenforcements. to a conclusion that favored the United points on the scoreboard. Then if we Some of them are already arriving. States of America. An arsenal of de- lose the competition, they say, what’s They are the reinforcements that are mocracy is pretty important to democ- the matter? Can’t you play football? necessary to execute this plan. Some racies. China is cheating on trade, Mr. 4,000 of them are going to al Anbar Today, if you want to look at a big Speaker, and the Chairman of the Fed- province where the Marines have re- part of the arsenal of democracy, you eral Reserve Board made that clear in quested them, and the balance are may have to go to some other coun- his preliminary speech which called going to the Baghdad operation and tries. One country you may have to go this manipulation of currency an ille- to is China, because China is cheating other operations, presumably in the gal subsidy. That word ‘‘subsidy’’ was on trade and China is acquiring hun- Sunni Triangle. subsequently removed from the speech This is a deployment of reinforce- dreds of billions of American dollars, before it was given to the Chinese lead- ments, and the idea that this body or more than we are acquiring from them, ership, but I can tell you, Mr. Speaker, any other body would attempt to cut and as the money piles up in China, that that illegal subsidy and that 17 off American reinforcements to a mili- they are using those billions of Amer- percent penalty that is given to Amer- tary which is already engaged in com- ican trade dollars to buy military ican trade goods and the 17 percent bat is unacceptable. I think it is un- equipment. subsidy that they give to their trade precedented. We have already made a That is why they are able to have goods as they are moved for export to vote to get into this operation. Right some 17 submarines under production now we have got troops engaged in today while we have a fraction of that. the United States, that 74 points on the combat. That is why they are able to buy and scoreboard hurts American businesses, When reinforcements are required, build medium-range ballistic missiles. it hurts American workers and it and you have troops engaged in com- I predict at some point, Mr. Speaker, erodes the arsenal of democracy. bat, it is incumbent upon us to make those ballistic missiles will have an Mr. Speaker, we are going to need sure that our policy, and our policy is anti-ship capability that will present a the arsenal of democracy at some point directed by the Commander in Chief, it major threat to the American fleet. in the future, and we need to have a is not directed by 435 Secretaries of That is why they are able to start de- trade policy and new trade laws that State, that is all the Members of Con- veloping a new industrial base for the say this: We are not going to live with gress becoming Secretaries of State in development of a modern tactical air- the 74-point disparity anymore, and the House and another 100 in the other craft program. you can do it the easy way or the hard body, it is not directed by 535 self-ap- So, Mr. Speaker, we see this one-way way. We can all start with zero points pointed Secretaries of Defense. It is di- street on trade beginning to move the on the scoreboard, or we will put the rected by the Commander in Chief who arsenal of democracy offshore. I can same taxes on your goods that you put was elected by all the people to lead tell you in the past year on the Armed on ours, and we will both start with 74 the militaries of this country. In con- Services Committee I have looked at points on the scoreboard. But we are sultation with our military leadership, certain critical components of the ar- not going to start anymore with the he has done that. The troops are now senal of democracy, and I note that we score being America zero, China 74. moving. We need to get behind them. only have one carbon fiber manufac- So, Mr. Speaker, I hope this is a year That leads me to another issue, and turer left in the United States, and we in which we pass a bill that calls the that is I talked a little bit about that only have, according to our research, currency manipulation and devaluation American sunrise and how it shines one rocket fuel manufacturer left in by the central government of China first on these stars of David and the United States. what it is, which is an illegal subsidy. crosses at Arlington Cemetery, and As we look at more and more of the Let me move on to another issue, Mr. then it moves across this country, industries that are critical to national Speaker, because as that American takes about 3 hours to get to my home- security, we realize that in many of sunrise that lit up the Arlington Ceme- town in San Diego and Fort Rosecrans them we only have one or two or three tery at 7:24 a.m. this morning moves Cemetery there on the edge of the Pa- businesses or companies that are left across the United States, about 2 hours cific Ocean. that are capable of making particular after that, it reaches the Southwest components that are critical to Amer- border of America. It shines on what I b 2300 ica’s military strength. call the thin green line. That is the few Mr. Speaker, in the Midwest it flows Mr. Speaker, it is time to change and thousand American Border Patrol men over lots and lots of old factories and reverse this one-way street trade pol- and women who defend the borders of

VerDate Aug 31 2005 05:43 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.089 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H568 CONGRESSIONAL RECORD — HOUSE January 16, 2007 the United States. They have got a a couple of months ago mandates the to incarcerate for a year. That means 2,000-mile border to defend, Mr. Speak- extension of that fence, the San Diego that each year we spend around $3 bil- er, all the way from San Diego, Cali- fence, 854 miles across the deserts of lion in cash money out of our Treasury fornia, to Brownsville, Texas, and we Arizona, New Mexico and Texas. to incarcerate the people that come owe it to them to use the best of our Mr. Speaker, I drafted that bill, that across this unfenced section of the technology and the best of our re- fence provision that was in the bill southern border of the United States. sources to make sure that that border that was offered by Homeland Secu- We would save enough money in one is defendable. rity, and the first big section that I put year on incarceration a loan to build Now, we asked one of our great think in was the section between Calexico, the entire fence. Let’s build it, Mr. tanks, the Sandia Laboratory, in fact, California, and Douglas, Arizona. That Speaker. that is one of the laboratories that is is about 392 miles. That is the number f full of scientists who design our nu- one smugglers’ corridor, now that we clear weapons, design the warheads, we have closed the San Diego-Tijuana cor- LEAVE OF ABSENCE asked them once to solve a problem for ridor by fencing it. By unanimous consent, leave of ab- us. We said, what is a good way for us That 392-mile section is a section sence was granted to: to stop drugs from coming across the through which massive amounts of peo- Mr. ADERHOLT (at the request of Mr. border from the south? ple and narcotics are being smuggled. BOEHNER) for today and January 17 on They thought about it for a while and The Department of Homeland Security account of a death in the family. came back and gave us a report, and has a mandate. In fact, when we wrote Mr. BUYER (at the request of Mr. the report said we are going to show that law, I put in the word ‘‘shall.’’ BOEHNER) for today and the balance of you something that is not too com- ‘‘Shall’’ means that this is not an op- the week on account of medical rea- plicated. How about a fence? In fact, tion, it is not a goal, it is not some- sons. how about a triple fence, which will thing that would be nice to have if you Mr. CALVERT (at the request of Mr. slow down the smugglers enough so could do it. It is a mandate to the Fed- BOEHNER) for today and the balance of that your Border Patrolmen can catch eral Government to build that fence. the week on account of personal rea- them, which gives you a fighting There is available now appropriated sons. chance to halt people that would come and ready to go in the bank, so-to- Ms. PRYCE of Ohio (at the request of across illegally? speak, $1.2 billion. That may not build Mr. BOEHNER) for today on account of Now, this fence, in fact we call it the the entire 854 miles of fence, but it attending a funeral in her district. Sandia Fence because the Sandia Na- gives you an awfully good big piece of Mr. SULLIVAN (at the request of Mr. tional Laboratory designed it, is pretty it. BOEHNER) for today on account of per- simple. It consists of a steel fence. It is Something we found out about the sonal reasons. right on the border. Then you have a San Diego fence was after we had built f Border Patrol road that is about 50- even a third of the San Diego fence, be- foot wide, and then you have about a cause we channelized the smugglers, SPECIAL ORDERS GRANTED 15-foot high fence with an overhang, especially the drug trucks and they By unanimous consent, permission to and then another Border Patrol fence, had fewer places to go, we were able to address the House, following the legis- and then another fence that is a short- concentrate our border agents in those lative program and any special orders er fence. Three fences. channelized openings that were still heretofore entered, was granted to: We built that when Republicans took unfenced and we caught lots of them, (The following Members (at the re- control of this body in 1994 in San and our interdiction rate went way up, quest of Ms. WOOLSEY) to revise and ex- Diego. I can remember, because I draft- even before we completed the fence. tend their remarks and include extra- ed that language that went into the So, Mr. Speaker, there is nothing so neous material:) immigration bill that provided for that compelling in this country as an idea Mr. GEORGE MILLER of California, for fence. Mr. Speaker, when we built that that the people support which has been 5 minutes, today. fence, and we said it had to be built, passed by both Houses of Congress and Mr. PALLONE, for 5 minutes, today. the Clinton administration did not signed by the President and represents Mr. MCDERMOTT, for 5 minutes, want to build it, and President Clin- a law that came right from the heart- today. ton’s own INS representatives fought land of this great country and which Ms. WOOLSEY, for 5 minutes, today. the fence. But they had to build it, be- needs to be executed. Mr. FALEOMAVAEGA, for 5 minutes, cause it was the law. The Department of Homeland Secu- today. They said, do we have to build all rity has the obligation of executing Mrs. MCCARTHY of New York, for 5 three layers of fence? We sat down with this law, and I look forward to working minutes, today. them and said, well, we will tell you with my colleagues, Democrat and Re- Mr. DEFAZIO, for 5 minutes, today. what; we will keep the three layers in publican, over the next several months Ms. NORTON, for 5 minutes, today. the law, but let’s build the first two, and making sure that this fence gets Mr. SESTAK, for 5 minutes, today. and if we don’t need the third layer, we started. We can start it concurrently in (The following Members (at the re- won’t make you build it. separate sections. You can have one quest of Mr. POE) to revise and extend Mr. Speaker, we haven’t needed the contractor build it from mile 1 to mile their remarks and include extraneous third layer, because that fence, the 14- 5, the next guy go from mile 5 to mile material:) mile fence in the San Diego sector, 10 and so on. We can immediately see a Mr. POE, for 5 minutes, today, Janu- once we built the first big piece of that, reduction in the amount of people and ary 17, 18, and 19. we knocked down the smuggling of peo- narcotics that are smuggled across this Mrs. BACHMANN, for 5 minutes, Janu- ple and narcotics by more than 90 per- border. ary 18. cent. We eliminated the drive-through Let me tell you why we have to build Mr. PAUL, for 5 minutes, today, Janu- drug trucks, we eliminated the 10 mur- this border fence, Mr. Speaker: Since 9/ ary 17, and 18. ders a year that were occurring on the 11, it has become clear that border se- (The following Members (at their own border by the border gangs, and we curity is no longer primarily an immi- request) to revise and extend their re- eliminated the border gangs, because gration issue. It is a national security marks and include extraneous mate- the border gangs needed to be able to issue. We have to know, very simply, rial:) move back and forth, north and south. who is coming into our country and Mr. KUCINICH, for 5 minutes, today. If they were pursued from the north, what they are bringing with them. Mr. DAVIS of Illinois, for 5 minutes, they would go south, if they were pur- You know something else? We have today. sued from the south, they would go got 250,000 criminal aliens right now in f north. We took away their mobility by our Federal penitentiaries and our building that fence. State and local prisons and jails, a ADJOURNMENT Mr. Speaker, that fence works. And quarter of a million criminal aliens. Mr. HUNTER. Mr. Speaker, I move the new law that President Bush signed They cost us as much as $50,000 apiece that the House do now adjourn.

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.090 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H569 The motion was agreed to; accord- Clarification Amendment Act of 2006,’’ pur- 234. A letter from the Chairman, Council of ingly (at 11 o’clock and 15 minutes suant to D.C. Code section 1-233(c)(1); to the the District of Columbia, transmitting a p.m.), the House adjourned until to- Committee on Oversight and Government copy of D.C. ACT 16-556, ‘‘Wisconsin Avenue Reform. Bridge Project and Noise Control Amend- morrow, Wednesday, January 17, 2007, 222. A letter from the Chairman, Council of ment Act of 2006,’’ pursuant to D.C. Code sec- at 10 a.m. the District of Columbia, transmitting a tion 1-233(c)(1); to the Committee on Over- f copy of D.C. ACT 16-559, ‘‘Closing of Public sight and Government Reform. 235. A letter from the Chief, Regulations EXECUTIVE COMMUNICATIONS, Alleys in Square 701, S.O. 06-9889, Act of 2006,’’ pursuant to D.C. Code section 1- and Administrative Law, USCG, Department ETC. 233(c)(1); to the Committee on Oversight and of Homeland Security, transmitting the De- Under clause 8 of rule XII, executive Government Reform. partment’s final rule — Safety Zone; Fire- communications were taken from the 223. A letter from the Chairman, Council of works Display Over Water; Barrets Point, Williamsburg, VA [CGD05-06-026] (RIN: 1625- Speaker’s table and referred as follows: the District of Columbia, transmitting a copy of D.C. ACT 16-557, ‘‘Surgical Assistant AA00) received December 21, 2006, pursuant 212. A letter from the Chairman, Council of Licensure Amendment Act of 2006,’’ pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the District of Columbia, transmitting a to D.C. Code section 1-233(c)(1); to the Com- Transportation and Infrastructure. copy of D.C. ACT 16-539, ‘‘Child Abuse and mittee on Oversight and Government Re- 236. A letter from the Chief, Regulations Neglect Investigation Record Access Tem- form. and Administrative Law, USCG, Department porary Amendment Act of 2006,’’ pursuant to 224. A letter from the Chairman, Council of of Homeland Security, transmitting the De- D.C. Code section 1-233(c)(1); to the Com- the District of Columbia, transmitting a partment’s final rule — Safety Zone: Cava- mittee on Oversight and Government Re- copy of D.C. ACT 16-551, ‘‘Licensed Health lier 4th of July Fireworks Display, Broad form. Professional Criminal Background Check Bay, Virginia Beach, VA [CGD05-06-019] (RIN: 213. A letter from the Chairman, Council of Amendment Act of 2006,’’ pursuant to D.C. 1625-AA00) received December 21, 2006, pursu- the District of Columbia, transmitting a Code section 1-233(c)(1); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee copy of D.C. ACT 16-540, ‘‘Department of Oversight and Government Reform. on Transportation and Infrastructure. Small and Local Business Development Sub- 225. A letter from the Chairman, Council of 237. A letter from the Chief, Regulations contracting Clarification Temporary Amend- the District of Columbia, transmitting a and Administrative Law, USCG, Department ment Act of 2006,’’ pursuant to D.C. Code sec- copy of D.C. ACT 16-550, ‘‘Physical Therapy of Homeland Security, transmitting the De- tion 1-233(c)(1); to the Committee on Over- Practice Amendment Act of 2006,’’ pursuant partment’s final rule — Safety Zone: York- sight and Government Reform. to D.C. Code section 1-233(c)(1); to the Com- town July Fourth Fireworks Celebration, 214. A letter from the Chairman, Council of mittee on Oversight and Government Re- York River, Yorktown, VA [CGD05-06-030] the District of Columbia, transmitting a form. (RIN: 1625-AA00) received December 21, 2006, copy of D.C. ACT 16-541, ‘‘Office and Commis- 226. A letter from the Chairman, Council of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sion on African Affairs Clarification Tem- the District of Columbia, transmitting a mittee on Transportation and Infrastruc- porary Amendment Act of 2006,’’ pursuant to copy of D.C. ACT 16-549, ‘‘Physical Therapy ture. 238. A letter from the Chief, Regulations D.C. Code section 1-233(c)(1); to the Com- Assistant Licensure Amendment Act of and Administrative Law, USCG, Department mittee on Oversight and Government Re- 2006,’’ pursuant to D.C. Code section 1- of Homeland Security, transmitting the De- form. 233(c)(1); to the Committee on Oversight and partment’s final rule — Safety Zone: Fire- 215. A letter from the Chairman, Council of Government Reform. works on the Bay Celebration, Chesapeake the District of Columbia, transmitting a 227. A letter from the Chairman, Council of Bay, Virginia Beach, VA [CGD05-06-054] (RIN: copy of D.C. ACT 16-542, ‘‘Operation Endur- the District of Columbia, transmitting a 1625-AA00) received December 21, 2006, pursuing Freedom and Operation Iraqi Freedom copy of D.C. ACT 16-548, ‘‘Audiology and ant to 5 U.S.C. 801(a)(1)(A); to the Committee Active Duty Pay Differential Extension Speech-Language Pathology Amendment on Transportation and Infrastructure. Temporary Amendment Act of 2006,’’ pursu- Act of 2006,’’ pursuant to D.C. Code section 1- ant to D.C. Code section 1-233(c)(1); to the 239. A letter from the Chief, Regulations 233(c)(1); to the Committee on Oversight and and Administrative Law, USCG, Department Committee on Oversight and Government Government Reform. Reform. of Homeland Security, transmitting the De- 228. A letter from the Chairman, Council of partment’s final rule — Safety Zone: Shore 216. A letter from the Chairman, Council of the District of Columbia, transmitting a the District of Columbia, transmitting a Thing & Independence Day Fireworks Dis- copy of D.C. ACT 16-547, ‘‘Consumer Edu- play, Chesapeake Bay, Norfolk, VA [CGD05- copy of D.C. ACT 16-543, ‘‘Commercial Excep- cation on Video and Computer Games for Mi- tion Clarification Temporary Amendment 06-027] (RIN: 1625-AA00) received December nors Act of 2006,’’ pursuant to D.C. Code sec- 21, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to Act of 2006,’’ pursuant to D.C. Code section 1- tion 1-233(c)(1); to the Committee on Over- the Committee on Transportation and Infra- 233(c)(1); to the Committee on Oversight and sight and Government Reform. structure. Government Reform. 229. A letter from the Chairman, Council of 240. A letter from the Chief, Regulations 217. A letter from the Chairman, Council of the District of Columbia, transmitting a and Administrative Law, USCG, Department the District of Columbia, transmitting a copy of D.C. ACT 16-558, ‘‘Closing of Public of Homeland Security, transmitting the De- copy of D.C. ACT 16-544, ‘‘Mayor and Chair- Alleys in Square 776, S.O. 06-9227, Act of partment’s final rule — Safety Zone: Stars in man of the Council Transition Revised Tem- 2006,’’ pursuant to D.C. Code section 1- the Sky Fireworks Celebration, James River, porary Amendment Act of 2006,’’ pursuant to 233(c)(1); to the Committee on Oversight and Newport News, VA [CGD05-06-048] (RIN: 1625- D.C. Code section 1-233(c)(1); to the Com- Government Reform. AA00) received December 21, 2006, pursuant mittee on Oversight and Government Re- 230. A letter from the Chairman, Council of to 5 U.S.C. 801(a)(1)(A); to the Committee on form. the District of Columbia, transmitting a Transportation and Infrastructure. 218. A letter from the Chairman, Council of copy of D.C. ACT 16-552, ‘‘Metropolitan Po- 241. A letter from the Chief, Regulations the District of Columbia, transmitting a lice Department Amendment Act of 2006,’’ and Administrative Law, USCG, Department copy of D.C. ACT 16-545, ‘‘Comprehensive pursuant to D.C. Code section 1-233(c)(1); to of Homeland Security, transmitting the De- Psychiatric Emergency Program Long-Term the Committee on Oversight and Govern- partment’s final rule — Safety Zone; Elberta Ground Lease Temporary Act of 2006,’’ pursu- ment Reform. Solstice Festival Fireworks, Betsie Bay, ant to D.C. Code section 1-233(c)(1); to the 231. A letter from the Chairman, Council of Lake Michigan, Elberta, Michigan [CGD09- Committee on Oversight and Government the District of Columbia, transmitting a 06-066] (RIN: 1625-AA00) received December Reform. copy of D.C. ACT 16-553, ‘‘Personal Mobility 21, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to 219. A letter from the Chairman, Council of Device Amendment Act of 2006,’’ pursuant to the Committee on Transportation and Infra- the District of Columbia, transmitting a D.C. Code section 1-233(c)(1); to the Com- structure. copy of D.C. ACT 16-537, ‘‘General Obligation mittee on Oversight and Government Re- 242. A letter from the Chief, Regulations Bonds and Bond Anticipation Notes for Fis- form. and Administrative Law, USCG, Department cal Years 2007-2012 Authorization Act of 232. A letter from the Chairman, Council of of Homeland Security, transmitting the De- 2006,’’ pursuant to D.C. Code section 1- the District of Columbia, transmitting a partment’s final rule — Safety Zone; Great 233(c)(1); to the Committee on Oversight and copy of D.C. ACT 16-554, ‘‘District Depart- Lakes Wind Fest, Lake Michigan, Grand Government Reform. ment of Transportation DC Circulator Haven, Michigan [CGD09-06-065] (RIN: 1625- 220. A letter from the Chairman, Council of Amendment Act of 2006,’’ pursuant to D.C. AA00) received December 21, 2006, pursuant the District of Columbia, transmitting a Code section 1-233(c)(1); to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on copy of D.C. ACT 16-536, ‘‘Organ and Bone Oversight and Government Reform. Transportation and Infrastructure. Marrow Donor Act of 2006,’’ pursuant to D.C. 233. A letter from the Chairman, Council of 243. A letter from the Chief, Regulations Code section 1-233(c)(1); to the Committee on the District of Columbia, transmitting a and Administrative Law, USCG, Department Oversight and Government Reform. copy of D.C. ACT 16-555, ‘‘Square 2910 Resi- of Homeland Security, transmitting the De- 221. A letter from the Chairman, Council of dential Development Stimulus Act of 2006,’’ partment’s final rule — Safety Zone; Coro- the District of Columbia, transmitting a pursuant to D.C. Code section 1-233(c)(1); to nado Bridge, San Diego Bay, CA [COTP San copy of D.C. ACT 16-546, ‘‘Good Samaritan the Committee on Oversight and Govern- Diego 06-074] (RIN: 1625-AA00) received De- Use of Automated External Defibrillators ment Reform. cember 21, 2006, pursuant to 5 U.S.C.

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JA7.095 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE H570 CONGRESSIONAL RECORD — HOUSE January 16, 2007 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- Port Huron Tall Ships, St. Clair River, Port tation and Infrastructure. partment’s final rule — Safety Zone; Neches Huron, MI [CGD09-06-152] (RIN: 1625-AA00) re- 244. A letter from the Chief, Regulations River, Sabine-Neches Canal, Port Arthur, TX ceived December 21, 2006, pursuant to 5 and Administrative Law, USCG, Department [COTP Port Arthur-06-008] (RIN: 1625-AA00) U.S.C. 801(a)(1)(A); to the Committee on of Homeland Security, transmitting the De- received December 21, 2006, pursuant to 5 Transportation and Infrastructure. partment’s final rule — Safety Zone; Ardent U.S.C. 801(a)(1)(A); to the Committee on 263. A letter from the Chief, Regulations Sentry 2006, Casco Bay & Portland Harbor, Transportation and Infrastructure. and Administrative Law, USCG, Department Northern New England, Captain of the Port 254. A letter from the Chief, Regulations of Homeland Security, transmitting the De- Zone [CGD01-06-049] (RIN: 1625-AA00) re- and Administrative Law, USCG, Department partment’s final rule — Safety Zone; Beaver ceived December 21, 2006, pursuant to 5 of Homeland Security, transmitting the De- Inlet, Wide Bay, Unalaska Island, AK [COTP U.S.C. 801(a)(1)(A); to the Committee on partment’s final rule — Safety Zone; Western Alaska-06-003] (RIN: 1625-AA00) re- Transportation and Infrastructure. Kanawha River Miles 59.5 tp 62.0, Charleston, ceived December 21, 2006, pursuant to 5 245. A letter from the Chief, Regulations West Virginia [MSU Huntington-06-002] (RIN: U.S.C. 801(a)(1)(A); to the Committee on and Administrative Law, USCG, Department 1625-AA00) received December 21, 2006, pursu- Transportation and Infrastructure. of Homeland Security, transmitting the De- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 264. A letter from the Chief, Regulations partment’s final rule — Safety Zone; Sabine- on Transportation and Infrastructure. and Administrative Law, USCG, Department Neches Canal, Sabine River, Orange, TX 255. A letter from the Chief, Regulations of Homeland Security, transmitting the De- [COTP Port Arthur-05-024] (RIN: 1625-AA00) and Administrative Law, USCG, Department partment’s final rule — Safety Zone; Poto- received December 21, 2006, pursuant to 5 of Homeland Security, transmitting the De- mac River, Alexandria Channel, DC [CGD05- U.S.C. 801(a)(1)(A); to the Committee on partment’s final rule — Safety Zone; Upper 06-088] (RIN: 1625-AA00) received December Transportation and Infrastructure. Mississippi River Mile Marker 194.0 to Mile 21, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to 246. A letter from the Chief, Regulations Marker 196.0, St. Louis, MO [COTP St. Louis- the Committee on Transportation and Infra- and Administrative Law, USCG, Department 06-003] (RIN: 1625-AA00) received December structure. of Homeland Security, transmitting the De- 21, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to 265. A letter from the Chief, Regulations partment’s final rule — Safety Zone; Gulf In- the Committee on Transportation and Infra- and Administrative Law, USCG, Department tracoastal Waterway Mile Marker 243, structure. of Homeland Security, transmitting the De- Hackberry, LA [COTP Port Arthur-06-014] 256. A letter from the Chief, Regulations partment’s final rule — Safety Zone; Olym- (RIN: 1625-AA00) received December 21, 2006, and Administrative Law, USCG, Department pia Harbor Days Tugboat Race, Budd Inlet, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Homeland Security, transmitting the De- Olympia, Washington [CGD13-06-043] (RIN: mittee on Transportation and Infrastruc- partment’s final rule — Safety Zone; 1625-AA00) received December 21, 2006, pursu- ture. Muskingum River Miles 0.5 to 1.5, Marietta, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 247. A letter from the Chief, Regulations OH [MSU Huntington-06-001] (RIN: 1625-AA00) on Transportation and Infrastructure. and Administrative Law, USCG, Department received December 21, 2006, pursuant to 5 266. A letter from the Chief, Regulations of Homeland Security, transmitting the De- U.S.C. 801(a)(1)(A); to the Committee on and Administrative Law, USCG, Department partment’s final rule — Safety Zone; City of Transportation and Infrastructure. of Homeland Security, transmitting the De- Alpena Fireworks Display, Thunder Bay, 257. A letter from the Chief, Regulations partment’s final rule — Captain of the Port Alpena, MI [CGD09-04-064] (RIN: 1625-AA00) and Administrative Law, USCG, Department Jacksonville Tropical Cyclone Safety Zone received December 21, 2006, pursuant to 5 of Homeland Security, transmitting the De- [COTP Jacksonville 06-180] (RIN: 1625-AA00) U.S.C. 801(a)(1)(A); to the Committee on partment’s final rule — Safety Zone; Cocoa received December 21, 2006, pursuant to 5 Transportation and Infrastructure. 4th of July Fireworks Display — Indian U.S.C. 801(a)(1)(A); to the Committee on 248. A letter from the Chief, Regulations River, Cocoa, FL [COTP Jacksonville 06-091] Transportation and Infrastructure. and Administrative Law, USCG, Department (RIN: 1625-AA00) received December 21, 2006, 267. A letter from the Chief, Regulations of Homeland Security, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Administrative Law, USCG, Department partment’s final rule — Safety Zone; Ten- mittee on Transportation and Infrastruc- of Homeland Security, transmitting the De- nessee River, Mile Markers 255.5 to 256.5, ture. partment’s final rule — Safety Zone; Gulf In- Florence, AL [COTP Ohio Valley-06-034] 258. A letter from the Chief, Regulations tracoastal Waterway MM158, Orange Beach, (RIN: 1625-AA00) received December 21, 2006, and Administrative Law, USCG, Department Alabama [COTP Mobile-05-048] (RIN: 1625- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Homeland Security, transmitting the De- AA00) received December 21, 2006, pursuant mittee on Transportation and Infrastruc- partment’s final rule — Safety Zone; to 5 U.S.C. 801(a)(1)(A); to the Committee on ture. Fernandina 4th of July Fireworks Display — Transportation and Infrastructure. 249. A letter from the Chief, Regulations Amelia River, Fernandina Beach, FL [COTP 268. A letter from the Chief, Regulations and Administrative Law, USCG, Department Jacksonville 06-093] (RIN: 1625-AA00) received and Administrative Law, USCG, Department of Homeland Security, transmitting the De- December 21, 2006, pursuant to 5 U.S.C. of Homeland Security, transmitting the De- partment’s final rule — Safety Zone; Sabine 801(a)(1)(A); to the Committee on Transpor- partment’s final rule — Safety Zone; Sabine- River, Port Arthur, TX [COTP Port Arthur- tation and Infrastructure. Neches Canal, Sabine River, Orange, TX 06-005] (RIN: 1625-AA00) received December 259. A letter from the Chief, Regulations [COTP Port Arthur-05-023] (RIN: 1625-AA00) 21, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to and Administrative Law, USCG, Department received December 21, 2006, pursuant to 5 the Committee on Transportation and Infra- of Homeland Security, transmitting the De- U.S.C. 801(a)(1)(A); to the Committee on structure. partment’s final rule — Safety Zone; Ten- Transportation and Infrastructure. 250. A letter from the Chief, Regulations nessee River, Mile Marker 464.0 to 466.0, 269. A letter from the Chief, Regulations and Administrative Law, USCG, Department Chattanooga, TN [COTP Ohio Valley-06-042] and Administrative Law, USCG, Department of Homeland Security, transmitting the De- (RIN: 1625-AA00) received December 21, 2006, of Homeland Security, transmitting the De- partment’s final rule — Safety Zone; Sabine pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule — Safety Zone; River, Orange, TX [COTP Port Arthur-06-004] mittee on Transportation and Infrastruc- Polishfest Fireworks, Milwaukee Harbor, (RIN: 1625-AA00) received December 21, 2006, ture. Wisconsin [CGD09-06-073] (RIN: 1625-AA00) re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 260. A letter from the Chief, Regulations ceived December 21, 2006, pursuant to 5 mittee on Transportation and Infrastruc- and Administrative Law, USCG, Department U.S.C. 801(a)(1)(A); to the Committee on ture. of Homeland Security, transmitting the De- Transportation and Infrastructure. 251. A letter from the Chief, Regulations partment’s final rule — Safety Zone; Cum- 270. A letter from the Chief, Regulations and Administrative Law, USCG, Department berland River, Mile Markers 101.5 to 102.5, and Administrative Law, USCG, Department of Homeland Security, transmitting the De- Cumberland City, TN [COTP Ohio Valley-06- of Homeland Security, transmitting the De- partment’s final rule — Safety Zone; Sabine 036] (RIN: 1625-AA00) received December 21, partment’s final rule — Safety Zone; Greater River, Port Arthur, TX [COTP Port Arthur- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the North Michigan Avenue Association’s Gar- 06-003] (RIN: 1625-AA00) received December Committee on Transportation and Infra- dens of the Magnificent Mile Fireworks Dis- 21, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to structure. play, Chicago River, Chicago, IL [CGD09-06- the Committee on Transportation and Infra- 261. A letter from the Chief, Regulations 069] (RIN: 1625-AA00) received December 21, structure. and Administrative Law, USCG, Department 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 252. A letter from the Chief, Regulations of Homeland Security, transmitting the De- Committee on Transportation and Infra- and Administrative Law, USCG, Department partment’s final rule — Safety Zone; Fort structure. of Homeland Security, transmitting the De- McHenry Channel, Port of Baltimore, MD 271. A letter from the Chief, Regulations partment’s final rule — Safety Zone; Illinois [CGD05-06-084] (RIN: 1625-AA00) received De- and Administrative Law, USCG, Department River Mile Marker 157.7 to Mile Marker 163.0, cember 21, 2006, pursuant to 5 U.S.C. of Homeland Security, transmitting the De- Peoria, IL [COTP St. Louis-06-004] (RIN: 1625- 801(a)(1)(A); to the Committee on Transpor- partment’s final rule — Safety Zone; Live AA00) received December 21, 2006, pursuant tation and Infrastructure. Fire Gun Exercise, Lake Ontario [CGD09-06- to 5 U.S.C. 801(a)(1)(A); to the Committee on 262. A letter from the Chief, Regulations 130] (RIN: 1625-AA00) received December 21, Transportation and Infrastructure. and Administrative Law, USCG, Department 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 253. A letter from the Chief, Regulations of Homeland Security, transmitting the De- Committee on Transportation and Infra- and Administrative Law, USCG, Department partment’s final rule — Safety Zone; Sail structure.

VerDate Aug 31 2005 04:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\L16JA7.000 H16JAPT1 jcorcoran on PROD1PC62 with HOUSE January 16, 2007 CONGRESSIONAL RECORD — HOUSE H571 272. A letter from the Chief, Regulations Albuquerque, New Mexico, as the ‘‘Raymond each case for consideration of such provi- and Administrative Law, USCG, Department G. Murphy Department of Veterans Affairs sions as fall within the jurisdiction of the of Homeland Security, transmitting the De- Medical Center‘‘; to the Committee on Vet- committee concerned. partment’s final rule — Safety Zone: Camp erans’ Affairs. By Mr. DOOLITTLE: Rilea Offshore Small Arms Firing Range; By Mr. KILDEE (for himself and Mrs. H.R. 485. A bill to amend the Small Tracts Warrenton, Oregon [CGD 13-06-046] (RIN: CAPITO): Act to facilitate the exchange of small tracts 1625-AA00) received December 21, 2006, pursu- H.R. 475. A bill to revise the composition of of land, and for other purposes; to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee the House of Representatives Page Board to mittee on Natural Resources, and in addition on Transportation and Infrastructure. equalize the number of members rep- to the Committee on Agriculture, for a pe- 273. A letter from the Chief, Regulations resenting the majority and minority parties riod to be subsequently determined by the and Administrative Law, USCG, Department and to include a member representing the Speaker, in each case for consideration of of Homeland Security, transmitting the De- parents of pages and a member representing such provisions as fall within the jurisdic- partment’s final rule — Safety Zone: Camp former pages, and for other purposes; to the tion of the committee concerned. Rilea Offshore Small Arms Firing Range; Committee on House Administration. By Mr. GINGREY: Warrenton, Oregon [CGD 13-06-049] (RIN: By Mrs. BOYDA of Kansas: H.R. 486. A bill to amend the Federal Elec- 1625-AA00) received December 21, 2006, pursu- H.R. 476. A bill to amend title 5, United tion Campaign Act of 1971 to place restric- ant to 5 U.S.C. 801(a)(1)(A); to the Committee States Code, to make noncreditable for Fed- tions on the disposition of funds by leader- on Transportation and Infrastructure. eral retirement purposes any Member service ship PACs; to the Committee on House Ad- 274. A letter from the Chief, Regulations performed by an individual who is convicted ministration. and Administrative Law, USCG, Department of any of certain offenses committed by that By Ms. HERSETH: of Homeland Security, transmitting the De- individual while serving as a Member of Con- H.R. 487. A bill to amend the Cheyenne partment’s final rule — Safety Zone; Sabine gress, and for other purposes; to the Com- River Sioux Tribe Equitable Compensation Pass Channel and Port Arthur Ship Canal; mittee on House Administration, and in ad- Act to provide compensation to members of Port Arthur, TX [COTP Port Arthur-05-021] dition to the Committee on Oversight and the Cheyenne River Sioux Tribe for damage (RIN: 1625-AA00) received December 21, 2006, Government Reform, for a period to be sub- resulting from the Oahe Dam and Reservoir pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sequently determined by the Speaker, in Project, and for other purposes; to the Com- mittee on Transportation and Infrastruc- each case for consideration of such provi- mittee on Natural Resources. ture. sions as fall within the jurisdiction of the By Mr. HOLT: committee concerned. H.R. 488. A bill to amend title VI of the Na- f By Mrs. CAPPS (for herself and Mr. tional Security Act of 1947 to require reports REPORTS OF COMMITTEES ON PICKERING): to be submitted to the Attorney General and PUBLIC BILLS AND RESOLUTIONS H.R. 477. A bill to amend the Public Health the congressional intelligence committees Service Act to strengthen education, preven- regarding requests for information about an Under clause 2 of rule XIII, reports of tion, and treatment programs relating to officer, employee, or agent of an element of committees were delivered to the Clerk stroke, and for other purposes; to the Com- the intelligence community and to amend for printing and reference to the proper mittee on Energy and Commerce. the definition of covert agent to include calendar, as follows: By Mr. CHANDLER (for himself and agents that have served outside the United Mr. ROGERS of Kentucky): States at any time; to the Committee on In- Ms. MATSUI: Committee on Rules. House H.R. 478. A bill to designate the Federal telligence (Permanent Select). Resolution 65. Resolution providing for con- building and United States courthouse lo- By Mr. MCHENRY: sideration of the bill (H.R. 5) to amend the cated at 101 Barr Street in Lexington, Ken- H.R. 489. A bill to establish a commission Higher Education Act of 1965 to reduce inter- tucky, as the ‘‘Scott Reed Federal Building to develop legislation designed to reform en- est rates for student borrowers (Rept. 110–1). and United States Courthouse‘‘; to the Com- titlement benefit programs and ensure a Referred to the House Calendar. mittee on Transportation and Infrastruc- sound fiscal future for the United States, and Mr. MCGOVERN: Committee on Rules. ture. for other purposes; to the Committee on the House Resolution 66. Resolution providing By Mr. DOOLITTLE: Budget, and in addition to the Committee on for consideration of the bill (H.R. 6) to re- H.R. 479. A bill to direct the Federal Trade Rules, for a period to be subsequently deter- duce our Nation’s dependency on foreign oil Commission to revise the do-not-call tele- mined by the Speaker, in each case for con- by investing in clean, renewable and alter- marketing rules to permit individuals to opt sideration of such provisions as fall within native energy resources, promoting new out of receiving certain politically-oriented the jurisdiction of the committee concerned. emerging energy alternatives, developing telephone calls; to the Committee on Energy By Mr. MCNULTY: greater efficiency, and creating a Strategic and Commerce. H.R. 490. A bill to provide certain require- Energy Efficiency and Renewables Reserve By Mr. DOOLITTLE: ments for hydroelectric projects on the Mo- to invest in alternative energy, and for other H.R. 480. A bill to amend the Truth in hawk River in the State of New York, and purposes (Rept. 110–2). Referred to the House Lending Act to prohibit issuance of residen- for other purposes; to the Committee on En- Calendar. tial mortgages to any individual who lacks a ergy and Commerce. f Social Security account number; to the Com- By Mr. MOORE of Kansas (for himself mittee on Financial Services. and Mr. MORAN of Kansas): PUBLIC BILLS AND RESOLUTIONS By Mr. DOOLITTLE: H.R. 491. A bill to provide for the manda- Under clause 2 of rule XII, public H.R. 481. A bill to amend the Help America tory revocation of passports of individuals bills and resolutions were introduced Vote Act of 2002 to require each individual who are more than $5,000 in arrears in child support payments; to the Committee on and severally referred, as follows: who desires to vote in an election for Federal office to provide the appropriate election of- Ways and Means, and in addition to the Com- By Mr. MCKEON (for himself, Mr. KEL- ficial with a government-issued photo identi- mittee on Foreign Affairs, for a period to be LER, Mr. CASTLE, and Mr. BAKER): fication, and for other purposes; to the Com- subsequently determined by the Speaker, in H.R. 472. A bill to amend the Higher Edu- mittee on House Administration. each case for consideration of such provi- cation Act of 1965 to address the issues of By Mr. DOOLITTLE: sions as fall within the jurisdiction of the college affordability and transparency; to H.R. 482. A bill to direct the Secretary of committee concerned. the Committee on Education and Labor. the Interior to transfer ownership of the By Mr. ROHRABACHER: By Mr. WOLF (for himself, Mr. TIBERI, American River Pump Station Project, and H.R. 492. A bill to restore the Federal elec- Mr. COBLE, Mrs. MYRICK, and Mr. for other purposes; to the Committee on Nat- toral rights of the residents of the District of CULBERSON): ural Resources. Columbia, and for other purposes; to the H.R. 473. A bill to establish a commission By Mr. DOOLITTLE: Committee on House Administration, and in to develop legislation designed to reform tax H.R. 483. A bill to authorize the Secretary addition to the Committees on Oversight and policy and entitlement benefit programs and of Agriculture to carry out certain land ex- Government Reform, and the Judiciary, for a ensure a sound fiscal future for the United changes involving small parcels of National period to be subsequently determined by the States, and for other purposes; to the Com- Forest System land in the Tahoe National Speaker, in each case for consideration of mittee on the Budget, and in addition to the Forest in the State of California, and for such provisions as fall within the jurisdic- Committee on Rules, for a period to be sub- other purposes; to the Committee on Natural tion of the committee concerned. sequently determined by the Speaker, in Resources. By Ms. SLAUGHTER (for herself, Mrs. each case for consideration of such provi- By Mr. DOOLITTLE: BIGGERT, Ms. ESHOO, Mr. WALDEN of sions as fall within the jurisdiction of the H.R. 484. A bill to amend the Federal Elec- Oregon, Mr. GEORGE MILLER of Cali- committee concerned. tion Campaign Act of 1971 to reform the fi- fornia, Mr. DINGELL, Mr. RANGEL, Mr. By Mrs. WILSON of New Mexico (for nancing of campaigns for election for Fed- ACKERMAN, Mr. ALEXANDER, Mr. herself, Mr. UDALL of New Mexico, eral office; to the Committee on House Ad- ALLEN, Mr. BACHUS, Mr. BAKER, Ms. and Mr. PEARCE): ministration, and in addition to the Com- BALDWIN, Mr. BARTLETT of Maryland, H.R. 474. A bill to designate the Depart- mittee on Ways and Means, for a period to be Mr. BILIRAKIS, Mrs. BLACKBURN, Mr. ment of Veterans Affairs Medical Center in subsequently determined by the Speaker, in BLUMENAUER, Mrs. BONO, Mr.

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BOUSTANY, Mr. BROWN of South Caro- Deschutes County, Oregon; to the Committee a period to be subsequently determined by lina, Ms. GINNY BROWN-WAITE of Flor- on Natural Resources. the Speaker, in each case for consideration ida, Mr. BURTON of Indiana, Mr. CAL- By Mr. WILSON of South Carolina (for of such provisions as fall within the jurisdic- VERT, Mrs. CAPITO, Mrs. CAPPS, Mr. himself, Mr. BROWN of South Caro- tion of the committee concerned. CAPUANO, Mr. CASTLE, Mr. CHABOT, lina, Mr. CLYBURN, Mr. INGLIS of By Ms. WOOLSEY (for herself, Mr. Mr. CHANDLER, Mr. COLE of Okla- South Carolina, Mr. SPRATT, and Mr. FARR, Mr. KUCINICH, Mr. GRIJALVA, homa, Mr. CONAWAY, Mr. CONYERS, BARRETT of South Carolina): Ms. SCHAKOWSKY, and Mr. STARK): Mrs. DAVIS of California, Mr. TOM H.R. 497. A bill to authorize the Marion H. Res. 68. A resolution recognizing the DAVIS of Virginia, Mr. DAVIS of Ken- Park Project, a committee of the Palmetto dangers posed by nuclear weapons and call- tucky, Ms. DEGETTE, Mr. DICKS, Mr. Conservation Foundation, to establish a ing on the President to engage in non- DOGGETT, Mrs. DRAKE, Mr. DUNCAN, commemorative work on Federal land in the proliferation strategies designed to elimi- Mr. EHLERS, Mr. EMANUEL, Mrs. District of Columbia, and its environs to nate these weapons of mass destrustion from EMERSON, Mr. ENGEL, Mr. ENGLISH of honor Brigadier General Francis Marion; to United States and worldwide arsenals; to the Pennsylvania, Mr. FARR, Mr. FER- the Committee on Natural Resources. Committee on Foreign Affairs, and in addi- GUSON, Mr. FRELINGHUYSEN, Mr. By Mr. WYNN: tion to the Committee on Armed Services, GALLEGLY, Mr. GERLACH, Mr. H.R. 498. A bill to amend the Internal Rev- for a period to be subsequently determined GILCHREST, Mr. GILLMOR, Mr. enue Code of 1986 to repeal the oil and gas by the Speaker, in each case for consider- GOHMERT, Ms. GRANGER, Mr. GENE tax subsidies enacted in the Energy Policy ation of such provisions as fall within the ju- GREEN of Texas, Mr. GRIJALVA, Mr. Act of 2005, and for other purposes; to the risdiction of the committee concerned. Committee on Ways and Means, and in addi- HALL of Texas, Mr. HASTINGS of f Washington, Mr. HERGER, Ms. tion to the Committees on Science and Tech- HERSETH, Mr. HINOJOSA, Ms. HIRONO, nology, Oversight and Government Reform, PRIVATE BILLS AND Mr. HOBSON, Mr. HOEKSTRA, Ms. and Energy and Commerce, for a period to be RESOLUTIONS HOOLEY, Mr. HUNTER, Mr. ISRAEL, Mr. subsequently determined by the Speaker, in JOHNSON of Illinois, Mr. JONES of each case for consideration of such provi- Under clause 3 of rule XII, private North Carolina, Mr. KANJORSKI, Mr. sions as fall within the jurisdiction of the bills and resolutions of the following KENNEDY, Mr. KILDEE, Mr. KING of committee concerned. titles were introduced and severally re- New York, Mr. KIRK, Mr. KUCINICH, By Mr. DEAL of Georgia (for himself, ferred, as follows: Mr. NORWOOD, Mr. GINGREY, Mr. Mr. KUHL of New York, Mr. LAHOOD, By Mr. HUNTER: PAUL, and Mr. BARTLETT of Mary- Mr. LATHAM, Mr. LEWIS of Kentucky, H.R. 499. A bill for the relief of Fouad land): Mr. LIPINSKI, Mr. LOBIONDO, Ms. ZOE Yousef Hakim Mansour and Saheir Gamil LOFGREN of California, Mr. LUCAS, H.R. 500. A bill to provide that pay for Members of Congress be reduced following Shaker Mansour; to the Committee on the Mrs. MALONEY of New York, Mr. Judiciary. MANZULLO, Mr. MARCHANT, Mr. any fiscal year in which there is a Federal deficit; to the Committee on House Adminis- By Mr. INSLEE: MCCAUL of Texas, Ms. MCCOLLUM of H.R. 501. A bill for the relief of Valerie Minnesota, Mr. MCCOTTER, Mr. tration, and in addition to the Committee on Oversight and Government Reform, for a pe- Plame Wilson; to the Committee on Intel- MCHUGH, Mr. MCNULTY, Mr. MICA, ligence (Permanent Select). Mr. MORAN of Virginia, Mrs. MYRICK, riod to be subsequently determined by the Mr. NEUGEBAUER, Mr. NORWOOD, Mr. Speaker, in each case for consideration of f such provisions as fall within the jurisdic- OLVER, Mr. PEARCE, Mr. PITTS, Mr. ADDITIONAL SPONSORS PLATTS, Mr. PORTER, Mr. PRICE of tion of the committee concerned. North Carolina, Ms. PRYCE of Ohio, By Ms. FOXX (for herself, Ms. HOOLEY, Under clause 7 of rule XII, sponsors Mr. PUTNAM, Mr. RAMSTAD, Mr. REG- Mr. MCHENRY, Mrs. MYRICK, Mr. were added to public bills and resolu- ULA, Mr. REICHERT, Mr. REYNOLDS, COBLE, Mr. MCCOTTER, Mr. SHUSTER, tions as follows: Mr. PETERSON of Pennsylvania, Mr. Mr. ROSKAM, Ms. ROS-LEHTINEN, Mr. H.R. 5: Mr. BISHOP of Georgia and Mr. PETRI, Mrs. MCMORRIS RODGERS, Mr. RYAN of Wisconsin, Mr. SAXTON, Ms. JOHNSON of Illinois. DEFAZIO, Mr. BLUMENAUER, and Mr. SCHAKOWSKY, Mr. SCHIFF, Mr. SES- H.R. 14: Mr. DAVIS of Kentucky, Mr. SIONS, Mr. SHAYS, Mr. SIMPSON, Ms. JONES of North Carolina): H.J. Res. 15. A joint resolution recognizing MCCOTTER, Mr. MARIO DIAZ-BALART of Flor- SOLIS, Mr. SOUDER, Mr. STARK, Mr. the contributions of the Christmas tree in- ida, and Mr. MCCAUL of Texas. THOMPSON of California, Mr. TIBERI, dustry to the United States economy; to the H.R. 16: Mr. GRIJALVA. Mr. TIERNEY, Mr. UDALL of New Mex- Committee on Agriculture. H.R. 65: Mr. WELDON of Florida, Mr. TAN- ico, Mr. UPTON, Mr. VAN HOLLEN, Mr. By Mr. DEFAZIO (for himself, Mr. NER, Mr. COSTA, Mr. MELANCON, Mr. WALSH of New York, Mr. WAMP, Ms. HOLT, Mr. PAYNE, Mr. ROTHMAN, Mr. ACKERMAN, Mr. LEVIN, Mr. DICKS, Mrs. WATSON, Mr. WAXMAN, Mr. WELLER, CUMMINGS, Mr. FARR, Ms. WOOLSEY, LOWEY, Ms. LEE, Ms. CARSON, Ms. ESHOO, Ms. Mr. WEXLER, Mr. WHITFIELD, Mr. Mr. DOGGETT, Ms. LEE, Mr. CONYERS, MCCOLLUM of Minnesota, Mr. FILNER, Mr. WICKER, Mr. WILSON of South Caro- Mr. STARK, Mr. KUCINICH, Ms. GONZALEZ, Mr. HONDA, and Mr. MICHAUD. lina, Mr. WOLF, Ms. WOOLSEY, Mr. CORRINE BROWN of Florida, Ms. H.R. 87: Mr. GERLACH, Mrs. DRAKE, Mr. YARMUTH, Mr. YOUNG of Florida, Mr. MCCOLLUM of Minnesota, Ms. DENT, Mr. PEARCE, Mr. KUHL of New York, CROWLEY, Mr. HOLT, Mr. JINDAL, Mr. HOOLEY, Mr. MCGOVERN, Mr. THOMP- Mrs. MCMORRIS RODGERS, Mr. FOSSELLA, and LATOURETTE, and Mr. TANCREDO): SON of California, Mr. BLUMENAUER, Mr. MANZULLO. H.R. 493. A bill to prohibit discrimination Mr. CAPUANO, and Mr. MURTHA): H.R. 92: Mr. KUHL of New York. on the basis of genetic information with re- H. Con. Res. 33. Concurrent resolution ex- H.R. 132: Mr. MCCOTTER. spect to health insurance and employment; pressing the sense of Congress that the H.R. 137: Mr. HARE, Mr. SALAZAR, and Ms. to the Committee on Education and Labor, President should not initiate military action BALDWIN. and in addition to the Committees on Energy against Iran without first obtaining author- H.R. 157: Mr. MORAN of Virginia. and Commerce, and Ways and Means, for a ization from Congress; to the Committee on H.R. 159: Mr. COHEN and Ms. WOOLSEY. period to be subsequently determined by the Foreign Affairs. H.R. 171: Mr. RANGEL. Speaker, in each case for consideration of By Mr. KIRK (for himself, Mrs. LOWEY, H.R. 180: Mr. PAYNE, Ms. CARSON, Mrs. such provisions as fall within the jurisdic- Mr. SHAYS, Mr. FRANKS of Arizona, DAVIS of California, Mr. STARK, Ms. tion of the committee concerned. Mr. WEINER, Ms. SCHWARTZ, Mr. WAX- SCHAKOWSKY, Ms. LINDA T. SA´ NCHEZ of Cali- By Mr. UPTON: MAN, Mr. GONZALEZ, and Ms. JACK- fornia, Mrs. MALONEY of New York, Mr. H.R. 494. A bill to provide for the condi- SON-LEE of Texas): BLUMENAUER, and Mr. RANGEL. tional conveyance of any interest retained H. Res. 64. A resolution expressing the H.R. 211: Mr. LEWIS of Georgia. by the United States in St. Joseph Memorial sense of the House of Representatives that H.R. 278: Mr. ROGERS of Kentucky, Mr. Hall in St. Joseph, Michigan; to the Com- the Government of Bangladesh should imme- PRICE of North Carolina, and Mr. JOHNSON of mittee on Transportation and Infrastruc- diately drop all pending charges against Illinois. ture. Bangladeshi journalist Salah Uddin Shoaib H.R. 312: Mr. BRADY of Texas, Mr. CARTER, By Mr. WALDEN of Oregon: Choudhury; to the Committee on Foreign Af- Mr. WESTMORELAND, Mr. SHADEGG, Mr. H.R. 495. A bill to update the management fairs. LAMBORN, Mr. RYAN of Wisconsin, Mr. of Oregon water resources, and for other pur- By Mr. DOOLITTLE: FORTUN˜ O, Mr. AKIN, Mrs. BACHMANN, Mr. poses; to the Committee on Natural Re- H. Res. 67. A resolution expressing the DANIEL E. LUNGREN of California, Mr. sources. sense of the House of Representatives with WELDON of Florida, Mr. KINGSTON, Ms. FOXX, By Mr. WALDEN of Oregon: respect to the designation of a National Mr. CUMMINGS, Mr. COHEN, Ms. JACKSON-LEE H.R. 496. A bill to authorize the Secretary Shaken Baby Syndrome Awareness Week, of Texas, and Mrs. MYRICK. of the Interior to assist in the planning, de- and for other purposes; to the Committee on H.R. 319: Mr. BOUCHER, Mr. HASTINGS of sign, and construction of the Tumalo Irriga- Energy and Commerce, and in addition to Florida, Mr. WYNN, Mr. SAXTON, Mr. SOUDER, tion District Water Conservation Project in the Committee on Education and Labor, for and Mr. POE.

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H.R. 322: Mr. HERGER. H.J. Res. 14: Mr. MURTHA, Mr. PAUL, Mr. H. Res. 41: Ms. HARMAN, Ms. WATSON, Mr. H.R. 330: Mr. BILIRAKIS. ABERCROMBIE, Mr. TAYLOR, Mr. MEEHAN, Mr. LEWIS of Georgia, Ms. SCHAKOWSKY, Ms. H.R. 346: Mrs. MYRICK and Mr. NEAL of Massachusetts, Mr. LARSON of Con- SOLIS, and Mr. LYNCH. NEUGEBAUER. necticut, Mr. GILCHREST, Mr. DEFAZIO, Mr. H. Res. 52: Mr. BURTON of Indiana, Mr. AN- H.R. 352: Ms. CARSON, Mr. AL GREEN of KUCINICH, and Mr. DUNCAN. DREWS, and Mr. SHERMAN. Texas, Ms. CORRINE BROWN of Florida, Mr. H. Con. Res. 5: Mr. CUMMINGS, Ms. H. Res. 61: Mr. BOEHNER, Mr. WEXLER, Mr. GRIJALVA, Ms. JACKSON-LEE of Texas, Mr. BORDALLO, Mr. SNYDER, Mr. JOHNSON of BERMAN, Ms. HIRONO, Mr. CONYERS, Ms. NOR- PAYNE, Mr. WYNN, Mr. SERRANO, Mr. Georgia, and Ms. WOOLSEY. TON, Mr. PALLONE, Mrs. TAUSCHER, and Mr. BUTTERFIELD, Mr. RUSH, Mr. MEEKS of New H. Con. Res. 7: Mrs. TAUSCHER, Mr. STARK, COHEN. York, Ms. WATSON, Mr. CONYERS, and Mr. and Ms. SCHAKOWSKY. TOWNS. H. Con. Res. 9: Ms. KILPATRICK, Mrs. H.R. 353: Mr. CONYERS. GILLIBRAND, and Ms. DELAURO. f H.R. 369: Mr. KUCINICH. H. Con. Res. 19: Ms. CARSON. H.R. 373: Mr. LAMBORN. H. Con. Res. 23: Ms. SCHAKOWSKY, Mr. DELETIONS OF SPONSORS FROM H.R. 374: Mr. LAMBORN. COHEN, and Mr. HONDA. H.R. 379: Mr. LAMBORN. H. Con. Res. 28: Mr. LANGEVIN. PUBLIC BILLS AND RESOLUTIONS H.R. 381: Mr. GALLEGLY and Ms. BERKLEY. H. Res. 24: Ms. MCCOLLUM of Minnesota. Under clause 7 of rule XII, sponsors H.R. 390: Ms. WOOLSEY, Mr. WOLF, and Mr. H. Res. 39: Mr. KLEIN of Florida, Mr. MIL- were deleted from public bills and reso- CLAY. LER of Florida, Mr. KELLER, Mr. CRENSHAW, H.R. 464: Mr. MCNULTY, Mr. CLAY, Mr. FIL- Mr. FEENEY, and Mr. WELDON of Florida. lutions as followes: NER, and Mr. SCOTT of Georgia. H. Res. 40: Mr. MILLER of Florida. H.R. 6: Mr. TANNER and Mr. GONZALEZ.

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Vol. 153 WASHINGTON, TUESDAY, JANUARY 16, 2007 No. 8 Senate The Senate met at 10 a.m. and was appoint the Honorable JAMES WEBB, a Sen- Thursday; otherwise, we will push on called to order by the Honorable JAMES ator from the State of Virginia, to perform until we finish this legislation. I hope WEBB, a Senator from the State of Vir- the duties of the Chair. we can do it Thursday or Friday, but if ginia. ROBERT C. BYRD, we have to be here over the weekend, President pro tempore. we are going to do it. We are going to PRAYER Mr. WEBB thereupon assumed the finish this legislation. If cloture is not The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. invoked, we will make a decision at fered the following prayer: f that time as to what we will do with Let us pray. the legislation. We have made a lot of Eternal Lord God, on yesterday, we RECOGNITION OF THE MAJORITY LEADER progress. There are still a lot of amend- remembered the life and legacy of Dr. ments out there floating around, and Martin Luther King, Jr. This morning, The ACTING PRESIDENT pro tem- we will have to see what the body we invite You to enter the gates of our pore. The majority leader is recog- wants to do with those. That will be hearts. Lord, come into our lives and nized. determined tonight with the cloture remove all false pride and disunity, re- f votes. placing them with humility and harmony. SCHEDULE f Reside with the Members of this leg- Mr. REID. Mr. President, the Senate islative body. Create within them a will begin a period of morning business RECOGNITION OF THE MINORITY hunger for holiness. May they dedicate until 1 p.m., with the first hour under LEADER their labors as a gift of love to You, the control of the Senator from Or- The ACTING PRESIDENT pro tem- consecrating even their thoughts for egon, Mr. WYDEN, the second hour pore. The Republican leader is recog- Your honor. Generate in their minds a under the control of the Republicans, nized. spirit of expectancy that the best is yet and the final hour equally divided and to be. Increase their joy and peace as controlled between the two leaders or f they experience the power of Your their designees, with Senators per- presence. COMPLETING ACTION ON S. 1 We pray in Your powerful Name. mitted to speak for up to 10 minutes Amen. each. Mr. MCCONNELL. Mr. President, I At 1 p.m., we will resume consider- say to my good friend, the majority f ation of the ethics legislation. Cloture leader, I share his view that we ought PLEDGE OF ALLEGIANCE was filed on amendment No. 4, the so- to wrap up this legislation this week. The Honorable JAMES WEBB led the called corporate jets amendment. Clo- We intend to cooperate toward that Pledge of Allegiance, as follows: ture was also filed on the substitute end. There are some additional amend- I pledge allegiance to the Flag of the amendment and the bill. First-degree ments over here on which we would United States of America, and to the Repub- amendments need to be filed at the hope we could get votes. But I, too, lic for which it stands, one nation under God, desk by 10:30 this morning, and any share the view that this legislation indivisible, with liberty and justice for all. second-degree amendments should be should be completed later this week. I f filed by 4:30 p.m. today. There will be will be talking with the majority lead- APPOINTMENT OF ACTING three votes starting at 5:30 today: the er about how to move toward that end. PRESIDENT PRO TEMPORE Durbin second-degree amendment regarding earmarks; the DeMint first-de- f The PRESIDING OFFICER. The gree amendment regarding earmarks, clerk will please read a communication as amended, if amended; and then the RESERVATION OF LEADER TIME to the Senate from the President pro cloture vote on Reid amendment No. 4. The ACTING PRESIDENT pro tem- tempore (Mr. BYRD). Members should plan their schedules pore. Under the previous order, the The assistant legislative clerk read accordingly and remember that rollcall leadership time is reserved. the following letter: votes are 15 minutes, with a 5-minute U.S. SENATE, grace period. f PRESIDENT PRO TEMPORE, We are going to finish this legislation Washington, DC, January 16, 2007. MORNING BUSINESS To the Senate: this week. If we finish it Thursday, we Under the provisions of rule I, paragraph 3, will be through Thursday. If the Re- The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby publican leader agrees, we will finish it pore. Under the previous order, the

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

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VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.000 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S530 CONGRESSIONAL RECORD — SENATE January 16, 2007 Senate will proceed to a period of My conclusion, after reviewing the the corner hardware store lack com- morning business until the hour of 1 numbers and expenditures for health pany health coverage and get nothing. p.m., with Senators permitted to speak care: America is spending enough With employer-sponsored health cov- therein for up to 10 minutes each and money on medical services; it is just erage, an individual worker is largely with the first hour under the control of not spending the money in the right in the dark about whether they have the Senator from Oregon, Mr. WYDEN, places. been overcharged for health care, and the second hour under the control of While the Senate has taken a pass on the Tax Code allows for a writeoff for the minority, and the final hour equal- fixing health care and redirecting wasteful spending. These Federal tax ly divided and controlled by the two misspent health dollars, several State policies that reward regressive prac- leaders or their designees. leaders have stepped forward. In my tices and inefficient health spending The Senator from Oregon. view, Arnold Schwarzenegger and Mitt are taking a large and growing toll. f Romney deserve substantial credit just For example, an increasing number for trying to lead on health care. I will of the uninsured work at small busi- HEALTH CARE discuss in a minute why I do not agree nesses, like the hardware store that Mr. WYDEN. Mr. President, for al- with their decision to continue the link fares so poorly under the Federal Tax most 13 years, it has been considered between health insurance and employ- Code. Because these small businesses politically dangerous to come to the ment, but Governors Schwarzenegger cannot afford health care for their floor of the Senate and describe a fresh and Romney deserve America’s thanks workers, these workers often ignore approach to fixing health care in Amer- for making it clear that they will not their illnesses until they can bear it no ica. I am going to do that this morning sit quietly by while Washington, DC, longer. Their next stop—the hospital because I do not believe it is morally slow-walks health care. emergency room, where the medical right for the Senate to duck on health As a member of the Senate Finance bills generated by the uninsured are care any longer. Committee, I intend to help State offi- often passed on to the insured and to During the Senate’s long absence, the cials obtain the special waivers in Fed- taxpayers. skyrocketing costs of health care have eral health programs they need to My next picture shows where we are hit American communities like a make Federal dollars in their States headed with the employer-based health wrecking ball. PricewaterhouseCoopers stretch further for health care. Having coverage. In an era where such cost estimates that health care premiums already stated that I believe enough shifting is widespread and some compa- will rise 11 percent this year, several money is being spent on medical serv- nies spend almost as much on health times the rate of inflation. In America, ices, I am especially interested in help- care as they make in profit, employer- with the world’s best doctors, nurses, ing the States make better use of their based health coverage is melting away hospitals, and other providers, many existing funds. As a result of the new similar to this popsicle on the summer with health coverage believe they are initiatives in California, Massachu- sidewalk in August. just one more rate hike away from los- setts, and other States, some in the If PricewaterhouseCoopers is right ing the coverage they have, and more Congress believe the next few years and health premiums rise another 11 than 40 million Americans have little should be spent watching how the percent this year, those with employer- or no coverage at all. States fare in their efforts. Meaning based coverage will face another round of big copayments for their health Just about all of us are baffled about well, these Congress people believe our care, more deductibles, and additional how to purchase the health care that is role in the Congress should primarily benefit reduction this year. Their best for us. In fact, it is easier to get be to ship more Federal money to the choice is likely to be worse coverage or information about the cost and quality States for their reforms and then pret- of washing machines than it is to get no coverage. ty much call it a day. Respectfully, I Recently, a woman in her fifties information about health care that can disagree. I believe there is no possible came to one of my town hall meetings mean life or death. I believe the com- way the States can fix health care be- in Oregon and said: bination of cost hikes, increases in cause the States did not create the chronic illness, our aging society, and I just hope my employer can keep offering major problems in American health health benefits and I can hang in there until the disadvantage American employers care. Who did? The Federal Govern- I get Medicare. face in global markets, where their ment, the big spender of health dollars I believe this Senate ought to act competitors spend little or nothing for in America, the architect of the poli- when hard-working Americans go to health, means our current health sys- cies now driving American health care bed at night worried about the prospect tem cannot be sustained. toward implosion. of losing their health coverage when Since health care has been poked and Here is how it happened. More than they get up in the morning. Now, you prodded for so many years, I believe it 60 years ago, with wage and price con- could argue that 60 years ago emis time for diagnosis and treatment. As trols in effect, our employers found ployer-based health coverage made usual, it makes sense to start with a that they could get good workers by sense. That was before U.S. employers look at the financial bottom line. Go giving them health care benefits. Em- faced determined global competition, there, and it sure looks as if we Ameri- ployer-based health coverage was born U.S. workers changed jobs seven or cans are spending enough money on and generously greased by the adoption eight times by the age of 35, and Amer- medical care. Last year, according to of Federal tax policies that make em- ican society became more mobile. It the Center for Medicare and Medicaid ployer-based health coverage a deduct- surely doesn’t make sense today. Services, Americans spent $2.2 trillion ible expense for employers and a tax- I believe you cannot fix American on health care. There are about 300 free benefit for workers. Soon most health care without changing our sys- million of us. You divide 300 million workers came to get their health cov- tem of employer-based health coverage into $2.2 trillion, and it would be pos- erage through their employer. It be- and the Federal tax breaks that lubri- sible to send every man, woman, and came the norm for talented workers to cate it. I believe you cannot fix Amer- child in America a check for more than quickly ask prospective employers: ican health care without changing the $7,000. Here is another way to look at Say, tell me about your health pack- incentives that drive our choices and it: For the money Americans spent on age. our behavior. Not a State in the Union health care last year, we could have Today, these Federal tax breaks total has the power to bring this about. We hired a group of skilled physicians, more than $200 billion annually. The in the Senate do. paid each one of them $200,000 to care cost, however, involves more than dol- In a few days, after some additional for seven families, and all Americans lars. These tax breaks go dispropor- consultation with colleagues, I will in- would have quality, affordable health tionately to the wealthiest in America troduce legislation that offers a fresh care. Whenever I mention those figures and subsidize inefficiency to boot. A and different approach to fixing health to a physicians group, it takes about 30 high-flying CEO at a major corporation care in America. I call the legislation seconds before a doctor stands up and can write off the cost of Cadillac health the Healthy Americans Act, and it is says: Ron, where do I go to get my coverage or even getting a designer based on four judgments about health seven families? smile for his face, while the folks at care I have made.

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.002 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S531 First, Democrats have been correct Act works. It starts by going where Ar- erage for millions of people, guaran- in saying that to fix health care every- nold Schwarzenegger and Mitt Romney teeing health benefits as good as their body must be covered. This concept, of would not. It cuts the link between Member of Congress gets, while saving course, is known as universal coverage. health insurance and employment alto- $4.5 billion in health spending in the Republicans, in my view, have been gether. Under the Healthy Americans first year. Money is saved by reducing correct in saying there must be more Act, businesses paying for employee the administrative costs of insurance, personal responsibility and personal in- health premiums are required to in- reducing cost shifting, and preventing volvement in making health care crease their workers’ paychecks by the those needless hospital emergency choices than there is today. amount they spent last year on their room visits. Also, there are substantial Second, there is a model for fixing health coverage. Federal tax law is incentives that come about because in- health care that every single Senator— changed to hold the worker harmless surance companies would have to com- every Member of Congress—knows for the extra compensation, and the pete for the business of consumers, who something about. It is the system that worker is required to purchase private would have a new incentive to hold serves Members of Congress and their coverage through an exchange in their down health costs, which I have al- families, offering the Members of this State that forces insurance companies ready described as the Virginian’s op- body high-quality, affordable, private to offer simplified, standardized cov- portunity to go fishing in Oregon. health coverage with lots of choice. erage, and prohibits them from engag- There are other parts of the Healthy Third, America doesn’t have health ing in price discrimination. Americans Act I wish to describe brief- care at all; it has sick care. For exam- Now, requiring employers to cash out ly. ple, Medicare Part A will write checks their health premiums, as I propose in As the name of the legislation sug- for thousands of dollars so that a sen- the Healthy Americans Act, is good for gests, I believe strongly that fixing ior can be treated in the hospital after both employers and workers. With American health care requires a new they have had a heart attack or a health premiums going up 11 percent ethic of health care prevention, a sharp stroke. Medicare Part B—the part of this year, employers are going to be new focus in keeping our citizens well, the program that covers outpatient glad to be exempt from these increases. and trying to keep them from falling services—provides no incentives for With the extra money in their pay- victim to skyrocketing rates of in- changing the behavior that led to the check, workers have a new incentive to crease in diabetes, heart attack, and chronic illness and landed the senior shop for their health care and hold strokes. citizen in the hospital. Certainly, it is down their cost. If a worker in Virginia Spending on these chronic illnesses is clear that preventing disease, not just can save a few hundred dollars on their soaring, and it is especially sad to see so many children and seniors fall vic- treating disease, must be a bigger part health care purchase, they can use that tim to these diseases. Yet, many Gov- of America’s health care future. money so that one of the constituents ernment programs and private insur- Fourth, in my view, you cannot fix of the Presiding Officer can be on their ance devote most of their attention to American health care if you hurt the way to Oregon to get in some sensa- treating Americans after they are ill middle class who have coverage in tional fishing. order to help those who do not. To fix In addition, the Healthy Americans and give short shrift to wellness. Under the Healthy Americans Act, American health care, you must prove Act is easy to administer and guaran- there will be for the first time signifi- that all Americans have the oppor- tees lifetime health security. Once you cant new incentives for all Americans tunity to get ahead, starting with their have signed up with a plan through an to stay healthy. They are voluntary in- exchange in the State in which you first paycheck under a new health care centives, but ones that I think will live, that is it; you have completed the plan—the Healthy Americans Act that make a real difference in building a na- administrative process. Even if you I have drafted and has been posed at tional new ethic of wellness and health my Web site at wyden.senate.gov. In- lose your job or you go bankrupt, you care prevention. cluded at this site is a written evalua- can never have your coverage taken Parents who enroll children in tion of the legislation, done by the away. Sign up, and the premium you wellness programs will be eligible for Lewin Group. The Lewin Group has pay for the plan and all of the adminis- discounts in their own premiums. In- been called the gold standard of health trative activities are handled through stead of mandating that parents take care actuarial data. the tax system. For those who cannot youngsters to various health pro- Their evaluation is clear. Under the afford private coverage, the Healthy grams—and maybe they do and maybe Healthy Americans Act, all Americans Americans Act subsidizes their pur- they don’t—the Healthy Americans Act can be guaranteed a lifetime of private chases. says when a parent takes a child to one health coverage, at least as good as Businesses that have not been able to of those wellness programs, the parent their Member of Congress receives, for afford health coverage for their work- would be eligible to get a discount on no more than our country spends on ers, under the new approach, will pay a the parent’s health premiums. health care today. In addition, fixing fee—one that is tiered to their size and Under the Healthy Americans Act, American health care can be done more revenue, with some paying as little as employers who financially support quickly than imagined—within 2 years 2 percent of the national average pre- health care prevention for their work- after a reform law is passed—and mium amount per worker for that ers get incentives for doing that as produce more than $4 billion in savings basic benefit package. Mike Roach, the well. Medicare is authorized to reduce in the first year, while expanding cov- owner of the 8-person Paloma clothing outpatient Part B premiums so as to erage. firm in Portland, OR, is a 30-year mem- reward seniors trying to reduce their The next chart is especially impor- ber of the National Federation of Inde- cholesterol, lose weight, or decrease tant because it shows that the Healthy pendent Businesses, and he was instru- the risk of stroke. It has never been Americans Act will slow the rate of mental in ensuring that this legisla- done before. For example, Part B of growth in health care spending by al- tion was small business friendly every Medicare, the outpatient part, doesn’t most $1.5 trillion over the next 10 step of the way. offer any incentives for older Ameri- years. The distinguished Presiding Offi- Mr. President, that is pretty much it, cans to change their behavior. Every- cer is an expert in foreign affairs and in terms of how the Healthy Americans body pays the same Medicare Part B our policy with Iraq. I am sure that as Act actually works. It will be easy to premium right now. The Healthy he looks at the chart, he can see that, administer, locally controlled, with Americans Act proposes we change according to the Lewin Group, the guaranteed coverage as good as your that and ensures that if a senior from amount of money that would be saved Member of Congress gets; and on top of Virginia or Oregon or elsewhere is in- in slowing the rate of growth in health it, there is a model for delivering it volved in a wellness program, in health care spending is several times—three- that the distinguished Presiding Offi- care prevention efforts, like smoking fold—the amount of money our country cer and everybody else in this body cessation, they could get a lower Part has spent on the war in Iraq. knows about. Page 12 of the Lewin re- B premium for doing that. Mr. President, it doesn’t take long to port on my Web site shows how the The preventive health efforts I have explain how the Healthy Americans Healthy Americans Act expands cov- described are promoted through new

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.004 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S532 CONGRESSIONAL RECORD — SENATE January 16, 2007 voluntary incentives under the Healthy doctors and other health care providers Under the Healthy Americans Act, that Americans Act, not heavy-handed man- to care for the poor. Those who are now would be the norm rather than the ex- dates. Under the Healthy Americans in underfunded programs, such as Med- ception. Act, there is no national nanny estab- icaid, are going to be able to have pri- In writing this legislation, I spent a lished under the legislation to watch vate insurance that pays doctors and lot of time looking back—looking back who is hitting the snack food bowl. other providers commercial rates literally over 60 years—since Harry What this legislation says is—let’s which are traditionally higher than Truman tried to fix health care in the make it more attractive for people to Medicaid reimbursement rates. 81st Congress in 1945. I tried to make stay healthy, to change their behav- Because low-income children and the sure, particularly, that the lessons of iors, to promote the kind of wellness disabled are so vulnerable, if Medicaid 1994 were ones the Senate would pick practices we all know about but some- provides benefits that are not included up on and make sure that the same how don’t seem to find time to actually in the kind of package Members of mistakes were not committed again. get done in our hectic schedules. Congress get, then those low-income For example, in 1994, the last time Finally, and most importantly, the folks would be entitled to get the addi- this Senate considered fixing health Healthy Americans Act does not harm tional benefits from the Medicaid pro- care, the principal piece of legislation those who have coverage in order to gram in their State. before the Senate was 1,369 pages long. help those who do nothing. The legisla- I am now going to explain how Medi- The Healthy Americans Act posted at tion makes clear that all Americans re- care is strengthened by the Healthy my Web site saves a lot of Oregon trees tain the right to purchase as much Americans Act. by coming in about 1,200 pages shorter. health care coverage as they want. All As the largest Federal health pro- In 1994, getting to universal coverage Americans will enjoy true health secu- gram, Medicare’s financial status is far was, in effect, put before securing the savings to responsibly finance an ex- rity with the Healthy Americans Act, a more fragile than Social Security. pansion of coverage. The Healthy lifetime guarantee of coverage at least Two-thirds of Medicare spending is now Americans Act, as noted in the Lewin as good as their Member of Congress devoted to about 5 percent of the elder- report, generates billions of dollars in receives. ly population. Those are the seniors savings in the first year as the legisla- Most American families will obtain with chronic illness and the seniors this coverage with either their pre- tion is implemented. who need compassionate end-of-life In 1994, the principal method of fi- miums reduced from what they pay health care. The Healthy Americans today or for less than a dollar a day nancing universal coverage was an em- Act strengthens Medicare for both sen- ployer mandate. The Healthy Ameri- more. That can all be seen in the Lewin iors and taxpayers in both of these chart as No. 10 at my Web site. In addi- cans Act requires no such employer areas. mandate, provides financial relief for tion, all Americans benefit from the re- In addition to reducing Medicare’s duced administrative costs the legisla- employers competing in tough global outpatient premiums for seniors who markets, and still ensures that every tion produces, the insurance reforms, adopt healthy lifestyles and reduce the and, of course, the new focus on pre- business takes some measure for fi- prospect of chronic illness, primary nancing health care in a way that is vention. care reimbursements for doctors and I am now going to explain briefly going to allow those businesses to be other providers get a boost under the how care for the poor is handled under competitive in tough global markets. Healthy Americans Act. Good primary the Healthy Americans Act and why In 1994, there was never a coalition of care for seniors also reduces the likeli- this is good for both low-income people employers, union leaders, and patient hood of chronic illness that goes and taxpayers. This is especially im- advocates behind a specific piece of leg- unmanaged. This reimbursement boost portant in light of a recent article in islation. Now, Andy Stern, president of the health policy journal, ‘‘Health Af- is sure to increase access to care for the 1.8 million-worker Service Employ- fairs.’’ seniors—and I see them all over, in Or- ees International Union; Steve Burd, This article points out that more egon and elsewhere—who are having CEO of Safeway with more than 200,000 than half of the Nation’s uninsured are difficulty finding doctors who will workers, patient advocates rep- ineligible for public programs such as treat them. resenting various points of view, and Medicaid, but do not have the money To better meet the needs of seniors employers of all sizes have joined be- to purchase coverage for themselves. suffering from multiple chronic ill- hind the Healthy Americans Act. At present, for most poor people to nesses, the Healthy Americans Act pro- There is also a moral question I receive health benefits, they have to go motes better coordination of their care would like the Senate to consider. out and try to squeeze themselves into by allowing a special management fee Given what I have just outlined, how one of the categories that entitles to providers who better assist seniors can this Senate justify denying all them to care. So what we have, Mr. with these especially important serv- Americans health care coverage as President, in Virginia, in Oregon, and ices. good as Members of Congress receive? elsewhere, is citizens trying to crunch Hospice law is changed so that sen- The Lewin report proves it can be themselves into one of these boxes, one iors who are terminally ill do not have done—proves it can be done without of these categories that might make to give up care that allows them to spending more money than the country them eligible for health care in Vir- treat their illness in order to get hos- spends now and, in fact, can be done ginia or Oregon. pice. In addition, the Healthy Ameri- saving more than $4 billion in the very As former Oregon Gov. John cans Act empowers all our citizens first year. Kitzhaber has noted, there are more wishing to make their own end-of-life There is a model for putting reforms than 20 different categories of Med- care decisions. in place: the system enjoyed by all the icaid. Administrating all of this takes The legislation requires hospitals and Senators serving in this body today. funds, in my view, that ought to be other facilities to give patients the Fixing health care under the Healthy spent caring for poor folks in America. choice of stating in writing how they Americans Act will reduce administra- Under the Healthy Americans Act, would want their doctor and other tive hassle and expense and allow all low-income people will receive private health care providers to handle various our citizens finally—finally—to go to health coverage, coverage that is as end-of-life care decisions. bed at night without fear of losing es- good as a Member of Congress gets, The tragic case of the late Terri sential medical care. automatically. Like everyone else, Schiavo came before the Senate before I want 2007 to be the year when the they will sign up through the exchange the distinguished Presiding Officer of Senate, as well as the various State in their State. When they are working, the Senate had joined this body, but I governments, step up on health care. the premiums they owe are withheld was particularly struck during that de- The States deserve our support, but from their paycheck. If they lose their bate and afterwards how strongly the they cannot possibly remedy the job, there is an automatic adjustment American people feel about making health problems created by Federal in their withholding. sure that the patient and not Govern- leaders in this city more than 60 years In addition, under the Healthy Amer- ment gets to drive all of the decisions ago. The Senate can provide this rem- icans Act, it will be more attractive for surrounding their end-of-life care. edy. Here on this floor, the Senate can

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.005 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S533 acknowledge that the employer-based Act. I know colleagues in this body eral days on the floor. In fact, I think system of health coverage that worked have other ideas. 4 days last week I did. I talked about back in 1945 no longer makes sense for I would like to wrap up by simply the Medicare prescription drug benefit 2007. We can acknowledge, as I have saying I think health care has been and the so-called prohibition on Gov- done today, that I think Democrats are studied enough. It has been commis- ernment negotiation with drugmakers right about making sure that every- sioned. It has been blue-ribboned. It for low prices. I spent time doing that body gets covered and Republicans are has been the subject of white papers, because people need to understand that right about promoting personal respon- blue papers, pink papers, papers of some proposals could have drastic con- sibility and more personal involvement every possible description. It is time sequences, not only for Medicare and in making health care choices. We can for the Senate to act. The Senate has the beneficiaries of Medicare but also end 13 years of ducking on health care, ducked on health care for almost 13 for anyone else who buys prescription 13 years of slapping Band-Aids on years. Health care and Iraq are the medicine. health care, and roll up our sleeves and driving issues that our citizens care I want to make this very clear be- go to work. A lot of it—and I know the about most. It is time to fix health cause when you are talking about sen- distinguished President of the Senate care, and I think with the Healthy iors and the disabled on Medicare, and has been to many community meetings Americans Act, this body can get the on prescription drugs, you might get in his home State of Virginia—simply job done. the impression that we make a decision means following up on what constitu- Mr. President, I yield the floor, and I here, and the only people it is going to ents say at home. note the absence of a quorum. affect are those on Medicare. But I Every time health care comes up The ACTING PRESIDENT pro tem- hope I made it very clear last week, when I have community meetings pore. The clerk will call the roll. and I am going to go over this again somebody usually says, ‘‘Well, I guess The assistant legislative clerk pro- today. we ought to go to what is called a sin- ceeded to call the roll. In other words, if we change Medi- gle payer system. You know, one where Mr. WYDEN. Mr. President, I ask care in this instance dealing with the the Government essentially runs it and unanimous consent that the order for prices of prescription drugs, it will in- you don’t have these private insurance the quorum call be rescinded. crease prices of prescription drugs for companies.’’ The ACTING PRESIDENT pro tem- everybody. It is not going to impact After somebody at a town meeting pore. Without objection, it is so or- just those on Medicare, the decisions says we ought to have a single payer dered. we make. I have said it before, and I say it again: Having the Government system, somebody else says, ‘‘No, we f already voted on that.’’ In fact, Orego- negotiate drug prices for Medicare nians did. They voted against a single ORDER OF PROCEDURE might be a good sound bite, but it is payer system by more than 3 to 1 just Mr. WYDEN. Mr. President, I ask not sound policy if it is going to in- a few years ago. unanimous consent that the time crease the price of prescription drugs But the other speakers say, ‘‘We today from 4:30 to 5:30 be equally di- for everybody regardless of age in the don’t want all that Government. We vided and controlled between the two United States. I think the House bill, which is num- don’t want the Government to make leaders or their designees, and that 10 bered H.R. 4 and passed the House last all the decisions.’’ minutes of the majority’s time be allo- week, very definitely falls into that So after a bit, somebody raises their cated to Senator FEINGOLD. category. It may be a good sound bite. hand at one of my townhall meetings The ACTING PRESIDENT pro tem- It may be very politically beneficial. and says, ‘‘Ron, what we want is what pore. Without objection, it is so or- But a good sound bite is not good pol- you Members of Congress have. We dered. icy. It will be bad for Medicare bene- want health care coverage like you Mr. WYDEN. Mr. President, I ask ficiaries and other consumers of pre- have.’’ unanimous consent that the majority scription drugs. Then everybody in the room shakes leader be recognized at 12:30 p.m. That outcome was voiced by wit- their head in agreement. today. nesses just last week when they ap- So much of what I propose in the The ACTING PRESIDENT pro tem- peared before the Senate Finance Com- Healthy Americans Act comes from pore. Without objection, it is so or- mittee, chaired by the Senator from those townhall meetings that I hold in dered. Montana, Senator BAUCUS. all of Oregon’s 36 counties. I have an Mr. WYDEN. Mr. President, I note At that hearing, one of the witnesses, approach that guarantees benefits like the absence of a quorum. Dr. Fiona Scott Morton, a professor of Members of Congress have; that is de- The ACTING PRESIDENT pro tem- economics at Yale University, made a livered in the same way; and that can pore. The clerk will call the roll. key point about the size of the Medi- actually be implemented with the very The assistant legislative clerk pro- care market and when you deal with first paycheck that a worker gets ceeded to call the roll. the price that Medicare recipients pay under the new system. Mr. GRASSLEY. Mr. President, I ask for drugs, the fact that it has negative Part of the reason I have written this unanimous consent that the order for consequences for everybody else in legislation as I have has been to ensure the quorum call be rescinded. America. that the Congress and the Federal Gov- The ACTING PRESIDENT pro tem- She pointed out that of course we all ernment could pick up some lost credi- pore. Without objection, it is so or- want to obtain discounts for drugs for bility on health care. My sense is that dered. seniors. But she said: after the debate of 1994 on health care f With close to half of all spending being in America a lot of Americans said: PRESCRIPTION DRUGS generated by those seniors, whatever price The United States Congress can’t fig- they pay will tend to be the average price in ure out how to put together a two-car Mr. GRASSLEY. Mr. President, I am the market. parade let alone a reform that involves going to proceed in morning business, Her point is, if you are half of the one-seventh of the American economy. but I want to welcome the new Senator market, the math makes it virtually That is why I have written this legis- from Virginia to the Senate. I look for- impossible for your prices to be below lation so it can be understood and the ward to serving with him. I am sorry average. Dr. Scott Morton said that be- effects can be seen from the time the that maybe the Senator’s first time cause Medicare is so large, if very first paychecks go out under the being in the chair he has to listen to drugmakers had to give it the lowest legislation. The legislation works in a my speech, but I am very glad to have price they give any customer, they way that will be attractive to both the opportunity to speak to you and would have a strong incentive to in- workers and employers. Members of the body and the people of crease their prices for everybody else. So I have spent a lot of time listen- the United States about a very impor- Professor Scott Morton also stated: ing to my constituents as I brought to- tant issue that is going to be coming This approach to controlling prices harms gether the various principles that are before us. This is an issue that I have all other consumers of pharmaceuticals in contained in the Healthy Americans been speaking about for the last sev- the United States and is bad policy.

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.006 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S534 CONGRESSIONAL RECORD — SENATE January 16, 2007 I pointed out how Part D has already matters is what leverage you have and would have negligible effect on Federal given seniors, on the 25 drugs most how you use that leverage. And if you spending because we anticipate that the Sec- used by seniors, 35-percent lower prices don’t have a fundamental tool, and retary— than we anticipated when we wrote the that would be the formulary, you have meaning the Secretary of HHS— bill. While it is great to be doing things no leverage over drugmakers. A for- would be unable to negotiate prices across a for seniors, there is no free lunch. Ev- mulary is a list of drugs that a plan broad range of covered Part D drugs that are erybody, regardless of age, will pay will cover. more effective than those obtained by PDPs under current law. more for prescription drugs. Do you Here is what Professor Scott Morton want that to happen? Do you want said would happen if someone negoti- You heard it during the campaign. those unintended consequences to hap- ating drug prices couldn’t have a for- You heard it a long time before the pen? mulary: campaign. If we do away with this non- Then we had another witness at the Each manufacturer would know that, fun- interference clause, we are going to get hearing held by Senator BAUCUS before damentally, Medicare must purchase all drugs cheaper for the citizens. This is the Senate Finance Committee last products. The Medicare ‘‘negotiator’’ would supposedly on top of the 35 percent of week. It was a representative of the have no bargaining leverage, and therefore, the average reduction in the price of simply allowing bargaining on its own would Government Accountability Office who the 25 drugs most often used by senior not lead to substantially lower prices. citizens, and the god of Capitol Hill talked about its Year 2000 report on That is the end of the quote from this very issue, and echoed Professor says there is not going to be the sav- Professor Scott Morton. ings. That is not only for the people Scott Morton’s view. Remember, in Then we had a Mr. Edmund 2000 the General Accounting Office con- who pay out of their pockets some por- Haislmaier, a fellow at the Heritage tion for drugs, but also saving the tax- cluded: Foundation, talk about the limits of Mandating that federal prices for out- payers money. bulk purchasing power alone. In his I am going to quote another thing patient prescription drugs be extended to a written testimony he said: large group of purchasers such as Medicare from the Congressional Budget Office beneficiaries could lower the prices they pay, . . . volume purchasing encourages manu- that gets back to this carrot and stick, but raise prices for others. facturer discounting, it is not, in and of the stick being the formulary that is itself, sufficient to extract large discounts. used by the Veterans’ Administration That is from a nonpartisan Govern- Manufacturers will only offer substantial ment agency working for the Congress discounts if the buyer combines the ‘‘carrot’’ to get the low prices they get—the of the United States called the Govern- of volume with the ‘‘stick’’ of being able to same pattern that proponents of doing ment Accountability Office. substitute one supplier’s goods with those of away with the noninterference clause One thing we keep hearing is that another. want to follow, to get lower prices for Medicare should not pay more than the In drug negotiation, that stick he is senior citizens, and that is the for- Veterans’ Administration pays. We had talking about—Mr. Haislmaier is talk- mulary. The Veterans’ Administration another witness, Professor Richard ing about—is the formulary. has a formulary, but the House bill Frank of Harvard University, who said Here is what is wrong with the House passed last week does not have a na- that if Medicare got the same prices bill that just passed. It prohibits the tional formulary, so you do not have a the Veterans’ Administration gets for Secretary of Health and Human Serv- stick to accomplish the goals. drug prices—if that happened—it would ices from using a formulary. Thus the Without the authority to establish a for- likely raise Veterans’ Administration stick that is necessary, that the Vet- mulary, we believe the Secretary would not prices for our veterans for all drugs. Do erans’ Administration uses to drive be able to encourage the use of particular you want to hurt veterans with these down the price of drugs, is not even in drugs by Part D beneficiaries, and as a result the bill that passed the House that is would lack the leverage to obtain significant unintended consequences of some of discounts in his negotiations with drug man- these ideas that are floating around supposed to guarantee senior citizens ufacturers. lower drug prices. this new Congress? It is pretty clear that what we are Then we had other panelists. As they For all of their talk about getting savings from Government negotiations, being told you are going to get as a re- listened to Dr. Frank’s response, other sult of the House-passed bill is not hap- panelists nodded in agreement. Talk the House Democrats took away a key tool to get lower prices. That was a pening. So I would quote another inde- about unintended consequences, do you pendent actuary—maybe not quite the know who else agrees with these pro- key lesson we also learned from last week’s Finance Committee hearing god that CBO is, but the actuaries at fessors who have been testifying before the Center for Medicare Services, the our committee? I point to the Military that Senator BAUCUS chaired. Here is what the Congressional Budg- agency that oversees the Medicare drug Order of the Purple Heart. In a letter benefit. They said about the same to Members of Congress, the Military et Office said about H.R. 4. Here I have a chart. The bottom line of it is that it thing about H.R. 4 not having a for- Order of the Purple Heart expressed its mulary. concern about the impact that extend- would have negligible effect on Federal Although the bill would require the Sec- ing Veterans’ Administration prices to spending. To emphasize that, I want to read it all. For the benefit of new Mem- retary to negotiate with drug manufacturers Medicare could have on veterans. In regarding drug prices, the inability to drive fact, they stated that several veterans bers, I point out we will soon find out market share via the establishment of a for- organizations passed formal resolu- that when you refer to the Congres- mulary or development of a preferred tier tions opposing legislation to extend the sional Budget Office, it is like God on significantly undermines the effectiveness of Veterans’ Administration prices to Capitol Hill. When the Congressional negotiations. Medicare because it would threaten Budget Office says something costs Whether you are CBO, responsible to Veterans’ Administration’s current dis- something—and you might have intel- the Congress of the United States, counts. lectually honest, good reasons for dis- working for the Congress of the United What is the end result? Higher drug agreeing with it—the Congressional States, or whether you are the actu- prices for those who get their drugs Budget Office is always right. If there aries downtown at the Center for Medi- from the Veterans’ Administration. is a point of order against it, then you care Services working for the President Another key point made at last get 60 votes. The 60-vote requirement of the United States—and maybe actu- week’s hearing before the Senate Fi- around here almost makes anything or aries are fairly independent—but the nance Committee was that it is not anybody or any agency a god, because point being they came to the same con- simply about the number of people for it is difficult to get 60 votes. So CBO clusion, that the tool that is necessary whom you are buying drugs. In re- generally stands. Sometimes they are to accomplish what Democrats say sponse to a question I asked Professor overridden but not very often. So this they want to accomplish by doing away Scott Morton, the professor said it god of CBO: with the noninterference clause to ne- doesn’t matter whether you negotiate CBO estimates that H.R. 4— gotiate prices with drug companies on behalf of 1 million people or 43 mil- I want to emphasize, that is the bill isn’t going to be effective because the lion people—which is the number of that just passed the House last week, a tool to be effective is not in their legis- senior citizens in this country. What Democratic bill— lation.

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.007 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S535 Let me point out the key downside of Members who are now twisting that I ask any Member how often a Fed- having the Secretary establish a na- language cosponsored that very legisla- eral program comes in under cost. We tional formulary in my next chart. tion. always speak of overruns. Every Fed- Fewer drugs would be covered. I have I will not emphasize every Demo- eral program is costing more than we made a point about keeping the Gov- cratic Congressman or Senator who in- anticipate when we pass it. Overruns ernment bureaucrat out of the medi- troduced these seven bills, but I will do not seem to be the sin they ought to cine cabinet, not to be the person be- emphasize President Clinton, in 1999, be. We have a program $189 billion tween the doctor and the patient. We when he proposed from the White under what we thought it would cost, set up, as a principle in the Medicare House a plan for prescription drugs for so we have an underrun. We never hear bill, to do it differently than the Vet- seniors. The plan proposed by Presi- of that. We could not get the lower erans’ Administration because the Vet- dent Clinton took the same approach. prices and lower costs unless the pre- erans’ Administration did not allow President Clinton said so many good scription drug plans are, in fact, what every therapy to be available to a vet- things that I didn’t have to think up we anticipate they would be—strong eran. A bureaucrat makes a decision new things, just repeat what President negotiators with the drugmakers. Com- that a veteran can have this, but a vet- Clinton said about saving money and petition is working. eran cannot have that, the Government the ability of plans to negotiate and I know the opponents of the drug will not buy this. We did not want the save money, and to make sure there benefit will likely keep up their at- senior citizens to be treated that way, was a wide range of drugs available for tacks on the program. They have pan- so every therapy has to be available. our seniors. dered through the last election and This chart shows only 30 percent of We have a good basis for including in they have to deliver. What are they de- the drugs covered by Medicare will be our bipartisan bill that passed in 2003 livering? They are delivering a pig in a available to seniors if done the way the things that Democrats had in their poke. They may be delivering some- Veterans’ Administration does it. Do bills before we passed our bill. I don’t thing very negative for the seniors of you want to get the complaints from see any of them embarrassed about America. I have been working hard this the seniors of America, as I sometimes that fact even while they go on talking week to give people important facts get from veterans? They come to my about how bad the provision is now that have been left out of the debate on town meetings saying: My doctor says that it’s in a bipartisan bill. Plans are negotiation of drug prices. I should not take this pill because negotiating for seniors, and those nego- The plain and simple fact is that there are side effects, I should take tiations are reducing the cost of the 25 competition among the plans is work- this one. Why won’t the Veterans’ Ad- most often used drugs by seniors on an ing. The Medicare plans are delivering ministration let me buy this pill? The average of 35 percent. President Clin- the benefits to Medicare beneficiaries. doctor said I ought to have it. ton said so many good things that I These private sector plans have the ex- I can go to the Veterans’ Administra- don’t have to say them. I wish Mem- perience in negotiating better drug tion and advocate for this veteran, but bers would read some of the things prices. As I pointed out last week, for it is not a sure thing. We do not have President Clinton said about this. 50 years, Federal employees, under the to worry about that with seniors. Continuing to summarize, the Sec- Federal Employee Health Benefit Pro- Let me sum up two important points retary does not need the authority to gram, have been doing it this way. It from the Senate Committee on Finance negotiate and a national formulary is a has successfully worked. That is why hearing we had last week and from the bad idea. Competition among these we adopted it for seniors. experts from the Congressional Budget plans that seniors are now joining—91 These Medicare negotiators have Office and the chief actuary of Medi- percent of the seniors have prescription proven their ability to get lower drug care. drug coverage; the Medicare prescrip- prices. The Medicare plans are negoti- First, giving Medicare the lowest tion drug benefit is a voluntary pro- ating with drug companies using drug price a drugmaker gives any purchaser, gram; they do not have to get in it if formularies within the rules set by law. whether that is a private plan or the they don’t want to—had led to lower These plans have to be approved by the Veterans’ Administration, will increase drug prices for beneficiaries and, more Centers for Medicare & Medicaid Serv- prices of prescription drugs for every- importantly, lower costs for taxpayers ices. Medicare beneficiaries have access one else in America. That means high- and the States. This is saving tax- to the drugs they need and 70 percent er prices for working Americans and payers $189 billion. I will cover that in of the drugs that are out there under for small businesses. Second, in sum- a minute. the Medicare prescription drug benefit mary, the ability to use a formulary to Premiums are lower than they were are not offered by the Veterans’ Ad- negotiate means you have to be able to estimated to be. I talked of lower drug ministration to veterans. tell a drugmaker: If you do not give me prices, but now I am talking about the I have an example from the ALS As- a good price, I will pick another drug premiums to join the plans. Before sociation, better known as the associa- to put in my formulary. If you do not 2006, the Medicare chief actuary esti- tion dealing with Lou Gehrig’s disease. believe all the experts, if you do not be- mated the average monthly premium Here is what they said about repealing lieve all of the people that have studied would be $37. In fact, we struggled to the noninterference clause in a Janu- this over a long period of time, whom make sure, when we wrote the Medi- ary 4 letter to Members of Congress: are you going to believe? care bill, that the premium would be The elimination of the noninterference I remind everyone from where the between $35 and $40 a month because provision will have particularly cruel con- prohibition on negotiations came. We we felt above that there would be re- sequences for people with ALS. It means have 10 new Members of the Senate, sistance to joining, and we would not that even if a new drug is developed to treat and a lot of them will not be familiar have 91 percent of the people in. We ALS, many patients likely will not have ac- with the genesis of the noninterference planned on $35 to $40. The chief actuary cess to it. That’s because price controls can clause. The opponents of the drug bene- said $37. But because of competition, it limit access to the latest technologies. fits seem to conveniently forget their ended up being only $23 in 2006. In the The letter continues to say that indi- own bills had the same language and year 2007, premiums are going to aver- viduals with ALS: that they supported a benefit run by age $22. Competition is working. . . . will either be forced to forego treat- private plans. My next chart dem- The net cost to the Federal Govern- ment, or only have access to less effective onstrates this better. ment is also lower than expected. This treatment options—ones that may add a few The prohibition of Government nego- is that $189 billion. Last week, the offi- months to their lives but not ones that will tiation—what is referred to as a non- cial Medicare actuary announced the add years to their lives. interference clause—first appeared in net 10-year cost has dropped by $189 Just for the record, drugs to treat Democratic bills; in total, seven bills over the original budget window used ALS are covered under the Medicare introduced and supported by 34 Senate when the Medicare Modernization Act drug benefit right now. Democrats and more than 100 House was enacted. That is a 30-percent drop I end with a statement I have so Democrats had the prohibition in these in the actual costs compared to what often used in the last week: If it ain’t legislation. On top of that, many of the was projected. Competition is working. broke, don’t fix it.

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.009 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S536 CONGRESSIONAL RECORD — SENATE January 16, 2007 I ask unanimous consent to have model for how the government should nego- for veterans through the Federal Supply these letters printed in the RECORD. tiate prices for Medicare prescription drugs. Schedule (FSS). Because of the Veterans There being no objection, the mate- Yet under that system, patients do not have Health Care Act of 1992, the prices the VA rial was ordered to be printed in the access to many of the latest breakthrough pays through the FSS are substantially dis- treatments. For example, two of the most recounted from the prices private sector pur- RECORD, as follows: cently developed drugs to treat Parkinson’s chasers pay. Extending access to the FSS THE AMYOTROPHIC LATERAL and Multiple Sclerosis, neurological diseases pharmaceutical discounts to larger groups SCLEROSIS ASSOCIATION, like ALS, are not covered by the VA due to would cause FSS prices to rise and would Washington, DC, January 4, 2007. the government negotiated price. Ironically, dramatically increase the VA’s pharma- DEAR MEMBER OF CONGRESS: I am writing those drugs currently are covered by Medi- ceutical costs. The Government Accounting on behalf of the ALS Association to express care Part D. Office and the VA have documented the mag- our strong opposition to legislation that Given this scenario, we are deeply con- nitude of this effect in 1995, 1997 and 2000 in would eliminate the noninterference provi- cerned that any new drug that is developed response to previous proposals to extend FSS sion of the Medicare Modernization Act for ALS will not be available to the vast ma- prices to other entities. The studies estimate (MMA). Legislation that authorizes the fed- jority of patients who need it. Instead they that the VA would incur many hundreds of eral government to negotiate Medicare pre- either will be forced to forgo treatment, or millions of dollars in additional expenses. scription drug prices will significantly limit only will have access to less effective treat- Our concerns about such proposals were ex- the ability of people with ALS to access the ment options ones that may add a few pressed in The Independent Budget of 2006 drugs they need and will seriously jeopardize months to their lives, but not ones that will sent to every Member of Congress. Sixty-two the future development of treatments for the add years or even save their lives. veteran and allied organizations endorse The disease—a disease that is always fatal and Independent Budget. Additionally, several for which there currently are no effective PEOPLE WITH ALS RELY ON MEDICARE veteran organizations have passed formal treatment options. A significant percentage of people with Resolutions opposing legislation extending The ALS Association is the only national ALS rely on Medicare, and the newly estab- FSS prices to Medicare or other programs voluntary health organization dedicated lished prescription drug benefit, to obtain because it would threaten discounts the VA solely to finding a treatment and cure for their health and prescription coverage. In currently receives. amyotrophic lateral sclerosis (ALS). More fact Congress recognized the importance of MOPH is on record as supporting lower commonly known as Lou Gehrig’s disease, Medicare coverage for people with ALS by prescription drug prices for all Americans, ALS is a progressive neurodegenerative dis- passing legislation to eliminate the 24- but not at the expense of those veterans en- ease that erodes a person’s ability to control month Medicare waiting period for people rolled in the VA health care system and the muscle movement. As the disease advances, disabled with the disease. This law helps to favorable pricing that the VA receives people lose the ability to walk, move their ensure patients have timely access to the through the FSS. arms, talk and even breathe, yet their minds health care they need. With the establish- Respectfully, remain sharp; aware of the limitations ALS ment of the Part D benefit, Congress also has THOMAS A. POULTER, has imposed on their lives, but powerless to now, helped to ensure that people with ALS National Commander. do anything about it. They become trapped have access to coverage for vital prescription inside a body they no longer can control. drugs. Mr. GRASSLEY. I suggest the ab- There is no cure for ALS. In fact, it is fatal Yet this improved access is threatened by sence of a quorum. within an average of two to five years from short-sighted and inappropriately cost driv- The PRESIDING OFFICER (Mr. the time of diagnosis. Moreover, there cur- en efforts to remove the noninterference pro- SANDERS). The clerk will call the roll. rently is only one drug available to treat the vision. If Congress makes this change, they The legislative clerk proceeded to will undo what the MMA sought to ensure: disease. Unfortunately, that drug, Rilutek, call the roll. originally approved by the FDA in 1995 has access to needed prescription drugs. shown only limited effects, prolonging life in While The ALS Association appreciates at- Mr. SPECTER. Mr. President, I ask some patients by just a few months. tempts to improve access to affordable pre- unanimous consent that the order for The hopes of people with ALS—those living scription drugs, we believe that Congress the quorum call be rescinded. today and those yet to be diagnosed—are must consider the implications of its actions The PRESIDING OFFICER. Without that medical science will develop and make on coverage, access and the advancement of objection, it is so ordered. available new treatments for the disease; medical science. We fear that in an effort to treatments that will improve and save their control costs, Congress may limit treatment f options, discourage innovation, and extin- lives. RECENT TRIP TO INDIA, SYRIA, However, The ALS Association is deeply guish the hopes of thousands of Americans concerned that the elimination of the MMA’s whose lives have been touched by ALS and AND ISRAEL noninterference provision will dampen these who are fighting to find a treatment and Mr. SPECTER. Mr. President, I have hopes and will result in unintended con- cure. On behalf of your constituents living sought recognition to report on the re- sequences for the thousands of Americans with Lou Gehrig’s disease, we urge you to op- cent trip I made from December 13 to pose legislation to eliminate the noninter- fighting this horrific disease. The potential December 30 to India, Syria, and Israel. impacts are significant and include: ference provisions of the Medicare Mod- The trip to India was a revelation to LIMITS ON INNOVATION ernization Act. Sincerely, me—to see the vast economic progress While reducing the cost of prescription STEVE GIBSON, that this gigantic nation of 1.1 billion drugs is an important goal, it should not be Vice President, Government Relations done at the expense of innovation. Unfortu- people has made. For a long time, the and Public Affairs. nately, eliminating the MMA’s noninter- nation of India resisted foreign invest- ference provision will limit the resources ment, perhaps as a result of the MILITARY ORDER OF THE PURPLE HEART, available to develop new breakthrough medi- colonialization by the British. But for Springfield, VA, January 10, 2007. cines. This is especially troubling for a dis- most of the past two decades, India has Speaker NANCY PELOSI ease like ALS, for the development of new Washington, DC. been open for investment and trade. drugs offers patients their best, and likely DEAR MADAM SPEAKER: In the coming days During the course of my travels there, only, hope for an effective treatment. the House will take up legislation that, if en- which are detailed in a lengthy state- Additionally, by establishing price con- acted will repeal the noninterference clause trols, Congress will undermine the incentives ment that I will include for the RECORD of the Medicare Prescription Drug, Improve- it has established to encourage drug develop- at the conclusion of my extempo- ment and Modernization Act of 2003. The ment in orphan diseases, like ALS. As re- raneous remarks, I have detailed the Medicare Prescription Drug Price Negotia- sources available for research and develop- many U.S. plants we visited, such as tion Act of 2007, H.R. 4, will require the Sec- ment become more scarce, there will be even retary of Health and Human Services to ne- GE and IBM, all showing a remarkable less incentive to invest in orphan drug devel- gotiate lower covered part D drug prices on aptitude for the technology of the 21st opment. behalf of Medicare beneficiaries. While there century. LIMITS ON ACCESS is no specific mention of the Department of I recall, several years ago, being sur- The elimination of the noninterference Veterans Affairs (VA) and the favorable pric- prised when I sought a number from in- provision will have particularly cruel con- ing they receive on pharmaceutical products formation and found out that the an- sequences for people with ALS. It means through the Federal Supply Schedule (FSS), swering person was in India. I have that even if a new drug is developed to treat I would like to share with you the concerns since learned that this is a common ALS, many patients likely will not have ac- of The Military Order of the Purple Heart cess to it. That’s because price controls can (MOPH) as you consider H.R. 4. practice because, whereas, it used to limit access to the latest technologies. Pro- As you know, Federal law currently en- cost about $3.50 for a minute conversa- ponents of government negotiated prices cite ables the Department of Veterans Affairs tion between the United States and the Department of Veterans Affairs as a (VA) to purchase pharmaceutical products India, it now costs about 7 cents.

