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

SENATE—Monday, March 26, 2007

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

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

7571 VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00003 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7572 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 in Iraq and Afghanistan, that tells U.S. this emergency spending bill that only going foul, to say the least. That is generals how to do their jobs, and guarantees our troops will have to wait what this is all about—farm aid assist- which pulls out of thin air a date for for the help they need and the support ance. Willie Nelson could sing for evacuating U.S. troops from Iraq. they deserve. weeks about the need for this assist- It was meant to send a message to Mr. President, I yield the floor. ance to take place in the West. I am the Commander in Chief, but its only The ACTING PRESIDENT pro tem- not an expert on wheat, corn, rice, and real effect is to delay the delivery of pore. The majority leader. all those other products—a lot of peo- urgent material support to our troops. f ple here are—but I am about range- The President has said he will veto any lands and what has happened to Ne- EMERGENCY SUPPLEMENTAL legislation that includes a surrender vada. APPROPRIATIONS date and which substitutes the judg- The bill contains critical money, as I ment of politicians in Washington for Mr. REID. Mr. President, the first 3 have indicated, for our troops. We need the judgment of commanders in the months of the 110th Congress have been to get the money to them as quickly as field. Those who voted for the House very productive. We have shown the we can. Our troops are serving under spending bill on Friday, therefore, American people that when Democrats difficult conditions. The Senate will knew it had no chance of being ap- and Republicans work together results ensure they have everything they need proved. It was an empty promise to the flow. It is interesting, when that hap- to continue this fight as we have done. troops. pens, there are a lot of positives that Our support, though, for the troops The Constitution gives Members of can be said by both parties. When we does not stop at funding. We must also Congress a concrete way of expressing don’t accomplish something, there is a ensure our soldiers have a strategy for their opposition to a war, and that is to lot of criticism that is shared by both success. The Democratic-controlled vote against funding it. But House parties. Congress is listening to the American Democrats are trying to have it both This productive work began in Janu- people and fighting to give our troops ways: They call their bill a statement ary when we passed the ethics bill, the what they need and strategy—strategy against the very war it continues to most sweeping reform in the history of worthy of their sacrifices. That is why fund, a promise of support for the our country. Next we worked to raise in addition to the much needed changes troops that has no chance of being the minimum wage for the first time in for our troops, the bill also contains a signed. a decade. After minimum wage, we fin- strong message for President Bush: Who loses out in this strange cal- ished the fiscal work of the last Con- Change course in Iraq. culus? American soldiers and marines gress, the 109th Congress, by passing a My friend, the distinguished Repub- deployed in Afghanistan and Iraq and responsible continuing resolution with lican leader, criticized what is in this their worried families here at home are no earmarks. Then we went to home- bill that will be reported to the floor the losers. land security and ensured that 5 years shortly, saying it is not good for the The Secretary of Defense said as after 9/11, all the recommendations of troops. David Brooks, the very conserv- much last week. He said delaying the the 9/11 Commission will be imple- ative editorial writer for the New York approval of funds would slow the train- mented. Last week, we passed a bal- Times, said last Friday on the ‘‘Jim ing of units already headed into Iraq anced budget which includes over $180 Lehrer NewsHour’’: This is ridiculous and reduce the funds available for re- billion in tax breaks for middle-class for anyone to criticize a democracy for pairs to buildings and equipment. He families and says in the future, if you debating the most important issue of said it would force the Army to con- are going to lower taxes, if you are the day, the war in Iraq. The very con- sider cutting funds for renovations to going to increase spending, you have to servative David Brooks said this is barracks and cut off repairs to equip- have some way to pay for it. Ethics, what democracies are all about. The ment that is needed to support troop minimum wage, the continuing resolu- troops over there know this is good. deployment training. tion, the 9/11 recommendations and the I have my BlackBerry on my hip. The House brushed these concerns budget—it is a record of which all of us Someone BlackBerried his friend, one aside to express a point of view. But can be proud. But, of course, we have of my staff members, who is a full colo- troops who have been sent into battle so much more to do. From stem cell to nel in the Army National Guard out in with assurances of support got another immigration to energy, there are chal- Nevada. He keeps in touch with his message: Don’t count on it from us. lenges ahead, and this week the Senate friends. He said what happened in the Some have said the Senate version of will turn its attention to the most House and what we put in our bill is the war spending bill is more palatable. pressing challenge of them all—the de- good for the troops—this is a soldier e- They say this because its date for with- bacle of Iraq. mailing my friend from Iraq—because drawal is only a goal. They think that Today we begin consideration of the it lets the Iraqi Government know we by retaining this provision, they will 2007 supplemental appropriations bill. are serious. He went on to say the eventually force Republicans to accept This legislation includes more than deadline is important for the Iraqi peo- the notion that battlefield com- $121 billion. The vast majority—90 per- ple and the soldiers, and the Iraqi peo- manders should be tied to arbitrary cent of it—is for the wars in Iraq and ple know that. timelines. Believe me, they are wrong. Afghanistan. It is also for enhancing Secretary Gates, when asked about The week before last, we prevented military readiness generally, for im- this timeline, provisions in the bill re- legislation that would have told our proving veterans health care—and cer- lating to Iraq, said it doesn’t affect the enemies the date on which we will give tainly in the wake of Walter Reed and troops adversely at all. up. A majority in the Senate showed it other scandals regarding how veterans Certainly the troops know we care won’t approve a bill that shares our are being taken care of, this is cer- about them. We give them everything battle plan with the enemy or which tainly something that is necessary—for they need. But last week, we entered tells soldiers and commanders how to national priorities such as rebuilding the fifth year of this war. Think about do their jobs. the gulf coast and homeland security that, the fifth year of this war, and We won’t let timelines be used as the and I mention, Mr. President, drought there is no end in sight, I am sorry to toll booth for getting aid to the troops, assistance, farm disaster. say. The news this morning, when I and we need to send the President a In the western part of the United first got up, was five more soldiers bill that doesn’t include them so he can States, because of this global climate were killed yesterday, 238 this year sign it without delay. I urge my col- change, we have had millions—I am alone. March 26, 238 dead Americans, leagues to put an end to this unfortu- speaking directly—millions, not thou- just like the boy Raul Bravo, from nate and misguided effort to set an ar- sands, but millions—of acres burned, Elco, NV. I talked to his mother—237 bitrary date upon which to withdraw and unless we figure out some way to just like that young man. Three thou- from Iraq and to strip language from restore that vegetation, that land is sand two hundred forty-one so far in

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00004 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7573 this war—dead Americans—25,000 Mr. KENNEDY. Mr. President, I wish The ACTING PRESIDENT pro tem- wounded. One hospital in Texas has to thank our leader for his comments pore. Without objection, it is so or- handled 250 amputations. There are about the progress that has been made dered. 2,000 double amputees as a result of in the Senate on issues that affect the Mr. HATCH. Mr. President, I listened this war. working middle-class families of this with interest to the remarks of the dis- The war continues to move in the country and also for his responses on tinguished Senator from Massachu- wrong direction and yet—instead of the issue of the war in Iraq, where setts. I do, myself, feel a great sense of digging us out of the hole it created in there should be an opportunity, as we pleasure and comfort in what has tran- Iraq—instead of stopping this down- focus on the particular amendment, to spired today with regard to Ireland, ward spiral of destruction—instead of get into that in greater detail. But I and I wanted to say so. taking the fight to the terrorists who thank him for his very worthwhile f attacked us on September 11—this comments this afternoon. THE EMPLOYEE FREE CHOICE ACT White House wants us to keep doing f more of the same in Iraq. Mr. HATCH. Mr. President, on March In January, President Bush said he NORTHERN IRELAND PEACE 1, the other body passed the horribly would escalate the conflict and send PROCESS misnamed ‘‘Employee Free Choice 21,500 new troops for a few months. Of Mr. KENNEDY. Mr. President, the Act,’’ H.R. 800, and we may soon be course, we were misled on that. We now leaders of Northern Ireland took an- called upon to consider that bill or a know the number is around 30,000, and other giant step toward lasting peace similar Senate counterpart. The bill they will be there indefinitely, and the earlier today when Sinn Fein and the was steamrolled through the House of President has said he might ask for Democratic Unionist Party reached a Representatives in less than a month more troops. There is no short-term landmark agreement to share power in from its introduction, with only a sin- surge, as the President has described. a joint administration to be estab- gle day of subcommittee hearings, at It is more of the same. The President is lished on May 8. The agreement gives which only one expert witness critical placing troops in the middle of an Iraqi hope to all who have worked so long of the bill was permitted to testify. It sectarian civil war. More military solu- and so hard to bring unionists and na- was considered in the House with only tions to a problem that General tionalists together in government on a limited amendments allowed to be of- Petraeus, our top commander in Iraq, permanent basis. fered. Obviously, it is incumbent on us has said can only be solved politically. Prime Minister Ahern of Ireland and to make certain the Senate takes the Our commander on the ground in Iraq Prime Minister Blair of Britain have opportunity for fuller debate on a has said that only 20 percent of it can been strong allies for peace. John measure of such wide impact. be won militarily. That is not good Hume and many others have been he- The chairman of the Health, Edu- enough for me. We need to find a new roes along the way. But the indispen- cation, Labor, and Pensions Committee way forward. sable persons in this historic agree- has scheduled a hearing tomorrow, If the President will not listen to the ment today are Gerry Adams, the lead- where we will undoubtedly hear how generals, if he will not listen to the er of Sinn Fein, and Ian Paisley, the ‘‘unfair’’ the current unionization sys- American people, who have spoken for leader of the Democratic Unionist tem is and how it must be amended to a new direction, then perhaps he will Party. In reaching this agreement, allow for greater unionization. I am listen to us, Congress, when we send they have acted to strengthen democ- sure we will have a full and robust de- him a supplemental bill that acknowl- racy and create a future of peace and bate in this body. But as we kick off edges reality in Iraq. We must find a stability for the future of that troubled this debate over whether to deny pri- new way forward. The President can land. vate ballots to workers who wish to swagger all he wants, but we have 3,241 Today, the people of Northern Ire- unionize, it is my hope we will be able dead Americans. land salute them both for reaching this to at least hold fast and true to the The Iraq measure in this bill changes new day, and the world congratulates facts. There should be a full debate on the mission of U.S. troops from polic- them as well. We know it was not an these facts. ing a civil war to counterterror, train- easy step to take. Their past disagree- There is ample evidence to indicate ing, and force protection. It rejects the ments have been intense and deep. The that we should be wary of amending notion that this war can be won mili- challenges they have faced often the National Labor Relations Act, the tarily, and it sets a goal of redeploying seemed irreconcilable, and the scars of NLRA, in a way that would upset the our troops by March 2008. It includes a the past have often seemed impossible balance in national labor policy be- requirement for a political, diplomatic, to heal. Compromises have been dif- tween labor and management and em- and economic strategy to be imple- ficult and painful to achieve. But with ployer and employee. We must not rely mented in conjunction with the rede- this agreement, Sinn Fein and the DUP on slogans, anecdotal stories, and ques- ployment. have finally taken the essential step of tionable secretly commissioned and se- The Iraq language is based on a sim- looking forward together—not back- lective statistics about alleged unfair ple premise: Iraq can be won only po- ward—and have agreed at long last to labor practices. litically. In short, it offers a respon- work with one another for the future of The NLRA and its attendant volumes sible strategy in Iraq that the Amer- Northern Ireland. of reported decisions and case prece- ican people asked for last November 7— The eyes of the world will be on them dent by the National Labor Relations a strategy that will enhance our coun- on May 8. All who care about lasting Board is an extremely complicated, try’s ability to wage war on terror. peace and stability look forward to the interwoven area of law. Amending it in Contrary to what President Bush be- permanent restoration of the Northern the way the sponsors of H.R. 800 envi- lieves, the key to success in Iraq is not Ireland Government at that time. In a sion could rip a gaping hole in the pre- escalating the conflict by adding tens world where political resolution often cise weave of this complex fabric and of thousands of additional troops to is elusive, these leaders deserve enor- have a dramatic impact with many un- trod down the same dangerous road. It mous credit for giving us hope. intended consequences. is to find a new way forward. I suggest the absence of a quorum. It must also be considered that I urge my colleagues to support this The ACTING PRESIDENT pro tem- amending the NLRA will not only af- supplemental. After 4 years of war, our pore. The clerk will call the roll. fect the welfare of unions, but it will troops deserve a strategy to help them The bill clerk proceeded to call the also have a negative overall impact on complete the mission so they can come roll. workers, employers—especially small home. Mr. HATCH. Mr. President, I ask employers—and on the economy and The ACTING PRESIDENT pro tem- unanimous consent that the order for America’s ability to be competitive in pore. The Senator from Massachusetts. the quorum call be rescinded. a global economy.

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00005 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7574 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 So let us begin the discussion of the Finally, the bill would impose new However, this bill attempts to increase bill. The Employee Free Choice Act is antiemployer penalties. These include union strength through an artificial, designed to increase union member- prioritizing NLRB investigations of un- union-controlled ‘‘card check’’ certifi- ship, which currently stands at 7.4 per- fair labor practice charges alleged to cation procedure which tosses away the cent of the private sector workforce. have been committed by an employer traditional NLRB-supervised private The bill would accomplish that during an organizing campaign and ballot election. through an artificial, union-controlled possibly pursuing injunctive remedial Where is the problem we are trying ‘‘card check’’ certification procedure in action in Federal Court. to fix? This bill would replace the place of the traditional NLRB-super- The proposal also provides for liq- time-honored, NLRB-protected private vised private ballot election or, as uidated damages in the amount of two ballot election, the traditional system some have called it, a secret ballot times any back pay found due and under which workers decide whether to election. owing and subjects an employer to a be represented or not represented by a In fact, the bill would radically upset civil penalty not to exceed $20,000 per union. Instead, the system would be the balance in labor and management violation of the NLRA. As this chart supplanted with the mandated ‘‘card and employer-employee relations by shows, the proponents of the so-called check’’ procedure, where union orga- amending the National Labor Rela- Employee Free Choice Act are asking nizers can pressure employees to sign tions Act in three ways: the American worker to accept the de- union authorization cards which are First, the bill would mandate union nial of access to complete information then presented to the NLRB for certifi- representation without a private ballot about the union, the denial of a private cation of the union as the exclusive election among employees. The so- ballot vote, the inability to decertify a collective bargaining representative of called Employee Free Choice Act man- union for at least 28 months after it is all of the employees. initially certified, the denial of the dates that the NLRB certify a union as It is important for us to consider the exclusive collective bargaining rep- right to strike for a better deal after binding arbitration, potentially the de- that the U.S. Supreme Court has re- resentative of employees when the peatedly denounced union authoriza- union has demonstrated that a major- nial of an employee’s opportunity to vote on a contract, and the denial of tion cards as being ‘‘inherently unreli- ity of the employees, 50 percent plus 1, able’’ because of the types of peer pres- have signed union authorization knowing if a union is organizing at their place of work. sures, some subtle and some not so sub- cards—or, in other words, the ‘‘card tle or benign, to sign the cards. In its check’’ system without a private ballot Let us look at that again. The effect of the Employee Free Choice Act dis- 1969 Gissel Packing decision, the Court election among employees. acknowledged that the use of author- Not only would this deny employees solves workers’ rights to access to complete information about the union, ization cards to determine majority the right of private, NLRB-protected support is unreliable and that private ballot elections on the question of ini- to vote in secret, to decertify the union for at least 28 months, to strike for a ballot elections are the ‘‘most satisfac- tial union representation, but through tory—indeed the preferred method of operation of the NLRB’s current ‘‘cer- better deal—takes that away from them—to vote on a contract—takes ascertaining whether a union has ma- tification bar’’ doctrine, it would pre- jority support.’’ vent employees from challenging the that away from them—and to know if union’s majority status through a de- union organizing is taking place. It Unions, likewise, prefer a NLRB-pro- certification election for the certifi- takes their rights away as workers. tected and supervised private ballot This deceptively named bill has little cation year. election, at least when they are faced to do with employee free choice. In Secondly, the bill would guarantee with a decertification petition from fact, it would take away an employee’s union contracts where the Government their members to determine whether right to choose union representation would impose the wages, the terms, the union has majority support. That through private ballot elections—some and conditions of employment for 2 was demonstrated once again last say ‘‘secret ballot’’ elections—some- years if the parties fail to agree after month by union opposition to a pro- thing the unions have always fought 90 days of bargaining and 30 days of posed amendment to apply the ‘‘card for but now are going to throw away in mediation. That is because the so- check’’ provisions of the so-called Em- their desire to unionize at all costs. In- called Employee Free Choice Act re- ployee Free Choice Act to decertifica- deed, it has everything to do with guar- quires compulsory, binding arbitration tion elections. That amendment was anteeing union organizing to increase defeated in the House committee’s of initial union contracts. union membership, at a time when Specifically, under the so-called Em- markup. unions represent a steadily declining ployee Free Choice Act, an employer As one court stated with regard to percentage of America’s private sector must begin bargaining within 10 days ‘‘card check’’ authorization: workforce. of the union’s demand. Thereafter, if As you can see clearly from this It would be difficult to imagine a more un- the union and the employer cannot chart, since the modern-day union reliable method of ascertaining the real reach an agreement within 90 days, the wishes of employees than a ‘‘card check’’ un- movement in 1935, when you evaluate less it were an employer’s request for an contract terms must be submitted to their percentage of the overall work- the Federal Mediation and Conciliation open show of hands. The one is no more reli- force, unions have had good years, up able than the other. Service for a 30-day period of medi- in here, and they have had many bad That is in the NLRB v. Logan Pack- ation. If the FMCS is unable to medi- years. ate an agreement between the parties, As that chart clearly demonstrates, ing Company of the Fourth Circuit. then it must refer the initial contract under the current system of NLRB It is hard to believe we are seriously to an FMCS arbitration panel with the overseeing private ballot elections in considering a bill to deny workers a authority to issue a decision that is recent years, unions have lost member- private ballot vote so soon after the binding on the employer and union for ship. national elections. It is also incon- a 2-year period. Currently, I must underscore, union sistent with our Nation’s history of Added to current law, the effect membership stands at 7.4 percent of the promoting private ballot elections for would be to deny employees the oppor- private sector workforce. Proponents the disenfranchised members of society tunity to approve, or ratify, the terms of the Employee Free Choice Act seek through the suffragette and civil rights of the contract. They would be pre- to turn back time when it comes to the movements, especially when we are vented by the NLRB’s ‘‘contract bar’’ percentage of the American workforce fighting for the opportunity of individ- from initiating a private ballot decerti- that is unionized and that they want to uals around the world to have the fication election challenging the be unionized. democratic right to a private ballot union’s continuing majority status for I have no inherent problem with a election that is free of intimidation the 2-year term of the contract. fairly considered, fairly elected union. and coercion.

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00006 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7575 I am reminded of a statement made Look at that chart again. ‘‘Union (See exhibit 1.) on January 31 of this year by my long- Win Rates in Elections.’’ The NLRB-su- Mr. HATCH. Mr. President, I assert time friend and colleague from Massa- pervised election, in 2000, the unions that this is the start of another his- chusetts on the need for fair elections: won 51 percent; in 2001, the unions won toric Senate debate on national labor For too long, we’ve ignored the festering 54 percent; in 2002, they won 56 percent; policy. It is unfortunate that I have to problem of deceptive practices intended to in 2003, they won 57 percent; in 2004, be involved in this because I was raised intimidate and deceive voters in our na- they won 57 percent; in 2005, they won in the union movement. I am one of the tional elections. . . .’’ 61 percent; and in 2006, they won 61 per- few people who have served in Congress Although I am not able to say this cent. very often, I can say that I am in abso- Where ‘‘card check’’ elections have who actually earned a union card, who lute agreement with my friend on that been held—because the employers have actually became a skilled building point. In every election, whether it is agreed to them, I guess, because they tradesman, who worked in the building for President, local dog catcher, or are certainly not law yet; that is why construction trade unions for 10 years. union organization, we as representa- they are bringing this up—80–85 per- I believe unions are important, but I tives of the people whom we serve have cent have become unionized even believe they should have to earn their an obligation to ensure our constitu- though 49 percent of the people in membership and not have it given to ents’ votes will be cast without fear of those companies have had nothing to them. intimidation. say about it. It is not right. It is not In conclusion, as we enter this de- I assert—and I think many also the way to go. would back this up—that a private bal- bate, let us not be fooled by the misin- Unions would be guaranteed first formation from the other side. lot election overseen by the NLRB, a contracts for a period of 2 years under Government agency, has a better this bill. Take a look at this chart. They claim chance to be more free and fair than Looking at the big picture, what employers coerce employees to vote no. one in which it is left to the union or- would the so-called Employee Free The truth is that in less than 2 percent ganizers to solicit cards in secret until Choice Act mean for our economy? Let of cases is it found that an employer they receive a majority of 50 plus 1. me read from a recent article written has inappropriately interfered in a What happens to the other 49%? Are by Jack and Suzy Welch in the March union organizing election. they just disenfranchised? The answer 12 issue of BusinessWeek magazine. They claim unions can’t win elec- is yes. Jack Welch is one of the alltime impor- Under the ‘‘card check’’ system, tions under the current system. The tant business leaders in this country. truth is that unions won 62 percent of there is no inducement to allow em- Here is what they had to say: ployees to make an informed decision, NLRB elections in 2005, the last year We know it must sound strange to oppose for which a complete set of statistics learn all the facts, and hear arguments legislation that promises something as for and against unionization. motherhood-y as ‘‘free choice.’’ But the title exists. It is difficult for me to believe we of this bill is pure propaganda. It won’t en- They claim American workers want would be considering a bill which courage liberty or self-determination in the to form unions using a ‘‘card check’’ would mandate that the Government workplace; more likely it will introduce in- system. The truth is that, according to impose wages, terms, and conditions of timidation and coercion by labor organizers, employment where the parties, new to who, after a long slide into near-oblivion, fi- a recent poll, 79 percent of Americans collective bargaining, have not reached nally see a glorious new route to millions of disagree with the elimination of pri- agreement after 90 days. This would de- dues-paying members. Their campaign could vate ballots when voting in union orga- stroy free collective bargaining and the trigger a surge in unionization across U.S. nizing elections. industry—and in time, a reversion to the entire labor law concept of ‘‘impasse’’ bloated economy that brought America to The President has issued a State- when the parties are unable to agree. its knees in the late 1970s and early ’80s and ment of Administration Policy that he Under the so-called Employee Free that today cripples much of European busi- would veto the so-called Employee Choice Act, for first contracts, ‘‘im- ness. If you want to be reminded of what Free Choice Act if it reached his desk. passe’’ would be defined as 90 days of that looks like, drive through Pennsylva- That should not make us complacent bargaining before the Government nia’s Lehigh Valley, as we did last weekend, in the Senate. Even if a veto were nec- steps in. Even basic labor law text- and take a look at all the shuttered fac- tories. Steel—like coal, autos, and so many essary, Senate passage of a bill like books term compulsory binding arbi- that which was passed by the House tration as the ‘‘antithesis of collective other industries in the global economy—paid the inevitable price of unionization run would put us on record in future Con- bargaining.’’ amok. gresses as being against private ballot These are radical changes in collec- . . . The advance of the Employee Free elections for workers in union rep- tive bargaining which have little to do Choice Act continues unabated. And so pret- with employee free choice. In fact, ty soon, if enough business leaders and legis- resentation decisions, in support of these amendments would disenfran- lators don’t stand up, it may well be: Hello Government-imposed wages, benefits, chise workers by denying them private again, unions. So long, American competi- and other terms and conditions of em- ballot elections and a vote on whether tiveness. The change will not happen in- ployment through union contracts to accept wages, terms, and conditions stantly. Companies will fight unions as if where workers themselves will be de- their lives depend on it, because they do. But the Government arbitration panel nied a ratification vote. Is that where given the logistics of the Employee Free we want to be a year or two from now? would impose on them. Choice Act, any management campaign is Who would benefit from the passage hobbled. If you can’t be at the kitchen table I, for one, do not believe we as a nation of the so-called Employee Free Choice with the organizers and their hard stares, should head in that direction, and I Act? I can tell you. Only unions. They you probably can’t win. urge my colleagues to resist any at- would be virtually guaranteed orga- He sums it up: tempt to force unionization on the nizing success, increased union mem- In those areas where employers have American workforce. bership, and more union dues. agreed to a ‘‘card check,’’ they have invari- To paraphrase the movie ‘‘The God- As you can see from this chart, over ably become unionized and many employees father,’’ I believe union bosses have the past 6 years, unions traditionally unionized against their will with the obliga- made the American workforce a deal win approximately 50 to 60 percent of tion of paying dues. they can refuse. We must oppose any NLRB-supervised private ballot elec- Mr. President, I ask unanimous con- attempt to pass any iteration of the tions. In contrast, it is reported that sent that the full article be printed in Employee Free Choice Act, and we ‘‘card check’’ elections yield unions the RECORD. success approximately 80 to 85 percent The ACTING PRESIDENT pro tem- must do it on behalf of the American of the time. Who would benefit? I can pore. Without objection, it is so or- worker. tell you. Only unions. dered. Mr. President, I yield the floor.

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00007 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7576 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 EXHIBIT 1 The organizers sit around the kitchen table troops. I believe there is a long-term [From BusinessWeek, Mar. 12, 2007] and make their case, likely with a lot of pas- desire for us to make sure what we do sion. Then they slide a card in front of the THE UNEMPLOYMENT ACT is establish stability in the Middle employee with a pen. Who would say no? East. (By Jack and Suzy Welch) Who could? Are you at all concerned about American Now, union supporters will tell you that I believe all of us want to make sure competitiveness in the future? they won’t intimidate employees for votes, we are doing everything we can do to —Srikanth Raghunathan, Irwin, Pa. and regardless, management intimidates all support our troops. Nonetheless, the Yes. But not for the standard ‘‘the sky is the time by threatening to fire employees debate will occur here on this floor this falling’’ reasons, like the twin deficits, low- who vote union. But the system as it exists week and beyond. It is an important cost Chinese manufacturing, or intellectual has safeguards, including heavy fines against debate. It is a debate that involves per- property piracy. We believe those challenges companies that misbehave and automatic haps the most important issue of our will largely be ameliorated by market, polit- new elections. time. That is the issue of war and Still, the advance of the Employee Free ical, and legal forces. No, we’re as worried as peace and the debate that is certainly can be that American competitiveness is Choice Act continues unabated. And so pret- about to be whacked by something no one ty soon, if enough business leaders and legis- appropriate to be held on the floor of seems to be talking about: the Employee lators don’t stand up, it may well be: Hello the Senate. Free Choice Act, which is currently weaving again, unions. So long, American competi- With respect to health care, I am an insidious path through Congress toward tiveness. The change won’t happen instantly. pleased with the efforts the Senate Fi- becoming law. If it does, the long-thriving Companies will fight unions as if their lives nance Committee and the HELP Com- American economy will finally meet its depend on it, because they do. But given the mittee are undertaking, with the lead- match. logistics of the Employee Free Choice Act; ership of Senator BAUCUS and Senator You didn’t read wrong. We know it must any management campaign is hobbled. If you KENNEDY and others, as we try to ad- sound strange to oppose legislation that can’t be at the kitchen table with the orga- promises something as motherhood-y as nizers and their hard stares, you probably dress the issue of health care. This ‘‘free choice.’’ But the title of this bill is can’t win. year for sure we will move forward pure propaganda. It won’t encourage liberty It’s too bad. In fact, its terrible. And iron- with a program that hopefully will ex- or self-determination in the workplace; more ic. First, because the ability to unionize al- pand the coverage of health insurance likely it will introduce intimidation and co- ready exists in America, thanks to the secret to the children of America. We think ercion by labor organizers; who, after a long ballot. And second, because the Employee about 9 million children in this coun- slide into near-oblivion, finally see a glo- Free Choice Act ultimately only provides a try today who have no health insur- rious new route to millions of dues-paying free choice nobody would ever want: how to ance. The expansion of the SCHIP pro- members. Their campaign could trigger a spend a government issued unemployment surge in unionization across U.S. industry— check. gram is something that is very impor- tant for all of these children across our and in time, a reversion to the bloated econ- The ACTING PRESIDENT pro tem- many States who today do not have omy that brought America to its knees in pore. The Senator from Colorado. the late 1970s and early ’80s and that today health insurance. cripples much of European business. If you f But the other issue, the energy issue, want to be reminded of what that looks like, is one which is winding its way through ENERGY drive through Pennsylvania’s Lehigh Valley, our various committees in the Senate as we did last weekend, and take a look at Mr. SALAZAR. Mr. President, I come today. In the Agriculture Committee, all the shuttered factories. Steel—like coal, to the Senate floor to speak about the under the leadership of Senator TOM autos, and so many other industries in the issue of energy and the importance of global economy—paid the inevitable price of HARKIN, we currently are looking at unionization run amok. this Senate and this Congress and this title 9 of the farm bill. We will have a Make no mistake, We don’t unilaterally country moving forward with an au- robust law that will move us forward oppose unions. Indeed, if a company is habit- thentic picture with respect to energy with a new agenda with respect to agri- ually unfair or unreasonable, it deserves independence for our country. When I culture and energy. what it gets from organized labor. But the get up in the morning and think about In the Senate Energy Committee, problem with unions is that they make a the major issues that are facing our under the leadership of Senators sport out of killing productivity even when country, there are three issues which BINGAMAN and DOMENICI, we are work- companies are providing good wages, bene- always come to mind. fits, and working conditions. It is not un- ing on several bills that will help us common in a union shop to shut down pro- The first is what is happening in Iraq move forward toward energy independ- duction rather than allow a nonunion worker and around the world and how we re- ence. to flip a switch. Only a union or millwright store America’s greatness and how we In the Senate Finance Committee, electrician can do that job! Come on. Compa- put Humpty Dumpty together again under the leadership of Senator BAUCUS nies today can’t afford such petty bureauc- with respect to making sure America’s and Senator GRASSLEY, we have numer- racy or the other excesses unions so often greatness which we have enjoyed for ous initiatives on the table that will lead to, such as two people for every job and the last two centuries is something we create incentives for us to have the a litigious approach to even the smallest enjoy in the 21st century and beyond. matters. Yes, managers and employees will kind of biofuels, solar energy, and the sometimes disagree. But in the global econ- Second are the difficult and impor- other kinds of energy that will create omy, they have to work through those dif- tant domestic issues which we are at- the new environment for us to be suc- ferences not as adversaries but as partners. tempting to confront today—the issue cessful in a program on energy inde- The Employee Free Choice Act undermines of health care and how we move for- pendence. that. Here’s how. Currently, when labor or- ward to create a system of health in- For me, when I think about energy, I ganizers want to launch a unionization ef- surance and health care availability for see the dawning of a new age for my fort, they ask each worker to sign a card as all the people of America, an issue State of Colorado and also for America. a show of support. If 30% or more employees which continues to confront us. It is a dawning of an age for America do so, a federally supervised election can be called and conducted with one of the most Third, the issue of energy and how we which we ought to embrace with vigor. revered mechanisms in democracy, the se- look forward. The issue of energy is It is the dawning of the age of a clean cret ballot. Thus, employees can vote their something many of us in this Chamber energy future for the United States of conscience, without fear of retribution from and in the House of Representatives America. One year ago in my State I either union leaders or management. and the White House today will con- hosted the first Colorado Renewable By contrast; under the Employee Free tinue to work on, which is so impor- Energy Summit. At the summit, there Choice Act, organizers could start a union if tant to all of us. were more than 500 of us brought to- 50% of employees, plus one more worker, With respect to Iraq, we will be fac- sign cards. That’s right—no more secret bal- gether to talk about our national en- lot. Instead, employees would likely get a ing that issue here in the weeks and ergy policy and the energy opportuni- phone call with a pointed solicitation, or months ahead. I believe strongly there ties we face in my State. worse, a home visit from a small team of or- is unity in the United States of Amer- We put renewable energy in the head- ganizers. You can just imagine the scenario. ica in terms of our support for our lines for Colorado, and we have kept

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00008 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7577 energy at the top of Colorado’s agenda voltaic designers, and manufacturers does have not objection, we will allow for the past year. This last Saturday, 2 who are opening facilities in places the Senator from Colorado to finish his days ago, on March 24, 2007, we again such as Larimer County. Cellulosic remarks, and then we will recognize summoned the people of Colorado and ethanol companies, which are engaged the Senator from West Virginia. we had over 1,000 people who attended in research and development, inform us Mr. BYRD. Very well. a summit at the Colorado Convention within 2 years they will be at a point Mr. SALAZAR. Mr. President, so I Center. We were joined in that summit where cellulosic ethanol will be avail- am clear on my time, I have about 7 by my colleague Senator WAYNE able in the commercial markets. minutes in morning business allocated ALLARD, by Colorado Governor Ritter, We have hybrid vehicle manufactur- to me under the current order? the mayor, six Members of the U.S. ers who are doing the technology devel- The ACTING PRESIDENT pro tem- House of Representatives, the president opment and research in my State, hy- pore. That is correct. of the Colorado Senate, the speaker of brid and plug-in vehicle battery manu- Mr. SALAZAR. Mr. President, let me the Colorado House of Representatives facturers, engine efficiency research continue with respect to the comments and, as I said, more than 1,000 people in companies, such as German manufac- I was making concerning the issue of my State who were interested in re- turers in El Paso County and Colorado energy. newable energy and energy efficiency, Springs. If you think about the 1970s and the not only for our State but for the en- There is a whole lot more that is hap- 1980s, it was the economy that was at tire country. pening with respect to clean renewable the root of what we were trying to do Because of the work we have taken energy in my State of Colorado. We to develop solar energy and wind en- on in the last year in Colorado, today have a long road ahead of us, but we ergy and looking at biofuels and the we have a Colorado Renewable Energy have found our stride and we know the like. A lot has changed in those times. collaboration. That laboratory is an in- destination. We want America to be There is tremendous interest and a tre- credible association with the National the world’s center for renewable energy mendous amount of energy being spent Renewable Energy Lab, the Colorado research, for development and for pro- in each of our committees here in the School of Mines, Colorado State Uni- duction. I want my State to play a sig- Senate and the House of Representa- versity, and the University of Colorado nificant role as we embrace that agen- tives and in the White House and the at Boulder. da. Department of Energy on a clean en- Even though the ink is not yet dry on Let’s be clear about what is hap- ergy future for America. the formation of the collaboration, pening with respect to energy in the Some people will ask the question these four great research institutions United States of America. Some of us today: Well, is this another short-lived have already launched a world-class re- need to remind ourselves it was not so agenda in the same way it was in the search program. It is called the Colo- long ago when President Nixon and 1970s and the 1980s? When you look at rado Center for Bioresearch and then President Carter later on said we the charts and you see what we were Biofuels. needed to embrace a new ethic of en- investing in clean energy technology Colorado’s private sector is moving ergy independence. This was in the back in the 1970s and 1980s, it was sig- forward, too, on a variety of different 1970s, some 35, 40, 45 years ago when we nificantly higher than what we are in- fronts. First, with respect to wind, Col- were talking about the importance of vesting in the 1980s and the 1990s and orado has added over 60 megawatts of energy independence, frankly, because the early 2000s. wind generation in the last 4 years. But of the economics that were driving it I submit that things have changed consider what is on the agenda for 2007. at the time. There was great concern because the drivers today are not only In 2007, my State of Colorado will add with respect to the formation of OPEC the economic drivers of our time. another 775 megawatts. That is more and with respect to the volatility of Today when we look at the energy than tripling the State’s production of markets that could disrupt the Amer- issues we face in our world, it is not wind generation. That is an equivalent ican economy. just about the volatility of the energy of the generation we get from approxi- We see what happened in response to markets we see around the world and mately two full-fledged powerplants. the leadership in the 1970s where there here in the United States, there are Beyond wind, we have embraced were great investments made in tech- two other drivers that are equally as solar. Since the passage of a citizens’ nologies that would look at alternative important. The first of those drivers initiative in Colorado 2 years ago, fuels that would power our homes and has to be our national security. When Colorado’s solar industries have seen a cars in this country. But the driver of you think about the fact that today we growth of 40 percent every year. The economics went away when the price of are importing about 60 percent of our State’s first commercial solar elec- oil dropped to around $20, $21, $22, $23 oil from foreign countries, in the next tricity project will be constructed in per barrel. Over this last year, we saw 10 to 15 years, if projections continue my native San Luis Valley in 2007. We the price of oil get up to $60 and $70 per the way they are, and growth continues moved from wind to solar to biodiesel. barrel, and we saw the price of a gallon the way it is expected to continue, we In 2004, there was no biodiesel produced come up to $3 a gallon, in some places will be importing 70 percent of our oil in the State of Colorado. Today we more than $3.50, $3.60 a gallon, the from foreign countries. have three plants in my State that are price of diesel following the same path. If that occurs, then we will continue producing more than 30 million gallons It became apparent at the time the to compromise the foreign policy, the a year, and a fourth plant is ready to economic driver was not the only sig- national security of this Nation in a start operations in the production of nificant driver here. manner none of us should ever allow to biodiesel. Mr. President, may I inquire as to happen. In fact, it would be a derelic- We go beyond biodiesel to ethanol. the amount of time we have in morning tion of duty for this Congress, for the Two years ago we had no ethanol business? Senate, and for this country to allow plants in the State of Colorado. Today The ACTING PRESIDENT pro tem- that to happen. we have three ethanol plants that are pore. We have 71⁄2 minutes remaining. In the latest skirmish with Israel and producing 90 million gallons of ethanol, Mr. SALAZAR. May I inquire of my Lebanon, one has to ask the question and we have a fourth plant that will friend from West Virginia as to wheth- about where that money was coming come on line in 2007, adding 50 million er he planned on using any of the time from that was funding the militia more gallons per year, and several in morning business. group of Hezbollah in its firing of near- other plants that are in the planning Mr. BYRD. Mr. President, I do have ly 10,000 rockets into the northern city stages. an amendment, and I will speak to that of Haifa in northern Israel. One has to That is not all. In my State of Colo- amendment. ask that question, where was the rado, we have moved forward with wind The ACTING PRESIDENT pro tem- money coming from that would fund energy companies, with solar, photo- pore. If the Senator from West Virginia the 10,000 members of that militia

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00009 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7578 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 group called Hezbollah in Lebanon and goes after the low-hanging fruit of en- Cellulosic ethanol companies, engaged in other places around the world? ergy efficiency and addresses the issue R&D and preparing to build biorefineries Well, we do not need to look very far Hybrid vehicle manufacturers of global warming. Hybrid and plug-in vehicle battery manu- for the answer to that question. You I ask unanimous consent that a por- facturers and I know—you as the Presiding Offi- tion of a speech I gave at an energy Engine efficiency research companies cer are well aware of the security in- summit in Colorado be printed in the And that’s only the beginning. terests here in our country—very well RECORD. Colorado’s clean, renewable energy econ- that the money creating and funding There being no objection, the mate- omy is on the move. We have got a long road ahead of us, but the terrorist groups in places such as rial was ordered to be printed in the we have found our stride and we know our Lebanon is coming from oil. It is com- RECORD, as follows: destination: Colorado will be the world’s cen- ing from oil we are paying $60 and $70 COLORADO NEW ENERGY SUMMIT—2007 ter for renewable energy research, develop- a barrel for today. This is the dawning of a new age for Colo- ment and production. So the very national security of our rado and America—this is the dawning of the AMERICA’S ENERGY CHALLENGES country requires us, it demands of us, age of America’s clean energy future! We have come a long way in the past year, and we can do no less than to move for- One year ago, we hosted the first Colorado and we should be proud, but we must be real- ward with an agenda that grasps the renewable energy summit. That 2006 Summit istic about the energy challenges that face imperative of energy independence in brought more than 500 of us together to talk us as a Nation and world. about our national energy policy and Colo- ENERGY SECURITY AND INDEPENDENCE our world. That energy independence rado’s energy opportunities. We put renew- First, energy policy is at the heart of our will come about with great opportuni- able energy in the headlines for Colorado, national security. The United States con- ties as we look at a clean energy future and we’ve kept energy at the top of Colo- tinues to import much more oil than we for America. We will be able to derive rado’s agenda for the past year. produce. Nearly two-thirds of our oil supplies This Saturday, March 24, 2007, over one jobs and create the kind of national come from abroad. And much of that oil, thousand people from Colorado joined us for economic security we need in the comes from unstable and even politically Colorado’s New Energy Summit. We were United States of America. hostile regions. Our deep dependence on for- joined by two United States Senators, the The final driver is the issue of global eign oil means that our national security is Colorado Governor, the Mayor of Denver, six warming. The debate is about whether constantly at risk. Our oil supply lines are Members of the U.S. House of Representa- long and fragile. Even worse, our dependence global warming is an issue that needs tives, the President of the Colorado Senate, on foreign oil means that we’re sending hun- to be confronted in the United States the Speaker of the Colorado House of Rep- dreds of billions of dollars overseas, much of of America, the debate that was being resentatives . . . and more than one thou- which flows to regimes that are hostile or held several years ago. But I would sand Coloradans who want more renewable corrupt or both. Indeed, we are funding the energy, improved energy efficiency, and imagine most people in the United very regimes that threaten our interests. It greater energy independence. States of America today are saying it is foolish to think we can control our Na- One year ago, we talked about attracting is important for us to confront this tion’s security if we can’t control our energy more energy research projects and more en- lifelines. issue. ergy entrepreneurs to Colorado. Today, we It may be decades before we get the major- In fact, as we are opening this day in have the Colorado Renewable Energy ity of liquid transportation fuels from renew- the Senate, Senator BINGAMAN and Collaboratory, an incredible association of able sources, but that doesn’t mean renew- Senator DOMENICI are holding a hearing the National Renewable Energy Lab, the Col- ables can’t make a significant difference im- orado School of Mines, Colorado State Uni- with members of the European Union mediately. We produced nearly five billion versity and the University of Colorado at on the issue of global warming. Things gallons of ethanol in 2006, biodiesel is on the Boulder. And even though the ink is not yet have changed. Things have changed rise and cellulosic biofuels will be in com- dry on the Collaboratory Agreement, these from the 1970s and the 1980s and the mercial production by 2009. We can also look four great research institutions have already 1990s when America slept, and the only to other current or emerging technologies— launched a world class research program: the hybrids and plug-in electrics—to reduce our factor that was driving us to energy Colorado Center for Biorefining and thirst for oil. independence was the volatility of the Biofuels—C2B2. markets. There are a lot of good reasons to turn to And Colorado’s private clean energy sector renewable energy, but I start with this one: Today the driver is national security. is taking off, too. the most effective step to increase our na- We cannot afford to compromise our Wind tional security in the twenty-first century is national security by continuing to be Colorado has added 60 megawatts of wind to reduce our dependence on foreign oil. overdependent, by continuing our cur- capacity in the last two years. ENERGY AND ECONOMIC SUSTAINABILITY rent addiction to foreign oil. We cannot And by the end of 2007, we will add another The second energy challenge that we face afford to ignore the issue of global 775 megawatts, more than tripling the is economic. We’re not going to run out of oil warming that threatens the future of State’s production of wind power to more any time soon, but we’re going to run out of civilization. How we approach those than 1,000 megawatts. cheap oil. Oil from new reserves and alter- issues and how we develop solutions Solar native sources, like the deep Gulf of Mexico that bring us to a positive movement Since the passage of Amendment 37, Colo- reserves and Canadian tar sands, will cost forward is very important. rado’s solar rooftop industries have seen much more to find, to extract and to refine. On top of increased costs, we are going to see The issue of energy is one that can growth of 40% per year. And the State’s first commercial solar increasing competition from the rapidly bring America together. To be sure, the electricity project will be constructed in the growing economies qf China and India and last 6 years have seen a divided Amer- San Luis Valley in 2007. other developing nations. That means de- ica on many issues, including Iraq. En- Biodiesel mand pressures on top of supply pressures. And it is not just our cars and trucks that ergy can bring together Democrats and In 2004, there was no biodiesel produced in Republicans, progressives and conserv- run on oil—much of our current economy de- Colorado. pends on oil and natural gas. We heat with atives, much as the Energy Futures Co- Today, we have three plants producing alition has done in working with all of it, we produce lubricants and fertilizers and more than 30 million gallons a year, and a commercial chemicals with it, and we make us. We crafted legislation that we call fourth plant ready to start operations. plastics and fibers and construction mate- Set America Free. It is my hope that Ethanol rials from it. The economic competitiveness by the time the Senate finishes for the Two years ago, there were no ethanol of our economy will be determined in sub- year or before we begin the August re- plants in Colorado. stantial part by how we cope with increasing cess, we will have legislation that is bi- Today, three plants produce more than 90 energy costs. In coming decades, those partisan in nature, that will move us million gallons per year, and a fourth plant economies that develop reliable, affordable forward with a new energy future for will come on line in 2007, adding another 50 sources of energy will thrive. Those econo- million gallons per year. America. That energy future will be mies that remain dependent on imported oil And that’s not all. We have locally based: and gas will suffer. one that is bound by a vision of a clean Wind energy companies But, there is also an economic oppor- energy future that includes renewable Solar photovoltaic designers and manufac- tunity. There is money to be made in cre- energies, new technologies, and that turers ating new energy technologies, and there is

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00010 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7579 money to be made in using them. America Countless generations of human beings duced a series of bills that will help us I has led the world in developing renewable en- have in my State enjoyed this beautiful produce more renewable energy, adopt more ergy technologies, but we have lost much of planet. But it is not certain that our grand- energy efficient technologies and combat our advantage because other nations have children and great grandchildren will be able global warming. been much better at implementing those to enjoy snowcapped peaks, mountain Senate Bill 672 is the Rural Community technologies. Solar energy, wind energy, streams, Colorado skiing, lush green forests Energy Bonds Act. I support our big wind biofuels—most of these technologies were and fields of grain. If we want them to see farms, but we need a lot of small wind farms, originally developed here, but other nations and enjoy Colorado’s beauty and enjoy our too, and we need a lot of small biomass and have surpassed us in manufacturing or im- State’s natural resources, then we need to solar and other renewable energy projects. plementing these technologies. We should act—now. And what is true for Colorado is This bill will allow small renewable energy admire the Japanese and the Germans for true for the Nation. Those of us who walk projects with at least 49 percent local owner- their solar photovoltaics, the Israelis for the Earth today are not solely responsible ship to qualify for tax-exempt bonds. That concentrating on solar power, the Danes and for the fact of global warming—the roots of will make it easier for locally and commu- Germans for their advances in wind tech- this crisis go back to the Industrial Revolu- nity owned renewable energy projects in nology, and the Brazilians for their ethanol, tion—but it falls to us to do something about rural and small town America to find inves- but there is no reason for us to import their it. We must not fail. tors. And local ownership means that more technology when we can manufacture this The three great energy challenges that of the profits from those projects will stay equipment right here in America. confront us at the dawn of the 21st century on Main Street in Colorado’s small towns. ENERGY AND RURAL AMERICA are daunting—national security, economic I have also introduced the Rural Wind En- I believe our economic future depends on sustainability and the future of our planet. ergy Development Act, Senate Bill 673. This our ability to create the energy technologies But we know we can and will confront these bill will create a tax credit for every residen- of tomorrow. challenges. And part of the solution to each tial wind turbine installed and will also Nowhere is this more true than in rural of these challenges lies in renewable energy allow for accelerated depreciation on those America. With the advent of new energy and efficiency and other clean energy tech- turbines. For turbines under 100 kilowatts, technologies—including biofuels, wind and nologies. For the past 25 years, America has there’s a tax credit of $1,500 for each half-kil- solar—rural America can become not only lacked the consistent political leadership owatt of generating capacity. As I said ear- our food basket, but also our energy basket. and public commitment to pursue these new lier, we need more distributed generation, At a time when we have record trade deficits technologies, but their time has come and and this bill will help us develop it. and much of rural America is struggling eco- today we can unite America in the spirit of I am also working on several other bills to nomically, we should be investing in renew- bipartisanship to confront these challenges. encourage renewable energy production and able energy from our farms and ranches in- STATE AND LOCAL LEADERSHIP energy efficiency investments. The Securing stead of importing foreign oil. Much of the leadership in the areas of re- America’s Energy Independence Act will ex- And let me point out that all our energy newable energy and energy efficiency has tend the energy tax credit for solar tech- does not have to come from 500 megawatt come from local and state efforts. In Novem- nologies and for residential energy efficiency electric power plants or 100 million gallon a ber, 2004, the people of Colorado were the improvements through 2016. If we want man- year ethanol plants. Big centralized plants first in the Nation to enact a renewable en- ufacturers to build these technologies and we will always have their place, but much of our ergy standard by popular vote with the adop- want homeowners to buy them, we need to energy can come from smaller production tion of Amendment 37. Our General Assem- create reliable incentives that encourage plants, whether it’s a small wind farm or a bly and our new Governor have taken up the planning and investment. community-owned biodiesel plant. Distrib- baton and carried it forward with exciting I am also proud to co-sponsor the DRIVE uted generation of electricity and biofuels new programs that will expand wind and Act with Senator Bingaman and nearly 30 will play a major role in our energy future, solar power in Colorado. Other states have co-sponsors, with equal numbers of Repub- and much of that energy production will ben- done the same. licans and Democrats. The Drive Act stands efit rural America, both by creating new for Dependence Reduction through Innova- ENERGY IN THE 110TH CONGRESS sources of income and by reducing the cost tion in Vehicles and Energy. This bill, Sen- of locally produced and locally used energy. So I applaud and encourage this kind of ate Bill 339, and other related legislation, GLOBAL WARMING state and local leadership, but the ultimate will reduce oil consumption by 25% by 2025, The two drivers of national security and success of our new energy policy and our new impose Federal fleet conservation require- economic challenges and opportunities drive energy economy will also require national ments, support research on electric vehicles, us toward a renewable energy and energy ef- leadership in this 110th Congress. require the Federal government to purchase ficiency future. But there is a third driver, I am proud to be a sponsor, with Senator 15% of its electricity from renewable sources just as compelling: global warming. Average Chuck Grassley, of Senate Concurrent Reso- by 2015, and would phase-out incandescent temperatures are rising, glaciers and sea ice lution 3 to adopt 25 25 as a national goal. light bulbs in favor of more energy efficient are melting, and the overwhelming majority Many of you know about this initiative. The technologies. I am hopeful that this bill will of scientists agree that our use of fossil fuels goal is to produce 25% of our total energy pass in this Congress. is a significant part of the problem. needs from our farms, ranches and forests by I’m also working with other members of There is no single solution to this crisis, the year 2025. Independent studies confirm the Senate Energy and Natural Resources no silver bullet. But there are lots of options we can achieve that goal. 25 25 makes eco- Committee to draft a bill to require the use that will contribute to a solution, including nomic sense. Achieving this goal will yield of 30 billion gallons of renewable fuels by technologies and investments that increase over 700 billion dollars in economic activity 2020, to increase the funding for bioenergy energy efficiency and conservation. Cur- and create more than 4 million new jobs. A research and development, and to offer finan- rently available technologies, like fuel-effi- combination of energy conservation, energy cial support for renewable fuel production fa- cient cars and compact fluorescent light efficiency and renewable energy can get us cilities, including cellulosic biofuel plants bulbs, reduce energy consumption. Biofuels to our goal. We should establish the 25 25 res- and biorefineries. olution this Congress. replace billions of gallons of gasoline and We should all recognize that we are going As a member of the Senate Agriculture diesel, and biofuels reduce the net amount of to be dependent on fossil fuels for a signifi- Committee, I am also working on the 2007 greenhouse gas emissions because next cant portion of our energy for the next sev- Farm Bill with Senator Tom Harkin and my year’s crop will capture the emissions from eral decades, so I’m sponsoring legislation to colleagues on that Committee. This new this year’s fuels. Once installed, solar and conduct a national assessment of our carbon Farm Bill will include an expanded Energy wind technologies produce electricity with- sequestration capacity. As we continue to Title that will create new programs and out generating any carbon dioxide. burn fossil fuels, we must find a way to re- build upon existing programs to make the And new technologies may enable us to use duce the volume of carbon dioxide released goal of 25 25 achievable. Just two weeks ago, some fossil fuels without contributing to into the atmosphere. IGCC technology can Senator Harkin, Chairman of the Agri- global warming. IGCC—integrated gasifi- achieve its promise only if we can effectively culture Committee, traveled to Colorado for cation combined cycle—power plants, for ex- sequester the carbon dioxide that’s captured. ample, may allow us to capture the carbon two purposes: to visit NREL and to hold a dioxide in coal before it is released to the at- Committee hearing on the Farm Bill. Sen- CONCLUSION mosphere, so that the CO2 can be used or can ator Harkin and I agree that good farm pol- Together, the 110th Congress can lead our be sequestered deep underground. icy means good energy policy in this new State and our Nation to a new energy future. With creativity and commitment, there world. are many actions that we can take that will I am also enthused by Senator Max Baucus Mr. SALAZAR. I yield the floor and substantially reduce greenhouse gas emis- and my colleagues on the Finance Com- suggest the absence of a quorum. sions and help to turn the tide of global mittee as we do our part to address the en- The PRESIDING OFFICER (Ms. KLO- warming. ergy challenges of our time. I have intro- BUCHAR). The clerk will call the roll.

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00011 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7580 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 The legislative clerk proceeded to Senate Appropriations Committee. Be- Is it politics to provide critical re- call the roll. cause of that power over the purse, it is sources to help the gulf region rebuild Mr. BYRD. Madam President, I ask certainly our duty to debate the future after Hurricane Katrina? Is it? Is it unanimous consent that the order for of the war in Iraq. politics? No, it is not politics. It is the quorum call be rescinded. The bill before the Senate includes a compassion—compassion. provision that would give the war a The PRESIDING OFFICER. Without Is it politics to help rural America objection, it is so ordered. new direction, and it points the way out—out, out—of the civil war in Iraq. recover from drought and freeze? Is it? f There is no restriction on funding for No. It is common sense, do you hear me, common sense and good econom- U.S. TROOP READINESS, VET- the troops—no restriction on funding ics. ERANS’ HEALTH, AND IRAQ AC- for the troops. We fully fund the needs COUNTABILITY ACT, 2007 of the troops. We do that, yes. In fact, This bill meets some of the most ur- the bill provides more funds than the The PRESIDING OFFICER. Under gent needs of our country. It includes President requested for the Depart- $1.7 billion to ensure that the VA has the previous order, the Senate will pro- ment of Defense, with an increase of ceed to the consideration of H.R. 1591, the resources it needs to help the brave $1.3 billion for the defense health care men and women wounded in the war. which the clerk will report. system, $1 billion for equipping the The legislative clerk read as follows: The VA needs resources in order to pro- Guard and Reserve, and $1.1 billion for vide first-rate care to profoundly A bill (H.R. 1591) making emergency sup- military housing. wounded, terribly wounded, horribly plemental appropriations for the fiscal year The language in the bill narrows the wounded soldiers. We are morally ending September 30, 2007, and for other pur- mission of our troops in Iraq, keeps poses. bound—hear me; yes, we are morally pressure on the Iraqi Government to bound, aren’t we, to care for our The PRESIDING OFFICER. The Sen- meet benchmarks on national rec- wounded troops. This is not politics. ator from West Virginia. onciliation, requires the President— No. Shame. This is not politics; it is AMENDMENT NO. 641 yes, hear me now; requires the Presi- common decency. (Purpose: An amendment in the nature of a dent—to send Congress a phased rede- substitute) ployment plan. It sets a goal for the re- This bill also includes $3.3 billion above the administration’s request for Mr. BYRD. Madam President, I send deployment of most of the U.S. troops the victims of Hurricanes Katrina, an amendment to the desk. from Iraq by March 31, 2008. Rita, and Wilma. The President pro- The PRESIDING OFFICER. The This country was not attacked by poses to pay for the increased costs of clerk will report. Iraq on 9/11. There was not a single repairing the existing levees in Lou- The legislative clerk read as follows: Iraqi, not one, involved in the devasta- tion in New York, Washington, and isiana by cutting the funding that Con- The Senator from West Virginia [Mr. Pennsylvania on that fateful day. Ac- gress provided to improve the capacity BYRD] proposes an amendment numbered 641. cording to our own Government, the of the levees to protect New Orleans Mr. BYRD. I ask unanimous consent perpetrators of 9/11, Osama bin Laden from future hurricanes. Shame. That that reading of the amendment be dis- and his organization, are alive today makes no sense. pensed with. and rebuilding in Afghanistan and The bill provides new resources to re- The PRESIDING OFFICER. Without Pakistan at this moment, as I speak, pair the levees. We will not follow a objection, it is so ordered. so help me God. Language in this bill nonsensical strategy of repairing the (The amendment is printed in today’s would allow the President to refocus existing levee system that failed dur- RECORD under ‘‘Text of Amendments.’’) our military and our intelligence on ing Katrina by cutting funding already Mr. BYRD. Madam President, today the terrorists who actually attacked us appropriated for actual improvements we take up a supplemental bill to fund on 9/11. to the levee system. We will not. We our troops in the field, to send a strong During the debate on this bill, asser- also include funding for health and message about the direction of the war tions will be made, yes, that it is inap- education, for law enforcement, and for in Iraq, to improve the veterans and propriate to add to this bill funding to transit systems in the gulf region to defense health care system, to help the meet domestic needs. In fact, the White help rebuild, to bring people back to victims of Hurricane Katrina rebuild, House has claimed that efforts to add work, and to bring the region back to funding for our veterans, for Katrina to secure the homeland, and to provide life. Not politics, just plain old com- victims, and for homeland security will emergency relief to farmers impacted mon sense. by major drought and freezes. We are hold hostage the funds for the troops. now in the fifth year—the fifth year— What nonsense—hear me—nonsense. The bill includes $4.2 billion for agri- of the war, this terrible war. Just more buzzwords. cultural disaster relief. The agricul- I was against it. I voted against it. In fact, funding for the war is not the tural economy has been hit with We are there. We are now in the fifth only critical need worthy of supple- drought and freezes. In 2006, 69 percent year of the war in Iraq. The debate mental funding this year. The war of all counties in the United States about the war has deteriorated into a must not obliterate every other con- were declared primary or contiguous series of buzz words—preemptive war, cern. Last week, the Director of the Of- disaster areas. Fourteen States had 100 mission accomplished, exaggerated in- fice of Management and Budget, Rob percent of their counties declared dis- telligence, inadequate body armor, and Portman, said the President would aster areas by the Department of Agri- surges—and on and on. Our job in the veto the bill if the Iraq language and culture. additional spending remain in the bill. Senate is not to look backward but to I commend Senator DORGAN and Sen- He said: look forward. ator FEINSTEIN and Senator BOND for The Constitution clearly gives the We’re disappointed the Senate is allowing their hard work on this disaster pack- politics— Congress the power—yes, it does; it age. clearly gives the Congress, us, the humbug— Madam President, I ask unanimous power—to decide when this Nation to interfere with getting needed resources to consent that a letter from California should go to war, and it gives Congress our troops. Governor Arnold Schwarzenegger re- the power of the purse, money. Money Politics? Politics? I ask the Senate, questing agricultural disaster assist- talks. Funding such conflicts is the re- is it politics to ensure that the VA has ance be printed in the RECORD. sponsibility of the Senate Appropria- a health care system that can provide tions Committee, the Senate Appro- first-rate care for the wounded? Is it? There being no objection, the mate- priations Committee. The buck stops No. It is a moral imperative—yes, a rial was ordered to be printed in the here, and don’t you ever forget it, the moral imperative. RECORD, as follows:

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00012 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7581 FEBRUARY 8, 2007. Thank you for your consideration of this we can begin to get the waste, fraud, Hon. HARRY REID, important request. and abuse in Government under con- Majority Leader, U.S. Senate, Washington, DC. Sincerely, trol. The legislation presses forward Hon. MITCH MCCONNELL, ARNOLD SCHWARZENEGGER. with GAO audits of the use of these Minority Leader, U.S. Senate, Washington, DC. Mr. BYRD. Providing agricultural dollars as we try to put an end to the Hon. ROBERT C. BYRD, disaster relief is not politics, no. It is Chairman, Committee on Appropriations, Wash- contractors’ bonanza of big dollars free ington, DC. good policy. from the prying eyes of Congress or the Hon. THAD COCHRAN, The bill that is before the Senate public. Insisting that U.S. tax dollars Ranking Member, Committee on Appropriations, also includes $2 billion for securing the are wisely spent is not politics. What is Washington, DC. homeland. In the State of the Union, it? It is our duty. Hear me. It is our DEAR MAJORITY LEADER REID, CHAIRMAN the President said: duty. BYRD, SENATOR MCCONNELL AND SENATOR The evil that inspired and rejoiced in 9/11 is The Appropriations Committee has COCHRAN: As you prepare to begin work on still at work in the world. And so long as the Emergency Supplemental to fund vital made careful choices. The White House that’s the case, America is still a nation at assertion that spending in this bill is government programs, I implore you to in- war. clude the Emergency Farm Assistance Act of excessive or extraneous or political— 2007. The Farm Assistance Act provides Despite hundreds of innocent people humbug. It simply has no foundation. much needed relief to California’s multi-bil- being killed in train bombings in Lon- The committee has chosen to provide lion dollar agricultural industry, which has don, Madrid, Moscow, Tokyo, and first-rate care to the war wounded, to suffered devastating losses due to the recent Mombai, India, and despite the avia- provide resources to help the gulf re- record setting freeze, as well as the extreme tion sector remaining at a high ter- gion rebuild after Katrina, to improve heat wave in 2006 and flooding in 2005. rorist threat level since August, the As you know, on January 11, 2007, an arctic homeland security, and to provide agri- President did not request one extra cultural disaster assistance. This is a air mass moved into the state and extreme dime—not one thin dime—in the sup- cold air conditions pushed nighttime tem- good bill. I urge prompt action on this peratures to record and near record lows plemental for securing the homeland. legislation. throughout the state for the next 8–10 days. This bill includes funding for pur- Madam President, I yield the floor. These extreme weather conditions had a dev- chasing explosive detection systems for Mr. COCHRAN. Madam President, astating impact on California’s agricultural our airports, for grants to help secure this appropriations bill reported by our industry, exacting catastrophic losses on our our rail and transit systems, and for Committee on Appropriations responds citrus, avocado, vegetable and strawberry securing our ports and borders. The to the President’s request for supple- crops. Agriculture plays a central role in our money is needed now. local economies, and as a result of the freeze, mental funding for the Department of For 51⁄2 years, since the attack on 9/ many farm communities and related busi- Defense and other departments and nesses have suffered massive losses. To pro- 11, this administration has raised fears agencies. The bill provides $121.6 bil- vide immediate relief, I directed state agen- of another terrorist attack. The admin- lion in emergency spending. Of this cies to make state facilities available to istration has announced a high, or or- amount, $102.48 billion is provided to local agencies for use as warming centers. ange, threat level for possible terrorist support Iraqi security forces to con- We also contacted agricultural associations attacks on eight different occasions. In tinue operations in Afghanistan and to to ensure that growers were aware of cold every State of the Union Address, the wage the global war on terrorism. In weather, so that appropriate protective ac- President has stoked the fires of fear. testimony before our Appropriations tions could be taken. Periodically, the Attorney General, the In response to these dire events, I directed Subcommittee on Defense, we were the execution of the State Emergency Plan. Secretary of Homeland Security, or the told this funding is needed by the end In accordance with Section 401 of the Staf- FBI Director helped to fan those of April. ford Act, on January 12, 2007, I proclaimed a flames. Yet the President consistently I am disappointed the bill contains state of emergency for all 58 California coun- sends to Congress budgets for home- language that sets forth a timetable ties. I also issued additional proclamations land security that do not reflect this for the withdrawal of troops from Iraq. to specifically address the impacts of the perceived threat. Rather than spread- The language amounts to a restate- freeze on the agricultural industry, small ing fear, the administration should be ment of S.J. Res. 9, which a majority of businesses and individuals in an effort to ex- reducing vulnerabilities by doing ev- pedite federal assistance to the counties that Senators voted against, 50 to 48, on were hardest hit. I have since requested that erything it can to deter another at- March 15. The Senate has spoken on the President declare a major disaster for 31 tack. Providing funding to secure the this issue. Inclusion of this language as California counties. homeland is not politics; it is an essen- reported by the Appropriations Com- In spite of these significant efforts to pro- tial duty. mittee last week will only slow down tect crops, agricultural communities in Cali- The President’s ‘‘rob Peter to pay the bill and invite a Presidential veto. fornia have sustained substantial crop losses Paul’’ approach to funding domestic We need to approve the funding now. and unknown long-term tree damage in ex- agencies has real and demonstrably se- Unnecessarily extending this debate is cess of $1.14 billion. With the loss of a major vere consequences. The failed response portion of our agricultural crop, thousands not going to serve the national inter- of farmworkers and their families in im- to Hurricane Katrina proved that. The ests. I will offer an amendment to pacted counties have been displaced due to inability to provide first-class health strike this language from the bill. job loss and loss of income. Despite the as- care to our wounded veterans proved In this bill, the Appropriations Com- sistance farmers and ranchers are now re- that. But we never learn. mittee also approved $14.8 billion for ceiving through the United States Depart- Another important aspect of this bill additional emergencies, including $7.9 ment of Agriculture and the Small Business is in the oversight and accountability billion for continuing the recovery Administration, more aid is needed. It is that it mandates. For far too long—far from Hurricane Katrina. The affected clear that the full impact of this disaster too long—oversight has been a lost wi11 be ongoing and systemic. States are making good progress, slow The California Delegation has played a cause, yes, around this Congress. but steady and sure. But additional critical role in the development of the Farm Tough questions are ditched in favor of Federal resources are needed. The bill Assistance Act. I applaud their bipartisan softballs. Honest answers are buried in also includes $1.7 billion for veterans work to provide crucial assistance to our political spin. This legislation says ‘‘no health care facilities, which signals the farmers and ranchers in need. To that end, I more.’’ Real oversight is back, and it committee’s continuing interest in en- strongly support the Farm Assistance Act will not be denied. This legislation suring that our veterans receive the and its inclusion in the Emergency Supple- makes major investments in inspectors quality care they deserve. mental. The unfolding crisis in our agricul- general, from the Special Inspector I applaud the chairman’s goal, the tural communities requires swift assistance and attention. California agriculture lit- General for Iraq Reconstruction to in- distinguished Senator from West Vir- erally feeds the nation, and I urge you to in- spectors general for the Department of ginia, of completing work on the bill clude the Emergency Farm Assistance Act of State, the Department of Defense, and this week. I am concerned, however, 2007 as part of the Emergency Supplemental. the Department of Justice. Let’s hope that the bill is almost $19 billion above

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00013 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7582 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 the President’s request. We need to be ment by the commander, multinational are no guarantees of success, but ac- sure this spending is necessary and re- forces, Iraq, which is currently General cording to the National Intelligence sponsible. I look forward to working Petraeus, to detail the progress being Estimate and the perspective of some with my good friend from West Vir- made by the Iraqi Government on the of our most experienced foreign policy ginia to ensure that this is the case. It benchmarks contained in this section. experts, maintaining the current is imperative that we provide funding This amendment does not remove the course or withdrawal without addi- to our troops promptly, and it will re- sense-of-the-Congress provision that is tional stability in Iraq will be harmful main my goal to put a bill on the important to a number of Senators. I to our national interests and to the en- President’s desk that he can sign. think all Senators share an earnest de- tire region. AMENDMENT NO. 643 TO AMENDMENT NO. 641 sire that the Iraqi Government move We need to do what we can to help Madam President, I send an amend- aggressively to undertake the meas- stabilize this situation and bring our ment to the desk and ask that it be re- ures necessary to ensure a stable and troops home. As a beginning point, for this strategy to work, we should show ported. free Iraq. The language to be removed The PRESIDING OFFICER. The by my amendment is essentially a re- a commitment to success. I support the new initiative and urge the Senate to clerk will report. statement of S.J. Res. 9, which, as I The legislative clerk read as follows: said, on March 15 Senators defeated by give it a chance to work. This does not a vote of 50 to 48. mean we should not monitor the situa- The Senator from Mississippi [Mr. COCH- tion or that the plan should not be ad- RAN], for himself, Mr. MCCAIN, Mr. LIEBER- Before announcing his new plan in justed as new developments occur, but MAN, Mr. GRAHAM, Mr. WARNER, Mr. STE- Iraq, the President sought input from we need to let the forces move forward VENS, Mr. BROWNBACK, Mr. SHELBY, Mr. his top military and civilian advisers, CRAIG, Mr. ALLARD, Mr. BENNETT, and Mr. along with Members of Congress, for- to brighten the prospects of stabilizing Iraq and bringing our troops home. ENZI, proposes an amendment numbered 643 eign leaders, and other military and to amendment No. 641. As Commander in Chief, the Presi- foreign policy experts. He acknowl- Mr. COCHRAN. Madam President, I dent needs our support. I support his edged there was no easy solution to the efforts and the efforts of our troops. ask unanimous consent that the read- situation in Iraq and the Middle East, ing of the amendment be dispensed The Senate should provide the re- and he determined a temporary deploy- sources necessary to accomplish this with. ment of additional U.S. troops in Iraq The PRESIDING OFFICER. Without mission, and these funds are included to support Iraqi security forces would in this bill. Troop levels and missions objection, it is so ordered. provide a new window of opportunity The amendment is as follows: need to be left to General Petraeus and for Iraqi political and economic initia- his commanders who ought to have the AMENDMENT NO. 643 tives to take hold and reduce sectarian flexibility to react to the situation on (Purpose: To strike language that would tie violence. This plan provides the best the ground in determining how to de- the hands of the Commander-in-Chief by hope to bring stability to the country imposing an arbitrary timetable for the ploy troops as needed. Congress should withdrawal of U.S. forces from Iraq, there- and to hasten the day when our troops not be tying the hands of our com- by undermining the position of American will come home. manders or limiting their flexibility to Armed Forces and jeopardizing the suc- Earlier this year the National Intel- respond to the threats on the battle- cessful conclusion of Operation Iraqi Free- ligence Estimate entitled ‘‘Prospects field. dom) for Iraq’s Stability: A Challenging The inclusion of unnecessarily re- On page 24, strike line 16 and all that fol- Road Ahead,’’ was delivered to the Con- strictive language will ensure a Presi- lows through page 26, line 24 and insert: gress. The National Intelligence Esti- dential veto, we are advised. In testi- ‘‘SEC. 1315. BENCHMARKS FOR THE GOVERN- mate indicated—and I am quoting now mony before the Appropriations Sub- MENT OF IRAQ.—’’ from an unclassified version: committee on Defense, we were told Mr. COCHRAN. Madam President, Coalition capabilities, including force lev- that the funding provided by this bill is this is an amendment to the committee els, resources, and operations, remain an es- needed by the end of April. We need to substitute which is now at the desk. sential stabilizing element in Iraq. If coali- speed this funding to our troops, rather The amendment will strike part of sec- tion forces were withdrawn rapidly during than slow it down by returning to a de- tion 1315 of the bill titled ‘‘Revision of the term of this Estimate— bate already settled by the Senate by a United States Policy on Iraq.’’ The ma- Which is 12 to 18 months— recorded vote. jority of section 1315 of this act is a re- we judge that this almost certainly would Madam President, I urge the support statement of S.J. Res. 9, the United lead to a significant increase in the scale and of my amendment. States Policy in Iraq Resolution of scope of sectarian conflict in Iraq, intensify The PRESIDING OFFICER. The Sen- 2007. Sunni resistance to the Iraqi government, ator from West Virginia is recognized. Two weeks ago, the Senate voted and have adverse consequences for national Mr. BYRD. Madam President, I ex- against adopting S.J. Res. 9 by a vote reconciliation. pect that a number of Senators will If such a rapid withdrawal were to take of 50 to 48. Section 1315 calls for a want to debate the Iraq amendment to- place, we judge that the Iraqi security forces morrow. I look forward to a good de- prompt transition of the mission in would be unlikely to survive as a non- Iraq to a limited mission; a phased re- sectarian national institution; neighboring bate on this matter. deployment of U.S. forces from Iraq countries—invited by Iraqi factions or uni- I yield the floor and I suggest the ab- within 120 days of enactment of this laterally—might intervene openly in the sence of a quorum. The PRESIDING OFFICER. The act; a goal of redeployment of all U.S. conflict; massive civilian casualties and forced population displacement would be clerk will call the roll. combat forces from Iraq by March 31, The bill clerk proceeded to call the 2008, except for a limited number essen- probable; Al-Qaida in Iraq would attempt to use parts of the country—particularly al roll. tial for protecting U.S. and coalition Anbar province—to plan increased attacks in Mr. KYL. Madam President, I ask personnel and infrastructure, training, and outside of Iraq; and spiraling violence unanimous consent that the order for and equipping Iraqi forces, and con- and political disarray in Iraq, along with the quorum call be rescinded. ducting targeted counterterrorism op- Kurdish moves to control Kirkuk and The PRESIDING OFFICER. Without erations. strengthen autonomy, could prompt Turkey objection, it is so ordered. Section 1315 also calls for a classified to launch a military incursion. The Senator from Arizona is recog- campaign plan for Iraq, including It is clear to me that it is in our na- nized. benchmarks and projected redeploy- tional interests to support the Presi- Mr. KYL. Madam President, I wish to ment dates of U.S. forces from Iraq. Fi- dent’s new strategy, to help provide an speak to the amendment that was laid nally, it also includes an expression of opportunity for political and economic down by Senator COCHRAN from Mis- the sense of Congress concerning solutions in Iraq, and for more effec- sissippi, an amendment to strike lan- benchmarks for the Government of tive diplomatic efforts in the Middle guage from the bill that is pending be- Iraq, along with a reporting require- East region. Of course, we know there fore us, language that would inhibit

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00014 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7583 the ability of our commanders on the sion of my remarks, a piece by William might as well figure out a way to get ground to carry out the message we Kristol and Frederick Kagan from the out. I haven’t heard my colleagues talk have asked them to perform in Iraq. Weekly Standard of April 2, 2007, enti- that way because, under that scenario, As we are all aware, this security tled ‘‘Wrong on Timetables.’’ you ought to cut off funding today and supplemental is designed to provide The PRESIDING OFFICER. Without not wait for the 6 or 8 or 10 months money for the conduct of our oper- objection, it is so ordered. called for under the resolution. As I ations in Afghanistan and Iraq. There Mr. KYL. Madam President, this said, the Senate defeated the virtually is a timetable here. The commanders piece by William Kristol and Frederick identical provision 2 weeks ago. One of have said they need, by April 15, the Kagan tries to take the arguments that the reasons is because our military is beginning part of this funding so they have been offered by the opposition in making progress. It is finding that, for can carry out the missions we have favor of a timetable and demonstrate example, in Sadr City, the mayor of asked them to perform. When I was why those arguments are incorrect. Sadr City essentially invited the Iraqi there about a month ago, this message The first of the arguments is that the and coalition forces in without a shot was given to me over and over when I Iraqi Government needs stimulus by being fired. The forces of Moqtada al- would say: Is there anything I can do us, or a threat by us, that if they don’t Sadr have either gone underground or for you: Senator make sure we get the hurry up and do what they are sup- disbanded. Al-Sadr himself is believed funding without the strings attached posed to do, we are going to pull out. to have gone to Iran. Prime Minister when we need that money. This kind of strings attached, there- Maliki has made it clear he is not So the President requested this secu- fore, makes some sense. They point out going to relent against the forces of rity supplemental appropriations bill. the fact that, first of all, the resolution the Sadr army. He has fired the Deputy The House has acted. The Senate has itself that was defeated in this body a Health Minister, one of Sadr’s allies. the bill before us this week. Madam week or so ago by a vote of 48 to 50, He has turned a deaf ear to the com- President, this funding bill will do no that resolution, which would have es- plaints of al-Sadr. He oversaw the good if it has limitations imposed in it tablished timetables, was defeated, cleaning out of the Interior Ministry, that prevent us from carrying out the among other things, because the Iraqis which was a stronghold that was cor- mission, and the President has already have already gotten the message. rupting the Iraqi police. He has worked said if language that sets a timetable It is not so much about sending a with other coalition leaders to deploy for the withdrawal of our troops is in- message to them as it is about sending the Iraqi units pursuant to the Bagh- cluded, he will be forced to veto the a message to our enemies and to our al- dad security plan. Interestingly, he has bill. We understand that. lies and to our own troops, which says also visited the sheik in Ramadi, which It makes no sense to me that we regardless of what you do, we are going is the capital of Anbar Province and would go ahead and pass such a bill, to be out by a certain date. The prob- formally the real base of al-Qaida oper- knowing the President will veto it, be- lem with the goals and with the spe- ations, and has gotten cooperation cause there would be no way for us to cifics that are supposed to be achieved, with the tribal leaders in that area to go back and redo it all before the April the benchmarks, so-called, in the legis- join us in the effort against al-Qaida 15 time, when the troops begin to need lation is that it matters not how well and other insurgents. this money. Many have suggested that the Iraqi Government performs; we are All of this is demonstrating coopera- this is actually a slow-bleed strategy still going to be out by a date certain. tion of the Government in Baghdad, on the part of some to put a poison pill So it is not the kind of message we clearly refuting the notion that some- in the bill, forcing the President to want to send to the Iraqi Government how the American policy has to be to veto it, knowing it means the troops and, clearly, not the kind we want to threaten the Iraqis to cooperate with would not get the money they need send to our enemies who simply know us or else we will leave and the only when they need it. I would rather like they have to just wait us out. way to do that is by expressing that to think that this is a genuine point of Another argument is that American through a timetable. Clearly, the Iraqi view on the part of some of my col- forces would be able to fight al-Qaida, Government is cooperating, and setting leagues who believe we should put and we don’t need to be involved in the arbitrary deadlines would send exactly strings attached on this funding and civil war of the Iraqis. It would take a the wrong message both to our allies somehow that will provide a more clear lawyer to figure that out. You are and, of course, to our enemies. way for us to achieve our mission. I going to have to have a lawyer with We need to express the view to our don’t understand it, but I suspect every squad on patrol to figure out allies that we will be there to protect somebody could argue that. whether they are fighting al-Qaida or them when the going gets tough. The What I would like to do is support somebody else or what kind of action enemy is not simply going to lie down Senator COCHRAN’s amendment to sim- can be taken. It is very hard to distin- and allow this plan to continue to ply strike this language from the bill. guish whom you are fighting when the work. They will fight back. As some- If the President is able to continue to fighting is going on. Al-Qaida is defi- body said, there are going to be good carry out the Petraeus plan and we nitely a problem. What did al-Qaida do? days and bad days, but our allies need have funding to do that, we will know They went over to bomb the Golden to know that we will be there in the soon enough whether it will enable us Mosque in Samarra, which got the Shi- bad days and that we won’t set an abso- to achieve the mission. By the sum- ites to decide they had to provide pro- lute deadline for getting out. mertime or thereabouts, if it appears tection with militias, which went over this surge is not working, then we will and attacked the Sunnis, who then The other point I made earlier is the know that as well. went over and attacked the Shiites and services need this supplemental appro- What I cannot understand is why achieved the objective that al-Qaida priations bill, and that is why it is nec- anybody would want to pull the rug out wanted: to foment violence among dif- essary for us to strike provisions of from under the troops just at the time ferent factions within the country. section 1315, provisions which would it appears the President’s strategy is Where do you draw the line against deny that funding without the strings beginning to work. When I was there, fighting al-Qaida and someone else if that are attached. there was already cautious optimism, someone else is doing al-Qaida’s bid- To this point, I also alluded to the signs of success of the plan—nobody ding? It is a very convoluted propo- fact that section 1315 is internally con- wants to declare success or victory, of sition. Clearly, you cannot have troops tradictory and self-defeating. As I said, course, but that those elements of suc- there to fight one specific enemy but it provides benchmarks for the Iraqi cess continue to be manifested and be not another, especially when they are leaders to meet and then says it reported on. so difficult to identify. doesn’t matter whether they meet I ask unanimous consent to have Finally, some think it is too late, them, we are out of here. The resolu- printed in the RECORD, at the conclu- that we have already lost, and we tion would not send any message that

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00015 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7584 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 is constructive in any way and cer- ‘‘maybe,’’ it is not an ‘‘if everything vote to get out and be done with it and tainly is not changing the behavior of goes well’’ or ‘‘if everything doesn’t go not fund the troops. But instead, there the administration. well,’’ it is a ‘‘shall commence’’ rede- are some—and I am not suggesting in There are some who might believe ployment. The goal is ‘‘with the goal of the Congress but there are some who they could support section 1315 because redeploying by March 31, 2008,’’ but the have talked about this as a very clever it is less restrictive than the House ‘‘shall commence’’ is pursuant to that strategy. They say the opponents of language. Indeed, it is somewhat less goal. So you have to start it, and then the President and the Congress are restrictive, although essentially a dis- you keep going, and your goal is to get going to be able to say they voted to tinction without a difference. it done by March 31, 2008. The only ex- support the troops because they voted This bill has to go to conference. ception is for the limited purposes of for a supplemental appropriations bill There has been a great deal of discus- leaving troops behind to protect our in- for that purpose, knowing all along, sion by pundits and others that the frastructure and coalition personnel, however, that it is a false exercise be- more liberal element in the House of training and equipping Iraqi forces, and cause it puts restrictions on the troops Representatives is going to insist upon, conducting targeted counterterrorism fighting the war that they can’t pos- at a bare minimum, the language that operations. sibly live with, so the President has to passed the House of Representatives How do you decide how many troops veto it. But he will get the blame, not which they felt was too moderate to you need to leave behind to conduct them. begin with. We are likely to get change targeted counterterrorism operations Well, that is too clever by half. The in a conference that is language the when virtually everything we are doing American people understand this. I President will have to veto, language in Iraq right now is counterterrorism? urge, if any of my colleagues are con- which is closer to the House language How do you decide we are going to be sidering supporting this for that rea- than the Senate language. I think, able to cut, say, in half the number of son, that they fail to appreciate that therefore, Senators should not be act- troops and still be able to effectively the American people, yes, would like to ing under the illusion that we can go conduct targeted counterterrorism op- bring our troops home, they would like ahead and pass this language and make erations? If you are driving down a to see this conflict ended, but, no, they sure that either in conference every- street to conduct a targeted counter- do not want it to end with an American thing gets taken out or at least this terrorism operation and somebody be- defeat. They do not want to see us de- language, rather than the more dif- gins firing on you, do you have to ask feated and, most especially, I can’t ficult House language, will be what is them whether they are a terrorist be- imagine anybody who wants to have sent to the President. fore you can return fire? Do you turn our troops continue the war for a lim- The reality is these are real bullets. to your lawyer sitting in the humvee ited duration of time under rules which This is not something with which to with you: I want to comply with the put them in great danger, which is play around. I don’t think we can be law, so can I shoot back or not? what this would do. So the President voting for something just because This is ludicrous. We cannot impose has to veto it. maybe in the conference committee we these kinds of conditions on our troops What happens when he vetoes the can try to make it a little bit better. in the middle of combat and expect bill, if this is the form in which we pass Madam President, I wish to get to them to perform their mission safely. it? We are now beyond April 15, the this point that will, perhaps, put this We send the best trained and best time the troops need the money, and in perspective. I can’t remember an- equipped troops into harm’s way, and yet Congress has still not acted to pro- other time in history when the United we need to give them the other tool vide the security supplemental fund- States in the middle of a war has set a they need to prevail; that is, the abil- ing. The Defense Department now has deadline and basically told the world: ity to carry out their mission as their to terminate contracts so they can We will be out by this specific date. To commanders have defined it for them, switch money from this account over state the proposition is to illustrate not as it is micromanaged by a bunch to this account and begin a very costly how odd and destructive a proposition of lawyers in Washington or Members and time-consuming process of trying it is. If someone can come to the floor of the Congress. to make do while Congress makes up and tell me when this has been done in So, No. 1, this isn’t just a wish that its mind, to make sure they can get the the past and when it has had a salutary we redeploy. It begins ‘‘shall com- money to the troops so they can con- effect on the conflict, I would be very mence the phased redeployment not tinue their operations. interested and would certainly be will- later than 120 days after the date of en- Maybe secretly there are some out ing to listen to how that might have a actment of this act,’’ and the goal is to there who hope all of this will gradu- positive effect here. But even col- have it all done by March 31 of next ally reduce the ability of the troops to leagues on the other side of the aisle year. That is so destructive in the mid- perform their mission so that it be- several months ago expressed them- dle of war that I just can’t believe my comes a proposition where our strat- selves on the matter of timetables and colleagues would actually contemplate egy, even under the best of cir- deadlines, and they know who they are; doing that or that they can believe cumstances, can’t succeed. In other they acknowledge this is not the way putting these kinds of limitations on words, the Petraeus plan fails because to fight a war. One thing you cannot do our troops is a realistic way to fight a we couldn’t get the support to the is tell the enemy when you are going to war—conducting targeted counterter- troops when they needed the support. be leaving because it simply allows the rorism operations but not returning I hope that certainly my colleagues enemy to wait you out. Nothing has fire against, what, against somebody in the House and Senate will not buy changed. That fact still remains, and it defined as an insurgent, maybe? I don’t into that proposition, will not pull the seems almost inconceivable to me that understand it, and I don’t know how rug out from under our troops just Members now would be deciding it is many lawyers it is going to take to un- when it appears this plan is showing now OK to set a deadline and to set derstand it. Our troops on the ground signs of success. That slow-bleed strat- timetables. who are in the middle of a conflict cer- egy would not only ensure that we Some might argue that it is just a tainly are not going to be able to fight would lose everything we have gained goal, it is not a timetable. But the re- and defend themselves under restric- so far, including the prospect of a suc- ality is there are both embodied in this tions such as these, which is, I gather, cess, but that our troops would be put section which we seek to strike. The precisely why the President says he in more danger now than they would be beginning phrase is, ‘‘The President will have to veto it. either by supporting them or simply by shall commence the phased redeploy- That gets me to my last point. I can leaving. It would leave them in a mid- ment of United States forces from Iraq understand why, Madam President, if dle ground, in the middle of a fire but not later than 120 days after the date of you felt this was a lost cause, you without the ability to properly defend enactment of the act.’’ That is not a would want to just say: Let’s have a themselves.