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.009 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S537 The Indians are very highly edu- meet with former President Hafez al- Israel. He said he was obviously look- cated. They are able to take on jobs, Assad, on nine occasions, and with his ing for a return of the Golan but that so-called outsourcing, at a much lower successor, his son, President Bashar al- he had a good measure of quid pro quo rate of compensation. They have physi- Assad, on four occasions. I recollect to offer Israel and assistance on the cian groups who are available to read, that the first meeting I had with Hafez fragile truce which Israel now has with through the miracles of modern tech- al-Assad was in January of 1988, and it Hezbollah and also assistance with nology, x rays. They have a 101⁄2-hour lasted 4 hours 38 minutes, discussing a Hamas. In my formal statement, I go time difference, so they are prepared to wide range of issues on the Iran-Iraq into greater detail on that subject. do it on pretty much on an around-the- war, which had just been concluded, I pressed President Bashar al-Assad clock basis. While, obviously, there is a and then on Syrian-Israeli relations on the obligations Syria had to abide loss of jobs with outsourcing, I think and then on U.S.-U.S.S.R. relations, by U.N. Resolution 1701 to not to sup- our long-range benefits in trade with and I found President al-Assad at that port Hezbollah, and he said Syria India—a major trading partner—and time to be a very engaging interloc- would honor that requirement, that ob- the strengthening of this democracy in utor. I suggested, on a number of occa- ligation. I, also, pressed him on allow- Asia will provide a tremendous source sions, that I had taken a sufficient ing the U.S. investigation into the as- of strength and assistance to the goals amount of his time, and he generously sassination of Lebanese Prime Minister of the United States. I think it is espe- extended the time until we had dis- Hariri, and again I received assurances cially important to see the Nation of cussed a very wide range of issues. I on that subject. It is always difficult to India develop with its 1.1 billion people found those discussions with President know the validity of the assurances, as a counterbalance, so to speak, to Hafez al-Assad to be productive. but I think the dialog and the con- China with 1.3 billion people. We have In 1996, when Prime Minister versation and pressing the point is very in India a democracy, contrasted with Netanyahu took office, he made a pub- worthwhile. the authoritarian government which lic announcement that he would hold With respect to Iraq, President prevails in China and, in the long run, Syria responsible for the Hezbollah at- Bashar al-Assad said that Syria would the incentives and the productivity of tacks on northern Israel. Syria then re- be interested in hosting an inter- free people in a democracy should be aligned their troops. I was in Jeru- national conference attended by the quite a counterbalance, if not a nation salem, and Prime Minister Netanyahu warring factions in Iraq and that Syria which will exceed the tremendous asked me to carry a message to Presi- had already gained the concurrence of strides which China has seen. dent Hafiz al-Assad that he wanted Turkey to participate and Syria would A major topic of conversation on my peace, and I did. Later, now Foreign invite other Arab countries to such a trip to India was the recent agreement Minister Walid al-Mouallem said that discussion. I realize that there is some between the United States and India, that comment helped to defuse the sit- disagreement with the issue of dialog where we will make nuclear technology uation. with Syria, but it is my view, devel- available to the nation of India. When For many years, President Hafez al- oped over many years of foreign travel, I first learned of that proposal, I had Assad refused to negotiate with Israel that dialog and talk is a very impor- very substantial misgivings because unless all five of the major superpowers tant and worthwhile undertaking. India was not a party to the Nuclear sponsored the international conference. My trip there followed visits by Sen- Non-Proliferation Treaty. But on ex- Israel’s Prime Minister Shamir was op- ators BILL NELSON, CHRIS DODD, and amining the issues further and seeing posed on the grounds that he would at- JOHN KERRY. I think all came away that India had not joined that treaty as tend the conference sponsored by the with the same conclusion that the dia- a matter of principle, feeling it was United States and the U.S.S.R. but not log was very much worthwhile. I then discriminatory, since the only people when the odds were stacked 4 to 1 traveled to Israel, where I had an op- who were part of the so-called nuclear against Israel. I discussed that matter portunity to meet with Israeli Prime club, or were recognized to be part of on a number of occasions with Presi- Minister Olmert. I relayed to him the the so-called nuclear club, were the dent Hafez al-Assad, whether my urg- interest that Bashar al-Assad had in di- five major powers. I think if the U.N. ing him had any effect. The effect is alog. Prime Minister Olmert had been Charter were being written today, that President Hafez al-Assad agreed to reportedly cool to any such discussions India would be included as one of the go to Madrid in 1981 to a conference subsequent to my visit. Some more five major powers of the world. At any sponsored by the United States and the positive statements were coming from rate, that was a major topic of con- Soviet Union. I had urged President Israeli officials about possible negotia- versation. Hafez al-Assad to allow the Syrian tion also with Israel, but Prime Min- The nuclear technology that the Jews to leave. I made a point to him in ister Olmert insisted on having some United States will make available to the early to mid-1990s that the Jewish display of good faith on the part of India will strengthen India’s economy women in Syria had no one of their Syria before even considering under- and will be a good bridge in cementing own faith to marry. He made an inter- taking such discussions. relations between the United States esting suggestion. He said that if any- We also met with Foreign Minister and India. one will come and claim a Syrian Jew- Livni and former Prime Minister I had the privilege of meeting with ish bride, she could leave the country. Netanyahu and our conversations are Prime Minister Manmohan Singh of I translated that offer to the large Syr- detailed in my written statement. India to discuss a wide range of issues. ian-Jewish community in New York We then traveled to Ramallah to talk He expressed great pleasure at his rela- and, regrettably, there were no takers. to Salam Fayyad and Hannan Ashrawi, tions with President Bush and with the But after a time, President Hafez al- members of the so-called Third Way, a signing of the nuclear agreement, and Assad let the Jews go on his own, very small Palestinian party but a very he made a comment that India did not which was a constructive move. able people and very stalwart advo- want another nuclear power in the re- I first met President Bashar al-Assad cates for peace. Those comments are gion and specifically said he was op- at the funeral of his father. I was the contained in my written statement. posed to seeing Iran gain nuclear weap- only Member of Congress to attend the I ask unanimous consent that the ons. I thanked Prime Minister Singh in funeral. It was a 33-hour trip—15 hours full text of my prepared statement be India for the vote which they cast in over, 3 hours on the ground, and 15 printed in the RECORD. There being no objection, the mate- support of the U.S. position in the hours back. I made the trip to pay my rial was ordered to be printed in the United Nations on the Iranian issue, respects and to meet the new Presi- RECORD, as follows: and I think the agreement will be very dent. On this occasion, I met exten- helpful in promoting good relations be- sively for more than an hour with For- REPORT ON FOREIGN TRAVEL tween the United States and India. eign Minister Walid al-Mouallem and Mr. President, I have sought recognition to I then traveled to Syria, which was the next day for a little over an hour report on foreign travel, as is my custom, from December 13 to December 30, 2006. my 16th visit to that nation, starting with President Bashar al-Assad. Presi- I traveled to India, Syria, and Israel with in 1984. During the course of those vis- dent Assad said that he was interested overnight travel stops in the United King- its—I have had the opportunity to in undertaking peace negotiations with dom, Qatar, and Italy. I was joined by my

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.012 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S538 CONGRESSIONAL RECORD — SENATE January 16, 2007 wife Joan, my aide Scott Boos, Colonel On August 26, 1995, on travel with Colorado government is led by Manmohan Singh, a Gregg Olson, United States Marine Corps, Senator Hank Brown, I met with India’s Sikh and India’s first-ever non-Hindu prime and Dr. Matthew Needleman, United States Prime Minister Narasimha Rao. He stated minister. Navy. his interest in negotiations which would lead We discussed India’s history and the ar- UNITED KINGDOM to the elimination of any nuclear weapons on rival of the British, who brought rule of law On December 13, we departed Dulles Inter- the Indian subcontinent within ten or fifteen to India despite flagrant disobedience which national Airport outside Washington, DC. years. Two days later, I raised the issue with exists today. Politically controlled by the Our first stop was in London, England where Pakistan’s Prime Minister Benazir Bhutto. British East India Company from the early we landed at Heathrow International Airport She expressed genuine surprise over the con- 18th century and directly administered by after a flight of just over 7 hours. Upon ar- tent of my discussion with Prime Minister Great Britain starting the mid–19th century, riving in London, we were greeted by Mr. Rao. She stated that this was the first time India became a modern nation-state in 1947 James Sindle of the American Embassy in that she had heard any such commitment after a struggle for independence marked by London. After a brief overnight stay, we from India and she asked if we had it in writ- widespread use of nonviolent resistance as a headed back to the airport and departed for ing. I suggested to Prime Minister Bhutto means of social protest. Mumbai, India, the next morning. that the U.S. serve as an intermediary to fa- I was surprised to see that the Indians cilitate dialogue. I wrote a letter to Presi- would have built a ‘‘Gateway of India’’ INDIA dent Clinton summarizing the meetings and monument to celebrate the arrival of King Upon arriving in Mumbai in the early suggested that it would be very productive George V and Queen Mary in 1911. Completed morning hours of December 15, we were for the U.S. to initiate and broker discus- in 1924, the massive structure sits atop the greeted by Mr. Wilson Ruark, from the U.S. sions between India and Pakistan. Unfortu- port of Mumbai on the Arabian Sea. It did Consulate General in Mumbai. Mr. Ruark, a nately, he did not share my interest in the not make sense that the Indians would have Vice Consul at the Consulate, was assigned issue, perhaps because his attention was fo- built such a structure to celebrate those who to be our Control Officer. Being that it was cused on the election. After the election, I were there to exploit their interests, and I 2 a.m. local time, we quickly headed to our raised the issue again with the President, was right. As it turns out, the British built hotel for some much-needed rest after two but again he did not show interest. the Gateway of India. full days of air travel. Despite being a non-signatory to the Nu- While Muslims represent just 15 percent of Among other issues, our meetings through- clear Nonproliferation Treaty (NPT), India India’s population, the 140 million Muslims out India focused on the U.S./India Nuclear has complied with most of its main tenets. It places India behind only Indonesia and Paki- Deal, business outsourcing, and India’s rela- should be noted that India, unlike its neigh- stan among countries with large Muslim tionship with the U.S. and its neighbors, in- bor Pakistan, has not shared its technology populations. Eighty percent are Hindu, but cluding Pakistan. or weapons with outside nations. They have they represent a diverse mixture of regional On the afternoon of December 15, we received a Country Team Briefing with the been a responsible nuclear weapon state, characteristics with numerous languages. Consul General, Mr. Michael S. Owen, and though not recognized under the NPT like Three percent of Indians are Sikh; around his staff: Mr. Wilson Ruark, Vice Consul; Mr. the 5 acknowledged nuclear weapon states: one percent are Christian. The Jewish popu- Matthew B. Sweeney, a special agent of the U.S., Russia, France, Britain, and China. lation has declined as a result of emigration For India, a deal with the U.S. will provide Diplomatic Security Service; Mr. Glen C. to Israel since 1948. Currently, 5,000 Jews live India much-needed credibility and the poten- Keiser, Consular Chief; Mr. Bill Klein, Con- in Mumbai and another 4,000 live elsewhere tial for energy security with access to equip- sul; and Ms. Elizabeth Kaufmann, Public Di- in India. ment, fuel, and other assistance for its civil The Consulate explained the numerous plomacy Chief. I was pleased to hear that U.S. relations nuclear power program. The international challenges to India’s desire to expand its eco- with India are at an ‘‘all-time high,’’ much community is likely to follow the lead of the nomic base. India has not spent enough in part to the U.S./India Nuclear agreement, U.S. In return, India, which does not cur- money on roads, rail, ports, power, and water part of a new ‘‘global partnership’’ entered rently have International Atomic Energy infrastructure. The weight of 1.1 billion peo- into on July 18, 2005, by President Bush and Agency safeguards on all nuclear material in ple has strained India’s physical infrastruc- Indian Prime Minister Manmohan Singh. peaceful nuclear activities, agrees to open ture, clearly evident driving to meetings Completion of the final terms of the deal will its civil nuclear power reactors to inspec- throughout Mumbai and along the route to allow the U.S. to engage in peaceful nuclear tion. the airport. While India has numerous world- cooperation with the world’s largest democ- Congress recently approved authorizing class schools, the Consular staff explained racy, one that commands respect in an im- legislation, with some controversial modi- that access to education in rural areas has portant part of the world. When the United fications regarding Iran which I will discuss been getting worse. India recently surpassed Nations was created in 1945, the 5 permanent in more detail later in this report, setting South Africa as the country with the most members of the Security Council were the the stage for a final cooperation agreement. individuals living with HIV and AIDS, reg- United States, Britain, France, China, and The legislation retains the prerogative of istering at over 5 million persons. Russia. If that decision were made today, Congress to vote on the actual cooperation Immigration is a highly emotional subject, there is no doubt in my mind that India before it takes effect. with some objecting to Indians taking jobs would be among the world powers considered U.S. business ties with India are also on from U.S. workers. However, it is worth not- for membership. With a population of 1.1 bil- the rise, and have been for some time. India ing that these are very bright people and lion, an educated young workforce, and an recently hosted 240 American businessmen that we are a nation of immigrants. There is ever-expanding economy, India provides an and women, representing 190 companies—the a desire to see the U.S. lift its cap on H1B important counter-balance to China in its re- largest delegation of its kind ever. New Delhi visas, highly sought by Indians in the Infor- gion of the world. appears to be taking additional steps to em- mation Technology (IT) industry. The cur- On the U.S./India Nuclear deal, the Presi- brace trade and has loosened various trade rent cap is at 65,000 and some are expressing dent characterized the agreement as ‘‘hugely restrictions in recent years. a desire to see that number lifted to 125,000. important’’ for our strategic relationship The Consulate explained that several soci- Overall, the Consulate in Mumbai issued with India, and I agree. By way of back- etal and political functions appear to be re- 120,000 visas last year, 15,000 to highly skilled ground, U.S. nuclear energy cooperation stricting the advancement of the country. workers. They expect steady and double- with India goes back to the mid-1950’s when The risk of ‘‘political paralysis’’ has become digit annual increases in demand. the U.S. assisted in the building of nuclear an issue among competing political factions Finally, we discussed India’s relations with reactors in Tarapur, India, and allowed In- in the 543-seat Lok Sabha (People’s House). Pakistan and the threat of terrorism that dian scientists to study in the U.S. During No single political party has come close to a exists in India. Continuing violence in Kash- negotiations of the 1968 Nuclear Non- parliamentary majority in recent times and mir remains a major source of interstate proliferation Treaty (NPT), India refused to coalitions have become necessary to wield tension. Both India and Pakistan have built join the NPT on grounds that it was dis- greater influence over national affairs. Cur- large defense establishments—including nu- criminatory and only recognized 5 nations rently, the National Congress Party occupies clear weapons and ballistic missile pro- with the right to possess nuclear weapons. more parliamentary seats (145) than any grams—at the cost of economic and social All other signatories are required to dis- other party, and through alliances with pow- development. Little substantive progress has mantle their nuclear weapons operations. I erful regional parties, leads India’s govern- been made toward resolving the Kashmir heard this same sentiment expressed with ment under the United Progressive Alliance issue, and New Delhi continues to complain many of the people I met with in India. How- coalition. Congress party chief Sonia Gan- about what it views as insufficient Pakistani ever, after India tested a nuclear device in dhi, the daughter-in-law of assassinated efforts to end Islamic militancy that affects 1974, the U.S. and other nations tightened ex- former Prime Minister Indira Gandhi and India. port controls leaving India in a difficult po- widow of assassinated former Prime Minister On July 11, 2006, a series of explosions on sition without sufficient access to supplies Rajiv Gandhi, has considerable power over seven crowded commuter trains in Mumbai for its civilian nuclear program. An addi- the ruling coalition’s policy-making process. left more than 200 dead and at least 800 in- tional test by India in 1998, and a subsequent The Bharitiya Janata Party (BJP), associ- jured. On December 1, 2006 Indian police filed counter-test by Pakistan, certainly did not ated with Hindu nationalism, is the coun- formal charges against 28 suspected members advance their ability to obtain fuel and try’s largest opposition party and controls of the connected to the Pakistan-based equipment from world suppliers. eight state governments. Meanwhile, the Lashkar-e-Taiba (LeT), a Sunni militant

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.004 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S539 group fighting in Kashmir and designated as surpass China, due in large part to its large I raised the issue of Iran with Mr. Agrawal. a terrorist organization by the U.S. Police population of young workers. However, they The Senate version of the U.S./India Nuclear also have alleged that Pakistan’s Direc- explained that the ‘‘aspiration level’’ is eas- deal included a requirement that the Presi- torate of Inter-Services Intelligence was be- ily understood—of workers in India is rel- dent determine that India is fully and ac- hind the bombings. Pakistan has denied the atively low. Indians who really ‘‘aspire’’ tively supporting U.S. and international ef- accusation. Thirteen of the accused are in move to the U.S. The men agreed that the forts to dissuade, sanction, and contain police custody, and the rest are at large. impending U.S./India Nuclear deal was an Iran’s nuclear program. Due to heavy pres- Later in the afternoon on December 15, I important symbolic event which will solidify sure from New Delhi, the Conference Report met with several impressive Indian business the relationship between our nations. included a watered-down version which only executives for a roundtable discussion on On December 16, I met with Julio Ribeiro, requires an annual report to Congress on In- outsourcing—a word which has picked up a Head of Enforcement for the Indian Music dia’s efforts in this regard. Regardless, this negative connotation resulting from lost Industry (IMI), to discuss issues related to provision has raised opposition and debate jobs in the U.S. which have been shipped to copyright infringement, copyright enforce- over the deal in India. When I asked Mr. India. These men were very knowledgeable ment and to discuss the IMI’s experience in Agrawal for his feelings on the matter, he and I was amazed at their rise to such impor- anti-piracy efforts. Mr. Ribeiro was a very initially claimed that it was not his place to tant positions at such young ages—the four impressive man with a long resume of comment, that he was ‘‘just a utility com- men ranged in age from 38 to 42. Anish achievement. He joined the Indian Police pany.’’ However, when I pursued the issue, he Tripathi of KPMG, heads the knowledge Service in 1953 and served as Mumbai’s police said that India does not support nuclear pro- function in India and reports directly to the commissioner in the 1980s, commanding a liferation in Iran. He explained that ‘‘India Director and CEO. He explained his firm’s force of 35,000 officers. From 1989 to 1992, he has a uniform policy’’ and that it doesn’t role in advising U.S. firms on whether, and served as Indian Ambassador to Romania. ‘‘pick and choose’’ when, and for whom, to how, to outsource their operations to India IMI members include major record compa- oppose proliferation. I responded that it’s ap- and elsewhere in search of a lower-cost oper- nies including Saregama India Ltd., Uni- propriate to pick and choose when a country ations base. Saurabh Sonawala, the head of versal Music, Sony BMG Music Entertain- threatens to wipe another country off the business processing outsourcing for ment, and Virgin Records. Mr. Ribeiro ex- face of the Earth, as Iran’s President has HindiTron, a travel software producer and plained that the copyright laws in India are done towards Israel. During Senate consider- outsourcing advisor to over 20 major air- good, but are not well understood. ‘‘Edu- ation, I supported an even more stringent lines, explained, ‘‘It’s not always about cost. cation is key to enforcement,’’ according to amendment which would have required Pres- India can do a better job.’’ Manish Modi, Mr. Ribeiro. Corruption in India is a huge ob- idential certification that India has agreed Managing Director of Datamatrix Tech- stacle and without proper supervision en- to suspend military-to-military cooperation nologies Ltd., described the process of forcement of copyright laws becomes a low with Iran, including training exercises, until outsourcing certain accounting functions for priority. When I asked who was being bribed, such time as Iran is no longer designated as the auto industry. While the actual invoice Mr. Ribeiro replied, ‘‘You tell me who is not a state sponsor of terrorism. Regardless, I must be handled and mailed in the U.S., a being bribed.’’ told Mr. Agrawal that I know that India is a That same afternoon, we sat down for a scanned copy on a computer screen in responsible nation and that we wouldn’t lengthy meeting and lunch with the Director Mumbai allows an Indian worker to perform solve the problem over lunch. I was pleased (Projects) of the state-owned Nuclear Power related accounting tasks. Satish Ambe of to see Mr. Agrawal be candid with his views, Corporation of India (NPCIL), Mr. S.K. KALE Associates also was present in the and those of his country, on this, and a num- Agrawal to discuss the nuclear power indus- ber of related issues. meeting. try in India, its growth prospects, its role in They explained that 80 per cent of Mr. Agrawal explained that no final ap- upholding India’s non-proliferation regime outsourcing consists of so-called ‘‘call cen- proval would be necessary from the par- (outside of the NPT), and the commercial ters,’’ where English-speaking Indians per- liament in India, but that a two-day debate prospects for U.S. companies should the U.S./ form various functions from India. I asked would take place on December 18–19. He said India civil nuclear agreement become re- how it would make sense to pay the cost of that we would see the two sides of public ality. I also pressed Mr. Agrawal on some of opinion, those who support the deal, and a phone call to India and still achieve cost- the more politically sensitive issues sur- efficiency. They explained that 12 years ago, those who question India limiting its ability rounding the agreement, particularly with to freely act on its own foreign policy. Main- the cost of a phone call was $3.50 per minute. respect to Iran and its nuclear intentions. Today it is only 7 cents per minute. The cost ly, the discussion will try to answer the Overall, Mr. Agrawal said that his company question, ‘‘Did the U.S come through with of a data connection has also become much is ‘‘euphoric’’ over the U.S./India Nuclear the July agreement’’ between Prime Min- cheaper. Ten years ago a 64K line would have deal. ister Singh and President Bush, or ‘‘did Con- cost $10,000 per month. Today it is only $50 to The NCPIL has ambitious expansion plans, $100 per month. and hopes to procure more technology and gress change it too much,’’ referring to the Other factors contribute to the desirability hardware abroad once the U.S./India Nuclear Iran report requirement. An article appeared of using India as a base for operations. The deal is complete. Mr. Agrawal explained that in the Times of India newspaper on the day time zone difference allows companies to em- with India’s massive population and thirst of our meeting written by ex-scientists ploy low-cost labor instead of paying the for energy in an expanding economy, it will claiming that the deal denies India the op- ‘‘graveyard shift’’ in the U.S. At a manage- need 700GW of electricity capacity by 2032. portunity for full cooperation in civil nu- ment level, labor costs only 30–40 percent of India’s 16 nuclear power reactors currently clear energy. Unlike the U.S., India wants to that in the U.S. At an entry-level, labor in cover only 2 percent of India’s electricity de- reprocess its spent nuclear fuel for new ex- India costs only 10 percent of that in the U.S. mand, but their goal is to reach 10 percent perimental reactors for which technology The gentlemen I met with claimed that In- by 2031 and 30 percent by 2050. The NCPIL will be ready for development in 15–20 years. dia’s workforce is better skilled and better has a capacity of about 3.9GW and, if its cur- However, the Congress included language in educated. In the U.S. it is difficult to find rent construction and future plans for addi- the legislation to prohibit such a practice. someone with an accounting degree to man a tional reactors come to fruition, it will reach The legislation passed by Congress also in- phone line. However, in India, a degree has 60GW by 2031. Over 20 foreign reactors will be cludes a termination clause should India ex- become a prerequisite due to the heavy com- necessary to achieve this goal. Thermal (coal port nuclear-related mater, equipment, or petition for employment. In addition, India and gas) currently provides over 80GW of technology—though a Presidential waiver is has a very large labor pool of young workers. electricity, but India’s reserves of fossil fuels available. Also, while India hasn’t said The average age in India is 25, compared to are going down. Hydro-electricity provides whether or not it will conduct a nuclear test an average age of 35 in China. Finally, work- another 33GW and renewables provide only again, the deal would terminate should a ers in India speak English, a characteristic 6GW. test occur. Despite the article, Mr. Agrawal not often found in low-cost labor markets. Mr. Agrawal claims that India already has assured us that the scientists did not rep- Our discussion extended beyond sufficient know-how to build additional resent the majority opinion of Indians. outsourcing to India’s economy in general. It plants, but because India is not a signatory When I asked why India won’t become a was represented that 200 years ago, India’s to the Nuclear Nonproliferation Agreement signatory to the NPT, he explained that it is economy accounted for 26 percent of the (NPT), foreign countries will not sell reac- a discriminatory arrangement whereby only world’s GDP. Today it is only 2 percent, tors. He explained that the leverage of the the 5 acknowledged nuclear weapon states leaving room for expansion. I question the U.S. trusting India and making a deal will are permitted to possess nuclear weapons. ability to gauge such a statistic, but it still send a strong signal to other countries who Meanwhile, its neighbor Pakistan, also not a shows the power of the East India Trading will also be interested in exporting its reac- signatory, has been an irresponsible nuclear Company. tors. Mr. Agrawal explained that there is weapon state and, according to Mr. Agrawal, We discussed the similarities and dif- enough business for everyone and that India India is ‘‘not ready to eliminate its weap- ferences between India and China. They ex- ‘‘can accommodate France, Russia, and the ons’’ because it needs them as a deterrent to plained that perhaps a totalitarian govern- U.S.’’ He also assured me that imported ura- offset those possessed by its neighbor. In ment is most effective in propelling a nation nium would be used ‘‘only for civilian pur- order for India to join the NPT and enjoy the of over 1.3 billion people. Regardless, China’s poses and not for any para-military’’ purpose benefits of civil nuclear cooperation, it economic expansion began about 10 years be- and that the reactors will be open for IAEA would be required to draw down its arsenal. fore India’s and India is likely to eventually inspection. Unlike Pakistan, India has shown its global

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.006 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S540 CONGRESSIONAL RECORD — SENATE January 16, 2007 aspirations. India paid a price for supporting Nonproliferation Treaty as discriminatory policy without foreign influence. We also dis- the U.S. already when Iran was referred to and how it confers second-rate status on In- cussed the Middle East and my view that we the Security Council. A pending deal to build dians, the crisis in the Middle East and the should be willing to talk to our adversaries a much-needed natural gas pipeline through problems in Iraq, relations with China, and if we intend to solve the problems at hand. I Pakistan was put on hold. The deal shows intellectual property rights. We toasted the was asked questions about religious freedom, that India needs to be recognized in a real- good relations between our nations, and I ex- personal privacy in the U.S. since 9/11, the istic way as a nuclear weapon state, because tended an invitation for the executives to 2008 Presidential election, trade policy with they do in fact possess them. I said I am visit the U.S. India, relations with Pakistan, and my views pleased to see the U.S./India Nuclear deal On the morning of December 17, we de- on India as an investment destination. I was moving forward. Once complete, India’s mas- parted our hotel for a boat tour of the Cochin very surprised by the newspaper’s account of sive population will be able to enjoy the ben- area. Along the way, we saw Chinese fishing my interview, as published on December 20. efits of peaceful civil nuclear cooperation. nets. Cochin is the only place in the world The board of editors grossly During lunch, Mr. Agrawal explained that outside of China where these nets are in use. mischaracterized my statements on the war the NCPIL would be creating a new univer- We also toured areas affected by the tsu- in Iraq, the war’s relationship with the Mus- sity for nuclear training in Mumbai. A state nami. I was curious to know that the tsu- lim community, treatment of detainees at department official who joined me in the nami hit the west coast of India. In Cochin, Guantanamo Bay, and my view of India in meeting expressed interest in possible co- water was sucked away from land for 45 min- the world. I would certainly rethink grant- operation with U.S. universities. utes and then the water rushed back to land ing another interview with the Malayala On December 17, we departed Mumbai for killing 80 people and destroying many Manorama newspaper on any future visit to Cochin, located in the southern state of houses. Kerala. I wrote the Managing Editor, Mr. Kerala. Upon arrival, we were greeted by Mr. I joined 8 area business executives who are Philip Mathew, and explained the misrepre- Fred Kaplan, Ms. Kelly Buenrostro, and Mr. members of the Cochin Chamber of Com- sentations in their reporting. I ask consent Finny Jacob of the U.S. Consulate General in merce for a working lunch. The Chamber that a copy of my December 22, 2006, letter Chennai. They provided excellent support President Mr. Jose Dominic, Managing Di- be included at the end of these remarks. and arranged good meetings through my rector of the CGH Earth Hotels, told me that Later that day, we drove into the back- travel in south India. the Chamber is celebrating its 150th anniver- waters area of Kerala for a boat tour of the We departed the airport and drove into Co- sary. Commerce in the region began with region. chin for tea and a tour of the Mattancherry English traders in the Cochin area. Today, On December 20, we departed Kerala for Synagogue with Samuel Hallegua, the leader the region specializes in shipping, agri- Bangalore, India, a city of nearly 10 million of the Jewish community. Mr. Hallegua is a culture, and tourism. The locals refer to the people. The state of Karnakata has around 60 former businessman who came from a area as ‘‘God’s own country.’’ Kerala’s econ- million people and all of south India has wealthy Jewish family whose ancestors had omy grew by 9.2 percent last year, largely in nearly 250 million people. Again, we were ac- migrated to Kerala in 1692 from Spain, by part to a growth rate of 13.8 percent in the companied by the very able officers of the way of Aleppo, Iran, and held large areas of services sector. Due to the lack of industrial U.S. Consulate in Chennai. Also joining us land in Cochin. He explained that his ances- investments, Kerala has a major unemploy- from the State Department on this leg of the tors in Kerala were in the rope trade busi- ment problem with over 4 million people out- trip was Mr. George Mathew who provided ness and cultivated coconuts and rice on of-work. Again, we discussed a mixture of helpful information on the local issues. their estate until land reform in 1917 when business related issues and other issues of Upon our arrival, I hosted a lunch with they were forced to give up land. Once a vi- international importance. Almost all of the former Chief Justice Malimath of both the brant community of 2,500 Jews, Cochin now executives had visited the U.S. and many Karnakata and Kerala High Courts, the In- has only a very small Jewish population—32 had children in our universities. They re- dian equivalent of a state supreme court in individuals in the city and another 20 in the marked that it is ‘‘amazing’’ that our 2 big the U.S. However, the Chief Justice earned his distinct reputation for his leadership of a suburbs. Entire families and congregations democracies haven’t been closer sooner. We judicial reform committee focused on crimi- departed for Israel upon its statehood in 1948. discussed the effect of the ruling Communist nal procedures which recently published a re- I was pleased to hear Mr. Hallegua say that government and how it restricts the flow of port bearing his name. Among the rec- Jews in Cochin have enjoyed ‘‘total religious trade. They explained that state funds going ommendations to reduce the backlog of freedom.’’ I asked, ‘‘If it’s so good here, why into investment are not providing an ade- criminal court cases and bring order to the did everyone leave for Israel?’’ He explained quate return. However, the schools and system was the introduction of plea bar- that they were ‘‘observant Orthodox Jews’’ healthcare are exceptional. ‘‘If you were a gaining, which was absent in the Indian and that they ‘‘felt they could be more ob- poor person, Kerala would be a good place to Criminal Procedure Code. That recommenda- servant’’ in Israel. live,’’ one man said. tion has been adopted. He explained that po- After tea in Mr. Hallegua’s 200-year old an- Later that afternoon, I met with Chief Jus- lice interrogation techniques in India often cestral home, he walked us through the tice V.K. Bali and 4 senior judges of the involve torture because police are not aware neighborhood to the Mattancherry Syna- Kerala High Court in Cochin, the highest of proper methods. When a detainee dies in gogue. Built in 1568, it is one of the great his- court in the state. In India, one cannot be a custody, suicide is usually given as the rea- toric places of interest in Cochin. Mr. Chief Justice in their native state to avoid son for death. Reforms to the system now re- Hallegua showed us scrolls of Jewish scrip- any allegations of impartial rulings influ- quire police to report any instance of death tures, copper plates in which the privileges enced by area relationships. To become a with reasons and must perform a video-re- granted by the Cochin Maharajas to the judge at the High Court, lawyers who prac- corded postmortem. Another recommenda- Kerala Jewish community are recorded, and tice at the court are chosen by the Chief Jus- tion pending approval is the creation of a the building’s antique chandeliers and Chi- tice based on their daily performance. The witness protection program. The Chief Jus- nese hand painted tiles. As I signed my name Chief Justice explained that 45 is a good tice explained that in India only 7 percent of into the guest book, I noted that Queen Eliz- starting age and that judges are bound to re- serious offenses end up in conviction because abeth of Britain visited the synagogue in tire at age 62–65 for the national Supreme witnesses are afraid to testify. The Chief 1997 and signed the same book. I was later Court. I told them that in the U.S., Oliver Justice also headed a comprehensive study of told that Mr. Hallegua drew a curious look Wendel Holmes served on the federal bench child trafficking in India for the National from the Queen when he told his wife until he was 91. They explained that in India, Human Rights Commission. Its recommenda- ‘‘Queenie’’ to ‘‘hurry up, Queenie.’’ everything is open to judicial review, includ- tions have been enacted into a government That evening I attended a dinner with 12 ing actions taken by the Prime Minister. In program to disrupt such networks. member of the Indo-American Chamber of the U.S., President Bush campaigned in 2004 We also discussed procedures for confes- Commerce (IACC) in Kerala, including Mr. on nominating judges that would not legis- sions, double jeopardy, and the lack of a C.P. Sebastian, CEO of Excel Globe and cur- late from the bench. When I asked if judges right to a trial by jury. I was interested to rent President of the Chamber. Founded in in India legislate from the bench, they ex- learn that the Chief Justice has a daughter 1968, the IACC serves as a link between the plained that sometimes it is necessary to living in Pittsburgh, Pennsylvania. businesses in India and the United States ‘‘fill in the gaps,’’ and they do so despite the We then visited the IBM Global Operations and seeks to promote bilateral trade, invest- criticism. They gave me an example where a Center in Bangalore, located in a massive ment and technology transfer, and other public smoking ban was put into effect by commercial office park with many other joint ventures. The Kerala branch of the the High Court based on a provision in their U.S. based corporations. The operations cen- IACC was established in 1992 and has over 60 constitution providing a ‘‘right to life.’’ ter enables IMB to use the high quality members. We discussed a number of issues On December 19, I met with the Editorial workforce at a low cost of labor to remotely related to the process of outsourcing Amer- Board of the Malayala Manorama, one of the troubleshoot and maintain computer net- ican jobs to India at a lower cost. They ex- largest circulated newspapers in India with works for clients at locations around the plained that while jobs may be lost in Amer- 1.4 million copies sold daily. We discussed world. For example, during Hurricane ica, India provides a benefit to the American the good relations between the U.S. and Katrina, their monitoring system identified consumer with lower costs for products and India bolstered recently by the nuclear deal. server outages throughout the Gulf Coast. services. Our conversation extended into They also asked questions about how the They explained the challenges that come other areas including the U.S./India Nuclear deal relates to their relations with Pakistan, with working in India, including poor infra- deal. We discussed their views on the Nuclear Iran, and India’s ability to decide foreign structure of roads, ports, and power supply,

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.008 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S541 exemplified by the lights going out during of the family. Next in line would be her son, in the U.S., Mr. Panda has a very bright fu- the presentation. Delayed decision-making a 50 year old doctor in Bangalore. ture ahead and is one of New Delhi’s promi- of coalition politics and labor laws limiting Travancore was a princely state which cov- nent young parliamentarians. His wife Jaggi work hours also are not well suited to the in- ered most of central and southern Kerala runs a cable television network in formation technology (IT) industry. Still, during the British period. . After independ- Bhubaneshwar. the Chairman and CEO of IBM, Sam ence, the Royal Family lost political power On December 23, I departed Bhubaneshwar Palmisano, recently announced that over the and the princely state merged with other for the capitol city of India, New Delhi, next 3 years, IBM will triple its investment Malayalam language-speaking areas in south where I was greeted at the airport by Mr. to $6 billion in India. India to form Kerala. We discussed the chal- Geoffrey Pyatt, Deputy Chief of Mission, and Later that afternoon, we visited the Gen- lenges of holding power and how it is dif- Ms. Karen Schinnerer, consular officer and eral Electric (GE) Jack Welch Technology ferent from the current democratic govern- our control officer. Center, where over 3,000 scientists and sup- ment structure. After some difficulty landing in New Delhi port personnel conduct various research and On December 22, we departed the southern due to fog, I immediately drove to the resi- development operations. The center holds 30 areas of India for the eastern city of dence of India’s Prime Minister where I was patents. One such innovation breakthrough Bhubaneswar, located in the state of Orissa. joined by the U.S. Ambassador to India is the development of a digital railway sys- I was greeted by Mr. Doug Kelly, Public Af- David C. Mulford for a meeting with Prime tem where wireless information technology fairs Officer at the U.S. Consulate General in Minister Manmohan Singh. My meeting was (IT) logistics can be used to monitor oper- Calcutta. the first U.S. visit with the Prime Minister ations. The center is also responsible for the Our first meeting was a working lunch since President Bush signed legislation ear- development of a diagnostic imaging device with Mr. Vishambhar Saran, Chairman of lier that week allowing the U.S. and India to where the bone can be taken away from a CT VISA Steel, and numerous Orissa govern- move forward with civil nuclear cooperation. scan. I received a demonstration of the ma- ment officials, at the home of Mr. Saran’s The Ambassador told me that 680 million chine and saw very advanced 3 dimensional son, also an executive at VISA Steel. The people watched the ceremony on 11 stations, digital scan a human brain. lunch provided an opportunity to interact attesting to the interest in the expanding re- On December 21, we departed Bangalore with senior businessmen and state officials lations between our nations. In between the and traveled south to Thiruvananthapuram, and get their insights on Orissa’s current signing and our meeting, harsh skepticism India, better known as Trivandrum. We were economic, political, and social issues. Mr. was voiced in parliament against the U.S./ joined on this leg of the trip by David Hop- Saran was a educated to be a mining engi- India Nuclear deal. I urged the Prime Min- per, the Consul General of the U.S. Consulate neer, served as Director of Raw Materials for ister to move forward quickly with the re- General in Chennai. TATA Steel, and has over 37 years experi- maining technical terms of the agreement, Our first meeting was a working lunch at ence in the mining and steel industry. He ex- which I am told should not be too difficult. U.S. Technologies, a 100 percent U.S. owned, plained that the demand for steel in India is The U.S. Congress must still give final ap- California-based information technology (IT) growing at a rate of 10 percent and India proval of the technical terms of the deal. We firm, specializing in IT consulting and devel- faces competition from China and the also discussed the Presidential signing state- opment services for healthcare, retail, finan- Ukraine. Power is an important issue for ment and my belief that Congress should be cial services, manufacturing, utilities, trans- their mining and steel-making operations. able to sue if the legislation is changed by a portation, and logistics clients. We were He told me that India has 300–400 years of statement. greeted at the door by 2 elephants and an in- coal remaining, but that the quality is not We discussed the strong relationship be- digenous music arrangement consisting of as good as the coal in Pennsylvania. Mr. tween India and the U.S. and the good rela- horns and drums. Established in 1999, U.S. Saran explained that India is currently pro- tionship with President Bush. We also dis- Technologies’ goal is to become a $1 billion ducing 42 million tons of steel. By 2012, it cussed the diversity of India, a country with company with a workforce of 30,000 employ- will produce 80 tons and by 2020, it will reach the world’s second largest Muslim popu- ees by 2010. Already the largest employer in 110 tons or more. During lunch we also dis- lation. He spoke of his commitment to the Kerala, they explained that they have a 99.24 cussed the situation in Iraq and India’s rela- rule of law including freedom and human percent defect-free process and strive for tions with Iraq. Mr. Saran told me that he kindness. On the issue of India’s relations quality and happy employees. One of their has been to Pittsburgh several times to visit with Pakistan, I asked the Prime Minister if major clients is Blue Cross Blue Shield, family. U.S. involvement could be helpful in medi- based in Philadelphia, Pennsylvania. After lunch, we visited Infosys where I was ating the differences between the countries. Later that afternoon, we met V.S. briefed on company operations by Mr. I explained that I had tried to have President Achuthanandan, the 83-year old Chief Min- Ardhendu Das. He also led me on a tour of Clinton invite the heads of state of India and ister of Kerala, India. A Chief Minister in the Infosys campus which includes cafeterias Pakistan to the Oval Office in 1995, but with- India is equivalent to a governor in the U.S. and recreational areas for employees. Infosys out success. The Prime Minister explained The Chief Minister assumed the position in provides clients with business management that he has had several meetings with Paki- May 2006 and is a prominent leader, and true consulting, information technology (IT) con- stan’s President Pervez Musharraf and there believer, of the Communist Party of India- sulting, reengineering and maintenance sup- has been talk of normalizing relations. Marxist (CPI–M). He had been a Communist port, and outsourcing and offshoring serv- I expressed my appreciation for India’s party worker for 66 years and the party’s po- ices. The company was created in 1981 with 7 vote on Iran in the U.N. on nuclear prolifera- litburo member for 10 years. In India, the employees and $250. Today, it operates in 18 tion. The Prime Minister expressed that CPI–M politburo is a policy making com- countries and 50 major cities, employing India is not in favor of another nuclear state mittee which advises the government on how over 66,000 workers with 476 clients. The in the region and would oppose Iran having to rule. The CPI–M has a history of anti-U.S. Infosys CEO was recently named Forbes Asia nuclear weapons. We also discussed, more rhetoric, especially when it is the opposition Businessman of 2006. We discussed India’s broadly, the difficult situation in the Middle party. After the death of his father, the Chief well-educated labor pool and business com- East including the war in Iraq, the struggles Minister left school after just 7 years to as- parisons with China. in Israel, and Hezbollah in Lebanon. sist in his brother’s business. Our conversa- I met with Orissa Chief Minister Naveen We also discussed relations with China, Af- tion covered a number of topics including Patnaik to discuss the state of affairs in ghanistan, and Israel, the future direction of Communist thought and dialect mate- Orissa and elsewhere in the world. The Chief economic cooperation between the U.S. and rialism, the policies of President Bush, Minister, head of the Biju Janata Dal (BJD)- India, and Indian students in the U.S. We China, and Cuba. Bharatiya Janata Party (BJP) coalition, was also exchanged stories about our children In between events, we stopped briefly at first sworn in on March 2000 and then again and grandchildren. One of the Prime Min- Trivandrum’s Napier Museum where we saw in March 2004. He began his political career ister’s daughters graduated Yale Law School a vast collection of antique, cultural, and ar- in 1997 after the death of his father. He also and now works on civil rights in New York tistic artifacts. served in Prime Minister Vajpayee’s Cabinet City. I previously met with the Prime Min- Early that evening, I visited his Highness as Minister in charge of Steel and Mines. ister in 2001 when he served as the opposition Marthanda Varma Maharaja, the head of the Prior to his political career, Mr. Patnaik was leader in parliament. Royal family of Travancore, and other mem- a writer. We discussed the U.S./India Nuclear Following my meeting with the Prime bers of the Royal Family for high tea at the deal, the growing information technology Minister, I joined the Ambassador at his Kowdiar Palace. The Royal Family used ma- (IT) industry, steel and mining, tourism, the home for a country team briefing with his trilineal succession. Marthanda Varma’s difference between elections in India and the staff. We discussed the nuclear proliferation elder sister, Lakshmi Bayi, uses the palace lengthy process in the U.S., and global issues agenda of Iran and North Korea and its rela- as her residence along with her two daugh- including the war in Iraq. tion to India, which has stopped a cargo ship ters Gouri Parvathi Bayi and Gouri Lakshmi Later that evening, my wife and I attended from North Korea to Pakistan with equip- Bayi, and their children. Marthanda Varma’s a dinner hosted by Baijayant (‘‘Jay’’) Panda, ment for nuclear weapons. brother Bala Rama Varma was the last mem- a Member of Rajya Sabha, India’s par- We discussed in more detail the U.S./India ber to hold power. When Lakshmi Bayi’s liament. We discussed world affairs with Nuclear deal and the political fallout the uncle died, he became King as a small boy in some 20 prominent citizens of Bhubaneshwar Prime Minister is facing due to language in 1941. After his death in 1991, his Highness and toasted the successful relationship of the bill passed by Congress requiring a Presi- Marthanda Varma assumed the role as head our two countries. Born in 1964 and educated dential report on India’s efforts to keep Iran

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.010 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S542 CONGRESSIONAL RECORD — SENATE January 16, 2007 from becoming a nuclear power. We also dis- We discussed Syria’s role in Lebanon, its he said. He told me that Syria is cooperating cussed economic ties with India, outsourcing influence over Hezbollah, and its cooperation fully with the investigation and he expressed of American jobs, and China’s practice of with U.N. Resolution 1701 regarding the flow suspicion of political motives in the initial currency manipulation. He explained that in of arms to Hezbollah in south Lebanon. They U.N. Mehlis investigative reports, which said the coming years, the U.S., China, and India explained that Syria is a ‘‘corridor window’’ Syria was not fully cooperating. will continue to emerge as the world’s larg- for Iran to Hezbollah with strong support We discussed then-Secretary Colin Pow- est economic powers. through Damascus, and that high level polit- ell’s 2003 visit when, according to Mouallem, QATAR ical contacts play a role in the tensions in Powell arrived with six ‘‘take it or leave it’’ demands of Syria, including closing the bor- On December 24, I departed India for Al Lebanon through street protests and other ders, ending support for Hezbollah, ending Udeid Air Base near Doha, Qatar, as a stop- actions. They explained that President Assad support for Hamas in Damascus, and ending over on the way to Damascus, Syria. Upon has taken various positions on his influence its chemical program. He explained his pref- arrival I was greeted by U.S. Ambassador in Lebanon in his recent visits with Senator Bill Nelson, and then with Senators Chris- erence to seek solutions through dialogue, Chase Untermeyer and Michael Ratney, Dep- topher Dodd and John Kerry. not through demands and a threat of U.S. uty Chief of Mission, who briefed me on over- We discussed the February 2005 assassina- troops in Iraq next turning to Syria. He ex- all relations between the U.S. and Qatar and tion of former Lebanese Prime Minister plained that after their meeting, Powell held the importance of our air base there. While Rafik Hariri and the ongoing U.N. investiga- a press conference at a nearby hotel explain- at Al Udeid, I had an opportunity to visit tion into the matter. The State Department ing that Syria was not willing to work with with Pennsylvania troops stationed there. staff described second-hand accounts of the U.S. We exchanged stories, took photographs, and threatening conversations between President Despite this history, Mouallem told me I wished them a happy holiday. Assad and Hariri. They explained that the that he is ‘‘ready to turn this page’’ and seek SYRIA Syrians are experts at removing the com- constructive dialogue with the U.S. with the On December 25, I arrived in Damascus, mand structure from the evidence, making it objective of peace. Syria. My 16th visit included my 4th meeting difficult to establish facts to back up allega- We discussed Syrian relations with Iraq with President Bashar al-Assad. I had pre- tions. The first two reports U.N. reports by and the recent establishment of an embassy viously met his father, President Hafez al- Detlev Mehlis described Syrian interference in Baghdad. According to Mouallem, Syria Assad, on nine occasions and attended his fu- in the investigation. However, the most re- has taken in one million refugees from Iraq neral in 2000. During the course of my pre- cent reports by Serge Brammertz have de- and took another 300,000 Lebanese during the vious visits, I have found the dialogue with scribed Syrian cooperation with the inves- conflict with Israel this past summer. Re- the Syrian officials to be very helpful and tigation. gional stability is sought by the Syrians, he have carried messages to other foreign lead- Later that evening, I sat down with Syrian explained. He discussed the recent Memo- ers, including Israeli prime ministers, and Foreign Minister Walid al-Mouallem. He had randum of Understanding (MoU) for border back to the President of the United States. not accepted my offer for a meeting until I and security cooperation between Iraq and These visits have contributed to the discus- called him on the phone that afternoon. We Syria focusing on information exchange and sion of many issues with my colleagues in discussed a variety of issues including the improved presence and training on the bor- the United States Congress. U.S. presence in Iraq, Syria’s influence with ders. In our meeting, the Foreign Minister Upon arrival I was greeted by the Charge´ Hezbollah, peace negotiations with Israel, declined my request to have a copy of the d’Affaires, Mr. William Roebuck, and our the Hariri assassination, Syrian relations MoU. He suggested I get a copy from the State Department Control Officer, Mr. with Iraq, and Iran’s influence in the region. Iraqis. Hilary Dauer. Our first meeting was a Coun- We also discussed the peace process between The Foreign Minister pointed to U.S. mis- try Team Briefing at the U.S. Embassy in Israel and the Palestinians, and the com- takes in Iraq including our being unwilling Damascus with Mr. Roebuck, Mr. Dauer, and plications of a government led by Hamas. We to open dialogue with all factions of Iraqis the rest of the State Department staff: Maria recounted our previous visits and agreed including the Saddam-loyalists. If we don’t Olson, Acting Political/Economics Chief; that only through dialogue can we achieve a attract the ex-officers, he said they will sim- Allen Kepchar, Acting Consul General; Adri- common ground on the difficult issues at ply train the resistance. ‘‘They need to eat,’’ enne Nutzman, Acting Public Diplomacy hand. he said. He said that the Maliki Government Chief; David Hughes, Political Section; John The Foreign Minister told me that it is needs to be strong and decisive in disman- J. Finnegan, Jr., Management Counselor; Mi- time to rethink U.S. policy towards Syria. tling militias and that constitutional modi- chael Mack, Regional Security Officer; and He told me that isolating Syria was not fications are needed to assure unity in Iraq. Mike McCallum, Acting Defense Attache´. working and that we are isolating ourselves On the issue of a U.S. timetable for with- We discussed the difficulties associated at the same time. He blamed much of the in- drawal, he said that it would be immoral for with controlling a large border between stability in the Mideast to the Bush Admin- the U.S. to leave now and leave Iraq in the Syria and Iraq and a recent Memorandum of istration. He explained that in Syria, the hands of terrorists. He said that Syria, too, Understanding (MoU) between the nations to number one priority is peace in the region, wants real leadership in Iraq. He said that a control the traffic of foreign fighters from including an end to the Arab/Israeli conflict. timetable would oblige them to take over Yemen, Algeria, Kuwait, Saudi Arabia, and When I asked why a peace agreement has not and not leave a vacuum. elsewhere seeking to fight the U.S. forces in been completed with Israel, he told me that On the influence of Iran in the region, the Iraq. They explained that the Syrians have there is a ‘‘lack of political will’’ in Israel Foreign Minister was careful not to speak increased troops on the border and have built since Yitzhak Rabin’s assassination in 1995. for Iran, but noted that the U.S. may have new guard positions, but that serious dif- He told me that Syria is willing to negotiate missed opportunities to deal with more mod- ficulties still remain. with Israel without preconditions, but not erate leadership in the past. We discussed We discussed the public stance taken by without the ‘‘basis’’ of ‘‘land for peace.’’ Iran’s efforts to achieve a nuclear weapon Syria on their willingness to negotiate I asked if the problems with Hezbollah and he said there is a double-standard when ‘‘without preconditions’’ with Israel. The could be solved through a peace agreement we allow Israel to possess a nuclear weapon. State Department officials explained that in between Syria and Israel. He answered, I responded by telling him that unlike India reality, the Syrians are interested in start- ‘‘Without a doubt,’’ but then explained the which has recently been recognized by the ing any negotiations from where they pre- need to resolve the issue of the Golan U.S., Iran is not a responsible country and viously left off. This includes a return of the Heights and, in particular, Shebaa Farms, a has threatened to wipe Israel off the face of Golan Heights, occupied by Israel, as a small area of disputed ownership located at the Earth. ‘‘basis’’ for negotiations to resume. They ex- the junction of Israel, Syria, and Lebanon On the following morning, I met with Syr- plained that since Prime Minister Sharon controlled by Israel since 1967. When I asked ian President Bashar al-Assad at his Presi- took office, negotiations have been ‘‘frozen’’ if U.N. Resolution 1701 would be observed in dential palace in Damascus. Despite the Ad- with little interest on the Israeli side. We the absence of an Israel/Syria peace agree- ministration’s policy of isolating Syria, I be- discussed many issues including the Golan ment, the Foreign Minister told me that in lieve dialogue is important. My meeting and Syrian interests in Lebanon. history, no ceasefire can stand without a po- with President Assad in Damascus is part of We discussed the perceived power of Bashar litical solution. Thus, he said, it cannot increased Congressional oversight in ful- al-Assad as compared with the influence of stand forever. When I explained the distrust filling our constitutional responsibilities in his father. The State Department officials in the U.S. with Syria’s position that they do foreign affairs as a reaction to unprece- feel that he is not as strong as his father was not supply arms to Hezbollah, Mouallem dented turmoil in the Mideast. and does not rule with the same ‘‘iron fist.’’ asked me to present proof to the contrary. We discussed ways that Syria could help However, they explained that there is not He told me that Syria would respond quickly provide stability in Iraq by controlling the much opposition to President Assad within with corrective action if the allegation could border and the flow of fighters into, and out Syria. I asked if he is, or was, concerned be founded with documentation. of, Iraq. Assad said that both sides must with a U.S. attempt at regime change. They On the issue of the assassination of former make an effort, but Iraq is currently unable felt that he is less concerned now than when Lebanese Prime Minister Rafik Hariri, to fully enforce its border. However, a re- U.S. troops first entered Iraq. Ongoing U.S. Mouallem explained that Hariri was a friend cently signed Memorandum of Under- problems in Iraq and Afghanistan have eased to Syria and denied involvement in his mur- standing (MoU) between the two nations, fears that the U.S. would turn next to Syria. der. ‘‘No wise man can shoot his own finger,’’ which I had also discussed with the Foreign

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.012 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S543 Minister, might help the situation. President captured by Israel, but that a mediator was doing a good job of pressuring Iran, but said Assad agreed to provide a copy of the MoU. needed. I also asked President Assad about that the ‘‘noose must remain tight.’’ President Assad explained that Syria has an Israeli soldier, Guy Hever, who went miss- On the afternoon of December 27th, we met an interest in a stable Iraq, but that U.S. ing in the Golan Heights in 1997 and is sus- with Israel’s Foreign Minister Tzipi Livni. policies have created instability by ignoring pected to be in a Syrian prison. He said that We discussed President Assad’s interest in political issues and instead focusing on secu- perhaps the soldier was lost in the high negotiating a peace agreement with Israel. rity issues. He attributed much of the sec- mountains during the winter. She suggested that while President Assad tarian violence in Iraq to the Iraqi Constitu- I asked President Assad about the Iranian may be sending signals for negotiations, in tion, as it is currently written. He discussed President Mahmoud Ahmadinejad and his reality he may just want to ease the inter- a national conference which could be held in comments about wiping Israel off the face of national pressure that currently exists on Damascus that would bring all relevant the earth. President Assad said that he is not Syria due to the Hariri investigation and al- groups in Iraq together in an attempt to stop as radical as we think and that we should legations of arms transfers to Hezbollah. She the violence. He explained that U.S. involve- talk to him. He said that his denial that the said that Syria’s intentions must be clearly ment would be important, but that the con- Holocaust occurred is his own opinion. Presi- understood before engaging in talks. I told ference could not be seen as having been or- dent Assad expressed his opposition to nu- her that President Assad said a mediator was ganized by the Americans because of our clear weapons in Iran, or any other country needed to allow for the release of the two poor image with many Iraqi factions. He told in the region, including Israel. captured Israeli soldiers. She said that Kofi me that the Prime Minister of Turkey has I raised the issue of the security of the U.S. Annan had already tried, but little progress already agreed, in principle, to participate. Embassy in Damascus. He explained that his is actually being made. President Assad expressed the importance of own office is very close to the U.S. Embassy Overall, she said little progress is being Iran’s participation in the national con- and that the entire area is well protected. made right now on either the Israel/Syria ference. Iran, he said, is a nation which also Closing the street, he said, would not im- front or between Israel and the Palestinians. does not want complete chaos in Iraq. prove security as it would still be vulnerable ‘‘Only headlines,’’ she said. She said there is We discussed the possibility of resuming to missile attack. Instead, he suggested that a desire to negotiate with Palestinian mod- peace talks with Israel, continuing my dis- the Embassy move to a new area outside Da- erates towards a two-state solution and said cussion from the night before with the For- mascus and a pledge of timely approvals and she ‘‘smelled signs’’ of progress, as evidenced eign Minister. President Assad explained availability of land was made. by a recent December 23rd meeting between that negotiations without preconditions President Assad told me that he wanted to Prime Minister Olmert and Palestinian means that any further negotiations must travel to the U.N. General Assembly meeting President Mahmoud Abbas. When I noted start from the foundation of the Madrid in New York in 2005, but the U.S. govern- that we live in a changing world where ter- peace conference in 1991 and on where nego- ment would not issue a visa. rorist groups want to participate in politics, tiations with former Israeli Prime Minister Before leaving Syria on December 26, I held she suggested that rules should be estab- Rabin left off. When I asked what Israel a press conference at the airport to discuss lished to prevent such practices. would get in exchange for the Golan Heights, my meetings. We discussed Israel’s decision-making President Assad said that Israel would get process and its practice of consultation with ISRAEL normal relations and peace with both Syria the U.S. before taking action. Foreign Min- and Lebanon, and that issues related to On December 26, we departed Damascus for ister Livni explained that the U.S. and Israel Hezbollah would be ‘‘solved simply.’’ He ac- Israel. Our travel required a technical stop share many of the same values and interests knowledged the importance of the U.S. in in Amman, Jordan. Upon our arrival in in the region and it does not benefit either the peace process, but said that there is cur- Israel, we were met by Peter Vrooman of the country to surprise the other without first rently ‘‘no vision for peace.’’ U.S. Embassy in Tel Aviv who briefed me on consulting on an issue. I agreed. I urged We discussed Syria’s role in Lebanon and the current issues while on the long car ride Israel to be independent and to follow its allegations that it was involved in the assas- to Jerusalem. Along the way, we stopped at own interests. sination of former Lebanese Prime Minister my father’s gravesite in Holon, Israel. On the issue of Iran, Foreign Minister Rafik Hariri. President Assad told me that On the morning of December 27th, I met Livni said that the world cannot afford to despite the conflicting reports in the Melhis with the U.S. Ambassador to Israel, Richard allow Iran to possess nuclear weapons. She and Bremmertz investigations of the Hariri H. Jones. I briefed the Ambassador on my expressed her fear that a ‘‘domino effect’’ assassination, Syria will continue to give its meetings with the Syrian Foreign Minister could occur where others in the Mideast will full support to the U.N.’s investigation. and President in Damascus. We discussed the either appease Iran in the interest of safety, President Assad denied any threatening con- details of the land issues related to the or they will seek nuclear weapons of their versation in which he threatened to break Golan Heights and Shebaa Farms, the fragile own for deterrence. She cited the need for Lebanon over the head of Hariri, as was re- ceasefire created under U.N. Resolution 1701 stronger, ‘‘real’’ sanctions against Iran. counted by various second-hand witnesses in and the need for a political solution, the per- That evening the Ambassador and I met the U.N. reports. He described some concerns ception that the U.S. would seek regime with Israeli Prime Minister Ehud Olmert at with a U.N. tribunal on the Hariri assassina- change in Syria following the 2003 invasion his offices in Jerusalem. I briefed the Prime tion and stressed that it should follow the of Iraq, and the U.S. policy of pressuring Minister on my meeting with Syrian Presi- Lebanese constitution. Syria through isolation. We discussed the dent Bashar al-Assad. I told him that Presi- On the issue of Syria allowing arms ship- threat posed to Israel by Iran and discussed dent Assad says he wants to negotiate with ments to Hezbollah, President Assad said the positive impact of Saddam Hussein’s re- Israel and that he says he can be helpful in that such allegations should be backed up moval for Israel. dealing with Hamas and Helzbollah. The with evidence. He said that missiles could Later that morning, the Ambassador and I Prime Minister said he was ‘‘more than in- not be smuggled discretely ‘‘like drugs on met with former Israeli Prime Minister Ben- terested’’ to hear this message, but also said, the back of a donkey,’’ but could only be jamin Netanyahu. I told him about my trip ‘‘I don’t want to fool myself and my friends.’’ transported by truck. On a related note, and my meetings with Syrian President He cited Syrian support for terrorist groups President Assad warned that a decreased Assad. We discussed the Syrian President’s including Hamas, a group whose leader presence of Hezbollah in Lebanon would interest in resuming peace negotiations from Khaled Mashal ‘‘sits in Damascus.’’ He said mean an increased presence of al-Qaeda, where they last left off, with the obvious in- Israel would need a ‘‘credible sign’’ that which is already active in northern Lebanon. clusion of the Golan Heights in any discus- Assad is sincere before giving him legit- Overall, he told me that Syria still has con- sion. Netanyahu explained that peace is imacy that he currently doesn’t deserve. siderable influence in Lebanon, but that Syr- based on deterrence and that once you give The Prime Minister described resolving the ia’s ‘‘happiest day’’ was when his army left Syria the Golan Heights, one must ask them- conflict with the Palestinians as his top pri- Lebanon. selves what remains to keeps President ority. The Prime Minister told me about his We discussed issues relating to Hamas in Assad to his word of providing normal rela- meeting on December 23rd with President the peace process between the Palestinians tions and peace. He told me about his 1998 Mahmoud Abbas. He described it as an im- and Israelis. While unity would be needed discussions with Hafez al-Asad which abrupt- portant bilateral step without the assistance among the Palestinians, he noted that ly ended in disagreement over the Golan of the U.S., or anyone else. He characterized Hamas is now talking about the so-called Heights. The former Prime Minister told me the meeting as ‘‘very difficult, but very sig- ‘‘line of 1967’’ as part of future negotiations, that, unlike the statements of Syria, he does nificant.’’ As a result of that meeting, he a softening of position. He said that without have preconditions to talking with Syria, said $100 million would be unfrozen for hu- a comprehensive peace agreement including namely that they stop waging war against manitarian and security purposes. everyone in the region, we would have a Israel. ‘‘They are killing my countrymen,’’ On the issue of U.S. involvement in Iraq, ‘‘time bomb’’ waiting to happen. he said. he said he was glad that Saddam Hussein is I asked President Assad about the two We also discussed the Iranian President’s gone. He would not give his opinion on Israeli soldiers captured at the beginning of comments regarding the Holocaust never whether the U.S. should draw back its forces. the conflict between Israel and Hezbollah on happening and his desire to see Israel wiped He did note that pulling out prematurely Israel’s northern border this past summer. off the earth. I related Iran’s nuclear ambi- ‘‘would encourage radical countries.’’ He said that they are ready to negotiate a tions to those of India, a country which can On the issue of Iran, the Prime Minister release in exchange for some 20 individuals be trusted. He told me that President Bush is described Ahmadinejad as a ‘‘madman’’ in

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.014 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S544 CONGRESSIONAL RECORD — SENATE January 16, 2007 control of a nation of over 70 million people. and not in violation of its commitment to Hezbollah and Israel, Italy has played a He suggested that economic measures should the U.S. of no new settlements. major role in the peacekeeping operation by also be taken outside of the U.N. Security We discussed my meeting with Syrian providing 2,400 troops, the largest contingent Council to pressure Iran, particularly from President Assad, the potential for future of any country. They are also playing an im- European Union member countries. talks with Israel, the difficult situation of a portant role in Afghanistan with some 2,000 Despite the regional difficulties, the Prime Hamas majority in government, the possi- troops. Italy also has some 3,500 troops sta- Minister told me that the economic situa- bilities for new elections, and the need to en- tioned in the Balkans. tion in Israel is better than ever. Over the gage in dialogue with Iran. We also discussed the judicial structure in last year, Israel has seen a positive balance Early that evening back in Jerusalem, I Italy where there are three independent lev- of trade with overall growth of 4.8 percent met with the mother of an Israeli soldier, els of jurisdiction, the latest developments and low inflation. Before the conflict in Guy Hever, who is believed to be a prisoner on the reported Italian cooperation with CIA south Lebanon, growth was projected at only in a Syrian jail. Mr. Hever disappeared on renditions, Italy’s economy, and its relations one percent. the Golan Heights near the Syrian border on with Iran. They explained that Italy, which On the morning of December 28th, I held a August 17, 1997. I previously met his mother has a sizeable amount of trade with Iran, has press conference at the David Citadel Hotel on November 6, 2002, and wrote President been put in a difficult situation by having to in Jerusalem to discuss my foreign travel, Assad asking for an inquiry into Mr. Hever’s support sanctions against Iran for its nu- particularly my meetings in Syria and in whereabouts. I raised the issue in person clear proliferation efforts. Israel. with the Syrian President on January 3, 2003, On December 30, 2006, we departed Rome, Following my press conference, I was and again in my most recent meeting on De- Italy, and returned to the United States. I ask unanimous consent that the fol- joined by Michael Schreuder of the U.S. Con- cember 26, 2006. lowing be included in the CONGRESSIONAL sulate in Jerusalem, and by Jake Walles, That evening in Jerusalem, I met with RECORD as if read on the Senate floor: Consul General and Chief of Mission in Jeru- Saeb Erakat, Head of the Negotiations Af- 1. My letter to Philip Mathew, Managing salem. We traveled into the West Bank for fairs Department for the Palestine Libera- several meetings in Ramallah. Editor of the Malayala Manorama in Kerala, tion Organization. We discussed my visit to India, dated December 22, 2006 Our first meeting in Ramallah was with Syria and its stability under the rule of Salam Fayyad, a Palestinian in the Third 2. An article from the Jerusalem Post President Bashar al-Assad. He told me that headlined ‘‘Arlen Specter ‘would meet’ Way party who was the Finance Minister of Hafez al-Assad used to ‘‘play Iran as a card, the Palestinian National Authority in the Ahmadinejad’’ dated December 28, 2006 but now Ahmadinejad plays Assad as a 3. An article I wrote for the Philadelphia Fatah government in 2002. He holds a Ph.D. card.’’ Inquirer for January 5, 2007 publication in economics from the University of Texas at On the situation with Hamas, he said there 4. My letter to President Bashar al-Assad Austin and has lived in the U.S. for over 10 is no alternative but to seek elections. How- dated January 5, 2007 years. He explained his interests in decency ever, he said that Fatah needs to change in and fundamental human values, qualities U.S. SENATE, a short period of time. It was beaten by a Washington, DC, December 22, 2006. which will help the Palestinian people be ‘‘party without a program.’’ If Hamas sees better neighbors to Israel. Philip Mathew, that Fatah remains weak and does not come Managing Editor, Malayala Manorama, We discussed his successful reforms in his up with a plan, it may call for elections three and a half years as Finance Minister. Kerala, India again and take more power in government. DEAR MR. MATHEW: I was very surprised by He explained that many of those reforms are We discussed the December 23rd meeting not being carried out by the current govern- your newspaper’s account of my interview between President Abbas and Prime Minister with your board of editors on December 19, ment. Olmert, a meeting Mr. Erakat attended. He He explained that despite the undesirable 2006 in Kerala, India. explained that many Palestinians did not Contrary to your report, as to the war in outcome of the January 2006 elections, he want to see the meeting occur and it fell into Iraq, I said only that had the U.S. known and other like-minded people are still trying place at the very last minute. He praised the Saddam didn’t have weapons of mass de- to make progress with Israel and are focus- courage and leadership of President Abbas struction we would not have gone to war. ing on providing security. He noted that for ‘‘sticking his neck out’’ to start some- Once there, we could not precipitously with- Hamas is having many problems because of thing. Permanent solutions were not on the draw and leave the country destabilized. their lack of governmental experience, but table. Rather, four committees focusing on I did not say that the U.S. war was widely still found it difficult to see how elections security, economy, prisoners, and sustaining characterized as being against the Muslim could be held in the near future. Hamas, he the ceasefire were created to attempt to an- community. said, is a real problem, because they do not swer the question of ‘‘where do we go from The U.S. has already explained that faulty recognize Israel and they judge right and here.’’ He explained that a third party in ne- intelligence led to the conclusion that Sad- wrong based on ideology and fixed notions of gotiations is helpful, but that the ‘‘real dam had weapons of mass destruction. Be- the world. He acknowledged that Hamas will work’’ must be done on a bilateral basis. He yond faulty intelligence, I did not say that always be part of the system, but he hoped it expressed his optimism that future negotia- U.S. policy required more thoughtful consid- would not continue to be a majority. tions can succeed despite interference and eration. We discussed the recent meeting between violence spurred by Hamas. As to Guantanamo Bay, I said that the President Abbas and Prime Minister Olmert. Mr. Erakat requested that the U.S. Con- U.S. should allow habeas Corpus to deter- We also discussed the threat posed to Israel gress ease limitations on aid to Palestinians, mine if detainees are properly treated. by Iran and Syria’s behavior in Lebanon, citing the need to show that President Abbas As to a permanent seat for India on the which he characterized as ‘‘disgusting.’’ can deliver for his people. U.N. Security Counsel, I said that if the U.N. Fayyad said he has a harder time believing We also discussed Iran’s emerging influ- was being organized today India would be President Bashar al-Assad than he did his fa- ence in the region and its impact on the Pal- considered as one of the World’s five greatest Powers. ther. estinian people. Mr. Erakat suggested adding We then joined Hannan Ashrawi, also a Your reporting would certainly make me another nation to the maps instead of member of the Third Way party, for lunch in rethink granting another interview to your Ahmadinejad’s suggestion that Israel be Ramallah. She explained that under the editorial board on any future trip to Kerala, wiped off the map. Hamas government, the ‘‘republic has be- India. come polarized,’’ alternatives have not been ITALY Sincerely, permitted to rise, and people have lost their On the morning of December 29th, we de- ARLEN SPECTER. sense of volunteerism. According to Ashrawi, parted Israel for a stopover in Rome, Italy, there is currently no process for peace and on the way back to the U.S. Upon our ar- [From the Jerusalem Post, Dec. 28, 2006] there hasn’t been since 2000. However, she ex- rival, we were greeted by our State Depart- ARLEN SPECTER ‘‘WOULD MEET’’ plained that some options exist for President ment Control Officer Mikael McCowan. We AHMADINEJAD Abbas to negotiate, even though the powers drove to the U.S. Embassy and discussed a (By Herb Keinon) of the President were reduced in 2002 when variety of issues during a Country Team Senator Arlen Specter, a Republican from the position of Prime Minister was created. Briefing with the embassy staff headed by Pennsylvania who broke ranks with the Bush We discussed the Palestinian distaste for Ms. Anna M. Borg, Deputy Chief of Mission. Administration and met Syrian President Israeli occupation within the West Bank. Ambassador Ronald P. Spogli was not in Bashar Assad earlier this week, said Thurs- She said that Israeli occupation includes Italy during my visit. day in Jerusalem that he would now like to control over the airspace, borders, and We discussed U.S. relations with the new sit down and talk with Iranian President checkpoints. She described the difficulties of ‘‘left of center’’ government which has with- Mahmoud Ahmadinejad. carrying out even the most mundane tasks drawn Italy’s 3,000 troops from Iraq. We dis- Asked by The Jerusalem Post if he would as a Palestinian, such as going to the air- cussed other forms of military cooperation like to meet the Iranian President, Specter— port. She described the checkpoints as being between the U.S. and Italy, including ties in Jerusalem for a series of meetings as part there ‘‘to humiliate.’’ We discussed the tech- with American businesses selling arms to of a regional tour—replied, ‘‘You bet I would nicalities of what appears to be a new settle- Italy. Elsewhere, Italy has some 8,400 troops like to, and give him a piece of my mind.’’ ment in the West Bank, which Israel claims stationed around the world. Following on the The present US policy is not to engage in is only an expansion inside an existing area summer conflict in Lebanon between high-level dialogue with either Syria or Iran,

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.017 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S545 even though the recently published Baker- creased congressional oversight in fulfilling efforts to persuade Assad to accede to Hamilton report advocated actively engag- our constitutional responsibilities in foreign Shamir’s terms had any effect is speculative, ing those two countries. Bush has said he affairs as a reaction to unprecedented tur- but it is a fact that Syria went to the Madrid would not change his policy regarding those moil in the Middle East. As I mentioned in Conference in 1991 sponsored by the United two countries; Specter thinks he should. an extensive Senate speech in the July 16, States and the Soviet Union. ‘‘I disagree with the policy of not dealing 2006, Congressional Record, and also in an ar- Shortly after becoming Israeli prime min- with Iran,’’ he said. ticle in the current issue of the Washington ister in 1996, Benjamin Netanyahu an- ‘‘When he [Ahmadinejad] says he wants to Quarterly, significant results have flowed nounced that Israel would hold Syria respon- wipe Israel off the face of the earth, I’d like from my meetings with foreign leaders (some sible for Hezbollah’s attacks on Israel. Syria to tell him how unacceptable that is,’’ Spec- of whom have been unsavory), over the last then realigned its troops near the border ter said, explaining what he would tell two decades. with Israel, creating considerable tension in Ahmadinejad. The starting point is a senator’s constitu- the region. Netanyahu asked me to carry a ‘‘When he says there was no Holocaust, I’d tional duty to participate, make judgments, message to Assad that Israel wanted peace, like to tell him about the Holocaust sur- and vote on foreign affairs. In 26 years in the which I did. I was later credited by Syrian vivors I’ve talked to, and about how much Senate, I chaired the Intelligence Committee Foreign Minister Walid al-Moualem with evidence there is about the Holocaust. Yes in the 104th Congress and have served on the aiding in relieving the tension. I’d like to see the president of Iran, he could appropriations subcommittees on defense In many visits to Damascus, I urged Assad to let Syrian Jews emigrate. Assad at first use some information,’’ he said. and foreign operations. Senators vote on refused, saying it would be a brain drain. It Specter brushed aside the criticism of his ratification of treaties, on the confirmation is hard to say whether my appeals influenced trip to Damascus that was voiced by some in of cabinet offices including the Departments Assad’s later decision to let the Syrian Jews the Bush Administration who argued that of State and Defense, and on appropriations go. These and other results from my many his visit, as well as recent visits by three of $8 billion a month for Iraq and Afghani- stan and more than $500 billion annually for trips to Damascus are cited in contempora- democratic senators, granted legitimacy to neous Senate floor statements reporting on the Syrian government. Specter said that as military and homeland defense. Under the constitutional doctrine of separation of pow- those visits. a member of the powerful Senate appropria- More, rather than less, congressional at- ers, senators are purposefully independent of tions committee that sends billions of dol- tention is needed on U.S. foreign policy gen- the executive branch to provide checks and lars each year to the Middle East, he was erally and on the Middle East in particular. dutybound to see first hand what was hap- balances. Accordingly, Congress has a vital While we can’t be sure that dialogue will pening in the region. role in the formation and execution of for- succeed, we can be sure that without dia- Specter said that while he acquiesced to eign policy. logue there will be failure. the Bush Administration’s request not to My foreign travels have included 16 visits to Damascus since 1984 involving nine meet- visit Damascus on previous tours to the re- U.S. SENATE, ings with President Hafiz al-Assad and four gion last December and August, ‘‘this year in Washington, DC, January 5, 2007. with his son, President Bashar al-Assad. coming it seemed to me that the Administra- His Excellency BASHAR AL-ASSAD, When the administration asked me not to go tion’s program is not working.’’ President, Syrian Arab Republic, to Syria when I was in the region in Decem- Regarding what he hoped to achieve by Damascus, Syria. going to Damascus, Specter said, ‘‘I believe ber 2005 and August 2006, I deferred to that DEAR PRESIDENT ASSAD: I am writing to that all the wisdom doesn’t lie with the Ad- judgment. But now—with the Middle East thank you for your hospitality during my re- ministration, there are others of us who have embroiled in a civil war in Iraq, a fragile cent visit to your country. I found our dis- studied the matters in detail, have made cease-fire between Hezbollah and Israel, and cussion to be very insightful and believe it contributions in the past, and have some- warfare between Fattah and Hamas under- will prove useful as I continue to advocate thing to add here.’’ cutting any potential peace process between for a renewed dialogue between our govern- The senior Pennsylvania senator said that Israel and the Palestinians—I decided it was ments. I would also like to renew a request while he had a great deal of respect and ad- time for Congress to assert its role in foreign for your assistance in determining the fate miration for US President George W. Bush, policy. My decision was influenced by the of Mr. Guy Hever, an Israeli soldier who dis- there were issues with which he did not 2006 election, which rejected U.S. policies in appeared from the Golan Heights on August agree with the president, and that it was his Iraq, and by the Baker-Hamilton Group re- 17, 2006. I have raised this matter with you responsibility ‘‘to speak up, and do so in an port on Iraq, urging direct dialogue with for- on several occasions, most recently during independent way.’’ eign adversaries including Syria. our meeting on December 26, 2006. Specter said he did not believe that his My talks with Assad, following his meet- According to information provided to my visit ‘‘alters the issue of legitimacy’’ regard- ings with Sens. Bill Nelson (D., Fla.), Chris office, at the time of Mr. Hever’s disappearing Syria, and pointed out that the US Dodd (D., Conn.), and John Kerry (D., Mass.), ance, he was dressed in army fatigues, wore talked to the leaders of the Soviet Union produced his commitment to tighten the a military disk numbered 5210447, and carried even though there was a Cold War for dec- Iraqi-Syrian border to impede terrorists and a key chain and identification papers (Gene- ades, and that the US talked with the Chi- insurgents from infiltrating Iraq. In my va Convention Card). Despite a thorough nese despite disagreements over slave labor. meeting, Assad made a new offer for Syria to search, no trace of the missing soldier has Specter reiterated what he said in Damas- host an international conference with all ever been found. Some have suggested that cus earlier this week, that the Syrians were factions in the Iraqi conflict and other re- Mr. Hever may have illegally crossed the interested in entering into negotiations with gional powers to try to find a formula for Israeli-Syrian border, leading to his deten- Israel without preconditions, and that Syr- peace. I carried a strong State Department tion in a Syrian jail. ian President Bashar Assad had told him message to Assad concerning Syria’s obliga- I have twice met with Mr. Hever’s mother, that in return Syria could be helpful in deal- tions under U.N. Resolution 1701 not to arm most recently on December 28, 2006. The long ing both with Hamas and Hizbullah. Hezbollah, and Syria’s obligations to cooper- interval of time which has passed since Mr. Specter said that Assad denied that arms ate with the U.N. investigation into the as- Hever’s disappearance has caused his family were being smuggled into Lebanon through sassination of Lebanese Prime Minister great pain. Given that your personal inter- Syria. Hariri. vention could potentially end the Hever’s Asked whether he believed Assad, Specter, Israeli Prime Minister Ehud Olmert was family’s search for answers, I respectfully re- who has met with him five times and with interested in the nuances of my conversation quest that you order an inquiry to determine his father Hafez Assad nine times, said, ‘‘I with Assad on Syria’s potential assistance if any Syrian authority could assist in re- don’t know, I can not make the judgment on with Hezbollah and Hamas as part of an solving Mr. Hever’s whereabouts and well that, the Israelis will have to do that.’’ Israeli-Syrian peace treaty involving the being. Specter, who has served in the senate for 26 Golan Heights. When I met with Olmert, he Thank you once again for your hospitality years, said that the situation in the Middle appeared to be moderating his prior opposi- and your consideration of this request. East is more problematic now than at any tion to Israeli-Syrian peace talks, perhaps as Sincerely, time since he was first elected. a result of many voices, including mine, urg- ARLEN SPECTER. ‘‘I do not see anyway out except through ing him to do so. f In previous trips to Damascus, especially dialogue,’’ he said. ‘‘I do not think there are PRO BONO REPRESENTATION FOR any assurances that dialogue will succeed, in the 1990s, I relayed messages between but I think there are assurances that with- then-President Hafiz al-Assad of Syria—who GUANTANAMO DETAINEES out dialogue there will be failure.’’ initially refused to participate in an Inter- Mr. SPECTER. Mr. President, I note national Conference with Israel unless spon- another Senator in the Chamber wait- [From the Philadelphia Inquirer, Jan. 5, 2007] sored by all five permanent members of the ing to speak, so I will be relatively Security Council—and then-Prime Minister WHY CONGRESS CAN AND MUST ASSERT ITSELF Itzhak Shamir of Israel. Shamir would at- brief in comments on one other sub- IN FOREIGN POLICY tend such a conference only if it were orga- ject. (By Sen. Arlen Specter) nized by the United States and the Soviet I note that an official in the Depart- My recent meeting with Syrian President Union. Shamir did not want to deal with four ment of Justice has challenged the at- Bashar al-Assad in Damascus is part of in- adversaries and only one friend. Whether my torneys who have been doing pro bono

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.025 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S546 CONGRESSIONAL RECORD — SENATE January 16, 2007 work for detainees at Guantanamo, But today there are even stronger He had a method. I asked him one raising an issue as to whether that rep- cheers coming from the angels in Heav- time: Larry, how do you decide where resentation is proper and raising the en because today the angels in Heaven you go to spread this money? suggestions that their corporate em- are cheering for a lifetime of kindness He said: I try to go places where peo- ployers might be interested in recon- and compassion that belonged to the ple are doing their best to get by. sidering their employment based on Missouri legend, Larry Stewart. So we would travel to autopart stores their representation of the detainees at Larry was known by many names— where people at the Christmas season Guantanamo. dad, son, husband, friend—but his fa- were trying to buy that battery to It is a little hard to understand how vorite name was Secret Santa. This make that car work. We would travel anyone in 2007 would raise a question was a title that was given him by hun- to bus stops where he would love to about pro bono work being done by dreds and thousands of anonymous peo- find people dressed in fast-food uni- lawyers who may be undertaking or ple he had helped over the 26 years that forms trying to catch a bus to work. who are undertaking unpopular causes. he had a very special way of cele- The Suburban would slow down, and That has been the long tradition of the brating our Christmas holiday. Larry would hop out. We would all get legal profession. Larry Stewart knew something of out. Quickly he would approach the The first noteworthy example was the life of those he had helped, but like people and stuff $100 bills in their Andrew Hamilton, a famous Philadel- any legendary, larger-than-life super- hands and say: Merry Christmas. phia lawyer who represented Peter hero, he remained mysteriously anony- Astonished, these people would look up suspiciously, thinking that maybe Zenger at the time when there were mous until the closing days of his life. something was wrong. Then they real- hostilities between the United States He grew up poor in Mississippi, later ized: It was just a wonderful, kind man and Great Britain. Andrew Hamilton telling stories about how he resorted to sleeping in his car early on just to get spreading Christmas cheer. took on an unpopular cause and set the We would go into laundromats. We by. He, in fact, was homeless. standard for lawyers to do just that. would go into 7–Elevens. We would go He told a story of how in 1971 he was I recollect the trials under the Smith anywhere that Larry thought he would eating in a diner, and when the time Act of the Communists where lawyers find people who were doing their best came to pay for his meal, he realized he of the highest repute undertook the and having a difficult time making didn’t have the money. He saw a $20 representation of the defendants in ends meet during the holiday season. I bill had been dropped next to him on those cases, a highly unpopular matter. watched Larry Stewart hand out thou- the counter, and he got the attention And in the Philadelphia prosecution of sands and thousands of dollars to peo- of the man he had seen drop the $20 the Smith Act, some of the most dis- ple who were astonished at his gen- bill. The man turned out to be the tinguished lawyers of the city, again, erosity, strangers he had never seen be- owner, and the $20 bill had been undertook that representation. fore and would never see again. Every A lawyer’s duty is to undertake the dropped on purpose. It was a subtle gift Christmas, year after year, this was his representation of a client, and it is up trying to not make Larry Stewart feel tradition. to the court to make a decision on uncomfortable about not having the Those sleigh rides I took with Larry whether the attorney is right or the at- money to pay for his meal. Larry Stew- Stewart are some of the most memo- torney is wrong. art would never forget that moment. rable days of my life. I will never for- This challenge by a Department of Years later in 1979, well into his ca- get the feelings that washed over me as Defense official is in line with the re- reer as a businessman, he faced his sec- I watched the true spirit of Christmas cent position of the Department of Jus- ond Christmas season unemployed. in operation. tice in seeking to limit the right to Worried about how he was going to On every sleigh ride he would always counsel for corporate officials who are take care of his young family and re- find some special recipients. This was being investigated, with the Depart- ceiving the news that he had just lost research he did ahead of time, trying to ment of Justice under the so-called another job, he saw a carhop working find families who were really in need. Thompson memorandum taking the po- outside in the cold with very little to The stories that I have to tell of those sition that charges might be increased keep her warm. Faced with the situa- special moments I can literally cry if the firm and the individual did not tion that his problems were not as seri- thinking of what I witnessed. waive the attorney-client privilege. ous as hers, he gave the woman a $20 I remember one instance where we Then the Department of Justice ob- tip, and the joy that $20 tip gave him drove to the suburbs of Kansas City jected to the firm paying the legal fees. began a tradition that lasted the next and pulled up in front of a very modest A Federal judge in the Southern Dis- 26 years of his life. home. I asked Larry what he was trict of New York has already declared I was lucky enough to be in his very doing. He explained to me that there it unconstitutional to challenge the wide circle of friends in Kansas City. I was a woman who lived in this house payment of the legal fees. was even more fortunate because there who had to get dialysis three times a I have introduced legislation which was a time when he turned to me and week. She lived with her daughter. Her would revise the Department of Justice said: Claire, would you like to go on a daughter was a single mom with three policy even further than the revision sleigh ride? kids. They had a broken down van, and by Deputy Attorney General McNaulty I said of course, welcoming the op- her daughter would have to arrange her in the so-called McNaulty memo- portunity to see Larry Stewart do what three jobs she worked to try to take randum. really no one else realized he was her mother into Kansas City for dialy- But when lawyers undertake the rep- doing. sis, and invariably the van would break resentation of individuals in unpopular The sleigh ride went something like down. causes, they are entitled to praise and this: We met at Larry’s home early in Larry heard about this situation, and not criticism. the morning near Christmas. He wore this was going to be one of his special I thank the Chair and yield the floor. always white overalls—he was a big Christmas gifts. He had a van outfitted The PRESIDING OFFICER (Mr. man—white overalls with a bright red with a handicap ramp for her wheel- PRYOR). The Senator from Missouri. flannel shirt. We would sit in his kitch- chair, a brandnew van, and he had it f en drinking coffee. He would be exuber- fixed up with a giant red bow. He had ant with excitement as to what was someone driving it who had a remote- TRIBUTE TO LARRY STEWART, going to happen that day. He would controlled walkie-talkie. SECRET SANTA stuff his pockets with mountains of Up we go to the front door of this Mrs. MCCASKILL. Mr. President, cash. His dear friend, Tom Phillips— house. Larry pounds on the door in his this afternoon I will have the glorious then a sheriff’s deputy, now the sheriff white overalls and red flannel shirt, opportunity to travel to the White of Jackson County—would accompany and peeking through the door is the House to celebrate the 2006 World us to make sure that our journey was very suspicious daughter. I am stand- Champion St. Louis Cardinals, and the safe, and off we would go in a large ing over to the side watching all this. echoes of the cheers of St. Louis I will Suburban with another few fortunate Larry says to this woman: Merry hear. friends to watch Santa do his work. Christmas. I hear that you are having a

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.014 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S547 hard time getting your mom to dialy- national media attention about which This ethics reform bill is vitally im- sis. he could care less. Frankly, he didn’t portant to Congress and the American You can hear her mother in the back- even want to handle it. But he was ex- people. Over the past few years, the ground saying: Who is it? Who is it? cited because he realized he had an op- media has been filled with stories of Who is it? Her mother, with difficulty, portunity to spread what he had done elected officials who have violated the comes to the door and is standing just to others and hopefully have it catch public trust often in their dealings behind her daughter. on. He loved hearing the stories, but he with lobbyists. Each episode of public This daughter says: Yes. continually said to all of us this was corruption contributes to the public’s You can see the broken down van in not about him. It was God’s work. He growing cynicism about Congress and the driveway. was merely a servant of his Lord. other institutions of Government. Larry says: I want to try to help to I ask the Senate to join me in hon- First, let me say, lobbyists are not a see if we can’t get your mom to dialy- oring and celebrating the life of Larry class who should be denigrated in any sis with a little more reliability, and Stewart, Missouri’s own Secret Santa. way. They render a vital service to with that he talks into the walkie- I ask that this distinguished body join their constituents and to Congress. So talkie and says: me in extending our greatest sym- I want everyone to know we are not Bring it around. And around the cor- pathies to his family: Paulette, Joe, trying to berate lobbyists. What we are ner comes the new van with a big red John, Kim, and Mark, and the thou- saying with this legislation is we need ribbon on it. It pulls into the driveway, sands who, like me, were fortunate to know more about what lobbyists are and with that, Larry hands the daugh- enough to call him a dear friend. doing. I think it is going to help them, ter an envelope with $10,000 in cash in Mr. Stewart’s gifts of hope touched it will help us, and it will certainly it and says: Merry Christmas. many recipients. However, the compas- give the American people more con- He walks away and says: The title is sion that drove his generosity was confidence in Government. in the van. tagious to all who knew him and that Think what this country has gone Of course, you can imagine the reac- was even a greater gift. As we honor through. For the first time in 131 years, tion of these women—shocked, sur- Larry today, let us rejoice in his life, a person working in the White House is prised, joy. And, of course, I am balling remember his kindness, his sense of indicted. That trial is starting today. like a baby standing there, as all of us humor, and revel in his generosity. He In addition to that, a person the Presi- were. There were about four of us who was Santa. He was real, right down to dent appointed to handle Government watched this event. the twinkle in his eye. He loved others contracts involving billions of dollars, That is just one story I can tell, but as the good Lord intended. May his leg- Mr. Safavian, was led away from his of- imagine having the privilege of seeing acy of kindness always be a reminder fice in handcuffs and has been con- that kind of scene played over and over to us all to spread hope and compassion victed. several years in a row when I was for- to one another. Two former Members of the House of tunate enough to be on the sleigh ride. Mr. President, I yield the floor. Representatives are now in prison for This was an extraordinary man. Mr. REID. Mr. President, I note the selling legislative favors—in prison. A During the time he was playing Se- absence of a quorum. third Member of the House of Rep- cret Santa in Kansas City and across The PRESIDING OFFICER. The resentatives, one who has served as the our country, he gave out $1.3 million in clerk will call the roll. second highest official in the House of cash. Kansas City was lucky enough to The assistant legislative clerk pro- Representatives, was forced to resign receive most of his gifts, but he also ceeded to call the roll. from Congress because he was indicted. Mr. REID. Mr. President, I ask unan- landed his sleigh frequently in his There are other investigations going on imous consent that the order for the home State of Mississippi, Florida as we speak. If there were ever a time quorum call be rescinded. after the hurricanes, New Orleans after when Congress and the executive The PRESIDING OFFICER. Without branch needed to take dramatic action Katrina, New York after 9/11, and this objection, it is so ordered. to show the American people we are se- past Christmas, his last, knowing that rious about restoring public trust in it was probably his last, he traveled to f Government, this is the time. That is Chicago to spread cheer around his ETHICS AND LOBBYING REFORM what we have tried to do. dear friend Buck O’Neil’s neighborhood Mr. REID. Mr. President, there has That is what I tried to do with this where Buck O’Neil grew up poor. Buck been good progress made on ethics and legislation. In order to send a message O’Neil was one of his best friends and, lobbying reform. We have had a good about the importance of ethics reform, of course, another Kansas City legend debate. It is time to move to passage of I designated the bill as S. 1 and we lost last year. this meritorious legislation. brought it to the floor on the first day He told the public about his role as We will have three votes beginning at of legislative activity, meaning that it Secret Santa last Christmas, so the 5:30 this afternoon. First we will vote is an extremely important piece of leg- world knew who Secret Santa finally on the Durbin amendment to strength- islation in the minds of the country, was. Thousands of people who received en the definition of ‘‘targeted tax ben- the Congress, the Democrats, and the his generous spirit contacted him in efit’’ and other aspects of Senator Republicans. I say the Republicans be- the closing days of his life. He called DEMINT’s earmark disclosure proposal. cause I asked the minority leader to me on Christmas Eve to say this was I appreciate Senator DEMINT working cosponsor S. 1 with me, something that the most special Christmas of all be- with Senator DURBIN and others to hadn’t been done for more than 30 cause of the outpouring of love he had strengthen his amendment. years. I did this because I wanted to felt from all of the people he had Second, we will vote on the under- show this issue transcends partisan helped over the years. What Mr. Stew- lying DeMint amendment on earmark politics. art, who had built a fortune from noth- disclosure. The bill I introduced with Senator ing, may have seen as a small holiday Finally, we will vote to invoke clo- MCCONNELL on the first day of the gift was actually a gesture of compas- ture on an amendment that I offered 110th Congress is a very strong piece of sion so few experience or ever under- strengthening the rules on gifts and legislation. It is based on the text of stand due to the frenetic pace of our travel, including travel on private air- the bill that passed the Senate last lives. planes. Once cloture is invoked on that year. Known by his family and friends and key amendment, we can move forward What does it do? It prohibits lobby- colleagues for a soul born of kindness to finishing the bill this week. As I an- ists from giving gifts to lawmakers and and warmth and a personality as unas- nounced this morning, we are going to their staffs. It prohibits lobbyists from suming as his generosity was great, finish the bill this week. If we finish it paying for trips or taking part in pri- Larry kept his identity under wraps Thursday at 10 o’clock, we will be fin- vately funded congressional travel. It until this year. He was diagnosed with ished with votes for the week. If we fin- requires public disclosure of earmarks. esophageal cancer and in his last ish it Saturday at 10 o’clock, we will be It slows the revolving door by extend- months his identity was revealed. finished with votes for the week. But ing to 2 years the ban on lobbying by When word spread, he was flooded with we will finish this legislation. former Members of Congress.

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.015 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S548 CONGRESSIONAL RECORD — SENATE January 16, 2007 It makes pay-to-play schemes such as two amendments by Senator VITTER to fact that Senator ENSIGN had a long- the ‘‘K Street project’’ a violation of strengthen enforcement of ethics rules. standing engagement in Reno. To go Senate rules. Soon we will adopt the Durbin and from Ely to Reno—it is hard to get It makes lobbying more transparent DeMint amendments to require full and there. If you drive very fast, you can by doubling the frequency of reporting timely disclosure of all earmarks. The make it in 6 hours. So I called a friend and requiring a searchable electronic Durbin amendment is a necessary addi- of mine, Mike Ensign, Senator EN- database. tion to the DeMint proposal because it SIGN’s father. This good man has done The K Street project. What was that strengthens the definition of tax ear- very well in the business world. He is a all about? What it was all about is that marks and because it requires public man with limited education but a great lobbyists met with Members of Con- disclosure of earmarks before floor de- mind. He started out working in some- gress—initially they even met here in bate. In effect, we have combined the what menial jobs in the gaming indus- the Capitol, and then they moved the best ideas from both sides of the aisle, try. He worked his way up. He became meetings downtown at a later time. Democrat and Republican, to establish a dealer, a pit boss, a shift boss, and They would discuss what job openings the strongest possible disclosures rules then Mike Ensign moved into the cor- there were and, of course, the only peo- in this regard. Once we are done, the porate world and became an executive ple who were eligible for hire were Re- Senate earmark rules will be even and then ultimately started buying publicans and, in fact, companies actu- stronger than those recently adopted hotel properties himself and has done ally got in trouble with the K Street by the House. That is why I said we very well. He is the principal officer project, members of the Majority party need to look at what we are doing. Sen- and owner of Mandalay Bay, a huge at the time, for hiring Democrats. That ator DURBIN’s amendment gives the company. It is the second largest hotel- is what part of this legislation is going DeMint amendment structure that was casino operator in the country. I called to prevent. lacking last week in the original him and I said: Mike, with one of your This bill we have introduced, S. 1, amendment. That is why it didn’t pass. airplanes, can you fly me and your son would require for the first time the dis- Taxes need to be included in detail and to Ely? closure of shadowy business coalitions now will be when the Durbin amend- He is a wonderful man, just the that engage in the so-called ment passes. So the work done by Sen- greatest guy. He said: Sure, I will be ‘‘astroturf’’ lobbying campaigns. What ator DEMINT and Senator DURBIN is happy to do that. And he did that. He does this mean? It means these grass- noteworthy and very good. is an example of the type of people we roots campaigns will be able to con- After we vote on the Durbin and have called upon for these airplanes. tinue, but there will have to be disclo- DeMint amendments later today, we sure of paid campaigns that are, in ef- will vote on whether to invoke cloture I tell this story. I have used these fect, financing these so-called grass- on an amendment to strengthen the airplanes a lot because I live in Nevada roots campaigns. The American people ban on gift and travel bans in the un- and because of other duties I have here. should know why, suddenly showing up derlying measure. I recognize Senators The reason I tell the Mike Ensign story is because Mike Ensign doesn’t want here in Washington or the State cap- FEINGOLD, OBAMA, and MCCAIN have ital or one of the other States, these contributed to this and I appreciate anything from me. There isn’t a thing groups are trying to affect legislation, their work for a number of years in rein the world I can give this man. He is and they wonder why they are trying gard to airplane travel in this country famous, he is rich, he has a wonderful to do it. The fact is it is because we and other issues. This amendment will family. I can’t do anything to help have lobbyists representing different profoundly change the rules, banning Mike Ensign. He did this because he is organizations paying for all this. This not only lobbyists but entities that my friend. would be prevented. hire lobbyists from providing gifts and Most every—I should not say most. Even though S. 1 is an extremely travel. Most notably, it will require For every airplane I fly on, of course I sound, strong piece of legislation, I that when Senators travel on air- don’t have the relationship with them wanted to show that we heard the elec- planes, they must pay the full charter that I have with Mike Ensign, but I torate loudly and clearly. So the mi- rate. Last week I modified the amend- want everyone who has allowed me to nority leader and I offered a substitute ment to include additional ideas from use their airplanes to know I am not in amendment to make the bill even Senator INHOFE, FEINGOLD and MCCAIN. any way denigrating them. They have stronger. Not only did Senator MCCON- Let me say a word about corporate done this out of the goodness of their NELL and I, for the first time in three jets. The State of Nevada is very large heart. I have never had anyone say: I decades, cosponsor legislation which is areawise. The cities of Las Vegas and will give you an airplane ride if you the first bill to come before the Senate, Reno are separated by about 450 miles. give me something, or, I have a piece of but we moved even farther to include There is good travel between those two legislation pending, will you help me new protections to prevent dead-of- cities. But to get around the rest of the with that? That has never happened. I night additions to conference reports, State is not easy. When you travel want all these people to know that I to add new rules to say that Members from Las Vegas to Reno, I again say it am certainly not in any way dispar- may not engage in job negotiations is easy. But then let’s say you want to aging these good people who have al- with industries they regulate, to re- go to Elko. By Nevada standards, it is lowed me and others to fly on their air- quire fuller disclosure by lobbyists, to a pretty large city. Going on a com- planes. ensure proper valuation of tickets to mercial airplane, it is very, very, very What I am saying, though, is that in sporting events, to make sure that the difficult, and to go to Ely is next to im- this world in which we live, because of Senate gift and travel rules are en- possible. These two cities, both impor- all the corruption that has taken place forceable against lobbyists, and we tant in their own right, have required in the last few years here in America, toughened criminal penalties for cor- on a number of occasions calling upon that you not only have to do away with rupt violations of the Lobbying Disclo- people you know who have an airplane what is wrong but what appears to be sure Act. to take us up there. Under the old wrong. I am confident I have never Senator MCCONNELL and I offered the rules, you could pay first-class travel. been influenced by anyone who pro- substitute amendment at the start of An example of that is Senator ENSIGN vided me with the courtesy of a private the debate, and it remains pending. and I, last August, had to go to Ely. It airplane, but I have come to the real- Since then, we have had a debate in the was extremely important. We were ization that this practice presents a Senate that strengthened the bill even working on a piece of legislation that major perception problem. It is a major more. The Senate has adopted other has since passed. We wanted to sit perception problem because the Amer- amendments on a bipartisan basis, in- down in person and talk to the people ican people have the right to insist cluding Senator KERRY’s amendment in Ely about what we were doing. that we do what seems right as well as to strip pensions from Members con- For us to get there was very difficult. what is right. Does it appear it is OK? victed of corruption, Senator The time factor was significant. To For us to fly around in these airplanes SALAZAR’s amendment to ensure public drive up and back is 2 days, 1 day up, 1 doesn’t appear to be the right thing, no access to committee proceedings, and day back. It was complicated by the matter how good-hearted these people

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.017 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S549 are, just like Mike Ensign. So because the full Senate. I have spoken about the bill, but I would like, since there is a perception isn’t right, this amend- this in detail, in fact, in my last con- only one Senator on the floor, to ask ment is pending, and it means Senators versation with Senator LIEBERMAN this the body’s indulgence and ask unani- should pay the full fare when they fly morning. mous consent to speak in morning on someone’s private airplane. This is There are other pending amendments business. an important amendment. Any Senator that have nothing to do with ethics and The PRESIDING OFFICER. Without who is serious about ethics reform will lobbying reform. The line-item veto is objection, it is so ordered. vote to invoke cloture so this amend- a good example. It has no place in this f bill. I have great respect for Senator ment can be included in the final bill. APPOINTMENT OF UNITED STATES JUDD GREGG from New Hampshire. He In the course of this debate on this ATTORNEYS bill, the Senate has properly focused on is a wonderful man and a great Sen- ethics and lobbying reform, not on ator. But on this bill is not the place to Mrs. FEINSTEIN. Mr. President, I other matters, such as campaign re- bring this up. No matter how strongly have introduced an amendment on this form. The Senate has wisely tabled you feel on this, you should not bring bill which has to do with the appoint- matters dealing primarily with cam- up line-item veto. Should we be debat- ment of U.S. attorneys. This is also the subject of the Judiciary Committee’s paign finance issues, but Senator FEIN- ing what is going on in Iraq on this jurisdiction, and since the Attorney STEIN has assured the Senate and me bill? We should not, even though some that campaign finance reform will be people believe strongly that we should. General himself will be before that addressed separately and comprehen- But the line-item veto is no different committee on Thursday, and I will be sively in her committee, the Rules from debating Iraq in this bill. They asking him some questions, I speak today in morning business on what I Committee. have no place in this bill, just as there I have some concern about campaign is no place for campaign finance reform know so much about this situation. Recently, it came to my attention finance rules. I think we need to have in this bill. We are trying to do serious, that the Department of Justice has serious public hearings on these issues. sound ethics and lobbying earmark re- asked several U.S. attorneys from We have problems dealing with so- form, and that is what we are doing. Workable mechanisms for fiscal dis- around the country to resign their po- called 527s, their foundations—they are sitions—some by the end of this basic campaign finance problems we cipline are certainly important. I hope Senators CONRAD and GREGG take a month—prior to the end of their terms need to look at, and we need to look at not based on any allegation of mis- them in detail. Senator FEINSTEIN has look at this line-item veto issue, which I personally don’t support. But whether conduct. In other words, they are said she will do that, and I am grateful forced resignations. to her for doing that. I support it or not, it should not be a part of this bill, and I hope they would I have also heard that the Attorney There will also be separate consider- General plans to appoint interim re- ation of the proposal to establish an take this up in the budgeting process along with the pay-go rules which I placements and potentially avoid Sen- independent ethics enforcement agen- ate confirmation by leaving an interim cy. We debated that proposal last year, think are so important. This bill is about ethics and lobbying reform, not U.S. attorney in place for the remain- and it was defeated resoundingly after der of the Bush administration. a bipartisan group of Senators on and budgeting. Let’s focus on what we need to do to How does this happen? The Depart- off the Ethics Committee questioned move forward on the ethics and lob- ment sought and essentially was given the wisdom of such a proposal. Again, bying reform. We need to adopt the new authority under a little known the Rules Committee has said they will Durbin and DeMint amendments on provision in the PATRIOT Act Reau- take this matter up and look at it very earmark disclosure. We need to invoke thorization to appoint interim appoint- seriously. cloture on my gift and travel amendments who are not subject to Senate Senators VOINOVICH and JOHNSON ment and then adopt that amendment. confirmation and who could remain in served as chair and vice chair of the Then we need to invoke cloture on the place for the remainder of the Bush ad- Ethics Committee in the last Congress. substitute and debate the various ger- ministration. They both spoke vigorously against a mane amendments that will be pending To date, I know of at least seven U.S. new ethics agency. Senator JOHNSON, during the 30-hour postcloture period. attorneys forced to resign without as we know, is recovering from an ill- This is a glidepath to finishing the cause, without any allegations of mis- ness. As a matter of fact, I spoke to his ethics bill this week so we can move to conduct. These include two from my family not long before coming here. He other vital matters: the minimum home State, San Diego and San Fran- is doing very well. Here is what he said wage, the President’s new Iraq pro- cisco, as well as U.S. attorneys from last year, though. I quote Senator posal, funding the Government, fixing New Mexico, Nevada, Arkansas, Texas, JOHNSON, who is the chair of the Ethics the Medicare prescription drug plan, Washington and Arizona. Committee, who said this last year: expending opportunities for lifesaving In California, press reports indicate The two-tiered ethics process that would stem cell research, pay-go rules, and that Carol Lam, U.S. attorney for San be created by this amendment would un- other important issues. Diego, has been asked to leave her posi- doubtedly slow consideration of ethics com- Ethics reform is the first step in con- tion, as has Kevin Ryan of San Fran- plaints, create more doubt about the process, vincing the American people that we, cisco. The public response has been and make our colleagues and the public less shock. Peter Nunez, who served as the confident in our ability to address these Democrats and Republicans, are hard at work on their behalf. It seems so im- San Diego U.S. attorney from 1982 to issues. . . .[The proposal would leave] open 1988, has said: the possibility that Members will be forced portant that we complete this legisla- [This] is like nothing I’ve ever seen in my to live under the cloud of an investigation as tion and move on to the other matters 35-plus years. a result of every accusation brought before that are so important. But this is the Office of Public Integrity, regardless of something we need to do to help the He went on to say that while the its merit—regardless of its merit. Such a sit- American people feel better about their President has the authority to fire a uation would only interject more partisan- Congress. U.S. attorney for any reason, it is ‘‘ex- ship into the ethics procession and create a I suggest the absence of a quorum. tremely rare’’ unless there is an allega- blunt tool for extreme partisan groups to The PRESIDING OFFICER. The tion of misconduct. make politically based attacks. clerk will call the roll. To my knowledge, there are no alle- Despite the defeat of the proposal The assistant legislative clerk pro- gations of misconduct having to do last year, it makes sense for the Rules ceeded to call the roll. with Carol Lam. She is a distinguished Committee and the Governmental Af- Mrs. FEINSTEIN. Mr. President, I former judge. Rather, the only expla- fairs Committee to hold hearings on ask unanimous consent that the order nation I have seen are concerns that ways to strengthen enforcement of the for the quorum call be rescinded. were expressed about prioritizing pub- ethics rules. I can assure my colleagues The PRESIDING OFFICER. Without lic corruption cases over smuggling that worthwhile proposals which objection, it is so ordered. and gun cases. emerge from these two committees will Mrs. FEINSTEIN. Mr. President, I The most well-known case involves a receive meaningful consideration by know the time has come to speak on U.S. attorney in Arkansas. Senators

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.018 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S550 CONGRESSIONAL RECORD — SENATE January 16, 2007 PRYOR and LINCOLN have raised signifi- trict court judges are also subject to ORDER OF PROCEDURE cant concerns about how ‘‘Bud’’ Senate confirmation and are not polit- Mrs. FEINSTEIN. Madam President, Cummins was asked to resign and in ical positions, there is greater likeli- I ask unanimous consent that after the his place the administration appointed hood that their choice of who should bill is reported, Senator CORNYN be rec- their top lawyer in charge of political serve as an interim U.S. attorney ognized to speak with respect to the opposition research, Tim Griffin. I have would be chosen based on merit and bill for up to 10 minutes and that Sen- been told Mr. Griffin is quite young, 37, not manipulated for political reasons. ator SANDERS then be recognized to and Senators PRYOR and LINCOLN have To me, this makes good sense. call up amendment No. 57. expressed concerns about press reports Finally, by having the district court The PRESIDING OFFICER (Ms. that have indicated Mr. Griffin has make the appointments, and not the KLOBUCHAR). Without objection, it is so been a political operative for the RNC. Attorney General, the process provides ordered. While the administration has con- an incentive for the administration to f firmed that 5 to 10 U.S. attorneys have move quickly to appoint a replacement been asked to leave, I have not been and to work in cooperation with the CONCLUSION OF MORNING given specific details about why these Senate to get the best qualified can- BUSINESS individuals were asked to leave. didate confirmed. The PRESIDING OFFICER. Morning Around the country, though, U.S. at- I strongly believe we should return business is now closed. torneys are bringing many of the most this power to district courts to appoint f important and complex cases being interim U.S. attorneys. That is why prosecuted. They are responsible for last week, Senator LEAHY, the incom- LEGISLATIVE TRANSPARENCY taking the lead on public corruption ing Chairman of the Judiciary Com- AND ACCOUNTABILITY ACT OF 2007 cases and many of the antiterrorist ef- mittee, the Senator from Arkansas, The PRESIDING OFFICER. Under forts in the country. As a matter of Senator PRYOR, and I filed a bill that the previous order, the hour of 1 p.m. fact, we just had the head of the FBI, would do just that. Our bill simply re- having arrived, the Senate will resume Bob Mueller, come before the Judiciary stores the statute to what it once was consideration of S. 1, which the clerk Committee at our oversight hearing and gives the authority to appoint in- will report. and tell us how they have dropped the terim U.S. attorneys back to the dis- The assistant legislative clerk read priority of violent crime prosecution trict court where the vacancy arises. as follows: and, instead, are taking up public cor- I could press this issue on this bill. A bill (S. 1) to provide greater trans- ruption cases; ergo, it only follows that However, I do not want to do so be- parency to the legislative process. the U.S. attorneys would be pros- cause I have been saying I want to keep Pending: ecuting public corruption cases. this bill as clean as possible, that it is As a matter of fact, the rumor has Reid amendment No. 3, in the nature of a restricted to the items that are the it—and this is only rumor—that U.S. substitute. purpose of the bill, not elections or any Reid modified amendment No. 4 (to amend- Attorney Lam, who carried out the other such things. I ought to stick to ment No. 3), to strengthen the gift and travel prosecution of the Duke Cunningham my own statement. bans. case, has other cases pending whereby, Clearly, the President has the au- DeMint amendment No. 11 (to amendment rumor has it, Members of Congress No. 3), to strengthen the earmark reform. thority to choose who he wants work- have been subpoenaed. I have also been DeMint amendment No. 12 (to amendment ing in his administration and to choose told that this interrupts the flow of the No. 3), to clarify that earmarks added to a who should replace an individual when prosecution of these cases, to have the conference report that are not considered by there is a vacancy. But the U.S. attor- the Senate or the House of Representatives present U.S. attorney be forced to re- neys’ job is too important for there to are out of scope. sign by the end of this month. DeMint amendment No. 14 (to amendment Now, U.S. attorneys play a vital role be unnecessary disruptions, or, worse, any appearance of undue influence. At No. 3), to protect individuals from having in combating traditional crimes such their money involuntarily collected and used as narcotics trafficking, bank robbery, a time when we are talking about for lobbying by a labor organization. guns, violence, environmental crimes, toughening the consequences for public Vitter/Inhofe further modified amendment civil rights, and fraud, as well as tak- corruption, we should change the law No. 9 (to amendment No. 3), to prohibit ing the lead on prosecuting computer to ensure that our top prosecutors who Members from having official contact with hacking, Internet fraud, and intellec- are taking on these cases are free from any spouse of a Member who is a registered lobbyist. tual property theft, accounting and se- interference or the appearance of im- propriety. This is an important change Leahy/Pryor amendment No. 2 (to amend- curities fraud, and computer chip theft. ment No. 3), to give investigators and pros- How did all of this happen? This is an to the law. Again, I will question the ecutors the tools they need to combat public interesting story. Apparently, when Attorney General Thursday about it corruption. Congress reauthorized the PATRIOT when he is before the Judiciary Com- Gregg amendment No. 17 (to amendment Act last year, a provision was included mittee for an oversight hearing. No. 3), to establish a legislative line item that modified the statute that deter- I am particularly concerned because veto. mines how long interim appointments of the inference in all of this that is Ensign amendment No. 24 (to amendment drawn to manipulation in the lineup of No. 3), to provide for better transparency and are made. The PATRIOT Act Reauthor- enhanced Congressional oversight of spend- ization changed the law to allow in- cases to be prosecuted by a U.S. attor- ing by clarifying the treatment of matter terim appointments to serve indefi- ney. In the San Diego case, at the very not committed to the conferees by either nitely rather than for a limited 120 least, we have people from the FBI in- House. days. Prior to the PATRIOT Act Reau- dicating that Carol Lam has not only Ensign modified amendment No. 25 (to thorization and the 1986 law, when a been a straight shooter but a very good amendment No. 3), to ensure full funding for vacancy arose, the court nominated an prosecutor. Therefore, it is surprising the Department of Defense within the reg- interim U.S. attorney until the Senate to me to see that she would be, in ef- ular appropriations process, to limit the reli- fect, forced out, without cause. This ance of the Department of Defense on supple- confirmed a Presidential nominee. The mental appropriations bills, and to improve PATRIOT Act Reauthorization in 2006 would go for any other U.S. attorney the integrity of the Congressional budget removed the 120-day limit on that ap- among the seven who are on that list. process. pointment, so now the Attorney Gen- We have something we need to look Cornyn amendment No. 26 (to amendment eral can nominate someone who goes in into, that we need to exercise our over- No. 3), to require full separate disclosure of without any confirmation hearing by sight on, and I believe very strongly we any earmarks in any bill, joint resolution, this Senate and serve as U.S. attorney should change the law back to where a report, conference report or statement of for the remainder of the President’s Federal judge makes this appointment managers. on an interim basis subject to regular Cornyn amendment No. 27 (to amendment term in office. This is a way, simply No. 3), to require 3 calendar days notice in stated, of avoiding a Senate confirma- order, whereby the President nomi- the Senate before proceeding to any matter. tion of a U.S. attorney. nates and the Senate confirms a re- Bennett (for McCain) amendment No. 28 (to The rationale to give the authority placement. amendment No. 3), to provide congressional to the court has been that since dis- I yield the floor. transparency.

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.020 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S551 Bennett (for McCain) amendment No. 29 (to encing of a private entity’s employment de- propriations bills chock-full of ear- amendment No. 3), to provide congressional cisions or practices in exchange for political marks, and we do not have a clue, be- transparency. access or favors. cause we will not have had a chance to Lieberman amendment No. 30 (to amend- The PRESIDING OFFICER. The Sen- read it and consider it in advance, what ment No. 3), to establish a Senate Office of ator from Texas is recognized. Public Integrity. the total sum of those earmarks is and Bennett/McConnell amendment No. 20 (to Mr. CORNYN. Madam President, I how they impact the budget. Perhaps amendment No. 3), to strike a provision re- was proud to join my friend and col- the top line itself is disclosed but not lating to paid efforts to stimulate grassroots league from South Carolina, Senator how that money is actually broken lobbying. DEMINT, in offering an amendment down and spent. Thune amendment No. 37 (to amendment that would simply place in the Senate Oftentimes, bills are hundreds of No. 3), to require any recipient of a Federal bill the very sensible language regard- pages long, with earmarks buried in award to disclose all lobbying and political ing earmarks that the House of Rep- them. It is not uncommon for appro- advocacy. resentatives has already included. Feinstein/Rockefeller amendment No. 42 priations, particularly Omnibus appro- (to amendment No. 3), to prohibit an ear- Speaker PELOSI and her colleagues are priations bills, to go into the thou- mark from being included in the classified rightly proud of the very clear defini- sands-of-pages or more in number. Of portion of a report accompanying a measure tion of earmarks they have included in course, often this is at the end of a leg- unless the measure includes a general pro- that legislation that will help to iden- islative period, and there are hours, gram description, funding level, and the tify spending measures and highlight maybe, or even only minutes to review name of the sponsor of that earmark. them so we can have the kind of debate them. Feingold amendment No. 31 (to amendment and sort of public scrutiny we should No. 3), to prohibit former Members of Con- The goal of my amendment is that gress from engaging in lobbying activities in expect and, indeed, welcome, into the when we consider legislation, we have a addition to lobbying contacts during their appropriations and legislative process. summary document showing the de- cooling off period. I was a little bit surprised, however, tails, including the costs, of earmarks Feingold amendment No. 32 (to amendment to find the resistance that was voiced in legislation—and this is the novelty— No. 3), to increase the cooling off period for last week, but I understand now that before we consider the legislation, be- senior staff to 2 years and to prohibit former has all been worked out and that a sec- fore we actually vote on it, not after Members of Congress from engaging in lob- ond-degree amendment will be offered we have already voted and it is too late bying activities in addition to lobbying con- by Senator DURBIN as a collaborative tacts during their cooling off period. to do anything about it but before. It Feingold amendment No. 33 (to amendment effort and a demonstration of bipar- serves the very important purpose of No. 3), to prohibit former Members who are tisan cooperation on something where added transparency and, indeed, the ac- lobbyists from using gym and parking privi- there ought to be bipartisan coopera- countability that goes along with it. leges made available to Members and former tion, certainly on the matter of ethics, I would assume those who have asked Members. that will provide for greater trans- for earmarks to be included are proud Feingold amendment No. 34 (to amendment parency and increases public avail- of them. They feel like they are meri- No. 3), to require Senate campaigns to file ability of earmark-related information. torious. They feel like they can be de- their FEC reports electronically. This is good news for all who wish to Durbin modified amendment No. 44 (to fended. Well, unfortunately, the very amendment No. 11), to strengthen earmark see greater fiscal responsibility and ac- process by which those earmarks are reform. countability. Increased transparency added defeats that kind of trans- Durbin amendment No. 36 (to amendment for earmarks is something we ought to parency and accountability, which is No. 3), to require that amendments and mo- embrace and it ought to create in us why I believe we need this additional tions to recommit with instructions be cop- the ability to discern much better than step. ied and provided by the clerk to the desks of we have been what kind of spending is Furthermore, if we create, by adop- the Majority Leader and the Minority Lead- in the general welfare of the American tion of this amendment, a fixed base- er before being debated. Cornyn amendment No. 45 (to amendment people and why that kind of spending is line from which we can proceed in the No. 3), to require 72-hour public availability absolutely necessary. future to allow the American public, as of legislative matters before consideration. Of course, there are those—and I am well as our staff, to analyze more thor- Cornyn amendment No. 46 (to amendment one of them—who think the Federal oughly these earmarks, I think we No. 2), to deter public corruption. Government spends way too much tax- would have created at least a knowl- Bond (for Coburn) amendment No. 48 (to payer money. Our Government was edge base that will allow us to make amendment No. 3), to require all recipients founded as a limited Government with better decisions going forward. of Federal earmarks, grants, subgrants, and delegated powers. But over the last 220 contracts to disclose amounts spent on lob- Consider that the Congressional Re- bying and a description of all lobbying ac- or so years of our Nation’s history, it search Service each year conducts a tivities. has been a history of the Federal Gov- study to identify the earmarks in each Bond (for Coburn) amendment No. 49 (to ernment gradually ‘‘filling the field’’ bill. Through that study, one can see amendment No. 3), to require all congres- to the detriment of State and local that both the total number of ear- sional earmark requests to be submitted to government and of the individual free- marks and the total dollar value of the appropriate Senate committee on a dom by taxpayers, voters, and citizens. those earmarks—surprise, surprise— standardized form. While I applaud amendment No. 26, I have grown significantly over the last Bond (for Coburn) amendment No. 50 (to think we need to do even more. We can amendment No. 3), to provide disclosure of decade. lobbyist gifts and travel instead of banning add greater sunshine and clarity on the For example, the total number of them as proposed. earmark process by adopting an earmarks increased almost fourfold Bond (for Coburn) amendment No. 51 (to amendment which I offered last week from 1994 to 2005. Furthermore, the amendment No. 3), to prohibit Members from as well. The current bill requires that total cost of those earmarks increased requesting earmarks that may financially all future legislation include a list of by a factor of 100 percent. And the benefit that Member or immediate family earmarks as well as the names of the numbers appear to be even higher for member of that Member. Senators who have requested them. My 2006. Nelson (NE) amendment No. 47 (to amendment No. 3), to help encourage fiscal respon- amendment would add what may seem Let me list some of the earmarks sibility in the earmarking process. like a minor addition but one that that have been included. And we will Reid (for Feingold/Obama) amendment No. would require that the budgetary im- start with 2007, to give you a flavor of 54 (to amendment No. 3), to prohibit lobby- pact for each earmark also be included, what I am talking about, and the rea- ists and entities that retain or employ lobby- as well as a requirement that the total son why there ought to be greater ists from throwing lavish parties honoring number of earmarks and their total transparency. Members at party conventions. budgetary impact be identified and dis- Now, I am not suggesting we limit Reid (for Lieberman) amendment No. 43 (to closed. earmarks. I am considering we ought amendment No. 3), to require disclosure of earmark lobbying by lobbyists. What happens now is that it takes to make them transparent and obvious. Reid (for Casey) amendment No. 56 (to some time for the staff of this body to And then I think the benefits of open amendment No. 3), to eliminate the K Street compile the information contained in Government and the kind of scrutiny Project by prohibiting the wrongful influ- bills, and literally we are passing ap- that will follow will have the beneficial

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.021 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S552 CONGRESSIONAL RECORD — SENATE January 16, 2007 impact I think we would all hope for the $50 million for an indoor rain forest The PRESIDING OFFICER. Without and certainly my constituents would that was the subject of a Federal ear- objection, it is so ordered. hope for, when they worry that we are mark. And then again, there are exam- The amendment is as follows: spending money for inappropriate pur- ples anybody can find on the Internet, poses and in too large amounts, to published by Citizens Against Govern- (Purpose: To require a report by the Com- their detriment. ment Waste, examples from what they mission to Strengthen Confidence in Con- For example, in January 2007—excuse call the ‘‘Congressional Pig Book.’’ I do gress regarding political contributions be- me. This must have been in last year’s not have to tell you why they call it fore and after the enactment of certain laws) appropriations bill—an earmark for that. $725,000 for the Please Touch Museum. But the point is, things have gotten On page 60, between lines 22 and 23, insert I am not sure what the Please Touch terribly out of whack here in Wash- the following: Museum is, but I think it would be ben- ington when we, as elected representa- (b) REPORT REGARDING POLITICAL CON- eficial for the sponsor of that earmark tives of our constituents, of the Amer- TRIBUTIONS.— to be identified, and it would be bene- ican people, take it upon ourselves to (1) IN GENERAL.—Not later than 6 months ficial for it to be described how that spend their money on inappropriate after the date of enactment of this Act, the promotes the general welfare of the subjects, or maybe you say there is Commission shall submit a report to Con- American people and why it is justi- some justification for these topics. But gress detailing the number, type, and quan- fied, taking that $725,000 out of the I think it is easy to see why it is inap- tity of contributions made to Members of the pockets of taxpayers and putting it in propriate that we spend the Federal Senate or the House of Representatives dur- the treasury of the Please Touch Mu- taxpayer dollar on some of these top- ing the 30-month period beginning on the date that is 24 months before the date of en- seum. ics. actment of the Acts identified in paragraph Then there is the $250,000 appropria- Here again, my amendment does not (2) by the corresponding organizations iden- tions for the Country Music Hall of limit these earmarks because I believe tified in paragraph (2). Fame. I happen to be a country music there will be a self-corrective mecha- (2) ORGANIZATIONS AND ACTS.—The report fan, but even I would wonder how that nism through greater transparency and submitted under paragraph (1) shall detail promotes the general welfare, to take the accountability that comes with it. the number, type, and quantity of contribu- money out of the taxpayer’s pocket That is why I so strongly support the tions made to Members of the Senate or the and put it in the treasury of the Coun- efforts that have been undertaken here House of Representatives as follows: try Music Hall of Fame. I think it on a bipartisan basis to bring greater (A) For the Medicare Prescription Drug, transparency to the earmark process, Improvement, and Modernization Act of 2003 bears some scrutiny, some explanation. (Public Law 108–173; 117 Stat. 2066), any con- Maybe there is an explanation, but I because I think it is a problem that can tribution made during the time period de- have to be honest, I cannot think of literally fix itself. When people begin scribed in paragraph (1) by or on behalf of a one now that would justify transferring to ask the kinds of questions I am ask- political action committee associated or af- the money from the taxpayer’s pocket ing, when the public begins to shine filiated with— and justifying a Federal appropriation the bright light of day on some of these (i) a pharmaceutical company; or for the Country Music Hall of Fame. special interest earmarks, which have (ii) a trade association for pharmaceutical And just so the Rock & Roll Hall of been literally hidden from Members of companies. Fame is not left out, there is a $200,000 the Congress until after they have (B) For the Bankruptcy Abuse Prevention earmark for that; then the Aviation voted on them and published only later and Consumer Protection Act of 2005 (Public Law 109–8; 119 Stat. 23), any contribution Hall of Fame, $200,000; the Grammy by the Congressional Research Service, made during the time period described in Foundation, $150,000; the Coca-Cola after they have done a survey of the paragraph (1) by or on behalf of a political Space Science Center for $150,000; burgeoning number of earmarks for action committee associated or affiliated $150,000 for a single traffic light in these kinds of interests, I think this is with— Briarcliff Manor, NY. I am not sure a problem that can correct itself. (i) a bank or financial services company; why that is a Federal responsibility. In So, Madam President, I appreciate (ii) a company in the credit card industry; fact, I would think by its description it the courtesy of the bill managers and or is not; it is a local responsibility. That the opportunity to speak once again on (iii) a trade association for any such com- this important topic. I think getting panies. cost ought to be borne by the local tax- (C) For the Energy Policy Act of 2005 (Pub- payer, not the Federal taxpayer this information to Members of Con- lic Law 109–58; 119 Stat. 594), any contribu- through the earmark process—here gress early before we vote would be tion made during the time period described again, something that cries out for very helpful and provide a baseline of in paragraph (1) by or on behalf of a political greater accountability through greater the number of earmarks that can be action committee associated or affiliated transparency. analyzed so we can go forward and ex- with— Then there is the $100,000 earmark for plain why that number should go up if, (i) a company in the oil, natural gas, nu- the International Storytelling Center. in fact, we think it should go up, or if clear, or coal industry; or I am not sure why the Federal tax- you are like me, if you think the num- (ii) a trade association for any such companies. payer should have to pay for that. It ber should go down, establish what the (D) For the Dominican Republic-Central may be a meritorious expenditure, but facts are so we have a baseline of infor- America-United States Free Trade Agree- maybe through private charity. Maybe mation with which to explain our posi- ment Implementation Act (Public Law 109– corporations would like to contribute tion. 53; 119 Stat. 462), any contribution made dur- some money to support this worth- I thank the Chair and yield the floor. ing the time period described in paragraph while local initiative. Maybe local tax- The PRESIDING OFFICER. The Sen- (1) by or on behalf of a political action com- payers could justify the expenditure, ator from Vermont is recognized. mittee associated or affiliated with— (i) the United States Chamber of Com- maybe State taxpayers, but why should AMENDMENT NO. 57 TO AMENDMENT NO. 3 merce, the National Association of Manufac- the Federal taxpayer, why should my Mr. SANDERS. Madam President, I turers, the Business Roundtable, the Na- constituents in Texas have to pay a ask unanimous consent to set aside the tional Federation of Independent Business, $100,000 earmark for the International pending amendment and call up the Emergency Committee for American Storytelling Center in some other amendment No. 57. Trade, or any member company of such enti- State? The PRESIDING OFFICER. Without ties; or Then there is $500,000 for the Mon- objection, it is so ordered. The clerk (ii) any other free trade organization fund- tana Sheep Institute. will report the amendment. ed primarily by corporate entities. Madam President, I ask unanimous The legislative clerk read as follows: (3) AGGREGATE REPORTING.—The report submitted under paragraph (1)— consent for an additional 3 minutes. The Senator from Vermont [Mr. SANDERS] (A) shall not list the particular Member of proposes an amendment numbered 57 to The PRESIDING OFFICER. Without the Senate or House of Representative that amendment No. 3. objection, it is so ordered. received a contribution; and Mr. CORNYN. I will not belabor the Mr. SANDERS. Madam President, I (B) shall report the aggregate amount of point. But I think you get my flavor. I ask unanimous consent that reading of contributions given by each entity identified am not going to even talk much about the amendment be dispensed with. in paragraph (2) to—

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.023 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S553 (i) Members of the Senate during the time a relatively weak benefit for our sen- nothing more than to live out their re- period described in paragraph (1) for the cor- iors. tirement years with some form of eco- responding Act identified in paragraph (2); Included in this bill, as I think sen- nomic security and dignity? Are they and iors all over this country are beginning ‘‘special interests’’? I don’t believe (ii) Members of the House of Representa- to understand, is a very large doughnut tives during the time period described in they are. paragraph (1) for the corresponding Act iden- hole in which they are going to have to The challenge we face is to rein in tified in paragraph (2). pay 100 percent of the cost of their pre- the influence and the power that lobby- (4) DEFINITIONS.—In this subsection— scription drugs. ists and their large corporate clients (A) the terms ‘‘authorized committee’’, Also, included in that bill is language have over the Congress. The problem is ‘‘candidate’’, ‘‘contribution’’, ‘‘political com- which prevents the Government from not that the children of America have mittee’’, and ‘‘political party’’ have the negotiating with the drug companies too much power. It is not that working meanings given such terms in section 301 of for lower prices for the American peo- people have too much power. The prob- the Federal Election Campaign Act of 1971 (2 ple. We pay today the highest prices in lem is that big-money interests, to a U.S.C. 431); and (B) the term ‘‘political action committee’’ the world for prescription drugs, and very significant degree, dominate what means any political committee that is not— yet the Government is prevented from goes on in Washington, DC. (i) a political committee of a political negotiating for lower prices. Mean- The lobbying reform legislation that party; or while, despite strong majority support we are considering is a very important (ii) an authorized committee of a can- in the House and the Senate, Congress step forward in addressing that issue. I didate. has failed to pass legislation widely thank Senators REID, FEINSTEIN, Mr. SANDERS. Madam President, let supported by the American people that LIEBERMAN, FEINGOLD, OBAMA, and all me begin by applauding Senator REID, would allow for the reimportation of of those on both sides of the aisle who Senator MCCONNELL, and all of those safe, affordable prescription drugs from have worked hard on this issue for who are responsible for advancing this well-regulated countries such as Can- their leadership on lobbying reform so important ethics reform bill. There is ada and from Europe that would pro- that we can begin to restore the con- no question but that the confidence of vide huge discounts to Americans of all fidence of the American people in Con- the American people in the Congress is ages. gress. But we must keep in mind that now at an almost alltime low. There is At the same time, while there is while we are eliminating the $20 no question there have been ethical more and more concern in our country lunches and the club-level tickets to abuses in Congress in recent years. And and throughout the world about the local sporting events, this bill does not there is no question but that we should danger of global warming and what it address what is an even more pressing support the strongest ethics reform will mean for our planet and for our issue; namely, the $10,000 campaign possible. children and our grandchildren, Con- contributions that come from cor- Members of Congress do not need free gress has failed to adequately fund en- porate PACs. We have a fundamental lunches from lobbyists. Members of ergy efficiency and sustainable energy. problem which literally threatens our Congress do not need free tickets to But somehow Congress did manage to democratic form of government, and ball games. And they do not need huge fund an energy bill that includes bil- that is that Senators and Members of discounts for flights on corporate jets. lions and billions of dollars in tax give- the House and their challengers are Congress does need transparency in aways and subsidies to the largest oil forced to raise millions and millions earmarks and holds, and we do need a companies in America, companies that and millions of dollars in order to run new policy regarding the revolving are enjoying recordbreaking profits, as a winning campaign. door by which a Member one year is well as tax breaks and subsidies to In terms of campaign contributions, writing a piece of legislation and the other big-energy interests. let’s be very clear. Despite what any- next year finds himself or herself work- Most American workers now know one may have heard, corporate inter- ing for the company that benefited that our current trade policies have ests are king. They run the show. From from the legislation he or she wrote. In failed and that they have failed miser- 1998 to 2005, for example, drug compa- other words, we need to pass the ably. During the last 5 years we have nies spent more on lobbying than any strongest ethics reform bill possible. lost some 3 million good-paying manu- other industry—$900 million, according But in passing this legislation, we need facturing jobs, and we are now on the to the nonpartisan Center for Respon- to understand this is not the end of our cusp of losing millions of good-paying, sive Politics. They donated a total of work but, rather, it is just the begin- white-collar information technology $89.9 million in the same period to Fed- ning, and much more needs to be done. jobs. In my own State of Vermont, not eral candidates and party committees. Today in the United States of Amer- a major manufacturing center, we have We hear a lot about ‘‘labor money’’ ica, the middle class is shrinking, pov- lost 20 percent of our manufacturing and about ‘‘big labor.’’ But, in fact, erty is increasing, and the gap between jobs in the last 5 years alone, and we corporate interests give more than 10 the rich and the poor is growing wider. just learned the other day that another times as much to candidates than do In fact, the people at the top, the very 175 jobs in Middlebury, VT, are going labor unions. In the 2006 cycle, accord- wealthiest people in our country, have to be lost because of global competi- ing to the Center for Responsive Poli- never, ever had it so good since the tion. Yet despite a $700 billion trade tics, labor gave less than $50 million. 1920s. The sad truth is that Congress, deficit and the loss of millions of good- That is a lot of money, $50 million. But especially over the last 6 years, has not paying jobs, Congress refuses to fun- corporate interests gave well over $525 only failed to respond to this crisis, to damentally change our trade policies, a million—$50 million/$525 million, 10 the decline of the middle class, but in change that is desperately needed. times as much. That disparity may many ways Congress has made the sit- I know some people like to talk well explain why the needs of working uation even worse. about ‘‘special interests,’’ but the Americans all too often take a back Time and time again, this Congress truth is that special interests, as I un- seat to corporate interests in the Con- has chosen to ignore the needs of ordi- derstand them, in fact, are corporate gress. But, more importantly, it tells nary Americans and, instead, has acted and monied interests. What do we us why we need real campaign finance on behalf of the interests of the mean when we talk about special inter- reform so that the needs of all Ameri- wealthiest and most powerful people in ests? Are we talking about millions of cans are heard rather than just those our country. In fact, much of the legis- American working families who are who can afford to make huge campaign lation that has come to the floor of the struggling to keep their heads above contributions. House and the Senate in recent years water economically? Are they a ‘‘spe- To strengthen our democracy we has clearly come at the behest of mul- cial interest’’? I don’t think they are. need reforms on a number of fronts. We timillion-dollar corporate interests. Are we talking about the children of certainly need to pass this lobbying re- This has included a Medicare part D America, 18 percent of whom are living form bill, but we also need very strong prescription drug bill that, while cost- in poverty? Are they a ‘‘special inter- campaign finance reform. My own view ing the taxpayers of this country a est’’? Not to my mind. Are we talking is that we need to move toward public huge amount of money, in fact provides about millions of seniors who want funding of elections. We also need

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.021 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S554 CONGRESSIONAL RECORD — SENATE January 16, 2007 media reform to stem the growing con- The amendments are as follows: each establish a publicly available website centration of ownership among tele- AMENDMENT NO. 59 that contains information on all officially related congressional travel that is subject vision, radio, and newspaper companies (Purpose: To provide disclosure of lobbyist to disclosure under the gift rules of the Sen- with the result that what Americans gifts and travel instead of banning them as ate and the House of Representatives, respec- see, hear, and read is increasingly con- the Reid/McConnell substitute proposes) tively, that includes— trolled by fewer and fewer media con- Strike sections 108 and 109 and insert the (1) a search engine; glomerates. Most importantly, in my following: (2) uniform categorization by Member, view, if we are going to change the bal- SEC. 108. DISCLOSURE FOR GIFTS FROM LOBBY- dates of travel, and any other common cat- ance of power, if ordinary Americans ISTS. egories associated with congressional travel; are going to get their day in Wash- Paragraph 1(a) of rule XXXV of the Stand- and ington, DC, we need a revival of a ing Rules of the Senate is amended— (3) all forms filed in the Senate and the grassroots democratic movement from (1) in clause (2), by striking the last sen- House of Representatives relating to offi- tence and inserting ‘‘Formal record keeping one end of this country to the other, cially-related travel referred to in paragraph is required by this paragraph as set out in (2), including the ‘‘Disclosure of Member or where ordinary people begin to stand clause (3).’’; and up and say: Washington, DC, pay atten- Officer’s Reimbursed Travel Expenses’’ form (2) by adding at the end the following: in the Senate. tion to my needs rather than just the ‘‘(3)(A) Not later than 48 hours after a gift (b) EXTENSION AUTHORITY.—If the Sec- needs of large corporate interests. has been accepted, each Member, officer, or retary of the Senate or the Clerk of the I understand that the legislation be- employee shall post on the Member’s Senate House of Representatives is unable to meet fore us today relates only to issues website, in a clear and noticeable manner, the deadline established under subsection around lobbying reform and that many the following: (a), the Committee on Rules and Administra- of the other critical issues I have laid ‘‘(i) The nature of the gift received. tion of the Senate or the Committee on out will be considered at a later time. ‘‘(ii) The value of the gift received. Rules of the House of Representatives may ‘‘(iii) The name of the person or entity pro- That is why I have offered the amend- grant an extension of such date for the Sec- viding the gift. retary of the Senate or the Clerk of the ment we have before us today. The ‘‘(iv) The city and State where the person amendment will provide this body with House of Representatives, respectively. or entity resides. (c) AUTHORIZATION OF APPROPRIATIONS.— some of the information it will need ‘‘(v) Whether that person is a registered There are authorized to be appropriated such when we address campaign finance re- lobbyist, and if so, the name of the client for sums as are necessary to carry out this sec- form at a later date. whom the lobbyist is providing the gift and tion. the city and State where the client resides. Specifically, this amendment re- Mr. BENNETT. I ask unanimous con- quires the Commission to Strengthen ‘‘(B) Not later than 30 days after the adop- sent that these amendments now be Confidence in Congress, created by the tion of this clause, the Committee on Rules laid aside. underlying legislation, to report on the and Administration shall, in consultation with the Select Committee on Ethics and the The PRESIDING OFFICER. Without aggregate amount of campaign con- Secretary of the Senate, proscribe the uni- objection, it is so ordered. tributions given by certain identified form format by which the postings in sub- Mr. BENNETT. Madam President, I corporate interests 24 months prior to clause (A) shall be established.’’. have listened with interest to the Sen- and within 6 months after the passage SEC. 109. DISCLOSURE OF TRAVEL. ator from Vermont. I have a few quick of four specified pieces of legislation. Paragraph 2 of rule XXXV of the Standing reactions. As we get closer to his These four pieces of legislation are the Rules of the Senate is amended by adding at amendment, I will perhaps be more Medicare Part D Program, the bank- the end the following: specific about some of them. Com- ruptcy reform bill, the Energy bill, and ‘‘(h)(1) Not later than 48 hours after a ments about the revolving door situa- the Central American Free Trade Member, officer, or employee has accepted tion, I must confess I am a little less Agreement. transportation or lodging otherwise permis- The goal of this report is to begin to sible by the rules from any other person, than overwhelmed by the arguments other than a governmental entity, such about the revolving door because I throw some light on the volume of cor- Member, officer, or employee shall post on porate contributions that are showered have been there. I served in the execu- the Member’s Senate website, in a clear and tive branch in the 1960s, left on New on Congress when legislation impor- noticeable manner, the following: tant to multinationals comes before ‘‘(A) The nature and purpose of the trans- Year’s Eve of 1969, and took up my new the Congress. As a result, this report portation or lodging. duties as a lobbyist on January 1, 1970. will focus on the amounts given and ‘‘(B) The fair market value of the transpor- In those days there were no restric- the identity of the givers. tation or lodging. tions with respect to a revolving door, It is our obligation to return control ‘‘(C) The name of the person or entity and I was immediately called by people of the Congress to the American peo- sponsoring the transportation or lodging. who wanted my services with respect ‘‘(D) The city and State where the person ple. I look forward to helping make to the agency I had just left. They paid or entity sponsoring the transportation or well. I accepted their contracts, and I that happen with the ethics reform bill lodging resides. we are now considering and the many ‘‘(E) Whether that sponsoring person is a went back to see my old friends back in other equally critical reforms that vot- registered lobbyist, and if so, the name of the Department of Transportation. ers across this great Nation told us the client for whom the lobbyist is spon- It came as somewhat of a shock to they wanted this past November. soring the transportation or lodging and the me that no one wanted to talk to me. I thank the Chair. city and State where the client resides. Now that I was no longer a member of The PRESIDING OFFICER. The Sen- ‘‘(2) This subparagraph shall also apply to the Secretary’s Office, now that I no ator from Utah is recognized. all noncommercial air travel otherwise per- longer had direct access to the Sec- missible by the rules. AMENDMENTS NOS. 59 AND 39 TO AMENDMENT NO. retary to discuss things important to ‘‘(3) Not later than 30 days after the adop- 3 EN BLOC tion of this subparagraph, the Committee on the administration, now that I was an Mr. BENNETT. Madam President, I Rules and Administration shall, in consulta- outsider, my friends were happy to see ask unanimous consent to lay the tion with the Select Committee on Ethics me for lunch, they were happy to talk pending amendment aside and call up and the Secretary of the Senate, proscribe about my family, but I could no longer two amendments, one on behalf of Sen- the uniform format by which the postings in do them any good within the Depart- ator COBURN, No. 59, and one on behalf clauses (1) and (2) shall be established.’’. ment. I was no longer a power within of Senator COLEMAN, No. 39, and then AMENDMENT NO. 39 the Department. I was an outsider, and have them laid aside as well. (Purpose: To require that a publicly avail- they were happy to get me out of their The PRESIDING OFFICER. Without able website be established in Congress to offices as quickly as they could. objection, it is so ordered. The clerk allow the public access to records of re- I discovered firsthand that the idea will report the amendments en bloc. ported congressional official travel) of the revolving door is vastly The legislative clerk read as follows: At the appropriate place, insert the fol- overrated. I was like any other lob- The Senator from Utah [Mr. BENNETT], for lowing: byist. I had to make my points on the Mr. COBURN, proposes an amendment num- SEC. ll. CONGRESSIONAL TRAVEL PUBLIC basis of the validity of the arguments I bered 59. WEBSITE. The Senator from Utah [Mr. BENNETT], for (a) IN GENERAL.—Not later than January 1, was making and not because at one Mr. COLEMAN, proposes an amendment num- 2008, the Secretary of the Senate and the time I had been in the Department bered 39. Clerk of the House of Representatives shall with them. We get carried away with

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.027 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S555 this because the media talks about how give me the money yourself. Another force them, recognizing that even with- terrible is the revolving door. I am way is you can direct your contribu- out what we are talking about here, willing to let a reasonable period of tion to the PAC at the plant that pro- even without the legislation that is time pass, but I think many of these duces Kraft Foods to go to me. So the proposed, Duke Cunningham is in jail, arguments go beyond what reality has people who run the PAC at Kraft Foods and recognizing that even without the been to me. come to this Senator and say here are kinds of strict changes we are talking I heard the Senator from Vermont the contributions that are directed to about, Jack Abramoff is in jail. These talk about publicly funded campaigns. come to you and we are happy to trans- were corrupt individuals who found I will make this observation: We have fer them through to you. The media their way around existing legislation, the largest poll taken in the United gets hold of it and discovers that Kraft and trying to solve that problem by ad- States every year on April 15. Every Foods is owned by a tobacco company, ditional legislation may very well turn year, every American taxpayer is given and the next thing you know, this Sen- out to be an ineffective effort. the opportunity to set aside just $3 of ator is being attacked in the press for With that, I see my friend from taxes he already owes—this is not addi- taking campaign money from tobacco South Carolina on his feet seeking rec- tional money; this is $3 of the money companies. He says: Wait a minute, ognition. he already owes—to be placed in the these are individual contributions from I yield the floor. Presidential fund to fund Presidential my constituents funneled through the The PRESIDING OFFICER. The Sen- campaigns. place where they work that has noth- ator from South Carolina is recognized. Mr. DEMINT. Madam President, I Ninety percent of the taxpayers who ing whatever to do with tobacco. have the opportunity to put $3 into a Try explaining that to the New York want to speak in favor of the Durbin amendment No. 44, which is a slightly Federal fund for education vote no. Times. No, the editorials roll down modified version of my amendment No. That is not by accident. You have to that he is taking tobacco money, that 11 that was endorsed by a majority of check the box one way or the other. he is in the pocket of special interests. Senators last Thursday on a 51-to-46 Ninety percent vote, no, they don’t Finally, the Senator said: I told them vote. want to do that. I am not sure we don’t give me anymore money. It is too should be talking about that as a great I ask unanimous consent that my much trouble to try to explain the name be added as a cosponsor of idea. truth in this situation with the over- Finally, the business that is in the amendment No. 44 offered by the Sen- whelming amount of media publicity ator from Illinois. amendment of the Senator from about corporations corrupting politi- Vermont that says we must disclose The PRESIDING OFFICER. Without cians. objection, it is so ordered. corporate contributions 24 months I made the comment before and I will Mr. DEMINT. The Durbin amendment prior to and 6 months after the passage make it again: I have discovered in my is a product of a bipartisan agreement of certain pieces of legislation neglects 14 years here that there is no such that I reached last week with the ma- the fact that corporate contributions thing as repetition in the Senate. You jority leader and the Senator from Illi- are illegal, and they have been since say the same thing over and over again nois. The Durbin amendment contains 1902 in the days of Franklin Roosevelt. as if it is brandnew. You cannot cor- bipartisan language that would require What the press calls ‘‘corporate con- rupt the Senator unless the Senator disclosure for all earmarks, including tributions’’—the press misunder- himself is corrupt. And if the Senator those directed toward Federal projects stands—are PAC contributions. I was himself is corrupt, he or she will find a and those contained in report lan- around Washington when we had the way around the rules no matter how we guage. It also strengthens Internet dis- Watergate situation and I remember write them. closure so that bills shall not be in the rhetoric in these halls when the I am strongly for this bill. I think order unless their reports include a list creation of political action committees the transparency part of it, the disclo- of earmarks, limited tax benefits, and was hailed as the basic reform that sure part, is exactly what we need. But limited tariff benefits, which are post- would clean up campaign contribu- after 40 years of being involved with ed on the Internet in a searchable for- tions, because people make contribu- Washington, and living through the mat at least 48 hours before consider- tions to PACs; corporations do not. In- Watergate experience, living through ation. dividuals make the money available to the scandals, whether it is Abramoff or In addition, it is our understanding PACs; corporations do not. Duke Cunningham, or the other Mem- that if a spending bill is reported long Corporate contributions are illegal. bers of the House who went to jail in before its consideration, the list of ear- These are individual contributions put years gone by, whose names I don’t remarks will accompany any committee together by a political action com- member but whose circumstances I reports for those bills. mittee and then given in the name of still recall, or whether it is the Con- The Durbin amendment slightly the political action committee from gressman with whom I worked as a lob- modifies the definition of a limited tax the private funds of private individ- byist who went to jail because one of benefit to ‘‘any revenue provision’’ uals. This was hailed as a reform. This my fellow lobbyists gave him a $100,000 that provides a benefit to ‘‘a particular was hailed as the way to clean things bribe, the fundamental fact remains beneficiary or limited group of bene- up. Because the media doesn’t under- that you cannot corrupt a Senator or a ficiaries.’’ This is similar to the defini- stand that, because the people in the Congressman unless that Senator or tion used in the legislative line-item media don’t realize that a corporate Congressman is himself or herself basi- veto amendment. name attached to a political action cally corrupt. I thank the majority leader and the committee does not mean these are We can write all of the rules we want, Senator from Illinois for working with corporate funds, most of my constitu- but if a Member of this body has the in- me on this important issue. The pur- ents now think, as the Senator from stincts of corruption in his soul, he will pose of the bill before us is to address Vermont has suggested, that this is find a way around the rules. We should the culture of corruption in Wash- corporate money. I have to patiently not kid ourselves that we are doing ington, and it cannot be a serious pro- explain to them once again this is not something that is going to clean up ev- posal unless we are completely trans- corporate money. I could give you an erything, because if we get a corrupt parent with the way we spend Amer- example from one of my colleagues Member, the corrupt Member will still ican tax dollars. here. He has in his State a very large act in a corrupt way and you will have This bipartisan agreement helps processing plant that produces prod- another Duke Cunningham-type scan- achieve that goal. We will be voting ucts that are sold under the label of dal 5 or 10 years from now and, unfortu- today at 5:30 on the Durbin amendment Kraft Foods. He is very popular in the nately, the reaction here is, hey, that and I encourage all of my colleagues, town where this big plant is. Employ- proves we need to change the rules. Republicans and Democrats, to support ees in that particular town come to As I have said, this is the only place it. Following that vote, we will vote on him and say: We would like to make I know where, when somebody breaks my amendment as modified by the Dur- campaign contributions to you; how do the rules, the first instinct is to change bin amendment. I encourage my col- we do it? He tells them: One way is you the rules instead of continuing to en- leagues to support it as well.

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.028 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S556 CONGRESSIONAL RECORD — SENATE January 16, 2007 I yield the floor. tip of the iceberg in terms of classified gent importuning of my colleagues—to AMENDMENT NO. 70 pork and corruption. please come to the floor with their Mrs. FEINSTEIN. Madam President, Under this amendment, the public amendments. The floor is open now. At I call up amendment No. 70. can be assured that this cannot hap- 5:30 p.m. we will have a vote on two The PRESIDING OFFICER. The pen. In saying these words, I say them amendments and a cloture vote on a clerk will report. as a member of the Senate Select Com- third amendment. I ask them to please The legislative clerk read as follows: mittee on Intelligence; I say them with come to the floor and press their cause The Senator from California [Mrs. the knowledge that these earmarks can now because the week is going on. It is FEINSTEIN], for herself and Mr. ROCKEFELLER, be very large; I say them with the Tuesday. We all heard the majority proposes an amendment numbered 70. knowledge that this budget, which is leader saying this morning that we Mrs. FEINSTEIN. Madam President, known as a ‘‘black budget’’ and is con- could finish this bill as early as I ask unanimous consent that reading sidered by the Defense Subcommittee Wednesday evening or as late as Satur- of the amendment be dispensed with. of Appropriations to be very difficult day. I know we would all want to see it The PRESIDING OFFICER. Without to get at, even by those of us who serve done on the former date. objection, it is so ordered. on both intelligence and defense appro- Hopefully, Members will come to the The amendment is as follows: priations. Senator BOND and I are in floor. It is my understanding there are (Purpose: To prohibit an earmark from being the process of suggesting a procedure some 60 amendments in the line. If a included in the classified portion of a re- to the chairman of the Defense Appro- Senator does not want his or her port accompanying a measure unless the measure includes a general program de- priations Committee, as well as the amendment to proceed further, please scription, funding level, and the name of leadership, that might bring greater in- so advise us so we can eliminate it the sponsor of that earmark) telligence staff work to bear on the from the list. On page 7, after line 6, insert the following: classified part that relates to intel- I suggest the absence of a quorum. ‘‘4. It shall not be in order to consider any ligence of the defense bill. The PRESIDING OFFICER. The bill, resolution, or conference report that This amendment is a very simple clerk will call the roll. contains an earmark included in any classi- amendment. It simply says make as The legislative clerk proceeded to fied portion of a report accompanying the clear as possible, without jeopardizing call the roll. measure unless the bill, resolution, or con- national security, what the earmark is Mr. BENNETT. Mr. President, I ask ference report includes to the greatest ex- unanimous consent that the order for tent practicable, consistent with the need to and provide transparency as to who is protect national security (including intel- requesting the earmark. I don’t think the quorum call be rescinded. ligence sources and methods), in unclassified that is too much to ask. I do not be- The PRESIDING OFFICER. Without language, a general program description, lieve it is going to in any way, shape, objection, it is so ordered. funding level, and the name of the sponsor of or form disrupt or change anything Mr. BENNETT. Mr. President, I have that earmark.’’. other than bring the light of day to heard from the minority on the Intel- Mrs. FEINSTEIN. Madam President, classified earmarks. ligence Committee, and they verify this amendment is presented by myself I am prepared to ask for the yeas and what Senator FEINSTEIN has said; that and Senator ROCKEFELLER, chairman of nays. I ask the ranking member if he is, that the corrections which they sug- the Intelligence Committee. It aims to has looked at this amendment. gested which she has accepted are, in bring the same goals of accountability The PRESIDING OFFICER. The Sen- fact, in the bill. I am prepared to go to and transparency of earmark reform to ator from Utah. a vote on the bill at this point, and I the most opaque of earmarks, and Mr. BENNETT. Madam President, I will support it. those are classified ones. The amend- have looked at this amendment, and I The PRESIDING OFFICER. The Sen- ment prohibits any bill authorization have no particular problem with it. I ator from California. or appropriation from containing an would think we could pass it by voice Mrs. FEINSTEIN. Mr. President, I earmark in the classified portion of vote, but as a courtesy to Senator thank the ranking member. I call up that bill or accompanying a report, un- BOND and the Intelligence Committee, amendment No. 70. less there is unclassified language that we have asked them to confirm that The PRESIDING OFFICER. The describes in general terms the nature the understanding which the Senator amendment is pending. of the earmark. The amount of the ear- from California has is, indeed, correct. Is there further debate? If not, the mark is disclosed and the sponsor of I have no reason to doubt her word on question is on agreeing to amendment the earmark is identified. this matter, but the earlier comment No. 70. We have cleared this with Senator to us was we want to be sure that the The amendment (No. 70) was agreed ROCKEFELLER and also, I believe, with fix has been made. She assures us it to. Senator BOND, who requested a change has been. But as a courtesy to them, I Mr. BENNETT. I move to reconsider that we have made. have asked my staff to check with the vote. This amendment would provide the them. When that word comes back, Mrs. FEINSTEIN. I move to lay that public with the assurance that the which I expect to be positive, I will be motion on the table. classified parts of the defense and in- willing to move ahead with a voice The motion to lay on the table was telligence budgets—which are indeed vote. agreed to. large—are subjected to the same scru- Mrs. FEINSTEIN. Madam President, Mrs. FEINSTEIN. Mr. President, I tiny and openness as everything else. I have no problem with trust but suggest the absence of a quorum. The need for the amendment was made verify. I am happy to cease and desist The PRESIDING OFFICER. The clear by the actions of former Con- at this time and wait and see. I thank clerk will call the roll. gressman Duke Cunningham. Accord- the ranking member. I thank the The legislative clerk proceeded to ing to a report by the House Intel- Chair. call the roll. ligence Committee, Cunningham was Mr. BENNETT. Madam President, I Mr. FEINGOLD. Mr. President, I ask able to enact a staggering $70 million suggest the absence of a quorum. unanimous consent that the order for to $80 million in classified earmarks The PRESIDING OFFICER. The the quorum call be rescinded. over a 5-year period. These earmarks clerk will call the roll. The PRESIDING OFFICER. Without benefited his business partners and The legislative clerk proceeded to objection, it is so ordered. were not known to most Members of call the roll. Mr. FEINGOLD. Mr. President, I ask the Congress or the public. Mrs. FEINSTEIN. I ask unanimous unanimous consent the pending amend- The Washington Post, in a November consent that the order for the quorum ment be set aside so I can call up three 2006 editorial, pointed out: call be rescinded. amendments at the desk. Until the last decade or so, earmarks The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without weren’t permitted to intelligence bills be- PRYOR). Without objection, it is so or- objection, it is so ordered. cause of the absence of public scrutiny. dered. AMENDMENTS NOS. 63, 64, AND 76 EN BLOC The Post also notes that Mrs. FEINSTEIN. Mr. President, I Mr. FEINGOLD. Mr. President, I call Cunningham’s earmarks could be the urge—and I think this is my fourth ur- up amendments Nos. 63, 64, and 76.

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.030 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S557 They are at the desk, and I ask for (d) EFFECTIVE DATE.—The amendments ‘‘(iii) whether the registrant or lobbyist their immediate consideration. made by subsection (b) shall take effect 60 traveled on any such travel; The PRESIDING OFFICER. The days after the date of enactment of this Act. ‘‘(iv) the identity of the listed sponsor or AMENDMENT NO. 64 sponsors of such travel; and clerk will report. ‘‘(v) the identity of any person or entity, (Purpose: To prohibit lobbyists and entities The assistant legislative clerk read other than the listed sponsor or sponsors of that retain or employ lobbyists from as follows: the travel, who directly or indirectly pro- throwing lavish parties honoring Members The Senator from Wisconsin [Mr. vided for payment of travel and related ex- at party conventions) FEINGOLD] proposes amendments numbered penses at the request or suggestion of the 63, 64, and 76 en bloc. At the appropriate place, insert the fol- lobbyist, the registrant, or a political com- lowing: Mr. FEINGOLD. I ask unanimous mittee established or administered by the Paragraph (1)(d) of rule XXXV of the registrant; consent the reading of the amendments Standing Rules of the Senate is amended by ‘‘(F) the date, recipient, and amount of be dispensed with. adding at the end the following: funds contributed, disbursed, or arranged (or The PRESIDING OFFICER. Without ‘‘5. A Member may not participate in an a good faith estimate thereof) by the lob- objection, it is so ordered. event honoring that Member at a national byist, the registrant, or a political com- The amendments (Nos. 63, 64, and 76) party convention if such event is paid for by mittee established or administered by the any person or entity required to register pur- en bloc are as follows: registrant— suant to section 4(a) of the Lobbying Disclo- ‘‘(i) to pay the cost of an event to honor or AMENDMENT NO. 63 sure Act of 1995, or any individual or entity recognize a covered legislative branch offi- (Purpose: To increase the cooling off period identified as a lobbyist or a client in any cial or covered executive branch official; for senior staff to 2 years and to prohibit current registration or report filed under ‘‘(ii) to, or on behalf of, an entity that is former Members of Congress from engaging such Act.’’. named for a covered legislative branch offi- in lobbying activities in addition to lob- AMENDMENT NO. 76 cial, or to a person or entity in recognition bying contacts during their cooling off pe- (Purpose: To clarify certain aspects of the of such official; riod) lobbyist contribution reporting provision) ‘‘(iii) to an entity established, financed, On page 50, strike line 1 and all that fol- Strike section 212 and insert the following: maintained, or controlled by a covered legislative branch official or covered executive lows through page 51, line 12, and insert the SEC. 212. QUARTERLY REPORTS ON OTHER CON- following: TRIBUTIONS. branch official, or an entity designated by ‘‘(2) CONGRESSIONAL STAFF.— Section 5 of the Act (2 U.S.C. 1604) is such official; or ‘‘(iv) to pay the costs of a meeting, retreat, ‘‘(A) PROHIBITION.—Any person who is an amended by adding at the end the following: conference, or other similar event held by, or employee of a House of Congress and who, ‘‘(d) QUARTERLY REPORTS ON OTHER CON- for the benefit of, 1 or more covered legisla- within 2 years after that person leaves office, TRIBUTIONS.— knowingly makes, with the intent to influ- ‘‘(1) IN GENERAL.—Not later than 45 days tive branch officials or covered executive ence, any communication to or appearance after the end of the quarterly period begin- branch officials; except that this paragraph before any of the persons described in sub- ning on the 20th day of January, April, July, shall not apply to any funds required to be paragraph (B), on behalf of any other person and October of each year, or on the first reported under section 304 of the Federal (except the United States) in connection business day after the 20th if that day is not Election Campaign Act of 1974 (2 U.S.C. 434); with any matter on which such former em- a business day, each registrant under para- ‘‘(G) the date, recipient, and amount of any ployee seeks action by a Member, officer, or graphs (1) or (2) of section 4(a), and each em- gift (that under the standing rules of the employee of either House of Congress, in his ployee who is listed as a lobbyist on a cur- House of Representatives or Senate counts or her official capacity, shall be punished as rent registration or report filed under this towards the $100 cumulative annual limit de- provided in section 216 of this title. Act, shall file a report with the Secretary of scribed in such rules) valued in excess of $20 ‘‘(B) CONTACT PERSONS COVERED.—Persons the Senate and the Clerk of the House of given by the lobbyist, the registrant, or a po- referred to in subparagraph (A) with respect Representatives containing— litical committee established or adminis- to appearances or communications are any ‘‘(A) the name of the registrant or lob- tered by the registrant to a covered legisla- Member, officer, or employee of the House of byist; tive branch official or covered executive Congress in which the person subject to sub- ‘‘(B) the employer of the lobbyist or the branch official; and paragraph (A) was employed. This subpara- names of all political committees estab- ‘‘(H) the name of each Presidential library graph shall not apply to contacts with staff lished or administered by the registrant; foundation and Presidential inaugural com- of the Secretary of the Senate or the Clerk ‘‘(C) the name of each Federal candidate or mittee, to whom contributions equal to or of the House of Representatives regarding officeholder, leadership PAC, or political exceeding $200 were made by the lobbyist, compliance with lobbying disclosure require- party committee, to whom aggregate con- the registrant, or a political committee es- ments under the Lobbying Disclosure Act of tributions equal to or exceeding $200 were tablished or administered by the registrant 1995. made by the lobbyist, the registrant, or a po- within the calendar year, and the date and ‘‘(3) MEMBERS OF CONGRESS AND ELECTED litical committee established or adminis- amount of each such contribution within the OFFICERS.—Any person who is a Member of tered by the registrant within the calendar quarter. Congress or an elected officer of either House year, and the date and amount of each con- ‘‘(2) RULE OF CONSTRUCTION.—For the pur- of Congress and who, within 2 years after tribution made within the quarter; poses of this paragraph— ‘‘(i) the term ‘lobbyist’ shall include a lob- that person leaves office, knowingly engages ‘‘(D) the name of each Federal candidate or byist, registrant, or political committee es- in lobbying activities on behalf of any other officeholder, leadership PAC, or political tablished or administered by the registrant; person (except the United States) in connec- party committee for whom a fundraising event was hosted, co-hosted, or sponsored by and tion with any matter on which such former ‘‘(ii) the term ‘Federal candidate or other the lobbyist, the registrant, or a political Member of Congress or elected officer seeks recipient’ shall include a Federal candidate, committee established or administered by action by a Member, officer, or employee of Federal officeholder, leadership PAC, or po- the registrant within the quarter, and the either House of Congress shall be punished as litical party committee. date, location, and total amount (or good provided in section 216 of this title.’’; ‘‘(3) DEFINITIONS.—In this subsection, the (3) in paragraph (6)— faith estimate thereof) raised at such event; following definitions shall apply: ‘‘(E) the name of each covered legislative (A) by striking ‘‘paragraphs (2), (3), and ‘‘(A) GIFT.—The term ‘gift’— (4)’’ and inserting ‘‘paragraph (2)’’; branch official or covered executive branch ‘‘(i) means a gratuity, favor, discount, en- (B) by striking ‘‘(A)’’; official for whom the lobbyist, the reg- tertainment, hospitality, loan, forbearance, (C) by striking subparagraph (B); and istrant, or a political committee established or other item having monetary value; and (D) by redesignating the paragraph as or administered by the registrant provided, ‘‘(ii) includes, whether provided in kind, by paragraph (4); and or directed or caused to be provided, any purchase of a ticket, payment in advance, or (4) by redesignating paragraph (7) as para- payment or reimbursements for travel and reimbursement after the expense has been graph (5). related expenses in connection with the du- incurred— (c) DEFINITION OF LOBBYING ACTIVITY.—Sec- ties of such covered official, including for ‘‘(I) gifts of services; tion 207(i) of title 18, United States Code, is each such official— ‘‘(II) training; amended— ‘‘(i) an itemization of the payments or re- ‘‘(III) transportation; and (1) in paragraph (2), by striking ‘‘and’’ imbursements provided to finance the travel ‘‘(IV) lodging and meals. after the semicolon; and related expenses, and to whom the pay- ‘‘(B) LEADERSHIP PAC.—The term ‘leader- (2) in paragraph (3), by striking the period ments or reimbursements were made with ship PAC’ means with respect to an indi- and inserting ‘‘; and’’; and the express or implied understanding or vidual holding Federal office, an unauthor- (3) by adding at the end the following: agreement that such funds will be used for ized political committee which is associated ‘‘(4) the term ‘lobbying activities’ has the travel and related expenses; with an individual holding Federal office, ex- same meaning given such term in section 3(7) ‘‘(ii) the purpose and final itinerary of the cept that such term shall not apply in the of the Lobbying Disclosure Act (2 U.S.C. trip, including a description of all meetings, case of a political committee of a political 1602(7)).’’. tours, events, and outings attended; party.’’.

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.033 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S558 CONGRESSIONAL RECORD — SENATE January 16, 2007 AMENDMENTS NOS. 32 AND 54 WITHDRAWN jority control of both Houses shifted, the Senate failed the test of real re- Mr. FEINGOLD. I ask that the pend- the Senate finally, in 1995, took action. form. And in any event, no changes to ing amendments Nos. 32 and 54 be with- People forget because the 1995 rules the rules went into effect because the drawn. were a major departure from what had bill died after it left the Senate. The PRESIDING OFFICER. Without gone before, but they contained excep- The public showed its displeasure objection, it is so ordered. tions and loopholes that, while they with these practices and the excesses Mr. FEINGOLD. Those were items re- might have seemed reasonable at the and lawbreaking in the November elec- placed by what we did prior to that. time, began to cause problems in the tions. Watershed elections occurred. AMENDMENT NO. 65 TO AMENDMENT NO. 4 years that followed. For example, as I Many new Members and new leaders ar- Mr. President, I call up amendment said, before 1995, there were virtually rived early this month. To their credit, No. 65, a second-degree amendment to no limits on the gifts that Senators Speaker PELOSI in the House and Ma- Reid amendment No. 4, which is at the could accept. I was astonished when I jority Leader REID made ethics reform desk. came here as a new senator in 1995 to a top priority for the new Congress— The PRESIDING OFFICER. The see the things that were being offered and the first priority in the Senate. clerk will report. to Senators. I could not quite believe But they did something even more im- The assistant legislative clerk read some of the things being offered. The portant. They put the power of their as follows: 1995 gift ban was actually not a ban at offices behind tough and comprehensive reform, a strong brew of gift and The Senator from Wisconsin [Mr. all; instead, we just put a limit on travel changes, not the weak tea that FEINGOLD] proposes an amendment numbered gifts—$50 per gift, and $100 per year 65 to amendment No. 4. from a single source. was before us last year. Let me be very clear. While the un- Mr. FEINGOLD. I ask unanimous Similarly, the 1995 rules prohibited the worst excesses under the previous derlying Reid-McConnell substitute in- consent the reading of the amendment cludes some important provisions to be dispensed with. anything goes attitude about privately funded travel—golf and ski vacations improve the flawed bill the Senate The PRESIDING OFFICER. Without passed last year, it doesn’t make the paid for and attended by lobbyists, objection, it is so ordered. necessary changes to the gift and trav- what were called ‘‘purely recreational The amendment is as follows: el rules. Only if Reid amendment No. 4 trips.’’ But it still allowed factfinding (Purpose: To prohibit lobbyists and entities is adopted will that job be complete. and officially connected trips of up to 4 that retain or employ lobbyists from Senator REID follows the lead of the throwing lavish parties honoring Members days in length, or 7 days to a foreign House to really ban gifts from lobby- at party conventions) destination. ists, instead of letting groups that Not surprisingly, and consistent with On page 2, between lines 2 and 3, insert the lobby continue to buy gifts. And he im- following: the new rules, after 1995, as before, poses new restrictions on lobbyist SEC. 108A. NATIONAL PARTY CONVENTIONS. much of the gifts and travel offered to funded travel that should reduce, if not Paragraph (1)(d) of rule XXXV of the Senators and staff came from lobbyists eliminate, the excesses that have be- Standing Rules of the Senate is amended by and groups that lobby. Sure, constitu- adding at the end the following: come commonplace under the 1995 ents offer us T-shirts or baseball caps rules. ‘‘5. A Member may not participate in an or home State products, and the rules event honoring that Member at a national Senator REID took a bold step as well party convention if such event is paid for by allow that. But not too many constitu- by agreeing to include in his amend- any person or entity required to register pur- ents making a trip to Washington with ment changes to the reimbursement suant to section 4(a) of the Lobbying Disclo- their kids are offering to take a Sen- rules that apply when Senators fly on sure Act of 1995, or any individual or entity ator or staffer out to a $49 dinner or to corporate jets. I am very pleased that identified as a lobbyist or a client in any buy tickets for them to the Kennedy this change in particular has been in- current registration or report filed under Center or a Wizards game. cluded because it was brought to the such Act.’’. Although there are exceptions, most attention of the Senate in an ethics re- Mr. FEINGOLD. Mr. President, I of the invitations to go to conferences form bill I introduced in July 2005. It withhold further discussion of these or on factfinding trips also come from will rid us of one of the most obvious particular amendments until a later lobbying organizations, groups with a ethical fictions in the current rules, time. point of view that they want to share and in the campaign laws—that flying Now I will move on to talking about with a Senator or staffer in com- on a corporate jet is just worth the a very major vote coming up in the fortable, relaxed surroundings, with cost of a first class ticket on a com- Senate later today. ample food and drink provided. mercial airline. This evening the Senate will cast a The American people, and many of To his credit, Senator REID has been very important vote. The result will go my colleagues as well, have come to flexible in crafting the final version of a long way toward deciding whether view these gifts and trips from those these new corporate jet rules. He in- the gift rule changes before us meet who want to influence us, which are cluded important disclosure require- the high standards for reform set by now perfectly legal under our rules, as ments that the Senator from Arizona the American people in the most recent unseemly. And of course, there have and I have been seeking for some time. elections in November. I am referring been people who have played fast and He made clear at the request of the to the motion to invoke cloture on loose with the rules. The $100 annual Senator from Oklahoma, that Members Reid amendment No. 4, which contains limit is hardly ever discussed. Tickets who fly their own planes are not af- very important provisions imposing to skyboxes are sometimes valued at fected by these new rules. And he in- and strengthening restrictions on gifts, $49.99. A different person picks up the cluded a provision I suggested to ad- travel, and corporate jets. tab at regular lunches or a ‘‘personal dress the concern raised by the Senator I take a few minutes to explain why friendship’’ is developed where one from Alaska and others that their offi- I believe the Reid amendment is so cru- friend always seems to pay. And fact- cial travel budgets might need to be cial. finding trips to Scotland have turned supplemented because of the particu- In 1995, after another watershed elec- out to be golf adventures. larly complicated logistics of travel in tion, the Senate adopted major rule Now last year the Senate made a their large and rural States. changes, which came to be known as half-hearted effort in the direction of My colleagues, the vote on Reid ‘‘the gift ban.’’ Prior to that time, cleaning up this problem, but it fell amendment No. 4 will tell the Amer- there were virtually no limits on the short. It passed a lobbyist gift ban but ican people if we are serious about re- gifts or trips that Senators could ac- didn’t cover groups that retain or em- form or just trying to get away with cept. Scandalous tabloid TV exposes ploy lobbyists. It passed new disclosure doing the least we can. The changes in showed some of the most egregious va- and Ethics Committee approval re- Senator REID’s amendment are abso- cation extravaganzas that some Sen- quirements for privately funded trips lutely critical to sending the message ators enjoyed at the expense of others, but did nothing to change the under- that the days of lobbyist access and in- and after an election in which numer- lying standard of what kinds of trips fluence based on the perks and privi- ous incumbents were defeated and ma- can be taken. On these two key issues, leges they offer us, the meals they buy,

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.034 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S559 the tickets they provide, the trips they SEC. lll. OFFICIAL TRAVEL. The PRESIDING OFFICER (Mr. arrange and their clients finance, are Rule XXXVIII of the Standing Rules of the CARDIN). Is there objection? over. Senate is amended by adding at the end the The Senator from California. Lobbyists play an important, and in- following: Mrs. FEINSTEIN. Mr. President, if I ‘‘3. Any payment or reimbursement for might respond to the ranking mem- deed a constitutionally protected, role travel in connection with the official duties in the legislative process. But the Con- of the Member (except in the case of third ber’s comment, I know there are no stitution protects the rights of our party sponsored travel approved by the Se- more second-degree amendments in citizens to petition their government, lect Committee on Ethics under rule XXXV) order. However, I have looked at this it does not guarantee that lobbyists shall be paid for exclusively with appro- modification. It is minor, and I would hired by those citizens can try to influ- priated funds or funds from a political com- certainly agree to it. ence elected representatives by taking mittee as defined in section 301(4)) of the Mr. BENNETT. Mr. President, I them out to dinner. All this amend- Federal Election Campaign Act of 1971 (2 thank the chairman of the committee U.S.C. 431(4)) and may not be supplemented for her courtesy, and send a copy of the ment is saying is that if you want to by any other funds, including funds of the meet with a lobbyist over dinner, go Member or a gift.’’. modified amendment to the desk. right ahead—but pay your own way. The PRESIDING OFFICER. Without Mr. BENNETT. I ask unanimous con- objection, the modification is per- And if you do not want to pay, then sent these two amendments be laid have the meeting in your office. That mitted. aside. The amendment, as modified, is as is the rule the Wisconsin legislature The PRESIDING OFFICER. Without has had for decades. That is the rule follows: objection, it is so ordered. On page 3, line 8, after ‘‘clause (1)’’ insert my staff and I have followed since I Mr. BENNETT. I suggest the absence came to the Senate in 1993. That is the ‘‘or sponsored by a 501(c)(3) organization that of a quorum. has been pre-approved by the Select Com- rule the U.S. Senate should support The PRESIDING OFFICER. The mittee on Ethics. When deciding whether to today. I urge my colleagues to vote in clerk will call the roll. pre-approve a 501(c)(3) organization, the Se- favor of cloture on Reid amendment The assistant legislative clerk pro- lect Committee on Ethics shall consider the No. 4. ceeded to call the roll. stated mission of the organization, the orga- I yield the floor and suggest the ab- Mr. BENNETT. Mr. President, I ask nization’s prior history of sponsoring congressional trips, other educational activities sence of a quorum. unanimous consent that the order for The PRESIDING OFFICER. The performed by the organization besides spon- the quorum call be rescinded. soring congressional trips, whether any trips clerk will call the roll. The PRESIDING OFFICER. Without The assistant legislative clerk pro- previously sponsored by the organization led objection, it is so ordered. to an investigation by the Select Committee ceeded to call the roll. AMENDMENT NO. 81 TO AMENDMENT NO. 4 on Ethics and any other factor deemed rel- Mr. BENNETT. Mr. President, I ask Mr. BENNETT. Mr. President, I call evant by the Select Committee on Ethics’’. unanimous consent that the order for Mr. BENNETT. With that, Mr. Presi- the quorum call be rescinded. up amendment No. 81. The PRESIDING OFFICER. Without dent, I suggest the absence of a The PRESIDING OFFICER. Without quorum. objection, it is so ordered. objection, the pending amendment is set aside. The PRESIDING OFFICER. The AMENDMENTS NOS. 78 AND 79 EN BLOC Mr. BENNETT. Mr. President, I am clerk will call the roll. Mr. BENNETT. Mr. President, on be- advised—— The assistant legislative clerk pro- half of Senator LOTT, I ask unanimous The PRESIDING OFFICER. And this ceeded to call the roll. consent to lay aside the pending is a second-degree amendment to Mr. NELSON of Florida. Mr. Presi- amendment and call up amendments amendment No. 4? dent, I ask unanimous consent that the No. 78 and No. 79. Mr. BENNETT. That is correct, Mr. order for the quorum call be rescinded. The PRESIDING OFFICER. Without President. The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. The objection, it is so ordered. Mr. NELSON of Florida. Mr. Presi- The clerk will report. clerk will report. dent, I ask unanimous consent to speak The assistant legislative clerk read The assistant legislative clerk read as in morning business. as follows: as follows: The Senator from Utah [Mr. BENNETT], for The PRESIDING OFFICER. Without The Senator from Utah [Mr. BENNETT] pro- objection, it is so ordered. Mr. LOTT, proposes amendments numbered 78 poses an amendment numbered 81 to amend- (The remarks of Mr. NELSON of Flor- and 79 en bloc. ment No. 4. The amendments are as follows: ida are printed in today’s RECORD The amendment is as follows: under ‘‘Morning Business.’’) AMENDMENT NO. 78 (Purpose: To permit travel hosted by Mrs. FEINSTEIN. Mr. President, I (Purpose: To only allow official and offi- preapproved 501(c)(3) organizations) suggest the absence of a quorum. cially related travel to be paid for by ap- On page 3, line 8, after ‘‘clause (1)’’ insert propriated funds) The PRESIDING OFFICER. The ‘‘sponsored by a 501(c)(3) organization that clerk will call the roll. At the appropriate place, insert the fol- has been pre-approved by the Select Com- The legislative clerk proceeded to lowing: mittee on Ethics. When deciding whether to call the roll. SEC. lll. OFFICIAL TRAVEL. pre-approve a 501(c)(3) organization, the Se- Mr. CASEY. Mr. President, I ask Rule XXXVIII of the Standing Rules of the lect Committee on Ethics shall consider the Senate is amended by adding at the end the stated mission of the organization, the orga- unanimous consent that the order for following: nization’s prior history of sponsoring con- the quorum call be rescinded. ‘‘3. Any payment or reimbursement for gressional trips, other educational activities The PRESIDING OFFICER. Without travel in connection with the official duties performed by the organization besides spon- objection, it is so ordered. of the Member (except in the case of third soring congressional trips, whether any trips AMENDMENT NO. 56 party sponsored travel approved by the Se- previously sponsored by the organization led Mr. CASEY. Mr. President, I ask that lect Committee on Ethics under rule XXXV) to an investigation by the Select Committee amendment No. 56 now be the pending shall be paid for exclusively with appro- on Ethics and any other factor deemed rel- priated funds and may not be supplemented evant by the Select Committee on Ethics’’. business. by any other funds, including funds of the The PRESIDING OFFICER. Without AMENDMENT NO. 81, AS MODIFIED Member or from a political committee as de- objection, it is so ordered. fined in section 301(4) of the Federal Election Mr. BENNETT. Mr. President, I am Mr. CASEY. Mr. President, this Campaign Act of 1971 (2 U.S.C. 431(4)), or a advised there was a drafting error in amendment prohibits the wrongful in- gift.’’. this amendment and we cannot modify fluencing of a private entity’s employ- AMENDMENT NO. 79 it, because cloture has been filed, ex- ment decisions and/or practices in ex- (Purpose: To only allow official and offi- cept by unanimous consent. For that change for political access or favors. cially related travel to be paid for by ap- reason, I ask unanimous consent that I As we all know from the recent activ- propriated funds) be allowed to modify the amendment ity in this body, Reid-McConnell, S. 1, At the appropriate place, insert the fol- by adding the word ‘‘or’’ at the appro- is an ethics reform bill, I think a criti- lowing: priate place. cally important bill for this body and

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.031 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S560 CONGRESSIONAL RECORD — SENATE January 16, 2007 for the country. One of the things we The PRESIDING OFFICER. Will the would be headed by a Director jointly want to make sure happens in that bill Senator withhold his suggestion? appointed by the majority and the mi- is that we provide all the protections Mr. CASEY. Yes. nority leaders of the Senate. So those possible to give confidence to the The PRESIDING OFFICER. The Sen- who fear that somehow this Director American people that what is hap- ator from California. and this office would be partisan pening in Washington speaks to some Mrs. FEINSTEIN. Mr. President, I in- should look at that provision that re- of their concerns. This amendment dicate to the distinguished Senator quires a joint appointment by the speaks to that by providing criminal from Pennsylvania that I strongly sup- Democratic and the Republican lead- penalties punishable, in this case, by a port his amendment. My hope is we ers. We preserve a very important and fine or imprisonment for up to 15 years will be able to accept it without a vote. strong role for the Ethics Committee, for anyone who would engage in the I have spoken with the ranking mem- and I believe that, combined, these two practice of wrongfully influencing a ber, and I believe he is vetting it and entities can help restore public con- private entity’s employment decisions hopefully we will be able to do that fidence in the independence and impar- and/or practices, as I said before, in ex- shortly. tiality of ethics oversight and enforce- change for political access or favors. I thank the Senator very much. I ment. Also, one of the penalties that is con- yield the floor. I want to take a moment to under- templated in this amendment is to dis- Mr. CASEY. I thank the Senator. I line this point about the role of the qualify an individual from holding pub- yield the floor. Ethics Committee. It would be the Eth- lic office—any office—if they engage in Mrs. FEINSTEIN. I suggest the ab- ics Committee that decides if a com- that activity. What we are talking sence of a quorum. plaint were frivolous, the Ethics Com- about is activity that has gone under The PRESIDING OFFICER. The mittee that would decide whether to the umbrella of the name of the K clerk will call the roll. enforce a subpoena, the Ethics Com- Street Project which has been written The legislative clerk proceeded to mittee that would determine when and about extensively in the public press call the roll. whether investigatory materials are for several years now, and what we are Ms. COLLINS. Mr. President, I ask made public. I think there is a lot of talking about there, in particular, I be- unanimous consent that the order for misunderstanding that somehow this lieve, is an effort to have a corrupting the quorum call be rescinded. office would operate completely di- influence, in my judgment, on a couple The PRESIDING OFFICER. Without vorced from the Ethics Committee and of important areas of activity in Wash- objection, it is so ordered. on automatic pilot. It would be the ington—first, a corrupting influence on AMENDMENT NO. 30 Ethics Committee that would continue hiring decisions in the private sector in Ms. COLLINS. Mr. President, last to provide advice, both informally and Washington, a corrupting influence on week, I was very pleased to join with through advisory opinions. It would be political fundraising which we know the Senator from Connecticut, Mr. the Ethics Committee, not the Director has all of the challenges that those of LIEBERMAN, in offering an amendment of the Senate Office of Public Integ- us in Washington who care about doing to this bill to create an Office of Public rity, who would have sole discretion on it the right way have concerns about, Integrity. The American people view what is reported publicly if the com- and certainly the activities of the K the way we enforce ethics requirements mittee overrules a decision of the of- Street Project or any other similar ef- as an inherently conflicted process. We fice. fort, any other similar practice in are our own advisers, our own inves- At bottom, our amendment creates Washington also has a corrupt influ- tigators, our own prosecutors, our own an independent, transparent process for ence on the priorities of the Govern- judges, our own juries, and even though initiating and conducting investiga- ment of the United States. That is why some of our finest Members serve on tions of possible ethical and other vio- this amendment is so important. our Ethics Committee, they cannot es- lations. I think this is important. We It is long overdue. It is high time to cape that perception, they cannot es- haven’t had the problems on this side end this corruption, to end this prac- cape the process, nor can they convince of the Congress that have troubled our tice which for too long has been a part the public that the process works to colleagues on the House side, but I of the culture of corruption in Wash- ensure an independent, impartial in- think we still need to act to put into ington. I believe this amendment will vestigation of allegations brought place a process that would guarantee strengthen S. 1, it will strengthen any against Members of Congress. to the public an impartial and inde- effort to provide, as the main bill con- Last March, Senator LIEBERMAN, pendent investigation of allegations— templates, both transparency and ac- Senator MCCAIN, and myself offered an not of the final judgment, not of the countability, and I do believe this amendment designed to restore the remedies or punishment that is found amendment will speak directly to that public’s confidence in our ethics proc- by the Ethics Committee to be appro- issue. There is broad bipartisan support ess by creating a new Senate Office of priate but the investigative stage. I for this amendment, as there is for the Public Integrity. Although that suggest that not only would this help Reid-McConnell bill. amendment failed, I hope our col- restore public confidence in the proc- I also appreciate the fact that as a leagues will take another look at the ess, but it would also be helpful to new Member—and, Mr. President, I in- rationale for this office. I hope our col- Members because if an independent of- clude you in this as well as someone leagues have looked at the election re- fice concludes there is no merit to alle- who cares very deeply, as you do, about sults in which the public clearly stated gations lodged against Members of the question of ethics and ethics re- its concern over allegations of corrup- Congress, the public is much more like- form—the bill we are talking about in tion. The adoption of our amendment ly to accept that conclusion than if it the Senate was arrived at through a bi- is the single most important step we is made by other Members of the same partisan effort, and I think it is impor- could take to help restore the public’s body who serve with us each day. tant this amendment, which deals with confidence in the integrity of the deci- I know some of our colleagues are the K Street Project or any other simi- sions we make. not comfortable generally with the lar effort in Washington, also be a bi- I am not saying the amendment the concept of an independent office with partisan effort by people in both par- Senator from Connecticut and the Sen- any investigatory powers. But I don’t ties, on both sides of the aisle to make ator from Arizona and I have proposed believe we are creating some sort of sure we can once and for all tear out by is perfect. We are very open to working monster, some sort of out-of-control the roots the corrupt practices that, with our colleagues on both sides of the special prosecutor because we impose unfortunately, became known as the K aisle who have suggestions for how to on the process the discipline and the Street Project. improve our amendment. We incor- authority, the ultimate authority of I appreciate this opportunity to porated a lot of those suggestions into the Ethics Committee. But I do believe speak. I yield the floor and suggest the the proposal we brought before the full we would be creating a process that absence of a quorum. Senate last March. would help restore the badly tarnished Mrs. FEINSTEIN. Mr. President, be- I wanted to point out some basic in- view the public has of our ability to in- fore the Senator does that—— formation about this office. First, it vestigate ourselves.

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.042 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S561 I respect and I honor the constitu- Most of all, it is important that we spect it. There is a process that some- tional role that says we sit in judg- go on record, that we have an oppor- times reaches a conclusion in judgment ment of our peers, our colleagues, in tunity for a vote because, after all, with which we don’t agree, but the both bodies. I am not talking about that is part of the process, too: ensur- process is so independent and reliable disturbing that role in any way. In- ing that Members express their views that we accept it nonetheless. What stead, what I am saying is it would and that it is done in a forthright man- that means, obviously, is that unless help restore public confidence, when ner. I hope very much we will have an we are able to bring this amendment, serious allegations are lodged against a opportunity to have a rollcall vote on to create an Office of Public Integrity, Member of Congress, if we were to cre- this important amendment. to a vote prior to a cloture vote on the ate this independent investigative of- It has been a great pleasure to work overall bill—which we presume will be fice. There are many safeguards and with the new chairman of the Home- tomorrow—we will not have a chance checks and balances we have carefully land Security and Governmental Af- to bring it to a vote. built into the amendment that the fairs Committee on this issue, as on We have been told that unanimous Senator from Connecticut and I have every issue on which I have worked consent—which is necessary to set brought before this body. I urge our with the Senator from Connecticut. aside the pending amendment and colleagues to actually read the amend- Thank you, Mr. President. I yield the bring this up—will not be granted to ment and to take a look at it closely. floor. this amendment. I urge our leaders and If there are particular concerns, I ask The PRESIDING OFFICER (Mr. others to please reconsider that. We that they work with us to improve our CASEY). The Senator from Connecticut know—Senator COLLINS, Senator amendment. But what is not accept- is recognized. OBAMA, Senator MCCAIN, and I,—that able to me is for this amendment not Mr. LIEBERMAN. Mr. President, I we are still fighting upstream to get to receive a vote by this body. The would like to particularly thank the the necessary votes we need to agree to Members are familiar with it. I believe Senator from Maine, the previous this. But I think it is important that it is time for us to go on the record. chairman of the Homeland Security we have the debate, that we have the I don’t think that shoveling off this and Governmental Affairs Committee, vote, that we build support. amendment in the hope that it will under whose leadership this bill was There are many new Members, and I come up at some future date is the way fashioned, along with myself, Senator don’t presume to know how they would to proceed. I think our amendment is MCCAIN, and Senator OBAMA, who has vote, and I know the new Members well crafted and well balanced. I be- now joined us as an original cosponsor. have gone through the process at home lieve it would make a major difference We have continued this battle. We lost and they know the extent to which our in the process and help to restore the last year, but we think this is an im- constituents—Democratic, Republican, public’s confidence in the whole ethics portant provision, and sometimes you Independent—are unhappy with a lot of system. I believe it is carefully crafted have to fight for something you think the way we do business. They believe so that it does not diminish the very is right until you can convince a ma- there is too much partisanship and, of important role of our Ethics Com- jority to join with you. course, their views were affected by the mittee, a role I respect and honor, but Senator COLLINS has stated the case scandals of the last few years. this amendment would help accomplish very well. The underlying bill here, S. When you think about it, it has been the goal of building the public’s trust. 1, and some of the amendments that a difficult time for Congress. Of course, Why is this so important? Because if have been filed to it represent a signifi- obviously, almost all Members of Con- the public does not trust our ethics cant step forward in the way we in gress conduct themselves in an ethical system, it will not trust the decisions Congress will regulate our own ethics way, but we all suffer, and the institu- we are making on vital issues—the and provide for disclosure and over- tion suffers, when some Members do issues that shape the future of this sight of the behavior of those who not conduct themselves in an ethical country. The American people deserve lobby us. way. Look back over the last 4 or 5 to know that our decisions are not This underlying bill is not a perfect years. In 2002, the majority leader in tainted by outside undue influence. bill, but it is a very strong bill. Ulti- the House was indicted for conspiring They deserve to know we are putting mately the test of it will be its credi- to illegally funnel corporate money the interests of the American people bility. This is comparable to other laws into State campaigns, a violation of and our constituents above any other that we pass—for example Federal State campaign laws. Another Member interests. criminal law. We pass some good laws, of Congress went to jail for exchanging I have often said, and I will repeat it, but ultimately we depend on the inde- earmarks for bribes. The FBI raided that I respect the important role lob- pendence of the investigative and pros- the office of a third Member in a probe byists play in the process. They pro- ecutorial system and the independence of possible illicit activity. Lobbyist vide us with useful information, wheth- of the judges who adjudicate the cases Jack Abramoff pleaded guilty and went er they are representing a children’s brought before them not only so justice to jail for wire fraud and conspiracy, advocacy group, the business commu- is done, but also that the system of jus- and the investigations into his activi- nity, a labor organization, or a public tice we have created enjoys the respect ties revealed what can only be charac- interest association. That input is im- and trust of the people of this country. terized as the most sleazy, unethical, portant to us as long as it aids but does Here is the situation in this case. We ultimately illegal behavior by Mr. not dictate our decisions. It is impor- have a tough, underlying bill with sub- Abramoff, his associates, and individ- tant that the process be transparent. stantial reforms to congressional eth- uals in both the legislative and execu- There is much in this bill, which we ics and lobbying, but there is no tive branches of Government. worked very hard on in the Homeland change in the enforcement mechanism One Member pleaded guilty to con- Security and Governmental Affairs for implementing the broader reforms spiracy and making false statements Committee last year, that improves that would be adopted under the under- regarding political favors given to the transparency of the process, but we lying bill. That is what we propose to Abramoff in exchange for gifts. A need to add the enforcement piece. We do with this amendment number 30, es- former Deputy Chief of Staff for a Con- need to make sure not only that we tablish an Office of Public Integrity. I gressman pleaded guilty to conspiracy ban inappropriate practices, not only will get to it in a moment, but I would and corruption charges. A former offi- that we have full and more accessible also like to echo an appeal that the cial at the General Services Adminis- disclosure, but we need the enforce- Senator from Maine made. tration in the Office of Management ment piece as well. That is what my Unfortunately, I saw respectfully, in and Budget was convicted of lying to distinguished colleague from Con- the wisdom of the Parliamentarian, the various officials at GSA in an attempt necticut as well as the Senators from ruling has come down that this amend- to cover up favorable treatment he Arizona and Illinois have proposed, and ment would not be germane post-clo- gave to Mr. Abramoff. I believe it is the missing piece that ture. We have tried to convince the And just as the news of many of these will make already good legislation an Parliamentarian otherwise. We have scandals was winding down, the Nation excellent bill. not succeeded. That is a given. We re- was shaken again last fall by the news

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.043 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S562 CONGRESSIONAL RECORD — SENATE January 16, 2007 of Congressman Foley’s improper be- ment. I urge them to take a look at the that it doesn’t have sufficient staff to havior. So who can blame the Amer- details. I spoke with one Member ear- handle all the investigations that come ican people for having lost a lot of lier today who said he was concerned before it. But I think it is also a reflec- their confidence in Congress? As we that an irresponsible ethical complaint tion of a judgment that motivates this left town last October for the election would be filed with the independent Of- amendment—that there are times when break, Congress’s public approval rat- fice of Public Integrity in the middle of a charge is made against a Senator beings were hovering in the teens. To put a campaign or before—but particularly fore a committee of his peers or her any doubts to rest, I think the Amer- during the middle of a campaign— peers, Senators, and to establish real ican people sent a message on election would be used in a 30-second commer- credibility for the investigation the day that they wanted a change in cial against an incumbent. Ethics Committee itself has brought in Washington. Some of the exit polls Of course, that can happen now if an independent investigator. We are were stunning because they showed somebody files a complaint with the saying that makes good sense, and that that more voters identified corruption Ethics Committee. But, in fact, I think is exactly what our amendment would in Washington as influencing their the proposal we have made is aimed at do on an ongoing basis. votes in last fall’s election than any an independent investigation but pro- Finally, I wish to note that at the other issue, including, much to my sur- tecting against exactly that kind of suggestion of our friend and colleague prise, the war in Iraq. abuse. from Arizona, Senator MCCAIN, we are America voted for us to clean up our Let me go through the process, brief- assigning, under this amendment, to act. That is what the underlying bill, ly, to reassure Members. A complaint this Office of Public Integrity, the role S. 1, will do. But it will not do it as may be filed with the Public Integrity of recommending to the Ethics Com- well as it should if we do not also re- Office by a Member of Congress, an mittee the approval or disapproval of form the system by which these rules outside complainant or the Office itself privately funded travel by Members and laws are enforced. That is exactly at its own initiative. No complaint and staff. The underlying bill restricts what this bill does. may be accepted against a Member privately funded travel that may be ac- The legislation before us pledges to within 60 days of an election involving cepted by Members of Congress and the American people that we are going that Member. So we are trying to sepa- contains a new pre-approval process for to put the public interest above our rate this from a campaign caper. privately funded travel. Giving this re- own self-interest. We are saying no to Within 30 days of filing, the director sponsibility to this Office of Public In- gifts and travel from lobbyists. We are must make an initial determination as tegrity, independent as it is, I think demanding greater disclosure from lob- to whether to dismiss the case or will help assure the American people byists about their activities. We are whether there are sufficient grounds that travel requests by Members of the going to slow the revolving door be- for conducting an investigation. Dur- Senate will be scrutinized independ- tween Congress and the lobbying firms ing that time, the Member who is the ently by this independent office. of K Street. The bill before us is one of subject of the complaint may challenge I will conclude, noting that the time the strongest reform measures I have the complaint. The director may dis- is coming to go to the discussion of the seen in the Senate. I am proud to sup- miss a complaint that fails to state a three pending amendments. This pro- port it. But, again, it needs an equally violation, lacks credible evidence of a posal for an Office of Public Integrity strong enforcement mechanism. violation or relates to a violation that is entirely consistent with the Con- Last month, before the ink was dry is inadvertent, technical or otherwise stitution’s mandate that each House of on the House Ethics Committee report of a de minimis nature. Congress determines its own rules and on the allegations of a coverup of Con- I urge my colleagues to particularly sanctions its own members. It is a pro- gressman Foley’s behavior, the press listen to this. posal consistent with the practice of and a lot of the people dismissed it as The Director may refer a case that has the Ethics Committee of bringing in a half-hearted job, a kind of ‘‘inside the been dismissed to the Ethics Committee for outside counsel on occasion to assist in Congress’’ going-easy report. I do not the Ethics Committee to determine if the its work. It is 100 percent consistent complaint is frivolous. If the Ethics Com- with the message the American people accept that conclusion, but the fact is, mittee determines that a complaint is frivo- when you have Members judging Mem- sent in November: for Congress to con- lous, the committee may notify the Director duct itself with honor and dignity, in a bers along the whole way of the proc- not to accept any future complaint filed by fashion that earns their trust. ess, that is where a lot of the people that same person and the complainant may This is a sensible, strong effort to as- be required to pay for the costs of the office are going to inevitably end up. sure the people who are good enough to I know many of my colleagues in the resulting from the complaint. send us to Washington that we are not Senate will say the House has a prob- This is meant to be independent, but only adopting reforms in our lobbying lem, not the Senate. I would say a cou- it is also meant to be fair and to pro- regulations and laws and our ethics ple of things to that. First, we all suf- tect Members from the political abuse regulations and laws, but we are taking fer when any Member of Congress acts of the process we are creating. There is strong action to make sure those re- unethically and Congress seems not to not publicity on this until some judg- forms are well enforced, as they should be responding independently and ag- ment is made, so that the prospects for and must be if we are to restore the gressively. Who is to say the process misuse in a political context, in my public’s confidence in our work. This is we have for judging our own ethical opinion, are actually less under this an important amendment. It deserves a problems will not someday soon also be proposal of ours than they are in the vote. I appeal to my colleagues and seen by the public as having a problem. current system. leaders to give it that. The public does not care whether the This Office of Public Integrity I yield the floor. scandal occurred in the House or the assures the American people that each The PRESIDING OFFICER. Under Senate. To the public, Congress is Con- ethics case is examined by this inde- the previous order, the time between gress. We all swim together or we all pendent entity. But the Ethics Com- 4:30 and 5:30 shall be evenly divided be- sink together. mittee would in no way lose its author- tween and controlled by the two lead- The fact is, under the status quo of ity to be the ultimate judge of whether ers or their designees. enforcement in the Senate, the Ethics a violation has occurred because that Mr. CHAMBLISS. I suggest the ab- Committee, composed of Members of is the authority it has, pursuant to the sence of a quorum. the Senate, investigate, recommend, Constitutional provision that Members The PRESIDING OFFICER. The and decide on judgment. We need to of each Chamber shall regulate their clerk will call the roll. break that and create an independent own behavior. The assistant legislative clerk pro- part of the process, which is exactly It is an interesting fact that the Eth- ceeded to call the roll. what our amendment would do, to con- ics Committee itself has occasionally Mr. DURBIN. Mr. President, I ask duct the investigation and recommend retained independent counsel to inves- unanimous consent that the order for an action. tigate ethics complaints that come be- the quorum call be rescinded. There has been a lot of concern fore it. This, in part, I know, is a re- The PRESIDING OFFICER. Without among Members about this amend- flection of the committee’s concern objection, it is so ordered.

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.044 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S563 Mr. DURBIN. Mr. President, I ask tity, one specific company, or a few, a committee. We will be working with unanimous consent the previous handful, we want those tax earmarks the Committee on Finance, which is quorum call and remaining quorum to be treated with the same disclosure our Senate committee responsible for calls before the vote at 5:30 be equally requirements as the earmarks in appro- tax provisions, to make sure they un- divided against the time on both sides. priations. derstand what our intention will be The PRESIDING OFFICER. Without The DeMint amendment defined a and take any advice they have to offer objection, it is so ordered. limited tax benefit as a revenue-losing that will help us come up with better Mr. DURBIN. Mr. President, at 5:30 provision that provides tax benefits to language. the Senate will be voting on my sec- 10 or fewer beneficiaries or contains I am pleased with this bipartisan so- ond-degree amendment to an amend- eligibility criteria that are not the lution to the concerns that several ment offered by the Senator from same for other potential beneficiaries. Senators had with the original DeMint South Carolina, Mr. DEMINT. I thank That is his original language. earmark amendment. If the second-de- the Senator from South Carolina for I have thought that the number 10 gree amendment is agreed to, we will working with Senator REID and myself was the problematic element in his ap- have a positive vote in passing this to craft a strong provision to deal with proach. I don’t know where the number amendment. I believe it reflects the in- earmark reform. 10 came from. I think it might have tent of all on both sides of the aisle to One of the concerns many had about been in an earlier House version, but I make sure there is more disclosure. the underlying DeMint earmark reform think the language we replace it with Mr. President, I yield the floor. was that we did not think the language makes more sense. The PRESIDING OFFICER. The Sen- was strong enough when it came to tax We define ‘‘limited tax benefit’’ as ator from West Virginia. provisions. There were provisions in any revenue provision that provides a Mr. BYRD. Mr. President, may I ask appropriations bills which direct Federal tax deduction, credit, exclu- the distinguished Senator from Illinois money to entities. They can be private sion, or preference to a particular bene- if there is any additional time I might entities or public entities, they could ficiary or limited group of bene- utilize? be State governments, local govern- ficiaries. Our definition is more expan- Mr. DURBIN. Mr. President, it is my ments, any number of different types of sive, would cover more tax earmarks, understanding that the time has been governmental units, as well as private would require more disclosure, more equally divided prior to voting at 5:30. entities. transparency, more accountability. I I have used a portion of it here, and I For example, I have directed money think that was the goal of Senator ask the Parliamentarian how much in the Defense appropriations bill to DEMINT’s amendment. time is remaining? two firms in Illinois that are doing It is my understanding that he is The PRESIDING OFFICER. The ma- breakthrough research on a variety of going to accept my second-degree jority has 14 minutes remaining. things of importance to the Depart- amendment which is going to tighten Mr. DURBIN. Mr. President, I, of ment of Defense, so the actual firms this language when it comes to tax ear- course, yield all that time to the Sen- were named. That is the nature of an marks. ator from West Virginia. appropriations earmark. I, in my prac- Second, the Durbin amendment re- Mr. BYRD. Mr. President, I thank tice in the office, have been as trans- quires the earmark disclosure informa- the very distinguished Senator for his parent as possible. There is a race to tion be placed on the Internet in a characteristic courtesy. put out a press release as soon as it is searchable format for at least 48 hours James Madison reminds us, in Fed- done because I take great pride in what before consideration of the bills, reso- eralist No. 37, that: we support. lutions, or reports that contain the The genius of republican liberty seems to What we are trying to do is to put earmarks. The DeMint amendment did demand . . . not only that all power should into the rules of the Senate and the not have a similar provision. In the be derived from the people, but that those control of legislation in the Senate world of the Internet, we know that intrusted with it should be kept in depend- more transparency, more account- posting this information 48 hours be- ence on the people. . . . ability, so there is no question, so we fore the bill can be considered so that Let me say that again. James Madi- avoid any abuse such as led to some of the earmarks are known to all who son says, in Federalist No. 37, that the more embarrassing episodes in the care to look is the best way to make ‘‘The genius of republican liberty last Congress resulting in corruption sure there is transparency. So we have seems to demand . . . not only that all charges against lobbyists and Members added this 48-hour disclosure provision power should be derived from the peo- of Congress. before the consideration of a bill, reso- ple, but that those intrusted with it’’— The initial intent of Senator DEMINT lution, or report that contains either meaning that power—‘‘should be kept in his amendment was positive, to an appropriations or a tax earmark. In in dependence on the people. . . .’’ move toward more appropriations ear- that way, we have expanded the avail- To ensure that this quotation I have marks disclosure, but we felt that his ability of information for those who just stated by James Madison is so, it language, when it came to tax provi- follow the proceedings of the Senate. is the representatives of the people in sions, needed to be strengthened. There is more to be done. Senator Congress—including Robert C. Byrd Of course, one can benefit a company HARKIN of Iowa is not in the Senate and all other Senators here—who are by sending money for research. One can now, but he pointed out an element of entrusted with the power of the purse. also benefit a company by giving them the underlying bill that is problematic Now, listen to that. To ensure that a break in the Tax Code. Both are of when it comes to language on this tax this is so, it is the representatives of value to the company. They should be benefit provision. Senator HARKIN is the people in Congress who are en- treated the same when it comes to dis- right. Paragraph B in this bill is sub- trusted with the power of the purse. closure, transparency, and account- ject to misinterpretation. He has sug- ‘‘This power,’’ Madison writes, in ability. gested at some point—before the vote Federalist No. 58, ‘‘may, in fact, be re- The purpose of my second-degree or after—we have a colloquy to make it garded as the most complete and effec- amendment was to strengthen the lan- clear what our intent would be. I am tual weapon with which any constitu- guage of the earmark disclosure when going to join him in that. I am hoping tion can arm the immediate represent- it comes to that. We broadened the def- we can either clean up this paragraph atives of the people, for obtaining a re- inition of what is known as a limited B by way of amendment in the Senate, dress of every grievance, and for car- tax benefit. If we were to provide a cut if not in conference. We do not want rying into effect every just and salu- in the tax rate for all Americans in cer- any ambiguity when it comes to the tary measure.’’ tain income categories, that does not applicability of this provision as it re- We are Senators, the people’s rep- have a particular impact on an indi- lates to limited tax benefits. resentatives. We are here to look after vidual or a company. That is a general I have discussed this with Senator the interests of the people of our tax benefit. When we deal with limited DEMINT, and we will see if we can get States. In many cases, they are not tax benefits, they can be written in a this done in the Senate. If not, I hope well-to-do people. They cannot just way when they benefit one specific en- we can address it in the conference pick up a phone and call the White

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.053 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S564 CONGRESSIONAL RECORD — SENATE January 16, 2007 House. And, too often, the Federal bu- now. Earmarks can be found—yes; How much time do I have, Mr. Presi- reaucracy is an inaccessible morass. In where?—in the President’s budget re- dent? time of need—in drought or flood, when quests. How about that? Earmarks can The PRESIDING OFFICER (Mr. a bridge is near collapse, when safe be found in the President’s budget re- MENENDEZ). The majority’s time has drinking water is not available, when quests, and sometimes as part of the expired. health care services are endangered, budget reconciliation process. Mr. BYRD. I ask unanimous consent when a community is struggling, when There is no law, no rule, no universal to proceed as long as I require, and it worker safety is threatened—the peo- standard that even defines what an ear- won’t be too long. ple call on their representatives in mark is. And so I leave the determina- Mr. CHAMBLISS. Mr. President, I Congress. tion about the propriety and need for would say to the distinguished Senator Many times, we are the only ones an earmark, not with the political pun- from West Virginia through the Chair who are willing to listen. Get that. dits or the so-called watchdog groups that we have 30 minutes on our side, Many times, we are the only ones who or the news media or the unelected bu- and I have two speakers. I know Sen- are willing to listen, and the only reaucrats downtown, but where that ator MCCAIN and Senator DEMINT wish ones—hear me, again—who are willing determination rightfully belongs, to speak. I am not sure how long that to help. We, the people’s representa- where it rightfully belongs under the will take. Does the Senator have an tives, are armed by the Constitution Constitution, with the people, with the idea how much longer he will need, 5 with the power of the purse to ensure people of the United States. minutes, 10 minutes? that the Federal Government is respon- So hear me—hear me, everyone East, Mr. BYRD. I will try to finish in 10 sive to their—the people’s—needs. West, South, and North—when I say minutes. And so when I speak about congres- there is nothing inherently wrong with Mr. CHAMBLISS. I am happy to sional earmarks, I speak about a sub- an earmark. It is an explicit direction yield for an additional 10 minutes to ject that broaches the most serious of from the Congress—the people’s elected the other side. constitutional questions: Who—hear representatives; the Congress—about Mr. BYRD. Mr. President, I thank my me—who shall control expenditures how the Federal Government should generous and considerate friend. from the public treasuries, the unac- spend the people’s money—your money The process may not be flawless, but countable bureaucrats in the executive out there in the hills and mountains if public monies are spent unwisely or branch downtown—I do not speak ill of and prairies and the plains and valleys wastefully, at least the people have the them; they are responsible people—but of this country. I say again, it is an ex- means to know about it. Both the I say, the unaccountable bureaucrats plicit direction—talking about ear- House and Senate in open session must in the executive branch or the rep- marks—from the Congress about how agree on an earmark, and the president resentatives of the people? the Federal Government should spend has an opportunity to veto the measure Let me say that again. We, here in your money, the people’s money. that carries it. There is a record of de- the Senate, are armed by the Constitu- It is absolutely consistent with the bate, and a record of how each Member tion with the power of the purse—in Framers’ intentions. Dispute me, if you of Congress votes. A controversial item this body and the other body—to en- like. Challenge me, if you like, and is available for all to see and judge if sure that the Federal Government is challenge the Constitution of the not before, then certainly after it is en- responsive to their—the people’s— United States. It is codified in Article acted. Ultimately, Senators will have needs. I of the Constitution, giving the power to defend their votes on the floor of the And so when I speak about congres- of the purse to the representatives of Senate, or respond to the inquiries of sional earmarks, I speak about a sub- the people. the media, or stand before the elec- ject that broaches the most serious of We, the representatives of the people, torate and their constituency. The rep- constitutional questions: Who shall have an obligation to be good stewards resentatives of the people in Congress control expenditures from the public of the public treasury and to prevent are held accountable. treasuries, the unaccountable bureau- imprudent expenditures. That is our If the Congress does not specify how crats in the executive branch or the duty. We have an obligation to guard funds are to be spent, then the decision elected representatives of the people in against the corruption of any public of- falls to the executive branch—the so- the legislative branch? ficials who would sell their soul and called ‘‘experts’’ at bureaucratic agen- Earmarks are arguably the most the trust of their constituency in order cies to determine the priorities of this criticized and the least understood of to profit from an official act. That also Nation. In such cases, the American congressional practices. I know it is is our duty, and one not to be taken people may never know who is respon- easy to attack these congressional lightly. But let no person suggest that sible for a spending decision. The practices. Many of the most vocal crit- the Congress errs in using an earmark American people never know how a ics do not understand the purpose of to designate how the people’s money spending decision is made. They may the earmarks they criticize, nor do should be spent. never hear anything about it. In the they have any appreciation of their Let me say that again. Let no person executive bureaucracy, there is far less uses or benefits in the communities suggest that the Congress errs in using accountability to the people. that receive them. an earmark to designate how the peo- We ought to prefer that spending de- Let me say that again. Earmarks— ple’s money—your money out there, cisions be made in an open and public hear me, everybody; those from the your money; hear me, the people’s forum of debate, rather than ensconced States, I know they are always listen- money—should be spent. That is equal- within the hidden and unaccountable ing—earmarks are arguably the most ly our constitutional duty. It does not agencies of the executive branch. The criticized and the least understood of belong to the President. It does not be- fact that controversial earmarks are congressional practices. Many of the long to the unelected bureaucrats in being openly debated, and that several most vocal critics do not understand the executive branch. It belongs to the controversial earmarks were put before the purpose of the earmarks they criti- people through their elected represent- the voters last November, suggests cize, nor do they have any appreciation atives here in Congress. that the system works. Those en- of their uses, meaning the uses of ear- Well intentioned though they may trusted with power are being held ac- marks, or benefits in the communities be, the civil servants making budget countable to the people. that receive these earmarks. decisions in the executive agencies and So I say to Senators that we are Many people do not know that ear- offices of the Federal Government do treading some dangerous constitu- marks are not specific to appropria- not understand the communities that tional grounds with this bombast tions bills. For instance, earmarks can we—you and I, Mr. President, all of us against earmarks. I support, as I al- be found in revenue bills as tax benefits here—represent. ways have, making the budget and ap- for narrowly defined constituencies. They do not meet with the constitu- propriations process more transparent, Earmarks can be found in authoriza- encies. They do not know our States. but let their be no mistake that the tion bills that are wholly separate from They do not know our people. They do misguided cries to do away with ear- the appropriations process. Hear me not see what we see. marks has constitutional ramifications

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.046 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S565 about who controls the power of the pital in Washington, DC, even over- In past years, the Congress routinely purse. The White House recognizes coming a Presidential veto. That fund- failed to consider the annual appropria- this. The President is asking the Con- ing resulted in the construction of tions bills in a timely manner. When gress to reduce congressional ear- what is known as the Children’s Na- they were considered, they too often marks, leaving more spending deci- tional Medical Center. The hospital has took the form of massive omnibus bills sions to the White House and executive become a national and international that were forced upon the Senate with- branch. The President is asking for leader in neonatal and pediatric care. out the opportunity to amend—take it fewer limitations and more flexibility Since the hospital opened, over 5 mil- or leave it. Such practices encouraged in how the executive branch spends the lion children have received health care. the kinds of earmarking practices that people’s money. The President is even Last year, Children’s Hospital treated have been criticized in recent months. taking advantage of the current polit- over 340,000 young patients, and per- As chairman of the Senate Appropria- ical environment to ask for a line-item formed over 10,000 surgeries, saving and tions Committee, I, ROBERT C. BYRD, veto—God help us—a wholly unconsti- improving the lives of thousands of will endeavor to do all that I can to tutional grant of power invalidated young children. Is that wasteful spend- have the annual appropriations bills once before by the Supreme Court. If ing? considered in a timely manner. When so-called earmark reforms happen too In 1983, Congress earmarked funds for the fiscal year 2008 spending bills are quickly and with too little thought to a new emergency food and shelter pro- brought to the floor, I will do all that the constitutional ramifications, it gram. In 2005 alone, the program served I can to allow the Senate to work its could mark the beginnings of a dan- 35 million meals and provided 1.3 mil- will, and to open the spending decisions gerous aggrandizement of the execu- lion nights of lodging to the homeless. of the Congress to the American peo- tive in the legislative process, and I am Is that wasteful spending? ple. not for that. I am not willing to go In 1987, Congress earmarked funds for Senators take an oath to preserve the mapping of the human gene. This along with it. and protect the Constitution. Elimi- project became known as the Human In this rush to label earmarks as the nating waste and abuse in the Federal Genome Project. This research has lead source of our budgetary woes, and calls budget process is important, but pro- to completely new strategies for dis- to expand the budgetary authorities of tecting the character and design of the ease prevention and treatment. The the President, we—Members of the Constitution is absolutely essential. Human Genome Project has led to dis- Senate—should remember why deficits Let’s not lose our heads and subse- coveries of dramatic new methods of have soared to unprecedented levels. quently the safeguards of our rights identifying and treating breast, ovar- Senators will recall that the president and liberties as American citizens. ian, and colon cancers, saving many, has not exercised his current constitu- I yield the floor. tional authorities. He has not vetoed a many lives. Is this wasteful spending? The PRESIDING OFFICER. The Sen- In 1988 and 1995, Congress earmarked single spending or revenue bill. He has ator from Utah controls the remainder funds for the development of unmanned not submitted a single rescission proof the time. aerial vehicles. These efforts produced Mr. BENNETT. Mr. President, I un- posal under the Budget Act. the Predator and the Global Hawk, two What has wrought these ominous derstand the Senator from Illinois has of the most effective assets that have budget deficits are the administra- an action he wishes to take. I yield to been used in the global war on terror. tion’s grossly flawed and impossible him at this point. Is this wasteful spending? The PRESIDING OFFICER. The Sen- budget assumptions. In 2001, the Presi- No. Each of these earmarks was initi- ator from Illinois is recognized. dent inherited a $5.6 trillion, 10-year ated by Congress and produced lasting surplus. After 1 year operating under gains for the American people. AMENDMENT NO. 41 his fiscal policies, that surplus dis- There is no question that the ear- Mr. OBAMA. Mr. President, I ask appeared. We went from a surplus in marking process has grown to exces- unanimous consent that the pending the fiscal year 2001 of $128 billion to a sive levels in recent years. From 1994 amendment be set aside so that I may deficit in the fiscal year 2002 of $158 bil- to 2006, the funding that has been ear- call up amendment No. 41 and ask for lion, followed by the three largest defi- marked has nearly tripled. That is why its immediate consideration. cits in our Nation’s history in the fis- I have joined with House Appropria- The PRESIDING OFFICER. Is there cal years 2003, 2004, and 2005. The ad- tions Committee Chairman OBEY in objection? Without objection, it is so ministration’s excessive tax cuts added calling for a 1-year moratorium on ear- ordered. $3 trillion in budget deficits. The war marks in the fiscal year 2007 joint fund- The clerk will report. in Iraq, which I voted against, has re- ing resolution that will be before the The legislative clerk read as follows: quired the Congress to appropriate $379 Senate next month. That moratorium The Senator from Illinois [Mr. OBAMA] pro- billion, and another $100 billion request will give the Congress the time it needs poses an amendment numbered 41. will arrive from the President next to approve legislation that adds trans- Mr. OBAMA. Mr. President, I ask month. Rather than dealing with these parency to the process of earmarking unanimous consent that reading of the fiscal failures, too many would rather funds. amendment be dispensed with. propagate the specious argument that I support transparency and debate in The PRESIDING OFFICER. Without enlarging the president’s role in the the congressional budget and appro- objection, it is so ordered. budget process and doing away with priations process. I support the provi- The amendment is as follows: congressional earmarks will magically sions included in the ethics bill now (Purpose: To require lobbyists to disclose the reduce these foreboding and menacing pending before the Senate that would candidates, leadership PACs, or political deficits. It absolutely will not. provide a more accountable, above- parties for whom they collect or arrange Often, critics of congressional ear- board, and transparent process by re- contributions, and the aggregate amount of the contributions collected or arranged) marks assert that earmarks, by defini- quiring earmarks for non-Federal enti- tion, are wasteful spending. In the 1969 ties in all of their legislative forms—as Strike section 212 and insert the following: Agriculture Appropriations bill, Con- SEC. 212. QUARTERLY REPORTS ON OTHER CON- authorizing measures, as appropria- TRIBUTIONS. gress earmarked funds for a new pro- tions measures, as revenue measures— Section 5 of the Act (2 U.S.C. 1604) is gram to provide critical nutrition to to be disclosed—yes, let’s have it out in amended by adding at the end the following: low-income women, infants and chil- the open—along with their sponsors ‘‘(d) QUARTERLY REPORTS ON OTHER CON- dren. This program, which is now and essential government purpose, TRIBUTIONS.— known as the WIC program, has since prior to their consideration by the Sen- ‘‘(1) IN GENERAL.—Not later than 45 days provided nutritional assistance to over ate. If the sponsor is ROBERT C. BYRD, after the end of the quarterly period begin- 150 million women, infants and chil- let him show himself. Taxpayers, of ning on the 20th day of January, April, July, and October of each year, or on the first dren, a critical contribution to the West Virginia and the Nation ought to business day after the 20th if that day is not health of the nation. Is that wasteful know how and why spending decisions a business day, each registrant under para- spending? Is that wasteful spending? are made. That is why it is essential to graphs (1) or (2) of section 4(a), and each em- In the 1969 and 1970, Congress ear- ensure that these spending decisions ployee who is listed as a lobbyist on a cur- marked $25 million for a children’s hos- remain in the Congress. rent registration or report filed under this

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.048 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S566 CONGRESSIONAL RECORD — SENATE January 16, 2007 Act, shall file a report with the Secretary of tive branch officials or covered executive To make it very plain, this amend- the Senate and the Clerk of the House of branch officials; ment simply says that all registered Representatives containing— ‘‘(H) the date, recipient, and amount of any Federal lobbyists would have to dis- ‘‘(A) the name of the registrant or lob- gift (that under the standing rules of the close not only the contributions they byist; House of Representatives or Senate counts ‘‘(B) the employer of the lobbyist or the towards the $100 cumulative annual limit de- make but also the contributions they names of all political committees estab- scribed in such rules) valued in excess of $20 have solicited and bundled. It applies lished or administered by the registrant; given by the lobbyist, the registrant, or a po- only to registered lobbyists. It has ‘‘(C) the name of each Federal candidate or litical committee established or adminis- strong support on a bipartisan and bi- officeholder, leadership PAC, or political tered by the registrant to a covered legisla- cameral basis. I hope we can have this party committee, to whom aggregate con- tive branch official or covered executive amendment agreed to. I think it will tributions equal to or exceeding $200 were branch official; and make a strong bill that much stronger. made by the lobbyist, the registrant, or a po- ‘‘(I) the name of each Presidential library With that, I appreciate the time litical committee established or adminis- foundation and Presidential inaugural com- tered by the registrant within the calendar mittee, to whom contributions equal to or given to me by the Senator from Utah. year, and the date and amount of each con- exceeding $200 were made by the lobbyist, I look forward to the vote. tribution made within the quarter; the registrant, or a political committee es- The PRESIDING OFFICER. The Sen- ‘‘(D) the name of each Federal candidate or tablished or administered by the registrant ator from Utah is recognized. officeholder, leadership PAC, or political within the calendar year, and the date and Mr. BENNETT. Mr. President, I sug- party committee for whom a fundraising amount of each such contribution within the gest the absence of a quorum. event was hosted, co-hosted, or sponsored by quarter. The PRESIDING OFFICER. The the lobbyist, the registrant, or a political ‘‘(2) RULES OF CONSTRUCTION.— committee established or administered by clerk will call the roll. ‘‘(A) IN GENERAL.—For purposes of this sub- The legislative clerk proceeded to the registrant within the quarter, and the section, contributions, donations, or other date, location, and total amount (or good funds— call the roll. faith estimate thereof) raised at such event; ‘‘(i) are ‘collected’ by a lobbyist where Mr. NELSON of Nebraska. Mr. Presi- ‘‘(E) the name of each Federal candidate or funds donated by a person other than the dent, I ask unanimous consent that the officeholder, leadership PAC, or political lobbyist are received by the lobbyist for, or order for the quorum call be rescinded. party committee for whom aggregate con- forwarded by the lobbyist to, a Federal can- The PRESIDING OFFICER. Without tributions equal to or exceeding $200 were didate or other recipient; and objection, it is so ordered. collected or arranged within the calendar ‘‘(ii) are ‘arranged’ by a lobbyist— AMENDMENT NO. 71 year, and to the extent known the aggregate ‘‘(I) where there is a formal or informal amount of such contributions (or a good agreement, understanding, or arrangement Mr. NELSON of Nebraska. Mr. Presi- faith estimate thereof) within the quarter between the lobbyist and a Federal candidate dent, I ask unanimous consent that the for each recipient; or other recipient that such contributions, pending amendment be laid aside and ‘‘(F) the name of each covered legislative donations, or other funds will be or have that I may call up my amendment No. branch official or covered executive branch been credited or attributed by the Federal official for whom the lobbyist, the reg- 71. candidate or other recipient in records, des- istrant, or a political committee established The PRESIDING OFFICER. Without ignations, or formal or informal recognitions or administered by the registrant provided, objection, it is so ordered. as having been raised, solicited, or directed or directed or caused to be provided, any The clerk will report. by the lobbyist; or payment or reimbursements for travel and ‘‘(II) where the lobbyist has actual knowl- The legislative clerk read as follows: related expenses in connection with the du- edge that the Federal candidate or other re- The Senator from Nebraska [Mr. NELSON], ties of such covered official, including for cipient is aware that the contributions, do- for himself and Mr. SALAZAR, proposes an each such official— nations, or other funds were solicited, ar- amendment numbered 71. ‘‘(i) an itemization of the payments or reimbursements provided to finance the travel ranged, or directed by the lobbyist. Mr. NELSON of Nebraska. Mr. Presi- and related expenses, and to whom the pay- ‘‘(B) CLARIFICATIONS.—For the purposes of dent, I ask unanimous consent that ments or reimbursements were made with this paragraph— reading of the amendment be dispensed the express or implied understanding or ‘‘(i) the term ‘lobbyist’ shall include a lob- with. byist, registrant, or political committee es- agreement that such funds will be used for The PRESIDING OFFICER. Without travel and related expenses; tablished or administered by the registrant; and objection, it is so ordered. ‘‘(ii) the purpose and final itinerary of the The amendment is as follows: trip, including a description of all meetings, ‘‘(ii) the term ‘Federal candidate or other tours, events, and outings attended; recipient’ shall include a Federal candidate, (Purpose: To extend the laws and rules ‘‘(iii) whether the registrant or lobbyist Federal officeholder, leadership PAC, or po- passed in this bill to the executive and ju- traveled on any such travel; litical party committee. dicial branches of government) ‘‘(iv) the identity of the listed sponsor or ‘‘(3) DEFINITIONS.—In this subsection, the At the appropriate place, insert the fol- sponsors of such travel; and following definitions shall apply: lowing: ‘‘(A) GIFT.—The term ‘gift’— ‘‘(v) the identity of any person or entity, SEC. ll. EQUAL APPLICATION OF ETHICS other than the listed sponsor or sponsors of ‘‘(i) means a gratuity, favor, discount, en- RULES TO EXECUTIVE AND JUDICI- the travel, who directly or indirectly pro- tertainment, hospitality, loan, forbearance, ARY. vided for payment of travel and related ex- or other item having monetary value; and (a) GIFT AND TRAVEL BANS.— penses at the request or suggestion of the ‘‘(ii) includes, whether provided in kind, by (1) IN GENERAL.—The gift and travel bans lobbyist, the registrant, or a political com- purchase of a ticket, payment in advance, or that become the rules of the Senate and law mittee established or administered by the reimbursement after the expense has been upon enactment of this Act, shall be the registrant; incurred— minimum standards employed for any person ‘‘(G) the date, recipient, and amount of ‘‘(I) gifts of services; described in paragraph (2). funds contributed, disbursed, or arranged (or ‘‘(II) training; (2) APPLICABILITY.—A person described in a good faith estimate thereof) by the lob- ‘‘(III) transportation; and this paragraph is the following: byist, the registrant, or a political com- ‘‘(IV) lodging and meals. (A) SENIOR EXECUTIVE PERSONNEL.—A per- mittee established or administered by the ‘‘(B) LEADERSHIP PAC.—The term ‘leader- son— registrant— ship PAC’ means with respect to an indi- (i) employed at a rate of pay specified in or ‘‘(i) to pay the cost of an event to honor or vidual holding Federal office, an unauthor- fixed according to subchapter II of chapter 53 recognize a covered legislative branch offi- ized political committee which is associated of title 5, United States Code; cial or covered executive branch official; with an individual holding Federal office, ex- (ii) employed in a position which is not re- ‘‘(ii) to, or on behalf of, an entity that is cept that such term shall not apply in the ferred to in clause (i) and for which that per- named for a covered legislative branch offi- case of a political committee of a political son is paid at a rate of basic pay which is cial, or to a person or entity in recognition party.’’. equal to or greater than 86.5 percent of the of such official; Mr. OBAMA. Mr. President, this is a rate of basic pay for level II of the Executive ‘‘(iii) to an entity established, financed, supplement to what I already think is Schedule, or, for a period of 2 years following maintained, or controlled by a covered legis- an excellent bill that has been pre- the enactment of the National Defense Au- lative branch official or covered executive sented by the two leaders to try to im- thorization Act for Fiscal Year 2004, a person branch official, or an entity designated by who, on the day prior to the enactment of such official; or prove our processes and provide more that Act, was employed in a position which ‘‘(iv) to pay the costs of a meeting, retreat, transparency and accountability in is not referred to in clause (i) and for which conference, or other similar event held by, or how lobbyists interact and how we con- the rate of basic pay, exclusive of any local- for the benefit of, 1 or more covered legisla- duct ourselves in an ethical fashion. ity-based pay adjustment under section 5304

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.035 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S567 or section 5304a of title 5, United States by the Abramoff scandal and other mis- Mr. DEMINT. Yes. I ask unanimous Code, was equal to or greater than the rate deeds. With the underlying bill, Con- consent to speak. I apologize, Mr. of basic pay payable for level 5 of the Senior gress has shown it is taking seriously President. I am getting ahead of myself Executive Service on the day prior to the en- today. I thank the Parliamentarian. actment of that Act; its responsibility to the American peo- (iii) appointed by the President to a posi- ple its responsibility to set rules for be- Am I free to speak at this point? tion under section 105(a)(2)(B) of title 3, havior by Members and staff that The PRESIDING OFFICER. The Sen- United States Code or by the Vice President aren’t just words on a page in a dusty ator is recognized. to a position under section 106(a)(1)(B) of ethics manual. AMENDMENTS NOS. 44, AS MODIFIED AND 11 title 3, United States Code; or I applaud the effort that has gone Mr. DEMINT. Mr. President, we are (iv) employed in a position which is held by into ethics reform. It has been a good getting ready to vote on a couple of an active duty commissioned officer of the debate. There is one point that I dis- amendments. One is Senator DURBIN’s uniformed services who is serving in a grade which I believe improves the under- or rank for which the pay grade (as specified cussed last year—- as early as the in section 201 of title 37, United States Code) Rules Committee markup—- that I feel lying amendment, which is my amend- is pay grade O-7 or above. needs to again be part of the debate ment No. 11. I thank Senator REID and (B) VERY SENIOR EXECUTIVE PERSONNEL.—A this year. Last year I offered a sense- Senator DURBIN and a number of Mem- person described in section 207(d)(1) of title of-the-Senate amendment to make bers on the Democratic side who 18, United States Code. many of the reforms we have consid- worked with us to perfect this amend- (C) SENIOR MEMBERS OF JUDICIAL BRANCH.— ered throughout this ethics debate ment in a way that will be good for the A senior member of the judicial branch, as apply to all branches of government. I country and will be much more trans- defined by the Judicial Conference of the parent in how we do business. I have United States. am pleased that this sense of the Sen- (b) STAFF LOBBYING.— ate was accepted and is included in the asked to be a cosponsor of Senator (1) IN GENERAL.—Section 207(c)(2)(A) of underlying bill. DURBIN’s amendment, which will come title 18, United States Code, is amended by Today I have filed and proposed up before mine. I again encourage all striking clauses (i) through (v) and inserting amendment No. 71, which builds on the my Republican and Democratic col- the following: principle behind this sense of the Sen- leagues to support Senator DURBIN’s ‘‘(i) employed by any department or agen- amendment, as well as the underlying cy of the executive branch; or ate that the standards employed in this ‘‘(ii) assigned from a private sector organi- bill should be the minimum standards amendment. zation to an agency under chapter 37 of title that guide the other branches of Gov- I remind my colleagues, I think these 5.’’. ernment. The revolving door isn’t just two amendments focus on the most (2) CONFORMING AMENDMENT.—Section on the front of the U.S. Capitol. It egregious problem with this whole idea 207(c)(2)(C) of title 18, United States Code, is spins freely in the executive branch—in of ethics and lobbying reform. It makes amended— every Federal agency in Washington. all of the earmarks, all of the des- (A) by redesignating clauses (i) and (ii) as My amendment has three parts: ignated spending—some folks refer to subclauses (I) and (II), respectively; this as specific favors for interest (B) by inserting ‘‘(i)’’ before ‘‘At the re- The first provision says the gift and travel quest’’; bans of this bill should be the minimum groups—everything we do to designate (C) by striking ‘‘referred to in clause (ii) or standards employed by the executive and ju- funds in a particular direction, it just (iv) of subparagraph (A)’’ and inserting ‘‘de- dicial branches. The second provision ex- requires us to disclose these, to dis- scribed in clause (ii)’’; and tends the Senate’s 1-year ban on lobbying by close them in a way that the American (D) by adding at the end the following: former staff to the executive branch. The people can see, can find them on the ‘‘(ii) A position described in this clause is third provision extends the Senate’s negotiating of future employment provisions to the Internet, and can determine for them- any position— selves if this is a good way to spend ‘‘(I) where— executive branch as well. their taxpayers’ dollars. We believe, as ‘‘(aa) the person is not employed at a rate I believe in disclosure, transparency of pay specified in or fixed according to sub- and restoring integrity to our govern- I think the American people do, that if chapter II of chapter 53 of title 5; and ment. The question here isn’t whether it is clear what we are doing while we ‘‘(bb) for which that person is paid at a reforms are needed, they are. But we are doing it and who is doing it, it will, rate of basic pay which is equal to or greater need to make sure we are imple- first of all, limit unnecessary earmarks than 86.5 percent of the rate of basic pay for and unnecessary Federal spending, but level II of the Executive Schedule, or, for a menting the right reforms. Any reforms need to apply to all branches of it will also create a lot more account- period of 2 years following the enactment of ability for this designated spending the National Defense Authorization Act for government if we are to begin the proc- which we do attach to bills. Fiscal Year 2004, a person who, on the day ess of rebuilding trust between the gov- I thank my Democratic colleagues prior to the enactment of that Act, was em- ernment and the people. for working constructively with us. We ployed in a position which is not referred to Mr. President, I think the underlying made progress and created a better bill. in clause (i) and for which the rate of basic bill is incomplete without my amend- I encourage all of my colleagues to pay, exclusive of any locality-based pay ad- ment, and I urge my colleagues to justment under section 5304 or section 5304a vote for both of the amendments to- of title 5, was equal to or greater than the adopt it. I yield the floor. night. rate of basic pay payable for level 5 of the I yield the floor. Senior Executive Service on the day prior to Mr. President, I suggest the absence LIMITED TAX BENEFITS the enactment of that Act; or of a quorum. ‘‘(II) which is held by an active duty com- The PRESIDING OFFICER. The Mr. HARKIN. Mr. President, I am missioned officer of the uniformed services clerk will call the roll. concerned about a possible misunder- who is serving in a grade or rank for which The legislative clerk proceeded to standing of the intent of the language the pay grade (as specified in section 201 of call the roll. in the proposed Senate rule XLIV con- title 37) is pay grade O-7 or above.’’. Mr. DEMINT. Mr. President, I ask cerning earmarks. My specific concern (c) SENIOR EXECUTIVE STAFF EMPLOYMENT unanimous consent that the order for goes to the definition in the proposal NEGOTIATIONS.—Senior and very senior Exec- concerning ‘‘limited tax benefits.’’ The utive personnel shall not directly negotiate the quorum call be rescinded. or have any arrangement concerning pro- The PRESIDING OFFICER. Without definition contains two parts. The first spective private employment while employed objection, it is so ordered. is a two-part test that provides that in that position unless that employee files a Mr. DEMINT. Mr. President, I would limited tax benefit is one that ‘‘pro- signed statement with the Office of Govern- like to make a few comments about a vides a Federal tax deduction, credit, ment Ethics for public disclosure regarding couple of amendments on which we are exclusion, or preference to a particular such negotiations or arrangements within 3 getting ready to vote. One is mine, and beneficiary or limited group of bene- business days after the commencement of ficiaries under the Internal Revenue such negotiation or arrangement, including one is an amendment to my amend- the name of the private entity or entities in- ment by Senator DURBIN. Code of 1986, and (B) contain eligibility volved in such negotiations or arrangements, The PRESIDING OFFICER. Is the criteria that are uniform in application the date such negotiations or arrangements Senator seeking unanimous consent to with respect to potential beneficiaries commenced. speak? There is an order presently to of such provision’’. The key here is the Mr. NELSON of Nebraska. Mr. Presi- vote at this time. Is the Senator seek- word ‘‘and’’ after 1986. The second part dent, last year, Washington was rocked ing unanimous consent? simply provides that if this test is not

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.036 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S568 CONGRESSIONAL RECORD — SENATE January 16, 2007 met, that only a tax that benefits a and defines a ‘‘limited tax benefit’’ as NOT VOTING—2 single entity is a ‘‘limited tax benefit.’’ ‘‘any revenue provision that provides a Conrad Johnson I am told that there are some who Federal tax deduction, credit, exclu- might define ‘‘potential beneficiaries’’ sion, or preference to a particular bene- The amendment (No. 44), as modified, to only include a variation in the ficiary or limited group of bene- was agreed to. treatment of the class covered by the ficiaries’’. This is stronger language—a Mr. WYDEN. I move to reconsider amendment. This would not be logical. limited group can be far more than 10. the vote. My perception, prior to our voting, is The Durbin second-degree amend- Mr. HARKIN. I move to lay that mo- that the intent of those two words ‘‘po- ment also requires that the earmark tion on the table. tential beneficiaries’’ means a category disclosure information be placed on the The motion to lay on the table was or class of taxpayers impacted by the internet in searchable format for at agreed to. tax provision. In other words, if the least 48 hours before consideration of AMENDMENT NO. 11, AS AMENDED Senate was considering the modifica- the bills containing earmarks. The The PRESIDING OFFICER. The tion of the alternative minimum tax to DeMint amendment did not previously question is on agreeing to amendment not include a specific tax provision in have a similar provision. No. 11, as amended. the code as counting as income under In summary, the Durbin language Mr. DEMINT. I ask for the yeas and the AMT, that would not be considered has improved this amendment which nays. a limited tax benefit, because it would will now increase the transparency of The PRESIDING OFFICER. Is there a impact all of the potential bene- earmarks contained in conference re- sufficient second? There appears to be ficiaries equally. On the other hand, if port language, as well as include dis- a sufficient second. The clerk will call one was considering a provision that closure of tax provisions that benefit the roll. went into the code and said that we limited groups of beneficiaries. The assistant legislative clerk called the roll. should not count that class of income The PRESIDING OFFICER. Under Mr. DURBIN. I announce that the as AMT income as applied to X or Y, the previous order, the hour of 5:30 p.m. Senator from North Dakota (Mr. that would not be treating everyone in having arrived, the Senate will proceed CONRAD) and the Senator from South the class the same. In the latter case, to a vote on or in relation to amend- Dakota (Mr. JOHNSON) are necessarily we would be triggering subsection ‘‘B,’’ ment No. 44, as modified, offered by the because there was not uniform treat- absent. Senator from Illinois, Mr. DURBIN. ment of all potential beneficiaries of The PRESIDING OFFICER. Are there Mrs. FEINSTEIN. I ask for the yeas the break. And accordingly, if the num- any other Senators in the Chamber de- and nays. ber impacted in the second case was a siring to vote? ‘‘limited group of beneficiaries,’’ it The PRESIDING OFFICER. Is there a The result was announced—yeas 98, would be considered a limited tax ben- sufficient second? nays 0, as follows: efit. There appears to be a sufficient sec- [Rollcall Vote No. 11 Leg.] Mr. DURBIN. Mr. President, I believe ond. YEAS—98 that the Senator from Iowa has raised The question is on agreeing to Akaka Dorgan Menendez an important point. we need to clarify amendment No. 44, as modified. The Alexander Durbin Mikulski how the amendment applies to targeted clerk will call the roll. Allard Ensign Murkowski Baucus Enzi tax benefits. We would like the lan- The legislative clerk called the roll. Murray Bayh Feingold Nelson (FL) guage of the amendment to capture a Mr. DURBIN. I announce that the Bennett Feinstein Nelson (NE) wide variety of situations where a Senator from North Dakota (Mr. Biden Graham Obama Bingaman Grassley Pryor small number of taxpayers receive spe- CONRAD) and the Senator from South Bond Gregg cial treatment. I hope that we can Reed Dakota (Mr. JOHNSON) are necessarily Boxer Hagel Reid work with Senator DEMINT, the Senate absent. Brown Harkin Roberts Brownback Hatch Finance Committee, and any other in- Rockefeller The PRESIDING OFFICER. Are there Bunning Hutchison Salazar terested Senators to make appropriate any other Senators in the Chamber de- Burr Inhofe Sanders changes to this amendment during con- Byrd Inouye siring to vote? Schumer Cantwell Isakson ference, if not sooner, so that the lan- Sessions The result was announced—yeas 98, Cardin Kennedy guage is clear and the outcome in- nays 0, as follows: Carper Kerry Shelby creases transparency and account- Smith [Rollcall Vote No. 10 Leg.] Casey Klobuchar ability. Chambliss Kohl Snowe Mr. LEVIN. Mr. President, I will vote YEAS—98 Clinton Kyl Specter Coburn Landrieu Stabenow Akaka Dorgan Menendez in favor of the DeMint amendment as Cochran Lautenberg Stevens Alexander Durbin Mikulski amended by the Durbin amendment. Coleman Leahy Sununu Allard Ensign Murkowski Collins Levin Tester Last week, I voted to table the origi- Baucus Enzi Murray Corker Lieberman Thomas nal DeMint amendment because it Bayh Feingold Nelson (FL) Cornyn Lincoln Thune Bennett Feinstein would have stricken earmark reform Nelson (NE) Craig Lott Vitter Biden Graham language in the Reid-McConnell bipar- Obama Crapo Lugar Voinovich Bingaman Grassley Pryor DeMint Martinez Warner tisan substitute and replaced it with Bond Gregg Reed Dodd McCain Webb provisions which contain, among other Boxer Hagel Reid Dole McCaskill Whitehouse Brown Harkin things, a definition of earmarked tax Roberts Domenici McConnell Wyden Brownback Hatch Rockefeller benefits which is weaker than the Reid- Bunning Hutchison Salazar NOT VOTING—2 McConnell language. Burr Inhofe Sanders Byrd Inouye Conrad Johnson The DeMint amendment would have Schumer Cantwell Isakson defined a tax benefit as an earmark Sessions The amendment (No. 11), as amended, Cardin Kennedy only if it benefits 10 or fewer bene- Carper Kerry Shelby was agreed to. ficiaries. This would have left open a Casey Klobuchar Smith Mr. MENENDEZ. I move to recon- Chambliss Kohl Snowe sider the vote. loophole for earmarks which were Specter aimed at benefiting very small groups Clinton Kyl Mr. NELSON of Florida. I move to Coburn Landrieu Stabenow of people, even as few as 11. It would Cochran Lautenberg Stevens lay that motion on the table. have been relatively easy to cir- Coleman Leahy Sununu The motion to lay on the table was cumvent the DeMint language and the Collins Levin Tester agreed to. Corker Lieberman Thomas CLOTURE MOTION intent of the tax earmark language in Cornyn Lincoln Thune the bill. Craig Lott Vitter The PRESIDING OFFICER (Mr. The Durbin second-degree amend- Crapo Lugar Voinovich SALAZAR). Under the previous order ment which has been adopted removes DeMint Martinez Warner and pursuant to rule XXII, the clerk Dodd McCain Webb the limitation of ‘‘10 or fewer bene- Dole McCaskill Whitehouse will report the motion to invoke clo- ficiaries’’ from the DeMint amendment Domenici McConnell Wyden ture.

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.042 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S569 The assistant legislative clerk read ment No. 37 that has been offered by steps, and I would like to focus on one as follows: the Senator from South Dakota to the of those positive developments. I sug- CLOTURE MOTION legislative and lobbying transparency gested in May 2004 that to increase We, the undersigned Senators, in accord- legislation, S. 1. transparency in grant awards, the EPA ance with the provisions of rule XXII of the The Federal Funding Accountability should develop a publicly accessible, Standing Rules of the Senate, do hereby and Transparency Act of 2006, which no-cost Web site with information on move to bring to a close debate on the Reid became law this past September 26, EPA’s grants and recipients. I sug- amendment No. 4 to Calendar No. 1, S. 1 2006, requires that the Office of Man- gested this Web site cover future grant Transparency in the Legislative Process. agement and Budget develop a single, recipients as well as grants awarded Harry Reid, Dianne Feinstein, Joseph searchable, public Web site that pro- Lieberman, Tom Carper, Ken Salazar, over the past 10 years. I also provided vides information on all types of Fed- some examples of useful information to Robert Menendez, Patty Murray, Jon eral awards including Federal grants, Tester, Jack Reed, Joe Biden, Debbie include on the Web site such as the Stabenow, Daniel K. Akaka, Barbara sub grants, loans, contracts, coopera- grant recipient’s name, agency grant Mikulski, Benjamin L. Cardin, Dick tive agreements, and other forms of fi- number, Catalog of Federal Domestic Durbin, Ted Kennedy. nancial awards that entities, including Assistance number, the type of recipi- The PRESIDING OFFICER. The nonprofit organizations, receive from ent—governmental entity, nonprofit, the Federal Government. This Web site mandatory quorum has been waived. eductional institution, foreign recipi- is to be accessible to the public at no The question is, Is it the sense of the ent, etc.—the grant project location, cost and contains information such as Senate that debate on amendment No. beginning and ending project dates of the entity receiving the award, the 4, offered by the Senator from Nevada, grants, the amount of the grant, the amount, and the purpose. Mr. REID, be brought to a close? The Senate amendment No. 37, that has total cost of the project or cumulative yeas and nays are mandatory under been offered by the Senator from South amount of grants for the particular rule XXII. Dakota, Senator THUNE, builds upon project, the grant description or pur- The clerk will call the roll. the Federal Funding Accountability pose, the grant’s expected outcome, the The legislative clerk called the roll. and Transparency Act by requiring en- approving office or program within the Mr. DURBIN. I announce that the tities that receive Federal funding to agency, and the agency project officer Senator from North Dakota (Mr. publicly disclose those funds, disclose and awarding officers’ contact informa- CONRAD) and the Senator from South that entity’s political advocacy, and tion. Dakota (Mr. JOHNSON) are necessarily the amount spent on its political advo- Since that time, EPA has created absent. cacy. Under this amendment, political this new Web site with the most pub- Mr. LOTT. The following Senator advocacy includes influencing legisla- licly available information ever pro- was necessarily absent: the Senator tion, involvement in political cam- vided on EPA grants and recipients. from South Carolina (Mr. DEMINT). paigns, litigation with the Federal The EPA’s grant awards database may The PRESIDING OFFICER. Are there Government, and supporting other en- be easily found on the EPA’s Web site any other Senators in the Chamber de- tities that engage in these types of po- and has been available since 2004. siring to vote? litical advocacy. In his remarks upon I believe that placing this informa- The yeas and nays resulted—yeas 95, offering Senate amendment No. 37, the tion on the World Wide Web for anyone nays 2, as follows: Senator from South Dakota stated to access has greatly increased the [Rollcall Vote No. 12 Leg.] that his amendment will shed further transparency of the grants process YEAS—95 light on organizations that receive within the EPA and has required EPA Akaka Durbin Menendez Federal funding that are at the same to be more accountable for the types of Alexander Ensign Mikulski time also involved in advocacy on Fed- grants, recipients, and oversight of the Allard Enzi Murkowski eral issues. I could not agree more that grants awarded. Likewise, I believe Baucus Feingold Murray the transparency required in this Bayh Feinstein Nelson (FL) that placing information on the World Bennett Graham Obama amendment is necessary and that this Wide Web concerning the political, lob- Biden Grassley Pryor is something the American people Bingaman Gregg bying, and litigation activity of reg- Reed would like to see happen. ular recipients of Federal funds pro- Bond Hagel Reid For the past two Congresses, I have Boxer Harkin Roberts vides needed transparency that I be- Brown Hatch been the chairman of the U.S. Senate Rockefeller lieve the American people may be sur- Brownback Hutchison Salazar Environment and Public Works Com- Bunning Inhofe prised to see and may provide a tool for Sanders mittee. In that role, I designated Burr Inouye appropriate Federal agencies to use to Schumer Byrd Isakson grants management at the Environ- Sessions ensure that Federal dollars are not Cantwell Kennedy mental Protection Agency, EPA, as Shelby being misused for political purposes. Cardin Kerry one of the priority oversight areas of Carper Klobuchar Smith In many cases, when the Federal Snowe the committee. I began this oversight Casey Kohl Government awards a grant to a pri- Chambliss Kyl Specter by conducting a committee hearing Clinton Landrieu Stabenow where representatives from the EPA, vate organization, it is a nonprofit, Cochran Lautenberg Stevens EPA inspector general, the Govern- tax-exempt organization. The Internal Coleman Leahy Sununu Revenue Service has classified these Tester ment Accountability Office, and a pri- Collins Levin organizations as section 501(c)(3) chari- Corker Lieberman Thomas vate organization called Taxpayers for Cornyn Lincoln Thune Common Sense testified to severe defi- table organizations after that section Craig Lott Vitter ciencies in grants management at EPA of the Internal Revenue Code. However, Crapo Lugar Voinovich I have delivered remarks concerning Dodd Martinez Warner for at least the past 10 years and re- Dole McCain Webb gardless of Presidential administra- the political activities of recipients of Domenici McCaskill Whitehouse tion. In fact, the EPA inspector gen- Federal funds or their closely affiliated Dorgan McConnell Wyden eral’s testimony at that hearing fo- organizations. Some of these 501(c)(3) NAYS—2 cused on a nonprofit Federal grant re- organizations that regularly receive Coburn Nelson (NE) cipient that had received close to $5 Federal funds are often closely affiliated with corresponding section NOT VOTING—3 million over 5 years in violation of the Lobbying Disclosure Act. The EPA has 501(c)(4) and 527 organizations and po- Conrad DeMint Johnson had a particularly bad habit of award- litical action committees all highly in- The PRESIDING OFFICER. On this ing large grants to special interest and volved in lobbying and political activi- vote, the yeas are 95, the nays are 2. partisan groups and, in many cases, ties every year and in each election Two-thirds of the Senators duly chosen with little oversight. However, this is a cycle. Although this article is dated, and sworn having voted in the affirma- problem that can plague all Federal one of the best articles that describes tive, the motion is agreed to. agencies and departments. this tangled web of political financing Mr. INHOFE. Mr. President, I am Since the beginning of this oversight, and advocacy was a Washington Post pleased to cosponsor Senate amend- EPA has taken a number of positive article from September 27, 2004, which I

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.058 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S570 CONGRESSIONAL RECORD — SENATE January 16, 2007 will request to have printed in its en- con—Citizens United and Project Vote oper- disclosure requirements. But, based on inter- tirety at the conclusion of my re- ate under the radar of regulation and public views and an examination of available marks. This article contains a quote disclosure in what campaign finance expert records, it seems likely their total spending from a former Federal Election Com- Anthony Corrado of the Brookings Institu- will be from $70 million to $100 million this tion and Colby College described as ‘‘a real election cycle, with expenditures by pro-Re- mission official stating: black hole.’’ publican and pro-Democratic groups roughly In the wake of the ban on party-raised soft Known as 501c groups, for a statute in the equal. money, evidence is mounting that money is tax code, these tax-exempt advocacy and There are huge unknowns, however. For slithering through on other routes as organi- charitable organizations are conduits for a example, the U.S. Chamber of Commerce’s zations maintain various accounts, tripping steady stream of secretive cash flowing into Institute for Legal Reform, a 501c (6) busi- over each other, shifting money between the election, in many respects unaffected by ness organization, has an annual budget of 501(c)(3)’s, (c)(4)’s, and 527’s.... It’s big the McCain-Feingold legislation enacted in more than $40 million. The National Rifle money, and the pendulum has swung too far 2002. Unlike other political groups, 501c orga- Association, a 501c (4), has a budget of more in their direction. nizations are not governed by the Federal than $200 million, which the group’s chief ex- While I understand that Senate Election Commission but by the Internal ecutive, Wayne LaPierre Jr., can tap to in- amendment No. 37 does not reach into Revenue Service, which in a complex set of crease voter turnout among not only its 4 regulations delineates a range of allowable this tangled web of political and lob- million members but also the 14 percent of activities that are subject to minimal disclo- the electorate that has a ‘‘very favorable’’ bying financing to separate Federal sure long after Election Day. view of the NRA. funding from private dollars, this A 501c (3) group can register voters, and do- Equally difficult to track is the burst of amendment does make publicly avail- nations to it are tax deductible, but it is pro- money going to the network of hundreds of able on a single Web site information hibited from engaging in partisan or elec- generally liberal and pro-Democratic turn- on recipients of Federal awards and a tioneering work. A 501c (4), (5) or (6) group out operations, including Project Vote, the can be involved in elections, but the cost of NAACP Voter Education Fund and description of the political and lob- doing so must be less than one-half the bying activities in which those organi- USAction, none of which discloses its con- group’s total budget. Public Citizen, in a re- tributors. zations have been involved. This kind port last week titled ‘‘The New Stealth Some board members, consultants, lawyers of disclosure has begun the process of PACs,’’ contended that many of the politi- and staff members of many of these non- applying transparency and reform to cally active 501c (4) groups regularly spend partisan 501c organizations are, in fact, ac- grants management at the EPA and I more than half their budgets on political active partisans, separately working for cam- believe will also direct needed public tivities in violation of IRS rules. paigns, political parties and groups. IRS rules also stipulate that electioneering Perhaps no one better illustrates the host attention on the political and lobbying by 501c (4), (5) and (6) groups cannot be ‘‘ex- activities of organizations that regu- of interlocking roles than Carl Pope, one of press advocacy’’—that is, telling people to the most influential operatives on the Demo- larly receive taxpayer funding. vote for or against specific candidates. But cratic side in the 2004 election. As executive Mr. President, I ask unanimous con- such groups can run ads that address public director of the Sierra Club, a major 501c (4) sent that the article to which I referred issues such as immigration or taxes and that environmental lobby, Pope also controls the be printed in the RECORD. refer to the stands of candidates in ways that Sierra Club Voter Education Fund, a 527. The There being no objection, the mate- help or hurt them. Voter Education Fund 527 has raised $3.4 mil- In the 2004 campaign, these legal distinc- lion this election cycle, with $2.4 million of rial was ordered to be printed in the tions have translated into two specific roles that amount coming from the Sierra Club. A RECORD, as follows: for these groups. One is to mobilize voters third group, the Sierra Club PAC, has since [From the Washington Post, Sept. 27, 2004] for Election Day. The other is to articulate 1980 given $3.9 million to Democratic can- NEW ROUTES FOR MONEY TO SWAY VOTERS— criticism and orchestrate attacks that candidates and $173,602 to GOP candidates. 501C GROUPS ESCAPE DISCLOSURE RULES didates and their parties may not want to These activities just touch the surface of (By Thomas B. Edsall and James V. launch themselves. That is the role assumed Pope’s political involvement. In 2002–03, Pope Grimaldi) by Citizens United, whose president, David helped found two major 527 groups: America In recent months, ads mocking Democratic N. Bossie, is no stranger to hardball conserv- Votes, which has raised $1.9 million to co- presidential nominee John F. Kerry have ative politics. ordinate the election activities of 32 liberal Asked whether he would provide the names been surfacing in battleground states and on groups, and America Coming Together of his donors, Bossie said, ‘‘No, we follow the national cable channels, paid for by a group (ACT), which has a goal of raising more than rules that are in place for 501c groups.’’ called Citizens United. The rapid emergence of 501c and 527 groups $100 million to mobilize voters to cast ballots In one television commercial playing off in this election cycle is a direct consequence against Bush. Finally, Pope is treasurer of a the MasterCard ‘‘Priceless’’ ads, the an- of the changes in political spending brought new 501c (3) foundation, America’s Families nouncer describes Kerry’s $75 haircuts, $250 about by McCain-Feingold. The groups have United, which reportedly has $15 million to designer shirts and $30 million worth of sum- essentially emerged to do what the law pre- distribute to voter mobilization groups. mer and winter homes. As a picture of Kerry vents parties from doing: They raise and ‘‘I am in this as deeply as I am,’’ Pope said, and Sen. Edward M. Kennedy (D-Mass.) ap- spend unlimited contributions of ‘‘soft ‘‘because I think this country is in real pears on screen, the announcer concludes: money’’ from corporations, unions and peril.’’ ‘‘Another rich, liberal elitist from Massachu- wealthy donors to influence federal elec- Although the McCain-Feingold law was setts who claims he’s a man of the people. tions. generally a boon for 501c groups, one provi- Priceless.’’ Kent Cooper, who has watched the intri- sion has tightened restrictions on the way The spot, more hard-edged than the ads cate ways money gets into the political sys- they spend their money. The law’s ban on run by the official Bush-Cheney ’04 cam- tem, first as chief of public records at the the use of corporate and union funds to fi- paign, is in the same provocative vein as the FEC and now as co-founder of nance issue ads in the final 60 days before controversial Swift Boat Veterans for Truth PoliticalMoneyLine, said there is a growing the general election has prompted such con- ads that have dominated much of the cam- need for more stringent regulation of 501c servative groups as Americans for Job Secu- paign since late August. There is one major groups. rity and the 60 Plus Association to move difference, however: The Swift Boat group In the wake of the ban on party-raised soft away from radio and television advertising must disclose who is paying for its ads; Citi- money, Cooper said, evidence is mounting and toward voter mobilization and non- zens United does not have to tell anybody that money ‘‘is slithering through on other broadcast advocacy, primarily through di- where it got its money or how it is spent. routes,’’ as organizations ‘‘maintain various rect mail, newspaper ads and the Internet. Neither does Project Vote, a group run by accounts, tripping over each other, shifting Although corporate-backed tax-exempt former Ohio Democratic Party chairman money between 501c (3)s, c (4)s and 527s. . . . groups are struggling to comply with David J. Leland that hopes to register 1.15 It’s big money, and the pendulum has swung McCain-Feingold, liberal, pro-Democratic million new voters in black, Hispanic and too far in their direction.’’ charitable and tax-exempt organizations are poor white communities. Nor do two major Until 2000, neither 527s nor 501c organiza- concentrating much of their time, money voter registration and turnout projects tions were required to list donors or account and effort on voter registration and turnout. called ‘‘I Vote Values’’ and ‘‘The Battle for for expenditures. Sen. John McCain (R– These activities do not fall under the 60-day Marriage,’’ backed by some of the largest or- Ariz.), angered at smears aimed at his presi- broadcasting ban and can be structured as ganizations on the religious right that are dential campaign by a 527 group, succeeded nonpartisan work eligible for tax-deductible coordinating a drive to register millions of that year in passing legislation requiring the support. evangelical Christians. IRS to report the spending activities of 527s For many groups doing voter mobilization, Unlike the campaigns of President Bush throughout the election cycle. That left the it is crucial to have a 501c (3) group to tap and Kerry, the two major parties, political 501c organizations as the only groups with into what has become a multimillion-dollar action committees and the Swift Boat Vet- virtually no disclosure requirements. commitment by a host of liberal foundations erans—one of the ‘‘527’’ advocacy groups that To arrive at a total expenditure figure for and wealthy individuals to increase turnout have become part of the 2004 campaign lexi- 501c groups is impossible, given their non- among minorities and poor people.