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00016 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7585 Maybe some believe that would force President vetoes the bill and it then oversaw a clearing-out of the Interior Min- our hand and just bring them home takes us forever to get a clean bill to istry, a Sadrist stronghold that was cor- anyway, acknowledge defeat, and be the President, with the result that the rupting the Iraqi police. He has worked with done with it. I don’t think that is what troops don’t have the funding they coalition leaders deploy all of the Iraqi Army units required by the Baghdad Secu- the American people want. If anybody need and the strategy that is currently rity Plan. In perhaps the most dramatic is thinking that is the strategy behind working becomes a self-fulfilling move of all, Maliki visited Sunni sheikhs in this proposition, I think they are not prophecy for those who say it can’t Ramadi, the capital of Anbar province and only misreading American public opin- work because they have denied the formerly the base of al Qaeda fighters and ion but do not have the best interests funds for it to work, or these provi- other Sunni Arab insurgents against his gov- of our troops in mind. sions remain and, of course, it is im- ernment. The visit was made possible be- Since that is the rationale behind possible to conduct operations with cause Anbar’s sheikhs have turned against al this resolution, as offered by my col- these strings attached for our troops. Qaeda and are now reaching out to the gov- ernment they had been fighting. Maliki is leagues, I am sure that is not the case. Either way, it is a heck of a way to reaching back. U.S. strength has given him But that is why we need to strike this fight a war. And it illustrates to me the confidence to take all these important particular section from the bill. that we ought not try to micromanage steps. We will talk later about some other this conflict from the Halls of Con- (2) American forces would be able to fight items that need to be stricken as well. gress. We have plenty of other things al Qaeda at least as well, if not better, if It is amazing to me, and I won’t get that should occupy our time than de- they were not also engaged in a sectarian into all the pork that is in this bill, but veloping a strategy and the rules of en- civil war in Iraq. The idea of separating the here we have a security supplemental, gagement for fighting a war when we fight against al Qaeda from the sectarian emergency funding to support the have perfectly good people, such as fighting in Iraq is a delusion. Since early troops, and we decide to lard it up with General Petraeus who was unani- 2004, al Qaeda in Iraq (AQI) has sought to all manner of items that are not emer- mously confirmed by this body, to de- plunge Iraq into sectarian civil war, so as to critically weaken the government, which is gencies, have nothing to do with sup- velop a plan and see to it that it is fighting it. AQI endeavors to clear Shiites porting the troops, but because every- properly executed. We have sent him out of mixed areas, terrorize local Sunnis body knows this is a must-pass bill, over to do it. I suggest we give him and into tolerating and supporting AQI, and they figure this is a real good oppor- his troops the support they need to get thereby establish safe havens surrounded by tunity for them to get things in the the job done. innocent people it then dragoons into the bill that might otherwise be very dif- I would support the amendment of struggle. Now, heartened by the U.S. com- ficult to pass in the Congress. the Senator from Mississippi to strike mitment to stay, Sunni sheikhs in Anbar Just a couple ideas: $3.5 million re- this section from the bill. have turned on AQI. In response, AQI has lated to guided tours of the U.S. Cap- begun to move toward Baghdad and mixed Madam President, I yield the floor. areas in Diyala, attempting to terrorize the itol. I am all for guided tours of the [From the Weekly Standard, Apr. 2, 2007] locals and establish new bases in the result- U.S. Capitol, but is this an emergency? WRONG ON TIMETABLES ing chaos. The enemy understands that There is $13 million for mine safety (By William Kristol and Frederick W. Kagan) chaos is al Qaeda’s friend. The notion that research. I am sure mine safety is im- we can pull our troops back into fortresses in portant to research. Is this an emer- Let’s give congressional Democrats the a climate of chaos—but still move selec- benefit of the doubt: Assume some of them gency which can’t be put in a regular tively against al Qaeda—is fanciful. There earnestly think they’re doing the right thing can be no hope of defeating or controlling al appropriations bill? to insist on adding to the supplemental ap- We are targeting funding for sugar Qaeda in Iraq without controlling the sec- propriation for the Iraq war benchmarks and tarian violence that it spawns and relies beets. I presume I like sugar beets—I timetables for withdrawal. Still, their own upon. am not sure—but I don’t think it is an arguments—taken at face value—don’t hold emergency for which we need to spend up. (3) Isn’t it too late? Even if we now have the right strategy and the right general, can $24 million. Democrats in Congress have made three superficially plausible claims: (1) Bench- we prevail? If there were no hope left, if the There is another $3 million funding Iraqis were determined to wage full-scale for sugarcane, which I understand goes marks and timetables will ‘‘incentivize’’ the Maliki government to take necessary steps civil war, if the Maliki government were to one Hawaiian cooperative. it would prefer to avoid. (2) We can gradually weak or dominated by violent extremists, if Here is something which would ap- withdraw over the next year so as to step out Iran really controlled the Shiites in Iraq—if peal to all the politicians: $100 million of sectarian conflict in Iraq while still re- these things were true, then the new strat- for security related to the Republican maining to fight al Qaeda. (3) Defeat in Iraq egy would have borne no fruit at all. Maliki and Democratic Presidential nomi- is inevitable, so our primary goal really has would have resisted or remained limp as be- nating conventions. Is that next to be to get out of there. But the situation in fore. Sadr’s forces would have attacked. Coa- Iraq is moving rapidly away from the as- lition casualties would be up, and so would month, Madam President? I have for- sectarian killings. But none of these things gotten. Nominating conventions would sumptions underlying these propositions, and their falseness is easier to show with has happened. Sectarian killings are lower. be in July and August, not of this year each passing day. And despite dramatically increased oper- but the following year—not exactly an (1) The Iraqi government will not act re- ations in more exposed settings, so are emergency we need to fund in an emer- sponsibly unless the imminent departure of American casualties. This does not look like gency security supplemental to con- American forces compels it to do so. Those hopelessness. duct this war. who sincerely believe this argument were Hope is not victory, of course. The surge Do my colleagues hear what I am horrified by the president’s decision in Janu- has just begun, our enemies are adapting, saying? Politicians have decided this is ary to increase the American military pres- and fighting is likely to intensify as U.S. and a good train to get on board because it ence in Iraq. It has now been more than ten Iraqi forces begin the main clear-and-hold has to move, we have to fund the weeks since that announcement—long phase. The Maliki government could falter. enough to judge whether the Maliki govern- But it need not, if we do not. Unfortunately, troops. Since it is hard for us to get the ment is more or less likely to behave well four years of setbacks have conditioned Senate and the House to act on these when U.S. support seems robust and reliable. Americans to believe that any progress must items otherwise, we will just try to at- In fact, since January 11, Prime Minister be ephemeral. If the Democrats get their way tach them to this bill. Nuri al-Maliki has permitted U.S. forces to and Gen. Petraeus is undermined in Con- We will have other amendments to sweep the major Shiite strongholds in Bagh- gress, the progress may indeed prove short- try to remove these extraneous mat- dad, including Sadr City, which he had or- lived. But it’s time to stop thinking so hard ters from this funding bill. But what I dered American troops away from during op- about how to lose, and to think instead wanted to talk about today was pri- erations in 2006. He has allowed U.S. forces about how to reinforce and exploit the suc- to capture and kill senior leaders of Moktada cess we have begun to achieve. The debate in marily my concern that if we don’t al-Sadr’s Mahdi Army—terrifying Sadr into Washington hasn’t caught up to the realities strike this section which has the time- fleeing to Iran. He fired the deputy health in Baghdad. Until it does, a resolute presi- tables for withdrawal, then one of two minister—one of Sadr’s close allies—and dent will need to prevent defeatists in Con- things is going to happen: Either the turned a deaf ear to Sadr’s complaints. He gress from losing a winnable war in Iraq.

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00017 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7586 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 Mr. CORNYN. Madam President, I tary will be forced to consider the fol- timetable it imposes for our troops’ ask unanimous consent to speak for up lowing: curtailing and suspending withdrawal from Iraq but also because to 15 minutes. home station training for Reserve and the bill is full of pork. The PRESIDING OFFICER. Without Guard units; slowing the training of In today’s edition of the Politico, objection, it is so ordered. units slated to deploy next to Iraq and they did a fine job of identifying some Mr. CORNYN. Madam President, I Afghanistan; cutting the funding for of the most egregious examples of pork agree with the Senator from Arizona upgrading and renovating the barracks included in the House bill. They high- that the consequences of playing poli- and other facilities that support qual- lighted $5 million for tropical fish tics with this important funding for ity of life for our troops and their fami- breeders and transporters for losses our troops is simply the wrong strat- lies; and stopping the repair of equip- from a virus last year; $25 million for egy; that what we have is a game of ment necessary to support predeploy- spinach that growers and handlers were chicken between the House of Rep- ment training. This is what Secretary unable to market, up to 75 percent of resentatives, which is larding up a sup- of Defense Robert Gates has said on their losses; $60.4 million for the Na- plemental appropriations bill with a March 22, 2007. tional Marine Fisheries Service to be bunch of extraneous pork, and the If the supplemental is not passed by distributed among fishing commu- President, recognizing that there are May 15, the military will be forced to nities, Indian tribes, individuals, small nonsecurity provisions in that supple- consider the following: reducing the re- businesses, including fishermen, fish mental appropriations, has said if that pair work done at Army depots; delay- processors, and related businesses, and and the timetable for withdrawal from ing or curtailing the deployment of bri- other persons for assistance to miti- Iraq is included as part of this emer- gade combat teams to their training gate the economic and other social ef- gency supplemental, he will veto it. So rotations. This, in turn, will cause ad- fects by a commercial fishery failure. this is a high-risk game of chicken, ditional units in theater to have their It also includes $74 million for the with the impact of delaying passage of tours extended because other units are payment of storage, handling, and the supplemental being felt directly by not ready to take their place. Delaying other associated costs for the 2007 crop our troops on the ground, if that is in the formation of new brigade combat of peanuts to ensure proper storage of fact the result. teams; implementation of civilian hir- peanuts for which a loan is made, and Last week, Secretary Gates made ing freeze; prohibiting the execution of the House bill also includes $120 mil- clear the consequences of not quickly new contracts and service orders, in- lion for the shrimp and menhaden fish- passing the supplemental funding nec- cluding service contracts for training ing industries to cover consequences of essary to support our troops. The events and facilities; and, finally, hold- Hurricane Katrina. downstream effects will directly im- ing or canceling the order of repair Now, I have to confess, even though I pact our soldiers, sailors, marines, and parts to nondeployed units in the like to fish a little myself, I had never airmen. By not moving expeditiously Army. even heard of menhaden, so I went on to pass a clean supplemental bill that All of these, according to Secretary the Internet to something called the can pass the Senate and be signed by of Defense Robert Gates, on March 22, Menhaden Fact Sheet. This is, if you the President, the majority risks ex- 2007. will recall, $120 million for the shrimp tending the tours of our troops sched- When the new majority took over and menhaden fishing industries to uled to come home from Iraq and slow- Congress, they promised change. In cover consequences of Hurricane ing the repair of equipment necessary fact, the first bill passed in the Senate Katrina. Well, as it turns out, accord- to equip them, as well as the training was an ethics bill that, in part, helped ing to the Wikipedia, the free encyclo- of Iraqi soldiers who are designed to re- improve transparency in the way we pedia on the Internet, the menhaden place them. spend taxpayers’ money in Washington. are fish of the—well, I can’t even pro- Any delay in funding will not prevent While that ethics bill remains in limbo, nounce the Latin phrase, but they are a buildup of security forces in Iraq but, the 110th Congress has returned to the of the herring family. instead, threaten to dramatically im- tried-and-true technique of inserting It says here, describing this menha- pact forces already on the ground. Sec- mystery earmarks that have nothing den that the taxpayer is being asked to retary Gates has said this kind of dis- to do with funding our troops or fight- pay $120 million in this emergency war ruption to key programs will have a ing the war on terror into a war supple- supplemental: to support the gulf men- genuinely adverse effect on the readi- mental bill. haden and Atlantic menhaden which ness of the Army and the quality of life During the election season, many on are characterized by a series of smaller for soldiers and their families. So I the other side called the 109th Congress spots behind the main, humeral spot can’t imagine why in the world our col- the ‘‘do-nothing’’ Congress. The 110th and larger scales than yellowfin men- leagues on the other side of the aisle, Congress is quickly becoming the ‘‘say haden and finescale menhaden. In addi- the new majority, would want to risk anything and do-nothing Congress’’ tion, yellowfin menhaden tail rays are that. when it comes to fiscal discipline. Last a bright yellow in contrast to those of This supplemental is necessary to week, when the Senate debated the the Atlantic menhaden, which are pay for training and equipping the sol- budget, the majority spoke of the need grayish. Menhaden range in weight up diers in Iraq and Afghanistan. If ap- for fiscal discipline, even as it passed to 1 pound or more. At sea, schools of proved, the supplemental will pay for the $700 billion tax hike for taxpayers Atlantic menhaden may contain mil- military operations in Iraq and Af- over the next 5 years. lions of members. Common names for ghanistan, repairing and replacing The chairman of the Senate Budget Atlantic menhaden are mossbunkers equipment damaged or destroyed in Committee was quoted as saying: and fatback. In Florida, yellowfin men- combat, and new technologies to pro- We have a responsibility to govern, and haden are called pogies, and are the tect U.S. servicemembers. This last you can’t govern without a budget. preferred species for use as strip bait. provision includes a new generation of But governing takes more than sim- This is important. It talks about the body armor, better armored vehicles, ply passing a budget. Governing also range, since this is supposedly done as and countermeasures against impro- includes the discipline to live within a part of the Hurricane Katrina relief vised explosive devices. IEDs have budget. measure. It says gulf menhaden range caused about 70 percent of the casual- Unfortunately, both the Senate and from the Yucatan Peninsula to Tampa ties in Iraq. The supplemental also will the House failed in their first test by Bay, FL, with finescaled menhaden provide funding for training and equip- including billions more in the war sup- from the Yucatan to Louisiana—I ping the Iraqi and Afghan security plemental than the President re- guess we are getting a little closer now forces. quested. As I mentioned, President to where Hurricane Katrina hit—yel- If this supplemental appropriations Bush has already threatened to veto lowfin menhaden from Louisiana to bill is not passed by April 15, the mili- the House bill; not all because of the North Carolina, the Atlantic menhaden

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00018 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7587 ranges from Jupiter Inlet, FL, to Nova colleagues seemed to have forgotten all way to put in relief what is wrong with Scotia. The various species of menha- of that when they put together the sup- these firings is to remember Alex den occur anywhere from estuarine plemental appropriations bill. Haley’s admonition, ‘‘Find the Good waters outward to the Continental Madam President, I yield the floor, and Praise It,’’ and point to an example Shelf. and I suggest the absence of a quorum. of how political appointees can by their It says that menhaden are essentially The PRESIDING OFFICER (Ms. STA- courageous action earn respect for the filter feeders, straining microscopic BENOW). The clerk will call the roll. administration of justice. plankton, algae, et cetera, from the The bill clerk proceeded to call the I have a personal interest in the ex- water they swim through open- roll. ample I offer. Nearly 30 years ago—on mouthed. Unlike mullet, they are not Mr. ALEXANDER. Madam President, January 17, 1979—I was sworn into of- bottom feeders. Due to their feeding I ask unanimous consent the order for fice 3 days early as Governor of Ten- habits, they must be caught by cast the quorum call be rescinded. nessee in order to prevent the incum- netting to be used as live bait. The PRESIDING OFFICER. Without bent Governor from issuing 52 pardons This is the most interesting part of objection, it is so ordered. The Senator and commutations to prisoners the FBI the article. It says: menhaden are not from Tennessee is recognized. believed had paid cash for their release. used for human consumption. Most re- Mr. ALEXANDER. Madam President, The U.S. Attorney for the Middle cently, menhaden has begun to be ex- I ask unanimous consent to speak as in District of Tennessee, Hal Hardin—a ploited as a source of omega-3 fatty morning business for up to 8 minutes. Democrat appointed by President Car- acid fish oil for commercial human The PRESIDING OFFICER. Without ter—telephoned to ask me to take of- consumption, further threatening men- objection, it is so ordered. fice early. Hardin was working with the State attorney general, William haden populations. f I certainly don’t know what the pur- Leech, another Democrat, to arrange pose is of this $120 million for shrimp FIRING OF U.S. ATTORNEYS the unprecedented early swearing-in. and the menhaden fishing industries, Mr. ALEXANDER. Madam President, Because Hardin and Leech were able to but I can’t see in this description, or my late friend Alex Haley, the author rise above partisanship, the Speakers anywhere else in this legislation, why of Roots, lived his life by 6 words: of the Senate and House and Chief Jus- this is an emergency or why it ought to ‘‘Find the Good and Praise It.’’ I tice as well as the Secretary of State— be included in an emergency war sup- thought of those 6 words in connection also all Democrats—participated in my plemental. If anything, the inclusion of with the current discussion about the early swearing-in and the ouster of a this kind of appropriation in this emer- firing of 8 United States Attorneys. Democratic incumbent Governor. gency war supplemental in the House The Democrats are making political As it turned out, I was the only Re- publican in the group. bill trivializes the importance of pro- hay out of these firings at a time when As then-Speaker of the House and viding the money that will help our the Senate should be focused on Iraq, later Governor Ned McWherter said, troops deployed in Afghanistan and terrorism, health care costs, excessive federal spending, energy independence ‘‘We are Tennesseans first.’’ Iraq in harm’s way. The story of January 17, 1979 was re- and keeping our brainpower advantage Here is what the Senate bill included: cently retold by Judge William C. so we can keep our good jobs here in- $24 million for funding of sugar beets; Koch, Jr., a member of the Tennessee $3 million funding for sugar cane, all of stead of seeing them move overseas. Court of Appeals, in the March 2007 which goes to a Hawaiian cooperative; U.S. Attorneys have always been po- issue of the Nashville Bar Journal. $100 million for dairy product losses; an litical appointees serving at the pleas- Judge Koch was on the staff of the additional $31 million for a 1-month ex- ure of the president. President Clinton State attorney general at that time tension of the Milk Income Loss Con- fired them all on his first day in office. and later was counsel when I was Gov- tract Program; 13 million for Ewe Such partisanship is nothing new. ernor. Lamb Replacement and Retention Pro- Former Attorney General Griffin Bell In the spirit of ‘‘Find the Good and gram; $115 million for the conservation recently said that the custom once was Praise It,’’ I offer for the RECORD Judge security program; $100 million for for U.S. attorneys simply to vacate Koch’s article as an example of how small agricultural dependent busi- their offices on the day a new president our system of political appointment of nesses; $13 million for mine safety was inaugurated, knowing that new po- U.S. Attorneys can and should operate, technology research; $50 million for litical appointees would soon arrive to in contrast to the example of the 8 fisheries disaster mitigation fund. take their desks. firings and the response to those There is so much pork included in In the summer of 1963, in between my firings that we are discussing today. this supplemental appropriations bill, first and second year at New York Uni- There being no objection, the mate- both in the House version and in the versity Law School, I worked in Attor- rial was ordered to be printed in the Senate proposal, that it warranted a ney General Robert Kennedy’s office as RECORD, as follows: front-page story and editorial in USA an intern. I was so impressed that, [From the Nashville Bar Journal, Mar. 2007] Today. An editorial in USA Today after graduation, I drove to Chat- THEY WERE TENNESSEANS FIRST questioned: tanooga to apply for a job as an Assist- (By Judge William C. Koch, Jr.) Which is worse: Leaders offering peanuts ant U.S. Attorney. The interview went Cries of ‘‘let’s kill all the lawyers’’ have for a vote of this magnitude, or Members al- fine until the U.S. Attorney for the been heard ever since Shakespeare wrote lowing their votes to be bought for peanuts. Eastern District of Tennessee asked Henry VI. Some believe that lawyers and The editorial went on to conclude: about my politics. judges have caused—or at least contributed to—most of society’s ills. Because the legal These provisions demean a bill that, if en- ‘‘I’m a Republican,’’ I said. profession provides such a convenient target, acted, would affect the lives of troops in Iraq ‘‘Sorry,’’ he said, ‘‘We only hire lawyer-bashing remains fashionable in some and Afghanistan, the balance of power in the Democrats.’’ circles. Middle East and America’s long-term secu- ‘‘But the Attorney General said the Despite the din of criticism, the truth is rity. administration of justice was non-par- that our nation has looked to lawyers for In short, what we have is that my tisan,’’ I replied. guidance and leadership in times of crisis. colleagues on the other side of the aisle ‘‘That word hasn’t gotten down An appellate lawyer from Virginia wrote the are willing to put money into pet here,’’ the U.S. Attorney said. Declaration of Independence. A trial lawyer projects—which may or may not be Yet the historic political nature of from Illinois signed the Emancipation Proc- worthy endeavors, we will never these appointments is no excuse for the lamation. A former criminal prosecutor led the citizens of New York during the dark know—and yet are unwilling to ade- excessive partisanship, amateurishness days following the destruction of the Twin quately fund the needs of our military. and bumbling exhibited by the firing of Towers. And it was a Tennessee lawyer who, For all their talk of earmark reform these eight U.S. Attorneys in the mid- as a member of the Senate Watergate Com- and transparency earlier this year, my dle of the President’s term. The best mittee, helped establish that not even the

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00019 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7588 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 President of the United States is above the decided against releasing the opinion to the ocrat, had been appointed United States At- law. public immediately. torney by President Jimmy Carter in July Lawyers and the courts have also been in- On January 5, 1979, Governor Blanton con- 1977. Prior to that appointment, he had been strumental in facilitating orderly transi- firmed that he had been notified that he was the widely respected presiding judge on the tions of governmental power in times of con- a target of the federal grand jury ‘‘clemency Circuit Court for Davidson County. In fact, troversy and unrest. Most recently, the na- for cash’’ investigation. In addition, the Governor Blanton himself had placed Mr. tion and the world looked on as lawyers and United States Attorney for the Middle Dis- Hardin on the bench in 1975. Despite Gov- courts resolved the legal disputes sur- trict of Tennessee sent a letter to the parole ernor Blanton’s protestations that the rounding the 2000 presidential election. Al- board identifying twenty-six prisoners who ‘‘clemency for cash’’ investigation was a par- most thirty years ago, two Tennessee law- were implicated in the growing ‘‘clemency tisan Republican conspiracy, Hardin had yers orchestrated one of this country’s most for cash’’ investigation. Despite these devel- been involved with the investigation for unique transitions of governmental power opments, Governor Blanton continued to more than a year. right here in Tennessee. My purpose is to re- joke with the press about his plans to pardon Mr. Hardin had learned from a confidential count some of what Hal Hardin and Bill Roger Humphreys. source that Governor Blanton was preparing Leech did in less than twenty-four hours on Even though the Attorney General’s opin- to issue clemencies for 18 to 20 more pris- Wednesday, January 17, 1979. ion was not released to the public until Jan- oners who were implicated in the ongoing Governor Ray Blanton’s administration uary 15, 1979, rumors about the possibility of ‘‘clemency for cash’’ investigation. Rather was clouded by controversy from its very be- an early swearing-in began to circulate on than waiting for events to unfold, Mr. Har- ginning in January 1975. Many of these con- Capitol Hill. Speaker of the House Ned Ray din, without the knowledge of the FBI or his troversies involved state prisoners. In Octo- McWherter confirmed that the General As- staff, telephoned Lamar Alexander on the ber 1976, a rumored federal ‘‘clemency for sembly might inaugurate the Governor-elect morning of January 17, 1979. He told Alex- cash’’ investigation made front page head- early if Governor Blanton issued any mass ander that he was calling as a Tennessean lines when FBI agents raided the office of commutations. Lamar Alexander, an accom- and explained that he had received reliable Governor Blanton’s lawyer and seized over plished lawyer himself, downplayed the At- information that Governor Blanton was pre- one hundred files. In August 1977, the Gov- torney General’s opinion. After consulting paring to issue additional clemencies, and he ernor fired Marie Ragghianti, his hand- privately with the Speaker McWherter and recommended that the Governor-elect con- picked chairman of the parole board. Ms. Lieutenant Governor John Wilder, he stated sider taking office three days early in what Rigghianti hired Fred Thompson, and litiga- that it would be ‘‘totally inappropriate for Lamar Alexander later described as a ‘‘swift tion followed. me to assume power wholly on my own ini- and secret coup.’’ Perhaps the most notorious controversy tiative.’’ Lamar Alexander had high regard for Hal involved Roger Humphreys, the son of one of Speaker McWherter’s fears were realized Hardin. However, rather than acting on his Governor Blanton’s political allies, who had on Monday, January 15, 1979. Around 8:00 own, he asked Hardin relay the information been convicted in 1975 of murdering his p.m. on that cold, rainy evening, Governor to Speaker McWherter, Lieutenant Governor former wife and her boyfriend. Humphreys Blanton returned to his office in the Capitol. Wilder, and General Leech. Hardin placed shot his two victims eighteen times with a He was joined by his new lawyer and his separate telephone calls to Speaker two-shot derringer. Governor Blanton ar- Commissioner of Correction, and later by McWherter and Lieutenant Governor Wilder. ranged for Humphreys to become a trustee Secretary of State Gentry Crowell. Over the He suggested a meeting among the three of and then gave him a job as a state photog- course of the next three hours, Governor them. Speaker McWherter and Lieutenant rapher. When questioned, the governor in- Blanton signed clemency papers for 52 pris- Governor Wilder decided against the meeting sisted that Humphreys was ‘‘a fine young oners, including Roger Humphreys. As he because they were concerned that a private man’’ and bragged that he planned to pardon signed Humphreys’s papers, the Governor meeting might violate the Sunshine Law. In- Humphreys before he left office. commented, ‘‘This takes guts.’’ Mr. Crowell stead, they asked him to meet with General The reaction to Governor Blanton’s prom- replied, ‘‘Yeah, well some people have more Leech. Mr. Hardin telephoned General Leech, ise to pardon Roger Humphreys was swift guts than they’ve got brains.’’ and a short time later, General Leech and and furious. The Tennessee House of Rep- The press corps quickly learned that Gov- two senior members of his staff met with Mr. resentatives passed HJR 271 urging Governor ernor Blanton was in his office, and the re- Hardin in a hotel room across the street Blanton not to pardon him. A bipartisan porters were waiting for him when he left from the federal courthouse that Hardin had committee, chaired by former Governor Win- the Capitol after 11:00 p.m. The Governor rented under an assumed name. Both Hardin field Dunn, a Republican, and John Jay confirmed that he had signed a number of and Leech understood that they had been Hooker, a prominent Democrat, started a clemency documents, but he was coy about given the responsibility to chart a course of statewide petition drive to urge the Gov- how many and for whom. Governor Blanton action for the leaders of state government. ernor not to pardon Humphreys. Governor did not tell the reporters that Rogers The discussion was tense and sometime heat- Blanton announced on the eve of the 1978 Humphreys’s clemency was being hand-car- ed despite their close personal and profes- general election that ‘‘after prayerful con- ried to the state prison at that very moment. sional relationship. For several hours, they sideration’’ he would not pardon Humphreys. By the time the Secretary of State con- reviewed Opinion No. 79–3 and eventually de- However, two weeks after the election, Gov- firmed that Humphreys was among the 52 termined that the original opinion was cor- ernor Blanton announced that he had prisoners receiving clemencies, Humphreys rect. They also discussed how Governor changed his mind and that he was again con- had already left the prison a free man. Blanton might react and formulated contin- sidering a pardon for Humphreys. News of the 52 late night clemencies hit gency plans. When the meeting concluded, The public’s outrage increased during De- like a bombshell on January 16, 1979. State both General Leech and Mr. Hardin agreed to cember 1978. The FBI arrested Governor and federal officials—both Democrat and Re- advise the state officials that the only way Blanton’s lawyer in his office at the Capitol publican—expressed dismay and began look- to prevent Governor Blanton from issuing and charged him with selling pardons. The ing for ways to undo what Governor Blanton more clemencies would be for Lamar Alex- lawyer had clemency papers and marked had done. The Governor’s office fueled the ander to take the oath of office immediately. money in his possession when we was ar- controversy when the Governor’s new lawyer Mr. Hardin returned to his office following rested. One week later, Governor Blanton ap- announced that Governor Blanton might the meeting in the hotel room. General peared before a federal grand jury and pro- issue 18 more clemencies, including one ‘‘big Leech telephoned Lamar Alexander. He told claimed as he was leaving the courthouse, ‘‘I name,’’ before the governor-elect’s inaugura- the Governor-elect that despite his earlier have nothing to hide.’’ tion. misgivings about Opinion No. 79–3, he was Governor Blanton’s activities eventually General Leech was in Washington on Janu- now convinced that state law permitted the prompted Senator Victor Ashe, a Republican ary 16, 1979 to argue a case before the United Governor-elect to assume office before the from Knoxville, to ask William M. Leech, States Supreme Court. His pregnant wife had inauguration and that removing Governor Jr., Tennessee’s new Attorney General, to also gone into labor. He completed the argu- Blanton from office was not only appropriate decide whether the governor-elect could be- ment and telephoned his office with direc- but necessary. Then General Leech met with come governor before the inauguration set tions to modify Opinion No. 79–3 to state Speaker McWherter and Lieutenant Gov- by the legislature for January 20, 1979. While that a court might hold that the Governor- ernor Wilder and reiterated what he had told Bill Leech, a populist Democrat from Santa elect could only take the oath of office at the Governor-elect. The legislative leaders Fe, had been in the eye of the storm before, the scheduled inauguration. General Leech were convinced that Governor Blanton he did not relish answering this question. On arrived in Nashville later that evening and should be removed from office, and Speaker January 3, 1979, his office issued Opinion No. went directly to the hospital. His son was McWherter telephoned Lamar Alexander and 79–3 concluding that Republican Governor- born the next morning. told him, ‘‘It’s time for leadership . . . We elect Lamar Alexander could take the oath It was at this point that Hal D. Hardin, the will support you.’’ of office and become governor any time after United States Attorney in Nashville, stepped Numerous telephone conversations involv- midnight on January 15, 1979. General Leech up to the plate. Hardin, a ‘‘yellow dog’’ Dem- ing Lamar Alexander, Speaker McWherter,

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00020 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7589 Lieutenant Governor Wilder, and General Alexander announced that ‘‘today ought to begin 120 days after passage, regardless Leech followed. be a happy one because the people and their of conditions on the ground, regardless They agreed that bipartisanship was essen- government are back together again.’’ of the recommendations of General tial and that Tennessee’s citizens should un- Courage does not always draw attention to Petraeus, regardless of the opinions of derstand that Tennessee’s elected leaders itself. Hal Hardin did not attend the inau- our partners in Iraq and throughout were united in this decision. They decided guration. Bill Leech was present but did not that the legislative leaders, the constitu- play a prominent role in the ceremonies. the region, regardless of whether secu- tional officers, and the Attorney General— While Lamar Alexander, Ned Ray rity is improving or deteriorating, the all Democrats—should be present at the McWherter, and John Wilder deserve credit most significant of all. The withdrawal ceremony, and they agreed on a statement for their personal courage and decisive dem- would be ordered by this section of the that Alexander would read before he took onstration of bipartisanship, the principal bill regardless of whether security was the oath of office. They also decided that the figures in this political drama agree that the improving or deteriorating on the ceremony should take place in the court- events of January 17, 1979 would not have un- ground. It is the wrong measure at the room at the Supreme Court Building in folded the way they did had it not been for wrong time. Ultimately, it will be a lot Nashville and that Chief Justice Joseph Hal Hardin and Bill Leech. These lawyers of sound and fury that signifies noth- Henry, also a Democrat, should be invited to placed the rule of law and governmental in- administer the oath of office. tegrity ahead of political expediency and ing but, more importantly, that accom- Shortly after 5:00 p.m., Speaker personal reputation. In the words of Speaker plishes nothing and may do harm. McWherter, Lieutenant Governor Wilder, the McWherter, they were Tennesseans first and Why do I say it will accomplish noth- constitutional officers, and the members of their actions sprang from their desire to pro- ing? Because everyone in this Chamber the media walked from the Legislative Plaza tect the interests of all Tennesseans, regard- knows that the President of the United to the Supreme Court. They were joined less of party. States could not have been more clear: there by Lamar Alexander, his family, and Mr. ALEXANDER. I thank the Sen- If section 1315 is in this bill and is sent several of Alexander’s senior advisors. Chief ator from Washington. I yield the floor. to his desk, he will veto it. In my opin- Justice Henry administered the oath. The ion, he should veto it. Everyone in this f somber ceremony lasted six minutes. The Chamber knows there are not the votes press conference that followed lasted much MORNING BUSINESS longer. It was not lost on the media that the in either House of Congress to override new governor was a Republican while most Mrs. MURRAY. I ask unanimous con- that veto. So that all that would have of the other officials involved in the cere- sent the Senate now proceed to Morn- been accomplished is a delay in getting mony were Democrats. One television re- ing Business with Senators allowed to essential support to our troops in Iraq porter attempted to obtain a partisan com- speak for up to 10 minutes each. and Afghanistan, support they need ment from Speaker McWherter. However, The PRESIDING OFFICER. Without and on which they are counting. That Speaker McWherter, who would later serve objection, it is so ordered. is unacceptable. as Governor with distinction, cut the re- Obviously, Iraq and what has hap- porter short saying, ‘‘Let me say to you. Mrs. MURRAY. I suggest the absence of a quorum. pened there, what is happening now is First, I’m a Tennessean, and I think this is on our minds. We should discuss it. in the interest of Tennessee regardless of the The PRESIDING OFFICER. The party.’’ clerk will call the roll. There are ways in which we can appro- Just before the ceremony began, General The bill clerk proceeded to call the priately legislate with regard to Iraq. Leech telephoned Governor Blanton to in- roll. In fact, in this bill before us, there is a form him he was no longer Governor. Fol- Mr. LIEBERMAN. I ask unanimous section on benchmarks which estab- lowing the call, Governor Blanton com- consent that the order for the quorum lishes for ourselves and for the Iraqi plained that ‘‘there was no courtesy ex- Government some benchmarks, some tended to me today.’’ Agents of the FBI cir- call be rescinded. The PRESIDING OFFICER. Without goals that we have in mind for what culated through the Capitol serving grand they primarily, on their own, should be jury subpoenas on Governor Blanton’s staff. objection, it is so ordered. achieving as they move to secure Bagh- Hal Hardin decided not to attend the cere- f mony. Rather than remaining in his office, dad and the rest of the country and to he went for a long drive to be alone with his SUPPLEMENTAL APPROPRIATIONS take control of their own destiny, an thoughts and to reflect on the events of the Mr. LIEBERMAN. Madam President, Iraqi Government governing the Iraqi day. I rise to speak in support of the amend- people, which was the aim of our over- As soon as the ceremony ended, several throw of Saddam Hussein. ment to strike section 1315 of the sup- senior members of now Governor Alexander’s The benchmarks are in there, in- plemental appropriations bill now be- staff made their way to the Capitol to secure spired by the good work done by Sen- fore the Senate. The motion to strike the Governor’s office. They found Governor ator NELSON of Nebraska, Senator Blanton’s lawyer in his office preparing was proposed earlier today by the Sen- WARNER of Virginia. Senator MCCAIN clemency papers for 30 more prisoners. Lewis ator from Mississippi, Mr. COCHRAN. I and I, earlier in the debate on Iraq a R. Donelson, a Memphis lawyer who had al- am honored to be a cosponsor of it. I ready been named as the new Commissioner couple of months ago, were prepared to wish to explain to my colleagues why I introduce an amendment to have such of Finance and Administration, refused to am cosponsoring it. permit the lawyer to leave the building with benchmarks. So there was constructive the papers. When Governor Blanton tele- This is a bill that is quite necessary work that could be done. The bench- phoned to question his authority, Mr. to the funding of our military effort in marks in this bill are in the form of a Donelson replied that he was acting ‘‘by the Iraq and more broadly. The bill has sense of Congress. They are a message. authority of the new governor.’’ In response kind of grown like Topsy and has a lot But they are not tied to a deadline. to Governor Blanton’s assertion that he was of other stuff in it. Maybe I am reflect- The measure that passed the House still the governor, Mr. Donelson replied, ing on the fact that I am going to see ‘‘Not anymore.’’ last week actually has some bench- my grandchildren soon. One of my fa- marks that are tied to triggers that A full discussion of the aftermath of the vorite Dr. Seuss books is about events of January 17, 1979 must await an- would begin withdrawal from Iraq. other day. Governor Alexander appointed Thidwick the moose. Thidwick is a glo- President Eisenhower, speaking as a Fred Thompson as special counsel to oversee rious moose with large antlers. Various general, once said, now famously be- his Administration’s response to the clem- creatures in the forest begin to occupy, cause it has been quoted often in these ency crisis. Governor Alexander’s formal in- ultimately quite unjustifiably, debates about Iraq, and I paraphrase: auguration took place as planned on January Thidwick’s antlers until they fall off. Anyone who sets a deadline, who ar- 20, 1979. For the second time, Governor Alex- There are parts of this supplemental gues for a deadline to be set in war ander took the oath administered by Chief appropriations bill that in my opinion, doesn’t understand war. Justice Henry in the presence of Speaker respectfully, do not belong there. Most McWherter, Lieutenant Governor Wilder and I believe what General Eisenhower the constitutional officers. While litigation significant of those is section 1315, was saying is that war is a dynamic in the federal and state court would follow, which our motion would strike. process, a terrible process, a deadly the transition of governmental power pro- Section 1315 would order a with- process, one we try, through the exer- ceeded with bipartisan dignity. Governor drawal of American troops in Iraq to cise of all our diplomatic strength, to

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00021 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7590 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 avoid. But when you are in a war, you gardless of what is happening on the troops, the new plan, the new leader— have to give some deference not just to ground in Iraq—to keep their minds why on Earth would we at this time the generals you authorized to be in open as to whether this is the right order a withdrawal of those troops to command but to the reality on the time for such a measure, whether it is begin within 120 days regardless? ground. War is ever changing. I believe the right measure, and whether it has Why, in the face of these encouraging Eisenhower must have intended, when any chance to do anything but to send developments, would this Chamber de- he said deadlines should not be set in a mixed message from this Congress, mand that the essence of the plan that war, that there are two occasions particularly to those who are fighting has brought about these encouraging which would justify a withdrawal. One for us. developments should end? Why, just is when the mission is accomplished. I ask my colleagues to look from several weeks after confirming GEN When the purpose for which a nation here, for a moment, at what is actually David Petraeus to lead our effort in entered a war is accomplished, then happening on the ground in Baghdad Iraq, would this Chamber block him one withdraws in victory. The second and in Anbar Province, to the west, from carrying out the strategy he occasion when one would withdraw, under the new security strategy with shaped, is now implementing, and ap- based on what is happening on the the new troops GEN David Petraeus is pears to be working? ground, not some arbitrary deadline implementing. In my opinion, the deadline for with- set far from the battlefield, would be if Here is what I hear people saying— drawal from Iraq that is in this bill those in charge conclude that it is im- this is preliminary, this is early, but it now is a deadline for defeat, where vic- possible to achieve the mission, to is encouraging—sectarian fighting be- tory and success are still possible. achieve the purpose for which the mili- tween Sunni and Shia is down signifi- There are no guarantees, of course, in tary action, the war, was commenced. cantly in districts in Baghdad where war. That is why we adjust our judg- Then a retreat occurs, a retreat which American and Iraqi forces have en- ments according to what is happening is a retreat in defeat. tered. That means the number of peo- on the ground. So there are no guaran- As difficult as it has gone in Iraq and ple killed in sectarian conflict, violent tees that the encouraging first results as many mistakes as have been made, acts, death squads in Baghdad is down of the implementation of the Petraeus as many setbacks as have occurred, as significantly in those districts where plan will continue and go to full suc- much as these mistakes and setbacks Iraqi and American forces have entered cess—no guarantees. have stirred feelings of anger and frus- and established a presence. But I can tell you this: If we adopt an tration among the American people, As security improves, many Iraqi arbitrary order to begin to withdraw which are totally understandable, jus- families that fled from their homes are our troops, regardless of what is hap- tified, we have not reached the point in returning to Baghdad. Moqtada al- pening on the ground in Iraq in the Iraq, in my considered judgment, where Sadr, the head of the Mahdi militia, war, it will guarantee failure. That it is ready for a retreat because we who has been so anti-American, has failure will have profound con- have lost all hope of achieving our pur- disappeared and many of his top lieu- sequences for Iraq, which I believe will poses there, which are to create a self- tenants have been arrested. break up into not just full-fledged civil governing, self-sustaining Iraqi Gov- The Government of Prime Minister war but the kind of ethnic slaughter ernment that will be our ally, particu- Maliki, the Government in Iraq, has that drew us a decade ago into Bosnia larly in the war against terrorism, as shown the kind of strength and deci- to stop. And we will have withdrawn opposed to our enemy, and would cre- siveness that is an obvious and nec- and be expected to stand by and let it ate a model, a path, an alternative essary precondition for progress there. happen. path to a better future in the Arab I ask my colleagues to consider the Of course, ultimately it will lead to world, the Islamic world, than the testimony given to the Homeland Secu- what will be claimed as a victory for death, hatred, and suicidal ambitions rity and Governmental Affairs Com- the forces of Islamic extremism, our of al-Qaida and the other Islamic ex- mittee, which I am privileged to chair, enemies in this war we are fighting. It tremists, such as those who attacked last Wednesday by Stuart Bowen, Jr., will, in my opinion, ultimately em- us on September 11. the Special Inspector General for Iraqi bolden them to strike us here at home We are in a long and difficult war, Reconstruction. Anybody who has fol- again. and the price paid by our heroic sol- lowed Mr. Bowen’s work knows this is So I appeal to my colleagues, as this diers and their families has been heavy. a straight shooter. He is not in there to debate on this amendment to strike be- I understand the feelings of anger and protect anybody. He is not in there to gins, let’s have a good debate. That is frustration among the American peo- spin. He has told it as he sees it. He has our nature. That is the essence of our ple. But what is not understandable, been extremely critical of so much of democracy and of this Senate in which with all respect, is for Congress now to what has happened in Iraq, particu- we are privileged to serve. But I ask let the passions of this moment, in larly, obviously, within the jurisdic- my colleagues, in the end, to step back Washington, obscure what is happening tion the law gives him as Inspector and think carefully about what this at this moment in Baghdad and in General, which is to see how our money section 1315 would bring about, and in- Anbar. Our actions should be driven by has been spent. He has documented stead of undermining General the real-war conditions in Iraq, not by waste in ways that are truly infuri- Petraeus, or at best sending a mixed the mindset here in Washington. ating. message to him and his troops, let’s So I ask my colleagues to keep their So when Stuart Bowen says some- give him and his troops the unified sup- minds open as we begin this very im- thing encouraging about what he sees port and time they need to succeed for portant and, critical debate. Our na- in Iraq, that matters to me, and I be- us. tional security, in my opinion, is on lieve it should matter to others. Last I thank the Chair and yield the floor. the line in the outcome of this debate. Wednesday, before the committee, Mr. I suggest the absence of a quorum. The lives of our troops in Iraq and Af- Bowen said the week before he had re- I withdraw the suggestion of an ab- ghanistan are on the line, quite lit- turned from his 15th visit to Iraq. He sence of a quorum, seeing my friend erally, in the outcome of this debate. said: and colleague from Oklahoma now on I ask my colleagues to keep their It’s been about twenty months— the floor. minds open and to make a judgment as Almost 2 years— The PRESIDING OFFICER (Mr. to whether this section—ordering a since I have returned from Iraq with a sense WHITEHOUSE). The Senator from Okla- withdrawal from Iraq within 120 days, of cautious optimism. I have that now. homa. regardless of what happens on the That is significant. Why on Earth— Mr. COBURN. Mr. President, the Sen- ground; to be essentially completed by with independent testimony from Iraq ate is going to take up, tomorrow, in March of next year when most Amer- that there are preliminary, encour- rather full detail, an emergency sup- ican troops would be withdrawn, re- aging signs of the effect of the new plemental spending bill. I think it is

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00022 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7591 real important, first, for the American bill? Where is the sacrifice from the million? Where does it stop? Where people to know what an emergency generations today to do what the Mem- does it stop that we steal—when do we supplemental bill is supposed to be. It bers of this body want to do? stop stealing from our grandchildren? is supposed to be about funding unfore- There is no sacrifice. We are not call- There is also in this emergency pro- seen problems we could not have an- ing on anybody to sacrifice. What we vision $3.5 million for tours of the Cap- ticipated in the regular appropriations are saying is: Those unborn, those itol. An emergency, that we have to process. For a very small amount of young, those who are about to be born, have the money now, otherwise we this bill, that may be true. and the children of those who are won’t have tours in the Capitol? That This bill is $121 billion of your grand- young, unborn or about to be born are isn’t right, but that is what is in the children’s and great-grandchildren’s the ones who are going to pay for it. bill: $3.5 million. Why? So we can have money. This bill does not have to stay It portends a great moral question of $3.5 million more to play with when we within the budgetary limitations Con- our society today: How is it we can to- get inside the budget now that we are gress sets on itself. This bill goes out- tally turn upside down the heritage of outside the budget. side every rule we have in terms of con- this country, the heritage of a country Oh, and I forgot to mention the fact trolling the budget, living within our that has been built on the following the administration isn’t innocent in means, and it says: Here is a credit premise: ‘‘I am going to work hard. I this either, because the war in Iraq is card. am going to sacrifice. And I am going hardly an emergency. As a matter of Now, by the way, on the way to fund- to serve so that my children and grand- fact, it is in its fourth year. The ad- ing the war in Iraq, the wisdom of the children get ahead’’? Have we become ministration should know what they Senate has added—and it is $21 billion such a selfish country that we do not need. Rather than send a supplemental in the House—about $18.9 billion in a care about the next two generations? up here, it should be in the Defense ap- wish list. It is a Christmas tree. If each I think the Senate has spoken, at propriations bill. It should have been in of us in our own personal lives ran our least the appropriators have spoken. the bill we passed this last year. But businesses or our households the way They have said ‘‘yes,’’ it is OK to do instead, even the administration is Congress is running the emergency things such as pay for the conventions, complicit. supplemental process, we would do it in August, of the Democratic and Re- Who is going to stand and speak for for about 1 year. Then we would be publican Parties for the additional the future against the processes the going to bankruptcy court, and we funds that will be needed for police en- Congress uses today to fund and grow would be losing the vast majority of forcement with an emergency bill. Our the Government, not worrying about our possessions because we would not grandchildren are not going to benefit how we pay for it in the future? Will have been deemed to be responsible from that. The political process today you? Will you challenge this process? with the assets we had. is. But we put it in this bill because it Will you say enough is enough? Will There lies the problem. It is the cul- means if we put it in this bill, it will you do your part as a citizen of this ture of Congress that thinks we can put not be charged against the regular country to make a difference, to hold a hood over the American people’s eyes budget process. It is another way to people accountable here, rather than so they will not know what we are spend more money. So let’s move more let the continued culture—and I call it about to do in the next 4 or 5 days in things into the emergency category, so a culture which actually the majority this Chamber. You are going to hear all we do not have to be responsible when party ran on. It is a culture of corrup- the reasons in the world why somebody the rest of the appropriations bills tion. When you do for you and steal needs something, except it is never come through the Senate. from those who are weak and have no going to be held in contrast to the loss Think about this: You have a grand- access or ability to pay it, that is cor- of the standard of living of our grand- child sitting on your knee and you say: ruption. It is morally corrupt. It is a children. Yes, there are agricultural Yes, back in 2007, they had a party in process by which we undermine the needs out there we should have funded Minneapolis and in Denver, and they very foundation upon which our coun- a year ago. charged it to you. You may get to go to try has become strong. If we continue The chairman of the Budget Com- college, you may not, but I just want it, what we will see is a weakened na- mittee said when he would get in you to know we had a good time at our tion. power, when the Democrats would get conventions. How about $100 million We now have $70 trillion of unfunded in power, they were going to pay for for businesses that have under $15 mil- liabilities for Medicare, Medicaid, and it—except here we have an emergency lion in revenue a year that have suf- Social Security. Think about that for a agriculture supplemental bill, a good fered some loss from a drought over the minute. Go figure out how many zeroes portion of which is needed but it is not last 2 or 3 years. We already have sev- are associated with $1 trillion. If you paid for. There is no offset anywhere eral organizations within the Federal had everyone who was worth more than else in the hundreds of billions of dol- Government: Farm Service Agency, $1 billion in the world sell all of their lars’ worth of waste in the discre- loan capabilities from the Department assets tomorrow and give every bit of tionary side of the budget alone, to re- of Agriculture, the Small Business Ad- that to the U.S. Government, it duce something else so we can take ministration. All are qualified to loan wouldn’t even pay the interest for 1 care of those who need us now. money to businesses that work in the year. How is it we can be going down There is another aspect to this fund- agricultural area but, no, we set aside. this road? How is it we can be turning ing bill; that is, the politics that plays We expanded the farm program with our backs on the principles that made into it over the debate on the Iraq war. this bill to give $100 million to small us great as a nation—the idea of per- What we are seeing play out is a dou- businesses that have been hurt. If you sonal responsibility even applied to ble-edged sword of how do we hurt the are not connected to agriculture and Senators, and accountability, and troops in the field by adding things to you have been hurt, where is the bill to transparency. We are going to hear a a supplemental bill to take care of help you? Where does the precedent lot of stories about what is and isn’t them, when there has already been a stop in terms of your small business? happening with this bill over the next threatened veto over the bill because it What about the fact that gas prices 3 or 4 days, but the question I hope the adds $18.9 billion more than what the rose and some auto dealers went out of American people will ask themselves is President asked for to fund the war. business? Where is the $100 million for where is the money coming from? So as you listen, in the next 4 or 5 them? What about the fact that energy Where is the money coming from? If it days, to the Senate debate this bill, prices have gone up and small business is not in a pot somewhere and if it is there are a couple things you ought to profits all across the country have been not saved, somebody is going to have pay attention to, and you ought to ask severely damaged because if they are to pay for it. yourself the question: Where is the energy dependent, their costs have This money is coming from the big money coming from to pay for this risen significantly? Where is the $100 Visa card of the Federal Government.

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00023 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7592 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 We are going to ‘‘cha-ching’’ and we sacrifice of giving up of themselves, for the purpose of further amendments, are going to say: Grandchildren, you whether it be position or power so we and that no points of order be consid- have to pay for this war in Iraq, plus can create something better, the coun- ered waived by virtue of this agree- another $19 billion, because we don’t try will be all the better for that. If we ment; further, that the pending Coch- have the courage to hold this Govern- don’t, there won’t be a headline that ran amendment remain in order, not- ment accountable. We don’t even have says: ‘‘Grandchildren hurt by supple- withstanding this agreement. the courage to hold ourselves account- mental bill,’’ but it doesn’t mean they The PRESIDING OFFICER. Without able. We don’t have the courage to won’t be. The fact is they will. objection, it is so ordered. eliminate the duplication, the fraud, It is interesting the accounting that The amendment (No. 641) was agreed and the waste that accounts for over Washington uses. Last year the official to. $200 billion every year in this $3 tril- number on the deficit was $175 billion, CLOTURE MOTION lion budget. There is no courage here but the real number, the amount the Mr. REID. Mr. President, I send a to face that. We can do oversight hear- debt went up, was $360 billion. If you cloture motion to the desk. ings, and we have done so. Senator are at home and you have a checkbook The PRESIDING OFFICER. The clo- CARPER and myself did 46, more than and you spend $175 more than you had ture motion having been presented any other committee of Congress, over in the checkbook, but at the end of the under rule XXII, the Chair directs the the last 2 years. What we found was al- year you charged another $200 on top of clerk to read the motion. most $200 billion of either duplicative it, you really spent it all, and you went The assistant legislative clerk read programs, wasteful programs, or out- into debt for that whole amount. But as follows: right fraud. Yet where is the Congress we don’t do what national accounting CLOTURE MOTION offsetting those with this bill? No. It is standards say. We play a game. We We, the undersigned Senators, in accord- too hard work. You might offend some- take the Social Security money and we body. The next election is more impor- ance with the provisions of rule XXII of the lessen the effect of what we are doing Standing Rules of the Senate, do hereby tant than the next generation. Being through Social Security and 30 some move to bring to a close the debate on Cal- here is more important than doing other trust funds such as the inland endar No. 84, H.R. 1591, the emergency sup- what is the best thing for our Nation. waterway trust fund and several oth- plemental 2007 appropriations bill. So I hope as we approach this bill, ers, and the retirement of the employ- Harry Reid, Robert C. Byrd, Jack Reed, the American public will ask that ques- ees of the Federal Government that is Patrick Leahy, B.A. Mikulski, Byron tion about where the sacrifice comes not funded, and we add all that back L. Dorgan, Christopher J. Dodd, Dianne Feinstein, Richard J. Durbin, Chuck from to do this. Where does the sac- and we make it look better than it is. rifice come from? Unfortunately, it is Schumer, Debbie Stabenow, Barbara The idea behind a half lie is a whole Boxer, Herb Kohl, Jay Rockefeller, Joe going to come from the next 2 genera- truth, but it is not. A half truth is a Biden, E. Benjamin Nelson, Daniel K. tions. It is hard to identify what that whole lie. Akaka, Ted Kennedy. means, but with $9 trillion of actual So my hope is when we have this de- Mr. REID. Mr. President, I ask unan- outstanding debt we have now and the bate on this bill, this $121 billion bill, imous consent that the live quorum $70 trillion of unfunded liability, it America will say: Wait a minute. Why under rule XXII be waived. doesn’t take a great imagination to un- aren’t you paying for it? Why aren’t The PRESIDING OFFICER. Without derstand how that might impact our you trimming some of the fat? Why objection, it is so ordered. children and grandchildren, with high aren’t you trimming some of the prob- interest rates, lack of ability to afford lems? Why aren’t you doing that? Be- f a college education, inability to own a cause it is hard. That is not a good MORNING BUSINESS home, buy a new car. All of those enough reason to undermine the future Mr. REID. Mr. President, I ask unan- things are coming as we continue to of this country. steal the future from our children and imous consent that there now be a pe- Mr. President, I appreciate the oppor- riod for the transaction of morning our grandchildren. The big government tunity to come and speak this evening credit card. It is only available because business, with Senators permitted to and the staff staying here. speak for up to 10 minutes each. there is a lack of backbone and spine in Mr. President, I note the absence of a the Congress to do what is necessary to The PRESIDING OFFICER. Without quorum. objection, it is so ordered. give the American people true value The PRESIDING OFFICER. The from their Government. It is hard. A clerk will call the roll. f lot of people get upset. But I would The legislative clerk proceeded to S. CON. RES. 21 much rather stand here and try to call the roll. change it now than try to explain to Mr. REID. Mr. President, I ask unan- AMENDMENT NO. 589 my grandchildren why we didn’t imous consent that the order for the Mr. KYL. The fiscal year 2006 and fis- change it, why we didn’t do that. quorum call be rescinded. cal year 2007 budget resolutions in- I have some hope the American peo- The PRESIDING OFFICER. Without cluded an importation reserve fund for ple are starting to wake up to the objection, it is so ordered. drugs imported from countries ‘‘with budgetary gimmicks and processes the strong safety laws.’’ Yet the Dorgan- f Congress uses. When they really awak- Snowe amendment omits that lan- en, what they are going to do is change CONCLUSION OF MORNING guage. Does the Senator from New who runs this place. It is going to be BUSINESS Hampshire agree that under the Dor- real citizen legislators. It is going to be Mr. REID. Mr. President, I ask that gan-Snowe amendment, the term ‘‘safe people who care about the future more morning business be closed. importation’’ means from countries than they care about today. It is going The PRESIDING OFFICER. Without ‘‘with strong safety laws’’? to be people who care about a heritage objection, it is so ordered. Mr. GREGG. Yes. The term ‘‘safe im- that continues to be and create and f portation’’ means importation only hold forth the greatest experiment in from countries with strong safety laws. freedom that has ever been. Without U.S. TROOP READINESS, VET- The additional language ‘‘with strong that change, as Will Durant said: ERANS’ HEALTH, AND IRAQ AC- safety laws,’’ which was included in Great societies are never conquered from COUNTABILITY ACT, 2007—Contin- last year’s budget, was redundant, but without until they rot from within. ued the absence of those words does not This is part of the rotting process we Mr. REID. Mr. President, I ask unan- alter the meaning, in my opinion. are going to see over the next 5 days in imous consent that the substitute ‘‘Safe importation’’ refers to the im- the Senate. If people summon courage, amendment be agreed to, the bill, as portation of prescription drugs from summon long-term viewpoint, summon amended, be considered as original text countries that require the review of

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00024 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7593 drugs for safety and effectiveness by an tributed database that collects and in- coming, modern, and well-equipped. entity of the government of the coun- tegrates genomic data to simplify The staff members are truly an inspira- try; that require the methods used in pooled data analysis. The bill also de- tion. They have a special passion for and the facilities and controls used for velops biobanking initiatives at aca- their work, and take pride in the fact the manufacture, processing, and pack- demic medical centers across the coun- that they are providing first-rate ing of drugs in the country to be ade- try, including biobanks containing bio- health care to underserved commu- quate to preserve their identity, qual- logical specimens. It will improve ge- nities. ity, purity, strength, and efficacy; that netics and genomics training by devel- Dr. Martin Luther King, Jr., used to require the labeling and promotion of oping model training programs, resi- say that ‘‘Life’s most persistent and drugs to be in accordance with the ap- dency curricula and teaching mate- urgent question is: What are you doing proval of the drug and whose valid rials, and by integrating genetics and for others?’’ The staff members at the marketing authorization system is genomics into clinical and public community health centers of South- equivalent to the systems in the health practice by developing health east Iowa have answered that question United States. professional guidelines. in powerful ways. They have com- f The bill will also encourage drug mitted themselves to providing high- sponsors and device companies to de- quality health care to all comers, re- GENOMICS AND PERSONALIZED velop companion diagnostic tests, and gardless of ability to pay. All are wel- MEDICINE ACT it will improve Federal oversight and comed equally. All are served with pro- Mr. BURR. Mr. President, I rise regulation of genetic tests by identi- fessionalism and excellence. As chair of today to express my support for S. 976, fying which tests require review and the Health and Human Services Appro- the Genomics and Personalized Medi- which agency—the Centers for Medi- priations Subcommittee, I am 100 per- cine Act of 2007, which my distin- care and Medicaid Services or the Food cent committed to securing appro- guished colleague from Illinois, Sen- and Drug Administration—should have priate funding for community health ator OBAMA, and I introduced on March oversight over specific categories of centers all across America. One thing I 23, 2007. Senator OBAMA introduced this tests. It requires the Centers for Dis- know for certain: Every dollar Con- legislation last year. We have worked ease Control and Prevention to evalu- gress appropriates for centers like the together on some revisions, and I am ate direct-to-consumer marketing of one in Burlington is a dollar spent proud to join him in cosponsoring the genetic tests to which consumers have wisely and frugally. It never ceases to legislation this year. direct access and to educate the public amaze me how their staff members are I believe this legislation will help im- about genomics and its applications. It able to do so much—and to serve so prove the quality and safety of health also asks the Agency for Healthcare many people—with such limited re- care by providing a better under- Research and Quality to assess the sources. standing of what causes certain dis- clinical utility and cost-effectiveness I dare say that no one in the health eases. Through a coordinated research of companion diagnostic tests that care profession faces greater challenges initiative and safer genetic tests, pa- guide prescribing decisions. than those who choose to work in com- tients and doctors will be empowered f munity health centers. These chal- to make more informed decisions about lenges include chronic illness, cultural medical treatments. ADDITIONAL STATEMENTS and linguistic differences, geographical This bill will advance the study of barriers, and homelessness, to name human genes and their functions to just a few. Nothing stops these dedi- better predict patients’ susceptibility BURLINGTON COMMUNITY HEALTH CENTER cated professionals. to certain diseases or conditions and And one more thing: community better customize drugs and medical ∑ Mr. HARKIN. Mr. President, this health centers have a well-deserved treatments to meet patients’ unique spring, the new community health cen- reputation for caring and kindness. needs. By facilitating genomics re- ter in Burlington, IA, officially opened They offer a direct and personal style search, fostering a capable genomics for business. Having secured funding of health care. They follow up. They workforce, and encouraging the devel- for the center and attended the care about prevention and wellness. opment of high quality genetic tests, groundbreaking ceremony last June, I So I am deeply grateful to Executive patients will be better informed about know how important this health care Director Ron Kemp, to President Bev- the medical care they need. facility is to Burlington and the sur- erly Simone of Southeastern Commu- I am proud that North Carolina is a rounding communities. At long last, nity College, to the center’s dedicated leader in genomics and personalized Des Moines County has a permanent, board members, to Ted Boesen, execu- medicine research. Duke University’s unified medical and dental clinic, tive director of the Iowa/Nebraska Pri- Institute for Genome Sciences and Pol- which has been sorely needed for many mary Care Association, and to all the icy and the University of North Caro- years. other people who made this new facil- lina at Chapel Hill’s Institute for This is a truly unique community ity possible. They work their hearts Pharmacogenomics and Individualized health center. It is housed on the out to provide the very best health Therapy are both conducting signifi- grounds of Southeastern Community care to some of our most needy citi- cant research efforts in this area and College, and there is an agreement be- zens. I deeply appreciate their passion, support a stronger Federal focus on tween the CHC board and the commu- their compassion, and their dedication genomics. This legislation will increase nity college to allow nursing and to public service.∑ Federal support for initiatives at Duke health aide students to do some of f and Chapel Hill—a win-win for North their training in the center. This gives Carolina and patients. the center an edge in recruiting staff, HONORING LAS PLANTADAS Specifically, this bill establishes an and it gives students hands-on training Mr. MENENDEZ. Mr. President, today Interagency Working Group at the U.S. opportunities right there on campus. I wish to honor Las Plantadas, a group Department of Health and Human Clearly, this is a win-win-win arrange- of women incarcerated for resisting the Services to pull together and accel- ment for the center, for the community dictatorial regime of Cuba for nearly erate genomics research by developing college, and for the entire Burlington half a century. The National Associa- standardized terminology and estab- community. tion of Cuban American Women will lishing quality standards and guide- I salute Ron Kemp and others who gather on Saturday, March 24, 2007, to lines for the collection, processing, and had the vision to create this new com- honor a group of Las Plantadas—Ana storage of genomic samples and data. munity health center, and the persist- Lazara Rodriguez, Miriam Ortega, It advances genomics research by es- ence to transform their vision into Genoveva Felixgraw, Clara Berta Can- tablishing a national biobanking dis- bricks and mortar. The facility is wel- ton Gomez, Olga Morgan and Gladys B.