VerDate Aug 31 2005 03:12 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.044 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S571 Among the foundations investing substan- In Chicago, such a wake is being held nearly cost Tom Lyons his political ca- tially in voter registration and turnout pro- for a good and courageous man. reer four decades ago. grams likely to benefit Democrats are the Thomas G. Lyons died last Friday at In 1963, the year before Tom Lyons Proteus Fund, which, in addition to direct the age of 75 after a months-long strug- was elected to the Illinois State Sen- grants, set up the Voter Engagement Donor gle against serious illness. ate, the Chicago City Council passed an Network in 2003 as an information service to 130 other foundations and individual donors; Mr. Lyons served for the last 17 years ordinance banning restrictive cov- the Pew Charitable Trusts; and America’s as chairman of the Cook County Demo- enants and other discriminatory real Families United, which was created in 2003 cratic Party. That was only one small estate practices that were used to to channel about $15 million to voter reg- chapter in an otherwise long, inter- maintain racial segregation in Chi- istration and turnout groups. Most of these esting and amazing life story. cago. But the ordinance was routinely foundations voluntarily identify the groups As a young man, he served as an ignored. to which they make grants on their Web Army Ranger and a Chicago police offi- In January 1966, Dr. Martin Luther sites. cer. King, Jr. moved to what he called a One of the best-funded organizations is In 1957, he earned a law degree and ‘‘slum apartment’’ on the West Side of Project Vote, a 501c (3) group that has an $18 spent the next several years working Chicago. That summer, he held a series million fundraising goal and had raised, as of of ‘‘open housing’’ marches in all-White early September, $13.2 million in tax-deduct- first in the Cook County assessor’s of- ible contributions. Similar work in reg- fice, and then in the Illinois Attorneys neighborhoods in the city and suburbs. istering and turning out urban voters, espe- General office. The demonstrations produced a furor cially minorities, is being conducted by In 1964, a time of great change, Tom and focused national and international USAction Education Fund, the 501c (3) arm Lyons was elected to represent north- attention on the problem of housing of USAction. Board members for America’s west Chicago in the Illinois General discrimination, not just in Chicago, Families United include not only Pope, but Assembly. but in America. also Dennis Rivera, president of New York The following year, he was tapped to By fall, the issue of housing discrimi- Local 1199 of the Service Employees Inter- serve in the leadership of a State com- nation became the most volatile issue national Union and a major figure in Demo- of the campaign. It helped defeat one of cratic politics, and William Lynch Jr., who mission studying the need for a new Il- linois State constitution. He later the most courageous men who ever served as board secretary until he recently served in this Senate, a man Dr. King became deputy manager of the Kerry cam- served as vice president of the conven- paign. tion that drafted Illinois’s current called ‘‘the greatest of all senators,’’ The close connection between partisan ac- State constitution. my mentor, Paul Douglas. tivists and 501c groups is equally clear The preamble to that document lays Family and friends warned Tom among conservative groups. Benjamin L. out a series of high and noble aims of Lyons that his support for a State fair Ginsberg has been a lawyer for the Bush government. It reads, and I quote: housing law that year could cost him campaign, the Republican National Com- his seat in the General Assembly. But We, the people of the state of Illinois— mittee, Progress for America and the Swift grateful to Almighty God for the civil, polit- he voted for the bill anyway—and lost Boat Veterans (both 527s) and Americans for ical and religious liberty which He has per- his re-election bid. Job Security, a 501c (4). Ginsberg was forced mitted us to enjoy and seeking his blessings Having lost, he didn’t give up. He to resign as chief outside counsel to the Bush upon our endeavors—in order to provide for won his seat back 4 years later. campaign during a controversy over his si- the health, safety and welfare of the people; Chicago politics is famously rough multaneous involvement with the Swift Boat maintain a representative and orderly gov- and tumble, but Tom Lyons was fa- group. But he is one of the few activists ernment; eliminate poverty and inequality; whose involvement in multiple groups has mous for trying to calm tempers and assure legal, social and economic justice; come under scrutiny. soothe old wounds by gathering people provide opportunity for the fullest develop- around the piano to sing great old Mr. BENNETT. Mr. President, I sug- ment of the individual; insure domestic tran- songs and World War II ballads. He gest the absence of a quorum. quility; provide for the common defense; and loved politics, not because of what it The PRESIDING OFFICER. The secure the blessings of freedom and liberty could do for him but what it allowed for ourselves and our posterity—do ordain clerk will call the roll. him to do for others. That is why his The assistant legislative clerk pro- and establish this constitution for the state of Illinois. wake this evening will be filled with ceeded to call the roll. sadness and with celebration and why Mr. SALAZAR. Mr. President, I ask Those same high and noble goals— ‘‘to provide for the health, safety and Tom Lyons will also be missed in Chi- unanimous consent that the order for cago and throughout our State. welfare of the people; . . . eliminate the quorum call be rescinded As a young attorney serving in the Il- The PRESIDING OFFICER (Mr. poverty and inequality; . . . assure linois State Legislature as parliamen- BROWN). Without objection, it is so or- legal, social and economic justice; . . . tarian for 14 years, I came to know a dered. and secure the blessings of freedom and lot of State senators. There remain liberty for ourselves and our pos- f many fine men and women who serve terity’’—were the standards to which in that body. I was learning my ear- MORNING BUSINESS Tom Lyons held himself in his public liest chapters of Illinois politics as I MR. SALAZAR. Mr. President, I ask service. watched them in action. A story in Sunday’s Chicago Sun unanimous consent that there now be a I remember Tom Lyons, a good legis- Times last Sunday says a lot about the period for morning business with Sen- lator, conscientious man, a man of kind of man he was. principle, with a great sense of humor, ators permitted to speak therein for up In the 1950s, Tom Lyons was a young to 10 minutes each. who would put an arm around your soldier on his way to Fort Benning, shoulder and say: Let’s go have a beer The PRESIDING OFFICER. Without GA. It was his first trip to the South. objection, it is so ordered. and sing a song. He was just that kind As he walked through a bus station, of guy. His life was a good life, a life of f he was shocked to see one restroom for public service and a life of giving to Whites and another for Blacks. His REMEMBERING THOMAS G. LYONS many others. I was lucky to be one of family said he decided to take a his friends and lucky to be one of the Mr. DURBIN. Mr. President, it is for- stand—and used the ‘‘colored’’ bath- beneficiaries of his good will. tuitous for the Presiding Officer to be room. I ask the Members of the Senate to presiding because I know of his back- His son Frank said: join me in extending our condolences ground, and I am speaking today of a He got into it with the local law enforce- to Tom’s wife Ruth; their sons, Thomas man who just passed away in Illinois ment. But he wanted to make a statement. and Frank; their daughters, Alexandra who is a great friend of mine. His name It’s who he was as a person. and Rachel; and Tom’s eight grand- is Tom Lyons, a former State senator His family and friends say it was that children. and chairman of the Democratic Party willingness to stand up for everyone— f of Cook County. If you have ever at- no matter their race, class or status— tended an Irish wake—and I bet you that best embodies Mr. Lyons’ legacy. INTERDICTION OF DRUG SUPPLY have—there is a passionate combina- It was also that willingness to treat Mr. NELSON of Florida. Mr. Presi- tion of sadness and celebration. everyone equally, with dignity, which dent, I just returned from a trip to

VerDate Aug 31 2005 01:40 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.047 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S572 CONGRESSIONAL RECORD — SENATE January 16, 2007 Haiti and to the Bahamas. I met with mas and the Turks and Caicos, we have allow textiles from outside to be the governments of each of those na- been enormously successful since the brought into Haiti, where then value is tions on a variety of topics, not the late 1980s in the interdiction of the added by making them into garments. least of which was the interdiction of drugs. The DEA, working with other It is estimated that 30,000 jobs will be the drugs. We increasingly see drugs law enforcement agencies, working provided. That is out of hundreds of coming out of Colombia, going into with the Coast Guard, working with thousands of people who do not have Venezuela and being transported by air the Defense Department, and working jobs. But it is a step in the right direc- out of Venezuela—including from re- with the governments of the coun- tion. mote parts of southern Venezuela as tries—and the one that I particularly I want to give credit to former Sen- well as northern Venezuela. They then concentrated on this time after Haiti ator Mike DeWine of Ohio, who was the fly to destinations where the cocaine is was the Bahamas—they have been very sponsor of a bill called HERO and also dropped and repackaged into smaller successful. They have helicopters sta- the sponsor of the legislation that packages to be shipped, destined for tioned in the area, the Coast Guard at passed called HOPE. He has a heart for Europe and the United States. Andros Island in the Bahamas. The Haiti and has been there many times. The increase in the number of flights Army stationed helicopters at Greater So the fruits of his long labors and the from 2003 to 2006 is incredible. A map Exuma Island, next to the town of fruits of the labors of others of us in showing lines that indicate the number Georgetown in the middle of the Baha- this Chamber have finally come to fru- of flights—they are solid going from mas, and at the southern end of the Ba- ition to give them another ray of hope. Venezuela to the Dominican Republic hamas where a the Coast Guard has an- I am impressed with President and to Haiti. The flights have increased other station with helicopters. Preval. I do believe that he is honest enormously, while at the same time Well, the Army, being strapped for and on the right course. I am also a re- the number of drugs transported by sea helicopters, announced the plan that it alist and recognize that there is cor- has diminished. Our Coast Guard is out was going to remove the helicopters. ruption all around him in his Govern- there. I was with the Coast Guard. So we went to work. Our Ambassador ment. That is one of the main chores They have been fairly successful in to the Bahamas, John Rood, brought it that he has in rooting out corruption, interdicting at sea. So as a result, the to my attention. Several other Mem- so that he can get that Government on drug smugglers are using small air- bers of Congress got involved, and as a the right path, so that they can start planes flying from Venezuela to the is- result of this an interagency meeting restoring some of the services to a peo- land of Hispaniola, Haiti and the Do- occurred in which it was agreed that ple in desperate need. The Haitian peo- minican Republic, where they are send- although the Army would pull the heli- ple are remarkable. They are so inge- ing the drugs to be shipped on to addi- copters out probably by this October, nious and industrious and entrepre- tional destinations. they would still pay for the station for I spoke at length with President neurial, with a positive, optimistic out- the next 5 years. And we worked it out Preval, the President of Haiti, about look. They have just been shackled to get new helicopters that would be this problem. President Preval made under years of exceptional poverty. reference to a 1998 agreement in which transferred to DEA—the Drug Enforce- So, finally, the United States stepped the Government of Haiti and the ment Administration. Therefore all of forward with the HOPE legislation. Fi- United States pledged to cooperate that area of the Bahamas in the mid- nally, the United States is getting in- and, indeed, that cooperation has oc- dle, between Andros to the north and creased cooperation from the now Gov- curred. And it has occurred on those to the west, the island of Exuma in the ernment of Haiti, and it is exception- shipments coming by sea. middle, and further south the to the ally important in the future that co- But the Government of the United Coast Guard helicopters—all of that operation continues. It is so important States cannot interdict an airplane un- area in the middle would not be blind. not only because of Haiti, but it is im- less we shoot them down, and we are On Sunday I went out there and flew portant because it is our children who not going to do that. So when these with both the Army and the Coast are on the receiving end of all of the flights come into Haiti or the Domini- Guard to see their operation and to be drugs coming out of South America. can Republic they either land or drop briefed on the details. I was briefed on f a live chase that occurred at the time, their cargo of cocaine. That is where MARTIN LUTHER KING, JR. the local government, the local au- as well as visiting some of our troops. thorities, have to be able and willing to And I will just tell you what patriotic Ms. CANTWELL. Mr. President, on make the arrest. Of course this is dif- Americans these are. They are down Martin Luther King Day, we celebrated ficult, in a country such as Haiti that there for 4 months without their fami- a man and honored his legacy. It is an can hardly keep its head above water, lies. They had just gotten home after a opportunity to recognize the move- as it is trying to with a new govern- year’s deployment in Iraq. They are ment he inspired and carry it forward ment. I must say, that certainly has going to be able to go back home in an- with renewed energy. I consider his my support and I believe that Presi- other month and be at home for 2, 3 work and his words, striving to give dent Preval is doing a good job, and is months, and then they are going back them both new life. making some progress. to Iraq. This is the kind of dedication ‘‘The arc of the moral universe is In addition, I spoke at length with that we have in our Armed Forces. long,’’ King said, ‘‘but it bends towards the Prime Minister and with the direc- Well, fortunately, it looks as if we justice.’’ As a national community, we tor general of the Haitian National Po- are going to be able to retain new heli- must never rest in the pursuit of that lice. I am very impressed with Director copters for this operation so that we justice. We must always demand that General Andresol. He is an impressive will not be blind. But it is going to our community leaders and elected of- fellow. He has set out a plan to vet all mean the continued cooperation be- ficials pursue their work with compas- 7,000 members of the Haitian National tween the Government of the Bahamas sion and integrity. This year, as we Police, and he started the vetting proc- and the United States, building on a commemorate Dr. King’s bold vision ess with the top person—himself. He history of considerable cooperation. It and great spirit, our Nation stands at a has started the vetting of the police, also means that we need continued, in- critical point along that arc. and he is going to continue to try to creased progress with President Preval The American people called for a new get out the graft and corruption. If he of Haiti and President Fernandez of the direction and a new tone in Wash- is successful, then I believe you will see Dominican Republic. ington, DC. They put the politics of po- that the Haitian National Police have Haiti has so many needs. Haiti has larization aside and asked their rep- the ability to make the arrest when desperate needs in health care, des- resentatives in Washington to focus in- drugs are dropped or transshipped perate needs in infrastructure, des- stead on the issues that matter most. through Haiti. I hope the same thing is perate needs in education. One little Too many hard-working Americans are going to be done in the Dominican Re- thing we did in a step in the right di- struggling just to get by today. It is public. rection—and many Senators here co- time to expand opportunity for all and Now, in the midst of all this, further sponsored the bill—I along with them— ensure everyone has a real shot at the to the north, as you get into the Baha- is called the HOPE legislation. It will American dream.

VerDate Aug 31 2005 01:40 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.041 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S573 The best guarantee of a good, secure portunities for the development of new and figures on a graph. What it really job in today’s increasingly competitive therapies for cancer, heart disease, ill- means is that people are working, im- world is a quality education. But not nesses, and many other conditions. proving the communities in which they everyone has that opportunity. I know Dr. Mello is a Howard Hughes Med- live, building wealth, providing a bet- what it is like to have a tough time af- ical Institute Investigator and the ter quality of life for their families fording college: With the help of Fed- Blais University Chair in Molecular and, in some cases, realizing life long eral Pell grants, I was the first in my Medicine at UMass Medical School. His dreams. Bill has been successful be- family to graduate from college. research and its international recogni- cause he knows this and has always re- Today, a college education costs a tion by the Nobel Committee have membered that people, not statistics, small fortune, yet it is harder than brought great honor and pride to our are what matter. His experience and in- ever to find help. city, Commonwealth, and Nation. sights have served him well in the posi- Since 2001, tuition has increased by Dr. Mello received his B.S. from tion of district director but, more im- over 30 percent at the average 4-year Brown University in 1982 and his Ph.D. portantly, they have benefitted New public school. Over the same period, from Harvard University in 1990. He Hampshire. There are many businesses family incomes have increased less served as a postdoctoral fellow at the here, both small and large, which can than 6 percent. As the cost of college Fred Hutchinson Cancer Research Cen- be described as success stories because continues to rise and family incomes ter in Seattle, WA, and joined the fac- Bill took an interest in their future. stagnate, more and more students are ulty of UMass in 1994. Thank you, Bill. You have earned a qualifying for Pell grants and other I join Dr. Mello’s many friends and long and healthy retirement. Federal student aid programs. We can’t colleagues in congratulating him for f let a college education become a privi- his landmark discovery, and I wish him lege just for the wealthy. We must en- well in the years to come. MESSAGES FROM THE PRESIDENT sure that families and students can af- f Messages from the President of the ford college, regardless of their finan- TRIBUTE TO WILLIAM K. PHILLIPS United States were communicated to cial resources. Mr. GREGG. Mr. President, I rise the Senate by Ms. Evans, one of his That is why in the Senate, I am secretaries. fighting to increase the maximum Pell today to recognize William K. Phillips, grant to $5,100—an amount that actu- the longtime Director for the Small f Business Administration’s New Hamp- ally keeps pace with costs. That is also EXECUTIVE MESSAGES REFERRED why, on the first day of the 110th ses- shire district office. Since 1981, Bill has sion of Congress earlier this month, I led the agency through economic As in executive session the Presiding introduced legislation to permanently booms and slumps while demonstrating Officer laid before the Senate messages increase the amount that families can a sharp commitment to the business from the President of the United save annually for college and take as a community in this state. On March 2 of States submitting sundry nominations tax deduction. this year, Bill will be retiring. His lead- and a withdrawal which were referred On the same day, in that same spirit, ership will be missed, and I want to to the appropriate committees. I introduced other legislation to en- offer him my deepest thanks for not (The nominations received today are courage employees to set aside money only the advice he has given me printed at the end of the Senate for their education costs and to encour- throughout the years but for every- proceedings.) age employers to provide matching thing he has done to make this State a f funds through lifelong learning ac- better place to live. counts. It is about investing in a more Because of his unique professional re- MEASURES PLACED ON THE competitive America, a growing econ- sume, there are few people in the re- CALENDAR omy, and our common future. We are gion who better understand the critical The following bill was read the sec- creating a better world for our busi- role small businesses play in a healthy ond time, and placed on the calendar: nesses, our State, and most impor- economy and who know what entre- S. 287. A bill to prohibit the use of funds tantly our workers. preneurs need to expand and thrive. for an escalation of United States military The policies we choose to support re- Bill founded Benchmark Industries, a forces in Iraq above the numbers existing as flect our priorities as a nation. When leader in resistance welding tech- of January 9, 2007. the middle-class gets squeezed from nology. He worked as senior vice-presi- f every side, it may be easiest to relent, dent of the Bank of New Hampshire, accept the status quo, or give in to was the president of the former Lon- EXECUTIVE AND OTHER frustration. But we have a responsi- donderry Bank and Trust, and served COMMUNICATIONS bility to fight back and to fight for on the board of directors of First NH The following communications were something better. That is what Martin Banks, which is now Citizens Bank of laid before the Senate, together with Luther King may have called infinite New Hampshire. accompanying papers, reports, and doc- hope. We can honor King by coming to- For the past two and half decades, uments, and were referred as indicated: gether and making that promise a re- Bill has been directing the SBA’s oper- EC–303. A communication from the Chair- ality. ations in New Hampshire. It was in this man and CEO, Farm Credit Administration, f role he made his name as a champion transmitting, pursuant to law, the report of for small businesses. His dedication a rule entitled ‘‘Disclosure and Reporting’’ TRIBUTE TO CRAIG C. MELLO, was most obvious during the banking (RIN3052–AC11) received on January 11, 2007; PH.D. and real estate crisis our State experi- to the Committee on Agriculture, Nutrition, Mr. KENNEDY. Mr. President, on De- enced during the early 1990s. Fortu- and Forestry. cember 10, in Stockholm, Sweden, the nately, Bill and his team at the SBA EC–304. A communication from the Regu- latory Analyst, Grain Inspection, Packers Nobel Prize in Medicine for 2006 was were here to meet this difficult chal- and Stockyards Administration, Department awarded to Dr. Craig C. Mello of the lenge. Using their expertise and re- of Agriculture, transmitting, pursuant to University of Massachusetts Medical sources, the New Hampshire SBA under law, the report of a rule entitled ‘‘Fees for School for his revolutionary discovery Bill Phillips relieved much of the anx- Rice Inspection Services’’ (RIN0580–AA92) re- of the gene-silencing process called iety business and homeowners were ceived on January 11, 2007; to the Committee RNA interference. feeling and helped the State recover. on Agriculture, Nutrition, and Forestry. RNAi, as it is called, is a funda- New Hampshire today is a great place EC–305. A communication from the Under mental mechanism for controlling the to work and start a company, and Bill Secretary of Agriculture (Food, Nutrition, flow of genetic information. Dr. Mello’s and Consumer Services), transmitting, pur- can certainly feel proud of his role in suant to law, the report of a rule entitled discovery is universally considered to strengthening our state’s excellent rep- ‘‘Senior Farmers’ Market Nutrition Pro- be one of the most significant bio- utation. gram’’ (RIN0584–AD35) received on January medical discoveries of the past decade, The definition of a vibrant economy 11, 2007; to the Committee on Agriculture, and it has opened up extraordinary op- goes beyond just a bunch of numbers Nutrition, and Forestry.

VerDate Aug 31 2005 01:40 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.010 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S574 CONGRESSIONAL RECORD — SENATE January 16, 2007 EC–306. A communication from the Under suant to law, the report of a rule entitled ments of international agreements, other Secretary of Defense (Acquisition, Tech- ‘‘Temporary Rule; Closure (Rhode Island than treaties (List 2006–281—2006–303); to the nology and Logistics), transmitting, pursu- Commercial Bluefish Fishery)’’ (ID No. Committee on Foreign Relations. ant to law, the Department’s 2006 Commer- 120406C–X) received on January 11, 2007; to EC–328. A communication from the Assist- cial Activities Report; to the Committee on the Committee on Commerce, Science, and ant Secretary, Office of Legislative Affairs, Armed Services. Transportation. Department of State, transmitting, pursuant EC–307. A communication from the Sec- EC–317. A communication from the Admin- to law, the report of action on a nomination retary of the Treasury, transmitting, pursu- istrator, National Aeronautics and Space Ad- for the position of Assistant Secretary of ant to law, a periodic report on the national ministration, transmitting, pursuant to law, State for Administration, received on Janu- emergency with respect to Belarus that was the Administration’s Performance and Ac- ary 11, 2007; to the Committee on Foreign declared in Executive Order 13405 of June 16, countability Report for fiscal year 2006; to Relations. 2006; to the Committee on Banking, Housing, the Committee on Commerce, Science, and EC–329. A communication from the Assist- and Urban Affairs. Transportation. ant Administrator, Bureau for Legislative EC–308. A communication from the Chief EC–318. A communication from the Acting and Public Affairs, U.S. Agency for Inter- Counsel, Federal Emergency Management Director, Office of Surface Mining, Depart- national Development, transmitting, pursu- Agency, Department of Homeland Security, ment of the Interior, transmitting, pursuant ant to law, a report relative to a program transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘West that will be initiated for Colombia under the a rule entitled ‘‘Final Flood Elevation Deter- Virginia Abandoned Mine Lands Reclama- Agency’s Bureau of Democracy; to the Com- mittee on Foreign Relations. minations’’ (71 FR 70904) received on January tion Plan’’ (WV–111–FOR) received on Janu- EC–330. A communication from the Assist- 11, 2007; to the Committee on Banking, Hous- ary 11, 2007; to the Committee on Energy and ant Secretary, Office of Legislative Affairs, ing, and Urban Affairs. Natural Resources. Department of State, transmitting, pursuant EC–309. A communication from the Chief EC–319. A communication from the General to law, a report relative to extending and Counsel, Federal Emergency Management Counsel, Federal Energy Regulatory Com- amending certain Memorandums of Under- Agency, Department of Homeland Security, mission, transmitting, pursuant to law, the standing; to the Committee on Foreign Rela- transmitting, pursuant to law, the report of report of a rule entitled ‘‘Financial Account- tions. a rule entitled ‘‘Changes in Flood Elevation ing, Reporting and Records Retention Re- EC–331. A communication from the Assist- Determinations’’ (71 FR 70885) received on quirements Under the Public Utility Holding ant Secretary, Office of Legislative Affairs, January 11, 2007; to the Committee on Bank- Company Act of 2005’’ (FERC Docket No. Department of State, transmitting, pursuant ing, Housing, and Urban Affairs. RM06–11–000) received on January 11, 2007; to to law, reports relative to post-liberation EC–310. A communication from the Chief the Committee on Energy and Natural Re- Iraq; to the Committee on Foreign Rela- Counsel, Federal Emergency Management sources. tions. Agency, Department of Homeland Security, EC–320. A communication from the Assist- EC–332. A communication from the Direc- transmitting, pursuant to law, the report of ant Secretary of the Interior (Policy, Man- tor, Regulations Policy and Management a rule entitled ‘‘Final Flood Elevation Deter- agement and Budget), transmitting, pursu- Staff, Department of Health and Human minations’’ (71 FR 70894) received on January ant to law, a report relative to the Depart- Services, transmitting, pursuant to law, the 11, 2007; to the Committee on Banking, Hous- ment’s competitive sourcing efforts for fiscal report of a rule entitled ‘‘Food Labeling: Nu- ing, and Urban Affairs. year 2006; to the Committee on Energy and trition Labeling of Dietary Supplements on a EC–311. A communication from the Chief Natural Resources. ‘Per Day’ Basis’’ (Docket No. 1998P–0043) re- Counsel, Federal Emergency Management EC–321. A communication from the Chief of ceived on January 11, 2007; to the Committee Agency, Department of Homeland Security, the Publications and Regulations Branch, In- on Health, Education, Labor, and Pensions. transmitting, pursuant to law, the report of ternal Revenue Service, Department of the EC–333. A communication from the Sec- a rule entitled ‘‘Procedures for Corporate Treasury, transmitting, pursuant to law, the retary of Health and Human Services, trans- Debt Collection’’ (RIN3064–AD12) received on report of a rule entitled ‘‘Exception to the mitting, pursuant to law, two reports enti- January 11, 2007; to the Committee on Bank- HIPAA Nondiscrimination Requirements for tled ‘‘The National Healthcare Quality Re- ing, Housing, and Urban Affairs. Certain Grandfathered Church Plans’’ port 2006’’ and ‘‘The National Healthcare EC–312. A communication from the Deputy ((RIN1545–AY33)(TD 9299)) received on De- Disparities Report 2006’’; to the Committee Assistant Administrator for Regulatory Pro- cember 21, 2006; to the Committee on Fi- on Health, Education, Labor, and Pensions. grams, National Marine Fisheries Service, nance. EC–334. A communication from the Chair, Department of Commerce, transmitting, pur- EC–322. A communication from the Chief of Jacob K. Javits Fellowship Program Board, suant to law, the report of a rule entitled the Publications and Regulations Branch, In- Department of Education, transmitting, pur- ‘‘2007 Final Specifications for the Summer ternal Revenue Service, Department of the suant to law, a report relative to the Jacob Flounder, Scup, Black Sea Bass Fisheries’’ Treasury, transmitting, pursuant to law, the K. Javits Program; to the Committee on (RIN0648–AT60) received on January 11, 2007; report of a rule entitled ‘‘Weighted Average Health, Education, Labor, and Pensions. EC–335. A communication from the Asso- to the Committee on Commerce, Science, Interest Rate Update’’ (Notice 2007–12) re- ciate General Counsel for General Law, De- and Transportation. ceived on January 11, 2007; to the Committee partment of Homeland Security, transmit- EC–313. A communication from the Direc- on Finance. ting, pursuant to law, the withdrawal of a tor, Office of Sustainable Fisheries, Depart- EC–323. A communication from the Chief of nomination for the position of Assistant Sec- ment of Commerce, transmitting, pursuant the Publications and Regulations Branch, In- retary for Postsecondary Education, received to law, the report of a rule entitled ‘‘Atlan- ternal Revenue Service, Department of the on January 11, 2007; to the Committee on tic Highly Migratory Species; Atlantic Treasury, transmitting, pursuant to law, the Homeland Security and Governmental Af- Bluefin Tuna Fisheries; Temporary Rules; report of a rule entitled ‘‘Bureau of Labor fairs. Inseason Retention Limit Adjustment’’ (ID Statistics Price Indexes for Department EC–336. A communication from the Direc- No. 121206B) received on January 11, 2007; to Stores—November 2006’’ (Rev. Rul. 2007–12) tor, Office of Personnel Management, the the Committee on Commerce, Science, and received on January 11, 2007; to the Com- President’s Pay Agent, transmitting, pursu- Transportation. mittee on Finance. ant to law, a report relative to the extension EC–314. A communication from the Direc- EC–324. A communication from the Sec- of locality-based comparability payments to tor, Office of Sustainable Fisheries, Depart- retary of Health and Human Services, trans- categories of positions that are in more than ment of Commerce, transmitting, pursuant mitting, pursuant to law, a report entitled one executive agency; to the Committee on to law, the report of a rule entitled ‘‘Tem- ‘‘Physician Group Practice Demonstration: Homeland Security and Governmental Af- porary Rules; Closure (Total Allowable First Evaluation Report’’; to the Committee fairs. Catch Harvested for Management Area 1B)’’ on Finance. EC–337. A communication from the Presi- (RIN0648–AT21) received on January 11, 2007; EC–325. A communication from the Sec- dent, James Madison Memorial Fellowship to the Committee on Commerce, Science, retary of Health and Human Services, trans- Foundation, transmitting, pursuant to law, and Transportation. mitting, pursuant to law, a report relative to the Foundation’s annual report; to the Com- EC–315. A communication from the Assist- their study on barriers to participation of mittee on Homeland Security and Govern- ant Administrator of Fisheries, National Ma- farmworkers in health programs; to the mental Affairs. rine Fisheries Service, Department of Com- Committee on Finance. EC–338. A communication from the Sec- merce, transmitting, pursuant to law, the re- EC–326. A communication from the Chair- retary of Education, transmitting, pursuant port of a rule entitled ‘‘Final Rule and Tem- man, Medicare Payment Advisory Commis- to law, the Semiannual Report on Audit Fol- porary Rule for Emergency Action to Imple- sion, transmitting, pursuant to law, a report low-up for the period of April 1, 2006 through ment 2007 First Season Atlantic Shark Com- entitled ‘‘Impact of Change in Medicare Pay- September 30, 2006; to the Committee on mercial Management Measures’’ (ID No. ments for Part B Drugs’’; to the Committee Homeland Security and Governmental Af- 091106B) received on January 11, 2007; to the on Finance. fairs. Committee on Commerce, Science, and EC–327. A communication from the Assist- EC–339. A communication from the Acting Transportation. ant Legal Adviser for Treaty Affairs, Depart- Senior Procurement Executive, Office of the EC–316. A communication from the Acting ment of State, transmitting, pursuant to the Chief Acquisition Officer, Department of De- Director, National Marine Fisheries Service, Case-Zablocki Act, 1 U.S.C. 112b, as amended, fense, transmitting, pursuant to law, the re- Department of Commerce, transmitting, pur- the report of the texts and background state- port of a rule entitled ‘‘Federal Acquisition

VerDate Aug 31 2005 01:40 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.052 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S575 Regulation; Federal Acquisition Circular AA08) (CGD07–05–156)) received on January erendum; to the Committee on Armed Serv- 2005–15’’ (FAC 2005–15) received on January 12, 2007; to the Committee on Commerce, ices. 11, 2007; to the Committee on Homeland Se- Science, and Transportation. POM–7. A resolution adopted by the House curity and Governmental Affairs. EC–351. A communication from the Chief of of Representatives of the Legislature of the EC–340. A communication from the Federal Regulations and Administrative Law, U.S. State of Michigan relative to increasing Co-Chair, Denali Commission, transmitting, Coast Guard, Department of Homeland Secu- funding to dredge Michigan’s deep-draft pursuant to law, the Commission’s Perform- rity, transmitting, pursuant to law, the re- Great Lakes ports and waterways; to the ance and Accountability Report for fiscal port of a rule entitled ‘‘Anchorage Regula- Committee on Environment and Public year 2006; to the Committee on Homeland Se- tions (including 2 regulations beginning with Works. curity and Governmental Affairs. CGD08–06–026)’’ (RIN1625–AA01) received on HOUSE RESOLUTION NO. 288 EC–341. A communication from the Special January 12, 2007; to the Committee on Com- Whereas, Michigan is home to 40 deep-draft Counsel, U.S. Office of Special Counsel, merce, Science, and Transportation. transmitting, a proposed bill to extend the commercial ports on the Great Lakes, more EC–352. A communication from the Chief of than the other seven Great Lakes states authorization of appropriations for the Office Regulations and Administrative Law, U.S. for fiscal years 2008 through 2012; to the Com- combined; and Coast Guard, Department of Homeland Secu- Whereas, in a typical year, these ports will mittee on Homeland Security and Govern- rity, transmitting, pursuant to law, the re- handle in excess of 90 million tons of cargo, mental Affairs. port of a rule entitled ‘‘Drawbridge Oper- representing more than 50 percent of all the EC–342. A communication from the Acting ations (including 4 regulations beginning Assistant Attorney General, Office of Legis- cargo moving on the Lakes, and the equiva- with CGD08–06–005)’’ (RIN1625–AA09) received lent of 10 tons for each Michigan resident. lative Affairs, Department of Justice, trans- on January 12, 2007; to the Committee on mitting, pursuant to law, a report relative to The ports of Calcite, Cedarville, Drummond Commerce, Science, and Transportation. Island, Port Inland, and Presque Isle typi- the Department’s progress and status of EC–353. A communication from the Chief of compliance with certain privatization re- cally ship nearly 70 percent of the limestone Regulations and Administrative Law, U.S. moving on the Great Lakes. The ports of quirements; to the Committee on the Judici- Coast Guard, Department of Homeland Secu- ary. Marquette and Escanaba account for more rity, transmitting, pursuant to law, the re- than 20 percent of the Lakes’ iron ore trade. EC–343. A communication from the Staff port of a rule entitled ‘‘Regulated Naviga- Director, United States Commission on Civil The ports of Alpena and Charlevoix are the tion Area; East Rockaway Inlet to Atlantic primary source of cement carried on the Rights, transmitting, pursuant to law, the Beach Bridge, Nassau County, Long Island, report of the appointment of members to the Great Lakes; and New York’’ ((RIN1625–AA11) (CGD01–06–142)) Whereas, this waterborne commerce gen- Arizona Advisory Committee; to the Com- received on January 12, 2007; to the Com- mittee on the Judiciary. erates tens of thousands of family-sustaining mittee on Commerce, Science, and Transpor- jobs in Michigan and supports the state EC–344. A communication from the Clerk, tation. Circuit and County Courts, transmitting, re- economy. For example, Michigan’s steel and EC–354. A communication from the Assist- construction industries depend on Great sponses to the Minority Appointment Re- ant Secretary (Fish, Wildlife and Parks), porting Form for 2005; to the Committee on Lakes shipping to deliver efficiently millions Fish and Wildlife Service, Department of the of tons of raw materials they need each year; Rules and Administration. Interior, transmitting, pursuant to law, the EC–345. A communication from the Direc- and report of a rule entitled ‘‘Endangered and tor of Regulations Management, Veterans Whereas, the U.S. Department of Transpor- Threatened Wildlife and Plants; Designation Benefits Administration, Department of Vet- tation is promoting Short Sea Shipping— of Critical Habitat for the Laguna Mountains erans Affairs, transmitting, pursuant to law, commercial waterborne transportation along Skipper (Pyrgus ruralis lagunae)’’ (RIN1018– the report of a rule entitled ‘‘Extension of the inland and coastal waterways—as a AU50) received on January 12, 2007; to the the Presumptive Period for Compensation means of easing congestion on the nation’s Committee on Environment and Public for Gulf War Veterans’’ (RIN2900–AM47) re- crowded highways and railbeds; and Works. ceived on January 11, 2007; to the Committee Whereas, compared to other transportation EC–355. A communication from the Assist- on Veterans’ Affairs. modes, waterborne commerce provides envi- ant Secretary (Fish, Wildlife and Parks), EC–346. A communication from the Con- ronmental benefits, including fuel savings Fish and Wildlife Service, Department of the gressional Review Coordinator, Animal and and fewer emissions. In addition, the effi- Interior, transmitting, pursuant to law, the Plant Health Inspection Service, Department ciencies of waterborne commerce enable report of a rule entitled ‘‘Endangered and of Agriculture, transmitting, pursuant to Michigan utilities to use cleaner-burning Threatened Wildlife and Plants; Designation law, the report of a rule entitled ‘‘National low-sulfur coal loaded in Wisconsin and of Critical Habitat for Astragalus Poultry Improvement Plan and Auxiliary shipped on the Great Lakes; and ampullarioides (Shivwits Milk vetch) and Provisions’’ (Docket No. APHIS–2006–0008) Whereas, Michigan’s deep-draft Great Astragalus holmgreniorum (Holmgren Milk received on January 12, 2007; to the Com- Lakes ports and waterways are long overdue vetch)’’ (RIN1018–AU45) received on January mittee on Agriculture, Nutrition, and For- for needed dredging to deepen them. For ex- 12, 2007; to the Committee on Environment estry. ample, while currently under way, it had EC–347. A communication from the Admin- and Public Works. been 23 years since the Saginaw River turn- istrator, Housing and Community Facilities EC–356. A communication from the Assist- ing basin was last dredged; and Program, Department of Agriculture, trans- ant Secretary (Fish, Wildlife and Parks), Whereas, Michigan’s economy is not reap- mitting, pursuant to law, the report of a rule Fish and Wildlife Service, Department of the ing the full benefits of Great Lakes shipping entitled ‘‘Direct Single Family Housing Interior, transmitting, pursuant to law, the due to the lack of necessary dredging. Ships Loans and Grants’’ (RIN0575–AC54) received report of a rule entitled ‘‘Endangered and cannot carry full loads and offer customers on January 12, 2007; to the Committee on Ag- Threatened Wildlife and Plants; Designation the best freight rates. The largest vessels de- riculture, Nutrition, and Forestry. of Critical Habitat for Monardella linoides livering low-sulfur coal to Michigan are leav- EC–348. A communication from the Chief of ssp. viminea (Willowy Monardella)’’ ing behind as much as 4,500 tons each trip. Regulations and Administrative Law, U.S. (RIN1018–AT92) received on January 12, 2007; Shortfalls in deliveries of iron ore, lime- Coast Guard, Department of Homeland Secu- to the Committee on Environment and Pub- stone, cement, and other cargos hamper rity, transmitting, pursuant to law, the re- lic Works. Michigan employers’ ability to compete; and port of a rule entitled ‘‘Safety Zone Regula- EC–357. A communication from the Assist- Whereas, The U.S. Army Corps of Engi- tions (including 5 regulations beginning with ant Secretary (Fish, Wildlife and Parks), neers’ budget for dredging Great Lakes ports CGD13–06–052)’’ (RIN1625–AA00) received on Fish and Wildlife Service, Department of the and waterways has been inadequate for dec- January 12, 2007; to the Committee on Com- Interior, transmitting, pursuant to law, the ades. This is true even though cargo is as- merce, Science, and Transportation. report of a rule entitled ‘‘Endangered and sessed a federal tax to fund dredging and the EC–349. A communication from the Chief of Threatened Wildlife and Plants; Designation Harbor Maintenance Trust Fund has a sur- Regulations and Administrative Law, U.S. of Critical Habitat for Canada Lynx’’ plus of nearly $2 billion; now, therefore, be it Coast Guard, Department of Homeland Secu- (RIN1018–AU52) received on January 12, 2007; Resolved by the House of Representatives, rity, transmitting, pursuant to law, the re- to the Committee on Environment and Pub- That we memorialize Congress to increase port of a rule entitled ‘‘Security Zone (in- lic Works. federal funding for dredging Michigan’s cluding 5 regulations beginning with COTP f Great Lakes deep-draft ports and waterways, Honolulu 06–008)’’ (RIN1625–AA87) received on using surplus monies from the Harbor Main- January 12, 2007; to the Committee on Com- PETITIONS AND MEMORIALS tenance Trust Fund; and be it further merce, Science, and Transportation. The following petitions and memo- Resolved, That we urge Congress to direct EC–350. A communication from the Chief of rials were laid before the Senate and the U.S. Army Corps of Engineers to clear Regulations and Administrative Law, U.S. the backlog of dredging projects at Michi- Coast Guard, Department of Homeland Secu- were referred or ordered to lie on the gan’s ports and waterways and to then main- rity, transmitting, pursuant to law, the re- table as indicated: tain those harbors and channels to project port of a rule entitled ‘‘Special Local Regu- POM–6. A resolution adopted by the Aurora depth in the future; and be it further lation; Annual Gasparilla Marine Parade, Township Board of Trustees approving the Resolved, That copies of this resolution be Hillsborough Bay, Tampa, FL’’ ((RIN1625– election canvass results from a recent ref- transmitted to the President of the United

VerDate Aug 31 2005 03:12 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.055 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S576 CONGRESSIONAL RECORD — SENATE January 16, 2007 States Senate, the Speaker of the United bureaucracy that has inconvenienced them Hearing Aid Assistance Tax Credit Act; to States House of Representatives, the mem- since Hurricanes Katrina and Rita dev- the Committee on Finance. bers of the Michigan congressional delega- astated southern Louisiana last year; and HOUSE RESOLUTION NO. 266 tion, and the U.S. Army Corps of Engineers. Whereas, the grants themselves are not Whereas, hearing is clearly one of our most taxable, but the Internal Revenue Service essential senses. It is often taken for grant- POM–8. A resolution adopted by the House says grant recipients who claimed a storm- ed, unfortunately, until the time one begins of Representatives of the Legislature of the related casualty loss would have to consider to experience hearing loss. At this point it is State of Michigan relative to federal funding all or part of the grant as income; and too late to reverese the damage. Hearing aids for the barriers designed to protect the Great Whereas, the average Road Home grant is are the ready solution to the problems asso- Lakes from Asian carp; to the Committee on sixty-five thousand dollars; therefore, some Environment and Public Works. ciated with hearing loss, but the costs asso- recipients would find themselves bumped up ciated with good quality equipment is expen- HOUSE RESOLUTION NO. 313 to higher tax brackets and would likely have sive, is not always covered by one’s insur- Whereas, Two species of Asian carp are on a higher federal income tax liability; and ance or Medicaid, and is too often foregone the verge of invading the Great Lakes. Silver Whereas, the Louisiana Department of for more immediate needs. A federal tax carp and bighead carp have advanced up the Revenue has determined that grants would credit would provide immediate and nec- Mississippi River since they escaped from not constitute income for state purposes: essary relief for tens of thousands; and Arkansas fish farms in the early 1980s, and Now, therefore, be it Whereas, indeed, it has been estimated now have been identified as close as 50 miles Resolved that the Legislature of Louisiana that hearing aids would help ninety-five per- to Lake Michigan in the Illinois River near does hereby memorialize the United States cent of those suffering from hearing loss. Chicago; and Congress and the Internal Revenue Service Only twenty-two percent of the population, Whereas, Asian carp pose a significant risk to take such actions as are necessary to re- however, currently uses a hearing device, be- to the ecology and economy of the Great frain from taxing rebuilding grants from the cause the average out-of-pocket costs associ- Lakes region. Asian carp can grow as large state’s Road Home program; and be it fur- ated with hearing aids is over $2,800. Thou- as 100 pounds and are voracious feeders. They ther sands upon thousands of individuals and fam- would compete with native fish and could be- Resolved that a copy of this Resolution be ily members are impacted by these soaring come a dominant species in the Great Lakes, transmitted to the presiding officers of the costs. It is estimated that close to 2 million threatening the Great Lakes’ $4 billion com- Senate and the House of Representatives of people are affected by untreated hearing mercial and recreational fishery. In addition, the Congress of the United States of Amer- loss; and silver carp can jump up to 10 feet out of the ica, to the Commissioner of the Internal Whereas, in Michigan, legislation was en- water when disturbed, posing a risk to rec- Revenue Service, and to each member of the acted in 1978 to exempt hearing aids from the reational boaters. In several states, leaping Louisiana congressional delegation. state sales tax. This initiative was a clear carp have injured boaters; and POM–10. A resolution adopted by the House recognition of the importance of cost savings Whereas, Asian carp are the latest in a to those in need of hearing aids. The Con- long line of exotic species to threaten the of Representatives of the Legislature of the gress should follow this stellar example and Great Lakes. Past invasions of the Great State of Michigan relative to enacting legis- enact similar tax incentives in the U.S. Tax Lakes by exotic species like zebra and lation to amend the definition of ‘‘physician’’ in the Medicaid Program to include Code; now, therefore, be it quagga mussels and sea lampreys have se- Resolved by the House of Representatives, verely affected the Great Lakes. It is esti- podiatric physicians; to the Committee on Finance. That we hereby memoralize the Congress of mated that over $40 million per year is spent the United States to enact the Hearing Aid HOUSE RESOLUTION NO. 248 to control these two exotic species. Sci- Assistance Tax Credit Act; and be it further entists project that Asian carp could have a Whereas, The Medicare system has long Resolved, That copies of this resolution be similar impact on the Great Lakes; and recognized doctors of podiatric medicine as transmitted to the President of the United Whereas, The United States Army Corps of physicians in federal law. However, the pro- States Senate, the Speaker of the United Engineers operates a temporary demonstra- visions of Title XIX that establish the coun- States House of Representatives, and the tion barrier in the Chicago Sanitary and try’s Medicaid program do not include members of the Michigan congressional dele- Ship Canal to prevent the movement of podiatric physicians in the definition of gation. Asian carp into the Great Lakes. In addition, ‘‘physician’’; and the Army Corps and the state of Illinois are Whereas, There is legislation pending in POM–12. A concurrent resolution adopted constructing a permanent electrical barrier the Congress, H.R. 699 and S. 440, to require by the Legislature of the State of Louisiana to replace the temporary barrier; and that podiatry services are covered by Med- relative to the adoption of the Constitution Whereas, Over $12 million has been spent icaid. Enactment of this measure would Restoration Act of 2005; to the Committee on to date on construction and operation of the guarantee access to quality foot and ankle the Judiciary. electrical barriers. To help match federal care for Medicaid patients; and HOUSE CONCURRENT RESOLUTION NO. 33 funding, the state of Michigan has contrib- Whereas, Podiatric physicians play an im- uted nearly $70,000 toward the completion of Whereas, on Monday, June 27, 2005, the portant role in the recognition of systemic the permanent electrical barrier; and United States Supreme Court in two razor- diseases, such as diabetes, as well as recogni- Whereas, Current funding is insufficient to thin majorities of 5–4 in Van Orden v. Perry complete construction of the permanent bar- tion and treatment of peripheral neuropathy, (Texas) and ACLU v. McCreary County (Ken- rier and only covers operation of the tem- a frequent cause of diabetic foot wounds that tucky), concluded that it is consistent with porary barrier through the first half of fiscal can lead to amputations if left untreated; the First Amendment to display the Ten year 2007. In addition, there is no funding to and Commandments in an outdoor public square renovate the temporary barrier as a perma- Whereas, Under the current provisions, in Texas, but not on the courthouse walls of nent backup to the new barrier; now, there- Medicaid patients may be prevented from two counties in Kentucky; and fore, be it seeking care from a podiatric physician be- Whereas, American citizens are concerned Resolved by the House of Representatives, cause these services are not covered as ‘‘phy- that the court has produced two opposite re- That we memorialize the United States Con- sician services.’’ This policy puts many peo- sults involving the same Ten Command- gress to approve full federal funding to comple at risk, especially diabetic patients; and ments, leading to the conclusion that, based plete construction and ensure permanent op- Whereas, Quality foot care increases mo- on the Kentucky decision, the Ten Com- eration and maintenance of both electrical bility, prevents amputations, improves qual- mandments may be displayed in a county barriers in the Chicago Sanitary and Ship ity of life, and avoids numerous unnecessary courthouse provided it is not backed by a be- Canal to protect the Great Lakes from Asian costs. Clearly, including podiatric services lief in God; and carp; and be it further under the Medicaid program is a prudent Whereas, Supreme Justice Scalia empha- Resolved, That copies of this resolution be step to take; now, therefore, be it sized the importance of the Ten Command- transmitted to the President of the United Resolved by the House of Representatives, ments when he stated in the Kentucky case, States Senate, the Speaker of the United That we memorialize the Congress of the ‘‘The three most popular religions in the States House of Representatives, and the United States to enact legislation to amend United States, Christianity, Judaism, and members of the Michigan Congressional dele- the definition of ‘‘physician’’ in the Medicaid Islam, which combined account for 97.7% of gation. program to include podiatric physicians; and all believers, are monotheistic. All of them, Adopted by the House of Representatives, be it further moreover, believe that the Ten Command- December 12, 2006. Resolved, That copies of this resolution be ments were given by God to Moses and are transmitted to the President of the United divine prescriptions for a virtuous life’’; and POM–9. A concurrent resolution adopted States Senate, the Speaker of the United Whereas, Chief Justice Rehnquist in the by the Legislature of the State of Louisiana States House of Representatives, and the Texas case referred to the duplicity of the relative to refraining from taxing rebuilding members of the Michigan congressional dele- United States Supreme Court in telling local grants from the state’s Road Home program; gation. governments in America that they may not to the Committee on Finance. display the Ten Commandments in public HOUSE CONCURRENT RESOLUTION NO. 20 POM–11. A resolution adopted by the House buildings in their communities while at the Whereas, Louisiana taxpayers have spent of Representatives of the Legislature of the same time allowing these same Ten Com- countless hours coping with paperwork and State of Michigan relative to enacting the mandments to be presented on these specific

VerDate Aug 31 2005 01:40 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.061 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S577 places on the building housing the United the secretary of the United States Senate committee chairman, Senator Susan M. Col- States Supreme Court stating, ‘‘Since 1935, and the clerk of the United States House of lins, said: ‘‘No flaw has been more persistent Moses has stood holding two tablets that re- Representatives, and to each member of the and more damaging to effective relief for dis- veal portions of the Ten Commandments Louisiana delegation to the United States aster victims and to public confidence in written in Hebrew, among other lawgivers in Congress and presiding officer of each house their government than the rampant fraud, the south frieze. Representations of the Ten of each state legislature in the United waste, and abuse that have plagued federal Commandments adorn the metal gates lining States. relief and recovery programs’’; and the north and south sides of the courtroom Whereas, in his statement to the com- as well as the doors leading into the court- POM–13. A resolution adopted by the House mittee at that meeting, ranking minority room. Moses also sits on the exterior east fa- of Representatives of the Legislature of the member Senator Joe Lieberman said ‘‘GAO’s cade of the building holding the Ten Com- State of Louisiana relative to certain Com- investigations over the past year as well as mandments tablets’’; and mittees continuing their investigation and FEMA’s own data on overpayments show Whereas, a recent poll by the First Amend- oversight efforts regarding the Federal that the agency squandered hundreds of mil- ment Center revealed that seventy percent of Emergency Management Agency; to the lions of dollars in gross improper payments Americans would have no objection to post- Committee on Homeland Security and Gov- to individuals and households that the gov- ing the Ten Commandments in government ernmental Affairs. ernment may never recover’’; and buildings, and eighty-five percent would ap- HOUSE RESOLUTION NO. 11 Whereas, the United States Congress has prove if the Ten Commandments were in- Whereas, in House Concurrent Resolution already responded to some of the GAO find- cluded as one document among many histor- No. 72 of the 2005 First Extraordinary Ses- ings by including a FEMA reform package as ical documents when displayed in public sion of the Louisiana Legislature, the legis- part of the 2007 Appropriations Act for the buildings; and lature expressed serious concerns regarding Department of Homeland Security; and Whereas, the First Amendment of the the $3.7 billion that Louisiana was expected Whereas, though it has now been approxi- United States Constitution, which provides to pay to the Federal Emergency Manage- mately fifteen months since Hurricanes in part that ‘‘Congress shall make no law re- ment Agency (FEMA) as the state’s share of Katrina and Rita struck Louisiana, the GAO specting an establishment of religion’’, is a hurricane recovery costs; and investigations and FEMA’s own admissions specific and unequivocal instruction to only Whereas, these concerns stemmed from ini- confirm suspicions of waste, the $3.7 billion the United States Congress, and the United tial reports of inefficiencies and accounting that FEMA originally billed to Louisiana is States Constitution makes no restriction on errors on the part of FEMA, which had re- now expected to be closer to $500 million, and the ability of states to acknowledge God, the sulted in an artificially high spending for the congress has taken actions to prevent Supreme Ruler of the Universe; and disaster recovery; and some of the abuse from occurring in the fu- Whereas, the United States District Court Whereas, in light of its concerns, the Leg- ture, the Legislature of Louisiana is hopeful Southern District of Indiana on November islature of Louisiana memorialized the that the United States Senate Committee 30, 2005, entered a final judgment and perma- United States Congress to task the Govern- and the Forensic Audits and Special Inves- nent injunction ordering the speaker of the ment Accountability Office (GAO) with a tigations Unit of the GAO will not forget Indiana House of Representatives not to per- complete audit of FEMA’s expenditures, and about this issue; and mit sectarian prayers as part of the official the appropriateness and reasonableness Whereas, Louisiana is prepared to pay its proceedings of the House; and thereof, on Katrina and Rita recovery efforts share of reasonable costs of recovery, but a Whereas, the federal judiciary has violated in Louisiana; and definitive appraisal of reasonable costs has one of the most sacred provisions of the Whereas, to date the Forensic Audits and not yet been determined; and United States Constitution providing for Special Investigations Unit of the GAO has Whereas, incoming United States Senate three branches of government and the sepa- delivered four reports to the United States Majority Leader Harry Reid has announced ration of powers of those branches by over- Senate Committee on Homeland Security tentative committee assignments for the stepping its authority and dictating the ac- and Governmental Affairs regarding its in- 110th United States Congress, which include tivities of the inner workings of the legisla- vestigation of fraud, waste, and abuse in Senator Joe Lieberman assuming the positive branch of government; and FEMA’s response to Hurricanes Katrina and tion of committee chairman and Senator Whereas, the federal judiciary has over- Rita; and Mary Landrieu being made a member of the stepped its constitutional boundaries and Whereas, the titles of these reports alone committee; and ruled against the acknowledgment of God as indicate that the Louisiana Legislature was Whereas, with Senator Lieberman in a po- the sovereign source of law, liberty, and gov- right to be suspicious of and to request in- sition to continue the important work of the ernment by local and state officers and other quiry into the amount FEMA was claiming committee and Senator Landrieu in a posi- state institutions, including state schools; it spent on recovery: Expedited Assistance tion to represent the interests of her state in and for Victims of Hurricanes Katrina and Rita: this work, and with the excellent work of the Whereas, there is concern that recent deci- FEMA’s Control Weaknesses Exposed the GAO in evidence, the Legislature of Lou- sions of the court will be used by litigants in Government to Significant Fraud and Abuse; isiana is hopeful that an accurate appraisal an effort to remove God from the public Hurricanes Katrina and Rita Disaster Relief: of the state’s obligation in the area of recov- square in America, including public build- Improper and Potentially Fraudulent Indi- ery costs will be determined soon: Now, ings and public parks; and vidual Assistance Payments Estimated to be Therefore, be it Whereas, there is concern that the federal Between $600 Million and $1.4 Billion, and Resolved, That the House of Representa- judiciary will continue to attempt to micro- Purchase Cards: Control Weaknesses Leave tives of the Legislature of Louisiana does manage the internal workings of the legisla- DHS Highly Vulnerable to Fraudulent, Im- hereby express its gratitude to the United tive as well as executive branches of govern- proper, and Abusive Activity; and States Senate Committee on Homeland Se- ment; and Whereas, on December 6, 2006, the GAO de- curity and Governmental Affairs and to the Whereas, there is pending before the 1st livered its most recent report to a meeting of Forensic Audits and Special Investigations Session of the 109th Congress the Constitu- the senate committee; and Unit of the GAO for the work they have al- tion Restoration Act of 2005, which will limit Whereas, this last report, Hurricanes ready done in identifying fraud and waste in the jurisdiction of the federal courts and pre- Katrina and Rita Disaster Relief: Continued FEMA’s hurricane recovery spending in Lou- serve the right to acknowledge God to the Findings of Fraud, Waste, and Abuse, in- isiana; and be it further states and to the people and resolve the issue cludes the following findings: nearly $17 mil- Resolved, That the House of Representa- of improper judicial intervention in matters lion in potentially improper or fraudulent tives of the Legislature of Louisiana does relating to the acknowledgment of God: rental assistance payments to individuals hereby urge and request the committee and Now, therefore, be it while they were living in trailers also paid the GAO to continue their investigation and Resolved, That the Legislature of Louisiana for by FEMA; FEMA provided potentially oversight efforts and to provide guidance to memorializes the Congress of the United improper or fraudulent rental assistance FEMA and to the state of Louisiana as to States to adopt S520 and HR 1070, the Con- payments to individuals living in FEMA-paid what the state’s share of legitimate recovery stitution Restoration Act of 2005 and, in apartments; nearly $20 million in potentially expenses is; and be it further doing so, protecting the ability of the people improper or fraudulent payments went to in- Resolved, That a copy of this Resolution be of Louisiana to display the Ten Command- dividuals who registered for both Hurricanes transmitted to the president and the sec- ments in public places, to express their faith Katrina and Rita assistance using the same retary of the United States Senate, the Lou- in public, to retain God in the Pledge of Alle- property; and millions of dollars of improper isiana congressional delegation, Senator giance, and to retain ‘‘In God We Trust’’ as and potentially fraudulent payments went to Susan Collins, Senator Joe Lieberman, the our national motto, and to use Article III, nonqualified aliens, including foreign stu- managing director of the Forensic Audits Section 2.2 of the United States Constitution dents and temporary workers; and and Special Investigations Unit of the Gov- to except these areas from the jurisdiction of Whereas, it is reasonable to expect at this ernment Accountability Office, the Lou- the United States Supreme Court; and be it time that additional inquiry by the GAO will isiana commissioner of administration, and further continue to reveal further problems with the the Louisiana legislative auditor. Resolved, That a copy of this Resolution FEMA expenditures; and POM–14. A concurrent resolution adopted shall be transmitted to the administrator of Whereas, in her opening statement to the by the Legislature of the State of Louisiana the General Services, Washington, D.C., to committee when this report was delivered, relative to certain Committees continuing

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their investigation and oversight efforts re- FEMA’s own data on overpayments show SCHUMER, Mr. PRYOR, and Mr. garding the Federal Emergency Management that the agency squandered hundreds of mil- CARDIN): Agency; to the Committee on Homeland Se- lions of dollars in gross improper payments S. 294. A bill to reauthorize Amtrak, and curity and Governmental Affairs. to individuals and households that the gov- for other purposes; to the Committee on HOUSE CONCURRENT RESOLUTION NO. 27 ernment may never recover’’; and Commerce, Science, and Transportation. Whereas, the United States Congress has By Ms. LANDRIEU (for herself, Mr. Whereas, in House Concurrent Resolution already responded to some of the GAO find- COCHRAN, Mr. LEVIN, Mr. VOINOVICH, No. 72 of the 2005 First Extraordinary Ses- ings by including a FEMA reform package as Mr. DURBIN, and Mr. SCHUMER): sion of the Louisiana Legislature, the legis- part of the 2007 Appropriations Act for the S. 295. A bill to establish a servitude and lature expressed serious concerns regarding Department of Homeland Security; and emancipation archival research clearing- the $3.7 billion that Louisiana was expected Whereas, though it has now been approxi- house in the National Archives; to the Com- to pay to the Federal Emergency Manage- mately fifteen months since Hurricanes mittee on Homeland Security and Govern- ment Agency (FEMA) as the state’s share of Katrina and Rita struck Louisiana, the GAO mental Affairs. hurricane recovery costs; and By Mr. BOND (for himself and Ms. Whereas, these concerns stemmed from ini- investigations and FEMA’s own admissions confirm suspicions of waste, the $3.7 billion SNOWE): tial reports of inefficiencies and accounting S. 296. A bill to amend the Internal Rev- errors on the part of FEMA, which had re- that FEMA originally billed to Louisiana is now expected to be closer to $500 million, and enue Code of 1986 to expand the availability sulted in an artificially high spending for of the cash method of accounting for small disaster recovery; and Congress has taken actions to prevent some of the abuse from occurring in the future, businesses, and for other purposes; to the Whereas, in light of its concerns, the Leg- Committee on Finance. islature of Louisiana memorialized the the Legislature of Louisiana is hopeful that the United States Senate Committee and the By Mr. SALAZAR: United States Congress to task the Govern- S. 297. A bill to amend the Internal Rev- Forensic Audits and Special Investigations ment Accountability Office (GAO) with a enue Code of 1986 to provide 15-year straight- Unit of the GAO will not forget about this complete audit of FEMA’s expenditures, and line cost recovery for certain improvements the appropriateness and reasonableness issue; and to retail space and for qualified new res- thereof, on Katrina and Rita recovery efforts Whereas, Louisiana is prepared to pay its taurant improvements and to expand the eli- in Louisiana; and share of reasonable costs of recovery, but a gibility for the work opportunity tax credit Whereas, to date the Forensic Audits and definitive appraisal of reasonable costs has to all disabled veterans; to the Committee on Special Investigations Unit of the GAO has not yet been determined; and Finance. delivered four reports to the United States Whereas, incoming United States Senate By Ms. MURKOWSKI (for herself and Majority Leader Harry Reid has announced Senate Committee on Homeland Security Mr. STEVENS): and Governmental Affairs regarding its in- tentative committee assignments for the S. 298. A bill to provide incentives for re- vestigation of fraud, waste, and abuse in 110th Congress, which include Senator Joe newable energy production, to increase fuel FEMA’s response to Hurricanes Katrina and Lieberman assuming the position of com- economy standards for automobiles, and to Rita; and mittee chairman and Senator Mary Landrieu provide tax incentives for renewable energy Whereas, the titles of these reports alone being made a member of the committee; and production; to the Committee on Finance. indicate that the Louisiana Legislature was Whereas, with Senator Lieberman in a po- By Mr. COLEMAN: right to be suspicious of and to request in- sition to continue the important work of the S. 299. A bill to amend the Internal Rev- quiry into the amount FEMA was claiming committee and Senator Landrieu in a posi- enue Code of 1986 to extend increased expens- it spent on recovery: Expedited Assistance tion to represent the interests of her state in ing for small businesses; to the Committee for Victims of Hurricanes Katrina and Rita: this work, and with the excellent work of the on Finance. FEMA’s Control Weaknesses Exposed the GAO in evidence, the Legislature of Lou- By Mr. KYL (for himself, Mr. ENSIGN, Government to Significant Fraud and Abuse; isiana is hopeful that an accurate appraisal Mr. REID, and Mrs. FEINSTEIN): Hurricanes Katrina and Rita Disaster Relief: of the state’s obligation in the area of recov- S. 300. A bill to authorize appropriations Improper and Potentially Fraudulent Indi- ery costs will be determined soon: Now, for the Bureau of Reclamation to carry out vidual Assistance Payments Estimated to be therefore, be it the Lower Colorado River Multi-Species Con- Between $600 Million and $1.4 Billion, and Resolved, That the Legislature of Louisiana servation Program in the States of Arizona, Purchase Cards: Control Weaknesses Leave does hereby express its gratitude to the California, and Nevada, and for other pur- DHS Highly Vulnerable to Fraudulent, Im- United States Senate Committee on Home- poses; to the Committee on Energy and Nat- proper, and Abusive Activity; and land Security and Governmental Affairs and ural Resources. Whereas, on December 6, 2006, the GAO de- to the Forensic Audits and Special Investiga- By Mrs. CLINTON (for herself, Mr. livered its most recent report to a meeting of tions Unit of the GAO for the work they have DURBIN, Ms. MIKULSKI, and Mr. the Senate Committee; and already done in identifying fraud and waste LIEBERMAN): S. 301. A bill to provide higher education Whereas, this last report, Hurricanes in FEMA’s hurricane recovery spending in assistance for nontraditional students, and Katrina and Rita Disaster Relief Continued Louisiana; and be it further for other purposes; to the Committee on Fi- Findings of Fraud, Waste, and Abuse, in- Resolved, That the Legislature of Louisiana nance. cludes the following findings: nearly $17 mil- does hereby urge and request the committee and the GAO to continue their investigation By Mr. VITTER: lion in potentially improper or fraudulent S. 302. A bill to establish a procedure to rental assistance payments to individuals and oversight efforts and to provide guidance to FEMA and to the state of Louisiana as to safeguard the Social Security Trust Funds; while they were living in trailers also paid to the Committee on Finance. for by FEMA; FEMA provided potentially what the state’s share of legitimate recovery expenses is; and be it further By Mr. VITTER: improper or fraudulent rental assistance S. 303. A bill to designate the facility of Resolved, That a copy of this Resolution be payments to individuals living in FEMA-paid the United States Postal Service located at transmitted to the President and the Sec- apartments; nearly $20 million in potentially 324 Main Street in Grambling, Louisiana, retary of the United States Senate, the Lou- improper or fraudulent payments went to in- shall be known and designated as the ‘‘Coach isiana congressional delegation, Senator dividuals who registered for both Hurricanes Eddie Robinson Post Office Building’’; to the Susan Collins, Senator Joe Lieberman, the Katrina and Rita assistance using the same Committee on Homeland Security and Gov- managing director of the Forensic Audits property; and millions of dollars of improper ernmental Affairs. and Special Investigations Unit of the Gov- and potentially fraudulent payments went to By Mr. VOINOVICH: ernment Accountability Office, the Lou- nonqualified aliens, including foreign stu- S. 304. A bill to establish a commission to isiana commissioner of administration, and dents and temporary workers; and develop legislation designed to reform tax the Louisiana legislative auditor. Whereas, it is reasonable to expect at this policy and entitlement benefit programs and time that additional inquiry by the GAO will f to ensure a sound fiscal future for the United continue to reveal further problems with the States, and for other purposes; to the Com- FEMA expenditures; and INTRODUCTION OF BILLS AND mittee on the Budget. Whereas, in her opening statement to the JOINT RESOLUTIONS By Mr. GRASSLEY (for himself, Mr. committee when this report was delivered, The following bills and joint resolu- DORGAN, Mr. ENZI, and Mr. HARKIN): Committee Chairman Senator Susan M. Col- tions were introduced, read the first S. 305. A bill to amend the Packers and lins said: ‘‘No flaw has been more persistent and second times by unanimous con- Stockyards Act, 1921, to make it unlawful for and more damaging to effective relief for dis- a packer to own, feed, or control livestock aster victims and to public confidence in sent, and referred as indicated: intended for slaughter; to the Committee on their government than the rampant fraud, By Mr. LAUTENBERG (for himself, Agriculture, Nutrition, and Forestry. waste, and abuse that have plagued federal Mr. LOTT, Mr. INOUYE, Mr. STEVENS, By Mr. SCHUMER: relief and recovery programs’’; and Mr. SPECTER, Mr. CARPER, Mrs. S. 306. A bill to provide certain require- Whereas, in his statement to the com- HUTCHISON, Mrs. BOXER, Ms. SNOWE, ments for hydroelectric projects on the Mo- mittee at that meeting, ranking minority Mr. DORGAN, Mr. BURR, Mrs. CLINTON, hawk River in the State of New York, and member Senator Joe Lieberman said ‘‘GAO’s Mr. DURBIN, Mr. BIDEN, Mr. MENEN- for other purposes; to the Committee on En- investigations over the past year as well as DEZ, Mr. KERRY, Mr. KENNEDY, Mr. ergy and Natural Resources.

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.081 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S579 By Mr. BAUCUS (for himself and Mr. secure the strategic and economic in- amendment No. 44 proposed to S. 1, a TESTER): terests of the United States, and for bill to provide greater transparency in S. 307. A bill to establish a minimum rate other purposes. the legislative process. of release for water from the Yellowtail S. 200 Dam, Montana; to the Committee on Energy f At the request of Ms. MURKOWSKI, the and Natural Resources. STATEMENTS ON INTRODUCED name of the Senator from Alaska (Mr. By Mr. DODD: BILLS AND JOINT RESOLUTIONS S. 308. A bill to prohibit an escalation in STEVENS) was added as a cosponsor of United States military forces in Iraq without S. 200, a bill to require the Secretary of By Mr. LAUTENBERG (for him- prior authorization by Congress; to the Com- the Interior, acting through the Bu- self, Mr. LOTT, Mr. INOUYE, Mr. mittee on Foreign Relations. reau of Reclamation and the United STEVENS, Mr. SPECTER, Mr. By Mr. SANDERS (for himself, Mrs. States Geological Survey, to conduct a CARPER, Mrs. HUTCHISON, Mrs. BOXER, Mr. KENNEDY, Mr. MENENDEZ, study on groundwater resources in the BOXER, Ms. SNOWE, Mr. DORGAN, Mr. LAUTENBERG, Mr. LEAHY, Mr. Mr. BURR, Mrs. CLINTON, Mr. REED, Mr. AKAKA, Mr. INOUYE, Mr. State of Alaska, and for other pur- DURBIN, Mr. BIDEN, Mr. MENEN- FEINGOLD, and Mr. WHITEHOUSE): poses. S. 309. A bill to amend the Clean Air Act to S. 223 DEZ, Mr. KERRY, Mr. KENNEDY, reduce emissions of carbon dioxide, and for At the request of Mr. FEINGOLD, the Mr. SCHUMER, Mr. PRYOR, and other purposes; to the Committee on Envi- name of the Senator from New Jersey Mr. CARDIN): ronment and Public Works. (Mr. MENENDEZ) was added as a cospon- S. 294. A bill to reauthorize Amtrak, f sor of S. 223, a bill to require Senate and for other purposes; to the Com- candidates to file designations, state- mittee on Commerce, Science, and SUBMISSION OF CONCURRENT AND ments, and reports in electronic form. Transportation. SENATE RESOLUTIONS S. 250 Mr. LAUTENBERG. Mr. President, together with my good friend—the new The following concurrent resolutions At the request of Ms. SNOWE, the and Senate resolutions were read, and name of the Senator from California Minority Whip—Senator TRENT LOTT I rise to introduce S. 294, the Passenger referred (or acted upon), as indicated: (Mrs. FEINSTEIN) was added as a co- By Mr. BIDEN (for himself and Mr. sponsor of S. 250, a bill to reduce the Rail Investment and Improvement Act LUGAR): costs of prescription drugs for Medicare of 2007. S. Res. 30. A resolution expressing the beneficiaries and to guarantee access After several gloomy years, the fu- sense of the Senate regarding the need for to comprehensive prescription drug ture of America’s passenger railroad is the United States to address global climate bright. This legislation will provide the change through the negotiation of fair and coverage under part D of the Medicare program, and for other purposes. necessary resources to bring Amtrak effective international commitments; to the up to speed as a real alternative to tak- S. 261 Committee on Foreign Relations. ing a plane or driving a car. At the request of Ms. CANTWELL, the f As we did in the past, we have joined names of the Senator from Illinois (Mr. forces to strengthen Amtrak and inter- ADDITIONAL COSPONSORS OBAMA) and the Senator from Rhode Is- city passenger rail services for all land (Mr. REED) were added as cospon- S. 6 Americans. But today, we introduce an sors of S. 261, a bill to amend title 18, At the request of Mr. REID, the name updated version of last Congress’s Am- United States Code, to strengthen proof the Senator from Hawaii (Mr. trak reauthorization and passenger rail hibitions against animal fighting, and AKAKA) was added as a cosponsor of S. expansion bill. S. 1516, the Passenger for other purposes. 6, a bill to enhance the security of the Rail Investment and Improvement United States by reducing the depend- S. RES. 22 (PRIIA) Act of 2005. ence of the United States on foreign At the request of Ms. COLLINS, the I co-authored this legislation with and unsustainable energy sources and name of the Senator from Wisconsin Senator LOTT, then Chairman of the the risks of global warming, and for (Mr. FEINGOLD) was added as a cospon- Commerce Committee’s Surface Trans- other purposes. sor of S. Res. 22, a resolution reaffirm- portation and Merchant Marine Sub- ing the constitutional and statutory S. 55 committee, so that we could finally protections accorded sealed domestic provide Amtrak with the funding and At the request of Mr. BAUCUS, the mail, and for other purposes. name of the Senator from Oregon (Mr. support it needs to thrive. The Com- S. RES. 29 SMITH) was added as a cosponsor of S. merce Committee favorably reported At the request of Ms. STABENOW, the 55, a bill to amend the Internal Rev- this bill, and Senator LOTT and I added names of the Senator from North Da- enue Code of 1986 to repeal the indi- it to last Congress’s Budget Reconcili- kota (Mr. DORGAN) and the Senator vidual alternative minimum tax. ation package, where it was adopted by from Louisiana (Ms. LANDRIEU) were S. 65 an overwhelming vote of 93 to 6. De- added as cosponsors of S. Res. 29, a res- spite the bipartisan support, the House At the request of Mr. INHOFE, the olution expressing the sense of the Sen- failed to act, so Amtrak was left with- name of the Senator from Colorado ate regarding Martin Luther King, Jr. out a necessary reauthorization. (Mr. SALAZAR) was added as a cospon- Day and the many lessons still to be Now, in the new Congress, I am the sor of S. 65, a bill to modify the age-60 learned from Dr. King’s example of chair of the Commerce Committee’s standard for certain pilots and for nonviolence, courage, compassion, dig- Surface Transportation and Merchant other purposes. nity, and public service. Marine Subcommittee. Working with S. 183 AMENDMENT NO. 17 Senator LOTT, and our bipartisan group At the request of Mr. STEVENS, the At the request of Mr. GREGG, the of cosponsors, we are going to get our name of the Senator from Alaska (Ms. name of the Senator from South Da- Amtrak bill through the Senate. This MURKOWSKI) was added as a cosponsor kota (Mr. THUNE) was added as a co- time, I believe the House will be ready, of S. 183, a bill to require the establish- sponsor of amendment No. 17 proposed willing, and able to match our efforts, ment of a corporate average fuel econ- to S. 1, a bill to provide greater trans- so that we can send a bill to the Presi- omy standard for passenger auto- parency in the legislative process. dent for his signature. mobiles of 40 miles per gallon by 2017, AMENDMENT NO. 20 Every year, Amtrak is forced to fight and for other purposes. At the request of Mr. BENNETT, the for Federal funding—funding that has S. 193 name of the Senator from Oklahoma been insufficient at best. But as air and At the request of Mr. LUGAR, the (Mr. COBURN) was added as a cosponsor highway congestion continue to wors- name of the Senator from South Da- of amendment No. 20 proposed to S. 1, en, and concerns over our dependence kota (Mr. THUNE) was added as a co- a bill to provide greater transparency on foreign oil remain, we must expand sponsor of S. 193, a bill to increase coin the legislative process. the capacity and improve the quality operation on energy issues between the AMENDMENT NO. 44 of our passenger rail system. United States Government and foreign At the request of Mr. DEMINT, his One needs only to look to Europe and governments and entities in order to name was added as a cosponsor of Asia to see the benefits that a modern

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.057 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S580 CONGRESSIONAL RECORD — SENATE January 16, 2007 passenger rail system can bring to a supporting this important bill that will Sec. 302. State rail plans. nation. Germany, which invested nine bring America’s passenger rail system Sec. 303. Next generation corridor train equipment pool. billion dollars in its rail system 2003 into the 21st Century. Sec. 304. Federal rail policy. alone, has a modern, high-speed rail I ask unanimous consent that the Sec. 305. Rail cooperative research program. system that reduces pollution, eases text of the bill be printed in the TITLE IV—PASSENGER RAIL SECURITY AND congestion and improves mobility for RECORD. SAFETY all of its citizens. The benefits of their There being no objection, the text of Sec. 400. Short title. world class system are obvious to any- the bill was ordered to be printed in Sec. 401. Rail transportation security risk one who travels there. We need the the RECORD, as follows: assessment. Sec. 402. Systemwide Amtrak security up- same world class system in our coun- S. 294 grades. try. Be it enacted by the Senate and House of Rep- Sec. 403. Fire and life-safety improvements. The era of the free and easy inter- resentatives of the United States of America in Sec. 404. Freight and passenger rail security state and quick, hassle-free flights has Congress assembled, upgrades. come and gone, and time for us to SECTION 1. SHORT TITLE. Sec. 405. Rail security research and develop- make real investments in our pas- This Act may be cited as the ‘‘Passenger ment. senger rail system has come. If we do Rail Investment and Improvement Act of Sec. 406. Oversight and grant procedures. 2007’’. Sec. 407. Amtrak plan to assist families of not invest in Amtrak now, I fear for passengers involved in rail pas- our country’s economy and quality of SEC. 2. AMENDMENT OF TITLE 49, UNITED senger accidents. life over the coming years. We simply STATES CODE. Sec. 408. Northern border rail passenger re- Except as otherwise specifically provided, port. cannot afford to rely solely on air trav- whenever in this Act an amendment is ex- el or automobiles if we are going to Sec. 409. Rail worker security training pro- pressed in terms of an amendment to a sec- gram. keep this country moving. tion or other provision of law, the reference Sec. 410. Whistleblower protection program. The terror and tragedy we experi- shall be considered to be made to a section Sec. 411. High hazard material security enced on 9/11 taught us that we cannot or other provision of title 49, United States threat mitigation plans. rely solely on our aviation system. Code. Sec. 412. Memorandum of agreement. Last fall, Hurricane Katrina high- SEC. 3. TABLE OF CONTENTS. Sec. 413. Rail security enhancements. The table of contents for this Act is as fol- Sec. 414. Public awareness. lighted the role that passenger rail Sec. 415. Railroad high hazard material lows: could play in evacuating residents who tracking. do not own automobiles. Hurricane Sec. 1. Short title. Sec. 416. Authorization of appropriations. Sec. 2. Amendment of title 49, United States Rita demonstrated the limits of our TITLE I—AUTHORIZATIONS Code. highway system, as evacuees’ vehicles Sec. 3. Table of contents. SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL crawled to a stop in bumper-to-bumper AND OPERATING EXPENSES AND TITLE I—AUTHORIZATIONS traffic. Each one of these disasters re- STATE CAPITAL GRANTS. minded us that our Nation needs Am- Sec. 101. Authorization for Amtrak capital (a) OPERATING GRANTS.—There are author- and operating expenses and ized to be appropriated to the Secretary of trak and better train service to provide State capital grants. Transportation for the use of Amtrak for op- options for the traveling public—in Sec. 102. Authorization for the Federal Rail- erating costs the following amounts: good times and in bad. road Administration. (1) For fiscal year 2007, $580,000,000. The bill we introduce today is the Sec. 103. Repayment of long-term debt and (2) For fiscal year 2008, $590,000,000. most comprehensive reauthorization of capital leases. (3) For fiscal year 2009, $600,000,000. Amtrak ever attempted by this body. Sec. 104. Excess railroad retirement. (4) For fiscal year 2010, $575,000,000. We have worked with Amtrak, freight Sec. 105. Other authorizations. (5) For fiscal year 2011, $535,000,000. railroads, the States and rail labor to TITLE II—AMTRAK REFORM AND OPERATIONAL (6) For fiscal year 2012, $455,000,000. IMPROVEMENTS (b) CAPITAL GRANTS.—There are authorized draft strong and comprehensive legisla- to be appropriated to the Secretary of Trans- Sec. 201. National railroad passenger trans- tion. portation for the use of Amtrak for capital portation system defined. Our bill authorizes nearly $12 billion projects (as defined in subparagraphs (A) and Sec. 202. Amtrak Board of Directors. in Federal support to expand partner- (B) of section 24401(2) of title 49, United Sec. 203. Establishment of improved finan- States Code) to bring the Northeast Corridor ships for passenger rail with the cial accounting system. (as defined in section 24102(a)) to a state-of- States, improve the Northeast Corridor Sec. 204. Development of 5-year financial good-repair, for capital expenses of the na- and provide real rail security for the plan. tional railroad passenger transportation sys- Nation. Additionally, Senator LOTT Sec. 205. Establishment of grant process. tem, and for purposes of making capital Sec. 206. State-supported routes. and I filed an amendment today to this grants under section 24402 of that title to Sec. 207. Independent auditor to establish bill which would add $7.8 billion in States, the following amounts: methodologies for Amtrak bonding authority for States and Am- (1) For fiscal year 2007, $813,000,000. route and service planning deci- trak to develop rail infrastructure. (2) For fiscal year 2008, $910,000,000. sions. (3) For fiscal year 2009, $1,071,000,000. This bonding authority would augment Sec. 208. Metrics and standards. (4) For fiscal year 2010, $1,096,000,000. the appropriated funds authorized by Sec. 209. Passenger train performance. (5) For fiscal year 2011, $1,191,000,000. this bill and provide Amtrak and the Sec. 210. Long distance routes. States with a reliable, multi-year Sec. 211. Alternate passenger rail service (6) For fiscal year 2012, $1,231,000,000. (c) AMOUNTS FOR STATE GRANTS.—Out of program. source of capital for major projects. We the amounts authorized under subsection (b), Sec. 212. Employee transition assistance. look forward to working with the Fi- the following percentage shall be available Sec. 213. Northeast Corridor state-of-good- nance Committee to consider this pro- each fiscal year for capital grants to States repair plan. under section 24402 of title 49, United States posal. Sec. 214. Northeast Corridor infrastructure Code, to be administered by the Secretary of Our bill also requires significant re- and operations improvements. Transportation: forms of Amtrak: The system’s sup- Sec. 215. Restructuring long-term debt and (1) 3 percent for fiscal year 2007. porters and detractors alike agree that capital leases. (2) 11 percent for fiscal year 2008. it is time to reauthorize the Corpora- Sec. 216. Study of compliance requirements (3) 23 percent for fiscal year 2009. at existing intercity rail station so that Amtrak has congressional (4) 25 percent for fiscal year 2010. tions. guidance on how to proceed with im- (5) 31 percent for fiscal year 2011. Sec. 217. Incentive pay. portant reform initiatives needed to (6) 33 percent for fiscal year 2012. Sec. 218. Access to Amtrak equipment and (d) PROJECT MANAGEMENT OVERSIGHT.—The improve service, grow revenues, and services. Secretary may withhold up to 1⁄2 of 1 percent cut costs. Sec. 219. General Amtrak provisions. of amounts appropriated pursuant to sub- People in New Jersey rely on Amtrak Sec. 220. Private sector funding of passenger section (b) for the costs of project manage- and want to be sure that the system trains. ment oversight of capital projects carried will be there for them in the future. Sec. 221. On-board service improvements. out by Amtrak. With this plan, it will. Sec. 222. Management accountability. SEC. 102. AUTHORIZATION FOR THE FEDERAL Last year, 93 Senators voted for this TITLE III—INTERCITY PASSENGER RAIL POLICY RAILROAD ADMINISTRATION. plan. I ask that my colleagues, once Sec. 301. Capital assistance for intercity There are authorized to be appropriated to again, join Senator LOTT and myself in passenger rail service. the Secretary of Transportation for the use

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.059 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S581 of the Federal Railroad Administration such (3) $2,000,000 for fiscal year 2008, for the use ‘‘(A) The Secretary of Transportation. sums as necessary to implement the provi- of Amtrak in conducting the evaluation re- ‘‘(B) The President of Amtrak, who shall sions required under this Act for fiscal years quired by section 216 of this Act. serve ex officio, as a non-voting member. 2007 through 2012. TITLE II—AMTRAK REFORM AND ‘‘(C) 8 individuals appointed by the Presi- SEC. 103. REPAYMENT OF LONG-TERM DEBT AND OPERATIONAL IMPROVEMENTS dent of the United States, by and with the CAPITAL LEASES. advice and consent of the Senate, with gen- SEC. 201. NATIONAL RAILROAD PASSENGER MTRAK RINCIPAL AND NTEREST AY eral business and financial experience, expe- (a) A P I P - TRANSPORTATION SYSTEM DE- MENTS.— FINED. rience or qualifications in transportation, freight and passenger rail transportation, (1) PRINCIPAL ON DEBT SERVICE.—There are (a) IN GENERAL.—Section 24102 is amend- travel, hospitality, cruise line, and passenger authorized to be appropriated to the Sec- ed— air transportation businesses, or representa- retary of Transportation for the use of Am- (1) by striking paragraph (2); tives of employees or users of passenger rail trak for retirement of principal on loans for (2) by redesignating paragraphs (3), (4), and transportation or a State government. capital equipment, or capital leases, not (5) as paragraphs (2), (3), and (4), respec- ‘‘(2) In selecting individuals described in more than the following amounts: tively; and paragraph (1) for nominations for appoint- (A) For fiscal year 2007, $153,900,000. (3) by inserting after paragraph (4) as so re- ments to the Board, the President shall con- (B) For fiscal year 2008, $153,400,000. designated the following: sult with the Speaker of the House of Rep- (C) For fiscal year 2009, $180,600,000. ‘‘(5) ‘national rail passenger transportation resentatives, the Minority Leader of the (D) For fiscal year 2010, $182,800,000. system’ means— House of Representatives, the Majority (E) For fiscal year 2011, $189,400,000. ‘‘(A) the segment of the Northeast Corridor (F) For fiscal year 2012, $202,600,000. Leader of the Senate, and the Minority Lead- between Boston, Massachusetts and Wash- er of the Senate and try to provide adequate (2) INTEREST ON DEBT.—There are author- ington, D.C.; ized to be appropriated to the Secretary of and balanced representation of the major ge- ‘‘(B) rail corridors that have been des- ographic regions of the United States served Transportation for the use of Amtrak for the ignated by the Secretary of Transportation payment of interest on loans for capital by Amtrak. as high-speed corridors (other than corridors ‘‘(3) An individual appointed under para- equipment, or capital leases, the following described in subparagraph (A)), but only amounts: graph (1)(C) of this subsection serves for 5 after they have been improved to permit op- years or until the individual’s successor is (A) For fiscal year 2007, $139,600,000. eration of high-speed service; (B) For fiscal year 2008, $131,300,000. appointed and qualified. Not more than 5 in- ‘‘(C) long distance routes of more than 750 dividuals appointed under paragraph (1)(C) (C) For fiscal year 2009, $121,700,000. miles between endpoints operated by Amtrak (D) For fiscal year 2010, $111,900,000. may be members of the same political party. as of the date of enactment of the Passenger ‘‘(4) The Board shall elect a chairman and (E) For fiscal year 2011, $101,900,000. Rail Investment and Improvement Act of (F) For fiscal year 2012, $90,200,000. a vice chairman from among its membership. 2007; and The vice chairman shall serve as chairman in (3) EARLY BUYOUT OPTION.—There are au- ‘‘(D) short-distance corridors, or routes of the absence of the chairman. thorized to be appropriated to the Secretary not more than 750 miles between endpoints, of Transportation such sums as may be nec- ‘‘(5) The Secretary may be represented at operated by— board meetings by the Secretary’s designee. essary for the use of Amtrak for the pay- ‘‘(i) Amtrak; or ment of costs associated with early buyout ‘‘(6) The voting privileges of the President ‘‘(ii) another rail carrier that receives can be changed by a unanimous decision of options if the exercise of those options is de- funds under chapter 244.’’. termined to be advantageous to Amtrak. the Board. (b) AMTRAK ROUTES WITH STATE FUNDING.— ‘‘(b) PAY AND EXPENSES.—Each director not (4) LEGAL EFFECT OF PAYMENTS UNDER THIS (1) IN GENERAL.—Chapter 247 is amended by employed by the United States Government SECTION.—The payment of principal and in- inserting after section 24701 the following: is entitled to $300 a day when performing terest on secured debt, with the proceeds of Board duties. Each Director is entitled to re- grants authorized by this section shall not— ‘‘ 24702. Transportation requested by States, authorities, and other persons imbursement for necessary travel, reason- (A) modify the extent or nature of any in- able secretarial and professional staff sup- debtedness of the National Railroad Pas- ‘‘(a) CONTRACTS FOR TRANSPORTATION.— port, and subsistence expenses incurred in senger Corporation to the United States in Amtrak may enter into a contract with a attending Board meetings. existence of the date of enactment of this State, a regional or local authority, or an- ‘‘(c) VACANCIES.—A vacancy on the Board Act; other person for Amtrak to operate an inter- is filled in the same way as the original se- (B) change the private nature of Amtrak’s city rail service or route not included in the lection, except that an individual appointed or its successors’ liabilities; or national rail passenger transportation sys- by the President of the United States under (C) imply any Federal guarantee or com- tem upon such terms as the parties thereto subsection (a)(1)(C) of this section to fill a mitment to amortize Amtrak’s outstanding may agree. vacancy occurring before the end of the term indebtedness. ‘‘(b) DISCONTINUANCE.—Upon termination for which the predecessor of that individual SEC. 104. EXCESS RAILROAD RETIREMENT. of a contract entered into under this section, was appointed is appointed for the remainder There are authorized to be appropriated to or the cessation of financial support under of that term. A vacancy required to be filled the Secretary of Transportation, beginning such a contract by either party, Amtrak by appointment under subsection (a)(1)(C) with fiscal year 2007, such sums as may be may discontinue such service or route, not- must be filled not later than 120 days after necessary to pay to the Railroad Retirement withstanding any other provision of law.’’. the vacancy occurs. Account an amount equal to the amount (2) CONFORMING AMENDMENT.—The chapter ‘‘(d) QUORUM.—A majority of the members Amtrak must pay under section 3221 of the analysis for chapter 247 is amended by in- serving shall constitute a quorum for doing Internal Revenue Code of 1986 in such fiscal serting after the item relating to section business. ‘‘(e) BYLAWS.—The Board may adopt and years that is more than the amount needed 24701 the following: amend bylaws governing the operation of for benefits for individuals who retire from ‘‘24702. Transportation requested by States, Amtrak. The bylaws shall be consistent with Amtrak and for their beneficiaries. For each authorities, and other persons’’. this part and the articles of incorporation.’’. fiscal year in which the Secretary makes (c) AMTRAK TO CONTINUE TO PROVIDE NON- (b) EFFECTIVE DATE FOR DIRECTORS’ PROVI- such a payment, the amounts authorized by HIGH-SPEED SERVICES.—Nothing in this Act SION.—The amendment made by subsection section 101(a) shall be reduced by an amount is intended to preclude Amtrak from restor- (a) shall take effect on October 1, 2007. The equal to such payment. ing, improving, or developing non-high-speed members of the Amtrak Board serving on the SEC. 105. OTHER AUTHORIZATIONS. intercity passenger rail service. date of enactment of this Act may continue There are authorized to be appropriated to (d) APPLICABILITY OF SECTION 24706.—Sec- to serve for the remainder of the term to the Secretary of Transportation— tion 24706 is amended by adding at the end which they were appointed. (1) $5,000,000 for each of fiscal years 2007 the following: SEC. 203. ESTABLISHMENT OF IMPROVED FINAN- through 2012 to carry out the rail coopera- ‘‘(c) APPLICABILITY.—This section applies CIAL ACCOUNTING SYSTEM. tive research program under section 24910 of to all service over routes provided by Am- (a) IN GENERAL.—The Amtrak Board of Di- title 49, United States Code; trak, notwithstanding any provision of sec- rectors— (2) $5,000,000 for fiscal year 2008, to remain tion 24701 of this title or any other provision (1) may employ an independent financial available until expended, for grants to Am- of this title except section 24702(b).’’. consultant with experience in railroad ac- trak and States participating in the Next counting to assist Amtrak in improving Am- SEC. 202. AMTRAK BOARD OF DIRECTORS. Generation Corridor Train Equipment Pool trak’s financial accounting and reporting (a) IN GENERAL.—Section 24302 is amended Committee established under section 303 of system and practices; and to read as follows: this Act for the purpose of designing, devel- (2) shall implement a modern financial ac- oping specifications for, and initiating the ‘‘§ 24302. Board of directors counting and reporting system that will procurement of an initial order of 1 or more ‘‘(a) COMPOSITION AND TERMS.— produce accurate and timely financial infor- types of standardized next-generation cor- ‘‘(1) The Board of Directors of Amtrak is mation in sufficient detail— ridor train equipment and establishing a composed of the following 10 directors, each (A) to enable Amtrak to assign revenues jointly-owned corporation to manage that of whom must be a citizen of the United and expenses appropriately to each of its equipment; and States: lines of business and to each major activity

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within each line of business activity, includ- (c) STANDARDS TO PROMOTE FINANCIAL STA- Secretary under the preceding sentence, Am- ing train operations, equipment mainte- BILITY.—In meeting the requirements of sub- trak shall submit a modified request for the nance, ticketing, and reservations; section (b), Amtrak shall— Secretary’s review. (B) to aggregate expenses and revenues re- (1) apply sound budgetary practices, in- (3) REVISED REQUESTS.—Within 15 days lated to infrastructure and distinguish them cluding reducing costs and other expendi- after receiving a modified request from Am- from expenses and revenues related to rail tures, improving productivity, increasing trak, the Secretary shall either approve the operations; revenues, or combinations of such practices; modified request, or, if the Secretary finds (C) to allow the analysis of ticketing and (2) use the categories specified in the fi- that the request is still incomplete or defi- reservation information on a real-time basis; nancial accounting and reporting system de- cient, the Secretary shall identify in writing (D) to provide Amtrak cost accounting veloped under section 203 when preparing its to the Senate Committee on Commerce, data; and 5-year financial plan; and Science, and Transportation and the House (E) to allow financial analysis by route and (3) ensure that the plan is consistent with of Representatives Committee on Transpor- service. the authorizations of appropriations under tation and Infrastructure the remaining deficiencies and recommend a process for resolv- (b) VERIFICATION OF SYSTEM; REPORT.—The title I of this Act. SSESSMENT BY DOT INSPECTOR GEN- ing the outstanding portions of the request. Inspector General of the Department of (d) A ERAL.— Transportation shall review the accounting SEC. 206. STATE-SUPPORTED ROUTES. (1) IN GENERAL.—The Inspector General of system designed and implemented under sub- (a) IN GENERAL.—Within 2 years after the the Department of Transportation shall as- date of enactment of this Act, the Board of section (a) to ensure that it accomplishes the sess the 5-year financial plans prepared by Directors of Amtrak, in consultation with purposes for which it is intended. The Inspec- Amtrak under this section to determine the Secretary of Transportation and the gov- tor General shall report his findings and con- whether they meet the requirements of sub- ernors of each State and the Mayor of the clusions, together with any recommenda- section (b), and may suggest revisions to any District of Columbia or groups representing tions, to the Senate Committee on Com- components thereof that do not meet those those officials, shall develop and implement merce, Science, and Transportation and the requirements. a standardized methodology for establishing House of Representatives Committee on (2) ASSESSMENT TO BE FURNISHED TO THE and allocating the operating and capital Transportation and Infrastructure. CONGRESS.—The Inspector General shall fur- costs among the States and Amtrak associ- SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL nish to the House of Representatives Com- ated with trains operated on routes described PLAN. mittee on Appropriations, the Senate Com- in section 24102(5)(B) or (D) or section 24702 that— (a) DEVELOPMENT OF 5-YEAR FINANCIAL mittee on Appropriations, the House of Rep- (1) ensures, within 5 years after the date of PLAN.—The Amtrak Board of Directors shall resentatives Committee on Transportation submit an annual budget and business plan and Infrastructure, and the Senate Com- enactment of this Act, equal treatment in for Amtrak, and a 5-year financial plan for mittee on Commerce, Science, and Transpor- the provision of like services of all States the fiscal year to which that budget and tation— and groups of States (including the District business plan relate and the subsequent 4 (A) an assessment of the annual budget of Columbia); and years, prepared in accordance with this sec- within 90 days after receiving it from Am- (2) allocates to each route the costs in- tion, to the Secretary of Transportation and trak; and curred only for the benefit of that route and the Inspector General of the Department of (B) an assessment of the remaining 4 years a proportionate share, based upon factors Transportation no later than— of the 5-year financial plan within 180 days that reasonably reflect relative use, of costs (1) the first day of each fiscal year begin- after receiving it from Amtrak. incurred for the common benefit of more ning after the date of enactment of this Act; SEC. 205. ESTABLISHMENT OF GRANT PROCESS. than 1 route. (b) REVIEW.—If Amtrak and the States (in- or (a) GRANT REQUESTS.—Amtrak shall sub- cluding the District of Columbia) in which (2) the date that is 60 days after the date of mit grant requests (including a schedule for the disbursement of funds), consistent with Amtrak operates such routes do not volun- enactment of an appropriation Act for the tarily adopt and implement the methodology fiscal year, if later. the requirements of this Act, to the Sec- retary of Transportation for funds author- developed under subsection (a) in allocating (b) CONTENTS OF 5-YEAR FINANCIAL PLAN.— ized to be appropriated to the Secretary for costs and determining compensation for the The 5-year financial plan for Amtrak shall the use of Amtrak under sections 101(a) and provision of service in accordance with the include, at a minimum— (b), 103, and 105. date established therein, the Surface Trans- (1) all projected revenues and expenditures (b) PROCEDURES FOR GRANT REQUESTS.— portation Board shall determine the appro- for Amtrak, including governmental funding The Secretary shall establish substantive priate methodology required under sub- sources; and procedural requirements, including section (a) for such services in accordance (2) projected ridership levels for all Am- schedules, for grant requests under this sec- with the procedures and procedural schedule trak passenger operations; tion not later than 30 days after the date of applicable to a proceeding under section (3) revenue and expenditure forecasts for enactment of this Act and shall transmit 24904(c) of title 49, United States Code, and non-passenger operations; copies to the Senate Committee on Com- require the full implementation of this (4) capital funding requirements and ex- merce, Science, and Transportation and the methodology with regards to the provision of penditures necessary to maintain passenger House of Representatives Committee on such service within 1 year after the Board’s service which will accommodate predicted Transportation and Infrastructure. As part determination of the appropriate method- ridership levels and predicted sources of cap- of those requirements, the Secretary shall ology. ital funding; require, at a minimum, that Amtrak deposit (c) USE OF CHAPTER 244 FUNDS.—Funds pro- (5) operational funding needs, if any, to grant funds, consistent with the appro- vided to a State under chapter 244 of title 49, maintain current and projected levels of pas- priated amounts for each area of expenditure United States Code, may be used, as provided senger service, including state-supported in a given fiscal year, in the following 3 ac- in that chapter, to pay capital costs deter- routes and predicted funding sources; counts: mined in accordance with this section. (6) projected capital and operating require- (1) The Amtrak Operating account. SEC. 207. INDEPENDENT AUDITOR TO ESTABLISH METHODOLOGIES FOR AMTRAK ments, ridership, and revenue for any new (2) The Amtrak General Capital account. ROUTE AND SERVICE PLANNING DE- passenger service operations or service ex- (3) The Northeast Corridor Improvement CISIONS. pansions; funds account. (a) METHODOLOGY DEVELOPMENT.—The Fed- (7) an assessment of the continuing finan- Amtrak may not transfer such funds to an- eral Railroad Administration shall obtain cial stability of Amtrak, as indicated by fac- other account or expend such funds for any the services of an independent auditor or tors such as the ability of the Federal gov- purpose other than the purposes covered by consultant to develop and recommend objec- ernment to fund capital and operating re- the account in which the funds are deposited tive methodologies for determining intercity quirements adequately, Amtrak’s ability to without approval by the Secretary. passenger routes and services, including the efficiently manage its workforce, and Am- (c) REVIEW AND APPROVAL.— establishment of new routes, the elimination trak’s ability to effectively provide pas- (1) 30-DAY APPROVAL PROCESS.—The Sec- of existing routes, and the contraction or ex- senger train service; retary shall complete the review of a com- pansion of services or frequencies over such (8) estimates of long-term and short-term plete grant request (including the disburse- routes. In developing such methodologies, debt and associated principal and interest ment schedule) and approve or disapprove the auditor or consultant shall consider— payments (both current and anticipated); the request within 30 days after the date on (1) the current or expected performance (9) annual cash flow forecasts; which Amtrak submits the grant request. If and service quality of intercity passenger (10) a statement describing methods of es- the Secretary disapproves the request or de- train operations, including cost recovery, on- timation and significant assumptions; termines that the request is incomplete or time performance and minutes of delay, rid- (11) specific measures that demonstrate deficient, the Secretary shall include the ership, on-board services, stations, facilities, measurable improvement year over year in reason for disapproval or the incomplete equipment, and other services; Amtrak’s ability to operate with reduced items or deficiencies in the notice to Am- (2) connectivity of a route with other Federal operating assistance; and trak. routes; (12) capital and operating expenditures for (2) 15-DAY MODIFICATION PERIOD.—Within 15 (3) the transportation needs of commu- anticipated security needs. days after receiving notification from the nities and populations that are not well

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served by other forms of public transpor- ance and minutes of delay, causes of delay, (b) CHANGE OF REFERENCE.—Section 24308 is tation; on-board services, stations, facilities, equip- amended— (4) Amtrak’s and other major intercity ment, and other services. (1) by striking ‘‘Interstate Commerce Com- passenger rail service providers in other (c) CONTRACT WITH HOST RAIL CARRIERS.— mission’’ in subsection (a)(2)(A) and insert- countries’ methodologies for determining To the extent practicable, Amtrak and its ing ‘‘Surface Transportation Board’’; intercity passenger rail routes and services; host rail carriers shall incorporate the (2) by striking ‘‘Commission’’ each place it and metrics and standards developed under sub- appears and inserting ‘‘Board’’; (5) the views of the States and other inter- section (a) into their access and service (3) by striking ‘‘Secretary of Transpor- ested parties. agreements. tation’’ in subsection (c) and inserting (d) ARBITRATION.—If the development of (b) SUBMITTAL TO CONGRESS.—The auditor ‘‘Board’’; and or consultant shall submit recommendations the metrics and standards is not completed (4) by striking ‘‘Secretary’’ the last 3 developed under subsection (a) to Amtrak, within the 180-day period required by sub- places it appears in subsection (c) and each section (a), any party involved in the devel- the House of Representatives Committee on place it appears in subsections (d) and (e) and opment of those standards may petition the Transportation and Infrastructure, and the inserting ‘‘Board’’. Surface Transportation Board to appoint an Senate Committee on Commerce, Science, arbitrator to assist the parties in resolving and Transportation. SEC. 210. LONG DISTANCE ROUTES. their disputes through binding arbitration. (c) CONSIDERATION OF RECOMMENDATIONS.— (a) IN GENERAL.—Chapter 247 is amended SEC. 209. PASSENGER TRAIN PERFORMANCE. Within 90 days after receiving the rec- by adding at the end thereof the following: (a) IN GENERAL.—Section 24308 is amended ommendations developed under subsection by adding at the end the following: (a) by the independent auditor or consultant, ‘‘§ 24710. Long distance routes ‘‘(f) PASSENGER TRAIN PERFORMANCE AND the Amtrak Board shall consider the adop- OTHER STANDARDS.— ‘‘(a) ANNUAL EVALUATION.—Using the fi- tion of those recommendations. The Board ‘‘(1) INVESTIGATION OF SUBSTANDARD PER- nancial and performance metrics developed shall transmit a report to the Senate Com- FORMANCE.—If the on-time performance of under section 208 of the Passenger Rail In- mittee on Commerce, Science, and Transpor- any intercity passenger train averages less vestment and Improvement Act of 2007, Am- tation and the House of Representatives than 80 percent for any 2 consecutive cal- trak shall— Committee on Transportation and Infra- endar quarters, or the service quality of ‘‘(1) evaluate annually the financial and structure explaining its action in adopting intercity passenger train operations for operating performance of each long distance or failing to adopt any of the recommenda- which minimum standards are established passenger rail route operated by Amtrak; tions. under section 208 of the Passenger Rail In- and (d) AUTHORIZATION OF APPROPRIATIONS.— vestment and Improvement Act of 2007 fails ‘‘(2) rank the overall performance of such There are authorized to be made available to to meet those standards for 2 consecutive routes for 2006 and identify each long dis- the Secretary of Transportation, out of any calendar quarters, the Surface Transpor- tance passenger rail route operated by Am- amounts authorized by this Act to be appro- tation Board may initiate an investigation, trak in 2006 according to its overall perform- priated for the benefit of Amtrak and not or upon the filing of a complaint by Amtrak, ance as belonging to the best performing otherwise obligated or expended, such sums an intercity passenger rail operator, or an third of such routes, the second best per- as may be necessary to carry out this sec- entity for which Amtrak operates intercity forming third of such routes, or the worst tion. passenger rail service, the Board shall ini- performing third of such routes. (e) PIONEER ROUTE.—Within 2 years after tiate an investigation to determine whether, ‘‘(b) PERFORMANCE IMPROVEMENT PLAN.— the date of enactment of this Act, Amtrak and to what extent, delays or failure to Amtrak shall develop and publish a perform- shall conduct a 1-time evaluation of the Pio- achieve minimum standards are due to ance improvement plan for its long distance neer Route formerly operated by Amtrak to causes that could reasonably be addressed by passenger rail routes to achieve financial determine, using methodologies adopted a rail carrier over tracks of which the inter- and operating improvements based on the under subsection (c), whether a level of pas- city passenger train operates or reasonably data collected through the application of the senger demand exists that would warrant addressed by Amtrak or other intercity pas- financial and performance metrics developed consideration of reinstating the entire Pio- senger rail operator. In making its deter- under section 208 of that Act. The plan shall neer Route service or segments of that serv- mination or carrying out such an investiga- address— ice. tion, the Board shall obtain information ‘‘(1) on-time performance; SEC. 208. METRICS AND STANDARDS. from all parties involved and identify rea- ‘‘(2) scheduling, frequency, routes, and (a) IN GENERAL.—Within 180 days after the sonable measures and make recommenda- stops; date of enactment of this Act, the Adminis- tions to improve the service, quality, and on- ‘‘(3) the feasibility of restructuring service trator of the Federal Railroad Administra- time performance of the train. into connected corridor service; tion and Amtrak shall jointly, in consulta- ‘‘(2) PROBLEMS CAUSED BY HOST RAIL CAR- ‘‘(4) performance-related equipment tion with the Surface Transportation Board, RIER.—If the Board determines that delays or changes and capital improvements; rail carriers over whose rail lines Amtrak failures to achieve minimum standards in- ‘‘(5) on-board amenities and service, in- trains operate, States, Amtrak employees, vestigated under paragraph (1) are attrib- cluding food, first class, and sleeping car and groups representing Amtrak passengers, utable to a rail carrier’s failure to provide service; as appropriate, develop new or improve ex- preference to Amtrak over freight transpor- ‘‘(6) State or other non-Federal financial isting metrics and minimum standards for tation as required under subsection (c), the contributions; measuring the performance and service qual- Board may award damages against the host ‘‘(7) improving financial performance; and ity of intercity passenger train operations, rail carrier, including prescribing such other ‘‘(8) other aspects of Amtrak’s long dis- including cost recovery, on-time perform- relief to Amtrak as it determines to be rea- tance passenger rail routes that affect the fi- ance and minutes of delay, ridership, on- sonable and appropriate pursuant to para- nancial, competitive, and functional per- board services, stations, facilities, equip- graph (3) of this subsection. formance of service on Amtrak’s long dis- ment, and other services. Such metrics, at a ‘‘(3) DAMAGES AND RELIEF.—In awarding tance passenger rail routes. minimum, shall include the percentage of damages and prescribing other relief under avoidable and fully allocated operating costs this subsection the Board shall consider such ‘‘(c) IMPLEMENTATION.—Amtrak shall im- covered by passenger revenues on each route, factors as— plement the performance improvement plan ridership per train mile operated, measures ‘‘(A) the extent to which Amtrak suffers fi- developed under subsection (b)— of on-time performance and delays incurred nancial loss as a result of host rail carrier ‘‘(1) beginning in fiscal year 2008 for those by intercity passenger trains on the rail delays or failure to achieve minimum stand- routes identified as being in the worst per- lines of each rail carrier and, for long dis- ards; and forming third under subsection (a)(2); tance routes, measures of connectivity with ‘‘(B) what reasonable measures would ade- ‘‘(2) beginning in fiscal year 2009 for those other routes in all regions currently receiv- quately deter future actions which may rea- routes identified as being in the second best ing Amtrak service and the transportation sonably be expected to be likely to result in performing third under subsection (a)(2); and needs of communities and populations that delays to Amtrak on the route involved. ‘‘(3) beginning in fiscal year 2010 for those are not well-served by other forms of public ‘‘(4) USE OF DAMAGES.—The Board shall, as routes identified as being in the best per- transportation. Amtrak shall provide reason- it deems appropriate, remit the damages forming third under subsection (a)(2). able access to the Federal Railroad Adminis- awarded under this subsection to Amtrak or ‘‘(d) ENFORCEMENT.—The Federal Railroad tration in order to enable the Administra- to an entity for which Amtrak operates Administration shall monitor the develop- tion to carry out its duty under this section. intercity passenger rail service. Such dam- ment, implementation, and outcome of im- (b) QUARTERLY REPORTS.—The Adminis- ages shall be used for capital or operating ex- provement plans under this section. If, for trator of the Federal Railroad Administra- penditures on the routes over which delays any year, it determines that Amtrak is not tion shall collect the necessary data and or failures to achieve minimum standards making reasonable progress in implementing publish a quarterly report on the perform- were the result of a rail carrier’s failure to its performance improvement plan or in ance and service quality of intercity pas- provide preference to Amtrak over freight achieving the expected outcome of the plan senger train operations, including Amtrak’s transportation as determined in accordance for any calendar year, the Federal Railroad cost recovery, ridership, on-time perform- with paragraph (2).’’. Administration—

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.068 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S584 CONGRESSIONAL RECORD — SENATE January 16, 2007 ‘‘(1) shall notify Amtrak, the Inspector ‘‘(B) during the immediately preceding fis- long distance route or any other route under General of the Department of Transpor- cal year for operations commencing in subse- section 24711 of title 49, United States Code, tation, and appropriate Congressional com- quent fiscal years. previously operated by Amtrak, the Sec- mittees of its determination under this sub- ‘‘(2) ROUTE LIMITATIONS.—The Administra- retary shall develop a program under which section; tion may not make the program available the Secretary may, in the Secretary’s discre- ‘‘(2) shall provide an opportunity for a with respect to more than 1 Amtrak pas- tion, provide grants for financial incentives hearing with respect to that determination; senger rail route for operations beginning in to be provided to employees of the National and fiscal year 2009 nor to more than 2 such Railroad Passenger Corporation who volun- ‘‘(3) may withhold any appropriated funds routes for operations beginning in fiscal year tarily terminate their employment with the otherwise available to Amtrak for the oper- 2011 and subsequent fiscal years. Corporation and relinquish any legal rights ation of a route or routes on which it is not ‘‘(c) PERFORMANCE STANDARDS; ACCESS TO to receive termination-related payments making progress, other than funds made FACILITIES; EMPLOYEES.—If the Administra- under any contractual agreement with the available for passenger safety or security tion awards the right and obligation to pro- Corporation. measures.’’. vide passenger rail service over a route under (b) CONDITIONS FOR FINANCIAL INCEN- (b) CONFORMING AMENDMENT.—The chapter the program to a rail carrier or rail car- TIVES.—As a condition for receiving financial analysis for chapter 247 is amended by in- riers— assistance grants under this section, the Cor- serting after the item relating to section ‘‘(1) it shall execute a contract with the poration must certify that— 24709 the following: rail carrier or rail carriers for rail passenger (1) a reasonable attempt was made to reas- ‘‘24710. Long distance routes’’. operations on that route that conditions the sign an employee adversely affected under section 24711 of title 49, United States Code, SEC. 211. ALTERNATE PASSENGER RAIL SERVICE operating and subsidy rights upon— PROGRAM. ‘‘(A) the service provider continuing to or by the elimination of any route, to other (a) IN GENERAL.—Chapter 247, as amended provide passenger rail service on the route positions within the Corporation in accord- by section 209, is amended by adding at the that is no less frequent, nor over a shorter ance with any contractual agreements; end thereof the following: distance, than Amtrak provided on that (2) the financial assistance results in a net ‘‘§ 24711. Alternate passenger rail service pro- route before the award; and reduction in the total number of employees gram ‘‘(B) the service provider’s compliance with equal to the number receiving financial incentives; ‘‘(a) IN GENERAL.—Within 1 year after the the minimum standards established under date of enactment of the Passenger Rail In- section 208 of the Passenger Rail Investment (3) the financial assistance results in a net vestment and Improvement Act of 2007, the and Improvement Act of 2007 and such addi- reduction in total employment expense Federal Railroad Administration shall ini- tional performance standards as the Admin- equivalent to the total employment expenses associated with the employees receiving fi- tiate a rulemaking proceeding to develop a istration may establish; nancial incentives; and program under which— ‘‘(2) it shall, if the award is made to a rail (4) the total number of employees eligible ‘‘(1) a rail carrier or rail carriers that own carrier other than Amtrak, require Amtrak for termination-related payments will not be infrastructure over which Amtrak operates a to provide access to its reservation system, increased without the express written con- passenger rail service route described in sub- stations, and facilities to any rail carrier or sent of the Secretary. paragraph (B), (C), or (D) of section 24102(5) rail carriers awarded a contract under this (c) AMOUNT OF FINANCIAL INCENTIVES.—The or in section 24702 of title 49, United States section, in accordance with section 218 of Code may petition the Federal Railroad Ad- financial incentives authorized under this that Act, necessary to carry out the purposes section may be no greater than $50,000 per ministration to be considered as a passenger of this section; rail service provider over that route in lieu employee. ‘‘(3) the employees of any person used by a (d) AUTHORIZATION OF APPROPRIATIONS.— of Amtrak; rail carrier or rail carriers (as defined in sec- There are hereby authorized to be appro- ‘‘(2) the Administration would notify Am- tion 10102(5) of this title) in the operation of priated to the Secretary such sums as may trak within 30 days after receiving a petition a route under this section shall be considered be necessary to make grants to the National under paragraph (1) and establish a deadline an employee of that carrier or carriers and Railroad Passenger Corporation to provide by which both the petitioner and Amtrak subject to the applicable Federal laws and financial incentives under subsection (a). would be required to submit a bid to provide regulations governing similar crafts or class- (e) TERMINATION-RELATED PAYMENTS.—If passenger rail service over the route to es of employees of Amtrak, including provi- Amtrak employees adversely affected by the which the petition relates; sions under section 121 of the Amtrak Re- cessation of Amtrak service resulting from ‘‘(3) each bid would describe how the bidder form and Accountability Act of 1997 relating the awarding of a grant to an operator other would operate the route, what Amtrak pas- to employees that provide food and beverage than Amtrak for the operation of a route senger equipment would be needed, if any, service; and under section 24711 of title 49, United States what sources of non-Federal funding the bid- ‘‘(4) the winning bidder shall provide pref- Code, or any other route, previously oper- der would use, including any State subsidy, erence in hiring to qualified Amtrak employ- ated by Amtrak do not receive financial in- among other things; ees displaced by the award of the bid, con- centives under subsection (a), then the Sec- ‘‘(4) the Administration would make a de- sistent with the staffing plan submitted by retary shall make grants to the National cision and execute a contract within a speci- the bidder. Railroad Passenger Corporation from funds fied, limited time after that deadline award- ‘‘(d) CESSATION OF SERVICE.—If a rail car- authorized by section 102 of this Act for ter- ing to the winning bidder— rier or rail carriers awarded a route under mination-related payments to employees ‘‘(A) the right and obligation to provide this section cease to operate the service or under existing contractual agreements. passenger rail service over that route subject fail to fulfill their obligations under the con- SEC. 213. NORTHEAST CORRIDOR STATE-OF- to such performance standards as the Admin- tract required under subsection (c), the Ad- GOOD-REPAIR PLAN. istration may require, consistent with the ministrator, in collaboration with the Sur- (a) IN GENERAL.—Within 6 months after the standards developed under section 208 of this face Transportation Board shall take any date of enactment of this Act, the National Act; and necessary action consistent with this title to Railroad Passenger Corporation, in consulta- ‘‘(B) an operating subsidy— enforce the contract and ensure the contin- tion with the Secretary and the States (in- ‘‘(i) for the first year at a level not in ex- ued provision of service, including the including the District of Columbia) that make cess of the level in effect during the fiscal stallment of an interim service provider and up the Northeast Corridor (as defined in sec- year preceding the fiscal year in which the tion 24102 of title 49, United States Code), re-bidding the contract to operate the serv- petition was received, adjusted for inflation; shall prepare a capital spending plan for cap- ice. The entity providing service shall either ‘‘(ii) for any subsequent years at such ital projects required to return the North- be Amtrak or a rail carrier defined in section level, adjusted for inflation; and east Corridor to a state of good repair by the 24711(a)(1). ‘‘(5) each bid would contain a staffing plan end of fiscal year 2012, consistent with the ‘‘(e) ADEQUATE RESOURCES.—Before taking describing the number of employees needed funding levels authorized in this Act and any action allowed under this section, the to operate the service, the job assignments shall submit the plan to the Secretary. Secretary shall certify that the Adminis- and requirements, and the terms of work for (b) APPROVAL BY THE SECRETARY.— trator has sufficient resources that are ade- prospective and current employees of the (1) The Corporation shall submit the cap- quate to undertake the program established bidder for the service outlined in the bid, and ital spending plan prepared under this sec- under this section.’’. such staffing plan would be made available tion to the Secretary of Transportation for (b) CONFORMING AMENDMENT.—The chapter by the winning bidder to the public after the review and approval pursuant to the proce- analysis for chapter 247, as amended by sec- bid award. dures developed under section 205 of this Act. tion 209, is amended by inserting after the ‘‘(b) IMPLEMENTATION.— (2) The Secretary of Transportation shall item relating to section 24710 the following: ‘‘(1) INITIAL PETITIONS.—Pursuant to any require that the plan be updated at least an- rules or regulations promulgated under sub- ‘‘24711. Alternate passenger rail service pro- nually and shall review and approve such up- section (A), the Administration shall estab- gram’’. dates. During review, the Secretary shall lish a deadline for the submission of a peti- SEC. 212. EMPLOYEE TRANSITION ASSISTANCE. seek comments and review from the commis- tion under subsection (a)— (a) PROVISION OF FINANCIAL INCENTIVES.— sion established under section 24905 of title ‘‘(A) during fiscal year 2008 for operations For Amtrak employees who are adversely af- 49, United States Code, and other Northeast commencing in fiscal year 2009; and fected by the cessation of the operation of a Corridor users regarding the plan.