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00025 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7594 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 Campaneria Herrera—with the Elena courage of women and a reminder of have been brought to these positions Mederos Award during a Women’s His- the need to continue to fight for by the Lord.’’ The center of her faith tory Month Celebration at Schuetzen human rights around the world. was her favorite Bible verse, Micah 6:8, Park, in North Bergen, NJ. There is no doubt that Las Plantadas which reads, ‘‘What does the Lord re- The Elena Mederos Award was insti- are exemplary leaders and profoundly quire of you but to do justice, love tuted by the National Association of committed individuals who are role mercy, and walk humbly with your Cuban American Women in memory of models for the Nation. Therefore, I am God.’’ Dr. Elena Mederos, 1900–1981, a human pleased to pay tribute to Las A truly remarkable woman, Judge rights activist, who is considered the Plantadas, and I know my colleagues Roy received many honors in her life, most prominent Cuban woman of the will join in wishing them continued including the Outstanding Appellate 20th Century. success in their quest for human rights Judge of 1976–1977 by the Arkansas Ana Lazara Rodriguez, a doctor, was and a free Cuba.∑ Trial Lawyers Association. One honor, imprisoned when she was a 19-year-old f however, stands out above others. In medical student for participating in 1976, Judge Roy was chosen as Arkan- TRIBUTE TO JUDGE ELSIJANE protests against the Cuban dictator- sas Democrat’s Woman of the Year, a TRIMBLE ROY ship. She was released in 1979 and trav- distinction her mother also earned. She eled to the United States via Costa ∑ Mrs. LINCOLN. Mr. President, every received a plaque for that honor, and in Rica. In May 1995, she published ‘‘Diary year during the month of March, we a 1979 Arkansas Democrat article, of a Survivor,’’ a book detailing her ex- honor the women who have made a Judge Roy said, ‘‘If anything is ever periences while incarcerated. lasting impact on our country’s history written about me, I want it to contain Miriam Ortega was born in Ciego de with Women’s History Month. This the words on that plaque. Throughout Avila, Cuba. She was imprisoned for 18 month, I want to pay tribute to a true my career, the things written there are years for working against the Castro Arkansas pioneer who passed away ear- the things I have lived for.’’ regime. She was released and moved to lier this year, Judge Elsijane Trimble The plaque reads: the United States, where she continues Roy. As a law clerk, lawyer, and trial judge, in her determination to fight for a free Judge Roy has been referred to as Elsijane Trimble Roy established a reputa- Cuba. ‘‘Arkansas’ Lady of Many Firsts.’’ Only tion for integrity, intelligence, and inde- Clara Berta Canton Gomez was born the third woman to graduate from the pendence. As the first woman on the Arkan- in Havana, Cuba. In 1962, State security University of Arkansas law school in sas Supreme Court, she has become a symbol agents searched the home of her par- 1939, Judge Roy was the first female in of pride and inspiration to all women. ents seeking her brother who was in- the state of Arkansas to be appointed Judge Roy, you have been a source of volved in efforts against the Castro re- as circuit judge in 1966. In 1975, then- pride and inspiration to all women, not gime. Because they did not speak Governor David Pryor appointed Judge only in Arkansas, but throughout our against their family member, Clara Roy to the Arkansas Supreme Court, great land. You will most certainly be and her parents were incarcerated and making her the first woman to serve as missed.∑ sentenced to serve 30 years in prison. an Arkansas Supreme Court Justice. Released after 7 years, Clara has dedi- Just 2 years later, newly elected Presi- f cated her time to fight for the release dent Jimmy Carter selected Judge Roy DIERKS, ARKANSAS, CELEBRATES of political prisoners. She dreams of re- to serve on the Federal bench, and she 100TH ANNIVERSARY turning to see a free Cuba. was given the distinct honor of becom- Olga Morgan was born in Santa ing Arkansas’ first female Federal ∑ Mr. PRYOR. Mr. President, it is with Clara, Las Villas. When she was work- judge, as well as the first female judge the greatest pleasure that today I ing against the Batista dictatorship, appointed to the eighth Circuit. honor Dierks, AR, which will soon be she met her husband, William Alex- The daughter of Federal judge Thom- celebrating its 100th anniversary. ander Morgan, with whom she has two as C. Trimble, Judge Roy and her fa- Dierks is located in Howard County children, Olguita and Loretta. Olga and ther also held the distinction of being which lies in the southwestern part of her husband were imprisoned in 1960 the first father and daughter to serve my State. It was named after a German and 1961. Her husband was executed as Federal judges. In fact, Judge Roy family that immigrated to the United with the regime proclaiming both he served in the same courtroom that her States in the mid-1800s. The family es- and Olga a ‘‘high risk for the revolu- father presided over for nearly 20 years. tablished a major sawmill known as tion.’’ Olga was released in 1971, and She often mentioned that she could Hardscrabble, and when the commu- after being denied a travel document in feel his presence, and in a 1996 inter- nity was incorporated in 1907, it 1978, she reached the shores of the view with the Arkansas Democrat Ga- changed its name to Dierks. United States in the 1980 Mariel zette, she noted that ‘‘It’s meant so The Weyerhaeuser Company pur- boatlift. much to me to be able to try cases in chased most of the Dierks’ family hold- Gladys B. Campaneria Herrera was the same court. I look up there, and he ings in 1969. Weyerhaeuser employs born in Matanzas and raised in Havana. helps me with the hard cases.’’ some 600 people in Howard County and Between 1959 to 1963 she fought against A gifted athlete who loved sports, is one of the county’s largest employ- the Castro regime, for which she was Judge Roy was a star player for the ers. arrested in 1964 and sentenced to 3 Lonoke High School basketball team Dierks is also one of many of Arkan- years in prison. While she was in pris- in Lonoke, AR, and was a two-time sas’s fine recreation destinations. Visi- on, she suffered greatly. She was re- women’s singles champion at the Uni- tors take advantage of Dierks Lake leased and moved to the United States, versity of Arkansas. which offers boating, fishing, water- where she has lived in New York and Judge Roy was devoted to both her skiing, camping, and sightseeing. worked in New Jersey as a reporter for family and her faith. She was a proud Among fishermen, the lake is best various Spanish media outlets. An avid mother, grandmother, and later in life, known for its large-mouth bass and writer, Gladys has authored more than a great-grandmother. Judge Roy was crappie. Catfish and bream can also be 150 poems and songs. She continues to also an aunt to many nieces and neph- caught in abundance. The beautiful fight for a free Cuba. ews. She was a longtime member of surroundings make it among one of the The inspiring stories of these women, First Baptist Church in Lonoke and most scenic spots in the State. and of the nearly 3000 other Cuban taught Sunday school class when she Mr. President, I ask my colleagues to women who have been imprisoned, tor- lived in Blytheville, AR. According to join me today in congratulating Dierks tured, and endured many punishments her obituary, Judge Roy gave credit to on its 100th anniversary and in wishing for refusing to accept a dictatorial re- the Lord for her many judicial appoint- its 1,300 citizens a wonderful day of gime are a symbol of the dignity and ments, saying, ‘‘I have always felt I celebration.∑

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EXECUTIVE MESSAGES REFERRED bat-Related Special Compensation paid by S. 406 As in executive session the Presiding the uniformed services in order to permit At the request of Mrs. HUTCHISON, the Officer laid before the Senate messages certain additional retired members who have name of the Senator from Pennsyl- a service-connected disability to receive from the President of the United vania (Mr. CASEY) was added as a co- both disability compensation from the De- sponsor of S. 406, a bill to ensure local States submitting sundry nominations partment of Veterans Affairs for that dis- which were referred to the appropriate ability and Combat-Related Special Com- governments have the flexibility need- committees. pensation by reason of that disability; to the ed to enhance decision-making regard- (The nominations received today are Committee on Armed Services. ing certain mass transit projects. printed at the end of the Senate pro- By Mr. BINGAMAN (for himself and S. 413 ceedings.) Mr. DOMENICI): At the request of Mrs. CLINTON, the S. 987. A bill to enhance the energy secu- f name of the Senator from Alabama rity of the United States by promoting (Mr. SESSIONS) was added as a cospon- MEASURES PLACED ON THE biofuels and for other purposes; to the Com- sor of S. 413, a bill to amend the Bank CALENDAR mittee on Energy and Natural Resources. By Ms. MIKULSKI (for herself, Mr. Holding Company Act of 1956 and the The following bill was read the sec- WARNER, Mr. LEVIN, Mr. VOINOVICH, Revised Statutes of the United States ond time, and placed on the calendar: Mr. LEAHY, Mr. LIEBERMAN, Mr. to prohibit financial holding companies H.R. 545. An act to amend the Omnibus GREGG, Ms. COLLINS, Mr. ENZI, Ms. and national banks from engaging, di- Crime Control and Safe Streets Act of 1968 to SNOWE, Mr. SUNUNU, Mr. STEVENS, rectly or indirectly, in real estate bro- clarify that territories and Indian tribes are Mr. KENNEDY, and Mr. CARDIN): kerage or real estate management ac- eligible to receive grants for confronting the S. 988. A bill to extend the termination tivities, and for other purposes. use of methamphetamine. date for the exemption of returning workers S. 474 f from the numerical limitations for tem- porary workers; to the Committee on the Ju- At the request of Mrs. HUTCHISON, the REPORTS OF COMMITTEES diciary. name of the Senator from North Da- The following reports of committees By Mrs. LINCOLN: kota (Mr. CONRAD) was added as a co- were submitted: S. 989. A bill to amend title XVI of the So- sponsor of S. 474, a bill to award a con- cial Security Act to clarify that the value of By Mr. INOUYE, from the Committee on gressional gold medal to Michael Ellis certain funeral and burial arrangements are Commerce, Science, and Transportation, DeBakey, M.D. not to be considered available resources without amendment: under the supplemental security income pro- S. 502 S. 93. A bill to authorize NTIA to borrow gram; to the Committee on Finance. At the request of Mr. CRAPO, the against anticipated receipts of the Digital By Mr. MENENDEZ (for himself and names of the Senator from Kansas (Mr. Television and Public Safety Fund to ini- Mr. LAUTENBERG): tiate migration to a national IP-enabled BROWNBACK) and the Senator from S. 990. A bill to fight criminal gangs; to the emergency network capable of receiving and Texas (Mrs. HUTCHISON) were added as Committee on the Judiciary. responding to all citizen activated emer- cosponsors of S. 502, a bill to repeal the gency communications (Rept. No. 110–38). f sunset on the reduction of capital gains By Mr. LEAHY, from the Committee on SUBMISSION OF CONCURRENT AND rates for individuals and on the tax- the Judiciary, with an amendment: SENATE RESOLUTIONS ation of dividends of individuals at cap- S. 261. A bill to amend title 18, United ital gains rates. States Code, to strengthen prohibitions The following concurrent resolutions against animal fighting, and for other pur- and Senate resolutions were read, and S. 506 poses. referred (or acted upon), as indicated: At the request of Mr. LAUTENBERG, By Mr. LEAHY, from the Committee on the name of the Senator from New By Mr. DEMINT: the Judiciary, without amendment: York (Mrs. CLINTON) was added as a co- S. 627. A bill to amend the Juvenile Justice S. Res. 123. A resolution reforming the con- gressional earmark process; to the Com- sponsor of S. 506, a bill to improve effi- and Delinquency Prevention Act of 1974 to ciency in the Federal Government improve the health and well-being of mal- mittee on Rules and Administration. treated infants and toddlers through the cre- By Mr. BIDEN: through the use of high-performance ation of a National Court Teams Resource S. Res. 124. A resolution congratulating the green buildings, and for other purposes. Center, to assist local Court Teams, and for European Union on the 50th anniversary of S. 543 other purposes. the signing of the Treaty of Rome creating At the request of Mr. NELSON of Ne- S. 888. A bill to amend section 1091 of title the European Economic Community among 6 braska, the name of the Senator from 18, United States Code, to allow the prosecu- European countries and laying the founda- tions for peace, stability, and prosperity in Pennsylvania (Mr. CASEY) was added as tion of genocide in appropriate cir- a cosponsor of S. 543, a bill to improve cumstances. Europe; considered and agreed to. f Medicare beneficiary access by extend- f ing the 60 percent compliance thresh- INTRODUCTION OF BILLS AND ADDITIONAL COSPONSORS old used to determine whether a hos- JOINT RESOLUTIONS S. 57 pital or unit of a hospital is an inpa- The following bills and joint resolu- At the request of Mr. INOUYE, the tient rehabilitation facility under the tions were introduced, read the first names of the Senator from California Medicare program. and second times by unanimous con- (Mrs. FEINSTEIN) and the Senator from S. 576 sent, and referred as indicated: Nevada (Mr. REID) were added as co- At the request of Mr. DODD, the By Ms. LANDRIEU: sponsors of S. 57, a bill to amend title names of the Senator from Vermont S. 983. A bill for the relief of Michael An- 38, United States Code, to deem certain (Mr. SANDERS) and the Senator from thony Hurley; to the Committee on the Judi- service in the organized military forces Iowa (Mr. HARKIN) were added as co- ciary. of the Government of the Common- sponsors of S. 576, a bill to provide for By Ms. LANDRIEU: wealth of the Philippines and the Phil- the effective prosecution of terrorists S. 984. A bill for the relief of Jiao Ying Li; and guarantee due process rights. to the Committee on the Judiciary. ippine Scouts to have been active serv- By Mr. LEVIN: ice for purposes of benefits under pro- S. 582 S. 985. A bill to establish a pilot program grams administered by the Secretary At the request of Mr. SMITH, the to provide low interest loans to nonprofit, of Veterans Affairs. name of the Senator from Vermont

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(Mr. SANDERS) was added as a cospon- address the equipment reset and other plement and expand its teaching pro- sor of S. 582, a bill to amend the Inter- equipment needs of the National gram. nal Revenue Code of 1986 to classify Guard, and for other purposes. S. 969 automatic fire sprinkler systems as 5- S. 803 At the request of Mr. DODD, the name year property for purposes of deprecia- At the request of Mr. ROCKEFELLER, of the Senator from New York (Mrs. tion. the name of the Senator from Ohio CLINTON) was added as a cosponsor of S. S. 597 (Mr. BROWN) was added as a cosponsor 969, a bill to amend the National Labor At the request of Mrs. FEINSTEIN, the of S. 803, a bill to repeal a provision en- Relations Act to modify the definition name of the Senator from Georgia (Mr. acted to end Federal matching of State of supervisor. ISAKSON) was added as a cosponsor of S. spending of child support incentive S. 980 597, a bill to extend the special postage payments. At the request of Mrs. FEINSTEIN, the stamp for breast cancer research for 2 S. 831 name of the Senator from Delaware years. At the request of Mr. DURBIN, the (Mr. BIDEN) was added as a cosponsor of S. 604 names of the Senator from California S. 980, a bill to amend the Controlled At the request of Mr. LAUTENBERG, (Mrs. FEINSTEIN), the Senator from Substances Act to address online phar- the name of the Senator from Ohio Massachusetts (Mr. KENNEDY) and the macies. (Mr. BROWN) was added as a cosponsor Senator from Rhode Island (Mr. WHITE- S. CON. RES. 3 of S. 604, a bill to amend title 10, HOUSE) were added as cosponsors of S. At the request of Mr. SALAZAR, the United States Code, to limit increases 831, a bill to authorize States and local name of the Senator from North Da- in the certain costs of health care serv- governments to prohibit the invest- kota (Mr. CONRAD) was added as a co- ices under the health care programs of ment of State assets in any company sponsor of S. Con. Res. 3, a concurrent the Department of Defense, and for that has a qualifying business relation- resolution expressing the sense of Con- other purposes. ship with Sudan. gress that it is the goal of the United S. 638 S. 871 States that, not later than January 1, At the request of Mr. ROBERTS, the At the request of Mr. LIEBERMAN, the 2025, the agricultural, forestry, and name of the Senator from Wyoming name of the Senator from Louisiana working land of the United States (Mr. ENZI) was added as a cosponsor of (Ms. LANDRIEU) was added as a cospon- should provide from renewable re- S. 638, a bill to amend the Internal sor of S. 871, a bill to establish and pro- sources not less than 25 percent of the Revenue Code of 1986 to provide for col- vide for the treatment of Individual total energy consumed in the United legiate housing and infrastructure Development Accounts, and for other States and continue to produce safe, grants. purposes. abundant, and affordable food, feed, S. 656 S. 883 and fiber. At the request of Mr. REED, the name At the request of Mrs. FEINSTEIN, the of the Senator from Minnesota (Ms. f name of the Senator from Mississippi KLOBUCHAR) was added as a cosponsor STATEMENTS ON INTRODUCED (Mr. COCHRAN) was added as a cospon- of S. 656, a bill to provide for the ad- BILLS AND JOINT RESOLUTIONS sor of S. 883, a bill to amend the Higher justment of status of certain nationals Education Act of 1965 to extend loan By Mr. REID (for himself and Mr. of Liberia to that of lawful permanent forgiveness for certain loans to Head SANDERS): residence. Start teachers. S. 986. A bill to expand eligibility for S. 673 S. 888 Combat-Related Special Compensation At the request of Mr. SALAZAR, the paid by the uniformed services in order name of the Senator from Alaska (Ms. At the request of Mr. DURBIN, the name of the Senator from Massachu- to permit certain additional retired MURKOWSKI) was added as a cosponsor setts (Mr. KENNEDY) was added as a co- members who have a service-connected of S. 673, a bill to amend the Internal disability to receive both disability Revenue Code of 1986 to provide credits sponsor of S. 888, a bill to amend sec- tion 1091 of title 18, United States compensation from the Department of for the installation of wind energy Veterans Affairs for that disability and property, including by rural home- Code, to allow the prosecution of geno- cide in appropriate circumstances. Combat-Related Special Compensation owners, farmers, ranchers, and small by reason of that disability; to the S. 903 businesses, and for other purposes. Committee on Armed Services. At the request of Mr. DURBIN, the S. 682 Mr. REID. Mr. President, before I in- name of the Senator from New Mexico At the request of Mr. KENNEDY, the troduce my legislation, The Combat names of the Senator from Georgia (Mr. BINGAMAN) was added as a cospon- Related Special Compensation Act of sor of S. 903, a bill to award a Congres- (Mr. ISAKSON), the Senator from Wis- 2007, I would like to briefly talk about sional Gold Medal to Dr. Muhammad consin (Mr. FEINGOLD), the Senator the unfair treatment and the deplor- Yunus, in recognition of his contribu- from New Hampshire (Mr. SUNUNU), the able health care conditions found at tions to the fight against global pov- Senator from Tennessee (Mr. ALEX- the Walter Reed Army Medical Center. erty. ANDER), the Senator from Alaska (Ms. I feel that the current situation there MURKOWSKI), the Senator from Texas S. 914 has some bearing on my legislation. (Mrs. HUTCHISON), the Senator from At the request of Mr. VOINOVICH, the Walter Reed is one of the Army’s Utah (Mr. HATCH), the Senator from name of the Senator from Kentucky best-known and premier medical facili- North Dakota (Mr. CONRAD), the Sen- (Mr. BUNNING) was added as a cosponsor ties for wounded service members in ator from Connecticut (Mr. DODD) and of S. 914, a bill to authorize the States the country. Numerous reports by the the Senator from South Carolina (Mr. (and subdivisions thereof), the District Government Accounting Office and GRAHAM) were added as cosponsors of of Columbia, territories, and posses- transcripts of congressional testimony S. 682, a bill to award a congressional sions of the United States to provide indicate that many of our military fa- gold medal to Edward William Brooke certain tax incentives to any person for cilities for wounded outpatients are in III in recognition of his unprecedented economic development purposes. disarray. These facilities are plagued and enduring service to our Nation. S. 959 by mold, mice, stained carpets, and a S. 756 At the request of Mrs. CLINTON, the system ill equipped to handle another At the request of Mr. DODD, the name names of the Senator from Ohio (Mr. generation of psychologically scarred of the Senator from Louisiana (Ms. BROWN) and the Senator from Vermont veterans. LANDRIEU) was added as a cosponsor of (Mr. SANDERS) were added as cospon- Nearly 4,000 outpatients are cur- S. 756, a bill to authorize appropria- sors of S. 959, a bill to award a grant to rently in the military’s Medical Hold- tions for the Department of Defense to enable Teach for America, Inc., to im- ing companies, which oversee the

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00028 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7597 wounded. Soldiers and veterans across Compensation Act of 2007, would con- sacrifices our service men and women the country report bureaucratic ne- tinue to chip away at this unfair pol- have made to protect our freedom. glect similar to Walter Reed’s: un- icy, by giving pro-rated retirement They serve because they love this great trained staff; misplaced paperwork; benefits to our service men and women country. Taking care of our veterans is lost computer generated medical ap- who are forced into early retirement not only the right thing to do; it is also pointments; and long waits for con- because of their combat-related inju- important for our efforts to win the sultations. These serious problems ries. war on terror. In our all-volunteer have resulted from bureaucratic red Our veterans on a day-to-day basis military, it is critical to attract and tape and substandard health care con- sacrifice their life for our country. As retain professional and dedicated sol- ditions. This situation is unacceptable. public servants, we Americans owe it diers. In turn, they expect that we will We have not fulfilled our covenant, nor to our dedicated service men and honor our commitments to provide have we kept our promise to take care women to end this inequity. We must health care and other primary benefits of our troops. support our troops; we must ensure for them and their families. Our dedicated service members took that those who serve us with dignity By ending this unfair policy, we now an oath to serve our Nation. We as pol- and valor receive these deserving bene- have an opportunity to show our grati- icy makers have a moral obligation to fits. They have earned it and they de- tude to our veterans. If we are to truly take care of these dedicated service serve it. honor the sacrifices of our veterans, we men and women that have shown he- My legislation will take care of sol- need to ensure that those who were in- roic patriotism in Afghanistan and diers who had hoped to make the mili- jured in defense of our Nation receive Iraq. tary a career, but were discharged pre- these well deserved benefits. ‘‘As described in the Washington maturely for an injury sustained in While our Nation is at war, there is Post’’, It is not just a problem at Wal- combat and forced to retire medically no better honor we could bestow upon them than to pass this legislation. ter Reed: others describe depressing before attaining 20 years of service. Mr. President, I ask unanimous con- living conditions for outpatients at Like many of you, I have visited sent that the text of this legislation be military bases throughout the country. military hospitals on several occasions printed in the RECORD. Let me share with you the comments and have seen first hand the injuries of a 70-year-old soldier, Mr. Oliva, who There being no objection, the mate- sustained by our military personnel. rial was ordered to be printed in the is worried about the military health Many of the members have reached the care our wounded will receive. He de- RECORD, as follows: 10-, 12-, 14-year marks of their military S. 986 scribed his own troubling experiences careers and have been forced to retire Be it enacted by the Senate and House of Rep- at the VA hospital in Livermore, CA. medically before they meet the 20-year ‘‘It is not just Walter Reed,’’ Mr. resentatives of the United States of America in requirement to receive full benefits. Congress assembled, Oliva states. ‘‘The VA hospitals are not Right now, these soldiers receive com- good either except for the staff mem- SECTION 1. SHORT TITLE. bat-related disability benefits, but are This Act may be cited as the ‘‘Combat-Re- bers who work so hard. It brings tears not eligible to receive retirement bene- lated Special Compensation Act of 2007’’. to my eyes when I see my brothers and fits because they cannot fulfill the 20- SEC. 2. EXPANSION OF COMBAT-RELATED SPE- sisters having to deal with these condi- year service requirement. CIAL COMPENSATION ELlGIBILITY tions.’’ FOR CHAPTER 61 MILITARY RETIR- This is a travesty to treat our dedi- Mr. Oliva is but one voice in a vast EES. cated service men and women inequi- outpouring of emotion and anger about (a) ELIGIBILITY.—Subsection (c) of section 1413a of title 10, United States Code, is the treatment of wounded outpatients tably. It’s wrong. We should not penalize veterans be- amended by striking ‘‘entitled to retired pay at Walter Reed. Stories of neglect and cause they incurred a combat-related who—’’ and all that follows and inserting substandard care have flooded in from injury while serving their country. ‘‘who— soldiers, their family members, vet- ‘‘(1) is entitled to retired pay (other than erans, doctors and nurses working in- This legislation will ensure they will by reason of section 12731b of this title); and side the system. This is appalling and receive both their prorated military re- ‘‘(2) has a combat-related disability.’’. tirement pay, along with their dis- (b) COMPUTATION.—Paragraph (3) of sub- an embarrassment to our Nation. section (b) of such section is amended— I am particularly concerned that ability compensation. Let me point out that this legislation (1) by designating the text of that para- some of the highest ranking officials graph as subparagraph (A), realigning that were aware of the problem for almost is especially important given the inju- text so as to be indented 4 ems from the left two years, but took no action to cor- ries sustained by these troops that are margin, and inserting before ‘‘In the case of’’ rect the situation. While we have seen currently serving in Afghanistan, Iraq, the following heading: ‘‘IN GENERAL.—’’; and some positive signs from the fallout and other theaters throughout the (2) by adding at the end the following new subparagraph: over the scandal, such as the firing of world. This legislation is essential for the more than 23,000 injured personnel ‘‘(B) SPECIAL RULE FOR RETIREES WITH the head of Walter Reed and the estab- FEWER THAN 20 YEARS OF SERVICE.—In the lishment of a bipartisan commission, who are returning from war. The wide- case of an eligible combat-related disabled more must be done. spread use of improvised explosive de- uniformed services retiree who is retired Our soldiers receive first class care in vices (IED) has created numerous am- under chapter 61 of this title with fewer than combat, and they should receive the putees and therefore, result in an in- 20 years of creditable service, the amount of same level of care in our own country. crease in medically discharged vet- the payment under paragraph (1) for any Congress must lead the way in this ef- erans. As described in stories reported month shall be reduced by the amount (if by the Washington Post, a 25-year-old any) by which the amount of the member’s fort. We must continue our efforts and retired pay under chapter 61 of this title ex- soldier got too close to an IED in Iraq pass legislation that will improve the ceeds the amount equal to 211⁄2 percent of the quality of life for all of America’s he- and was sent to Walter Reed, where member’s years of creditable service multi- roes, including providing them with doctors did all they could before ship- plied by the member’s retired pay base under the benefits they have earned. ping the soldier to the VA for the re- section 1406(b)(1) or 1407 of this title, which- Today, I join with many of my Sen- mainder of his life. Will this young sol- ever is applicable to the member.’’. ate colleagues to fight and end the ban dier be one of the victims of war that (c) EFFECTIVE DATE.—-The amendments on current receipt so that disabled vet- do not receive disability compensation made by this section shall take effect on January 1, 2008, and shall apply to payments erans can get the fair benefits they de- and military retirement pay? for months beginning on or after that date. serve. We have made some progress Mr. President, ensuring our veterans over the last few years, but as everyone receive retirement benefits they have By Mr. BINGAMAN (for himself knows, we still have a lot of work to earned is the right thing to do, espe- and Mr. DOMENICI): do. cially in light of recent issues sur- S. 987. A bill to enhance the energy The legislation I am introducing rounding the treatment of patients at security of the United States by pro- today—the Combat-Related Special Walter Reed. We must never forget the moting biofuels and for other purposes;

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00029 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7598 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 to the Committee on Energy and Nat- Sec. 1. Short title; table of contents. (III) other plants and trees grown for en- ural Resources. Sec. 2. Definitions. ergy production; and Mr. President, I am very pleased to TITLE I—RENEWABLE FUEL STANDARD (IV) algae; and introduce the Biofuels for Energy Secu- Sec. 101. Renewable fuel standard. (ii) waste material, including— (I) crop residue; rity and Transportation Act of 2007, TITLE II—RENEWABLE FUELS (II) other vegetative waste material (in- INFRASTRUCTURE along with my co-sponsor, Senator cluding wood waste and wood residues); DOMENICI. This bipartisan bill will in- Sec. 201. Infrastructure pilot program for re- (III) animal waste and byproducts (includ- crease our use of home-grown biofuels newable fuels. ing fats, oils, greases, and manure); and and reduce our dependence on imported Sec. 202. Bioenergy research and develop- (IV) municipal solid waste. ment. oil. (C) EXCLUSIONS.—The term ‘‘renewable bio- The bill establishes a new Renewable Sec. 203. Bioresearch centers for systems bi- mass’’ does not include old-growth timber of ology program. a forest from the late successional stage of Fuel Standard. Starting in 2008, the Sec. 204. Loan guarantees for renewable fuel forest development. new renewable fuel standard will re- facilities. (5) RENEWABLE FUEL.— quire 8.5 billion gallons of renewable Sec. 205. Grants for renewable fuel produc- (A) IN GENERAL.—The term ‘‘renewable fuel. The standard increases gradually tion research and development fuel’’ means motor vehicle fuel, boiler fuel, in certain States. to 15 billion gallons per year by 2015. or home heating fuel that is— Sec. 206. Grants for infrastructure for trans- After 2015, a complementary ‘‘advanced (i) produced from renewable biomass; and portation of biomass to local biofuel’’ standard takes effect. This (ii) used to replace or reduce the quantity biorefineries. standard requires 3 billion gallons per Sec. 207. Biorefinery information center. of fossil fuel present in a fuel mixture used year of advanced biofuels in 2016 and Sec. 208. Conversion assistance for cellulosic to operate a motor vehicle, boiler, or furnace increases steadily to reach 21 billion biomass, waste-derived ethanol, that would otherwise operate using fossil gallons per year in 2022, for a total re- approved renewable fuels. fuel. newable fuel standard of 36 billion gal- Sec. 209. Alternative fuel database and ma- (B) INCLUSION.—The term ‘‘renewable fuel’’ terials. includes— lons per year in 2022. (i) conventional biofuel; and The bill includes a number of provi- Sec. 210. Fuel tank cap labeling require- ment. (ii) advanced biofuel. sions to expand the renewable trans- (6) SECRETARY.—The term ‘‘Secretary’’ TITLE III—STUDIES portation fuel infrastructure of the means the Secretary of Energy. United States. A pilot program for re- Sec. 301. Study of advanced biofuels tech- (7) SMALL REFINERY.—The term ‘‘small re- newable fuel corridors is created. Fund- nologies. finery’’ means a refinery for which the aver- Sec. 302. Study of increased consumption of age aggregate daily crude oil throughput for ing for biofuels research is increased, ethanol-blended gasoline with with new research centers established a calendar year (as determined by dividing higher levels of ethanol. the aggregate throughput for the calendar to include more of the country’s di- Sec. 303. Pipeline feasibility study. year by the number of days in the calendar verse biofuels feedstocks. To promote Sec. 304. Study of optimization of alter- year) does not exceed 75,000 barrels. the growth of local biorefineries, a na- native fueled vehicles to use E– tional biorefinery information center 85 fuel. TITLE I—RENEWABLE FUEL STANDARD is established. Further toward that Sec. 305. Study of credits for use of renew- able electricity in electric vehi- SEC. 101. RENEWABLE FUEL STANDARD. end, a competitive grant program is es- cles. tablished to develop infrastructure to (a) RENEWABLE FUEL PROGRAM.— SEC. 2. DEFINITIONS. (1) REGULATIONS.— support local biorefineries. In this Act: (A) IN GENERAL.—Not later than 1 year Finally, the bill calls for a number of (1) ADVANCED BIOFUEL.— after the date of enactment of this Act, the studies that will explore how we should (A) IN GENERAL.—The term ‘‘advanced President shall promulgate regulations to move forward with biofuels. Studies in- biofuel’’ means fuel derived from renewable ensure that motor vehicle fuel, home heating clude: the feasibility of nationwide eth- biomass other than corn kernels. oil, and boiler fuel sold or introduced into anol blended gasoline at levels between (B) INCLUSIONS.—The term ‘‘advanced commerce in the United States (except in 10 and 25 percent (E10 to E25); the feasi- biofuel’’ includes— noncontiguous States or territories), on an bility of dedicated ethanol pipelines; (i) ethanol derived from cellulose, hemi- annual average basis, contains the applicable optimization of flex fuels vehicles, cellulose, or lignin; volume of renewable fuel determined in ac- (ii) ethanol derived from sugar or starch, cordance with paragraph (2). which are currently optimized to run other than ethanol derived from corn ker- (B) PROVISIONS OF REGULATIONS.—Regard- on gasoline, to run on E85; an assess- nels; less of the date of promulgation, the regula- ment of the state of advanced biofuels (iii) ethanol derived from waste material, tions promulgated under subparagraph (A)— technology, in advance of the advanced including crop residue, other vegetative (i) shall contain compliance provisions ap- biofuel standard in 2015; and allowing waste material, animal waste, and municipal plicable to refineries, blenders, distributors, for renewable fuel standard credit gen- solid waste; and importers, as appropriate, to ensure that eration through plug in hybrids. (iv) diesel-equivalent fuel derived from re- the requirements of this subsection are met; The introduction of this bill is the newable biomass, including vegetable oil and but animal fat; (ii) shall not— beginning of what I hope will be a sub- (v) biogas produced by the anaerobic diges- (I) restrict geographic areas in the contig- stantive exploration of the comprehen- tion or fermentation of organic matter from uous United States in which renewable fuel sive set of issues surrounding the role renewable biomass; and may be used; or of biofue1s in meeting our future en- (vi) butanol produced by the fermentation (II) impose any per-gallon obligation for ergy security. of renewable biomass. the use of renewable fuel. Mr. President, I ask unanimous con- (2) CELLULOSIC BIOMASS ETHANOL.—The (C) RELATIONSHIP TO OTHER REGULATIONS.— sent that the full text of the bill be term ‘‘cellulosic biomass ethanol’’ means Regulations promulgated under this para- printed in the RECORD. ethanol derived from any cellulose, hemi- graph shall, to the maximum extent prac- There being no objection, the mate- cellulose, or lignin that is derived from re- ticable, incorporate the program structure, rial was ordered to be printed in the newable biomass. compliance, and reporting requirements es- (3) CONVENTIONAL BIOFUEL.—The term tablished under the final regulations promul- RECORD, as follows: ‘‘conventional biofuel’’ means ethanol de- gated to implement the renewable fuel pro- S. 987 rived from corn kernels. gram established by the amendment made by Be it enacted by the Senate and House of Rep- (4) RENEWABLE BIOMASS.— section 1501(a)(2) of the Energy Policy Act of resentatives of the United States of America in (A) IN GENERAL.—The term ‘‘renewable bio- 2005 (Public Law 109–58; 119 Stat. 1067). Congress assembled, mass’’ means any organic matter that is (2) APPLICABLE VOLUME.— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. available on a renewable or recurring basis. (A) CALENDAR YEARS 2008 THROUGH 2022.— (a) SHORT TITLE.—This Act may be cited as (B) INCLUSIONS.—The term ‘‘renewable bio- (i) RENEWABLE FUEL.—For the purpose of the ‘‘Biofuels for Energy Security and Trans- mass’’ includes— paragraph (1), subject to clause (ii), the ap- portation Act of 2007’’. (i) renewable plant material, including— plicable volume for any of calendar years (b) TABLE OF CONTENTS.—The table of con- (I) feed grains; 2008 through 2022 shall be determined in ac- tents of this Act is as follows: (II) other agricultural commodities; cordance with the following table:

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00030 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7599 Applicable volume of of each of calendar years 2008 through 2021, transparency in markets for the sale and renewable fuel the Administrator of the Energy Information trade of credits, with due regard for the pub- (in billions of Administration shall provide to the Presi- lic interest, the integrity of those markets, Calendar year: gallons): dent an estimate, with respect to the fol- fair competition, and the protection of con- 2008 ...... 8.5 lowing calendar year, of the volumes of gaso- sumers and agricultural producers. 2009 ...... 10.5 line projected to be sold or introduced into (e) SEASONAL VARIATIONS IN RENEWABLE 2010 ...... 12.0 commerce in the United States. FUEL USE.— 2011 ...... 12.6 (2) DETERMINATION OF APPLICABLE PERCENT- (1) STUDY.—For each of calendar years 2007 2012 ...... 13.2 AGES.— 2013 ...... 13.8 (A) IN GENERAL.—Not later than November through 2020, the Administrator of the En- 2014 ...... 14.4 30 of each of calendar years 2008 through 2022, ergy Information Administration shall con- 2015 ...... 15.0 based on the estimate provided under para- duct a study of renewable fuel blending to 2016 ...... 18.0 graph (1), the President shall determine and determine whether there are excessive sea- 2017 ...... 21.0 publish in the Federal Register, with respect sonal variations in the use of renewable fuel. 2018 ...... 24.0 to the following calendar year, the renewable (2) REGULATION OF EXCESSIVE SEASONAL 2019 ...... 27.0 fuel obligation that ensures that the require- VARIATIONS.—If, for any calendar year, the 2020 ...... 30.0 ments of subsection (a) are met. Administrator of the Energy Information 2021 ...... 33.0 (B) REQUIRED ELEMENTS.—The renewable Administration, based on the study under 2022 ...... 36.0 fuel obligation determined for a calendar paragraph (1), makes the determinations (ii) ADVANCED BIOFUELS.—For the purpose year under subparagraph (A) shall— specified in paragraph (3), the President shall of paragraph (1), of the volume of renewable (i) be applicable to refineries, blenders, and promulgate regulations to ensure that 25 fuel required under clause (i), the applicable importers, as appropriate; percent or more of the quantity of renewable volume for any of calendar years 2016 (ii) be expressed in terms of a volume per- fuel necessary to meet the requirements of through 2022 for advanced biofuels shall be centage of gasoline sold or introduced into subsection (a) is used during each of the 2 pe- determined in accordance with the following commerce in the United States; and riods specified in paragraph (4) of each subse- table: (iii) subject to paragraph (3)(A), consist of quent calendar year. Applicable volume of a single applicable percentage that applies to (3) DETERMINATIONS.—The determinations advanced biofuels all categories of persons specified in clause referred to in paragraph (2) are that— (in billions of (i). (A) less than 25 percent of the quantity of Calendar year: gallons): (3) ADJUSTMENTS.—In determining the ap- renewable fuel necessary to meet the re- 2016 ...... 3.0 plicable percentage for a calendar year, the quirements of subsection (a) has been used 2017 ...... 6.0 President shall make adjustments— during 1 of the 2 periods specified in para- 2018 ...... 9.0 (A) to prevent the imposition of redundant graph (4) of the calendar year; 2019 ...... 12.0 obligations on any person specified in para- (B) a pattern of excessive seasonal vari- 2020 ...... 15.0 graph (2)(B)(i); and ation described in subparagraph (A) will con- 2021 ...... 18.0 (B) to account for the use of renewable fuel tinue in subsequent calendar years; and 2022 ...... 21.0 during the previous calendar year by small (C) promulgating regulations or other re- (B) CALENDAR YEAR 2023 AND THEREAFTER.— refineries that are exempt under subsection quirements to impose a 25 percent or more Subject to subparagraph (C), for the purposes (g). seasonal use of renewable fuels will not sig- of paragraph (1), the applicable volume for (c) VOLUME CONVERSION FACTORS FOR RE- nificantly— calendar year 2023 and each calendar year NEWABLE FUELS BASED ON ENERGY CONTENT (i) increase the price of motor fuels to the thereafter shall be determined by the Presi- OR REQUIREMENTS.— consumer; or dent, in coordination with the Secretary of (1) IN GENERAL.—For the purpose of sub- (ii) prevent or interfere with the attain- Energy, the Secretary of Agriculture, and section (a), the President shall assign values ment of national ambient air quality stand- the Administrator of the Environmental to specific types of advanced biofuels for the ards. Protection Agency, based on a review of the purpose of satisfying the fuel volume re- (4) PERIODS.—The 2 periods referred to in implementation of the program during cal- quirements of subsection (a)(2) in accordance this subsection are— endar years 2007 through 2022, including a re- with this subsection. (A) April through September; and view of— (2) ENERGY CONTENT RELATIVE TO ETH- (B) January through March and October (i) the impact of renewable fuels on the en- ANOL.—For advanced biofuel, 1 gallon of the through December. ergy security of the United States; advanced biofuel shall be considered to be (ii) the expected annual rate of future pro- the equivalent of 1 gallon of renewable fuel (f) WAIVERS.— duction of renewable fuels, including ad- multiplied by the ratio that— (1) IN GENERAL.—The President, in con- vanced biofuels; and (A) the number of British thermal units of sultation with the Secretary of Energy, the (iii) the impact of the use of renewable energy produced by the combustion of 1 gal- Secretary of Agriculture, and the Adminis- fuels on other factors, including job creation, lon of the advanced biofuel (as measured trator of the Environmental Protection the price and supply of agricultural commod- under conditions determined by the Sec- Agency, may waive the requirements of sub- ities, rural economic development, and the retary); bears to section (a) in whole or in part on petition by environment. (B) the number of British thermal units of one or more States by reducing the national (C) MINIMUM APPLICABLE VOLUME.—Subject energy produced by the combustion of 1 gal- quantity of renewable fuel required under to subparagraph (D), for the purpose of para- lon of pure ethanol (as measured under con- subsection (a), based on a determination by graph (1), the applicable volume for calendar ditions determined by the Secretary to be the President (after public notice and oppor- year 2023 and each calendar year thereafter comparable to conditions described in sub- tunity for comment), that— shall be equal to the product obtained by paragraph (A)). (A) implementation of the requirement multiplying— (3) TRANSITIONAL ENERGY-RELATED CONVER- would severely harm the economy or envi- (i) the number of gallons of gasoline that SION FACTORS FOR CELLULOSIC BIOMASS ETH- ronment of a State, a region, or the United the President estimates will be sold or intro- ANOL.—For any of calendar years 2008 States; or duced into commerce in the calendar year; through 2015, 1 gallon of cellulosic biomass (B) extreme and unusual circumstances and ethanol shall be considered to be the equiva- exist that prevent distribution of an ade- (ii) the ratio that— lent of 2.5 gallons of renewable fuel. quate supply of domestically-produced re- (I) 36,000,000,000 gallons of renewable fuel; (d) CREDIT PROGRAM.— newable fuel to consumers in the United bears to (1) IN GENERAL.—The President, in con- States. (II) the number of gallons of gasoline sold sultation with the Secretary and the Admin- (2) PETITIONS FOR WAIVERS.—The President, or introduced into commerce in calendar istrator of the Environmental Protection in consultation with the Secretary of En- year 2022. Agency, shall implement a credit program to ergy, the Secretary of Agriculture, and the (D) MAXIMUM QUANTITY DERIVED FROM CON- manage the renewable fuel requirement of Administrator of the Environmental Protec- VENTIONAL BIOFUEL FEEDSTOCKS.—For the this section in a manner consistent with the tion Agency, shall approve or disapprove a purpose of paragraph (1), the applicable vol- credit program established by the amend- State petition for a waiver of the require- ume for calendar year 2023 and each calendar ment made by section 1501(a)(2) of the En- ments of subsection (a) within 90 days after year thereafter shall not exceed 15,000,000,000 ergy Policy Act of 2005 (Public Law 109–58; the date on which the petition is received by gallons of conventional biofuel. 119 Stat. 1067). the President. (b) APPLICABLE PERCENTAGES.— (2) MARKET TRANSPARENCY.—In carrying (3) TERMINATION OF WAIVERS.—A waiver (1) PROVISION OF ESTIMATE OF VOLUMES OF out the credit program under this sub- granted under paragraph (1) shall terminate GASOLINE SALES.—Not later than October 31 section, the President shall facilitate price after 1 year, but may be renewed by the

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President after consultation with the Sec- (i) EFFECTIVE DATE.—Except as otherwise pilot program in partnership with public and retary of Energy, the Secretary of Agri- specifically provided in this section, this sec- private entities. culture, and the Administrator of the Envi- tion takes effect on January 1, 2008. (d) SELECTION CRITERIA.—In evaluating ap- ronmental Protection Agency. TITLE II—RENEWABLE FUELS plications under the pilot program, the Sec- retary shall— (g) SMALL REFINERIES.— INFRASTRUCTURE (1) consider the experience of each appli- (1) TEMPORARY EXEMPTION.— SEC. 201. INFRASTRUCTURE PILOT PROGRAM cant with previous, similar projects; and (A) IN GENERAL.—The requirements of sub- FOR RENEWABLE FUELS. (2) give priority consideration to applica- section (a) shall not apply to small refineries (a) IN GENERAL.—The Secretary, in con- tions that— until calendar year 2013. sultation with the Secretary of Transpor- (A) are most likely to maximize displace- (B) EXTENSION OF EXEMPTION.— tation and the Administrator of the Environ- ment of petroleum consumption; (i) STUDY BY SECRETARY.—Not later than mental Protection Agency, shall establish a (B) demonstrate the greatest commitment December 31, 2008, the Secretary shall sub- competitive grant pilot program (referred to on the part of the applicant to ensure fund- mit to the President and Congress a report in this section as the ‘‘pilot program’’), to be ing for the proposed project and the greatest describing the results of a study to deter- administered through the Vehicle Tech- likelihood that the project will be main- mine whether compliance with the require- nology Deployment Program of the Depart- tained or expanded after Federal assistance ments of subsection (a) would impose a dis- ment of Energy, to provide not more than 10 geographically-dispersed project grants to under this subsection is completed; proportionate economic hardship on small (C) represent a partnership of public and refineries. State governments, local governments, met- ropolitan transportation authorities, or private entities; and (ii) EXTENSION OF EXEMPTION.—In the case partnerships of those entities to carry out 1 (D) exceed the minimum requirements of of a small refinery that the Secretary deter- subsection (c)(1)(B). mines under clause (i) would be subject to a or more projects for the purposes described (e) PILOT PROJECT REQUIREMENTS.— disproportionate economic hardship if re- in subsection (b). (b) GRANT PURPOSES.—A grant under this (1) MAXIMUM AMOUNT.—The Secretary shall quired to comply with subsection (a), the section shall be used for the establishment of provide not more than $20,000,000 in Federal President shall extend the exemption under refueling infrastructure corridors, as des- assistance under the pilot program to any subparagraph (A) for the small refinery for a ignated by the Secretary, for gasoline blends applicant. period of not less than 2 additional years. that contain at least 85 percent renewable (2) COST SHARING.—The non-Federal share (2) PETITIONS BASED ON DISPROPORTIONATE fuel or diesel fuel that contains at least 10 of the cost of any activity relating to renew- ECONOMIC HARDSHIP.— percent renewable fuel, including— able fuel infrastructure development carried (A) EXTENSION OF EXEMPTION.—A small re- (1) installation of infrastructure and equip- out using funds from a grant under this sec- finery may at any time petition the Presi- ment necessary to ensure adequate distribu- tion shall be not less than 20 percent. dent for an extension of the exemption under tion of renewable fuels within the corridor; (3) MAXIMUM PERIOD OF GRANTS.—The Sec- paragraph (1) for the reason of dispropor- (2) installation of infrastructure and equip- retary shall not provide funds to any appli- tionate economic hardship. ment necessary to directly support vehicles cant under the pilot program for more than (B) EVALUATION OF PETITIONS.—In evalu- powered by renewable fuels; and 2 years. ating a petition under subparagraph (A), the (3) operation and maintenance of infra- (4) DEPLOYMENT AND DISTRIBUTION.—The President, in consultation with the Sec- structure and equipment installed as part of Secretary shall seek, to the maximum extent retary, shall consider the findings of the a project funded by the grant. practicable, to ensure a broad geographic study under paragraph (1)(B) and other eco- (c) APPLICATIONS.— distribution of project sites funded by grants nomic factors. (1) REQUIREMENTS.— under this section. (C) DEADLINE FOR ACTION ON PETITIONS.— (A) IN GENERAL.—Subject to subparagraph (5) TRANSFER OF INFORMATION AND KNOWL- The President shall act on any petition sub- (B), not later than 90 days after the date of EDGE.—The Secretary shall establish mecha- mitted by a small refinery for a hardship ex- enactment of this Act, the Secretary shall nisms to ensure that the information and emption not later than 90 days after the date issue requirements for use in applying for knowledge gained by participants in the of receipt of the petition. grants under the pilot program. pilot program are transferred among the (3) OPT-IN FOR SMALL REFINERIES.—A small (B) MINIMUM REQUIREMENTS.—At a min- pilot program participants and to other in- refinery shall be subject to the requirements imum, the Secretary shall require that an terested parties, including other applicants of subsection (a) if the small refinery noti- application for a grant under this section— that submitted applications. fies the President that the small refinery (i) be submitted by— (f) SCHEDULE.— waives the exemption under paragraph (1). (I) the head of a State or local government (1) INITIAL GRANTS.— (h) PENALTIES AND ENFORCEMENT.— or a metropolitan transportation authority, (A) IN GENERAL.—Not later than 90 days (1) CIVIL PENALTIES.— or any combination of those entities; and after the date of enactment of this Act, the (A) IN GENERAL.—Any person that violates (II) a registered participant in the Vehicle Secretary shall publish in the Federal Reg- a regulation promulgated under subsection Technology Deployment Program of the De- ister, Commerce Business Daily, and such (a), or that fails to furnish any information partment of Energy; and other publications as the Secretary considers required under such a regulation, shall be (ii) include— to be appropriate, a notice and request for liable to the United States for a civil penalty (I) a description of the project proposed in applications to carry out projects under the of not more than the total of— the application, including the ways in which pilot program. (i) $25,000 for each day of the violation; and the project meets the requirements of this (B) DEADLINE.—An application described in (ii) the amount of economic benefit or sav- section; subparagraph (A) shall be submitted to the ings received by the person resulting from (II) an estimate of the degree of use of the Secretary by not later than 180 days after the violation, as determined by the Presi- project, including the estimated size of fleet the date of publication of the notice under dent. of vehicles operated with renewable fuel that subparagraph. (B) COLLECTION.—Civil penalties under sub- available within the geographic region of the (C) INITIAL SELECTION.—Not later than 90 paragraph (A) shall be assessed by, and col- corridor; days after the date by which applications for lected in a civil action brought by, the Sec- (III) an estimate of the potential petro- grants are due under subparagraph (B), the retary or such other officer of the United leum displaced as a result of the project, and Secretary shall select by competitive, peer- States as is designated by the President. a plan to collect and disseminate petroleum reviewed proposal up to 5 applications for (2) INJUNCTIVE AUTHORITY.— displacement and other relevant data relat- projects to be awarded a grant under the (A) IN GENERAL.—The district courts of the ing to the project to be funded under the pilot program. United States shall have jurisdiction to— grant, over the expected life of the project; (2) ADDITIONAL GRANTS.— (i) restrain a violation of a regulation pro- (IV) a description of the means by which (A) IN GENERAL.—Not later than 2 years mulgated under subsection (a); the project will be sustainable without Fed- after the date of enactment of this Act, the (ii) award other appropriate relief; and eral assistance after the completion of the Secretary shall publish in the Federal Reg- (iii) compel the furnishing of information term of the grant; ister, Commerce Business Daily, and such required under the regulation. (V) a complete description of the costs of other publications as the Secretary considers (B) ACTIONS.—An action to restrain such the project, including acquisition, construc- to be appropriate, a notice and request for violations and compel such actions shall be tion, operation, and maintenance costs over additional applications to carry out projects brought by and in the name of the United the expected life of the project; and under the pilot program that incorporate the States. (VI) a description of which costs of the information and knowledge obtained through (C) SUBPOENAS.—In the action, a subpoena project will be supported by Federal assist- the implementation of the first round of for a witness who is required to attend a dis- ance under this subsection. projects authorized under the pilot program. trict court in any district may apply in any (2) PARTNERS.—An applicant under para- (B) DEADLINE.—An application described in other district. graph (1) may carry out a project under the subparagraph (A) shall be submitted to the

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Secretary by not later than 180 days after renewable fuels as compared to commercial ‘‘(2) LIMITATION.—The total amount of the date of publication of the notice under technologies in service in the United States loans guaranteed for a facility by the Sec- that subparagraph. at the time that the guarantee is issued. retary shall not exceed 80 percent of the (C) INITIAL SELECTION.—Not later than 90 ‘‘(3) ISSUANCE OF FIRST LOAN GUARANTEES.— total cost of the facility, as estimated at the days after the date by which applications for The requirement of section 20320(b) of divi- time at which the guarantee is issued.’’. grants are due under subparagraph (B), the sion B of the Continuing Appropriations Res- (4) SUBROGATION.—Section 1702(g)(2) of the Secretary shall select by competitive, peer- olution, 2007 (Public Law 109–289, Public Law Energy Policy Act of 2005 (42 U.S.C. reviewed proposal such additional applica- 110–5), relating to the issuance of final regu- 16512(g)(2)) is amended— tions for projects to be awarded a grant lations, shall not apply to the first 6 guaran- (A) by striking subparagraph (B); and under the pilot program as the Secretary de- tees issued under this subsection. (B) by redesignating subparagraph (C) as termines to be appropriate. ‘‘(4) PROJECT DESIGN.—A project for which subparagraph (B). (g) REPORTS TO CONGRESS.— a guarantee is made under this subsection SEC. 205. GRANTS FOR RENEWABLE FUEL PRO- (1) INITIAL REPORT.—Not later than 60 days shall have a project design that has been DUCTION RESEARCH AND DEVELOP- after the date on which grants are awarded validated through the operation of a contin- MENT IN CERTAIN STATES. under this section, the Secretary shall sub- uous process pilot facility with an annual (a) IN GENERAL.—The Secretary shall pro- mit to Congress a report containing— output of at least 50,000 gallons of ethanol. vide grants to eligible entities to conduct re- (A) an identification of the grant recipi- ‘‘(5) MAXIMUM GUARANTEED PRINCIPAL.—The search into, and develop and implement, re- ents and a description of the projects to be total principal amount of a loan guaranteed newable fuel production technologies in funded under the pilot program; under this subsection may not exceed States with low rates of ethanol production, (B) an identification of other applicants $250,000,000 for a single facility. including low rates of production of cellu- that submitted applications for the pilot pro- ‘‘(6) AMOUNT OF GUARANTEE.—The Sec- losic biomass ethanol. gram but to which funding was not provided; retary shall guarantee 100 percent of the (b) ELIGIBILITY.—To be eligible to receive a and principal and interest due on 1 or more loans grant under the section, an entity shall— (C) a description of the mechanisms used made for a facility that is the subject of the (1)(A) be an institution of higher education by the Secretary to ensure that the informa- guarantee under paragraph (3). (as defined in section 2 of the Energy Policy tion and knowledge gained by participants in ‘‘(7) DEADLINE.—The Secretary shall ap- Act of 2005 (42 U.S.C. 15801)) located in a the pilot program are transferred among the prove or disapprove an application for a State described in subsection (a); or pilot program participants and to other in- guarantee under this subsection not later (B) be a consortium of such institutions of terested parties, including other applicants than 90 days after the date of receipt of the higher education, industry, State agencies, that submitted applications. application. or local government agencies located in the (2) EVALUATION.—Not later than 2 years ‘‘(8) REPORT.—Not later than 30 days after State; and after the date of enactment of this Act, and approving or disapproving an application (2) have proven experience and capabilities annually thereafter until the termination of under paragraph (7), the Secretary shall sub- with relevant technologies. UTHORIZATION OF APPROPRIATIONS.— the pilot program, the Secretary shall sub- mit to Congress a report on the approval or (c) A There is authorized to be appropriated to mit to Congress a report containing an eval- disapproval (including the reasons for the ac- carry out this section $25,000,000 for each of uation of the effectiveness of the pilot pro- tion).’’. (b) IMPROVEMENTS TO UNDERLYING LOAN fiscal years 2008 through 2010. gram, including an assessment of the petro- GUARANTEE AUTHORITY.— leum displacement and benefits to the envi- SEC. 206. GRANTS FOR INFRASTRUCTURE FOR (1) DEFINITION OF COMMERCIAL TECH- TRANSPORTATION OF BIOMASS TO ronment derived from the projects included NOLOGY.—Section 1701(1) of the Energy Pol- LOCAL BIOREFINERIES. in the pilot program. icy Act of 2005 (42 U.S.C. 16511(1)) is amended (a) IN GENERAL.—The Secretary shall con- (h) AUTHORIZATION OF APPROPRIATIONS.— by striking subparagraph (B) and inserting duct a program under which the Secretary There is authorized to be appropriated to the the following: shall provide grants to local governments Secretary to carry out this section ‘‘(B) EXCLUSION.—The term ‘commercial and other eligible entities (as determined by $200,000,000, to remain available until ex- technology’ does not include a technology if the Secretary) (referred to in this section as pended. the sole use of the technology is in connec- ‘‘eligible entities’’) to promote the develop- SEC. 202. BIOENERGY RESEARCH AND DEVELOP- tion with— ment of infrastructure to support the trans- MENT. ‘‘(i) a demonstration plant; or portation of biomass to local biorefineries, Section 931(c) of the Energy Policy Act of ‘‘(ii) a project for which the Secretary ap- including by portable processing equipment. 2005 (42 U.S.C. 16231(c)) is amended— proved a loan guarantee.’’. (b) PHASES.—The Secretary shall conduct (1) in paragraph (1), by striking (2) SPECIFIC APPROPRIATION OR CONTRIBU- the program in the following phases: ‘‘$213,000,000’’ and inserting ‘‘$326,000,000’’; TION.—Section 1702 of the Energy Policy Act (1) DEVELOPMENT.—In the first phase of the (2) in paragraph (2), by striking of 2005 (42 U.S.C. 16512) is amended by strik- program, the Secretary shall make grants to ‘‘$251,000,000’’ and inserting ‘‘$377,000,000’’; ing subsection (b) and inserting the fol- eligible entities to assist the eligible entities and lowing: in the development of local projects to pro- (3) in paragraph (3), by striking ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU- mote the development of infrastructure to ‘‘$274,000,000’’ and inserting ‘‘$398,000,000’’. TION.— support the transportation of biomass to SEC. 203. BIORESEARCH CENTERS FOR SYSTEMS ‘‘(1) IN GENERAL.—No guarantee shall be local biorefineries, including by portable BIOLOGY PROGRAM. made unless— processing equipment. Section 977(a)(1) of the Energy Policy Act ‘‘(A) an appropriation for the cost has been (2) IMPLEMENTATION.—In the second phase of 2005 (42 U.S.C. 16317(a)(1)) is amended by made; or of the program, the Secretary shall make inserting before the period at the end the fol- ‘‘(B) the Secretary has received from the competitive grants to eligible entities to im- lowing: ‘‘, including the establishment of at borrower a payment in full for the cost of plement projects developed under paragraph least 7 bioresearch centers that focus on the obligation and deposited the payment (1). biofuels, of which at least 1 center shall be into the Treasury. (c) AUTHORIZATION OF APPROPRIATIONS.— located in each of the 4 Petroleum Adminis- ‘‘(2) LIMITATION.—The source of payments There are authorized to be appropriated such tration for Defense Districts with no subdis- received from a borrower under paragraph sums as are necessary to carry out this sec- tricts and 1 center shall be located in each of (1)(B) shall not be a loan or other debt obli- tion. the subdistricts of the Petroleum Adminis- gation that is made or guaranteed by the SEC. 207. BIOREFINERY INFORMATION CENTER. tration for Defense District with subdis- Federal Government. (a) IN GENERAL.—The Secretary, in co- tricts’’. ‘‘(3) RELATION TO OTHER LAWS.—Section operation with the Secretary of Agriculture, SEC. 204. LOAN GUARANTEES FOR RENEWABLE 504(b) of the Federal Credit Reform Act of shall establish a biorefinery information FUEL FACILITIES. 1990 (2 U.S.C. 661c(b)) shall not apply to a center to make available to interested par- (a) IN GENERAL.—Section 1703 of the En- loan or loan guarantee made in accordance ties information on— ergy Policy Act of 2005 (42 U.S.C. 16513) is with paragraph (1)(B).’’. (1) renewable fuel resources, including in- amended by adding at the end the following: (3) AMOUNT.—Section 1702 of the Energy formation on programs and incentives for re- ‘‘(f) RENEWABLE FUEL FACILITIES.— Policy Act of 2005 (42 U.S.C. 16512) is amend- newable fuels; ‘‘(1) IN GENERAL.—The Secretary may make ed by striking subsection (c) and inserting (2) renewable fuel producers; guarantees under this title for projects that the following: (3) renewable fuel users; and produce advanced biofuel (as defined in sec- ‘‘(c) AMOUNT.— (4) potential renewable fuel users. tion 2 of the Biofuels for Energy Security ‘‘(1) IN GENERAL.—Subject to paragraph (2), (b) ADMINISTRATION.—In administering the and Transportation Act of 2007). the Secretary shall guarantee up to 100 per- biorefinery information center, the Sec- ‘‘(2) REQUIREMENTS.—A project under this cent of the principal and interest due on 1 or retary shall— subsection shall employ new or significantly more loans for a facility that are the subject (1) continually update information pro- improved technologies for the production of of the guarantee. vided by the center;

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(2) make information available to inter- TITLE III—STUDIES (c) REPORT.—Not later than 15 months ested parties on the process for establishing SEC. 301. STUDY OF ADVANCED BIOFUELS TECH- after the date of enactment of this Act, the a biorefinery; and NOLOGIES. Secretary shall submit to Congress a report (3) make information and assistance pro- (a) IN GENERAL.—Not later than October 1, describing the results of the study conducted vided by the center available through a toll- 2012, the Secretary shall offer to enter into a under this section. free telephone number and website. contract with the National Academy of SEC. 304. STUDY OF OPTIMIZATION OF ALTER- (c) AUTHORIZATION OF APPROPRIATIONS.— Sciences under which the Academy shall NATIVE FUELED VEHICLES TO USE There are authorized to be appropriated such conduct a study of technologies relating to E–85 FUEL. sums as are necessary to carry out this sec- the production, transportation, and distribu- (a) IN GENERAL.—The Secretary shall con- tion. tion of advanced biofuels. duct a study of methods of increasing the (b) SCOPE.—In conducting the study, the fuel efficiency of alternative fueled vehicles SEC. 208. CONVERSION ASSISTANCE FOR CELLU- Academy shall— by optimizing alternative fueled vehicles to LOSIC BIOMASS, WASTE-DERIVED operate using E–85 fuel. ETHANOL, APPROVED RENEWABLE (1) include an assessment of the maturity (b) REPORT.—Not later than 180 days after FUELS. of advanced biofuels technologies; (2) consider whether the rate of develop- the date of enactment of this Act, the Sec- (a) DEFINITIONS.—In this section: retary shall submit to the Committee on En- (1) APPROVED RENEWABLE FUEL.—The term ment of those technologies will be sufficient to meet the advanced biofuel standards re- ergy and Natural Resources of the Senate ‘‘approved renewable fuels’’ means an alter- and the Committee on Natural Resources of native or replacement fuel that— quired under section 101; (3) consider the effectiveness of the re- the House of Representatives a report that (A) has been approved under title III of the describes the results of the study, including Energy Policy Act of 1992 (42 U.S.C. 13211 et search and development programs and ac- tivities of the Department of Energy relating any recommendations of the Secretary. seq.); and SEC. 305. STUDY OF CREDITS FOR USE OF RE- (B) is made from renewable biomass. to advanced biofuel technologies; and (4) make policy recommendations to accel- NEWABLE ELECTRICITY IN ELEC- (2) PRODUCER.—The term ‘‘producer’’ TRIC VEHICLES. erate the development of those technologies means— (a) DEFINITION OF ELECTRIC VEHICLE.—In (A) a merchant producer; to commercial viability, as appropriate. this section, the term ‘‘electric vehicle’’ (c) REPORT.—Not later than November 30, (B) a farm or dairy cooperative; or means an electric motor vehicle (as defined 2014, the Secretary shall submit to the Com- (C) an association of agricultural pro- in section 601 of the Energy Policy Act of mittee on Energy and Natural Resources of ducers. 1992 (42 U.S.C. 13271)) for which the recharge- the Senate and the Committee on Energy (3) WASTE-DERIVED ETHANOL.—The term able storage battery— and Commerce of the House of Representa- ‘‘waste-derived ethanol’’ means ethanol de- (1) receives a charge directly from a source tives a report describing the results of the rived from— of electric current that is external to the ve- study conducted under this section. (A) animal waste (including poultry fat hicle; and and poultry waste) and other waste material; SEC. 302. STUDY OF INCREASED CONSUMPTION (2) provides a minimum of 80 percent of the or OF ETHANOL-BLENDED GASOLINE motive power of the vehicle. WITH HIGHER LEVELS OF ETHANOL. (B) municipal solid waste. (b) STUDY.—The Secretary shall conduct a (a) IN GENERAL.—The Secretary (in co- study on the feasibility of issuing credits (b) CONVERSION ASSISTANCE.—The Sec- operation with the Secretary of Agriculture, under the program established under section retary may provide grants to producers of the Administrator of the Environmental 101(d) to electric vehicles powered by elec- cellulosic biomass ethanol, waste-derived Protection Agency, and the Secretary of tricity produced from renewable energy ethanol, and approved renewable fuels in the Transportation) shall conduct a study of the sources. United States to assist the producers in feasibility of increasing consumption in the building eligible production facilities de- (c) REPORT.—Not later than 18 months United States of ethanol-blended gasoline after the date of enactment of this Act, the scribed in subsection (c) for the production with levels of ethanol that are not less than of ethanol or approved renewable fuels. Secretary shall submit to the Committee on 10 percent and not more than 25 percent, in- Energy and Natural Resources of the Senate (c) ELIGIBLE PRODUCTION FACILITIES.—A cluding a study of production and infrastruc- and the Committee on Energy and Commerce production facility shall be eligible to re- ture constraints on increasing the consump- of the House of Representatives a report that ceive a grant under this section if the pro- tion. describes the results of the study, including duction facility— EPORT.—Not later than 1 year after (b) R a description of— (1) is located in the United States; and the date of enactment of this Act, the Sec- (1) existing programs and studies on the (2) uses renewable biomass. retary shall submit to Congress a report de- use of renewable electricity as a means of scribing the results of the study conducted (d) AUTHORIZATION OF APPROPRIATIONS.— powering electric vehicles; and under this section. There are authorized to be appropriated to (2) alternatives for— carry out this section— SEC. 303. PIPELINE FEASIBILITY STUDY. (A) designing a pilot program to determine (1) $400,000,000 for fiscal year 2008; (a) IN GENERAL.—The Secretary, in coordi- the feasibility of using renewable electricity (2) $500,000,000 for fiscal year 2009; and nation with the Secretary of Agriculture and to power electric vehicles as an adjunct to a (3) $600,000,000 for fiscal year 2010. the Secretary of Transportation, shall con- renewable fuels mandate; SEC. 209. ALTERNATIVE FUEL DATABASE AND duct a study of the feasibility of the con- (B) allowing the use, under the pilot pro- MATERIALS. struction of dedicated ethanol pipelines. gram designed under subparagraph (A), of (b) FACTORS.—In conducting the study, the The Secretary and the Director of the Na- electricity generated from nuclear energy as Secretary shall consider— tional Institute of Standards and Technology an additional source of supply; (1) the quantity of ethanol production that shall jointly establish and make available to (C) identifying the source of electricity would make dedicated pipelines economi- the public— used to power electric vehicles; and cally viable; (1) a database that describes the physical (D) equating specific quantities of elec- (2) existing or potential barriers to dedi- properties of different types of alternative tricity to quantities of renewable fuel under cated ethanol pipelines, including technical, fuel; and section 101(d). siting, financing, and regulatory barriers; (2) standard reference materials for dif- (3) market risk (including throughput risk) ferent types of alternative fuel. BY Mr. MENENDEZ (for himself and means of mitigating the risk; and Mr. LAUTENBERG): SEC. 210. FUEL TANK CAP LABELING REQUIRE- (4) regulatory, financing, and siting op- S. 990. A bill to fight criminal gangs; MENT. tions that would mitigate risk in those areas Section 406(a) of the Energy Policy Act of and help ensure the construction of 1 or to the Committee on the Judiciary. 1992 (42 U.S.C. 13232(a)) is amended— more dedicated ethanol pipelines; Mr. MENDENEZ. Mr. President, (1) by striking ‘‘The Federal Trade Com- (5) financial incentives that may be nec- today, all across America, organized mission’’ and inserting the following: essary for the construction of dedicated eth- criminal gangs plague our commu- ‘‘(1) IN GENERAL.—The Federal Trade Com- anol pipelines, including the return on eq- nities, destroying the lives of thou- mission’’; and uity that sponsors of the initial dedicated sands of young children and adults (2) by adding at the end the following: ethanol pipelines will require to invest in the each and every year. Unfortunately, ‘‘(2) FUEL TANK CAP LABELING REQUIRE- pipelines; this plague is currently not being MENT.—Beginning with model year 2010, the (6) technical factors that may compromise treated effectively, and as a result has fuel tank cap of each alternative fueled vehi- the safe transportation of ethanol in pipe- cle manufactured for sale in the United lines, identifying remedial and preventative grown in size and power in almost States shall be clearly labeled to inform con- measures to ensure pipeline integrity; and every State in the Nation. In order to sumers that such vehicle can operate on al- (7) such other factors as the Secretary con- effectively counter this growing threat, ternative fuel.’’. siders appropriate. we cannot continue to believe it is only

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By providing ‘‘at-risk’’ youth lost one of its bravest and finest sons In light of this, it is clear that we with the resources and opportunities on the evening of August 7, 2006, when must recalibrate our efforts and—in ad- necessary to succeed in life, they will Detective Shields was ruthlessly shot- dition to our local initiatives—com- be far less susceptible to the pressures gunned to death by a reputed member prehensively confront gang violence at to join a criminal gang. of the Bloods gang, as he valiantly ran the national level. That is why I rise This bill would also attack one of the toward the sound of echoing gunfire— today, along with my colleague, Sen- roots of gang violence—gang recruit- Ran toward the gunfire. ator LAUTENBERG, to introduce the ers, who seek out young, economically This single act of heroism is con- Fighting Gangs and Empowering Youth disadvantaged, at-risk youth and pres- sistent with the way police officers Act of 2007. sure them to join. Currently, there is across this Nation live their daily Combining the efforts of Federal, no Federal law specifically forbidding lives. These are the people who are State, and local agencies, this legisla- gang recruitment. This legislation fighting day in and day out to keep our tion would utilize a multi-pronged ap- would change that—making it illegal communities safe. The best way to proach in order to comprehensively for a gang member to solicit or recruit honor the victims of gang violence and deal with all aspects of gang violence. others into a gang—and would incar- those who are still fighting it is to From rigorously enforcing and appro- cerate an offender for up to 10 years if fully commit ourselves to eradicating priately sentencing criminal acts, to the person being recruited was 18 or this cancer. To assist our frontline warriors in exposing and eliminating the root older, or up to 20 years if the individual their daily struggle against gang vio- causes of gang pervasiveness, this bill was under the age of 18. This provision lence, my proposal would provide law would simultaneously deter gang vio- would effectively target the kingpins enforcement officials on every level of lence while proactively targeting the of gangs, who cowardly order younger government with the resources and in- sources that have led to its expanding members to do their violent bidding, formation they need to accurately prevalence. callously sacrificing their lives like track and effectively neutralize crimi- Like most of the problems we face as pawns on a chessboard. nal gangs. Specifically, this legislation a society, gang violence can most effec- For those who have made wrong would establish a program similar to tively be handled by addressing its root choices in life, but are still capable of the current Community Oriented Polic- causes. In order to grow in size and rehabilitation, this bill would expand ing Services (COPS) program to aug- power, gangs need a large, self-replen- adult and juvenile offender reentry ment the number of police officers ishing pool of recruits to draw upon. demonstration projects to help with combating gangs in our local commu- They prey on areas that suffer from post-release and transitional housing, nities, and would authorize $700 million high dropout rates, crippling poverty, while promoting programs that hire annually for it. Additional funds would and rampant unemployment—areas former prisoners, and establish reentry be used to provide more forensic exam- where hope is often in short supply. All planning procedures within commu- iners to investigate, and more attor- too often children who live in these nities. To be eligible for early release, neys to prosecute, gang crimes. These areas are caught in a tragic web of prisoners with drug addictions would measures would show that we pay hom- gang violence simply because they can be required to participate in treatment age not just with our words, but more envision no other alternative. programs both while they are impris- importantly, with our actions, as we It is in these circumstances, where a oned as well as during their transition recognize the heroic deeds performed 15-year-old child sees life in a gang as period back into society. All offenders by law enforcement officials every sin- not just their best option, but often would be encouraged to participate in gle day. their only option—that gang member- educational initiatives such as job As is true with almost all problems, ship thrives. It is in these cir- training, GED preparation, and a myr- a better understanding of how gangs cumstances, where children do not an- iad of other programs designed to pro- operate translates into a better under- ticipate living to celebrate their 30th vide offenders with the skills necessary standing of how best to counter them. birthday—that gangs flourish. Not only to become legally employed when they That is why this bill would authorize does this environment destroy the life are released from prison. By providing additional funding for the National of the individual recruited—it also such individuals with an alternative Youth Gang Survey to increase the serves to strengthen the gang, further choice to a life of crime, lives can be number of law enforcement agencies reinforcing a vicious cycle. transformed and recidivism rates whose data is collected and included in Thus, any effort undertaken to com- amongst ex-convicts will be reduced. the annual survey and provide money bat gang violence must address the en- In addition to programs focused on to upgrade technology to better iden- vironment that transforms promising, gang violence prevention, we must pro- tify gang members and include them in young adolescents into ruthless tools vide law enforcement officials at every the National Gang Database. Addition- of a criminal enterprise. While we will level of government with all of the ally, this legislation would expand the probably never be able to completely tools and resources necessary for them Uniform Crime Reports (UCRs) to in- eliminate all acts of violence from our to safely and effectively protect and clude local gang and other crime sta- society, there is much we can do to in- serve their communities. All too often tistics from the municipal level, while still in our children the skills they these heroic officers are caught in the also requiring the Attorney General to need to pursue a law abiding life. To crossfire of gang violence, and all too distinguish those crimes committed by this end, my legislation would author- often they make the ultimate sacrifice juveniles. The bill also requires con- ize funds for afterschool and commu- so that others may live. solidation and standardization of nity-based programs designed to eco- One tragic example involves the late criminal databases, enabling law en- nomically empower young people. Dis- Detective Kiernan Shields from East forcement all across the country to advantaged students will be given the Orange, New Jersey. Detective Shields better share information. opportunity to realize their potential, was a rising star in the East Orange For those who still choose a life of through tutoring, mentoring, and job Police Department, living his lifelong crime, this proposal would increase the training programs as well as college dream of serving his community as an penalties for crimes committed in the preparation classes and tuition assist- officer of the peace. He was a devoted, furtherance of a gang. Gangs are de- ance. Additionally, millions of dollars loving husband and proud father of pendent on committing crimes such as

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Subsequently, ited tariff benefits to be printed in the Con- the extent known to the Member; gressional Record prior to its consideration; ‘‘(4) the purpose of such congressional ear- when these crimes are committed in or mark or limited tax or tariff benefit; and the furtherance of gang activity, they ‘‘(c) a conference report to accompany a ‘‘(5) a certification that the Member or can be more detrimental to society bill or joint resolution unless the joint ex- spouse has no financial interest in such con- than if they were committed in isola- planatory statement prepared by the man- gressional earmark or limited tax or tariff tion. Thus, these tougher sentencing agers on the part of the House and the man- benefit. requirements for crimes committed in agers on the part of the Senate includes a ‘‘(b) Each committee shall maintain the the furtherance of a gang are not only list, which shall be made available on the written statements transmitted under sub- paragraph (a). The written statements trans- appropriate, but necessary to deter Internet in a searchable format to the gen- eral public for at least 48 hours before con- mitted under subparagraph (a) for any con- gang violence and shield society from sideration of the conference report, of con- gressional earmarks, limited tax benefits, or its most dangerous and unremorseful gressional earmarks, limited tax benefits, limited tariff benefits included in any meas- criminals. and limited tariff benefits in the conference ure reported by the committee or conference Taken together, the provisions of report or joint statement (and the name of report filed by the chairman of the com- this bill develop a comprehensive ap- any Member, Delegate, Resident Commis- mittee or any subcommittee thereof shall be proach to gang violence by focusing on sioner, or Senator who submitted a request published in a searchable format on the com- prevention, deterrence, and enforce- to the House or Senate committees of juris- mittee’s or subcommittee’s website not later than 48 hours after receipt on such informa- ment. Failure to address all of these diction for each respective item included in such list) or a statement that the propo- tion. gang violence catalysts in their en- sition contains no congressional earmarks, ‘‘5. It shall not be in order to consider any tirety would leave us with an incom- limited tax benefits, or limited tariff bene- bill, resolution, or conference report that prehensive approach that would do lit- fits. contains an earmark included in any classi- tle to quell the scourge of gang vio- ‘‘2. For the purpose of this rule— fied portion of a report accompanying the lence. Therefore, I urge my colleagues ‘‘(a) the term ‘congressional earmark’ measure unless the bill, resolution, or con- to support the Fighting Gangs and Em- means a provision or report language in- ference report includes to the greatest ex- cluded primarily at the request of a Member, tent practicable, consistent with the need to powering Youth Act, and by doing so, protect national security (including intel- give law enforcement and our commu- Delegate, Resident Commissioner, or Sen- ator providing, authorizing or recommending ligence sources and methods), in unclassified nities the means to thoroughly and a specific amount of discretionary budget language, a general program description, comprehensively counter the growing authority, credit authority, or other spend- funding level, and the name of the sponsor of specter of gang violence that afflicts ing authority for a contract, loan, loan guar- that earmark.’’. our great Nation. antee, grant, loan authority, or other ex- f penditure with or to an entity, or targeted to f a specific State, locality or Congressional SENATE RESOLUTION 124—CON- SUBMITTED RESOLUTIONS district, other than through a statutory or GRATULATING THE EUROPEAN administrative formula-driven or competi- UNION ON THE 50TH ANNIVER- tive award process; SARY OF THE SIGNING OF THE SENATE RESOLUTION 123—RE- ‘‘(b) the term ‘limited tax benefit’ means— TREATY OF ROME CREATING FORMING THE CONGRESSIONAL ‘‘(1) any revenue provision that— THE EUROPEAN ECONOMIC COM- ‘‘(A) provides a Federal tax deduction, MUNITY AMONG 6 EUROPEAN EARMARK PROCESS credit, exclusion, or preference to a par- COUNTRIES AND LAYING THE Mr. DEMINT submitted the following ticular beneficiary or limited group of bene- FOUNDATIONS FOR PEACE, STA- resolution; which was referred to the ficiaries under the Internal Revenue Code of BILITY, AND PROSPERITY IN EU- Committee on Rules and Administra- 1986; and ROPE tion: ‘‘(B) contains eligibility criteria that are not uniform in application with respect to Mr. BIDEN submitted the following S. RES. 123 potential beneficiaries of such provision; or resolution; which was considered and Resolved, ‘‘(2) any Federal tax provision which pro- agreed to: SECTION 1. CONGRESSIONAL EARMARK REFORM. vides one beneficiary temporary or perma- S. RES. 124 The Standing Rules of the Senate are nent transition relief from a change to the amended by adding at the end the following: Internal Revenue Code of 1986; and Whereas after a half century of war and up- ‘‘(c) the term ‘limited tariff benefit’ means heaval, and in the face of economic and po- ‘‘RULE XLIV a provision modifying the Harmonized Tariff litical crises and the threat of communism, ‘‘EARMARKS Schedule of the United States in a manner European visionaries began a process to ‘‘1. It shall not be in order to consider—— that benefits 10 or fewer entities. bring the countries of Europe into closer eco- ‘‘(a) a bill or joint resolution reported by a ‘‘3. A Member may not condition the inclu- nomic and political cooperation to help se- committee unless the report includes a list, sion of language to provide funding for a con- cure peace and prosperity for the peoples of which shall be made available on the Inter- gressional earmark, a limited tax benefit, or Europe; net in a searchable format to the general a limited tariff benefit in any bill or joint Whereas, on March 25, 1957, 6 European public for at least 48 hours before consider- resolution (or an accompanying report) or in countries—the Federal Republic of Germany, ation of the bill or joint resolution, of con- any conference report on a bill or joint reso- France, Italy, Belgium, the Netherlands, and gressional earmarks, limited tax benefits, lution (including an accompanying joint ex- Luxembourg—signed the Treaty of Rome, and limited tariff benefits in the bill or in planatory statement of managers) on any creating the European Economic Commu- the report (and the name of any Member who vote cast by another Member, Delegate, or nity; submitted a request to the committee for Resident Commissioner. Whereas the Treaty of Rome established a each respective item included in such list) or ‘‘4. (a) A Member who requests a congres- customs union between the signatory coun- a statement that the proposition contains no sional earmark, a limited tax benefit, or a tries, but also did much more, creating a congressional earmarks, limited tax bene- limited tariff benefit in any bill or joint res- framework that has broadened and deepened fits, or limited tariff benefits; olution (or an accompanying report) or in over time into the European Union, pro- ‘‘(b) a bill or joint resolution not reported any conference report on a bill or joint reso- moting the free movement of people, serv- by a committee unless the chairman of each lution (or an accompanying joint statement ices, and capital, and common policies committee of jurisdiction has caused a list, of managers) shall provide a written state- among the countries in important areas, and which shall be made available on the Inter- ment to the chairman and ranking member that has helped secure the spread of peace net in a searchable format to the general of the committee of jurisdiction, including— and stability in Europe; public for at least 48 hours before consider- ‘‘(1) the name of the Member; Whereas the European Economic Commu- ation of the bill or joint resolution, of con- ‘‘(2) in the case of a congressional earmark, nity expanded to bring more European coun- gressional earmarks, limited tax benefits, the name and address of the intended recipi- tries into closer union, with the United and limited tariff benefits in the bill (and ent or, if there is no specifically intended re- Kingdom, Denmark, and Ireland joining in the name of any Member who submitted a re- cipient, the intended location of the activ- 1973, Greece joining in 1981, and Spain and quest to the committee for each respective ity; Portugal joining in 1986;

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Whereas the member countries of the Eu- to amendment SA 641 proposed by Mr. BYRD $5,000,000, to remain available until Sep- ropean Economic Community agreed to the to the bill H.R. 1591, supra. tember 30, 2008. Single European Act in 1987, paving the way SA 644. Mr. REID submitted an amendment UNITED STATES MARSHALS SERVICE intended to be proposed by him to the bill for a single European market, and on Feb- SALARIES AND EXPENSES, UNITED STATES H.R. 1591, supra; which was ordered to lie on ruary 7, 1992, the member countries of the MARSHALS SERVICE European Community signed the Treaty of the table. For an additional amount for ‘‘Salaries Maastricht, furthering the economic and po- SA 645. Mr. REID submitted an amendment and Expenses, United States Marshals Serv- litical ties among the member countries and intended to be proposed by him to the bill ice’’, $25,000,000, to remain available until creating the European Union; H.R. 1591, supra; which was ordered to lie on September 30, 2008. Whereas the European Union has contin- the table. ued to grow so that the European Union now SA 646. Mrs. HUTCHISON submitted an NATIONAL SECURITY DIVISION comprises 27 countries with a population of amendment intended to be proposed by her SALARIES AND EXPENSES over 450,000,000, after the successful unifica- to the bill H.R. 1591, supra; which was or- For an additional amount for ‘‘Salaries tion of Germany in 1990 and the joining of dered to lie on the table. and Expenses,’’ $1,736,000, to remain avail- Austria, Finland, and Sweden in 1995, Cy- SA 647. Mr. SESSIONS submitted an able until September 30, 2008. amendment intended to be proposed by him prus, the Czech Republic, Estonia, Hungary, FEDERAL BUREAU OF INVESTIGATION to the bill H.R. 1591, supra; which was or- Latvia, Lithuania, Malta, Poland, Slovakia, SALARIES AND EXPENSES and Slovenia in 2004, and Bulgaria and Ro- dered to lie on the table. For an additional amount for ‘‘Salaries mania in 2007, and the European Union con- f and Expenses’’, $348,260,000, of which tinues to consider expanding to include other TEXT OF AMENDMENTS $338,260,000 is to remain available until Sep- countries central to the history and future of tember 30, 2008 and $10,000,000 is to remain Europe; SA 641. Mr. BYRD proposed an available until expended to implement cor- Whereas the European Union has developed amendment to the bill H.R. 1591, mak- rective actions in response to the findings a broad acquis communautaire covering poli- ing emergency supplemental appropria- and recommendations in the Department of cies in the economic, security, diplomatic, tions for the fiscal year ending Sep- Justice Office of Inspector General report en- and political areas, has established a single tember 30, 2007, and for other purposes; titled, ‘‘A Review of the Federal Bureau of market, has built an economic and monetary as follows: Investigation’s Use of National Security Let- union, including the Euro currency, and has ters’’. built an area of freedom, security, peace, and Strike all after the enacting clause and in- justice, extending stability to its neighbors; sert the following: DRUG ENFORCEMENT ADMINISTRATION Whereas the European Union played a key That the following sums are appropriated, SALARIES AND EXPENSES role at the end of the Cold War in helping to out of any money in the Treasury not other- For an additional amount for ‘‘Salaries spread free markets, democratic institutions wise appropriated, for the fiscal year ending and Expenses’’, $25,100,000, to remain avail- and values, and respect for human rights to September 30, 2007, and for other purposes, able until September 30, 2008. the former central European communist namely: BUREAU OF ALCOHOL, TOBACCO, FIREARMS, states; TITLE I AND EXPLOSIVES Whereas the United States and the Euro- GLOBAL WAR ON TERROR SALARIES AND EXPENSES pean Union have shared a unique partnership SUPPLEMENTAL APPROPRIATIONS For an additional amount for ‘‘Salaries based on a common heritage, shared values, CHAPTER 1 and Expenses’’, $4,000,000, to remain avail- and mutual interests, and have worked to- DEPARTMENT OF AGRICULTURE able until September 30, 2008. gether to strengthen international coopera- tion and institutions, to create a more open FOREIGN AGRICULTURAL SERVICE FEDERAL PRISON SYSTEM international trading system, to ensure PUBLIC LAW 480 TITLE II GRANTS SALARIES AND EXPENSES transatlantic and global security, to pre- For an additional amount for ‘‘Public Law For an additional amount for ‘‘Salaries serve and promote peace, freedom, and de- 480 Title II Grants’’, during the current fiscal and Expenses’’, $17,000,000, to remain avail- mocracy, and to advance human rights; and year, not otherwise recoverable, and unre- able until September 30, 2008. Whereas the United States has supported covered prior years’ costs, including interest CHAPTER 3 the European integration process and has thereon, under the Agricultural Trade Devel- DEPARTMENT OF DEFENSE—MILITARY consistently supported the objective of Euro- opment and Assistance Act of 1954, for com- MILITARY PERSONNEL pean unity and the enlargement of the Euro- modities supplied in connection with disposi- pean Union to promote prosperity, peace, tions abroad under title II of said Act, MILITARY PERSONNEL, ARMY and democracy: Now, therefore, be it $475,000,000, to remain available until ex- For an additional amount for ‘‘Military Resolved, That the Senate— pended. Personnel, Army’’, $8,870,270,000. (1) congratulates the European Union and GENERAL PROVISION—THIS CHAPTER MILITARY PERSONNEL, NAVY the member countries of the European Union SEC. 1101. There is hereby appropriated For an additional amount for ‘‘Military on the 50th anniversary of the historic sign- $82,000,000 to reimburse the Commodity Cred- Personnel, Navy’’, $1,100,410,000. ing of the Treaty of Rome; it Corporation for the release of eligible MILITARY PERSONNEL, MARINE CORPS (2) commends the European Union for the commodities under section 302(f)(2)(A) of the For an additional amount for ‘‘Military critical role it and its predecessor organiza- Bill Emerson Humanitarian Trust Act (7 Personnel, Marine Corps’’, $1,495,827,000. tions have played in spreading peace, sta- U.S.C. 1736f–1): Provided, That any such funds MILITARY PERSONNEL, AIR FORCE bility, and prosperity throughout Europe; made available to reimburse the Commodity and For an additional amount for ‘‘Military Credit Corporation shall only be used to re- Personnel, Air Force’’, $1,218,587,000. (3) affirms the desire of the United States plenish the Bill Emerson Humanitarian to strengthen the transatlantic partnership Trust. RESERVE PERSONNEL, ARMY with the European Union and with all of its CHAPTER 2 For an additional amount for ‘‘Reserve member countries. Personnel, Army’’, $147,244,000. DEPARTMENT OF JUSTICE RESERVE PERSONNEL, NAVY AMENDMENTS SUBMITTED AND GENERAL ADMINISTRATION For an additional amount for ‘‘Reserve PROPOSED OFFICE OF THE INSPECTOR GENERAL Personnel, Navy’’, $77,523,000. SA 641. Mr. BYRD proposed an amendment For an additional amount for ‘‘Office of the RESERVE PERSONNEL, AIR FORCE to the bill H.R. 1591, making emergency sup- Inspector General’’, $500,000, to remain avail- plemental appropriations for the fiscal year able until September 30, 2008. For an additional amount for ‘‘Reserve Personnel, Air Force’’, $9,073,000. ending September 30, 2007, and for other pur- LEGAL ACTIVITIES poses. NATIONAL GUARD PERSONNEL, ARMY SALARIES AND EXPENSES, GENERAL LEGAL SA 642. Ms. LANDRIEU submitted an ACTIVITIES For an additional amount for ‘‘National amendment intended to be proposed to Guard Personnel, Army’’, $474,978,000. For an additional amount for ‘‘Salaries amendment SA 641 proposed by Mr. BYRD to NATIONAL GUARD PERSONNEL, AIR FORCE the bill H.R. 1591, supra; which was ordered and Expenses, General Legal Activities’’, For an additional amount for ‘‘National to lie on the table. $4,093,000, to remain available until Sep- Guard Personnel, Air Force’’, $41,533,000. SA 643. Mr. COCHRAN (for himself, Mr. tember 30, 2008. MCCAIN, Mr. LIEBERMAN, Mr. GRAHAM, Mr. SALARIES AND EXPENSES, UNITED STATES OPERATION AND MAINTENANCE WARNER, Mr. STEVENS, Mr. BROWNBACK, Mr. ATTORNEYS OPERATION AND MAINTENANCE, ARMY SHELBY, Mr. CRAIG, Mr. ALLARD, Mr. BEN- For an additional amount for ‘‘Salaries For an additional amount for ‘‘Operation NETT, and Mr. ENZI) proposed an amendment and Expenses, United States Attorneys’’, and Maintenance, Army’’, $20,373,379,000.

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OPERATION AND MAINTENANCE, NAVY IRAQ SECURITY FORCES FUND PROCUREMENT, DEFENSE-WIDE (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Iraq Secu- For an additional amount for ‘‘Procure- For an additional amount for ‘‘Operation rity Forces Fund’’, $3,842,300,000, to remain ment, Defense-Wide’’, $903,092,000, to remain and Maintenance, Navy’’, $4,865,003,000, of available until September 30, 2008. available until September 30, 2009. which $120,293,000 shall be transferred to IRAQ FREEDOM FUND NATIONAL GUARD AND RESERVE EQUIPMENT Coast Guard, ‘‘Operating Expenses’’, for re- (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘National imbursement for activities in support of ac- For an additional amount for ‘‘Iraq Free- Guard and Reserve Equipment’’, tivities requested by the Navy. dom Fund’’, $455,600,000, to remain available $1,000,000,000, to remain available until Sep- OPERATION AND MAINTENANCE, MARINE CORPS for transfer until September 30, 2008. tember 30, 2009. For an additional amount for ‘‘Operation JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT RESEARCH, DEVELOPMENT, TEST AND and Maintenance, Marine Corps’’, FUND EVALUATION $1,101,594,000. For an additional amount for ‘‘Joint Im- RESEARCH, DEVELOPMENT, TEST AND OPERATION AND MAINTENANCE, AIR FORCE provised Explosive Device Defeat Fund’’, EVALUATION, ARMY For an additional amount for ‘‘Operation $2,432,800,000, to remain available until Sep- For an additional amount for ‘‘Research, and Maintenance, Air Force’’, $6,685,881,000. tember 30, 2009. Development, Test and Evaluation, Army’’, OPERATION AND MAINTENANCE, DEFENSE-WIDE PROCUREMENT $125,576,000, to remain available until Sep- For an additional amount for ‘‘Operation tember 30, 2008. AIRCRAFT PROCUREMENT, ARMY and Maintenance, Defense-Wide’’, RESEARCH, DEVELOPMENT, TEST AND For an additional amount for ‘‘Aircraft $2,790,669,000, of which— EVALUATION, NAVY (1) not to exceed $25,000,000 may be used for Procurement, Army’’, $619,750,000, to remain available until September 30, 2009. For an additional amount for ‘‘Research, the Combatant Commander Initiative Fund, Development, Test and Evaluation, Navy’’, MISSILE PROCUREMENT, ARMY to be used in support of Operation Iraqi Free- $308,212,000, to remain available until Sep- dom and Operation Enduring Freedom; and For an additional amount for ‘‘Missile Pro- tember 30, 2008. (2) not to exceed $200,000,000, to remain curement, Army’’, $111,473,000, to remain RESEARCH, DEVELOPMENT, TEST AND available until expended, may be used for available until September 30, 2009. EVALUATION, AIR FORCE payments to reimburse Pakistan, Jordan, PROCUREMENT OF WEAPONS AND TRACKED For an additional amount for ‘‘Research, and other key cooperating nations, for COMBAT VEHICLES, ARMY logistical, military, and other support pro- Development, Test and Evaluation, Air For an additional amount for ‘‘Procure- vided to United States military operations, Force’’, $233,869,000, to remain available until ment of Weapons and Tracked Combat Vehi- notwithstanding any other provision of law: September 30, 2008. cles, Army’’, $3,400,315,000, to remain avail- Provided, That such payments may be made RESEARCH, DEVELOPMENT, TEST AND able until September 30, 2009. in such amounts as the Secretary of Defense, EVALUATION, DEFENSE-WIDE with the concurrence of the Secretary of PROCUREMENT OF AMMUNITION, ARMY For an additional amount for ‘‘Research, State, and in consultation with the Director For an additional amount for ‘‘Procure- Development, Test and Evaluation, Defense- of the Office of Management and Budget, ment of Ammunition, Army’’, $681,500,000, to Wide’’, $522,804,000, to remain available until may determine, in his discretion, based on remain available until September 30, 2009. September 30, 2008. documentation determined by the Secretary OTHER PROCUREMENT, ARMY REVOLVING AND MANAGEMENT FUNDS of Defense to adequately account for the sup- For an additional amount for ‘‘Other Pro- port provided, and such determination is NATIONAL DEFENSE SEALIFT FUND curement, Army’’, $10,589,272,000, to remain For an additional amount for ‘‘National final and conclusive upon the accounting of- available until September 30, 2009. ficers of the United States, and 15 days fol- Defense Sealift Fund’’, $5,000,000. AIRCRAFT PROCUREMENT, NAVY lowing notification to the appropriate con- DEFENSE WORKING CAPITAL FUNDS gressional committees: Provided further, For an additional amount for ‘‘Aircraft For an additional amount for ‘‘Defense That the Secretary of Defense shall provide Procurement, Navy’’, $963,903,000, to remain Working Capital Funds’’, $1,315,526,000. quarterly reports to the congressional de- available until September 30, 2009. OTHER DEPARTMENT OF DEFENSE fense committees on the use of funds pro- WEAPONS PROCUREMENT, NAVY PROGRAMS vided in this paragraph. For an additional amount for ‘‘Weapons DEFENSE HEALTH PROGRAM OPERATION AND MAINTENANCE, ARMY Procurement, Navy’’, $163,813,000, to remain RESERVE available until September 30, 2009. For an additional amount for ‘‘Defense For an additional amount for ‘‘Operation Health Program’’, $2,466,847,000; of which PROCUREMENT OF AMMUNITION, NAVY AND $2,277,147,000 shall be for operation and main- and Maintenance, Army Reserve’’, MARINE CORPS $74,049,000. tenance; of which $118,000,000, to remain For an additional amount for ‘‘Procure- available for obligation until September 30, OPERATION AND MAINTENANCE, NAVY RESERVE ment of Ammunition, Navy and Marine 2009, shall be for Procurement; and of which For an additional amount for ‘‘Operation Corps’’, $159,833,000, to remain available until $71,700,000, to remain available for obligation and Maintenance, Navy Reserve’’, September 30, 2009. until September 30, 2008, shall be for Re- $111,066,000. OTHER PROCUREMENT, NAVY search, development, test and evaluation. OPERATION AND MAINTENANCE, MARINE CORPS For an additional amount for ‘‘Other Pro- DRUG INTERDICTION AND COUNTER-DRUG RESERVE curement, Navy’’, $722,506,000, to remain ACTIVITIES, DEFENSE For an additional amount for ‘‘Operation available until September 30, 2009. (INCLUDING TRANSFER OF FUNDS) and Maintenance, Marine Corps Reserve’’, PROCUREMENT, MARINE CORPS For an additional amount for ‘‘Drug Inter- $13,591,000. For an additional amount for ‘‘Procure- diction and Counter-Drug Activities, De- OPERATION AND MAINTENANCE, AIR FORCE ment, Marine Corps’’, $1,703,389,000, to re- fense’’, $254,665,000, to remain available until RESERVE main available until September 30, 2009. expended: Provided, That these funds may be For an additional amount for ‘‘Operation AIRCRAFT PROCUREMENT, AIR FORCE used only for such activities related to Af- and Maintenance, Air Force Reserve’’, ghanistan and Central Asia: Provided further, $10,160,000. For an additional amount for ‘‘Aircraft That the Secretary of Defense may transfer Procurement, Air Force’’, $1,431,756,000, to OPERATION AND MAINTENANCE, ARMY such funds only to appropriations for mili- remain available until September 30, 2009. NATIONAL GUARD tary personnel; operation and maintenance; For an additional amount for ‘‘Operation MISSILE PROCUREMENT, AIR FORCE procurement; and research, development, and Maintenance, Army National Guard’’, For an additional amount for ‘‘Missile Pro- test and evaluation: Provided further, That $83,569,000. curement, Air Force’’, $78,900,000, to remain the funds transferred shall be merged with available until September 30, 2009. and be available for the same purposes and OPERATION AND MAINTENANCE, AIR NATIONAL for the same time period as the appropria- GUARD PROCUREMENT OF AMMUNITION, AIR FORCE tion to which transferred: Provided further, For an additional amount for ‘‘Procure- For an additional amount for ‘‘Operation That the transfer authority provided in this ment of Ammunition, Air Force’’, $6,000,000, and Maintenance, Air National Guard’’, paragraph is in addition to any other trans- to remain available until September 30, 2009. $38,429,000. fer authority available to the Department of AFGHANISTAN SECURITY FORCES FUND OTHER PROCUREMENT, AIR FORCE Defense: Provided further, That upon a deter- For an additional amount for ‘‘Afghanistan For an additional amount for ‘‘Other Pro- mination that all or part of the funds trans- Security Forces Fund’’, $5,906,400,000, to re- curement, Air Force’’, $1,972,131,000, to re- ferred from this appropriation are not nec- main available until September 30, 2008. main available until September 30, 2009. essary for the purposes provided herein, such

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amounts may be transferred back to this ap- vided under the authority in this section SEC. 1312. Section 9007 of Public Law 109– propriation. shall be limited to the types of support speci- 289 is amended by striking ‘‘20’’ and inserting RELATED AGENCY fied in section 1033(c)(1) of the National De- ‘‘287’’. INTELLIGENCE COMMUNITY MANAGEMENT fense Authorization Act for Fiscal Year 1998 SEC. 1313. INSPECTION OF MILITARY MEDICAL ACCOUNT (Public Law 105–85, as amended by Public TREATMENT FACILITIES, MILITARY QUARTERS HOUSING MEDICAL HOLD PERSONNEL, AND For an additional amount for ‘‘Intelligence Laws 106–398, 108–136, and 109–364) and condi- Community Management Account’’, tions on the provision of support as con- MILITARY QUARTERS HOUSING MEDICAL HOLD- $71,726,000. tained in section 1033 shall apply for fiscal OVER PERSONNEL. (a) PERIODIC INSPECTION year 2007. REQUIRED.— GENERAL PROVISIONS—THIS CHAPTER (2) The Secretary of Defense may transfer (1) IN GENERAL.—Not later than 180 days SEC. 1301. Appropriations provided in this vehicles, aircraft, and detection, intercep- after the date of the enactment of this Act, chapter are available for obligation until tion, monitoring and testing equipment to and annually thereafter, the Secretary of De- September 30, 2007, unless otherwise provided said Governments for counter-drug activi- fense shall inspect each facility of the De- in this chapter. ties. partment of Defense as follows: (TRANSFER OF FUNDS) SEC. 1307. (a) From funds made available (A) Each military medical treatment facil- SEC. 1302. Upon his determination that for operations and maintenance in this title ity. such action is necessary in the national in- to the Department of Defense, not to exceed (B) Each military quarters housing med- terest, the Secretary of Defense may transfer $456,400,000 may be used, notwithstanding ical hold personnel. between appropriations up to $3,500,000,000 of any other provision of law, to fund the Com- (C) Each military quarters housing med- the funds made available to the Department mander’s Emergency Response Program, for ical holdover personnel. of Defense in this title: Provided, That the the purpose of enabling military com- (2) PURPOSE.—The purpose of an inspection Secretary shall notify the Congress promptly manders in Iraq and Afghanistan to respond under this subsection is to ensure that the of each transfer made pursuant to the au- to urgent humanitarian relief and recon- facility or quarters concerned meets accept- thority in this section: Provided further, That struction requirements within their areas of able standards for the maintenance and oper- the authority provided in this section is in responsibility by carrying out programs that ation of medical facilities, quarters housing addition to any other transfer authority will immediately assist the Iraqi and Afghan medical hold personnel, or quarters housing available to the Department of Defense and people. medical holdover personnel, as applicable. is subject to the same terms and conditions (b) QUARTERLY REPORTS.—Not later than 15 (b) ACCEPTABLE STANDARDS.—For purposes as the authority provided in section 8005 of days after the end of each fiscal year quar- of this section, acceptable standards for the the Department of Defense Appropriations ter, the Secretary of Defense shall submit to operation and maintenance of military med- Act, 2007 (Public Law 109–289; 120 Stat. 1257), the congressional defense committees a re- ical treatment facilities, military quarters except for the fourth proviso: Provided fur- port regarding the source of funds and the al- housing medical hold personnel, or military ther, That funds previously transferred to location and use of funds during that quarter quarters housing medical holdover personnel the ‘‘Joint Improvised Explosive Device De- that were made available pursuant to the au- are each of the following: thority provided in this section or under any feat Fund’’ and the ‘‘Iraq Security Forces (1) Generally accepted standards for the ac- other provision of law for the purposes of the Fund’’ under the authority of section 8005 of creditation of non-military medical facili- programs under subsection (a). Public Law 109–289 and transferred back to ties, or for facilities used to quarter individ- their source appropriations accounts shall SEC. 1308. During fiscal year 2007, super- vision and administration costs associated uals with medical conditions that may re- not be taken into account for purposes of the quire medical supervision, as applicable, in limitation on the amount of funds that may with projects carried out with funds appro- priated to ‘‘Afghanistan Security Forces the United States. be transferred under section 8005. (2) Standards under the Americans with EC. 1303. Funds appropriated in this chap- Fund’’ or ‘‘Iraq Security Forces Fund’’ in S Disabilities Act of 1990 (42 U.S.C. 12101 et ter, or made available by the transfer of this chapter may be obligated at the time a seq.). funds in or pursuant to this chapter, for in- construction contract is awarded: Provided, (c) ADDITIONAL INSPECTIONS ON IDENTIFIED telligence activities are deemed to be specifi- That for the purpose of this section, super- DEFICIENCIES.— cally authorized by the Congress for pur- vision and administration costs include all (1) IN GENERAL.—In the event a deficiency poses of section 504(a)(1) of the National Se- in-house Government costs. is identified pursuant to subsection (a) at a curity Act of 1947 (50 U.S.C. 414(a)(1)). SEC. 1309. Section 1005(c)(2) of the National facility or quarters described in paragraph SEC. 1304. None of the funds provided in Defense Authorization Act, Fiscal Year 2007 this chapter may be used to finance pro- (Public Law 109–364) is amended by striking (1) of that subsection— grams or activities denied by Congress in fis- ‘‘$310,277,000’’ and inserting ‘‘$376,446,000’’. (A) the commander of such facility or cal years 2006 or 2007 appropriations to the SEC. 1310. None of the funds appropriated quarters, as applicable, shall submit to the Department of Defense or to initiate a pro- or otherwise made available by this or any Secretary a detailed plan to correct the defi- curement or research, development, test and other Act shall be obligated or expended by ciency; and evaluation new start program without prior the United States Government for a purpose (B) the Secretary shall reinspect such fa- written notification to the congressional de- as follows: cility or quarters, as applicable, not less fense committees. (1) To establish any military installation often than once every 180 days until the defi- SEC. 1305. During fiscal year 2007, the Sec- or base for the purpose of providing for the ciency is corrected. retary of Defense may transfer not to exceed permanent stationing of United States (2) CONSTRUCTION WITH OTHER INSPEC- $6,300,000 of the amounts in or credited to the Armed Forces in Iraq. TIONS.—An inspection of a facility or quar- Defense Cooperation Account, pursuant to 10 (2) To exercise United States control over ters under this subsection is in addition to U.S.C. 2608, to such appropriations or funds any oil resource of Iraq. any inspection of such facility or quarters of the Department of Defense as he shall de- SEC. 1311. None of the funds made available under subsection (a). termine for use consistent with the purposes in this Act may be used in contravention of (d) REPORTS ON INSPECTIONS.—A complete for which such funds were contributed and the following laws enacted or regulations copy of the report on each inspection con- accepted: Provided, That such amounts shall promulgated to implement the United Na- ducted under subsections (a) and (c) shall be be available for the same time period as the tions Convention Against Torture and Other submitted in unclassified form to the appli- appropriation to which transferred: Provided Cruel, Inhuman or Degrading Treatment or cable military medical command and to the further, That the Secretary shall report to Punishment (done at New York on December congressional defense committees. the Congress all transfers made pursuant to 10, 1984): (e) REPORT ON STANDARDS.—In the event no this authority. (1) Section 2340A of title 18, United States standards for the maintenance and operation SEC. 1306. (a) AUTHORITY TO PROVIDE SUP- Code; of military medical treatment facilities, PORT.—Of the amount appropriated by this (2) Section 2242 of the Foreign Affairs Re- military quarters housing medical hold per- title under the heading, ‘‘Drug Interdiction form and Restructuring Act of 1998 (division sonnel, or military quarters housing medical and Counter-Drug Activities, Defense’’, not G of Public Law 105–277; 112 Stat. 2681–822; 8 holdover personnel exist as of the date of the to exceed $60,000,000 may be used for support U.S.C. 1231 note) and regulations prescribed enactment of this Act, or such standards as for counter-drug activities of the Govern- thereto, including regulations under part 208 do exist do not meet acceptable standards for ments of Afghanistan, Kazakhstan, and of title 8, Code of Federal Regulations, and the maintenance and operation of such fa- Pakistan: Provided, That such support shall part 95 of title 22, Code of Federal Regula- cilities or quarters, as the case may be, the be in addition to support provided for the tions; and Secretary shall, not later than 30 days after counter-drug activities of such Governments (3) Sections 1002 and 1003 of the Depart- that date, submit to Congress a report set- under any other provision of the law. ment of Defense, Emergency Supplemental ting forth the plan of the Secretary to en- (b) TYPES OF SUPPORT.— Appropriations to Address Hurricanes in the sure— (1) Except as specified in subsection (b)(2) Gulf of Mexico, and Pandemic Influenza Act, (1) the adoption by the Department of of this section, the support that may be pro- 2006 (Public Law 109–148). standards for the maintenance and operation

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of military medical facilities, military quar- (1) SENSE OF CONGRESS.—It is the sense of FEDERAL AIR MARSHALS ters housing medical hold personnel, or mili- Congress that— For an additional amount for ‘‘Federal Air tary quarters housing medical holdover per- (A) achieving success in Iraq is dependent Marshals’’, $15,000,000, to remain available sonnel, as applicable, that meet— on the Government of Iraq meeting specific until September 30, 2008. (A) acceptable standards for the mainte- benchmarks, as reflected in previous com- PREPAREDNESS nance and operation of such facilities or mitments made by the Government of Iraq, quarters, as the case may be; and including— MANAGEMENT AND ADMINISTRATION (B) standards under the Americans with (i) deploying trained and ready Iraqi secu- For an additional amount for ‘‘Office of the Disabilities Act of 1990; and rity forces in Baghdad; Chief Medical Officer’’ for nuclear prepared- (2) the comprehensive implementation of (ii) strengthening the authority of Iraqi ness and other activities, $18,000,000, to re- the standards adopted under paragraph (1) at commanders to make tactical and oper- main available until September 30, 2008. the earliest date practicable. ational decisions without political interven- INFRASTRUCTURE PROTECTION AND SEC. 1314. From funds made available for tion; INFORMATION SECURITY the ‘‘Iraq Security Forces Fund’’ for fiscal (iii) disarming militias and ensuring that year 2007, up to $155,500,000 may be used, not- Iraqi security forces are accountable only to For an additional amount for ‘‘Infrastruc- withstanding any other provision of law, to the central government and loyal to the con- ture Protection and Information Security’’ provide assistance, with the concurrence of stitution of Iraq; for chemical site security activities, the Secretary of State, to the Government of (iv) enacting and implementing legislation $18,000,000, to remain available until Sep- Iraq to support the disarmament, demobili- to ensure that the energy resources of Iraq tember 30, 2008. zation, and reintegration of militias and ille- benefit all Iraqi citizens in an equitable FEDERAL EMERGENCY MANAGEMENT AGENCY gal armed groups. manner; SEC. 1315. REVISION OF UNITED STATES POL- ADMINISTRATIVE AND REGIONAL OPERATIONS (v) enacting and implementing legislation ICY ON IRAQ. (a) FINDINGS.—Congress makes For an additional amount for ‘‘Administra- the following findings: that equitably reforms the de-Ba’athifi- tive and Regional Operations’’ for necessary (1) Congress and the American people will cation process in Iraq; expenses related to title V of the Homeland continue to support and protect the members (vi) ensuring a fair process for amending Security Act of 2002 (6 U.S.C. 101 et seq. (as of the United States Armed Forces who are the constitution of Iraq so as to protect mi- amended by section 611 of the Post-Katrina serving or have served bravely and honorably nority rights; and Emergency Management Reform Act of 2006 in Iraq. (vii) enacting and implementing rules to (6 U.S.C. 701 note; Public Law 109–295))), (2) The circumstances referred to in the equitably protect the rights of minority po- $20,000,000, to remain available until Sep- Authorization for Use of Military Force litical parties in the Iraqi Parliament; and tember 30, 2008: Provided, That none of the Against Iraq Resolution of 2002 (Public Law (B) each benchmark set forth in subpara- funds available under this heading may be 107–243) have changed substantially. graph (A) should be completed expeditiously obligated until the Committees on Appro- (3) United States troops should not be po- and pursuant to a schedule established by priations of the Senate and the House of licing a civil war, and the current conflict in the Government of Iraq. Representatives receive and approve a plan Iraq requires principally a political solution. (2) REPORT.—Not later than 30 days after for expenditure. (4) United States policy on Iraq must the date of the enactment of this Act, and STATE AND LOCAL PROGRAMS change to emphasize the need for a political every 60 days thereafter, the Commander, solution by Iraqi leaders in order to maxi- Multi-National Forces-Iraq shall submit to For an additional amount for ‘‘State and mize the chances of success and to more ef- Congress a report describing and assessing in Local Programs’’, $850,000,000; of which fectively fight the war on terror. detail the current progress being made by $190,000,000 shall be for port security pursu- (b) PROMPT COMMENCEMENT OF PHASED RE- the Government of Iraq in meeting the ant to section 70107(l) of title 46 United DEPLOYMENT OF UNITED STATES FORCES FROM benchmarks set forth in paragraph (1)(A). States Code; $625,000,000 shall be for intercity IRAQ.— CHAPTER 4 rail passenger transportation, freight rail, (1) TRANSITION OF MISSION.—The President DEPARTMENT OF ENERGY and transit security grants; and $35,000,000 shall be for regional grants and technical as- shall promptly transition the mission of ATOMIC ENERGY DEFENSE ACTIVITIES United States forces in Iraq to the limited sistance to high risk urban areas for cata- NATIONAL NUCLEAR SECURITY purposes set forth in paragraph (2). strophic event planning and preparedness: ADMINISTRATION (2) COMMENCEMENT OF PHASED REDEPLOY- Provided, That none of the funds made avail- DEFENSE NUCLEAR NONPROLIFERATION MENT FROM IRAQ.—The President shall com- able under this heading may be obligated for mence the phased redeployment of United For an additional amount for ‘‘Defense Nu- such regional grants and technical assist- States forces from Iraq not later than 120 clear Nonproliferation’’, $63,000,000. ance until the Committees on Appropria- days after the date of the enactment of this CHAPTER 5 tions of the Senate and the House of Rep- Act, with the goal of redeploying, by March DEPARTMENT OF HOMELAND SECURITY resentatives receive and approve a plan for expenditure: Provided further, That funds for 31, 2008, all United States combat forces from UNITED STATES CUSTOMS AND BORDER such regional grants and technical assist- Iraq except for a limited number that are es- PROTECTION sential for the following purposes: ance shall remain available until September SALARIES AND EXPENSES (A) Protecting United States and coalition 30, 2008. For an additional amount for ‘‘Salaries personnel and infrastructure. EMERGENCY MANAGEMENT PERFORMANCE and Expenses’’, $140,000,000, to remain avail- (B) Training and equipping Iraqi forces. GRANTS able until September 30, 2008. (C) Conducting targeted counter-terrorism For an additional amount for ‘‘Emergency AIR AND MARINE INTERDICTION, OPERATIONS, operations. Management Performance Grants’’ for nec- MAINTENANCE, AND PROCUREMENT (3) COMPREHENSIVE STRATEGY.—Paragraph essary expenses related to the Nationwide For an additional amount for ‘‘Air and Ma- (2) shall be implemented as part of a com- Plan Review, $100,000,000. prehensive diplomatic, political, and eco- rine Interdiction, Operations, Maintenance, nomic strategy that includes sustained en- and Procurement’’, for air and marine oper- UNITED STATES CITIZENSHIP AND IMMIGRATION gagement with Iraq’s neighbors and the ations on the Northern Border and the Great SERVICES international community for the purpose of Lakes, including the final Northern Border For an additional amount for expenses of working collectively to bring stability to air wing, $75,000,000, to remain available ‘‘United States Citizenship and Immigration Iraq. until September 30, 2008. Services’’ to address backlogs of security (4) REPORTS REQUIRED.—Not later than 60 IMMIGRATION AND CUSTOMS ENFORCEMENT checks associated with pending applications days after the date of the enactment of this SALARIES AND EXPENSES and petitions, $30,000,000, to remain available until September 30, 2008: Provided, That none Act, and every 90 days thereafter, the Presi- For an additional amount for ‘‘Salaries of the funds made available under this head- dent shall submit to Congress a report on the and Expenses’’, $20,000,000, to remain avail- ing shall be available for obligation until the progress made in transitioning the mission able until September 30, 2008. of the United States forces in Iraq and imple- Secretary of Homeland Security, in con- TRANSPORTATION SECURITY ADMINISTRATION menting the phased redeployment of United sultation with the United States Attorney States forces from Iraq as required under AVIATION SECURITY General, submits to the Committees on Ap- this subsection, as well as a classified cam- For an additional amount for ‘‘Aviation propriations of the Senate and the House of paign plan for Iraq, including strategic and Security’’, $660,000,000; of which $600,000,000 Representatives a plan to eliminate the operational benchmarks and projected rede- shall be for procurement and installation of backlog of security checks that establishes ployment dates of United States forces from checked baggage explosives detection sys- information sharing protocols to ensure Iraq. tems, to remain available until expended; United States Citizenship and Immigration (c) BENCHMARKS FOR THE GOVERNMENT OF and $60,000,000 shall be for air cargo security, Services has the information it needs to IRAQ.— to remain available until September 30, 2008. carry out its mission.

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SCIENCE AND TECHNOLOGY main available until September 30, 2008, of tember 30, 2008: Provided, That notwith- RESEARCH, DEVELOPMENT, ACQUISITION, AND which $70,000,000 for World Wide Security Up- standing any other provision of law, funds OPERATIONS grades is available until expended: Provided, made available under the heading ‘‘Millen- That of the funds appropriated under this nium Challenge Corporation’’ and ‘‘Global For an additional amount for ‘‘Research, heading, not more than $20,000,000 shall be HIV/AIDS Initiative’’ in prior Acts making Development, Acquisition, and Operations’’ made available for public diplomacy pro- appropriations for foreign operations, export for air cargo research, $15,000,000, to remain grams: Provided further, That prior to the ob- financing and related programs may be made available until expended. ligation of funds pursuant to the previous available to combat the avian influenza, sub- DOMESTIC NUCLEAR DETECTION OFFICE proviso, the Secretary of State shall submit ject to the regular notification procedures of RESEARCH, DEVELOPMENT, AND OPERATIONS a report to the Committees on Appropria- the Committees on Appropriations. For an additional amount for ‘‘Research, tions describing a comprehensive public di- INTERNATIONAL DISASTER AND FAMINE Development, and Operations’’ for non-con- plomacy strategy, with goals and expected ASSISTANCE tainer, rail, aviation and intermodal radi- results, for fiscal years 2007 and 2008: Pro- For an additional amount for ‘‘Inter- ation detection activities, $39,000,000, to re- vided further, That within 15 days of enact- national Disaster and Famine Assistance’’, main available until expended. ment of this Act, the Office of Management $187,000,000, to remain available until ex- GENERAL PROVISIONS—THIS CHAPTER and Budget shall apportion $15,000,000 from pended: Provided, That of the funds appro- amounts appropriated or otherwise made SEC. 1501. None of the funds provided in priated under this heading, not less than available by chapter 8 of title II of division $65,000,000 shall be made available for assist- this Act, or Public Law 109–295, shall be B of Public Law 109–148 under the heading available to carry out section 872 of Public ance for internally displaced persons in Iraq, ‘‘Emergencies in the Diplomatic and Con- not less than $18,000,000 shall be made avail- Law 107–296. sular Service’’ for emergency evacuations: SEC. 1502. Section 550 of the Department of able for emergency shelter, fuel and other as- Provided further, That of the amount made sistance for internally displaced persons in Homeland Security Appropriations Act, 2007 available under this heading for Iraq, not to (6 U.S.C. 121 note) is amended by adding at Afghanistan, not less than $10,000,000 shall be exceed $20,000,000 may be transferred to, and made available for assistance for northern the end the following: merged with, funds in the ‘‘Emergencies in ‘‘(h) This section shall not preclude or Uganda, not less than $10,000,000 shall be the Diplomatic and Consular Service’’ appro- made available for assistance for eastern deny any right of any State or political sub- priations account, to be available only for division thereof to adopt or enforce any reg- Democratic Republic of the Congo, and not emergency evacuations and terrorism re- less than $10,000,000 shall be made available ulation, requirement, or standard of per- wards. formance with respect to chemical facility for assistance for Chad. OFFICE OF INSPECTOR GENERAL security that is more stringent than a regu- OPERATING EXPENSES OF THE UNITED STATES lation, requirement, or standard of perform- For an additional amount for ‘‘Office of In- AGENCY FOR INTERNATIONAL DEVELOPMENT spector General’’, $36,500,000, to remain ance issued under this section, or otherwise For an additional amount for ‘‘Operating available until December 31, 2008: Provided, impair any right or jurisdiction of any State Expenses of the United States Agency for That of the funds appropriated under this with respect to chemical facilities within International Development’’, $5,700,000, to re- heading, not less than $1,500,000 shall be that State, unless there is an actual conflict main available until September 30, 2008. between this section and the law of that made available for activities related to over- OPERATING EXPENSES OF THE UNITED STATES State.’’. sight of assistance furnished for Iraq and Af- ghanistan with funds appropriated in this AGENCY FOR INTERNATIONAL DEVELOPMENT CHAPTER 6 Act and in prior appropriations Acts: Pro- OFFICE OF INSPECTOR GENERAL MILITARY CONSTRUCTION vided further, That $35,000,000 of these funds For an additional amount for ‘‘Operating MILITARY CONSTRUCTION, ARMY shall be transferred to the Special Inspector Expenses of the United States Agency for For an additional amount for ‘‘Military General for Iraq Reconstruction for recon- International Development Office of Inspec- Construction, Army’’, $1,261,390,000, to re- struction oversight. tor General’’, $4,000,000, to remain available main available until September 30, 2008: Pro- EDUCATIONAL AND CULTURAL EXCHANGE until September 30, 2008: Provided, That of vided, That such funds may be obligated and PROGRAMS the funds appropriated under this heading, not less than $3,000,000 shall be made avail- expended to carry out planning and design For an additional amount for ‘‘Educational able for activities related to oversight of as- and military construction projects not oth- and Cultural Exchange Programs’’, sistance furnished for Iraq with funds appro- erwise authorized by law: Provided further, $25,000,000, to remain available until ex- priated in this Act and in prior appropria- That of the funds provided under this head- pended. ing, $280,300,000 shall not be obligated or ex- tions Acts, and not less than $1,000,000 shall INTERNATIONAL ORGANIZATIONS pended until the Secretary of Defense cer- be made available for activities related to tifies that none of the funds are to be used CONTRIBUTIONS TO INTERNATIONAL oversight of assistance furnished for Afghan- for the purpose of providing facilities for the ORGANIZATIONS istan with funds appropriated in this Act and permanent basing of U.S. military personnel For an additional amount for ‘‘Contribu- in prior appropriations Acts. in Iraq. tions to International Organizations’’, OTHER BILATERAL ECONOMIC $59,000,000, to remain available until Sep- MILITARY CONSTRUCTION, NAVY AND MARINE ASSISTANCE tember 30, 2008. CORPS ECONOMIC SUPPORT FUND For an additional amount for ‘‘Military CONTRIBUTIONS FOR INTERNATIONAL For an additional amount for ‘‘Economic Construction, Navy and Marine Corps’’, PEACEKEEPING ACTIVITIES Support Fund’’, $2,602,200,000, to remain $347,890,000, to remain available until Sep- For an additional amount for ‘‘Contribu- available until September 30, 2008: Provided, tember 30, 2008: Provided, That such funds tions for International Peacekeeping Activi- That of the funds appropriated under this may be obligated and expended to carry out ties’’, $200,000,000, to remain available until heading that are available for assistance for planning and design and military construc- September 30, 2008. Iraq, not less than $100,000,000 shall be made tion projects not otherwise authorized by RELATED AGENCY available to the United States Agency for law. BROADCASTING BOARD OF GOVERNORS International Development for continued support for its Community Action Program MILITARY CONSTRUCTION, AIR FORCE INTERNATIONAL BROADCASTING OPERATIONS in Iraq, of which not less than $5,000,000 shall For an additional amount for ‘‘Military For an additional amount for ‘‘Inter- be made available for the fund established by Construction, Air Force’’, $34,700,000, to re- national Broadcasting Operations’’ for ac- section 2108 of Public Law 109–13: Provided main available until September 30, 2008: Pro- tivities related to broadcasting to the Middle further, That of the funds appropriated under vided, That such funds may be obligated and East, $10,000,000, to remain available until this heading that are available for assistance expended to carry out planning and design September 30, 2008. for Afghanistan, not less than $10,000,000 and military construction projects not oth- FOREIGN OPERATIONS shall be made available to the United States erwise authorized by law. BILATERAL ECONOMIC ASSISTANCE Agency for International Development for CHAPTER 7 FUNDS APPROPRIATED TO THE continued support for its Afghan Civilian As- DEPARTMENT OF STATE AND RELATED PRESIDENT sistance Program: Provided further, That of AGENCY the funds appropriated under this heading, UNITED STATES AGENCY FOR INTERNATIONAL DEPARTMENT OF STATE not less than $6,000,000 shall be made avail- DEVELOPMENT able for assistance for elections, reintegra- ADMINISTRATION OF FOREIGN AFFAIRS CHILD SURVIVAL AND HEALTH PROGRAMS FUND tion of ex-combatants, and other assistance DIPLOMATIC AND CONSULAR PROGRAMS For an additional amount for ‘‘Child Sur- to support the peace process in Nepal: Pro- For an additional amount for ‘‘Diplomatic vival and Health Programs Fund’’, vided further, That of the funds appropriated and Consular Programs’’, $815,796,000, to re- $161,000,000, to remain available until Sep- under this heading, not less than $3,200,000

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shall be made available, notwithstanding gees including not less than $5,000,000 to res- DEBT RESTRUCTURING any other provision of law, for assistance for cue Iraqi scholars, and not less than SEC. 1704. Amounts appropriated for fiscal Vietnam for environmental remediation of $18,000,000 shall be made available for assist- year 2007 for ‘‘Bilateral Economic Assist- dioxin storage sites and to support health ance for Afghan refugees. ance—Department of the Treasury—Debt Re- programs in communities near those sites: UNITED STATES EMERGENCY REFUGEE AND structuring’’ may be used to assist Liberia in Provided further, That funds made available MIGRATION ASSISTANCE FUND retiring its debt arrearages to the Inter- pursuant to the previous proviso should be For an additional amount for ‘‘United national Monetary Fund, the International matched, to the maximum extent possible, States Emergency Refugee and Migration Bank for Reconstruction and Development, with contributions from other governments, Assistance Fund’’, $55,000,000, to remain and the African Development Bank. multilateral organizations, and private available until expended. JORDAN sources: Provided further, That of the funds NONPROLIFERATION, ANTI-TERRORISM, made available under this heading, not less (INCLUDING TRANSFER OF FUNDS) DEMINING AND RELATED PROGRAMS than $6,000,000 shall be made available for ty- SEC. 1705. Of the funds appropriated by this phoon reconstruction assistance for the Phil- For an additional amount for ‘‘Non- Act for assistance for Iraq under the heading ippines: Provided further, That of the funds proliferation, Anti-Terrorism, Demining and ‘‘Economic Support Fund’’ that are available made available under this heading, not less Related Programs’’, $27,500,000, to remain to support Provincial Reconstruction Team than $110,000,000 shall be made available for available until September 30, 2008. activities, up to $100,000,000 may be trans- assistance for Pakistan, of which not less DEPARTMENT OF THE TREASURY ferred to, and merged with, funds appro- than $5,000,000 shall be made available for po- INTERNATIONAL AFFAIRS TECHNICAL priated by this Act under the headings ‘‘For- litical party development and election moni- ASSISTANCE PROGRAM eign Military Financing Program’’ and ‘‘Nonproliferation, Anti-terrorism, Demining toring activities: Provided further, That of For an additional amount for ‘‘Inter- and Related Programs’’ for assistance for the funds appropriated under this heading, national Affairs Technical Assistance’’, Jordan: Provided, That funds transferred pur- not less than $2,000,000 shall be made avail- $2,750,000, to remain available until Sep- suant to this section shall be subject to the able to support the peace process in northern tember 30, 2008. Uganda: Provided further, That of the funds regular notification procedures of the Com- MILITARY ASSISTANCE made available under the heading ‘‘Eco- mittees on Appropriations. nomic Support Fund’’ in Public Law 109–234 FUNDS APPROPRIATED TO THE LEBANON PRESIDENT for Iraq to promote democracy, rule of law SEC. 1706. Prior to the initial obligation of and reconciliation, $2,000,000 should be made FOREIGN MILITARY FINANCING PROGRAM funds made available in this Act for assist- available for the United States Institute of For an additional amount for ‘‘Foreign ance for Lebanon under the headings ‘‘For- Peace for programs and activities in Afghan- Military Financing Program’’, $220,000,000, to eign Military Financing Program’’ and istan to remain available until September 30, remain available until September 30, 2008, for ‘‘Nonproliferation, Anti-terrorism, Demining 2008. assistance for Lebanon. and Related Programs’’, the Secretary of DEPARTMENT OF STATE PEACEKEEPING OPERATIONS State shall certify to the Committees on Ap- ASSISTANCE FOR EASTERN EUROPE AND THE (INCLUDING TRANSFER OF FUNDS) propriations that all practicable efforts have BALTIC STATES For an additional amount for ‘‘Peace- been made to ensure that such assistance is For an additional amount for ‘‘Assistance keeping Operations’’, $323,000,000, to remain not provided to or through any individual, or for Eastern Europe and the Baltic States’’, available until September 30, 2008, of which private or government entity, that advo- $214,000,000, to remain available until Sep- up to $128,000,000 may be transferred, subject cates, plans, sponsors, engages in, or has en- tember 30, 2008, for assistance for Kosovo. to the regular notification procedures of the gaged in, terrorist activity: Provided, That this section shall be effective notwith- DEMOCRACY FUND Committees on Appropriations, to ‘‘Con- tributions to International Peacekeeping Ac- standing section 534(a) of Public Law 109–102, For an additional amount for ‘‘Democracy which is made applicable to funds appro- Fund’’, $465,000,000, to remain available until tivities’’, to be made available, notwith- standing any other provision of law, for as- priated for fiscal year 2007 by the Continuing September 30, 2008: Provided, That of the Appropriations Resolution, 2007, as amended. funds appropriated under this heading, not sessed costs of United Nations Peacekeeping HUMAN RIGHTS AND DEMOCRACY FUND less than $385,000,000 shall be made available Missions: Provided, That of the funds appro- for the Human Rights and Democracy Fund priated under this heading, not less than SEC. 1707. The Assistant Secretary of State of the Bureau of Democracy, Human Rights $45,000,000 shall be made available, notwith- for Democracy, Human Rights and Labor and Labor, Department of State, for democ- standing section 660 of the Foreign Assist- shall be responsible for all policy, funding, racy, human rights, and rule of law programs ance Act of 1961, for assistance for Liberia and programming decisions regarding funds in Iraq: Provided further, That prior to the for security sector reform. made available under this Act and prior Acts initial obligation of funds made available GENERAL PROVISIONS—THIS CHAPTER making appropriations for foreign oper- ations, export financing and related pro- under this heading for Iraq for the Political AUTHORIZATION OF FUNDS grams for the Human Rights and Democracy Participation Fund or the National Institu- SEC. 1701. Funds appropriated by this title tions Fund, the Secretary of State shall sub- Fund of the Bureau of Democracy, Human may be obligated and expended notwith- Rights and Labor. mit a report to the Committees on Appro- standing section 10 of Public Law 91–672 (22 priations describing a comprehensive, long- U.S.C. 2412), section 15 of the State Depart- INSPECTOR GENERAL OVERSIGHT OF IRAQ AND term strategy, with goals and expected re- ment Basic Authorities Act of 1956 (22 U.S.C. AFGHANISTAN sults, for strengthening and advancing de- 2680), section 313 of the Foreign Relations SEC. 1708. (a) IN GENERAL.—Subject to mocracy in Iraq: Provided further, That of the Authorization Act, Fiscal Years 1994 and 1995 paragraph (2), the Inspector General of the funds appropriated under this heading, not (22 U.S.C. 6212), and section 504(a)(1) of the Department of State and the Broadcasting less than $5,000,000 shall be made available National Security Act of 1947 (50 U.S.C. Board of Governors (referred to in this sec- for media and reconciliation programs in So- 414(a)(1)). tion as the ‘‘Inspector General’’) may use malia. EXTENSION OF AVAILABILITY OF FUNDS personal services contracts to engage citi- INTERNATIONAL NARCOTICS CONTROL AND LAW zens of the United States to facilitate and SEC. 1702. Section 1302(a) of Public Law 109– support the Office of the Inspector General’s ENFORCEMENT 234 is amended by striking ‘‘one additional oversight of programs and operations related (INCLUDING RESCISSION OF FUNDS) year’’ and inserting in lieu thereof ‘‘two ad- to Iraq and Afghanistan. Individuals engaged ditional years’’. For an additional amount for ‘‘Inter- by contract to perform such services shall national Narcotics Control and Law Enforce- EXTENSION OF OVERSIGHT AUTHORITY not, by virtue of such contract, be considered ment’’, $210,000,000, to remain available until SEC. 1703. Section 3001(o)(1)(B) of the Emer- to be employees of the United States Govern- September 30, 2008. gency Supplemental Appropriations Act for ment for purposes of any law administered Of the amounts made available for procure- Defense and for the Reconstruction of Iraq by the Office of Personnel Management. The ment of a maritime patrol aircraft for the and Afghanistan, 2004 (Public Law 108–106; Secretary of State may determine the appli- Colombian Navy under this heading in Pub- 117 Stat. 1238; 5 U.S.C. App., note to section cability to such individuals of any law ad- lic Law 109–234, $13,000,000 are rescinded. 8G of Public Law 95–452), as amended by sec- ministered by the Secretary concerning the MIGRATION AND REFUGEE ASSISTANCE tion 1054(b) of the John Warner National De- performance of such services by such individ- For an additional amount for ‘‘Migration fense Authorization Act for Fiscal Year 2007 uals. and Refugee Assistance’’, $143,000,000, to re- (Public Law 109–364; 120 Stat. 2397) and sec- (b) CONDITIONS.—The authority under para- main available until September 30, 2008: Pro- tion 2 of the Iraq Reconstruction Account- graph (1) is subject to the following condi- vided, That of the funds appropriated under ability Act of 2006 (Public Law 109–440), is tions: this heading, not less than $65,000,000 shall be amended by inserting ‘‘or fiscal year 2007’’ (1) The Inspector General determines that made available for assistance for Iraqi refu- after ‘‘fiscal year 2006’’. existing personnel resources are insufficient.

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00042 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7611 (2) The contract length for a personal serv- section (a) shall not apply with respect to Karenni National Progressive Party shall ices contractor, including options, may not funds made available under the heading not be considered to be a terrorist organiza- exceed 1 year, unless the Inspector General ‘‘Economic Support Fund’’ that are adminis- tion on the basis of any act or event occur- makes a finding that exceptional cir- tered by the United States Agency for Inter- ring before the date of enactment of this sec- cumstances justify an extension of up to 2 national Development for continued support tion. Nothing in this subsection may be con- additional years. for the Community Action Program, assist- strued to alter or limit the authority of the (3) Not more than 20 individuals may be ance for civilian victims of the military op- Secretary of State and Secretary of Home- employed at any time as personal services erations, and the Community Stabilization land Security to exercise their discretionary contractors under the program. Program in Iraq, or for programs and activi- authority pursuant to 212(d)(3)(B)(i) (8 U.S.C. (c) TERMINATION OF AUTHORITY.—The au- ties to promote democracy, governance, 1182(d)(3)(B)(i)).’’. thority to award personal services contracts human rights, and rule of law. (c) DURESS EXCEPTION.—Section under this section shall terminate on Decem- (c) REPORT.—At the time the President 212(a)(3)(B)(iv)(VI) of the Immigration and ber 31, 2008. A contract entered into prior to certifies to the Committees on Appropria- Nationality Act (8 U.S.C. the termination date under this paragraph tions and Foreign Relations of the Senate 1182(a)(3)(B)(iv)(VI)) is amended by adding may remain in effect until not later than De- and the Committees on Appropriations and ‘‘other than an act carried out under duress’’ cember 31, 2009. Foreign Affairs of the House of Representa- after ‘‘act’’ and before ‘‘that the actor (d) OTHER AUTHORITIES NOT AFFECTED.— tives that the Government of Iraq has met knows’’. the benchmarks described in subsection (a), The authority under this section is in addi- (d) TECHNICAL CORRECTION.—Section tion to any other authority of the Inspector the President shall submit to such Commit- 212(a)(3)(B)(ii) of the Immigration and Na- General to hire personal services contrac- tees a report that contains a detailed de- tionality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is tors. scription of the specific actions that the amended by striking ‘‘Subclause (VII)’’ and Government of Iraq has taken to meet each FUNDING TABLES inserting ‘‘Subclause (IX)’’. of the benchmarks referenced in the certifi- (e) REGULATIONS.—Section 212(d)(3)(B) of SEC. 1709. (a) Funds provided in this Act for cation. the following accounts shall be made avail- the Immigration and Nationality Act (8 RELIEF FOR IRAQI, HMONG AND OTHER REFU- able for programs and countries in the U.S.C. 1182(d)(3)(B)) is amended by adding the GEES WHO DO NOT POSE A THREAT TO THE amounts contained in the respective tables following subsection: UNITED STATES included in the report accompanying this ‘‘(iii) Not later than 180 days after the date Act: SEC. 1711. (a) AMENDMENT TO AUTHORITY TO of enactment of this Act, the Secretary of ‘‘Diplomatic and Consular Programs’’. DETERMINE THE BAR TO ADMISSION INAPPLI- the Department of Homeland Security and ‘‘Educational and Cultural Exchange Pro- CABLE.—Section 212(d)(3)(B)(i) of the Immi- Secretary of State shall each publish in the grams’’. gration and Nationality Act (8 U.S.C. Federal Register regulations establishing ‘‘International Disaster and Famine As- 1182(d)(3)(B)(i)) is amended to read as follows: the process by which the eligibility of a ref- sistance’’. ‘‘The Secretary of State, after consultation ugee, asylum seeker, or individual seeking to ‘‘Economic Support Fund’’. with the Attorney General and the Secretary adjust his immigration status is considered ‘‘Assistance for Eastern Europe and Baltic of Homeland Security, or the Secretary of eligible for any of the exceptions authorized States’’. Homeland Security, after consultation with by clause (i), including a timeline for issuing ‘‘Democracy Fund’’. the Secretary of State and the Attorney a determination.’’. ‘‘Migration and Refugee Assistance’’. General, may determine in such Secretary’s (f) EFFECTIVE DATE.—The amendments ‘‘Nonproliferation, Anti-Terrorism, Demin- sole unreviewable discretion that subsection made by this section shall take effect on the ing and Related Programs’’. (a)(3)(B) shall not apply with respect to an date of enactment of this section, and these ‘‘Peacekeeping Operations’’. alien within the scope of that subsection, or amendments and sections 212(a)(3)(B) and (b) Any proposed increases or decreases to that subsection (a)(3)(B)(vi)(III) shall not 212(d)(3)(B) of the Immigration and Nation- the amounts contained in the tables in the apply to a group. Such a determination shall ality Act (8 U.S.C. 1182(a)(3)(B) and accompanying report shall be subject to the neither prejudice the ability of the United 1182(d)(3)(B)), as amended by these sections, regular notification procedures of the Com- States Government to commence criminal or shall apply to— mittees on Appropriations and section 634A civil proceedings involving a beneficiary of (1) removal proceedings instituted before, of the Foreign Assistance Act of 1961. such a determination or any other person, on, or after the date of enactment of this nor create any substantive or procedural section; and BENCHMARKS FOR CERTAIN RECONSTRUCTION right or benefit for a beneficiary of such a (2) acts and conditions constituting a ASSISTANCE FOR IRAQ determination or any other person. Notwith- ground for inadmissibility, excludability, de- SEC. 1710. (a) BENCHMARKS.—Notwith- standing any other provision of law (statu- portation, or removal occurring or existing standing any other provision of law, fifty tory or non-statutory), including but not before, on, or after such date. percent of the funds appropriated by this Act limited to section 2241 of title 28, or any for assistance for Iraq under the headings other habeas corpus provision, and sections SPENDING PLAN AND NOTIFICATION PROCEDURES ‘‘Economic Support Fund’’ and ‘‘Inter- 1361 and 1651 of such title, no court shall SEC. 1712. Not later than 45 days after en- national Narcotics and Law Enforcement’’ have jurisdiction to review such a deter- actment of this Act the Secretary of State shall be withheld from obligation until the mination or revocation except in a pro- shall submit to the Committees on Appro- President certifies to the Committees on Ap- ceeding for review of a final order of removal priations a report detailing planned expendi- propriations and Foreign Relations of the pursuant to section 242 and only to the ex- tures for funds appropriated under the head- Senate and the Committees on Appropria- tent provided in section 242(a)(2)(D). The ings in this chapter, except for funds appro- tions and Foreign Affairs of the House of Secretary of State may not exercise the dis- priated under the headings ‘‘International Representatives that the Government of Iraq cretion provided in this clause with respect Disaster and Famine Assistance’’, ‘‘Office of has— to an alien at any time during which the the United States Agency for International (1) enacted a broadly accepted hydro-car- alien is the subject of pending removal pro- Development Inspector General’’, and ‘‘Of- bon law that equitably shares oil revenues ceedings under section 1229a of title 8.’’. fice of the Inspector General’’: Provided, That among all Iraqis; (b) AUTOMATIC RELIEF FOR THE HMONG AND funds appropriated under the headings in (2) adopted legislation necessary for the OTHER GROUPS THAT DO NOT POSE A THREAT this chapter, except for funds appropriated conduct of provincial and local elections, TO THE UNITED STATES.—Section 212(a)(3)(B) under the headings named in this section, taken steps to implement such legislation, of the Immigration and Nationality Act (8 shall be subject to the regular notification and set a schedule to conduct provincial and U.S.C. 1182(a)(3)(B)) is amended— procedures of the Committees on Appropria- local elections; (1) in clause (vi) in the matter preceding tions. (3) reformed current laws governing the de- section (I), by striking ‘‘As’’ and inserting TITLE II Baathification process to allow for more eq- ‘‘Except as provided in clause (vii), as’’; and uitable treatment of individuals affected by (2) by adding at the end the following new KATRINA RECOVERY, VETERANS’ CARE such laws; clause: AND FOR OTHER PURPOSES (4) amended the Constitution of Iraq con- ‘‘(vii) Notwithstanding clause (vi), for pur- CHAPTER 1 sistent with the principles contained in Arti- poses of this section the Hmong, the GENERAL PROVISION—THIS CHAPTER cle 137 of such constitution; and Montagnards, the Karen National Union/ (5) allocated and begun expenditure of Karen Liberation Army (KNU/KNLA), the EMERGENCY FORESTRY CONSERVATION RESERVE $10,000,000,000 in Iraqi revenues for recon- Chin National Front/Chin National Army PROGRAM struction projects, including delivery of es- (CNF/CNA), the Chin National League for SEC. 2101. Section 1231(k)(2) of the Food Se- sential services, on an equitable basis. Democracy (CNLD), the Kayan New Land curity Act of 1985 (16 U.S.C. 3831(k)(2)) is (b) EXEMPTIONS.—The requirement to with- Party (KNLP), the Arakan Liberation Party amended by striking ‘‘During calendar year hold funds from obligation pursuant to sub- (ALP), the Mustangs, the Alzados, and the 2006, the’’ and inserting ‘‘The’’.

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00043 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7612 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 CHAPTER 2 and Space Administration in Public Law 109– ages due to the construction or operation DEPARTMENT OF JUSTICE 148 and Public Law 109–234 for emergency and maintenance of the project, except for OFFICE OF JUSTICE PROGRAMS hurricane and other natural disaster-related damages due to the fault or negligence of the expenses may be used to reimburse hurri- United States or its contractors. STATE AND LOCAL LAW ENFORCEMENT cane-related costs incurred by NASA in fis- ASSISTANCE DEPARTMENT OF INTERIOR cal year 2005. For an additional amount for ‘‘State and BUREAU OF RECLAMATION CHAPTER 3 Local Law Enforcement Assistance’’, for dis- WATER AND RELATED RESOURCES cretionary grants authorized by subpart 2 of DEPARTMENT OF DEFENSE—CIVIL part E, of title I of the Omnibus Crime Con- DEPARTMENT OF THE ARMY For an additional amount for ‘‘Water and Related Resources’’, $18,000,000, to remain trol and Safe Streets Act of 1968, notwith- CORPS OF ENGINEERS—CIVIL standing the provisions of section 511 of said available until expended for drought assist- CONSTRUCTION Act, $170,000,000, to remain available until ance: Provided, That drought assistance may September 30, 2008: Provided, That of the For an additional amount for ‘‘Construc- be provided under the Reclamation States amount made available under this heading, tion’’ for necessary expenses related to the Drought Emergency Act or other applicable $70,000,000 shall be for local law enforcement consequences of Hurricane Katrina and other Reclamation authorities to assist drought initiatives in the gulf coast region related to hurricanes of the 2005 season, $150,000,000, to plagued areas of the West. the aftermath of Hurricanes Katrina and remain available until expended, which may GENERAL PROVISIONS—THIS CHAPTER Rita, of which no less than $55,000,000 shall be used to continue construction of projects SEC. 2301. The Secretary is authorized and be for the State of Louisiana: Provided fur- related to interior drainage for the greater directed to reimburse local governments for ther, That of the amount made available New Orleans metropolitan area. expenses they have incurred in storm-proof- under this heading, $100,000,000 shall be for OPERATION AND MAINTENANCE reimbursing State and local law enforcement ing pumping stations, constructing safe For an additional amount for ‘‘Operation houses for operators, and other interim flood entities for security and related costs, in- and Maintenance’’ to dredge navigation cluding overtime, associated with the 2008 control measures in and around the New Or- channels related to the consequences of Hur- Presidential Candidate Nominating Conven- leans metropolitan area, provided the Sec- ricane Katrina and other hurricanes of the tions, of which $50,000,000 shall be for the retary determines those elements of work 2005 season, $3,000,000, to remain available city of Denver, Colorado and $50,000,000 shall and related expenses to be integral to the until expended. be for the city of St. Paul, Minnesota: Pro- overall plan to ensure operability of the sta- vided further, That the Department of Justice FLOOD CONTROL AND COASTAL EMERGENCIES tions during hurricanes, storms and high shall report to the Committees on Appro- For an additional amount for ‘‘Flood Con- water events and the flood control plan for priations of the House and the Senate on a trol and Coastal Emergencies’’, as authorized the area. quarterly basis on the expenditure of the by section 5 of the Act of August 18, 1941 (33 SEC. 2302. The limitation concerning total funds provided in the previous proviso. U.S.C. 701n), for necessary expenses relating project costs in section 902 of the Water Re- DEPARTMENT OF COMMERCE to the consequences of Hurricanes Katrina sources Development Act of 1986, as amended (33 U.S.C. 2280), shall not apply during fiscal NATIONAL OCEANIC AND ATMOSPHERIC and Rita and for other purposes, year 2008 to any water resources project for ADMINISTRATION $1,557,700,000, to remain available until ex- pended: Provided, That $1,300,000,000 of the which funds were made available during fis- OPERATIONS, RESEARCH, AND FACILITIES amount provided may be used by the Sec- cal year 2007. For an additional amount for ‘‘Operations, retary of the Army to carry out projects and SEC. 2303. (a) The Secretary of the Army is Research, and Facilities’’, for necessary ex- measures to provide the level of protection authorized and directed to utilize funds re- penses related to fisheries disasters, necessary to achieve the certification re- maining available for obligation from the $165,900,000, to remain available until Sep- quired for the 100-year level of flood protec- amounts appropriated in chapter 3 of Public tember 30, 2008: Provided, That of the amount tion in accordance with the national flood Law 109–234 under the heading ‘‘Flood Con- provided under this heading, the National insurance program under the base flood ele- trol and Coastal Emergencies’’ for projects Marine Fisheries Service shall cause vations in existence at the time of construc- in the greater New Orleans metropolitan $60,400,000 to be distributed among eligible tion of the enhancements for the West Bank area to prosecute these projects in a manner recipients of assistance for the commercial and Vicinity and Lake Ponchartrain and Vi- which promotes the goal of continuing work fishery failure designated under section cinity, Louisiana, projects, as described at an optimal pace, while maximizing, to the 312(a) of the Magnuson-Stevens Fishery Con- greatest extent practicable, levels of protec- servation and Management Act (16 U.S.C. under the heading ‘‘Flood Control and Coast- tion to reduce the risk of storm damage to 1861a(a)) and declared by the Secretary of al Emergencies’’, in chapter 3 of Public Law people and property. Commerce on August 10, 2006: Provided fur- 109–148: Provided further, That $150,000,000 of (b) The expenditure of funds as provided in ther, That of the amount provided under this the amount provided may be used to support heading, $105,500,000 shall be for necessary emergency operations, repairs and other ac- subsection (a) may be made without regard expenses related to the consequences of Hur- tivities in response to flood, drought and to individual amounts or purposes specified ricanes Katrina and Rita on shrimp and fish- earthquake emergencies as authorized by in chapter 3 of Public Law 109–234. ing industries. law: Provided further, That $107,700,000 of the (c) Any reallocation of funds that are nec- amount provided may be used to implement essary to accomplish the goal established in PROCUREMENT, ACQUISITION, AND the projects for hurricane storm damage re- subsection (a) are authorized. Reallocation CONSTRUCTION duction, flood damage reduction, and eco- of funds in excess of $250,000,000 or 50 percent, For an additional amount for ‘‘Procure- system restoration within Hancock, Har- whichever is less, of the individual amounts ment, Acquisition and Construction’’, for rison, and Jackson Counties, Mississippi sub- specified in chapter 3 of Public Law 109–234 necessary expenses related to disaster re- stantially in accordance with the Report of require notifications of the House and Sen- sponse and preparedness of the Gulf of Mex- the Chief of Engineers dated December 31, ate Committees on Appropriation. ico coast, $6,000,000, to remain available until 2006, and entitled ‘‘Mississippi, Coastal Im- CHAPTER 4 September 30, 2008. provements Program Interim Report, Han- SMALL BUSINESS ADMINISTRATION FISHERIES DISASTER MITIGATION FUND cock, Harrison, and Jackson Counties, Mis- For an additional amount for a ‘‘Fisheries sissippi’’: Provided further, That projects au- DISASTER LOANS PROGRAM ACCOUNT Disaster Mitigation Fund’’, $50,000,000, to re- thorized for implementation under this (INCLUDING TRANSFER OF FUNDS) main available until expended for use in Chief’s report shall be carried out at full For an additional amount for ‘‘Disaster mitigating the effects of commercial fish- Federal expense, except that the non-Federal eries failures and fishery resource disasters Loans Program Account’’ for administrative interests shall be responsible for providing expenses to carry out the disaster loan pro- as determined under the Magnuson Stevens any lands, easements, rights-of-way, disposal Act (16 U.S.C. 1801 et seq.) or the Interjuris- gram, $25,069,000, to remain available until areas, and relocations required for construc- expended, which may be transferred to and dictional Fisheries Act (16 U.S.C. 4101 et tion of the project and for all costs associ- seq.): Provided, That the Secretary of Com- merged with ‘‘Small Business Administra- ated with operation and maintenance of the tion, Salaries and Expenses’’. merce shall obligate funds provided under project: Provided further, That any project this heading according to the Magnuson Ste- using funds appropriated under this heading GENERAL PROVISIONS—THIS CHAPTER vens Conservation Act, as amended, the shall be initiated only after non-Federal in- SEC. 2401. ECONOMIC INJURY DISASTER Interjurisdictional Fisheries Act, as amend- terests have entered into binding agreements LOANS. (a) DEFINITIONS.—In this section— ed, or other Acts as the Secretary deter- with the Secretary requiring the non-Federal (1) the term ‘‘Administrator’’ means the mines to be appropriate. interests to pay 100 percent of the operation, Administrator of the Small Business Admin- GENERAL PROVISION—THIS CHAPTER maintenance, repair, replacement, and reha- istration; SEC. 2201. Up to $48,000,000 of amounts bilitation costs of the project and to hold (2) the term ‘‘covered small business con- made available to the National Aeronautics and save the United States free from dam- cern’’ means a small business concern—

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00044 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7613 (A) that is located in any area in Louisiana September 2005, during the time period de- Stat. 471) is amended under the heading or Mississippi for which the President de- scribed in paragraph (8).’’; and ‘‘Disaster Assistance Direct Loan Program clared a major disaster because of Hurricane (2) by adding at the end the following: Account’’ under the heading ‘‘Federal Emer- Katrina of 2005 or Hurricane Rita of 2005; ‘‘(8) TIME PERIOD.—The time period for the gency Management Agency’’ under the head- (B) that has not more than 50 full-time em- purposes of paragraph (1)(F)— ing ‘‘Department of Homeland Security’’, by ployees; and ‘‘(A) shall be the 2-year period beginning striking ‘‘Provided further, That notwith- (C) that— on the later of the date of enactment of this standing section 417(c)(1) of such Act, such (i)(I) suffered a substantial economic in- paragraph and August 29, 2007; and loans may not be canceled:’’. jury as a result of Hurricane Katrina of 2005 ‘‘(B) may, at the discretion of the Adminis- SEC. 2503. Section 2401 of the Emergency or Hurricane Rita of 2005, because of a reduc- trator, be extended to be the 3-year period Supplemental Appropriations Act for De- tion in travel or tourism to the area de- beginning on the later of the date of enact- fense, the Global War on Terror, and Hurri- scribed in subparagraph (A); and ment of this paragraph and August 29, 2007.’’. cane Recovery, 2006 (Public Law 109–234; 120 (II) demonstrates that, during the 1-year (b) RELIEF FROM TEST PROGRAM.—Section Stat. 460) is amended by striking ‘‘12 period ending on August 28, 2005, not less 711(d) of the Small Business Competitive months’’ and inserting ‘‘24 months’’. than 45 percent of the revenue of that small Demonstration Program Act of 1988 (15 CHAPTER 6 business concern resulted from tourism or U.S.C. 644 note) is amended— DEPARTMENT OF THE INTERIOR (1) by striking ‘‘The Program’’ and insert- travel related sales; or BUREAU OF LAND MANAGEMENT (ii)(I) suffered a substantial economic in- ing the following: WILDLAND FIRE MANAGEMENT jury as a result of Hurricane Katrina of 2005 ‘‘(1) IN GENERAL.—Except as provided in or Hurricane Rita of 2005; and paragraph (2), the Program’’; and (INCLUDING TRANSFER OF FUNDS) (II) operates in a parish or county for (2) by adding at the end the following: For an additional amount for ‘‘Wildland which the population on the date of enact- ‘‘(2) EXCEPTION.— Fire Management’’, $100,000,000, to remain ment of this Act, as determined by the Ad- ‘‘(A) IN GENERAL.—The Program shall not available until expended, for urgent wildland ministrator, is not greater than 75 percent of apply to any contract related to relief or re- fire suppression activities: Provided, That the population of that parish or county be- construction from Hurricane Katrina of 2005 such funds shall only become available if fore August 28, 2005, based on the most re- or Hurricane Rita of 2005 during the time pe- funds previously provided for wildland fire cent United States population estimate riod described in subparagraph (B). suppression will be exhausted imminently available before August 28, 2005; ‘‘(B) TIME PERIOD.—The time period for the and the Secretary of the Interior notifies the (3) the term ‘‘major disaster’’ has the purposes of subparagraph (A)— House and Senate Committees on Appropria- meaning given that term in section 102 of the ‘‘(i) shall be the 2-year period beginning on tions in writing of the need for these addi- Robert T. Stafford Disaster Relief and Emer- the later of the date of enactment of this tional funds: Provided further, That such gency Assistance Act (42 U.S.C. 5122); and paragraph and August 29, 2007; and funds are also available for repayment to (4) the term ‘‘small business concern’’ has ‘‘(ii) may, at the discretion of the Adminis- other appropriations accounts from which the meaning given that term in section 3 of trator, be extended to be the 3-year period funds were transferred for wildfire suppres- the Small Business Act (15 U.S.C. 632). beginning on the later of the date of enact- sion. (b) APPROPRIATION.— ment of this paragraph and August 29, 2007.’’. UNITED STATES FISH AND WILDLIFE SERVICE (1) IN GENERAL.—There are appropriated, CHAPTER 5 RESOURCE MANAGEMENT out of any money in the Treasury not other- DEPARTMENT OF HOMELAND SECURITY For an additional amount for ‘‘Resource wise appropriated, $25,000,000 to the Adminis- FEDERAL EMERGENCY MANAGEMENT AGENCY Management’’ for the detection of highly trator, which, except as provided in para- pathogenic avian influenza in wild birds, in- DISASTER RELIEF graph (2) or (3), shall be used for loans under cluding the investigation of morbidity and For an additional amount for ‘‘Disaster section 7(b)(2) of the Small Business Act (15 mortality events, targeted surveillance in Relief’’ for necessary expenses under the U.S.C. 636(b)(2)) to covered small business live wild birds, and targeted surveillance in Robert T. Stafford Disaster Relief and Emer- concerns. hunter-taken birds, $7,398,000, to remain gency Assistance Act (42 U.S.C. 5121 et seq.), (2) ADMINISTRATIVE EXPENSES.—Of the available until September 30, 2008. amounts made available under paragraph (1), $4,310,000,000, to remain available until ex- NATIONAL PARK SERVICE not more than $8,750,000 may be transferred pended. OPERATION OF THE NATIONAL PARK SYSTEM to and merged with ‘‘Salaries and Expenses’’ GENERAL PROVISIONS—THIS CHAPTER For an additional amount for ‘‘Operation to carry out the disaster loan program of the SEC. 2501. (a) IN GENERAL.—Notwith- of the National Park System’’ for the detec- Small Business Administration. standing any other provision of law, includ- tion of highly pathogenic avian influenza in (3) OTHER USES OF FUNDS.—The Adminis- ing any agreement, the Federal share of as- wild birds, including the investigation of trator may use amounts made available sistance, including direct Federal assistance, morbidity and mortality events, $525,000, to under paragraph (1) for other purposes au- provided for the States of Louisiana, Mis- remain available until September 30, 2008. thorized for amounts in the ‘‘Disaster Loans sissippi, Alabama, and Texas in connection Program Account’’ or transfer such amounts with Hurricanes Katrina and Rita under sec- HISTORIC PRESERVATION FUND to and merge such amounts with ‘‘Salaries tions 403, 406, 407, and 408 of the Robert T. For an additional amount for the ‘‘Historic and Expenses’’, if— Stafford Disaster Relief and Emergency As- Preservation Fund’’ for necessary expenses (A) such amounts are— sistance Act (42 U.S.C. 5170b, 5172, 5173, and related to the consequences of Hurricane (i) not obligated on the later of 5 months 5174) shall be 100 percent of the eligible costs Katrina and other hurricanes of the 2005 sea- after the date of enactment of this Act and under such sections. son, $15,000,000, to remain available until August 29, 2007; or (b) APPLICABILITY.— September 30, 2008: Provided, That the funds (ii) necessary to provide assistance in the (1) IN GENERAL.—Subject to paragraph (2), provided under this heading shall be provided event of a major disaster; and the Federal share provided by subsection (a) to the State Historic Preservation Officer, (B) not later than 5 days before any such shall apply to disaster assistance applied for after consultation with the National Park use or transfer of amounts, the Adminis- before the date of enactment of this Act. Service, for grants for disaster relief in areas trator provides written notification of such (2) LIMITATION.—In the case of disaster as- of Louisiana impacted by Hurricanes Katrina use or transfer to the Committee on Appro- sistance provided under sections 403, 406, and or Rita: Provided further, That grants shall priations of the Senate and the Committee 407 of the Robert T. Stafford Disaster Relief be for the preservation, stabilization, reha- on Appropriations of the House of Represent- and Emergency Assistance Act, the Federal bilitation, and repair of historic properties atives. share provided by subsection (a) shall be lim- listed in or eligible for the National Register SEC. 2402. OTHER PROGRAMS. (a) ited to assistance provided for projects for of Historic Places, for planning and technical HUBZONES.—Section 3(p) of the Small Busi- which applications have been prepared for assistance: Provided further, That grants ness Act (15 U.S.C. 632(p)) is amended— the Federal Emergency Management Agency shall only be available for areas that the (1) in paragraph (1)— before the date of enactment of this Act. President determines to be a major disaster (A) in subparagraph (D), by striking ‘‘or’’; SEC. 2502. (a) Section 2(a) of the Commu- under section 102(2) of the Robert T. Stafford (B) in subparagraph (E), by striking the pe- nity Disaster Loan Act of 2005 (Public Law Disaster Relief and Emergency Assistance riod at the end and inserting ‘‘; or’’; and 109–88; 119 Stat. 2061) is amended by striking Act (42 U.S.C. 5122(2)) due to Hurricanes (C) by adding at the end the following: ‘‘: Provided further, That notwithstanding Katrina or Rita: Provided further, That indi- ‘‘(F) an area in which the President has de- section 417(c)(1) of the Stafford Act, such vidual grants shall not be subject to a non- clared a major disaster (as that term is de- loans may not be canceled’’. Federal matching requirement: Provided fur- fined in section 102 of the Robert T. Stafford (b) Chapter 4 of title II of the Emergency ther, That no more than 5 percent of funds Disaster Relief and Emergency Assistance Supplemental Appropriations Act for De- provided under this heading for disaster re- Act (42 U.S.C. 5122)) as a result of Hurricane fense, the Global War on Terror, and Hurri- lief grants may be used for administrative Katrina of August 2005 or Hurricane Rita of cane Recovery, 2006 (Public Law 109–234; 120 expenses.