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(3) The Secretary shall make grants to the ices necessary for the Commission to carry ‘‘(e) NORTHEAST CORRIDOR SAFETY AND SE- Corporation with funds authorized by section out its responsibilities under this section. CURITY COMMITTEE.— 101(b) for Northeast Corridor capital invest- ‘‘(10) The commission shall consult with ‘‘(1) IN GENERAL.—The Secretary shall es- ments contained within the capital spending other entities as appropriate. tablish a Northeast Corridor Safety and Se- plan prepared by the Corporation and ap- ‘‘(b) GENERAL RECOMMENDATIONS.—The curity Committee composed of members approved by the Secretary. Commission shall develop recommendations pointed by the Secretary. The members shall (4) Using the funds authorized by section concerning Northeast Corridor rail infra- be representatives of— 101(d), the Secretary shall review Amtrak’s structure and operations including proposals ‘‘(A) the Secretary; capital expenditures funded by this section addressing, as appropriate— ‘‘(B) Amtrak; to ensure that such expenditures are con- ‘‘(1) short-term and long term capital in- ‘‘(C) freight carriers operating more than sistent with the capital spending plan and vestment needs beyond the state-of-good-re- 150,000 train miles a year on the main line of that Amtrak is providing adequate project pair under section 213; the Northeast Corridor; management oversight and fiscal controls. ‘‘(2) future funding requirements for cap- ‘‘(D) commuter agencies; (c) ELIGIBILITY OF EXPENDITURES.—The ital improvements and maintenance; ‘‘(E) rail passengers; Federal share of expenditures for capital im- ‘‘(3) operational improvements of intercity ‘‘(F) rail labor; provements under this section may not ex- passenger rail, commuter rail, and freight ‘‘(G) the Transportation Security Adminis- ceed 100 percent. rail services; tration; and SEC. 214. NORTHEAST CORRIDOR INFRASTRUC- ‘‘(4) opportunities for additional non-rail ‘‘(H) other individuals and organizations TURE AND OPERATIONS IMPROVE- uses of the Northeast Corridor; the Secretary decides have a significant in- MENTS. ‘‘(5) scheduling and dispatching; terest in rail safety or security. (a) IN GENERAL.—Section 24905 is amended ‘‘(6) safety and security enhancements; ‘‘(2) FUNCTION; MEETINGS.—The Secretary to read as follows: ‘‘(7) equipment design; shall consult with the Committee about safe- ‘‘§ 24905. Northeast Corridor Infrastructure ‘‘(8) marketing of rail services; and ty and security improvements on the North- and Operations Advisory Commission; Safe- ‘‘(9) future capacity requirements. east Corridor main line. The Committee ty and Security Committee. ‘‘(c) ACCESS COSTS.— shall meet at least once every 2 years to con- ‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE ‘‘(1) DEVELOPMENT OF FORMULA.—Within 1 sider safety matters on the main line. AND OPERATIONS ADVISORY COMMISSION.— year after verification of Amtrak’s new fi- ‘‘(3) REPORT.—At the beginning of the first ‘‘(1) Within 180 days after the date of en- nancial accounting system pursuant to sec- session of each Congress, the Secretary shall actment of the Passenger Rail Investment tion 203(b) of the Passenger Rail Investment submit a report to the Commission and to and Improvement Act of 2007, the Secretary and Improvement Act of 2007, the Commis- Congress on the status of efforts to improve of Transportation shall establish a Northeast sion shall— safety and security on the Northeast Cor- Corridor Infrastructure and Operations Advi- ‘‘(A) develop a standardized formula for de- ridor main line. The report shall include the sory Commission (hereinafter referred to in termining and allocating costs, revenues, safety recommendations of the Committee this section as the ‘Commission’) to promote and compensation for Northeast Corridor and the comments of the Secretary on those mutual cooperation and planning pertaining commuter rail passenger transportation, as recommendations.’’. to the rail operations and related activities defined in section 24102 of this title, that use (b) CONFORMING AMENDMENTS.—Section of the Northeast Corridor. The Commission National Railroad Passenger Corporation fa- 24904(c)(2) is amended by— shall be made up of— cilities or services or that provide such fa- (1) inserting ‘‘commuter rail passenger’’ ‘‘(A) members representing the National cilities or services to the National Railroad after ‘‘between’’; and Railroad Passenger Corporation; Passenger Corporation that ensure that— (2) striking ‘‘freight’’ in the second sen- ‘‘(B) members representing the Secretary ‘‘(i) there is no cross-subsidization of com- tence. of Transportation and the Federal Railroad muter rail passenger, intercity rail pas- (c) RIDOT ACCESS AGREEMENT.— Administration; senger, or freight rail transportation; and (1) IN GENERAL.—Not later than December ‘‘(C) 1 member from each of the States (in- ‘‘(ii) each service is assigned the costs in- 15, 2007, Amtrak and the Rhode Island De- cluding the District of Columbia) that con- curred only for the benefit of that service, partment of Transportation shall enter into stitute the Northeast Corridor as defined in and a proportionate share, based upon fac- an agreement governing access fees and section 24102, designated by, and serving at tors that reasonably reflect relative use, of other costs or charges related to the oper- the pleasure of, the chief executive officer costs incurred for the common benefit of ation of the South County commuter rail thereof; and more than 1 service; service on the Northeast Corridor between ‘‘(D) non-voting representatives of freight ‘‘(B) develop a proposed timetable for im- Providence and Wickford Junction, Rhode Is- railroad carriers using the Northeast Cor- plementing the formula before the end of the land. ridor selected by the Secretary. 6th year following the date of enactment of (2) FAILURE TO REACH AGREEMENT.—If Am- ‘‘(2) The Secretary shall ensure that the that Act; trak and the Rhode Island Department of membership belonging to any of the groups ‘‘(C) transmit the proposed timetable to Transportation fail to reach the agreement enumerated under subparagraph (1) shall not the Surface Transportation Board; and specified under paragraph (1), the Adminis- constitute a majority of the commission’s ‘‘(D) at the request of a Commission mem- trator of the Federal Railroad Administra- memberships. ber, petition the Surface Transportation tion shall, after consultation with both par- ‘‘(3) The commission shall establish a Board to appoint a mediator to assist the ties, resolve any outstanding disagreements schedule and location for convening meet- Commission members through non-binding between the parties, including setting access ings, but shall meet no less than four times mediation to reach an agreement under this fees and other costs or charges related to the per fiscal year, and the commission shall de- section. operation of the South County commuter velop rules and procedures to govern the ‘‘(2) IMPLEMENTATION.—The National Rail- rail service that do not allow for the cross- commission’s proceedings. road Passenger Corporation and the com- subsidization of intercity rail passenger and ‘‘(4) A vacancy in the Commission shall be muter authorities providing commuter rail commuter rail passenger service, not later filled in the manner in which the original ap- passenger transportation on the Northeast than January 30, 2008. pointment was made. Corridor shall implement new agreements (3) INTERIM AGREEMENT.—Any agreement ‘‘(5) Members shall serve without pay but for usage of facilities or services based on between Amtrak and the Rhode Island De- shall receive travel expenses, including per the formula proposed in paragraph (1) in ac- partment of Transportation relating to ac- diem in lieu of subsistence, in accordance cordance with the timetable established cess costs made under this subsection shall with sections 5702 and 5703 of title 5, United therein. If the entities fail to implement be superseded by any access cost formula de- States Code. such new agreements in accordance with the veloped by the Northeast Corridor Infra- ‘‘(6) The Chairman of the Commission shall timetable, the Commission shall petition the structure and Operations Advisory Commis- be elected by the members. Surface Transportation Board to determine sion under section 24905(c)(1) of title 49, ‘‘(7) The Commission may appoint and fix the appropriate compensation amounts for United States Code, as amended by section the pay of such personnel as it considers ap- such services in accordance with section 214(a) of this Act. propriate. 24904(c) of this title. The Surface Transpor- SEC. 215. RESTRUCTURING LONG-TERM DEBT ‘‘(8) Upon request of the Commission, the tation Board shall enforce its determination AND CAPITAL LEASES. head of any department or agency of the on the party or parties involved. (a) IN GENERAL.—The Secretary of the United States may detail, on a reimbursable ‘‘(d) TRANSMISSION OF RECOMMENDATIONS.— Treasury, in consultation with the Secretary basis, any of the personnel of that depart- The commission shall annually transmit the of Transportation and Amtrak, may make ment or agency to the Commission to assist recommendations developed under sub- agreements to restructure Amtrak’s indebt- it in carrying out its duties under this sec- section (b) and the formula and timetable de- edness as of the date of enactment of this tion. veloped under subsection (c)(1) to the Senate Act. This authorization expires on October 1, ‘‘(9) Upon the request of the Commission, Committee on Commerce, Science, and 2008. the Administrator of General Services shall Transportation and the House of Representa- (b) DEBT RESTRUCTURING.—The Secretary provide to the Commission, on a reimburs- tives Committee on Transportation and In- of Treasury, in consultation with the Sec- able basis, the administrative support serv- frastructure. retary of the Transportation and Amtrak,

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.068 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S586 CONGRESSIONAL RECORD — SENATE January 16, 2007 shall enter into negotiations with the hold- essary to make all existing stations it serves SEC. 221. ON-BOARD SERVICE IMPROVEMENTS. ers of Amtrak debt, including leases, out- readily accessible to and usable by individ- (a) IN GENERAL.—Within 1 year after standing on the date of enactment of this uals with disabilities, as required by section metrics and standards are established under Act for the purpose of restructuring (includ- 242(e)(2) of the Americans with Disabilities section 208 of this Act, Amtrak shall develop ing repayment) and repaying that debt. The Act of 1990 (42 U.S.C. 12162(e)(2)). The evalua- and implement a plan to improve on-board Secretary of the Treasury may secure agree- tion shall include the estimated cost of the service pursuant to the metrics and stand- ments for restructuring or repayment on improvements necessary, the identification ards for such service developed under that such terms as the Secretary of the Treasury of the responsible person (as defined in sec- section. deems favorable to the interests of the Gov- tion 241(5) of that Act (42 U.S.C. 12161(5))), (b) REPORT.—Amtrak shall provide a report ernment. and the earliest practicable date when such to the Senate Committee on Commerce, (c) CRITERIA.—In restructuring Amtrak’s improvements can be made. Amtrak shall Science, and Transportation and the House indebtedness, the Secretary and Amtrak— submit the evaluation to the Senate Com- of Representatives Committee on Transpor- (1) shall take into consideration repayment mittee on Commerce, Science, and Transpor- tation and Infrastructure on the on-board costs, the term of any loan or loans, and tation, the House of Representatives Com- service improvements proscribed in the plan market conditions; and mittee on Transportation and Infrastruc- and the timeline for implementing such im- (2) shall ensure that the restructuring re- ture, and the National Council on Disability provements. sults in significant savings to Amtrak and by September 30, 2008, along with rec- SEC. 222. AMTRAK MANAGEMENT ACCOUNT- the United States Government. ommendations for funding the necessary im- ABILITY. (d) PAYMENT OF RENEGOTIATED DEBT.—If provements. (a) IN GENERAL.—Chapter 243 is amended the criteria under subsection (c) are met, the SEC. 217. INCENTIVE PAY. by inserting after section 24309 the following: Secretary of Treasury may assume or repay The Amtrak Board of Directors is encour- ‘‘§ 24310. Management accountability the restructured debt, as appropriate. aged to develop an incentive pay program for (e) AMTRAK PRINCIPAL AND INTEREST PAY- ‘‘(a) IN GENERAL.—Three years after the Amtrak management employees. MENTS.— date of enactment of the Passenger Rail In- SEC. 218. ACCESS TO AMTRAK EQUIPMENT AND (1) PRINCIPAL ON DEBT SERVICE.—Unless the vestment and Improvement Act of 2007, and SERVICES. Secretary of Treasury makes sufficient pay- If a State desires to select or selects an en- two years thereafter, the Inspector General ments to creditors under subsection (d) so tity other than Amtrak to provide services of the Department of Transportation shall that Amtrak is required to make no pay- required for the operation of an intercity complete an overall assessment of the ments to creditors in a fiscal year, the Sec- passenger train route described in section progress made by Amtrak management and retary of Transportation shall use funds au- 24102(5)(D) or 24702 of title 49, United States the Department of Transportation in imple- thorized by section 103(a)(1) for the use of Code, the State may make an agreement menting the provisions of that Act. Amtrak for retirement of principal on loans with Amtrak to use facilities and equipment ‘‘(b) ASSESSMENT.—The management as- for capital equipment, or capital leases. of, or have services provided by, Amtrak sessment undertaken by the Inspector Gen- (2) INTEREST ON DEBT.—Unless the Sec- under terms agreed to by the State and Am- eral may include a review of— retary of Treasury makes sufficient pay- trak to enable the State to utilize an entity ‘‘(1) effectiveness improving annual finan- ments to creditors under subsection (d) so other than Amtrak to provide services re- cial planning; that Amtrak is required to make no pay- quired for operation of the route. If the par- ‘‘(2) effectiveness in implementing im- ments to creditors in a fiscal year, the Sec- ties cannot agree upon terms, and the Sur- proved financial accounting; retary of Transportation shall use funds au- face Transportation Board finds that access ‘‘(3) efforts to implement minimum train thorized by section 103(a)(2) for the use of to Amtrak’s facilities or equipment, or the performance standards; Amtrak for the payment of interest on loans provision of services by Amtrak, is necessary ‘‘(4) progress maximizing revenues and for capital equipment, or capital leases. to carry out this provision and that the oper- minimizing Federal subsidies; and (3) REDUCTIONS IN AUTHORIZATION LEVELS.— ation of Amtrak’s other services will not be ‘‘(5) any other aspect of Amtrak operations Whenever action taken by the Secretary of impaired thereby, the Surface Transpor- the Inspector General finds appropriate to the Treasury under subsection (a) results in tation Board shall, within 120 days after sub- review.’’. reductions in amounts of principal or inter- mission of the dispute, issue an order that (b) CONFORMING AMENDMENT.—The chapter est that Amtrak must service on existing the facilities and equipment be made avail- analysis for chapter 243 is amended by indebt, the corresponding amounts authorized able, and that services be provided, by Am- serting after the item relating to section by section 103(a)(1) or (2) shall be reduced ac- trak, and shall determine reasonable com- 24309 the following: cordingly. pensation, liability and other terms for use ‘‘24310. Management accountability’’. (f) LEGAL EFFECT OF PAYMENTS UNDER THIS of the facilities and equipment and provision TITLE III—INTERCITY PASSENGER RAIL SECTION.—The payment of principal and in- of the services. Compensation shall be deter- POLICY terest on secured debt, other than debt as- mined in accord with the methodology estab- SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY sumed under subsection (d), with the pro- lished pursuant to section 206 of this Act. ceeds of grants under subsection (e) shall PASSENGER RAIL SERVICE; STATE SEC. 219. GENERAL AMTRAK PROVISIONS. not— RAIL PLANS. (a) REPEAL OF SELF-SUFFICIENCY REQUIRE- (1) modify the extent or nature of any in- (a) IN GENERAL.—Part C of subtitle V is MENTS. debtedness of the National Railroad Pas- amended by inserting the following after (1) TITLE 49 AMENDMENTS.—Chapter 241 is senger Corporation to the United States in chapter 243: amended— existence of the date of enactment of this ‘‘CHAPTER 244. INTERCITY PASSENGER (A) by striking the last sentence of section Act; RAIL SERVICE CORRIDOR CAPITAL AS- 24101(d); and (2) change the private nature of Amtrak’s SISTANCE (B) by striking the last sentence of section or its successors’ liabilities; or 24104(a). ‘‘Sec. (3) imply any Federal guarantee or com- ‘‘24401. Definitions. (2) AMTRAK REFORM AND ACCOUNTABILITY mitment to amortize Amtrak’s outstanding ‘‘24402. Capital investment grants to support ACT AMENDMENTS.—Title II of the Amtrak indebtedness. intercity passenger rail service. Reform and Accountability Act of 1997 (49 (g) SECRETARY APPROVAL.—Amtrak may ‘‘24403. Project management oversight U.S.C. 24101 nt) is amended by striking sec- not incur more debt after the date of enact- ‘‘24404. Use of capital grants to finance first- tions 204 and 205. ment of this Act without the express ad- dollar liability of grant project. (b) LEASE ARRANGEMENTS.—Amtrak may vance approval of the Secretary of Transpor- ‘‘24405. Grant conditions. obtain services from the Administrator of tation. ‘‘§ 24401. Definitions (h) REPORT.—The Secretary of the Treas- General Services, and the Administrator ury shall transmit a report to the Senate may provide services to Amtrak, under sec- ‘‘In this subchapter: Committee on Commerce, Science, and tion 201(b) and 211(b) of the Federal Property ‘‘(1) APPLICANT.—The term ‘applicant’ Transportation, the Senate Committee on and Administrative Service Act of 1949 (40 means a State (including the District of Co- Appropriations, the House of Representa- U.S.C. 481(b) and 491(b)) for each of fiscal lumbia), a group of States, an Interstate tives Committee on Transportation and In- years 2007 through 2012. Compact, or a public agency established by frastructure, and the House of Representa- SEC. 220. PRIVATE SECTOR FUNDING OF PAS- one or more States and having responsibility tives Committee on Appropriations by No- SENGER TRAINS. for providing intercity passenger rail serv- vember 1, 2008— Amtrak is encouraged to increase its oper- ice. (1) describing in detail any agreements to ation of trains funded by the private sector ‘‘(2) CAPITAL PROJECT.—The term ‘capital restructure the Amtrak debt; and in order to minimize its need for Federal project’ means a project or program in a (2) providing an estimate of the savings to subsidies. Amtrak shall utilize the provi- State rail plan developed under chapter 225 Amtrak and the United States Government. sions of section 24308 of title 49, United of this title for— SEC. 216. STUDY OF COMPLIANCE REQUIRE- States Code, when necessary to obtain access ‘‘(A) acquiring, constructing, improving, or MENTS AT EXISTING INTERCITY to facilities, train and engine crews, or serv- inspecting equipment, track and track struc- RAIL STATIONS. ices of a rail carrier or regional transpor- tures, or a facility for use in or for the pri- Amtrak, in consultation with station own- tation authority that are required to operate mary benefit of intercity passenger rail serv- ers, shall evaluate the improvements nec- such trains. ice, expenses incidental to the acquisition or

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.069 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S587 construction (including designing, engineer- nancial assistance to be provided under sub- ment as well as the evaluations and ratings ing, location surveying, mapping, environ- section (a), shall— for the project. mental studies, and acquiring rights-of-way), ‘‘(1) require that each proposed project ‘‘(C) An obligation or administrative com- payments for the capital portions of rail meet all safety and security requirements mitment may be made only when amounts trackage rights agreements, highway-rail that are applicable to the project under law; are appropriated. grade crossing improvements related to ‘‘(2) give preference to projects with high ‘‘(2)(A) The Secretary may make a full intercity passenger rail service, security, levels of estimated ridership, increased on- funding grant agreement with an applicant. mitigating environmental impacts, commu- time performance, reduced trip time, addi- The agreement shall— nication and signalization improvements, re- tional service frequency to meet anticipated ‘‘(i) establish the terms of participation by location assistance, acquiring replacement or existing demand, or other significant serv- the United States Government in a project housing sites, and acquiring, constructing, ice enhancements as measured against min- under this section; relocating, and rehabilitating replacement imum standards developed under section 208 ‘‘(ii) establish the maximum amount of housing; of the Passenger Rail Investment and Im- Government financial assistance for the ‘‘(B) rehabilitating, remanufacturing or provement Act of 2007; project; overhauling rail rolling stock and facilities ‘‘(3) encourage intermodal connectivity ‘‘(iii) cover the period of time for com- used primarily in intercity passenger rail through projects that provide direct connec- pleting the project, including a period ex- service; tions between train stations, airports, bus tending beyond the period of an authoriza- ‘‘(C) costs associated with developing State terminals, subway stations, ferry ports, and tion; and rail plans; and other modes of transportation; ‘‘(iv) make timely and efficient manage- ‘‘(D) the first-dollar liability costs for in- ‘‘(4) ensure that each project is compatible ment of the project easier according to the surance related to the provision of intercity with, and is operated in conformance with— law of the United States. passenger rail service under section 24404. ‘‘(A) plans developed pursuant to the re- ‘‘(B) An agreement under this paragraph ‘‘(3) INTERCITY PASSENGER RAIL SERVICE.— quirements of section 135 of title 23, United obligates an amount of available budget au- The term ‘intercity passenger rail service’ States Code; and thority specified in law and may include a means transportation services with the pri- ‘‘(B) the national rail plan (if it is avail- commitment, contingent on amounts to be mary purpose of passenger transportation able); and specified in law in advance for commitments between towns, cities and metropolitan areas ‘‘(5) favor the following kinds of projects: under this paragraph, to obligate an addi- by rail, including high-speed rail, as defined ‘‘(A) Projects that are expected to have a tional amount from future available budget in section 24102 of title 49, United States significant favorable impact on air or high- authority specified in law. The agreement Code. way traffic congestion, capacity, or safety. shall state that the contingent commitment ‘‘§ 24402. Capital investment grants to sup- ‘‘(B) Projects that also improve freight or is not an obligation of the Government and port intercity passenger rail service. commuter rail operations. is subject to the availability of appropria- ‘‘(C) Projects that have significant envi- ‘‘(a) GENERAL AUTHORITY.— tions made by Federal law and to Federal ‘‘(1) The Secretary of Transportation may ronmental benefits. laws in force on or enacted after the date of make grants under this section to an appli- ‘‘(D) Projects that are— the contingent commitment. Interest and cant to assist in financing the capital costs ‘‘(i) at a stage of preparation that all pre- other financing costs of efficiently carrying of facilities and equipment necessary to pro- commencement compliance with environ- out a part of the project within a reasonable vide or improve intercity passenger rail mental protection requirements has already time are a cost of carrying out the project transportation. been completed; and under a full funding grant agreement, except ‘‘(2) The Secretary shall require that a ‘‘(ii) ready to be commenced. that eligible costs may not be more than the grant under this section be subject to the ‘‘(E) Projects with positive economic and cost of the most favorable financing terms terms, conditions, requirements, and provi- employment impacts. reasonably available for the project at the sions the Secretary decides are necessary or ‘‘(F) Projects that encourage the use of time of borrowing. The applicant shall cer- appropriate for the purposes of this section, positive train control technologies. tify, in a way satisfactory to the Secretary, including requirements for the disposition of ‘‘(G) Projects that have commitments of that the applicant has shown reasonable dili- net increases in value of real property result- funding from non-Federal Government gence in seeking the most favorable financing from the project assisted under this sec- sources in a total amount that exceeds the ing terms. tion and shall prescribe procedures and minimum amount of the non-Federal con- ‘‘(3)(A) The Secretary may make an early schedules for the awarding of grants under tribution required for the project. systems work agreement with an applicant if this title, including application and quali- ‘‘(H) Projects that involve donated prop- a record of decision under the National Envi- fication procedures and a record of decision erty interests or services. ronmental Policy Act of 1969 (42 U.S.C. 4321 on applicant eligibility. The Secretary shall ‘‘(I) Projects that are identified by the Sur- et seq.) has been issued on the project and issue a final rule establishing such proce- face Transportation Board as necessary to the Secretary finds there is reason to be- dures not later than 90 days after the date of improve the on time performance and reli- lieve— enactment of the Passenger Rail Investment ability of intercity passenger rail under sec- ‘‘(i) a full funding grant agreement for the and Improvement Act of 2007. tion 24308(f). project will be made; and ‘‘(b) PROJECT AS PART OF STATE RAIL ‘‘(d) AMTRAK ELIGIBILITY.—To receive a ‘‘(ii) the terms of the work agreement will PLAN.— grant under this section, the National Rail- promote ultimate completion of the project ‘‘(1) The Secretary may not approve a road Passenger Corporation may enter into a more rapidly and at less cost. grant for a project under this section unless cooperative agreement with 1 or more States ‘‘(B) A work agreement under this para- the Secretary finds that the project is part to carry out 1 or more projects on a State graph obligates an amount of available budg- of a State rail plan developed under chapter rail plan’s ranked list of rail capital projects et authority specified in law and shall pro- 225 of this title, or under the plan required developed under section 22504(a)(5) of this vide for reimbursement of preliminary costs by section 203 of the Passenger Rail Invest- title. of carrying out the project, including land ment and Improvement Act of 2007, and that ‘‘(e) LETTERS OF INTENT, FULL FUNDING acquisition, timely procurement of system the applicant or recipient has or will have GRANT AGREEMENTS, AND EARLY SYSTEMS elements for which specifications are de- the legal, financial, and technical capacity WORK AGREEMENTS.— cided, and other activities the Secretary de- to carry out the project, satisfactory con- ‘‘(1)(A) The Secretary may issue a letter of cides are appropriate to make efficient, long- tinuing control over the use of the equip- intent to an applicant announcing an inten- term project management easier. A work ment or facilities, and the capability and tion to obligate, for a major capital project agreement shall cover the period of time the willingness to maintain the equipment or fa- under this section, an amount from future Secretary considers appropriate. The period cilities. available budget authority specified in law may extend beyond the period of current au- ‘‘(2) An applicant shall provide sufficient that is not more than the amount stipulated thorization. Interest and other financing information upon which the Secretary can as the financial participation of the Sec- costs of efficiently carrying out the work make the findings required by this sub- retary in the project. agreement within a reasonable time are a section. ‘‘(B) At least 30 days before issuing a letter cost of carrying out the agreement, except ‘‘(3) If an applicant has not selected the under subparagraph (A) of this paragraph or that eligible costs may not be more than the proposed operator of its service competi- entering into a full funding grant agreement, cost of the most favorable financing terms tively, the applicant shall provide written the Secretary shall notify in writing the reasonably available for the project at the justification to the Secretary showing why Committee on Transportation and Infra- time of borrowing. The applicant shall cer- the proposed operator is the best, taking structure of the House of Representatives tify, in a way satisfactory to the Secretary, into account price and other factors, and and the Committee on Commerce, Science, that the applicant has shown reasonable dili- that use of the proposed operator will not and Transportation of the Senate and the gence in seeking the most favorable financ- unnecessarily increase the cost of the House and Senate Committees on Appropria- ing terms. If an applicant does not carry out project. tions of the proposed letter or agreement. the project for reasons within the control of ‘‘(c) PROJECT SELECTION CRITERIA.—The The Secretary shall include with the notifi- the applicant, the applicant shall repay all Secretary, in selecting the recipients of fication a copy of the proposed letter or agree- Government payments made under the work

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.069 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S588 CONGRESSIONAL RECORD — SENATE January 16, 2007 agreement plus reasonable interest and pen- ‘‘(3) The Secretary shall consider changes property acquisition, utility relocation, sys- alty charges the Secretary establishes in the in capital project cost indices when deter- tems demonstration staff, audits, and mis- agreement. mining the estimated cost under paragraph cellaneous payments the recipient may be ‘‘(4) The total estimated amount of future (2) of this subsection. prepared to justify; obligations of the Government and contin- ‘‘(h) 2-YEAR AVAILABILITY.—Funds appro- ‘‘(3) a construction schedule for the gent commitments to incur obligations cov- priated under this section shall remain project; ered by all outstanding letters of intent, full available until expended. If any amount pro- ‘‘(4) a document control procedure and rec- funding grant agreements, and early systems vided as a grant under this section is not ob- ordkeeping system; work agreements may be not more than the ligated or expended for the purposes de- ‘‘(5) a change order procedure that includes amount authorized under section 101(c) of scribed in subsection (a) within 2 years after a documented, systematic approach to han- Passenger Rail Investment and Improvement the date on which the State received the dling the construction change orders; Act of 2007, less an amount the Secretary grant, such sums shall be returned to the ‘‘(6) organizational structures, manage- reasonably estimates is necessary for grants Secretary for other intercity passenger rail ment skills, and staffing levels required under this section not covered by a letter. development projects under this section at throughout the construction phase; The total amount covered by new letters and the discretion of the Secretary. ‘‘(7) quality control and quality assurance contingent commitments included in full ‘‘(i) PUBLIC-PRIVATE PARTNERSHIPS.— functions, procedures, and responsibilities funding grant agreements and early systems ‘‘(1) IN GENERAL.—A metropolitan planning for construction, system installation, and in- work agreements may be not more than a organization, State transportation depart- tegration of system components; limitation specified in law. ment, or other project sponsor may enter ‘‘(8) material testing policies and proce- ‘‘(f) FEDERAL SHARE OF NET PROJECT into an agreement with any public, private, dures; COST.— or nonprofit entity to cooperatively imple- ‘‘(9) internal plan implementation and re- ‘‘(1)(A) Based on engineering studies, stud- ment any project funded with a grant under porting requirements; ies of economic feasibility, and information this title. ‘‘(10) criteria and procedures to be used for on the expected use of equipment or facili- ‘‘(2) FORMS OF PARTICIPATION.—Participa- testing the operational system or its major ties, the Secretary shall estimate the net tion by an entity under paragraph (1) may components; project cost. consist of— ‘‘(11) periodic updates of the plan, espe- ‘‘(B) A grant for the project shall not ex- ‘‘(A) ownership or operation of any land, cially related to project budget and project ceed 80 percent of the project net capital facility, locomotive, rail car, vehicle, or schedule, financing, and ridership estimates; cost. other physical asset associated with the and ‘‘(C) The Secretary shall give priority in project; ‘‘(12) the recipient’s commitment to sub- allocating future obligations and contingent ‘‘(B) cost-sharing of any project expense; mit a project budget and project schedule to commitments to incur obligations to grant ‘‘(C) carrying out administration, con- the Secretary each month. requests seeking a lower Federal share of the struction management, project management, ‘‘(b) SECRETARIAL OVERSIGHT.— project net capital cost. project operation, or any other management ‘‘(1) The Secretary may use no more than ‘‘(2) Up to an additional 20 percent of the or operational duty associated with the 0.5 percent of amounts made available in a required non-Federal funds may be funded project; and fiscal year for capital projects under this from amounts appropriated to or made avail- ‘‘(D) any other form of participation ap- subchapter to enter into contracts to oversee able to a department or agency of the Fed- proved by the Secretary. the construction of such projects. eral Government that are eligible to be ex- ‘‘(3) SUB-ALLOCATION.—A State may allo- ‘‘(2) The Secretary may use amounts avail- pended for transportation. cate funds under this section to any entity able under paragraph (1) of this subsection to ‘‘(3) 50 percent of the average amounts ex- described in paragraph (1). make contracts for safety, procurement, pended by a State or group of States (includ- ‘‘(j) SPECIAL TRANSPORTATION CIR- management, and financial compliance re- ing the District of Columbia) for capital CUMSTANCES.—In carrying out this section, views and audits of a recipient of amounts projects to benefit intercity passenger rail the Secretary shall allocate an appropriate under paragraph (1). service in fiscal years 2004, 2005, and 2006 portion of the amounts available under this ‘‘(3) The Federal Government shall pay the shall be credited towards the matching re- section to provide grants to States— entire cost of carrying out a contract under quirements for grants awarded under this ‘‘(1) in which there is no intercity pas- this subsection. section. The Secretary may require such in- senger rail service for the purpose of funding ‘‘(c) ACCESS TO SITES AND RECORDS.—Each formation as necessary to verify such ex- freight rail capital projects that are on a recipient of assistance under this subchapter penditures. State rail plan developed under chapter 225 shall provide the Secretary and a contractor ‘‘(4) 50 percent of the average amounts ex- of this title that provide public benefits (as the Secretary chooses under subsection (c) of pended by a State or group of States (includ- defined in chapter 225) as determined by the this section with access to the construction ing the District of Columbia) in a fiscal year Secretary; or sites and records of the recipient when rea- beginning in 2007 for capital projects to ben- ‘‘(2) in which the rail transportation sys- sonably necessary. efit intercity passenger rail service or for the tem is not physically connected to rail sys- operating costs of such service above the av- ‘‘§ 24404. Use of capital grants to finance first- tems in the continental United States or erage of expenditures made for such service dollar liability of grant project may not otherwise qualify for a grant under in fiscal years 2004, 2005, and 2006 shall be ‘‘Notwithstanding the requirements of sec- this section due to the unique characteris- credited towards the matching requirements tion 24402 of this subchapter, the Secretary tics of the geography of that State or other for grants awarded under this section. The of Transportation may approve the use of relevant considerations, for the purpose of Secretary may require such information as capital assistance under this subchapter to funding transportation-related capital necessary to verify such expenditures. fund self-insured retention of risk for the projects. ‘‘(g) UNDERTAKING PROJECTS IN ADVANCE.— first tier of liability insurance coverage for ‘‘(1) The Secretary may pay the Federal ‘‘(k) SMALL CAPITAL PROJECTS.—The Sec- rail passenger service associated with the share of the net capital project cost to an ap- retary shall make available $10,000,000 annu- capital assistance grant, but the coverage plicant that carries out any part of a project ally from the amounts authorized under sec- may not exceed $20,000,000 per occurrence or described in this section according to all ap- tion 101(c) of the Passenger Rail Investment $20,000,000 in aggregate per year. plicable procedures and requirements if— and Improvement Act of 2007 beginning in ‘‘§ 24405. Grant conditions fiscal year 2008 for grants for capital projects ‘‘(A) the applicant applies for the payment; ‘‘(a) DOMESTIC BUYING PREFERENCE.— eligible under this section not exceeding ‘‘(B) the Secretary approves the payment; ‘‘(1) REQUIREMENT.— $2,000,000, including costs eligible under sec- and ‘‘(A) IN GENERAL.—In carrying out a ‘‘(C) before carrying out the part of the tion 206(c) of that Act. The Secretary may project funded in whole or in part with a project, the Secretary approves the plans wave requirements of this section, including grant under this title, the grant recipient and specifications for the part in the same state rail plan requirements, as appropriate. shall purchase only— way as other projects under this section. ‘‘§ 24403. Project management oversight ‘‘(i) unmanufactured articles, material, ‘‘(2) The cost of carrying out part of a ‘‘(a) PROJECT MANAGEMENT PLAN REQUIRE- and supplies mined or produced in the United project includes the amount of interest MENTS.—To receive Federal financial assist- States; or earned and payable on bonds issued by the ance for a major capital project under this ‘‘(ii) manufactured articles, material, and applicant to the extent proceeds of the bonds subchapter, an applicant must prepare and supplies manufactured in the United States are expended in carrying out the part. How- carry out a project management plan ap- substantially from articles, material, and ever, the amount of interest under this para- proved by the Secretary of Transportation. supplies mined, produced, or manufactured graph may not be more than the most favor- The plan shall provide for— in the United States. able interest terms reasonably available for ‘‘(1) adequate recipient staff organization ‘‘(B) DE MINIMIS AMOUNT.—Subparagraph (1) the project at the time of borrowing. The ap- with well-defined reporting relationships, applies only to a purchase in an total plicant shall certify, in a manner satisfac- statements of functional responsibilities, job amount that is not less than $1,000,000. tory to the Secretary, that the applicant has descriptions, and job qualifications; ‘‘(2) EXEMPTIONS.—On application of a re- shown reasonable diligence in seeking the ‘‘(2) a budget covering the project manage- cipient, the Secretary may exempt a recipi- most favorable financial terms. ment organization, appropriate consultants, ent from the requirements of this subsection

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.069 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S589 if the Secretary decides that, for particular according to the employee’s seniority on the which the replacing entity replaces the pred- articles, material, or supplies— predecessor provider for each position with ecessor provider, the parties shall select an ‘‘(A) such requirements are inconsistent the replacing entity that is in the employ- arbitrator using the procedures set forth in with the public interest; ee’s craft or class and is available within 3 paragraph (2)(B), who shall, within 20 days ‘‘(B) the cost of imposing the requirements years after the termination of the service after the commencement of the arbitration, is unreasonable; or being replaced; conduct a hearing and decide all unresolved ‘‘(C) the articles, material, or supplies, or ‘‘(B) establishes a procedure for notifying issues. This decision shall be final, binding, the articles, material, or supplies from such an employee of such positions; and conclusive upon the parties. which they are manufactured, are not mined, ‘‘(C) establishes a procedure for such an ‘‘(e) INAPPLICABILITY TO CERTAIN RAIL OP- produced, or manufactured in the United employee to apply for such positions; and ERATIONS.— Nothing in this section applies States in sufficient and reasonably available ‘‘(D) establishes rates of pay, rules, and to— commercial quantities and are not of a satis- working conditions. ‘‘(1) commuter rail passenger transpor- factory quality. ‘‘(2) IMMEDIATE REPLACEMENT SERVICE.— tation (as defined in section 24102(4) of this ‘‘(3) UNITED STATES DEFINED.—In this sub- ‘‘(A) NEGOTIATIONS.—If the replacement of title) operations of a State or local govern- section, the term ‘the United States’ means preexisting intercity rail passenger service ment authority (as those terms are defined the States, territories, and possessions of the occurs concurrent with or within a reason- in section 5302(11) and (6), respectively, of United States and the District of Columbia. able time before the commencement of the this title) eligible to receive financial assist- ‘‘(b) OPERATORS DEEMED RAIL CARRIERS replacing entity’s rail passenger service, the ance under section 5307 of this title, or to its AND EMPLOYERS FOR CERTAIN PURPOSES.—A replacing entity shall give written notice of contractor performing services in connection person that conducts rail operations over its plan to replace existing rail passenger with commuter rail passenger operations (as rail infrastructure constructed or improved service to the authorized collective bar- so defined); with funding provided in whole or in part in gaining agent or agents for the potentially ‘‘(2) the Alaska Railroad or its contractors; a grant made under this title shall be consid- adversely affected employees of the prede- or ered a rail carrier as defined in section cessor provider at least 90 days before the ‘‘(3) the National Railroad Passenger Cor- 10102(5) of this title for purposes of this title date on which it plans to commence service. poration’s access rights to railroad rights of and any other statute that adopts the that Within 5 days after the date of receipt of way and facilities under current law.’’. definition or in which that definition ap- such written notice, negotiations between (b) CONFORMING AMENDMENTS.— plies, including— the replacing entity and the collective bar- (1) The table of chapters for the title is ‘‘(1) the Railroad Retirement Act of 1974 (45 gaining agent or agents for the employees of amended by inserting the following after the U.S.C. 231 et seq.); and the predecessor provider shall commence for item relating to chapter 243: ‘‘(2) the Railway Labor Act (43 U.S.C. 151 et the purpose of reaching agreement with re- ‘‘244. Intercity passenger rail service seq.). spect to all matters set forth in subpara- capital assistance...... 24401’’. ‘‘(c) GRANT CONDITIONS.—The Secretary graphs (A) through (D) of paragraph (1). The shall require as a condition of making any negotiations shall continue for 30 days or (2) The chapter analysis for subtitle V is grant under this title for a project that uses until an agreement is reached, whichever is amended by inserting the following after the rights-of-way owned by a railroad that— sooner. If at the end of 30 days the parties item relating to chapter 243: ‘‘(1) a written agreement exist between the have not entered into an agreement with re- ‘‘244. Intercity passenger rail service applicant and the railroad regarding such spect to all such matters, the unresolved capital assistance...... 24401’’. use and ownership, including— issues shall be submitted for arbitration in SEC. 302. STATE RAIL PLANS. ‘‘(A) any compensation for such use; accordance with the procedure set forth in (a) IN GENERAL.—Part B of subtitle V is ‘‘(B) assurances regarding the adequacy of subparagraph (B). amended by adding at the end the following: infrastructure capacity to accommodate ‘‘(B) ARBITRATION.—If an agreement has ‘‘CHAPTER 225. STATE RAIL PLANS AND both existing and future freight and pas- not been entered into with respect to all HIGH PRIORITY PROJECTS senger operations; and matters set forth in subparagraphs (A) ‘‘(C) an assurance by the railroad that col- through (D) of paragraph (1) as described in ‘‘Sec. lective bargaining agreements with the rail- subparagraph (A) of this paragraph, the par- ‘‘22501. Definitions road’s employees (including terms regulating ties shall select an arbitrator. If the parties ‘‘22502. Authority the contracting of work) will remain in full are unable to agree upon the selection of ‘‘22503. Purposes ‘‘22504. Transparency; coordination; review force and effect according to their terms for such arbitrator within 5 days, either or both ‘‘22505. Content work performed by the railroad on the rail- parties shall notify the National Mediation ‘‘22506. Review road transportation corridor; Board, which shall provide a list of seven ar- ‘‘(D) an assurance that an applicant com- bitrators with experience in arbitrating rail ‘‘§ 22501. Definitions plies with liability requirements consistent labor protection disputes. Within 5 days ‘‘In this subchapter: with section 28103 of this title; and after such notification, the parties shall al- ‘‘(1) PRIVATE BENEFIT.— ‘‘(2) the applicant agrees to comply with— ternately strike names from the list until ‘‘(A) IN GENERAL.—The term ‘private ben- ‘‘(A) the standards of section 24312 of this only 1 name remains, and that person shall efit’— title, as such section was in effect on Sep- serve as the neutral arbitrator. Within 45 ‘‘(i) means a benefit accrued to a person or tember 1, 2003, with respect to the project in days after selection of the arbitrator, the ar- private entity, other than the National Rail- the same manner that the National Railroad bitrator shall conduct a hearing on the dis- road Passenger Corporation, that directly Passenger Corporation is required to comply pute and shall render a decision with respect improves the economic and competitive con- with those standards for construction work to the unresolved issues among the matters dition of that person or entity through im- financed under an agreement made under set forth in subparagraphs (A) through (D) of proved assets, cost reductions, service im- section 24308(a) of this title; and paragraph (1). This decision shall be final, provements, or any other means as defined ‘‘(B) the protective arrangements estab- binding, and conclusive upon the parties. by the Secretary; and lished under section 504 of the Railroad Revi- The salary and expenses of the arbitrator ‘‘(ii) shall be determined on a project-by- talization and Regulatory Reform Act of 1976 shall be borne equally by the parties; all project basis, based upon an agreement be- (45 U.S.C. 836) with respect to employees af- other expenses shall be paid by the party in- tween the parties. fected by actions taken in connection with curring them. ‘‘(B) CONSULTATION.—The Secretary may the project to be financed in whole or in part ‘‘(3) SERVICE COMMENCEMENT.—A replacing seek the advice of the States and rail car- by grants under this subchapter. entity under this subsection shall commence riers in further defining this term. ‘‘(d) REPLACEMENT OF EXISTING INTERCITY service only after an agreement is entered ‘‘(2) PUBLIC BENEFIT.— PASSENGER RAIL SERVICE.— into with respect to the matters set forth in ‘‘(A) IN GENERAL.—The term ‘public ben- ‘‘(1) COLLECTIVE BARGAINING AGREEMENT subparagraphs (A) through (D) of paragraph efit’— FOR INTERCITY PASSENGER RAIL PROJECTS.— (1) or the decision of the arbitrator has been ‘‘(i) means a benefit accrued to the public Any entity providing intercity passenger rendered. in the form of enhanced mobility of people or railroad transportation that begins oper- ‘‘(4) SUBSEQUENT REPLACEMENT OF SERV- goods, environmental protection or enhance- ations after the date of enactment of this ICE.—If the replacement of existing rail pas- ment, congestion mitigation, enhanced trade Act on a project funded in whole or in part senger service takes place within 3 years and economic development, improved air by grants made under this title and replaces after the replacing entity commences inter- quality or land use, more efficient energy intercity rail passenger service that was pro- city passenger rail service, the replacing en- use, enhanced public safety or security, re- vided by Amtrak, unless such service was tity and the collective bargaining agent or duction of public expenditures due to im- provided solely by Amtrak to another entity, agents for the adversely affected employees proved transportation efficiency or infra- as of such date shall enter into an agreement of the predecessor provider shall enter into structure preservation, and any other posi- with the authorized bargaining agent or an agreement with respect to the matters set tive community effects as defined by the agents for adversely affected employees of forth in subparagraphs (A) through (D) of Secretary; and the predecessor provider that— paragraph (1). If the parties have not entered ‘‘(ii) shall be determined on a project-by- ‘‘(A) gives each such qualified employee of into an agreement with respect to all such project basis, based upon an agreement be- the predecessor provider priority in hiring matters within 60 days after the date on tween the parties.

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‘‘(B) CONSULTATION.—The Secretary may ‘‘(4) A general analysis of rail’s transpor- format and data requirements. State rail seek the advice of the States and rail car- tation, economic, and environmental im- plans completed before the date of enact- riers in further defining this term. pacts in the State, including congestion ment of the Passenger Rail Investment and ‘‘(3) STATE.—The term ‘State’ means any of mitigation, trade and economic develop- Improvement Act of 2007 that substantially the 50 States and the District of Columbia. ment, air quality, land-use, energy-use, and meet the requirements of this chapter, as de- ‘‘(4) STATE RAIL TRANSPORTATION AUTHOR- community impacts. termined by the Secretary, shall be deemed ITY.—The term ‘State rail transportation au- ‘‘(5) A long-range rail investment program by the Secretary to have met the require- thority’ means the State agency or official for current and future freight and passenger ments of this chapter’’. responsible under the direction of the Gov- infrastructure in the State that meets the (b) CONFORMING AMENDMENTS.— ernor of the State or a State law for prepara- requirements of subsection (b). (1) The table of chapters for the title is tion, maintenance, coordination, and admin- ‘‘(6) A statement of public financing issues amended by inserting the following after the istration of the State rail plan.’’. for rail projects and service in the State, in- item relating to chapter 223: ‘‘§ 22502. Authority cluding a list of current and prospective pub- ‘‘225. State rail plans ...... 22501’’. ‘‘(a) IN GENERAL.—Each State may prepare lic capital and operating funding resources, (2) The chapter analysis for subtitle V is and maintain a State rail plan in accordance public subsidies, State taxation, and other fi- amended by inserting the following after the with the provisions of this subchapter. nancial policies relating to rail infrastruc- item relating to chapter 223: ture development. ‘‘(b) REQUIREMENTS.—For the preparation ‘‘225. State rail plans ...... 24401’’. ‘‘(7) An identification of rail infrastructure and periodic revision of a State rail plan, a SEC. 303. NEXT GENERATION CORRIDOR TRAIN State shall— issues within the State that reflects con- EQUIPMENT POOL. sultation with all relevant stake holders. ‘‘(1) establish or designate a State rail (a) IN GENERAL.—Within 180 days after the transportation authority to prepare, main- ‘‘(8) A review of major passenger and date of enactment of this Act, Amtrak shall tain, coordinate, and administer the plan; freight intermodal rail connections and fa- establish a Next Generation Corridor Equip- ‘‘(2) establish or designate a State rail plan cilities within the State, including seaports, ment Pool Committee, comprised of rep- approval authority to approve the plan; and prioritized options to maximize service resentatives of Amtrak, the Federal Railroad ‘‘(3) submit the State’s approved plan to integration and efficiency between rail and Administration, and interested States. The the Secretary of Transportation for review; other modes of transportation within the purpose of the Committee shall be to design, and State. develop specifications for, and procure stand- ‘‘(4) revise and resubmit a State-approved ‘‘(9) A review of publicly funded projects ardized next-generation corridor equipment. plan no less frequently than once every 5 within the State to improve rail transpor- (b) FUNCTIONS.—The Committee may— years for reapproval by the Secretary. tation safety and security, including all (1) determine the number of different types major projects funded under section 130 of ‘‘§ 22503. Purposes of equipment required, taking into account title 23. variations in operational needs and corridor ‘‘(a) PURPOSES.—The purposes of a State ‘‘(10) A performance evaluation of pas- infrastructure; rail plan are as follows: senger rail services operating in the State, (2) establish a pool of equipment to be used ‘‘(1) To set forth State policy involving including possible improvements in those on corridor routes funded by participating freight and passenger rail transportation, in- services, and a description of strategies to States; and cluding commuter rail operations, in the achieve those improvements. (3) subject to agreements between Amtrak State. ‘‘(11) A compilation of studies and reports and States, utilize services provided by Am- ‘‘(2) To establish the period covered by the on high-speed rail corridor development trak to design, maintain and remanufacture State rail plan. within the State not included in a previous equipment. ‘‘(3) To present priorities and strategies to plan under this subchapter, and a plan for (c) COOPERATIVE AGREEMENTS.—Amtrak enhance rail service in the State that bene- funding any recommended development of and States participating in the Committee fits the public. such corridors in the State. may enter into agreements for the funding, ‘‘(4) To serve as the basis for Federal and ‘‘(12) A statement that the State is in com- procurement, remanufacture, ownership and State rail investments within the State. pliance with the requirements of section management of corridor equipment, includ- ‘‘(b) COORDINATION.—A State rail plan shall 22102. ing equipment currently owned or leased by be coordinated with other State transpor- ‘‘(b) LONG-RANGE SERVICE AND INVESTMENT Amtrak and next-generation corridor equip- tation planning goals and programs and set PROGRAM.— ment acquired as a result of the Committee’s forth rail transportation’s role within the ‘‘(1) PROGRAM CONTENT.—A long-range rail actions, and may establish a corporation, State transportation system. investment program included in a State rail which may be owned or jointly-owned by ‘‘§ 22504. Transparency; coordination; review plan under subsection (a)(5) shall include the Amtrak, participating States or other enti- ‘‘(a) PREPARATION.—A State shall provide following matters: ties, to perform these functions. adequate and reasonable notice and oppor- ‘‘(A) A list of any rail capital projects ex- (d) FUNDING.—In addition to the authoriza- tunity for comment and other input to the pected to be undertaken or supported in tion provided in section 105 of this Act, cap- public, rail carriers, commuter and transit whole or in part by the State. ital projects to carry out the purposes of this authorities operating in, or affected by rail ‘‘(B) A detailed funding plan for those section shall be eligible for grants made pursuant to chapter 244 of title 49, United States operations within the State, units of local projects. Code. government, and other interested parties in ‘‘(2) PROJECT LIST CONTENT.—The list of the preparation and review of its State rail rail capital projects shall contain— SEC. 304. FEDERAL RAIL POLICY. plan. ‘‘(A) a description of the anticipated public Section 103 is amended— ‘‘(b) INTERGOVERNMENTAL COORDINATION.— and private benefits of each such project; and (1) by inserting ‘‘IN GENERAL.—’’ before A State shall review the freight and pas- ‘‘(B) a statement of the correlation be- ‘‘The Federal’’ in subsection (a); senger rail service activities and initiatives tween— (2) by striking the second and third sen- by regional planning agencies, regional ‘‘(i) public funding contributions for the tences of subsection (a); transportation authorities, and municipali- projects; and (3) by inserting ‘‘ADMINISTRATOR.—’’ before ties within the State, or in the region in ‘‘(ii) the public benefits. ‘‘The head’’ in subsection (b); (4) by redesignating subsections (c), (d), which the State is located, while preparing ‘‘(3) CONSIDERATIONS FOR PROJECT LIST.—In the plan, and shall include any recommenda- preparing the list of freight and intercity and (e) as subsections (d), (e), and (f), respec- tions made by such agencies, authorities, passenger rail capital projects, a State rail tively and by inserting after subsection (b) and municipalities as deemed appropriate by transportation authority should take into the following: ‘‘(c) SAFETY.—To carry out all railroad the State. consideration the following matters: safety laws of the United States, the Admin- ‘‘(A) Contributions made by non-Federal ‘‘§ 22505. Content istration is divided on a geographical basis and non-State sources through user fees, ‘‘(a) IN GENERAL.—Each State rail plan into at least 8 safety offices. The Secretary shall contain the following: matching funds, or other private capital in- of Transportation is responsible for all acts ‘‘(1) An inventory of the existing overall volvement. taken under those laws and for ensuring that rail transportation system and rail services ‘‘(B) Rail capacity and congestion effects. the laws are uniformly administered and en- and facilities within the State and an anal- ‘‘(C) Effects on highway, aviation, and forced among the safety offices.’’; ysis of the role of rail transportation within maritime capacity, congestion, or safety. (5) by inserting ‘‘POWERS AND DUTIES.—’’ the State’s surface transportation system. ‘‘(D) Regional balance. before ‘‘The’’ in subsection (d), as redesig- ‘‘(2) A review of all rail lines within the ‘‘(E) Environmental impact. nated; State, including proposed high speed rail ‘‘(F) Economic and employment impacts. (6) by striking ‘‘and’’ after the semicolon corridors and significant rail line segments ‘‘(G) Projected ridership and other service in paragraph (1) of subsection (d), as redesig- not currently in service. measures for passenger rail projects. nated; ‘‘(3) A statement of the State’s passenger ‘‘§ 22506. Review (7) by redesignating paragraph (2) of sub- rail service objectives, including minimum The Secretary shall prescribe procedures section (d), as redesignated, as paragraph (3) service levels, for rail transportation routes for States to submit State rail plans for re- and inserting after paragraph (1) the fol- in the State. view under this title, including standardized lowing:

VerDate Aug 31 2005 03:14 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.069 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S591 ‘‘(2) the duties and powers related to rail- including existing rail passenger and freight ‘‘(C) representatives of Amtrak, the Alaska road policy and development under sub- technologies and speeds, incrementally en- Railroad, freight railroads, transit operating section (e); and’’; hanced rail systems and infrastructure, and agencies, intercity rail passenger agencies, (8) by inserting ‘‘TRANSFERS OF DUTY.—’’ new high-speed wheel-on-rail systems and railway labor organizations, and environ- before ‘‘A duty’’ in subsection (e), as redesig- rail security; mental organizations. nated; ‘‘(2) address ways to expand the transpor- ‘‘(d) NATIONAL ACADEMY OF SCIENCES.— The (9) by inserting ‘‘CONTRACTS, GRANTS, tation of international trade traffic by rail, Secretary may make grants to, and enter LEASES, COOPERATIVE AGREEMENTS, AND SIMI- enhance the efficiency of intermodal inter- into cooperative agreements with, the Na- LAR TRANSACTIONS.—’’ before ‘‘Subject’’ in change at ports and other intermodal termi- tional Academy of Sciences to carry out subsection (f), as redesignated; nals, and increase capacity and availability such activities relating to the research, tech- (10) by striking the last sentence in sub- of rail service for seasonal freight needs; nology, and technology transfer activities section (f), as redesignated; and ‘‘(3) consider research on the interconnect- described in subsection (b) as the Secretary (11) by adding at the end the following: edness of commuter rail, passenger rail, deems appropriate.’’. ‘‘(g) ADDITIONAL DUTIES OF THE ADMINIS- freight rail, and other rail networks; and (b) CLERICAL AMENDMENT.—The chapter TRATOR.—The Administrator shall— ‘‘(4) give consideration to regional con- analysis for chapter 249 is amended by add- ‘‘(1) provide assistance to States in devel- cerns regarding rail passenger and freight ing at the end the following: oping State rail plans prepared under chap- transportation, including meeting research ter 225 and review all State rail plans sub- needs common to designated high-speed cor- ‘‘24910. Rail cooperative research program’’. mitted under that section; ridors, long-distance rail services, and re- TITLE IV—PASSENGER RAIL SECURITY ‘‘(2) develop a long range national rail plan gional intercity rail corridors, projects, and AND SAFETY that is consistent with approved State rail entities. SEC. 400. SHORT TITLE. plans and the rail needs of the Nation, as de- ‘‘(b) CONTENT.—The program to be carried termined by the Secretary in order to pro- out under this section shall include research This title may be cited as the ‘‘Surface mote an integrated, cohesive, efficient, and designed— Transportation and Rail Security Act of optimized national rail system for the move- ‘‘(1) to identify the unique aspects and at- 2007’’. ment of goods and people; tributes of rail passenger and freight service; SEC. 401. RAIL TRANSPORTATION SECURITY RISK ‘‘(3) develop a preliminary national rail ‘‘(2) to develop more accurate models for ASSESSMENT. plan within a year after the date of enact- evaluating the impact of rail passenger and (a) IN GENERAL.— ment of the Passenger Rail Investment and freight service, including the effects on high- (1) VULNERABILITY AND RISK ASSESSMENT.— Improvement Act of 2007; way and airport and airway congestion, envi- The Secretary of Homeland Security shall ‘‘(4) develop and enhance partnerships with ronmental quality, and energy consumption; establish a task force, including the Trans- the freight and passenger railroad industry, ‘‘(3) to develop a better understanding of portation Security Administration, the De- States, and the public concerning rail devel- modal choice as it affects rail passenger and partment of Transportation, and other ap- opment; freight transportation, including develop- propriate agencies, to complete a vulner- ‘‘(5) support rail intermodal development ment of better models to predict utilization; ability and risk assessment of freight and and high-speed rail development, including ‘‘(4) to recommend priorities for tech- passenger rail transportation (encompassing high speed rail planning; nology demonstration and development; railroads, as that term is defined in section ‘‘(6) ensure that programs and initiatives ‘‘(5) to meet additional priorities as deter- 20102(1) of title 49, United States Code). The developed under this section benefit the pub- mined by the advisory board established assessment shall include— lic and work toward achieving regional and under subsection (c), including any rec- (A) a methodology for conducting the risk national transportation goals; and ommendations made by the National Re- assessment, including timelines, that ad- ‘‘(7) facilitate and coordinate efforts to as- search Council; dresses how the Department of Homeland Se- sist freight and passenger rail carriers, tran- ‘‘(6) to explore improvements in manage- curity will work with the entities describe in sit agencies and authorities, municipalities, ment, financing, and institutional struc- subsection (b) and make use of existing Fed- and States in passenger-freight service inte- tures; eral expertise within the Department of gration on shared rights of way by providing ‘‘(7) to address rail capacity constraints Homeland Security, the Department of neutral assistance at the joint request of af- that affect passenger and freight rail service Transportation, and other appropriate agen- fected rail service providers and infrastruc- through a wide variety of options, ranging cies; ture owners relating to operations and ca- from operating improvements to dedicated (B) identification and evaluation of critical pacity analysis, capital requirements, oper- new infrastructure, taking into account the assets and infrastructures; ating costs, and other research and planning impact of such options on operations; (C) identification of vulnerabilities and related to corridors shared by passenger or ‘‘(8) to improve maintenance, operations, risks to those assets and infrastructures; commuter rail service and freight rail oper- customer service, or other aspects of inter- (D) identification of vulnerabilities and ations. city rail passenger and freight service; risks that are specific to the transportation ‘‘(h) PERFORMANCE GOALS AND REPORTS.— ‘‘(9) to recommend objective methodologies of hazardous materials via railroad; ‘‘(1) PERFORMANCE GOALS.—In conjunction for determining intercity passenger rail (E) identification of security weaknesses in with the objectives established and activities routes and services, including the establish- passenger and cargo security, transportation undertaken under section 103(e) of this title, ment of new routes, the elimination of exist- infrastructure, protection systems, proce- the Administrator shall develop a schedule ing routes, and the contraction or expansion dural policies, communications systems, em- for achieving specific, measurable perform- of services or frequencies over such routes; ployee training, emergency response plan- ance goals. ‘‘(10) to review the impact of equipment ning, and any other area identified by the as- ‘‘(2) RESOURCE NEEDS.—The strategy and and operational safety standards on the fur- sessment; and annual plans shall include estimates of the ther development of high speed passenger (F) an account of actions taken or planned funds and staff resources needed to accom- rail operations connected to or integrated by both public and private entities to ad- plish each goal and the additional duties re- with non-high speed freight or passenger rail dress identified rail security issues and as- quired under section 103(e). operations; and sess the effective integration of such actions. ‘‘(3) SUBMISSION WITH PRESIDENT’S BUDG- ‘‘(11) to recommend any legislative or reg- (2) RECOMMENDATIONS.—Based on the as- ET.—Beginning with fiscal year 2009 and each ulatory changes necessary to foster further sessment conducted under paragraph (1), the fiscal year thereafter, the Secretary shall development and implementation of high Secretary, in consultation with the Sec- submit to Congress, at the same time as the speed passenger rail operations while ensur- retary of Transportation, shall develop President’s budget submission, the Adminis- ing the safety of such operations that are prioritized recommendations for improving tration’s performance goals and schedule de- connected to or integrated with non-high rail security, including any recommenda- veloped under paragraph (1), including an as- speed freight or passenger rail operations. tions the Secretary has for— sessment of the progress of the Administra- ‘‘(c) ADVISORY BOARD.— (A) improving the security of rail tunnels, tion toward achieving its performance ‘‘(1) ESTABLISHMENT.—In consultation with rail bridges, rail switching and car storage goals.’’. the heads of appropriate Federal depart- areas, other rail infrastructure and facilities, SEC. 305. RAIL COOPERATIVE RESEARCH PRO- ments and agencies, the Secretary shall es- information systems, and other areas identi- GRAM. tablish an advisory board to recommend re- fied by the Secretary as posing significant (a) ESTABLISHMENT AND CONTENT.—Chapter search, technology, and technology transfer rail-related risks to public safety and the 249 is amended by adding at the end the fol- activities related to rail passenger and movement of interstate commerce, taking lowing: freight transportation. into account the impact that any proposed ‘‘§ 24910. Rail cooperative research program ‘‘(2) MEMBERSHIP.—The advisory board security measure might have on the provi- ‘‘(a) IN GENERAL.—The Secretary shall es- shall include— sion of rail service; tablish and carry out a rail cooperative re- ‘‘(A) representatives of State transpor- (B) deploying equipment to detect explo- search program. The program shall— tation agencies; sives and hazardous chemical, biological, and ‘‘(1) address, among other matters, inter- ‘‘(B) transportation and environmental radioactive substances, and any appropriate city rail passenger and freight rail services, economists, scientists, and engineers; and countermeasures;

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.069 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S592 CONGRESSIONAL RECORD — SENATE January 16, 2007 (C) training appropriate railroad or rail- (2) to secure Amtrak trains; of this title, there shall be made available to road shipper employees in terrorism preven- (3) to secure Amtrak stations; the Secretary of Transportation for fiscal tion, passenger evacuation, and response ac- (4) to obtain a watch list identification year 2008 $3,000,000 for the preliminary design tivities; system approved by the Secretary; of options for a new tunnel on a different (D) conducting public outreach campaigns (5) to obtain train tracking and interoper- alignment to augment the capacity of the on passenger railroads; able communications systems that are co- existing Baltimore tunnels. (E) deploying surveillance equipment; and ordinated to the maximum extent possible; (d) AVAILABILITY OF APPROPRIATED (F) identifying the immediate and long- (6) to hire additional police and security FUNDS.—Amounts made available pursuant term costs of measures that may be required officers, including canine units; to this section shall remain available until to address those risks. (7) to expand emergency preparedness ef- expended. (e) PLANS REQUIRED.—The Secretary of (3) PLANS.—The report required by sub- forts; and section (c) shall include— (8) for employee security training. Transportation may not make amounts available to Amtrak for obligation or ex- (A) a plan, developed in consultation with (b) CONDITIONS.—The Secretary of Trans- penditure under subsection (a)— the freight and intercity passenger railroads, portation shall disburse funds to Amtrak (1) until Amtrak has submitted to the Sec- and State and local governments, for the provided under subsection (a) for projects retary, and the Secretary has approved, an Federal government to provide increased se- contained in a systemwide security plan ap- engineering and financial plan for such curity support at high or severe threat levels proved by the Secretary of Homeland Secu- projects; and of alert; rity. The plan shall include appropriate (2) unless, for each project funded pursuant (B) a plan for coordinating existing and measures to address security awareness, to this section, the Secretary has approved a planned rail security initiatives undertaken emergency response, and passenger evacu- project management plan prepared by Am- by the public and private sectors; and ation training. (c) EQUITABLE GEOGRAPHIC ALLOCATION.— trak addressing appropriate project budget, (C) a contingency plan, developed in con- The Secretary shall ensure that, subject to construction schedule, recipient staff organi- junction with freight and intercity and com- meeting the highest security needs on Am- zation, document control and record keep- muter passenger railroads, to ensure the con- trak’s entire system and consistent with the ing, change order procedure, quality control tinued movement of freight and passengers risk assessment required under section 401, and assurance, periodic plan updates, and in the event of an attack affecting the rail- stations and facilities located outside of the periodic status reports. road system, which shall contemplate— Northeast Corridor receive an equitable (f) REVIEW OF PLANS.—The Secretary of (i) the possibility of rerouting traffic due share of the security funds authorized by Transportation shall complete the review of to the loss of critical infrastructure, such as this section. the plans required by paragraphs (1) and (2) a bridge, tunnel, yard, or station; and (d) AVAILABILITY OF FUNDS.—Out of funds of subsection (e) and approve or disapprove (ii) methods of continuing railroad service appropriated pursuant to section 114(u) of the plans within 45 days after the date on in the Northeast Corridor in the event of a title 49, United States Code, as amended by which each such plan is submitted by Am- commercial power loss, or catastrophe af- section 416 of this title, there shall be made trak. If the Secretary determines that a plan fecting a critical bridge, tunnel, yard, or sta- available to the Secretary of Homeland Se- is incomplete or deficient, the Secretary tion. curity and the Assistant Secretary of Home- shall notify Amtrak of the incomplete items (b) CONSULTATION; USE OF EXISTING RE- land Security (Transportation Security Ad- or deficiencies and Amtrak shall, within 30 SOURCES.—In carrying out the assessment ministration) to carry out this section— days after receiving the Secretary’s notifica- and developing the recommendations and (1) $63,500,000 for fiscal year 2008; tion, submit a modified plan for the Sec- plans required by subsection (a), the Sec- (2) $30,000,000 for fiscal year 2009; and retary’s review. Within 15 days after receiv- retary of Homeland Security shall consult (3) $30,000,000 for fiscal year 2010. ing additional information on items pre- with rail management, rail labor, owners or Amounts appropriated pursuant to this sub- viously included in the plan, and within 45 lessors of rail cars used to transport haz- section shall remain available until ex- days after receiving items newly included in ardous materials, first responders, shippers pended. a modified plan, the Secretary shall either of hazardous materials, public safety offi- SEC. 403. FIRE AND LIFE-SAFETY IMPROVE- approve the modified plan, or, if the Sec- cials, and other relevant parties. MENTS. retary finds the plan is still incomplete or (c) REPORT.— (a) LIFE-SAFETY NEEDS.—The Secretary of deficient, the Secretary shall identify in (1) CONTENTS.—Within 180 days after the Transportation, in consultation with the writing to the Senate Committee on Com- date of enactment of this Act, the Secretary Secretary of Homeland Security, is author- merce, Science, and Transportation, the shall transmit to the Senate Committee on ized to make grants to Amtrak for the pur- House of Representatives Committee on Commerce, Science, and Transportation, the pose of making fire and life-safety improve- Transportation and Infrastructure, and the House of Representatives Committee on ments to Amtrak tunnels on the Northeast House of Representatives Committee on Transportation and Infrastructure, and the Corridor in New York, NY, Baltimore, MD, Homeland Security the portions of the plan House of Representatives Committee on and Washington, DC. the Secretary finds incomplete or deficient, Homeland Security a report containing the (b) AUTHORIZATION OF APPROPRIATIONS.— approve all other portions of the plan, obli- assessment, prioritized recommendations, Out of funds appropriated pursuant to sec- gate the funds associated with those other and plans required by subsection (a) and an tion 416(b) of this title, there shall be made portions, and execute an agreement with estimate of the cost to implement such rec- available to the Secretary of Transportation Amtrak within 15 days thereafter on a proc- ommendations. for the purposes of carrying out subsection ess for resolving the remaining portions of (2) FORMAT.—The Secretary may submit (a) the following amounts: the plan. the report in both classified and redacted (1) For the 6 New York tunnels to provide (g) FINANCIAL CONTRIBUTION FROM OTHER formats if the Secretary determines that ventilation, electrical, and fire safety tech- TUNNEL USERS.—The Secretary shall, taking such action is appropriate or necessary. nology upgrades, emergency communication into account the need for the timely comple- (d) ANNUAL UPDATES.—The Secretary, in and lighting systems, and emergency access tion of all portions of the tunnel projects de- consultation with the Secretary of Transpor- and egress for passengers— scribed in subsection (a)— tation, shall update the assessment and rec- (A) $100,000,000 for fiscal year 2008; (1) consider the extent to which rail car- ommendations each year and transmit a re- (B) $100,000,000 for fiscal year 2009; riers other than Amtrak use or plan to use port, which may be submitted in both classi- (C) $100,000,000 for fiscal year 2010; and the tunnels; fied and redacted formats, to the Commit- (D) $100,000,000 for fiscal year 2011. (2) consider the feasibility of seeking a fi- tees named in subsection (c)(1), containing (2) For the Baltimore & Potomac tunnel nancial contribution from those other rail the updated assessment and recommenda- and the Union tunnel, together, to provide carriers toward the costs of the projects; and tions. adequate drainage, ventilation, communica- (3) obtain financial contributions or com- (e) FUNDING.—Out of funds appropriated tion, lighting, and passenger egress up- mitments from such other rail carriers at pursuant to section 114(u) of title 49, United grades— levels reflecting the extent of their use or States Code, as amended by section 416 of (A) $10,000,000 for fiscal year 2008; planned use of the tunnels, if feasible. this title, there shall be made available to (B) $10,000,000 for fiscal year 2009; SEC. 404. FREIGHT AND PASSENGER RAIL SECU- the Secretary of Homeland Security to carry (C) $10,000,000 for fiscal year 2010; and RITY UPGRADES. out this section $5,000,000 for fiscal year 2008. (a) SECURITY IMPROVEMENT GRANTS.—The (D) $10,000,000 for fiscal year 2011. SEC. 402. SYSTEMWIDE AMTRAK SECURITY UP- Secretary of Homeland Security, through GRADES. (3) For the Washington, DC, Union Station the Assistant Secretary of Homeland Secu- (a) IN GENERAL.—Subject to subsection (c) tunnels to improve ventilation, communica- rity (Transportation Security Administra- the Secretary of Homeland Security, in con- tion, lighting, and passenger egress up- tion) and other appropriate agencies, is au- sultation with the Assistant Secretary of grades— thorized to make grants to freight railroads, Homeland Security (Transportation Security (A) $8,000,000 for fiscal year 2008; the Alaska Railroad, hazardous materials Administration), is authorized to make (B) $8,000,000 for fiscal year 2009; shippers, owners of rail cars used in the grants to Amtrak— (C) $8,000,000 for fiscal year 2010; and transportation of hazardous materials, uni- (1) to secure major tunnel access points (D) $8,000,000 for fiscal year 2011. versities, colleges and research centers, and ensure tunnel integrity in New York, (c) INFRASTRUCTURE UPGRADES.—Out of State and local governments (for rail pas- Baltimore, and Washington, DC; funds appropriated pursuant to section 416(b) senger facilities and infrastructure not

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owned by Amtrak), and, through the Sec- (g) HIGH HAZARD MATERIALS DEFINED.—In (1) $33,000,000 for fiscal year 2008; retary of Transportation, to Amtrak, for full this section, the term ‘‘high hazard mate- (2) $33,000,000 for fiscal year 2009; and or partial reimbursement of costs incurred in rials’’ means quantities of poison inhalation (3) $33,000,000 for fiscal year 2010. the conduct of activities to prevent or re- hazard materials, Class 2.3 gases, Class 6.1 Amounts made available pursuant to this spond to acts of terrorism, sabotage, or other materials, and anhydrous ammonia that the subsection shall remain available until ex- intercity passenger rail and freight rail secu- Secretary, in consultation with the Sec- pended. rity vulnerabilities and risks identified retary of Transportation, determines pose a SEC. 406. OVERSIGHT AND GRANT PROCEDURES. under section 401, including— security risk. (a) SECRETARIAL OVERSIGHT.—The Sec- (1) security and redundancy for critical SEC. 405. RAIL SECURITY RESEARCH AND DEVEL- retary of Homeland Security may use up to communications, computer, and train con- OPMENT. 0.5 percent of amounts made available for trol systems essential for secure rail oper- (a) ESTABLISHMENT OF RESEARCH AND DE- capital projects under this title to enter into ations; VELOPMENT PROGRAM.—The Secretary of contracts for the review of proposed capital (2) accommodation of rail cargo or pas- Homeland Security, through the Under Sec- projects and related program management senger screening equipment at the United retary for Science and Technology and the plans and to oversee construction of such States-Mexico border, the United States- Assistant Secretary of Homeland Security projects. Canada border, or other ports of entry; (Transportation Security Administration), (b) USE OF FUNDS.—The Secretary may use (3) the security of hazardous material in consultation with the Secretary of Trans- amounts available under subsection (a) of portation shall carry out a research and de- transportation by rail; this subsection to make contracts to audit velopment program for the purpose of im- (4) secure intercity passenger rail stations, and review the safety, procurement, manage- proving freight and intercity passenger rail trains, and infrastructure; ment, and financial compliance of a recipi- security that may include research and de- (5) structural modification or replacement ent of amounts under this title. velopment projects to— of rail cars transporting high hazard mate- (c) PROCEDURES FOR GRANT AWARD.—The (1) reduce the vulnerability of passenger rials to improve their resistance to acts of Secretary shall, within 90 days after the date trains, stations, and equipment to explosives of enactment of this Act, prescribe proce- terrorism; and hazardous chemical, biological, and ra- (6) employee security awareness, prepared- dures and schedules for the awarding of dioactive substances; grants under this title, including application ness, passenger evacuation, and emergency (2) test new emergency response techniques and qualification procedures (including a re- response training; and technologies; quirement that the applicant have a security (7) public security awareness campaigns for (3) develop improved freight technologies, plan), and a record of decision on applicant passenger train operations; including— eligibility. The procedures shall include the (8) the sharing of intelligence and informa- (A) technologies for sealing rail cars; execution of a grant agreement between the tion about security threats; (B) automatic inspection of rail cars; grant recipient and the Secretary and shall (9) to obtain train tracking and interoper- (C) communication-based train controls; be consistent, to the extent practicable, with able communications systems that are co- and the grant procedures established under sec- ordinated to the maximum extent possible; (D) emergency response training; tion 70107 of title 46, United States Code. (10) to hire additional police and security (4) test wayside detectors that can detect SEC. 407. AMTRAK PLAN TO ASSIST FAMILIES OF officers, including canine units; and tampering with railroad equipment; PASSENGERS INVOLVED IN RAIL (11) other improvements recommended by (5) support enhanced security for the trans- PASSENGER ACCIDENTS. the report required by section 401, including portation of hazardous materials by rail, in- (a) IN GENERAL.—Chapter 243 of title 49, infrastructure, facilities, and equipment up- cluding— United States Code, is amended by adding at grades. (A) technologies to detect a breach in a the end the following: (b) ACCOUNTABILITY.—The Secretary shall tank car or other rail car used to transport ‘‘§ 24316. Plans to address needs of families of adopt necessary procedures, including au- hazardous materials and transmit informa- passengers involved in rail passenger acci- dits, to ensure that grants made under this tion about the integrity of cars to the train dents section are expended in accordance with the crew or dispatcher; ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 purposes of this title and the priorities and (B) research to improve tank car integrity, months after the date of the enactment of other criteria developed by the Secretary. with a focus on tank cars that carry high the Surface Transportation and Rail Secu- (c) ALLOCATION.—The Secretary shall dis- hazard materials (as defined in section 404(g) rity Act of 2007 Amtrak shall submit to the tribute the funds authorized by this section of this title); and Chairman of the National Transportation based on risk and vulnerability as deter- (C) techniques to transfer hazardous mate- Safety Board, the Secretary of Transpor- mined under section 401, and shall encourage rials from rail cars that are damaged or oth- tation, and the Secretary of Homeland Secu- non-Federal financial participation in erwise represent an unreasonable risk to rity a plan for addressing the needs of the awarding grants. With respect to grants for human life or public safety; and families of passengers involved in any rail intercity passenger rail security, the Sec- (6) other projects that address passenger accident involving an Amtrak retary shall also take into account passenger vulnerabilities and risks identified under intercity train and resulting in a loss of life. volume and whether a station is used by section 401. ‘‘(b) CONTENTS OF PLANS.—The plan to be commuter rail passengers as well as inter- (b) COORDINATION WITH OTHER RESEARCH submitted by Amtrak under subsection (a) city rail passengers. INITIATIVES.—The Secretary of Homeland Se- shall include, at a minimum, the following: (d) CONDITIONS.—The Secretary of Trans- curity shall ensure that the research and de- ‘‘(1) A process by which Amtrak will main- portation may not disburse funds to Amtrak velopment program authorized by this sec- tain and provide to the National Transpor- under subsection (a) unless Amtrak meets tion is coordinated with other research and tation Safety Board and the Secretary of the conditions set forth in section 402(b) of development initiatives at the Department Transportation, immediately upon request, a this title. of Homeland Security and the Department of list (which is based on the best available in- (e) ALLOCATION BETWEEN RAILROADS AND Transportation. The Secretary shall carry formation at the time of the request) of the OTHERS.—Unless as a result of the assess- out any research and development project names of the passengers aboard the train ment required by section 401 the Secretary of authorized by this section through a reim- (whether or not such names have been Homeland Security determines that critical bursable agreement with the Secretary of verified), and will periodically update the rail transportation security needs require re- Transportation, if the Secretary of Transpor- list. The plan shall include a procedure, with tation— imbursement in greater amounts to any eli- respect to unreserved trains and passengers (1) is already sponsoring a research and de- gible entity, no grants under this section not holding reservations on other trains, for velopment project in a similar area; or may be made— Amtrak to use reasonable efforts to ascer- (2) has a unique facility or capability that (1) in excess of $45,000,000 to Amtrak; or tain the number and names of passengers would be useful in carrying out the project. (2) in excess of $80,000,000 for the purposes aboard a train involved in an accident. (c) GRANTS AND ACCOUNTABILITY.—To carry described in paragraphs (3) and (5) of sub- ‘‘(2) A plan for creating and publicizing a section (a). out the research and development program, the Secretary may award grants to the enti- reliable, toll-free telephone number within 4 (f) AUTHORIZATION OF APPROPRIATIONS.— hours after such an accident occurs, and for Out of funds appropriated pursuant to sec- ties described in section 404(a) and shall adopt necessary procedures, including au- providing staff, to handle calls from the fam- tion 114(u) of title 49, United States Code, as ilies of the passengers. amended by section 416 of this title,, there dits, to ensure that grants made under this section are expended in accordance with the ‘‘(3) A process for notifying the families of shall be made available to the Secretary of purposes of this title and the priorities and the passengers, before providing any public Homeland Security to carry out this sec- other criteria developed by the Secretary. notice of the names of the passengers, by tion— (d) AUTHORIZATION OF APPROPRIATIONS.— suitably trained individuals. (1) $100,000,000 for fiscal year 2008; Out of funds appropriated pursuant to sec- ‘‘(4) A process for providing the notice de- (2) $100,000,000 for fiscal year 2009; and tion 114(u) of title 49, United States Code, as scribed in paragraph (2) to the family of a (3) $100,000,000 for fiscal year 2010. amended by section 416 of this title,, there passenger as soon as Amtrak has verified Amounts made available pursuant to this shall be made available to the Secretary of that the passenger was aboard the train subsection shall remain available until ex- Homeland Security to carry out this sec- (whether or not the names of all of the pas- pended. tion— sengers have been verified).

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.070 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S594 CONGRESSIONAL RECORD — SENATE January 16, 2007 ‘‘(5) A process by which the family of each of Canada and the Government of the United developed by a railroad carrier under this passenger will be consulted about the dis- States of America’’, dated January 18, 2001; section, the railroad carrier shall complete position of all remains and personal effects (3) an assessment of the current program the training of all front-line workers in ac- of the passenger within Amtrak’s control; to provide preclearance of freight railroad cordance with that program. The Secretary that any possession of the passenger within traffic between the United States and Can- shall review implementation of the training Amtrak’s control will be returned to the ada as outlined in the ‘‘Declaration of Prin- program of a representative sample of rail- family unless the possession is needed for the ciple for the Improved Security of Rail Ship- road carriers and report to the Senate Com- accident investigation or any criminal inves- ments by Canadian National Railway and mittee on Commerce, Science, and Transpor- tigation; and that any unclaimed possession Canadian Pacific Railway from Canada to tation, the House of Representatives Com- of a passenger within Amtrak’s control will the United States’’, dated April 2, 2003; mittee on Transportation and Infrastruc- be retained by the rail passenger carrier for (4) information on progress by the Depart- ture, and the House of Representatives Com- at least 18 months. ment of Homeland Security and other Fed- mittee on Homeland Security on the number ‘‘(6) A process by which the treatment of eral agencies towards finalizing a bilateral of reviews conducted and the results. The the families of nonrevenue passengers will be protocol with Canada that would provide for Secretary may submit the report in both the same as the treatment of the families of preclearance of passengers on trains oper- classified and redacted formats as necessary. (e) UPDATES.—The Secretary shall update revenue passengers. ating between the United States and Canada; the training guidance issued under sub- ‘‘(7) An assurance that Amtrak will pro- (5) a description of legislative, regulatory, section (a) as appropriate to reflect new or vide adequate training to its employees and budgetary, or policy barriers within the different security threats. Railroad carriers agents to meet the needs of survivors and United States Government to providing pre- shall revise their programs accordingly and family members following an accident. screened passenger lists for rail passengers provide additional training to their front- ‘‘(c) USE OF INFORMATION.—The National traveling between the United States and line workers within a reasonable time after Transportation Safety Board, the Secretary Canada to the Department of Homeland Se- the guidance is updated. of Transportation, and Amtrak may not re- curity; (f) FRONT-LINE WORKERS DEFINED.—In this lease any personal information on a list ob- (6) a description of the position of the Gov- section, the term ‘‘front-line workers’’ tained under subsection (b)(1) but may pro- ernment of Canada and relevant Canadian means security personnel, dispatchers, train vide information on the list about a pas- agencies with respect to preclearance of such operators, other onboard employees, mainte- senger to the family of the passenger to the passengers; nance and maintenance support personnel, extent that the Board or Amtrak considers (7) a draft of any changes in existing Fed- bridge tenders, as well as other appropriate appropriate. eral law necessary to provide for pre-screen- employees of railroad carriers, as defined by ‘‘(d) LIMITATION ON LIABILITY.—Amtrak ing of such passengers and providing pre- the Secretary. shall not be liable for damages in any action screened passenger lists to the Department (g) OTHER EMPLOYEES.—The Secretary of brought in a Federal or State court arising of Homeland Security; and Homeland Security shall issue guidance and out of the performance of Amtrak in pre- (8) an analysis of the feasibility of rein- best practices for a rail shipper employee se- paring or providing a passenger list, or in stating in-transit inspections onboard inter- curity program containing the elements list- providing information concerning a train national Amtrak trains. ed under subsection (b) as appropriate. reservation, pursuant to a plan submitted by SEC. 409. RAIL WORKER SECURITY TRAINING SEC. 410. WHISTLEBLOWER PROTECTION PRO- Amtrak under subsection (b), unless such li- PROGRAM. GRAM. ability was caused by Amtrak’s conduct. (a) IN GENERAL.—Not later than 180 days (a) IN GENERAL.—Subchapter A of chapter ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- after the date of enactment of this Act, the 201 of title 49, United States Code, is amend- TION.—Nothing in this section may be con- Secretary of Homeland Security and the Sec- ed by inserting after section 20117 the fol- strued as limiting the actions that Amtrak retary of Transportation, in consultation lowing: may take, or the obligations that Amtrak with appropriate law enforcement, security, ‘‘§ 20118. Whistleblower protection for rail se- may have, in providing assistance to the and terrorism experts, representatives of curity matters families of passengers involved in a rail pas- railroad carriers, and nonprofit employee or- ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.— senger accident. ganizations that represent rail workers, No rail carrier engaged in interstate or for- ‘‘(f) FUNDING.—Out of funds appropriated shall develop and issue detailed guidance for eign commerce may discharge a railroad em- pursuant to section 416(b) of the Surface a rail worker security training program to ployee or otherwise discriminate against a Transportation and Rail Security Act of prepare front-line workers for potential railroad employee because the employee (or 2007, there shall be made available to the threat conditions. The guidance shall take any person acting pursuant to a request of Secretary of Transportation for the use of into consideration any current security the employee)— Amtrak $500,000 for fiscal year 2007 to carry training requirements or best practices. ‘‘(1) provided, caused to be provided, or is out this section. Amounts made available (b) PROGRAM ELEMENTS.—The guidance de- about to provide or cause to be provided, to pursuant to this subsection shall remain veloped under subsection (a) shall include the employer or the Federal Government in- available until expended.’’. elements, as appropriate to passenger and formation relating to a reasonably perceived (b) CONFORMING AMENDMENT.—The chapter freight rail service, that address the fol- threat, in good faith, to security; or analysis for chapter 243 of title 49, United lowing: ‘‘(2) provided, caused to be provided, or is States Code, is amended by adding at the end (1) Determination of the seriousness of any about to provide or cause to be provided, tes- the following: occurrence. timony before Congress or at any Federal or (2) Crew communication and coordination. ‘‘24316. Plan to assist families of passengers State proceeding regarding a reasonably per- (3) Appropriate responses to defend or pro- involved in rail passenger acci- ceived threat, in good faith, to security; or tect oneself. dents.’’. ‘‘(3) refused to violate or assist in the vio- (4) Use of protective devices. lation of any law, rule or regulation related SEC. 408. NORTHERN BORDER RAIL PASSENGER (5) Evacuation procedures. REPORT. to rail security. (6) Psychology of terrorists to cope with ‘‘(b) DISPUTE RESOLUTION.—A dispute, Within 180 days after the date of enact- hijacker behavior and passenger responses. grievance, or claim arising under this sec- ment of this Act, the Secretary of Homeland (7) Situational training exercises regarding tion is subject to resolution under section 3 Security, in consultation with the Assistant various threat conditions. of the Railway Labor Act (45 U.S.C. 153). In Secretary of Homeland Security (Transpor- (8) Any other subject the Secretary con- a proceeding by the National Railroad Ad- tation Security Administration), the Sec- siders appropriate. justment Board, a division or delegate of the retary of Transportation, heads of other ap- (c) RAILROAD CARRIER PROGRAMS.—Not Board, or another board of adjustment estab- propriate Federal departments, and agencies later than 90 days after the Secretary of lished under section 3 to resolve the dispute, and the National Railroad Passenger Cor- Homeland Security issues guidance under grievance, or claim the proceeding shall be poration, shall transmit a report to the Sen- subsection (a) in final form, each railroad expedited and the dispute, grievance, or ate Committee on Commerce, Science, and carrier shall develop a rail worker security claim shall be resolved not later than 180 Transportation, the House of Representa- training program in accordance with that days after it is filed. If the violation is a tives Committee on Transportation and In- guidance and submit it to the Secretary for form of discrimination that does not involve frastructure, and the House of Representa- review. Not later than 30 days after receiving discharge, suspension, or another action af- tives Committee on Homeland Security that a railroad carrier’s program under this sub- fecting pay, and no other remedy is available contains— section, the Secretary shall review the pro- under this subsection, the Board, division, (1) a description of the current system for gram and transmit comments to the railroad delegate, or other board of adjustment may screening passengers and baggage on pas- carrier concerning any revisions the Sec- award the employee reasonable damages, in- senger rail service between the United States retary considers necessary for the program cluding punitive damages, of not more than and Canada; to meet the guidance requirements. A rail- $20,000. (2) an assessment of the current program road carrier shall respond to the Secretary’s ‘‘(c) PROCEDURAL REQUIREMENTS.—Except to provide preclearance of airline passengers comments within 30 days after receiving as provided in subsection (b), the procedure between the United States and Canada as them. set forth in section 42121(b)(2)(B) of this sub- outlined in ‘‘The Agreement on Air Trans- (d) TRAINING.—Not later than 1 year after title, including the burdens of proof, applies port Preclearance between the Government the Secretary reviews the training program to any complaint brought under this section.

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‘‘(d) ELECTION OF REMEDIES.—An employee (1) The term ‘‘high-consequence target’’ (1) IN GENERAL.—In conjunction with the of a railroad carrier may not seek protection means a building, buildings, infrastructure, research and development program estab- under both this section and another provi- public space, or natural resource designated lished under section 405 and consistent with sion of law for the same allegedly unlawful by the Secretary of Homeland Security that the results of research relating to wireless act of the carrier. is viable terrorist target of national signifi- tracking technologies, the Secretary of ‘‘(e) DISCLOSURE OF IDENTITY.— cance, the attack of which could result in— Homeland Security, in consultation with the ‘‘(1) Except as provided in paragraph (2) of (A) catastrophic loss of life; and Assistant Secretary of Homeland Security this subsection, or with the written consent (B) significantly damaged national secu- (Transportation Security Administration), of the employee, the Secretary of Transpor- rity and defense capabilities; or shall develop a program that will encourage tation may not disclose the name of an em- (C) national economic harm. the equipping of rail cars transporting high ployee of a railroad carrier who has provided (2) The term ‘‘catastrophic impact zone’’ hazard materials (as defined in section 404(g) information about an alleged violation of means the area immediately adjacent to, of this title) with wireless terrestrial or sat- this section. under, or above an active railroad right-of- ellite communications technology that pro- ‘‘(2) The Secretary shall disclose to the At- way used to ship high hazard materials in vides— torney General the name of an employee de- which the potential release or explosion of (A) car position location and tracking ca- scribed in paragraph (1) of this subsection if the high hazard material being transported pabilities; the matter is referred to the Attorney Gen- would likely cause— (B) notification of rail car depressuriza- eral for enforcement.’’. (A) loss of life; or tion, breach, or unsafe temperature; and (b) CONFORMING AMENDMENT.—The chapter (B) significant damage to property or (C) notification of hazardous material re- analysis for chapter 201 of title 49, United structures. lease. States Code, is amended by inserting after (3) The term ‘‘rail carrier’’ has the mean- (2) COORDINATION.—In developing the pro- the item relating to section 20117 the fol- ing given that term by section 10102(5) of gram required by paragraph (1), the Sec- lowing: title 49, United States Code. retary shall— (A) consult with the Secretary of Trans- ‘‘20118. Whistleblower protection for rail se- SEC. 412. MEMORANDUM OF AGREEMENT. portation to coordinate the program with curity matters.’’. (a) MEMORANDUM OF AGREEMENT.—Similar any ongoing or planned efforts for rail car SEC. 411. HIGH HAZARD MATERIAL SECURITY to the public transportation security annex between the two departments signed on Sep- tracking at the Department of Transpor- THREAT MITIGATION PLANS. tation; and (a) IN GENERAL.—The Secretary of Home- tember 8, 2005, within 1 year after the date of enactment of this Act, the Secretary of (B) ensure that the program is consistent land Security, in consultation with the As- with recommendations and findings of the sistant Secretary of Homeland Security Transportation and the Secretary of Home- land Security shall execute and develop an Department of Homeland Security’s haz- (Transportation Security Administration) ardous material tank rail car tracking pilot and the Secretary of Transportation, shall annex to the memorandum of agreement between the two departments signed on Sep- programs. require rail carriers transporting a high haz- (b) FUNDING.—Out of funds appropriated ard material, as defined in section 404(g) of tember 28, 2004, governing the specific roles, delineations of responsibilities, resources pursuant to section 114(u) of title 49, United this title to develop a high hazard material States Code, as amended by section 416 of security threat mitigation plan containing and commitments of the Department of Transportation and the Department of this title, there shall be made available to appropriate measures, including alternative the Secretary of Homeland Security to carry Homeland Security, respectively, in address- routing and temporary shipment suspension out this section $3,000,000 for each of fiscal ing railroad transportation security matters, options, to address assessed risks to high years 2008, 2009, and 2010. consequence targets. The plan, and any in- including the processes the departments will follow to promote communications, effi- SEC. 416. AUTHORIZATION OF APPROPRIATIONS. formation submitted to the Secretary under ciency, and nonduplication of effort. (a) TRANSPORTATION SECURITY ADMINISTRA- this section shall be protected as sensitive (b) RAIL SAFETY REGULATIONS.—Section TION AUTHORIZATION.—Section 114 of title 49, security information under the regulations 20103(a) of title 49, United States Code, is United States Code, is amended by adding at prescribed under section 114(s) of title 49, amended by striking ‘‘safety’’ the first place the end thereof the following: United States Code. it appears, and inserting ‘‘safety, including ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to (b) IMPLEMENTATION.—A high hazard mate- security,’’. rial security threat mitigation plan shall be the Secretary of Homeland Security for rail SEC. 413. RAIL SECURITY ENHANCEMENTS. put into effect by a rail carrier for the ship- security— (a) RAIL POLICE OFFICERS.—Section 28101 of ment of high hazardous materials by rail on ‘‘(1) $205,000,000 for fiscal year 2008; title 49, United States Code, is amended— the rail carrier’s right-of-way when the ‘‘(2) $166,000,000 for fiscal year 2009; and (1) by inserting ‘‘(a) IN GENERAL.—’’ before threat levels of the Homeland Security Advi- ‘‘(3) $166,000,000 for fiscal year 2010.’’. ‘‘Under’’; and sory System are high or severe and specific (b) DEPARTMENT OF TRANSPORTATION.— (2) by striking ‘‘the rail carrier’’ each place intelligence of probable or imminent threat There are authorized to be appropriated to it appears and inserting ‘‘any rail carrier’’. exists towards— the Secretary of Transportation to carry out (b) REVIEW OF RAIL REGULATIONS.—Within this title and sections 20118 and 24316 of title (1) a high-consequence target that is with- 1 year after the date of enactment of this in the catastrophic impact zone of a railroad 49, United States Code, as added by this Act, the Secretary of Transportation, in con- title— right-of-way used to transport high haz- sultation with the Secretary of Homeland ardous material; or (1) $121,000,000 for fiscal year 2008; Security and the Assistant Secretary of (2) $118,000,000 for fiscal year 2009; (2) rail infrastructure or operations within Homeland Security (Transportation Security the immediate vicinity of a high-con- (3) $118,000,000 for fiscal year 2010; and Administration), shall review existing rail (4) $118,000,000 for fiscal year 2011. sequence target. regulations of the Department of Transpor- (c) COMPLETION AND REVIEW OF PLANS.— tation for the purpose of identifying areas in Mr. LOTT. Mr. President, I just want (1) PLANS REQUIRED.—Each rail carrier which those regulations need to be revised to to take a few moments to talk about shall— improve rail security. Amtrak and inter-city passenger rail. (A) submit a list of routes used to trans- SEC. 414. PUBLIC AWARENESS. In the last Congress, I worked with port high hazard materials to the Secretary Not later than 90 days after the date of en- Senators STEVENS, INOUYE, and LAU- of Homeland Security within 60 days after actment of this Act, the Secretary of Home- TENBERG—and other members of the the date of enactment of this Act; land Security, in consultation with the Sec- Commerce Committee—to develop S. (B) develop and submit a high hazard mate- retary of Transportation, shall develop a na- 1516, the Passenger Rail Investment rial security threat mitigation plan to the tional plan for public outreach and aware- Secretary within 180 days after it receives and Improvement Act. ness. Such plan shall be designed to increase Last year during the Senate’s consid- the notice of high consequence targets on awareness of measures that the general pub- such routes by the Secretary; and lic, railroad passengers, and railroad employ- eration of the reconciliation bill I of- (C) submit any subsequent revisions to the ees can take to increase railroad system se- fered an amendment to add the text of plan to the Secretary within 30 days after curity. Such plan shall also provide outreach S. 1516. The amendment passed by a making the revisions. to railroad carriers and their employees to vote of 93 to 6. So I know there is wide- (2) REVIEW AND UPDATES.—The Secretary, improve their awareness of available tech- spread support for this legislation. with assistance of the Secretary of Transpor- nologies, ongoing research and development Today we are introducing the same tation, shall review the plans and transmit efforts, and available Federal funding bipartisan legislation in hopes of gain- comments to the railroad carrier concerning sources to improve railroad security. Not ing the same level of support as we did any revisions the Secretary considers nec- later than 9 months after the date of enact- essary. A railroad carrier shall respond to in the last Congress. ment of this Act, the Secretary of Homeland The bill was developed with input the Secretary’s comments within 30 days Security shall implement the plan developed after receiving them. Each rail carrier shall under this section. from the Administration, the Depart- update and resubmit its plan for review not SEC. 415. RAILROAD HIGH HAZARD MATERIAL ment of Transportation’s Inspector less than every 2 years. TRACKING. General, States, Amtrak Board mem- (d) DEFINITIONS.—In this section: (a) WIRELESS COMMUNICATIONS.— bers, and many others.

VerDate Aug 31 2005 03:12 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.070 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S596 CONGRESSIONAL RECORD — SENATE January 16, 2007 The bill makes a number of impor- Americans to piece together their her- $5 million for the National Historical tant reforms to Amtrak, and has three itage. W.E.B. Dubois once said that, Publications and Records Commission major themes: Amtrak Reform and Ac- ‘‘There is in this world no such force as to establish and maintain a national countability; cost cutting; and, cre- the force of a person determined to database, the SEARCH Act has the po- ating funding options for States. rise, for the human soul cannot be per- tential to significantly reduce the time By increasing executive branch over- manently chained.’’ The Servitude and and painstaking efforts of those Afri- sight over Amtrak, this bill ensures Emancipation Archival Research can Americans who truly care about that the taxpayers’ money is used more ClearingHouse, SEARCH, Act of 2007 their American past to contribute to effectively. Under its past President, gives African Americans the tools they the American future. This bill also David Gunn, Amtrak has made some need to rise above the unique chal- seeks to authorize $5 million for improvements in its management. lenges and hardships they face in order States, colleges, and universities to However, much remains to be done. to trace their genealogy. The SEARCH preserve, catalogue, and index records Amtrak must be run more like a busi- Act establishes a national database locally. ness. This bill requires Amtrak to de- within the National Archives and In a democracy, records matter. The velop better financial systems and to Records Administration, NARA, hous- mission of NARA is to ensure that any- evaluate its operations objectively. It ing various documents that would as- one can have access to the records that forces Amtrak to improve the effi- sist those in search of a history that, matter to them. The SEARCH Act of ciency of long distance train service. because of slavery, is almost impos- 2007 seeks to fulfill that mission by The bill reduces Amtrak’s operating sible to find in the most ordinary reg- helping African Americans navigate subsidy by 40 percent by 2011 by requir- isters and census records. genealogical research sources and ne- ing Amtrak to use its funding more ef- Traditionally, someone researching gotiate the unique challenges that con- fectively, their genealogy would try looking up front them in this process. No longer The bill promotes a greater role for wills and land deeds; however, enslaved should any American have to wait to the private sector by allowing private African Americans were prohibited learn information, which in itself can companies to bid on operating Amtrak from owning property. In fact, African offer such freedom. routes. Americans, must frequently rely on the I don’t believe there is a more appro- The bill also creates a new rail cap- records of slave owners—most of which priate time than now to pass this piece ital grant program that States can use are in private hands—in hope that they of legislation, on the day before we to start new inter-city passenger rail had kept records containing birth and honor the legacy of a man who spent service. This will be the first time that death information. Even if records do his life as an advocate of freedom, Dr. States will have a Federal program exist, many African Americans in the Martin Luther King, Jr. Dr. King once they can use for passenger rail, putting past did not have formal last names, said, ‘‘Our lives begin to end the day intercity passenger rail on a similar thus compounding the difficulty of we become silent about things that footing to highways, transit, and air- tracing their lives. The omission of matter.’’ Mr. President, this piece of ports, all of which have Federal assist- surnames also precludes use of the legislation does matter and I ask my ance programs for infrastructure. most popular and major source of gene- colleagues to join me in passing the States won’t have to rely only on Am- alogical research, the United States SEARCH Act of 2007. trak for intercity passenger rail serv- Census. Furthermore, letters, diaries, ice. and other first-person records used by By Ms. MURKOWSKI (for herself I look forward to working with my most genealogical researchers are and Mr. STEVENS): colleagues on both sides of the aisle to scarcely available for slaves, owing to S. 298. A bill to provide incentives for get this bipartisan legislation signed the fact that they could not legally renewable energy production, to in- into law this year learn to read or write. crease fuel economy standards for Even after the Emancipation Procla- automobiles, and to provide tax incen- By Ms. LANDRIEU (for herself, mation was given in 1865, we would tives for renewable energy production; Mr. COCHRAN, Mr. LEVIN, Mr. think that African Americans could to the Committee on Finance. VOINOVICH, Mr. DURBIN, and Mr. begin using traditional genealogical Ms. MURKOWSKI. Mr. President, I SCHUMER): records like voter registrations and rise today to introduce a significant S. 295. A bill to establish a servitude school records. However, African Amer- bill to improve energy efficiency in and emancipation archival research icans did not immediately begin to par- this Nation and reduce greenhouse gas clearinghouse in the National Ar- ticipate in many of the privileges of emissions. chives; to the Committee on Homeland citizenship, including voting and at- The bill I am introducing will pro- Security and Governmental Affairs. tending school. Discrimination meant mote the development of additional Ms. LANDRIEU. Mr. President, I rise that African Americans were barred forms of renewable energy and also today to reintroduce the Servitude and from sitting on juries or owning busi- pave the way for improved fuel con- Emancipation Archival Research nesses. Segregation meant segregated sumption by vehicles. I rise to intro- Clearing House, SEARCH, Act of 2007, a neighborhoods, schools, churches, duce the Renewable Energy, Fuel Re- bill that will establish a national data- clubs, and fraternal organizations, and duction, and Economic Stabilization base consisting of historic records of thus segregated societies maintained and Enhancement Act of 2007, or the servitude and emancipation in the segregated records. For example, some REFRESH Act, for short. United States to assist African Ameri- telephone directories in South Carolina I consider this a balanced measure, a cans in researching their genealogy. did not include African Americans in companion to a bill introduced re- Additionally, Congressman ELIJAH the regular alphabetical listing, but cently by Alaska’s Senior Senator TED CUMMINGS is reintroducing a com- rather at the end of the book. An Afri- STEVENS who proposed to raise the fuel panion to this bill on the House side can American must maneuver these efficiency of automobiles to 40 miles because we both believe in its impor- distinctive nuances in order to conduct per gallon within a decade, a bill I am tance. proper genealogical research. In my proud to be a cosponsor of. This bill It is a very human instinct for people own State of Louisiana, descendants of will promote alternative energy by pro- to want to understand who they are the 9th Cavalry Regiment and 25th In- viding grants and tax credits to pro- from the lenses of who are their ances- fantry Regiment, known as the Buffalo mote development of geothermal tors and where are they from. This is Soldiers, would have to know to look power, all forms of ocean energy and the very reason I stand before you in the index of United States Colored small hydro electric development. today to reintroduce this piece of very Troops since there is no mention of The bill also seeks to reduce Amer- important legislation. Unfortunately, them in the index of State Military ican fossil fuel consumption by nearly African Americans who attempt to Regiments. 5 million barrels of oil a day by 2025 by trace their genealogy encounter huge Abraham Lincoln said, ‘‘a man who not only supporting an increase in the hurdles in reclaiming the usual docu- cares nothing about his past can care Corporate Average Fuel Efficiency mentary history that allows most little about his future.’’ By providing Standard, CAFE, for automobiles, as

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.060 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S597 proposed by Senator STEVENS, but by quire automobile makers, if it is tech- the PTC, as are wind, solar and bio- also requiring a study of whether to nologically feasible, to improve fuel ef- mass projects. mandate that a CAFE standard to be ficiency. I am proud to be a supporter Congress two years ago in the Energy imposed on commercial trucks. The of that measure. The two bills will Policy Act of 2005, which I helped for- bill also requires an improvement in have a host of policy and economic ad- mulate, provided both grant and the the efficiency of replacement tires for vantages. They will make us less de- tax assistance to encourage the devel- all passenger cars, provides grants to pendent on imported oil, improving our opment of wind, solar and biomass en- States and local communities to en- national security and reducing the ergy. But when you consider that large courage a reduction in traffic conges- money we spend overseas to buy im- portions of the country, including 70 tion by helping States to set up tele- ported crude oil. And they will produce percent of Alaska, may contain geo- commuting and flexible-work programs more jobs in America through the de- thermal resources, that there are thou- to keep motorists off roadways during velopment of new alternative-fuel in- sands of lakes and small rivers and rush hours, and extends and removes a dustries. creeks that can power small-scale cap on tax credits to encourage the The bill I introduce today, for exam- hydro electric development without re- purchase of hybrid and advanced fuel ple, will require all tire manufacturers quiring dams or affecting fisheries or efficient lean-burn vehicles. The bill to make and sell only low, rolling, re- the environment in the least, and that also authorizes $100 million in addi- sistance tires for replacement tire pur- thousands of miles of U.S. coastlines tional research assistance for plug-in poses within five years—the same tires and river systems can generate elec- hybrid and battery storage technology found on new cars today. The tires, tricity from emerging ocean energy development. while they will add on average $20 to systems, it only makes sense to expand The bill also includes a truth in ad- the cost of a set of two replacement the scope of Federal assistance to en- vertising provision requiring that the tires, will improve fuel efficiency by 1.5 courage wider development and use of CAFE standards for vehicles be based to 4.5 percent. Thus if the price of gaso- these other renewable technologies. on the actual fuel economy that the ve- line is only $2 a gallon, drivers will The Electric Power Research Insti- hicles will achieve under real-world save from $87 to $260 a year in fuel tute has estimated that wave energy driving conditions, where acceleration, costs per year, the change saving the off U.S. coasts alone could conserv- the use of air conditioning and stop typical driver money within the first atively generate 252 million megawatt and go driving is considered rather year, according to estimates by the Na- hours of electricity, 6.5 percent of all than on a three-decades old testing for- tional Commission on Energy Policy energy now produced in America. Alas- mula. that recommended the change in a 2005 ka has nearly 80 coastal and river com- The bill will reduce carbon dioxide report. munities that could benefit greatly by emissions from fossil fuel usage by The bill also will require the Na- development of ocean energy systems. about 530 million metric tons in the tional Highway Traffic Safety Admin- To facilitate ocean and geothermal de- United States by 2025—a 7 percent cut istration (NHTSA) to study the savings velopment, the bill authorizes $100 mil- over what emissions otherwise are pre- that would result and the costs of im- lion in Federal research and develop- dicted to be that year. Coming from posing a CAFE standard on commercial ment grant assistance to both types of Alaska where there is no question but trucks, a key requirement before Con- development. that warming temperatures have been gress can actually impose such a stand- This bill is not a cure all for all of in place in recent years, it only makes ard. Commercial trucks consume be- our energy woes. I recently co-spon- sense that we take common sense steps tween 1.5 and 2 million barrels of oil a sored legislation by Senators JIM now to improve fuel efficiency, to pro- day in fuel. According to estimates by BUNNING and BARACK OBAMA that will mote the development of a wider range the Department of Energy’s 21st Cen- provide additional incentives to de- of alternative energy technologies and tury Truck Program and by Argonne velop fuel from coal and that will en- to encourage Americans to buy more National Laboratory, fuel economy for courage the sequestration of carbon fuel efficient vehicles, as long as their tractor-trailers should be able to im- from coal processed in fuel-to-liquid ability to drive safe and affordable ve- prove by 30 to 60 percent by 2015 plants. I will support additional assist- hicles of their own choosing is pro- through use of a CAFE standard. While ance to promote wind, solar and bio- tected. such improvements might increase the mass alternative energy development. I This bill is a careful balance of steps cost of a tractor-trailer by $7,000 at have supported and will continue to we can take to reduce fuel usage and time of purchase, it would save some support development of the next gen- thus greenhouse gas emissions, but $11,000 in fuel costs over the life of the eration of nuclear power that can also of provisions that are economic for vehicle, achieving payback for the typ- produce energy without any green- Americans to undertake, and will pay ical truck owner in less than three house gas emissions. And I will con- for themselves in reduced fuel costs, years. Imposing such a CAFE on trucks tinue to support research and develop- sometimes in very short order. It will was proposed by the Energy Security ment of biofuels, such as ethanol, espe- be good insurance for the environment, Leadership Council in a report just last cially celluosic ethanol, and of develop- but also good for the pocketbooks of month. ment of hydrogen-fueled vehicles and Americans. The $50 million in grants to reduce fuel distribution systems for the new Americans understand that we are in traffic congestion could pay for them- fuels. a current warming trend. Just this selves nearly immediately, since the I also will support production of week, our government reported that National Commission on Energy Policy more domestic energy from conven- 2006 was the warmest year worldwide in estimated that American motorists tional sources, whether it be more oil over a century. There are dozens of ex- consume between 65,000 and 260,000 bar- and natural gas from the ground on- amples of the effects on the environ- rels of oil a day in wasted fuel because shore and from under some of our seas ment that the warming climate of the of urban traffic congestion, costing the offshore where it can be done in an en- past three decades has caused. While I Nation up to $13 million a day at cur- vironmentally friendly way, or more believe the ultimate cause of the cli- rent fuel prices. novel forms of fossil fuels, be they from mate change we are seeing is not yet And the tax credit provisions, mak- oil shales, oil sands, coal or from gas certain, it is our responsibility to take ing all forms of ocean energy: wave, hydrate deposits. In my view we need affordable steps now to reduce fuel concurrent, tidal and thermal, and small to do everything we can to find eco- sumption, increase the use of alter- hydro electric power qualified to re- nomic forms of the energy we will need native, non-fossil-fuel technologies, ceive the Federal Production Tax Cred- during the remainder of the 21st Cen- and to reduce carbon dioxide and other it that currently reduces the cost of tury. greenhouse gas emissions. wind, solar and biomass energy by 1.9 This bill only represents one piece of This bill, paired with previous legis- cents per kilowatt hour generated, a balanced plan to improve this Na- lation by my colleague Senator TED would help to increase renewable en- tion’s energy outlook. But it is an im- STEVENS that specifically raises the ergy production nationwide. Geo- portant piece. This bill has the ability CAFE standard by 2017, S. 183, will re- thermal energy is already covered by to restore and refresh our environment

VerDate Aug 31 2005 03:12 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.072 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S598 CONGRESSIONAL RECORD — SENATE January 16, 2007 by reducing greenhouse gas emissions. tion shall conduct a study of the anticipated (b) EXPANSION OF SMALL IRRIGATION It will encourage development of more economic impacts and fuel saving benefits POWER.—Paragraph (5) of section 45(c) of the renewable energy. We can’t afford not that would result from a requirement that Internal Revenue Code of 1986 is amended to to find the funds to pay for its provi- all vehicles manufactured for sale in the read as follows: United States with a gross vehicle weight of ‘‘(5) SMALL IRRIGATION POWER.—The term sions. not less than 10,000 pounds meet specific av- ‘small irrigation power’ means power— I ask unanimous consent that the erage fuel economy standards. ‘‘(A) generated without any dam or im- text of the bill be printed in the (2) REPORT.—Not later than 2 years after poundment of water through— RECORD. the date of the enactment of this Act, the ‘‘(i) through an irrigation system canal or There being no objection, the text of Administrator shall submit a report to Con- ditch, or the bill was ordered to be printed in gress that includes— ‘‘(ii) utilizing lake taps, perched alpine the RECORD, as follows: (A) the results of the study conducted lakes, or run-of-river with diversion, and under paragraph (1); and ‘‘(B) the nameplate capacity rating of S. 298 (B) a recommendation on whether the vehi- which is less than 15 megawatts.’’. Be it enacted by the Senate and House of Rep- cles described in paragraph (1) should be sub- (c) EFFECTIVE DATE.—The amendments resentatives of the United States of America in ject to average fuel economy standards. made by this section shall apply to elec- Congress assembled, SEC. 202. TIRE RESISTANCE STANDARDS. tricity produced in taxable years ending SECTION 1. SHORT TITLE. Section 30123 of title 49, United States after the date of the enactment of this Act. This Act may be cited as the ‘‘Renewable Code, is amended by adding at the end the SEC. 302. EXTENSION AND MODIFICATION OF Energy, Fuel Reduction, and Economic Sta- following: NEW QUALIFIED HYBRID MOTOR VE- bilization and EnHancement Act of 2007’’ or ‘‘(d) LOW ROLLING RESISTANCE TIRES.—Not HICLE CREDIT FOR PLUG-IN HY- the ‘‘REFRESH Act’’. later than 5 years after the date of the enact- BRIDS. (a) EXTENSION.— TITLE I—RENEWABLE ENERGY ment of this subsection, all passenger auto- (1) NEW QUALIFIED HYBRID PASSENGER AUTO- INCENTIVES mobile tires sold in the United States shall meet the low rolling resistance standards MOBILES AND LIGHT TRUCKS.—Paragraph (2) of SEC. 101. GEOTHERMAL POWER. prescribed by the Administrator of the Na- section 30B(j) of the Internal Revenue Code (a) IN GENERAL.—The Secretary of Energy, tional Highway Traffic Safety Administra- of 1986 is amended by inserting ‘‘(December acting through the Office of Energy Effi- tion.’’. 31, 2012, in the case of a new qualified hybrid ciency and Renewable Energy (referred to in motor vehicle which is recharged by means this title as the ‘‘Secretary’’), shall make SEC. 203. TRAFFIC REDUCTION GRANTS. (a) IN GENERAL.—The Secretary of Trans- of an off board device)’’ after ‘‘December 31, grants to eligible entities (as determined by 2010’’. the Secretary) to promote geothermal power portation may award grants to States to develop telecommuting and flexible work (2) OTHER QUALIFIED HYBRID MOTOR VEHI- development, including high- and low-tem- CLES.—Paragraph (3) of section 30B(j) of the perature geothermal power development. scheduling incentives that will reduce traffic congestion in urban areas. Internal Revenue Code of 1986 is amended by (b) AUTHORIZATION OF APPROPRIATIONS.— UTHORIZATION OF APPROPRIATIONS.— inserting ‘‘(December 31, 2012, in the case of There is authorized to be appropriated to (b) A There are authorized to be appropriated a new qualified hybrid motor vehicle which carry out this section $100,000,000. $50,000,000 for fiscal year 2008 to carry out the is recharged by means of an off board de- SEC. 102. OCEAN ENERGY. grant program established under this sec- vice)’’ after ‘‘December 31, 2009’’. (a) IN GENERAL.—The Secretary shall make tion. Any sums appropriated pursuant to this (b) ELIMINATION OF LIMITATION ON NUMBER grants to eligible entities (as determined by subsection shall remain available until ex- OF NEW QUALIFIED HYBRID AND ADVANCED the Secretary) to develop all forms of ocean pended. LEAN BURN TECHNOLOGY VEHICLES ELIGIBLE energy (including wave, current, tidal, and FOR FULL ALTERNATIVE MOTOR VEHICLE TAX TITLE III—TAX CREDITS thermal energy). CREDIT.— (b) AUTHORIZATION OF APPROPRIATIONS.— SEC. 301. EXPANSION OF CREDIT FOR PRODUC- (1) IN GENERAL.—Section 30B of the Inter- There is authorized to be appropriated to TION OF ENERGY FROM CERTAIN nal Revenue Code of 1986 is amended— RENEWABLE RESOURCES. carry out this section $100,000,000. (A) by striking subsection (f); and (a) EXPANSION OF RESOURCES TO WAVE, SEC. 103. PLUG-IN HYBRID ELECTRIC-COMBUS- (B) by redesignating subsections (g) CURRENT, TIDAL, AND OCEAN THERMAL EN- TION ENGINE VEHICLES. through (j), as amended by subsection (a), as ERGY.— (a) IN GENERAL.—The Secretary shall make subsections (f) through (i), respectively. (1) IN GENERAL.—Section 45(c)(1) of the In- (2) CONFORMING AMENDMENTS.— grants to eligible entities (as determined by ternal Revenue Code of 1986 (defining quali- (A) Paragraphs (4) and (6) of section 30B(g) the Secretary) to assist in the development fied energy resources) is amended by strik- of such Code, as redesignated by paragraph of new technology (including storage bat- ing ‘‘and’’ at the end of subparagraph (G), by (1)(B), are each amended by striking ‘‘(deter- teries or other forms of technology) to assist striking the period at the end of subpara- mined without regard to subsection (g))’’ and automobile manufactures in the production graph (H) and inserting ‘‘, and’’, and by add- inserting ‘‘(determined without regard to of plug-in hybrid electric-combustion engine ing at the end the following new subpara- subsection (f))’’. vehicles. graph: (b) AUTHORIZATION OF APPROPRIATIONS.— (B) Section 38(b)(25) of such Code is amend- ‘‘(I) wave, current, tidal, and ocean ther- There is authorized to be appropriated to ed by striking ‘‘section 30B(g)(1)’’ and insert- mal energy.’’ carry out this section $100,000,000. ing ‘‘section 30B(f)(1)’’. (2) DEFINITION OF RESOURCES.—Section 45(c) (C) Section 55(c)(2) of such Code is amended TITLE II—FUEL EFFICIENCY STANDARDS of the Internal Revenue Code of 1986 is by striking ‘‘section 30B(g)(2)’’ and inserting amended by adding at the end the following SEC. 201. TRUTH IN TESTING OF CAFE STAND- ‘‘section 30B(f)(2)’’. ARDS. new paragraph: (D) Section 1016(a)(36) of such Code is (a) TESTING AND CALCULATION PROCE- ‘‘(10) WAVE, CURRENT, TIDAL, AND OCEAN amended by striking ‘‘section 30B(h)(4)’’ and DURES.— THERMAL ENERGY.—The term ‘wave, current, inserting ‘‘section 30B(g)(4)’’. (1) IN GENERAL.—Section 32904(c) of title 49, tidal, and ocean thermal energy’ means elec- (E) Section 6501(m) of such Code is amend- United States Code, is amended by striking tricity produced from any of the following: ed by striking ‘‘section 30B(h)(9)’’ and insert- ‘‘However, except under section 32908 of this ‘‘(A) Free flowing ocean water derived from ing ‘‘section 30B(g)(9)’’. title, the Administrator shall use the same tidal currents, ocean currents, waves, or es- (c) EFFECTIVE DATE.—The amendments procedures for passenger automobiles the tuary currents. made by this section shall apply to property Administrator used for model year 1975 ‘‘(B) Ocean thermal energy. placed in service after December 31, 2005, in (weighted 55 percent urban cycle and 45 per- ‘‘(C) Free flowing water in rivers, lakes, taxable years ending after such date. cent highway cycle),’’ and insert ‘‘In meas- man made channels, or streams.’’ uring fuel economy under this subsection, (3) FACILITIES.—Section 45(d) of the Inter- By Mr. COLEMAN: the Administrator shall use the procedures nal Revenue Code of 1986 is amended by add- described in the final rule relating to fuel ing at the end the following new paragraph: S. 299. A bill to amend the Internal economy labeling published in the Federal ‘‘(11) WAVE, CURRENT, TIDAL, AND OCEAN Revenue Code of 1986 to extend in- Register on December 27, 2006 (71 Fed. Reg. THERMAL FACILITY.—In the case of a facility creased expensing for small businesses; 77,872; to be codified at 40 C.F.R. parts 86 and using resources described in clause (i), (ii), or to the Committee on Finance. 600)’’. (iii) of subsection (c)(10)(A) to produce elec- Mr. COLEMAN. Mr. President, I ask (2) EFFECTIVE DATE.—Paragraph (1) shall tricity, the term ‘qualified facility’ means unanimous consent that the text of my take effect on the date that is 5 years after any facility owned by the taxpayer which is legislation to extend increased expens- the date of the enactment of this Act and originally placed in service after the date of ing for small businesses be printed in shall apply to passenger automobiles manu- the enactment of this paragraph and before factured after such date. January 1, 2009, but such term shall not in- the RECORD. (b) STUDY AND REPORT.— clude a facility which includes impoundment There being no objection, the text of (1) STUDY.—The Administrator of the Na- structures or a small irrigation power facil- the bill was ordered to be printed in tional Highway Traffic Safety Administra- ity.’’ the RECORD, as follows:

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.074 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S599 S. 299 ments that the non-Federal parties are to ensure that all students are able to Be it enacted by the Senate and House of Rep- making to species protection . To that successfully acquire a college edu- resentatives of the United States of America in end, the bill 1. expressly authorizes ap- cation as doing so is essential to our Congress assembled, propriations to cover the Federal share economic prosperity. That is why I SECTION 1. EXTENSION OF INCREASED EXPENS- of the program costs; 2. directs the Sec- have introduced the Non-Traditional ING FOR SMALL BUSINESSES. retary of the Interior to manage and Student Success Act. (a) EXTENSION.—Section 179 of the Internal implement the MSCP in accordance The Non-Traditional Student Success Revenue Code of 1986 (relating to election to Act will tear down the financial bar- expense certain depreciable business assets) with the underlying program docu- is amended by striking ‘‘2010’’ each place it ments; and 3. provides a waiver of sov- riers many non-traditional students appears and inserting ‘‘2011’’. ereign immunity to allow the non-Fed- face when financing their college edu- (b) EFFECTIVE DATE.—The amendment eral parties to enforce, if necessary, cation. By allowing students access to made by this section shall apply to taxable the underlying program documents. their Federal Pell grants year-round years beginning after December 31, 2009. The waiver, however, does not allow an while increasing the maximum Pell action to be brought against the grant award to $12,600 over the next 5 By Mr. KYL (for himself, Mr. EN- United States for money damages. years, this bill will not only help stu- SIGN, Mr. REID, and Mrs. FEIN- Late in 2006, the House Committee on dents pay for college but also allow STEIN): Resources, Subcommittee on Water them the opportunity to complete pro- S. 300. A bill to authorize appropria- and Power held a comprehensive field grams more quickly. This legislation tions for the Bureau of Reclamation to hearing in Arizona on the MSCP Act. also creates a pilot program to provide carry out the Lower Colorado River The hearing highlighted the signifi- more financial aid—grants and loans— Multi-Species Conservation Program in cance of the program to Colorado River to students enrolled in a degree pro- the States of Arizona, California, and users in Arizona, California, and Ne- gram less than half-time. Nevada, and for other purposes; to the vada and demonstrated the strong sup- This legislation will also expand Committee on Energy and Natural Re- port for the legislation. Unfortunately, services that promote retention and sources. Congress adjourned before it could take graduation for non-traditional stu- Mr. KYL. Mr. President, today I am action on the bill. We hope for its swift dents. The Non-Traditional Student pleased to join with Senators ENSIGN, passage in the 110th Congress. Success Act will increase funding for FEINSTEIN and REID to introduce the Student Support Service programs, Lower Colorado River Multi-Species By Mrs. CLINTON (for herself, GEAR–UP, mentoring, tutoring and Conservation Program Act. This bipar- Mr. DURBIN, Ms. MIKULSKI, and other services to help non-traditional tisan legislation is designed to protect Mr. LIEBERMAN): students succeed. While spending for and maintain wildlife habitat on the S. 301. A bill to provide higher edu- remediation among U.S. colleges and lower Colorado River and to provide as- cation assistance for nontraditional universities approaches the $1 billion surances to the affected water and students, and for other purposes; to the mark, this bill create incentives for in- power agencies of Arizona, California, Committee on Finance. stitutions to customize their courses to and Nevada that their river operations Mrs. CLINTON. Mr. President, I rise help students more successfully com- may continue upon compliance with today to introduce legislation to meet plete remedial work and graduate into the underlying program. This bill is the needs of non-traditional college academic programs. nearly identical to legislation I intro- students. If enacted, The Non-Tradi- I am happy to report that two of the tional Student Success Act would ex- duced late last year with Senators EN- provisions from the previously intro- pand services that promote retention SIGN, FEINSTEIN, and REID. duced Nontraditional Student Success and graduation for non-traditional stu- The Lower Colorado River Multi-Spe- Act were enacted into law through the dents. cies Conservation Program, otherwise Deficit Reduction Act of 2005. These The number of non-traditional stu- provisions, expanding the use of Pell known as the MSCP, is a comprehen- dents has been increasing dramatically sive, cooperative effort among 50 Fed- grants for less than half-time students on college campuses all across Amer- and a provision to reduce the work pen- eral and non-Federal entities in Ari- ica. These students face unique chal- zona, California, and Nevada whose alty for independent students, will pro- lenges to completing their degree that vide more options to non-traditional purposes are to 1. protect the lower include affording their education, bal- Colorado River environment while en- students in financing their college edu- ancing work, school, and family re- cation. suring the certainty of existing river sponsibilities, overcoming inadequate water and power operations; 2. protect The fact is, three out of four under- academic preparation, and navigating graduate students—75 percent—are threatened endangered wildlife under the college environment. Unfortu- the Endangered Species Act; and 3. pre- non-traditional in some way. My bill nately, many of our current higher will increase access to a higher edu- vent the listing of additional species on education policies make it harder, not cation and improve the graduate rates the lower Colorado River. easier for these students to complete for the millions of non-traditional stu- To accomplish these goals, the MSCP their degree. dents. will create more than 8,100 acres of ri- In fact, among students seeking a The start of a new Congress brings an parian, marsh, and backwater habitat bachelor’s degree, nearly half of non- opportunity to provide critical changes and implement additional measures to traditional students leave college within higher education and offer assist- protect 26 endangered, threatened and in the first 3 years before completing ance to non-traditional students. This sensitive species. The program covers their studies, compared with 12 percent proposal is endorsed by the Commis- approximately 400 miles, including the of traditional students. Similarly, sion on Independent Colleges and Uni- full-pool elevations of Lake Mead to among those seeking an associate’s de- versities, The Center for Law and So- the United States-Mexico Southerly gree, 62 percent of non-traditional stu- cial Policy, Career Colleges Associa- International Boundary. dents left without any degree, com- tion, and the American Association of The program costs will be spread pared with 19 percent of traditional Community Colleges. over 50 years, and split 50–50 between students. This trend has a dispropor- I am hopeful that my Senate col- the Federal Government and the non- tionate impact on minority commu- leagues from both sides of the aisle will Federal entities covered by MSCP. Ari- nities especially when considering over join in support of this bill and move zona and Nevada will each bear 25 per- 80 percent of both black and Hispanic this legislation to the floor without cent of the non-Federal costs and Cali- undergraduate students are non-tradi- delay. fornia will bear 50 percent of the non- tional in some way. This trend must federal costs. end if we are to ensure that all stu- By Mr. VOINOVICH: Although implementation of the pro- dents are awarded an equal oppor- S. 304. A bill to establish a commis- gram began in April 2005 under the U.S. tunity to compete for jobs in today’s sion to develop legislation designed to Department of the Interior’s existing marketplace. reform tax policy and entitlement ben- authority, legislation is needed to pro- We must take a step forward with a efit programs and to ensure a sound fis- tect the substantial financial commit- positive agenda in the 110th Congress cal future for the United States, and

VerDate Aug 31 2005 03:12 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.067 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S600 CONGRESSIONAL RECORD — SENATE January 16, 2007 for other purposes; to the Committee First, we need fundamental tax regress on the Commission’s legislation on the Budget. form to help make the tax code simple, and the congressional and presidential Mr. VOINOVICH. Mr. President, a fis- fair, transparent, and economically ef- alternatives. cal crisis looms on the horizon. As the ficient. According to the President’s Outside groups across the political Nation’s demographic tide begins to tax panel and the Mack-Breaux report, spectrum have shown support for our shift, a fiscal tidal wave threatens to only 13 percent of taxpayers file with- efforts, as have business executives— overwhelm our economy if we do not out the help of either a tax preparer or who view our efforts as an economic act now. Our irresponsible fiscal poli- computer software program—a func- necessity—and religious leaders—who cies have created a grave situation tion of the complexity of the system. view our efforts as a moral necessity. that more and more people—Repub- Since enacting the Tax Reform Act of And, when you look at the numbers, it licans and Democrats—are coming to 1986—legislation intended to simplify is clear why. We have a moral obliga- recognize. We can no longer sit back the filing process for taxpayers—15,000 tion to improve the fiscal health of our and hope things will work themselves additions have been made to the Inter- Nation. Otherwise, our children and out. A potential national disaster nal Revenue Code. grandchildren are going to celebrate threatens to devastate our way of life, We cannot consider tax reform, how- America’s past and the good old days, and we have a moral responsibility to ever, without reforming our growing rather than the future and the good do something about it. entitlement programs. Our already new days. In the simplest of terms, the Federal massive debt will spike yet higher as Restoring our Nation’s fiscal health Government continues to spend more entitlements such as Social Security, will require hard, bipartisan work and than it brings in. But, running the Medicare, and Medicaid witness a surge tough decisions. That work, however, credit card for today’s needs and leav- of beneficiaries in the form of retiring must begin immediately. We cannot af- ing the bill for future generations Baby Boomers. This mounting debt ford to put it off any longer. should not be the policy of this Con- will soon become a burden our children By Mr. GRASSLEY (for himself, gress. cannot bear, dragging down our stand- Mr. DORGAN, Mr. ENZI, and Mr. An historical perspective helps to ard of living and our standing in the HARKIN): highlight the gravity of our current world. S. 305. A bill to amend the Packers situation. Finally, we must restore the third and Stockyards Act, 1921, to make it The Fiscal Year 2006 budget deficit pillar of our fiscal foundation—the unlawful for a packer to own, feed, or was $248 billion—the seventh largest budget process. Together we can control livestock intended for slaugh- deficit in our Nation’s history. How- streamline the system to help lock in ter; to the Committee on Agriculture, ever, if we don’t include the money long term tax and entitlement reforms. Nutrition, and Forestry. we’re borrowing from the Social Secu- In the past, every major deficit reduc- Mr. GRASSLEY. Mr. President, Con- rity Trust Fund, the Fiscal Year 2006 tion package has included a series of gress will be working on a rewrite of budget deficit was $434 billion. budget process reforms and enforce- the current farm bill during the 110th I arrived in Washington in 1999, and ment mechanisms designed to prevent Congress and I will be looking for ways in the 8 short years since, our national Congress from undoing tough choices to improve the economic condition of debt has increased by over 50 percent in future years. By transforming the America’s farmers. However, one of the from $5.6 trillion to a staggering $8.6 budget process, we can fight back many shortcomings of the 2002 farm trillion. It represents 67 percent of the against the all-too-common practice of bill is that it failed to protect family GDP—the worst number in 50 years. gaming the system. farmers and independent livestock pro- This means that each man, woman, and While some of our colleagues claim ducers from vertical integration in the child in the United States owes $29,000 we need tax reform, others claim we livestock industry. This is one reason of the Federal Government’s debt. need entitlement reform. The bill I am why I voted against the final con- And yet, these numbers pale in com- introducing today, however, is the only ference report. parison with the budget problems bill that does it all—because you can’t Over the years, family farmers from looming in our future as the Baby reform one without the other, or it’s across Iowa have contacted me to ex- Boom generation begins to retire less doomed to fail. press their fears about the threat they than a year from now, on January 1, The Securing America’s Future feel from concentration in the live- 2008. Our long-term fiscal imbalance is Economy Commission Act establishes a stock industry. They fear that if the $50 trillion. That’s hard to even grasp, national, bipartisan commission to ex- trend toward increased concentration but it translates into $440,000 of future amine these broken systems and to continues, they may be unable to com- government debt for every American present solutions to place the nation pete effectively and will not be able to household—up from a mere $175,000 per on a fiscally sustainable course and en- get a fair price for their livestock in household just 6 years ago. sure the solvency of entitlement pro- the marketplace. If we do not sharply curb entitlement grams for future generations. The bill I am introducing would pre- spending, the continual growth of these The Commission will be comprised of vent meat packers from assuming com- programs—especially in healthcare— 16 voting members—an equal number of plete control of the meat supply by will crowd out all our other spending members from each party, with some preventing packers from owning live- obligations and collide with historic, seats reserved for sitting members of stock. long-term level of taxes. To put it in Congress. The Treasury Secretary and This bill would make it unlawful for perspective, balancing the budget with- the OMB Director will be members, and a packer to own or feed livestock in- out reforming entitlement programs the other 14 will be appointed by contended for slaughter. Single pack enti- will require raising taxes to European gressional leaders. ties and packs too small to participate levels. And, that would cripple our in- The Commission will hold town hall in the Mandatory Price Reporting pro- genuity and economy. meetings throughout the country to gram would be excluded from the limi- So, what must be done? determine the scope of the problem and tation. In addition, farmer coopera- Congress must view our tax code, en- consider possible policy options. The tives in which the members own, feed, titlement programs, and budget proc- Commission will present a report—and, or control the livestock themselves ess as the three components—or pil- if a three-fourths majority of the Com- would be exempt under this new bill. lars—of the nation’s fiscal foundation, mission agrees, they will present ac- This is a similar version I success- and not as separate entities. Each is in- tual legislation to Congress. fully offered on the floor during the de- tricately linked to the other two pil- The administration and Congress will bate on the 2002 farm bill. lars. We must reform all three areas to each have 90 days to review the pro- It’s important for our colleagues to raise the necessary revenue to ensure posal and develop an alternative pack- remember that family farmers ulti- effective and responsible behavior by age of reforms if they believe it’s nec- mately derive their income from the Congress and federal agencies, to keep essary. The most important point is agricultural marketplace, not the farm our obligations to future generations, that this legislation uses a fast-track bill. Family farmers have unfortu- and to keep our nation strong. procedure to guarantee a vote in Con- nately been in a position of weakness

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.085 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S601 in selling their product to large proc- ‘‘(1) an arrangement entered into within 7 courage, and who should not be asked essors and in buying their inputs from days (excluding any Saturday or Sunday) be- to risk their lives to become cannon large suppliers. fore slaughter of the livestock by a packer, a fodder in a civil war rife with ethnic Today, the position of the family person acting through the packer, or a per- cleansing. farmer has become weaker as consoli- son that directly or indirectly controls, or is Moreover, I do not believe that the controlled by or under common control with, dation in agribusiness has reached all the packer; authorization provided by Congress in time highs. Farmers have fewer buyers ‘‘(2) a cooperative or entity owned by a co- 2002 gives the President unlimited au- and suppliers than ever before. The re- operative, if a majority of the ownership in- thority to send additional troops to sult is an increasing loss of family terest in the cooperative is held by active co- Iraq for a mission which is completely farms and the smallest farm share of operative members that— different from the one the President the consumer dollar in history. ‘‘(A) own, feed, or control livestock; and himself articulated in March 2002, One hundred years ago, this Nation ‘‘(B) provide the livestock to the coopera- shortly after committing U.S. forces to reacted appropriately to citizen con- tive for slaughter; Iraq. On March 22, 2002, the President cerns about large, powerful companies ‘‘(3) a packer that is not required to report of the United States said that our goal to the Secretary on each reporting day (as by establishing rules constraining such defined in section 212 of the Agricultural in invading Iraq was ‘‘to disarm Iraq of businesses when they achieved a level Marketing Act of 1946 (7 U.S.C. 1635a)) infor- weapons of mass destruction, to end of market power that harmed, or mation on the price and quantity of live- Saddam Hussein’s support for ter- risked harming, the public interest, stock purchased by the packer; or rorism, and to free the Iraqi people.’’ trade and commerce. The United ‘‘(4) a packer that owns 1 livestock proc- We all now know that there were no States Congress enacted the first com- essing plant; or’’. weapons of mass destruction in Iraq to petition laws in the world to make (b) EFFECTIVE DATE.— be disarmed. So we can no longer jus- (1) IN GENERAL.—Subject to paragraph (2), commerce more free and fair. These tify an additional troop presence on the amendments made by subsection (a) take the grounds of WMDs. Saddam Hussein competition laws include the Sherman effect on the date of enactment of this Act. Act, Clayton Act, Federal Trade Com- (2) TRANSITION RULES.—In the case of a is no longer in a position to support mission Act and Packers & Stockyards packer that on the date of enactment of this terrorism, or anything else for that Act. Act owns, feeds, or controls livestock in- matter. As for freeing the Iraqi peo- Since that time, many countries in tended for slaughter in violation of section ple—Iraq’s dictator is dead and the the world have followed this U.S. ex- 202(f) of the Packers and Stockyards Act, Iraqi people have duly elected their ample to constrain undue market 1921 (as amended by subsection (a)), the own leaders to govern them. power in their domestic economies. amendments made by subsection (a) apply to Nothing in the 2002 resolution, or in Unfortunately, competition policy the packer— the President’s articulation of his (A) in the case of a packer of swine, begin- goals for Iraq prior to that resolution has been severely weakened in this ning on the date that is 18 months after the country, especially in agriculture, due date of enactment of this Act; and suggested that the United States to Federal case law, underfunded en- (B) in the case of a packer of any other would, could, or should be engaged in forcement, and unfounded reliance on type of livestock, beginning as soon as prac- trying to referee a civil war. efficiency claims. The result has been a ticable, but not later than 180 days, after the So Congress is confronted with two significant degradation of the domestic date of enactment of this Act, as determined choices—do nothing; or respond deci- agricultural market infrastructure. by the Secretary of Agriculture. sively in opposition to staying the course—a course that is sure to The current situation reflects a tre- By Mr. DODD: mendous mis-allocation of resources produce an even more violent, less sta- S. 308. A bill to prohibit an escalation ble political and security climate in across the food chain. Congress must in United States military forces in Iraq strengthen competition policy within Iraq. without prior authorization by Con- To me, that choice is clear. Leader- the farm sector to reclaim a properly gress; to the Committee on Foreign Re- ship demands that those of us who operating marketplace. lations. think the President is on the wrong While this legislation does not ac- Mr. DODD. Mr. President, last week complish all that we need to do in this track, not simply stand up and say so, President Bush announced a plan to es- but act to stop this escalation from area, it’s an important first step to- calate U.S. military involvement in ward remedying the biggest problem going forward. Iraq, the continuation of his failed pol- I know that enacting legislation to facing farmers today, the problem of icy in Iraq. I am strongly opposed to stop the President from the course he concentration. this course. Thank you Mr. President; I ask unan- has chosen will not be easy. But that That is why I have introduced legis- doesn’t mean that the Congress imous consent the text of the bill be lation today that will prohibit the shouldn’t debate it and vote on it—that printed in the RECORD. number of troops in Iraq from exceed- is exactly what the American people There being no objection, the text ing the current force levels without an was ordered to be printed in the sent us to Congress to do. explicit authorization from Congress. We have arrived at a moment of RECORD, as follows: As of January 16, 2007, United States choice. The President and this Admin- S. 305 Central Command reports 130,500 Amer- istration have chosen escalation—more Be it enacted by the Senate and House of Rep- ican service-members operating within bloodshed, more chaos, and more vio- resentatives of the United States of America in Congress assembled, the borders of Iraq. lence. If the President wants to esca- It is my hope that Congress can begin SECTION 1. PROHIBITION ON PACKERS OWNING, late our military commitment to Iraq, FEEDING, OR CONTROLLING LIVE- debate on my proposal and others that and if the President wants to send STOCK. may be forthcoming before the week is more troops into the center of a civil (a) IN GENERAL.—Section 202 of the Pack- out. It is imperative that we in Con- war, then the President must make ers and Stockyards Act, 1921 (7 U.S.C. 192), is gress act swiftly on this crucial issue. that case to the United States Con- amended— Let’s be very clear, my bill does not gress and let the full Congress vote on (1) by redesignating subsections (f) and (g) prohibit additional funding for Amer- as subsections (g) and (h), respectively; and the merits of such a plan. (2) by inserting after subsection (e) the fol- ican troops who are currently in harms The President has stated that he be- lowing: way. I will continue to do everything lieves that as Commander-in-Chief he ‘‘(f) Own or feed livestock directly, through that I can to support our troops so long has the authority to order troops to a subsidiary, or through an arrangement as they are stationed in Iraq. My bill Iraq in the face of Congressional oppo- that gives the packer operational, manage- would prohibit President Bush from in- sition. We are a Nation of laws. The rial, or supervisory control over the live- creasing the number of U.S. service- President is not above those laws. If stock, or over the farming operation that members in Iraq without prior author- Congress passes legislation to limit the produces the livestock, to such an extent deployment of troops to Iraq, the that the producer is no longer materially ization from Congress. participating in the management of the op- The President’s decision to escalate President will no longer have the lux- eration with respect to the production of the U.S. military involvement is a true dis- ury of ignoring the views of the Con- livestock, except that this subsection shall service to American troops who have gress, a co-equal branch of government. not apply to— shown nothing but professionalism and And the time for a blank check is over.