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00045 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7614 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007

UNITED STATES GEOLOGICAL SURVEY CHAPTER 7 DEPARTMENT OF EDUCATION SURVEYS, INVESTIGATIONS, AND RESEARCH DEPARTMENT OF HEALTH AND HUMAN HIGHER EDUCATION SERVICES For an additional amount for ‘‘Surveys, In- For an additional amount under part B of vestigations, and Research’’ for the detec- CENTERS FOR DISEASE CONTROL AND title VII of the Higher Education Act of 1965 tion of highly pathogenic avian influenza in PREVENTION (‘‘HEA’’) for institutions of higher education wild birds, including the investigation of DISEASE CONTROL, RESEARCH AND TRAINING (as defined in section 102 of that Act) that morbidity and mortality events, targeted For an additional amount for ‘‘Department are located in an area in which a major dis- surveillance in live wild birds, and targeted of Health and Human Services, Centers for aster was declared in accordance with sec- surveillance in hunter-taken birds, $5,270,000, Disease Control and Prevention, Disease tion 401 of the Robert T. Stafford Disaster to remain available until September 30, 2008. Control, Research and Training’’, to carry Relief and Emergency Assistance Act related to hurricanes in the Gulf of Mexico in cal- DEPARTMENT OF AGRICULTURE out section 501 of the Federal Mine Safety and Health Act of 1977 and section 6 of the endar year 2005, $30,000,000: Provided, That FOREST SERVICE Mine Improvement and New Emergency Re- such funds shall be available to the Sec- NATIONAL FOREST SYSTEM sponse Act of 2006, $13,000,000 for research to retary of Education only for payments to help defray the expenses (which may include For an additional amount for ‘‘National develop mine safety technology, including necessary repairs and improvements to lost revenue, reimbursement for expenses al- Forest System’’ for the implementation of a ready incurred, and construction) incurred nationwide initiative to increase protection leased laboratories: Provided, That progress reports on technology development shall be by such institutions of higher education that of national forest lands from foreign drug- were forced to close, relocate or significantly trafficking organizations, including funding submitted to the House and Senate Commit- tees on Appropriations and the Committee curtail their activities as a result of damage for additional law enforcement personnel, directly caused by such hurricanes and for training, equipment and cooperative agree- on Health, Education, Labor and Pensions of the Senate and the Committee on Education payments to enable such institutions to pro- ments, $12,000,000, to remain available until vide grants to students who attend such in- expended. and Labor of the House of Representatives on a quarterly basis: Provided further, That stitutions for academic years beginning on WILDLAND FIRE MANAGEMENT the amount provided under this heading or after July 1, 2006: Provided further, That (INCLUDING TRANSFER OF FUNDS) shall remain available until September 30, such payments shall be made in accordance 2008. with criteria established by the Secretary For an additional amount for ‘‘Wildland and made publicly available without regard ADMINISTRATION FOR CHILDREN AND FAMILIES Fire Management’’, $400,000,000, to remain to section 437 of the General Education Pro- available until expended, for urgent wildland LOW-INCOME HOME ENERGY ASSISTANCE visions Act, section 553 of title 5, United fire suppression activities: Provided, That For an additional amount for ‘‘Low-Income States Code, or part B of title VII of the such funds shall only become available if Home Energy Assistance’’ under section HEA. funds provided previously for wildland fire 2604(a) through (d) of the Low-Income Home GENERAL PROVISIONS—THIS CHAPTER suppression will be exhausted imminently Energy Assistance Act of 1981 (42 U.S.C. and the Secretary of Agriculture notifies the 8623(a) through (d)), $320,000,000. SEC. 2701. Section 105(b) of title IV of divi- House and Senate Committees on Appropria- For an additional amount for ‘‘Low-Income sion B of Public Law 109–148 is amended by tions in writing of the need for these addi- Home Energy Assistance’’ under section adding at the end the following new sen- tional funds: Provided further, That such 2604(e) of the Low-Income Home Energy As- tence: ‘‘With respect to the program author- funds are also available for repayment to sistance Act of 1981 (42 U.S.C. 8623(e)), ized by section 102 of this Act, the waiver au- other appropriation accounts from which $320,000,000. thority in subsection (a) of this section shall be available until the end of fiscal year funds were transferred for wildfire suppres- OFFICE OF THE SECRETARY 2008.’’ sion. PUBLIC HEALTH AND SOCIAL SERVICES (INCLUDING RESCISSION) GENERAL PROVISIONS—THIS CHAPTER EMERGENCY FUND EC (INCLUDING TRANSFER OF FUNDS) S . 2702. (a) From unexpended balances of SEC. 2601. (a) For fiscal year 2007, payments the amounts made available in the 2001 For an additional amount for ‘‘Public shall be made from any revenues, fees, pen- Emergency Supplemental Appropriations Health and Social Services Emergency alties, or miscellaneous receipts described in Act for Recovery from and Response to Ter- Fund’’ to prepare for and respond to an influ- sections 102(b)(3) and 103(b)(2) of the Secure rorist Attacks on the United States (Public enza pandemic, $820,000,000, to remain avail- Rural Schools and Community Self-Deter- Law 107–38) for the Employment Training able until expended: Provided, That this mination Act of 2000 (Public Law 106–393; 16 Administration, Training and Employment amount shall be for activities including the U.S.C. 500 note), not to exceed $100,000,000, Services under the Department of Labor, development and purchase of vaccine, and the payments shall be made, to the max- $3,589,000 are rescinded. imum extent practicable, in the same antivirals, necessary medical supplies, (b) For an additional amount for the Cen- amounts, for the same purposes, and in the diagnostics, and other surveillance tools: ters for Disease Control and Prevention for same manner as were made to States and Provided further, That products purchased carrying out activities under section 5011(b) counties in 2006 under that Act. with these funds may, at the discretion of of the Emergency Supplemental Appropria- (b) There is appropriated $425,000,000 to be the Secretary of Health and Human Services, tions Act to Address Hurricanes in the Gulf used to cover any shortfall for payments be deposited in the Strategic National of Mexico and Pandemic Influenza, 2006 (Pub- made under this section. Stockpile: Provided further, That notwith- lic Law 109–148), $3,589,000. standing section 496(b) of the Public Health (c) Titles II and III of Public Law 106–393 SEC. 2703. Notwithstanding section 2002(c) are amended, effective September 30, 2006, by Service Act, funds may be used for the con- of the Social Security Act (42 U.S.C. striking ‘‘2006’’ and ‘‘2007’’ each place they struction or renovation of privately owned 1397a(c)), funds made available under the appear and inserting ‘‘2007’’ and ‘‘2008’’, re- facilities for the production of pandemic vac- heading ‘‘Social Services Block Grant’’ in di- spectively. cine and other biologicals, where the Sec- vision B of Public Law 109–148 shall be avail- SEC. 2602. Disaster relief funds from Public retary finds such a contract necessary to se- able for expenditure by the States through Law 109–234, 120 Stat. 418, 461, (June 30, 2006), cure sufficient supplies of such vaccines or the end of fiscal year 2008. chapter 5, ‘‘National Park Service—Historic biologicals: Provided further, That funds ap- SEC. 2704. ELIMINATION OF REMAINDER OF Preservation Fund,’’ for necessary expenses propriated herein may be transferred to SCHIP FUNDING SHORTFALLS FOR FISCAL related to the consequences of Hurricane other appropriation accounts of the Depart- YEAR 2007. (a) ELIMINATION OF REMAINDER OF Katrina and other hurricanes of the 2005 sea- ment of Health and Human Services, as de- FUNDING SHORTFALLS, TIERED MATCH, AND son, may be used to reconstruct destroyed termined by the Secretary to be appropriate, OTHER LIMITATION ON EXPENDITURES.—Sec- properties that at the time of destruction to be used for the purposes specified in this tion 2104(h) of the Social Security Act (42 were listed in the National Register of His- sentence. U.S.C. 1397dd(h)), as added by section 201(a) toric Places and are otherwise qualified to COVERED COUNTERMEASURE PROCESS FUND of the National Institutes of Health Reform receive these funds: Provided, That the State For carrying out section 319F–4 of the Pub- Act of 2006 (Public Law 109–482), is amend- Historic Preservation Officer certifies that, lic Health Service Act (42 U.S.C. 247d–6e) to ed— for the community where that destroyed compensate individuals for injuries caused (1) in the heading for paragraph (2), by property was located, that the property is by H5N1 vaccine, in accordance with the dec- striking ‘‘REMAINDER OF REDUCTION’’ and in- iconic to or essential to illustrating that laration regarding avian influenza viruses serting ‘‘PART’’; and community’s historic identity, that no other issued by the Secretary of Health and (2) by striking paragraph (4) and inserting property in that community with the same Human Services on January 26, 2007, pursu- the following: associative historic value has survived, and ant to section 319F–3(b) of such Act (42 U.S.C. ‘‘(4) ADDITIONAL AMOUNTS TO ELIMINATE RE- that sufficient historical documentation ex- 247d–6d(b)), $50,000,000, to remain available MAINDER OF FISCAL YEAR 2007 FUNDING SHORT- ists to ensure an accurate reproduction. until expended. FALLS.—

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‘‘(A) IN GENERAL.—The Secretary shall (B) by striking the period and inserting ‘‘; to remain available until September 30, 2011: allot to each remaining shortfall State de- and’’; and Provided, That such funds may be obligated scribed in subparagraph (B) such amount as (3) by adding at the end the following: and expended to carry out planning and de- the Secretary determines will eliminate the ‘‘(VI) after March 31, 2007, is 20 percent.’’. sign and military construction projects not estimated shortfall described in such sub- SEC. 2706. (a) For grant years beginning in otherwise authorized by law. paragraph for the State for fiscal year 2007. 2006–2007, the Secretary of Health and Human Of the funds appropriated for ‘‘Military ‘‘(B) REMAINING SHORTFALL STATE DE- Services may waive the requirements of, Construction, Air Force Reserve’’ under Pub- SCRIBED.—For purposes of subparagraph (A), with respect to Louisiana, Mississippi, Ala- lic Law 109–114, $3,096,000 are hereby re- a remaining shortfall State is a State with a bama, and Texas and any eligible metropoli- scinded. State child health plan approved under this tan area in Louisiana, Mississippi, Alabama, DEPARTMENT OF DEFENSE BASE CLOSURE title for which the Secretary estimates, on and Texas, the following sections of the Pub- ACCOUNT, 2005 lic Health Service Act: the basis of the most recent data available to For deposit into the Department of De- (1) Section 2612(e)(1) of such Act (42 U.S.C. the Secretary as of the date of the enact- fense Base Closure Account 2005, established 300ff–21(b)(1)). ment of this paragraph, that the projected by section 2906(a)(1) of the Defense Base Clo- (2) Section 2617(b)(7)(E) of such Act (42 federal expenditures under such plan for the sure and Realignment Act of 1990 (10 U.S.C. U.S.C. 300ff–27(b)(7)(E)). State for fiscal year 2007 will exceed the sum 2687 note), $3,136,802,000, to remain available (3) Section 2617(d) of such Act (42 U.S.C. of— until expended. ‘‘(i) the amount of the State’s allotments 300ff–27(d)), except that such waiver shall DEPARTMENT OF VETERANS AFFAIRS for each of fiscal years 2005 and 2006 that will apply so that the matching requirement is not be expended by the end of fiscal year reduced to $1 for each $4 of Federal funds VETERANS HEALTH ADMINISTRATION 2006; provided under the grant involved. MEDICAL SERVICES ‘‘(ii) the amount of the State’s allotment (b) If the Secretary of Health and Human For an additional amount for ‘‘Medical for fiscal year 2007; and Services grants a waiver under subsection Services’’, $454,131,000, to remain available ‘‘(iii) the amounts, if any, that are to be (b), the Secretary— until expended, of which $50,000,000 shall be redistributed to the State during fiscal year (1) may not prevent Louisiana, Mississippi, for the establishment of new Level I com- 2007 in accordance with paragraphs (1) and Alabama, and Texas or any eligible metro- prehensive polytrauma centers; $9,440,000 (2). politan area in Louisiana, Mississippi, Ala- shall be for the establishment of polytrauma ‘‘(C) APPROPRIATION; ALLOTMENT AUTHOR- bama, and Texas from receiving or utilizing, residential transitional rehabilitation pro- ITY.—For the purpose of providing additional or both, funds granted or distributed, or grams; $20,000,000 shall be for additional allotments to remaining shortfall States both, pursuant to title XXVI of the Public transition caseworkers; $30,000,000 shall be under this paragraph there is appropriated, Health Service Act (42 U.S.C. 300ff–11 et seq.) for substance abuse treatment programs; out of any funds in the Treasury not other- because of the failure of Louisiana, Mis- $20,000,000 for readjustment counseling; wise appropriated, such sums as are nec- sissippi, Alabama, and Texas or any eligible $10,000,000 shall be for blind rehabilitation essary for fiscal year 2007.’’. metropolitan area in Louisiana, Mississippi, services; $100,000,000 shall be for enhance- (b) CONFORMING AMENDMENTS.—Section Alabama, and Texas to comply with the re- ments to mental health services; $8,000,000 2104(h) of such Act (42 U.S.C. 1397dd(h)) (as so quirements of the sections listed in para- shall be for polytrauma support clinic teams; added), is amended— graphs (1) through (3) of subsection (a); $5,356,000 for additional polytrauma points of (1) in paragraph (1)(B), by striking ‘‘subject (2) may not take action due to such non- contacts; and $201,335,000 shall be for treat- to paragraph (4)(B) and’’; compliance; and ment of Operation Enduring Freedom and (2) in paragraph (2)(B), by striking ‘‘subject (3) shall assess, evaluate, and review Lou- Operation Iraqi Freedom veterans. isiana, Mississippi, Alabama, and Texas or to paragraph (4)(B) and’’; MEDICAL ADMINISTRATION (3) in paragraph (5)(A), by striking ‘‘and any eligible metropolitan area’s eligibility For an additional amount for ‘‘Medical Ad- (3)’’ and inserting ‘‘(3), and (4)’’; and for funds under such title XXVI as if Lou- ministration’’, $250,000,000, to remain avail- (4) in paragraph (6)— isiana, Mississippi, Alabama, and Texas or able until expended. (A) in the first sentencel such eligible metropolitan area had fully (i) by inserting ‘‘or allotted’’ after ‘‘redis- complied with the requirements of the sec- MEDICAL FACILITIES tributed’’; and tions listed in paragraphs (1) through (3) of For an additional amount for ‘‘Medical Fa- (ii) by inserting ‘‘or allotments’’ after ‘‘re- subsection (a). cilities’’, $595,000,000, to remain available distributions’’; and (c) For grant years beginning in 2008, Lou- until expended, of which $45,000,000 shall be (B) by striking ‘‘and (3)’’ and inserting ‘‘(3), isiana, Mississippi, Alabama, and Texas and used for facility and equipment upgrades at and (4)’’. any eligible metropolitan area in Louisiana, the Department of Veterans Affairs (c) GENERAL EFFECTIVE DATE; APPLICA- Mississippi, Alabama, and Texas shall com- polytrauma rehabilitation centers and the BILITY.—Except as otherwise provided, the ply with each of the applicable requirements polytrauma network sites; and $550,000,000 amendments made by this section take ef- under title XXVI of the Public Health Serv- shall be for non-recurring maintenance as fect on the date of enactment of this Act and ice Act (42 U.S.C. 300ff–11 et seq.). identified in the Department of Veterans Af- apply without fiscal year limitation. CHAPTER 8 fairs Facility Condition Assessment report: SEC. 2705. Notwithstanding any other pro- LEGISLATIVE BRANCH Provided, That the amount provided under vision of law, the Secretary of Health and ARCHITECT OF THE CAPITOL this heading for non-recurring maintenance Human Services shall not, prior to the date shall be allocated in a manner outside of the CAPITOL POWER PLANT that is 2 years after the date of enactment of Veterans Equitable Resource Allocation and For an additional amount for ‘‘Capitol this Act, take any action to finalize, or oth- specific to the needs and geographic distribu- Power Plant’’, $25,000,000, for emergency util- erwise implement provisions— tion of Operation Enduring Freedom and Op- ity tunnel repairs and asbestos abatement, (1) contained in the proposed rule pub- eration Iraqi Freedom veterans: Provided fur- to remain available until September 30, 2011: lished on January 18, 2007, on pages 2236 ther, That within 30 days of enactment of Provided, That the Architect of the Capitol through 2258 of volume 72, Federal Register this Act the Secretary shall submit to the may not obligate any of the funds appro- (relating to parts 433, 447, and 457 of title 42, Committees on Appropriations of both priated under this heading without approval Code of Federal Regulations) or any other Houses of Congress an expenditure plan for of an obligation plan by the Committees on rule that would affect the Medicaid program non-recurring maintenance prior to obliga- Appropriations of the Senate and House of established under title XIX of the Social Se- tion. Representatives. curity Act or the State Children’s Health In- MEDICAL AND PROSTHETIC RESEARCH GOVERNMENT ACCOUNTABILITY OFFICE surance Program established under title XXI For an additional amount for ‘‘Medical and SALARIES AND EXPENSES of such Act in a similar manner; or Prosthetic Research’’, $30,000,000, to remain (2) restricting payments for graduate med- For an additional amount for ‘‘Salaries available until expended, which shall be used ical education under the Medicaid program. and Expenses’’ of the Government Account- for research related to the unique medical (b) INCREASE IN BASIC REBATE FOR SINGLE ability Office, $374,000, to remain available needs of returning Operation Enduring Free- SOURCE DRUGS AND INNOVATOR MULTIPLE until expended. dom and Operation Iraqi Freedom veterans. SOURCE DRUGS.—Section 1927(c)(1)(B)(i) of CHAPTER 9 DEPARTMENTAL ADMINISTRATION the Social Security Act (42 U.S.C. 1396r– DEPARTMENT OF DEFENSE 8(c)(1)(B)(i)) is amended— GENERAL OPERATING EXPENSES MILITARY CONSTRUCTION (1) in subclause (IV), by striking ‘‘and’’ For an additional amount for ‘‘General Op- after the semicolon; MILITARY CONSTRUCTION, AIR FORCE RESERVE erating Expenses’’, $46,000,000, to remain (2) in subclause (V)— (INCLUDING RESCISSION OF FUNDS) available until expended, for the hiring and (A) by inserting ‘‘and before April 1, 2007,’’ For an additional amount for ‘‘Military training of new pension and compensation after ‘‘1995,’’; and Construction, Air Force Reserve’’, $3,096,000, claims processing personnel.

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INFORMATION TECHNOLOGY SYSTEMS SEC. 2903. The Director of the Congres- applying the 2007 Annual Adjustment Factor For an additional amount for ‘‘Information sional Budget Office shall, not later than No- and making any other specified adjustments, Technology Systems’’, $36,100,000, to remain vember 15, 2007, submit to the Committees public housing agencies that are eligible for available until expended, of which $20,000,000 on Appropriations of the House of Represent- assistance under section 901 in Public Law shall be for information technology support atives and the Senate a report projecting ap- 109–148 (119 Stat. 2781) shall receive funding and improvements for processing of OIF/OEF propriations necessary for the Departments for calendar year 2007 based on the amount veterans benefits claims, including making of Defense and Veterans Affairs to continue such public housing agencies were eligible to electronic DOD medical records available for providing necessary health care to veterans receive in calendar year 2006’’. claims processing and enabling electronic of the conflicts in Iraq and Afghanistan. The TITLE III projections should span several scenarios for benefits applications by veterans; $1,000,000 OTHER MATTERS shall be for the digitization of benefits the duration and number of forces deployed CHAPTER 1 records; and $15,100,000 shall be for electronic in Iraq and Afghanistan, and more generally, data breach and remediation and prevention. for the long-term health care needs of de- DEPARTMENT OF AGRICULTURE ployed troops engaged in the global war on CONSTRUCTION, MINOR PROJECTS FARM SERVICE AGENCY terrorism over the next ten years. For an additional amount for ‘‘Construc- SALARIES AND EXPENSES tion, Minor Projects’’, $355,907,000, to remain CHAPTER 10 For an additional amount for ‘‘Salaries available until expended, of which $36,000,000 DEPARTMENT OF TRANSPORTATION and Expenses’’ of the Farm Service Agency, shall be for construction costs associated FEDERAL HIGHWAY ADMINISTRATION $75,000,000, to remain available until ex- with the establishment of polytrauma resi- FEDERAL-AID HIGHWAYS pended: Provided, That this amount shall dential transitional rehabilitation programs. EMERGENCY RELIEF PROGRAM only be available for the modernization and repair of the computer systems used by the GENERAL PROVISIONS—THIS CHAPTER (INCLUDING RESCISSION OF FUNDS) Farm Service Agency (including all soft- SEC. 2901. (a) Notwithstanding any other For an additional amount for the Emer- provision of law, none of the funds in this or ware, hardware, and personnel required for gency Relief Program as authorized under modernization and repair): Provided further, any other Act shall be used to downsize staff section 125 of title 23, United States Code, or to close, realign or phase out essential That of this amount $27,000,000 shall be made $388,903,000, to remain available until ex- available 60 days after the date on which the services at Walter Reed Army Medical Cen- pended: Provided, That of the unobligated ter until equivalent medical facilities at the Farm Service Agency submits to the Com- balances of funds apportioned to each State mittee on Appropriations of the Senate, the Walter Reed National Military Medical Cen- under chapter 1 of title 23, United States ter at Naval Medical Center, Bethesda, Committee on Appropriations of the House Code, $388,903,000 are rescinded: Provided fur- of Representatives, and the Government Ac- Maryland, and/or the Fort Belvoir, Virginia, ther, That such rescission shall not apply to Community Hospital have been constructed countability Office a spending plan for the the funds distributed in accordance with sec- funds. and equipped, and until the Secretary of De- tions 130(f) and 104(b)(5) of title 23, United GENERAL PROVISIONS—THIS CHAPTER fense has certified in writing to the Congress States Code; sections 133(d)(1) and 163 of such that: title, as in effect on the day before the date (RESCISSION) (1) the new facilities at Walter Reed Na- of enactment of Public Law 109–59; and the SEC. 3101. Of the unobligated balances of tional Military Medical Center at Bethesda first sentence of section 133(d)(3)(A) of such funds made available pursuant to section and/or the Fort Belvoir Community Hospital title: Provided further, That section 4103 of 298(a) of the Trade Act of 1974 (19 U.S.C. are complete and fully operational, and title III of this Act shall not apply to the 2401G(a)), $75,000,000 are rescinded. (2) replacement medical facilities at Wal- first proviso under this paragraph. SEC. 3102. (a) Section 1237A(f) of the Food ter Reed National Military Medical Center FEDERAL TRANSIT ADMINISTRATION Security Act of 1985 (16 U.S.C. 3837a(f)) is at Bethesda have adequate capacity to meet amended in the first sentence by striking FORMULA GRANTS both the existing and projected demand for ‘‘fair market value of the land less the fair complex medical care and services, including For an additional amount to be allocated market value of such land encumbered by outpatient and medical hold facilities, for by the Secretary to recipients of assistance the easement’’ and inserting ‘‘fair market combat veterans and other military per- under chapter 53 of title 49, United States value of the land as determined in accord- sonnel. Code, directly affected by Hurricanes ance with the method of valuation used by (b) Not later than 30 days after enactment Katrina and Rita, $75,000,000, for the oper- the Secretary as of January 1, 2003’’. of this Act, the Secretary of Defense shall ating and capital costs of transit services, to (b) Section 1238I(c)(1) of the Food Security provide to the Committees on Appropria- remain available until expended: Provided, Act of 1985 (16 U.S.C. 3838i(c)(1)) is amended tions of the Senate and House of Representa- That the Federal share for any project fund- by inserting at the end the following: tives a report and proposed timetable out- ed from this amount shall be 100 percent. ‘‘(C) VALUATION.—The Secretary shall de- lining the Department’s plan to transition DEPARTMENT OF HOUSING AND URBAN termine fair market value under this para- patients, staff and medical services to the DEVELOPMENT graph in accordance with the method of new facilities at Bethesda and Fort Belvoir OFFICE OF INSPECTOR GENERAL valuation used by the Secretary as of Janu- without compromising patient care, staffing For an additional amount for the Office of ary 1, 2003.’’. requirements or facility maintenance at the Inspector General, for the necessary costs re- SEC. 3103. Subsection (b)(1) of section 313A Walter Reed Medical Center. lated to the consequences of Hurricanes of the Rural Electrification Act shall not (c) To ensure that the quality of care pro- apply in the case of a cooperative lender that vided by the Military Health System is not Katrina and Rita, $5,000,000, to remain avail- able until expended. has previously received a guarantee under diminished during this transition, the Walter section 313A and such additional guarantees GENERAL PROVISIONS—THIS CHAPTER Reed Army Medical Center shall be ade- shall not exceed the amount provided for in quately funded, to include necessary renova- SEC. 3001. Notwithstanding part 750 of title Public Law 110–5. tion and maintenance of existing facilities, 23, Code of Federal Regulations (or a suc- CHAPTER 2 to continue the maximum level of inpatient cessor regulation), if permitted by State law, and outpatient services. a nonconforming sign that is or has been GENERAL PROVISIONS—THIS CHAPTER SEC. 2902. Within existing funds appro- damaged, destroyed, abandoned, or discon- SEC. 3201. Section 20314 of the Continuing priated to Departmental Administration, tinued as a result of a hurricane that is de- Appropriations Resolution, 2007 (division B General Operating Expenses for fiscal year termined to be an act of God (as defined by of Public Law 109–289, as amended by Public 2007, and within 30 days after enactment of State law) may be repaired, replaced, or re- Law 110–5) is amended by striking ‘‘Re- this Act, the Department of Veterans Affairs constructed if the replacement sign has the sources.’’ and inserting in lieu thereof: ‘‘Re- shall contract with the National Academy of same dimensions as the original sign, and sources: Provided, That $22,762,000 of the Public Administration for the purpose of said sign is located within a State found amount provided be for geothermal research conducting an independent study and anal- within Federal Emergency Management and development activities.’’. ysis of the organizational structure, manage- Agency Region IV or VI. The provisions of SEC. 3202. Hereafter, federal employees at ment and coordination processes, including this section shall cease to be in effect twen- the National Energy Technology Laboratory Seamless Transition, utilized by the Depart- ty-four months following the date of enact- shall be classified as inherently govern- ment of Veterans affairs to: ment of this Act. mental for the purpose of the Federal Activi- (1) provide health care to active duty and SEC. 3002. Section 21033 of the Continuing ties Inventory Reform Act of 1998 (31 U.S.C. veterans of Operation Enduring Freedom and Appropriations Resolution, 2007 (division B 501 note). Operation Iraqi Freedom; and of Public Law 109–289, as amended by Public SEC. 3203. PROHIBITION ON CERTAIN USES OF (2) provide benefits to veterans of Oper- Law 110–5) is amended by adding after the FUNDS BY BPA. None of the funds made ation Enduring Freedom and Operation Iraqi third proviso: ‘‘: Provided further, That not- available under this or any other Act shall Freedom. withstanding the previous proviso, except for be used during fiscal year 2007 to make, or

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plan or prepare to make, any payment on SEC. 3306. Notwithstanding the notice re- Improvement in the District of Columbia’ bonds issued by the Administrator of the quirement of the Transportation, Treasury, shall be available in accordance with an ex- Bonneville Power Administration (referred Housing and Urban Development, the Judici- penditure plan submitted by the Mayor of in this section as the ‘‘Administrator’’) or ary, the District of Columbia, and Inde- the District of Columbia not later than 60 for an appropriated Federal Columbia River pendent Agencies Appropriations Act, 2006, days after the enactment of this section Power System investment, if the payment is 119 Stat. 2509 (Public Law 109–115), as contin- which details the activities to be carried out both— ued in section 104 of the Continuing Appro- with such Federal Payment.’’. (1) greater, during any fiscal year, than the priations Resolution, 2007 (Public Law 110–5), CHAPTER 4 payments calculated in the rate hearing of the District of Columbia Courts may reallo- GENERAL PROVISIONS—THIS CHAPTER the Administrator to be made during that cate not more than $1,000,000 of the funds SEC. 3401. Any unobligated balances re- fiscal year using the repayment method used provided for fiscal year 2007 under the Fed- maining from prior appropriations for United to establish the rates of the Administrator eral Payment to the District of Columbia States Coast Guard, ‘‘Retired Pay’’ shall re- as in effect on October 1, 2006; and Courts for facilities among the items and en- main available until expended in the account (2) based or conditioned on the actual or tities funded under that heading for oper- and for the purposes for which the appropria- expected net secondary power sales receipts ations. tions were provided, including the payment of the Administrator. SEC. 3307. (a) Not later than 90 days after of obligations otherwise chargeable to lapsed the date of enactment of this Act, the Sec- CHAPTER 3 or current appropriations for this purpose. GENERAL PROVISIONS—THIS CHAPTER retary of the Treasury, in coordination with SEC. 3402. INTEGRATED DEEPWATER SYSTEM. the Securities and Exchange Commission SEC. 3301. The structure of any of the of- (a) COMPETITION FOR ACQUISITION AND MODI- and in consultation with the Departments of fices or components within the Office of Na- FICATION OF ASSETS.— State and Energy, shall prepare and submit tional Drug Control Policy shall remain as (1) IN GENERAL.—The Commandant of the to the Senate Committee on Appropriations, they were on October 1, 2006. None of the Coast Guard shall utilize full and open com- the House of Representatives Committee on funds appropriated or otherwise made avail- petition for any contract entered into after Appropriations, the Senate Foreign Rela- able in the Continuing Appropriations Reso- the date of enactment of this Act that pro- tions Committee, and the House Foreign Af- lution, 2007 (Public Law 110–5) may be used vides for the acquisition or modification of fairs Committee an unclassified report, suit- to implement a reorganization of offices assets under, or in support of, the Integrated able to be made public, that contains the within the Office of National Drug Control Deepwater System Program of the Coast names of (1) all companies trading in securi- Policy without the explicit approval of the Guard. ties that are registered under section 12 of Committees on Appropriations of the House (2) EXCEPTIONS.—Paragraph (1) shall not the Securities Exchange Act of 1934 (15 of Representatives and the Senate. apply to the following: SEC. 3302. Funds made available in section U.S.C. 781) which either directly or through (A) The acquisition or modification of the 21075 of the Continuing Appropriations Reso- a parent or subsidiary company, including following asset classes for which assets of lution, 2007 (Public Law 110–5) shall be made partly-owned subsidiaries, conduct business the class and related systems and compo- available to a 501(c)(3) entity: (1) with a wide operations in Sudan relating to natural re- nents under the Integrated Deepwater Sys- anti-drug coalition network and membership source extraction, including oil-related ac- tem are under a contract for production: base, and one with a demonstrated track tivities and mining of minerals; and (2) the (i) National Security Cutter; record and specific expertise in providing names of all other companies, which either (ii) Maritime Patrol Aircraft; technical assistance, training, evaluation, directly or through a parent or subsidiary (iii) Deepwater Command, Control, Com- research, and capacity building to commu- company, including partly-owned subsidi- munications, Computer, Intelligence, Sur- nity anti-drug coalitions; (2) with authoriza- aries, conduct business operations in Sudan veillance, and Reconnaissance (C4ISR) Sys- tion from Congress, both prior to fiscal year relating to natural resource extraction, in- tem; and 2007, and in fiscal years 2008 through 2012, to cluding oil-related activities and mining of (iv) HC–130J Fleet Introduction. perform the duties described in subsection minerals. The reporting provision shall not (B) The modification of any legacy asset (1) of this section; and (3) that has previously apply to companies operating under licenses class under the Integrated Deepwater Sys- received funding from Congress, including from the Office of Foreign Assets Control or tem Program being performed by a Coast through a competitive process as well as di- otherwise expressly exempted under United Guard entity. rect funding, for providing the duties de- States law from having to obtain such li- (b) CHAIR OF PRODUCT AND OVERSIGHT scribed in subsection (1) of this section: Pro- censes in order to operate in Sudan. TEAMS.—The Commandant of the Coast vided, That funds appropriated in section (b) Not later than 20 days after enactment, Guard shall assign an appropriate officer or 21075 shall be obligated within sixty days the Secretary of the Treasury shall inform employee of the Coast Guard to act as chair after enactment of this Act. the aforementioned committees of Congress of each of the following: SEC. 3303. Funds made available under sec- of any statutory or other legal impediments (1) Each integrated product team under the tion 613 of Public Law 109–108 (119 Stat. 2338) to the successful completion of this report. Integrated Deepwater System Program. for Nevada’s Commission on Economic De- (c) Not later than 45 days following the (2) Each higher-level team assigned to the velopment shall be made available to the Ne- submission to Congress of the list of compa- oversight of a product team referred to in vada Center for Entrepreneurship and Tech- nies conducting business operations in Sudan paragraph (1). nology (CET). relating to natural resource extraction re- (c) LIFE-CYCLE COST ESTIMATE.—The Com- SEC. 3304. From the amount provided by quired above, the General Services Adminis- mandant of the Coast Guard may not enter section 21067 of the Continuing Appropria- tration shall determine whether the United into a contract for lead asset production tions Resolution, 2007 (Public Law 110–5), the States Government has an active contract under the Integrated Deepwater System Pro- National Archives and Records Administra- for the procurement of goods or services with gram until the Commandant obtains an inde- tion may obligate monies necessary to carry any of the identified companies, and provide pendent estimate of life-cycle costs of the out the activities of the Public Interest De- notification to the appropriate committees asset concerned. classification Board. of Congress of the companies, nature of the (d) REVIEW OF ACQUISITIONS AND MAJOR DE- SEC. 3305. None of the funds appropriated contract, and dollar amounts involved. SIGN CHANGES.— or otherwise made available in section 21063 (INCLUDING RESCISSION) (1) IN GENERAL.—With the exception of as- of the Continuing Appropriations Resolu- SEC. 3308. (a) Of the funds provided for the sets covered under (a)(2) of this section, the tion, 2007 (Public Law 110–5) for the ‘‘General General Services Administration, ‘‘Office of Commandant of the Coast Guard may not Services Administration, Real Property Ac- Inspector General’’ in section 21061 of the carry out an action described in paragraph tivities, Federal Buildings Fund’’, may be Continuing Appropriations Resolution, 2007 (2) unless an independent third party with no obligated for design, construction, or acqui- (division B of Public Law 109–289, as amended financial interest in the development, con- sition until the House and Senate Commit- by Public Law 110–5), $8,000,000 are rescinded. struction, or modification of any component tees on Appropriations approve a revised de- (b) For an additional amount for the Gen- of the Integrated Deepwater System Pro- tailed plan, by project, on the use of such eral Services Administration, ‘‘Office of In- gram, selected by the Commandant for pur- funds: Provided, That the new plan shall in- spector General’’, $8,000,000, to remain avail- poses of the subsection, determines that such clude funding for completion of courthouse able until September 30, 2008. action is advisable. construction projects which received funding SEC. 3309. Section 21073 of the Continuing (2) COVERED ACTIONS.—The actions de- in fiscal year 2006 above a level of $5,000,000: Appropriations Resolution, 2007 (Public Law scribed in the paragraph are as follows: Provided further, That such plan shall be pro- 110–5) is amended by adding a new subsection (A) The acquisition or modification of an vided by the Administrator of the General (j) as follows: asset under the Integrated Deepwater Sys- Services Administration to the House of ‘‘(j) Notwithstanding section 101, any ap- tem Program. Representatives and the Senate Committees propriation or funds made available to the (B) The implementation of a major design on Appropriations within seven days of en- District of Columbia pursuant to this divi- change for an asset under the Integrated actment. sion for ‘Federal Payment for Foster Care Deepwater System Program.

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(e) LINKING OF AWARD FEES TO SUCCESSFUL SEC. 3502. Section 20512 of the Continuing (3) amending subparagraph (C) to read as ACQUISITION OUTCOMES.—The Commandant of Appropriations Resolution, 2007 (division B follows: the Coast Guard shall require that all con- of Public Law 109–289, as amended by Public ‘‘(C) not to exceed $2,352,000 may be avail- tracts under the Integrated Deepwater Sys- Law 110–5) is amended by inserting after the able for section 1608 of the ESEA and for a tem Program that provide award fees link first dollar amount: ‘‘, of which not to exceed clearinghouse on comprehensive school re- such fees to successful acquisition outcomes $7,300,000 shall be transferred to the ‘Indian form under part D of title V of the ESEA;’’. (which shall be defined in terms of cost, Health Facilities’ account; the amount in SEC. 3603. (a) From the amounts available schedule, and performance). the second proviso shall be $18,000,000; the for Department of Education, Safe Schools (f) CONTRACTUAL AGREEMENTS.— amount in the third proviso shall be and Citizenship Education as provided by the (1) IN GENERAL.—The Commandant of the $525,099,000; the amount in the ninth proviso Continuing Appropriations Resolution, 2007, Coast Guard may not award or issue any con- shall be $269,730,000; and the $15,000,000 allo- $321,500,000 shall be available for Safe and tract, task or delivery order, letter contract cation of funding under the eleventh proviso Drug-Free Schools State Grants and modification thereof, or other similar con- shall not be required’’. $247,335,000 shall be available for Safe and tract, for the acquisition or modification of SEC. 3503. Section 20501 of the Continuing Drug-Free Schools National Programs. an asset under the Integrated Deepwater Appropriations Resolution, 2007 (division B (b) Of the amount available for Safe and System Program unless the Coast Guard and of Public Law 109–289, as amended by Public Drug-Free National Programs, not less than the contractor concerned have formally Law 110–5) is amended by inserting after $25,000,000 shall be for competitive grants to agreed to all terms and conditions. $55,663,000: ‘‘of which $13,000,000 shall be for local educational agencies to address youth (2) EXCEPTION.—A contract, task or deliv- Save America’s Treasures’’. violence and related issues. ery order, letter contract, modification SEC. 3504. Of the funds made available to (c) The competition under subsection (b) thereof, or other similar contract described the United States Fish and Wildlife Service shall be limited to local educational agencies in paragraph (1) may be awarded or issued if for fiscal year 2007 under the heading ‘‘Land that operate schools currently identified as the head of contracting activity of the Coast Acquisition’’, not to exceed $1,980,000 may be persistently dangerous under section 9532 of Guard determines that a compelling need ex- used for land conservation partnerships au- the Elementary and Secondary Education ists for the award or issue of such instru- thorized by the Highlands Conservation Act Act of 1965. ment. of 2004. SEC. 3604. The provision in the first proviso (g) DESIGNATION OF TECHNICAL AUTHOR- SEC. 3505. The Administrator of the Envi- under the heading ‘‘Rehabilitation Services ITY.—The Commandant of the Coast Guard ronmental Protection Agency shall grant to and Disability Research’’ in the Department shall designate the Assistant Commandant the Water Environment Research Founda- of Education Appropriations Act, 2006, relat- of the Coast Guard for Engineering and Lo- tion (WERF) such sums as were directed in ing to alternative financing programs under gistics as the technical authority for all en- fiscal year 2005 and fiscal year 2006 for the section 4(b)(2)(D) of the Assistive Technology gineering, design, and logistics decisions per- On-Farm Assessment and Environmental Re- Act of 1998 shall not apply to funds appro- taining to the Integrated Deepwater System view program: Provided, That not less than 95 priated by the Continuing Appropriations Program. percent of funds made available shall be used Resolution, 2007. (h) REPORT ON PERSONNEL REQUIRED FOR by WERF to award competitively a contract (TRANSFER OF FUNDS) ACQUISITION MANAGEMENT.—Not later than 30 to perform the program’s environmental as- days after the date of the enactment of this sessments: Provided further, That WERF SEC. 3605. Notwithstanding sections 20639 Act, the Commandant of the Coast Guard shall not retain more than 5 percent of such and 20640 of the Continuing Appropriations shall submit to the Committees on Appro- sums for administrative expenses. Resolution, 2007, as amended by section 2 of priations of the Senate and the House of the Revised Continuing Appropriations Reso- CHAPTER 6 Representatives; the Committee on Com- lution, 2007 (Public Law 110–5), the Chief Ex- merce, Science and Transportation of the DEPARTMENT OF HEALTH AND HUMAN ecutive Officer of the Corporation for Na- Senate; and the Committee on Transpor- SERVICES tional and Community Service may transfer tation and Infrastructure of the House of NATIONAL INSTITUTES OF HEALTH an amount of not more than $1,360,000 from Representatives a report on the resources NATIONAL INSTITUTE OF ALLERGY AND the account under the heading ‘‘National and (including training, staff, and expertise) re- INFECTIOUS DISEASES Community Service Programs, Operating Expenses’’ under the heading ‘‘Corporation quired by the Coast Guard to provide appro- (TRANSFER OF FUNDS) priate management and oversight of the In- for National and Community Service’’, to tegrated Deepwater System Program. Of the amount provided by the Continuing the account under the heading ‘‘Salaries and (i) COMPTROLLER GENERAL REPORT ON Appropriations Resolution, 2007 for ‘‘Na- Expenses’’ under the heading ‘‘Corporation PROGRESS.—Not later than 60 days after the tional Institute of Allergy and Infectious for National and Community Service’’. date of enactment of this Act, the Comp- Diseases’’, $49,500,000 shall be transferred to SEC. 3606. Section 1310.12(a) of title 45 of troller General of the United States shall ‘‘Public Health and Social Services Emer- the Code of Federal Regulations (October 1, submit to the Committees on Appropriations gency Fund’’ to carry out activities relating 2004) shall be effective 30 days after enact- of the Senate and the House of Representa- to advanced research and development as ment of this Act except that any vehicles in tives; the Committee on Commerce, Science provided by section 319L of the Public Health use to transport Head Start children as of and Transportation of the Senate; and the Service Act. January 1, 2007, shall not be subject to a re- Committee on Transportation and Infra- GENERAL PROVISIONS—THIS CHAPTER quirement under that part regarding rear structure of the House of Representatives a (TRANSFER OF FUNDS) emergency exit doors for two years after the report describing and assessing the progress date of enactment. SEC. 3601. Section 20602 of the Continuing The Secretary of Health and Human Serv- of the Coast Guard in complying with the re- Appropriations Resolution, 2007 (division B ices shall revise the allowable alternate ve- quirements of this section. of Public Law 109–289, as amended by Public SEC. 3403. None of the funds provided in hicle standards described in that part 1310 Law 110–5) is amended by inserting the fol- this Act or any other Act may be used to (or any corresponding similar regulation or lowing after ‘‘$5,000,000’’: ‘‘(together with an alter or reduce operations within the Civil ruling) to exempt from Federal seat spacing additional $7,000,000 which shall be trans- Engineering Program of the Coast Guard na- requirements and supporting seating require- ferred by the Pension Benefit Guaranty Cor- tionwide, including the civil engineering ments related to compartmentalization any poration as an authorized administrative units, facilities, design and construction cen- vehicle used to transport children for a Head cost)’’. ters, maintenance and logistics command Start program if the vehicle meets federal SEC. 3602. Section 20625(b)(1) of the Con- centers, the Coast Guard Academy and the motor vehicle safety standards for seating tinuing Appropriations Resolution, 2007 (di- Coast Guard Research and Development Cen- systems, occupant crash protection, seat belt vision B of Public Law 109–289, as amended ter, except as specifically authorized by a assemblies, and child restraint anchorage by Public Law 110–5) is amended by— statute enacted after the date of enactment systems consistent with that part 1310 (or (1) striking ‘‘$7,172,994,000’’ and inserting of this Act. any corresponding similar regulation or rul- ‘‘$7,176,431,000’’; ing). Such revision shall be made in a man- CHAPTER 5 (2) amending subparagraph (A) to read as ner consistent with the findings of the Na- GENERAL PROVISIONS—THIS CHAPTER follows: tional Highway Traffic Safety Administra- SEC. 3501. Section 20515 of the Continuing ‘‘(A) $5,454,824,000 shall be for basic grants tion, pursuant to its study on occupant pro- Appropriations Resolution, 2007 (division B under section 1124 of the Elementary and tection on Head Start transit vehicles, re- of Public Law 109–289, as amended by Public Secondary Education Act of 1965 (ESEA), of lated to the Government Accountability Of- Law 110–5) is amended by inserting before which up to $3,437,000 shall be available to fice report GAO–06–767R. the period: ‘‘; and of which, not to exceed the Secretary of Education on October 1, $143,628,000 shall be available for contract 2006, to obtain annually updated educational- (INCLUDING RESCISSION) support costs under the terms and conditions agency-level census poverty data from the SEC. 3607. (a) From the amounts made contained in Public Law 109–54’’. Bureau of the Census;’’; and available by the Continuing Appropriations

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00050 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7619 Resolution, 2007 (Public Law 109–289, as $3,500,000, to remain available until Sep- the general fund of the Treasury to the ex- amended by the Revised Continuing Appro- tember 30, 2008. tent necessary to incur obligations and make priations Resolution, 2007 (Public Law 110–5)) CHAPTER 8 expenditures pending the receipt of collec- for the Office of the Secretary, General De- GENERAL PROVISION—THIS CHAPTER tions to the Fund: Provided further, That the partmental Management under the Depart- general fund amount shall be reduced as col- ment of Health and Human Services, SEC. 3801. Notwithstanding any other pro- lections are received during the fiscal year $1,000,000 are rescinded. vision of law, appropriations made by Public so as to result in a final appropriation from (b) For the activities carried out by the Law 110–5, or any other Act, which the Sec- the general fund estimated at not more than Secretary of Education under section 3(a) of retary of Veterans Affairs contributes to the $0. Department of Defense/Department of Vet- Public Law 108–406 (42 U.S.C. 15001 note), GENERAL PROVISIONS—THIS CHAPTER $1,000,000. erans Affairs Health Care Sharing Incentive SEC. 4001. Hereafter, funds limited or ap- (INCLUDING RESCISSION) Fund under the authority of section 8111(d) of title 38, United States Code, shall remain propriated for the Department of Transpor- SEC. 3608. (a) From the amounts made available until expended for any purpose au- tation may be obligated or expended to grant available by the Continuing Appropriations authority to a Mexican motor carrier to op- Resolution, 2007 for ‘‘Department of Edu- thorized by section 8111 of title 38, United States Code. erate beyond United States municipalities cation, Student Aid Administration’’, and commercial zones on the United States- $2,000,000 are rescinded. CHAPTER 9 Mexico border only to the extent that— (b) For an additional amount for ‘‘Depart- GENERAL PROVISIONS—THIS CHAPTER (1) granting such authority is first tested ment of Education, Higher Education’’ under CONSULTATION REQUIREMENT as part of a pilot program; part B of title VII of the Higher Education (2) such pilot program complies with the Act of 1965 which shall be used to make a SEC. 3901. Of the funds provided in the Re- requirements of section 350 of Public Law grant to the University of Vermont for the vised Continuing Appropriations Resolution, 107–87 and the requirements of section Educational Excellence Program, $2,000,000. 2007 (Public Law 110–5) for the United States- 31315(c) of title 49, United States Code, re- SEC. 3609. Section 1820 of the Social Secu- China Economic and Security Review Com- rity Act (42 U.S.C. 1395i–4) is amended— mission, $1,000,000 shall be available for obli- lated to pilot programs; and (1) by redesignating subsection (j) as sub- gation only in accordance with a spending (3) simultaneous and comparable authority section (k); and plan submitted to and approved by the Com- to operate within Mexico is made available (2) by inserting after subsection (i) the fol- mittees on Appropriations which addresses to motor carriers domiciled in the United lowing new subsection: the recommendations of the Government Ac- States. SEC. 4002. Section 21033 of the Continuing ‘‘(j) DELTA HEALTH INITIATIVE.— countability Office’s audit of the Commis- Appropriations Resolution, 2007 (division B ‘‘(1) IN GENERAL.—The Secretary is author- sion. of Public Law 109–289, as amended by Public ized to award a grant to the Delta Health Al- TECHNICAL AMENDMENT liance, a nonprofit alliance of academic in- Law 110–5) is amended by adding after the SEC. 3902. (a) Notwithstanding any other second proviso: ‘‘: Provided further, That stitutions in the Mississippi Delta region, to provision of law, subsection (c) under the solicit and fund proposals from local govern- paragraph (2) under such heading in Public heading ‘‘Assistance for the Independent Law 109–115 (119 Stat. 2441) shall be funded at ments, hospitals, health care clinics, aca- States of the Former Soviet Union’’ in Pub- demic institutions, and rural public health- $149,300,000, but additional section 8 tenant lic Law 109–102, shall not apply to funds ap- protection rental assistance costs may be related entities and organizations for re- propriated by the Continuing Appropriations search development, educational programs, funded in 2007 by using unobligated balances, Resolution, 2007 (Public Law 109–289, division notwithstanding the purposes for which such health care services, job training, planning, B) as amended by Public Laws 109–369, 109– construction, and the equipment of public amounts were appropriated, including recap- 383, and 110–5. tures and carryover, remaining from funds health-related facilities in the Mississippi (b) Section 534(k) of the Foreign Oper- Delta region. appropriated to the Department of Housing ations, Export Financing, and Related Pro- and Urban Development under this heading, ‘‘(2) FEDERAL INTEREST IN PROPERTY.—With grams Appropriations Act, 2006 (Public Law respect to funds used under this subsection the heading ‘‘Annual Contributions for As- 109–102) is amended, in the second proviso, by sisted Housing’’, the heading ‘‘Housing Cer- for construction or alteration of property, inserting after ‘‘subsection (b) of that sec- the Federal interest in the property shall tificate Fund’’, and the heading ‘‘Project- tion’’ the following: ‘‘and the requirement Based Rental Assistance’’ for fiscal year 2006 last for a period of 1 year following comple- that a majority of the members of the board tion or until the Federal Government is com- and prior fiscal years: Provided further, That of directors be United States citizens pro- paragraph (3) under such heading in Public pensated for its proportionate interest in the vided in subsection (d)(3)(B) of that section’’. property if the property use changes or the Law 109–115 (119 Stat. 2441) shall be funded at (c) Subject to section 101(c)(2) of the Con- $47,500,000: Provided further, That paragraph property is transferred or sold, whichever tinuing Appropriations Resolution, 2007 (di- time period is less. At the conclusion of such (4) under such heading in Public Law 109–115 vision B of Public Law 109–289, as amended (119 Stat. 2441) shall be funded at $5,900,000: period, the Notice of Federal Interest in such by Public Law 110–5), the amount of funds property shall be removed. Provided further, That paragraph (5) under appropriated for ‘‘Foreign Military Financ- such heading in Public Law 109–115 (119 Stat. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ing Program’’ pursuant to such Resolution 2441) shall be funded at $1,281,100,000, of There are authorized to be appropriated such shall be construed to be the total of the sums as may be necessary to carry out this which $1,251,100,000 shall be allocated for the amount appropriated for such program by calendar year 2007 funding cycle on a pro subsection in fiscal year 2007 and in each of section 20401 of that Resolution and the the five succeeding fiscal years.’’. rata basis to public housing agencies based amount made available for such program by on the amount public housing agencies were CHAPTER 7 section 591 of the Foreign Operations, Export eligible to receive in calendar year 2006, and GENERAL PROVISIONS—THIS CHAPTER Financing, and Related Programs Appropria- of which up to $30,000,000 shall be available SEC. 3701. Section 2(c) of the Legislative tions Act, 2006 (Public Law 109–102) which is to the Secretary to allocate to public hous- Branch Appropriations Act, 1993 (2 U.S.C. made applicable to the fiscal year 2007 by the ing agencies that need additional funds to 121d(c)) is amended by adding at the end the provisions of such Resolution. administer their section 8 programs, with up following: CHAPTER 10 to $20,000,000 to be for fees associated with ‘‘(3) The Secretary of the Senate may DEPARTMENT OF HOUSING AND URBAN section 8 tenant protection rental assist- transfer from the fund to the Senate Em- DEVELOPMENT ance’’. ployee Child Care Center proceeds from the EC OFFICE OF FEDERAL HOUSING ENTERPRISE S . 4003. The dates for subsidy reductions sale of holiday ornaments by the Senate Gift OVERSIGHT and demonstrations for discontinuance of re- Shop for the purpose of funding necessary ac- ductions in operating subsidy under the new tivities and expenses of the Center, including SALARIES AND EXPENSES operating fund formula, pursuant to HUD scholarships, educational supplies, and (INCLUDING TRANSFER OF FUNDS) regulations at 24 CFR 990.230, shall be moved equipment.’’. For an additional amount to carry out the forward so that the first demonstration date (INCLUDING RESCISSION) Federal Housing Enterprises Financial Safe- for asset management compliance shall be SEC. 3702. (a) Of the funds provided for the ty and Soundness Act of 1992, $4,800,000, to September 1, 2007, and reductions in subsidy ‘‘Capitol Guide Service and Special Services remain available until expended, to be de- for calendar year 2007 shall be limited to the Office’’ in section 20703(a) of the Continuing rived from the Federal Housing Enterprises 5 percent amount referred to in such regula- Appropriations Resolution, 2007 (as added by Oversight Fund and to be subject to the tions. Any public housing agency that has section 2 of the Revised Continuing Appro- same terms and conditions pertaining to filed information to demonstrate compliance priations Resolution, 2007 (Public Law 110– funds provided under this heading in Public on or prior to April 15, 2007 shall be per- 5)), $3,500,000 are rescinded. Law 109–115: Provided, That not to exceed the mitted to re-file the same or different infor- (b) For an additional amount for ‘‘Capitol total amount provided for these activities mation to demonstrate such compliance on Guide Service and Special Services Office’’, for fiscal year 2007 shall be available from or before September 1, 2007.

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No part of any appropriation (10) SECRETARY.—The term ‘‘Secretary’’ (A) IN GENERAL.—For the purpose of para- contained in this Act shall remain available means the Secretary of Agriculture. graph (1)(B), the payment rate for quality for obligation beyond the current fiscal year Subtitle A—Agricultural Production Losses losses for a crop of a commodity on a farm unless expressly so provided herein. SEC. 411. CROP DISASTER ASSISTANCE. shall be equal to the difference between (as EMERGENCY DESIGNATION FOR TITLE I (a) IN GENERAL.—The Secretary shall use determined by the applicable State com- SEC. 4102. Amounts provided in title I of such sums as are necessary of funds of the mittee of the Farm Service Agency)— this Act are designated as emergency re- Commodity Credit Corporation to make (i) the per unit market value that the units quirements pursuant to section 402 of H. Con. emergency financial assistance authorized of the crop affected by the quality loss would Res. 95 (109th Congress), the concurrent reso- under this section available to producers on have had if the crop had not suffered a qual- lution on the budget for fiscal year 2006. a farm that have incurred qualifying losses ity loss; and EMERGENCY DESIGNATION FOR TITLE II described in subsection (c). (ii) the per unit market value of the units DMINISTRATION of the crop affected by the quality loss. SEC. 4103. Amounts provided in title II of (b) A .— (1) IN GENERAL.—Except as provided in (B) FACTORS.—In determining the payment this Act are designated as emergency re- rate for quality losses for a crop of a com- quirements pursuant to section 402 of H. Con. paragraph (2), the Secretary shall make as- sistance available under this section in the modity on a farm, the applicable State com- Res. 95 (109th Congress), the concurrent reso- mittee of the Farm Service Agency shall lution on the budget for fiscal year 2006. same manner as provided under section 815 of the Agriculture, Rural Development, Food take into account— TITLE IV—EMERGENCY FARM RELIEF and Drug Administration and Related Agen- (i) the average local market quality dis- SEC. 401. SHORT TITLE. cies Appropriations Act, 2001 (Public Law counts that purchasers applied to the com- This title may be cited as the ‘‘Emergency 106–387; 114 Stat. 1549A–55), including using modity during the first 2 months following Farm Relief Act of 2007’’. the same loss thresholds for quantity and the normal harvest period for the com- SEC. 402. DEFINITIONS. economic losses as were used in admin- modity; In this title: istering that section, except that the pay- (ii) the loan rate and repayment rate es- (1) ADDITIONAL COVERAGE.—The term ‘‘ad- ment rate shall be 55 percent of the estab- tablished for the commodity under the mar- ditional coverage’’ has the meaning given lished price, instead of 65 percent. keting loan program established for the com- the term in section 502(b)(1) of the Federal (2) NONINSURED PRODUCERS.—For producers modity under subtitle B of title I of the Crop Insurance Act (7 U.S.C. 1502(b)(1)). on a farm that were eligible to acquire crop Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.); (2) APPLICABLE CROP.—The term ‘‘applica- insurance for the applicable production loss ble crop’’ means 1 or more crops planted, or and failed to do so or failed to submit an ap- (iii) the market value of the commodity if prevented from being planted, during, as plication for the noninsured assistance pro- sold into a secondary market; and elected by the producers on a farm, 1 of— gram for the loss, the Secretary shall make (iv) other factors determined appropriate (A) the 2005 crop year; assistance in accordance with paragraph (1), by the committee. (4) ELIGIBILITY.— (B) the 2006 crop year; or except that the payment rate shall be 20 per- (A) IN GENERAL.—For producers on a farm (C) that part of the 2007 crop year that cent of the established price, instead of 50 to be eligible to obtain a payment for a qual- takes place before the end of the applicable percent. ity loss for a crop under this subsection— period. (c) QUALIFYING LOSSES.—Assistance under this section shall be made available to pro- (i) the amount obtained by multiplying the (3) APPLICABLE PERIOD.—The term ‘‘appli- per unit loss determined under paragraph (1) cable period’’ means the period beginning on ducers on farms, other than producers of sugar beets, that incurred qualifying quan- by the number of units affected by the qual- January 1, 2005 and ending on February 28, tity or quality losses for the applicable crop ity loss shall be reduced by the amount of 2007. due to damaging weather or any related con- any indemnification received by the pro- (4) DISASTER COUNTY.—The term ‘‘disaster dition (including losses due to crop diseases, ducers on the farm for quality loss adjust- county’’ means— insects, and delayed harvest), as determined ment for the commodity under a policy or (A) a county included in the geographic by the Secretary. plan of insurance under the Federal Crop In- area covered by a natural disaster declara- (d) QUALITY LOSSES.— surance Act (7 U.S.C. 1501 et seq.); and tion; and (1) IN GENERAL.—In addition to any pay- (ii) the remainder shall be at least 25 per- (B) each county contiguous to a county de- ment received under subsection (b), the Sec- cent of the value that all affected production scribed in subparagraph (A). retary shall use such sums as are necessary of the crop would have had if the crop had (5) HURRICANE-AFFECTED COUNTY.—The of funds of the Commodity Credit Corpora- not suffered a quality loss. term ‘‘hurricane-affected county’’ means— tion to make payments to producers on a (B) INELIGIBILITY.—If the amount of a qual- (A) a county included in the geographic farm described in subsection (a) that in- ity loss payment for a commodity for the area covered by a natural disaster declara- curred a quality loss for the applicable crop producers on a farm determined under this tion related to Hurricane Katrina, Hurricane of a commodity in an amount equal to the paragraph is equal to or less than zero, the Rita, Hurricane Wilma, or a related condi- product obtained by multiplying— producers on the farm shall be ineligible for tion; and (A) the payment quantity determined assistance for the commodity under this sub- (B) each county contiguous to a county de- under paragraph (2); section. scribed in subparagraph (A). (B)(i) in the case of an insurable com- (5) ELIGIBLE PRODUCTION.—The Secretary (6) INSURABLE COMMODITY.—The term ‘‘in- modity, the coverage level elected by the in- shall carry out this subsection in a fair and surable commodity’’ means an agricultural sured under the policy or plan of insurance equitable manner for all eligible production, commodity (excluding livestock) for which under the Federal Crop Insurance Act (7 including the production of fruits and vege- the producers on a farm are eligible to ob- U.S.C. 1501 et seq.); or tables, other specialty crops, and field crops. tain a policy or plan of insurance under the (ii) in the case of a noninsurable com- (e) ELECTION OF CROP YEAR.—If a producer Federal Crop Insurance Act (7 U.S.C. 1501 et modity, the applicable coverage level for the incurred qualifying crop losses in more than seq.). payment quantity determined under para- 1 of the crop years during the applicable pe- (7) LIVESTOCK.—The term ‘‘livestock’’ in- graph (2); by riod, the producers on a farm shall elect to cludes— (C) 55 percent of the payment rate deter- receive assistance under this section for (A) cattle (including dairy cattle); mined under paragraph (3). losses incurred in only 1 of the crop years. (B) bison; (2) PAYMENT QUANTITY.—For the purpose of (f) PAYMENT LIMITATION.— (C) poultry; paragraph (1)(A), the payment quantity for (1) LIMITATION.—Assistance provided under (D) sheep; quality losses for a crop of a commodity on this section to the producers on a farm for (E) swine; and a farm shall equal the lesser of— losses to a crop, together with the amounts (F) other livestock, as determined by the (A) the actual production of the crop af- specified in paragraph (2) applicable to the Secretary. fected by a quality loss of the commodity on same crop, may not exceed 95 percent of (8) NATURAL DISASTER DECLARATION.—The the farm; or what the value of the crop would have been term ‘‘natural disaster declaration’’ means a (B)(i) in the case of an insurable com- in the absence of the losses, as estimated by natural disaster declared by the Secretary modity, the actual production history for the Secretary. during the applicable period under section the commodity by the producers on the farm (2) OTHER PAYMENTS.—In applying the limi- 321(a) of the Consolidated Farm and Rural under the Federal Crop Insurance Act (7 tation in paragraph (1), the Secretary shall Development Act (7 U.S.C. 1961(a)). U.S.C. 1501 et seq.); or include the following: (9) NONINSURABLE COMMODITY.—The term (ii) in the case of a noninsurable com- (A) Any crop insurance payment made ‘‘noninsurable commodity’’ means a crop for modity, the established yield for the crop for under the Federal Crop Insurance Act (7

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U.S.C. 1501 et seq.) or payment under section (3) MITIGATION.—In determining the eligi- major disaster or emergency designated by 196 of the Federal Agricultural Improvement bility for or amount of payments for which a the President under the Robert T. Stafford and Reform Act of 1996 (7 U.S.C. 7333) that producer is eligible under the livestock com- Disaster Relief and Emergency Assistance the producers on the farm receive for losses pensation program, the Secretary shall not Act (42 U.S.C. 5121 et seq.) due to blizzards, to the same crop. penalize a producer that takes actions (rec- ice storms, or other winter–related causes (B) The value of the crop that was not lost ognizing disaster conditions) that reduce the during the period of December 2006 through (if any), as estimated by the Secretary. average number of livestock the producer January 2007; and (g) TIMING.— owned for grazing during the production year (2) meet all eligibility requirements for the (1) IN GENERAL.—Subject to paragraph (2), for which assistance is being provided. assistance or payments other than the re- the Secretary shall make payments to pro- (4) PAYMENTS FOR REDUCTION IN GRAZING ON quirements relating to disaster declarations ducers on a farm for a crop under this sec- FEDERAL LAND.— by the Secretary under subsections (a) and tion not later than 60 days after the date the (A) IN GENERAL.—In carrying out this sub- (b)(1). producers on the farm submit to the Sec- section, the Secretary shall make payments SEC. 415. FLOODED CROP AND GRAZING LAND. retary a completed application for the pay- to livestock producers that are in proportion (a) IN GENERAL.—The Secretary shall com- ments. to any reduction during calendar year 2007 in pensate eligible owners of flooded crop and (2) INTEREST.—If the Secretary does not grazing on Federal land in a disaster county grazing land in the State of North Dakota. make payments to the producers on a farm leased by the producers a result of actions (b) ELIGIBILITY.— by the date described in paragraph (1), the described in subparagraph (B). (1) IN GENERAL.—To be eligible to receive Secretary shall pay to the producers on a (B) FEDERAL ACTIONS.—Actions referred to compensation under this section, an owner farm interest on the payments at a rate in subparagraph (A) are actions taken during shall own land described in subsection (a) equal to the current (as of the sign-up dead- calendar year 2007 by the Bureau of Land that, during the 2 crop years preceding re- line established by the Secretary) market Management or other Federal agency to re- ceipt of compensation, was rendered incapa- yield on outstanding, marketable obligations strict or prohibit grazing otherwise allowed ble of use for the production of an agricul- of the United States with maturities of 30 under the terms of the lease of the producers tural commodity or for grazing purposes (in years. in order to expedite the recovery of the Fed- a manner consistent with the historical use SEC. 412. DAIRY ASSISTANCE. eral land from drought, wildfire, or other of the land) as the result of flooding, as de- The Secretary shall use $95,000,000 of funds natural disaster declared by the Secretary termined by the Secretary. of the Commodity Credit Corporation to during the applicable period. (2) INCLUSIONS.—Land described in para- make payments to dairy producers for dairy (5) LIMITATION.—The Secretary shall en- graph (1) shall include— production losses in disaster counties. sure, to the maximum extent practicable, (A) land that has been flooded; SEC. 413. MILK INCOME LOSS CONTRACT PRO- that producers on a farm do not receive du- (B) land that has been rendered inacces- GRAM. plicative payments under this subsection and Section 1502(c)(3) of the Farm Security and sible due to flooding; and another Federal program with respect to any Rural Investment Act of 2002 (7 U.S.C. (C) a reasonable buffer strip adjoining the loss. 7982(c)(3)) is amended— flooded land, as determined by the Sec- IVESTOCK INDEMNITY PAYMENTS.— (1) in subparagraph (A), by adding ‘‘and’’ at (b) L retary. the end; (1) IN GENERAL.—The Secretary shall use (3) ADMINISTRATION.—The Secretary may (2) in subparagraph (B), by striking ‘‘Au- such sums as are necessary of funds of the establish— gust’’ and all that follows through the end Commodity Credit Corporation to make live- (A) reasonable minimum acreage levels for and inserting ‘‘September 30, 2007, 34 per- stock indemnity payments to producers on individual parcels of land for which owners cent.’’; and farms that have incurred livestock losses may receive compensation under this sec- (3) by striking subparagraph (C). during the applicable period (including losses tion; and due to blizzards that began in calendar year SEC. 414. LIVESTOCK ASSISTANCE. (B) the location and area of adjoining 2006 and continued in January 2007) due to a (a) LIVESTOCK COMPENSATION PROGRAM.— flooded land for which owners may receive disaster, as determined by the Secretary, in- (1) USE OF COMMODITY CREDIT CORPORATION compensation under this section. cluding losses due to hurricanes, floods, an- FUNDS.—Effective beginning on the date of (c) SIGN-UP.—The Secretary shall establish enactment of this Act, the Secretary shall thrax, wildfires, and extreme heat. a sign-up program for eligible owners to use funds of the Commodity Credit Corpora- (2) PAYMENT RATES.—Indemnity payments apply for compensation from the Secretary tion to carry out the 2002 Livestock Com- to a producer on a farm under paragraph (1) under this section. pensation Program announced by the Sec- shall be made at a rate of not less than 30 (d) COMPENSATION PAYMENTS.— retary on October 10, 2002 (67 Fed. Reg. 63070), percent of the market value of the applicable (1) IN GENERAL.—Subject to paragraphs (2) to provide compensation for livestock losses livestock on the day before the date of death and (3), the rate of an annual compensation during the applicable period for losses (in- of the livestock, as determined by the Sec- payment under this section shall be equal to cluding losses due to blizzards that began in retary. 90 percent of the average annual per acre calendar year 2006 and continued in January (c) EWE LAMB REPLACEMENT AND RETEN- rental payment rate (at the time of entry 2007) due to a disaster, as determined by the TION.— into the contract) for comparable crop or Secretary, except that the payment rate (1) IN GENERAL.—The Secretary shall use grazing land that has not been flooded and shall be 80 percent of the payment rate es- $13,000,000 of funds of the Commodity Credit remains in production in the county where tablished for the 2002 Livestock Compensa- Corporation to make payments to producers the flooded land is located, as determined by tion Program. located in disaster counties under the Ewe the Secretary. (2) ELIGIBLE APPLICANTS.—In carrying out Lamb Replacement and Retention Payment (2) REDUCTION.—An annual compensation the program described in paragraph (1), the Program under part 784 of title 7, Code of payment under this section shall be reduced Secretary shall provide assistance to any ap- Federal Regulations (or a successor regula- by the amount of any conservation program plicant for livestock losses during the appli- tion) for each qualifying ewe lamb retained rental payments or Federal agricultural cable period that— or purchased during the period beginning on commodity program payments received by (A)(i) conducts a livestock operation that January 1, 2006, and ending on December 31, the owner for the land during any crop year is located in a disaster county, including any 2006, by the producers. for which compensation is received under applicant conducting a livestock operation (2) INELIGIBILITY FOR OTHER ASSISTANCE.—A this section. with eligible livestock (within the meaning producer that receives assistance under this (3) EXCLUSION.—During any year in which of the livestock assistance program under subsection shall not be eligible to receive as- an owner receives compensation for flooded section 101(b) of division B of Public Law 108– sistance under subsection (a). land under this section, the owner shall not 324 (118 Stat. 1234)); or (d) ELECTION OF PRODUCTION YEAR.—If a be eligible to participate in or receive bene- (ii) produces an animal described in section producer incurred qualifying production fits for the flooded land under— 10806(a)(1) of the Farm Security and Rural losses in more than one of the production (A) the Federal crop insurance program es- Investment Act of 2002 (21 U.S.C. 321d(a)(1)); years, the producers on a farm shall elect to tablished under the Federal Crop Insurance (B) demonstrates to the Secretary that the receive assistance under this section in only Act (7 U.S.C. 1501 et seq.); applicant suffered a material loss of pasture one of the production years. (B) the noninsured crop assistance program or hay production, or experienced substan- (e) EXCEPTION.—Notwithstanding any other established under section 196 of the Federal tially increased feed costs, due to damaging provision of this section, livestock producers Agriculture Improvement and Reform Act of weather or a related condition during the on a farm shall be eligible to receive assist- 1996 (7 U.S.C. 7333); or calendar year, as determined by the Sec- ance under subsection (a) or livestock in- (C) any Federal agricultural crop disaster retary; and demnity payments under subsection (b) if assistance program. (C) meets all other eligibility requirements the producers on a farm— (e) RELATIONSHIP TO AGRICULTURAL COM- established by the Secretary for the pro- (1) have livestock operations in a county MODITY PROGRAMS.—The Secretary, by regu- gram. included in the geographic area covered by a lation, shall provide for the preservation of

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cropland base, allotment history, and pay- demic Influenza Act, 2006 (Public Law 109– (B) EMERGENCY GRANTS TO ASSIST LOW-IN- ment yields applicable to land described in 148; 119 Stat. 2680); COME MIGRANT AND SEASONAL FARM- subsection (a) that was rendered incapable of (2) an agricultural disaster assistance pro- WORKERS.— use for the production of an agricultural vision contained in the announcement of the (i) Funds made available by this subtitle commodity or for grazing purposes as the re- Secretary on January 26, 2006, or August 29, may be used to carry out assistance pro- sult of flooding. 2006; grams in States that are consistent with the (f) USE OF LAND.— (3) the Emergency Supplemental Appro- purpose and intent of the program author- (1) IN GENERAL.—An owner that receives priations Act for Defense, the Global War on ized at section 2281 of the Food, Agriculture, compensation under this section for flooded Terror, and Hurricane Recovery, 2006 (Public Conservation and Trade Act of 1990 (42 U.S.C. land shall take such actions as are necessary Law 109–234; 120 Stat. 418); or 5177a). to not degrade any wildlife habitat on the (4) the Livestock Assistance Grant Pro- (ii) In carrying out this subparagraph, a land that has naturally developed as a result gram announced by the Secretary on August qualified State may waive the gross income of the flooding. 29, 2006. requirement at subparagraph (A)(i) of this (2) RECREATIONAL ACTIVITIES.—To encour- Subtitle B—Small Business Economic Loss paragraph. age owners that receive compensation for Grant Program (3) REQUIREMENTS.—A direct payment to flooded land to allow public access to and use SEC. 421. SMALL BUSINESS ECONOMIC LOSS small business under this subsection shall— of the land for recreational activities, as de- GRANT PROGRAM. (A) be limited to not more than 2 years of termined by the Secretary, the Secretary (a) DEFINITION OF QUALIFIED STATE.—In documented losses; and may— this section, the term ‘‘qualified State’’ (B) be in an amount of not more than 75 (A) offer an eligible owner additional com- means a State in which at least 50 percent of percent of the documented average economic pensation; and the counties of the State were declared to be loss attributable to weather-related agri- (B) provide compensation for additional primary agricultural disaster areas by the culture disasters for each eligible year in the acreage under this section. Secretary during the applicable period. qualified State. (g) FUNDING.— (b) GRANTS TO QUALIFIED STATES.— (4) INSUFFICIENT FUNDING.—If the grant (1) IN GENERAL.—The Secretary shall use (1) IN GENERAL.—The Secretary shall use funds received by a qualified State agency $6,000,000 of funds of the Commodity Credit $100,000,000 of funds of the Commodity Credit under subsection (b) are insufficient to fund Corporation to carry out this section. Corporation to make grants to State depart- the direct payments of the qualified State (2) PRO-RATED PAYMENTS.—In a case in ments of agriculture or comparable State agency under this subsection, the qualified which the amount made available under agencies in qualified States. State agency may apply a proportional re- paragraph (1) for a fiscal year is insufficient (2) AMOUNT.— duction to all of the direct payments. (A) IN GENERAL.—Subject to subparagraph to compensate all eligible owners under this Subtitle C—Forestry section, the Secretary shall pro-rate pay- (B), the Secretary shall allocate grants ments for that fiscal year on a per acre basis. among qualified States described in para- SEC. 431. TREE ASSISTANCE PROGRAM. (a) DEFINITION OF TREE.—In this section, SEC. 416. SUGAR BEET AND SUGAR CANE DIS- graph (1) based on the average value of agri- ASTER ASSISTANCE. cultural sector production in the qualified the term ‘‘tree’’ includes— (a) IN GENERAL.—The Secretary shall use State, determined as a percentage of the (1) a tree (including a Christmas tree, orna- $24,000,000 of funds of the Commodity Credit gross domestic product of the qualified mental tree, nursery tree, and potted tree); Corporation to provide assistance to sugar State. (2) a bush (including a shrub, nursery beet producers that suffered production (B) MINIMUM AMOUNT.—The minimum shrub, nursery bush, ornamental bush, orna- losses (including quality losses) for the ap- amount of a grant under this subsection mental shrub, potted bush, and potted plicable crop. shall be $500,000. shrub); and (b) REQUIREMENT.—The Secretary shall (3) REQUIREMENT.—To be eligible to receive (3) a vine (including a nursery vine and or- make payments under subsection (a) in the a grant under this subsection, a qualified namental vine). same manner as payments were made under State shall agree to carry out an expedited (b) PROGRAM.—Except as otherwise pro- section 208 of the Agricultural Assistance disaster assistance program to provide direct vided in this section, the Secretary shall use Act of 2003 (Public Law 108–7; 117 Stat. 544), payments to qualified small businesses in ac- such sums as are necessary of the funds of including using the same indemnity benefits cordance with subsection (c). the Commodity Credit Corporation to pro- (c) DIRECT PAYMENTS TO QUALIFIED SMALL as were used in carrying out that section. vide assistance under the terms and condi- BUSINESSES.— (c) HAWAII.—The Secretary shall use tions of the tree assistance program estab- (1) IN GENERAL.—In carrying out an expe- $3,000,000 of funds of the Commodity Credit lished under subtitle C of title X of the Farm dited disaster assistance program described Corporation to assist sugarcane growers in Security and Rural Investment Act of 2002 (7 in subsection (b)(3), a qualified State shall Hawaii by making a payment in that amount U.S.C. 8201 et seq.) to— provide direct payments to eligible small to an agricultural transportation coopera- (1) producers who suffered tree losses in businesses in the qualified State that suf- tive in Hawaii, the members of which are eli- disaster counties; and fered material economic losses during the gible to obtain a loan under section 156(a) of (2) fruit and tree nut producers in disaster applicable period as a direct result of weath- the Federal Agriculture Improvement and counties. er-related agricultural losses to the crop or Reform Act of 1996 (7 U.S.C. 7272(a)). (c) COSTS.—Funds made available under livestock production sectors of the qualified (d) ELECTION OF CROP YEAR.—If a producer this section shall also be made available to State, as determined by the Secretary. incurred qualifying crop losses in more than cover costs associated with tree pruning, (2) ELIGIBILITY.— one of the crop years during the applicable tree rehabilitation, and other appropriate (A) IN GENERAL.—To be eligible to receive a period, the producers on a farm shall elect to tree-related activities as determined by the direct payment under paragraph (1), a small Secretary. receive assistance under this section for business shall— losses incurred in only one of the crop years. (d) SCOPE OF ASSISTANCE.—Assistance (i) have less than $15,000,000 in average an- under this section shall compensate for SEC. 417. NONINSURED CROP ASSISTANCE PRO- nual gross income from all business activi- GRAM. losses resulting from disasters during the ap- ties, at least 75 percent of which shall be di- plicable period. Section 196(c) of the Federal Agriculture rectly related to production agriculture or Improvement and Reform Act of 1996 (7 agriculture support industries, as deter- Subtitle D—Conservation U.S.C. 7333(c)) is amended by adding at the mined by the Secretary; SEC. 441. EMERGENCY CONSERVATION PRO- end the following: (ii) verify the amount of economic loss at- GRAM. ‘‘(5) LOSS ASSESSMENT FOR GRAZING.—The tributable to weather-related agricultural The Secretary shall use an additional Secretary shall permit the use of 1 claims losses using such documentation as the Sec- $35,000,000 of funds of the Commodity Credit adjustor certified by the Secretary to assess retary and the head of the qualified State Corporation to carry out emergency meas- the quantity of loss on the acreage or allot- agency may require; ures, including wildfire recovery efforts in ment of a producer devoted to grazing for (iii) have suffered losses attributable to Montana and other States, identified by the livestock under this section.’’. weather-related agricultural disasters that Administrator of the Farm Service Agency SEC. 418. REDUCTION IN PAYMENTS. equal at least 50 percent of the total eco- as of the date of enactment of this Act The amount of any payment for which a nomic loss of the small business for each through the emergency conservation pro- producer is eligible under this subtitle shall year a grant is requested; and gram established under title IV of the Agri- be reduced by any amount received by the (iv) demonstrate that the grant will mate- cultural Credit Act of 1978 (16 U.S.C. 2201 et producer for the same loss or any similar rially improve the likelihood the business seq.), of which $3,000,000 shall be to repair loss under— will— broken irrigation pipelines and damaged and (1) the Department of Defense, Emergency (I) recover from the disaster; and collapsed water tanks, $1,000,000 to provide Supplemental Appropriations to Address (II) continue to service and support produc- emergency loans for losses of agricultural in- Hurricanes in the Gulf of Mexico, and Pan- tion agriculture. come, and $2,000,000 to repair ditch irrigation

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00054 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7623 systems in conjunction with the Presidential (2) the Statement of Policy of the Sec- by her to the bill H.R. 1591, making declaration of a major disaster (FEMA–1664– retary of Agriculture effective July 24, 1971 emergency supplemental appropria- DR), dated October 17, 2006, and related de- (36 Fed. Reg. 13804), relating to notices of tions for the fiscal year ending Sep- terminations issued under the authority of proposed rulemaking and public participa- tember 30, 2007, and for other purposes; the Robert T. Stafford Disaster Relief and tion in rulemaking; and Emergency Assistance Act, 42 U.S.C. 5121– (3) chapter 35 of title 44, United States which was ordered to lie on the table; 5206 (the Stafford Act): Provided, That the Code (commonly known as the ‘‘Paperwork as follows: Secretary may transfer a portion of these Reduction Act’’). At the appropriate place insert the fol- funds to the Natural Resources Conservation (c) CONGRESSIONAL REVIEW OF AGENCY lowing: RULEMAKING.—In carrying out this section, Service, to include Resource Conservation ‘‘SEC. lll. Notwithstanding any other and Development councils. the Secretary shall use the authority pro- provision of law, the Secretary of Veterans SEC. 442. EMERGENCY WATERSHED PROTECTION vided under section 808 of title 5, United Affairs is authorized to convey without con- PROGRAM. States Code. sideration to the State of Texas all right, The Secretary shall use an additional Subtitle G—Emergency Designation title, and interest of the United States in $50,000,000 of funds of the Commodity Credit SEC. 471. EMERGENCY DESIGNATION. and to a parcel of real property comprising Corporation to carry out emergency meas- The amounts provided under this title are the location of the Marlin, Texas Depart- ures identified by the Chief of the Natural designated as an emergency requirement ment of Veterans Affairs Medical Center. In Resources Conservation Service as of the pursuant to section 402 of H. Con. Res. 95 so conveying, the Secretary need not comply date of enactment of this Act through the (109th Congress). with Federal laws relating to the environ- emergency watershed protection program es- This Act may be cited as the ‘‘U.S. Troop ment and historic preservation. However, the tablished under section 403 of the Agricul- Readiness, Veterans’ Care, Katrina Recov- Secretary may at his discretion undertake tural Credit Act of 1978 (16 U.S.C. 2203). ery, and Iraq Accountability Appropriations environmental cleanup at a cost not to ex- SEC. 443. CONSERVATION SECURITY PROGRAM. Act, 2007’’. ceed $500,000 utilizing appropriations avail- Section 20115 of Public Law 110–5 is amend- able for the environmental cleanup of sites ed by striking ‘‘section 726’’ and inserting in SA 642. Ms. LANDRIEU submitted an under the Department’s jurisdiction. The lieu thereof ‘‘section 726; section 741’’. amendment intended to be proposed to purpose of the conveyance is to permit the Subtitle E—Farm Service Agency amendment SA 641 proposed by Mr. State of Texas to utilize the property for SEC. 451. FUNDING FOR ADDITIONAL PERSONNEL BYRD to the bill H.R. 1591, making purposes of a prison.’’ AND ADMINISTRATIVE SUPPORT. emergency supplemental appropria- The Secretary shall use $30,000,000 of funds tions for the fiscal year ending Sep- SA 647. Mr. SESSIONS submitted an of the Commodity Credit Corporation— tember 30, 2007, and for other purposes; amendment intended to be proposed by (1) of which $9,000,000 shall be used to hire which was ordered to lie on the table; him to the bill H.R. 1591, making emer- additional County Farm Service Agency per- as follows: sonnel to expedite the implementation of, gency supplemental appropriations for On page 60, line 13, strike ‘‘$150,000,000’’ and and delivery under, the agricultural disaster the fiscal year ending September 30, insert ‘‘$755,000,000’’. and economic assistance programs under this 2007, and for other purposes; which was title; and On page 60, line 16, insert after ‘‘area’’ the ordered to lie on the table; as follows: (2) to be used as the Secretary determines following: ‘‘Provided, That $605,000,000 shall be for construction of the Inner Harbor Navi- On page 72, between lines 7 and 8, insert to be necessary to carry out this and other the following: agriculture and disaster assistance pro- gation Canal Lock replacement project, to grams. remain available until expended’’. SEC. 2504. MAJOR DISASTER OR EMERGENCY BENEFITS. Subtitle F—Miscellaneous SA 643. Mr. COCHRAN (for himself, (a) FRAUD IN CONNECTION WITH MAJOR DIS- SEC. 461. CONTRACT WAIVER. Mr. MCCAIN, Mr. LIEBERMAN, Mr. GRA- ASTER OR EMERGENCY BENEFITS.— In carrying out this title and section HAM, Mr. WARNER, Mr. STEVENS, Mr. (1) IN GENERAL.—Chapter 47 of title 18, 101(a)(5) of the Emergency Supplemental Ap- BROWNBACK, Mr. SHELBY, Mr. Craig, United States Code, is amended by adding at propriations for Hurricane Disasters Assist- Mr. ALLARD, Mr. BENNETT, and Mr. the end the following: ance Act, 2005 (Public Law 108–324; 118 Stat. 1233), the Secretary shall not require partici- ENZI) proposed an amendment to ‘‘§ 1040. Fraud in connection with major dis- pation in a crop insurance pilot program re- amendment SA 641 proposed by Mr. aster or emergency benefits lating to forage. BYRD to the bill H.R. 1591, making ‘‘(a) Whoever, in a circumstance described SEC. 462. INSECT INFESTATIONS. emergency supplemental appropria- in subsection (b) of this section, knowingly— (a) IN GENERAL.—The Secretary, acting tions for the fiscal year ending Sep- ‘‘(1) falsifies, conceals, or covers up by any through the Administrator of the Animal tember 30, 2007, and for other purposes; trick, scheme, or device any material fact; and Plant Health Inspection Service, shall as follows: or ‘‘(2) makes any materially false, fictitious, use not less than $20,000,000 of funds made On page 24, strike line 16 and all that fol- or fraudulent statement or representation, available from the Commodity Credit Cor- lows through page 26, line 24 and insert: poration for the Animal and Plant Health In- or makes or uses any false writing or docu- ‘‘SEC. 1315. BENCHMARKS FOR THE GOVERN- ment knowing the same to contain any ma- spection Service to survey and control insect MENT OF IRAQ.—’’ infestations in the States of Nevada, Idaho, terially false, fictitious, or fraudulent state- and Utah. ment or representation, SA 644. Mr. REID submitted an (b) USE OF FUNDS.—Funds described in sub- in any matter involving any benefit author- section (a) shall be used in a manner that amendment intended to be proposed by ized, transported, transmitted, transferred, promotes cooperative efforts between Fed- him to the bill H.R. 1591, making emer- disbursed, or paid in connection with a major eral programs (including the plant protec- gency supplemental appropriations for disaster declaration under section 401 of the tion and quarantine program of the Animal the fiscal year ending September 30, Robert T. Stafford Disaster Relief and Emer- and Plant Health Inspection Service) and 2007, and for other purposes; which was gency Assistance Act (42 U.S.C. 5170) or an State and local programs carried out, in ordered to lie on the table; as follows: emergency declaration under section 501 of whole or in part, with Federal funds to fight On page 41, line 19 strike $214,000,000 and the Robert T. Stafford Disaster Relief and insect outbreaks. insert $214,000,001 Emergency Assistance Act (42 U.S.C. 5191), or SEC. 463. FUNDING. in connection with any procurement of prop- The Secretary shall use the funds, facili- SA 645. Mr. REID submitted an erty or services related to any emergency or ties, and authorities of the Commodity Cred- amendment intended to be proposed by major disaster declaration as a prime con- it Corporation to carry out this title, to re- him to the bill H.R. 1591, making emer- tractor with the United States or as a sub- main available until expended. contractor or supplier on a contract in which gency supplemental appropriations for there is a prime contract with the United SEC. 464. REGULATIONS. the fiscal year ending September 30, (a) IN GENERAL.—The Secretary may pro- States, shall be fined under this title, impris- mulgate such regulations as are necessary to 2007, and for other purposes; which was oned not more than 30 years, or both. implement this title. ordered to lie on the table; as follows: ‘‘(b) A circumstance described in this sub- (b) PROCEDURE.—The promulgation of the In the amendment strike $214,000,001 and section is any instance where— regulations and administration of this title insert $214,000,002. ‘‘(1) the authorization, transportation, shall be made without regard to— transmission, transfer, disbursement, or pay- (1) the notice and comment provisions of SA 646. Mrs. HUTCHISON submitted ment of the benefit is in or affects interstate section 553 of title 5, United States Code; an amendment intended to be proposed or foreign commerce;

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00055 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7624 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 ‘‘(2) the benefit is transported in the mail (C) account for any aggravating or miti- Law be authorized to meet on Monday, at any point in the authorization, transpor- gating circumstances that might justify ex- March 26, 2007, at 3 p.m., to conduct a tation, transmission, transfer, disbursement, ceptions, including circumstances for which hearing on ‘‘Legal Options to Stop or payment of that benefit; or the sentencing guidelines currently provide Human Trafficking,’’ in Room 226 of ‘‘(3) the benefit is a record, voucher, pay- sentencing enhancements; ment, money, or thing of value of the United (D) make any necessary conforming the Dirksen Senate Office Building. States, or of any department or agency changes to the sentencing guidelines; and Grace Chung Becker, Deputy Assist- thereof. (E) assure that the guidelines adequately ant Attorney General for Civil Rights, ‘‘(c) In this section, the term ‘benefit’ meet the purposes of sentencing as set forth United States Department of Justice, means any record, voucher, payment, money in section 3553(a)(2) of title 18, United States Washington, DC; Katherine Kaufka, or thing of value, good, service, right, or Code. Supervising Attorney, Counter-Traf- privilege provided by the United States, a (3) EMERGENCY AUTHORITY AND DEADLINE ficking Services Program, National Im- State or local government, or other entity.’’. FOR COMMISSION ACTION.—The Commission migrant Justice Center, Heartland Al- (2) CLERICAL AMENDMENT.—The table of shall promulgate the guidelines or amend- sections for chapter 47 of title 18, United ments provided for under this subsection as liance for Human Needs & Human States Code, is amended by adding at the end soon as practicable, and in any event not Rights, Chicago, IL; Martina E. Van- the following new item: later than the 30 days after the date of enact- denberg, Attorney, Jenner & Block, ‘‘1040. Fraud in connection with major dis- ment of this Act, in accordance with the pro- Washington, DC; and Holly J. aster or emergency benefits.’’. cedures set forth in section 21(a) of the Sen- Burkhalter, Vice President, Inter- (b) INCREASED CRIMINAL PENALTIES FOR EN- tencing Reform Act of 1987, as though the au- national Justice Mission, Washington, GAGING IN WIRE, RADIO, AND TELEVISION thority under that Act had not expired. DC. FRAUD DURING AND RELATION TO A PRESI- f The PRESIDING OFFICER. Without DENTIALLY DECLARED MAJOR DISASTER OR objection, it is so ordered. EMERGENCY.—Section 1343 of title 18, United NOTICES OF HEARINGS/MEETINGS SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT States Code, is amended by inserting: ‘‘oc- COMMITTEE ON RULES AND ADMINISTRATION curs in relation to, or involving any benefit MANAGEMENT, THE FEDERAL WORKFORCE AND Mrs. FEINSTEIN. Mr. President, I THE DISTRICT OF COLUMBIA authorized, transported, transmitted, trans- wish to announce that the Committee ferred, disbursed, or paid in connection with, Mrs. MURRAY. Mr. President, I ask a presidentially declared major disaster or on Rules and Administration will meet unanimous consent that the Sub- emergency (as those terms are defined in on Wednesday, April 11, 2007, at 10 a.m., committee on Oversight of Government section 102 of the Robert T. Stafford Disaster to conduct an oversight hearing on the Management, the Federal Workforce Relief and Emergency Assistance Act (42 Smithsonian Institution. and the District of Columbia be author- U.S.C. 5122)), or’’ after ‘‘If the violation’’. For further information regarding ized to meet on Monday, March 26, 2007, (c) INCREASED CRIMINAL PENALTIES FOR EN- this hearing, please contact Howard at 2:30 p.m., for a hearing entitled, Un- GAGING IN MAIL FRAUD DURING AND IN RELA- Gantman at the Rules and Administra- TION TO A PRESIDENTIALLY DECLARED MAJOR derstanding the Realities of REAL ID: tion Committee on 224–6352. DISASTER OR EMERGENCY.—Section 1341 of A Review of Efforts to Secure Drivers’ title 18, United States Code, is amended by f Licenses and Identification Cards. inserting: ‘‘occurs in relation to, or involv- AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without ing any benefit authorized, transported, MEET objection, it is so ordered. transmitted, transferred, disbursed, or paid in connection with, a presidentially declared COMMITTEE ON ENERGY AND NATURAL major disaster or emergency (as those terms RESOURCES f are defined in section 102 of the Robert T. Mrs. MURRAY. Mr. President, I ask Stafford Disaster Relief and Emergency As- unanimous consent that the Com- PRIVILEGES OF THE FLOOR sistance Act (42 U.S.C. 5122)), or’’ after ‘‘If mittee on Energy and Natural Re- the violation’’. Mr. COCHRAN. Madam President, I (d) DIRECTIVE TO SENTENCING COMMISSION.— sources be authorized to hold a Round- ask unanimous consent that Yvonne (1) IN GENERAL.—Pursuant to its authority table Discussion during the session of Stone, a detailee from the Department under section 994(p) of title 28, United States the Senate on Monday, March 26, 2007, of Veterans Affairs, be granted floor Code, and in accordance with this sub- at 2:30 p.m. in room SD–G50 of the privileges for the duration of the de- section, the United States Sentencing Com- Dirksen Senate Office Building. bate on H.R. 1591, the emergency war mission forthwith shall— The purpose of the Roundtable is to supplemental. (A) promulgate sentencing guidelines or discuss the progress of the European amend existing sentencing guidelines to pro- The PRESIDING OFFICER. Without vide for increased penalties for persons con- Union’s Emissions Trading Scheme and objection, it is so ordered. victed of fraud or theft offenses in connec- to receive information on lessons Mr. COCHRAN. I also ask unanimous tion with a major disaster declaration under learned for policymakers who want to consent that Earl Rilington and Eric section 401 of the Robert T. Stafford Disaster better understand how a market-based Perritt, Fellows serving in my office, Relief and Emergency Assistance Act (42 trading program could operate effi- be granted floor privileges for the dura- U.S.C. 5170) or an emergency declaration ciently and effectively in the United tion of the debate on H.R. 1591, the fis- under section 501 of the Robert T. Stafford States. cal year 2007 emergency supplemental Disaster Relief and Emergency Assistance The PRESIDING OFFICER. Without Act (42 U.S.C. 5191); and appropriations bill. (B) submit to the Committee on the Judici- objection, it is so ordered. The PRESIDING OFFICER. Without ary of the Senate and the Committee on the SUBCOMMITTEE ON EMERGING THREATS AND objection, it is so ordered. Judiciary of the House of Representatives an CAPABILITIES Mr. BYRD. Madam President, I ask explanation of actions taken by the Commis- Mrs. MURRAY. Mr. President, I ask unanimous consent that Adam Morri- sion pursuant to subparagraph (A) and any unanimous consent that the Sub- son and Tad Gallion be granted floor additional policy recommendations the Com- committee on Emerging Threats and privileges during the debate on this mission may have for combating offenses de- Capabilities be authorized to meet dur- measure. scribed in that subparagraph. ing the session of the Senate on Mon- (2) REQUIREMENTS.—In carrying out this The PRESIDING OFFICER. Without subsection, the Sentencing Commission day, March 26, 2007, at 2 p.m., to re- objection, it is so ordered. shall— ceive a briefing on the reorganization Mr. KENNEDY. I ask unanimous con- (A) ensure that the sentencing guidelines of the office of the Under Secretary of sent that my State Department fellow, and policy statements reflect the serious na- Defense for Policy. Mike Stanton, and my Marine Corps ture of the offenses described in paragraph The PRESIDING OFFICER. Without fellow, Mark Carlton, be granted floor (1) and the need for aggressive and appro- objection, it is so ordered. privileges for the duration of debate on priate law enforcement action to prevent SUBCOMMITTEE ON HUMAN RIGHTS AND THE LAW such offenses; H.R. 1591 supplemental appropriations (B) assure reasonable consistency with Mrs. MURRAY. Mr. President, I ask bill. other relevant directives and with other unanimous consent that the Sub- The PRESIDING OFFICER. Without guidelines; committee on Human Rights and the objection, it is so ordered

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

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

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The House met at 12:30 p.m. and was ernment skate. This bill says they will man. They fired him. It was said we called to order by the Speaker pro tem- meet the President’s own chosen, didn’t need 350,000 people. Rummy said, pore (Ms. CASTOR). President Bush and al Maliki’s, own ‘‘Oh, don’t worry. We can do it with f chosen guidelines and benchmarks or 100,000 or so.’’ Shinseki said, that we will begin to bring our troops home. would lead to strife, civil war and DESIGNATION OF SPEAKER PRO Plain and simple, not a war without chaos. He was right. They fired him. TEMPORE end, not a war that will be settled by But presidential economic adviser The SPEAKER pro tempore laid be- future Presidents, as George Bush said Larry Lindsey said, ‘‘It’s going to be fore the House the following commu- a year ago, but if this administration very expensive. Very expensive.’’ No, nication from the Speaker: and the Iraqi Government fail to do CHENEY and his cohorts said, ‘‘No, what’s necessary for our troops, we are WASHINGTON, DC, don’t worry. Iraq can pay for it them- March 26, 2007. not going to strand them in the middle selves.’’ Well, we are now at $2 billion I hereby appoint the Honorable KATHY CAS- of a civil war. a week, hundreds of billions of dollars TOR to act as Speaker pro tempore on this But the Vice President objects to on this war. So wrong. day. those things. He says if they really And then our troops, how did they NANCY PELOSI, support the troops, then we should serve them? Vice President CHENEY Speaker of the House of Representatives. take them at their word and expect again, ‘‘We believe we will, in fact, be f them to meet the needs of our military greeted as liberators. I think it will go on time, in full, no strings attached. relatively quick. Weeks rather than MORNING HOUR DEBATES Let’s review the administration’s months.’’ So they didn’t give our men The SPEAKER pro tempore. Pursu- record on those issues. Let’s review and women body armor, didn’t have ar- ant to the order of the House of Janu- how the Bush-Cheney administration mored Humvees, they didn’t have the ary 4, 2007, the Chair will now recog- met the needs of our troops. First of equipment they needed. Congress had nize Members from lists submitted by all, it was an unnecessary war. They to uncover those scandals after we the majority and minority leaders for were pursuing a necessary war against heard from the troops in the field. We morning hour debates. The Chair will al Qaeda, the Taliban, Osama bin had to provide it over the objections of Laden. Remember them? Dead or alive? alternate recognition between the par- this administration, and this guy has Dead or alive? They abandoned that ties, with each party limited to not to the gall to say we aren’t serving the war for an unnecessary war launched exceed 30 minutes, and each Member, troops as they want to keep our troops under false pretenses in Iraq. except the majority leader, the minor- mired down forever in the middle of a ity leader, or the minority whip, lim- Now, something called the Office of Special Plans phonied up the intel- civil war? ited to not to exceed 5 minutes. This is extraordinary. And, most re- The Chair recognizes the gentleman ligence. DICK CHENEY put together the Office of Special Plans with some of his cently, Vice President CHENEY last from Oregon (Mr. DEFAZIO) for 5 min- year, no, 2 years ago, ‘‘I think they’re utes. own hand-picked people, I think one of whom is now on the way to jail, in fact, in the last throes, if you will, of the in- f Scooter Libby. In fact, he personally, surgency.’’ I guess he still believes unprecedented for a Vice President, that. THE VICE PRESIDENT AND THE These people have done an extraor- IRAQ ACCOUNTABILITY ACT kept visiting the CIA and saying, no, they didn’t have the intelligence right dinary disservice to our troops, our Mr. DEFAZIO. I thank the Chair. yet. I.e., they didn’t say what he want- country, our national security and the Well, Vice President CHENEY was in ed. Niger yellow cake, Chalabi, all that fight against true terrorism that at- form last weekend in Florida address- stuff. He was so wrong. And then he tacked us on 9/11. We will not be dis- ing a small group behind closed doors. said, ‘‘Simply stated, there’s no doubt tracted or bullied anymore. The Iraq He attacked the House of Representa- that Saddam Hussein now has weapons Accountability Act is a strong response tives for passing the Iraq Account- of mass destruction.’’ Vice President to their mismanagement and it offers ability Act. I am not certain whether it CHENEY in August of 2002 as he was the United States a way to bring this is because he objects to the fact that pushing us toward war. war to a successful conclusion and we are going to make this administra- But then on the eve of the war, even soon. tion review the readiness of our troops, after their myths about weapons of Bring the troops home. their equipment, before they’re rushed mass destruction, the yellow cake, the f to Iraq in an attempt to escalate the aluminum tubes had started to fall war. They don’t want that kind of ac- apart, he said, ‘‘We believe that Sad- CONGRATULATING BARTON countability, because it failed our dam has in fact reconstituted nuclear COLLEGE’S BASKETBALL TEAM troops, from day one, on equipment weapons.’’ Vice President CHENEY. A The SPEAKER pro tempore. Pursu- and readiness. man who has been so wrong and put ant to the order of the House of Janu- And then maybe it’s the other part, our troops in harm’s way unneces- ary 4, 2007, the gentleman from North the part where we are going to demand sarily, jeopardized the security of the Carolina (Mr. BUTTERFIELD) is recog- accountability of the Iraqi Govern- United States by distracting us from nized during morning hour debates for ment. Time and time again President the real fight in Afghanistan, chal- 5 minutes. Bush sets benchmarks. ‘‘Those bench- lenges this Congress on the Iraq Ac- Mr. BUTTERFIELD. Thank you very marks will be met.’’ They are never countability Act? No, I think last No- much, Madam Speaker. met. There has to be a diplomatic and vember the American people started to Madam Speaker, there was great political component. You cannot re- ask about accountability for him and cause for celebration in eastern North solve a civil war with military force in his supposed boss, George Bush. Carolina over this past weekend, as Iraq. But time and time again the Bush And then let’s look at their military Wilson, North Carolina’s Barton Col- administration has let the Iraqi Gov- planning. General Shinseki, a good lege captured the NCAA Division II

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

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7628 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 men’s college basketball championship. our own country, find a new exodus. for 1 minute and to revise and extend What a game. Bring their hidden stories to the her remarks.) Barton College, Madam Speaker, is a brightness of news in our day, so they Mrs. BLACKBURN. Mr. Speaker, you small but proud college with a rich may live with the glimmer of hope. know, one of the things that we heard academic history. With a student body Lead them through the complexity of about so often during the campaign of about 1,000 students, it is located not economic and legal systems to breathe last year was illegal immigration. And only in my congressional district but in the common air of freedom. coming back to Congress, one of the located in my community. I am so May our preparations for Passover things we are hearing about as we hold proud of them. and Easter shake off our indifference, our town hall meetings is the impact of Barton College captured the national change obstinate hearts of unscrupu- illegal immigrants having access to championship Saturday afternoon, lous employers and profiteers in human credit cards and to financial services in scoring an amazing come-from-behind trafficking that the redeemed may re- this country. Banking institutions, the 77–75 victory over previously joice in You, our God and Savior, both Federal Reserve, the U.S. Treasury, undefeated and defending national now and forever. Amen. and the IRS are allowing illegal immi- champion Winona State University. f grants the ability to sign up for credit Barton won the title game at the buzz- THE JOURNAL cards, mortgages, taxpayer identifica- er, with one-tenth of a second remain- tion numbers, and to transfer money The SPEAKER pro tempore. The ing. They won their semifinal game by back to their country. Chair has examined the Journal of the one point on a last-second free throw. It is a problem, and there is a solu- last day’s proceedings and announces And it won its quarterfinal game on a tion. H.R. 1314 is a piece of legislation to the House his approval thereof. three-pointer at the buzzer in over- Pursuant to clause 1, rule I, the Jour- I have filed. It is bipartisan legislation time. This will be a game that will long nal stands approved. with over 50 cosponsors. The Photo ID be remembered. Security Act will close the loophole Madam Speaker, it is a great honor f that illegal immigrants are using to for me to recognize the success, efforts PLEDGE OF ALLEGIANCE obtain valid financial service informa- and achievements of these outstanding The SPEAKER pro tempore. Will the tion and access to these services. What young student athletes. It is my pleas- gentleman from Arkansas (Mr. ROSS) it will do is change the identification ure to recognize their head coach, Ron come forward and lead the House in the that is required, requiring them to Lievense, and his staff. Their hard Pledge of Allegiance. present a photo ID issued from their work and dedication to teamwork is Mr. ROSS led the Pledge of Alle- home country or the U.S. Everyone in something that we are all proud of in giance as follows: the U.S. can legally obtain these docu- Wilson, North Carolina and throughout I pledge allegiance to the Flag of the ments. the First Congressional District. United States of America, and to the Repub- I encourage all Members to cosponsor I ask my colleagues today to rise and lic for which it stands, one nation under God, H.R. 1314. indivisible, with liberty and justice for all. join me in paying tribute to Barton f College’s basketball team of 2007 and to f recognize their extraordinary cham- DEMOCRATS CONTINUE TO TAX ANNOUNCEMENT BY THE SPEAKER pionship. AND SPEND PRO TEMPORE f (Mr. WILSON of South Carolina The SPEAKER pro tempore. The Chair announces that the Speaker’s ap- RECESS asked and was given permission to ad- dress the House for 1 minute and to re- pointment of the remaining 19 mem- The SPEAKER pro tempore. Pursu- vise and extend his remarks.) bers of the Permanent Select Com- ant to clause 12(a) of rule I, the Chair Mr. WILSON of South Carolina. Mr. mittee on Intelligence on January 17, declares the House in recess until 2 Speaker, Democrats are as predictable 2007, without objection, is made not- p.m. today. as the sun: it continues to rise in the withstanding the requirement of clause Accordingly (at 12 o’clock and 39 east, and they continue to tax and 11(a)(1)(C) of rule X. minutes p.m.), the House stood in re- spend. There was no objection. cess until 2 p.m. The Democratic budget released last f f week proposes the largest tax increase in American history: $392.5 billion. Not ANNOUNCEMENT BY THE SPEAKER b 1400 only does it allow for the expiration of PRO TEMPORE AFTER RECESS the 2001 and 2003 tax cuts, but it does The SPEAKER pro tempore. Pursu- The recess having expired, the House nothing to control unsustainable enti- ant to clause 8 of rule XX, the Chair was called to order by the Speaker pro tlement spending. will postpone further proceedings Republicans believe fiscal restraint tempore (Mr. SALAZAR) at 2 p.m. today on motions to suspend the rules and pro-growth economic policies will on which a recorded vote or the yeas f lead to budget surpluses and new jobs. and nays are ordered, or on which the PRAYER Democrats believe out-of-control gov- vote is objected to under clause 6 of ernment spending should be subsidized rule XX. The Chaplain, the Reverend Daniel P. with the hard-earned money of Amer- Coughlin, offered the following prayer: Record votes on postponed questions ican taxpayers. will be taken after 6:30 p.m. today. ‘‘Go down, Moses, Unfortunately, the Democratic budg- Way down in Egypt land. et continues to squeeze taxpayers’ f Tell ole Pharaoh, pocketbooks without tightening the Let my people go.’’ CLIFFORD DAVIS/ODELL HORTON belt of Big Government. Such reckless FEDERAL BUILDING These lines from the old spiritual, policies will chill our growing economy Lord, gave human slavery voice and by reducing job creation. Mr. COHEN. Mr. Speaker, I move to hope. Its rundown rhythm muffled the In conclusion, God bless our troops, suspend the rules and pass the bill sound of the Underground Railroad and we will never forget September 11. (H.R. 753) to redesignate the Federal traveling through darkness to bring f building located at 167 North Main people freedom’s light. Street in Memphis, Tennessee, as the Lord, we pray that You help now all PHOTO IDENTIFICATION SECURITY ‘‘Clifford Davis/Odell Horton Federal those held captive in human bondage. ACT Building,’’ as amended. May the thousands caught in the (Mrs. BLACKBURN asked and was The Clerk read the title of the bill. clutches of slave labor and worse, in given permission to address the House The text of the bill is as follows:

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7629 H.R. 753 Marine Corps ‘‘as a vehicle to find a tus, and 2 years later closed his Mem- Be it enacted by the Senate and House of Rep- way out of Bolivar.’’ After an early dis- phis office. resentatives of the United States of America in charge, he enrolled in Morehouse Col- He is remembered in Memphis as a Congress assembled, lege in Atlanta, Georgia, using Federal calm and patient judge who carefully SECTION 1. REDESIGNATION. aid under the GI bill to finance his tui- and deliberately explained legal con- The Federal building located at 167 North cepts to jurors. He was a model for Main Street in Memphis, Tennessee, com- tion. The Korean War was under way monly known as the Clifford Davis Federal by the time he graduated in 1951, and judges because of his judicial tempera- Building, shall be known and designated as he returned for a second tour with the ment and set a standard in such re- the ‘‘Clifford Davis and Odell Horton Federal Marines. After a second tour, during gards. Judge Horton and his wife, Evie Building’’. which he graduated from the U.S. Navy Randolf, were married for over 50 years SEC. 2. REFERENCES. School of Journalism, Horton entered and have two sons, Odell Horton, Jr., Any reference in a law, map, regulation, Howard University Law School in and Christopher, who graduated from document, paper, or other record of the Washington, DC. He received his degree his alma mater, Morehouse College in United States to the Federal building re- from Howard in 1956, then moved to Atlanta. Judge Horton’s widow spoke ferred to in section 1 shall be deemed to be a reference to the ‘‘Clifford Davis and Odell Memphis to begin private practice in a for so many in his profession and per- Horton Federal Building’’. one-room office upstairs at 145 Beale sonal life when she stated after his The SPEAKER pro tempore. Pursu- Street in Memphis, the legendary death, ‘‘He was a rare and precious ant to the rule, the gentleman from Beale Street in Memphis. jewel in the crown of humanity and He served in private practice for 5 made all of our lives richer and better Tennessee (Mr. COHEN) and the gen- years from 1957 until 1962 and then was because he passed this way.’’ Indeed, tleman from Ohio (Mr. LATOURETTE) appointed Assistant U.S. Attorney in each will control 20 minutes. Mrs. Horton was correct. The Chair recognizes the gentleman Memphis. After being Assistant U.S. Judge Horton received many honors from Tennessee. Attorney, he served in other capacities. for his work from different bar associa- Mr. COHEN. Mr. Speaker, I am joined First of all, during Mayor Henry Lobe’s tions and institutions. He was a mem- in H.R. 753 by the entire Tennessee del- city administration, he was the first ber of the American Bar Association egation, and I am joined in a com- African American member of that ad- and Chair of the National Conference of panion bill with its authorship/sponsor- ministration, head of health and hos- Federal Trial Judges. He served as a ship of each of our Senators, LAMAR pitals. That was a tumultuous time in member of the Judicial Conference ALEXANDER and BOB CORKER. Memphis’ history. During that time, Committee on Defender Services, and GENERAL LEAVE Dr. King was killed in Memphis on Morehouse College awarded him an Mr. COHEN. Mr. Speaker, I ask unan- April 4, 1968, and we will observe that honorary degree of Doctor of Laws. imous consent that all Members may tragedy soon in Memphis. But Judge In the year 2000, the Memphis Bar As- have 5 legislative days within which to Horton, as an African American, had a sociation awarded Judge Horton with a revise and extend their remarks and in- difficult task. As such, he ordered the Public Service Award. He died Feb- clude extraneous material on H.R. 753. desegregation of the Bowld Hospital ruary 22, 2006. In honor of Judge Hor- The SPEAKER pro tempore. Is there which was the public hospital. That ton’s significant contributions to the objection to the request of the gen- was a great thing that he did in bring- legal community in Memphis and his tleman from Tennessee? ing Memphis forward. pioneering career, it is both fitting and There was no objection. A year after he did that in 1968, he re- proper to designate the courthouse lo- Mr. COHEN. Mr. Speaker, I yield my- ceived the L.M. Graves Memorial cated at 167 North Main Street in Mem- self such time as I may consume. Health Award for his efforts to advance phis as the Clifford Davis and Odell H.R. 753, sponsored by the entire Ten- the cause of health care in Memphis. Horton Federal Building. nessee delegation of both the House He later became a criminal court judge As Senator ALEXANDER mentioned on and the Senate, is to designate the appointed by then-Governor Buford the Senate floor, it is appropriate that Federal building in Memphis, Ten- Ellington. After serving on the crimi- this building have both the names of nessee, located at 167 North Main nal court bench, he went on to serve as Judge Horton, a great pioneer of the Street as the Clifford Davis and Odell president of LeMoyne-Owen College, an latter half of the 20th century, and Horton Federal Building. historically black college in Memphis, Clifford Davis, who was part of the first Judge Odell Horton was appointed to a liberal arts school where he served half of the 20th century, served as the United States District Court for for 4 years from 1970 to 1974. United States Congressman from 1940 the Western District of Tennessee by In 1974, Judge Horton ran for Shelby to 1965. It shows a continuum of his- President Jimmy Carter on May 12, County district attorney general. Al- tory, a growth of history, and history 1980. He was brought to the attention though he lost by just about 4,000 is a process. The naming of this build- of President Carter by then-Senator votes, he came very close, and it was a ing for Judge Horton as well as former Jim Sasser and through a proposal by historic election that set a precedent Congressman Clifford Davis shows Lieutenant Governor John Wilder who for other individuals running for office progress in Memphis, progress in race represented the district that Judge and being elected on their merits and relations, and progress among human Horton grew up in Bolivar, Tennessee. not based on their race. He received beings. Judge Horton in 1980 was the first Af- over 23 percent of the Caucasian vote, Accordingly, I ask for unanimous rican American Federal judge ap- which was unheard of at the time, and passage of the bill. pointed to the bench in Tennessee since it showed the respect that he had from Mr. Speaker, I reserve the balance of Reconstruction. He has many firsts as all sections of the community. my time. an African American, but he has more He returned to Federal service after Mr. LATOURETTE. Mr. Speaker, I regard simply as an outstanding jurist, being at LeMoyne-Owen and after hav- yield myself such time as I may con- attorney, soldier and human being. ing unsuccessfully sought the DA’s job sume. He was born May 13, 1929, in Bolivar, as reporter for the Speedy Trial Act H.R. 753, as amended, designates the Tennessee, and grew up during the De- Implementation Committee by the Clifford Davis Federal Building in pression and the Second World War. Western District Court. After that, he Memphis, Tennessee, as the Clifford His father was a laborer and his mother served as a U.S. bankruptcy judge from Davis and Odell Horton Federal Build- took in laundry. The children, four 1976 to 1980. Then he received the ap- ing. The bill honors Judge Horton’s boys and a girl, picked cotton, stacked pointment from President Carter. Then dedication to public service. lumber, and took other odd jobs to from January 1, 1987, until December After service in the United States make ends meet. 31, 1993, he served as the chief judge for Marines during the Korean War and ac- Judge Horton graduated from Bolivar the Western District of Tennessee. On quiring a law degree from Howard Uni- High School in 1946 and enlisted in the May 16, 1995, he took senior judge sta- versity, Judge Horton engaged in the

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7630 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 private practice of law from 1957 until Implementation Committee by the Western SEC. 2. REFERENCES. 1962. District Court of Tennessee. He later served Any reference in a law, map, regulation, as U.S. Bankruptcy Judge from 1976 to 1980. document, paper, or other record of the b 1415 United States to the United States custom- Judge Horton also served as Chief Judge for house building referred to in section 1 shall His career included serving as an As- the Western District of Tennessee from Janu- sistant United States Attorney in be deemed to be a reference to the ‘‘Rafael ary 1, 1987, until December 31, 1993. On May ´ Memphis, an appointment to the Shel- Martınez Nadal United States Customhouse 16, 1995, he took senior status and retired two Building’’. by County Criminal Court, and serving years later. The SPEAKER pro tempore. Pursu- as the President of LeMoyne-Owen Col- Judge Horton was a member of the Amer- lege. ant to the rule, the gentleman from ican Bar Association and Chair of the National Judge Horton was appointed to the Tennessee (Mr. COHEN) and the gen- Conference of Federal Trial Judges. He also United States District Court for the tleman from Ohio (Mr. LATOURETTE) Western District of Tennessee by Presi- served as a member of the Judicial Con- each will control 20 minutes. dent Carter in 1980. He served as its ference Committee on Defender Services. The Chair recognizes the gentleman chief judge from 1987 to 1993 and be- Morehouse College honored him with an Hon- from Tennessee. came a senior judge on May 16, 1995. orary Degree of Doctor of Laws. In 2000, the GENERAL LEAVE Two years later, he retired from the Memphis Bar Association awarded Judge Hor- Mr. COHEN. Mr. Speaker, I ask unan- Federal bench; and, sadly, Judge Hor- ton with a Public Service Award. imous consent that all Members may ton passed away last year on February Judge Horton died February 22, 2006, at have 5 legislative days within which to 22. Baptist Memorial Hospital in Memphis, Ten- revise and extend their remarks and in- I support this legislation and encour- nessee, and was buried in Elmwood Cemetery clude extraneous material on H.R. 1019. age our colleagues to do the same. in Memphis. The SPEAKER pro tempore. Is there Mr. OBERSTAR. Mr. Speaker, I rise in In honor of Judge Horton’s outstanding con- objection to the request of the gen- strong support of H.R. 753, a bill to re-des- tributions to the legal community in Memphis tleman from Tennessee? ignate the Federal building located at 167 and his exemplary professional career, it is There was no objection. North Main Street in Memphis, Tennessee, as both fitting and proper to designate the court- Mr. COHEN. Mr. Speaker, I yield my- the ‘‘Clifford Davis and Odell Horton Federal house located on 167 North Main Street in self such time as I may consume. Building’’. Memphis, Tennessee, as the ‘‘Clifford Davis Mr. Speaker, H.R. 1019 is a bill to des- Odell Horton was appointed to the United and Odell Horton Federal Building’’. ignate the United States Customhouse States District Court for the Western District of I urge my colleagues to support this bill. Building located at 31 Gonzalez Tennessee by President Jimmy Carter on May Mr. LATOURETTE. Mr. Speaker, I Clemente Avenue in Mayaguez, Puerto 12, 1980. He was the first African-American yield back the balance of my time. Rico, as the Rafael Martinez Nadal Federal Judge appointed in Tennessee since Mr. COHEN. Mr. Speaker, I yield United States Customhouse Building. Reconstruction. back my time. Although Don Rafael Martinez Nadal Judge Horton was born in Boliver, Ten- The SPEAKER pro tempore. The was born in the city of Mayaguez on nessee. He grew up during the Depression question is on the motion offered by April 22, 1877, he resided and passed and World War II in an environment he de- the gentleman from Tennessee (Mr. away in Guaynabo. He received his col- scribed as ‘‘typically rural Southern and typi- COHEN) that the House suspend the lege degree in philosophy and letters cally segregated, with all the attendant con- rules and pass the bill, H.R. 753, as from the Provincial Institute of Sec- sequences of that.’’ He was the oldest of five amended. ondary Education in San Juan. At 16, children to hard-working parents. During his The question was taken; and (two- he was sent to Barcelona, Spain, to childhood, he and his brothers and sister thirds being in the affirmative) the study law. picked cotton to help support the family. rules were suspended and the bill, as In August, 1904, he returned to Maya- Horton graduated from high school in 1946 amended, was passed. guez and began to study coffee growing and enlisted in the Marine Corps ‘‘as a vehicle The title was amended so as to read: agriculture. Simultaneously, he began to find a way out of Bolivar.’’ Ten months later, ‘‘A bill to redesignate the Federal his first successful attempts in the he took advantage of an early discharge pro- building located at 167 North Main media and politics with the Puerto gram designed to reduce the number of men Street in Memphis, Tennessee, as the Rican Republican Party. In 1908, he in the military, and enrolled in Morehouse Col- ‘‘Clifford Davis and Odell Horton Fed- founded the political newspaper El lege in Atlanta, Georgia, using Federal aid eral Building’.’’. Combate. In 1912, he obtained his law under the GI bill to finance his tuition. The Ko- A motion to reconsider was laid on degree and became one of the most rean War was underway by the time he grad- the table. prominent men in the Puerto Rican po- uated in 1951, and he returned for a second f litical arena. He was considered one of tour of duty in the Marines. RAFAEL MARTINEZ NADAL the most famous criminal lawyers of During his second tour, he graduated from UNITED STATES CUSTOMHOUSE the time. the U.S. Navy School of Journalism. After re- BUILDING In 1914, he was elected as a member turning home, Horton entered Howard Univer- of the Chamber of Delegates for the Mr. COHEN. Mr. Speaker, I move to sity Law School in Washington, DC. He re- city of Ponce by the Puerto Rican Re- suspend the rules and pass the bill ceived his law degree in 1956 and moved to publican Party. In 1920, he was chosen (H.R. 1019) to designate the United Memphis, Tennessee, where he started a pri- by the same party to serve in the Sen- States Customhouse Building located vate law practice. ate and was re-elected in the next five In 1962, Horton became Assistant United at 31 Gonzalez Clemente Avenue in Ma- general elections. When the alliance of States Attorney in Memphis. He remained in yaguez, Puerto Rico, as the ‘‘Rafael the Union of Puerto Rico Party and the that position until his appointment to the Shel- Martinez Nadal United States Custom- Puerto Rican Republican Party formed by County Criminal Court by Governor Buford house Building’’. in 1924, Nadal left the Republican The Clerk read the title of the bill. Ellington. In 1968, Judge Horton ordered the Party and initiated a political move- The text of the bill is as follows: desegregation of Bowld Hospital. A year later, ment called the Pure Republican he received the L.M. Graves Memorial Health H.R. 1019 Party, which registered officially as Award for his efforts to advance the cause of Be it enacted by the Senate and House of Rep- the Historical Constitutional Party. resentatives of the United States of America in Later, he founded the Republican health care in Memphis. Judge Horton Congress assembled, stepped down from his Federal judgeship to Union, working to advance the ideal of SECTION 1. DESIGNATION. statehood for Puerto Rico. In coalition serve as President of LeMayne-Owen College, The United States customhouse building a predominately African-American liberal arts located at 31 Gonzalez Clemente Avenue in with the Socialist Party, the Repub- college. Mayagu¨ ez, Puerto Rico, shall be known and lican Union triumphed in the general He returned to Federal service upon his ap- designated as the ‘‘Rafael Martı´nez Nadal elections of 1932 and 1936. In both pointment as reporter for the Speedy Trial Act United States Customhouse Building’’. terms, Nadal presided over the Senate.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7631 Before the election of 1940, because of a In 1914, he was elected as a member of the tion 1 shall be deemed to be a reference to serious illness, he returned to his Chamber of Delegates for the city of Ponce by the ‘‘J. Herbert W. Small Federal Building Guaynabo residence. He died there on the Puerto Rican Republican Party. In 1920, and United States Courthouse’’. July 6, 1941. he was chosen by the same party to serve in The SPEAKER pro tempore. Pursu- In honor of Rafael Martinez Nadal’s the Senate and was re-elected in the next five ant to the rule, the gentleman from outstanding contributions to the Com- general elections. Nadal left the Puerto Rican Tennessee (Mr. COHEN) and the gen- monwealth of Puerto Rico and his ex- Republican Party and launched a political tleman from Ohio (Mr. LATOURETTE) emplary professional writing career, it movement that became known as the Histor- each will control 20 minutes. is both fitting and proper to designate ical Constitutional Party. Later, he founded the The Chair recognizes the gentleman the courthouse located at 31 Gonzalez Republican Union, working to advance the from Tennessee. Clemente Avenue in Mayaguez, Puerto cause of Puerto Rican statehood. In coalition GENERAL LEAVE Rico, as the ‘‘Rafael Martinez Nadal with the Socialist Party, the Republican Union Mr. COHEN. Mr. Speaker, I ask unan- United States Customhouse Building.’’ triumphed in the general elections of 1932 and imous consent that all Members may Mr. Speaker, I reserve the balance of 1936. In both terms, Martinez Nadal presided have 5 legislative days in which to re- my time. over the Senate. Before the election of 1940, vise and extend their remarks and in- Mr. LATOURETTE. Mr. Speaker, I because of a serious illness, he returned to clude extraneous material on H.R. 1138. yield myself such time as I may con- his Guaynabo residence. He died on July 6, The SPEAKER pro tempore. Is there sume. objection to the request of the gen- Mr. Speaker, H.R. 1019, introduced by 1941. In honor of Rafael Martinez Nadal’s out- tleman from Tennessee? my friend and colleague, Congressman standing contributions to the Commonwealth There was no objection. FORTUN˜ O of Puerto Rico, designates the of Puerto Rico, it is both fitting and proper to Mr. COHEN. Mr. Speaker, I yield my- United States Customhouse Building self such time as I may consume. located at 31 Gonzalez Clemente Ave- designate the courthouse located at 31 Gon- zalez Clemente Avenue in Mayaguez, Puerto Mr. Speaker, H.R. 1138 is a bill to des- nue in Mayaguez, Puerto Rico, as the ignate the Federal building and United ‘‘Rafael Martinez Nadal United States Rico, as the ‘‘Rafael Martinez Nadal United States Customhouse Building’’. States courthouse located at 306 East Customhouse Building.’’ This bill hon- Main Street, Elizabeth City, North ors Rafael Martinez Nadal’s contribu- I urge my colleagues to support this bill. Mr. LATOURETTE. Mr. Speaker, if Carolina, as the J. Herbert W. Small tions to the Commonwealth of Puerto Federal Building and United States Rico. the majority has no additional speak- Rafael Martinez Nadal was born in ers, I yield back the balance of my Courthouse. J. Herbert W. Small, a lifelong resi- the city of Mayaguez on April 22, 1877. time. dent of Elizabeth City, North Carolina, In 1912, he became a lawyer and entered Mr. COHEN. Mr. Speaker, I am proud the Puerto Rican political arena. He to be here on this bipartisan Federal is a graduate of the University of Vir- was considered one of the most famous customs building, and I yield back my ginia Engineering School and the Uni- criminal lawyers in Puerto Rico at time. versity of North Carolina Law School. that time. The SPEAKER pro tempore. The He began the practice of law in 1949 and In 1914, Rafael Martinez Nadal was question is on the motion offered by continued in his chosen field for over elected to Puerto Rico’s House of Rep- the gentleman from Tennessee (Mr. five decades. During his professional resentatives for the District of Ponce. COHEN) that the House suspend the career, he was a member of the First In 1920, he was elected to Puerto Rico’s rules and pass the bill, H.R. 1019. Judicial District Bar Association, the Senate, where he served as its Presi- The question was taken; and (two- American Bar Association and the dent from 1932 to 1940. thirds being in the affirmative) the North Carolina Bar Association. Rafael Martinez Nadal was a strong rules were suspended and the bill was In 1974, Judge Small was elected defender of statehood in Puerto Rico passed. judge of Superior Court of the First Ju- and has been described as a political A motion to reconsider was laid on dicial District and served as Senior leader, a writer, a successful business- the table. Resident Judge for 17 years. Judge man, a brilliant orator and a distin- f Small is an active volunteer, serving guished lawyer. He passed away in July on the Board of Directors of the Albe- J. HERBERT W. SMALL FEDERAL marle Hospital and the American Red of 1941. BUILDING AND UNITED STATES I support this legislation, congratu- Cross. He has received numerous COURTHOUSE late my friend Congressman FORTUN˜ O, awards and honors from the Jaycees, and urge our colleagues to do the same. Mr. COHEN. Mr. Speaker, I move to Boy Scouts, Volunteer Firemen, Cham- Mr. OBERSTAR. Mr. Speaker, I rise in suspend the rules and pass the bill ber of Commerce, and the Rotary and strong support of H.R. 1019, a bill to des- (H.R. 1138) to designate the Federal Elks clubs. Further, Judge Small, a ignate the United States customhouse building building and United States courthouse World War II veteran, served in the located at 31 Gonzalez Clemente Avenue in located at 306 East Main Street in Eliz- United States Navy for 3 years. Mayaguez, Puerto Rico, as the ‘‘Rafael Mar- abeth City, North Carolina, as the ‘‘J. Judge Small is an outstanding jurist, tinez Nadal United States Customhouse Build- Herbert W. Small Federal Building and civic leader, mentor and volunteer. I ing’’. United States Courthouse’’. support this bill and urge its passage. Don Rafael Martı´nez Nadal was born in the The Clerk read the title of the bill. Mr. Speaker, I reserve the balance of city of Mayaguez on April 22, 1877. He re- The text of the bill is as follows: my time. ceived his college degree in Philosophy and H.R. 1138 Mr. LATOURETTE. Mr. Speaker, I Letters from the Provincial Institute of Sec- Be it enacted by the Senate and House of Rep- yield myself such time as I may con- ondary Education in San Juan. resentatives of the United States of America in sume. He pursued studies in Barcelona, Spain, Congress assembled, Mr. Speaker, H.R. 1138 designates the and Paris, France. He returned to Mayaguez SECTION 1. DESIGNATION. Federal building and United States in 1904 and began studying the cultivation of The Federal building and United States courthouse located at 306 East Main coffee. Simultaneously, he pursued his interest courthouse located at 306 East Main Street Street in Elizabeth City, North Caro- in media and politics and joined the Puerto in Elizabeth City, North Carolina, shall be lina, as the J. Herbert W. Small Fed- Rican Republican Party. In 1908, he founded known and designated as the ‘‘J. Herbert W. eral Building and United States Court- Small Federal Building and United States the political newspaper El Combate. In 1912, Courthouse’’. house. The bill honors Judge Small’s he obtained his law degree, and became one SEC. 2. REFERENCES. service to the legal profession. of the most prominent men of the Puerto Any reference in a law, map, regulation, Judge Small served in the United Rican political arena. He was considered one document, paper, or other record of the States Navy during the Second World of the most famous criminal lawyers in Puerto United States to the Federal building and War and received a law degree from the Rico of his time. United States courthouse referred to in sec- University of North Carolina Law

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7632 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 School at Chapel Hill. He began the lina. He served in this capacity for 17 for his dedication, and his great and ex- practice of law in 1949 and practiced for years. He was honored by his peers traordinary leadership. over five decades. when he was elected President of the I thank the gentleman from Mary- His career included serving on the North Carolina Conference of Superior land for yielding me time, and I thank Congressional Committee on Intergov- Court Judges. During this time, he rep- the gentleman from Ohio for his work ernmental Relations, as county attor- resented the conference on the North on this matter. ney for Pasquotank County, and as Carolina Policy and Sentencing Com- I urge my colleagues today to vote judge of the Superior Court of the First mission. ‘‘yes’’ on H.R. 1138. Judicial District. Judge Small served In the early days of Judge Small’s as Senior Resident Judge for 17 years. service as a trial judge, I appeared be- Mr. LATOURETTE. Mr. Speaker, I I support this legislation and encour- fore him as a lawyer, representing both yield myself as much time as I might age my colleagues to do the same. civil and criminal clients. He was a consume to congratulate the gen- Mr. Speaker, I reserve the balance of firm but fair judge, treating everyone tleman from North Carolina (Mr. my time. who came before his court with re- BUTTERFIELD) for his legislation today Mr. COHEN. Mr. Speaker, I yield spect. and also to advise my friend from Ten- such time as he may consume to the And then Mr. Speaker, I had the nessee I have no further speakers and if honorable gentleman from North Caro- privilege of being able to call Judge he is in the same position, I yield back lina (Mr. BUTTERFIELD), the sponsor of Small my judicial colleague. When I the balance of my time. the bill. was elected as a Superior Court Judge Mr. COHEN. I join in congratulating Mr. BUTTERFIELD. Mr. Speaker, let in 1988, Judge Small had preceded me the gentleman from North Carolina. me first thank the gentleman from to the bench by several years. He wel- Mr. OBERSTAR. Mr. Speak, I rise in strong Tennessee for yielding the time to me comed me among the ranks of Superior support of H.R. 1138, a bill to designate the to speak to this very important piece Court Judges, and our friendship con- Federal building and United States courthouse of legislation. tinued to evolve. located at 306 East Main Street, in Elizabeth Mr. Speaker, I rise today to honor an Mr. Speaker, Herb Small is a legal City, North Carolina, as the ‘‘J. Herbert W. outstanding jurist and community scholar; and our courts benefited in so Small Federal Building and United States leader by seeking to name the Federal many ways because of his intellect. Courthouse’’. building in Elizabeth City, North Caro- Now, I am very proud to call Judge J. Herbert W. Small is a life-long resident of lina, as the J. Herbert Small Federal Small a constituent. He is retired. He Elizabeth City, North Carolina. He is a grad- Building and United States Court- is happily retired, living in Elizabeth uate of the University of Virginia Engineering house. City, North Carolina, which is one of School, and the University of North Carolina I want to thank my good friend, my 23 communities in my congres- Law School at Chapel Hill. He began prac- Chairman OBERSTAR, and Ranking sional district. Herb Small is a trusted ticing law in 1949 and continued in his chosen Member MICA for their outstanding friend and a good adviser. field for more than five decades. During his leadership in quickly moving this leg- Judge Small served as chairman of professional career, he was a member of the islation through their committee. I the Albemarle Hospital Board of Direc- First Judicial District Bar Association, the would also like to thank each member tors and as Chairman of the American American Bar Association, and the North of the entire North Carolina delega- Red Cross Chapter. He has been ac- Carolina Bar Association. tion, Democrat and Republican, for tively engaged in other civic and chari- their collective support of this impor- table and service organizations, includ- He began his career as Special Counsel to tant bill. ing the Jaycees and the Boy Scouts the Congressional Committee on Intergovern- Mr. Speaker, J. Herbert Small is a and Volunteer Firemen, Chamber of mental Relations. Judge Small later served as lifelong resident of Elizabeth City, Commerce and the Rotary Club and the County Attorney for Pasquotank County. In North Carolina. He has devoted 52 long Elks Club and the Red Men and so on. 1979, Judge Small was elected Judge of Su- years of his professional life to the He was given the Distinguished Service perior Court of the First Judicial District and practice of law and to the administra- Award by the Jaycees, the Volunteer of served as senior resident judge for 17 years. tion of justice in eastern North Caro- the Year Award by the Chamber of Judge Small is an active volunteer, serving on lina. Commerce, and the Order of the Long the Board of Director of the Albemarle Hos- Herb Small began his law practice in Leaf Pine by the State of North Caro- pital and the American Red Cross. He has re- Elizabeth City in 1949 after graduating lina for outstanding community in- ceived numerous awards and honors from the from the School of Law at the Univer- volvement. Jaycees, the Boy Scouts, the Volunteer Fire- sity of North Carolina at Chapel Hill. Very importantly, Mr. Speaker, dur- man, the Chamber of Commerce, and the Ro- He served as Special Counsel to the ing World War II, Judge Small served 3 tary and Elks clubs. Further, Judge Small was Congressional Committee on Intergov- years in the United States Navy; and a World War II veteran and served in the U.S. ernmental Relations and later served 8 our country is proud of and thanks him Navy for three years. years as county attorney for the Coun- for his service. Judge Small is an outstanding mentor and ty of Pasquotank. Judge Small has been married to a volunteer. For more than five decades, he has He was elected as district attorney wonderful individual, Mrs. Annette been an exceptional jurist and civic leader. It for the First Judicial District of North Ward Small, for many years. They have is fitting and proper to honor his outstanding Carolina for three consecutive terms. four children, Elizabeth, John Herbert, contributions with this designation. During his tenure, he served as chair- Fran and Carol; and they have nine I urge my colleagues to support the bill. man of the District Attorneys Advisory grandchildren, Rachel, Matthew, John, Mr. COHEN. Mr. Speaker, I yield Committee, was President of the Dis- Mary, Margaret, Ruth, Allison Katie, back the balance of my time. trict Attorneys Association and was and Chris. The SPEAKER pro tempore. The appointed by the Governor to the Jail question is on the motion offered by Study Commission. b 1430 It was when Mr. Small was a district Mr. Speaker, I can think of no finer the gentleman from Tennessee (Mr. attorney that our paths first met. As a individual and no person who is more COHEN) that the House suspend the young lawyer, I opposed him in the deserving of this high honor than rules and pass the bill, H.R. 1138. courtroom on several occasions. He was Judge J. Herbert Small. I can assure The question was taken; and (two- a strong and effective district attor- you that Judge Small is humbled and thirds being in the affirmative) the ney. honored by this recognition. The peo- rules were suspended and the bill was In 1979, Herb Small was elected as ple of Elizabeth City and the First Con- passed. Resident Superior Court Judge for the gressional District of North Carolina A motion to reconsider was laid on First Judicial District of North Caro- are grateful for his community service, the table.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7633 MARITIME POLLUTION ‘‘(i) the navigable waters of the United of Engine International Air Pollution Pre- PREVENTION ACT OF 2007 States; vention certificates shall be consistent with ‘‘(ii) an emission control area designated any applicable requirements of the Clean Air Mr. CUMMINGS. Mr. Speaker, I move under section 4; or Act or regulations prescribed under that Act. to suspend the rules and pass the bill ‘‘(iii) any other area that the Adminis- ‘‘(2) The Administrator shall have author- (H.R. 802) to amend the Act to Prevent trator, in consultation with the Secretary ity to administer regulations 12, 13, 14, 15, 16, Pollution from ships to implement and each State in which any part of the area 17, 18, and 19 of Annex VI to the Convention. MARPOL Annex VI, as amended. is located, has designated by order as being ‘‘(3) The Administrator shall, only as speci- The Clerk read the title of the bill. an area from which emissions from ships are fied in section 8(f), have authority to enforce The text of the bill is as follows: of concern with respect to protection of pub- Annex VI of the Convention.’’; H.R. 802 lic health, welfare, or the environment; and (2) in subsection (c), as redesignated, by re- Be it enacted by the Senate and House of Rep- ‘‘(D) to the extent consistent with inter- designating paragraph (2) as paragraph (4), resentatives of the United States of America in national law, to any other ship that is in— and inserting after paragraph (1) the fol- Congress assembled, ‘‘(i) the exclusive economic zone of the lowing: United States; ‘‘(2) In addition to the authority the Sec- SECTION 1. SHORT TITLE. retary has to prescribe regulations under This Act may be cited as the ‘‘Maritime ‘‘(ii) the navigable waters of the United this Act, the Administrator shall also pre- Pollution Prevention Act of 2007’’. States; ‘‘(iii) an emission control area designated scribe any necessary or desired regulations SEC. 2. REFERENCES. to carry out the provisions of regulations 12, Wherever in this Act an amendment or re- under section 4; or ‘‘(iv) any other area that the Adminis- 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the peal is expressed in terms of an amendment Convention. to or a repeal of a section or other provision, trator, in consultation with the Secretary and each State in which any part of the area ‘‘(3) In prescribing any regulations under the reference shall be considered to be made this section, the Secretary and the Adminis- to a section or other provision of the Act to is located, has designated by order as being an area from which emissions from ships are trator shall consult with each other, and Prevent Pollution from Ships (33 U.S.C. 1901 with respect to regulation 19, with the Sec- et seq.). of concern with respect to protection of pub- lic health, welfare, or the environment.’’; retary of the Interior.’’; and SEC. 3. DEFINITIONS. (3) by adding at the end of subsection (c), Section 2(a) (33 U.S.C. 1901(a)) is amended— (2) in subsection (b)— (A) in paragraph (1) by striking ‘‘paragraph as redesignated, the following: (1) by redesignating the paragraphs (1) ‘‘(5) No standard issued by any person or (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; through (12) as paragraphs (2) through (13), Federal authority, with respect to emissions and respectively; from tank vessels subject to regulation 15 of (B) by adding at the end the following: (2) by inserting before paragraph (2) (as so Annex VI to the Convention, shall be effec- ‘‘(3) With respect to Annex VI the Adminis- redesignated) the following: tive until 6 months after the required notifi- trator, or the Secretary, as relevant to their ‘‘(1) ‘Administrator’ means the Adminis- cation to the International Maritime Organi- authorities pursuant to this Act, may deter- trator of the Environmental Protection zation by the Secretary.’’. Agency.’’; mine that some or all of the requirements under this Act shall apply to one or more SEC. 6. CERTIFICATES. (3) in paragraph (5) (as so redesignated) by Section 5 (33 U.S.C. 1904) is amended— classes of public vessels, except that such a striking ‘‘and V’’ and inserting ‘‘V, and VI’’; (1) in subsection (a) by striking ‘‘The Sec- determination by the Administrator shall (4) in paragraph (6) (as so redesignated) by retary’’ and inserting ‘‘Except as provided in have no effect unless the head of the Depart- striking ‘‘ ‘discharge’ and ‘garbage’ and section 4(b)(1), the Secretary’’; ment or agency under which the vessels op- ‘harmful substance’ and ‘incident’ ’’ and in- (2) in subsection (b) by striking ‘‘Secretary erate concurs in the determination. This serting ‘‘ ‘discharge’, ‘emission’, ‘garbage’, under the authority of the MARPOL pro- paragraph does not apply during time of war ‘harmful substance’, and ‘incident’ ’’; and tocol.’’ and inserting ‘‘Secretary or the Ad- or during a declared national emergency.’’; (5) by redesignating paragraphs (7) through ministrator under the authority of this (3) by redesignating subsections (c) (13) (as redesignated) as paragraphs (8) Act.’’; and through (g) as subsections (d) through (h), through (14), respectively, and inserting (3) in subsection (e) by striking ‘‘environ- respectively, and inserting after subsection after paragraph (6) (as redesignated) the fol- ment.’’ and inserting ‘‘environment or the (b) the following: lowing: public health and welfare.’’. ‘‘(7) ‘navigable waters’ includes the terri- ‘‘(c) APPLICATION TO OTHER PERSONS.—This SEC. 7. RECEPTION FACILITIES. torial sea of the United States (as defined in Act shall apply to all persons to the extent Section 6 (33 U.S.C. 1905) is amended— Presidential Proclamation 5928 of December necessary to ensure compliance with Annex (1) in subsection (a) by adding at the end 27, 1988) and the internal waters of the VI to the Convention.’’; and (4) in subsection (e), as redesignated— the following: United States;’’. ‘‘(3) The Secretary and the Administrator, (A) by inserting ‘‘or the Administrator, SEC. 4. APPLICABILITY. after consulting with appropriate Federal consistent with section 4 of this Act,’’ after Section 3 (33 U.S.C. 1902) is amended— agencies, shall jointly prescribe regulations ‘‘Secretary’’; (1) in subsection (a)— setting criteria for determining the ade- (B) by striking ‘‘of section (3)’’ and insert- (A) by striking ‘‘and’’ at the end of para- quacy of reception facilities for receiving ing ‘‘of this section’’; and graph (3); ozone depleting substances, equipment con- (C) by striking ‘‘Protocol, including regu- (B) by striking the period at the end of taining such substances, and exhaust gas lations conforming to and giving effect to paragraph (4) and inserting ‘‘; and’’; and cleaning residues at a port or terminal, and (C) by adding at the end the following: the requirements of Annex V’’ and inserting stating any additional measures and require- ‘‘(5) with respect to Annex VI to the Con- ‘‘Protocol (or the applicable Annex), includ- ments as are appropriate to ensure such ade- vention, and other than with respect to a ing regulations conforming to and giving ef- quacy. Persons in charge of ports and termi- ship referred to in paragraph (1)— fect to the requirements of Annex V and nals shall provide reception facilities, or en- ‘‘(A) to a ship that is in a port, shipyard, Annex VI’’. sure that reception facilities are available, offshore terminal, or the internal waters of SEC. 5. ADMINISTRATION AND ENFORCEMENT. in accordance with those regulations. The the United States; Section 4 (33 U.S.C. 1903) is amended— Secretary and the Administrator may joint- ‘‘(B) to a ship that is bound for, or depart- (1) by redesignating subsections (b) and (c) ly prescribe regulations to certify, and may ing from, a port, shipyard, offshore terminal, as subsections (c) and (d), respectively, and issue certificates to the effect, that a port’s or the internal waters of the United States, inserting after subsection (a) the following: or terminal’s facilities for receiving ozone and is in— ‘‘(b) DUTY OF THE ADMINISTRATOR.—In addi- depleting substances, equipment containing ‘‘(i) the navigable waters of the United tion to other duties specified in this Act, the such substances, and exhaust gas cleaning States; Administrator and the Secretary, respec- residues from ships are adequate.’’; ‘‘(ii) an emission control area designated tively, shall have the following duties and (2) in subsection (b) by inserting ‘‘or the pursuant to section 4; or authorities: Administrator’’ after ‘‘Secretary’’; ‘‘(iii) any other area that the Adminis- ‘‘(1) The Administrator shall, and no other (3) in subsection (e) by striking paragraph trator, in consultation with the Secretary person may, issue Engine International Air (2) and inserting the following: and each State in which any part of the area Pollution Prevention certificates in accord- ‘‘(2) The Secretary may deny the entry of is located, has designated by order as being ance with Annex VI and the International a ship to a port or terminal required by the an area from which emissions from ships are Maritime Organization’s Technical Code on MARPOL Protocol, this Act, or regulations of concern with respect to protection of pub- Control of Emissions of Nitrogen Oxides prescribed under this section relating to the lic health, welfare, or the environment; from Marine Diesel Engines, on behalf of the provision of adequate reception facilities for ‘‘(C) to a ship that is entitled to fly the United States for a vessel of the United garbage, ozone depleting substances, equip- flag of, or operating under the authority of, States as that term is defined in section 116 ment containing those substances, or ex- a party to Annex VI, and is in— of title 46, United States Code. The issuance haust gas cleaning residues, if the port or

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7634 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 terminal is not in compliance with the As the chairman of the Coast Guard Prevention of Pollution from Ships MARPOL Protocol, this Act, or those regula- and Maritime Transportation Sub- treaty, known as MARPOL, which was tions.’’; committee, I am pleased that the first adopted in 1973. This groundbreaking (4) in subsection (f)(1) by striking ‘‘Sec- piece of maritime legislation to be convention has already successfully retary is’’ and inserting ‘‘Secretary and the Administrator are’’; and brought to the floor by the Committee limited all pollution and pollution (5) in subsection (f)(2) by striking ‘‘(A)’’. on Transportation and Infrastructure from ships’ garbage and sewage. The SEC. 8. INSPECTIONS. is a bill that will enable us to combat most recent annex to MARPOL conven- Section 8(f) (33 U.S.C. 1907(f)) is amended to pollution emitted by ships. tion, Annex VI, sets limits on emis- read as follows: The Maritime Pollution Prevention sions from ships of sulfur oxide and ni- ‘‘(f)(1) The Secretary may inspect a ship to Act of 2007, H.R. 802, would institute trogen oxide. This annex also estab- which this Act applies as provided under sec- the legal changes needed to bring the lishes specific limits on the sulfur con- tion 3(a)(5), to verify whether the ship is in United States into compliance with the tent of fuel oil used in ships. compliance with Annex VI to the Convention International Convention for the Pre- The measure before us today, H.R. and this Act. vention of Pollution from Ships, the 802, is a bipartisan measure that would ‘‘(2) If an inspection under this subsection MARPOL Convention Annex VI. or any other information indicates that a bring United States law into compli- violation has occurred, the Secretary, or the MARPOL Annex VI limits the emis- ance with the requirements of Administrator in a matter referred by the sions from ships of sulfur oxide and ni- MARPOL Annex VI. The substitute Secretary, may undertake enforcement ac- trogen oxide, which are ozone-deplet- amendment clarifies that the MARPOL tion under this section. ing substances. The Annex VI treaty Annex VI amendments apply only to ‘‘(3) Notwithstanding subsection (b) and was ratified by the Senate in April 2006 vessels in the United States’ exclusive paragraph (2) of this subsection, the Admin- and came into force internationally in economic zone once Annex VI becomes istrator shall have all of the authorities of May of 2006. customary maritime law. the Secretary, as specified in subsection (b) According to the United States De- of this section, for the purposes of enforcing The amendment also requires the partment of Transportation, ocean- EPA to consult with a State when es- regulations 17 and 18 of Annex VI to the Con- going ships transport 80 percent by vention to the extent that shoreside viola- tablishing an emission area and re- tions are the subject of the action and in any weight of all goods and services moved quires that regulations regarding re- other matter referred to the Administrator into and out of the United States. The ception facilities be jointly prescribed volume of trade through U.S. ports is by the Secretary.’’. by the Environmental Protection only expected to increase. SEC. 9. AMENDMENTS TO THE PROTOCOL. Agency and the United States Coast In fact, the United States Maritime Section 10(b) (33 U.S.C. 1909(b)) is amended Guard. Through our participation in by inserting ‘‘or the Administrator as pro- Administration estimates that the Annex VI, the United States will con- vided for in this Act,’’ after ‘‘Secretary,’’. total volume of trade handled by tribute to a global effort to control a SEC. 10. PENALTIES. United States ports will double in the Section 9 (33 U.S.C. 1908) is amended— next 15 years. Unfortunately, the ships large source of ozone-depleting emis- (1) by striking ‘‘Protocol,,’’ each place it on which we rely to carry the trade sions that has been virtually unregu- appears and inserting ‘‘Protocol,’’; that keeps our economy growing re- lated to this point. (2) in subsection (b)— lease excessive amounts of pollution. Mr. Speaker, our natural resources (A) by inserting ‘‘, or the Administrator as In fact, according to a very dis- are our most precious gifts, and we are provided for in this Act’’ after ‘‘Secretary’’ merely the stewards of these resources, the first place it appears; turbing study released just last week by the International Council on Clean responsible for preserving them for (B) in paragraph (2), by inserting ‘‘, or the generations yet unborn. Administrator as provided for in this Act,’’ Transportation, the sulfur oxide emis- after ‘‘Secretary’’; and sions from ocean-going ships may ex- When you go into Sea World and Dis- (C) in the matter after paragraph (2)— ceed the total amount of such emis- ney World, one of the things the signs (i) by inserting ‘‘, or the Administrator as sions produced by cars, trucks and that are written there say, ‘‘We do not provided for in this Act’’ after ‘‘Secretary’’ buses in the world. Further, the Inter- inherit our environment from our par- the first place it appears; and national Maritime Organization, also ents; we borrow it from our children.’’ (ii) by inserting ‘‘, or the Administrator as known as IMO, estimates that as much I applaud Chairman OBERSTAR for his provided for in this Act,’’ after ‘‘Secretary’’ outstanding leadership on this issue the second and third places it appears; as 80 percent of all ship emissions may be released within 250 miles of shore. and for his commitment to imple- (3) in subsection (c), by inserting ‘‘, or the menting measures that will help us Administrator as provided for in this Act,’’ That means that much of the pollu- after ‘‘Secretary’’ each place it appears; and tion emitted by ships is affecting the combat the release of emissions from (4) in subsection (f), by inserting ‘‘, or the residents of port communities such as mobile sources that are contributing to Administrator as provided for in this Act’’ my hometown of Baltimore. The emis- global warming. after ‘‘Secretary’’ the first place appears. sions of sulfur oxide from ships are also I also thank our ranking member, SEC. 11. EFFECT ON OTHER LAWS. high because the bunker fuel used in the very distinguished gentleman, Con- Section 15 (33 U.S.C. 1911) is amended to ships may contain as much as 3 percent gressman MICA, and the ranking mem- read as follows: sulfur content by weight, or an as- ber of our subcommittee on Coast ‘‘SEC. 15. EFFECT ON OTHER LAWS. tounding 28,000 parts per million of sul- Guard and Maritime Transportation, ‘‘Authorities, requirements, and remedies fur. Congressman LATOURETTE, for their of this Act supplement and neither amend By comparison, the new ultralow sul- leadership in helping us to get this nor repeal any other authorities, require- very, very important bill to the floor of ments, or remedies conferred by any other fur diesel fuel that is mandated for use provision of law. Nothing in this Act shall in trucks in most of the United States the House so that we can send it on to limit, deny, amend, modify, or repeal any is not allowed to contain more than 15 the Senate. other authority, requirement, or remedy parts per million of sulfur. Given the Mr. Speaker, I reserve the balance of available to the United States or any other nature of shipping, it is not possible for my time. person, except as expressly provided in this any single nation to unilaterally regu- Mr. LATOURETTE. Mr. Speaker, I Act.’’. late emissions produced by ships. yield myself such time as I may con- The SPEAKER pro tempore. Pursu- Instead, regulations applied to ocean- sume. ant to the rule, the gentleman from going vessels are usually developed Mr. Speaker, I rise in support of H.R. Maryland (Mr. CUMMINGS) and the gen- through negotiations conducted by 802, the Maritime Pollution Prevention tleman from Ohio (Mr. LATOURETTE) IMO, a specialized agency of the United Act of 2007. H.R. 802 was introduced by each will control 20 minutes. Nations responsible for developing our full committee chairman, Jim The Chair recognizes the gentleman multinational conventions regulating Oberstar, and is similar language that from Maryland. international shipping. was approved by voice vote in the Mr. CUMMINGS. Mr. Speaker, I yield The member states of IMO developed House during the last Congress. I say myself such time as I may consume. the International Convention for the ‘‘similar to’’ because there are some