VerDate Aug 31 2005 02:35 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.087 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S602 CONGRESSIONAL RECORD — SENATE January 16, 2007 By Mr. SANDERS (for himself, fare, and our global environment at The good news is that we know how Mrs. BOXER, Mr. KENNEDY, Mr. stake, we must do nothing short of to stop continued global warming—we MENENDEZ, Mr. LAUTENBERG, taking bold action. To that end, I am simply need the political will to make Mr. LEAHY, Mr. REED, Mr. proud that last week the Vermont it happen. The time is now for bold ac- AKAKA, Mr. INOUYE, Mr. FEIN- state legislature began 3 weeks of hear- tion that will move our country away GOLD, and Mr. WHITEHOUSE): ings on global warming. Like Ameri- from fossil fuels such as coal, gas, and S. 309. A bill to amend the Clean Air cans across the country, they want ac- oil towards efficient, sustainable en- Act to reduce emissions of carbon diox- tion to fight global warming and they ergy sources like wind, solar, bio-mass ide, and for other purposes; to the Com- wish their Federal Government would and hydrogen. The bill I introduce mittee on Environment and Public step up and provide leadership com- today recognizes the urgency of our Works. mensurate with the magnitude of the circumstances and sets targets for re- Mr. SANDERS. Mr. President, today threat. Well, Mr President this bill an- duction of U.S. emissions to help sta- I am introducing the Global Warming swers those pleas for leadership. bilize global atmospheric concentra- Pollution Reduction Act of 2007. There Grassroots support for action on tions of greenhouse gases below 450 are many critically important issues global warming is clear. Over 300 may- parts per million, a critical level as that we face, including education, ors have committed their cities to recognized by leading climate sci- health care, the growing and inexcus- meeting the standards described in the entists. More specifically, this legisla- able economic inequality in this coun- Kyoto Protocol. In fact, with over 54 tion calls for an 80 percent decrease— try, and the situation in Iraq. Among million citizens represented, the U.S. compared to 1990 levels—in global these issues has to be the threat faced Mayors Climate Protection Agreement warming pollutants by 2050 by enacting by the earth itself due to global warm- provides clear evidence that everyday a combination of mandatory reduction ing and that is why this legislation is citizens—unlike some large corpora- targets and incentives that will help the first bill that I am introducing as a tions who have continually misrepre- develop clean alternative energies. U.S. Senator. sented the science of global warming— The concept is simple. By putting our The Global Warming Pollution Re- want to see movement on this issue. minds to it, we can usher in a new era duction Act, the full text of which I Additionally, a group of northeast of nonpolluting, renewable energy ask be included in the RECORD fol- States, including Maine, Connecticut, sources. And, what makes this proposal lowing my remarks, was initially in- Delaware, New Hampshire, New Jersey, even more exciting is its potential to troduced last year by the Senator New York, and Vermont, have already reshape our economy and make the whose seat I currently hold, Senator implemented a regional effort to re- United States a leader in clean and ef- Jim Jeffords. Jim’s leadership in offer- duce greenhouse gas emissions and ficient energy technologies—creating ing a forwardthinking global warming other northeastern States, such as millions of good paying jobs in the bill is known by all in this chamber Maryland and Massachusetts, are like- process. and I am honored to continue his ef- ly to join this group soon. And, we all In fact, it is a lack of bold vision that forts by introducing this tremen- know that the State of California has will financially cost us. In October of dously-important legislation today. recognized the need to act on global 2006, Sir Nicholas Stern, a former chief This bill, is being cosponsored by warming and is moving forward with a economist of the World Bank, turned many of my esteemed colleagues and I tremendous program. the old economic arguments against would like to recognize them this Despite the increasing calls for ac- taking action on climate change on morning: Senator BOXER, chairman of tion, for years, the Bush administra- their head. In a report to the British the Environment and Public Works tion has turned a deaf ear as the sci- government, he writes that bold action Committee; the Senior Senator from entific community warned us of the to combat the threat of global warming the great state of Vermont, Mr. LEAHY; problem of global warming and the dis- will in fact save industrial nations both Senators from New Jersey, Mr. astrous impact it will have on our money and that inaction could cost be- LAUTENBERG and Mr. MENENDEZ; Sen- planet. Sadly, many of these pre- tween 5 to 20 percent of global gross do- ators REED and WHITEHOUSE, both from dictions are now becoming a reality. mestic product. Speaking to the issue Rhode Island; the Senate delegation Global concentrations of greenhouse in no uncertain terms, the report from the State of Hawaii, Senators gases are incredibly high. In fact, the states, ‘‘If no action is taken we will be INOUYE and AKAKA; and Senator FEIN- atmospheric concentration of green- faced with the kind of downturn that GOLD of Wisconsin and Senator KEN- house gases has risen to 378 parts per has not been seen since the great de- NEDY of Massachusetts. I appreciate million—a level unseen during anytime pression and the two world wars.’’ the support of these colleagues in fo- over the past 400,000 years. Addition- To be quite frank, the time for talk cusing attention on the most impor- ally, on a global scale, 8 of the 10 years is over. It is time for action and intro- tant environmental issue of our time between 1996 and the end of 2005 are duction of this bill signals my commit- and urge my other colleagues to join in among the warmest 10 years on record ment to pushing for such action. this effort. and experts at the National Oceanic While I ask unanimous consent that I am also proud that the Global and Atmospheric Administration have Senator Jeffords’ full statement from Warming Pollution Reduction Act has just logged 2006 as the hottest year on last year on this important bill be in- the support of numerous national record for the U.S. Also, the National cluded following my remarks, I want to groups, including the Earth Day Net- Center for Atmospheric Research sug- read two excerpts from those remarks: work, Earthjustice, Environmental De- gests that the majority of the ice caps Global warming is real and it is already fense, Environmental & Energy Study of the Arctic Ocean will melt by the happening. Its effects are being felt across Institute, Friends of the Earth, summer of 2040—decades earlier than the globe and the longer we delay, the more severe these effects will be. Greenpeace, League of Conservation previously expected. And, the situation Voters, National Audubon Society, Na- has become so dramatic that the De- He went on to say, tional Environmental Trust, National partment of the Interior recently sug- In my final year in the Senate, I have often Wildlife Federation, Natural Resources gested listing polar bears on the endan- asked myself, ‘‘What lasting actions can I take to make the world a better place?’’ I Defense Council, Physicians for Social gered species list because their habitat hope that by proposing real action on cli- Responsibility, Public Citizen, Sierra is quite literally disappearing. We are mate change, and passing the torch to a new Club, Union of Concerned Scientists, also told to expect changes in agri- generation of those committed to protecting and US PIRG. culture and water systems, new threats the environment, that I can help make a dif- The Global Warming Pollution Re- to our health, and more extreme ference for us all. duction Act is based on the scientific weather patterns including more in- I couldn’t be more honored to carry evidence and consensus that global tense hurricanes. All of this is due to on Senator Jeffords’ vision on behalf of warming poses a significant threat to global warming caused by the carbon Vermonters and all Americans. the United States and the world. In dioxide and other greenhouse gases In closing, a country that represents fact, with our national security, our that are released into our atmosphere only 6 percent of the world’s popu- economy, our public health and wel- when we burn fossil fuels. lation but produces 25 percent of its

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If we were to take the ac- and subsurface ocean temperatures to rise; the right path to do so. tions suggested in this bill, we would find ‘‘(3) as of the date of enactment of this I ask unanimous consent that the that we would enhance our energy independ- title, atmospheric concentrations of carbon material be printed in the RECORD. ence, and we would become a world leader in dioxide are 35 percent higher than those con- There being no objection, the mate- clean energy technologies. American innova- centrations were 150 years ago, at 378 parts rial was ordered to be printed in the tion can position us as the world leader in per million compared to 280 parts per mil- clean technologies. RECORD, as follows: lion; In my final year in the Senate, I have often ‘‘(4) the United States emits more global STATEMENT OF SENATOR JEFFORDS, JULY 20, asked myself ‘‘What lasting actions can I warming pollutants than any other country, 2006 take to make the world a better place?’’ I and United States carbon dioxide emissions Mr. President, I rise to introduce the Glob- hope that by proposing real action on cli- have increased by an average of 1.3 percent al Warming Pollution Reduction Act of 2006. mate change, and passing the torch to a new annually since 1990; One of the most important issues facing generation of those committed to protecting ‘‘(5)(A) during the past 100 years, global mankind is the problem of global warming. the environment, that I can help make a dif- temperatures have risen by 1.44 degrees ference for us all. Global warming is upon us Global warming is real and it is already hap- Fahrenheit; and now. The question is, can we take action pening. Its effects are being felt across the ‘‘(B) from 1970 to the present, those tem- now, before it is too late? globe and the longer we delay, the more se- peratures have risen by almost 1 degree We know what we need to do, we know how vere these effects will be. The broad con- Fahrenheit; much we must reduce, and we have the tech- sensus within the scientific community is ‘‘(6) 8 years during the 10-year period be- nology to do so. The question for this body that global warming has begun, is largely ginning January 1, 1996, and ending Decem- is, do we have the political will? Can we the result of human activity, and is accel- ber 31, 2005, were among the 10 warmest overcome our fears and insecurity and act erating. Atmospheric greenhouse gas con- years on record; decisively to combat global warming? That centrations have risen to 378 parts per mil- ‘‘(7) average temperatures in the Arctic lion, nearly one third above pre-industrial is the opportunity and challenge of the coming years, which my bill on global warming have increased by 4 to 7 degrees Fahrenheit levels and higher than at any time during during the past 50 years; the past 400,000 years. Projections indicate seeks to address. I urge my colleagues to join me in the quest for a better, safer world that ‘‘(8) global warming has caused— that stabilizing concentrations at 450 parts ‘‘(A) ocean temperatures to increase, re- per million would still mean a temperature is free of the enormous threat posed by dangerous global warming. I urge my colleagues sulting in rising sea levels, extensive bleach- increase of two to four degrees Fahrenheit. ing of coral reefs worldwide, and an increase Such warming will result in more extreme to support this important piece of legislation. in the intensity of tropical storms; weather, increased flooding and drought, dis- ‘‘(B) the retreat of Arctic sea ice by an av- ruption of agricultural and water systems, S. 309 erage of 9 percent per decade since 1978; threats to human health and loss of sensitive ‘‘(C) the widespread thawing of permafrost species and ecosystems. Be it enacted by the Senate and House of Rep- in polar, subpolar, and mountainous regions; resentatives of the United States of America in In order to prevent and minimize these ef- ‘‘(D) the redistribution and loss of species; fects, we must take global actions to address Congress assembled, and this issue as soon as possible. We owe that to SECTION 1. SHORT TITLE. ‘‘(E) the rapid shrinking of glaciers; ourselves and to future generations. This Act may be cited as the ‘‘Global ‘‘(9) the United States must adopt a com- The overwhelming majority of Americans Warming Pollution Reduction Act’’. prehensive and effective national program of support taking some form of action on cli- SEC. 2. GLOBAL WARMING POLLUTION EMISSION mandatory limits and incentives to reduce mate change. I am today introducing the REDUCTIONS. global warming pollution emissions into the Global Warming Pollution Reduction Act, The Clean Air Act (42 U.S.C. 7401 et seq.) is atmosphere; which I believe responds to that call. I be- amended by adding at the end the following: ‘‘(10) at the current rate of emission, global lieve this is the most far reaching and for- warming pollution concentrations in the at- ward thinking climate change bill ever in- ‘‘TITLE VII—COMPREHENSIVE GLOBAL mosphere could reach more than 600 parts troduced. It sets a goal of an 80% reduction WARMING POLLUTION REDUCTIONS in global warming pollutants by 2050. It pro- ‘‘Sec. 701. Findings. per million in carbon dioxide equivalent, and vides a roadmap for actions that we will need ‘‘Sec. 702. Purposes. global average mean temperature could rise to take over the next few decades to combat ‘‘Sec. 703. Definitions. an additional 2.7 to 11 degrees Fahrenheit, by global warming. I believe that if this bill ‘‘Sec. 704. Global warming pollution emis- the end of the century; were passed, it would put us on the path to sion reductions. ‘‘(11) although an understanding of all de- potentially solving the global warming prob- ‘‘Sec. 705. Conditions for accelerated global tails of the Earth system is not yet com- lem. If it were passed, we would reshape our warming pollution emission re- plete, present knowledge indicates that po- economy to become more energy inde- duction. tential future temperature increases could pendent, cleaner and more economically ‘‘Sec. 706. Use of allowances for transition result in— competitive. If it were passed, we would have assistance and other purposes. ‘‘(A) the further or complete melting of the a chance of avoiding some of the worst and ‘‘Sec. 707. Vehicle emission standards. Antarctic and Greenland ice sheets; most dangerous effects of global warming. If ‘‘Sec. 708. Emission standards for electric ‘‘(B) the disruption of the North-Atlantic it were passed, we would be in a position to generation units. Thermohaline Circulation (commonly known negotiate with other countries as part of the ‘‘Sec. 709. Low-carbon generation require- as the ‘Gulf Stream’); global solution. ment. ‘‘(C) the extinction of species; and Some will say that this bill imposes re- ‘‘Sec. 710. Geological disposal of global ‘‘(D) large-scale disruptions of the natural quirements that ask too much of industry. warming pollutants. systems that support life; Some will say that this bill contains require- ‘‘Sec. 711. Research and development. ‘‘(12) there exists an array of technological ments that we cannot easily meet. I say first ‘‘Sec. 712. Energy efficiency performance options for use in reducing global warming of all that the costs of inaction vastly out- standard. pollution emissions, and significant reduc- weigh the costs of action, and that we have ‘‘Sec. 713. Renewable portfolio standard. tions can be attained using a portfolio of op- a responsibility to future generations not to ‘‘Sec. 714. Standards to account for biologi- tions that will not adversely impact the leave the earth far worse off than when we cal sequestration of carbon. economy; found it—with a fundamentally altered cli- ‘‘Sec. 715. Global warming pollution report- ‘‘(13) the ingenuity of the people of the mate system. Temperature changes, sea ing. United States will allow the Nation to be- level rise, hurricanes, floods and droughts ‘‘Sec. 716. Clean energy technology deploy- come a leader in solving global warming; and can affect food production, national security, ment in developing countries. ‘‘(14) it should be a goal of the United the spread of disease and the survival of en- ‘‘Sec. 717. Paramount interest waiver. States to achieve a reduction in global dangered species. These are not things to tri- ‘‘Sec. 718. Effect on other law. warming pollution emissions in the United fle with on the basis of industry cost esti- ‘‘SEC. 701. FINDINGS. States— mates, which have frequently been over- ‘‘Congress finds that— ‘‘(A) to ensure that the average global tem- stated. ‘‘(1) global warming poses a significant perature does not increase by more than 3.6 But perhaps more importantly, we can act threat to the national security and economy degrees Fahrenheit (2 degrees Celsius); and to reduce global warming. We can reduce of the United States, public health and wel- ‘‘(B) to facilitate the achievement of an av- emissions to 1990 levels between now and 2020 fare, and the global environment; erage global atmospheric concentration of

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global warming pollutants that does not ex- ‘‘(5) GLOBAL WARMING POLLUTION.—The ‘‘(d) ACCELERATED EMISSION REDUCTION ceed 450 parts per million in carbon dioxide term ‘global warming pollution’ means any MILESTONES.—If an NAS report determines equivalent. combination of 1 or more global warming that any of the events described in section ‘‘SEC. 702. PURPOSES. pollutants emitted into the ambient air or 705(a)(2) have occurred, or are more likely ‘‘The purposes of this title are— atmosphere. than not to occur in the foreseeable future, ‘‘(1) to achieve a reduction in global warm- ‘‘(6) MARKET-BASED PROGRAM.—The term not later than 2 years after the date of coming pollution emissions compatible with en- ‘market-based program’ means a program pletion of the NAS report, the Adminis- suring that— that places an absolute limit on the aggre- trator, after an opportunity for public notice ‘‘(A) the average global temperature does gate net global warming pollution emissions and comment and taking into account the not increase by more than 3.6 degrees Fahr- of 1 or more sectors of the economy of the new information reported in the NAS report, enheit (2 degrees Celsius) above the United States, while allowing the transfer or may adjust the milestones under this section preindustrial average; and sale of global warming pollution emission al- and promulgate any rules that are nec- ‘‘(B) total average global atmospheric con- lowances. essary— centrations of global warming pollutants do ‘‘(7) NAS REPORT.—The term ‘NAS report’ ‘‘(1) to reduce the aggregate net levels of global warming pollution emissions from the not exceed 450 parts per million in carbon di- means a report completed by the Academy United States on an accelerated schedule; oxide equivalent; under subsection (a) or (b) of section 705. and ‘‘(2) to reduce by calendar year 2050 the ag- ‘‘SEC. 704. GLOBAL WARMING POLLUTION EMIS- ‘‘(2) to minimize the effects of rapid cli- gregate net level of global warming pollution SION REDUCTIONS. mate change and achieve the goals of this emissions of the United States to a level ‘‘(a) EMISSION REDUCTION GOAL.—Congress title. that is 80 percent below the aggregate net declares that— ‘‘(1) it shall be the goal of the United ‘‘(e) REPORT ON ACHIEVEMENT OF MILE- level of global warming pollution emissions States, acting in concert with other coun- STONES.—If an NAS report determines that a for calendar year 1990; tries that emit global warming pollutants, to milestone under paragraph (1) or (2) of sub- ‘‘(3) to allow for an acceleration of reduc- achieve a reduction in global warming pollu- section (c) cannot be achieved because of tions in global warming pollution emissions tion emissions— technological infeasibility, the Adminis- to prevent— ‘‘(A) to ensure that the average global tem- trator shall submit to Congress a notifica- ‘‘(A) average global temperature from in- perature does not increase by more than 3.6 tion of that determination. creasing by more than 3.6 degrees Fahrenheit degrees Fahrenheit (2 degrees Celsius); and ‘‘(f) EMISSION REDUCTION POLICIES.— (2 degrees Celsius) above the preindustrial ‘‘(B) to facilitate the achievement of an av- ‘‘(1) IN GENERAL.—In implementing sub- average; or erage global atmospheric concentration of sections (a) through (e), the Administrator ‘‘(B) global atmospheric concentrations of global warming pollutants that does not ex- may establish 1 or more market-based pro- global warming pollutants from exceeding ceed 450 parts per million in carbon dioxide grams. 450 parts per million; equivalent; and ‘‘(2) MARKET-BASED PROGRAM POLICIES.— ‘‘(4) to establish a motor vehicle global ‘‘(2) in order to achieve the goal described ‘‘(A) IN GENERAL.—In implementing any warming pollution emission requirement; in paragraph (1), the United States shall re- market-based program, the Administrator ‘‘(5) to require electric generation units to duce the global warming pollution emissions shall allocate to households, communities, meet a global warming pollution emission of the United States by a quantity that is and other entities described in section 706(a) standard; proportional to the share of the United any global warming pollution emission al- ‘‘(6) to establish rules for the safe geologi- States of the reductions that are necessary— lowances that are not allocated to entities cal sequestration of carbon dioxide; ‘‘(A) to ensure that the average global tem- covered under the emission limitation. ‘‘(7) to encourage energy efficiency and the perature does not increase more than 3.6 de- ‘‘(B) RECOGNITION OF EMISSION REDUCTIONS use of renewable energy by establishing a re- grees Fahrenheit (2 degrees Celsius); and MADE IN COMPLIANCE WITH STATE AND LOCAL newable portfolio standard and an energy ef- ‘‘(B) to stabilize average global warming LAWS.—A market-based program may recog- ficiency portfolio standard; pollution concentrations globally at or below nize reductions of global warming pollution ‘‘(8) to provide for research relating to, and 450 parts per million in carbon dioxide equiv- emissions made before the effective date of development of, the technologies to control alent. the market-based program if the Adminis- global warming pollution emissions; ‘‘(b) EMISSION REDUCTION MILESTONES FOR trator determines that— ‘‘(9) to position the United States as the 2020.— ‘‘(i)(I) the reductions were made in accord- world leader in reducing the risk of the po- ‘‘(1) IN GENERAL.—To achieve the goal de- ance with a State or local law; tentially devastating, wide-ranging impacts scribed in subsection (a)(1), not later than 2 ‘‘(II) the State or local law is at least as associated with global warming; and years after the date of enactment of this stringent as the rules established for the ‘‘(10) to promote, through leadership by the title, after an opportunity for public notice market-based program under paragraph (1); United States, accelerated reductions in and comment, the Administrator shall pro- and global warming pollution from other coun- mulgate any rules that are necessary to re- ‘‘(III) the reductions are at least as tries with significant global warming pollu- duce, by not later than January 1, 2020, the verifiable as reductions made in accordance tion emissions. aggregate net levels of global warming pollu- with those rules; or ‘‘SEC. 703. DEFINITIONS. tion emissions of the United States to the ‘‘(ii) for any given entity subject to the ‘‘In this title: aggregate net level of those global warming market-based program, the entity dem- ‘‘(1) ACADEMY.—The term ‘Academy’ means pollution emissions during calendar year onstrates that the entity has made entity- the National Academy of Sciences. 1990. wide reductions of global warming pollution ‘‘(2) CARBON DIOXIDE EQUIVALENT.—The ‘‘(2) ACHIEVEMENT OF MILESTONES.—To the emissions before the effective date of the term ‘carbon dioxide equivalent’ means, for maximum extent practicable, the reductions market-based program, but not earlier than each global warming pollutant, the quantity described in paragraph (1) shall be achieved calendar year 1992, that are at least as of the global warming pollutant that makes through an annual reduction in the aggre- verifiable as reductions made in accordance the same contribution to global warming as gate net level of global warming pollution with the rules established for the market- 1 metric ton of carbon dioxide, as determined emissions of the United States of approxi- based program under paragraph (1). by the Administrator, taking into account mately 2 percent for each of calendar years ‘‘(C) PUBLICATION.—If the Administrator the study and report described in section 2010 through 2020. determines that it is necessary to establish a 705(a). ‘‘(c) EMISSION REDUCTION MILESTONES FOR market-based program, the Administrator ‘‘(3) FACILITY.—The term ‘facility’ means 2030, 2040, AND 2050.—Except as described in shall publish notice of the determination in all buildings, structures, or installations subsection (d), not later than January 1, 2018, the Federal Register. that are— after an opportunity for public notice and ‘‘(D) LIMITATIONS ON MARKET-BASED PRO- ‘‘(A) located on 1 or more contiguous or ad- comment, the Administrator shall promul- GRAMS.— jacent properties under common control of gate any rules that are necessary to reduce ‘‘(i) DEFINITIONS.—In this subparagraph: the same persons; and the aggregate net levels of global warming ‘‘(I) ANNUAL ALLOWANCE PRICE.—The term ‘‘(B) located in the United States. pollution emissions of the United States— ‘annual allowance price’ means the average ‘‘(4) GLOBAL WARMING POLLUTANT.—The ‘‘(1) by calendar year 2030, by 1⁄3 of 80 per- market price of global warming pollution term ‘global warming pollutant’ means— cent of the aggregate net level of global emission allowances for a calendar year. ‘‘(A) carbon dioxide; warming pollution emissions of the United ‘‘(II) DECLINING EMISSIONS CAP WITH A TECH- ‘‘(B) methane; States during calendar year 1990; NOLOGY-INDEXED STOP PRICE.—The term ‘de- ‘‘(C) nitrous oxide; ‘‘(2) by calendar year 2040, by 2⁄3 of 80 per- clining emissions cap with a technology-in- ‘‘(D) hydrofluorocarbons; cent of the aggregate net level of the global dexed stop price’ means a feature of a mar- ‘‘(E) perfluorocarbons; warming pollution emissions of the United ket-based program for an industrial sector, ‘‘(F) sulfur hexafluoride; and States during calendar year 1990; and or on an economy-wide basis, under which ‘‘(G) any other anthropogenically-emitted ‘‘(3) by calendar year 2050, by 80 percent of the emissions cap declines by a fixed per- gas that the Administrator, after notice and the aggregate net level of global warming centage each calendar year or, during any comment, determines to contribute to global pollution emissions of the United States dur- year in which the annual allowance price ex- warming. ing calendar year 1990. ceeds the technology-indexed stop price, the

VerDate Aug 31 2005 04:18 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.094 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S605 emissions cap remains the same until the oc- logically infeasible’, with respect to a tech- emissions, in addition to the events de- currence of the earlier of— nology, means that the technology— scribed in subsection (a)(2); and ‘‘(aa) the date on which the annual allow- ‘‘(A) will not be demonstrated beyond lab- ‘‘(4) such other information as the Acad- ance price no longer exceeds the technology- oratory-scale conditions; emy determines to be appropriate. indexed stop price; or ‘‘(B) would be unsafe; ‘‘SEC. 706. USE OF ALLOWANCES FOR TRANSI- ‘‘(bb) the date on which a period of 3 years ‘‘(C) would not reliably reduce global TION ASSISTANCE AND OTHER PUR- has elapsed during which the emissions cap warming pollution emissions; or POSES. has remained unchanged. ‘‘(D) would prevent the activity to which ‘‘(a) REGULATIONS GOVERNING ALLOCATION ‘‘(III) EMISSIONS CAP.—The term ‘emissions the technology applies from meeting or per- OF ALLOWANCES FOR TRANSITION ASSISTANCE cap’ means the total number of global warm- forming its primary purpose (such as gener- TO INDIVIDUALS AND ENTITIES.— ing pollution emission allowances issued for ating electricity or transporting goods or in- ‘‘(1) IN GENERAL.—In implementing any a calendar year. dividuals). market-based program, the Administrator ‘‘(IV) TECHNOLOGY-INDEXED STOP PRICE.— ‘‘(2) REPORTS.—The Administrator shall may promulgate regulations providing for The term ‘technology-indexed stop price’ offer to enter into a contract with the Acad- the allocation of global warming pollution means a price per ton of global warming pol- emy under which the Academy, not later emission allowances to the individuals and lution emissions determined annually by the than 2 years after the date of enactment of entities, or for the purposes, specified in sub- Administrator that is not less than the tech- this title and every 3 years thereafter, shall section (b). nology-specific average cost of preventing submit to Congress and the Administrator a ‘‘(2) REQUIREMENTS.—Regulations promul- the emission of 1 ton of global warming pol- report that describes or analyzes— gated under paragraph (1) may, as the Ad- lutants through commercial deployment of ‘‘(A) the status of current global warming ministrator determines to be necessary, pro- any available zero-carbon or low-carbon pollution emission reduction technologies, vide for the appointment of 1 or more trust- technologies. With respect to the electricity including— ees— sector, those technologies shall consist of— ‘‘(i) technologies for capture and disposal ‘‘(A) to receive emission allowances for the ‘‘(aa) wind-generated electricity; of global warming pollutants; benefit of households, communities, and ‘‘(bb) photovoltaic-generated electricity; ‘‘(ii) efficiency improvement technologies; other entities described in paragraph (1); ‘‘(cc) geothermal energy; ‘‘(iii) zero-global-warming-pollution-emit- ‘‘(B) to sell the emission allowances at fair ‘‘(dd) solar thermally-generated energy; ting energy technologies; and market value; and ‘‘(ee) wave-based forms of energy; ‘‘(iv) above- and below-ground biological ‘‘(C) to distribute the proceeds of any sale ‘‘(ff) any fossil fuel-based electric gener- sequestration technologies; of emission allowances to the appropriate ating technology emitting less than 250 ‘‘(B) whether any of the requirements beneficiaries. pounds per megawatt hour; and under this title (including regulations pro- ‘‘(gg) any zero-carbon-emitting electric mulgated under this title) mandate a level of ‘‘(b) ALLOCATION FOR TRANSITION ASSIST- generating technology that does not gen- emission control or reduction that, based on ANCE.—The Administrator may allocate erate radioactive waste. available or expected technology, will be emission allowances, in accordance with regulations promulgated under subsection (a), ‘‘(ii) IMPLEMENTATION.—In implementing technologically infeasible at the time at any market-based program under this Act, which the requirements become effective; to— for the period prior to January 1, 2020, the ‘‘(C) the projected date on which any tech- ‘‘(1) communities, individuals, and compa- Administrator shall consider the impact on nology determined to be technologically in- nies that have experienced disproportionate the economy of the United States of imple- feasible will become technologically feasible; adverse impacts as a result of— menting the program with a declining emis- ‘‘(D) whether any technology determined ‘‘(A) the transition to a lower carbon-emit- sions cap through the use of a technology-in- to be technologically infeasible cannot rea- ting economy; or dexed stop price. sonably be expected to become techno- ‘‘(B) global warming; ‘‘(2) owners and operators of highly energy- ‘‘(iii) OTHER EMITTING SECTORS.—The Ad- logically feasible prior to calendar year 2050; ministrator may consider the use of a declin- and efficient buildings, including— ing emissions cap with a technology-indexed ‘‘(E) the costs of available alternative ‘‘(A) residential users; stop price, or similar approaches, for other global warming pollution emission reduction ‘‘(B) producers of highly energy-efficient emitting sectors based on low-carbon or strategies that could be used or pursued in products; and zero-carbon technologies, including— lieu of any technologies that are determined ‘‘(C) entities that carry out energy-effi- ‘‘(I) biofuels; to be technologically infeasible. ciency improvement projects pursuant to section 712 that result in consumer-side re- ‘‘(II) hydrogen power; and ‘‘(3) REPORT EVALUATING 2050 MILESTONE.— ‘‘(III) other sources of energy and transpor- Not later than December 31, 2037, the Admin- ductions in electricity use; tation fuel. istrator shall offer to enter into a contract ‘‘(3) entities that will use the allowances for the purpose of carrying out geological se- ‘‘(g) COST-EFFECTIVENESS.—In promul- with the Academy under which, not later questration of carbon dioxide produced by an gating regulations under this section, the than December 31, 2039, the Academy shall anthropogenic global warming pollution Administrator shall select the most cost-ef- prepare and submit to Congress and the Ad- emission source in accordance with require- fective options for global warming pollution ministrator a report on the appropriateness ments established by the Administrator; control and emission reduction strategies. of the milestone described in section ‘‘(4) such individuals and entities as the ‘‘SEC. 705. CONDITIONS FOR ACCELERATED 704(c)(3), taking into consideration— ‘‘(A) information that was not available as Administrator determines to be appropriate, GLOBAL WARMING POLLUTION for use in carrying out projects to reduce net EMISSION REDUCTION. of the date of enactment of this title; and carbon dioxide emissions through above- ‘‘(a) REPORT ON GLOBAL CHANGE EVENTS BY ‘‘(B) events that have occurred since that date relating to— ground and below-ground biological carbon THE ACADEMY.— dioxide sequestration (including sequestra- ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(i) climate change; ‘‘(ii) climate change technologies; and tion in forests, forest soils, agricultural offer to enter into a contract with the Acad- soils, rangeland, or grassland in the United emy under which the Academy, not later ‘‘(iii) national and international climate change commitments. States); than 2 years after the date of enactment of ‘‘(5) such individuals and entities (includ- this title, and every 3 years thereafter, shall ‘‘(c) ADDITIONAL ITEMS IN NAS REPORT.—In ing fish and wildlife agencies) as the Admin- submit to Congress and the Administrator a addition to the information described in sub- istrator determines to be appropriate, for use report that describes whether any of the section (a)(1) that is required to be included in carrying out projects to protect and re- events described in paragraph (2)— in the NAS report, the Academy shall in- store ecosystems (including fish and wildlife) ‘‘(A) have occurred or are more likely than clude in the NAS report— affected by climate change; and not to occur in the foreseeable future; and ‘‘(1) an analysis of the trends in annual ‘‘(6) manufacturers producing consumer ‘‘(B) in the judgment of the Academy, are global warming pollution emissions by the products that result in substantially reduced the result of anthropogenic climate change. United States and the other countries that global warming pollution emissions, for use ‘‘(2) EVENTS.—The events referred to in collectively account for more than 90 per- in funding rebates for purchasers of those paragraph (1) are— cent of global warming pollution emissions products. ‘‘(A) the exceedance of an atmospheric con- (including country-specific inventories of centration of global warming pollutants of global warming pollution emissions and fa- ‘‘SEC. 707. VEHICLE EMISSION STANDARDS. 450 parts per million in carbon dioxide equiv- cility-specific inventories of global warming ‘‘(a) VEHICLES UNDER 10,000 POUNDS.— alent; and pollution emissions in the United States); ‘‘(1) IN GENERAL.—Not later than January ‘‘(B) an increase of global average tempera- ‘‘(2) an analysis of the trends in global 1, 2010, the Administrator shall promulgate tures in excess of 3.6 degrees Fahrenheit (2 warming pollution concentrations (including regulations requiring each fleet of auto- degrees Celsius) above the preindustrial av- observed atmospheric concentrations of mobiles sold by a manufacturer in the erage. global warming pollutants); United States beginning in model year 2016 ‘‘(b) TECHNOLOGY REPORTS.— ‘‘(3) a description of actual and projected to meet the standards for global warming ‘‘(1) DEFINITION OF TECHNOLOGICALLY INFEA- global change impacts that may be caused by pollution emissions described in paragraph SIBLE.—In this subsection, the term ‘techno- anthropogenic global warming pollution (2).

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‘‘(2) EMISSION STANDARDS.—The average ‘‘SEC. 708. EMISSION STANDARDS FOR ELECTRIC carbon generation, as specified in the fol- global warming pollution emissions of a ve- GENERATION UNITS. lowing table: hicle fleet described in paragraph (1) shall ‘‘(a) INITIAL STANDARD.— Minimum annual not exceed— ‘‘(1) IN GENERAL.—Not later than 2 years ‘‘Calendar year: percentage: ‘‘(A) 205 carbon dioxide equivalent grams after the date of enactment of this title, the 2015 ...... 0.5 per mile for automobiles with— Administrator shall, by regulation, require 2016 ...... 1.0 ‘‘(i) a gross vehicle weight of not more each unit that is designed and intended to 2017 ...... 2.0 than 8,500 pounds; and provide electricity at a unit capacity factor 2018 ...... 3.0 2019 ...... 4.0 ‘‘(ii) a loaded vehicle weight of not more of at least 60 percent and that begins oper- 2020 ...... 5.0 than 3,750 pounds; ation after December 31, 2011, to meet the ‘‘(B) 332 carbon dioxide equivalent grams standard described in paragraph (2). ‘‘(2) CALENDAR YEARS 2021 THROUGH 2025.— per mile for— ‘‘(2) STANDARD.—Beginning on December For each of calendar years 2021 through 2025, ‘‘(i) automobiles with— 31, 2015, a unit described in paragraph (1) the Administrator may increase the min- ‘‘(I) a gross vehicle weight of not more shall meet a global warming pollution emis- imum percentage of the base quantity of than 8,500 pounds; and sion standard that is not higher than the electricity from low-carbon generation de- ‘‘(II) a loaded vehicle weight of more than emission rate of a new combined cycle nat- scribed in paragraph (1) by up to 2 percent- 3,750 pounds; and ural gas generating unit. age points from the previous year, as the Ad- ‘‘(ii) medium-duty passenger vehicles; and ‘‘(3) MORE STRINGENT REQUIREMENTS.—For ministrator determines to be necessary to ‘‘(C) 405 carbon dioxide equivalent grams the period beginning on January 1 of the cal- achieve the emission reduction goal de- per mile for vehicles— endar year following the effective date of the scribed in section 704(a)(1). ‘‘(i) with a gross vehicle weight of between regulation described in paragraph (1) and ‘‘(3) CALENDAR YEARS 2026 THROUGH 2030.— 8,501 pounds and 10,000 pounds; and ending on December 31, 2029, the Adminis- For each of calendar years 2026 through 2030, ‘‘(ii) that are not medium-duty passenger trator may increase the stringency of the the Administrator may increase the min- vehicles. global warming pollution emission standard imum percentage of the base quantity of ‘‘(3) HEIGHTENED STANDARDS.—After model described in paragraph (1) with respect to electricity from low-carbon generation de- year 2016, the Administrator may promul- electric generation units described in that scribed in paragraph (1) by up to 3 percent- gate regulations that increase the stringency paragraph. age points from the previous year, as the Ad- of emission standards described in paragraph ‘‘(b) FINAL STANDARD.—Not later than De- ministrator determines to be necessary to (2) as necessary to meet the emission reduc- cember 31, 2030, the Administrator shall re- achieve the emission reduction goal de- tion goal described in section 704(e)(3). quire each electric generation unit, regard- scribed in section 704(a)(1). less of when the unit began to operate, to ‘‘(c) MEANS OF COMPLIANCE.—An owner or ‘‘(b) HIGHWAY VEHICLES OVER 10,000 meet the applicable emission standard under operator of a covered generator shall comply POUNDS.— subsection (a). with subsection (b) by— ‘‘(1) IN GENERAL.—Not later than January ‘‘(c) ADJUSTMENT OF REQUIREMENTS.—If the ‘‘(1) generating electric energy using low- 1, 2010, the Administrator shall promulgate Academy determines, pursuant to section carbon generation; regulations requiring each fleet of highway 705, that a requirement of this section is or ‘‘(2) purchasing electric energy generated vehicles over 10,000 pounds sold by a manu- will be technologically infeasible at the time by low-carbon generation; facturer in the United States beginning in at which the requirement becomes effective, ‘‘(3) purchasing low-carbon generation model year 2020 to meet the standards for the Administrator, may, by regulation, ad- credits issued under the program; or global warming pollution emissions de- just or delay the effective date of the re- ‘‘(4) undertaking a combination of the ac- scribed in paragraph (2). quirement as is necessary to take into con- tions described in paragraphs (1) through (3). ‘‘(2) EMISSION STANDARDS.—The average sideration the determination of the Acad- ‘‘(d) LOW-CARBON GENERATION CREDIT global warming pollution emissions of a ve- emy. TRADING PROGRAM.— hicle fleet described in paragraph (1) shall ‘‘SEC. 709. LOW-CARBON GENERATION REQUIRE- ‘‘(1) IN GENERAL.—Not later than January not exceed— MENT. 1, 2008, the Administrator shall establish, by ‘‘(A) 850 carbon dioxide equivalent grams ‘‘(a) DEFINITIONS.—In this section: regulation after notice and opportunity for per mile for highway vehicles with a gross ‘‘(1) BASE QUANTITY OF ELECTRICITY.—The comment, a low-carbon generation trading vehicle weight rating between 10,001 pounds term ‘base quantity of electricity’ means the program to permit an owner or operator of a and 26,000 pounds; and total quantity of electricity produced for covered generator that does not generate or ‘‘(B) 1,050 carbon dioxide equivalent grams sale by a covered generator during the cal- purchase enough electric energy from low- per mile for highway vehicles with a gross endar year immediately preceding a compli- carbon generation to comply with subsection vehicle weight rating of more than 26,000 ance year from coal, petroleum coke, lignite, (b) to achieve that compliance by purchasing pounds. or any combination of those fuels. sufficient low-carbon generation credits. ‘‘(3) HEIGHTENED STANDARDS.—After model ‘‘(2) COVERED GENERATOR.—The term ‘cov- ‘‘(2) REQUIREMENTS.—As part of the pro- year 2020, the Administrator may promul- ered generator’ means an electric generating gram, the Administrator shall— gate regulations that increase the stringency unit that— ‘‘(A) issue to producers of low-carbon gen- of emission standards described in paragraph ‘‘(A) has a rated capacity of 25 megawatts eration, on a quarterly basis, a single low- (2) as necessary to meet the emission reduc- or more; and carbon generation credit for each kilowatt tion goal described in section 704(a)(1). ‘‘(B) has an annual fuel input at least 50 hour of low-carbon generation sold during ‘‘(c) ADJUSTMENT OF REQUIREMENTS.—Tak- percent of which is provided by coal, petro- the preceding quarter; and ing into account appropriate lead times for leum coke, lignite, or any combination of ‘‘(B) ensure that a kilowatt hour, including vehicle manufacturers, if the Academy de- those fuels. the associated low-carbon generation credit, termines, pursuant to an NAS report, that a ‘‘(3) LOW-CARBON GENERATION.—The term shall be used only once for purposes of com- vehicle emission standard under this section ‘low-carbon generation’ means electric en- pliance with subsection (b). is or will be technologically infeasible as of ergy generated from an electric generating ‘‘(e) ENFORCEMENT.—An owner or operator the effective date of the standard, the Ad- unit at least 50 percent of the annual fuel of a covered generator that fails to comply ministrator may, by regulation, modify the input of which, in any year— with subsection (b) shall be subject to a civil requirement to take into account the deter- ‘‘(A) is provided by coal, petroleum coke, penalty in an amount equal to the product mination of the Academy. lignite, biomass, or any combination of those obtained by multiplying— ‘‘(d) STUDY.— fuels; and ‘‘(1) the number of kilowatt-hours of elec- ‘‘(1) IN GENERAL.—Not later than January ‘‘(B) results in an emission rate into the tric energy sold to electric consumers in vio- 1, 2008, the Administrator shall enter into a atmosphere of not more than 250 pounds of lation of subsection (b); and contract with the Academy under which the carbon dioxide per megawatt-hour (after ad- ‘‘(2) the greater of— Academy shall conduct a study of, and sub- justment for carbon dioxide from the electric ‘‘(A) 2.5 cents (as adjusted under subsection mit to the Administrator a report on, the po- generating unit that is geologically seques- (g)); or tential contribution of the non-highway por- tered in a geological repository approved by ‘‘(B) 200 percent of the average market tion of the transportation sector toward the Administrator pursuant to subsection value of those low-carbon generation credits meeting the emission reduction goal de- (e)). during the year in which the violation oc- scribed in section 704(a)(1). ‘‘(4) PROGRAM.—The term ‘program’ means curred. ‘‘(2) REQUIREMENTS.—The study shall ana- the low-carbon generation credit trading ‘‘(f) EXEMPTION.—This section shall not lyze— program established under subsection (d)(1). apply for any calendar year to an owner or ‘‘(A) the technological feasibility and cost- ‘‘(b) REQUIREMENT.— operator of a covered generator that sold less effectiveness of global warming pollution re- ‘‘(1) CALENDAR YEARS 2015 THROUGH 2020.—Of than 40,000 megawatt-hours of electric en- ductions from the non-highway sector; and the base quantity of electricity produced for ergy produced from covered generators dur- ‘‘(B) the overall potential contribution of sale by a covered generator for a calendar ing the preceding calendar year. that sector in terms of emissions, in meeting year, the covered generator shall provide a ‘‘(g) INFLATION ADJUSTMENT.—Not later the emission reduction goal described in sec- minimum percentage of that base quantity than December 31, 2008, and annually there- tion 704(a)(1). of electricity for the calendar year from low- after, the Administrator shall adjust the

VerDate Aug 31 2005 05:17 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.094 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S607 amount of the civil penalty for each kilo- ‘‘(ii) are located in closest proximity to a ‘‘SEC. 711. RESEARCH AND DEVELOPMENT. watt-hour calculated under subsection (e)(2) source of carbon dioxide; ‘‘(a) IN GENERAL.—The Administrator shall to reflect changes for the 12-month period ‘‘(iii) make use of the most affordable carry out a program to perform and support ending on the preceding November 30 in the source of carbon dioxide; research on global climate change standards Consumer Price Index for All Urban Con- ‘‘(iv) are expected to geologically dispose and processes, with the goals of— sumers published by the Bureau of Labor of the largest quantity of carbon dioxide; ‘‘(1) providing scientific and technical Statistics of the Department of Labor. ‘‘(v) are combined with demonstrations of knowledge applicable to the reduction of ‘‘(h) TECHNOLOGICAL INFEASIBILITY.—If the advanced coal electricity generation tech- global warming pollutants; and Academy determines, pursuant to section nologies; ‘‘(2) facilitating implementation of section 705, that the schedule for compliance de- ‘‘(vi) demonstrate the greatest commit- 704. scribed in subsection (b) is or will be techno- ment on the part of the applicant to ensure ‘‘(b) RESEARCH PROGRAM.— logically infeasible for covered generators to funding for the proposed demonstration ‘‘(1) IN GENERAL.—The Administrator shall meet, the Administrator may, by regulation, project and the greatest likelihood that the carry out, directly or through the use of con- adjust the schedule as the Administrator de- demonstration project will be maintained or tracts or grants, a global climate change termines to be necessary to take into ac- expanded after Federal assistance under this standards and processes research program. count the consideration of the determination subsection is completed; and ‘‘(2) RESEARCH.— of the Academy. ‘‘(vii) minimize any adverse environmental ‘‘(A) CONTENTS AND PRIORITIES.—The spe- ‘‘(i) TERMINATION OF AUTHORITY.—This sec- effects from the project. cific contents and priorities of the research tion and the authority provided by this sec- program shall be determined in consultation ‘‘(7) PERIOD OF GRANTS.— tion terminate on December 31, 2030. with appropriate Federal agencies, includ- ‘‘(A) IN GENERAL.—A geological disposal de- ‘‘SEC. 710. GEOLOGICAL DISPOSAL OF GLOBAL ing— WARMING POLLUTANTS. ployment project funded by a grant under this subsection shall begin construction not ‘‘(i) the National Oceanic and Atmospheric ‘‘(a) GEOLOGICAL CARBON DIOXIDE DISPOSAL Administration; DEPLOYMENT PROJECTS.— later than 3 years after the date on which the grant is provided. ‘‘(ii) the National Aeronautics and Space ‘‘(1) IN GENERAL.—The Administrator shall Administration; and establish a competitive grant program to ‘‘(B) TERM.—The Administrator shall not provide grant funds to any applicant under ‘‘(iii) the Department of Energy. provide grants to 5 entities for the deploy- ‘‘(B) TYPES OF RESEARCH.—The research ment of projects to geologically dispose of this subsection for a period of more than 5 years. program shall include the conduct of basic carbon dioxide (referred to in this subsection and applied research— ‘‘(8) TRANSFER OF INFORMATION AND KNOWL- as ‘geological disposal deployment projects’). ‘‘(i) to develop and provide the enhanced EDGE.—The Administrator shall establish ‘‘(2) LOCATION.—Each geological disposal measurements, calibrations, data, models, deployment project shall be conducted in a mechanisms to ensure that the information and knowledge gained by participants in the and reference material standards necessary geologically distinct location in order to to enable the monitoring of global warming demonstrate the suitability of a variety of program under this subsection are published and disseminated, including to other appli- pollution; geological structures for carbon dioxide dis- ‘‘(ii) to assist in establishing a baseline ref- posal. cants that submitted applications for a grant under this subsection. erence point for future trading in global ‘‘(3) COMPONENTS.—Each geological dis- warming pollutants (including the measure- ‘‘(9) SCHEDULE.— posal deployment project shall include an ment of progress in emission reductions); analysis of— ‘‘(A) PUBLICATION.—Not later than 180 days after the date of enactment of this title, the ‘‘(iii) for international exchange as sci- ‘‘(A) mechanisms for trapping the carbon entific or technical information for the stat- dioxide to be geologically disposed; Administrator shall publish in the Federal Register, and elsewhere as appropriate, a reed purpose of developing mutually-recog- ‘‘(B) techniques for monitoring the geo- nized measurements, standards, and proce- logically disposed carbon dioxide; quest for applications to carry out geological disposal deployment projects. dures for reducing global warming pollution; ‘‘(C) public response to the geological dis- and ‘‘(B) DATE FOR APPLICATIONS.—An applica- posal deployment project; and ‘‘(iv) to assist in developing improved in- ‘‘(D) the permanency of carbon dioxide tion for a grant under this subsection shall be submitted not later than 180 days after dustrial processes designed to reduce or storage in geological reservoirs. eliminate global warming pollution. ‘‘(4) REQUIREMENTS.— the date of publication of the request under subparagraph (A). ‘‘(3) ABRUPT CLIMATE CHANGE RESEARCH.— ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(A) DEFINITION OF ABRUPT CLIMATE establish— ‘‘(C) SELECTION.—After the date by which applications for grants are required to be CHANGE.—In this paragraph, the term ‘abrupt ‘‘(i) appropriate conditions for environ- climate change’ means a change in climate mental protection with respect to geological submitted under subparagraph (B), the Ad- ministrator, in a timely manner, shall se- that occurs so rapidly or unexpectedly that disposal deployment projects to protect pub- humans or natural systems may have dif- lic health and the environment; and lect, after peer review and based on the criteria under paragraph (6), those geological ficulty adapting to the change. ‘‘(ii) requirements relating to applications ‘‘(B) RESEARCH.—The Administrator shall for grants under this subsection. disposal deployment projects to be provided a grant under this subsection. carry out a program of scientific research on ‘‘(B) RULEMAKING.—The establishment of potential abrupt climate change that is de- ‘‘(b) INTERIM STANDARDS.—Not later than 3 requirements under subparagraph (A) shall signed— years after the date of enactment of this not require a rulemaking. ‘‘(i) to develop a global array of terrestrial title, the Administrator, in consultation ‘‘(C) MINIMUM REQUIREMENTS.—At a min- and oceanographic indicators of with the Secretary of Energy, shall, by regu- imum, each application for a grant under paleoclimate in order to identify and de- lation, establish interim geological carbon this subsection shall include— scribe past instances of abrupt climate dioxide disposal standards that address— ‘‘(i) a description of the geological disposal change; ‘‘(1) site selection; deployment project proposed in the applica- ‘‘(ii) to improve understanding of thresh- ‘‘(2) permitting processes; tion; olds and nonlinearities in geophysical sys- ‘‘(3) monitoring requirements; ‘‘(ii) an estimate of the quantity of carbon tems relating to the mechanisms of abrupt ‘‘(4) public participation; and dioxide to be geologically disposed over the climate change; ‘‘(5) such other issues as the Administrator life of the geological disposal deployment ‘‘(iii) to incorporate those mechanisms and the Secretary of Energy determine to be project; and into advanced geophysical models of climate appropriate. ‘‘(iii) a plan to collect and disseminate change; and ‘‘(c) FINAL STANDARDS.—Not later than 6 data relating to each geological disposal de- ‘‘(iv) to test the output of those models years after the date of enactment of this ployment project to be funded by the grant. against an improved global array of records title, taking into account the results of geo- ‘‘(5) PARTNERS.—An applicant for a grant of past abrupt climate changes. under this subsection may carry out a geological disposal deployment projects carried ‘‘(c) SENSE OF THE SENATE.—It is the sense logical disposal deployment project under a out under subsection (a), the Administrator of the Senate that Federal funds for clean, pilot program in partnership with 1 or more shall, by regulation, establish final geologi- low-carbon energy research, development, public or private entities. cal carbon dioxide disposal standards. and deployment should be increased by at ‘‘(6) SELECTION CRITERIA.—In evaluating ap- ‘‘(d) CONSIDERATIONS.—In developing stand- least 100 percent for each year during the 10- plications under this subsection, the Admin- ards under subsections (b) and (c), the Ad- year period beginning on the date of enact- istrator shall— ministrator shall consider the experience in ment of this title. ‘‘(A) consider the previous experience of the United States in regulating— ‘‘SEC. 712. ENERGY EFFICIENCY PERFORMANCE each applicant with similar projects; and ‘‘(1) underground injection of waste; STANDARD. ‘‘(B) give priority consideration to applica- ‘‘(2) enhanced oil recovery; ‘‘(a) DEFINITIONS.—In this section: tions for geological disposal deployment ‘‘(3) short-term storage of natural gas; and ‘‘(1) ELECTRICITY SAVINGS.— projects that— ‘‘(4) long-term waste storage. ‘‘(A) IN GENERAL.—The term ‘electricity ‘‘(i) offer the greatest geological diversity ‘‘(e) TERMINATION OF AUTHORITY.—This sec- savings’ means reductions in end-use elec- from other projects that have previously tion and the authority provided by this sec- tricity consumption relative to consumption been approved; tion terminate on December 31, 2030. by the same customer or at the same new or

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Reduction in peak de- Reduction in electricity Calendar year mand use (in percent) (in percent)

2008 ...... 25 .25 2009 ...... 75 .75 2010 ...... 1 .75 1.5 2011 ...... 2 .75 2.25 2012 ...... 3 .75 3.0 2013 ...... 4 .75 3.75 2014 ...... 5 .75 4.5 2015 ...... 6.75 5.25 2016 ...... 7 .75 6 .0 2017 ...... 8 .75 6.75 2018 ...... 9 .75 7.5 2019 ...... 10 .75 8.25 2020 and each calendar year thereafter ...... 11 .75 9.0

‘‘(d) BEGINNING DATE.—For the purpose of ‘‘(1) pursuant to the regulations promul- ‘‘(d) PROHIBITION ON DOUBLE COUNTING.—A meeting the targets established under sub- gated under subsection (e)(1), issue a credit renewable energy credit issued under subsection (c), electricity savings shall be cal- to any entity that is not a retail electric section (c)— culated based on the sum of— supplier if the entity implements electricity ‘‘(1) may be counted toward meeting the ‘‘(1) savings realized as a result of actions savings; and requirements of subsection (b) only once; and taken by the retail electric supplier during ‘‘(2) in a case in which an entity described ‘‘(2) shall vest with the owner of the sys- the specified calendar year; and in paragraph (1) is a nonprofit or educational tem or facility that generates the renewable ‘‘(2) cumulative savings realized as a result organization, provide to the entity 1 or more energy that is covered by the renewable en- of electricity savings achieved in all pre- grants in lieu of a credit. ergy credit, unless the owner explicitly vious calendar years (beginning with cal- ‘‘SEC. 713. RENEWABLE PORTFOLIO STANDARD. transfers the renewable energy credit. endar year 2006). ‘‘(e) SALE UNDER PURPA CONTRACT.—If the ‘‘(a) RENEWABLE ENERGY.— Administrator, after consultation with the ‘‘(e) IMPLEMENTING REGULATIONS.— ‘‘(1) IN GENERAL.—The Administrator, in ‘‘(1) IN GENERAL.—Not later than 1 year consultation with the Secretary of Energy, Secretary of Energy, determines that a re- after the date of enactment of this title, the shall promulgate regulations defining the newable energy generator is selling elec- Administrator shall promulgate regulations types and sources of renewable energy gen- tricity to comply with this section to a re- to implement the targets established under eration that may be carried out in accord- tail electric supplier under a contract sub- subsection (c). ance with this section. ject to section 210 of the Public Utilities ‘‘(2) REQUIREMENTS.—The regulations shall ‘‘(2) INCLUSIONS.—In promulgating regula- Regulatory Policies Act of 1978 (16 U.S.C. establish— tions under paragraph (1), the Administrator 824a–3), the retail electric supplier shall be ‘‘(A) a national credit system permitting shall include of all types of renewable energy treated as the generator of the electric en- credits to be awarded, bought, sold, or traded (as defined in section 203(b) of the Energy ergy for the purposes of this title for the du- by and among retail electricity suppliers; Policy Act of 2005 (42 U.S.C. 15852(b))) other ration of the contract. ‘‘(B) a fee equivalent to not less than 4 than energy generated from— ‘‘(f) STATE PROGRAMS.—Nothing in this sec- cents per kilowatt hour for retail energy ‘‘(A) municipal solid waste; tion precludes any State from requiring ad- suppliers that do not meet the targets estab- ‘‘(B) wood contaminated with plastics or ditional renewable energy generation under lished under subsection (c); and metals; or any State renewable energy program. ‘‘(C) standards for monitoring and ‘‘(C) tires. ‘‘(g) VOLUNTARY PARTICIPATION.—The Ad- verification of electricity use and demand ‘‘(b) RENEWABLE ENERGY REQUIREMENT.—Of ministrator may issue a renewable energy savings reported by the retail electricity the base quantity of electricity sold by each credit pursuant to subsection (c) to any enti- suppliers. retail electric supplier to electric consumers ty that is not subject to this section only if ‘‘(3) CONSIDERATION OF TRANSMISSION AND during a calendar year, the quantity gen- the entity applying for the renewable energy DISTRIBUTION EFFICIENCY.—In developing reg- erated by renewable energy sources shall be credit meets the terms and conditions of this ulations under this subsection, the Adminis- not less than the following percentages: section to the same extent as retail electric trator shall consider whether savings, in suppliers subject to this section. whole or part, achieved by retail electricity ‘‘Calendar year: Minimum annual suppliers by improving the efficiency of elec- percentage: ‘‘SEC. 714. STANDARDS TO ACCOUNT FOR BIO- tric distribution and use should be eligible 2008 through 2009 ...... 5 LOGICAL SEQUESTRATION OF CAR- BON. for credits established under this section. 2010 through 2014 ...... 10 ‘‘(a) IN GENERAL.—Not later than 2 years ‘‘(f) COMPLIANCE WITH STATE LAW.—Noth- 2015 through 2019 ...... 15 after the date of enactment of title, the Sec- ing in this section shall supersede or other- 2020 and subsequent years ...... 20 retary of Agriculture, with the concurrence wise affect any State or local law requiring ‘‘(c) RENEWABLE ENERGY CREDIT PRO- of the Administrator, shall establish stand- or otherwise relating to reductions in total GRAM.—Not later than 1 year after the date ards for accrediting certified reductions in annual electricity consumption, or peak of enactment of this title, the Administrator the emission of carbon dioxide through power consumption, by electric consumers to shall establish— above-ground and below-ground biological the extent that the State or local law re- ‘‘(1) a program to issue, establish the value sequestration activities. quires more stringent reductions than those of, monitor the sale or exchange of, and ‘‘(b) REQUIREMENTS.—The standards shall required under this section. track renewable energy credits; and include— ‘‘(g) VOLUNTARY PARTICIPATION.—The Ad- ‘‘(2) penalties for any retail electric sup- ‘‘(1) a national biological carbon storage ministrator may— plier that does not comply with this section. baseline or inventory; and

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‘‘(2) measurement, monitoring, and ‘‘(f) ENFORCEMENT.—Regulations promul- tial strategy under paragraph (1), and every verification guidelines based on— gated under this section may be enforced 2 years thereafter— ‘‘(A) measurement of increases in carbon pursuant to section 113 with respect to any ‘‘(A) the Task Force shall— storage in excess of the carbon storage that person that— ‘‘(i) review and update the initial strategy; would have occurred in the absence of a new ‘‘(1) fails to submit a report under this sec- and management practice designed to achieve bi- tion; or ‘‘(ii) report the results of the review and ological sequestration of carbon; ‘‘(2) otherwise fails to comply with those update to the President; and ‘‘(B) comprehensive carbon accounting regulations. ‘‘(B) the President shall submit to Con- that— ‘‘SEC. 716. CLEAN ENERGY TECHNOLOGY DE- gress a final strategy. ‘‘(i) reflects sustained net increases in car- PLOYMENT IN DEVELOPING COUN- ‘‘(3) PERFORMANCE CRITERIA.—The Task bon reservoirs; and TRIES. Force shall develop and submit to the Ad- ‘‘(ii) takes into account any carbon emis- ‘‘(a) DEFINITIONS.—In this section: ministrator performance criteria for use in sions resulting from disturbance of carbon ‘‘(1) CLEAN ENERGY TECHNOLOGY.—The term the provision of assistance under this sec- reservoirs in existence as of the date of com- ‘clean energy technology’ means an energy tion. mencement of any new management practice supply or end-use technology that, over the ‘‘(d) PROVISION OF ASSISTANCE.—The Ad- designed to achieve biological sequestration lifecycle of the technology and compared to ministrator may— of carbon; a similar technology already in commercial ‘‘(1) provide assistance to developing coun- ‘‘(C) adjustments to account for— use in any developing country— tries for use in carrying out activities that ‘‘(A) is reliable; and ‘‘(i) emissions of carbon that may result at are consistent with the priorities established ‘‘(B) results in reduced emissions of global other locations as a result of the impact of in the final strategy; and warming pollutants. the new biological sequestration manage- ‘‘(2) establish a pilot program that provides ‘‘(2) DEVELOPING COUNTRY.— ment practice on timber supplies; or financial assistance for qualifying projects ‘‘(A) IN GENERAL.—The term ‘developing ‘‘(ii) potential displacement of carbon (as determined by the Administrator) in ac- country’ means any country not listed in emissions to other land owned by the entity cordance with— Annex I of the United Nations Framework that carries out the new biological seques- ‘‘(A) the final strategy submitted under Convention on Climate Change, done at New tration management practice; and subsection (c)(2)(B); and York on May 9, 1992. ‘‘(D) adjustments to reflect the expected ‘‘(B) any performance criteria developed by ‘‘(B) INCLUSION.—The term ‘developing carbon storage over various time periods, the Task Force under subsection (c)(3). country’ may include a country with an taking into account the likely duration of economy in transition, as determined by the ‘‘SEC. 717. PARAMOUNT INTEREST WAIVER. the storage of carbon in a biological res- Secretary. ‘‘(a) IN GENERAL.—If the President deter- ervoir. mines that a national security emergency ‘‘(3) TASK FORCE.—The term ‘Task Force’ ‘‘(c) UPDATING OF STANDARDS.—Not later exists and, in light of information that was than 3 years after the date of establishment means the Task Force on International Clean, Low-Carbon Energy Cooperation es- not available as of the date of enactment of of the standards under subsection (a), and this title, that it is in the paramount inter- every 3 years thereafter, the Secretary of tablished under subsection (b)(1). ‘‘(b) TASK FORCE.— est of the United States to modify any re- Agriculture shall update the standards to ‘‘(1) ESTABLISHMENT.—Not later than 90 quirement under this title to minimize the take into account the most recent scientific days after the date of enactment of this effects of the emergency, the President may, information. title, the President shall establish a task after opportunity for public notice and com- ‘‘SEC. 715. GLOBAL WARMING POLLUTION RE- force to be known as the ‘Task Force on ment, temporarily adjust, suspend, or waive PORTING. International Clean, Low Carbon Energy Co- any regulations promulgated pursuant to ‘‘(a) IN GENERAL.—Not later than 2 years operation’. this title to achieve that minimization. after the date of enactment of this title, and ‘‘(b) CONSULTATION.—In making an emer- annually thereafter, any entity considered to ‘‘(2) COMPOSITION.—The Task Force shall be composed of— gency determination under subsection (a), be a major stationary source (as defined in the President shall, to the maximum extent section 169A(g)) shall submit to the Adminis- ‘‘(A) the Administrator and the Secretary of State, who shall serve jointly as Co-Chair- practicable, consult with and take into ac- trator a report describing the emissions of count any advice received from— global warming pollutants from the entity persons; and ‘‘(B) representatives, appointed by the ‘‘(1) the Academy; for the preceding calendar year. ‘‘(2) the Secretary of Energy; and ‘‘(b) VOLUNTARY REPORTING.—An entity head of the respective Federal agency, of— ‘‘(3) the Administrator. that is not described in subsection (a) may ‘‘(i) the Department of Commerce; ‘‘(c) JUDICIAL REVIEW.—An emergency de- voluntarily report the emissions of global ‘‘(ii) the Department of the Treasury; ‘‘(iii) the United States Agency for Inter- termination under subsection (a) shall be warming pollutants from the entity to the subject to judicial review under section 307. Administrator. national Development; ‘‘SEC. 718. EFFECT ON OTHER LAW. ‘‘(c) REQUIREMENTS FOR REPORTS.— ‘‘(iv) the Export-Import Bank; ‘‘(1) EXPRESSION OF MEASUREMENTS.—Each ‘‘(v) the Overseas Private Investment Cor- ‘‘Nothing in this title— global warming pollution report submitted poration; ‘‘(1) affects the ability of a State to take under this section shall express global warm- ‘‘(vi) the Office of United States Trade State actions to further limit climate ing pollution emissions in— Representative; and change (except that section 209 shall apply to ‘‘(A) metric tons of each global warming ‘‘(vii) such other Federal agencies as are standards for vehicles); and pollutant; and determined to be appropriate by the Presi- ‘‘(2) except as expressly provided in this ‘‘(B) metric tons of the carbon dioxide dent. title— equivalent of each global warming pollutant. ‘‘(c) DUTIES.— ‘‘(A) modifies or otherwise affects any re- ‘‘(2) ELECTRONIC FORMAT.—The information ‘‘(1) INITIAL STRATEGY.— quirement of this Act in effect on the day be- contained in a report submitted under this ‘‘(A) IN GENERAL.—Not later than 1 year fore the date of enactment of this title; or section shall be reported electronically to after the date of enactment of this title, the ‘‘(B) relieves any person of the responsi- the Administrator in such form and to such Task Force shall develop and submit to the bility to comply with this Act.’’. extent as may be required by the Adminis- President an initial strategy— SEC. 3. RENEWABLE CONTENT OF GASOLINE. trator. ‘‘(i) to support the development and imple- Section 211(o) of the Clean Air Act (as ‘‘(3) DE MINIMIS EXEMPTION.—The Adminis- mentation of programs and policies in devel- amended by section 1501 of the Energy Policy trator may specify the level of global warm- oping countries to promote the adoption of Act of 2005 (Public Law 109–58; 119 Stat. 1067)) ing pollution emissions from a source within clean, low-carbon energy technologies and is amended— a facility that shall be considered to be a de energy-efficiency technologies and strate- (1) in paragraph (1)— minimis exemption from the requirement to gies, with an emphasis on those developing (A) by redesignating subparagraph (B) as comply with this section. countries that are expected to experience the subparagraph (E); and ‘‘(d) PUBLIC AVAILABILITY OF INFORMA- most significant growth in global warming (B) by inserting after subparagraph (A) the TION.—Not later than March 1 of the year pollution emissions over the 20-year period following: after which the Administrator receives a re- beginning on the date of enactment of this ‘‘(B) LOW-CARBON RENEWABLE FUEL.—The port under this subsection from an entity, title; and term ‘low-carbon renewable fuel’ means re- and annually thereafter, the Administrator ‘‘(ii)(I) open and expand clean, low-carbon newable fuel the use of which, on a full fuel shall make the information reported under energy technology markets; and cycle, per-mile basis, and as compared with this section available to the public through ‘‘(II) facilitate the export of that tech- the use of gasoline, achieves a reduction in the Internet. nology to developing countries. global warming pollution emissions of 75 per- ‘‘(e) PROTOCOLS AND METHODS.—The Ad- ‘‘(B) SUBMISSION TO CONGRESS.—On receipt cent or more.’’; and ministrator shall, by regulation, establish of the initial strategy from the Task Force (2) in paragraph (2)— protocols and methods to ensure complete- under subparagraph (A), the President shall (A) in subparagraph (A)(i), by inserting ness, consistency, transparency, and accu- submit the initial strategy to Congress. ‘‘and low-carbon renewable fuel’’ after ‘‘re- racy of data on global warming pollution ‘‘(2) FINAL STRATEGY.—Not later than 2 newable fuel’’; and emissions submitted under this section. years after the date of submission of the ini- (B) in subparagraph (B)—

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(i) in clause (iv), by striking ‘‘(iv) MINIMUM purchased, or leased for a period of at least SEC. 9. CORPORATE ENVIRONMENTAL DISCLO- APPLICABLE VOLUME.—For the purpose of sub- 60 consecutive days, by an Executive agency SURE OF CLIMATE CHANGE RISKS. paragraph (A), the applicable volume’’ and after the date of enactment of this paragraph (a) REGULATIONS.—Not later than 2 years inserting the following: shall be as fuel-efficient as practicable. after the date of enactment of this Act, the ‘‘(iv) MINIMUM APPLICABLE VOLUME OF RE- ‘‘(B) WAIVER.—In an emergency situation, Securities and Exchange Commission (re- NEWABLE FUEL.—For the purpose of subpara- an Executive agency may submit to Congress ferred to in this section as the ‘‘Commis- graph (A), the minimum applicable volume a written request for a waiver of the require- sion’’) shall promulgate regulations in ac- of renewable fuel’’; and ment under paragraph (1).’’. cordance with section 13 of the Securities (ii) by adding at the end the following: SEC. 6. INTERNATIONAL NEGOTIATIONS AND Exchange Act of 1934 (15 U.S.C. 78m) direct- ‘‘(v) MINIMUM APPLICABLE VOLUME OF LOW- TRADE RESTRICTIONS. ing each issuer of securities under that Act CARBON RENEWABLE FUEL.—For the purpose of It is the sense of the Senate that the to inform securities investors of the risks re- subparagraph (A), the minimum applicable United States should act to reduce the lating to— volume of low-carbon renewable fuel for cal- health, environmental, economic, and na- (1) the financial exposure of the issuer be- endar year 2015 and each calendar year there- tional security risks posed by global climate cause of the net global warming pollution after shall be 5,000,000,000 gallons.’’. change, and foster sustained economic emissions of the issuer; and SEC. 4. ENFORCEMENT AND JUDICIAL REVIEW. growth through a new generation of tech- (2) the potential economic impacts of glob- (a) FEDERAL ENFORCEMENT.—Section 113 of nologies, by— al warming on the interests of the issuer. the Clean Air Act (42 U.S.C. 7413) is amend- (1) participating in negotiations under the (b) UNIFORM FORMAT FOR DISCLOSURE.—In ed— United Nations Framework Convention on carrying out subsection (a), the Commission (1) in subsection (a)(3), by striking ‘‘or title Climate Change, done at New York May 9, shall enter into an agreement with the Fi- VI,’’ and inserting ‘‘title VI, or title VII,’’; 1992, and leading efforts in other inter- nancial Accounting Standards Board, or an- (2) in subsection (b)(2), by striking ‘‘or title national forums, with the objective of secur- other appropriate organization that estab- VI,’’ and inserting ‘‘title VI, or title VII,’’; ing participation of the United States in lishes voluntary standards, to develop a uni- (3) in subsection (c)— agreements that— form format for disclosing to securities in- (A) in the first sentence of paragraph (1), (A) advance and protect the economic and vestors information on the risks described in by striking ‘‘or title VI (relating to strato- national security interests of the United subsection (a). spheric ozone control),’’ and inserting ‘‘title States; (c) INTERIM INTERPRETIVE RELEASE.— VI (relating to stratospheric ozone control), (B) establish mitigation commitments by (1) IN GENERAL.—As soon as practicable or title VII (relating to global warming pol- all countries that are major emitters of glob- after the date of enactment of this Act, the lution emission reductions),’’; and al warming pollution, in accordance with the Commission shall issue an interpretive re- (B) in the first sentence of paragraph (3), principle of ‘‘common but differentiated release clarifying that under items 101 and 303 by striking ‘‘or VI’’ and inserting ‘‘VI, or sponsibilities’’; of Regulation S-K of the Commission under VII’’; (C) establish flexible international mecha- part 229 of title 17, Code of Federal Regula- (4) in subsection (d)(1)(B), by striking ‘‘or nisms to minimize the cost of efforts by par- tions (as in effect on the date of enactment VI’’ and inserting ‘‘VI, or VII’’; and ticipating countries; and of this Act)— (5) in the first sentence of subsection (f), by (D) achieve a significant long-term reduc- (A) the commitments of the United States striking ‘‘or VI’’ and inserting ‘‘VI, or VII’’. tion in global warming pollution emissions; to reduce emissions of global warming pollu- (b) ESTABLISHMENT OF STANDARDS.—Sec- and tion under the United Nations Framework tion 202 of the Clean Air Act (42 U.S.C. 7521) (2) establishing a bipartisan Senate obser- Convention on Climate Change, done at New is amended— vation group, the members of which should York on May 9, 1992, are considered to be a (1) by redesignating the second subsection be designated by the Chairman and Ranking material effect; and (f) (as added by section 207(b) of Public Law Member of the Committee on Foreign Rela- (B) global warming constitutes a known 101–549 (104 Stat. 2482)) as subsection (n); and tions of the Senate, and which should in- trend. (2) by inserting after subsection (n) (as re- clude the Chairman and Ranking Member of (2) PERIOD OF EFFECTIVENESS.—The inter- designated by paragraph (1)) the following: the Committee on Environment and Public pretive release issued under paragraph (1) ‘‘(o) GLOBAL WARMING POLLUTION EMISSION Works of the Senate— shall remain in effect until the effective date REDUCTIONS.— (A) to monitor any international negotia- of the final regulations promulgated under ‘‘(1) IN GENERAL.—Not later than January tions on climate change; and subsection (a). 1, 2010, the Administrator shall promulgate (B) to ensure that the advice and consent f regulations in accordance with subsection (a) function of the Senate is exercised in a man- and section 707 to require manufacturers of ner to facilitate timely consideration of any SUBMITTED RESOLUTIONS motor vehicles to meet the vehicle emission applicable treaty submitted to the Senate. standards established under subsections (a) SEC. 7. REPORT ON TRADE AND INNOVATION EF- and (b) of section 707. FECTS. SENATE RESOLUTION 30—EX- ‘‘(2) EFFECTIVE DATE.—The regulations pro- Not later than 2 years after the date of en- PRESSING THE SENSE OF THE mulgated under paragraph (1) shall take ef- actment of this Act, and annually thereafter, SENATE REGARDING THE NEED fect with respect to motor vehicles sold by a the Secretary of Commerce, in consultation FOR THE UNITED STATES TO manufacturer beginning in model year with the United States Trade Representa- 2016.’’. tive, the Secretary of the Treasury, the Sec- ADDRESS GLOBAL CLIMATE (c) ADMINISTRATIVE PROCEEDINGS AND JUDI- retary of Agriculture, the Secretary of En- CHANGE THROUGH THE NEGO- CIAL REVIEW.—Section 307 of the Clean Air ergy, and the Administrator of the Environ- TIATION OF FAIR AND EFFEC- Act (42 U.S.C. 7607) is amended— mental Protection Agency (referred to in TIVE INTERNATIONAL COMMIT- (1) in subsection (b)(1)— this section as the ‘‘Secretary’’), shall pre- MENTS (A) in the first sentence— pare and submit to Congress a report on the (i) by striking ‘‘section 111,,’’ and inserting trade, economic, and technology innovation Mr. BIDEN (for himself and Mr. ‘‘section 111,’’; and effects of the failure of the United States to LUGAR) submitted the following resolu- (ii) by inserting ‘‘any emission standard or adopt measures that require or result in a re- tion; which was referred to the Com- requirement issued pursuant to title VII,’’ duction in total global warming pollution mittee on Foreign Relations: after ‘‘under section 120,’’; and emissions in the United States, in accord- (B) in the second sentence, by striking ance with the goals for the United States S. RES. 30 ‘‘section 112,,’’ and inserting ‘‘section 112,’’; under the United Nations Framework Con- Whereas there is a scientific consensus, as and vention on Climate Change, done at New established by the Intergovernmental Panel (2) in subsection (d)(1)— York on May 9, 1992. on Climate Change and confirmed by the Na- (A) in subparagraph (T), by striking ‘‘, SEC. 8. CLIMATE CHANGE IN ENVIRONMENTAL tional Academy of Sciences, that the contin- and’’ at the end; IMPACT STATEMENTS. ued buildup of anthropogenic greenhouse (B) in subparagraph (U), by striking the pe- In any case in which a Federal agency pre- gases in the atmosphere threatens the sta- riod at the end and inserting ‘‘; and’’; and pares an environmental impact statement or bility of the global climate; (C) by adding at the end the following: similar analysis required under the National Whereas there are significant long-term ‘‘(V) the promulgation or revision of any Environmental Policy Act of 1969 (42 U.S.C. risks to the economy and the environment of regulation under title VII (relating to global 4321 et seq.), the Federal agency shall con- the United States from the temperature in- warming pollution).’’. sider and evaluate— creases and climatic disruptions that are SEC. 5. FEDERAL FLEET FUEL ECONOMY. (1) the impact that the Federal action or projected to result from increased green- Section 32917 of title 49, United States project necessitating the statement or anal- house gas concentrations; Code, is amended by adding at the end the ysis would have in terms of net changes in Whereas the potential impacts of global following: global warming pollution emissions; and climate change, including long-term ‘‘(3) NEW VEHICLES.— (2) the ways in which climate changes may drought, famine, mass migration, and abrupt ‘‘(A) IN GENERAL.—Except as provided in affect the action or project in the short term climatic shifts, may lead to international subparagraph (B), each passenger vehicle and the long term. tensions and instability in regions affected

VerDate Aug 31 2005 05:01 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.095 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S611 and, therefore, have implications for the na- Whereas the Convention sets a long-term patterns. Future consequences if we tional security interests of the United objective of stabilizing greenhouse gas con- continue business as usual will include States; centrations in the atmosphere at a level that rising sea levels, the spread of diseases, Whereas the United States has the largest would prevent dangerous anthropogenic in- abrupt climate shifts that could shut economy in the world and is also the largest terference with the climate system; emitter of greenhouse gases; Whereas the Convention establishes that down the Atlantic cycle that warms Whereas the greenhouse gas emissions of parties bear common but differentiated re- Europe, or shrink the Amazon the United States are projected to continue sponsibilities for efforts to achieve the objec- rainforest, which provides twenty per- to rise; tive of stabilizing greenhouse gas concentra- cent of the oxygen we breathe. Whereas the greenhouse gas emissions of tions; These changes will profoundly alter developing countries are rising more rapidly Whereas an effective global effort to ad- the assumptions on which the eco- than the emissions of the United States and dress climate change must provide for com- nomic, political, and security arrange- will soon surpass the greenhouse gas emis- mitments and action by all countries that ments of our world have been con- sions of the United States and other devel- are major emitters of greenhouse gases, de- structed. Our national borders, our cit- veloped and developing alike, and the widely oped countries; ies, our cultures, are all built around Whereas reducing greenhouse gas emis- varying circumstances among the developed sions to the levels necessary to avoid serious and developing countries may require that patterns of rainfall, arable land, and climatic disruption requires the introduction such commitments and action vary; and coastlines that will be redrawn as glob- of new energy technologies and other cli- Whereas the United States has the capa- al warming proceeds. By one estimate, mate-friendly technologies, the use of which bility to lead the effort to counter global cli- 200 million people, in the coastal cities results in low or no emissions of greenhouse mate change: Now, therefore, be it of New York, Tokyo, Cairo, and Lon- gases or in the capture and storage of green- Resolved, That it is the sense of the Senate don, in low-lying countries such as that the United States should act to reduce house gases; Bangladesh, in the islands of the Pa- Whereas the development and sale of cli- the health, environmental, economic, and national security risks posed by global cli- cific and Caribbean, could be perma- mate-friendly technologies in the United nently displaced by climate shifts. States and internationally present economic mate change and foster sustained economic opportunities for workers and businesses in growth through a new generation of tech- Throughout human history, massive the United States; nologies, by— population shifts, frustrated expecta- Whereas climate-friendly technologies can (1) participating in negotiations under the tions, and the collapse of economies, improve air quality by reducing harmful pol- United Nations Framework Convention on have all led to conflict. Even the rich- lutants from stationary and mobile sources Climate Change, done at New York May 9, est nations, source of the emissions be- and can enhance energy security by reducing 1992, and entered into force in 1994, and lead- hind global warming, will face huge reliance on imported oil, diversifying energy ing efforts in other international fora, with the objective of securing United States par- costs coping with those catastrophes. sources, and reducing the vulnerability of The poorest nations, whose economies energy delivery infrastructure; ticipation in binding agreements that— Whereas other industrialized countries are (A) advance and protect the economic and have contributed little or nothing to undertaking measures to reduce greenhouse national security interests of the United the greenhouse gases in our atmos- gas emissions, which provides the industries States; phere, will be hit the worst, and will in those countries with a competitive advan- (B) establish mitigation commitments by have the fewest resources with which tage in the growing global market for cli- all countries that are major emitters of to respond. This is a recipe for global mate-friendly technologies; greenhouse gases, consistent with the prin- resource wars, and even greater resent- ciple of common but differentiated respon- Whereas efforts to limit emissions growth ment of our wealth by those less fortu- in developing countries in a manner that is sibilities; (C) establish flexible international mecha- nate—a new world disorder. consistent with the development needs of Weare failing in our responsibility to those countries could establish significant nisms to minimize the cost of efforts by par- markets for climate-friendly technologies ticipating countries; and steward the riches we have inherited. and contribute to international efforts to ad- (D) achieve a significant long-term reduc- We are bequeathing our children not dress climate change; tion in global greenhouse gas emissions; and just a ruined landscape, but a world of Whereas the United States Climate Change (2) establishing a bipartisan Senate ob- conflict as well. Science Program launched by President server group, the members of which shall be This is a classic tragedy of the com- George W. Bush concluded in April 2006 that designated by the chairman and ranking mons. We have treated our atmosphere member of the Committee on Foreign Rela- there is no longer a discrepancy between the as a costless dump for the waste gases rates of global average temperature increase tions of the Senate, to— (A) monitor any international negotiations that are the byproduct of our great observed at the Earth’s surface and in the at- wealth. There was a time when we mosphere, strengthening the scientific evi- on climate change; and dence that human activity contributes sig- (B) ensure that the advice and consent could plead ignorance. That day is nificantly to global temperature increases; function of the Senate is exercised in a man- past. The science is now clear. There Whereas President Bush, in the State of ner to facilitate timely consideration of any was a time when we might have the Union Address given in January 2006, applicable treaty submitted to the Senate. claimed the cost of changing our ways called on the United States to reduce its Mr. BIDEN. President, the climate was too great. That day is past. We ‘‘addiction’’ to oil and focus its attention on has changed. It has changed outside now know the costs of inaction are un- developing cleaner, renewable, and sustain- these walls: the year just concluded acceptably high. There was a time able energy sources; was the warmest on record in the when we could claim that our actions, Whereas President Bush has launched the Asia-Pacific Partnership on Clean Develop- United States. And the climate has in isolation, would be ineffective. That ment and Climate to cooperatively develop changed in the halls of the Senate, day is past. It is now clear that our in- new and cleaner energy technologies and where the causes and consequences of action reduces the effectiveness of promote their use in fast-developing nations global warming—and how we should re- international efforts to address climate like India and China; spond—will be a major concern of this change, and provides an excuse for Whereas the national security of the new Congress. China, India, Mexico, Brazil, and the United States will increasingly depend on Outside, the concentration of green- other leading emitters of the future to the deployment of diplomatic, military, sci- house gases in our atmosphere has stay with us on the sidelines. entific, and economic resources toward solv- grown from 280 parts per million before ing the problem of the overreliance of the Today, I am joining with my friend United States and the world on high-carbon the Industrial Revolution to 430 parts Senator DICK LUGAR to submit this res- energy; per million today. We are on a path olution, to put the Senate on record in Whereas the United States is a party to the that could double the pre-industrial support of a return of the United United Nations Framework Convention on levels of greenhouse gases, threatening States to a leadership role in the inter- Climate Change, done at New York May 9, an increase of as much as 10 degrees in national search for solutions to the 1992, and entered into force in 1994 (herein- the next century. problem of global warming. after referred to as the ‘‘Convention’’); The physical consequences of global Our resolution calls for United States Whereas, at the December 2005 United Na- warming are right before our eyes: the participation in negotiations under the tions Climate Change Conference in Mon- treal, Canada, parties to the Convention, shrinking polar ice cap, retreating gla- United Nations Framework Convention with the concurrence of the United States, ciers, stronger storms driven by warm- on Climate Change—signed by the first initiated a new dialogue on long-term cooper ocean waters, changing growing sea- President Bush—that will protect the erative action to address climate change; sons, animal migration, and rainfall economic and security interests of the

VerDate Aug 31 2005 04:18 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.096 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S612 CONGRESSIONAL RECORD — SENATE January 16, 2007 United States, and that will commit all tions will not be undercut by ‘‘free rid- SA 71. Mr. NELSON, of Nebraska (for him- nations—developed and developing— ers’’ who continue business as usual self and Mr. SALAZAR) submitted an amend- that are major emitters of greenhouse while they commit to change. To build ment intended to be proposed to amendment gases to achieve significant long-term that trust will require commitments SA 3 proposed by Mr. REID (for himself, Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. BENNETT, reductions in those emissions. The res- by all of the key players, and the insti- Mr. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. olution also calls for a bipartisan Sen- tutions to coordinate the actions of SALAZAR, and Mr. DURBIN) to the bill S. 1, ate observer group to monitor talks independent nations. supra. and ensure that our negotiators bring With this resolution, Senator LUGAR SA 72. Mr. HARKIN submitted an amend- back agreements that all Americans and I want to put the Senate on record ment intended to be proposed by him to the can support. in support of a new effort to build that bill S. 1, supra; which was ordered to lie on With the glaring exception of the trust, to make those commitments, to the table. United States, the major industrial na- SA 73. Mr. HARKIN submitted an amend- participate in a coordinated inter- ment intended to be proposed by him to the tions of the world are proceeding with national effort to confront the real bill S. 1, supra; which was ordered to lie on their commitments, under the Kyoto threat of climate change. the table. Protocol to the Framework Conven- f SA 74. Mr. REID submitted an amendment tion, to reduce their greenhouse gas intended to be proposed by him to the bill S. emissions an average of seven percent AMENDMENTS SUBMITTED AND 1, supra; which was ordered to lie on the below 1990 levels. The period from 2008 PROPOSED table. SA 75. Mr. REID submitted an amendment through 2012 will test their ability to SA 59. Mr. COBURN submitted an amend- intended to be proposed by him to the bill S. ment intended to be proposed to amendment meet those commitments, which were 1, supra; which was ordered to lie on the SA 3 proposed by Mr. REID (for himself, Mr. first negotiated in 1997. It is past time table. MCCONNELL, Mrs. FEINSTEIN, Mr. BENNETT, for us to begin the discussions that can SA 76. Mr. FEINGOLD (for himself and Mr. Mr. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. lead to the next steps, beyond the OBAMA) submitted an amendment intended ALAZAR, and Mr. DURBIN) to the bill S. 1, to S to be proposed to amendment SA 3 proposed Kyoto date of 2012. Those next steps provide greater transparency in the legisla- by Mr. REID (for himself, Mr. MCCONNELL, must not only include the United tive process. Mrs. FEINSTEIN, Mr. BENNETT, Mr. States, the leading historical source of SA 60. Mrs. FEINSTEIN submitted an LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. greenhouse gases. They must include amendment intended to be proposed by her SALAZAR, and Mr. DURBIN) to the bill S. 1, those nations who will soon overtake to the bill S. 1, supra; which was ordered to supra. us in that role, those who will be the lie on the table. SA 77. Mr. DURBIN submitted an amend- leading emitters in 2012. SA 61. Mr. CARPER submitted an amendment intended to be proposed by him to the The Biden-Lugar Resolution states ment intended to be proposed by him to the bill S. 1, supra; which was ordered to lie on bill S. 1, supra; which was ordered to lie on that the evidence of the human role in the table. the table. SA 78. Mr. LOTT submitted an amendment global warming is clear, that the envi- SA 62. Ms. LANDRIEU submitted an ronmental, economic, and security ef- intended to be proposed to amendment SA 4 amendment intended to be proposed by her proposed by Mr. REID (for himself, Mr. DUR- fects will be costly, and that the re- to the bill S. 1, supra; which was ordered to BIN, Mr. SALAZAR, and Mr. OBAMA) to the sponse must be international. The reso- lie on the table. amendment SA 3 proposed by Mr. REID (for lution recognizes that there are real SA 63. Mr. FEINGOLD submitted an himself, Mr. MCCONNELL, Mrs. FEINSTEIN, economic benefits from both reducing amendment intended to be proposed to Mr. BENNETT, Mr. LIEBERMAN, Ms. COLLINS, amendment SA 3 proposed by Mr. REID (for the waste and inefficiencies inherent in Mr. OBAMA, Mr. SALAZAR, and Mr. DURBIN) to himself, Mr. MCCONNELL, Mrs. FEINSTEIN, greenhouse gas emissions, and from the the bill S. 1, supra. Mr. BENNETT, Mr. LIEBERMAN, Ms. COLLINS, markets for new, climate-friendly tech- SA 79. Mr. LOTT submitted an amendment Mr. OBAMA, Mr. SALAZAR, and Mr. DURBIN) to intended to be proposed to amendment SA 4 nologies. Most importantly it puts the the bill S. 1, supra. proposed by Mr. REID (for himself, Mr. DUR- Senate on record, calling for the SA 64. Mr. FEINGOLD submitted an BIN, Mr. SALAZAR, and Mr. OBAMA) to the United States to resume its role as amendment intended to be proposed to amendment SA 3 proposed by Mr. REID (for leader in the international effort to ad- amendment SA 3 proposed by Mr. REID (for himself, Mr. MCCONNELL, Mrs. FEINSTEIN, dress this global threat. himself, Mr. MCCONNELL, Mrs . FEINSTEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. COLLINS, I personally believe that the single Mr. BENNETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. SALAZAR, and Mr. DURBIN) to most important step we can take to re- Mr. OBAMA, Mr. SALAZAR, and Mr. DURBIN) to the bill S. 1, supra. the bill S. 1, supra. SA 80. Mr. COBURN submitted an amend- sume a leadership role in international SA 65. Mr. FEINGOLD submitted an climate change efforts would be to ment intended to be proposed by him to the amendment intended to be proposed to bill S. 1, supra; which was ordered to lie on make real progress toward a domestic amendment SA 4 proposed by Mr. REID (for the table. emissions reduction regime. For too himself, Mr. DURBIN, Mr. SALAZAR, and Mr. SA 81. Mr. BENNETT submitted an amend- long we have abdicated the responsi- OBAMA) to the amendment SA 3 proposed by ment intended to be proposed to amendment bility to reduce our own emissions, the Mr. REID (for himself, Mr. MCCONNELL, Mrs. SA 4 proposed by Mr. REID (for himself, Mr. largest single source of the problem we FEINSTEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. DURBIN, Mr. SALAZAR, and Mr. OBAMA) to the face today. We have the world’s largest COLLINS, Mr. OBAMA, Mr. SALAZAR, and Mr. amendment SA 3 proposed by Mr. REID (for DURBIN) to the bill S. 1, supra. economy, with the highest per capita himself, Mr. MCCONNELL, Mrs. FEINSTEIN, SA 66. Mrs. BOXER submitted an amend- Mr. BENNETT, Mr. LIEBERMAN, Ms. COLLINS, emissions. Rather than leading by ex- ment intended to be proposed by her to the Mr. OBAMA, Mr. SALAZAR, and Mr. DURBIN) to ample, we have retreated from inter- bill S. 1, supra; which was ordered to lie on the bill S. 1, supra. national negotiations. the table. SA 82. Mr. BENNETT submitted an amend- In this Congress we will see renewed SA 67. Mr. REID submitted an amendment ment intended to be proposed to amendment efforts to pass legislation to create intended to be proposed by him to the bill S. SA 4 proposed by Mr. REID (for himself, Mr. that regime, to reduce our domestic 1, supra; which was ordered to lie on the DURBIN, Mr. SALAZAR, and Mr. OBAMA) to the emissions, and to open our many re- table. amendment SA 3 proposed by Mr. REID (for sponsible American businesses to both SA 68. Mr. REID submitted an amendment himself, Mr. MCCONNELL, Mrs. FEINSTEIN, intended to be proposed by him to the bill S. international emissions trading and Mr. BENNETT, Mr. LIEBERMAN, Ms. COLLINS, 1, supra; which was ordered to lie on the Mr. OBAMA, Mr. SALAZAR, and Mr. DURBIN) to the new markets for clean technologies table. the bill S. 1, supra; which was ordered to lie in the developing world. Moving toward SA 69. Mr. REID submitted an amendment on the table. that goal will be crucial to the effec- intended to be proposed by him to the bill S. SA 83. Mr. GREGG (for himself, Mr. tiveness and credibility of our inter- 1, supra; which was ordered to lie on the DEMINT, Mrs. DOLE, Mr. BURR, Mr. national efforts. table. CHAMBLISS, Mr. THOMAS, Mr. MCCONNELL, We are all on this planet together. SA 70. Mrs. FEINSTEIN (for herself and Mr. LOTT, Mr. KYL, Mrs. HUTCHISON, Mr. We cannot protect ourselves from the Mr. ROCKEFELLER) submitted an amendment CORNYN, Mr. ALLARD, Mr. CRAPO, Mr. effects of climate change by acting intended to be proposed to amendment SA 3 BUNNING, Mr. VITTER, Mr. BROWNBACK, Mr. proposed by Mr. REID (for himself, Mr. ALEXANDER, Mr. CRAIG, Mr. MCCAIN, Mr. alone—this is a global problem that MCCONNELL, Mrs. FEINSTEIN, Mr. BENNETT, SUNUNU, Mr. ENZI, Mr. MARTINEZ, Mr. COLE- will require a global solution. To un- Mr. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. MAN, Mr. GRAHAM, Mr. VOINOVICH, Mr. dertake meaningful reductions, coun- SALAZAR, and Mr. DURBIN) to the bill S. 1, ISAKSON, Mr. COBURN, Mr. ENSIGN, Mr. tries will need to know that their ac- supra. THUNE, and Mr. SESSIONS) submitted an

VerDate Aug 31 2005 04:18 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.100 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S613 amendment intended to be proposed to SA 95. Mr. REID submitted an amendment ‘‘(E) Whether that sponsoring person is a amendment SA 3 proposed by Mr. REID (for intended to be proposed to amendment SA 76 registered lobbyist, and if so, the name of himself, Mr. MCCONNELL, Mrs. FEINSTEIN, submitted by Mr. FEINGOLD (for himself and the client for whom the lobbyist is spon- Mr. BENNETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. OBAMA) to the amendment SA 3 proposed soring the transportation or lodging and the Mr. OBAMA, Mr. SALAZAR, and Mr. DURBIN) to by Mr. REID (for himself, Mr. MCCONNELL, city and State where the client resides. the bill S. 1, supra; which was ordered to lie Mrs. FEINSTEIN, Mr. BENNETT, Mr. ‘‘(2) This subparagraph shall also apply to on the table. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. all noncommercial air travel otherwise per- SA 84. Mr. COBURN submitted an amend- SALAZAR, and Mr. DURBIN) to the bill S. 1, missible by the rules. ment intended to be proposed to amendment supra; which was ordered to lie on the table. SA 49 proposed by Mr. BOND (for Mr. COBURN) SA 96. Ms. LANDRIEU submitted an ‘‘(3) Not later than 30 days after the adop- to the amendment SA 3 proposed by Mr. REID amendment intended to be proposed to tion of this subparagraph, the Committee on (for himself, Mr. MCCONNELL, Mrs. FEIN- amendment SA 3 proposed by Mr. REID (for Rules and Administration shall, in consulta- STEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. himself, Mr. MCCONNELL, Mrs. FEINSTEIN, tion with the Select Committee on Ethics COLLINS, Mr. OBAMA, Mr. SALAZAR, and Mr. Mr. BENNETT, Mr. LIEBERMAN, Ms. COLLINS, and the Secretary of the Senate, proscribe DURBIN) to the bill S. 1, supra; which was or- Mr. OBAMA, Mr. SALAZAR, and Mr. DURBIN) to the uniform format by which the postings in dered to lie on the table. the bill S. 1, supra; which was ordered to lie clauses (1) and (2) shall be established.’’. SA 85. Mr. REID submitted an amendment on the table. intended to be proposed to amendment SA 31 SA 97. Mr. LAUTENBERG (for himself and Mr. LOTT) submitted an amendment intended SA 60. Mrs. FEINSTEIN submitted an proposed by Mr. FEINGOLD (for himself and amendment intended to be proposed by Mr. OBAMA) to the amendment SA 3 proposed to be proposed by him to the bill S. 294, to her to the bill S. 1, to provide greater by Mr. REID (for himself, Mr. MCCONNELL, reauthorize Amtrak, and for other purposes; which was referred to the Committee on Mrs. FEINSTEIN, Mr. BENNETT, Mr. transparency in the legislative process; Commerce, Science, and Transportation. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. which was ordered to lie on the table; SALAZAR, and Mr. DURBIN) to the bill S. 1, f as follows: supra; which was ordered to lie on the table. TEXT OF AMENDMENTS On page 61, after line 20, add the following: SA 86. Mr. REID submitted an amendment intended to be proposed to amendment SA 63 SA 59. Mr. COBURN submitted an SEC. 271. VACANCIES. submitted by Mr. FEINGOLD to the amend- amendment intended to be proposed to Section 546 of title 28, United States Code, ment SA 3 proposed by Mr. REID (for himself, amendment SA 3 proposed by Mr. REID is amended to read as follows: Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. BEN- (for himself, Mr. MCCONNELL, Mrs. ‘‘§ 546. Vacancies NETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. FEINSTEIN, Mr. BENNETT Mr. OBAMA, Mr. SALAZAR, and Mr. DURBIN) to the LIEBERMAN, Ms. COLLINS, Mr. OBAMA, ‘‘The United States district court for a dis- bill S. 1, supra; which was ordered to lie on Mr. SALAZAR, and Mr. DURBIN) to the trict in which the office of the United States the table. attorney is vacant may appoint a United SA 87. Mr. COBURN submitted an amend- bill S. 1, to provide greater transparency in the legislative process; as States attorney to serve until that vacancy ment intended to be proposed by him to the is filled. The order of appointment by the bill S. 1, supra; which was ordered to lie on follows: court shall be filed with the clerk of the the table. Strike sections 108 and 109 and insert the court.’’. SA 88. Mr. REID submitted an amendment following: intended to be proposed by him to the bill S. SEC. 108. DISCLOSURE FOR GIFTS FROM LOBBY- 1, supra; which was ordered to lie on the ISTS. SA 61. Mr. CARPER submitted an table. Paragraph 1(a) of rule XXXV of the Stand- amendment intended to be proposed by SA 89. Mr. REID submitted an amendment ing Rules of the Senate is amended— him to the bill S. 1, to provide greater intended to be proposed by him to the bill S. (1) in clause (2), by striking the last sen- transparency in the legislative process; 1, supra; which was ordered to lie on the tence and inserting ‘‘Formal record keeping which was ordered to lie on the table; table. is required by this paragraph as set out in SA 90. Mr. REID submitted an amendment clause (3).’’; and as follows: intended to be proposed to amendment SA 41 (2) by adding at the end the following: At the end, add the following: proposed by Mr. OBAMA (for himself and Mr. ‘‘(3)(A) Not later than 48 hours after a gift FEINGOLD) to the amendment SA 3 proposed has been accepted, each Member, officer, or TITLE III—BUDGET ENFORCEMENT by Mr. REID (for himself, Mr. MCCONNELL, employee shall post on the Member’s Senate LEGISLATIVE TOOLS ACT OF 2007 Mrs. FEINSTEIN, Mr. BENNETT, Mr. website, in a clear and noticeable manner, SEC. 301. SHORT TITLE. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. the following: This title may be cited as the ‘‘Budget En- SALAZAR, and Mr. DURBIN) to the bill S. 1, ‘‘(i) The nature of the gift received. supra; which was ordered to lie on the table. ‘‘(ii) The value of the gift received. forcement Legislative Tools Act of 2007’’. SA 91. Mr. REID submitted an amendment ‘‘(iii) The name of the person or entity pro- SEC. 302. EXPEDITED CONSIDERATION OF CER- intended to be proposed to amendment SA 41 viding the gift. TAIN PROPOSED RESCISSIONS. proposed by Mr. OBAMA (for himself and Mr. ‘‘(iv) The city and State where the person (a) IN GENERAL.—Part B of title X of the FEINGOLD) to the amendment SA 3 proposed or entity resides. Congressional Budget and Impoundment by Mr. REID (for himself, Mr. MCCONNELL, ‘‘(v) Whether that person is a registered Control Act of 1974 (2 U.S.C. 681 et seq.) is Mrs. FEINSTEIN, Mr. BENNETT, Mr. lobbyist, and if so, the name of the client for amended by redesignating sections 1013 LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. whom the lobbyist is providing the gift and through 1017 as sections 1014 through 1018, re- SALAZAR, and Mr. DURBIN) to the bill S. 1, the city and State where the client resides. spectively, and inserting after section 1012 supra; which was ordered to lie on the table. ‘‘(B) Not later than 30 days after the adop- the following new section: SA 92. Mr. REID submitted an amendment tion of this clause, the Committee on Rules intended to be proposed to amendment SA 41 and Administration shall, in consultation ‘‘EXPEDITED CONSIDERATION OF CERTAIN proposed by Mr. OBAMA (for himself and Mr. with the Select Committee on Ethics and the PROPOSED RESCISSIONS FEINGOLD) to the amendment SA 3 proposed Secretary of the Senate, proscribe the uni- ‘‘SEC. 1013. (a) PROPOSED RESCISSION OF by Mr. REID (for himself, Mr. MCCONNELL, form format by which the postings in sub- DISCRETIONARY BUDGET AUTHORITY AND TAR- Mrs. FEINSTEIN, Mr. BENNETT, Mr. clause (A) shall be established.’’. GETED TAX BENEFITS.—In addition to the LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. SEC. 109. DISCLOSURE OF TRAVEL. method of rescinding discretionary budget Paragraph 2 of rule XXXV of the Standing SALAZAR, and Mr. DURBIN) to the bill S. 1, authority specified in section 1012, the Presi- Rules of the Senate is amended by adding at supra; which was ordered to lie on the table. dent may propose, at the time and in the SA 93. Mr. REID submitted an amendment the end the following: intended to be proposed to amendment SA 41 ‘‘(h)(1) Not later than 48 hours after a manner provided in subsection (b), the rescission of any discretionary budget author- proposed by Mr. OBAMA (for himself and Mr. Member, officer, or employee has accepted ity provided in an appropriations Act or a FEINGOLD) to the amendment SA 3 proposed transportation or lodging otherwise permis- targeted tax benefit provided in a revenue by Mr. REID (for himself, Mr. MCCONNELL, sible by the rules from any other person, Act. Funds made available for obligation Mrs. FEINSTEIN, Mr. BENNETT, Mr. other than a governmental entity, such under this procedure may not be proposed for LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. Member, officer, or employee shall post on rescission again under this section or section SALAZAR, and Mr. DURBIN) to the bill S. 1, the Member’s Senate website, in a clear and supra; which was ordered to lie on the table. noticeable manner, the following: 1012. SA 94. Mr. REID submitted an amendment ‘‘(A) The nature and purpose of the trans- ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.— intended to be proposed to amendment SA 76 portation or lodging. ‘‘(1) Not later than 3 days after the date of submitted by Mr. FEINGOLD (for himself and ‘‘(B) The fair market value of the transpor- enactment of an appropriations Act or rev- Mr. OBAMA) to the amendment SA 3 proposed tation or lodging. enue Act subject to rescission under this sec- by Mr. REID (for himself, Mr. MCCONNELL, ‘‘(C) The name of the person or entity tion, the President may transmit to Con- Mrs. FEINSTEIN, Mr. BENNETT, Mr. sponsoring the transportation or lodging. gress a special message proposing to rescind LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. ‘‘(D) The city and State where the person amounts of discretionary budget authority SALAZAR, and Mr. DURBIN) to the bill S. 1, or entity sponsoring the transportation or provided in that Act or cancel the targeted supra; which was ordered to lie on the table. lodging resides. tax benefit and include with that special

VerDate Aug 31 2005 06:51 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.104 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S614 CONGRESSIONAL RECORD — SENATE January 16, 2007 message a draft bill or joint resolution that, nance of the Senate and the Committee on their control on the passage of a bill or joint if enacted, would only rescind that discre- Ways and Means of the House, as appro- resolution, allot additional time to any Sen- tionary budget authority or cancel the tar- priate. The committee shall report the bill ator during the consideration of any debat- geted tax benefit. or joint resolution without substantive revi- able motion or appeal. ‘‘(2) In the case of an Act that includes ac- sion and with or without recommendation. ‘‘(D) A motion in the Senate to further counts within the jurisdiction of more than The bill or joint resolution shall be reported limit debate on a bill or joint resolution one subcommittee of the Committee on Ap- not later than the seventh day of continuous under this section is not debatable. A motion propriations, the President in proposing to session of that House after it receives the to recommit a bill or joint resolution under rescind discretionary budget authority or bill or joint resolution. A committee failing this section is not in order. cancel a targeted tax benefit under this sec- to report the bill or joint resolution within ‘‘(e) AMENDMENTS PROHIBITED.—No amend- tion shall send a separate special message such period shall be automatically dis- ment to a bill or joint resolution considered and accompanying draft bill or joint resolu- charged from consideration of the bill or under this section shall be in order in either tion for accounts within the jurisdiction of joint resolution, and the bill or joint resolu- the House of Representatives or the Senate. each such subcommittee. tion shall be placed upon the appropriate cal- No motion to suspend the application of this ‘‘(3) Each special message shall specify, endar. subsection shall be in order in either House, with respect to the discretionary budget au- ‘‘(B) A vote on final passage of a bill or nor shall it be in order in either House to thority proposed to be rescinded, the matters joint resolution transmitted to that House suspend the application of this subsection by referred to in paragraphs (1) through (5) of shall be taken on or before the close of the unanimous consent. section 1012(a). 10th calendar day of continuous session of ‘‘(f) REQUIREMENT TO MAKE AVAILABLE OR ‘‘(c) LIMITATION ON AMOUNTS SUBJECT TO that House after the date on which the bill EFFECTIVE DATE.— RESCISSION.— or joint resolution is transmitted. If the bill ‘‘(1) OBLIGATION OF BUDGET AUTHORITY.— ‘‘(1) The amount of discretionary budget or joint resolution is agreed to in that Any amount of discretionary budget author- authority which the President may propose House, the Clerk of the House of Representa- ity proposed to be rescinded in a special mes- to rescind in a special message under this tives (in the case of a bill or joint resolution sage transmitted to Congress under subsection for a particular program, project, or agreed to in the House of Representatives) or section (b) shall be made available for obli- activity for a fiscal year may not exceed 25 the Secretary of the Senate (in the case of a gation on the day after the date on which ei- percent of the amount appropriated for that bill or joint resolution agreed to in the Sen- ther House defeats the bill or joint resolu- program, project, or activity in that Act. ate) shall cause the engrossed bill or joint tion transmitted with that special message. ‘‘(2) The limitation contained in paragraph resolution to be returned to the House in ‘‘(2) TARGETED TAX BENEFIT.—A targeted (1) shall only apply to a program, project, or which the bill or joint resolution originated. tax benefit proposed to be cancelled in a spe- activity that is authorized by law. ‘‘(3)(A) A motion in the House of Rep- cial message transmitted to Congress under ‘‘(d) PROCEDURES FOR EXPEDITED CONSIDER- resentatives to proceed to the consideration ATION.— of a bill or joint resolution under this sec- subsection (b) shall take effect on the day ‘‘(1)(A) Before the close of the second day tion shall be highly privileged and not debat- after the date on which either House defeats of continuous session of the applicable House able. An amendment to the motion shall not the bill or joint resolution transmitted with after the date of receipt of a special message be in order, nor shall it be in order to move that special message or on the effective date transmitted to Congress under subsection to reconsider the vote by which the motion of that targeted tax benefit, whichever date (b), the majority leader or minority leader of is agreed to or disagreed to. is later. the House of Congress in which the Act in- ‘‘(B) Debate in the House of Representa- ‘‘(g) DEFINITIONS.—For purposes of this sec- volved originated shall introduce (by re- tives on a bill or joint resolution under this tion— quest) the draft bill or joint resolution ac- section shall not exceed 4 hours, which shall ‘‘(1) continuity of a session of either House companying that special message. If the bill be divided equally between those favoring of Congress shall be considered as broken or joint resolution is not introduced as pro- and those opposing the bill or joint resolu- only by an adjournment of that House sine vided in the preceding sentence, then, on the tion. A motion further to limit debate shall die, and the days on which that House is not third day of continuous session of that House not be debatable. It shall not be in order to in session because of an adjournment of more after the date of receipt of that special mes- move to recommit a bill or joint resolution than 3 days to a date certain shall be ex- sage, any Member of that House may intro- under this section or to move to reconsider cluded in the computation of any period; duce the bill or joint resolution. the vote by which the bill or joint resolution ‘‘(2) the term ‘discretionary budget author- ‘‘(B) The bill or joint resolution shall be re- is agreed to or disagreed to. ity’ means the dollar amount of discre- ferred to the Committee on Appropriations ‘‘(C) Appeals from decisions of the Chair tionary budget authority and obligation lim- of that House or the Committee on Finance relating to the application of the Rules of itations— of the Senate and the Committee on Ways the House of Representatives to the proce- ‘‘(A) specified in an appropriation law, or and Means of the House, as appropriate. The dure relating to a bill or joint resolution the dollar amount of budget authority re- committee shall report the bill or joint reso- under this section shall be decided without quired to be allocated by a specific proviso in lution without substantive revision and with debate. an appropriation law for which a specific dol- or without recommendation. The bill or joint ‘‘(D) Except to the extent specifically pro- lar figure was not included; resolution shall be reported not later than vided in the preceding provisions of this sub- ‘‘(B) represented separately in any table, the seventh day of continuous session of that section, consideration of a bill or joint reso- chart, or explanatory text included in the House after the date of receipt of that spe- lution under this section shall be governed statement of managers or the governing cial message. If the committee fails to report by the Rules of the House of Representa- committee report accompanying such law; the bill or joint resolution within that pe- tives. ‘‘(C) required to be allocated for a specific riod, that committee shall be automatically ‘‘(4)(A) A motion in the Senate to proceed program, project, or activity in a law (other discharged from consideration of the bill or to the consideration of a bill or joint resolu- than an appropriation law) that mandates joint resolution, and the bill or joint resolution under this section shall be privileged obligations from or within accounts, pro- tion shall be placed on the appropriate cal- and not debatable. An amendment to the mo- grams, projects, or activities for which budg- endar. tion shall not be in order, nor shall it be in et authority or an obligation limitation is ‘‘(C) A vote on final passage of the bill or order to move to reconsider the vote by provided in an appropriation law; joint resolution shall be taken in that House which the motion is agreed to or disagreed ‘‘(D) represented by the product of the esti- on or before the close of the 10th calendar to. mated procurement cost and the total quan- day of continuous session of that House after ‘‘(B) Debate in the Senate on a bill or joint tity of items specified in an appropriation the date of the introduction of the bill or resolution under this section, and all debat- law or included in the statement of man- joint resolution in that House. If the bill or able motions and appeals in connection agers or the governing committee report ac- joint resolution is agreed to, the Clerk of the therewith, shall not exceed 10 hours. The companying such law; or House of Representatives (in the case of a time shall be equally divided between, and ‘‘(E) represented by the product of the esti- bill or joint resolution agreed to in the controlled by, the majority leader and the mated procurement cost and the total quan- House of Representatives) or the Secretary minority leader or their designees. tity of items required to be provided in a law of the Senate (in the case of a bill or joint ‘‘(C) Debate in the Senate on any debatable (other than an appropriation law) that man- resolution agreed to in the Senate) shall motion or appeal in connection with a bill or dates obligations from accounts, programs, cause the bill or joint resolution to be en- joint resolution under this section shall be projects, or activities for which dollar grossed, certified, and transmitted to the limited to not more than 1 hour, to be equal- amount of discretionary budget authority or other House of Congress on the same cally divided between, and controlled by, the an obligation limitation is provided in an ap- endar day on which the bill or joint resolu- mover and the manager of the bill or joint propriation law; and tion is agreed to. resolution, except that in the event the man- ‘‘(3) the term ‘targeted tax benefit’ means ‘‘(2)(A) A bill or joint resolution trans- ager of the bill or joint resolution is in favor only those provisions having the practical ef- mitted to the House of Representatives or of any such motion or appeal, the time in op- fect of providing more favorable tax treat- the Senate pursuant to paragraph (1)(C) shall position thereto, shall be controlled by the ment to a particular taxpayer or limited be referred to the Committee on Appropria- minority leader or his designee. Such lead- group of taxpayers when compared with tions of that House or the Committee on Fi- ers, or either of them, may, from time under other similarly situated taxpayers.’’.