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7635 differences, and we noted those dif- concern, to that of air pollution, which State or to give a State any authority ferences at the time of the markup of is the subject of this legislation, the over a special area that is not wholly this legislation. discharge of nitrogen oxides from mari- established outside of the three or, in I want to thank the chairman of the time diesel engines, the sulfur content some cases, nine nautical mile belt of full committee, Mr. OBERSTAR, and I of diesel fuel, ozone-depleting sub- waters that fall within the jurisdiction also want to thank the distinguished stances, volatile organic compounds of a State? chairman of our subcommittee, Mr. and standards for shipboard inciner- Mr. CUMMINGS. The gentleman is CUMMINGS, for working with me and ators, fuel oil quality, platforms for absolutely correct. others on my side of the aisle to ad- drill rigs at sea. All of these are the Mr. LATOURETTE. I thank the dress our concerns with the introduced subject of this legislation and of the chairman. version of the bill. International Maritime Pollution Con- Additionally, Mr. Chairman, section The bill will implement international vention. 5 of the bill grants the EPA certain au- requirements for air emissions from At the beginning of next week, our thorities to establish, administer and ships for purposes of U.S. law. Under committee will travel to Brussels to enforce regulations to implement this bill, the Coast Guard and the Envi- meet with members of the European MARPOL Annex VI. Is it the chair- ronmental Protection Agency will be Transport Ministry and members of the man’s understanding that this lan- required to develop regulations that es- European Parliament Transport Com- guage does not replace or reduce the tablish standards for emissions of mittee to discuss this issue and other Coast Guard’s parallel authorities to ozone-depleting substances and other issues including emissions from air- administer and enforce regulations to pollutants as well as marine fuel oil craft at altitude, which are the subject implement Annex VI or other regula- quality that are used in U.S. waters. I of the ongoing discussions in the inter- tions under the Act to Prevent Pollu- am happy to see that we are consid- national community on emissions trad- tion from Ships? Mr. CUMMINGS. The gentleman is ering this legislation that will reduce ing and steps that the international absolutely correct. our emissions from vessels operating in community together can take to re- Mr. LATOURETTE. I thank the U.S. waters this early in the year. duce impact on factors that are accel- chairman very much for his response. Again, I want to thank Chairman erating global climate change. And, again, my congratulations to both OBERSTAR and Chairman CUMMINGS for This legislation, in other words, is chairmen, the chairman of the full working with us to improve the bill. I not just a relatively noncontroversial committee, Mr. OBERSTAR, and the urge our colleagues to support this bill. matter that we attempted to accom- chairman of the subcommittee, Mr. Mr. Speaker, I reserve the balance of plish in the last Congress; but for var- CUMMINGS, for bringing this legislation my time. ious reasons, we were not able to do so Mr. CUMMINGS. Mr. Speaker, I am forward. And, again, my thanks for with the other body. But this is one working with us to make the slight im- very pleased to yield to the distin- step in a global issue of international guished chairman of the Transpor- provements to the bill. concern that brings the United States Mr. Speaker, I yield back the balance tation Committee, Mr. OBERSTAR, such and its maritime partners into co- of my time. time as he may consume. operation on matters that involve air Mr. CUMMINGS. Mr. Speaker, I yield Mr. OBERSTAR. I thank the gen- quality at sea. myself such time as I may consume. tleman for yielding. I especially want I want to thank the gentleman from Again, I want to thank Chairman to thank the chairman of the Sub- Maryland, the chairman of the sub- OBERSTAR and certainly Ranking Mem- committee on Coast Guard and Mari- committee, for his diligent work, and ber MICA. But I also thank you very time Affairs for his leadership, absorb- Mr. LATOURETTE and Ranking Member much, Mr. LATOURETTE, for your co- ing so quickly in such a short period of MICA for their participation and work- operation in moving this bill along. time the complexities under the juris- ing with us to bring this legislation to Mr. Speaker, I yield 2 minutes to Mr. diction of this subcommittee. I also the floor. I hope that the other body OBERSTAR. would like to express my appreciation will cooperate promptly and move this Mr. OBERSTAR. Mr. Speaker, al- to the gentleman from Ohio (Mr. bill to the President. though it has been discussed previously LATOURETTE) for his partnership and We have incorporated recommenda- before I reached the Chamber, I just working so diligently to bring this im- tions by the administration in this leg- want to be sure to emphasize the im- portant legislation to the floor. islation to accommodate their inter- portant change to allow EPA to en- Mr. Speaker, this is an international ests. force the standards in addition to the issue. In fact, just moments ago, just b 1445 Coast Guard. These are changes re- before arriving to the floor, I had a quested by the administration. The meeting with a representative of the Mr. LATOURETTE. Mr. Speaker, I Coast Guard acknowledging that EPA transportation ministry of the Euro- yield myself such time as I might con- has far more experience than does the pean Union. He is the deputy in charge sume for the purposes of engaging in a Coast Guard on air quality emission of the Transport Ministry of the Euro- colloquy with the distinguished chair- standards. pean Union, and we were discussing the man of the subcommittee. It is important for EPA to develop MARPOL legislation and the need for Chairman CUMMINGS, if I could clar- standards jointly with the Coast Guard international participation and co- ify, through this colloquy, the lan- because, on the Coast Guard side, they operation on these issues. guage that was included in sections 4 have more knowledge and under- In fact, the European Transport Min- and 5. standing and expertise in vessel safety istry has established a new section First, section 4 authorizes the Envi- issues that have to be incorporated dealing with maritime pollution issues ronmental Protection Agency, in con- into any air quality emission standards which go beyond that of the subject of sultation with the Coast Guard, to des- that may be promulgated. this legislation to include pollution at ignate special areas where vessels I want to emphasize this role of EPA, sea from accidents to maritime vessels, would be required to comply with ves- an important step forward, and I am the first most serious of which was the sel emission regulations under Annex very pleased the administration was Torrey Canyon disaster in the English VI to the MARPOL Convention. This emphatic in asking for an EPA role, Channel in 1967, which alerted all of section also directs the EPA to consult and Coast Guard similarly has been the maritime sector to the need for with a State if such an area is estab- very insistent on including EPA in this double-hulled vessels, to the need for lished in an area that is under the ju- process. I think this will, overall, international standards on shipping. risdiction of that State. strengthen the result of the legislation We have moved beyond the water pol- Is it the chairman’s understanding that we are considering today. lution issue, ocean pollution issue, that the committee does not intend to Mr. Speaker, I rise today to strongly support which continues to be a matter of great require the agencies to consult with a H.R. 802, the ‘‘Maritime Pollution Prevention

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00009 Fmt 0688 Sfmt 9920 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7636 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 Act of 2007’’. The gentleman from Maryland, During Committee consideration of the bill, The Clerk read the title of the resolu- Mr. CUMMINGS, and I introduced this legislation the Committee adopted an amendment in the tion. in February to provide the U.S. Coast Guard nature of a substitute that clarifies that The text of the resolution is as fol- and the Environmental Protection Agency MARPOL Annex VI will only apply to vessels lows: (‘‘EPA’’) with the legal authority they need to in the United State’s 200-mile Exclusive Eco- H. RES. 266 implement Annex VI of the International Con- nomic Zone when the Executive Branch deter- Whereas social workers have the dem- vention for the Prevention of Pollution from mines that MARPOL Annex VI is customary onstrated education and experience to guide Ships. international law. In addition, the amendment individuals, families, and communities Global climate change is a critical issue, not clarified that MARPOL Annex VI will not apply through complex issues and choices; only for the United States, but for every man, to public vessels owned by the U.S. Govern- Whereas social workers connect individ- uals, families, and communities to available woman, and child that live on this planet ment until the head of the agency that oper- called Earth. The international maritime com- resources; ates the vessels agrees with the EPA Admin- Whereas social workers are dedicated to munity has recognized this problem and devel- istrator that MARPOL VI should apply to that improving the society in which we live; oped an international convention to help ad- agency’s vessels. Whereas social workers are positive and dress air pollutants from diesel ships. The amendment in the nature of a substitute compassionate professionals; For many years, the International Maritime that the House considers today further clarifies Whereas social workers stand up for others Organization, an organization of the United that the application of MARPOL VI to the U.S. to make sure everyone has access to the Nations, has been developing international Exclusive Economic Zone and territorial sea same basic rights, protections, and opportu- standards to prevent pollution from ships that nities; takes effect when it becomes customary inter- Whereas social workers have been the driv- ply the world’s oceans. The international con- national law; requires EPA to consult with a vention is called the International Convention ing force behind important social move- State when establishing an emission area; and ments in the United States and abroad; and for the Prevention of Pollution from Ships, requires the regulations regarding reception Whereas Professional Social Work Month, 1973. The United States has implemented facilities to be jointly prescribed by EPA and and World Social Work Day, which is March these environmental laws by enacting and the Coast Guard. 27, 2007, will build awareness of the role of amending the Act to Prevent Pollution from I would like to take the opportunity to thank professional social workers and their com- Ships (‘‘APPS’’). our new Chairman of the Subcommittee on mitment and dedication to individuals, fami- On May 19, 2005, Annex VI of that Conven- lies, and communities everywhere though Coast Guard and Maritime Transportation, Mr. tion came into force internationally. Annex VI service delivery, research, education, and CUMMINGS, for his help in developing this bill. limits the discharge of nitrogen oxides from legislative advocacy: Now, therefore, be it I strongly urge my colleagues to support large marine diesel engines, governs the sul- Resolved, That the House of Representa- passage of H.R. 802, the Maritime Pollution tives— fur content of marine diesel fuel, prohibits the Prevention Act of 2007. (1) supports the goals and ideals of Profes- emission of ozone-depleting substances, regu- Mr. CUMMINGS. Mr. Speaker, I yield sional Social Work Month and World Social lates the emission of volatile organic com- back the balance of my time. Work Day; pounds during the transfer of cargoes between The SPEAKER pro tempore. The (2) acknowledges the diligent efforts of in- tankers and terminals, sets standards for ship- dividuals and groups who promote the impor- question is on the motion offered by board incinerators and fuel oil quality, and es- tance of social work and who are observing the gentleman from Maryland (Mr. tablishes requirements for platforms and drill- Professional Social Work Month and World CUMMINGS) that the House suspend the ing rigs at sea. In April 2006, the Senate rati- Social Work Day; rules and pass the bill, H.R. 802, as (3) encourages the American people to en- fied this treaty by unanimous consent. H.R. 802 is the necessary implementing leg- amended. gage in appropriate ceremonies and activi- The question was taken. ties to further promote awareness of the life- islation for Annex VI of that Convention. This changing role of social workers; legislation will give the Coast Guard and the The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being (4) recognizes with gratitude the contribu- Environmental Protection Agency the authority tions of the millions of caring individuals they need to develop the U.S. standards and in the affirmative, the ayes have it. who have chosen to serve their communities to enforce these requirements on the thou- Mr. CUMMINGS. Mr. Speaker, on through social work; and sands of U.S.- and foreign-flag vessels that that I demand the yeas and nays. (5) encourages young people to seek out enter the United States each year from over- The yeas and nays were ordered. educational and professional opportunities seas. The SPEAKER pro tempore. Pursu- to become social workers. Everyone here recognizes the challenge ant to clause 8 of rule XX and the The SPEAKER pro tempore. Pursu- that the world faces in combating global cli- Chair’s prior announcement, further ant to the rule, the gentlewoman from mate change. We must pursue all avenues in proceedings on this question will be New Hampshire (Ms. SHEA-PORTER) and the effort to turn around the rising tempera- postponed. the gentleman from Tennessee (Mr. tures on this planet. I am pleased that the f DAVID DAVIS) each will control 20 min- utes. International Maritime Organization stepped up GENERAL LEAVE to the plate and developed amendments to the The Chair recognizes the gentle- International Convention for the Prevention of Mr. CUMMINGS. Mr. Speaker, I ask woman from New Hampshire. Pollution from Ships to regulate air pollution unanimous consent that all Members GENERAL LEAVE from ships. may have 5 legislative days in which to Ms. SHEA-PORTER. Mr. Speaker, I Last year, the Committee on Transportation revise and extend their remarks on request 5 legislative days during which and Infrastructure reported H.R. 5811, the H.R. 802. Members may insert material relevant MARPOL Annex VI Implementation Act of The SPEAKER pro tempore. Is there to House Resolution 266 into the 2006, favorably to the House. This bill was objection to the request of the gen- RECORD. subsequently added to H.R. 5681, the Coast tleman from Maryland? The SPEAKER pro tempore. Is there Guard Authorization Act of 2006, and passed There was no objection. objection to the request of the gentle- the House on October 28, 2006. f woman from New Hampshire? H.R. 802 is very similar to H.R. 5811, but in- There was no objection. cludes changes to allow the EPA to enforce SUPPORTING THE GOALS AND Ms. SHEA-PORTER. Mr. Speaker, I the standards, in addition to the Coast Guard. IDEALS OF PROFESSIONAL SO- yield myself such time as I may con- These changes were requested by the Admin- CIAL WORK MONTH AND WORLD sume. istration. The Coast Guard acknowledges that SOCIAL WORK DAY Mr. Speaker, I am pleased to rise the EPA has far more experience than they do Ms. SHEA-PORTER. Mr. Speaker, I today to offer House Resolution 266, on air quality emission standards. However, it move to suspend the rules and agree to which honors the dedication and com- is important for the EPA to develop the stand- the resolution (H. Res. 266) supporting passion of professional social workers. ards jointly with Coast Guard because of the the goals and ideals of Professional So- Our highest calling as humans is to Coast Guard’s expertise over vessel safety cial Work Month and World Social provide service to others, especially issues. Work Day. those less fortunate than ourselves.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7637 At the turn of the 20th century, thou- ancy and advise teachers on how they health care services, assisted living and sands of people lived in despair and can cope with problem students. Social senior living communities and the poverty, and it was the early progres- workers also specialize in services for school setting. In addition, there is ex- sive moment in which the social work senior citizens, running support groups pected to be a significant need for movement was born, providing food, for family caregivers or for the adult those social workers specializing in clothing, health care and education to children of aging parents, advising el- substance abuse. the less fortunate. derly people or family members about Nearly 50 percent of the United Social workers had a role in civil choices in areas such as housing, trans- States population, age 15 to 54, report rights and in women’s freedom. Today, portation, and long-term care and co- having at least one psychiatric dis- social workers continue this fight to ordination and monitoring of these order. Both severe and persistent men- ensure that vulnerable families have services. tal disorders, including addictions, the support and the health care that Through employee assistance pro- have profound consequences for indi- they need. grams, they may help workers cope viduals, their families and society, af- Social workers are everywhere in our with job-related pressures or with per- fecting their ability to learn, to grow society, caring for all of us. They help sonal problems that affect the quality into healthy adults and to nurture people in all stages of life, from chil- of their work. children, to work and secure housing dren to the elderly, and in all situa- Medical and public health social and to engage in other routines of liv- tions, from adoption to hospice care. workers provide persons, families, and ing. Recognizing the prevalence of You can find social workers in hos- vulnerable populations with psycho- mental disorders and the cost they pitals, police departments, mental social support needed to cope with exact on our society, social workers health clinics, military facilities and chronic, acute and terminal illnesses provide more than 40 percent of all corporations. such as Alzheimer’s disease and cancer. mental health services available to Professional social workers are the They also assess and treat individuals Americans, making them an integral Nation’s largest providers of mental with mental illness or substance abuse, part of our Nation’s health care deliv- health care services. They provide including abuse of alcohol, tobacco and ery system. more mental health services than psy- other drugs. They also may help plan So we stand here to recognize the im- chologists, psychiatrists and psy- for supportive services to ease patients’ portance of our Nation’s social workers chiatric nurses combined. return into the community. and support the Professional Social More than 600,000 people in the In my State of Tennessee, we have a Work Month and World Social Work United States hold social work degrees. long tradition of recognizing the vital Day. We also stand to encourage more The Veterans Administration employs role of social workers. In 2005, the Ten- young adults to seek out educational more than 4,400 social workers to assist nessee legislature, of which I was hon- and professional opportunities as social veterans and their families with indi- ored to serve as a member for many workers where they can play a positive vidual and family counseling, client years, passed important legislation impact on changing people’s lives. education, end-of-life planning, sub- which required social workers to have Mr. Speaker, I urge my colleagues to stance abuse treatment, crisis inter- received a B.S. or master’s degree in join me in highlighting the contribu- vention and other services. social work from an accredited school, tions of social workers and to support Mr. Speaker, I reserve the balance of House Resolution 266. my time. received a doctorate or Ph.D. in social work, or have a specialized certificate Mr. Speaker, I reserve the balance of Mr. DAVID DAVIS of Tennessee. Mr. my time. Speaker, I rise in support of House Res- or license from the State. olution 266. This resolution would rec- As a society, we have come to trust b 1500 ognize the important work of our Na- that the people using a certain title Ms. SHEA-PORTER. Today we thank tion’s social workers and support the have completed specific training to all those who have toiled in the fields goals and ideals of Professional Social prepare them for their work in assist- of our community, including my ma- Worker Month and World Social Work- ing the public. Thanks to this legisla- ternal grandmother, who left the com- er Day. tion, Tennessee now ensures that posi- fort of her home each day at the turn Social work is a profession for those tions requiring the skills and training of the century and went to the Lower with a strong desire to help improve of professional social workers are filled East Side to help immigrants. And we people’s lives and play a valuable role with fully qualified professionals. praise all of those who reach out to in the Nation’s health care system. So- In addition, the East Tennessee State others every day in their community. cial workers help people function the University Department of Social Work Social workers’ service makes our best way they can in their environ- has a long and proud history of pre- communities stronger. March is Na- ment, deal with their relationships, paring the majority of social workers tional Professional Work Month, and and solve personal and family prob- in the region that I represent. In addi- Tuesday, March 27 is World Social lems. tion to providing high-quality edu- Work Day. I honor their service and Social workers often see clients who cation to future social workers, the De- thank them for caring for all of us each face life-threatening disease or social partment hosts a Social Work Career day. problems such as inadequate housing, Day where students, community agen- Mr. Speaker, I yield back the balance unemployment, a serious illness, a dis- cies and practitioners come together of my time. ability, or substance abuse. Social and share educational experience and Ms. LEE. Mr. Speaker, I’d like to thank my workers also assist families that have information on a career in social work. colleague Congressman CIRO RODRIGUEZ for serious domestic conflicts, sometimes Students and faculty are also involved arranging this time on the floor for us to cele- involving a child or spousal abuse. in a number of community based inter- brate World Social Work Day and to acknowl- For example, child, family and school disciplinary learning and service ac- edge the contributions of social workers to the social workers provide social services tivities. well-being of our society. and assistance to improve the social According to the United States De- I’m proud to say that I’m a social worker and psychological functioning of chil- partment of Labor, the need for addi- and that my predecessor, former Congress- dren and their families and to maxi- tional social workers is expected to in- man and now mayor of Oakland, Ron Del- mize the family well-being and aca- crease faster than the average of all lums, was also a social worker. I believe our demic functioning of children. They as- other occupations through the year records, interests and efforts here in Congress sist single parents, arrange adoption, 2014 due to the rapidly growing elderly and outside reflect the influence of our social or help find foster homes for neglected, population which is expected to create work background. This education has helped abandoned or abused children. greater demand for health and social me to form my principles and has helped me In schools, they address problems careers. The growth in social work is to fight injustice and inequality, not just here in such as teenage misbehavior and tru- expected to occur most rapidly in home the U.S. but also abroad.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00011 Fmt 0688 Sfmt 9920 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7638 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 Social workers make a difference in peo- Social workers don’t just make an impact on (15 U.S.C. 636(j)), was located in a parish or ple’s lives everyday and at all levels. They’re our students—social workers give back to our county described in subsection (b) and was in the streets working one-on-one with the society by helping to make better citizens of affected by Hurricane Katrina of 2005, the pe- homeless. They’re in the hospitals and clinics riod during which the small business concern us all. They strive to help their clients become is permitted continuing participation and helping people through their health crises. the best that they can be, to improve their eligibility in such program or activity shall They’re in the schools making our kids safe, communities and to confront the injustices that be extended for an additional 18 months. adjusted, and prepared to take on the world. they see. They foster a new way of looking at (b) PARISHES AND COUNTIES COVERED.—Sub- They’re advocating for the rights of our coun- the world around you—one where you see section (a) applies to any parish in the State try’s most vulnerable citizens—our children, promise and possibility. Social workers help us of Louisiana, or any county in the State of the elderly, the mentally ill, the poor, and oth- to realize a world where mediation, coalition Mississippi or in the State of Alabama, that ers in our society that may not have a strong building and effective communication are used has been designated by the Administrator of voice. They’re fighting for social justice and the Small Business Administration as a dis- to find peaceful solutions instead of military aster area by reason of Hurricane Katrina human rights internationally and they’re cre- posturing. ating policies and programs here in the halls under disaster declaration 10176, 10177, 10178, I’d like to close by saying, I’m grateful to be 10179, 10180, or 10181. of both the Congress and the Senate that ad- part of a profession that is devoted to service (c) REVIEW AND COMPLIANCE.—The Admin- dress the needs of our society. to our people and that is so necessary to our istrator of the Small Business Administra- The hallmark trait of a social worker is their society’s well-being. I know that many of my tion shall ensure that the case of every small ability to empathize—their ability and willing- dedicated colleagues work quietly in the field business concern participating before the ness to put themselves in someone else’s and that their contributions are not always date of the enactment of this Act in a pro- place. This is not always an easy thing to do. gram or activity covered by subsection (a) is given the attention they deserve, so I’m very Many times social workers encounter people reviewed and brought into compliance with pleased to be able to celebrate this day and who are in extreme states of crisis. Times this section. to publicly acknowledge their contributions. when their lives are feeling out of control. It’s The SPEAKER pro tempore. Pursu- Thank you again, Congressman CIRO no easy feat to step into someone else’s ant to the rule, the gentlewoman from RODRIGUEZ for organizing this special order, nightmare and help them find the strength to New York (Ms. VELA´ ZQUEZ) and the and also thank you to all of my colleagues cope, to problem-solve, and to move forward. gentleman from Ohio (Mr. CHABOT) who were able to participate tonight. But this is what social workers do on a daily Mr. DAVID DAVIS of Tennessee. Mr. each will control 20 minutes. basis. Speaker, I yield back the balance of The Chair recognizes the gentle- Nonetheless, there are also times that are my time. woman from New York. incredibly heartening and rewarding—times The SPEAKER pro tempore. The GENERAL LEAVE that renew your faith in humanity. They are question is on the motion offered by Ms. VELA´ ZQUEZ. Mr. Speaker, I ask the times when you see the first trusting smile unanimous consent that all Members on the face of a child that came from the the gentlewoman from New Hampshire (Ms. SHEA-PORTER) that the House sus- may have 5 legislative days to revise chaos of an abusive home and you feel that and extend their remarks and include connection. They are the times when you’re pend the rules and agree to the resolu- tion, H. Res. 266. extraneous material on the bill under able to help a family—homeless and dev- consideration. astated by the ravages of a massive natural The question was taken. The SPEAKER pro tempore. In the The SPEAKER pro tempore. Is there disaster. They are times when the grassroots objection to the request of the gentle- movement you’ve been working with is able to opinion of the Chair, two-thirds being in the affirmative, the ayes have it. woman from New York? achieve its goal. They’re the times when There was no objection. you’re able to help a young man who seemed Ms. SHEA-PORTER. Mr. Speaker, on that I demand the yeas and nays. Ms. VELA´ ZQUEZ. Mr. Speaker, I like he was starting down the path to a life of yield myself such time as I may con- crime to find a better road and to make better The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- sume. decisions. Mr. Speaker, Hurricane Katrina One of the ways that I think I’ve best used ant to clause 8 of rule XX and the forced evacuation of individuals and my social work education has been in the Chair’s prior announcement, further business owners who are only recently work I have done here in Congress. As a so- proceedings on this question will be cial worker, I am concerned about the many postponed. recovering and rebuilding. Clearly, things that ail our community as a whole. That f through no fault of their own, these firms have been disrupted. is why I have made the fight against AIDS a DISADVANTAGED BUSINESS priority—not just domestically, but also abroad. A number of these businesses are par- DISASTER ELIGIBILITY ACT ticipants in the SBA’s 8(a) program, We need to stop crimes against humanity, like ´ the genocide that continues to ravage the Ms. VELAZQUEZ. Mr. Speaker, I the primary way that minority entre- Darfur region. I also believe we need to fully move to suspend the rules and pass the preneurs enter the Federal market- fund No Child Left Behind. Our education sys- bill (H.R. 1468) to ensure that, for each place. 8(a) is a business development tem is failing—No Child Left Behind is failing small business participating in the 8(a) initiative, and that is what the compa- our children, our teachers, our parents, and business development program that nies in the gulf region need right now. our community as a whole. was affected by Hurricane Katrina of Because of the magnitude of the dis- Recognizing the importance that social 2005, the period in which it can partici- aster, these companies need additional workers bring to our schools, I’d also like to pate is extended by 18 months, as time in the 8(a) program. This will take this opportunity to thank my colleagues amended. counterbalance the period of inoper- who have cosponsored H.R. 171, the Student The Clerk read the title of the bill. ability these firms experienced due to Support Act. I hope more of my colleagues will The text of the bill is as follows: Hurricane Katrina. And I commend my consider supporting this legislation, which H.R. 1468 colleague Mr. JEFFERSON from Lou- helps ensure that our schools have the nec- Be it enacted by the Senate and House of Rep- isiana for offering this solution. essary amount of mental health professionals resentatives of the United States of America in As currently structured, the program at their schools, including school social work- Congress assembled, allows businesses to participate for a ers, school psychologists, counselors and psy- SECTION 1. SHORT TITLE. limited length of time. They are given chiatrists. Almost all States fall below the rec- This Act may be cited as the ‘‘Disadvan- 9 years and 9 years only. Even if the ommended guidelines by the American Coun- taged Business Disaster Eligibility Act’’. companies fail, they can never reapply seling Association of 1 counselor for every SEC. 2. EXTENSION OF PARTICIPATION TERM and get back in. FOR VICTIMS OF HURRICANE In this way 8(a) is different than any 250 students. My own State of California has KATRINA. 966 students for every one counselor. So I (a) RETROACTIVITY.—If a small business other SBA procurement initiative, hope my colleagues can cosponsor this impor- concern, while participating in any program which allow companies to be certified tant act, and maybe we can see this legisla- or activity under the authority of paragraph for increments of 3 years. As long as tion make some progress here in the House. (10) of section 7(j) of the Small Business Act they meet the eligibility criteria, they

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7639 can continue being recertified without dented natural disaster, which, unfor- participating in the program is ineli- end. tunately, has become a nightmare that gible to re-enter it. When Hurricane It is because of this limitation that is etched in all our memories and a Katrina ripped through New Orleans on the 8(a) program is simply not struc- daily challenge for those who lived August 29, 2005, it left 80,000 businesses tured to respond to companies that through it. damaged or destroyed, 97 percent of have been victimized by disasters. The storms of 2005 drowned 80 per- which were small businesses. A signifi- This bill is targeted and narrow. It cent of New Orleans in seawater, killed cant percentage were participating in applies only to 8(a) program partici- in excess of 1,600 people, destroyed the 8(a) program and were forced to pants in Alabama, Mississippi, or Lou- more than 200,000 gulf coast homes, and shut down for an extended period of isiana that were impacted by this dis- displaced more than 1 million of our time, losing time in the program aster. At most, this represents barely 4 fellow Americans. Starting a new busi- through a series of events far beyond percent of all 8(a) participants. Eight- ness is challenging under normal cir- their control. It is only right and fair een months is not a significant amount cumstances. Only two-thirds of them that we extend the period of eligibility of time, but it could play a major role make it through their first 2 years. so that the affected disadvantaged in ensuring that these businesses are And needless to say, the devastation businesses are allowed to grow and able to participate in the rebuilding of along the gulf coast compounds this flourish and enjoy the full 9 years of their home States. difficulty exponentially. the program. I urge support of this bill. This legislation provides some addi- Nineteen months since Katrina Mr. Speaker, I reserve the balance of tional time for those businesses facing struck, most of our 8(a) firms across my time. the 9-year participation deadline pro- the gulf coast are still struggling to re- Mr. CHABOT. Mr. Speaker, I yield vided for in the 8(a) program to get turn. myself such time as I may consume. back on their feet. Nothing in the This bill is about equity and fairness Mr. Speaker, I rise in support of H.R. Small Business Act currently allows at a time when the road to recovery 1468, the Disadvantaged Business Dis- for an extension of participation as a has been anything but fair for dis- aster Eligibility Act. This legislation, result of extraordinary circumstances advantaged firms in the region. For ex- as the chairwoman indicated, would such as those created by Hurricane ample, in the time just following the simply extend for 18 months the period Katrina. storm, 90 percent of the $2 billion in of time that 8(a) Small Business Devel- For business owners that may not initial contracts were awarded to com- opment Program participants who en- have had access to their businesses or panies based outside of the three pri- rolled in the program prior to August their customers for months, the rigid- mary affected States and to large con- 29 of 2005 could stay in the program by ity of the Small Business Act seems cerns. Minority businesses received 18 months if they had their businesses unduly harsh. An additional 18 months just 1.5 percent of the first $1.6 billion primarily located in the area dev- of assistance to firms who face an up- spent there. Women-owned businesses astated by Hurricane Katrina. hill battle before the storms hit who received even less. This was the out- The 8(a) Small Business Development are now hanging on by a thread after come in spite of laws such as the Staf- Program, administered by the Small the storms have passed is truly the ford Act, which require contracting of- Business Administration, provides a least that we can do. ficials to prioritize awards to local useful mechanism for aspiring entre- Today I encourage my colleagues to businesses and to reach a goal of 5 per- preneurs and existing small business support this necessary legislation. cent of contracts to minority-owned owners who, for social or economic rea- Mr. Speaker, I reserve the balance of businesses. sons, may not have the same opportu- my time. The continued recovery from Katrina nities other small business owners have Ms. VELA´ ZQUEZ. Mr. Speaker, I is made up of many interconnected had and face challenging barriers to yield such time as he may consume to issues, and we cannot fully recover their success. the gentleman from Louisiana (Mr. without addressing all of them. Helping Entrepreneurs who participate in the JEFFERSON). small businesses, as this and other bills 8(a) program undergo an extensive 9- Mr. JEFFERSON. I thank the gentle- such as the RECOVER Act do, restores year process, where they obtain spe- woman for yielding, and I am pleased jobs that our citizens can return home cialized business training, counseling, to sponsor H.R. 1468, the Disadvantaged to and puts our businesses back on marketing assistance, and high-level Business Disaster Eligibility Act. I track. It broadens the tax base of our executive development. They also re- would like to thank Chairwoman region and helps with our recovery. ceive additional help in the form of VELA´ ZQUEZ as well as Ranking Member I look forward to continuing to work low-interest loans, access to govern- CHABOT for their leadership in com- on the Small Business Committee with ment surplus office equipment, and mittee on this important bill. I would Ms. VELA´ ZQUEZ and Mr. CHABOT to ad- bonding assistance. also like to thank the other members dress the needs of small businesses in The Small Business Development of the committee for voting in a bipar- the gulf region. Program provides many of the tools tisan spirit to bring this measure to Mr. CHABOT. Mr. Speaker, I have no needed for any small business to suc- the floor in an expeditious manner. further requests for time, and I yield ceed. Most significantly, the program This bill provides that if a small back the balance of my time. assists these entrepreneurs in obtain- business affected by Hurricane Katrina Ms. VELA´ ZQUEZ. Mr. Speaker, I ing Federal Government contracts as a that participates in any section 8(a) would like to thank the gentleman base from which to grow their busi- business development program, the eli- from Ohio (Mr. CHABOT) for his support nesses. Given the devastation to the gibility period for its participation in and cooperation in helping expedite gulf coast region by Hurricane Katrina, such program is extended by 18 this legislation. access to Federal Government con- months. Mr. Speaker, I yield back the balance tracts constitutes an important compo- The 8(a) program was designed as a 9- of my time. nent of the region’s rebirth, and I year business development program The SPEAKER pro tempore. The think we all agree that we all want to geared toward small businesses owned question is on the motion offered by see the rebirth in that area occur. by citizens who are socially and eco- the gentlewoman from New York (Ms. Tragically, as every American re- nomically disadvantaged. This pro- VELA´ ZQUEZ) that the House suspend the members, the late summer of 2005 gram is of benefit to emerging African rules and pass the bill, H.R. 1468, as proved to be one of the most cata- American, Hispanic, Asian American, amended. strophic in American history. The 9.7 and nonminority women-owned firms The question was taken; and (two- million Americans residing on the gulf included in the program’s coverage. thirds being in the affirmative) the coast of Alabama, Louisiana, and Mis- Once the eligibility for the 9-year pro- rules were suspended and the bill, as sissippi were victims of an unprece- gram has run out, the small business amended, was passed.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7640 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 A motion to reconsider was laid on (A) in paragraph (1), by striking ‘‘or ani- prohibited by Federal law, though the the table. mals, such as waterfowl, bird, raccoon, or fox current law only allows, as I have indi- hunting’’; and f cated, the misdemeanor treatment. In (B) by striking paragraph (3) and inserting 1976 Congress amended title 7, U.S. RECESS the following: ‘‘(3) the term ‘instrumentality of inter- Code, section 2156, the Animal Welfare The SPEAKER pro tempore. Pursu- state commerce’ means any written, wire, Act, to make it illegal to knowingly ant to clause 12(a) of rule I, the Chair radio, television or other form of commu- sell, buy, transport, deliver, or receive declares the House in recess subject to nication in, or using a facility of, interstate a dog or other animal in interstate or the call of the Chair. commerce;’’; and foreign commerce for the purposes of Accordingly (at 3 o’clock and 13 min- (5) by adding at the end the following new participation in an animal fighting subsection: utes p.m.), the House stood in recess venture or knowingly sponsoring or ex- ‘‘(i) The criminal penalties for violations hibiting an animal in a fighting ven- subject to the call of the Chair. of subsection (a), (b), (c), or (e) are provided ture if any animal in the venture was f in section 49 of title 18, United States Code.’’. moved in interstate or foreign com- merce. Amendments to the Animal b 1700 The SPEAKER pro tempore. Pursu- Welfare Act contained a loophole, how- ant to the rule, the gentleman from AFTER RECESS ever, that allowed shipments of birds Virginia (Mr. SCOTT) and the gen- across State lines for fighting purposes The recess having expired, the House tleman from North Carolina (Mr. was called to order by the Speaker pro if the destination State allowed cock- COBLE) each will control 20 minutes. ALAZAR fighting. tempore (Mr. S ) at 5 p.m. The Chair recognizes the gentleman While Congress did amend section 26 f from Virginia. of the Animal Welfare Act to close this ANIMAL FIGHTING PROHIBITION GENERAL LEAVE loophole in 2002, the penalty section ENFORCEMENT ACT OF 2007 Mr. SCOTT of Virginia. Mr. Speaker, and other provisions of the act have I ask unanimous consent that all Mem- not been updated since their original Mr. SCOTT of Virginia. Mr. Speaker, bers have 5 legislative days to revise I move to suspend the rules and pass enactment in 1976. This bill is designed and extend their remarks and include to address those shortfalls to more ef- the bill (H.R. 137) to amend title 18, extraneous material on the bill under United States Code, to strengthen pro- fectively cover modern problems asso- consideration. ciated with animal fighting ventures. hibitions against animal fighting, and The SPEAKER pro tempore. Is there for other purposes, as amended. As I have already mentioned, the leg- objection to the request of the gen- islation increases current penalties to The Clerk read the title of the bill. tleman from Virginia? The text of the bill is as follows: provide a meaningful deterrent. One of There was no objection. the primary reasons for enacting the H.R. 137 Mr. SCOTT of Virginia. Mr. Speaker, increased penalties under title 18 is the Be it enacted by the Senate and House of Rep- I yield myself such time as I may con- reluctance of U.S. Attorneys to pursue resentatives of the United States of America in sume. Congress assembled, animal fighting cases under the cur- Mr. Speaker, H.R. 137 is a bipartisan rent misdemeanor provisions because SECTION 1. SHORT TITLE. effort by the Judiciary Committee, led they view the penalties as ineffective This Act may be cited as the ‘‘Animal by the gentleman from California (Mr. Fighting Prohibition Enforcement Act of against an animal fighting industry, 2007’’. GALLEGLY) as the chief sponsor and the which has continued unabated nation- gentleman from Oregon (Mr. SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING wide. PROHIBITIONS. BLUMENAUER) as the lead Democratic H.R. 137 further makes it a felony to (a) IN GENERAL.—Chapter 3 of title 18, sponsor. Both have worked long and transport cockfighting implements in United States Code, is amended by adding at hard on this issue. I would also like to interstate or foreign commerce. These the end the following: express my appreciation to Chairman implements take the form of razor- ‘‘§ 49. Enforcement of animal fighting prohibi- CONYERS, Ranking Member SMITH, and sharp knives, known as slashers; or tions Subcommittee Ranking Member gaffs, instruments shaped in the form ‘‘Whoever violates subsection (a), (b), (c), FORBES for their leadership and sup- of curved ice picks that are attached to or (e) of section 26 of the Animal Welfare Act port in moving this matter forward, birds’ legs for fighting. Proponents of shall be fined under this title, imprisoned for and also the former chairman of the these implements within the game fowl not more than 3 years, or both, for each vio- committee, Mr. COBLE, who is with us community apparently contend that lation.’’. today. (b) CLERICAL AMENDMENT.—The table of they inflict cleaner wounds upon the contents for such chapter is amended by in- The Animal Fighting Prohibition En- birds which are then quicker and easier serting after the item relating to section 48 forcement Act of 2007 addresses the to heal. the following: growing problem of staged animal Since penalties against animal fight- ‘‘49. Enforcement of animal fighting prohibi- fighting in this country. It increases ing were codified in 1976, Federal au- tions.’’. the penalties under the current Federal thorities have pursued less than half a SEC. 3. AMENDMENTS TO THE ANIMAL WELFARE law for transporting animals in inter- dozen animal fighting cases, despite ACT. state commerce for the purpose of the fact that the USDA has received Section 26 of the Animal Welfare Act (7 fighting and for interstate and foreign numerous tips from informants and re- U.S.C. 2156) is amended— commerce in knives and gaffs designed quests to assist with State and local (1) in subsection (c), by striking ‘‘inter- for use in cockfighting. prosecutions. state instrumentality’’ and inserting ‘‘in- Specifically, H.R. 137 makes viola- strumentality of interstate commerce for In addition, despite the fact that all commercial speech’’; tions of the law a felony punishable by 50 States have banned dog fighting and (2) in subsection (d), by striking ‘‘such sub- up to 3 years in prison. Currently, all but one State has banned cock- sections’’ and inserting ‘‘such subsection’’; these offenses are limited to mis- fighting, the animal fighting industry (3) by striking subsection (e) and inserting demeanor treatment with the possi- continues to thrive within the United the following: bility of a fine and up to 1 year of im- States. Numerous nationally circulated ‘‘(e) It shall be unlawful for any person to prisonment. Most States make all animal fighting magazines advertise knowingly sell, buy, transport, or deliver in staged animal fighting illegal. Just one fighting animals, and paid lobbyists interstate or foreign commerce a knife, a State currently allows cockfighting to gaff, or any other sharp instrument at- continue to advocate for animal fight- tached, or designed or intended to be at- occur legally. ers’ interests. Thankfully, H.R. 137 will tached, to the leg of a bird for use in an ani- The transport of game birds for the seek to bring an end to these practices. mal fighting venture.’’; purpose of animal fighting and the im- Finally, Mr. Speaker, this bill affects (4) in subsection (g)— plements of cockfighting are already matters within the jurisdiction of the

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We appreciate their assist- bill with over 300 cosponsors from both out in support of this basic, common- ance in bringing this bill expeditiously sides of the aisle. sense, long overdue legislation. to the floor, and I will insert into the The Animal Fighting Prohibition En- I thank those who have worked so CONGRESSIONAL RECORD at this point an forcement Act increases criminal pen- tirelessly across the years to bring us exchange of letters between Chairman alties for illegal dog fighting and cock- to this day where this bill has now PETERSON of the Agriculture Com- fighting. The act, furthermore, imposes come before the floor. mittee and Chairman CONYERS of Judi- penalties for the interstate promotion I’m pleased to join the growing list of sup- ciary. of animal fighting and the interstate porters, including the 30 or so Members of the U.S. HOUSE OF REPRESENTATIVES, transportation of animals for use in an Judiciary Committee, that have decided to COMMITTEE ON THE JUDICIARY, animal fighting venture. lend their support to this measure. Washington, DC, March 8, 2007. All 50 States, Mr. Speaker, prohibit For far too long, the sponsors of abusive Hon. COLLIN C. PETERSON, dog fighting, and 48 States prohibit animal fighting events (including cockfight and Chairman, Committee on Agriculture, dog fight promoters) have been permitted to Washington, DC. cockfighting. Louisiana and New Mex- ico, the two States that do, in fact, freely engage in such activities without any DEAR MR. CHAIRMAN: Thank you for your real fear of prosecution. Fortunately, the bill recent letter regarding the Agriculture Com- allow cockfighting, may take up legis- before us seeks to change that. mittee’s jurisdictional interest in H.R. 137, lation to ban the practice as early as the ‘‘Animal Fighting Prohibition Enforce- First, the legislation provides up to the three this year. years in jail for people who transport animals ment Act of 2007,’’ which the Committee on According to the Humane Society, the Judiciary reported by voice vote. As or- in interstate commerce with the purpose of dered reported, the bill establishes criminal animal fighting, particularly cock- participating in an animal fighting venture. Cur- penalties for violations of Federal prohibi- fighting, has become an interstate ven- rent law only treats such offenses as a mere tions on animal fighting. ture with small syndicates of misdemeanor. However, research has shown I appreciate your willingness to discharge cockfighters moving across the coun- us that simple misdemeanor criminal penalties the bill from further consideration by your try staging these different fights. Ani- Committee, in order to expedite its floor don’t provide enough of a meaningful deter- mal fighting is also linked oftentimes rent, especially when thousands of dollars are consideration. I understand and agree that with other criminal conduct such as this is without prejudice to your Commit- wagered on a single dog or cock fight. tee’s jurisdictional interests in this or simi- drug trafficking, illegal firearms sales, Second, the legislation makes it unlawful to lar legislation in the future. In the event a and gang activity. sell or ship instruments in interstate commerce House-Senate conference on this or similar By raising this offense from a mis- that are designed to be attached to the leg of legislation is convened, I would support your demeanor to a felony, we are more a bird for use in an animal fighting venture. request for an appropriate number of con- likely to deter illegal animal fighting Razor sharp knives, commonly known as ferees. and increase the likelihood that Fed- ‘‘slashers’’, are oftentimes attached to the legs I will include a copy of your letter and this eral prosecutors will pursue these response as part of the Congressional Record of a bird to make cockfights even more vio- during consideration of the legislation on cases. lent. This provision would prohibit such activ- the House floor. Thank you for your coopera- I urge my colleagues to support this ity, and subject any violators to a term of im- tion as we work towards enactment of H.R. bipartisan legislation. prisonment of up to three years in jail. 137. Mr. Speaker, I reserve the balance of Finally, the legislation includes a special Sincerely, my time. provision clarifying that this measure only su- JOHN CONYERS, Jr., Mr. SCOTT of Virginia. Mr. Speaker, persedes state law in the case of a direct or Chairman. I yield such time as he may consume to irreconcilable conflict. the gentleman from Michigan (Mr. The Humane Society, the American Veteri- U.S. HOUSE OF REPRESENTATIVES, ONYERS nary Medical Association, the National Sheriffs COMMITTEE ON AGRICULTURE, C ), chairman of the Judiciary Washington, DC, March 8, 2007. Committee. Association, and nearly 400 local law enforce- Hon. JOHN CONYERS, Mr. CONYERS. Mr. Speaker, to sub- ment agencies covering all 50 states have all Chairman, Committee on the Judiciary, committee Chairman BOBBY SCOTT we come out in support of this legislation. Washington, DC. owe a debt of gratitude, as well as to I strongly urge my colleagues to lend their DEAR MR. CHAIRMAN: Thank you for your subcommittee Ranking Member COBLE support to this bipartisan, commonsense recent letter regarding Judiciary Committee and, of course, the author of this bill, measure as well. action on H.R. 137, a bill to establish crimi- Mr. COBLE. Mr. Speaker, I now yield ELTON GALLEGLY, who through the nal penalties for violations of Federal prohi- 3 minutes to the distinguished gen- years has persevered to make us finally bitions on animal fighting. tleman from California (Mr. In the interest of expediting the consider- come to this day. I guess we should GALLEGLY), member of the House Judi- ation of H.R. 137, I agree to the discharge of also thank about 303 Members of the ciary Committee and original sponsor the bill from further consideration by the House of Representatives that have Committee on Agriculture. I do so with the of this legislation. stuck with us and supported this legis- Mr. GALLEGLY. Mr. Speaker, I understanding that the Committee on Agri- lation all this time. My congratula- culture does not waive any future jurisdic- thank the gentleman for yielding. tional claim over this or similar matters. In tions to all of you. I never thought that As you know, along with my good the event a conference with the Senate is re- a measure that was not considered as friend EARL BLUMENAUER and ROSCOE quested on this bill, the Committee on Agri- grave and large as some of the issues BARTLETT, we have been trying to fed- culture reserves the right to seek appoint- that come before the House Judiciary erally criminalize this brutal, inhu- ment of conferees. Committee would meet with so much mane practice of animal fighting for Thank you for your cooperation in this encouragement and support to get us matter. the past several Congresses. Sincerely, to this day. I congratulate the House of When Congress enacted legislation to COLLIN C. PETERSON, Representatives and the leadership on tighten Federal animal fighting laws, Chairman. both sides. we left in place weak penalties that With that, Mr. Speaker, I urge my I join, of course, in this measure and have proven ineffective and allowed the colleagues to support the legislation. would like to make this point: this leg- barbaric practice to thrive, in spite of Mr. Speaker, I reserve the balance of islation includes a special provision bans in virtually every State. Mis- my time. clarifying the fact that it only super- demeanor penalties simply don’t pro- Mr. COBLE. Mr. Speaker, I yield my- sedes State law in the case of a direct vide a meaningful deterrent. Animal self such time as I may consume. or irreconcilable conflict. The Humane fighters consider misdemeanor pen- Mr. Speaker, H.R. 137, the Animal Society is with us. The American Vet- alties as a ‘‘slap on the wrist’’ or mere- Fighting Prohibition Enforcement Act erinary Medical Association is with us. ly the ‘‘cost of doing business.’’

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Those who prof- hand with animal fighting, including to become the last State to make it il- it from animal fighting often drug dogs illegal gambling, drug trafficking, and legal, making it illegal in every State and roosters to make them hyper-ag- acts of human violence. In the last 6 in the Union. gressive and to keep fighting even after months, virtually every reported arrest Why then is this even an issue? Well, suffering severe injuries. The animals in an animal fight has also led to addi- it is an underground and pervasive ac- are in a closed pit from which they tional arrests for at least one of these tivity. It is in fact active across the cannot escape. Often, they die during criminal activities. country. the fight. This is a gruesome and inhu- Cockfighting has also spread diseases I just heard from one of our floor mane practice. The American people that jeopardize poultry and even public staff as we walked in today that he saw agree. Dog fighting is illegal in 50 health. California experienced this accounts from small town newspapers States and cockfighting is illegal in firsthand when cockfighters spread ex- in Alabama the last 2 weeks in articles most. otic Newcastle disease in 2002 and 2003. there. In Portland, Oregon, in recent Current law is simply not strong That outbreak cost U.S. taxpayers months we have had officers break into enough. Animal fighting often leads to nearly $200 million to eradicate, and a meth and coke den where there were additional criminal behavior. It is as- the cost to the U.S. poultry industry 43 live chickens and all the equipment, sociated with illegal gambling, nar- was in the millions. Cockfighting has as well as illegal weapons and large cotics trafficking, public corruption, been identified as the major contrib- amounts of cash. In another high-pro- gang activity, and violent behavior to- utor to the spread of avian flu through- file case in my community, a profes- ward people. out Thailand and other parts of Asia, sional basketball player was involved The National Sheriffs’ Association where the strain originated. with illegal fighting of his pit bull. supports the legislation, and more than I want to express my sincere thanks This is something that has been an 400 individual sheriffs and police de- to you, EARL BLUMENAUER, and to ROS- area, frankly, where Congress has partments in every State in the coun- COE BARTLETT for their work on this shamefully been complicit. We have ig- try have endorsed it. They recognize legislation. I also commend and thank nored the fact that inadequate pen- that animal fighting often involves my good friend and neighbor Mr. JOHN alties, as has been said by the chair- movement of animals across interstate CONYERS, the chairman of the com- man of the committee, by my friend and foreign borders, and they can’t do mittee; LAMAR SMITH, the ranking from California, which have just been the job on their own. They need the member; BOBBY SCOTT, the chairman of the ‘‘cost of doing business,’’ We have Federal Government to do its part to the subcommittee; and RANDY FORBES, looked the other way. curb this dangerous activity. the ranking member, for recognizing This is an important vote today. I am I am proud to be a part of this bipar- the importance of this issue and mov- confident with over 300 co-sponsors it tisan effort to curb this appalling ing H.R. 137 through the Judiciary will pass, and it will pass overwhelm- treatment of animals. I urge my col- Committee so quickly. ingly. But the battle is not done. Never leagues to join me in voting yes on b 1715 underestimate the power of the apolo- H.R. 137. Also I want to recognize COLLIN PE- gists, the allies and the enablers of this Mr. COBLE. Mr. Speaker, I continue TERSON on the Ag Committee for his vicious and cruel, I won’t even call it a to reserve the balance of my time. assistance. ‘‘sport,’’ it is a vicious practice. Mr. SCOTT of Virginia. Mr. Speaker, Finally, more important than all, is I am hopeful that we will move for- I yield 3 minutes to the gentleman recognizing the 303-plus Members that ward with not just voting today, but from Tennessee (Mr. COHEN). have co-sponsored this legislation. It is make sure that it passes the other Mr. COHEN. Mr. Speaker, I want to hard to believe that we have that many body, and it is not subjected, as it has thank the gentleman from Virginia for people agreeing on something like this been time and time again over the last this time. when it is not often that we have that 5 years, to some other devious action. This is my first year in the Congress. many people in the House agreeing on Do not sell short the people who are In my 24 years in the State senate, I what day of the week it is. So I want to apologists for this sport. Join with us was the leading spokesperson for ani- thank all of them for their support. not just with your vote but to make mal welfare legislation, and I took Mr. Speaker, I ask my colleagues to sure that we get this legislation en- great pride in that. So I am particu- join with all of us in passing this legis- acted and then enforced around the larly appreciative of standing up on lation when we bring it to a vote here country. this bill. in a couple of minutes. Mr. COBLE. Mr. Speaker, I reserve I incorporate by reference all the Mr. SCOTT of Virginia. Mr. Speaker, the balance of my time. things that have been said about the I yield 3 minutes to the gentleman Mr. SCOTT of Virginia. Mr. Speaker, harmful effects of this practice, and from Oregon (Mr. BLUMENAUER), the I yield 21⁄2 minutes to the gentlelady they are well known. I think that the lead Democratic sponsor of this meas- from California, Ms. SA´ NCHEZ. spread of avian flu and all the other ure. Ms. LINDA T. SA´ NCHEZ of Cali- pertinent conduct is to be prohibited. Mr. BLUMENAUER. Mr. Speaker, I fornia. Mr. Speaker, I rise today in But the main thing is, dogs are our appreciate Mr. SCOTT’s courtesy in per- proud support of H.R. 137, the Animal best friends. Harry Truman said, if you mitting me to speak and the leadership Fighting Prohibition Enforcement Act want a friend in Washington, get a dog. in taking what is seemingly a simple of 2007, because it is time for the Fed- So far, I haven’t been here 90 days, I and innocuous bill and bringing it to eral Government to up the ante in its have made lots of friends. I haven’t the floor of the House. I appreciate efforts to curb this cruel and gruesome needed a dog yet, but I have thought working with my friend, ELTON abuse of animals. about the day. I saw a Congressman GALLEGLY. This has been a long haul, The current misdemeanor penalties come in the other day, Congressman lots of ups and downs, but today we in Federal law have not been effective. WHITFIELD from Kentucky, he had his reach an important milestone. They are considered a cost of doing dog with him. He has been here more This is my fifth year of working on business by the animal fighting indus- years than me. this issue. We were exposed to it during try, which continues to operate across Dogs are our friends. We all have the last farm bill. We found that this the country. dogs that we feel that are part of our got caught up in back-room machina- This bill addresses the growing prob- families. We shouldn’t treat any of tions that really just defy description. lem of animal fighting by amending God’s creatures the way that people

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Some dogfighters trict. practice. steal pets to use as bait for training their dogs; But my particular interest is dogs, As has been said, it is cruel, and it is some allow trained fighting dogs to roam and we should treat them well. They inhumane. They drug these animals so neighborhoods and endanger the public. are our friends. You can go back in TV that they are hyper-aggressive, so that 2. FELONY PENALTIES ARE NEEDED lore, Lassie and Asta, and you think they will continue fighting until they Misdemeanor penalties don’t provide a about Snoopy. To teach them to fight, kill or are killed. That is not right. It meaningful deterrent; they’re considered a to require them to fight, to watch is not moral. But even beyond the cruel ‘‘slap on the wrist’’ or a ‘‘cost of doing busi- them die is just not what God intended and inhumane aspect of this practice, ness.’’ And prosecutors are reluctant to pursue and not what we should encourage and it represents a very dangerous public animal fighting cases carrying only a mis- condone. health threat, as well as a source of a demeanor penalty. Since the Federal animal Children shouldn’t be exposed to this, great deal of other illegal criminal ac- fighting law was first enacted in 1976, authori- and sometimes they are. This type of tivity. ties have pursued only a handful of cases, de- conduct leads to other types of harmful This House would be well-served to spite receiving innumerable informant tips conduct and violence against women, listen to the more than 300 Members about illegal interstate activity and requests to violence against seniors. People who who have cosponsored this legislation assist with state and local busts and prosecu- enjoy this type of violence and watch- and pass it today. tions. ing it are more often than not going to Mr. SCOTT of Virginia. Mr. Speaker, 3. THE ANIMAL FIGHTING PROHIBITION ENFORCEMENT be the most likely people to pick on I yield 1 minute to the gentlewoman ACT BRINGS FEDERAL LAW IN LINE WITH STATE LAWS others who are unable to take care of from Texas (Ms. JACKSON-LEE). When the Federal animal fighting law was themselves. Ms. JACKSON-LEE of Texas. Mr. enacted in 1976, only one state had felony I am very proud to be a cosponsor of Speaker, let me thank the author of penalties for animal fighting. Today, H.R. 137. I look forward to its passage the bill and certainly the chairman of dogfighting is a felony in 48 states, and cock- and the day that we don’t have people the Subcommittee on Crime, the chair- fighting is a felony in 33 states. State laws who get some type of great enjoyment man of the full committee and ranking commonly authorize jail time of 3 to 5 years or out of watching dogs, cocks or any members as well. more for animal fighting. other of God’s creatures fight to the I rise to enthusiastically support 4. OTHER RECENT FEDERAL ANIMAL PROTECTION LAWS death and find pleasure and enjoyment H.R. 137 and announce that it is im- THAT AMENDED TITLE 18 OF THE U.S. CODE HAVE FEL- in it and teach their children by that pacting so many different communities ONY PENALTIES association that violence is something that it is imperative that there be a In 1999, Congress authorized imprisonment good, when it isn’t. Federal prohibition on transporting of up to 5 years for interstate commerce in Mr. COBLE. Mr. Speaker, I am ad- animals interstate. There is a question videos depicting animal cruelty, including ani- vised the distinguished gentleman from of disease, there is a question of vio- mal fighting (P.L. 106–152), and mandatory Virginia would like me to yield 3 min- lence, and certainly with the increas- jail time of up to 10 years for willfully harming utes to the distinguished gentleman ing numbers of dangerous animals that or killing a federal police dog or horse (P.L. from Virginia (Mr. MORAN) which I am attack human beings, fighting animals 106–254). pleased to do. certainly pose a severe threat to the 5. THERE IS NO REASON TO ALLOW INTERSTATE AND Mr. MORAN of Virginia. Mr. Speak- community. FOREIGN COMMERCE IN SHARP IMPLEMENTS DESIGNED er, I thank both my friend from North This is a good bill. I am delighted to EXCLUSIVELY FOR COCKFIGHTS Carolina and my friend from Virginia, be a co-sponsor. The good news is that Razor-sharp knives known as ‘‘slashers’’ as well as the chairman of the Judici- we are getting it through the House and ice pick-like gaffs are attached to the legs ary Committee, for bringing this for- today. This bill has been around since of birds to make cockfights more violent. ward, as well as those who have spoken the last session. I congratulate all of These weapons, used only in cockfights, are on behalf of this bill. the authors. It is time now to spell re- sold through cockfighting magazines and This is not just a nuisance industry. lief by passing this bill and protecting through the Internet. This is a malicious industry that rep- the lives of our children and saving the 6. THE ANIMAL FIGHTING INDUSTRY CONTINUES TO resents a very, very serious public lives of those who would be endangered THRIVE ACROSS THE U.S health threat. We are very much con- by cockfighting and other dangerous All 50 states ban dogfighting, 48 states ban cerned that the interstate or inter- activities with animals. cockfighting, and there has been a dramatic national transport, especially of birds Mr. Speaker, I rise in strong support of H.R. increase in the number of animal fighting raids used for cockfighting, could spread an 137, the ‘‘Animal Fighting Prohibition Enforce- by state and local authorities. Yet numerous influenza outbreak. The World Health ment Act of 2007.’’ I was a co-sponsor of this nationally circulated animal fighting magazines Organization has reported at least nine legislation when it was considered in the 109th still promote these cruel practices and adver- confirmed human cases of avian flu in Congress and a strong supporter and co- tise fighting animals and the accoutrements of Thailand and Vietnam that they expect sponsor when the bill was re-introduced in this animal fighting. There are also several active is related directly to cockfighting ac- Congress. websites for animal fighting enthusiasts, and tivity. Mr. Speaker, H.R. 137 establishes felony- paid lobbyists advocating animal fighters’ inter- The American Veterinary Medical level jail time (up to 3 years) for violators of ests. Association, the poultry industry, all the Federal animal fighting law. The bill the animal protection associations, of amends Title 18 of the U.S. Code to strength- 7. COCKFIGHTERS HAVE SPREAD DISEASES AND POSE A CONTINUING THREAT TO FARMERS AND PUBLIC HEALTH course, but the National Sheriffs’ Asso- en the maximum jail time from the 1-year mis- ciation as well has urged us to pass demeanor level in current law. The bill also As former Agriculture Secretary Ann this bill. prohibits interstate and foreign commerce in Veneman wrote in a May 2004 letter indicating Yes, there are 50 different State bills cockfighting weapons. the Bush Administration’s endorsement of the animal fighting felony legislation: against dog fighting, 49 against cock- 1. DOGFIGHTING AND COCKFIGHTING ARE INHUMANE AND fighting, but many of them are dif- BARBARIC ACTIVITIES ‘‘[cockfighting has] been implicated in the ferent. And the fact is there is a great introduction and spread of exotic Newcastle In a typical fight, animals are drugged to disease in California in 2002–2003, which cost deal of interstate commerce that takes heighten their aggression and forced to keep U.S. taxpayers nearly $200 million to eradi- place, so you need a Federal law ban- fighting even after injuries such as pierced cate, and cost the U.S. poultry industry ning this, because it is so closely asso- lungs and gouged eyes—all for the amuse- many millions more in lost export mar- ciated, and this is what the National ment and illegal wagering of handlers and kets.... We believe that tougher penalties

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and prosecution will help to deter illegal States health and economy. Cockfighting has BLUMENAUER, I have introduced H.R. 137 to movement of birds as well as the inhumane been implicated in the introduction and spread establish felony-level jail time of up to 3 years practice of cockfighting itself.’’ of exotic Newcastle disease in California in for those who violate the law against animal According to government officials, interstate 2002–2003, which cost the U.S. taxpayers fighting. H.R. 137 would amend current law to and international transport of fighting birds nearly $200 million to eradicate. The disease toughen the maximum jail time from a one- posed the greatest risk of transmission, since spread further to large scale egg farms in Ari- year misdemeanor. cockfighters move their birds often and partici- zona, Nevada, New Mexico, and Texas; cost- The penalties in the existing federal animal pants from as many as a dozen states gather ing the U.S. poultry industry many millions of fighting statute are too weak. The upgraded at illegal fighting derbies. dollars in lost export markets. Cockfighting has penalty better aligns federal law with state law. Cockfighting also has been implicated in the also been implicated in the deaths of at least Almost all states have established felony-level deaths of at least 9 people in Asia who were 9 people in Asia who contracted avian flu after penalties for illegal animal fighting activities. reportedly exposed through cockfighting activ- exposure to fighting birds. If avian flu were to State laws commonly authorize jail time of 3 to ity to bird flu. The National Chicken Council, reach the shores of America, the economic 5 years or more for animal fighting. which represents 95 percent of U.S. poultry and human consequences would be stag- George Bernard Shaw once stated, ‘‘The producers/processors, has called on Congress gering. worst sin toward our fellow creatures is not to to enact the animal fighting felony legislation, This bill has widespread support across the hate them, but to be indifferent to them, that’s noting ‘‘we are concerned that the nationwide country, including 303 cosponsors in the the essence of inhumanity.’’ We should not be traffic in game birds creates a continuing haz- House and 35 cosponsors in the Senate. HR indifferent to the reprehensible underground ard for the dissemination of animal diseases.’’ 137 is endorsed by the Humane Society of the organized crime of animal fighting, which is We can’t afford not to act. The economic con- United States, the National Chicken Council not only cruel but poses threats to public sequences of an avian influenza outbreak are which represents 95 percent of the Nation’s health and safety. staggering—with U.S. losses estimated at be- poultry producers, the American Veterinary The Humane Society of the U.S. estimates tween $185 and $618 billion (Congressional Medical Association, the National Sheriff’s As- that there are at least 40,000 dogfighters in Budget Office) and worldwide losses projected sociation, and more than 400 local law en- America. Cockfighting has been tied to the spread of bird flu. Animal fighting spawns a from $1.5 to $2 trillion (The World Bank). forcement agencies. Currently there is only number of other criminal activities, such as il- 8. H.R. 137 ENJOYS OVERWHELMING BIPARTISAN one bastion left for cock fighters; the State of legal gambling and using and selling drugs. SUPPORT Louisiana. Although gamers have attempted to Even more disturbing is the conclusion by H.R. 137 currently has more than 300 spon- use tribal lands as exemptions from state and many experts that acts of cruelty against ani- sors. More than 400 local and state law en- federal laws, a federal jury recently convicted mals are precursors to violence against hu- forcement agencies covering every state in the four men for their participation in a cockfight, mans. The felony-level penalties against ani- country have endorsed this legislation, along and 70 others entered guilty pleas. It is my un- mal fighting in H.R. 137 are necessary, and I with animal welfare, poultry industry, and other derstanding that the increase in penalties con- urge my colleagues to support the bill. organizations. Enacting this animal fighting tained within this bill would be equally applica- Mr. FARR. Mr. Speaker, I rise today in legislation is long overdue. ble to animal fights held on tribal lands or In- strong support of H.R. 137, the Animal Fight- Mr. Speaker, I urge my colleagues to sup- dian Reservations. ing Prohibition Enforcement Act of 2007. port H.R. 137. It is far past time that Congress give our law As many of my colleagues know, I have had Mr. COBLE. Mr. Speaker, I yield enforcement agencies the tools they need to a lifelong love and compassion for animals of back the balance of my time. end this barbaric and consequential practice. all kinds. That is why I am simply shocked that Mr. SCOTT of Virginia. Mr. Speaker, Mr. SHAYS. Mr. Speaker, I rise in support it is not already illegal to take animals across I urge my colleagues to support this of H.R. 137, the Animal Fighting Prohibition state lines for the purpose of fighting. This is legislation. It is bipartisan legislation. Enforcement Act, of which I am also a co- an inhumane and cruel practice that must not We have listened to all of the people sponsor. The way a society treats its animals be allowed to continue. Another reason why who have worked long and hard on this speaks to the core values and priorities of its this practice must be outlawed is because ani- legislation. I hope it will be the pleas- citizens. I am committed to animal welfare be- mal fighting spreads disease and poses an ure of the House to pass the bill. cause I believe humankind has an obligation enormous public health risk. At a time when Mr. BLUMENAUER. Mr. Speaker, I support to all animals. avian flu is at the forefront of this county’s the Animal Fighting Prohibition Act, which Currently, it is a misdemeanor to sell, buy, health-related worries, it should be of the ut- would raise the penalty for violators of the fed- or transport an animal to be used in a fight. most concern to people that animal fighting is eral animal welfare law, from a class 1 mis- This legislation would make the crime a fel- occurring all across the country. It makes one demeanor to a felony. In an industry where ony and increase the imprisonment penalty wonder, what kind of person could enjoy a thousands of dollars change hands with each from 1 year to 3 years. The legislation also ‘‘sport’’ like this? fight, misdemeanor fines and charges are sim- makes it unlawful to ship in interstate com- In the forty-eight states where animal fight- ply considered ‘‘the costs of doing business’’. merce a knife, gaff, or other sharp instrument ing is already outlawed, illegal gambling goes This bill would close this loophole and keep used in cockfighting, and makes it a felony to hand-in-hand with this gruesome activity. H.R. criminals from traveling to states with weaker use the postal service to promote an animal 137, the Animal Fighting Prohibition Enforce- penalties to conduct their business. fight. ment Act of 2007, makes it a felony to know- Animal fights are not only despicable for Dog fighting is banned in 50 states and ingly sponsor or exhibit an animal or to use their cruelty to animals, but they are com- cockfighting is banned in all but two, so I be- interstate commerce for the purposes of fight- monly associated with illegal gambling, drug lieve the Federal government is simply codi- ing. This bill would impose a prison sentence traffic, firearms trades, and numerous other il- fying a value that our States governments of up to 3 years. licit activities. Recently in Oregon, officers have already individually expressed. I have supported this legislation since 2003. found meth, cocaine, $10,000 in cash, along Animal fighting is a cruel pastime where, in I am pleased that this legislation has over- with 43 live chickens, cockfighting equipment a typical fight, animals are drugged to height- whelming bipartisan support, with 303 cospon- including metal spurs and gaffs in a Portland en their aggression and forced to keep fight- sors. Obviously we need stronger laws on this man’s home. Drugs are often the impetus for ing, even after injuries, for the amusement and because this practice still continues. the discovery of gamecocks and illegal weap- illegal wagering of handlers and spectators. Mr. Speaker, I urge my colleagues to pass ons. In another high profile Oregon case, a We must put an end to this form of entertain- H.R. 137, the Animal Fighting Prohibition En- former Portland Trailblazer pled guilty to ani- ment, which results in the brutal treatment of forcement Act of 2007. mal abuse for fighting his pit bull. Officials animals. Mr. KUCINICH. Mr. Speaker, I rise today in found her bloody, scarred, and covered in tar As a co-chair of the Congressional Friends support of H.R. 137, the Animal Fighting Pro- which is used by fighters as a cheap antiseptic of Animals Caucus, I will continue to work on hibition Enforcement Act of 2007. It is hard to to fresh wounds. a bipartisan basis to help protect animals at believe that an act as horrendous and brutal But animal fighting doesn’t just pose a the Federal level. as animal fighting still takes place today. threat to the people and animals who engage Mr. BARTLETT of Maryland. Mr. Speaker, H.R. 137 would make engaging in animal in them, it has enormous costs to the United with my colleagues Mr. GALLEGLY and Mr. fighting a felony. This legislation will ensure