VerDate Aug 31 2005 04:18 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.098 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S615

(b) EXERCISE OF RULEMAKING POWERS.— spending legislation’’ means any bill, joint (1) the need for establishing a Senior Con- Section 904 of such Act (2 U.S.C. 621 note) is resolution, amendment, motion, or congressional Service, similar to the Senior Ex- amended— ference report that affects direct spending as ecutive Service in the executive branch, in (1) by striking ‘‘and 1017’’ in subsection (a) that term is defined by, and interpreted for order to promote the recruitment and reten- and inserting ‘‘1013, and 1018’’; and purposes of, the Balanced Budget and Emer- tion of highly competent senior congres- (2) by striking ‘‘section 1017’’ in subsection gency Deficit Control Act of 1985. sional staff; (d) and inserting ‘‘sections 1013 and 1018’’; (4) EXCLUSION.—For purposes of this sub- (2) the design of a Senior Congressional and section, the terms ‘‘direct-spending legisla- Service, including— (c) CONFORMING AMENDMENTS.— tion’’ and ‘‘revenue legislation’’ do not in- (A) criteria for identifying the types of per- (1) Section 1011 of such Act (2 U.S.C. 682(5)) clude— sonnel or positions which would be appro- is amended— (A) any concurrent resolution on the budg- priate for inclusion; (A) in paragraph (4), by striking ‘‘1013’’ and et; or (B) appropriate levels or ranges of basic inserting ‘‘1014’’; and (B) any provision of legislation that affects pay; and (B) in paragraph (5)— the full funding of, and continuation of, the (C) any special allowances, opportunities (i) by striking ‘‘1016’’ and inserting ‘‘1017’’; deposit insurance guarantee commitment in for professional development, and other con- and effect on the date of enactment of the Budg- ditions of employment which would be ap- (ii) by striking ‘‘1017(b)(1)’’ and inserting et Enforcement Act of 1990. propriate; ‘‘1018(b)(1)’’. (5) BASELINE.—Estimates prepared pursu- (3) any other recommendations, including (2) Section 1015 of such Act (2 U.S.C. 685) ant to this section shall— proposed legislation, necessary for the estab- (as redesignated by section 2(a)) is amend- (A) use the baseline surplus or deficit used lishment of a Senior Congressional Service; ed— for the most recently adopted concurrent and (A) by striking ‘‘1012 or 1013’’ each place it resolution on the budget; and (4) any other measure which would in- appears and inserting ‘‘1012, 1013, or 1014’’; (B) be calculated under the requirements crease retention rates for highly qualified (B) in subsection (b)(1), by striking ‘‘1012’’ of subsections (b) through (d) of section 257 congressional staff and diminish revolving and inserting ‘‘1012 or 1013’’; of the Balanced Budget and Emergency Def- door patterns of employment between Con- (C) in subsection (b)(2), by striking ‘‘1013’’ icit Control Act of 1985 for fiscal years be- gress and lobbying firms. and inserting ‘‘1014’’; and yond those covered by that concurrent reso- (b) SUBMISSION OF REPORT.—Not later than (D) in subsection (e)(2)— lution on the budget. 180 days after the date of enactment of this (i) by striking ‘‘and’’ at the end of subpara- (6) PRIOR SURPLUS.—If direct spending or Act, the General Accountability Office shall graph (A); revenue legislation increases the on-budget submit the report under this section to each (ii) by redesignating subparagraph (B) as deficit or causes an on-budget deficit when House of Congress. subparagraph (C); taken individually, it must also increase the (iii) by striking ‘‘1013’’ in subparagraph (C) on-budget deficit or cause an on-budget def- SA 63. Mr. FEINGOLD submitted an (as so redesignated) and inserting ‘‘1014’’; and icit when taken together with all direct amendment intended to be proposed to (iv) by inserting after subparagraph (A) the spending and revenue legislation enacted amendment SA 3 proposed by Mr. REID following new subparagraph: since the beginning of the calendar year not (for himself, Mr. MCCONNELL, Mrs. ‘‘(B) he has transmitted a special message accounted for in the baseline under para- FEINSTEIN, Mr. BENNETT, Mr. under section 1013 with respect to a proposed graph (5)(A), except that direct spending or LIEBERMAN, Ms. COLLINS, Mr. OBAMA, rescission; and’’. revenue effects resulting in net deficit reduc- (3) Section 1016 of such Act (2 U.S.C. 686) tion enacted pursuant to reconciliation in- Mr. SALAZAR, and Mr. DURBIN) to the (as redesignated by section 2(a)) is amended structions since the beginning of that same bill S. 1, to provide greater trans- by striking ‘‘1012 or 1013’’ each place it ap- calendar year shall not be available. parency in the legislative process; as pears and inserting ‘‘1012, 1013, or 1014’’. (b) WAIVER.—This section may be waived follows: (d) CLERICAL AMENDMENTS.—The table of or suspended in the Senate only by the af- On page 50, strike line 1 and all that fol- sections for subpart B of title X of such Act firmative vote of three-fifths of the Mem- lows through page 51, line 12, and insert the is amended— bers, duly chosen and sworn. following: (1) by redesignating the items relating to (c) APPEALS.—Appeals in the Senate from ‘‘(2) CONGRESSIONAL STAFF.— sections 1013 through 1017 as items relating the decisions of the Chair relating to any ‘‘(A) PROHIBITION.—Any person who is an to sections 1014 through 1018; and provision of this section shall be limited to 1 employee of a House of Congress and who, (2) by inserting after the item relating to hour, to be equally divided between, and con- within 2 years after that person leaves office, section 1012 the following new item: trolled by, the appellant and the manager of knowingly makes, with the intent to influ- ‘‘Sec. 1013. Expedited consideration of cer- the bill or joint resolution, as the case may ence, any communication to or appearance tain proposed rescissions’’. be. An affirmative vote of three-fifths of the before any of the persons described in sub- (e) APPLICATION.—Section 1013 of the Con- Members of the Senate, duly chosen and paragraph (B), on behalf of any other person gressional Budget and Impoundment Control sworn, shall be required to sustain an appeal (except the United States) in connection Act of 1974 (as added by subsection (c)) shall of the ruling of the Chair on a point of order with any matter on which such former em- apply to amounts of discretionary budget au- raised under this section. ployee seeks action by a Member, officer, or thority provided by appropriation Acts (as (d) DETERMINATION OF BUDGET LEVELS.— employee of either House of Congress, in his defined in subsection (g)(2) of such section) For purposes of this section, the levels of or her official capacity, shall be punished as and targeted tax benefits in revenue Acts new budget authority, outlays, and revenues provided in section 216 of this title. that are enacted after the date of the enact- for a fiscal year shall be determined on the ‘‘(B) CONTACT PERSONS COVERED.—Persons ment of this Act. basis of estimates made by the Committee referred to in subparagraph (A) with respect on the Budget of the Senate. SEC. 303. PAY-AS-YOU-GO POINT OF ORDER IN to appearances or communications are any THE SENATE. (e) SUNSET.—This section shall expire on Member, officer, or employee of the House of (a) PAY-AS-YOU-GO POINT OF ORDER IN THE September 30, 2012. Congress in which the person subject to sub- SENATE.— SEC. 304. TERMINATION. paragraph (A) was employed. This subpara- (1) IN GENERAL.—For purposes of Senate en- The authority provided by section 1013 of graph shall not apply to contacts with staff forcement, it shall not be in order in the the Congressional Budget and Impoundment of the Secretary of the Senate or the Clerk Senate to consider any direct spending or Control Act of 1974 (as added by section 2) of the House of Representatives regarding revenue legislation that would increase the shall terminate effective on the date in 2010 compliance with lobbying disclosure require- on-budget deficit or cause an on-budget def- on which the Congress adjourns sine die. ments under the Lobbying Disclosure Act of icit for any one of the 4 applicable time peri- 1995. ods as measured in paragraphs (5) and (6). SA 62. Ms. LANDRIEU submitted an ‘‘(3) MEMBERS OF CONGRESS AND ELECTED (2) APPLICABLE TIME PERIODS.—For pur- amendment intended to be proposed by OFFICERS.—Any person who is a Member of poses of this subsection, the term ‘‘applica- her to the bill S. 1, to provide greater Congress or an elected officer of either House ble time periods’’ means any 1 of the 4 fol- transparency in the legislative process; of Congress and who, within 2 years after lowing periods: which was ordered to lie on the table; that person leaves office, knowingly engages (A) The current year. as follows: in lobbying activities on behalf of any other (B) The budget year. person (except the United States) in connec- (C) The period of the 5 fiscal years fol- At the appropriate place, insert the fol- tion with any matter on which such former lowing the current year. lowing: Member of Congress or elected officer seeks (D) The period of the 5 fiscal years fol- SEC. ll. SENIOR CONGRESSIONAL SERVICE. action by a Member, officer, or employee of lowing the 5 fiscal years referred to in sub- (a) STUDY AND REPORT.—The General Ac- either House of Congress shall be punished as paragraph (C). countability Office, in consultation with the provided in section 216 of this title.’’; (3) DIRECT-SPENDING LEGISLATION.—For Congressional Management Foundation, (3) in paragraph (6)— purposes of this subsection and except as shall conduct a study and prepare a report (A) by striking ‘‘paragraphs (2), (3), and provided in paragraph (4), the term ‘‘direct- relating to— (4)’’ and inserting ‘‘paragraph (2)’’;

VerDate Aug 31 2005 04:18 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.098 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S616 CONGRESSIONAL RECORD — SENATE January 16, 2007 (B) by striking ‘‘(A)’’; SEC. ll. FULL DISCLOSURE OF EXECUTIVE CON- LIEBERMAN, Ms. COLLINS, Mr. OBAMA, TACTS BY LOBBYIST. (C) by striking subparagraph (B); and Mr. SALAZAR, and Mr. DURBIN) to the (D) by redesignating the paragraph as Section 5(b)(2)(B) of the Act (2 U.S.C. bill S. 1, to provide greater trans- 1604(b)(2)(B)) is amended by inserting after paragraph (4); and parency in the legislative process; as (4) by redesignating paragraph (7) as para- ‘‘Federal agencies’’ the following: ‘‘(includ- graph (5). ing specifically which office or component of follows: (c) DEFINITION OF LOBBYING ACTIVITY.—Sec- the agency)’’. On page 7, after line 6, insert the following: tion 207(i) of title 18, United States Code, is ‘‘4. It shall not be in order to consider any amended— SA 67. Mr. REID submitted an bill, resolution, or conference report that (1) in paragraph (2), by striking ‘‘and’’ amendment intended to be proposed by contains an earmark included in any classi- after the semicolon; him to the bill S. 1, to provide greater fied portion of a report accompanying the (2) in paragraph (3), by striking the period transparency in the legislative process; measure unless the bill, resolution, or con- and inserting ‘‘; and’’; and which was ordered to lie on the table; ference report includes to the greatest extent practicable, consistent with the need to (3) by adding at the end the following: as follows: ‘‘(4) the term ‘lobbying activities’ has the protect national security (including intel- same meaning given such term in section 3(7) At the appropriate place, insert the fol- ligence sources and methods), in unclassified of the Lobbying Disclosure Act (2 U.S.C. lowing: language, a general program description, 1602(7)).’’. SEC. ll. SENSE OF THE SENATE REGARDING IM- funding level, and the name of the sponsor of (d) EFFECTIVE DATE.—The amendments PROVING CAMPAIGN FINANCE LAWS. that earmark.’’. made by subsection (b) shall take effect 60 It is the sense of the Senate that the Com- days after the date of enactment of this Act. mittee on Rules and Administration of the SA 71. Mr. NELSON OF Nebraska (for Senate should— himself and Mr. SALAZAR) submitted an SA 64. Mr. FEINGOLD submitted an (1) study proposals to improve federal cam- amendment intended to be proposed to paign finance laws and report any legislation amendment intended to be proposed to amendment SA 3 proposed by Mr. REID to the full Senate in a timely manner. amendment SA 3 proposed by Mr. REID (for himself, Mr. MCCONNELL, Mrs. (for himself, Mr. MCCONNELL, Mrs. SA 68. Mr. REID submitted an FEINSTEIN, Mr. BENNETT Mr. FEINSTEIN, Mr. BENNETT, Mr. amendment intended to be proposed by LIEBERMAN, Ms. COLLINS, Mr. OBAMA, LIEBERMAN, Ms. COLLINS, Mr. OBAMA, him to the bill S. 1, to provide greater Mr. SALAZAR, and Mr. DURBIN) to the Mr. SALAZAR, and Mr. DURBIN) to the transparency in the legislative process; bill S. 1, to provide greater trans- bill S. 1, to provide greater trans- which was ordered to lie on the table; parency in the legislative process; as parency in the legislative process; as as follows: follows: follows: At the appropriate place, insert the fol- At the appropriate place, insert the fol- At the appropriate place, insert the following: lowing: lowing: SEC. ll. SENSE OF THE SENATE REGARDING IM- SEC. ll. EQUAL APPLICATION OF ETHICS Paragraph (1)(d) of rule XXXV of the PROVING THE ETHICS ENFORCE- RULES TO EXECUTIVE AND JUDICI- Standing Rules of the Senate is amended by MENT PROCESS IN THE SENATE. ARY. adding at the end the following: It is the Sense of the Senate that the Com- (a) GIFT AND TRAVEL BANS.— ‘‘5. A Member may not participate in an mittee on Homeland Security and Govern- (1) IN GENERAL.—The gift and travel bans event honoring that Member at a national mental Affairs and the Committee on Rules that become the rules of the Senate and law party convention if such event is paid for by and Administration of the Senate should— upon enactment of this Act, shall be the any person or entity required to register pur- (1) study mechanisms to improve the eth- minimum standards employed for any person suant to section 4(a) of the Lobbying Disclo- ics enforcement process in the Senate and re- described in paragraph (2). sure Act of 1995, or any individual or entity port any legislation to the full Senate in a (2) APPLICABILITY.—A person described in identified as a lobbyist or a client in any timely manner; this paragraph is the following: current registration or report filed under (2) in studying mechanisms under para- (A) SENIOR EXECUTIVE PERSONNEL.—A per- such Act.’’. graph (1), consider whether or not it would son— be constitutional and wise to establish an (i) employed at a rate of pay specified in or SA 65. Mr. FEINGOLD submitted an independent bicameral office, separate of- fixed according to subchapter II of chapter 53 amendment intended to be proposed to fices for the Senate and House of Representa- of title 5, United States Code; (ii) employed in a position which is not re- amendment SA 4 proposed by Mr. REID tives, or an independent bipartisan commission to investigate complaints of violation of ferred to in clause (i) and for which that per- (for himself, Mr. DURBIN, Mr. SALAZAR, son is paid at a rate of basic pay which is and Mr. OBAMA) to the amendment SA the ethics rules of the Senate or House of Representatives and present matters to the equal to or greater than 86.5 percent of the 3 proposed by Mr. REID (for himself, Select Committee on Ethics of the Senate; rate of basic pay for level II of the Executive Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. and Schedule, or, for a period of 2 years following BENNETT, Mr. LIEBERMAN, Ms. COLLINS, (3) in studying mechanisms under para- the enactment of the National Defense Au- Mr. OBAMA, Mr. SALAZAR, and Mr. DUR- graph (1), consult with the Select Committee thorization Act for Fiscal Year 2004, a person BIN) to the bill S. 1, to provide greater on Ethics of the Senate. who, on the day prior to the enactment of transparency in the legislative process; that Act, was employed in a position which is not referred to in clause (i) and for which as follows: SA 69. Mr. REID submitted an amendment intended to be proposed by the rate of basic pay, exclusive of any local- On page 2, between lines 2 and 3, insert the ity-based pay adjustment under section 5304 following: him to the bill S. 1, to provide greater or section 5304a of title 5, United States SEC. 108A. NATIONAL PARTY CONVENTIONS. transparency in the legislative process; Code, was equal to or greater than the rate Paragraph (1)(d) of rule XXXV of the which was ordered to lie on the table; of basic pay payable for level 5 of the Senior Standing Rules of the Senate is amended by as follows: Executive Service on the day prior to the en- adding at the end the following: At the appropriate place, insert the fol- actment of that Act; ‘‘5. A Member may not participate in an lowing: (iii) appointed by the President to a posi- event honoring that Member at a national SEC. ll. SENSE OF THE SENATE REGARDING IM- tion under section 105(a)(2)(B) of title 3, party convention if such event is paid for by PROVING CAMPAIGN FINANCE LAWS. United States Code or by the Vice President any person or entity required to register pur- It is the sense of the Senate that the Com- to a position under section 106(a)(1)(B) of suant to section 4(a) of the Lobbying Disclo- mittee on Rules and Administration of the title 3, United States Code; or sure Act of 1995, or any individual or entity Senate should— (iv) employed in a position which is held by identified as a lobbyist or a client in any (1) study proposals to improve federal cam- an active duty commissioned officer of the current registration or report filed under paign finance laws, including: laws related to uniformed services who is serving in a grade such Act.’’. the bundling of contributions, and report or rank for which the pay grade (as specified any legislation to the full Senate in a timely in section 201 of title 37, United States Code) SA 66. Mrs. BOXER submitted an manner. is pay grade O-7 or above. amendment intended to be proposed by (B) VERY SENIOR EXECUTIVE PERSONNEL.—A her to the bill S. 1, to provide greater SA 70. Mrs. FEINSTEIN (for herself person described in section 207(d)(1) of title 18, United States Code. transparency in the legislative process; and Mr. ROCKEFELLER) submitted an (C) SENIOR MEMBERS OF JUDICIAL BRANCH.— which was ordered to lie on the table; amendment intended to be proposed to A senior member of the judicial branch, as as follows: amendment SA 3 proposed by Mr. REID defined by the Judicial Conference of the At the appropriate place, insert the fol- (for himself, Mr. MCCONNELL, Mrs. United States. lowing: FEINSTEIN, Mr. BENNETT Mr. (b) STAFF LOBBYING.—

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(1) IN GENERAL.—Section 207(c)(2)(A) of At the end of title I, insert the following: ‘‘(D) the name of each Federal candidate or title 18, United States Code, is amended by SEC. 120. DEFINITIONS. officeholder, leadership PAC, or political striking clauses (i) through (v) and inserting Notwithstanding any other provision of party committee for whom a fundraising the following: this Act, for purposes of rule XLIV of the event was hosted, co-hosted, or sponsored by ‘‘(i) employed by any department or agen- Standing Rules of the Senate— the lobbyist, the registrant, or a political cy of the executive branch; or (1) the term ‘‘limited tax benefit’’ means— committee established or administered by ‘‘(ii) assigned from a private sector organi- (A) any provision that provides a Federal the registrant within the quarter, and the zation to an agency under chapter 37 of title tax deduction, credit, exclusion, or pref- date, location, and total amount (or good 5.’’. erence to 100 or fewer beneficiaries under the faith estimate thereof) raised at such event; (2) CONFORMING AMENDMENT.—Section Internal Revenue Code of 1986; ‘‘(E) the name of each covered legislative 207(c)(2)(C) of title 18, United States Code, is branch official or covered executive branch amended— SA 74. Mr. REID submitted an official for whom the lobbyist, the reg- (A) by redesignating clauses (i) and (ii) as amendment intended to be proposed by istrant, or a political committee established subclauses (I) and (II), respectively; him to the bill S. 1, to provide greater or administered by the registrant provided, or directed or caused to be provided, any (B) by inserting ‘‘(i)’’ before ‘‘At the re- transparency in the legislative process; quest’’; payment or reimbursements for travel and (C) by striking ‘‘referred to in clause (ii) or which was ordered to lie on the table; related expenses in connection with the du- (iv) of subparagraph (A)’’ and inserting ‘‘de- as follows: ties of such covered official, including for scribed in clause (ii)’’; and On page 44, after line 23, insert the fol- each such official— (D) by adding at the end the following: lowing: ‘‘(i) an itemization of the payments or re- ‘‘(ii) A position described in this clause is ‘‘(9) a certification that no employee listed imbursements provided to finance the travel any position— as a lobbyist under section 4(b)(6) or and related expenses, and to whom the pay- ‘‘(I) where— 5(b)(2)(C) serves as a Treasurer or other offi- ments or reimbursements were made with ‘‘(aa) the person is not employed at a rate cial on the campaign committee for a Fed- the express or implied understanding or of pay specified in or fixed according to sub- eral candidate or officeholder or for a leader- agreement that such funds will be used for chapter II of chapter 53 of title 5; and ship PAC.’’. travel and related expenses; ‘‘(bb) for which that person is paid at a ‘‘(ii) the purpose and final itinerary of the rate of basic pay which is equal to or greater SA 75. Mr. REID submitted an trip, including a description of all meetings, than 86.5 percent of the rate of basic pay for amendment intended to be proposed by tours, events, and outings attended; level II of the Executive Schedule, or, for a him to the bill S. 1, to provide greater ‘‘(iii) whether the registrant or lobbyist traveled on any such travel; period of 2 years following the enactment of transparency in the legislative process; the National Defense Authorization Act for ‘‘(iv) the identity of the listed sponsor or which was ordered to lie on the table; sponsors of such travel; and Fiscal Year 2004, a person who, on the day as follows: prior to the enactment of that Act, was em- ‘‘(v) the identity of any person or entity, ployed in a position which is not referred to On page 31, after line 6, insert the fol- other than the listed sponsor or sponsors of in clause (i) and for which the rate of basic lowing: the travel, who directly or indirectly provided for payment of travel and related ex- pay, exclusive of any locality-based pay ad- ‘‘(9) in the case of a covered lobbyist, the penses at the request or suggestion of the justment under section 5304 or section 5304a name of each Federal candidate or office- lobbyist, the registrant, or a political com- of title 5, was equal to or greater than the holder or leadership PAC on which the cov- mittee established or administered by the rate of basic pay payable for level 5 of the ered lobbyist serves as a Treasurer or other registrant; Senior Executive Service on the day prior to official.’’. ‘‘(F) the date, recipient, and amount of the enactment of that Act; or funds contributed, disbursed, or arranged (or ‘‘(II) which is held by an active duty com- SA 76. Mr. FEINGOLD (for himself a good faith estimate thereof) by the lob- missioned officer of the uniformed services and Mr. OBAMA) submitted an amend- byist, the registrant, or a political com- who is serving in a grade or rank for which ment intended to be proposed to mittee established or administered by the the pay grade (as specified in section 201 of amendment SA 3 proposed by Mr. REID registrant— title 37) is pay grade O-7 or above.’’. (for himself, Mr. MCCONNELL, Mrs. ‘‘(i) to pay the cost of an event to honor or (c) SENIOR EXECUTIVE STAFF EMPLOYMENT FEINSTEIN, Mr. BENNETT, Mr. recognize a covered legislative branch offi- NEGOTIATIONS.—Senior and very senior Exec- cial or covered executive branch official; utive personnel shall not directly negotiate LIEBERMAN, Ms. COLLINS, Mr. OBAMA, ‘‘(ii) to, or on behalf of, an entity that is or have any arrangement concerning pro- Mr. SALAZAR, and Mr. DURBIN) to the bill S. 1, to provide greater trans- named for a covered legislative branch offi- spective private employment while employed cial, or to a person or entity in recognition in that position unless that employee files a parency in the legislative process; as of such official; signed statement with the Office of Govern- follows: ‘‘(iii) to an entity established, financed, ment Ethics for public disclosure regarding Strike section 212 and insert the following: maintained, or controlled by a covered legis- such negotiations or arrangements within 3 SEC. 212. QUARTERLY REPORTS ON OTHER CON- lative branch official or covered executive business days after the commencement of TRIBUTIONS. branch official, or an entity designated by such negotiation or arrangement, including Section 5 of the Act (2 U.S.C. 1604) is such official; or the name of the private entity or entities in- amended by adding at the end the following: ‘‘(iv) to pay the costs of a meeting, retreat, volved in such negotiations or arrangements, ‘‘(d) QUARTERLY REPORTS ON OTHER CON- conference, or other similar event held by, or the date such negotiations or arrangements TRIBUTIONS.— for the benefit of, 1 or more covered legisla- commenced. ‘‘(1) IN GENERAL.—Not later than 45 days tive branch officials or covered executive after the end of the quarterly period begin- SA 72. Mr. HARKIN submitted an branch officials; except that this paragraph ning on the 20th day of January, April, July, shall not apply to any funds required to be amendment intended to be proposed by and October of each year, or on the first reported under section 304 of the Federal him to the bill S. 1, to provide greater business day after the 20th if that day is not Election Campaign Act of 1974 (2 U.S.C. 434) transparency in the legislative process; a business day, each registrant under para- ‘‘(G) the date, recipient, and amount of any which was ordered to lie on the table; graphs (1) or (2) of section 4(a), and each em- gift (that under the standing rules of the as follows: ployee who is listed as a lobbyist on a cur- House of Representatives or Senate counts At the end of title 1, insert the following: rent registration or report filed under this towards the $100 cumulative annual limit de- Act, shall file a report with the Secretary of SEC. 120. DEFINITIONS. scribed in such rules) valued in excess of $20 the Senate and the Clerk of the House of Notwithstanding any other provision of given by the lobbyist, the registrant, or a po- Representatives containing— this Act, for purposes of rule XLIV of the litical committee established or adminis- ‘‘(A) the name of the registrant or lob- Standing Rules of the Senate— tered by the registrant to a covered legisla- byist; (1) the term ‘‘limited tax benefit’’ means— tive branch official or covered executive ‘‘(B) the employer of the lobbyist or the any provision that provides a federal tax de- branch official; and names of all political committees estab- duction, credit, exclusion or preference to a ‘‘(H) the name of each Presidential library lished or administered by the registrant; particular beneficiary or limited group of foundation and Presidential inaugural com- ‘‘(C) the name of each Federal candidate or beneficiaries. mittee, to whom contributions equal to or officeholder, leadership PAC, or political exceeding $200 were made by the lobbyist, SA 73. Mr. HARKIN submitted an party committee, to whom aggregate con- the registrant, or a political committee es- amendment intended to be proposed by tributions equal to or exceeding $200 were tablished or administered by the registrant made by the lobbyist, the registrant, or a po- him to the bill S. 1, to provide greater within the calendar year, and the date and litical committee established or adminis- amount of each such contribution within the transparency in the legislative process; tered by the registrant within the calendar quarter. which was ordered to lie on the table; year, and the date and amount of each con- ‘‘(2) RULE OF CONSTRUCTION.— as follows: tribution made within the quarter; For the purposes of this paragraph—

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Mr. BENNETT submitted an 3 proposed by Mr. REID (for himself, Federal officeholder, leadership PAC, or po- amendment intended to be proposed to Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. litical party committee. amendment SA 4 proposed by Mr. REID ‘‘(3) DEFINITIONS.—In this subsection, the BENNETT, Mr. LIEBERMAN, Ms. COLLINS, (for himself, Mr. DURBIN, Mr. SALAZAR, following definitions shall apply: Mr. OBAMA, Mr. SALAZAR, and Mr. DUR- and Mr. OBAMA) to the amendment SA ‘‘(A) GIFT.—The term ‘gift’— BIN) to the bill S. 1 to provide greater 3 proposed by Mr. REID (for himself, ‘‘(i) means a gratuity, favor, discount, en- transparency in the legislative process; Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. tertainment, hospitality, loan, forbearance, as follows: or other item having monetary value; and BENNETT, Mr. LIEBERMAN, Ms. COLLINS, At the appropriate place, insert the fol- ‘‘(ii) includes, whether provided in kind, by Mr. OBAMA,, Mr. SALAZAR, and Mr. lowing: purchase of a ticket, payment in advance, or DURBIN) to the bill S. 1, to provide reimbursement after the expense has been SEC. lll. OFFICIAL TRAVEL. greater transparency in the legislative Rule XXXVIII of the Standing Rules of the incurred— process; which was ordered to lie on ‘‘(I) gifts of services; Senate is amended by adding at the end the ‘‘(II) training; following: the table; as follows: ‘‘(III) transportation; and ‘‘3. Any payment or reimbursement for Strike section 109 and insert the following: ‘‘(IV) lodging and meals. travel in connection with the official duties SEC. 109. TRAVEL RESTRICTIONS AND DISCLO- ‘‘(B) LEADERSHIP PAC.—The term ‘leader- of the Member (except in the case of third SURE. ship PAC’ means with respect to an indi- party sponsored travel approved by the Se- (a) IN GENERAL.—Paragraph 2 of rule vidual holding Federal office, an unauthor- lect Committee on Ethics under rule XXXV) XXXV of the Standing Rules of the Senate is ized political committee which is associated shall be paid for exclusively with appro- amended by adding at the end the following: with an individual holding Federal office, ex- priated funds or funds from a political com- ‘‘(f)(1) Before a Member, officer, or em- cept that such term shall not apply in the mittee as defined in section 301(4) of the Fed- ployee may accept transportation or lodging case of a political committee of a political eral Election Campaign Act of 1971 (2 U.S.C. otherwise permissible under this paragraph party.’’. 431C4) and may not be supplemented by any from any person, other than a governmental other funds, including funds of the Member, entity, such Member, officer, or employee SA 77. Mr. DURBIN submitted an or a gift.’’. shall— amendment intended to be proposed by ‘‘(A) obtain a written certification from him to the bill S. 1, to provide greater SA 80. Mr. COBURN submitted an such person (and provide a copy of such cer- transparency in the legislative process; amendment intended to be proposed by tification to the Select Committee on Eth- which was ordered to lie on the table, him to the bill S. 1, to provide greater ics) that— as follows: transparency in the legislative process; ‘‘(i) the trip was not financed in whole, or At the appropriate place, insert the fol- which was ordered to lie on the table; in part, by a registered lobbyist or foreign lowing: as follows: agent; ‘‘(ii) the person did not accept, directly or SEC. . AMENDMENTS AND MOTIONS TO At the appropriate place, insert, indirectly, funds from a registered lobbyist RECOMMITT. (a) It shall not be in order to consider any or foreign agent specifically earmarked for Paragraph 1 of Rule XV of the Standing bill, joint resolution, conference report or the purpose of financing the travel expenses; Rules of the Senate is amended to read as amendment to a bill, joint resolution or con- ‘‘(iii) the trip was not planned, organized, follows: ference report that contains a congressional or arranged by or at the request of a reg- ‘‘1. (a) An amendment and any instruction initiative unless the language of such spe- istered lobbyist or foreign agent; and accompanying a motion to recommit shall cifically requires competitive procedures be ‘‘(iv) registered lobbyists will not partici- be reduced to writing and read and identical in place for selection of earmark funds re- pate in or attend the trip; copies shall be provided by the Senator offer- cipients. ‘‘(B) provide the Select Committee on Eth- ing the amendment or instruction to the a. Competitive procedures defined—com- ics (in the case of an employee, from the su- desks of the Majority Leader and the Minor- petitive procedures means those procedures pervising Member or officer), in writing— ity leader before being debated. in accordance with the requirements of sec- ‘‘(b) A motion shall be reduced to writing, ‘‘(i) a detailed itinerary of the trip; and tion 303 of the Federal Property and Admin- if desired by the Presiding officer or by any ‘‘(ii) a determination that the trip— istrative Services Act of 1949 (41 U.S.C. 253), Senator, and shall be read before being de- ‘‘(I) is primarily educational (either for the section 2304 of title 10, United States Code, bated.’’. invited person or for the organization spon- and the Federal Acquisition Regulation. soring the trip); b. Bid requirement—The language of a bill, SA 78. Mr. LOTT submitted an ‘‘(II) is consistent with the official duties joint resolution, conference report or amend- amendment intended to be proposed to of the Member, officer, or employee; ment must prohibit any contract or grant ‘‘(III) does not create an appearance of use amendment SA 4 proposed by Mr. REID from being awarded unless more than one bid of public office for private gain; and (for himself, Mr. DURBIN, Mr. SALAZAR or application is received for each grant or ‘‘(iii) has a minimal or no recreational and Mr. OBAMA) to the amendment SA contract. 3 proposed by Mr. REID (for himself, component; and ‘‘(C) obtain written approval of the trip Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. SA 81. Mr. BENNETT submitted an from the Select Committee on Ethics. BENNETT, Mr. LIEBERMAN, Ms. COLLINS, amendment intended to be proposed to ‘‘(2) Not later than 30 days after comple- Mr. OBAMA, Mr. SALAZAR, and MR. DUR- amendment SA 4 proposed by Mr. REID tion of travel, approved under this subpara- BIN) to the bill S. 1 to provide greater (for himself, Mr. DURBIN, Mr. SALAZAR, graph, the Member, officer, or employee transparency in the legislative process; and Mr. OBAMA) to the amendment SA shall file with the Select Committee on Eth- as follows: 3 proposed by Mr. REID (for himself, ics and the Secretary of the Senate a de- At the appropriate place, insert the fol- Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. scription of meetings and events attended lowing: BENNETT, Mr. LIEBERMAN, Ms. COLLINS, during such travel and the names of any registered lobbyist who accompanied the Mem- SEC. lll. OFFICIAL TRAVEL. Mr. OBAMA, Mr. SALAZAR, and Mr. DUR- Rule XXXVIII of the Standing Rules of the ber, officer, or employee during the travel, BIN) to the bill S. 1, to provide greater except when disclosure of such information Senate is amended by adding at the end the transparency in the legislative process; following: is deemed by the Member or supervisor under ‘‘3. Any payment or reimbursement for as follows: whose direct supervision the employee is em- travel in connection with the official duties On page 3, line 8, after ‘‘clause (1)’’ insert ployed to jeopardize the safety of an indi- of the Member (except in the case of third ‘‘sponsored by a 501(c)(3) organization that vidual or adversely affect national security. party sponsored travel approved by the Se- has been pre-approved by the Select Com- Such information shall also be posted on the lect Committee on Ethics under rule XXXV) mittee on Ethics. When deciding whether to Member’s official website not later than 30 shall be paid for exclusively with appro- pre-approve a 501(c)(3) organization, the Se- days after the completion of the travel, ex- priated funds and may not be supplemented lect Committee on Ethics shall consider the cept when disclosure of such information is by any other funds, including funds of the stated mission of the organization, the orga- deemed by the Member to jeopardize the Member or from a political committee as de- nization’s prior history of sponsoring con- safety of an individual or adversely affect fined in section 301(4) of the Federal Election gressional trips, other educational activities national security.’’. Campaign Act of 1971 (2 U.S.C. 431(4)), or a performed by the organization besides spon- (b) DISCLOSURE OF NONCOMMERCIAL AIR gift.’’. soring congressional trips, whether any trips TRAVEL.—

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(1) RULES.—Paragraph 2 of rule XXXV of TITLE III—SECOND LOOK AT WASTEFUL in section 257 of the Balanced Budget and the Standing Rules of the Senate, as amend- SPENDING ACT OF 2007 Emergency Deficit Control Act of 1985 and ed by subsection (a), is amended by adding at SEC. 301. SHORT TITLE. included with a budget submission under sec- the end the following: This title may be cited as the ‘‘Second tion 1105(a) of title 31, United States Code, for the time periods of— ‘‘(g) A Member, officer, or employee of the Look at Wasteful Spending Act of 2007’’. ‘‘(I) the fiscal year in which the proposal is Senate shall— SEC. 302. LEGISLATIVE LINE ITEM VETO. submitted; and ‘‘(1) disclose a flight on an aircraft that is (a) IN GENERAL.—Title X of the Congres- ‘‘(II) each of the 10 following fiscal years not licensed by the Federal Aviation Admin- sional Budget and Impoundment Control Act beginning with the fiscal year after the fiscal istration to operate for compensation or of 1974 (2 U.S.C. 621 et seq.) is amended by year in which the proposal is submitted; hire, excluding a flight on an aircraft owned, striking part C and inserting the following: ‘‘(iv) any account, department, or estab- operated, or leased by a governmental enti- ‘‘PART C—LEGISLATIVE LINE ITEM VETO lishment of the Government to which such ty, taken in connection with the duties of ‘‘SEC. 1021. EXPEDITED CONSIDERATION OF CER- dollar amount of discretionary budget au- the Member, officer, or employee as an of- TAIN PROPOSED RESCISSIONS. thority or item of direct spending is avail- ficeholder or Senate officer or employee; and ‘‘(a) PROPOSED RESCISSIONS.—The Presi- able for obligation, and the specific project ‘‘(2) with respect to the flight, file a report dent may send a special message, at the time or governmental functions involved; with the Secretary of the Senate, including and in the manner provided in subsection (b), ‘‘(v) the reasons why such dollar amount of the date, destination, and owner or lessee of that proposes to rescind dollar amounts of discretionary budget authority or item of di- the aircraft, the purpose of the trip, and the discretionary budget authority, items of direct spending or targeted tax benefit should persons on the trip, except for any person rect spending, and targeted tax benefits. be rescinded; flying the aircraft.’’. ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.— ‘‘(vi) the estimated fiscal and economic im- (2) FECA.—Section 304(b) of the Federal ‘‘(1) SPECIAL MESSAGE.— pacts, of the proposed rescission; Election Campaign Act of 1971 (2 U.S.C. ‘‘(A) IN GENERAL.— ‘‘(vii) to the maximum extent practicable, 434(b)) is amended— ‘‘(i) FOUR MESSAGES.—The President may all facts, circumstances, and considerations (A) by striking ‘‘and’’ at the end of para- transmit to Congress not to exceed 4 special relating to or bearing upon the proposed re- graph (7); messages per calendar year, proposing to rescission and the decision to effect the pro- (B) by striking the period at the end of scind dollar amounts of discretionary budget posed rescission, and the estimated effect of paragraph (8) and inserting ‘‘; and’’; and authority, items of direct spending, and tar- the proposed rescission upon the objects, (C) by adding at the end the following: geted tax benefits. purposes, and programs for which the budget ‘‘(9) in the case of a principal campaign ‘‘(ii) TIMING.—Special messages may be authority or items of direct spending or tar- committee of a candidate (other than a can- transmitted under clause (i)— geted tax benefits are provided; and didate for election to the office of President ‘‘(I) with the President’s budget submitted ‘‘(viii) a draft bill that, if enacted, would or Vice President), any flight taken by the pursuant to section 1105 of title 31, United rescind the budget authority, items of direct candidate (other than a flight designated to States Code; and spending and targeted tax benefits proposed transport the President, Vice President, or a ‘‘(II) 3 other times as determined by the to be rescinded in that special message. ‘‘(2) ANALYSIS BY CONGRESSIONAL BUDGET candidate for election to the office of Presi- President. OFFICE AND JOINT COMMITTEE ON TAXATION.— dent or Vice President) during the reporting ‘‘(iii) LIMITATIONS.— ‘‘(A) IN GENERAL.—Upon the receipt of a ‘‘(I) IN GENERAL.—Special messages shall period on an aircraft that is not licensed by special message under this part proposing to be submitted within 1 calendar year of the the Federal Aviation Administration to op- rescind dollar amounts of discretionary date of enactment of any dollar amount of erate for compensation or hire, together budget authority, items of direct spending, discretionary budget authority, item of di- with the following information: and targeted tax benefits— ‘‘(A) The date of the flight. rect spending, or targeted tax benefit the ‘‘(i) the Director of the Congressional ‘‘(B) The destination of the flight. President proposes to rescind pursuant to Budget Office shall prepare an estimate of ‘‘(C) The owner or lessee of the aircraft. this Act. the savings in budget authority or outlays ‘‘(II) RESUBMITTAL REJECTED.—If Congress ‘‘(D) The purpose of the flight. resulting from such proposed rescission and rejects a bill introduced under this part, the ‘‘(E) The persons on the flight, except for shall include in its estimate, an analysis pre- President may not resubmit any of the dol- any person flying the aircraft.’’. pared by the Joint Committee on Taxation lar amounts of discretionary budget author- (c) PUBLIC AVAILABILITY.—Paragraph 2(e) related to targeted tax benefits; and ity, items of direct spending, or targeted tax of rule XXXV of the Standing Rules of the ‘‘(ii) the Director of the Joint Committee benefits in that bill under this part, or part Senate is amended to read as follows: on Taxation shall prepare an estimate and B with respect to dollar amounts of discre- forward such estimate to the Congressional ‘‘(e) The Secretary of the Senate shall tionary budget authority. Budget Office, of the savings from repeal of make available to the public all disclosures ‘‘(III) RESUBMITAL AFTER SINE DIE.—If Con- targeted tax benefits. filed pursuant to subparagraphs (f) and (g) as gress does not complete action on a bill in- ‘‘(B) METHODOLOGY.—The estimates re- soon as possible after they are received and troduced under this part because Congress quired by subparagraph (A) shall be made such matters shall be posted on the Mem- adjourns sine die, the President may resub- relative to the most recent levels calculated ber’s official website but no later than 30 mit some or all of the dollar amounts of dis- consistent with the methodology used to cal- days after the trip or flight.’’. cretionary budget authority, items of direct culate a baseline under section 257 of the spending, and targeted tax benefits in that Balanced Budget and Emergency Control Act bill in not more than 1 subsequent special of 1985 and included with a budget submis- SA 83. Mr. GREGG (for himself, Mr. message under this part, or part B with re- sion under section 1105(a) of title 31, United DEMINT, Mrs. DOLE, Mr. BURR, Mr. spect to dollar amounts of discretionary States Code, and transmitted to the chair- budget authority. CHAMBLISS, Mr. THOMAS, Mr. MCCON- men of the Committees on the Budget of the ‘‘(B) CONTENTS OF SPECIAL MESSAGE.—Each NELL, Mr. LOTT, Mr. KYL, Mrs. House of Representatives and Senate. special message shall specify, with respect to ‘‘(3) ENACTMENT OF RESCISSION BILL.— HUTCHISON, Mr. CORNYN, Mr. ALLARD, the dollar amount of discretionary budget ‘‘(A) DEFICIT REDUCTION.—Amounts of Mr. CRAPO, Mr. BUNNING, Mr. VITTER, authority, item of direct spending, or tar- budget authority or items of direct spending Mr. BROWNBACK, Mr. ALEXANDER, Mr. geted tax benefit proposed to be rescinded— or targeted tax benefit that are rescinded CRAIG, Mr. MCCAIN, Mr. SUNUNU, Mr. ‘‘(i) the dollar amount of discretionary pursuant to enactment of a bill as provided ENZI, Mr. MARTINEZ, Mr. COLEMAN, Mr. budget authority available and proposed for under this part shall be dedicated only to rescission from accounts, departments, or es- deficit reduction and shall not be used as an GRAHAM, Mr. VOINOVICH, Mr. ISAKSON, tablishments of the government and the dol- offset for other spending increases or rev- Mr. COBURN, Mr. ENSIGN, Mr. THUNE, lar amount of the reduction in outlays that enue reductions. and Mr. SESSIONS) submitted an would result from the enactment of such re- ‘‘(B) ADJUSTMENT OF BUDGET TARGETS.— amendment intended to be proposed to scission of discretionary budget authority Not later than 5 days after the date of enact- amendment SA 3 proposed by Mr. REID for the time periods set forth in clause (iii); ment of a rescission bill as provided under (for himself, Mr. MCCONNELL, Mrs. ‘‘(ii) the specific items of direct spending this part, the chairs of the Committees on and targeted tax benefits proposed for rescis- the Budget of the Senate and the House of FEINSTEIN, Mr. BENNETT, Mr. sion and the dollar amounts of the reduc- Representatives shall revise spending and LIEBERMAN, Ms. COLLINS, Mr. OBAMA, tions in budget authority and outlays or in- revenue levels under section 311(a) of the Mr. SALAZAR, and Mr. DURBIN) to the creases in receipts that would result from Congressional Budget Act of 1974 and adjust bill S. 1, to provide greater trans- enactment of such rescission for the time pe- the committee allocations under section parency in the legislative process; riods set forth in clause (iii); 302(a) of the Congressional Budget Act of 1974 which was ordered to lie on the table; ‘‘(iii) the budgetary effects of proposals for or any other adjustments as may be appro- as follows: rescission, estimated as of the date the priate to reflect the rescission. The adjust- President submits the special message, rel- ments shall reflect the budgetary effects of At the appropriate place, insert the fol- ative to the most recent levels calculated such rescissions as estimated by the Presi- lowing: consistent with the methodology described dent pursuant to paragraph (1)(B)(iii). The

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appropriate committees shall report revised shall cause the bill to be transmitted to the ‘‘(1) IN GENERAL.—No amendment to a bill allocations pursuant to section 302(b) of the Senate before the close of the next day of considered under this part shall be in order Congressional Budget Act of 1974. Notwith- session of the House. in either the Senate or the House of Rep- standing any other provision of law, the re- ‘‘(2) CONSIDERATION IN THE HOUSE OF REP- resentatives. vised allocations and aggregates shall be RESENTATIVES.— ‘‘(2) NO DIVISION.—It shall not be in order considered to have been made under a con- ‘‘(A) MOTION TO PROCEED TO CONSIDER- to demand a division of the question in the current resolution on the budget agreed to ATION.—A motion in the House of Represent- House of Representatives (or in a Committee under the Congressional Budget Act of 1974 atives to proceed to the consideration of a of the Whole). and shall be enforced under the procedures of bill under this subsection shall be highly ‘‘(3) NO SUSPENSION.—No motion to suspend that Act. privileged and not debatable. An amendment the application of this subsection shall be in ‘‘(C) ADJUSTMENTS TO CAPS.—After enact- to the motion shall not be in order, nor shall order in the House of Representatives, nor ment of a rescission bill as provided under it be in order to move to reconsider the vote shall it be in order in either the House of this part, the President shall revise applica- by which the motion is agreed to or dis- Representatives or the Senate to suspend the ble limits under the Second Look at Waste- agreed to. application of this subsection by unanimous ful Spending Act of 2007, as appropriate. ‘‘(B) LIMITS ON DEBATE.—Debate in the consent. ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER- House of Representatives on a bill under this ‘‘(e) TEMPORARY PRESIDENTIAL AUTHORITY ATION.— subsection shall not exceed 4 hours, which TO WITHHOLD.— ‘‘(1) IN GENERAL.— shall be divided equally between those favor- ‘‘(1) AVAILABILITY.—The President may not ‘‘(A) INTRODUCTION.—Before the close of the ing and those opposing the bill. A motion withhold any dollar amount of discretionary second day of session of the Senate and the further to limit debate shall not be debat- budget authority until the President trans- House of Representatives, respectively, after able. It shall not be in order to move to re- mits and Congress receives a special message the date of receipt of a special message commit a bill under this subsection or to pursuant to subsection (b). Upon receipt by transmitted to Congress under subsection move to reconsider the vote by which the bill Congress of a special message pursuant to (b), the majority leader of each House, for is agreed to or disagreed to. subsection (b), the President may direct that ‘‘(C) APPEALS.—Appeals from decisions of himself, or minority leader of each House, any dollar amount of discretionary budget the chair relating to the application of the for himself, or a Member of that House des- authority proposed to be rescinded in that Rules of the House of Representatives to the ignated by that majority leader or minority special message shall be withheld from obli- procedure relating to a bill under this part leader shall introduce (by request) the Presi- gation for a period not to exceed 45 calendar shall be decided without debate. dent’s draft bill to rescind the amounts of days from the date of receipt by Congress. ‘‘(D) APPLICATION OF HOUSE RULES.—Except budget authority or items of direct spending ‘‘(2) EARLY AVAILABILITY.—The President to the extent specifically provided in this or targeted tax benefits, as specified in the may make any dollar amount of discre- part, consideration of a bill under this part special message and the President’s draft tionary budget authority withheld from obli- shall be governed by the Rules of the House bill. If the bill is not introduced as provided gation pursuant to paragraph (1) available at of Representatives. It shall not be in order in in the preceding sentence in either House, an earlier time if the President determines the House of Representatives to consider any then, on the third day of session of that that continued withholding would not fur- bill introduced pursuant to the provisions of House after the date of receipt of that spe- ther the purposes of this Act. this part under a suspension of the rules or cial message, any Member of that House may ‘‘(f) TEMPORARY PRESIDENTIAL AUTHORITY under a special rule. introduce the bill. SUSPEND.— ‘‘(3) CONSIDERATION IN THE SENATE.— EFERRAL AND REPORTING ‘‘(1) SUSPEND.— ‘‘(B) R .— ‘‘(A) MOTION TO PROCEED TO CONSIDER- ‘‘(i) ONE COMMITTEE.—The bill shall be re- ‘‘(A) IN GENERAL.—The President may not ATION.—A motion to proceed to the consider- suspend the execution of any item of direct ferred by the presiding officer to the appro- ation of a bill under this subsection in the spending or targeted tax benefit until the priate committee. The committee shall re- Senate shall not be debatable. A motion to President transmits and Congress receives a port the bill without any revision and with a proceed to consideration of the bill may be special message pursuant to subsection (b). favorable, an unfavorable, or without rec- made even though a previous motion to the Upon receipt by Congress of a special mes- ommendation, not later than the fifth day of same effect has been disagreed to. It shall sage, the President may suspend the execu- session of that House after the date of intro- not be in order to move to reconsider the tion of any item of direct spending or tar- duction of the bill in that House. If the com- vote by which the motion to proceed is geted tax benefit proposed to be rescinded in mittee fails to report the bill within that pe- agreed to or disagreed to. riod, the committee shall be automatically ‘‘(B) LIMITS ON DEBATE.—Debate in the that message for a period not to exceed 45 discharged from consideration of the bill, Senate on a bill under this subsection, and calendar days from the date of receipt by and the bill shall be placed on the appro- all debatable motions and appeals in connec- Congress. priate calendar. tion therewith, shall not exceed a total of 10 ‘‘(B) LIMITATION ON 45-DAY PERIOD.—The 45- ‘‘(ii) MULTIPLE COMMITTEES.— hours, equally divided and controlled in the day period described in subparagraph (A) ‘‘(I) REFERRALS.—If a bill contains provi- usual form. shall be reduced by the number of days con- sions in the jurisdiction of more than 1 com- ‘‘(C) DEBATABLE MOTIONS AND APPEALS.— tained in the period beginning on the effec- mittee, the bill shall be jointly referred to Debate in the Senate on any debatable mo- tive date of the item of direct spending or the committees of jurisdiction and the Com- tion or appeal in connection with a bill targeted tax benefit; and ending on the date mittee on the Budget. under this subsection shall be limited to not that is the later of— ‘‘(II) VIEWS OF COMMITTEE.—Any com- more than 1 hour from the time allotted for ‘‘(i) the effective date of the item of direct mittee, other than the Committee on the debate, to be equally divided and controlled spending or targeted benefit; or Budget, to which a bill is referred under this in the usual form. ‘‘(ii) the date that Congress receives the clause may submit a favorable, an unfavor- ‘‘(D) MOTION TO LIMIT DEBATE.—A motion special message. able recommendation, without recommenda- in the Senate to further limit debate on a ‘‘(C) CLARIFICATION.—Notwithstanding sub- tion with respect to the bill to the Com- bill under this subsection is not debatable. paragraph (B), in the case of an item of di- mittee on the Budget prior to the reporting ‘‘(E) MOTION TO RECOMMIT.—A motion to re- rect spending or targeted tax benefit with an or discharge of the bill. commit a bill under this subsection is not in effective date within 45 days after the date of ‘‘(III) REPORTING.—The Committee on the order. enactment, the beginning date of the period Budget shall report the bill not later than ‘‘(F) CONSIDERATION OF THE HOUSE BILL.— calculated under subparagraph (B) shall be the fifth day of session of that House after ‘‘(i) IN GENERAL.—If the Senate has re- the date that is 45 days after the date of en- the date of introduction of the bill in that ceived the House companion bill to the bill actment and the ending date shall be the House, without any revision and with a fa- introduced in the Senate prior to the vote re- date that is the later of— vorable or unfavorable recommendation, or quired under paragraph (I)(C), then the Sen- ‘‘(i) the date that is 45 days after enact- with no recommendation, together with the ate shall consider, and the vote under para- ment; or recommendations of any committee to which graph (I)(C) shall occur on, the House com- ‘‘(ii) the date that Congress receives the the bill has been referred. panion bill. special message. ‘‘(IV) DISCHARGE.—If the Committee on the ‘‘(ii) PROCEDURE AFTER VOTE ON SENATE ‘‘(2) EARLY AVAILABILITY.—The President Budget fails to report the bill within that pe- BILL.—If the Senate votes, pursuant to para- may terminate the suspension of any item of riod, the committee shall be automatically graph (1)(C), on the bill introduced in the direct spending or targeted tax benefit sus- discharged from consideration of the bill, Senate, the Senate bill shall be held pending pended pursuant to paragraph (1) at an ear- and the bill shall be placed on the appro- receipt of the House message on the bill. lier time if the President determines that priate calendar. Upon receipt of the House companion bill, continuation of the suspension would not ‘‘(C) FINAL PASSAGE.—A vote on final pas- the House bill shall be deemed to be consid- further the purposes of this Act. sage of the bill shall be taken in the Senate ered, read for the third time, and the vote on ‘‘(g) DEFINITIONS.—In this part: and the House of Representatives on or be- passage of the Senate bill shall be considered ‘‘(1) APPROPRIATION LAW.—The term ‘appro- fore the close of the 10th day of session of to be the vote on the bill received from the priation law’ means any general or special that House after the date of the introduction House. appropriation Act, and any Act or joint reso- of the bill in that House. If the bill is passed, ‘‘(d)—AMENDMENTS AND DIVISIONS PROHIB- lution making supplemental, deficiency, or the Clerk of the House of Representatives ITED.— continuing appropriations.

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‘‘(2) CALENDAR DAY.—The term ‘calendar limited group of taxpayers when compared used to award such grant or cooperative day’ means a standard 24-hour period begin- with other similarly situated taxpayers; or agreement uses competitive procedures to ning at midnight. ‘‘(B) any Federal tax provision which pro- select the grantee or award recipient. No ‘‘(3) DAYS OF SESSION.—The term ‘days of vides one beneficiary temporary or perma- such grant may be awarded unless applica- session’ means only those days on which nent transition relief from a change to the tions for such grant or cooperative agree- both Houses of Congress are in session. Internal Revenue Code of 1986.’’. ment are received from two or more appli- ‘‘(4) DOLLAR AMOUNT OF DISCRETIONARY (b) EXERCISE OF RULEMAKING POWERS.— cants that are not from the same organiza- BUDGET AUTHORITY.—The term ‘dollar Section 904 of the Congressional Budget Act tion and do not share any financial, fidu- amount of discretionary budget authority’ of 1974 (2 U.S.C. 621 note) is amended— ciary, or other organizational relationship. means the dollar amount of budget authority (1) in subsection (a), by striking ‘‘and 1017’’ (b) ANNUAL REPORT.— and obligation limitations— and inserting ‘‘1017, and 1021’’; and (1) IN GENERAL.—Not later than December ‘‘(A) specified in an appropriation law, or (2) in subsection (d), by striking ‘‘section 31, 2008, and December 31 of each year there- the dollar amount of budget authority re- 1017’’ and inserting ‘‘sections 1017 and 1021’’. after, the head of each executive agency quired to be allocated by a specific proviso in (c) CLERICAL AMENDMENTS.— shall submit to Congress a report on congres- an appropriation law for which a specific dol- (1) SHORT TITLE.—Section 1(a) of the Con- sional initiatives for which amounts were ap- lar figure was not included; gressional Budget and Impoundment Control propriated or otherwise made available for ‘‘(B) represented separately in any table, Act of 1974 is amended by— the fiscal year ending during such year. chart, or explanatory text included in the (A) striking ‘‘Parts A and B’’ before ‘‘title (2) CONTENT.—Each report submitted under statement of managers or the governing X’’ and inserting ‘‘Parts A, B, and C’’; and paragraph (1) shall include with respect to committee report accompanying such law; (B) striking the last sentence and inserting each contract and grant awarded through a ‘‘(C) required to be allocated for a specific at the end the following new sentence: ‘‘Part congressional initiative— program, project, or activity in a law (other C of title X also may be cited as the ‘Second (A) the name of the recipient of the funds than an appropriation law) that mandates Look at Wasteful Spending Act of 2007’.’’ awarded through such contract or grant; obligations from or within accounts, pro- (2) TABLE OF CONTENTS.—The table of con- (B) the reason or reasons such recipient grams, projects, or activities for which budg- tents set forth in section 1(b) of the Congres- was selected for such contract or grant; and et authority or an obligation limitation is sional Budget and Impoundment Control Act (C) the number of entities that competed provided in an appropriation law; of 1974 is amended by deleting the contents for such contract or grant. ‘‘(D) represented by the product of the esti- for part C of title X and inserting the fol- (3) PUBLICATION.—Each report submitted mated procurement cost and the total quan- lowing: under paragraph (1) shall be made publicly tity of items specified in an appropriation ‘‘PART C—LEGISLATIVE LINE ITEM VETO available through the Internet website of the law or included in the statement of man- ‘‘Sec. 1021. Expedited consideration of cer- executive agency. agers or the governing committee report ac- tain proposed rescissions.’’. (c) DEFINITIONS.—In this section: companying such law; or (d) SEVERABILITY.—If any provision of this (1) CONGRESSIONAL INITIATIVE.—The term ‘‘(E) represented by the product of the esti- Act or the amendments made by it is held to ‘‘congressional initiative’’ means a provision mated procurement cost and the total quan- be unconstitutional, the remainder of this of law or a directive contained within a com- tity of items required to be provided in a law Act and the amendments made by it shall mittee report or joint statement of managers (other than an appropriation law) that man- not be affected by the holding. of an appropriations Act that specifies— dates obligations from accounts, programs, (e) EFFECTIVE DATE AND EXPIRATION.— (A) the identity of a person or entity se- projects, or activities for which dollar (1) EFFECTIVE DATE.—The amendments lected to carry out a project, including a de- amount of discretionary budget authority or made by this Act shall— fense system, for which funds are appro- an obligation limitation is provided in an ap- (A) take effect on the date of enactment of priated or otherwise made available by that propriation law. this Act; and provision of law or directive and that was ‘‘(5) RESCIND OR RESCISSION.—The term ‘re- (B) apply to any dollar amount of discre- not requested by the President in a budget scind’ or ‘rescission’ means— tionary budget authority, item of direct submitted to Congress; and ‘‘(A) in the case of a dollar amount of dis- spending, or targeted tax benefit provided in (B) the amount of the funds appropriated cretionary budget authority, to reduce or rean Act enacted on or after the date of enact- or otherwise made available for such project. peal a provision of law to prevent that budg- ment of this title. (2) EXECUTIVE AGENCY.—The term ‘‘execu- et authority or obligation limitation from (2) EXPIRATION.—The amendments made by tive agency’’ has the meaning given such having legal force or effect; and this Act shall expire on December 31, 2010. term in section 4 of the Office of Federal ‘‘(B) in the case of direct spending or tar- Procurement Policy Act (41 U.S.C. 403). geted tax benefit, to repeal a provision of law SA 84. Mr. COBURN submitted an (d) APPLICABILITY.—This section shall in order to prevent the specific legal obliga- amendment intended to be proposed to apply with respect to funds appropriated or tion of the United States from having legal amendment SA 49 proposed by Mr. otherwise made available for fiscal years be- force or effect. ginning after September 30, 2007. ‘‘(6) DIRECT SPENDING.—The term ‘direct BOND (for Mr. COBURN) to the amend- spending’ means budget authority provided ment SA 3 proposed by Mr. REID (for SA 85. Mr. REID submitted an by law (other than an appropriation law), himself, Mr. MCCONNELL, Mrs. FEIN- amendment intended to be proposed to mandatory spending provided in appropria- STEIN, Mr. BENNETT, Mr. LIEBERMAN, amendment SA 31 proposed by Mr. tion Acts, and entitlement authority. Ms. COLLINS, Mr. OBAMA, Mr. SALAZAR, FEINGOLD (for himself and Mr. OBAMA) ‘‘(7) ITEM OF DIRECT SPENDING.—The term and Mr. DURBIN) to the bill S. 1, to pro- to the amendment SA 3 proposed by ‘item of direct spending’ means any specific vide greater transparency in the legis- provision of law enacted after the effective Mr. REID (for himself, Mr. MCCONNELL, date of the Second Look at Wasteful Spend- lative process; which was ordered to lie Mrs. FEINSTEIN, Mr. BENNETT, Mr. ing Act of 2007 that is estimated to result in on the table; as follows: LIEBERMAN, Ms. COLLINS, Mr. OBAMA, an increase in budget authority or outlays At the end of the amendment, add the fol- Mr. SALAZAR, and Mr. DURBIN) to the for direct spending relative to the most re- lowing: bill S. 1, to provide greater trans- cent levels calculated consistent with the SEC. ll. PROHIBITION ON USE OF EARMARKS parency in the legislative process; methodology described in section 257 of the TO AWARD NO BID CONTRACTS AND Balanced Budget and Emergency Deficit NONCOMPETITIVE GRANTS. which was ordered to lie on the table; Control Act of 1985 and included with a budg- (a) PROHIBITION.— as follows: et submission under section 1105(a) of title (1) CONTRACTS.— On page 1, strike line 4 and all that follows 31, United States Code, and, with respect to (A) IN GENERAL.—Notwithstanding any and insert the following: estimates made after that budget submission other provision of law, all contracts awarded ‘‘(3) MEMBERS OF CONGRESS AND ELECTED that are not included with it, estimates con- through congressional initiatives shall be OFFICERS.—Any person who is a Member of sistent with the economic and technical as- awarded using competitive procedures in ac- Congress or an elected officer of either House sumptions underlying the most recently sub- cordance with the requirements of section of Congress and who, within 2 years after mitted President’s budget. 303 of the Federal Property and Administra- that person leaves office, knowingly engages ‘‘(8) SUSPEND THE EXECUTION.—The term tive Services Act of 1949 (41 U.S.C. 253), sec- in lobbying contacts, or directs another indi- ‘suspend the execution’ means, with respect tion 2304 of title 10, United States Code, and vidual to engage in lobbying contacts as a to an item of direct spending or a targeted the Federal Acquisition Regulation. surrogate for that person, in connection with tax benefit, to stop the carrying into effect (B) BID REQUIREMENT.—No contract may be any matter on which such former Member of of the specific provision of law that provides awarded through a congressional initiative Congress or elected officer seeks action by a such benefit. unless more than one bid is received for such Member, officer, or employee of either House ‘‘(9) TARGETED TAX BENEFIT.—The term contract. of Congress shall be punished as provided in ‘targeted tax benefit’ means— (2) GRANTS.—Notwithstanding any other section 216 of this title.’’. ‘‘(A) any revenue provision that has the provision of law, no funds may be awarded by (3) in paragraph (6)— practical effect of providing more favorable grant or cooperative agreement through a (A) by striking ‘‘paragraphs (2), (3), and tax treatment to a particular taxpayer or congressional initiative unless the process (4)’’ and inserting ‘‘paragraph (2)’’;

VerDate Aug 31 2005 04:18 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.114 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S622 CONGRESSIONAL RECORD — SENATE January 16, 2007 (B) by striking ‘‘(A)’’; ment are received from two or more appli- ered lobbyist serves as a treasurer or other (C) by striking subparagraph (B); and cants that are not from the same organiza- official.’’. (D) by redesignating the paragraph as tion and do not share any financial, fidu- paragraph (4); and ciary, or other organizational relationship. SA 90. Mr. REID submitted an (4) by redesignating paragraph (7) as para- (b) ANNUAL REPORT.— amendment intended to be proposed to graph (5). (1) IN GENERAL.—Not later than December amendment SA 41 proposed by Mr. (c) EFFECTIVE DATE.—The amendments 31, 2008, and December 31 of each year there- made by subsection (b) shall take effect 60 after, the head of each executive agency OBAMA (for himself and Mr. FEINGOLD) days after the date of enactment of this Act. shall submit to Congress a report on congres- to the amendment SA 3 proposed by sional initiatives for which amounts were ap- Mr. REID (for himself, Mr. MCCONNELL, SA 86. Mr. REID submitted an propriated or otherwise made available for Mrs. FEINSTEIN, Mr. BENNETT, Mr. amendment intended to be proposed to the fiscal year ending during such year. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, amendment SA 63 submitted by Mr. (2) CONTENT.—Each report submitted under Mr. SALAZAR, and Mr. DURBIN) to the FEINGOLD to the amendment SA 3 pro- paragraph (1) shall include with respect to bill S. 1, to provide greater trans- each contract and grant awarded through a posed by Mr. REID (for himself, Mr. parency in the legislative process; congressional initiative— MCCONNELL, Mrs. FEINSTEIN, Mr. BEN- (A) the name of the recipient of the funds which was ordered to lie on the table; NETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. awarded through such contract or grant; as follows: OBAMA, Mr. SALAZAR, and Mr. DURBIN) (B) the reason or reasons such recipient In lieu of the matter proposed to be in- to the bill S. 1, to provide greater was selected for such contract or grant; and serted, insert the following: transparency in the legislative process; (C) the number of entities that competed SEC. 212. QUARTERLY REPORTS ON OTHER CON- which was ordered to lie on the table; for such contract or grant. TRIBUTIONS. as follows: (3) PUBLICATION.—Each report submitted Section 5 of the Act (2 U.S.C. 1604) is under paragraph (1) shall be made publicly On page 2, strike line 19 and all that fol- amended by adding at the end of the fol- available through the Internet website of the lows and insert the following: lowing: executive agency. ‘‘(3) MEMBERS OF CONGRESS AND ELECTED ‘‘(d) QUARTERLY REPORTS ON CONTRIBU- (c) DEFINITIONS.—In this section: OFFICERS.—Any person who is a Member of TIONS.—Not later than 45 days after the end (1) CONGRESSIONAL INITIATIVE.—The term Congress or an elected officer of either House of the quarterly period beginning on the 20th ‘‘congressional initiative’’ means a provision of Congress and who, within 2 years after day of January, April, July, and October of of law or a directive contained within a com- that person leaves office, knowingly engages each year or on the first business day after mittee report or joint statement of managers in lobbying contacts, or directs another indi- the 20th if that day is not a business day, of an appropriations Act that specifies— vidual to engage in lobbying contacts as a each registrant under section 4(a)(1) or (2), (A) the identity of a person or entity se- surrogate for that person, in connection with and each employee who is listed as a lobbyist lected to carry out a project, including a de- any matter on which such former Member of under a current filing under section 4 or 5, fense system, for which funds are appro- Congress or elected officer seeks action by a shall file a report with the Secretary of the priated or otherwise made available by that Member, officer, or employee of either House Senate and the Clerk of the House of Rep- provision of law or directive and that was of Congress shall be punished as provided in resentatives containing— not requested by the President in a budget section 216 of this title.’’. ‘‘(1) the name of the registrant or covered submitted to Congress; and (3) in paragraph (6)— lobbyist; (B) the amount of the funds appropriated (A) by striking ‘‘paragraphs (2), (3), and ‘‘(2) the employer of the lobbyist, in the or otherwise made available for such project. (4)’’ and inserting ‘‘paragraph (2)’’; case of an employee listed as a covered lob- (2) EXECUTIVE AGENCY.—The term ‘‘execu- (B) by striking ‘‘(A)’’; byist; tive agency’’ has the meaning given such (C) by striking subparagraph (B); and ‘‘(3) the name of each Federal candidate or term in section 4 of the Office of Federal (D) by redesignating the paragraph as officeholder, leadership PAC, or political Procurement Policy Act (41 U.S.C. 403). paragraph (4); and party committee, to whom aggregate con- (d) APPLICABILITY.—This section shall (4) by redesignating paragraph (7) as para- tributions equal to or exceeding $200 were apply with respect to funds appropriated or made by the lobbyist, the registrant, or a po- graph (5). otherwise made available for fiscal years be- (c) EFFECTIVE DATE.—The amendments litical committee established or adminis- ginning after September 30, 2007. made by subsection (b) shall take effect 60 tered by the registrant within the calendar days after the date of enactment of this Act. year, and the date of each contribution made SA 88. Mr. REID submitted an within the quarter; SA 87. Mr. COBURN submitted an amendment intended to be proposed by ‘‘(4) the name of each Federal candidate or amendment intended to be proposed by him to the bill S. 1, to provide greater officeholder, leadership PAC, or political him to the bill S. 1, to provide greater transparency in the legislative process; party committee for whom a fundraising event was hosted, co-hosted, or sponsored by transparency in the legislative process; which was ordered to lie on the table; as follows: the lobbyist, the registrant, or a political which was ordered to lie on the table; committee established or administered by as follows: At the appropriate place, insert the fol- the registrant within the quarter, and the lowing: At the appropriate place, insert the fol- date and location of such event; lowing: SEC. ll. LOBBYING DISCLOSURE. ‘‘(5) the name of each Federal candidate or SEC. ll. PROHIBITION ON USE OF EARMARKS Section 5(b) of the Lobbying Disclosure officeholder, leadership PAC, or political TO AWARD NO BID CONTRACTS AND Act of 1995 (2 U.S.C. 1604(b)), as amended by party committee for whom aggregate con- NONCOMPETITIVE GRANTS. this Act, is amended by adding at the end tributions equal to or exceeding $200 were (a) PROHIBITION.— the following: collected and delivered directly to the can- (1) CONTRACTS.— ‘‘(9) a certification that no employee listed didate within the calendar year, and to the (A) IN GENERAL.—Notwithstanding any as a lobbyist under section 4(b)(6) or extent known the aggregate amount of such other provision of law, all contracts awarded 5(b)(2)(C) serves as a treasurer or other offi- contributions (or a good faith estimate through congressional initiatives shall be cial on the campaign committee for a Fed- thereof) within the quarter for each recipi- awarded using competitive procedures in ac- eral candidate or officeholder or for a leader- ent; cordance with the requirements of section ship PAC.’’. ‘‘(6) the date, recipient, and amount of 303 of the Federal Property and Administra- funds contributed or disbursed by, or ar- tive Services Act of 1949 (41 U.S.C. 253), sec- SA 89. Mr. REID submitted an ranged by, the registrant or covered lobbyist tion 2304 of title 10, United States Code, and amendment intended to be proposed by within the last quarter— the Federal Acquisition Regulation. him to the bill S. 1, to provide greater ‘‘(A) to pay the cost of an event to honor (B) BID REQUIREMENT.—No contract may be transparency in the legislative process; or recognize a covered legislative branch of- awarded through a congressional initiative which was ordered to lie on the table; ficial or covered legislative branch official; unless more than one bid is received for such as follows: ‘‘(B) to, or on behalf of, an entity that is contract. named for a covered legislative branch offi- (2) GRANTS.—Notwithstanding any other At the appropriate place, insert the fol- cial, or to a person or entity in recognition provision of law, no funds may be awarded by lowing: of such official; grant or cooperative agreement through a SEC. ll. LOBBYIST DISCLOSURE. ‘‘(C) to an entity established, financed, congressional initiative unless the process Section 5(d) of the Act (2 U.S.C. 1604), as maintained, or controlled by a covered legis- used to award such grant or cooperative amended by this Act, is amended by adding lative branch official or covered legislative agreement uses competitive procedures to after paragraph (8) the following: branch official, or an entity designated by select the grantee or award recipient. No ‘‘(9) in the case of a covered lobbyist, the such official; or such grant may be awarded unless applica- name of each Federal candidate or office- ‘‘(D) to pay the costs of a meeting, retreat, tions for such grant or cooperative agree- holder or leadership PAC on which the cov- conference, or other similar event held by, or

VerDate Aug 31 2005 05:01 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.115 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S623 for the benefit of, 1 or more covered legisla- ‘‘(4) the name of each Federal candidate or under this subsection. For purposes of para- tive branch officials or covered executive officeholder, leadership PAC, or political graph (7), the term ‘gift’ means a gratuity, branch officials; party committee for whom a fundraising favor, discount, entertainment, hospitality, except that this paragraph shall not apply to event was hosted, co-hosted, or sponsored by loan, forbearance, or other item having mon- any payment or reimbursement made from the lobbyist, the registrant, or a political etary value. The term includes gifts of serv- funds required to be reported under section committee established or administered by ices, training, transportation, lodging, and 304 of the Federal Election Campaign Act of the registrant within the quarter, and the meals, whether provided in-kind, by pur- 1971 (2 U.S.C. 434); date, location, and total amount (or good chase of a ticket, payment in advance, or re- ‘‘(7) the date, recipient, and amount of any faith estimate thereof) known by the reg- imbursement after the expense has been in- gift (that under the rules of the House of istrant or employeee filing under this sub- curred.’’. section to have been raised at such event; Representatives or Senate counts towards Mr. REID submitted an the $100 cumulative annual limit described ‘‘(5) the name of each covered legislative SA 92. in such rules) valued in excess of $20 given by branch official or covered executive branch amendment intended to be proposed to the registrant or covered lobbyist within the official for whom the registrant or covered amendment SA 41 proposed by Mr. past quarter to a covered legislative branch lobbyist provided, or directed or arranged to OBAMA (for himself and Mr. FEINGOLD) official or covered executive branch official; be provided, within the past quarter, any to the amendment SA 3 proposed by payment or reimbursements for travel and and Mr. REID (for himself, Mr. MCCONNELL, ‘‘(8) the name of each Presidential library related expenses in connection with the duties of such covered official, including for Mrs. FEINSTEIN, Mr. BENNETT, Mr. foundation and Presidential inaugural com- LIEBERMAN, Ms. COLLINS, Mr. OBAMA, mittee, to whom contributions equal to or each such official— Mr. SALAZAR, and Mr. DURBIN) to the exceeding $200 were made by the registrant ‘‘(A) an itemization of the payments or re- or covered lobbyist during the past quarter, imbursements provided to finance the travel bill S. 1, to provide greater trans- and the date and amount of such contribu- and related expenses and to whom the pay- parency in the legislative process; tion. ments or reimbursements were made with which was ordered to lie on the table; the express or implied understanding or For purposes of this subsection, the term as follows: agreement that such funds will be used for ‘covered lobbyist’ means a lobbyist listed on In lieu of the matter proposed to be in- travel and related expenses; a report under section 4(a)(1), section 4(b)(6), serted, insert the following: or section 5(b)(2)(C) that was required to be ‘‘(B) the purpose and final itinerary of the trip, including a description of all meetings, SEC. 212. QUARTERLY REPORTS ON OTHER CON- filed on the same day as the report filed TRIBUTIONS. under this subsection. For purposes of para- tours, events, and outings attended; Section 5 of the Act (2 U.S.C. 1604) is graph (7), the term ‘gift’ means a gratuity, ‘‘(C) whether the registrant or lobbyist amended by adding at the end of the fol- favor, discount, entertainment, hospitality, traveled on any such travel; lowing: loan, forbearance, or other item having mon- ‘‘(D) the identity of the listed sponsor or ‘‘(d) QUARTERLY REPORTS ON CONTRIBU- etary value. The term includes gifts of serv- sponsors of such travel; and TIONS.—Not later than 45 days after the end ices, training, transportation, lodging, and ‘‘(E) the identity of any person or entity, of the quarterly period beginning on the 20th meals, whether provided in-kind, by pur- other than the listed sponsor or sponsors of day of January, April, July, and October of chase of a ticket, payment in advance, or re- the travel, which directly or indirectly pro- each year or on the first business day after imbursement after the expense has been in- vided for payment of travel and related ex- the 20th if that day is not a business day, curred.’’. penses at the request or suggestion of the each registrant under section 4(a)(1) or (2), registrant or the lobbyist; and each employee who is listed as a lobbyist SA 91. Mr. REID submitted an ‘‘(6) the date, recipient, and amount of under a current filing under section 4 or 5, amendment intended to be proposed to funds contributed or disbursed by, or ar- shall file a report with the Secretary of the amendment SA 41 proposed by Mr. ranged by, the registrant or covered lobbyist Senate and the Clerk of the House of Rep- within the last quarter— OBAMA (for himself, and Mr. FEINGOLD) resentatives containing— ‘‘(A) to pay the cost of an event to honor ‘‘(1) the name of the registrant or covered to the amendment SA 3 proposed by or recognize a covered legislative branch of- Mr. REID (for himself, Mr. MCCONNELL, lobbyist; ficial or covered legislative branch official; ‘‘(2) the employer of the lobbyist, in the Mrs. FEINSTEIN, Mr. BENNETT, Mr. ‘‘(B) to, or on behalf of, an entity that is case of an employee listed as a covered lob- LIEBERMAN, Ms. COLLINS, Mr. OBAMA, named for a covered legislative branch offi- byist; Mr. SALAZAR, and Mr. DURBIN) to the cial, or to a person or entity in recognition ‘‘(3) the name of each Federal candidate or bill S. 1, to provide greater trans- of such official; officeholder, leadership PAC, or political parency in the legislative process; ‘‘(C) to an entity established, financed, party committee, to whom aggregate con- which was ordered to lie on the table; maintained, or controlled by a covered legis- tributions equal to or exceeding $200 were as follows: lative branch official or covered legislative made by the lobbyist, the registrant, or a po- branch official, or an entity designated by In lieu of the matter proposed to be in- litical committee established or adminis- such official; or tered by the registrant within the calendar serted, insert the following: ‘‘(D) to pay the costs of a meeting, retreat, SEC. 212. QUARTERLY REPORTS ON OTHER CON- year, and the date of each contribution made conference, or other similar event held by, or within the quarter; TRIBUTIONS. for the benefit of, 1 or more covered legisla- Section 5 of the Act (2 U.S.C. 1604) is ‘‘(4) the name of each Federal candidate or tive branch officials or covered executive amended by adding at the end of the fol- officeholder, leadership PAC, or political branch officials; lowing: party committee for whom a fundraising ‘‘(d) QUARTERLY REPORTS ON CONTRIBU- except that this paragraph shall not apply to event was hosted, co-hosted, or sponsored by TIONS.—Not later than 45 days after the end any payment or reimbursement made from the lobbyist, the registrant, or a political of the quarterly period beginning on the 20th funds required to be reported under section committee established or administered by day of January, April, July, and October of 304 of the Federal Election Campaign Act of the registrant within the quarter, and the each year or on the first business day after 1971 (2 U.S.C. 434); date and location of such event; the 20th if that day is not a business day, ‘‘(7) the date, recipient, and amount of any ‘‘(5) the name of each covered legislative each registrant under section 4(a)(1) or (2), gift (that under the rules of the House of branch official or covered executive branch and each employee who is listed as a lobbyist Representatives or Senate counts towards official for whom the registrant or covered under a current filing under section 4 or 5, the $100 cumulative annual limit described lobbyist provided, or directed or arranged to shall file a report with the Secretary of the in such rules) valued in excess of $20 given by be provided, within the past quarter, any Senate and the Clerk of the House of Rep- the registrant or covered lobbyist within the payment or reimbursements for travel and resentatives containing— past quarter to a covered legislative branch related expenses in connection with the du- ‘‘(1) the name of the registrant or covered official or covered executive branch official; ties of such covered official, including for lobbyist; and each such official— ‘‘(2) the employer of the lobbyist, in the ‘‘(8) the name of each Presidential library ‘‘(A) an itemization of the payments or re- case of an employee listed as a covered lob- foundation and Presidential inaugural com- imbursements provided to finance the travel byist; mittee, to whom contributions equal to or and related expenses and to whom the pay- ‘‘(3) the name of each Federal candidate or exceeding $200 were made by the registrant ments or reimbursements were made with officeholder, leadership PAC, or political or covered lobbyist during the past quarter, the express or implied understanding or party committee, to whom aggregate con- and the date and amount of such contribu- agreement that such funds will be used for tributions equal to or exceeding $200 were tion. travel and related expenses; made by the lobbyist, the registrant, or a po- For purposes of this subsection, the term ‘‘(B) the purpose and final itinerary of the litical committee established or adminis- ‘covered lobbyist’ means a lobbyist listed on trip, including a description of all meetings, tered by the registrant within the calendar a report under section 4(a)(1), section 4(b)(6), tours, events, and outings attended; year, and the date and amount of each con- or section 5(b)(2)(C) that was required to be ‘‘(C) whether the registrant or lobbyist tribution made within the quarter; filed on the same day as the report filed traveled on any such travel;

VerDate Aug 31 2005 04:18 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.118 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S624 CONGRESSIONAL RECORD — SENATE January 16, 2007

‘‘(D) the identity of the listed sponsor or ‘‘(d) QUARTERLY REPORTS ON CONTRIBU- and the date and amount of such contribu- sponsors of such travel; and TIONS.—Not later than 45 days after the end tion. ‘‘(E) the identity of any person or entity, of the quarterly period beginning on the 20th For purposes of this subsection, the term other than the listed sponsor or sponsors of day of January, April, July, and October of ‘covered lobbyist’ means a lobbyist listed on the travel, which directly or indirectly pro- each year or on the first business day after a report under section 4(a)(1), section 4(b)(6), vided for payment of travel and related ex- the 20th if that day is not a business day, or section 5(b)(2)(C) that was required to be penses at the request or suggestion of the each registrant under section 4(a)(1) or (2), filed on the same day as the report filed registrant or the lobbyist; and each employee who is listed as a lobbyist under this subsection. For purposes of para- ‘‘(6) the date, recipient, and amount of under a current filing under section 4 or 5, graph (7), the term ‘gift’ means a gratuity, funds contributed or disbursed by, or ar- shall file a report with the Secretary of the favor, discount, entertainment, hospitality, ranged by, the registrant or covered lobbyist Senate and the Clerk of the House of Rep- loan, forbearance, or other item having mon- within the last quarter— resentatives containing— etary value. The term includes gifts of serv- ‘‘(A) to pay the cost of an event to honor ‘‘(1) the name of the registrant or covered ices, training, transportation, lodging, and or recognize a covered legislative branch of- lobbyist; meals, whether provided in-kind, by pur- ficial or covered legislative branch official; ‘‘(2) the employer of the lobbyist, in the chase of a ticket, payment in advance, or re- ‘‘(B) to, or on behalf of, an entity that is case of an employee listed as a covered lob- imbursement after the expense has been in- named for a covered legislative branch offi- byist; curred.’’. cial, or to a person or entity in recognition ‘‘(3) the name of each Federal candidate or of such official; officeholder, leadership PAC, or political SA 94. Mr. REID submitted an ‘‘(C) to an entity established, financed, party committee, to whom aggregate con- amendment intended to be proposed to maintained, or controlled by a covered legis- tributions equal to or exceeding $200 were amendment SA 76 submitted by Mr. lative branch official or covered legislative made by the lobbyist, the registrant, or a po- FEINGOLD (for himself and Mr. OBAMA) branch official, or an entity designated by litical committee established or adminis- to the amendment SA 3 proposed by such official; or tered by the registrant within the calendar Mr. REID (for himself, Mr. MCCONNELL, ‘‘(D) to pay the costs of a meeting, retreat, year, and the date and amount of each con- Mrs. FEINSTEIN, Mr. BENNETT, Mr. conference, or other similar event held by, or tribution made within the quarter; for the benefit of, 1 or more covered legisla- ‘‘(4) the name of each Federal candidate or LIEBERMAN, Ms. COLLINS, Mr. OBAMA, tive branch officials or covered executive officeholder, leadership PAC, or political Mr. SALAZAR, and Mr. DURBIN) to the branch officials; party committee for whom a fundraising bill S. 1, to provide greater trans- except that this paragraph shall not apply to event was hosted, co-hosted, or sponsored by parency in the legislative process; any payment or reimbursement made from the lobbyist, the registrant, or a political which was ordered to lie on the table; funds required to be reported under section committee established or administered by as follows: 304 of the Federal Election Campaign Act of the registrant within the quarter, and the In lieu of the matter proposed to be in- 1971 (2 U.S.C. 434); date, location, and total amount (or good serted, insert the following: faith estimate thereof) known by the reg- ‘‘(7) the date, recipient, and amount of any SEC. 212. QUARTERLY REPORTS ON OTHER CON- gift (that under the rules of the House of istrant or employee filing under this sub- TRIBUTIONS. Representatives or Senate counts towards section to have been raised at such event; Section 5 of the Act (2 U.S.C. 1604) is the $100 cumulative annual limit described ‘‘(5) the name of each Federal candidate or amended by adding at the end of the fol- in such rules) valued in excess of $20 given by officeholder, leadership PAC, or political lowing: the registrant or covered lobbyist within the party committee for whom aggregate con- ‘‘(d) QUARTERLY REPORTS ON CONTRIBU- past quarter to a covered legislative branch tributions equal to or exceeding $200 were TIONS.—Not later than 45 days after the end official or covered executive branch official; collected and delivered directly to the can- of the quarterly period beginning on the 20th and didate within the calendar year, and to the day of January, April, July, and October of ‘‘(8) the name of each Presidential library extent known the aggregate amount of such each year or on the first business day after foundation and Presidential inaugural com- contributions (or a good faith estimate the 20th if that day is not a business day, mittee, to whom contributions equal to or thereof) within the quarter for each recipi- each registrant under section 4(a)(1) or (2), exceeding $200 were made by the registrant ent; and each employee who is listed as a lobbyist or covered lobbyist during the past quarter, ‘‘(6) the date, recipient, and amount of under a current filing under section 4 or 5, and the date and amount of such contribu- funds contributed or disbursed by, or ar- shall file a report with the Secretary of the tion. ranged by, the registrant or covered lobbyist Senate and the Clerk of the House of Rep- For purposes of this subsection, the term within the last quarter— resentatives containing— ‘covered lobbyist’ means a lobbyist listed on ‘‘(A) to pay the cost of an event to honor ‘‘(1) the name of the registrant or covered a report under section 4(a)(1), section 4(b)(6), or recognize a covered legislative branch of- lobbyist; or section 5(b)(2)(C) that was required to be ficial or covered legislative branch official; ‘‘(2) the employer of the lobbyist, in the filed on the same day as the report filed ‘‘(B) to, or on behalf of, an entity that is case of an employee listed as a covered lob- under this subsection. For purposes of para- named for a covered legislative branch offi- byist; graph (7), the term ‘gift’ means a gratuity, cial, or to a person or entity in recognition ‘‘(3) the name of each Federal candidate or favor, discount, entertainment, hospitality, of such official; officeholder, leadership PAC, or political loan, forbearance, or other item having mon- ‘‘(C) to an entity established, financed, party committee, to whom aggregate con- etary value. The term includes gifts of serv- maintained, or controlled by a covered legis- tributions equal to or exceeding $200 were ices, training, transportation, lodging, and lative branch official or covered legislative made by the lobbyist, the registrant, or a po- meals, whether provided in-kind, by pur- branch official, or an entity designated by litical committee established or adminis- chase of a ticket, payment in advance, or re- such official; or tered by the registrant within the calendar imbursement after the expense has been in- ‘‘(D) to pay the costs of a meeting, retreat, year, and the date and amount of each con- curred.’’. conference, or other similar event held by, or tribution made within the quarter; for the benefit of, 1 or more covered legisla- ‘‘(4) the name of each Federal candidate or SA 93. Mr. REID submitted an tive branch officials or covered executive officeholder, leadership PAC, or political amendment intended to be proposed to branch officials; party committee for whom a fundraising amendment SA 41 proposed by Mr. except that this paragraph shall not apply to event was hosted, co-hosted, or sponsored by OBAMA (for himself and Mr. FEINGOLD) any payment or reimbursement made from the lobbyist, the registrant, or a political to the amendment SA 3 proposed by funds required to be reported under section committee established or administered by Mr. REID (for himself, Mr. MCCONNELL, 304 of the Federal Election Campaign Act of the registrant within the quarter, and the Mrs. FEINSTEIN, Mr. BENNETT, Mr. 1971 (2 U.S.C. 434); date, location, and total amount (or good LIEBERMAN, Ms. COLLINS, Mr. OBAMA, ‘‘(7) the date, recipient, and amount of any faith estimate thereof) known by the reg- gift (that under the rules of the House of istrant or employeee filing under this sub- Mr. SALAZAR, and Mr. DURBIN) to the Representatives or Senate counts towards section to have been raised at such event; bill S. 1, to provide greater trans- the $100 cumulative annual limit described ‘‘(5) the name of each covered legislative parency in the legislative process; in such rules) valued in excess of $20 given by branch official or covered executive branch which was ordered to lie on the table; the registrant or covered lobbyist within the official for whom the registrant or covered as follows: past quarter to a covered legislative branch lobbyist provided, or directed or arranged to In lieu of the matter proposed to be in- official or covered executive branch official; be provided, within the past quarter, any serted, insert the following: and payment or reimbursements for travel and SEC. 212. QUARTERLY REPORTS ON OTHER CON- ‘‘(8) the name of each Presidential library related expenses in connection with the du- TRIBUTIONS. foundation and Presidential inaugural com- ties of such covered official, including for Section 5 of the Act (2 U.S.C. 1604) is mittee, to whom contributions equal to or each such official— amended by adding at the end of the fol- exceeding $200 were made by the registrant ‘‘(A) an itemization of the payments or re- lowing: or covered lobbyist during the past quarter, imbursements provided to finance the travel

VerDate Aug 31 2005 04:18 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.119 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S625 and related expenses and to whom the pay- parency in the legislative process; branch official, or an entity designated by ments or reimbursements were made with which was ordered to lie on the table; such official; or the express or implied understanding or as follows: ‘‘(D) to pay the costs of a meeting, retreat, agreement that such funds will be used for conference, or other similar event held by, or In lieu of the matter proposed to be in- travel and related expenses; for the benefit of, 1 or more covered legisla- serted, insert the following: ‘‘(B) the purpose and final itinerary of the tive branch officials or covered executive trip, including a description of all meetings, SEC. 212. QUARTERLY REPORTS ON OTHER CON- branch officials; TRIBUTIONS. tours, events, and outings attended; Section 5 of the Act (2 U.S.C. 1604) is except that this paragraph shall not apply to ‘‘(C) whether the registrant or lobbyist amended by adding at the end of the fol- any payment or reimbursement made from traveled on any such travel; lowing: funds required to be reported under section ‘‘(D) the identity of the listed sponsor or ‘‘(d) QUARTERLY REPORTS ON CONTRIBU- 304 of the Federal Election Campaign Act of sponsors of such travel; and TIONS.—Not later than 45 days after the end 1971 (2 U.S.C. 434); ‘‘(E) the identity of any person or entity, of the quarterly period beginning on the 20th ‘‘(7) the date, recipient, and amount of any other than the listed sponsor or sponsors of day of January, April, July, and October of gift (that under the rules of the House of the travel, which directly or indirectly pro- each year or on the first business day after Representatives or Senate counts towards vided for payment of travel and related ex- the 20th if that day is not a business day, the $100 cumulative annual limit described penses at the request or suggestion of the each registrant under section 4(a)(1) or (2), in such rules) valued in excess of $20 given by registrant or the lobbyist; and each employee who is listed as a lobbyist the registrant or covered lobbyist within the ‘‘(6) the date, recipient, and amount of under a current filing under section 4 or 5, past quarter to a covered legislative branch funds contributed or disbursed by, or ar- shall file a report with the Secretary of the official or covered executive branch official; ranged by, the registrant or covered lobbyist Senate and the Clerk of the House of Rep- and within the last quarter— resentatives containing— ‘‘(8) the name of each Presidential library ‘‘(A) to pay the cost of an event to honor ‘‘(1) the name of the registrant or covered foundation and Presidential inaugural com- or recognize a covered legislative branch of- lobbyist; mittee, to whom contributions equal to or ficial or covered legislative branch official; ‘‘(2) the employer of the lobbyist, in the exceeding $200 were made by the registrant ‘‘(B) to, or on behalf of, an entity that is case of an employee listed as a covered lob- or covered lobbyist during the past quarter, named for a covered legislative branch offi- byist; and the date and amount of such contribu- cial, or to a person or entity in recognition ‘‘(3) the name of each Federal candidate or tion. of such official; officeholder, leadership PAC, or political For purposes of this subsection, the term ‘‘(C) to an entity established, financed, party committee, to whom aggregate con- ‘covered lobbyist’ means a lobbyist listed on maintained, or controlled by a covered legis- tributions equal to or exceeding $200 were a report under section 4(a)(1), section 4(b)(6), lative branch official or covered legislative made by the lobbyist, the registrant, or a po- or section 5(b)(2)(C) that was required to be branch official, or an entity designated by litical committee established or adminis- filed on the same day as the report filed such official; or tered by the registrant within the calendar under this subsection. For purposes of para- ‘‘(D) to pay the costs of a meeting, retreat, year, and the date of each contribution made graph (7), the term ‘gift’ means a gratuity, conference, or other similar event held by, or within the quarter; favor, discount, entertainment, hospitality, for the benefit of, 1 or more covered legisla- ‘‘(4) the name of each Federal candidate or loan, forbearance, or other item having mon- tive branch officials or covered executive officeholder, leadership PAC, or political etary value. The term includes gifts of serv- branch officials; party committee for whom a fundraising ices, training, transportation, lodging, and except that this paragraph shall not apply to event was hosted, co-hosted, or sponsored by meals, whether provided in-kind, by pur- any payment or reimbursement made from the lobbyist, the registrant, or a political chase of a ticket, payment in advance, or re- funds required to be reported under section committee established or administered by imbursement after the expense has been in- 304 of the Federal Election Campaign Act of the registrant within the quarter, and the curred.’’. 1971 (2 U.S.C. 434); date and location of such event; ‘‘(7) the date, recipient, and amount of any ‘‘(5) the name of each covered legislative SA 96. Ms. LANDRIEU submitted an gift (that under the rules of the House of branch official or covered executive branch amendment intended to be proposed to Representatives or Senate counts towards official for whom the registrant or covered amendment SA 3 proposed by Mr. REID the $100 cumulative annual limit described lobbyist provided, or directed or arranged to (for himself, Mr. MCCONNELL, Mrs. in such rules) valued in excess of $20 given by be provided, within the past quarter, any FEINSTEIN, Mr. BENNETT Mr. the registrant or covered lobbyist within the payment or reimbursements for travel and LIEBERMAN, Ms. COLLINS, Mr. OBAMA, past quarter to a covered legislative branch related expenses in connection with the du- Mr. SALAZAR, and Mr. DURBIN) to the official or covered executive branch official; ties of such covered official, including for bill S. 1, to provide greater trans- and each such official— ‘‘(8) the name of each Presidential library ‘‘(A) an itemization of the payments or re- parency in the legislative process; foundation and Presidential inaugural com- imbursements provided to finance the travel which was ordered to lie on the table; mittee, to whom contributions equal to or and related expenses and to whom the pay- as follows: exceeding $200 were made by the registrant ments or reimbursements were made with At the appropriate place, insert the fol- or covered lobbyist during the past quarter, the express or implied understanding or lowing: and the date and amount of such contribu- agreement that such funds will be used for SEC. ll. SENIOR CONGRESSIONAL SERVICE. tion. travel and related expenses; (a) STUDY AND REPORT.—The General Ac- For purposes of this subsection, the term ‘‘(B) the purpose and final itinerary of the countability Office, in consultation with the ‘covered lobbyist’ means a lobbyist listed on trip, including a description of all meetings, Congressional Management Foundation, a report under section 4(a)(1), section 4(b)(6), tours, events, and outings attended; shall conduct a study and prepare a report or section 5(b)(2)(C) that was required to be ‘‘(C) whether the registrant or lobbyist relating to— filed on the same day as the report filed traveled on any such travel; (1) the need for establishing a Senior Con- under this subsection. For purposes of para- ‘‘(D) the identity of the listed sponsor or gressional Service, similar to the Senior Ex- graph (7), the term ‘gift’ means a gratuity, sponsors of such travel; and ecutive Service in the executive branch, in favor, discount, entertainment, hospitality, ‘‘(E) the identity of any person or entity, order to promote the recruitment and reten- loan, forbearance, or other item having mon- other than the listed sponsor or sponsors of tion of highly competent senior congres- etary value. The term includes gifts of serv- the travel, which directly or indirectly pro- sional staff; ices, training, transportation, lodging, and vided for payment of travel and related ex- (2) the design of a Senior Congressional meals, whether provided in-kind, by pur- penses at the request or suggestion of the Service, including— chase of a ticket, payment in advance, or re- registrant or the lobbyist; (A) criteria for identifying the types of per- imbursement after the expense has been in- ‘‘(6) the date, recipient, and amount of sonnel or positions which would be appro- curred.’’. funds contributed or disbursed by, or ar- priate for inclusion; ranged by, the registrant or covered lobbyist (B) appropriate levels or ranges of basic SA 95. Mr. REID submitted an within the last quarter— pay; and amendment intended to be proposed to ‘‘(A) to pay the cost of an event to honor (C) any special allowances, opportunities amendment SA 76 submitted by Mr. or recognize a covered legislative branch of- for professional development, and other con- FEINGOLD (for himself and Mr. OBAMA) ficial or covered legislative branch official; ditions of employment which would be ap- to the amendment SA 3 proposed by ‘‘(B) to, or on behalf of, an entity that is propriate; named for a covered legislative branch offi- (3) any other recommendations, including Mr. REID (for himself, Mr. MCCONNELL, cial, or to a person or entity in recognition proposed legislation, necessary for the estab- Mrs. FEINSTEIN, Mr. BENNETT, Mr. of such official; lishment of a Senior Congressional Service; LIEBERMAN, Ms. COLLINS, Mr. OBAMA, ‘‘(C) to an entity established, financed, and Mr. SALAZAR, and Mr. DURBIN) to the maintained, or controlled by a covered legis- (4) any other measure which would in- bill S. 1, to provide greater trans- lative branch official or covered legislative crease retention rates for highly qualified

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CREDIT TO HOLDERS OF QUALIFIED door patterns of employment between Con- according to their terms for work performed RAIL INFRASTRUCTURE BONDS. gress and lobbying firms. by the freight railroad on such railroad pas- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of (b) SUBMISSION OF REPORT.—Not later than senger transportation corridor. a taxpayer who holds a qualified rail infra- 180 days after the date of enactment of this ‘‘(b) BOND AMOUNT LIMITATION.— structure bond on a credit allowance date of Act, the General Accountability Office shall ‘‘(1) IN GENERAL.—The amount of bonds such bond which occurs during the taxable submit the report under this section to each designated under this section may not ex- year, there shall be allowed as a credit House of Congress. ceed in the case of section 54A bonds, against the tax imposed by this chapter for $1,300,000,000 for each of the fiscal years 2007 such taxable year an amount equal to the through 2012. sum of the credits determined under sub- SA 97. Mr. LAUTENBERG (for him- section (b) with respect to credit allowance ‘‘(2) CARRYOVER OF UNUSED LIMITATION.—If self and Mr. LOTT) submitted an dates during such year on which the tax- amendment intended to be proposed by for any fiscal year the limitation amount under paragraph (1) exceeds the amount of payer holds such bond. him to the bill S. 294, to reauthorize ‘‘(b) AMOUNT OF CREDIT.— section 54A bonds issued during such year, ‘‘(1) IN GENERAL.—The amount of the credit Amtrak, and for other purposes; which the limitation amount under paragraph (1) determined under this subsection with re- was referred to the Committee on Com- for the following fiscal year (through fiscal spect to any credit allowance date for a merce, Science, and Transportation; as year 2019) shall be increased by the amount qualified rail infrastructure bond is 25 per- of such excess. follows: cent of the annual credit determined with re- On page 3, before line 1, after the item re- ‘‘(c) PROJECT SELECTION CRITERIA.—The spect to such bond. Secretary shall give preference to the des- lating to section 416, insert the following: ‘‘(2) ANNUAL CREDIT.—The annual credit de- TITLE V—RAIL BOND AUTHORITY ignation under this section of bonds for termined with respect to any qualified rail projects selected using the criteria in chap- Sec. 501. Intercity rail facility bonds. infrastructure bond is the product of— ter 244. ‘‘(A) the applicable credit rate, multiplied TITLE VI—RAIL INFRASTRUCTURE ‘‘(d) TIMELY DISPOSITION OF APPLICATION.— by BONDS The Secretary shall grant or deny a re- ‘‘(B) the outstanding face amount of the Sec. 601. Short title. quested designation within 9 months after bond. Sec. 602. Tax credit to holders of qualified receipt of an application. ‘‘(3) APPLICABLE CREDIT RATE.—For pur- rail infrastructure bonds. ‘‘(e) REFINANCING RULES.—Bonds des- poses of paragraph (2), the applicable credit At the end of the bill, add the following: ignated by the Secretary under subsection rate with respect to an issue is the rate TITLE V—RAIL BOND AUTHORITY (a) may be issued for refinancing projects equal to an average market yield (as of the only if the indebtedness being refinanced (in- SEC. 501. INTERCITY RAIL FACILITY BONDS. day before the date of sale of the issue) on cluding any obligation directly or indirectly (a) IN GENERAL.—Chapter 261 is amended outstanding long-term corporate debt obliga- refinanced by such indebtedness) was origi- by adding at the end the following: tions (determined under regulations pre- nally incurred by the issuer— scribed by the Secretary). ‘‘§ 26106. Rail infrastructure bonds ‘‘(1) after the date of the enactment of this ‘‘(4) CREDIT ALLOWANCE DATE.—For pur- ‘‘(a) DESIGNATION.—The Secretary may des- section; poses of this section, the term ‘credit allow- ignate bonds for purposes of section 54A of ‘‘(2) for a term of not more than 3 years; ance date’ means— the Internal Revenue Code of 1986 if— ‘‘(3) to finance projects described in sub- ‘‘(A) March 15, ‘‘(1) the bonds are to be issued by— section (a)(2); and ‘‘(B) June 15, ‘‘(A) a State, if the entire railroad pas- ‘‘(4) in anticipation of being refinanced ‘‘(C) September 15, and senger transportation corridor containing with proceeds of a bond designated under ‘‘(D) December 15. the infrastructure project to be financed is subsection (a). Such term includes the last day on which the within the State; ‘‘(f) APPLICATION OF CONDITIONS.—Any enti- bond is outstanding. ‘‘(B) 1 or more of the States that have en- ty providing railroad transportation (within ‘‘(5) SPECIAL RULE FOR ISSUANCE AND RE- tered into an agreement or an interstate the meaning of section 20102) that begins op- DEMPTION.—In the case of a bond which is compact consented to by Congress under sec- erations after the date of the enactment of issued during the 3-month period ending on a tion 410(a) of Public Law 105–134 (49 U.S.C. this section and that uses property acquired credit allowance date, the amount of the 24101 note); pursuant to this section (except as provided credit determined under this subsection with ‘‘(C) an agreement or an interstate com- in subsection (a)(2)(B)), shall be subject to respect to such credit allowance date shall pact described in subparagraph (B); or the conditions under section 24405. be a ratable portion of the credit otherwise ‘‘(D) Amtrak, for capital projects under its ‘‘(g) ISSUANCE OF REGULATIONS.—Not later determined based on the portion of the 3- 5-year plan; than 6 months after the date of the enact- month period during which the bond is out- ‘‘(2) the bonds are for the purpose of fi- ment of the Passenger Rail Investment and standing. A similar rule shall apply when the nancing projects that make a substantial Improvement Act of 2007, the Secretary shall bond is redeemed. contribution to providing the infrastructure issue regulations for carrying out this sec- ‘‘(c) LIMITATION BASED ON AMOUNT OF and equipment required to complete or im- tion. TAX.— prove a rail transportation corridor (includ- ‘‘(h) SECTION 54A DEFINED.—In this section, ‘‘(1) IN GENERAL.—The credit allowed under ing projects for the acquisition, financing, or the term ‘section 54A bond’ means a bond subsection (a) for any taxable year shall not refinancing of equipment and other capital designated by the Secretary under sub- exceed the excess of— improvements, including the introduction of section (a) for purposes of section 54A of the ‘‘(A) the sum of the regular tax liability new high-speed technologies such as mag- Internal Revenue Code of 1986 (relating to (as defined in section 26(b)) plus the tax im- netic levitation systems, track or signal im- credit to holders of qualified rail infrastruc- posed by section 55, over provements, the elimination of grade cross- ture bonds).’’. ‘‘(B) the sum of the credits allowable under ings, development of intermodal facilities, (b) CONFORMING AMENDMENT.—The table of this part (other than this subpart and sub- improvement of train speeds or safety, or sections for chapter 261 is amended by adding part C). both, and station rehabilitation or construc- after the item relating to section 26105 the ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the tion), but only if the Secretary determines following new item: credit allowable under subsection (a) exceeds that the projects are part of a viable and ‘‘26106. Rail infrastructure bonds.’’. the limitation imposed by paragraph (1) for comprehensive rail transportation corridor such taxable year, such excess shall be car- design for intercity passenger service in- TITLE VI—RAIL INFRASTRUCTURE BONDS ried to the succeeding taxable year and cluded in a State rail plan under chapter 225 SEC. 601. SHORT TITLE. added to the credit allowable under sub- (except for bonds issued under paragraph This title may be cited as the ‘‘Passenger section (a) for such taxable year. (1)(D)); and Rail Investment and Improvement Financing ‘‘(d) CREDIT INCLUDED IN GROSS INCOME.— ‘‘(3) for a railroad passenger transportation Act of 2007’’. Gross income includes the amount of the corridor not operated by Amtrak that in- credit allowed to the taxpayer under this SEC. 602. TAX CREDIT TO HOLDERS OF QUALI- cludes the use of rights-of-way owned by a FIED RAIL INFRASTRUCTURE section (determined without regard to sub- freight railroad, a written agreement exists BONDS. section (c)) and the amount so included shall between the applicant and the freight rail- (a) IN GENERAL.—Part IV of subchapter A be treated as interest income. road regarding such use and ownership, in- of chapter 1 of the Internal Revenue Code of ‘‘(e) CREDITS MAY BE STRIPPED.—Under cluding compensation for such use and assur- 1986 (relating to credits against tax) is regulations prescribed by the Secretary— ances regarding the adequacy of infrastruc- amended by adding at the end the following ‘‘(1) IN GENERAL.—There may be a separa- ture capacity to accommodate both existing new subpart: tion (including at issuance) of the ownership and future freight and passenger operations, of a qualified rail infrastructure bond and and including an assurance by the freight ‘‘Subpart H—Nonrefundable Credit for Hold- the entitlement to the credit under this sec- railroad that collective bargaining agree- ers of Qualified Rail Infrastructure Bonds tion with respect to such bond. In case of any ments with the freight railroad’s employees ‘‘Sec. 54A. Credit to holders of qualified rail such separation, the credit under this sec- (including terms regulating the contracting infrastructure bonds. tion shall be allowed to the person who on

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the credit allowance date holds the instru- ‘‘(1) IN GENERAL.—If any bond which when (1) REPORTING.—Subsection (d) of section ment evidencing the entitlement to the cred- issued purported to be a qualified rail infra- 6049 of the Internal Revenue Code of 1986 (re- it and not to the holder of the bond. structure bond ceases to be such a qualified lating to returns regarding payments of in- ‘‘(2) CERTAIN RULES TO APPLY.—In the case bond, the issuer shall pay to the United terest) is amended by adding at the end the of a separation described in paragraph (1), States (at the time required by the Sec- following new paragraph: the rules of section 1286 shall apply to the retary) an amount equal to the sum of— ‘‘(8) REPORTING OF CREDIT ON QUALIFIED qualified rail infrastructure bond as if it ‘‘(A) the aggregate of the credits allowable RAIL INFRASTRUCTURE BONDS.— were a stripped bond and to the credit under under this section with respect to such bond ‘‘(A) IN GENERAL.—For purposes of sub- this section as if it were a stripped coupon. (determined without regard to subsection section (a), the term ‘interest’ includes ‘‘(f) QUALIFIED RAIL INFRASTRUCTURE (c)) for taxable years ending during the cal- amounts includible in gross income under BOND.—For purposes of this part, the term endar year in which such cessation occurs section 54A(d) and such amounts shall be ‘qualified rail infrastructure bond’ means and the 2 preceding calendar years, and treated as paid on the credit allowance date any bond issued as part of an issue if— ‘‘(B) interest at the underpayment rate (as defined in section 54A(b)(4)). ‘‘(1) the issuer certifies that the Secretary under section 6621 on the amount determined ‘‘(B) REPORTING TO CORPORATIONS, ETC.— of Transportation has designated the bond under subparagraph (A) for each calendar Except as otherwise provided in regulations, for purposes of this section under section year for the period beginning on the first day in the case of any interest described in sub- 26106(a) of title 49, United States Code, as in of such calendar year. paragraph (A), subsection (b)(4) shall be ap- effect on the date of the enactment of this ‘‘(2) FAILURE TO PAY.—If the issuer fails to plied without regard to subparagraphs (A), section, timely pay the amount required by para- (H), (I), (J), (K), and (L)(i) of such subsection. ‘‘(2) 95 percent or more of the proceeds graph (1) with respect to such bond, the tax ‘‘(C) REGULATORY AUTHORITY.—The Sec- from the sale of such issue are to be used for imposed by this chapter on each holder of retary may prescribe such regulations as are expenditures incurred after the date of the any such bond which is part of such issue necessary or appropriate to carry out the enactment of this section for any project de- shall be increased (for the taxable year of the purposes of this paragraph, including regula- scribed in section 26106(a)(2) of title 49, holder in which such cessation occurs) by the tions which require more frequent or more United States Code, aggregate decrease in the credits allowed detailed reporting.’’. ‘‘(3) the term of each bond which is part of under this section to such holder for taxable (2) TREATMENT FOR ESTIMATED TAX PUR- such issue does not exceed 20 years, years beginning in such 3 calendar years POSES.— which would have resulted solely from deny- ‘‘(4) the payment of principal with respect (A) INDIVIDUAL.—Section 6654 of such Code ing any credit under this section with re- to such bond is the obligation solely of the (relating to failure by individual to pay esti- spect to such issue for such taxable years. issuer, and mated income tax) is amended by redesig- ‘‘(3) SPECIAL RULES.— ‘‘(5) the issue meets the requirements of nating subsection (m) as subsection (n) and ‘‘(A) TAX BENEFIT RULE.—The tax for the subsection (f) (relating to arbitrage). by inserting after subsection (l) the fol- taxable year shall be increased under para- lowing new subsection: ‘‘(g) SPECIAL RULES RELATING TO ARBI- graph (2) only with respect to credits allowed TRAGE.— by reason of this section which were used to ‘‘(m) SPECIAL RULE FOR HOLDERS OF QUALI- ‘‘(1) IN GENERAL.—Subject to paragraph (2), reduce tax liability. In the case of credits FIED RAIL INFRASTRUCTURE BONDS.—For pur- an issue shall be treated as meeting the re- not so used to reduce tax liability, the poses of this section, the credit allowed by quirements of this subsection if as of the carryforwards under subsection (c) shall be section 54A to a taxpayer by reason of hold- date of issuance, the issuer reasonably ex- appropriately adjusted. ing a qualified rail infrastructure bond on a pects— ‘‘(B) NO CREDITS AGAINST TAX.—Any in- credit allowance date shall be treated as if it ‘‘(A) to spend at least 95 percent of the pro- crease in tax under paragraph (2) shall not be were a payment of estimated tax made by ceeds from the sale of the issue for 1 or more treated as a tax imposed by this chapter for the taxpayer on such date.’’. qualified projects within the 3-year period purposes of determining— (B) CORPORATE.—Section 6655 of such Code beginning on such date, ‘‘(i) the amount of any credit allowable (relating to failure by corporation to pay es- ‘‘(B) to incur a binding commitment with a under this part, or timated income tax) is amended by adding at third party to spend at least 10 percent of the ‘‘(ii) the amount of the tax imposed by sec- the end of subsection (g) the following new proceeds from the sale of the issue, or to tion 55. paragraph: commence construction, with respect to such ‘‘(i) OTHER DEFINITIONS AND SPECIAL ‘‘(5) SPECIAL RULE FOR HOLDERS OF QUALI- projects within the 6-month period beginning RULES.—For purposes of this section— FIED RAIL INFRASTRUCTURE BONDS.—For pur- on such date, and ‘‘(1) BOND.—The term ‘bond’ includes any poses of this section, the credit allowed by ‘‘(C) to proceed with due diligence to com- obligation. section 54A to a taxpayer by reason of hold- plete such projects and to spend the proceeds ‘‘(2) QUALIFIED PROJECT.—The term ‘quali- ing a qualified rail infrastructure bond on a from the sale of the issue. fied project’ means any project described in credit allowance date shall be treated as if it ‘‘(2) RULES REGARDING CONTINUING COMPLI- section 26106(a)(2) of title 49, United States were a payment of estimated tax made by ANCE AFTER 3-YEAR DETERMINATION.—If at Code. the taxpayer on such date.’’. least 95 percent of the proceeds from the sale ‘‘(3) TREATMENT OF CHANGES IN USE.—For of the issue is not expended for 1 or more purposes of subsection (e)(2), the proceeds (c) CLERICAL AMENDMENTS.— qualified projects within the 3-year period from the sale of an issue shall not be treated (1) The table of subparts for part IV of sub- beginning on the date of issuance, but the reas used for a qualified project to the extent chapter A of chapter 1 is amended by adding quirements of paragraph (1) are otherwise that the issuer takes any action within its at the end the following new item: met, an issue shall be treated as continuing control which causes such proceeds not to be ‘‘SUBPART H. NONREFUNDABLE CREDIT FOR to meet the requirements of this subsection used for a qualified project. The Secretary HOLDERS OF QUALIFIED RAIL INFRASTRUC- if either— shall prescribe regulations specifying reme- TURE BONDS’’. ‘‘(A) the issuer uses all unspent proceeds dial actions that may be taken (including (2) Section 6401(b)(1) is amended by strik- from the sale of the issue to redeem bonds of conditions to taking such remedial actions) ing ‘‘and G’’ and inserting ‘‘G, and H’’. the issue within 90 days after the end of such to prevent an action described in the pre- 3-year period, or ceding sentence from causing a bond to fail (d) ISSUANCE OF REGULATIONS.—Not later ‘‘(B) the following requirements are met: to be a qualified rail infrastructure bond. than 6 months after the date of the enact- ‘‘(i) The issuer spends at least 75 percent of ‘‘(4) PARTNERSHIP; S CORPORATION; AND ment of this section, the Secretary of the the proceeds from the sale of the issue for 1 OTHER PASS-THRU ENTITIES.—Under regula- Treasury shall issue regulations for carrying or more qualified projects within the 3-year tions prescribed by the Secretary, in the case out this section and the amendments made period beginning on the date of issuance. of a partnership, trust, S corporation, or by this section. ‘‘(ii) Either— other pass-thru entity, rules similar to the ‘‘(I) the issuer spends at least 95 percent of (e) INTERCITY RAIL FACILITIES.—Section rules of section 41(g) shall apply with respect 142(i) of the Internal Revenue Code of 1986 is the proceeds from the sale of the issue for 1 to the credit allowable under subsection (a). or more qualified projects within the 4-year amended by adding at the end the following ‘‘(5) BONDS HELD BY REGULATED INVESTMENT new paragraph: period beginning on the date of issuance, or COMPANIES.—If any qualified rail infrastruc- ‘‘(4) ADDITIONAL REQUIREMENTS.—A bond ‘‘(II) the issuer pays to the Federal Govern- ture bond is held by a regulated investment issued as part of an issue described in sub- ment any earnings on the proceeds from the company, the credit determined under subsection (a)(11) shall not be considered an ex- sale of the issue that accrue after the end of section (a) shall be allowed to shareholders empt facility bond unless the requirements the 3-year period beginning on the date of of such company under procedures prescribed of paragraphs (1) through (4) of section issuance and uses all unspent proceeds from by the Secretary. 26106(a) of title 49, United States Code, are the sale of the issue to redeem bonds of the ‘‘(6) REPORTING.—Issuers of qualified rail met.’’. issue within 90 days after the end of the 4- infrastructure bonds shall submit reports year period beginning on the date of similar to the reports required under section (f) EFFECTIVE DATE.—The amendments issuance. 149(e).’’. made by this section shall apply to obliga- ‘‘(h) RECAPTURE OF PORTION OF CREDIT (b) AMENDMENTS TO OTHER CODE SEC- tions issued after the date of the enactment WHERE CESSATION OF COMPLIANCE.— TIONS.— of this Act.

VerDate Aug 31 2005 04:18 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.123 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S628 CONGRESSIONAL RECORD — SENATE January 16, 2007 NOTICES OF HEARINGS/MEETINGS The hearing will be held on Thurs- 2007. If your office did no mass mailing COMMITTEE ON SMALL BUSINESS AND day, February 8, 2007, at 9:30 a.m. in during this period, please submit a ENTREPRENEURSHIP room SD–366 of the Dirksen Senate Of- form that states ‘‘none.’’ Mr. KERRY. Mr. President, I would fice Building. Mass mailing registrations, or nega- like to inform the Members of the The purpose of this hearing is to re- tive reports, should be submitted to Committee that the Committee will ceive testimony on issues relating to the Senate Office of Public Records, 232 hold an organizational meeting on labor, immigration, law enforcement, Hart Building, Washington, DC 20510– Thursday, January 18, 2007 at 9 a.m. in and economic conditions in the Com- 7116. Russell 428A. monwealth of the Northern Mariana is- The Public Records office will be lands. COMMITTEE ON ENERGY AND NATURAL open from 9:00 a.m. to 5:30 p.m. on the Because of the limited time available RESOURCES filing date to accept these filings. For Mr. BINGAMAN. Mr. President, I for the hearing, witnesses may testify further information, please contact the would like to announce for the infor- by invitation only. However, those Public Records office on (202) 224–0322. mation of the Senate and the public wishing to submit written testimony for the hearing record should send two f that an oversight hearing has been copies of their testimony to the Com- scheduled before the Committee on En- APPOINTMENT mittee on Energy and Natural Re- ergy and Natural Resources. The PRESIDING OFFICER. The The hearing will be held on Wednes- sources, United States Senate, Wash- Chair, on behalf of the President of the day, January 24, 2007 at 9:45 a.m. in ington, DC 20510–6150. For further information, please con- Senate, pursuant to Public Law 85–874, room SD–366 of the Dirksen Building. tact Al Stayman (202) 224–7865 or as amended, appoints the following in- The purpose of this hearing is to re- Amanda Kelly at (202) 224–6836. dividual to the Board of Trustees of the ceive testimony on analysis recently John F. Kennedy Center for the Per- completed by the Energy Information f forming Arts: The Honorable DIANNE Administration, Energy Market and AUTHORITY FOR COMMITTEES TO FEINSTEIN of California. Economic Impacts of a Proposal to Re- MEET duce Greenhouse Gas Intensity with a COMMITTEE ON HEALTH, EDUCATION, LABOR, f Cap and Trade System. AND PENSIONS MEASURE PLACED ON Because of the limited time available Mrs. FEINSTEIN. Mr. President, I CALENDAR—S. 287 for the hearing, witnesses may testify ask unanimous consent that the Com- by invitation only. However, those mittee on Health, Education, Labor, Mr. SALAZAR. Mr. President, I un- wishing to submit written testimony and Pensions be authorized to hold a derstand that S. 287 is at the desk and for the hearing record should send two hearing during the session of the Sen- due for a second reading. copies of their testimony to the Com- ate on Tuesday, January 16, 2007 at 10 The PRESIDING OFFICER. The Sen- mittee on Energy and Natural Re- a.m. in SD–430. ator is correct. sources, United States Senate, Wash- The PRESIDING OFFICER. Without The clerk will state the bill by title. ington, DC 20510–6150. objection, it is so ordered. The legislative clerk read as follows: For further information, please con- COMMITTEE ON THE JUDICIARY A bill (S. 287) to prohibit the use of funds tact Jonathan Black (202) 224–6722 or Mrs. FEINSTEIN. Mr. President, I for an escalation of United States military Amanda Kelly at (202) 224–6836. ask unanimous consent that the Com- forces in Iraq above the numbers existing as COMMITTEE ON ENERGY AND NATURAL mittee on the Judiciary be authorized of January 9, 2007. RESOURCES to meet to conduct a hearing on ‘‘The Mr. SALAZAR. Mr. President, I ob- Mr. BINGAMAN. Mr. President, I Plight of Iraqi Refugees’’ on Tuesday, ject to any further proceedings with re- would like to announce for the infor- January 16, 2007 at 2 p.m. in Dirksen spect to the bill. mation of the Senate and the public Senate Office Building Room 226. The PRESIDING OFFICER. Objec- that an oversight hearing has been tion is heard. The bill will be placed on scheduled before the Committee on En- Witness List the calendar. ergy and Natural Resources. Panel I: The Honorable Ellen The hearing will be held on Tuesday, Sauerbrey, Assistant Secretary of f January 30, 2007, at 10 a.m. in room SD– State Population, Refugees and Migra- ORDERS FOR WEDNESDAY, 366 of the Dirksen Senate Office Build- tion, U.S. Department of State, Wash- JANUARY 17, 2007 ing. ington, D.C. The purpose of the hearing is to con- Panel II: Sam:**, Former Translator Mr. SALAZAR. Mr. President, I ask sider the status of Federal land man- for the U.S. Military, PA; John**, unanimous consent that when the Sen- agement agencies’ efforts to contain Former Truck Driver, subcontractor, ate completes its business today, it the costs of their wildfire suppression for the U.S. Military, CA; Captain stand adjourned until 10 a.m., Wednes- activities and to consider recent inde- Zachary J. Iscol, Foreign Military day, January 17; that on Wednesday, pendent reviews of and recommenda- Training Unit, Marine Forces Special following the prayer and pledge, the tions for those efforts. Operations Command, Camp Lejeune, Journal of proceedings be approved to Because of the limited time available NC, Lisa Ramaci-Vincent, Executive date, the morning hour be deemed ex- for the hearing, witnesses may testify Director, Steven Vincent Foundation, pired, the time for the two leaders be by invitation only. However, those New York City, NY, and Ken Bacon, reserved for their use later in the day, wishing to submit written testimony President, Refugees International, and there then be a period for the for the hearing record should send two Washington, DC. transaction of morning business for 60 copies of their testimony to the Com- Panel III: Michel Gabaudan, Regional minutes, with Senators permitted to mittee on Energy and Natural Re- Representative for the U.S. and Carib- speak therein for up to 10 minutes sources, United States Senate, Wash- bean, Office of the United National each, with the first half under the con- ington, DC 20510–6150. High Commissioner for Refugees, trol of the Republicans and the second For further information, please con- Washington, DC. half under the control of the majority; tact Scott Miller at 202–224–5488 or **Name has been changed to protect wit- that at the close of morning business, Amanda Kelly at 202–224–6836. ness identity. the Senate resume consideration of S. COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without 1; that all time during the adjournment RESOURCES objection, it is so ordered. count postcloture; that the Senate re- Mr. BINGAMAN. Mr. President, I f cess from 12:30 p.m. to 2:15 p.m. in order would like to announce for the infor- to accommodate the respective party mation of the Senate and the public NOTICE: REGISTRATION OF MASS conferences and that time count that an oversight hearing has been MAILINGS postcloture also. scheduled before the Committee on En- The filing date for 2006 fourth quarter The PRESIDING OFFICER. Without ergy and Natural Resources. mass mailings is Thursday, January 25, objection, it is so ordered.

VerDate Aug 31 2005 04:18 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.120 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S629 PROGRAM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE ARMY IN THE UNITED STATES ARMY TO THE GRADE INDICATED Mr. SALAZAR. Mr. President, the WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE RESERVE OF THE ARMY TO THE GRADE INDI- Senate has voted on two amendments CATED UNDER TITLE 10, U.S.C., SECTION 12203: To be general relating to earmarks that were ap- To be major general proved unanimously by a vote of 98 to LT. GEN. DAVID H. PETRAEUS BRIG. GEN. GEORGE J. SMITH 0. Plus, the Senate voted to invoke clo- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE MARINE CORPS ture on the Reid amendment regarding WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND travel and corporate jets. I understand RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES MARINE CORPS TO THE GRADE there are several second-degree amend- To be lieutenant general INDICATED UNDER TITLE 10, U.S.C., SECTION 624: ments that were filed, and we hope to To be brigadier general address any germane second-degree LT. GEN. JAMES M. DUBIK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL DAVID H. BERGER amendments prior to disposing of the IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLONEL WILLIAM D. BEYDLER travel amendment. Once we dispose of WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL MARK A. BRILAKIS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL MARK A. CLARK the travel amendment, then we will COLONEL DAVID C. GARZA have a cloture vote on the substitute To be lieutenant general COLONEL CHARLES L. HUDSON COLONEL RONALD J. JOHNSON amendment. LT. GEN. KARL W. EIKENBERRY COLONEL THOMAS M. MURRAY COLONEL LAWRENCE D. NICHOLSON f IN THE NAVY COLONEL ANDREW W. O’DONNELL, JR. COLONEL ROBERT R. RUARK ADJOURNMENT UNTIL 10 A.M. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TOMORROW WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TO THE GRADE INDICATED IN THE UNITED STATES MA- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION Mr. SALAZAR. Mr. President, if 12203: there is no further business to come be- To be admiral To be colonel fore the Senate today, I ask unanimous ADM. WILLIAM J. FALLON JAMES D. BARICH consent that the Senate stand ad- IVAN GLASCO THE JUDICIARY journed under the previous order. WILLIAM J. HARKIN II There being no objection, the Senate, NORMAN RANDY SMITH, OF IDAHO, TO BE UNITED SEAN M. HEERY STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE LISA J. HYNES at 7:11 p.m., adjourned until 10 a.m., THOMAS G. NELSON, RETIRED. JOSEPH T. KRUMM Wednesday, January 17, 2007. MARCUS J. MESSINA DEPARTMENT OF JUSTICE GORDON B. OVERY, JR. f ROSA EMILIA RODRIGUEZ-VELEZ, OF PUERTO RICO, TO f NOMINATIONS BE UNITED STATES ATTORNEY FOR THE DISTRICT OF PUERTO RICO FOR THE TERM OF FOUR YEARS, VICE Executive nominations received by HUMBERTO S. GARCIA, RESIGNED. WITHDRAWAL JOHN WOOD, OF MISSOURI, TO BE UNITED STATES AT- the Senate January 16, 2007: TORNEY FOR THE WESTERN DISTRICT OF MISSOURI FOR Executive message transmitted by IN THE ARMY THE TERM OF FOUR YEARS, VICE TODD PETERSON the President to the Senate on January GRAVES, RESIGNED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL DAVID CREDO, OF LOUISIANA, TO BE UNITED 16, 2007, withdrawing from further Sen- AS THE CHIEF OF STAFF, UNITED STATES ARMY, AND STATES MARSHAL FOR THE EASTERN DISTRICT OF LOU- ate consideration the following nomi- APPOINTMENT TO THE GRADE INDICATED WHILE AS- ISIANA FOR THE TERM OF FOUR YEARS, VICE SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- THEOPHILE ALCESTE DURONCELET, RESIGNED. nation: BILITY UNDER TITLE 10 U.S.C., SECTIONS 3033 AND 601: ROBERT GIDEON HOWARD, JR., OF ARKANSAS, TO BE NORMAN RANDY SMITH, OF IDAHO, TO BE UNITED To be general UNITED STATES MARSHAL FOR THE EASTERN DISTRICT STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE OF ARKANSAS FOR THE TERM OF FOUR YEARS, VICE RAY STEPHEN S. TROTT, RETIRED, WHICH WAS SENT TO THE GEN. GEORGE W. CASEY, JR. ELMER CARNAHAN, RESIGNED. SENATE ON JANUARY 9, 2007.

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RECOGNIZING THE GREATER years in the Sweeny and Houston Inde- uary 13, 2007. This date also marks the an- READING 16TH ANNUAL DR. MAR- pendent School Districts. She held leadership nual celebration of Korean American Day as TIN LUTHER KING, JR. CELEBRA- roles in numerous organizations including the designated by the Centennial Committees of TION Houston League of Business and Professional Korean Immigration and Korean Americans. Women, Inc., Zeta Phi Beta Sorority, Inc., Korean Americans have thrived in the HON. JIM GERLACH Interfaith Ministries Food Pantry, and the United States since their arrival in the Hawai- OF PENNSYLVANIA YWCA. Mrs. Alliniece was also a life-long ian Islands in 1903. The contributions of Ko- member of the Greater Zion Missionary Bap- rean Americans to our society are found in IN THE HOUSE OF REPRESENTATIVES tist Church where she served as Mission II nearly every community across our country Friday, January 12, 2007 President for over 35 years. and span the fields of arts and entertainment, Mr. GERLACH. Madam Speaker, I rise Finally, Madam Speaker, Quintanna Wilson economics, medicine, science and religion, today to honor the organizers of The Greater Hall Alliniece will be missed dearly by her son among many others. Many Korean immigrants Reading Annual Dr. Martin Luther King, Jr. and my close friend Anthony Hall Jr. He is a have established successful new businesses, Celebration, a fantastic community event cele- well-respected member of the Houston com- have risen to assume important civic leader- brating its 16th year on January 12, 2007. munity and Chief Administrative Officer of the ship roles within their communities, and have This event is one part of a holiday weekend City of Houston. She will also be missed by developed pioneering, lifesaving medical pro- devoted to celebrating the contributions to his- her daughter-in law Carolyn, grandchildren, cedures. tory and the legacy of a man who was so im- sisters and numerous nieces, nephews, cous- In the early 1950s, thousands of Koreans, portant to our nation—Dr. Martin Luther King, ins, and friends. She will be remembered in fleeing from war, poverty and desolation, Jr. Through non-violent protest and peaceful the City of Houston as a dedicated educator came to the United States. The trend of Kore- demonstration, Dr. King taught us lessons of and valued community leader. May she rest in ans immigrating to the United States contin- equality, tolerance and understanding by the peace she has richly earned. ued in the years to come. In the 1960s, Presi- drawing attention to the social injustice and ra- f dent John F. Kennedy lifted the United States cial discrimination experienced by so many of security clearance requirement which re- our fellow Americans for far too long. IN OPPOSITION TO ESCALATION stricted travel to and from Guam. The lifting of During this year’s celebration, community OF THE WAR IN IRAQ this security clearance requirement enabled leaders like Mr. Albert Boscov, Ms. Barbara immigration to and international investment on Marshall, Captain Bill Jimenez and Pennsyl- HON. FORTNEY PETE STARK Guam from Korea and other countries in Asia. vania Governor Ed Rendell will receive the OF CALIFORNIA Koreans began to establish residence on 2006 Dr. Martin Luther King Jr. Image Award. IN THE HOUSE OF REPRESENTATIVES Guam as early as the 1970s, and in the 1980s This award, given annually during the celebra- many new Korean families arrived on island to Friday, January 12, 2007 tion, is bestowed on those community leaders establish a new beginning in America. Today, who exemplify the spirit of Dr. King’s life-mis- Mr. STARK. Madam Speaker, this week, Korean Americans are an integral part of our sion and who strive to make our society a bet- President Bush confirmed what I have known island family. On this day, we celebrate the ter place for all to live. for some time: He is delusional. Twenty-thou- richness of their culture, their traditions, their Fellowship, friendship and family will fill the sand more troops in Iraq? No one supports achievements, and their contributions to our air as my constituents from the greater Read- this escalation: not the Join Chiefs of Staff, not community. To that end, I also want to recog- ing area join together to celebrate Dr. King the Iraq Study Group and certalnly not the nize the Korean Association of Guam. The As- and honor his memory. American people. sociation serves as an important support So I ask, Madam Speaker, that my col- This administration has made mistake after group for new immigrants from Korea, and leagues join me today in recognizing all the mistake in an unnecessary war of its choos- through its efforts, the professional and civic hard work and effort that is sure to make the ing. Now the President insists on sacrificing interests of the Korean American community Greater Reading 16th Annual Dr. Martin Lu- more lives, more money, and more goodwill on Guam are preserved and advanced. ther King Jr. Celebration an event most bene- on an increasingly lost cause. The contributions of Korean Americans are fiting of the community and of Dr. King’s leg- If God really does talk to this President, I found not only in Guam, but also in every acy to us all. wish God would tell the President to ‘‘Bring community across the United States. Korean f the troops home now!’’ This is what the Iraqis Americans are key contributors in the eco- need and it’s what the American people over- nomic, medical, academic and religious fields. TRIBUTE TO QUINTANNA WILSON whelmingly declared they wanted in Novem- Notably, at least 4,000 Korean Americans HALL ALLINIECE ber. serve in the United States Armed Forces. President Bush is incapable of managing Many of these servicemembers have com- HON. AL GREEN the debacle in Iraq. Congress must therefore pleted tours of duty in the Global War on Ter- OF TEXAS take matters into its own hands, blocking fund- rorism or are deployed in Iraq. Whether they IN THE HOUSE OF REPRESENTATIVES ing for the ‘‘surge’’ in particular and stopping are serving as leaders in their communities or all funding for the war in Iraq in general. Let’s fighting alongside their fellow Americans in de- Friday, January 12, 2007 bring our troops home. fense of our country, Korean Americans have Mr. AL GREEN of Texas. Madam Speaker, f demonstrated their significant presence in and today I would like to honor the memory of contributions to the United States. Quintanna Wilson Hall Alliniece. Mrs. Alliniece RECOGNIZING THE CONTRIBU- I wish to express my heartfelt support for lived a life dedicated to her strong faith and to TIONS OF KOREAN AMERICANS the greater Korean American community on the education of multiple generations of Hous- the occasion of the 104th anniversary of the ton students. HON. MADELEINE Z. BORDALLO arrival of the first Korean immigrants to the Mrs. Alliniece was born in Brazoria County, OF GUAM United States. In doing so, I also take the op- Texas and moved to Houston to attend high IN THE HOUSE OF REPRESENTATIVES portunity to recognize the growth and contribu- school. She obtained a Bachelor of Arts de- tions of the Korean Association of Guam, gree in English from the Houston College for Friday, January 12, 2007 which was established to advance the profes- Negroes in 1942 and a Masters degree in Ms. BORDALLO. Madam Speaker, I rise sional and civic interests of Korean Americans Education from Texas Southern University. today to commemorate the 104th anniversary in our community. Today, the Korean Associa- A leader in her community, Mrs. Alliniece of the arrival of the first Korean immigrants to tion of Guam serves as an important wel- taught English and Mathematics for over forty the United States, which is this Saturday, Jan- coming support group for new immigrants from

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

VerDate Aug 31 2005 07:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K12JA8.001 E16JAPT1 bajohnson on PROD1PC77 with REMARKS E110 CONGRESSIONAL RECORD — Extensions of Remarks January 16, 2007 Korea. Through the continued efforts and con- though is that every time we killed a ter- Afghan mullahs, and Sudanese warlords. A tributions of Korean Americans, the ties of rorist (and we killed a lot of terrorists) we squad leader with a thorough understanding United States with Korea will be strengthened created ten more because now his brother, of Shia Islam and the history of Iraq is a lot cousin, and uncle all had to seek revenge more valuable than a squad leader with a in the years to come. against us. It just seemed so counter-produc- camera on the end of his rifle. War always f tive. has been and always will be about people. If Our real goal was to persuade our Iraqi IRAQ INSIGHTS we want to revolutionize our Army we friends and allies to actively and publicly should invest in educating and training our support us. We wanted them to help us tip people. HON. CHET EDWARDS the balance of public opinion in our favor. To Enemy Motivation: During the course of OF TEXAS influence these key individuals, we gave the year, I had the chance to talk to a few them funding and allowed them to take cred- leaders from the Mahdi militia and a few IN THE HOUSE OF REPRESENTATIVES it for civil works projects. We provided secu- jihadists from the Sunni side. What amazed Tuesday, January 16, 2007 rity when needed and gave them prestige by me about these guys is the total lack of any Mr. EDWARDS. Madam Speaker, distin- showing publicly that our commander lis- collective, long-term vision about why they tened to their advice. We discovered that we are fighting us. There is no practical end guished colleagues, as we address the com- were not fighting a military campaign, but a state that they are trying to achieve. The plex challenges in Iraq, I think it is important political campaign—not too different from radicals from both camps are absolutely con- that we hear all points of view. For that rea- what a small town mayor might do to win re- vinced that they are under obligation from son, I am submitting for the CONGRESSIONAL election back in the U.S. Allah to kill non-Muslims who occupy Arab RECORD the firsthand observations of a young I don’t want to give the impression that we lands regardless of the long-term con- Army officer who has recently served in Iraq: never had to fight. There was plenty of vio- sequences for their country. There is no lence and plenty of people who needed to be amount of practical reasoning that will IRAQ: A SOLDIER’S PERSPECTIVE killed or captured. But fighting was not our change this viewpoint. We have invested mil- You asked me to put together some goal and winning a fight did very little to lions of dollars in public works projects in thoughts on my experience in Iraq. First, achieve our long-term purpose. Our goals some towns to improve the lives of the peo- Iraq is a very complex nation with huge dif- were political in nature. Fighting terrorists ple only to see citizens from those same ferences between regions and locations. The was only something we did when needed, be- towns attack and, in some cases, kill our sol- experience of one battalion can be com- cause it interfered with our political objec- diers. This is not rational behavior. pletely different from the experience of an- tives. If we could ignore the terrorists, we I believe that the majority of the insur- other next to it. Every area is different. My were winning. If we had to stop our economic gents fight us because they want the prestige views reflect my very narrow vantage point and political activities in order to fight ter- and respect that other Muslims in their his- after less than 12 months in a tiny corner of rorists, they were winning. tory and in neighboring countries have ob- a very large country. This may seem like a minor difference in tained by fighting foreign occupation. This Bottom line up front—I do not believe that viewpoint, but I think it is extremely impor- reality should impact our national policy we are winning in Iraq. This is not because tant. Every region is different, but if a unit and our expectations. We have to accept the we screwed up or because we lack the will, goes into Iraq with a focus on killing bad inconvenient fact that there will always be a the leadership, or the resources to win. I guys, they will find more than enough bad significant level of insurgency in Iraq so long think we have thousands of smart, brave, guys to kill. After a year, their region will as non-Muslim troops occupy the country. and talented people who are giving every- be as bad as or worse than it was when they No amount of political settlement or eco- thing they have to make us successful. I arrived. On the other hand, if they focus on nomic development will change that. This is think the American people have given us waging a political campaign that builds rela- something that our Congress and our Admin- their very best sons and daughters and more tionships with key opinion makers, and tips istration have to come to terms with. Unfor- than enough money and equipment to public opinion in their favor, they will start tunately, I don’t have any brilliant ideas on achieve our goals. Despite this, it is clear to see real, permanent change. Sitting down how to deal with this, but I am convinced that our current strategy is not likely to and eating goat with a prominent and re- that the insurgency in Iraq will not end one produce a secure, stable, and democratic spected sheik can be more valuable than a day before the last American soldier leaves state in the Middle East. I don’t know who is hundred midnight raids. the country. This is a reality that we must to blame for this and I don’t really think it The U.S. Army has done a better job train- accept and must plan for. matters. Since we are spending the blood and ing its combat formations than any army in Iraqi Security Forces: The Iraqi security treasure of the American people at an un- history. However, we have much to learn as forces (Army and Police) that I worked with precedented rate, we owe it to our nation to an Army about how to best teach and train ranged from superb to completely incom- figure out a strategy that has some hope of this style of counter-insurgency warfare. It petent. Like any organization, the character success or to find an alternative end state is easier to run a rifle range than train a of the unit was largely determined by the that protects our long term interest. I don’t squad leader how to negotiate with an Arab character of the commanding officer. Many know what that strategy is, but I can offer sheik. The Army should accept that were excellent (the best officers, in my expe- some insights from my limited experience. counterinsurgency will be a prominent part rience, came from Saddam’s old Army). Most This may help those smarter than me to sort of our future. We will need to educate and officers did a great job when facing Sunni- out what might work from what won’t work. train our future leaders to deal with the in- based insurgents. In fact, we had to keep a Political Warfare: The hardest thing for us herent unpredictability of human behavior close eye on most units to make sure they to adjust to once we hit the ground and real- that is so critical in this type of warfare. were not too heavy-handed against the ly tried our hand at this counter-insurgency The Army is planning to invest billions of Sunnis. When we dealt with the Shia, espe- thing was the importance of personal rela- dollars in a new suite of military vehicles cially the Mahdi militia, things got a lot tionships. They can have a decisive impact that will ‘eliminate uncertainty’ by inter- more complicated. Many officers were reluc- on the conflict and it really doesn’t matter netting every weapon on the battlefield to tant to fight the Shia militias because they what scale you are dealing with. Whether it provide near-perfect situational awareness. had a well-justified fear for the security of is the relationship between a local shop I’m sure this will have its advantages in the their family. I have seen senior Iraqi officers owner and a squad leader or the relationship future, but I think this investment is mis- flat refuse to follow American soldiers in between the Brigade Commander and the guided. In a year in Iraq that had no short- pursuit of Shia insurgents—even when those Provincial Governor, our day to day dealings age of enemy contact, I never needed to see insurgents just killed their own soldiers. with the Iraqis and the friendships that we down the barrel of a tank or Bradley. We had An Iraqi officer in either the police or the developed with local opinion makers from smart, well-trained soldiers who knew when Army has to walk a very fine line. If he does the village to the national level were the and who to shoot. If leaders started getting not cooperate with the Americans, he risks most important contribution that we made involved in that decision, we almost always losing the money, equipment, and prestige to the campaign. screwed it up. The guy on the ground knows that come from American support. If he co- The Army has a method for designing a the situation better than anyone. The more operates completely, especially in the pur- good military campaign. You study your that technology enables his leader to see suit of Shia targets, he is labeled a traitor, enemy, define the source of his strength (his what he sees, the less his judgment and in- and his family and career can be in great ‘center of gravity’ in military language), fig- stinct will be used. danger. I have seen members of the National ure out the most vulnerable place to attack Iraq has taught us that uncertainty will al- Assembly and Provincial Governors place that strength, and then design a series of ways be a major factor in warfare. War is a tremendous pressure on police and Army missions to achieve your goal. The focus is distinctly human phenomenon and man is commanders to get them to look the other on defeating the enemy by attacking the notoriously unpredictable. Trying to lift the way when it came to Shia militia activity. source of his strength. We figured out pretty fog of war with information technology is a The few ISF commanders who are truly quickly that this kind of strategy would not hopeless task and a waste of resources. We ‘independent’ are constantly under threat of work. We could have easily expended all of should invest those dollars revamping our of- being fired or worse. Most commanders man- our resources trying to chase down the guys ficer and NCO education systems to teach age to survive by establishing a delicate on our ‘most wanted’ list. What we found young leaders how to handle Iraqi farmers, truce with the Shia radicals. They openly

VerDate Aug 31 2005 07:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A12JA8.081 E16JAPT1 bajohnson on PROD1PC77 with REMARKS January 16, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E111 profess support for the Americans and talk I don’t have the expertise to comment on the ground in Iraq, any strategy that we try about fighting the militia in public. In pri- whether or not a temporary ‘troop surge’ is to implement over the next few years will be vate, they pass information about our oper- necessary. I can say, however, that a troop doomed to failure. ations and provide early warning to the mili- surge is pointless if we cannot set the polit- Super-FOBs: When we first arrived in Iraq, tias the minute we leave the front gate of ical conditions beforehand that allow us to I was surprised at the size of some of the our camp. This is not speculation—my unit act freely against the militia. The Adminis- larger American bases like Balad and Camp witnessed this many times. tration should seriously consider the legal Victory in Baghdad. They are small Amer- I will never understand why the Coalition implications of declaring the Jaysh al-Mahdi ican cities filled with thousands of soldiers forfeited control of the hiring and firing of (Mahdi militia) a designated hostile force. who have never left the wire or met an Iraqi. Iraqi Army and Police commanders over to a This declaration gives local commanders They are guarded by an entire combat bat- government that was so deeply divided in its much greater latitude to deal with this talion because of their size. loyalty. The resulting divided loyalty within threat and will eventually force the organi- Logistics bases are necessary and there is the leadership of the ISF is probably the zation to go completely underground. I am a certain economy that comes with consoli- greatest threat to Coalition interests today. not a military lawyer so I don’t know all the dating camps but I think we have lost our I doubt we can reverse this, but I can assure implications of such a move but I think it balance somewhere. I would estimate that you that as long as the Iraqi government de- bears a hard look. We should also look for between 10 to 20 percent of the soldiers serv- cides who commands and who doesn’t in the ways to continue to publicly expose the con- ing in Iraq actively engage the Iraqi people, ISF, they will be unable to deal with the nections between the legitimate political ac- aid in reconstruction, or provide security for Shia militias in any meaningful way. The tivities of parties like the OMS (Office to the Iraqi neighborhoods. The rest are involved in Coalition, through our advisory teams Martyr Sadr) and the brutal acts carried out logistics, camp management, and staff func- should exert a greater degree of influence by the Mahdi militia. This technique has tions. over the selection of Iraqi battlefield com- shown some success in counter-insurgencies Someone, of course, has to deliver the mail manders. This will have a bigger impact on in the past because it drives a wedge between and the American Army in Iraq is a logistical marvel that few armies in the the quality of the Iraqi security forces than the political and military wings of the orga- world could replicate. However, the next anything else we can do. nization. Key-Man Strategy: To find an honest, cou- Because both militias are so tightly associ- time you hear that we have 150,000 ‘boots on rageous, and liberal-minded Iraqi within the ated with the police and army, they receive the ground’, I think it is important to recog- security forces is absolute pure gold. To have a lot of their funding and weapons from nize that probably somewhere less than one as the police chief or military com- these sources. The American taxpayer re- 30,000 soldiers actually carry on their mis- mander for your area is every US com- mains the greatest funding source for the sion outside of these huge sanctuaries that mander’s dream. If these guys are so impor- Mahdi militia. We have fought militia mem- we have constructed. When you compare this with an Iraqi population of around 27 mil- tant to our strategy, then their selection, bers in police uniforms carrying weapons lion, you can see how daunting this task is. promotion, and protection should be a cen- that were issued from U.S. warehouses. We tral component of our campaign plan. I I am not suggesting that we should send all will not be able to cut that funding source the mail clerks on patrol. Some units have think the Coalition has, in a good faith at- until the Iraqi government purges its senior tempt to bolster the Iraqi ministries, stayed tried this and found that both their logistics ranks of militia loyalists. and operations have suffered for it. I do be- too aloof and uninvolved from these vital ap- The second biggest source of funding, in lieve that consolidation of bases into large pointments. The Mahdi militia and Badr my experience, is Iraq’s foreign neighbors. super-FOBs leads to a certain isolationism Corps, who do not share our sense of fair Iraqis tend to be very nationalistic so the that causes one to forget why we are all play, have filled the void and are aggres- idea of foreign neighbors providing weapons there in the first place. We have division and sively filling the senior ranks of the ISF and money to the militia is very distasteful Corps staffs that approach 1,000 soldiers in with their most loyal supporters. to most. I don’t understand why we have not I would suggest that the Coalition embark size. These large organizations consume a exploited this weakness. Foreign funding and on a ‘‘Key Man Strategy’’ where great atten- great deal of talent. Some of our best war- training of the militias remains an open se- tion is devoted to the character and trust- fighters, men with extensive combat experi- cret within the Coalition. Why isn’t this worthiness of all Security Force com- ence, spend their year in Iraq planning the front page news in the Arab world? A public manders down to the battalion and district construction of the new camp dining facility. exposure of extensive militia cooperation police chief level. Engagement reports Somehow, we have lost our balance. should be collected and assessments done so with Iraq’s neighbors could mortally wound This same tendency toward consolidation that the highest levels of the Coalition and the militias by making them appear to be a has affected our advisory teams for the Iraqi Iraqi government have a fair and inde- tool of would-be foreign occupiers. Army. The unit advisory teams that work The Talent Drain: Every few years, some- pendent assessment of all the key battlefield with the Iraqi Army are our main effort and one makes a big deal about all the junior of- commanders in the ISF. our best hope for a successful outcome to Because of the convoluted and duplicitous ficers leaving the Army. In most cases, this this fight. Very few of the advisory teams, nature of Arab politics, senior Iraqi leaders is a natural part of the process and some- however, actually live with their Iraqi bat- have great difficulty getting accurate infor- thing that the Army can easily compensate talion or brigade. Most teams live on the mation on the quality of their leadership at for. We need fewer Majors than we do Cap- nearest large American camp and commute the tactical level. Because of this informa- tains. From my limited perspective, how- to work when conditions permit. I know of tion vacuum, it is often difficult for a min- ever, I am very concerned this time around. one team that had a two-hour commute on ister to say no when a group of ‘concerned The Army is enduring a brutal deployment very dangerous road from their camp to citizens’ from the Mahdi militia approach cycle (12 months on, 12 months off for many their Iraqi unit. After they lost a soldier to and ask him to replace a particularly effec- soldiers) with no end in sight. Because of an IED on that road, they practically tive police chief. If the Coalition leaders who this, we are bleeding talent at an unprece- stopped visiting the unit all together. By the regularly work with the ministries had a dented rate. Of the hundred or so junior offi- time we redeployed, that Iraqi unit was all more detailed assessment of these key men cers in my brigade, I know of only a handful but an auxiliary wing of the Mahdi militia. I and their capabilities and limitations, then that intend to stay in long enough to com- am not sure if the advisory team could have they could better advise the Iraqi leaders mand a company. In most cases, it is the stopped this, but their absence certainly who are making the tough calls. We can also most talented officers who are the first to helped to accelerate it. exert pressure to prevent attempts to fire go. I hope that our unit is not typical of the There is no replacement for boots on the independent leaders and replace them with rest of the Army. ground. The more we consolidate troops into militia supporters. It is difficult to overstate the importance large base camps and allocate our best talent Entire provinces can be won or lost in the of good company commanders to the health to internal maintenance and support func- selection of Iraqi brigade commanders and of an Army- especially an Army fighting tions instead of winning the fight, the harder Provincial police chiefs. The Coalition will counter-insurgency. Company commanders it is for us to influence the population and, probably never regain the exclusive right to are the ones who decide every day what risks when necessary, impose our will. select and remove these men, but we must are worth taking and what are not. They As a final point, I think it is important to devote enough attention to this process in lead most of our most important negotia- step back and look at this from a historical order to influence it. tions with local leaders. They chose who the perspective. Despite all our warts, the Amer- Militias: We will never reach any kind of squad leaders and platoon sergeants will be ican Army is doing something pretty amaz- acceptable political settlement as long as who lead America’s young men in battle. Our ing in Iraq. For three years, American sol- the Coalition and the Iraqi Government company commanders in Iraq made life and diers, many still in their teens, all volun- allow legitimate political parties to hold death decisions every day. We have to have teers, have faced an enemy that refuses to seats in the National Assembly while they fi- top-notched junior officers to fill these posi- accept any moral limits on warfare. We have nance and maintain military auxiliary wings tions or the Army and our expedition in Iraq seen the enemy dress in women’s clothing, that attack and kill Iraqi and American sol- are both in great peril. use Iraqi children as human shields, hide diers. These parties have enough clout in PM This is not just a long-term problem. This weapons in their mosques, and torture the Maliki’s administration to effectively block could have serious short-term consequences innocent and defenseless. In spite of all this, any major military operation against the in Iraq. If we don’t have our best talent com- our young soldiers have shown enormous re- militias. This is an impossible situation. manding our combat company formations on straint and even greater compassion. I have

VerDate Aug 31 2005 07:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A16JA8.003 E16JAPT1 bajohnson on PROD1PC77 with REMARKS E112 CONGRESSIONAL RECORD — Extensions of Remarks January 16, 2007 heard Iraqi interpreters marvel that a squad House Resolution 15, honoring the late Honor- Congratulations again to the Mart Panthers of soldiers would capture a man who, only able Gerald Rudolph Ford, the 38th President on their 2006 2A Division II State football minutes before, tried to kill them, and bring of the United States. championship. Go Panthers. him unharmed to the detention facility on Here in this Chamber, President Ford our camp. This kind of mercy is unheard of f in the Arab culture. served dutifully for 24 years, representing the people of the Fifth District of Michigan from IN RECOGNITION OF CHIEF OF PO- Unfortunately, this story will not make the 1949 until his ascension to the Oval Office. As LICE STEVE MCFADDEN’S OUT- headlines back home. But this is the story of a Congressman, Gerald Ford’s warmth, ap- STANDING SERVICE AND DEDI- the American soldier in Iraq. It is a story of un- proachability, and affability made him one of CATION TO THE CITY OF precedented courage, restraint, and compas- LEWISVILLE sion for a foreign people. It is a story of the the most highly regarded Members of his day. It was these qualities which would shape strong trying, against all odds, to protect the Gerald Ford into an excellent House floor weak and defenseless from a dark and hope- HON. MICHAEL C. BURGESS leader for his party, a position he held for 8 OF TEXAS less future. I have no idea how the American expedition in Iraq will end. I doubt it will end years until his appointment as the 40th Vice IN THE HOUSE OF REPRESENTATIVES well. But I do hope that the courage and civil- President. During his tenure as minority lead- Tuesday, January 16, 2007 er, Gerald Ford set a standard of fairness, di- ity of the American soldiers who fought there Mr. BURGESS. Madam Speaker, I rise will not be forgotten both here and in Iraq. plomacy, and cooperation to which all of us can aspire. today in recognition of Lewisville Chief of Po- f As both Vice President and President, Ger- lice Steve McFadden. After more than 38 IN MEMORY OF VETERAN CARL ald Ford was called to serve in positions of years in municipal service, 34 years of which GENE YOUNG, SR. great responsibility during a troubled time in were served as Chief of Police, Mr. Steve our Nation’s history. Ford accepted his powers McFadden will retire in February 2007. HON. MICHAEL C. BURGESS and responsibilities with the same steadfast Mr. Steve McFadden grew up in a small composure and patience for which he had be- town outside of Paris, Texas. After graduation OF TEXAS from East Lamar High School, he served in IN THE HOUSE OF REPRESENTATIVES came known as a Congressman. As a man known for his ability to create the U.S. Army for three years where he dis- Tuesday, January 16, 2007 consensus, compromise, and conciliation, he covered his calling into law enforcement. He Mr. BURGESS. Madam Speaker, I rise was well suited to take the helm of America later received a Bachelor of Science degree today to honor Vietnam Veteran Carl Gene and navigate the turbulent storm it faced. from East Texas State University. Due to Mr. Young, Sr., who passed away Wednesday, President Ford’s gentle nature helped soothe McFadden’s strong leadership abilities and January 10, at Denton Regional Medical Cen- the deep scars America faced after an ardu- thorough education, he was promoted to Po- ter due to a myocardial infarction. ous period of strife at home and abroad. lice Chief within five years of serving as a po- A native of Denton, Texas, Mr. Young Madam Speaker, Gerald Ford served our lice officer. served as a city council member for 6 years country with a patient hand, an understanding In November of 1977, Mr. McFadden be- before retiring in 2001. He was an outspoken, mind, and a reassuring voice. His time in Con- came Chief of Police in Lewisville, Texas. At honest spokesman for southeast Denton, and gress and in the White House leave behind a that time there were only 27 sworn officers, a was known as an advocate of affordable hous- legacy of commitment, passion, and comity force that has grown drastically to include 136 ing and diversity in city government. Mr. that we will all remember. officers today. The crime rates in Lewisville Young was devoted to those he represented have been kept low due largely to the strong f and was genuinely concerned with any issues cooperation of the police department. Chief affecting them. Friends and former colleagues CONGRATULATIONS TO THE MART McFadden believed that one of the most inte- will always remember him for his dedication PANTHERS, STATE 2A DIVISION gral aspects that contributed to their depart- and loyalty to his community. II CHAMPIONS ment success was honesty and trust. He be- Before joining the city council, Mr.Young lieved that his job as police chief was not any served in the First Air Cavalry in the Vietnam HON. CHET EDWARDS more important than those jobs of the officers War. He later organized an annual Easter egg OF TEXAS and dispatchers. Mr. McFadden inspired a hunt to honor 16 soldiers that were killed on IN THE HOUSE OF REPRESENTATIVES sense of pride and integrity in his staff. He Easter Day 1968. Veteran Carl Young, Sr., was one of the most experienced and re- was a true patriot and was proud to serve our Tuesday, January 16, 2007 spected police chiefs in Texas, and his retire- country. Mr. EDWARDS. Madam Speaker, I rise ment is viewed as a great loss to the depart- I worked alongside Mr. Young on the Den- today with great pride to congratulate Coach ton County health executive director selection ment and to the community. Rusty Nail and the Mart High School Panthers The decision to retire was not an easy one committee. The committee assignment was on their 2006 2A Division II State football for Mr. McFadden, as he will truly miss his col- one that would affect every citizen in Denton championship. Their victory is the culmination County, and Mr. Young was thoughtful and leagues and serving our community as of years of hard work, dedication and sacrifice Lewisville Chief of Police. He does, however, thorough in his duties. I remember him as in- and inspires all of us who have followed their sightful and truly caring. look forward to spending more time with his progress with great interest. The team and wife, Judy McFadden, his two daughters, his In addition to his role as a politician and sol- coaching staff have demonstrated outstanding dier, Mr. Young was also a loving husband son, and his granddaughter. talent and commitment to achieving their It is with great honor that I recognize Mr. and father. He deeply cared for his family and goals. friends, and was a strong pillar in our commu- Steve McFadden for decades of hard work Mart High School has an outstanding history and selfless dedication given to the citizens of nity. I extend my dearest sympathies to his of representing their community and Central family and friends. Veteran Carl Gene Young, Lewisville, Texas. I am proud to represent him Texas with integrity and I am proud to rep- in Washington, and his service will be set as Sr., will be deeply missed and his service to resent such exceptional educators, coaches, our community will always be greatly appre- a standard of devotion and true leadership, and students in Congress. one that will never be forgotten. ciated. Winning this State championship is an ex- f traordinary accomplishment that holds lessons f MOURNING THE PASSING OF that will serve them well throughout their lives. ACKNOWLEDGING THE 2007 PRESIDENT GERALD RUDOLPH Chief among them is the confidence that ‘‘NUESTRO ORGULLO LATINO’’ FORD comes with knowing that success can be CELEBRATION AND ITS HON- achieved in life when you are willing to set OREES SPEECH OF goals and work hard to achieve them. The Mart Panthers have made history and HON. BRIAN HIGGINS HON. RAHM EMANUEL honored not only their school, but their com- OF ILLINOIS OF NEW YORK munity, fans and Central Texas by bringing IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES home a State football championship. The Pan- Tuesday, January 9, 2007 thers victory brought the State championship Tuesday, January 16, 2007 Mr. EMANUEL. Mr. Speaker, I am honored trophy home to Mart for the fourth time with an Mr. HIGGINS. Madam Speaker, I rise today to rise with my colleagues today in support of impressive record of 15–1. to pay tribute to an event, the ‘‘Nuestro

VerDate Aug 31 2005 07:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.007 E16JAPT1 bajohnson on PROD1PC77 with REMARKS January 16, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E113 Orgullo Latino’’ celebration, Our Latin Pride, leverage needed to negotiate low prices is vol- HITRON is the Coast Guard’s premier air- which honors Hispanics in the western New ume buying and the ability to walk away from borne law enforcement unit trained and au- York area that have achieved professional a deal the government decides is too expen- thorized to employ Airborne Use of Force. success in the passing year. sive. This means the government will have to With an historic record of success, HITRON This year the event will recognize 16 individ- walk away from a deal with a drug company, consists of eight leased AgustaWestland MH– uals that have achieved various accomplish- and seniors would not have access to those 68A StingRay helicopters. These helicopters ments. The honorees include an international drugs. Negotiating low prices will take priority are extremely fast and maneuverable, and author, legal professionals, educators, munic- over getting the most quality, effective drugs in they are armed and cutter-deployable. They ipal employees and private business owners. our seniors’ medicine cabinets. have proven very effective at intercepting the This year’s honorees are: Cesar Cabrera, But seniors are already getting negotiated go-fast boats favored by drug runners on both Tamara Pozantides, Lorraine Clemente, David discounts. Private insurance plans already coasts. Rodriguez, Nestor Hernandez, Eugenio Russi, have a strong incentive to negotiate low prices Prior to HITRON, drug runners would simply Lourdes T. Iglesias, Melissa Sanchez, Olga for seniors: they want to control their own ignore our orders to cease and desist. Karman, Denise Gonez-Santos, Elizabeth costs and compete for new enrollees to HITRON now has the ability to shoot out the Martinez-Fildes, Betty Calvo Torres, David choose their plan. Premiums for the drug engines of these drug boats, preventing them Mauricio, Maria Cruz Torres, Doris Carbonell- basic benefit are offered at an average of $22/ from reaching our shores. During a House Ap- Medina, and Roddy Torres. month for seniors in 2007, down from $23 in propriations Subcommittee on Homeland Se- This event is presented by Hispanics United 2006. This is $15 less than the $37/month curity hearing the Commandant of the Coast of Buffalo, an organization that provides serv- coverage premiums were originally projected Guard told me that HITRON is batting a thou- ices to thousands a year in Buffalo’s west to cost. In fact, Democrats wanted to set pre- sand—every time the HITRON aircraft went side. The event is also organized by the His- miums on seniors at a static $35/month, $13 after a go-fast drug boat it had stopped the panic Alliance of Western New York, a civic more than average beneficiaries will pay next drug runners cold. association that is committed to community af- year. This proves that competition is working America is continuing to fight the war on fairs for Buffalo’s Latino community. and our seniors are receiving benefits cheaper drugs, and these are the kinds of successes Madam Speaker, it is with great pleasure than ever imagined. we need to win. For their contributions the and gratitude that I stand here today joining Democrats point to the Veterans’ Adminis- HITRON unit has a lot to be proud of, and our many others in commending the honorees of tration as a model for this government price Nation owes them a great debt of gratitude. controlled plan. But the latest information from this year’s event for their accomplishments f and wishing them a continually prosperous the Centers for Medicare and Medicaid Serv- and successful future. ices suggests that almost 40% of veterans eli- IN RECOGNITION OF MASSACHU- f gible for both VA and Medicare benefits SETTS STATE REPRESENTIVE choose to get their prescriptions through Medi- KATHLEEN M. TEAHAN FOR MEDICARE PRESCRIPTION DRUG care Part D, the plan with more choices. FOUR DECADES OF PUBLIC PRICE NEGOTIATION ACT OF 2007 Time and again, veterans in my district have SERVICE TO THE MEN, WOMEN, been frustrated that in order to receive the SPEECH OF AND CHILDREN OF MASSACHU- best benefits, they must get their drugs SETTS HON. STEVAN PEARCE through an impersonal mail order program. In OF NEW MEXICO fact, 76% of veterans’ prescriptions are distrib- HON. STEPHEN F. LYNCH IN THE HOUSE OF REPRESENTATIVES uted through mail order. And year after year OF MASSACHUSETTS efforts are made to encourage more veterans Friday, January 12, 2007 IN THE HOUSE OF REPRESENTATIVES to get their prescriptions through mail order. Mr. PEARCE. Mr. Speaker, over 90% of Why put seniors in this position when we do Tuesday, January 16, 2007 people with Medicare, that’s 38 million Ameri- not have to? Our seniors will face threats to cans, get their prescription drugs through Mr. LYNCH. Madam Speaker, I rise today in their ability to purchase drugs from local phar- Medicare Part D. These seniors are satisfied honor of a woman who has dedicated both her macies, just as veterans face, and may have with their coverage and are finally receiving personal and professional life to the men, to retrieve their drugs through an impersonal the drugs they need at costs they can afford. women, and children she has so thoughtfully Consistently, 80% of beneficiaries report mail-order program, not their trusted phar- served. Massachusetts State Representative they are satisfied with their current coverage macist. Kathleen M. Teahan has served the citizens of Mr. Speaker, our seniors deserve to have and drug plans. Those include seniors known Abington, East Bridgewater and Whitman for access to the drugs they need at the lowest as dual-eligibles, the poorest seniors eligible the last ten years. The impact of her work has costs possible. They are getting both now, and for both Medicare and Medicaid, because they been felt not only throughout the great Com- Democrats want to take that away. We must are seeing more choices and paying less monwealth of Massachusetts, but throughout continue to fight for our seniors and I encour- money for quality care. this great Nation as a whole. My constituent, Nancy Santheson of age my colleagues to vote ‘‘no’’ on H.R. 4. Known to be an always positive leader in Roswell, New Mexico, was spending almost f both the classroom and legislature, Represent- $800/month on one drug to treat osteoporosis. MESSAGE OF APPRECIATION TO ative Teahan began her public service as a She had zero coverage the first year her doc- THE MEMBERS OF HITRON teacher after graduating from Bridgewater tor prescribed it. Once she signed up for her State College in 1969. Over the next three Medicare Part D plan, it went down to only HON. ANDER CRENSHAW decades, she taught at Whitman-Hanson Re- gional High School and Gordon W. Mitchell $60/month. This drug is not listed on the Vet- OF FLORIDA Middle School in East Bridgewater. Yet her erans’ Administration’s national formulary. Had IN THE HOUSE OF REPRESENTATIVES Nancy been dependent on the price negotia- passion to help others and invest in the com- Tuesday, January 16, 2007 tions the VA administers and the Democrats munity was not limited to just the classroom. have proposed, she would not have had cov- Mr. CRENSHAW. Madam Speaker, I would Representative Teahan’s commitment to Habi- erage of this drug, a new treatment that has like to congratulate the Joint Interagency Task tat for Humanity, the Whitman Democratic shown great promise in reversing bone loss. Force, the Navy and the Coast Guard drug Town Committee, and the Whitman Library Democrats say they will fill in the donut- interdiction forces for their role in seizing more are just a few examples of her devotion to the hole, a cost estimated to be $450 billion over than 43,420 pounds of cocaine during oper- citizens of Massachusetts. 10 years, with the savings they claim will incur ations over the last several months in the Pa- Encouraged and supported by her late hus- through government interference in price ne- cific. In particular, I would like to commend the band Robert, Representative Teahan decided gotiations. Yet the non-partisan Congressional Jacksonville based Coast Guard Helicopter to expand her efforts to help others and was Budget Office and Centers for Medicare and Tactical Interdiction Squadron, HITRON, for elected to the Massachusetts House of Rep- Medicaid Services have stated that they pre- their critical role in missions which intercepted resentatives in November 1996. Since that dict government involvement in price negotia- 8,850 pounds of cocaine that was headed for time, she has not only made an impact on the tions will not lead to lower costs for taxpayers our Nation’s shores. These actions represent citizens within the 7th District but has been a or seniors. a crucial victory in keeping drugs off our national leader and role model through her in- Seniors want choice, not government con- streets, out of our schools, and away from our volvement with issues involving health care, trolled access to their vital prescriptions. The children. education, employment, and the environment,

VerDate Aug 31 2005 07:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.012 E16JAPT1 bajohnson on PROD1PC77 with REMARKS E114 CONGRESSIONAL RECORD — Extensions of Remarks January 16, 2007 especially finding passion in the areas of chil- David has had a long history of service to Building Industry of Tennessee Hall of Fame dren’s health and adoption. both the Republican Party of Virginia and the and continued to be actively involved in busi- During her time in elected office, Represent- Republican National Committee. This record is ness into his final days. ative Teahan served on the House Personnel well documented and has come full circle from Bobby also served our area with distinction, and Administration, Joint Elder Affairs, and his initial role as chairman of the Fairfax serving 12 years as a county commissioner for Joint Public Health Committees and served as County Republican Party from 1970 to 1976 Washington County. He was a member of the the House chairman of the Caucus of Women through his most recent role as the party’s Washington County/Johnson City Chamber of Legislators. As a sign of her strong leadership senior consultant. Commerce and the Economic Development and efforts to bring about positive change, During his political career, David also Board serving the same region. Representative Teahan was nominated by her served on numerous exploratory, steering, ad- From 1994 to 1998, Bobby was elected to colleagues in 2001 to participate in the visory and finance committees for countless serve the constituents of the Sixth House Dis- Flemming Fellows Institute at the Center for Republican candidates for local, State, and trict of Tennessee as their State representa- Policy Alternatives. She has also participated national office. Most notably, David was chair- tive. He was a relentless advocate of pro- as a Massachusetts Team Leader for the Vet- man of Americans for Bush in 1990 as well as moting the interests of Upper East Tennessee erans Oral History Project at the Library of chairman of the Credentials Committee at the during his time in the legislature, and I was Congress since 2003. 1996 Republican National Convention. privileged to be his successor to that seat. A place where her dedication and work is It was easy for ‘‘those in the know’’ to rec- Bobby’s service to the community has been most evident is on the issue of oral health ognize that Mr. Foreman was a true player in noted and appreciated. The library in Gray, care. Representative Teahan served as a local and national politics. David has been fea- TN, and the local Emergency Medical Service member of the Special Committee on Oral tured in the Who’s Who in American Politics, buildings have been named in his honor. In Health, who presented its report to the Massa- Who’s Who in Washington, Who’s Who in Vir- addition, one of the major State highways in chusetts Legislature on March 2, 2000. Five ginia Politics, as well as Who’s Who in Politics our area, Highway 75, has been named as the years later, Representative Teahan became in the South and Southwest. Bobby Hicks Highway by the Tennessee Gen- part of history when she became cochair of David’s love for politics complimented his eral Assembly, as a result of his tireless ef- the Massachusetts Caucus on Oral Health, knack for policy. This was demonstrated forts to gain the approval for necessary up- which is the first caucus on oral health in the through his extensive work as a congressional grades to this well-traveled road. Nation. and administration lobbyist for numerous Madam Speaker, I ask that the House join Those who come in contact with Represent- American corporations. Through his role as me this evening in offering our sympathies to ative Teahan know all too well that she will founder and president of Foreman & Associ- the family and friends of Bobby Hicks. He was fight for the health and well being of any child, ates, David was able to effectively represent a good businessman, a fine public servant, whether they are in District 7 or in another his clients in their interactions with State, local, and a decent and kind person. His service is country. In 2002, she accompanied a humani- and Federal officials as well as all Federal greatly appreciated, and he will be deeply tarian delegation to bring medical supplies, agencies. missed. books, Braille texts, toys, and toothbrushes to While compiling this impressive legacy of f Cuba. Representative Teahan has been hon- private and political service, David was a lov- ored for her legislative efforts by the Congres- ing and dedicated husband to his wife Rose- CHEYENNE RIVER SIOUX TRIBE sional Coalition Adoption Institute, Health Care mary Foreman, and father to his two children, EQUITABLE COMPENSATION for All, and the Tufts University School of Den- Sheryl Olecheck and E. David Foreman III. AMENDMENTS ACT OF 2007 tal Medicine, and the Special Olympics. Madam Speaker, in closing, I ask my col- It has always been clear that Representative leagues to join me in applauding E. David HON. STEPHANIE HERSETH Teahan’s most cherished asset is her family, Foreman, Jr., and congratulating him on his OF SOUTH DAKOTA and she values the time she will now have to deserved retirement after a distinguished ca- IN THE HOUSE OF REPRESENTATIVES spend with her four children Anne, Jean, Rob- reer of service. Tuesday, January 16, 2007 ert, John, and her granddaughter Jill. Even f though Representative Teahan’s tenure as a Ms. HERSETH. Madam Speaker, today I State Representative has ended, her passion IN MEMORY OF BOBBY GENE am proud to introduce the Cheyenne River for changing lives will not cease. She will con- HICKS Sioux Tribe Equitable Compensation Amend- tinue to inspire the next generation to get in- ments Act of 2007. volved in their local communities, continuing HON. DAVID DAVIS The act will help to right a historic wrong her role as educator by teaching American OF TENNESSEE that occurred during the construction of the Government at Bridgewater State College. IN THE HOUSE OF REPRESENTATIVES Oahe Dam and Reservoir which inundated over 100,000 acres of the Cheyenne River Madam Speaker, it is my distinct honor to Tuesday, January 16, 2007 take the floor of the House today to join with Sioux Tribe’s best lands. For many years, the State Representative Kathy Teahan’s family, Mr. DAVID DAVIS of Tennessee. Madam tribe was not provided adequate compensa- friends, and fellow citizens of Massachusetts Speaker, I rise today to pay tribute to Bobby tion. to thank her for a decade of service in the Hicks, a resident of the First Congressional Recognizing this wrong, Congress moved to Massachusetts House of Representatives and District of Tennessee, who passed away Janu- compensate the tribe in 2000 by establishing her lifetime of service in educating all within ary 7, 2006 after an extended illness. a trust fund. While these actions were com- her reach. I hope my colleagues will join me Bobby Hicks lived his entire life in the beau- mendable, they left one important group be- in celebrating Representative Teahan’s distin- tiful hills of East Tennessee and spent his hind—tribal members that lost privately owned guished career, as we wish her good health adult life in a career of entrepreneurship and lands. This act would correct that omission and God’s blessing in all of her future endeav- public service for the area he called home. A and give the tribe the discretion to distribute ors. graduate of Sulphur Springs High School, funds to individuals who are currently prohib- f Bobby worked on the farm at an early age, ited from receiving them. learning to appreciate the value of hard work. I introduced similar legislation in the 109th HONORING E. DAVID FOREMAN, He served in the Army Reserve and worked Congress and was pleased to see it consid- JR., IN RETIREMENT for the Tennessee Eastman Company until ered by the then-House Resources Commit- choosing to begin his own business, the Hicks tee’s Subcommittee on Water and Power. Ex- HON. TOM DAVIS Construction Company, in 1970. amination of the bill at a subcommittee hear- OF VIRGINIA His career in construction was distinguished, ing generated a number of constructive sug- IN THE HOUSE OF REPRESENTATIVES where he served on the Johnson City Area gestions and, after additional consultation with Home Builders Association. He was president the Cheyenne River Sioux Tribe, committee Tuesday, January 16, 2007 of the association in 1983 and 1984. He also staff, and administration officials, we were able Mr. TOM DAVIS of Virginia. Madam Speak- served as president of the Home Builders As- to make a number of positive changes to the er, I rise today to honor E. David Foreman, sociation of Tennessee in 1990. On two sepa- bill. Jr., who is retiring after a life of dedicated rate occasions, he was named Builder of the Though a revised version of the bill failed to service in both the private advocacy sector Year, winning the prestigious honor in 1988 pass the House last year, its companion and to the Republican Party. and 1994. In 2002, he was inducted into the passed the Senate in the last moments of the

VerDate Aug 31 2005 07:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.016 E16JAPT1 bajohnson on PROD1PC77 with REMARKS January 16, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E115 109th Congress. Today, I rise to introduce a covered under Part D, are covered by PAAD. training in San Antonio. He was then stationed version of the Cheyenne River Sioux Equitable It has been argued that if the language of H.R. at Hill Air Force Base in Utah, working with Compensation Amendments Act that reflects 4 places a restriction on medications Part D the explosive ordnance division. Airman Mil- the positive collaboration from last year and will cover, the cost of the PAAD and the Sen- ler’s experience disarming explosives in the has already enjoyed the approval of the Sen- ior Gold program will increase as the burden military made him interested in joining the ate. It is my sincere hope that the House will to provide even more medications not covered bomb squad of a local police department once recognize that work by approving this legisla- by Medicare falls onto the State. As we move his military commitment was completed. Often tion as soon as possible. toward conference of the two Chambers, I the target of enemy fire as a member of the The Cheyenne River Sioux Tribe Equitable want to make sure H.R. 4 does not lead to re- 447th Expeditionary Civil Engineer Squadron, Compensation Amendments Act would finally strictions on access to new medications and Airman Miller served with bravery and courage provide just compensation for the taking of gives seniors the best possible price for their as he scoured Iraq for explosives, ensuring lands over 50 years ago. I urge its swift con- medications. the safety of our ground troops. sideration and passage. Again, I commend Speaker PELOSI for a job As the oldest of five siblings, Senior Airman f well done and for making affordable prescrip- Miller had an extremely strong bond with his tion drugs for seniors a top priority in the family. According to ROWVA Principal Andy PRESCRIPTION DRUG PRICE 110th Congress. Richmond, Airman Miller often visited the NEGOTIATION ACT OF 2007 f school after he graduated to ask former teach- SPEECH OF ers how his brothers and sisters were doing. CONGRATULATIONS TO JIM From what I’ve heard from his family and HON. ROBERT E. ANDREWS HOLMAN friends, ‘‘Dan’’ was loved by everyone and OF NEW JERSEY never asked for praise or recognition. ‘‘Dan IN THE HOUSE OF REPRESENTATIVES HON. JAMES P. MORAN was everybody’s friend. He cared about every- Tuesday, January 16, 2007 OF VIRGINIA body and was just a fun-loving young man,’’ IN THE HOUSE OF REPRESENTATIVES his father said. Mr. ANDREWS. Mr. Speaker, as the Rep- On behalf of the communities in western Tuesday, January 16, 2007 resentative of the First Congressional District and central Illinois, I would like to extend my of New Jersey, I take this opportunity to enter Mr. MORAN of Virginia. Madam Speaker, I thoughts and sincere prayers to the Miller and into the RECORD my position on the Medicare want to note for the record that a constituent Mahnesmith families at this difficult time. Sen- Prescription Drug Price Negotiation Act of of mine, Jim Holman of McLean, VA, was in- ior Airman Miller’s courage in serving his 2007, H.R. 4. First, I would like to congratulate stalled as an Eagle Scout at a ceremony on country will not soon be forgotten and a grate- Speaker PELOSI on her outstanding perform- January 13, 2007. Jim is an outstanding ful Nation stands humbled. ance over these last few weeks in bringing the young man who will graduate from Langley My heart also goes out to the families and real priorities of the American people to the High School this June. friends of TSgt Timothy Weiner of Florida, and forefront of the 110th Congress’s agenda. Re- As many of my colleagues know, it is not SrA Elizabeth A-Loncki of Delaware, who were forming the House of Representatives ethics easy making Eagle Scout. It takes a great also fatally injured in the same roadside bomb standards, increasing the minimum wage, au- deal of time, effort and determination, all of attack. thorizing Federal research of embryonic stem which Jim has in abundance. Jim’s accom- f cells and providing the Secretary of Health plishment is in a long tradition of scouting in and Human Services, HHS, the authority to the Holman family. Jim’s two older brothers, INTRODUCTION OF RESOLUTION negotiate drug prices with the pharmaceutical Luke and Tim, were both Eagle Scouts, and URGING BANGLADESHI GOVERN- industry are all essential measures for the his parents, John and Kay Holman, have MENT TO DROP JOURNALIST’S American people. played a significant role over the years in SEDITION CHARGES On January 12, 2007, I voted in favor of scouting. H.R. 4; however, I have some concerns for Again, I want to extend my congratulations HON. MARK STEVEN KIRK seniors in my home State of New Jersey. Al- to Jim on his wonderful accomplishment. OF ILLINOIS though I believe Congress should authorize f IN THE HOUSE OF REPRESENTATIVES the Secretary of HHS to negotiate drug prices, I believe his authority should be limited so to IN MEMORIAM OF SENIOR AIRMAN Tuesday, January 16, 2007 not disrupt areas in which the Pharmacy Ben- DANIEL MILLER, JR. OF GALES- Mr. KIRK. Madam Speaker, today, I am re- efit Managers, PBM, are obtaining the best BURG, IL introducing a resolution with Congresswoman deal for seniors. If our goal is to ensure that NITA LOWEY (D–NY) calling on the Govern- all avenues of achieving price discounts are HON. PHIL HARE ment of Bangladesh to drop sedition charges being used to benefit the seniors and individ- OF ILLINOIS pending against Bangladeshi journalist Salah uals with disabilities in the Medicare program, IN THE HOUSE OF REPRESENTATIVES Uddin Shoaib Choudhury. Mr. Choudhury then Congress should allow drug companies faces these charges because of his belief in and PBMs, who are successfully negotiating Tuesday, January 16, 2007 an interfaith dialogue between Jews and Mus- affordable drug prices for seniors, to continue Mr. HARE. Madam Speaker, last week lims and articles he published critical of Is- to do so without interference from HHS and western Illinois lost one of its sons in the war lamic extremism. Under Bangladeshi law, se- focus the Secretary’s attention on those areas in Iraq. SrA Daniel B. Miller, Jr. was proudly dition is a crime punishable by death. where competition is stymied and prices are serving in the 447th Expeditionary Civil Engi- Mr. Choudhury is a journalist in Bangladesh artificially inflated by drug companies. neer Squadron’s Explosive Ordnance Division known for his views on expanding dialogue Furthermore, I am concerned about how when a roadside bomb exploded south of between Muslims and Jews, developing ties H.R. 4 will affect various States’ prescription Baghdad. Senior Airman Miller made the ulti- with Israel, and criticizing the rise of Islamist drug assistance programs. For example, New mate sacrifice for his country and I would like parties in Bangladesh. Mr. Choudhury was de- Jersey provides drug coverage to over to take this opportunity to acknowledge his tained in November 2003 at Zia International 200,000 low-income seniors through two pro- bravery, recognize his contributions to this Na- Airport in Dhaka, Bangladesh, on his way to grams known as the Pharmaceutical Assist- tion, and extend my condolences to his family, board a flight bound for Tel Aviv, Israel, to ance to the Aged and Disabled program or friends, and loved ones. participate in the annual Hebrew Writers Con- PAAD and Senior Gold. After passage of the Senior Airman Miller, 24 years old, was born ference. Mr. Choudhury’s passport was Medicare Prescription Drug bill, the State of to Daniel Miller, Sr. of Galesburg and Robin seized, along with considerable sums of New Jersey made a decision to make bene- Mahnesmith of Wataga, IL. He was an active money and several personal items. On that ficiaries whole by providing a ‘‘wrap around’’ member in his church’s youth activities, en- same day, police raided his home and news- benefit to Medicare Part D. Therefore, PAAD joyed fishing and hunting with his friends, and paper, seizing files, computers, and other beneficiaries continue to pay only a $5 co-pay excelled as a student-athlete. He graduated valuables. per prescription with no deductible, regardless from ROWVA High School in Oneida, IL, in Since Bangladeshi law prohibits travel to of the terms of their particular Part D plan. 2001 where he also played varsity football. Israel, Mr. Choudhury was first cited for a Secondly, because PAAD maintains an open In 2004 Senior Airman Miller enlisted in the minor passport violation. He subsequently was formulary for its beneficiaries, medications not United States Air Force and completed basic charged with sedition, accused of espionage

VerDate Aug 31 2005 07:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.019 E16JAPT1 bajohnson on PROD1PC77 with REMARKS E116 CONGRESSIONAL RECORD — Extensions of Remarks January 16, 2007 as an Israeli spy, and incarcerated for 17 names and faces and her consistent concern Political realities explain why nothing has months. He was subjected to harsh interroga- for the needs of those who call or visit. In a been done about this. Changing course would tion techniques, and received no treatment for very real way, she has been the public face require substantial spending cuts from projected levels or equivalent tax increases. a debilitating case of glaucoma. for our Washington office for more than the Neither party wants to be the first to pro- Despite public pledges from senior past two decades. pose these tough choices out of fear that the Bangladeshi Government officials that all Madam Speaker, I hope that you and the other side would attack it. Similarly, nei- pending legal action against Mr. Choudhury rest of our colleagues will join me in wishing ther side wants to discuss possible com- would be dropped, the government pressed Loraine Kehl a very happy and fulfilling retire- promises of its own priorities, out of fear forward on its prosecution of Choudhury for ment. that the other side will take the concessions sedition. Mr. Choudhury won PEN USA’s f and run. Unfortunately, these fears are justi- ‘‘Freedom to Write Award,’’ and was pre- fied. PERSONAL EXPLANATION Since the regular legislative process seems sented with the American Jewish Committee’s incapable of dealing with the impending cri- prestigious ‘‘Moral Courage Award’’ in sis, some alternative has to be found. Presi- absentia in Washington, DC. Mr. Choudhury’s HON. SANDER M. LEVIN dent Bush has suggested a commission. Hav- newspaper offices were bombed by Islamic OF MICHIGAN ing served on many commissions, we under- extremists in July, and he was attacked by a IN THE HOUSE OF REPRESENTATIVES stand their potential value. We also under- mob in his office on October 5. Then a judge Tuesday, January 16, 2007 stand how they can go wrong. In our view, a new commission could be very useful, but with alleged ties to an Islamic extremist group Mr. LEVIN. Madam Speaker, last Friday, I ruled that Mr. Choudhury must stand trial for only if it recognizes fiscal and political reali- was unavoidably absent during rollcalls 22 and ties. It needs five elements to succeed. sedition. 23. Had I been present, I would have voted First, it has to be truly bipartisan. Any For his message of moderation and inter- ‘‘nay’’ on rollcall 22, the motion to recommit perception that the commission’s purpose is faith dialogue, Shoaib Choudhury is facing un- H.R. 4 with instructions. I would have voted to facilitate swift enactment of a partisan just criminal charges in an effort to silence ‘‘yea’’ on rollcall 23, final passage of H.R. 4, agenda would doom it to failure. It must him. Congress must send a clear message: have bipartisan co-chairs and equal represen- the Medicare Prescription Drug Price Negotia- tation. Doing otherwise in the current par- we cannot allow moderate voices in the Mus- tion Act of 2007. lim world to be silenced. tisan environment would be a waste of time The resolution I introduce today calls on the f and money. Second, it must have a broad mandate. Government of Bangladesh to drop all charges SUPPORT FOR THE SAFE While it is critical to control the growth of against Shoaib Choudhury, return his passport COMMISSION entitlements, particularly Medicare and So- and possessions, and end his harassment. I cial Security, the commission should exam- want to thank Congresswoman NITA LOWEY for HON. FRANK R. WOLF ine all aspects of fiscal policy. Third, all options must be on the table. If being the lead cosponsor of this legislation. I OF VIRGINIA either side sets conditions, the other won’t look forward to working with her and my other IN THE HOUSE OF REPRESENTATIVES colleagues on this important human rights ini- participate. Republicans cannot take tax in- Tuesday, January 16, 2007 creases off the table, and Democrats cannot tiative. take benefit reductions off the table. f Mr. WOLF. Madam Speaker, today I reintro- Fourth, the commission needs to engage duced legislation in the House of Representa- the public in a genuine dialogue about the IN RECOGNITION OF LORAINE tives aimed at addressing the looming finan- trade-offs inherent in realistic solutions. KEHL ON HER RETIREMENT cial crisis facing the Nation, the Securing When people are armed with the facts and FROM THE U.S. HOUSE OF REP- America’s Future Economy (SAFE) Commis- given the opportunity for honest dialogue, RESENTATIVES sion Act. The bill would establish a national bi- they are willing to set priorities and make hard choices. partisan commission that will put everything— Fifth, the commission’s recommendations HON. VERNON J. EHLERS entitlement spending as well as all other Fed- should be given an up-or-down vote in Con- OF MICHIGAN eral programs and our Nation’s tax policies— gress, allowing for amendments that would IN THE HOUSE OF REPRESENTATIVES on the table and require Congress to vote up not reduce the total savings. Absent that, Tuesday, January 16, 2007 or down on its recommendations in their en- the report would likely join many others on tirety, similar to the process set in 1988 to a shelf. Mr. EHLERS. Madam Speaker, I rise today close military bases. Mandating congressional Rep. Frank Wolf (R-Va.) and Sen. George to pay tribute to my longtime executive assist- action on the panel’s recommendations is Voinovich (R-Ohio) have put forward a proposal that satisfies most of these elements. ant and scheduler, Loraine Kehl, who is retir- what differentiates this commission from pre- ing on February 6 after 22 years of service to They would create a bipartisan commission vious ones. with a broad mandate to examine long-term this House of Representatives and the citizens Support for the bill is coming from both fiscal challenges. All policy options would be of the Third Congressional District of Michi- sides of the aisle. I submit for the RECORD an on the table. The commission would solicit gan, which I represent. op-ed by former Senators Bob Kerrey and input from the public and develop legislation Loraine was an original staff member dating Warren Rudman that ran in the Washington that Congress and the president would be re- back to when I took office on Dec. 7, 1993. Post, an op-ed by former Congressman Tim quired to act on. Its work would address four Prior to working for me, she served in her Penny that ran in the Washington Times, col- key concerns: the unsustainable gap between projected spending and revenue, the need to same capacities for my predecessor, the late umns by David Broder and Robert Samuelson, Paul Henry, throughout most of his tenure in increase national savings, the implications and editorials from the Dallas Morning News, of foreign ownership of U.S. government debt the House, dating back to 1985. Prior to work- and the Orlando Sentinel on the topic of enti- and the lack of emphasis on long-term plan- ing for Congressman Henry, she also worked tlement reform. ning in the budget process. briefly for the House Budget Committee. In her This legislation will be good for the future of A commission with these attributes could time with me, she has been my indispensable, America. give all parties the political cover they need right-hand person. She keeps me on sched- [From the Washington Post, Aug. 28, 2006] to tackle the tough choices and develop a bipartisan consensus for solutions. This would ule, makes sure all the bills are paid and the SECURING FUTURE FISCAL HEALTH trains run on time. Though it should go without be invaluable regardless of who controls Con- [By Bob Kerrey and Warren B. Rudman] gress or the White House. saying, she will be greatly and deeply missed. The economic and moral case for long- In the end, of course, elected representa- Given her 22 years of service to our district, term reform of fiscal policy is clear. Yet tives, not a commission, will have to make it is no surprise that she is well known and be- politicians refuse to act. If this stalemate the hard decisions. But a commission that loved among the people of Grand Rapids and persists, it could end in catastrophe. produced solutions with meaningful bipar- West Michigan and the many other people Over the next 30 years, spending on federal tisan support would provide a catalyst for who have done business with our office. She programs is on track to go up by 50 percent action. If Congress were required to vote on has been a fixture in our front office, greeting as a share of the economy. If revenues re- the commission’s recommendations, oppo- main at their historical level, the resulting old friends and newcomers alike, offering as- nents would be challenged to produce solu- deficits will approach 20 percent of gross do- tions of their own. sistance in getting White House tours and pro- mestic product by 2036—almost 10 times the Advocates of extending tax cuts would be viding advice for visitors to Washington. She is current size. The debt will surge to 200 per- challenged to say how they would restrain deeply appreciated by my constituents for her cent of GDP—twice what it was at the end of spending enough to avoid cascading debt helpful assistance, her impeccable memory for World War II. once the baby boomers begin to retire in

VerDate Aug 31 2005 07:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A16JA8.023 E16JAPT1 bajohnson on PROD1PC77 with REMARKS January 16, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E117 large numbers. Those who oppose reductions Unlike our patriot forbears, we do not have is that Bush will not allow his tax cuts to be in current entitlement promises would be to resort to extreme measures. But we do weighed along with any savings on the bene- challenged to say how they would fund those need an uprising of the American public de- fits side—at lease not before this November’s promises without squeezing out other prior- manding that our elected representatives do midterm election. ities or raising taxes to unacceptable levels their jobs. By e-mail, letters, phone calls or Enter Frank Wolf, known as ‘‘the con- that could damage the economy. speaking out at town meetings, we must science of the House,’’ because of his involve- The Wolf-Voinovich proposal has been make our voices heard. We must speak out ment in humanitarian causes here and over- greeted with silence or outright hostility. It for those who are too young to speak for seas. ‘‘The issue is not just economic, it’s deserves better. This is a serious proposal by themselves. moral,’’ he told me. ‘‘We have 11 grand- two leaders who regard the debt burden and When we speak out, we can specifically ask children, and I cannot square my generation draconian policy options we are leaving to legislators to join their colleague, Rep. laying off our debt on them.’’ future generations as a moral stain on our Frank Wolf, Virginia Republican, in spon- ‘‘I supported all the president’s tax cuts,’’ nation’s character. soring legislation to create a bipartisan enti- Wold said, ‘‘but I look down the road and I To be sure, their proposal has short- tlement commission. Mr. Wolf is a member see just a very bleak situation.’’ comings that must be corrected. Two im- of the appropriations committee, and under- Wolf will propose a bipartisan commission provements that are critical to the success stands that entitlement spending deserves that would hold hearings around the country of a commission are providing for bipartisan closer scrutiny than is provided in the cur- and report back in six to nine months on co-chairs and dividing the membership more rent budget process. He realizes that the dif- steps to deal with the long-term budget cri- evenly between parties than the current 9–6 ficult decisions required—if entitlement sis. His legislation, modeled on the proce- split in favor of Republican appointments. spending is to be brought under control—can dure now used for closing surplus military These problems are not minor technicalities, only be achieved through a bipartisan effort. bases, would require the House and Senate to but they could be fixed in negotiations with He also believes that all options must be on hold a vote on the commission proposal—but potential Democratic co-sponsors. the table. Finally, and most importantly, he Time is running out to enact reforms. Wolf allow each body and the president to submit sees that as a matter of morality and fair- an alternative that achieves at least as good and Voinovich have come up with a credible ness to future generations. way to get the process started. Any takers? a result. So, during the coming weeks as legislators Wolf’s hope is that the commission would wrap up their work in Washington and re- [From the Washington Times, Sept. 4, 2006] attract such figures as former representa- turn home to campaign, speak out for your TAXES AND SPENDING—SUPPORT WOLF’S BILL tives John Kasich, an Ohio Republican, and children and grandchildren. If, after hearing Charles Stenholmm a Texas democrat, or ON ENTITLEMENTS from us, our elected officials refuse to en- (By Timothy J. Penny) former Treasury secretaries Rubin and dorse Mr. Wolf’s reasonable approach, then, James A. Baker III. Every American is familiar with the story like the Boston Tea Party, we should throw His proposal meets most of the criteria set of the ‘‘Boston Tea Party.’’ In 1773 the Brit- them overboard this November. forth at last week’s panel by David Walker, ish parliament passed the Tea Act, which the head of the Government Accountability then inflamed the colonial issue of ‘‘taxation [From the Washington Post, May 21, 2006] Office, as critical to a successful commis- without representation.’’ In response to the BAILING THE FUTURE OUT OF DEBT sion. But Walker said presidential support ‘‘tea tax’’ dozens of courageous colonists who (By David S. Broder) and leadership are also vital to success. called themselves the ‘‘Sons of Liberty’’— Almost forgotten in the rush events these Wolf told me, ‘‘You’d hope the commission boarded three British ships and dumped 45 past four months is the proposal President members wouldn’t look at taxes first, but tons of tea into the Boston Harbor. Bush offered in the State of the Union ad- I have come to believe that we need a mod- they have to look at everything.’’ That was dress for a bipartisan commission to exam- ern day equivalent of the Boston Tea Party. emphatically the view of everyone on the ine the future of Medicare, Medicaid, Social Here is why I have arrived at this conclu- concord Coalition panel, including Walker, Security and other entitlement programs. sion: Our nation’s current fiscal policies are Stenholm, and two rather liberal econo- But that idea is due for a rebirth next mists, Isabel Sawhill and Maya MacGuineas, creating a mountain of debt that our grand- month—in the form of legislation to create children will be forced to repay through as well as Joseph Minarik of the business- such a commission. Its sponsor, Rep. Frank backed committee for Economic Develop- higher taxes. The unfunded promises we have Wolf, a veteran Republican from Virginia, is made to recipients of Social Security and ment. well aware of the hazards facing any such en- The most conservative panelist, Stuart Medicare and other entitlement programs terprise. But unlike the president, he is ex- will almost certainly lead to higher taxes on Butler of the Heritage Foundation, said that plicitly prepared to remove one giant road- he accepted the idea that revenue would today’s children and those yet to be born. In block by signaling that everything—includ- my view, that amounts to ‘‘taxation without have to be open to discussion for the Demo- ing taxes—would be on the table. crats to ‘‘buy in.’’ representation.’’ The need for such a bipartisan approach is The British parliament paid no heed to the But he proposed that conservatives could evident. As Charles Blahous, the White be mollified if the commission’s mandate in- American colonists because the Americans House aide who has been pursuing the com- had no vote or voice in the halls of govern- cluded an instruction that any changes in mission idea, told a Concord Coalition forum the tax code must help simplify the system ment. Similarly, today’s Congress seldom last week, Medicare and Medicaid are grow- considers the long-term consequences of its and increase economic growth. ‘‘That way, ing far faster than inflation and will con- it’s win-win,’’ he said. budget decisions because kids don’t vote. sume an ever-larger share of the budget as Part of the problem lies with the current The White House had scheduled a meeting the baby boomers reach retirement age, congressional budget process. On Capitol Hill for the president with some of the experts on starting in just a couple of years. Social Se- the bulk of time and attention each year is the Concord Coalition panel to walk through curity and veterans’ pensions are moving in devoted to the annual appropriations bills. the plans for such a commission. That ses- the same direction. sion was postponed, and it has not been re- While these bills—which fund defense and do- ‘‘We cannot wait until 2040,’’ when those scheduled. mestic programs—are important, they con- programs could crater, Blahous said. ‘‘And But if the president is interested—and if he stitute only about one-third of all the money we can’t just do incremental reform.’’ spent by the federal government. The other Bush took his first stab at fixing Social Se- is willing to put ‘‘everything on the table’’— two thirds of spending goes to so-called curity last year with a proposal to create the Wolf initiative could become his action- ‘‘mandatory’’ programs: interest on the debt private accounts, but it ran into a buzz saw forcing device. and entitlement programs, such as Social Se- of opposition led by AARP and congressional curity, Medicare and Medicaid. Though rep- Democrats and never came to a vote. [From the Washington Post, Jan. 10, 2007] resenting the vast majority of dollars spent The commission, idea seemed a safe fall- ENTITLED SELFISHNESS—BOOMER GENERATION every year, these ‘‘mandatory’’ spending pro- back when Bush floated it in January, but ISINASTATE OF DENIAL grams receive little—if any—debate on Cap- his overtures to Democrats were not accept- (By Robert J. Samuelson) itol Hill The expenditures are essentially ed. automatic. That is not right. House Minority Leader Nancy Pelosi pub- As someone born in late 1945, I say this to Why shouldn’t every dollar of expenditure licly ridiculed the idea, and former Treasury the 76 million or so subsequent baby boomers come under close review every year? More secretary Robert Rubin, approached person- and particularly to Bill Clinton and George attention must be paid to these mandatory ally by the president, said that the mandate W. Bush, our generation’s leading politi- programs because of their long-range costs. of the commission would have to be broad cians: Shame on us. We are trying to rob our Before long, Social Security and Medicare enough to include revenue before he would children and grandchildren, putting the alone will consume virtually all the taxes consider participating. country’s future at risk in the process. On paid by working Americans. It is not fair to Months later, the White House insists it is one of the great issues of our time, the social the next generation to saddle them with still seeking partners for the project, and a and economic costs of our retirement, we enormous costs for entitlement programs spokesman told me that, ‘‘there is no litmus have adopted a policy of selfish silence. and leave them no alternative except to re- test’’ for participants. As Congress reconvenes, pledges of ‘‘fiscal duce spending for other priorities or to pay But I have talked with many of the back- responsibility’’ abound. Let me boldly pre- ever higher taxes. stage players in this drama, and their sense dict: On retirement spending, this Congress

VerDate Aug 31 2005 07:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A16JA8.027 E16JAPT1 bajohnson on PROD1PC77 with REMARKS E118 CONGRESSIONAL RECORD — Extensions of Remarks January 16, 2007 will do nothing, just as previous Congresses creases spending, and though it could have It’s time Washington reaches out for help. have done nothing. Nancy Pelosi promises to been justified as part of a grand bargain that By the numbers: $9.6 trillion: The amount ‘‘build a better future for all of America’s reduced other benefits, its isolated enact- of debt Congress recently authorized the children.’’ If she were serious, she would ment was a political giveaway. Treasury to borrow (the limit was $6.4 tril- back cuts in Social Security and Medicare. The failure to communicate also impli- lion four summers ago); $2.8 trillion: The President Bush calls ‘‘entitlement spending’’ cates many pundits and think tanks, liberal likely 2007 federal budget; $399 billion: Next the central budget problem. If he were seri- and conservative. Pundits usually speak in year’s interest expense on the federal debt; ous, he, too, would propose cuts in Social Se- bland generalities. They support ‘‘fiscal re- $27,000: What every man, woman and child curity and Medicare. sponsibility’’ and ‘‘entitlement reform’’ and would owe to eliminate the federal debt; 37.4 They are not serious, because few Ameri- oppose big budget deficits. Less often do they percent: How much of the gross domestic cans—particularly prospective baby-boom say plainly that people need to work longer product the federal debt consumes. retirees—want them to be. There is a con- and that retirees need to lose some benefits. sensus against candor, because there is no Think tanks endlessly publish technical re- [From the Orlando Sentinel, June 12, 2006] constituency for candor. It’s no secret that ports on Social Security and Medicare, but GET ON WITH IT the 65-and-over population will double by most avoid the big issues. Are present bene- Our position: A panel on Medicare and 2030 (to almost 72 million, or 20 percent of fits justified? How big can government be- other issues would get needed talks started. the total population), but hardly anyone come before the resulting taxes or deficits Finally, someone in Congress has taken up wants to face the implications: harm the economy? President Bush’s call for a bipartisan com- By comparison, other budget issues, in- Opportunities for gradual change have mission on the looming financial crisis if no cluding the notorious earmarks, are trivial. been squandered. These public failings are changes are made to Medicare, Medicaid and In 2005, Social Security, Medicare and Med- also mirrored privately. I know many bright, Social Security. icaid (the main programs for the elderly) politically engaged boomers who can sum- Unchecked growth in the cost of these pro- cost $1.034 trillion, twice the amount of de- mon vast concern or outrage about global grams in coming decades will devastate the fense spending and more than two-fifths of warming, corporate corruption, foreign pol- economy by forcing some combination of the total federal budget. These programs are icy, budget deficits and much more—but huge tax increases, drastic spending cuts or projected to equal about three.quarters of somehow, their own Social Security and massive borrowing. the budget by 2030, if it remains constant as Medicare benefits rarely come up for discus- This past week, Republican Rep. Frank a share of national income. sion or criticism. Older boomers (say, those Wolf of Virginia proposed a panel aptly Preserving present retirement benefits born by 1955) are the most cynical, hoping named SAFE, to secure America’s future automatically imposes huge costs on the their benefits will be grandfathered in when economy. Its bipartisan experts would de- young—costs that are economically unsound inevitable cuts occur in the future. liver a package of recommendations to Con- and socially unjust. The tax increases re- Our children will not be so blind to this hy- gress for an up-or-down vote. quired by 2030 could hit 50 percent, if other pocrisy. We have managed to take successful Mr. Wolf says he is open to suggestions on spending is maintained as a share of national programs—Social Security and Medicare— his proposal. Members unwilling to support income. Or much of the rest of government and turn them into huge problems by our it have a moral obligation to come forward (from defense to national parks) would have self-centered inattention. Baby boomers with something they deem better. to be shut down or crippled. Or budget defi- seem eager to ‘‘reinvent retirement’’ in all f cits would balloon to quadruple today’s ways except those that might threaten their level. pocketbooks. INTRODUCTION OF THE VALERIE Social Security and Medicare benefits must be cut to keep down overall costs. Yes, PLAME WILSON COMPENSATION [From The Dallas Morning News, June 8, ACT some taxes will be raised and some other 2006] spending cut. But much of the adjustment DEEP IN THE BUDGET HOLE—BIPARTISAN should come from increasing eligibility ages PANEL COULD HELP COUNTRY DIG OUT HON. JAY INSLEE (ultimately to 70) and curbing payments to OF WASHINGTON wealthier retirees. Americans live longer and When you’re almost $10 trillion in the hole, are healthier. They can work longer and save you’ve got to call somebody, right? IN THE HOUSE OF REPRESENTATIVES more for retirement. Fortunately, GOP Rep. Frank Wolf has a Tuesday, January 16, 2007 Because I’ve written all this before, I can suggestion to deliver us from the gates of anticipate some of the furious responses budget hell. The Virginia legislator intro- Mr. INSLEE. Madam Speaker, I rise today from prospective retirees. First will be the duced legislation yesterday that would es- to bring to the attention of Congress one of ‘‘social compact’’ argument: We paid to sup- tablish a bipartisan commission charged the human impacts caused by the indiscretion port today’s retirees; tomorrow’s workers with presenting the choices required to bal- of government officials regarding the covert must pay to support us. Well, of course they ance the budget. identity of Central Intelligence Agency opera- will pay; the question is how much. The al- The panel would function like the commis- tive Valerie Plame Wilson. leged compact is entirely artificial, acknowl- sion that former Texas GOP Rep. Dick Armey launched to close down unnecessary As nearly every American knows, and as edged only by those who benefit from it. My most of the world has heard, the covert CIA three children (ages 16 to 21) didn’t endorse military bases. An independent group would it. Judging from the e-mail I receive, neither give Congress a budget package, which legis- identity of Valerie Plame Wilson was exposed did many 20- or 30-somethings. lators would vote up or down on unless the to the public as part of an Administration re- Next I’ll hear that the Social Security and House and Senate come up with better solu- sponse to a critical op-ed published in the Medicare trust funds, intended to cover fu- tions. New York Times by Mrs. Plame Wilson’s hus- ture benefits, have been ‘‘plundered.’’ Blame President Bush proposed a version of this band, Joe Wilson. Congress and the White House—not us. This approach earlier this year when he called for The national security ramifications for this a bipartisan commission to recommend how is pure fiction. act have been discussed thoroughly on this Social Security, Medicare and Medicaid Washington can control runaway spending are pay-as-you-go programs. Present taxes on Social Security, Medicare and other big floor, in the news media, and I am quite cer- pay present benefits. In 2005, 86 percent of guaranteed programs. tain behind CIA’s closed doors. Today I intend Social Security payroll taxes went to pay But Mr. Wolf understands that the budget to call my colleagues’ attention to the human current retiree benefits. True, excess taxes challenges are not all about spending. They toll that this ‘‘outing’’ has had on one, often had created a ‘‘surplus’’ in the Social Secu- also involve taxes and how much revenue the overlooked, individual. That person is Valerie rity trust fund (it hasn’t been ‘‘plundered’’) Treasury needs to pay for the services Amer- Plame Wilson. of $1.66 trillion in 2005; but that equaled less icans demand. While the media, Congress, and the judici- In an encouraging sign, White House eco- than four years’ worth of present benefits. ary have gone to great lengths to discuss the More important, Medicare and Medicaid rep- nomic adviser Allen Hubbard recently ac- resent three-quarters of the projected spend- knowledged that any bipartisan panel prob- impact of this unfortunate act on politicians, ing increase for retirees by 2030. ably would look at taxes. bureaucrats, agents in the field, and the sus- All the misinformation bespeaks political He wasn’t saying the White House is back- pected perpetrators of the outing, few have evasion. With his rhetorical skills, Clinton ing off its fondness for tax cuts, but it was a looked at the impact that the outing has had might have raised public understanding. In- Washington way of saying, ‘‘Let’s look at on Mrs. Plame Wilson and her family. stead, he lowered it by falsely denouncing the whole range of choices.’’ On July 14, 2003, Mrs. Plame Wilson’s pro- the Republicans for attempting to ‘‘destroy’’ We encourage North Texas representatives fessional life was forever altered, and her CIA Medicare. The first refuge of good Democrats to line up as sponsors of Mr. Wolf’s legisla- is to accuse the Republicans of conspiring tion and help get it through the House this career irrevocably ruined by the syndicated against old folks by trying to dismantle So- summer. (The delegation’s chief deficit fight- publication of a column, which revealed Mrs. cial Security and Medicare. And Bush’s er, GOP Rep. Jeb Hensarling of Dallas, told Plame Wilson’s identity as a covert CIA offi- credibility is shot, because he made the prob- us last week that he wants to look at the cer. Since this time, numerous reports on Mrs. lem worse. His Medicare drug benefit in- proposal.) Plame Wilson’s personal history have surfaced

VerDate Aug 31 2005 07:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.030 E16JAPT1 bajohnson on PROD1PC77 with REMARKS January 16, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E119 in the press, official government documents, Please let me know if I can be of any further nished a reputation as a powerful advocate for and by government officials. assistance. inclusion and expanding opportunity for all Following the initial outing in the media, Sincerely, people. He served as a volunteer member of ———. Mrs. Plame Wilson’s future as a covert CIA the Denver Housing Advisory Board for ap- operative ceased to exist and her career of f proximately ten years assisting the twenty-two two decades was destroyed. On January 9, TRIBUTE TO THE REVEREND thousand public housing residents in changing 2006, Mrs. Plame Wilson resigned from the JAMES D. PETERS the quality and image of public housing. CIA, recognizing that any future with the He served as a member of the Colorado Agency would not include any work for which Civil Rights Commission for nine years, serv- she had been highly trained. For these rea- HON. DIANA DeGETTE ing as its Chairman from 1987 to 1989, during sons, and under these distressing conditions, OF COLORADO which time he traveled throughout Colorado Mrs. Plame Wilson voluntarily resigned from IN THE HOUSE OF REPRESENTATIVES and held countless civil rights hearings to se- the Agency. Tuesday, January 16, 2007 cure justice and equality for all citizens, Despite Mrs. Plame Wilson’s 20 years of Reverend Peters has received service rec- federal service, she does not meet the min- Mr. DEGETTE. Madam Speaker, I rise to ognitions from numerous organizations includ- imum age requirement to receive her retire- honor the extraordinary life and exceptional ing the Southern Christian Leadership Con- ment annuity. She has been left without a ca- accomplishments of the Reverend James D. ference, Martin Luther King, Jr., the Anti-Defa- reer. Peters, Pastor of New Hope Baptist Church. mation League, the Denver Post and the I am introducing legislation to allow Mrs. This remarkable gentleman merits both our NAACP, He is also the recipient of the Carle Plame Wilson to qualify for her annuity, as recognition and esteem as his spiritual leader- Whitehead Award, the highest award given by one who has served her country for two dec- ship, service and lifelong devotion to civil the American Civil Liberties Union. ades, and waive the age requirement for col- rights have done much to advance the lives of Reverend James Peters is an unrelenting lecting it. To best demonstrate the annuity for our people. advocate for the causes that elevate the which Mrs. Plame Wilson may qualify if this While many have made notable contribu- human condition and his immeasurable con- legislation were to pass, I am submitting for tions to our community, few have left a legacy tributions to the spiritual life of our community the record a document sent to Mrs. Plame of progress as has Reverend Peters. He is a merit our gratitude. He has led in the struggle Wilson by the CIA. It outlines her deferred an- powerful champion of social justice and has for freedom, justice and equality for all people. nuity and testifies to 20 years of service. The led with those who fought for civil liberty and But Reverend Peters’ leadership goes to the document bears no indications of classified whose deeds changed the very fabric of our heart of what he means to be a leader. material as required by CIA procedures, and nation. Reverend Peters has touched count- ‘‘Nathalia Young, a pastor at New Hope Bap- was sent via regular postal mail after Mrs. less lives and he has built a ministry that joins tist Church. . . remembers how he helped Plame Wilson was no longer in the employ of faith with equality. He is a dynamic pastor homeless people himself, not delegating it to the CIA. Legal experts have assured me that whose teaching and counsel is infused with a a deacon. (He) would get into his own car, this is not a classified document. spiritual fervor that constantly edifies us and and use his own money to get someone a I believe that this is one small measure to moves us to do what is right. hotel room. And then there was a Christmas help send a message that we must stand up Reverend Peters’ journey began in Wash- season one year, when a woman and her chil- for public service officers, such as Mrs. Plame ington D.C., the son of a baseball player. He dren were suddenly homeless. ‘He didn’t just Wilson, who have been treated wrongly de- grew up poor but he grew up in church. He get her connected with housing but also sup- spite their loyalty and sacrifice to country. For was a gifted student and grew to recite Long- plied her with gifts and food.’’’ Reverend Pe- those who have been, for all practicable pur- fellow, Keats and Kipling. He worked full time ters leads by example. poses, pushed out of public service for rea- at the Navy Annex near the Pentagon and In a recent Denver Post article, Reverend sons unrelated to performance, but instead struggled to get an education, attending night Peters expressed ‘‘concern that young people seeded in politics, we should not turn our school for ten years. Reverend Peters recently don’t understand what it was like before the backs. noted that ‘‘I couldn’t eat in restaurants, I Civil Rights Act and that some believe King’s CENTRAL INTELLIGENCE AGENCY, couldn’t sleep at a hotel or go to the movies. message is now irrelevant.’’ At some level, I Washington, DC, February 10, 2006. I could never go to school with white children. think we all share his concern. But I would Mrs. VALERIE WILSON All the way through high school, I never sat in submit that Reverend Peters’ legacy provides DEAR MRS. WILSON, This letter is in re- a classroom with white people, not until I went sponse to your recent telephone conversation a powerful example that not only affirms Dr. to college.’’ Many of us in this country forget King’s undertaking, but inspires all of us to re- with regarding when you would be eligible to how far we’ve come. Although civil liberties receive your deferred annuity. Per federal member the struggle and keep faith with those statute, employees participating under the have deep roots in our republic, there was a who have gone before. Federal Employees Retirement System time when fundamental decency and equality Reverend Peters’ tenure as pastor of New (FERS) Special Category, who have acquired for all people were not a part of our shared Hope Baptist Church is quickly drawing to a a minimum of 20 years of service, are eligible experience. The courage and the work of Rev- close. His leadership has been exemplary and to receive their deferred annuity at their erend Peters during the dark days of the Civil his contributions are rich in consequence. On Minimum Retirement Age (MRA). Your MRA Rights Movement helped make fairness and behalf of the citizens of the 1st Congressional is age 56, at which time you’ll be eligible to equal rights part of our shared values. Rev- District of Colorado, I wish to express our grat- receive a deferred annuity. erend Peters was at the founding meeting of Your deferred annuity will be based on the itude and look forward to his continued in- regular FERS computation rate, one percent the Southern Christian Leadership Conference volvement in the life of our community. for every year of service vice the FERS Spe- and he worked directly with Dr. Martin Luther Please join me in paying tribute to Reverend cial rate of 1.7% for every year of service. King, Jr. He faced guns and dogs during the James D. Peters, a distinguished spiritual and You will receive 1.7% for each year of over- marches and civil rights demonstrations in Al- civic leader. The values, leadership and com- seas service, prorated on a monthly basis, bany, Georgia, in Selma and in Birmingham, mitment he exhibits set the mark and compel after January 1, 1987 in the calculation of Alabama. He was part of the March on Wash- us to continue the work that distinguishes us your annuity. Our records show that since ington that led to the steps of the Lincoln Me- as Americans. January 1, 1987, you have acquired 6 years, 1 morial where Dr. King gave his unparalleled ‘‘I month and 29 days of overseas service. f Following is a list of your federal service: Have a Dream’’ speech. Dates of Service: CIA, CIA (LWOP), CIA Reverend Peters’ work ethic and his service OPPORTUNITY KNOCKS IN (P/T 40), from 11/9/1985 to 1/9/2006—total 20 to the Civil Rights Movement molded a life of TURKMENISTAN: IS ANYONE LIS- years, 7 days. enduring accomplishment and a vocation that TENING? Based on the above service and your res- included ministering to congregations in Con- ignation on January 9, 2006, your estimated necticut and Virginia. He became pastor of HON. JANICE D. SCHAKOWSKY deferred annuity is $21,541.00 per year, or Denver’s New Hope Baptist Church in Feb- $1795 per month, beginning at age 56. OF ILLINOIS The above figures are estimates for your ruary of 1979 and during his twenty-eight year IN THE HOUSE OF REPRESENTATIVES tenure, he led his congregation through con- planning purposes. The Office of Personnel Tuesday, January 16, 2007 Management, as the final adjudicator of struction of a new church home and the ex- creditable service and annuity computa- pansion of services for an ever growing con- Ms. SCHAKOWSKY. Madam Speaker, the tions, determines final annuity amounts. gregation. As a spiritual leader, he has bur- Administration’s crusade to spread democracy

VerDate Aug 31 2005 07:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.033 E16JAPT1 bajohnson on PROD1PC77 with REMARKS E120 CONGRESSIONAL RECORD — Extensions of Remarks January 16, 2007 to the Middle East has been a major dis- ceeds from the sale of the country’s enor- the plate. To do otherwise would waste a his- appointment, but opportunity is knocking near- mous natural gas resources in personal ac- toric opportunity and allow yet another case by in Central Asia and we should be taking counts in Western banks. He used this money of popular discontent with an illegitimate to fuel his outlandish personality cult, build- government to become an anti-Western lost advantage of it. But there isn’t much time. ing opulent palaces and golden statues of cause. The opportunity for positive change was cre- himself even as his people were deprived of f ated by the death late last month of basic necessities and suffer one of the world’s Turkmenistan’s despotic dictator, President lowest life expectancy rates. The West’s in- THE GENETIC INFORMATION Saparmurat Niyazov, whose role model was difference was striking compared with the NONDISCRIMINATION ACT Josef Stalin. The urgency for the United relentless criticism by the United States and States to act is created by those who want to the European Union against the more benign regime of Alexander Lukashenko, president HON. LOUISE M. SLAUGHTER follow in his footsteps. OF NEW YORK The Turkmen people deserve the right to of gas-poor Belarus. With Niyazov gone, the West has a historic IN THE HOUSE OF REPRESENTATIVES elect their leaders in free and fair elections. second chance to help our country make a That seems highly unlikely because of the peaceful transition to democracy. Tuesday, January 16, 2007 junta that has tried to consolidate power in the Turkmenistan’s interim rulers have unfortu- Ms. SLAUGHTER. Madam Speaker, it is aftermath of Niyazov’s sudden demise. Con- nately pledged to continue Niyazov’s policies with great pride today that I reintroduce the sisting of the remaining holdouts from (even ordering new statues of him), and their Genetic Information Nondiscrimination Act. I Niyazov’s government and controlled by his efforts to grab power amount to a coup have championed this bill for nearly 12 years, d’e´tat. The former health minister—under former bodyguards, the junta leaders have the de facto control of Niyazov’s Presidential and I am hopeful that this will be the year that pledged to continue the ‘‘dear leader’s’’ style Guard—has arrested the speaker of Par- it is finally enacted into law. of ‘‘democracy,’’ ordering yet another statue of liament, who constitutionally is next in the We all watched with excitement when the him to be built. line of succession. He has sealed the coun- first phase of the Human Genome project was The constitution has been re-written to allow try’s borders and, using other unconstitu- successfully completed in April 2003, as sci- the junta’s candidate to run in the presidential tional measures, has set the stage for his entists finished sequencing the human ge- elections—scheduled for February 11—vir- own unchallenged victory in presidential nome. As a result of this breakthrough, sci- tually unchallenged. The regime’s most com- elections scheduled for Feb. 11. The United States must send a clear mes- entists have now identified genetic markers for petent opponents—the exiled community of sage to Niyazov’s holdouts in the ‘‘interim a variety of chronic health conditions, thereby business leaders and intellectuals—have ef- government’’ in Ashgabat: that they will not increasing the potential for early treatment and fectively been prevented from contesting the have its support unless they agree to hold prevention of numerous diseases. elections. free and fair elections—ones that allow all Genetic issues are insinuating themselves For too long the United States has ignored citizens of Turkmenistan, including exiled into not only health care decisions, but into Niyazov’s abuses and we continue to fail to opposition leaders and political prisoners, to many other facets of Americans’ lives. For ex- articulate our official position regarding rela- take part. ample, under a program called Dor Yeshorim, tions with the ‘‘interim government.’’ I call on We know that the United States has tried to help the people of Turkmenistan in recent Hasidic youth take a battery of genetic tests to the Secretary of State to condemn the junta’s years, and thanks to American educational determine whether they are carriers for any of unconstitutional actions and demand that it exchange programs, there is a thriving com- 10 serious genetic disorders. Young men and allow its opponents to participate in the Feb- munity of bright Turkmen students and in- women who are both carriers for a given dis- ruary 11 election. Until that happens, the tellectuals who are living in Western coun- order are discouraged from courting each United States must refuse to recognize the tries and are ready to return and help re- other, based on the fact that there would be government in Ashgabat as legitimate, and build their country. This community is a 25 percent chance that their children would order federal agencies, including Treasury, largely held together by the efforts of be born with a genetic disorder. State and Justice, to block all of its banking Khudaiberdy Orazov, a former chairman of Today, there are over 15,500 recognized the National Bank and an accomplished and activities. energetic leader who was forced into exile genetic disorders, affecting 13 million Ameri- Nurmuhammet Hanamov, the founding several years ago. He was unanimously nom- cans. Yet, each of us possesses some poten- chairman of the Republican Party of inated to be a candidate in the February tially lethal genes. And despite the scientific Turkmenistan who was his country’s former presidential elections by a broad coalition of advances that are helping people prevent ambassador to Turkey and Israel, has written opposition groups inside and outside of these diseases or diagnose them early, those an incisive article in the Washington Post call- Turkmenistan. According to a recent poll, who partake ofthis innovative technology being on the West to take advantage of Orazov’s candidacy would have the support come potential victims of genetic discrimina- Niyazov’s passing to help lead his country to- of a majority of Turkmen voters. Until tion. This legislation works to eliminate that ward Democracy. A leader of the prodemoc- Orazov and other opposition candidates are allowed to contest the February elections, potential. racy movement, Mr. Hanamov was forced into the United States and the European Union In the past, some have called this legislation exile and his two sons were assassinated in must refrain from recognizing the junta in ‘‘a solution in search of a problem’’ and sug- 2005 in retaliation for his outspoken opposition Ashgabat and freeze all personal accounts of gest that genetic discrimination is rare, if it to the regime. I ask that his article be included Niyazov and his cronies abroad. We hope even happens at all. Unfortunately this is not in the CONGRESSIONAL RECORD so that all may that members of Congress and other govern- the case. Despite the fact that these tests are read the heartfelt plea of this courageous indi- ment officials will visit Turkmenistan soon potentially life-saving, many Americans have vidual. to personally deliver that message. We must rebuild our country, and with the not taken advantage of this technology be- [From the Washington Post, Jan. 3, 2007] help of our friends and neighbors we can do cause they fear discrimination by insurance A NEW BEGINNING FOR TURKMENISTAN it in an open and transparent way. Priorities companies and their employers. (By Nurmuhammet Hanamov) for a democratically elected government And these fears are not unfounded. Last week Turkmenistan buried its brutal during the initial post-Niyazov reconstruc- Throughout the 1970s, many African Ameri- dictator, Saparmurad Niyazov. His ruthless tion must be to release all political pris- cans were denied jobs, educational opportuni- reign spanned two decades, during which oners, conduct open tenders and allow West- ties, and insurance based on their carrier sta- time his policies became increasingly irra- ern companies to bid for a stake in devel- tus for sickle cell anemia, despite the fact that tional and unpredictable. The long list of oping Turkmenistan’s oil and gas fields; to a carrier lacked the two copies of a mutation Niyazov’s crimes against our people includes: consider new ways of getting our gas and oil banning all political parties except his own to Western markets; to restore private prop- necessary to get sick. In 1998, Lawrence and jailing his opponents; preventing thou- erty that Niyazov confiscated from Turkmen Livermore Laboratories in Berkeley was found sands of ‘‘disloyal’’ citizens from traveling citizens; and to create a reconstruction fund to have been performing tests for syphilis, abroad; persecuting religious and ethnic mi- using Niyazov’s personal bank accounts and pregnancy, and sickle cell on employees with- norities; outlawing opera; and shutting down proceeds from the sale of oil and gas to re- out their knowledge or consent for years. In regional hospitals, firing thousands of doc- vive the health-care and education systems. 2000, the Burlington Northern Santa Fe Rail- tors and nurses. Under Niyazov, The United States is spending billions of road performed genetic tests on employees dollars trying to turn Afghanistan and Iraq— Turkmenistan became a corridor for heroin without their knowledge or consent. trafficking from Afghanistan to the West both deep in the throes of civil war—into and gained for itself one of the highest her- democratic nations while all but abandoning These abuses have only fed the public fear oin addiction rates in the world. their peaceful post-Soviet neighbors to the of genetic discrimination. Much to the det- Above all, Niyazov was a selfish and north. Turkmenistan is ready for a new be- riment of America’s public health and the fu- kleptocratic despot, stashing billions in pro- ginning, and the West must finally step up to ture benefits of scientific research, this fear

VerDate Aug 31 2005 07:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.038 E16JAPT1 bajohnson on PROD1PC77 with REMARKS January 16, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E121 has led many individuals to decide against Fears about privacy do not just resonate and family members. The American people having genetic tests or participating in genetic with the public. Health care professionals are desperately want protections against genetic research. also hesitant to make their genetic information discrimination guaranteed under federal law A study conducted from 2001 to 2003, sur- available. In one survey of genetic counselors, and the Genetic Information Nondiscrimination veyed 86,859 adults about their willingness to 108 out of 159 indicated that they would not Act provides these protections. undergo genetic testing. The results, published submit charges for a genetic test to their insur- This bill has broad support from the health in June 2005, revealed that 40 percent of par- ance companies primarily because of the fear community. The Coalition for Genetic Fairness ticipants surveyed felt genetic testing was not of discrimination. Twenty-five percent re- which consists of 141 organizations has been a good idea for fear that health insurance sponded that they would use an alias to obtain outspoken in their support for GINA. Here in companies might deny or drop them from their a genetic test so as to reduce the risk of dis- the House, along with my colleagues Ms. insurance plan. crimination and maximize confidentiality. And, BIGGERT, Ms. ESHOO, and Mr. WALDEN, we are The Genetics and Public Policy Center at 60 percent indicated they would not share the joined by over 135 original cosponsors. The Johns Hopkins University conducted similar information with a colleague, because of the Senate has passed it twice, and even the surveys. In 2002, 85 percent of those sur- need for privacy and fear of job discrimination. White House has come out in support of this veyed did not want employers to have access Clearly, fear of discrimination plays a signifi- bill. to their genetic information. By 2004, that cant role in a person’s decisions about wheth- number had risen to 92 percent. In 2002, 68 er to take a genetic test; whether to do it GINA provides the protections from genetic percent of those surveyed said their genetic under one’s own name; paying out of pocket discrimination that Americans want and would information should be kept private from health versus seeking insurance reimbursement; and allow genetic research to move forward in this insurers; by 2004, it had increased to 80 per- with whom the information would be shared, country so we can all live healthier lives. cent. including health care providers, coworkers, I urge its quick passage.

VerDate Aug 31 2005 07:59 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.042 E16JAPT1 bajohnson on PROD1PC77 with REMARKS Tuesday, January 16, 2007 Daily Digest Senate DeMint Amendment No. 12 (to Amendment No. Chamber Action 3), to clarify that earmarks added to a conference re- Routine Proceedings, pages S529–S629 port that are not considered by the Senate or the Measures Introduced: Sixteen bills and one resolu- House of Representatives are out of scope. Page S550 tion were introduced, as follows: S. 294–309, and S. DeMint Amendment No. 14 (to Amendment No. Res. 30. Pages S578–79 3), to protect individuals from having their money involuntarily collected and used for lobbying by a Ethics Bill: Senate resumed consideration of S. 1, to labor organization. Page S550 provide greater transparency in the legislative proc- Vitter/Inhofe Further Modified Amendment No. 9 ess, taking action on the following amendments pro- (to Amendment No. 3), to prohibit Members from posed thereto: Pages S550–71 having official contact with any spouse of a Member Adopted: who is a registered lobbyist. Page S550 Feinstein/Rockefeller Amendment No. 70 (to Leahy/Pryor Amendment No. 2 (to Amendment Amendment No. 3), to prohibit an earmark from No. 3), to give investigators and prosecutors the being included in the classified portion of a report tools they need to combat public corruption. accompanying a measure unless the measure includes Page S550 a general program description, funding level, and the Gregg Amendment No. 17 (to Amendment No. name of the sponsor of that earmark. Page S556 3), to establish a legislative line item veto. Page S550 By a unanimous vote of 98 yeas (Vote No. 10), Ensign Amendment No. 24 (to Amendment No. Durbin Modified Amendment No. 44 (to Amend- 3), to provide for better transparency and enhanced ment No. 11), to strengthen earmark reform. congressional oversight of spending by clarifying the Pages S567–68 treatment of matter not committed to the conferees By a unanimous vote of 98 yeas (Vote No. 11), by either House. Page S550 DeMint Amendment No. 11 (to Amendment No. Ensign Modified Amendment No. 25 (to Amend- 3), to strengthen the earmark reform, as amended. ment No. 3), to ensure full funding for the Depart- Pages S567–68 ment of Defense within the regular appropriations Withdrawn: process, to limit the reliance of the Department of Feingold Amendment No. 32 (to Amendment Defense on supplemental appropriations bills, and to No. 3), to increase the cooling off period for senior improve the integrity of the congressional budget staff to 2 years and to prohibit former Members of process. Page S550 Congress from engaging in lobbying activities in ad- Cornyn Amendment No. 26 (to Amendment No. dition to lobbying contacts during their cooling off 3), to require full separate disclosure of any earmarks period. Page S558 in any bill, joint resolution, report, conference report Reid (for Feingold/Obama) Amendment No. 54 or statement of managers. Page S550 (to Amendment No. 3), to prohibit lobbyists and Cornyn Amendment No. 27 (to Amendment No. entities that retain or employ lobbyists from throw- 3), to require 3 calendar days notice in the Senate ing lavish parties honoring Members at party con- before proceeding to any matter. Page S550 ventions. Page S558 Bennett (for McCain) Amendment No. 28 (to Pending: Amendment No. 3), to provide congressional trans- Reid Amendment No. 3, in the nature of a sub- parency. Page S550 stitute. Page S550 Bennett (for McCain) Amendment No. 29 (to Reid Modified Amendment No. 4 (to Amend- Amendment No. 3), to provide congressional trans- ment No. 3), to strengthen the gift and travel bans. parency. Page S551 (As modified, the amendment incorporates the provi- Lieberman Amendment No. 30 (to Amendment sions of Bennett (for McCain) Amendment No. 19.) No. 3), to establish a Senate Office of Public Integ- Pages S550, S569 rity. Pages S551, S560–62 D44

VerDate Aug 31 2005 05:39 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JA7.REC D16JAPT1 jcorcoran on PROD1PC62 with DIGEST January 16, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D45 Bennett/McConnell Amendment No. 20 (to Nelson (NE) Amendment No. 47 (to Amendment Amendment No. 3), to strike a provision relating to No. 3), to help encourage fiscal responsibility in the paid efforts to stimulate grassroots lobbying. earmarking process. Page S551 Page S551 Reid (for Lieberman) Amendment No. 43 (to Thune Amendment No. 37 (to Amendment No. Amendment No. 3), to require disclosure of earmark 3), to require any recipient of a Federal award to dis- lobbying by lobbyists. Page S551 close all lobbying and political advocacy. Page S551 Reid (for Casey) Amendment No. 56 (to Amend- Feinstein/Rockefeller Amendment No. 42 (to ment No. 3), to eliminate the K Street Project by Amendment No. 3), to prohibit an earmark from prohibiting the wrongful influencing of a private en- being included in the classified portion of a report tity’s employment decisions or practices in exchange accompanying a measure unless the measure includes for political access or favors. Pages S551, S559–60 a general program description, funding level, and the Sanders Amendment No. 57 (to Amendment No. name of the sponsor of that earmark. Page S551 3), to require a report by the Commission to Feingold Amendment No. 31 (to Amendment Strengthen Confidence in Congress regarding polit- No. 3), to prohibit former Members of Congress ical contributions before and after the enactment of from engaging in lobbying activities in addition to certain laws. Pages S552–54 lobbying contacts during their cooling off period. Bennett (for Coburn) Amendment No. 59 (to Page S551 Amendment No. 3), to provide disclosure of lobbyist Feingold Amendment No. 33 (to Amendment gifts and travel instead of banning them as proposed. No. 3), to prohibit former Members who are lobby- Pages S554–56 ists from using gym and parking privileges made Bennett (for Coleman) Amendment No. 39 (to available to Members and former Members. Amendment No. 3), to require that a publicly avail- Page S551 able website be established in Congress to allow the Feingold Amendment No. 34 (to Amendment public access to records of reported congressional of- No. 3), to require Senate campaigns to file their FEC ficial travel. Pages S554–56 reports electronically. Page S551 Feingold Amendment No. 63 (to Amendment Durbin Amendment No. 36 (to Amendment No. No. 3), to increase the cooling off period for senior 3), to require that amendments and motions to re- staff to 2 years and to prohibit former Members of commit with instructions be copied and provided by Congress from engaging in lobbying activities in ad- the clerk to the desks of the Majority Leader and the dition to lobbying contacts during their cooling off Minority Leader before being debated. Page S551 period. Pages S556–57 Cornyn Amendment No. 45 (to Amendment No. Feingold Amendment No. 64 (to Amendment 3), to require 72 hour public availability of legisla- No. 3), to prohibit lobbyists and entities that retain tive matters before consideration. Page S551 or employ lobbyists from throwing lavish parties Cornyn Amendment No. 46 (to Amendment No. honoring Members at party conventions. 2), to deter public corruption. Page S551 Pages S556–57 Bond (for Coburn) Amendment No. 48 (to Feingold/Obama Amendment No. 76 (to Amend- Amendment No. 3), to require all recipients of Fed- ment No. 3), to clarify certain aspects of the lobbyist eral earmarks, grants, subgrants, and contracts to contribution reporting provision. Pages S556–57 disclose amounts spent on lobbying and a descrip- Feingold Amendment No. 65 (to Amendment tion of all lobbying activities. Page S551 No. 4), to prohibit lobbyists and entities that retain Bond (for Coburn) Amendment No. 49 (to or employ lobbyists from throwing lavish parties Amendment No. 3), to require all congressional ear- honoring Members at party conventions. Page S558 mark requests to be submitted to the appropriate Bennett (for Lott) Amendment No. 78 (to Senate committee on a standardized form. Page S551 Amendment No. 4), to only allow official and offi- Bond (for Coburn) Amendment No. 50 (to cially related travel to be paid for by appropriated Amendment No. 3), to provide disclosure of lobbyist funds. Page S559 gifts and travel instead of banning them as proposed. Bennett (for Lott) Amendment No. 79 (to Page S551 Amendment No. 4), to only allow official and offi- Bond (for Coburn) Amendment No. 51 (to cially related travel to be paid for by appropriated Amendment No. 3), to prohibit Members from re- funds. Page S559 questing earmarks that may financially benefit that Bennett Modified Amendment No. 81 (to Member or immediate family member of that Mem- Amendment No. 4), to permit travel hosted by ber. Page S551 preapproved 501(c)(3) organizations. Page S559

VerDate Aug 31 2005 05:39 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JA7.REC D16JAPT1 jcorcoran on PROD1PC62 with DIGEST D46 CONGRESSIONAL RECORD — DAILY DIGEST January 16, 2007 Obama/Feingold Amendment No. 41 (to Amend- Norman Randy Smith, of Idaho, to be United ment No. 3), to require lobbyists to disclose the can- States Circuit Judge for the Ninth Circuit, which didates, leadership PACs, or political parties for was sent to the Senate on January 9, 2007. Page S629 whom they collect or arrange contributions, and the Measures Placed on the Calendar: Page S573 aggregate amount of the contributions collected or arranged. Pages S565–66 Petitions and Memorials: Pages S575–78 Nelson (NE)/Salazar Amendment No. 71 (to Executive Communications: Pages S573–75 Amendment No. 3), to extend the laws and rules Additional Cosponsors: Page S579 passed in this bill to the executive and judicial branches of government. Statements on Introduced Bills/Resolutions: During consideration of this measure today, the Pages S579–S612 following action, also occurred: Amendments Submitted: Pages S612–27 By 95 yeas to 2 nays (Vote No. 12), three-fifths Notices of Hearings/Meetings: Page S628 of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the motion Authorities for Committees to Meet: Page S628 to close further debate on the Reid Modified Record Votes: Three record votes were taken today. Amendment No. 4 (listed above). Pages S566–67, S569 (Total—12) Pages S568, S569 A unanimous-consent agreement was reached providing for further consideration of the bill at ap- Adjournment: Senate convened at 10 a.m., and ad- proximately 11 a.m., on Wednesday, January 17, journed at 7:11 p.m., until 10 a.m., on Wednesday, 2007; and that notwithstanding the provisions of January 17, 2006. (For Senate’s program, see the re- Rule XXII, all time during the adjournment of the marks of the Acting Majority Leader in today’s Senate and the recess from 12:30 p.m. to 2:15 p.m., Record on page S629.) on Wednesday, January 17, 2007, count against post-cloture time. Page S628 Committee Meetings Appointments: John F. Kennedy Center for the Performing (Committees not listed did not meet) Arts: The Chair, on behalf of the President of the Senate, pursuant to Public Law 85–874, as amended, WORKING FAMILIES appointed the following individual to the Board of Committee on Health, Education, Labor, and Pensions: Trustees of the John F. Kennedy Center for the Per- Committee concluded a hearing to examine eco- forming Arts: Senator Feinstein. Page S628 nomic opportunity and security for working families Nominations Received: Senate received the fol- and America’s middle-class, after receiving testimony lowing nominations: from Eileen Appelbaum, Rutgers, State University of Norman Randy Smith, of Idaho, to be United New Jersey Center for Women and Work, New States Circuit Judge for the Ninth Circuit. Brunswick; Jacob S. Hacker, Yale University, New Rosa Emilia Rodriguez-Velez, of Puerto Rico, to Haven, Connecticut; James A. Forbes, Jr., Riverside be United States Attorney for the District of Puerto Church, New York, New York; and Anna R. Cablik, Rico for the term of four years. Anatek, Inc., Marietta, Georgia. John Wood, of Missouri, to be United States At- torney for the Western District of Missouri for the IRAQI REFUGEES term of four years. Committee on the Judiciary: Committee concluded a Michael David Credo, of Louisiana, to be United hearing to examine the plight of Iraqi refugees, in- States Marshal for the Eastern District of Louisiana ternally displaced persons (IDPs), and non-Iraqi refu- for the term of four years. gees inside Iraq, after receiving testimony from Ellen Robert Gideon Howard, Jr., of Arkansas, to be Sauerbrey, Assistant Secretary of State, Bureau of United States Marshal for the Eastern District of Ar- Population, Refugees, and Migration; Captain kansas for the term of four years. Zachary J. Iscol, USMC, Foreign Military Training 5 Army nominations in the rank of general. Unit, Marine Forces Special Operations Command; 11 Marine Corps nominations in the rank of gen- Lisa Ramaci-Vincent, Steven Vincent Foundation, eral. New York, New York; Kenneth H. Bacon, Refugees 1 Navy nomination in the rank of admiral. International, and Michel Gabaudan, Office of the A routine list in the Marine Corps. Page S629 United Nations High Commissioner for Refugees, Nomination Withdrawn: Senate received notifica- both of Washington, D.C.; and certain protected tion of withdrawal of the following nomination: witnesses.

VerDate Aug 31 2005 05:39 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JA7.REC D16JAPT1 jcorcoran on PROD1PC62 with DIGEST January 16, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D47 House of Representatives Commending the University of Florida Gators Chamber Action for their victory in the 2006 Bowl Championship Public Bills and Resolutions Introduced: 28 pub- Series (BCS) and for winning the national college lic bills, H.R. 472–498, 500; 2 private bills, H.R. football championship: H. Res. 39, amended, to 499, 501; and 5 resolutions, H.J. Res. 15; H. Con. commend the University of Florida Gators for their Res. 33; and H. Res. 64, 67–68 were introduced. victory in the 2006 Bowl Championship Series (BCS) Pages H571–72 and for winning the national college football cham- Additional Cosponsors: Pages H572–73 pionship, by a 2/3 Yea and Nay vote of 414 yeas to 1 nay, with 3 voting ‘‘present,’’ Roll No. 25; and Reports Filed: Reports were filed today as follows: Pages H538–40, H543–44 H. Res. 65, providing for consideration of H.R. 5, to amend the Higher Education Act of 1965 to re- Commending the Boise State University Broncos duce interest rates for student borrowers (H. Rept. football team for winning the 2007 Fiesta Bowl 110–1); and and completing an undefeated season: H. Res. 43, H. Res. 66, providing for consideration of H.R. 6, to commend the Boise State University Broncos foot- to reduce our Nation’s dependency on foreign oil by ball team for winning the 2007 Fiesta Bowl and investing in clean, renewable, and alternative energy completing an undefeated season by a 2/3 Yea and resources, promoting new emerging energy tech- Nay vote of 415 yeas with none voting ‘‘nay,’’ and nologies, developing greater efficiency, and creating 2 voting ‘‘present,’’ Roll No. 26. Pages H540–42, H544 a Strategic Energy Efficiency and Renewables Re- Suspension—Proceedings Postponed: The House serve to invest in alternative energy (H. Rept. completed debate on the following measure under 110–2). Pages H560, H571 suspension of the rules. Further proceedings were postponed until tomorrow, Wednesday, January 17. Speaker: Read a letter from the Speaker wherein she appointed Representative Ruppersberger to act as Honoring the Mare Island Original 21ers for Speaker Pro Tempore for today. Page H517 their efforts to remedy racial discrimination in employment at Mare Island Naval Shipyard: H. Recess: The House recessed at 12:38 p.m. and re- Con. Res. 31, to honor the Mare Island Original convened at 2 p.m. Pages H517–18 21ers for their efforts to remedy racial discrimination Suspensions: The House agreed to suspend the rules in employment at Mare Island Naval Shipyard. and pass the following measures: Pages H536–38 Observing the Birthday of Martin Luther King, Recess: The House recessed at 4:07 p.m. and recon- Jr: H. Res. 61, to observe the Birthday of Martin vened at 6:30 p.m. Page H542 Luther King, Jr., and to encourage the people of the Quorum Calls—Votes: Three Yea and Nay votes United States to observe the Birthday of Martin Lu- developed during the proceedings of today and ap- ther King, Jr., and the life and legacy of Dr. Martin pear on pages H542–43, H543–44, and H544. Luther King, Jr., by a 2/3 Yea and Nay vote of 418 There were no quorum calls. yeas with none voting ‘‘nay,’’ Roll No. 24; Pages H519–32, H542–43 Adjournment: The House met at 12:30 p.m. and adjourned at 11:15 p.m. Providing a new effective date for the applicability of certain provisions of law to Public Law 105–331: H.R. 188, to provide a new effective date Committee Meetings for the applicability of certain provisions of law to COMMITTEE ORGANIZATION; OVERSIGHT Public Law 105–331; Pages H532–34 PLAN Authorizing the Secretary of Housing and Committee on Appropriations: Met for organizational Urban Development to continue to insure, and to purposes. enter into commitments to insure, home equity The Committee approved an Oversight Plan for conversion mortgages under section 255 of the Na- the 110th Congress. tional Housing Act: H.R. 391, to authorize the Sec- retary of Housing and Urban Development to con- IRAQ/AFGHANISTAN—U.S. FORCE tinue to insure, and to enter into commitments to PROTECTION insure, home equity conversion mortgages under sec- Committee on Armed Services: Subcommittee on tion 255 of the National Housing Act; Pages H534–36 Seapower and Expeditionary Forces held a hearing on

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Marine Corps force protection equipment for Oper- to a time designated by the Speaker. Testimony was ation Iraqi Freedom and Operation Enduring Free- heard from Chairman Rahall and Representatives dom. Testimony was heard from the following offi- Nunes, Bartlett of Maryland and Biggert. cials of the U.S. Marine Corps: BG Randolph D. f Alles, USMC, Commanding General, Marine Corps Warfighting Laboratory; and BG Michael M. Bro- NEW PUBLIC LAWS gan, USMC, Commanding General, Marine Corps Systems Command. (For last listing of Public Laws, see DAILY DIGEST, p. D35) H.R. 482, to provide for a land exchange involv- THE COLLEGE STUDENT RELIEF ACT OF ing Federal lands in the Lincoln National Forest in 2007 the State of New Mexico. Signed on January 12, Committee on Rules: Granted, by a vote of 8 to 4, a 2007. (Public Law 109–474) closed rule providing 3 hours of general debate on H.R. 1245, to provide for programs to increase H.R. 5, to amend the Higher Education Act of 1965 the awareness and knowledge of women and health to reduce interest rates for student borrowers, in the care providers with respect to gynecologic cancers. House equally divided and controlled by the chair- Signed on January 12, 2007. (Public Law 109–475) man and ranking minority member of the Com- H.R. 4709, to amend title 18, United States mittee on Education and Labor. The rule waives all Code, to strengthen protections for law enforcement points of order against the bill and against its con- officers and the public by providing criminal pen- sideration except for clause 9 and 10 of Rule XXI. alties for the fraudulent acquisition or unauthorized The rule provides one motion to recommit with or disclosure of phone records. Signed on January 12, without instructions. Finally, the rule provides that 2007. (Public Law 109–476) the Chair may postpone further consideration of the H.R. 4997, to extend for 2 years the authority to bill to a time designated by the Speaker. Testimony grant waivers of the foreign country residence re- was heard from Chairman Miller of California and quirement with respect to certain international med- Representatives McKeon and Keller. ical graduates. Signed on January 12, 2007. (Public CREATING LONG-TERM ENERGY Law 109–477) ALTERNATIVES FOR THE NATION (CLEAN) H.R. 5483, to increase the disability earning limi- ACT tation under the Railroad Retirement Act and to index the amount of allowable earnings consistent Committee on Rules: Granted, by a vote of 8 to 4, a with increases in the substantial gainful activity dol- closed rule providing 3 hours of general debate on lar amount under the Social Security Act. Signed on H.R. 6, to reduce our Nation’s dependency on for- January 12, 2007. (Public Law 109–478) eign oil by investing in clean, renewable, and alter- H.R. 5946, to amend the Magnuson-Stevens Fish- native energy resources, promoting new emerging ery Conservation and Management Act to authorize energy technologies, developing greater efficiency, activities to promote improved monitoring and com- and creating a Strategic Energy Efficiency and Re- pliance for high seas fisheries, or fisheries governed newables Reserve to invest in alternative energy, and by international fishery management agreements. for other purposes, in the House with 60 minutes Signed on January 12, 2007. (Public Law 109–479) equally divided and controlled by the chairman and ranking minority member of the Committee on H.R. 5948, to reauthorize the Belarus Democracy Ways and Means, 60 minutes equally divided and Act of 2004. Signed on January 12, 2007. (Public controlled by the chairman and ranking minority Law 109–480) member of the Committee on Natural Resources, 30 H.R. 6338, to amend title 18, United States minutes equally divided and controlled by the chair- Code, to prevent and repress the misuse of the Red man and ranking minority member of the Com- Crescent distinctive emblem and the Third Protocol mittee on Agriculture, and 30 minutes equally di- (Red Crystal) distinctive emblem. Signed on January vided and controlled by the chairman and ranking 12, 2007. (Public Law 109–481) minority member of the Committee on Science and f Technology. The rule waives all points of order against the bill and against its consideration except COMMITTEE MEETINGS FOR WEDNESDAY, for clause 9 and 10 or Rule XXI. The rule provides JANUARY 17, 2007 one motion to recommit with or without instruc- (Committee meetings are open unless otherwise indicated) tions. The rule also provides that during consideration of H.R. 6 pursuant to this resolution, notwith- Senate standing the operation of the previous question, the Committee on Agriculture, Nutrition, and Forestry: to hold Chair may postpone further consideration of the bill hearings to examine conservation security program and

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environmental quality incentives program relating to egy relating to securing America’s interests in Iraq, 9:30 working land conservation, 9:30 a.m., SR–328A. a.m., SH–216. Committee on Armed Services: Subcommittee on Readiness Committee on the Judiciary: to hold hearings to examine and Management Support, to hold hearings to examine paying off generics to prevent competition with brand practices in Department of Defense contracting for serv- name drugs, 10 a.m., SD–226. ices and inter-agency contracting, 2:30 p.m., SR–232A. Select Committee on Intelligence: to hold closed hearings to Committee on Commerce, Science, and Transportation: to examine intelligence matters, 2:30 p.m., SH–219. hold hearings to examine aviation security, focusing on House the recommendations of the 9/11 Commission, 10 a.m., SR–253. Committee on Appropriations, Subcommittee on Defense, Committee on Environment and Public Works: organiza- executive, on Army and Marine Corps Readiness, 10 a.m., tional business meeting to consider committee’s rules of and, executive, on Army and Marine Operations and procedure for the 110th Congress, 9:45 a.m., SD–406. Equipment Reconstitution, 1:30 p.m., H–140 Capitol. Committee on Finance: organizational business meeting to Committee on Armed Services, hearing on alternative per- consider an original resolution authorizing expenditures spectives on the President’s strategy for Iraq, 1 p.m., for committee operations, committee’s rules of procedure 2118 Rayburn. for the 110th Congress, and subcommittee assignments; Committee on Foreign Affairs, oversight hearing on Iraq, 10 a.m., 2172 Rayburn. committee will also consider The Small Business and Committee on Transportation and Infrastructure, to meet Work Opportunity Act of 2007, 10 a.m., SD–215. for organizational purposes, 10:30 a.m., 2167 Rayburn. Committee on Foreign Relations: to hold hearings to exam- Committee on Ways and Means, to meet for organiza- ine the remaining options and regional diplomatic strat- tional purposes, 2 p.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, January 17 10 a.m. Wednesday, January 17

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of the following morning business (not to extend beyond 60 minutes), suspensions: H. Res. 62—Congratulating the Grand Val- Senate will continue consideration of S.1, Ethics Bill. ley State University Lakers for winning the 2006 NCAA (Senate will recess from 12:30 p.m. until 2:15 p.m. for their Division II Football National Championship; H.R. 434— respective party conferences.) Short Term Extension of the Small Business Administra- tion; H. Res. 58—To honor Muhammad Ali, global humanitarian, on the occasion of his 65th birthday and to extend best wishes to him and his family; and H.R. 57— To repeal certain sections of the Act of May 26, 1936, pertaining to the Virgin Islands. Consideration of H.R. 5—To amend the Higher Education Act of 1965 to reduce interest rates for student borrowers.

Extensions of Remarks, as inserted in this issue

HOUSE Edwards, Chet, Tex., E111, E113 Kirk, Mark Steven, Ill., E116 Ehlers, Vernon J., Mich., E117 Levin, Sander M., Mich., E117 Andrews, Robert E., N.J., E116 Emanuel, Rahm, Ill., E113 Lynch, Stephen F., Mass., E114 Bordallo, Madeleine Z., Guam, E110 Gerlach, Jim, Pa., E109 Moran, James P., Va., E116 Burgess, Michael C., Tex., E113, E113 Green, Al, Tex., E110 Pearce, Stevan, N.M., E114 Crenshaw, Ander, Fla., E114 Hare, Phil, Ill., E116 Schakowsky, Janice D., Ill., E120 Davis, David, Tenn., E115 Herseth, Stephanie, S.D., E115 Slaughter, Louise McIntosh, N.Y., E121 Davis, Tom, Va., E115 Higgins, Brian, N.Y., E113 Stark, Fortney Pete, Calif., E110 DeGette, Diana, Colo., E120 Inslee, Jay, Wash., E119 Wolf, Frank R., Va., E117

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