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00018 Fmt 0688 Sfmt 9920 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7645 that those who choose to fight animals illegally fighting ventures consider misdemeanor pen- This bill simply promotes meaningful en- will be met with the appropriate penalty when alties a ‘‘slap on the wrist’’ or merely a ‘‘cost forcement of current Federal law that bars they disregard the law. of doing business.’’ interstate and foreign movement of animals for Despite the fact that the vast majority of In recent years, we’ve seen a marked rise fighting purposes, including both dog fighting states have banned this atrocious and deplor- in the frequency of animal fighting busts in and cockfighting, by upgrading current mis- able act, animal fighting continues to plague communities across the country. Local police demeanor penalties to a felony level. The bill our communities. Animals such as dogs and and sheriffs are increasingly concerned about is explicitly limited to interstate and foreign chickens are fought to the death in the name animal fighting, not only because of the animal commerce, so it protects States’ rights in the of sport. This is unhealthy, violent behavior on cruelty involved, but also because of the other 2 States where cockfighting is allowed, yet fur- the part of humans and is inhumane and mer- crimes that often go hand-in-hand, including il- ther protects States’ rights in the other 48 ciless to the animals. legal gambling, drug trafficking, and acts of States where weak Federal law compromises I commend both local and state officials for human violence. In the last 6 months, every the ability to keep animal fighting outside their stepping up raids on animal fighting rings. reported bust of an animal fight also led to ad- borders. Now it is time for this body of Congress to do ditional arrests for at least one of these crimi- I also wanted to clarify for the RECORD that our part by making these offenses a felony nal activities. subsection (c) of section 26 of the Animal under Federal law. I urge my colleagues to Furthermore, there is an inherent danger for Welfare Act, which is about interstate instru- join me and vote in favor of the Animal Fight- the children of animal fighters to be close to mentalities and commercial speech, prohibits ing Prohibition Enforcement Act, H.R. 137. these animals. Children are often brought to the websites and the magazines where fight- Mrs. MALONEY of New York. Mr. Speaker, these gruesome spectacles. Some dog fight- ing animals are advertised for sale. These I rise today in strong support of H.R. 137, the ers steal pets to use as bait for training their publications are commercial speech, and also Animal Fighting Prohibition Enforcement Act of dogs; some allow trained fighting dogs to clearly promote animal fighting. They advertise 2007. I want to thank my colleagues Rep- roam neighborhoods and endanger the public. fighting animals and weapons for sale in inter- state commerce. For example, over the last 12 resentative GALLEGLY and Representative There is the additional concern that cockfighters spread diseases that jeopardize months, there have been over 1,600 pages BLUMENAUER for their hard work on this issue. This important legislation will make it illegal poultry flocks and even public health. We in worth of advertisements for illegal interstate commercial transactions in the two main cock- to transport an animal across State or inter- California experienced this first-hand, when cockfighters spread exotic Newcastle disease, fighting magazines. national borders for the purpose of fighting, Subsection (d) is meant to limit subsection prohibits use of the mail system to promote which was so devastating to many of our poul- try producers in 2002 and 2003. That outbreak (c) with respect to the magazines and other animal fighting, and criminalizes interstate commercial speech promoting cockfights in buying, selling, or transportation of knives or cost U.S. taxpayers nearly $200 million to eradicate, and cost the U.S. poultry industry States where that is legal. It acts as a limita- gaffs used for animal fighting. tion upon subsection (c), but, as under current Animal fighting is a deplorable activity with many millions more in lost export markets. Cockfighting has been identified as the law, only if the effect of that promotion is lim- a purely negative impact on society. In major contributor of the spread of avian flu ited to cockfights in the one State where cock- cockfights, when two birds fight with blades or throughout Thailand and other parts of Asia, fighting is still legal. So as a practical matter, gaffs attached to their feet, at least one, and where the strain originated. At least nine peo- (d) does not limit enforcement of (c) against sometimes both of the birds are killed. Dogs ple who contracted avian flu and died from it the cockfighting magazines and website ad- who are made to fight often sustain severe in- reportedly contracted it from fighting birds. vertisements, because these materials pro- juries such as deep wounds and broken Among those who are reported to have died mote animal fights in every State—they are bones. Subsequent to fights, many dogs die of from avian influenza as a result of exposure sent to or read by buyers in many States, who blood loss, exhaustion, or shock. Fighting ani- through cockfighting, include 4-year-old, 6- buy the fighting animals and implements and mals are usually subject to inhumane living year-old, and 18-year-old boys in Thailand and then use them in animal fights in States where conditions intended to make them more ag- a 6-year-old girl in Vietnam. Fortunately, bird cockfighting is illegal. gressive, sometimes denied adequate nutri- flu has not yet jumped the species barrier in Finally, I also want to say that these provi- tion, and made to exercise until they are phys- this country, but we ought to do all we can to sions in current law, which are mirrored in ically exhausted. minimize the risk. H.R. 137, pose no problem in terms of the In addition to the inexcusable harm inflicted Opponents of H.R. 137 have said this bill First Amendment. Animal fighting magazines on the animals, the fights also have negative should be blocked because it will drive them and websites aren’t protected by the First effects on humans. Illegal gambling and drug underground, increasing the public health Amendment. The Supreme Court has been trafficking are often closely tied to animal fight- risks. That’s a ludicrous argument. They’re al- clear on this score—there is no First Amend- ing operations. Also, animals bred to fight are ready underground (it’s illegal in 49 States and ment protection for commercial speech where abnormally aggressive, and pose a danger to various localities in the remaining State, Lou- the underlying commercial transaction is law- the communities they live in if they were to get isiana). They’re coaching each other, as docu- fully prohibited, as is the case here. Sub- loose. mented in chat rooms and other communica- section (c) is clearly constitutional. It is nar- I applaud the passage of this bill, which will tions that have been intercepted, to hide their rowly tailored with this in mind. First Amend- end an inhumane practice that is an embar- birds to avoid detection in the event of an out- ment consideration is built right into the lan- rassment to our country. I am proud that this break. We’re not talking about stellar citizens guage. It only prohibits ‘‘commercial democratic majority has made animal welfare who are planning to contact health officials to speech’’—like the cockfighting magazines with a priority in the 110th Congress. ‘‘do their part’’ in stemming a pandemic. We’ll all of their advertisements for contraband. Mr. GALLEGLY. Mr. Speaker, as you know, be much better off cracking down on illegal These animal fighting magazines are not polit- I, along with Mr. BLUMENAUER and Mr. BART- cockfighting than allowing this high-risk indus- ical speech, they are basically just catalogs, LETT, have been trying to federally criminalize try to continue thriving and hoping they’ll work with hundreds of advertisements per issue for the brutal, inhumane practice of animal fight- with the government cooperatively to stem the illegal transactions. The sellers are just solic- ing for the past several Congresses. threat of disease. iting the buyers to commit criminal acts. They A few years ago, Congress enacted legisla- We need to help State and local law en- can’t cloak it in the First Amendment just by tion to tighten Federal laws with regard to ani- forcement officials who have requested this throwing a little bit of non-commercial speech mal fighting; however, this law created some strengthening of Federal laws to rid animal in there either, and the Supreme Court has loopholes that allowed the barbaric practices fighting from communities that do not want it. been clear on that as well. of animal fighting to thrive nationwide, in spite This legislation makes violations of federal ani- This is the perfect example of a bipartisan of bans in virtually every State. We left in mal fighting law a felony punishable by up to bill. The bill I cosponsored in the last Con- place weak penalties that have proven ineffec- 3 years in prison, makes it a felony to trans- gress, the Animal Fighting Prohibition Act of tive. Misdemeanor penalties simply don’t pro- port an animal across State or international 2006, had 324 cosponsors and was passed vide a meaningful deterrent. We’ve heard from borders for the purpose of animal fighting, and through the Senate by unanimous consent. U.S. Attorneys that they are reluctant to pur- prohibits the interstate and foreign commerce Mr. BLUMENAUER, Mr. BARTLETT, and I rounded sue animal fighting cases with just a mis- in knives and gaffs designed for use in cock- up 300 Democrat and Republican co-sponsors demeanor penalty. Those involved in animal fighting. in just a few weeks.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00019 Fmt 0688 Sfmt 9920 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7646 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 I want to express my sincere thanks to Mr. for that matter, can be spliced into the DNA of The text of the bill is as follows: BLUMENAUER and Mr. BARTLETT for their work a hog to grow a heart a baboon can use. H.R. 580 on this legislation. We have all been working The heart was then harvested from the hog Be it enacted by the Senate and House of Rep- on this legislation for quite some time. I also and transplanted to a baboon. The baboon resentatives of the United States of America in want to commend Mr. CONYERS, Mr. SMITH, lived another 6 months with a heart that was Congress assembled, Mr. SCOTT, and Mr. FORBES for recognizing grown in a pig. This is longer then the first SECTION 1. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS. the importance of this issue and thank them human heart transplant patient. Section 546 of title 28, United States Code, for moving H.R. 137 through the Judiciary But what has been proven now is that hu- is amended by striking subsection (c) and in- Committee so quickly. I also want to thank Mr. mans can transplant through transgenics the serting the following new subsections: PETERSON of the Agriculture Committee for his human immune system into a hog. In doing ‘‘(c) A person appointed as United States assistance on this matter. Finally, I want to so, and we are only 3 years, maybe 4 years attorney under this section may serve until thank my 300+ colleagues who cosponsored away from being able to custom build the the earlier of— H.R. 137. Without your help, we would not human organ. rejection genetics into a pig. ‘‘(1) the qualification of a United States at- torney for such district appointed by the have been able to show the amount of support We will be able to very soon custom raise President under section 541 of this title; or this Congress has for ending this deplorable human organs in hogs. Today we are already ‘‘(2) the expiration of 120 days after ap- practice and all of the destructive behavior as- transplanting out of hogs and into humans an- pointment by the Attorney General under sociated with it. terior cruciate ligaments and heart valves. this section. Mr. KING of Iowa. Mr. Speaker, on February We can raise in hogs 28 different organs. ‘‘(d) If an appointment expires under sub- 7, 2007, the House Committee of the Judiciary Not just hearts, but lungs, esophagus, stom- section (c)(2), the district court for such dis- passed by voice vote H.R. 137, the Animal ach, bladder, but other important organs as trict may appoint a United States attorney Fighting Prohibition Enforcement Act of 2007. well, kidneys, pancreas, liver, even skin for to serve until the vacancy is filled. The order of appointment by the court shall be filed This is a bad piece of legislation that will bum patients; name your organ. Except for the with the clerk of the court. greatly devalue human life in the eyes of the brain. ‘‘(e) This section is the exclusive means for law. The reason for bringing up these pigs is that appointing a person to temporarily perform the H.R. 137 would make it a federal felony to it further illustrates how the animal rights com- functions of a United States attorney for a dis- transport a chicken across state lines for the munity, through legislation such as H.R. 137, trict in which the office of United States attor- purpose of exhibiting it in a fight. Currently, 49 seeks to pass their agenda for animals on the ney is vacant.’’. states have laws on the books to address this rest of America. They oppose using animals SEC. 2. APPLICABILITY. issue. To add a federal law would add another (a) IN GENERAL.—The amendments made by for lifesaving research like I just mentioned. this Act shall take effect on the date of the en- layer of bureaucracy to an already com- My home state of Iowa is an agricultural actment of this Act. plicated legal code. state. We understand the importance of ani- (b) APPLICATION.— I believe that human life is diminished by mal husbandry and good stewardship of our (1) IN GENERAL.—Any person serving as a our making it a felony to transport animals for animals. However, we also understand that United States attorney on the day before the fighting, without first making it a felony to take animals are less important than humans. Ani- date of the enactment of this Act who was ap- a minor girl across a state line for an abortion. mal rights activists seek to place heifers and pointed under section 546 of title 28, United It is a strong conviction of mine to fight for the States Code, for a district may serve until the hogs on the same level as people. I disagree. earlier of— sanctity of life. I strongly oppose this legislation because (A) the qualification of a United States attor- While I believe that it is important that we animals should not be elevated above hu- ney for that district appointed by the President act humanely in our treatment of animals, I do mans. Mr. Speaker, I would urge my col- under section 541 of that title; or not believe that we should put their welfare leagues to oppose this legislation. (B) 120 days after the date of the enactment of ahead of unborn babies or minor girls. I call Mr. SCOTT of Virginia Mr. Speaker, this Act. upon the Humane Society to work for human- (2) EXPIRED APPOINTMENTS.—If an appoint- I yield back the balance of my time. ment expires under paragraph (1)(B), the dis- ity to humanity first. The SPEAKER pro tempore. The trict court for the district concerned may ap- Until we provide a higher standard of pro- question is on the motion offered by point a United States attorney for that district tection for human life, I will oppose making the gentleman from Virginia (Mr. under section 546(d) of title 28, United States interstate transportation of animals for pur- SCOTT) that the House suspend the Code, as added by this Act. poses of animal fighting a felony. In the U.S., rules and pass the bill, H.R. 137, as The SPEAKER pro tempore. Pursu- we are faced with the alarming practice of amended. ant to the rule, the gentleman from people taking a minor girl across state lines The question was taken. Michigan (Mr. CONYERS) and the gen- for an abortion to avoid their own state’s laws The SPEAKER pro tempore. In the tleman from North Carolina (Mr. that require the minor’s parents to be notified. opinion of the Chair, two-thirds being COBLE) each will control 20 minutes. Federal legislation, CIANA, the Child Interstate in the affirmative, the ayes have it. The Chair recognizes the gentleman Abortion Notification Act, would only make this Mr. WESTMORELAND. Mr. Speaker, from Michigan. abhorrent activity, which exploits a young on that, I demand the yeas and nays. GENERAL LEAVE woman and kills her child, a misdemeanor. The yeas and nays were ordered. Mr. CONYERS. Mr. Speaker, I ask Though this legislation has not yet become The SPEAKER pro tempore. Pursu- unanimous consent that all Members law, it is a step forward in the right direction. ant to clause 8 of rule XX and the have 5 legislative days to revise and ex- Many who I know opposed CIANA in the past Chair’s prior announcement, further tend their remarks and include extra- will vote today for the misdemeanor in current proceedings on this question will be neous material on the bill under con- law, transporting a chicken, to become a fel- postponed. sideration. ony, thereby placing animal welfare over that The SPEAKER pro tempore. Is there f of a young girl and her unborn baby. objection to the request of the gen- I believe that we should not place more b 1730 tleman from Michigan? value on animal life than we do on human life. There was no objection. It makes no sense that killing a person is a INTERIM APPOINTMENT OF Mr. CONYERS. Mr. Speaker, I yield misdemeanor offense while transporting ani- UNITED STATES ATTORNEYS myself such time as I may consume. mals to a fight is a felony, punishable by three Mr. CONYERS. Mr. Speaker, I move Mr. Speaker, the measure before us years in a federal penitentiary. to suspend the rules and pass the bill today has been introduced by the gen- Mr. Speaker, while on the topic of valuing (H.R. 580) to amend chapter 35 of title tleman from California, a ranking human life, I would like to talk briefly about 28, United States Code, to provide for a member of the committee and a sub- bio-medical research, which is opposed by 120-day limit to the term of a United committee Chair, HOWARD BERMAN. It animal rights activists. I would like to mention States attorney appointed on an in- is intended to restore the historical that there is bio-medical research being done terim basis by the Attorney General, checks and balances to the process by demonstrating, through transgenics, that the and for other purposes, as amended. which interim U.S. Attorneys are ap- immune system from a baboon, or a human The Clerk read the title of the bill. pointed. It will repair a breach in the

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7647 law that has been a major contributing they now number in the hundreds, al- slipped into the USA PATRIOT Reauthoriza- factor in the recent termination of though we get them late on Friday tion Act conference report in March 2006. eight able and experienced United nights, by the Attorney General’s then- Without any I debate, let alone the benefit of States Attorneys and their replace- chief of staff, for example, discussing a single hearing in either body, this provision ment with interim appointments. It their plan to install the former Repub- was added at the behest of the Justice De- has gathered much attention across lican National Committee political op- partment’s top political appointees, to signifi- this Nation, and not just in govern- erative, the new provision would enable cantly enhance their power to appoint interim ment and legal circles. them to ‘‘give far less deference to U.S. Attorneys, without having to subject the The full circumstances surrounding home State Senators and thereby get appointments to the customary safeguard of these terminations are still coming to our preferred person appointed and do Senate confirmation. light, but what we know is already it far faster and more efficiently at less Indeed, the Administration’s deliberate plan very troubling. The reports about these political cost to the White House.’’ to exploit the new provision to bypass the terminations are particularly troubling This is outrageous. The Senate has Senate confirmation process is now well docu- in that the United States Attorneys already acted. The time is now. We mented. As bluntly explained in an internal e- are among the most powerful govern- need to move as rapidly as we can to mail by the Attorney General’s then chief of ment officials we have. They have the correct this very serious error that staff, for example, discussing their plan to in- power to seek convictions and bring casts a question upon the integrity of a stall the former RNC political operative, the the full weight of the United States very, very important part of our gov- new provision would enable them to ‘‘give far Government against any citizen or ernment, the Department of Justice. less deference to home-State Senators and company that they deem important Speaker, the bill before us today, introduced thereby get (1) our preferred person appointed and eligible for prosecution. They can by my friend HOWARD BERMAN, will restore the and (2) do it far faster and more efficiently, at negotiate plea agreements. They can historical checks and balances to the process less political cost to the White House.’’ send people to prison for years and by which interim U.S. Attorneys are appointed. Traditionally—since the Civil War—when- years. And frequently, the mere disclo- It will repair a breach in the law that has been ever a U.S. Attorney left office, and until the sure of a criminal investigation can de- a major contributing factor in the recent termi- Senate could confirm a replacement, the local stroy reputations and careers. nation of eight able and experienced United federal district court has appointed someone These are awesome powers. And so States Attorneys and their replacement with to fill the position on an interim basis. This was a neutral means of ensuring that perma- we on the Judiciary Committee con- interim appointments. sider it absolutely essential that the The full circumstances surrounding these nent appointments remained the shared re- American people have full confidence terminations are still coming to light, but what sponsibility of the President and the Senate— in those entrusted to exercise these we know already is very troubling. to encourage the President to send a nomina- powers and that they do so with com- In one instance, the primary apparent quali- tion to the Senate promptly, and to encourage plete integrity and free from political fication for the President’s chosen replace- the Senate to act promptly on the nomination. In 1986, at the request of Attorney General influence of any kind. ment was that he had been an aggressive po- Ed Meese, the law was modified to authorize The committee’s investigation into litical operative at the Republican National the Attorney General to make short-term in- these troubling circumstances is con- Committee, thereby putting himself on Karl terim U.S. Attorney appointments, for up to tinuing. The longer time goes on, the Rove’s A list. In several other instances, the 120 days. But if a permanent U.S. Attorney more we know; and the more we know, U.S. Attorney was in the midst of a sensitive had not been confirmed by the end of that 120 the more we are troubled about what public corruption investigation, and there were days, the district court retained authority to has been going on in the Department of reportedly complaints from Republicans that make the appointment for the remainder of the Justice. It has already become abun- the investigation was being pursued too ag- interim period. This procedure, codified in 28 dantly clear that the gaping vulner- gressively against a fellow Republican, or was U.S.C. § 546, preserved the incentives on the ability in the law, which has placed the not being pursued aggressively enough Executive and Legislative Branches to work independence and integrity of our pros- against a Democrat. together on the nomination and confirmation of ecutorial system in jeopardy, needs to The reports about these terminations are a permanent replacement. be repaired as quickly as possible; and particularly troubling in that U.S. Attorneys are That balanced approach was that is what we are here to do today. among our most powerful government officials. unceremoniously jettisoned a year ago, and What helped bring these troubling They not only have power to seek convictions with it respect for the Senate’s role in ensuring circumstances about, what helped and negotiate plea agreements that can send that the President’s power to hire and fire U.S. make it possible for high-level Justice people to prison for years. The mere disclo- Attorneys at will was not abused at the ex- Department and White House officials sure of a criminal investigation can destroy pense of prosecutorial integrity. to even entertain the notion that they reputations and careers. The stealth provision in the 2006 USA PA- could, as appears to be the case, target These are awesome powers, and it is abso- TRIOT Reauthorization Act completely re- certain U.S. Attorneys for an unprece- lutely essential that the American people can moved the district court as a backstop in the dented mid-course purge was an ob- have full confidence those entrusted to exer- interim appointment process, turning over sole scure provision adequately and anony- cise these powers do so with complete integ- power to the Attorney General, to unilaterally mously slipped into the USA PATRIOT rity and free from improper political influence. make interim appointments, for an unlimited Reauthorization Act conference report The Committee’s investigation into these time, with no obligation to involve the Senate, in March of 2006. Without any debate, troubling circumstances is continuing, and we or the Judicial Branch, or anyone else. let alone the benefit of a single hearing will know more, and we will leave extended H.R. 580 will restore the checks and bal- in either body, this provision, added at discussion of them for another day. But it has ances that have historically provided a critical the behest of the Justice Department’s already become abundantly clear that the gap- safeguard against politicization of U.S. Attor- top political appointees to signifi- ing vulnerability in the law, which has placed neys. First, it repeals the 2006 change to sec- cantly enhance the power to appoint the independence and integrity of our prosecu- tion 546, keeping the Attorney General’s in- interim U.S. Attorneys without having torial system in jeopardy, needs to be repaired terim appointment role, but limiting it to 120 to subject their appointments to cus- as quickly as possible. And that is what we days, as it was before. tomary safeguard of Senate confirma- are here to do today. Second, the bill clarifies that section 546 is tion. It was a middle-of-the-night in- What helped bring these troubling cir- the only way to make interim U.S. Attorney sertion, and we are here to correct cumstances about—what helped make it pos- appointments. This additional change has be- that. sible for high-level Justice Department and come necessary in light of indications, docu- Indeed, the administration’s plan to White House officials to even entertain the no- mented by the Congressional Research Serv- exploit the new provision to bypass the tion that they could, as appears to be the ice, that the Justice Department has used, and Senate confirmation process is now case, target certain U.S. Attorneys for an un- could again use, the Federal Vacancies Re- well documented. As bluntly explained precedented mid-course purge—was an ob- form Act to evade the intent of a tightened by internal e-mails we received, and scure provision quietly and anonymously section 546.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00021 Fmt 0688 Sfmt 9920 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7648 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 Mr. Speaker, this bill is an important step in current U.S. Attorney controversy, not My suspicions about the role of this restoring legal safeguards against abuse of the bill itself. It was then heard by the provision in the firing of at least eight Executive power to politicize core government full committee, but there was no op- U.S. Attorneys have been confirmed functions that need to be above political cal- portunity for the Judiciary Sub- after reading the documents turned culations in their execution. I urge my col- committee on Commercial Administra- over by the Justice Department. We leagues to support this important legislation. tive Law markup to therefore improve learned, for example, that in an e-mail Mr. Speaker, I reserve the balance of the bill. to former White House Counsel Harriet my time. Republicans on the Judiciary Com- Miers, former Attorney General Chief Mr. COBLE. Mr. Speaker, I yield my- mittee, many of us, would have liked of Staff Kyle Sampson wrote: ‘‘I self such time as I may consume. to have worked with the Democrats in strongly recommend that as a matter Mr. Speaker, I rise in mild opposition a bipartisan fashion more thoroughly, of administration policy we utilize the to H.R. 580, primarily against the proc- and I think we may have come at the new statutory provisions that author- ess rather than substantively. finish line with a more favorable fin- ize the Attorney General to make U.S. Scrutiny over the dismissal of sev- ished product. Given more time, we Attorney appointments.’’ eral U.S. Attorneys in recent days may might have considered some promising The Congressional Research Service, have triggered this legislation. While ideas. For instance, this bill does not a nonpartisan entity, has completed a we are still learning the facts sur- address the problem of appointing and report finding that these firings are un- rounding those dismissals, it does re- confirming United States Attorneys in precedented. Prior to the forced res- main clear that the U.S. Attorneys do a timely fashion. Senators KYL and ignation of eight U.S. Attorneys in re- indeed serve at the pleasure of the SESSIONS introduced amendments in cent months, and outside the normal President. Some are calling for over- the Senate proposing several other re- turnover of U.S. Attorneys that occurs sight investigation because of the po- sponses to inherent conflicts created with a new administration, only 10 U.S. litical appearance surrounding those by United States Attorney vacancies Attorneys were forced to resign in the dismissals, and this is fine; but amend- and possible ways to provide for last 25 years. The 10 U.S. Attorneys ing the appointment process for in- interims. cited in the CRS report were all fired terim U.S. Attorneys I believe is the In these times of the war on terror, for cause, most under a cloud of scan- wrong response. Mr. Speaker and colleagues, and the dal. Prior to 1986, the district court ap- continuing age-old war on crime, the H.R. 580, legislation offered by my pointed interim U.S. Attorneys to fill service of the United States Attorneys, friend and colleague from California, vacancies until a Presidential ap- indeed the front line of Federal law en- Representative HOWARD BERMAN, pro- pointee had been nominated and con- forcement, is more than ever a matter vides the necessary legislative response firmed by the Senate. In 1986, the proc- of first importance to the Nation. to restore checks and balances in the ess was changed to authorize the At- Their appointment is serious business. U.S. Attorney appointment process by torney General to appoint an interim We should not have rushed to judgment reinstating the 120-day limit on all in- United States Attorney for 120 days, at in attending to this business, but in- terim appointments. which time, if the Senate had not con- stead have given the legislative process The bill also closes other potential firmed a new United States Attorney, more time to work. I think we missed loopholes through which Senate con- the district court would then appoint an opportunity to improve the bill as a firmation could be bypassed. It clari- an interim to serve until a new perma- result. fies that section 546 of title 28 of the nent United States Attorney was in- Mr. Speaker, I reserve the balance of United States Code is the exclusive deed confirmed. my time. means of appointing interim U.S. At- This process was not infallible. Some Mr. CONYERS. Mr. Speaker, I yield torneys. said authorizing the judiciary to ap- myself 15 seconds only to say, Mr. HOW- Additionally, the bill would apply point the prosecutors before their ARD COBLE, I recognize you as a sincere retroactively to all U.S. Attorneys cur- court created a conflict of interest, and and experienced and valued member of rently serving in an interim capacity. I think a good argument can be made this committee, and I appreciate the This would ensure that interim U.S. for that. Others said the Executive circumstances that you are in this Attorneys appointed since the purge could maneuver the Constitution by evening. scheme was hatched are not permitted terminating a court-appointed interim Mr. Speaker, I yield 4 minutes to the to serve indefinitely and without Sen- by repeatedly substituting its own in- subcommittee chairwoman, LINDA ate confirmation. terim for 120-day stints. A good argu- SANCHEZ of California, and I thank her At a legislative hearing on H.R. 580 ment could well be made for that as for the excellent job that she has done. before the Subcommittee on Commer- well. Ms. LINDA T. SA´ NCHEZ of Cali- cial and Administrative Law on March In 2005, the process for appointing in- fornia. Mr. Speaker, I rise in support of 6, this bill received strong support from terim United States Attorneys, how- H.R. 580, a bill to revoke the Attorney the president of the National Associa- ever, was changed once again. This was General’s unfettered authority to ap- tion of Former U.S. Attorneys, as well an amendment to section 546 of title 28, point U.S. Attorneys indefinitely. as a former Republican-appointed U.S. which eliminated the 120-day time This legislation would repeal a small Attorney. It is also important to note limit for an Executive-appointed in- provision, with enormous repercus- that the Attorney General himself has terim to serve and eliminated the au- sions, that was placed into the USA expressed that he is not opposed to thority for the district court to ap- PATRIOT Reauthorization Act con- rolling back this provision of the PA- point an interim. ference report. The provision, which re- TRIOT Act. And if the Attorney Gen- Unfortunately, one of these responses moved the 120-day limit for interim ap- eral’s claim that he was not aware of to the recent dismissals had been H.R. pointment of U.S. Attorneys, allows in- the Justice Department efforts to 580, which would return the process of terim appointees to serve indefinitely quietly insert this provision are true, appointing interim United States At- and without Senate confirmation. it would seem he never wanted the PA- torneys for 120 days and authorizing We now know that the provision was TRIOT Act changes to the U.S. Attor- the judiciary to appoint interims if a inserted into the conference report at ney selection process in the first place. permanent United States Attorney is the request of a Justice Department of- Additionally, the corresponding bill not confirmed prior to the 120-day ficial. Clearly, the Justice Depart- in the Senate received strong bipar- passes. ment’s effort to insert this provision tisan support and passed by an over- The bill, H.R. 580, was accelerated was just one part of the Bush adminis- whelming margin of 94–2. through the Judiciary Committee. tration’s coordinated plan to purge Mr. Speaker, we must begin to re- Only one hearing was held on the bill. U.S. Attorneys across the country for store the independence of U.S. Attor- That hearing focused mostly on the political reasons. neys across the country and return to

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7649 the bedrock principle of our court sys- This is a Department, the Depart- Mr. CONYERS. I recognize the gen- tem that justice must be served objec- ment of Justice, that says it fired eight tleman from Oregon (Mr. BLUMENAUER) tively and without fear or favor. U.S. Attorneys for not coordinating for 1 minute. b 1745 their work 100 percent with the prior- Mr. BLUMENAUER. Mr. Speaker, I ities of the Department, and yet we are appreciate the chairman’s courtesy in While the consideration of H.R. 580 supposed to believe that they are per- permitting me to speak on this bill. I will not end the Judiciary Committee’s mitting a relatively low-level official appreciate also what Ranking Member ongoing investigation of the U.S. At- to fly solo in changing Federal law on COBLE talked about in terms of out- torney purge scheme, the passage of the appointment of U.S. Attorneys lining these issues. this legislation is a critical step in this without any other departmental in- But it seems to me that there was process to close the loophole in the PA- volvement. It is for this reason, I say just one area where I would take mod- TRIOT Act that this administration to my friend from North Carolina, that est exception with him, and that is the has improperly exploited for political the first thing we need to do is to go notion that we should have been taking purposes. more time to vet this and look at alter- I urge my colleagues to support this back to the status quo ante, the com- natives. Because I fully agree with the legislation. promise worked out in the Reagan ad- Mr. COBLE. Mr. Speaker, I reserve ministration with Attorney General Ed gentleman from California, where the balance of my time. Meese, a Democratic House and the Re- there was not adequate time for Con- Mr. CONYERS. Mr. Speaker, I recog- publican Senate in 1986, which allowed gress to be involved is when this was nize HOWARD BERMAN, the senior mem- for this process where we gave for the slipped into the PATRIOT Act revi- ber on the Judiciary Committee, and first time the Attorney General the sions in the first place. Without the thank him for his authorship of the right to name an interim U.S. Attor- knowledge of anybody, it seems, in the measure that brings us to the floor this ney, providing the district court with House or the Senate, this change was evening. I yield to him 5 minutes. the theoretical ability, should that done by the staff behind closed doors. Mr. BERMAN. Mr. Speaker, I thank court choose to do so, to replace or, as We didn’t know about it. I haven’t the chairman who cosponsored this bill has been much more likely, simply re- heard yet from any of my Republican with me, along with the gentleman affirm the naming of the interim U.S. friends that did. from Virginia (Mr. SCOTT), chairman of Attorney if no full U.S. Attorney had By restoring the status quo ante the the Crime Subcommittee of Judiciary been confirmed yet by the Senate. way that it had been for years, we get Committee. What is clear from the e-mails pro- back to a situation where we can re- H.R. 580 does only one thing, it re- vided to the Judiciary Committee is move this from the table. We can have stores the checks and balances that, that the Department of Justice and a dispassionate discussion about what until last year, had long been part of White House employees, whatever their has happened with the Department of the process for filling vacancies in U.S. motivation in pushing this proposal Justice and its future; and, if we want Attorneys’ offices. originally, whatever their motivation, to make any change, then at least we I won’t go through the history of how they quickly figured out that the pro- have something that has stood the test interim U.S. Attorneys were appointed, vision created the possibility to cir- of time. because the chairman has spelled it cumvent the Senate and decided to ex- Mr. COBLE. Mr. Speaker, I reserve out, and the gentleman from North ploit that power. the balance of my time. Carolina has reaffirmed that history. One e-mail between the Department Mr. CONYERS. The gentleman from But I want to address the one issue my of Justice and the White House depicts Washington (Mr. INSLEE) is recognized friend from North Carolina raised, an effort to slow-walk a nomination so for 2 minutes. which is, were we to take a longer an interim appointee can stay in place. Mr. INSLEE. Mr. Speaker, this bill time, this might have been, at least to The two employees discussed an in- could not be more timely. As I was his way of thinking, a better approach. terim appointee in Arkansas who they walking across the street in front of The whole goal of this bill is to re- knew was unlikely to get Senate con- the Supreme Court, I saw the inscrip- store the status quo ante before a firmation. tion chiseled in the marble of the Su- sneak attack change on the law uti- An employee in the White House preme Court. It says, ‘‘Equal justice lized in the PATRIOT Act without any- Counsel’s Office writes, ‘‘If this is a under law.’’ But we have witnessed now one calling special attention to it, section 546 appointment for unlimited in the last few weeks the unpeeling of undiscussed by the conferees or by the duration, he can call himself U.S. At- a scandal where the executive branch members of either this House or the torney. Our talkers should avoid refer- fired eight well-performing U.S. Attor- other body, change that law to give the ring to him as ’interim.’’’ neys because they would not do the po- executive bench total authority in this The Attorney General’s chief of staff litical dirty work of the White House. particular area. replies, and I quote, ‘‘We should gum And it is apparent now, as much as it The Senator, a member of the other this to death. Our guy is in there so the has ever been, that we have to have a body who was chairman of the Judici- status quo is good for us. Pledge a de- check and balance on the executive ary Committee of the other body dur- sire for a Senate-confirmed U.S. Attor- branch with Senate confirmation. ing this time, has said that he didn’t ney and otherwise hunker down.’’ I want to know why this is so viscer- know about the provision until a col- I suggest there is ample opportunity ally important. In my district in west- league alerted him to it last month. in the record to recognize that the ern Washington, we had a gentleman The former chairman’s staff told him change we made in the PATRIOT Act named John McKay who was doing, by that the Department of Justice pro- without the knowledge, as far as I can all rights, a good job as a U.S. Attor- vided the language and that it was in- tell, of any representative of either ney for western Washington. But then serted in the conference report by a House was an ill-considered change; there was this contentious election out member of his staff who was made U.S. and the first thing we need to do and there for Governor in 2004, and a bunch Attorney in Utah only 4 months later. what this bill does is bring the law of Republicans were leaning on him to Now we have a different story from back to what had existed. start a grand jury investigation alleg- the Department of Justice. Will Mr. CONYERS. Mr. Speaker, how ing voter fraud because the vote came Moschella, the former head of the Of- much time remains on either side? out in favor of the Democrat. He re- fice of Legislative Affairs, now claims The SPEAKER pro tempore. The gen- fused to do so because he said he didn’t sole responsibility for the provision tleman from Michigan has 5 minutes; see any evidence of voter fraud. and says he pursued the change on his the gentleman from North Carolina has A little later what happens is he goes own, without the knowledge or coordi- 151⁄2 minutes. to the White House for a meeting about nation of his superiors at the Justice Mr. COBLE. Mr. Speaker, I reserve a prospective judgeship, and what do Department or the White House. the balance of my time. they ask him about? They say: How

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7650 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 come Republicans are mad at you, at and consent of the Senate. Each United ess was eliminated. Even more problematic, it the White House. And he knows what States Attorney so appointed is authorized to created a possible loophole that permits they are mad about, is because they serve a 4-year term but is subject to removal United States Attorneys appointed on an in- wouldn’t go after this case where there by the President without cause. The Senate’s terim basis to serve indefinitely without ever was no evidence of voter fraud. It was advise and consent process formally checks being subjected to a Senate confirmation proc- apparent they were leaning on him; the power of the President by requiring the ess, which is plainly a result not contemplated and, when he did not collapse, he was United States Attorney nominee to go through by the Framers. fired. a confirmation process. In addition, Senators Mr. Speaker, excluding changes in adminis- Now, this is a situation where it is also play a particularly influential informal role tration, it is rare for a United States Attorney clear that we need Senate confirma- in the nomination of United States Attorneys. to not complete his or her 4-year term of ap- tion. And, by the way, I have written a Typically, a President, prior to appointing a pointment. According to the Congressional Re- letter to the President today saying new United States Attorney, consults with the search Service, only 54 United States Attor- the President should reinstate that Senators from the State where the vacancy neys between 1981 and 2006 did not com- U.S. Attorney while this matter is in- exists if they are members of the President’s plete their 4-year terms. Of these, 30 obtained vestigated. This thing smells like a political party. The President usually accepts other public sector positions or sought elective mackerel in the moonlight, and it the nominee recommended by the Senator or office, 15 entered or returned to private prac- needs to be resolved. Until it is re- other official. This tradition, called ‘‘senatorial tice, and 1 died. Of the remaining eight United solved, Congress is going to be inves- courtesy,’’ serves as an informal check on the States Attorneys, two were apparently dis- tigating; and to prevent this from hap- President’s appointment power. missed by the President, and three apparently pening again, we need to be sure we Since the Civil War, the judiciary has been resigned after news reports indicated they had have Senate confirmation. empowered to fill vacancies in the office of the engaged in questionable personal actions. Mr. COBLE. Mr. Speaker, the gen- United States Attorney. In 1966, that authority Mr. Speaker, in the past few months dis- tleman from Washington referred to it was codified at 28 U.S.C. § 546. When a turbing stories appeared in the news media re- as scandal. It may well end up being a United States Attorney position became va- porting that several United States Attorneys scandal, but I think to use that word cant, the district court in the district where the had been asked to resign by the Justice De- today might well be premature. But, vacancy occurred named a temporary replace- partment. It has now been confirmed that at meanwhile, I reserve the balance of my ment to serve until the vacancy was filled. In least seven United States Attorneys were time. 1986, in response to a request by the Attorney asked to resign on December 7, 2006. An Mr. CONYERS. Mr. Speaker, I yield General that its office be vested with authority eighth United States Attorney was subse- to the gentlewoman from Texas, SHEI- to appoint interim United States Attorneys, quently asked to resign. They include the fol- LA JACKSON-LEE, 1 minute. Ms. JACKSON-LEE of Texas. Mr. Congress amended the statute to add former lowing: H.E. Cummins, III, U.S. Attorney, E.D. Speaker, I thank the distinguished gen- section 546(d). Ark.; John McKay, U.S. Attorney, W.D. Wash.; Pursuant to this authority, the Attorney Gen- tleman, and I rise with sadness to sup- David Iglesias, U.S. Attorney, D. N.M.; Paul K. eral was authorized to appoint an interim port this legislation that clears up the Charlton, U.S. Attorney, D. Ariz.; Carol Lam, United States Attorney for 120 days and, if the obviously ongoing abuse and disrespect U.S. Attorney, S.D. Calif.; Daniel Bogden, U.S. of the integrity of the three branches Senate did not confirm a new United States Attorney, D. Nev.; Kevin Ryan, N.D. Calif.; and of government. Attorney within such period, the district court Margaret Chiara, W.D. Mich. We passed the PATRIOT Act that was then authorized to appoint an interim On March 6, 2007, the Subcommittee on some of us did not support, but we did United States Attorney to serve until a perma- Commercial and Administrative Law held a not intend for it to be used to avoid the nent replacement was confirmed. By having hearing entitled, ‘‘H.R. 580, Restoring Checks constitutional Senate confirmation the district court play a role in the selection of and Balances in the Confirmation Process of process. That is what has happened. We an interim United States Attorney, former sec- United States Attorneys.’’ Witnesses at the understand now that the Attorney Gen- tion 546(d) allowed the judicial branch to act hearing included six of the eight former United eral unfortunately may have been in as a check on executive power. In practice, if States Attorneys and William Moschella, Prin- meetings, may have been informed of a vacancy was expected, the Attorney General cipal Associate Deputy Attorney General, issues dealing with the termination of would solicit the opinion of the chief judge of among other witnesses. U.S. Attorneys without providing that the relevant district regarding possible tem- Six of the six former United States Attorneys direct information to the United States porary appointments. testified at the hearing and each testified that Congress. Twenty years later, section 546 was amend- he or she was not told in advance why he or This legislation again sets the Con- ed again in the USA PATRIOT Improvement she was being asked to resign. Upon further stitution back on its feet. It allows for and Reauthorization Act of 2005. This legisla- inquiry, however, Messrs. Charlton and Senate confirmation for U.S. Attor- tion amended section 546(c) to provide that Bogden were advised by the then Acting As- neys, and it puts back on track the in- ‘‘[a] person appointed as United States attor- sistant Attorney General, William Mercer, that tegrity in terms of the respect and in- ney under this section may serve until the they were terminated essentially to make way tegrity that is necessary for the judici- qualification of a United States Attorney for for other Republicans to enhance their creden- ary and legal system that the Amer- such district appointed by the President’’ tial and pad their resumes. In addition, ican people have come to understand under 28 U.S.C. § 541. The extent of the legis- Messrs. Iglesias and McKay testified about in- and believe. I believe we should support lative history of this provision is one sentence appropriate inquiries they received from Mem- this bill, and I hope we will get back on appearing in the conference report accom- bers of Congress concerning pending inves- track with the relationship between panying the act: ‘‘Section 502 [effecting the tigation, which they surmised may have led to Congress, the executive, and the judici- amendments to section 546] is a new section their forced resignations. ary. and addresses an inconsistency in the ap- Mr. Speaker, the USA PATRIOT Act Reau- Mr. Speaker, I rise in strong support of H.R. pointment process of United States Attor- thorization provision on interim U.S. Attorneys 580, which amends chapter 35 of title 28 of neys.’’ should be repealed for two reasons. First, the United States Code to restore the 120-day Although the legislative purpose is unclear, Members of Congress did not get an oppor- limit on the term of a United States Attorney the practical effect is not. The act amended tunity to vet or debate the provision that is cur- appointed on an interim basis by the Attorney section 546 in two critical respects. First, it ef- rent law. Rather the Republican leadership of General. The shocking disclosures of the last fectively removed district court judges from the the 109th Congress slipped the provision into few weeks provide all the justification needed interim appointment process and vested the the conference report at the request of the De- to adopt this salutary measure promptly and Attorney General with the sole power to ap- partment of Justice. Not even Senate Judiciary by an overwhelming margin. Our friends in the point interim United States Attorneys. Second, Chairman ARLEN SPECTER, whose chief of other body passed companion legislation last the act eliminated the 120-day limit on the staff was responsible for inserting the provi- week by a vote of 94–2. term of an interim United States Attorney ap- sion, knew about its existence. Mr. Speaker, United States Attorneys are pointed by the Attorney General. As a result, Second, it is now clear that the manifest in- appointed by the President with the advice judicial input in the interim appointment proc- tention of the proponents of the provision was

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to allow interim appointees to serve indefinitely dermines the confirmation process of the Senator SESSIONS proposed to set qualifica- and to circumvent Senate confirmation. We United States Senate and removes a legisla- tion standards for judicial appointments of in- know now, for example, that in a September tive check on executive power. terim appointees. These standards would have 13, 2006 e-mail to former White House Coun- (3) Vesting residual power to appoint an in- helped prevent unsuitable judicial ap- sel Harriet Miers, Attorney General Chief of terim United States Attorney in the Federal pointees—assuming, for the purposes of argu- Staff Kyle Sampson wrote: district court in which the vacancy occurs con- ment, that there should be any judicial ap- I strongly recommend that, as a matter of stitutes an important judicial check on execu- pointees of Executive Branch prosecutors. Administration policy, we utilize the new tive power. This bill would allow judges to appoint the statutory provisions that authorize the At- Mr. Speaker, H.R. 580 is a thoughtful and very Executive Branch prosecutors practicing torney General to make U.S. Attorney ap- well crafted legislative measure which will re- before them, and would raise legal, ethical pointments. store public confidence in the process by and practical concerns. Surely we could have Mr. Sampson further said that by using the which interim United States Attorneys are ap- done better than return to a flawed law of the new provision, DOJ could ‘‘give far less def- pointed. I strongly support the bill and urge all past. erence to home-State Senators and thereby Members to do likewise. The rush to legislation also led to an under- get (1) our preferred person appointed and (2) Mr. COBLE. Mr. Speaker, I yield considered amendment adopted at committee do it far faster and more efficiently, at less po- back the balance of my time. mark-up. That amendment would preclude the litical cost to the White House.’’ Mr. CONYERS. Mr. Speaker, Mem- use of the full range of tried and true tools in Regarding the interim appointment of Tim bers of the House, the American people the Vacancy Reform Act to obtain interim U.S. Griffin at the request of Karl Rove and Harriet must have full confidence in the integ- Attorneys. Miers, Mr. Sampson wrote to Monica Good- rity and the independence of the Specifically, it would preclude the President ling, Senior Counsel to the White House and United States Attorneys in charge of from reaching out to Senate-confirmed, Presi- Liaison to the White House on December 19, Federal prosecutions throughout the dential appointees serving in other capacities, 2006 the following: country, in every State. While they rather than just career civil servants, to serve I think we should gum this to death: ask owe the President their appointments, in these important posts on an interim basis. the Senators to give Tim a chance, meet once they are in their jobs their en- The amendment limits the pool of qualified with him, give him some time in office to see forcement decisions must be unques- how he performs, etc. If they ultimately say, individuals to serve temporarily as U.S. Attor- ‘no never’ (and the longer we can forestall tionably above politics; and that is neys, so it weakens the federal government’s that, the better), then we can tell them we’ll why we are here today. ability to fight crime. look for other candidates, and otherwise run Senate confirmation is required for In these times of the War on Terror and the out the clock. All of this should be done in each one of them in an open and public continuing, age-old war on crime, the service ‘good faith,’ of course. process, and it is a critical safeguard of U.S. Attorneys—the front line of federal law Finally, we now know that after gaining this against politicization of our prosecu- enforcement—is more than ever a matter of increased authority to appoint interim U.S. At- torial system. This safeguard has been first importance to the Nation. Their appoint- torneys indefinitely, the administration has ex- severely compromised by the secret ment is serious business. ploited the provision to fire U.S. Attorneys for change that has been referred to, and We should not have rushed to judgment in political reasons. A mass purge of this sort is this bill restores the safeguards. attending to this business, but instead have unprecedented in recent history. The Depart- b 1800 given the legislative process the time that it ment of Justice and the White House coordi- deserves. nated this purge. According to an administra- I ask my colleagues to fully support We have missed an opportunity to improve tion ‘‘hit list’’ released on Tuesday, U.S. Attor- this measure on both sides of the aisle. this bill. The American people have not been neys were targets for the purge based on their Mr. SMITH of Texas. Mr. Speaker, this leg- well-served. rankings. The ranking relied in large part on islation would return the procedures for ap- Mr. CONYERS. Mr. Speaker, I yield whether the U.S. Attorney ‘‘exhibit[ed] loyalty pointing interim U.S. Attorneys to what it was back the balance of my time. to the President and Attorney General.’’ before Congress reauthorized the PATRIOT The SPEAKER pro tempore. The Mr. Speaker, until exposed by this unfortu- Act. question is on the motion offered by nate episode, United States Attorneys were Some have claimed that the PATRIOT Act’s the gentleman from Michigan (Mr. expected to, and in fact did exercise, wide dis- reform was used to avoid Senate confirmation CONYERS) that the House suspend the cretion in the use of resources to further the of permanent U.S. attorneys. To prevent that rules and pass the bill, H.R. 580, as priorities of their districts. Largely a result of its alleged abuse, this bill, H.R. 580, was rushed amended. origins as a distinct prosecutorial branch of the headlong through the Judiciary Committee. The question was taken. Federal Government, the office of the United One hearing was held on the bill. But that The SPEAKER pro tempore. In the States Attorney traditionally operated with an hearing focused mostly on the current U.S. At- opinion of the Chair, two-thirds being unusual level of independence from the Jus- torney controversy, not the bill, itself. It was in the affirmative, the ayes have it. tice Department in a broad range of daily ac- then pushed immediately to the full committee, Mr. CONYERS. Mr. Speaker, on that tivities. That practice served the Nation well without an opportunity for subcommittee mark- I demand the yeas and nays. for more than 200 years. The practice that has up. The yeas and nays were ordered. been in place for less than 2 years has served Republicans on the Judiciary Committee The SPEAKER pro tempore. Pursu- the Nation poorly. It needs to end. would have liked to have worked more with ant to clause 8 of rule XX and the Mr. Speaker, during the full committee the Democrats in a bipartisan fashion to im- Chair’s prior announcement, further markup of H.R. 580, I brought to my col- prove the existing law. We might well have proceedings on this question will be leagues’ attention the value of including in the found a better solution. postponed. bill or committee report the core congressional The majority’s own witnesses at the hearing, findings that forms the justification for this leg- for example, testified that much of the problem f islation. Briefly stated, those findings are as with the interim appointments process is the time it takes to obtain Senate confirmation. SAFETEA–LU TECHNICAL follows: CORRECTIONS ACT The Congress finds as follows: This bill, however, does not address that prob- (1) That United States Attorneys are ‘‘infe- lem. Mr. DEFAZIO. Mr. Speaker, I move rior officers’’ and therefore are subject to the Given more time, we might have considered to suspend the rules and pass the bill Constitution’s discretionary appointment provi- some promising ideas from the other side of (H.R. 1195) to amend the Safe, Account- sions authorizing the Congress to vest the ap- the Capitol. able, Flexible, Efficient Transportation pointment power in the President alone or the Senator KYL, for example, proposed a 120- Equity Act: A Legacy for Users to judiciary. day interim appointment power for the Execu- make technical corrections, and for (2) Vesting the authority in the United States tive Branch, and a 120-day clock for the Sen- other purposes, as amended. Attorney General to appoint an interim United ate to confirm permanent appointees. This The Clerk read the title of the bill. States Attorney to serve an indefinite term un- would have addressed the principal problem. The text of the bill is as follows:

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7652 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 H.R. 1195 and intermodal, cross-jurisdictional systems, (D) in the heading to paragraph (4) of sub- Be it enacted by the Senate and House of Rep- services, and projects designed to preserve section (d) by inserting ‘‘SYSTEMATIC’’ before resentatives of the United States of America in capacity and improve security, safety, and ‘‘PREVENTIVE’’; Congress assembled, reliability of the transportation system. (E) in subsection (e) by striking ‘‘off-sys- TITLE I—HIGHWAY PROVISIONS ‘‘(B) INCLUSIONS.—The term ‘transpor- tem bridges’’ each place it appears and in- tation systems management and operations’ serting ‘‘bridges not on Federal-aid high- SECTION 101. SURFACE TRANSPORTATION TECH- includes— ways’’; NICAL CORRECTIONS. ‘‘(i) regional operations collaboration and (F) by striking subsection (f); (a) CORRECTION OF INTERNAL REFERENCES IN coordination activities between transpor- (G) by redesignating subsections (g) DISADVANTAGED BUSINESS ENTERPRISES.— tation and public safety agencies; and through (s) as subsections (f) through (r), re- Paragraphs (3)(A) and (5) of section 1101(b) of ‘‘(ii) improvements to the transportation spectively; the Safe, Accountable, Flexible, Efficient system, such as traffic detection and surveil- (H) in paragraph (2) of subsection (f) (as re- Transportation Equity Act: A Legacy for lance, arterial management, freeway man- designated by subparagraph (G)) by striking Users (119 Stat. 1156) are amended by strik- agement, demand management, work zone the paragraph heading and inserting ing ‘‘paragraph (1)’’ each place it appears and management, emergency management, elec- ‘‘BRIDGES NOT ON FEDERAL-AID HIGHWAYS’’; inserting ‘‘paragraph (2)’’. tronic toll collection, automated enforce- (I) in subsection (m) (as redesignated by (b) CORRECTION OF DISTRIBUTION OF OBLIGA- ment, traffic incident management, roadway subparagraph (G)) by striking the subsection TION AUTHORITY.—Section 1102(c)(5) of the Safe, Accountable, Flexible, Efficient Trans- weather management, traveler information heading and inserting ‘‘PROGRAM FOR portation Equity Act: A Legacy for Users services, commercial vehicle operations, BRIDGES NOT ON FEDERAL-AID HIGHWAYS’’; (119 Stat. 1158) is amended by striking traffic control, freight management, and co- and ‘‘among the States’’. ordination of highway, rail, transit, bicycle, (J) in subsection (n)(4)(B) (as redesignated (c) CORRECTION OF FEDERAL LANDS HIGH- and pedestrian operations.’’. by subparagraph (G)) by striking ‘‘State WAYS.—Section 1119 of the Safe, Account- (h) CORRECTION OF REFERENCE IN APPOR- highway agency’’ and inserting ‘‘State trans- able, Flexible, Efficient Transportation Eq- TIONMENT OF HIGHWAY SAFETY IMPROVEMENT portation department’’. uity Act: A Legacy for Users (119 Stat. 1190) PROGRAM FUNDS.—Effective October 1, 2006, (2) CONFORMING AMENDMENTS.— is amended by striking subsection (m) and section 104(b)(5)(A)(iii) of title 23, United (A) METROPOLITAN PLANNING.—Section inserting the following: States Code, is amended by striking ‘‘the 104(f)(1) of such title is amended by striking ‘‘(m) FOREST HIGHWAYS.—Of the amounts Federal-aid system’’ each place it appears ‘‘replacement and rehabilitation’’. made available for public lands highways and inserting ‘‘Federal-aid highways’’. (B) EQUITY BONUS PROGRAM.—Subsections under section 1101— (i) CORRECTION OF AMENDMENT TO ADVANCE (a)(2)(C) and (b)(2)(C) of section 105 of such ‘‘(1) not more than $20,000,000 for each fis- CONSTRUCTION.—Section 115 of title 23, title are amended by striking ‘‘replacement cal year may be used for the maintenance of United States Code, is amended by redesig- and rehabilitation’’ each place it appears. forest highways; nating subsection (d) as subsection (c). (C) ANALYSIS.—The analysis for chapter 1 of such title is amended in the item relating ‘‘(2) not more than $1,000,000 for each fiscal (j) CORRECTION OF HIGH PRIORITY to section 144 by striking ‘‘replacement and year may be used for signage identifying PROJECTS.—Section 117 of title 23, United rehabilitation’’. public hunting and fishing access; and States Code, is amended— (n) CORRECTION OF NATIONAL SCENIC BY- ‘‘(3) not more than $10,000,000 for each fis- (1) by redesignating subsections (d) WAYS PROGRAM COVERAGE.—Section 162 of cal year shall be used by the Secretary of through (h) as subsections (e) through (i), re- title 23, United States Code, is amended— Agriculture to pay the costs of facilitating spectively; (1) in subsection (a)(3)(B) by striking ‘‘a the passage of aquatic species beneath forest (2) by redesignating the second subsection National Scenic Byway under subparagraph roads (as defined in section 101(a) of title 23, (c) (relating to Federal share) as subsection (A)’’ and inserting ‘‘a National Scenic United States Code), including the costs of (d); Byway, an All-American Road, or one of constructing, maintaining, replacing, and re- (3) in subsection (a)(2)(A) by inserting ‘‘(112 America’s Byways under paragraph (1)’’; and moving culverts and bridges, as appro- Stat. 257)’’ after ‘‘21st Century’’; and (2) in subsection (c)(3) by striking ‘‘or All- priate.’’. (4) in subsection (a)(2)(B)— American Road’’ each place it appears and (d) CORRECTION OF DESCRIPTION OF NA- (A) by striking ‘‘subsection (b)’’ and insert- inserting ‘‘All-American Road, or one of TIONAL CORRIDOR INFRASTRUCTURE IMPROVE- ing ‘‘subsection (c)’’; and America’s Byways’’. MENT PROJECT.—Item number 1 of the table (B) by striking ‘‘SAFETEA–LU’’ and in- (o) CORRECTION OF REFERENCE IN TOLL PRO- contained in section 1302(e) of the Safe, Ac- serting ‘‘Safe, Accountable, Flexible, Effi- VISION.—Section 166(b)(5)(C) of title 23, countable, Flexible, Efficient Transportation cient Transportation Equity Act: A Legacy United States Code, is amended by striking Equity Act: A Legacy for Users (119 Stat. for Users (119 Stat. 1256)’’. 1205) is amended in the State column by in- ‘‘paragraph (3)’’ and inserting ‘‘paragraph (k) CORRECTION OF TRANSFER OF UNUSED serting ‘‘LA,’’ after ‘‘TX,’’. (4)’’. PROTECTIVE-DEVICE FUNDS TO OTHER HIGH- (e) CORRECTION OF INTERSTATE ROUTE 376 (p) CORRECTION OF RECREATIONAL TRAILS WAY SAFETY IMPROVEMENT PROGRAM HIGH PRIORITY DESIGNATION.— PROGRAM APPORTIONMENT EXCEPTIONS.—Sec- PROJECTS.—Section 130(e)(2) of title 23, (1) IN GENERAL.—Section 1105(c)(79) of the tion 206(d)(3)(A) of title 23, United States United States Code, is amended by striking Intermodal Surface Transportation Effi- Code, is amended by striking ‘‘(B), (C), and ‘‘purposes under this subsection’’ and insert- ciency Act of 1991 (105 Stat. 2032; 119 Stat. (D)’’ and inserting ‘‘(B) and (C)’’. ing ‘‘highway safety improvement program 1213) is amended by striking ‘‘and on United (q) CONSOLIDATION OF GRANT APPLICA- purposes’’. States Route 422’’. TIONS.—Section 402(m) of title 23, United (2) CONFORMING AMENDMENT.—Section (l) METROPOLITAN TRANSPORTATION PLAN- States Code, is amended in the first sen- 1105(e)(5)(B)(i)(I) of the Intermodal Surface NING.— tence— Transportation Efficiency Act of 1991 (105 (1) Section 134(j)(3)(D) of title 23, United (1) by striking ‘‘through’’ and inserting Stat. 2033; 119 Stat. 1213) is amended by States Code, is amended— ‘‘for which’’; and striking ‘‘and United States Route 422’’. (A) by inserting ‘‘or the identified phase’’ (2) by inserting ‘‘is appropriate’’ before the (f) CORRECTION OF INFRASTRUCTURE FI- before ‘‘within the time’’; and period at the end. NANCE SECTION.—Section 1602(d)(1) of the (B) by inserting ‘‘or the identified phase’’ (r) CORRECTION OF INFRASTRUCTURE FI- Safe, Accountable, Flexible, Efficient Trans- before the period at the end. NANCE.—Section 601(a)(3) of title 23, United portation Equity Act: A Legacy for Users (2) Section 134(k)(2) of such title is amend- States Code, is amended by inserting ‘‘bbb (119 Stat. 1247) is amended by striking ed by striking ‘‘a metropolitan planning area minus, BBB (low),’’ after ‘‘Baa3,’’. ‘‘through 189 as sections 601 through 609, re- serving’’. (s) CORRECTION OF MISCELLANEOUS TYPO- spectively’’ and inserting ‘‘through 190 as (m) CORRECTION OF HIGHWAY BRIDGE PRO- GRAPHICAL ERRORS.— sections 601 through 610, respectively’’. GRAM.— (1) Section 1401 of the Safe, Accountable, (g) TRANSPORTATION SYSTEMS MANAGEMENT (1) IN GENERAL.—Section 144 of title 23, Flexible, Efficient Transportation Equity AND OPERATIONS DEFINED.—Section 101(a) of United States Code, is amended— Act: A Legacy for Users (119 Stat. 1226) is title 23, United States Code, is amended by (A) in the section heading by striking ‘‘re- amended by redesignating subsections (d) adding at the end the following: placement and rehabilitation’’; and (e) as subsections (c) and (d), respec- ‘‘(39) TRANSPORTATION SYSTEMS MANAGE- (B) in subsections (b), (c)(1), and (e) by tively. MENT AND OPERATIONS.— striking ‘‘Federal-aid system’’ each place it (2) Section 1404(e) of such Act (119 Stat. ‘‘(A) IN GENERAL.—The term ‘transpor- appears and inserting ‘‘Federal-aid high- 1229) is amended by inserting ‘‘tribal,’’ after tation systems management and operations’ way’’; ‘‘local,’’. means an integrated program to optimize (C) in subsections (c)(2) and (o) by striking (3) Section 10211(b)(2) of such Act (119 Stat. the performance of existing infrastructure ‘‘the Federal-aid system’’ each place it ap- 1937) is amended by striking ‘‘plan admin- through the implementation of multimodal pears and inserting ‘‘Federal-aid highways’’; ister’’ and inserting ‘‘plan and administer’’.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7653 (4) Section 10212(a) of such Act (119 Stat. ments to or access to Route 108 to enhance State Route 98, including storm drain devel- 1937) is amended— access to the business park near Rumford’’; opments, from D. Navarro Avenue to State (A) by inserting ‘‘equity bonus,’’ after (7) in item number 240 by striking Route 111’’; ‘‘minimum guarantee,’’; ‘‘$800,000’’ and inserting ‘‘$2,400,000’’; (28) in item number 1047 by striking the (B) by striking ‘‘freight intermodal con- (8) by striking item number 248; project description and inserting ‘‘Bridge nectors’’ and inserting ‘‘railway-highway (9) in item number 274 by striking the and road work at Little Susitna River Access crossings’’; project description and inserting ‘‘Intersec- road in Matanuska-Susitna Borough’’; (C) by striking ‘‘high risk rural road,’’; and tion improvements at Belleville and Ecorse (29) in item number 1124 by striking (D) by inserting after ‘‘highway safety im- Roads and approach roadways, and widen ‘‘bridge over Stillwater River, Orono’’ and by provement programs’’ the following: ‘‘(and Belleville Road from Ecorse to Tyler, Van inserting ‘‘routes’’; separately the set aside for the high risk Buren Township, Michigan’’; (30) in item number 1206 by striking rural road program)’’. (10) in item number 277 by striking the ‘‘Pleasantville’’ and inserting ‘‘Briarcliff SEC. 102. MAGLEV. project description and inserting ‘‘Construct Manor’’; (a) FUNDING.—Section 1101(a)(18) of the connector road from Rushing Drive North to (31) in item number 1281 by striking the Safe, Accountable, Flexible, Efficient Trans- Grand Ave., Williamson County’’; project description and inserting ‘‘Upgrade portation Equity Act: A Legacy for Users (11) in item number 395 by striking the roads in Attala County District 4 (Roads 4211 (119 Stat. 1155) is amended by striking sub- project description and inserting ‘‘Plan and and 4204), Kosciusko, Ward 2, and Ethel, paragraphs (A) and (B) and inserting the fol- construct interchange at I–65, from existing Attala County’’; lowing: SR–109 to I–65’’; (32) in item number 1487 by striking ‘‘(A) $20,000,000 for fiscal year 2007; and (12) in item number 463 by striking ‘‘$800,000’’ and inserting ‘‘$1,600,000’’; ‘‘(B) $35,000,000 for each of fiscal years 2008 ‘‘Cookeville’’ and inserting ‘‘Putnam Coun- (33) in item number 1575 by striking the and 2009.’’. ty’’; project description and inserting ‘‘Highway (b) CONTRACT AUTHORITY.—Section 1307 of (13) in item number 576 by striking the and road signage, and traffic signal synchro- the Safe, Accountable, Flexible, Efficient project description and inserting ‘‘Design, nization and upgrades, in Shippensburg Boro, Transportation Equity Act: A Legacy for right-of-way, and construction of Nebraska Shippensburg Township, and surrounding Users (119 Stat. 1217) is amended by adding at Highway 35 between Norfolk and South municipalities’’; the end the following: Sioux City, including an interchange at (34) in item number 1661 by striking the ‘‘(e) CONTRACT AUTHORITY.—Funds author- Milepost 1 on I–129’’; project description and inserting ‘‘Sheldon ized under section 1101(a)(18) shall be avail- (14) in item number 595 by striking ‘‘Street West Extension in Matanuska-Susitna Bor- able for obligation in the same manner as if Closure at’’ and inserting ‘‘Transportation ough’’; the funds were apportioned under chapter 1 improvement project near’’; (35) in item number 1810 by striking the of title 23, United States Code; except that (15) in item number 649 by striking the project description and inserting ‘‘Design, the funds shall not be transferable and shall project description and inserting ‘‘Construc- engineering, ROW acquisition, construction, remain available until expended, and the tion and enhancement of the Fillmore Ave- and construction engineering for the recon- Federal share of the cost of a project to be nue Corridor, Buffalo’’; struction of TH 95, from 12th Avenue to carried out with such funds shall be 80 per- (16) in item number 655 by inserting ‘‘, CSAH 13, including bridge and approaches, cent.’’. safety improvement construction,’’ after ramps, intersecting roadways, signals, turn SEC. 103. PROJECTS OF NATIONAL AND RE- ‘‘Environmental studies’’; lanes, and multiuse trail, North Branch’’; GIONAL SIGNIFICANCE AND NA- (17) in item number 676 by striking the (36) in item number 1852 by striking ‘‘Mile- TIONAL CORRIDOR INFRASTRUC- project description and inserting ‘‘St. Croix post 9.3’’ and inserting ‘‘Milepost 24.3’’; TURE IMPROVEMENT PROJECTS. River crossing project, Wisconsin State (37) in item numbers 1926 and 2893 by strik- (a) PROJECT OF NATIONAL AND REGIONAL Highway 64, St. Croix County, Wisconsin, to ing the project descriptions and inserting SIGNIFICANCE.—The table contained in sec- Minnesota State Highway 36, Washington ‘‘Grading, paving roads, and the transfer of tion 1301(m) of the Safe, Accountable, Flexi- County’’; rail-to-truck for the intermodal facility at ble, Efficient Transportation Equity: A Leg- (18) in item number 770 by striking the Rickenbacker Airport, Columbus, Ohio’’; acy for Users (119 Stat. 1203) is amended in project description and inserting ‘‘Improve (38) in item number 1933 by striking the item number 4 by striking the project de- existing Horns Hill Road in North Newark, project description and inserting ‘‘Enhance scription and inserting ‘‘$7,400,000 for plan- Ohio, from Waterworks Road to Licking Byzantine Latino Quarter transit plazas at ning, design, and construction of a new Springs Road’’; Normandie and Pico, and Hoover and Pico, American border plaza at the Blue Water (19) in item number 777 by striking the Los Angeles, by improving streetscapes, in- Bridge in or near Port Huron; $12,600,000 for project description and inserting ‘‘Akutan cluding expanding concrete and paving’’; integrated highway realignment and grade Airport access’’; (39) in item number 1975 by striking the separations at Port Huron to eliminate road (20) in item number 829 by striking the project description and inserting ‘‘Point blockages from NAFTA rail traffic’’. project description and inserting ‘‘$400,000 to MacKenzie Access Road improvements in (b) NATIONAL CORRIDOR INFRASTRUCTURE conduct New Bedford/Fairhaven Bridge mod- Matanuska-Susitna Borough’’; IMPROVEMENT PROJECT.—The table contained ernization study; $1,000,000 to design and (40) in item number 2015 by striking the in section 1302(e) of the Safe, Accountable, build New Bedford Business Park access project description and inserting ‘‘Heidel- Flexible, Efficient Transportation Equity road’’; berg Borough/Scott Township/Carnegie Bor- Act: A Legacy for Users (119 Stat. 1205) is (21) in item number 881 by striking the ough for design, engineering, acquisition, amended in item number 23 by striking the project description and inserting ‘‘Pedes- and construction of streetscaping enhance- project description and inserting ‘‘Improve- trian safety improvements near North Atlan- ments, paving, lighting and safety upgrades, ments to State Road 312, Hammond’’. tic Boulevard, Monterey Park’’; and parking improvements’’; SEC. 104. IDLING REDUCTION FACILITIES. (22) in item number 923 by striking the (41) in item number 2087 by striking the Section 111(d) of title 23, United States project description and inserting ‘‘Improve project description and inserting ‘‘Railroad Code, is repealed. safety of a horizontal curve on Clarksville crossing improvement on Illinois Route 82 in SEC. 105. PROJECT AUTHORIZATIONS. St. 0.25 miles north of 275th Rd. in Grandview Geneseo’’; (a) IN GENERAL.—The table contained in Township, Edgar County’’; (42) in item number 2211 by striking the section 1702 of the Safe, Accountable, Flexi- (23) in item number 947 by striking the project description and inserting ‘‘Construct ble, Efficient Transportation Equity Act: A project description and inserting ‘‘Third road projects and transportation enhance- Legacy for Users (119 Stat. 1256) is amend- East/West River Crossing, St. Lucie River’’; ments as part of or connected to RiverScape ed— (24) in item numbers 959 and 3327 by strik- Phase III, Montgomery County, Ohio’’; (1) in item number 34 by striking the ing ‘‘Northern Section,’’ each place it ap- (43) in item number 2234 by striking the project description and inserting ‘‘Removal pears; project description and amount and inserting and Reconfiguration of Interstate ramps, I– (25) in item number 963 by striking the ‘‘North Atherton Signal Coordination 40, Memphis’’; project description and inserting ‘‘For engi- Project in Centre County’’ and ‘‘$400,000’’, re- (2) by striking item number 61; neering, right-of-way acquisition, and recon- spectively; (3) in item number 87 by striking the struction of 2 existing lanes on Manhattan (44) in item number 2316 by striking the project description and inserting ‘‘M–291 Road from Baseline Road to Route 53’’; project description and inserting ‘‘Construct highway outer road improvement project’’; (26) in item number 983 by striking the a new bridge at Indian Street, Martin Coun- (4) in item number 128 by striking project description and inserting ‘‘Land ac- ty’’; ‘‘$2,400,000’’ and inserting ‘‘$4,800,000’’; quisition for highway mitigation in Cecil, (45) in item number 2420 by striking the (5) in item number 154 by striking ‘‘Vir- Kent, Queen Annes, and Worcester Coun- project description and inserting ‘‘Precon- ginia’’ and inserting ‘‘Eveleth’’; ties’’; struction and construction activities of U.S. (6) in item number 193 by striking the (27) in item number 1039 by striking the 51 between the Assumption Bypass and project description and inserting ‘‘Improve- project description and inserting ‘‘Widen Vandalia’’;

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7654 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 (46) in item number 2482 by striking ‘‘Coun- (67) in item number 2942 by striking the (96) in item number 2637 by striking the try’’ and inserting ‘‘County’’; project description and inserting ‘‘Rede- project description and inserting ‘‘Construc- (47) in item number 2663 by striking the signing the intersection of Business U.S. 322/ tion, road and safety improvements in project description and inserting ‘‘Rosemead High Street and Rosedale Avenue and con- Geauga County, OH’’; Boulevard safety enhancement and beautifi- structing a new East Campus Drive between (97) in item number 2342 by inserting ‘‘and cation, Temple City’’; High Street (U.S. 322) and Matlock Street at to Heisley Road’’ after ‘‘Interchange’’; (48) in item number 2671 by striking ‘‘from West Chester University, West Chester, (98) in item number 161 by striking the 2 to 5 lanes and improve alignment within Pennsylvania’’; project description and inserting ‘‘Construct rights-of-way in St. George’’ and inserting ‘‘, (68) in item number 2781 by striking the False Pass causeway and road to the ter- St. George’’; project description and inserting ‘‘Highway minus of the south arm breakwater (49) in item number 2743 by striking the and road signage, road construction, and project’’; project description and inserting ‘‘Improve other transportation improvement and en- (99) in item number 2002 by striking the safety of culvert replacement on 250th Rd. hancement projects on or near Highway 26, project description and inserting ‘‘Provi- between 460th St. and Cty Hwy 20 in Grand- in Riverton and surrounding areas’’; dence Hospital public access road and en- view Township, Edgar County’’; (69) in item number 2430 by striking ‘‘200 hancements, including access connections (50) by striking item number 2800; South Interchange’’ and inserting ‘‘400 South between the proposed Providence Regional (51) in item number 2826 by striking ‘‘State Interchange’’; Administration Building and Piper Street, to Street and Cajon Boulevard’’ and inserting (70) by striking item number 20; improve access and circulation in the Prov- ‘‘Palm Avenue’’; (71) in item number 424 by striking idence Southwest Campus’’; (52) in item number 2931 by striking ‘‘$264,000’’ and inserting ‘‘$644,000’’; (100) in item number 2023 by striking the ‘‘Frazho Road’’ and inserting ‘‘Martin (72) in item number 1210 by striking the project description and inserting ‘‘Biking Road’’; project description and inserting ‘‘Town of and pedestrian trail construction, (53) in item number 3047 by inserting ‘‘and New Windsor—Riley Road, Shore Drive, and Kentland’’; roadway improvements’’ after ‘‘safety area road improvements’’; (101) in item number 2035 by striking ‘‘Re- project’’ ; (73) by striking item numbers 68, 905, and place’’ and inserting ‘‘Repair’’; (54) in item number 3078 by striking the 1742; (102) in item number 2511 by striking ‘‘Re- project description and inserting ‘‘U.S. 2/Sul- (74) in item number 1059 by striking place’’ and inserting ‘‘Rehabilitate’’; tan Basin Road improvements in Sultan’’; ‘‘$240,000’’ and inserting ‘‘$420,000’’; (103) in item number 2981 by striking the (55) in item number 3174 by striking the (75) in item number 2974 by striking project description and inserting ‘‘Roadway project description and inserting ‘‘Improving ‘‘$120,000’’ and inserting ‘‘$220,000’’; improvements on Highway 262 on the Navajo Outer Harbor access through planning, de- (76) by striking item numbers 841, 960, and Nation in Aneth’’; sign, construction, and relocations of 2030; (104) in item number 2068 by inserting ‘‘and Southtowns Connector–NY Route 5, (77) in item number 1278 by striking approaches’’ after ‘‘capacity’’; Fuhrmann Boulevard, and a bridge con- ‘‘$740,000’’ and inserting ‘‘$989,600’’; (105) in item number 98 by striking the necting the Outer Harbor to downtown Buf- (78) in item number 207 by striking project description and inserting ‘‘Right-of- way and construction for the 77th Street re- falo at the Inner Harbor’’; ‘‘$13,600,000’’ and inserting ‘‘$13,200,000’’; construction project, including the Lyndale (56) in item number 3219 by striking ‘‘For- (79) in item number 2656 by striking Avenue Bridge over I–494, Richfield’’; est’’ and inserting ‘‘Warren’’; ‘‘$12,228,000’’ and inserting ‘‘$8,970,000’’; (106) in item number 1783 by striking the (57) in item number 3254 by striking the (80) in item number 1983 by striking project description and inserting ‘‘Clark project description and inserting ‘‘Recon- ‘‘$1,600,000’’ and inserting ‘‘$1,000,000’’; Road access improvements, Jacksonville’’; struct PA Route 274/34 Corridor, Perry Coun- (81) in item number 753 by striking (107) in item number 2711 by striking the ty’’; ‘‘$2,700,000’’ and inserting ‘‘$3,200,000’’; project description and inserting ‘‘Main (58) in item number 3260 by striking ‘‘Lake (82) in item number 64 by striking Street Road Improvements through Spring- Shore Drive’’ and inserting ‘‘Lakeshore ‘‘$6,560,000’’ and inserting ‘‘$8,480,000’’; field, Jacksonville’’; Drive and parking facility/entrance improve- (83) in item number 2338 by striking (108) in item number 3485 by striking the ments serving the Museum of Science and In- ‘‘$1,600,000’’ and inserting ‘‘$1,800,000’’; project description and inserting ‘‘Improve dustry’’; (84) in item number 1533 by striking SR 105 (Hecksher Drive) from Drummond (59) in item number 3368 by striking the ‘‘$392,000’’ and inserting ‘‘$490,000’’; Point to August Road, including bridges project description and inserting ‘‘Plan, de- (85) in item number 1354 by striking across the Broward River and Dunns Creek, sign, and engineering, Ludlam Trail, ‘‘$40,000’’ and inserting ‘‘$50,000’’; Jacksonville’’; Miami’’; (86) in item number 3106 by striking (109) in item number 3486 by striking the (60) in item number 3410 by striking the ‘‘$400,000’’ and inserting ‘‘$500,000’’; project description and inserting ‘‘Construct project description and inserting ‘‘Design, (87) in item number 799 by striking improvements to NE 19th Street/NE 19th purchase land, and construct sound walls ‘‘$1,600,000’’ and inserting ‘‘$2,000,000’’; Terrace from NE 3rd Avenue to NE 8th Ave- along the west side of I–65 from approxi- (88) in item number 159— nue, Gainesville’’; mately 950 feet south of the Harding Place (A) by striking ‘‘Construct interchange for (110) in item number 3487 by striking the interchange south to Hogan Road’’; 146th St. and I–69’’ and inserting ‘‘Upgrade project description and inserting ‘‘Construct (61) in item number 3537 by inserting ‘‘and 146th St. to I–69 Access’’; and improvements to NE 25th Street from SR 26 the study of alternatives along the North (B) by striking ‘‘$2,400,000’’ and inserting (University Blvd.) to NE 8th Avenue, Gaines- South Corridor,’’ after ‘‘Valley’’; ‘‘$3,200,000’’; ville’’; (62) in item number 3582 by striking the (89) by striking item number 2936; (111) in item number 803 by striking ‘‘St. project description and inserting ‘‘Improving (90) in item number 3138 by striking the Clair County’’ and inserting ‘‘city of Madi- Outer Harbor access through planning, de- project description and inserting ‘‘Elimi- son’’; sign, construction, and relocations of nation of highway-railway crossing along the (112) in item number 615 by striking the Southtowns Connector–NY Route 5, KO railroad from Salina to Osborne to in- project description and inserting ‘‘Roadway Fuhrmann Boulevard, and a bridge con- crease safety and reduce congestion’’; improvements to Jackson Avenue between necting the Outer Harbor to downtown Buf- (91) in item number 2274 by striking ‘‘be- Jericho Turnpike and Teibrook Avenue’’; falo at the Inner Harbor’’; tween Farmington and Merriman’’ and in- (113) in item number 889 by striking the (63) in item number 3604 by inserting serting ‘‘between Hines Drive and Inkster, project description and inserting ‘‘U.S. 160, ‘‘/Kane Creek Boulevard’’ after ‘‘500 West’’; Flamingo Street between Ann Arbor Trail State Highway 3 to east of the Florida (64) in item number 3632 by striking the and Joy Road, and the intersection of War- River’’; State, project description, and amount and ren Road and Newburgh Road’’; (114) in item number 324 by striking the inserting ‘‘FL’’, ‘‘Pine Island Road pedes- (92) in item number 52 by striking the project description and inserting ‘‘Paving a trian overpass, city of Tamarac’’, and project description and inserting ‘‘Pontiac portion of H–58 from Buck Hill to 4,000 feet ‘‘$610,000’’, respectively; Trail between E. Liberty and McHattie east of Hurricane River’’; (65) in item number 3634 by striking the Street’’; (115) in item number 301 by striking the matters in the State, project description, (93) in item number 1544 by striking ‘‘con- project description and inserting ‘‘Improve- and amount columns and inserting ‘‘FL’’, nector’’; ments for St. Georges Avenue between East ‘‘West Avenue Bridge, city of Miami Beach’’, (94) in item number 2573 by striking the Baltimore Avenue on the southwest and and ‘‘$620,000’’, respectively; project description and inserting ‘‘Rehabili- Chandler Avenue on the northeast’’; (66) in item number 3673 by striking the tation of Sugar Hill Road in North Salem, (116) in item number 1519 by inserting ‘‘at project description and inserting ‘‘Improve NY’’; the intersection of Quincy/West Drinker/ marine dry-dock and facilities in Ketch- (95) in item number 1450 by striking ‘‘III– Electric Streets near the Dunmore School ikan’’; VI’’ and inserting ‘‘III–VII’’; complex’’ after ‘‘roadway redesign’’;

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7655 (117) in item number 2604 by inserting ‘‘on toration and replacement on Cherry Street, Alignment from IL Route 159 to Sullivan Coolidge, Bridge (from Main to Monroe), Willow Street, Eno Street, Flat Road, Drive, Swansea’’; Skytop (from Gedding to Skytop), Atwell Krispin Street, Parrish Street, Carver (144) in item number 2352 by striking the (from Bear Creek Rd. to Pittston Township), Street, Church Street, Franklin Street, project description and inserting Wood (to Bear Creek Rd.), Pine, Oak (from Carolina Street, East Main Street, and Rear ‘‘Streetscaping and transportation enhance- Penn Avenue to Lackawanna Avenue), Shawnee Avenue in Plymouth Borough, ments on 7th Street in Calexico, traffic sig- McLean, Second, and Lolli Lane’’ after Luzerne County’’; nalization on Highway 78, construction of ‘‘roadway redesign’’; (128) in item number 989 by inserting ‘‘on the Renewable Energy and Transportation (118) in item number 1157 by inserting ‘‘on Old Ashley Road, Ashley Street, Phillips Learning Center, improve and enlarge park- Mill Street from Prince Street to Roberts Street, First Street, Ferry Road, and Divi- ing lot, and create bus stop, Brawley’’; Street, John Street from Roberts Street to sion Street’’ after ‘‘roadway redesign’’; (145) in item number 3482 by striking the end, Thomas Street from Roberts Street to (129) in item number 342 by striking the project description and inserting ‘‘Conduct a end, Williams Street from Roberts Street to project description and inserting ‘‘Design, study to examine multi-modal improvements end, Charles Street from Roberts Street to engineering, right-of-way acquisition, and to the I–5 corridor between the Main Street end, Fair Street from Roberts Street to end, construction of streetscaping enhancements, Interchange and State Route 54’’; Newport Avenue from East Kirmar Avenue paving, lighting, safety improvements, park- (146) in item number 1275 by striking the to end’’ after ‘‘roadway redesign’’; ing, roadway redesign, and cross pipe and project description and inserting ‘‘Scoping, (119) in item number 805 by inserting ‘‘on catch basin restoration and replacement on permitting, engineering, construction man- Oak Street from Stark Street to the town- Northgate, Mandy Court, Vine Street, and agement, and construction of Riverbank ship line at Mayock Street and on East 36th Street in Milnesville West, and on Hill- Park Bike Trail, Kearny’’; Mountain Boulevard’’ after ‘‘roadway rede- side Drive (including the widening of the (147) in item number 726 by striking the sign’’; bridge on Hillside Drive), Club 40 Road, Sun- project description and inserting ‘‘Grade (120) in item number 2704 by inserting ‘‘on burst and Venisa Drives, and Stockton #7 Separation at Vanowen and Clybourn, Bur- West Cemetery Street and Frederick Courts’’ Road in Hazle Township, Luzerne County’’; bank’’; after ‘‘roadway redesign’’; (130) in item number 2332 by striking (148) in item number 1579 by striking the (121) in item number 3136 by inserting ‘‘on ‘‘Monroe County’’ and inserting ‘‘Carbon, project description and inserting ‘‘San Ga- Walden Drive and Greenwood Hills Drive’’ Monroe, Pike, and Wayne Counties’’; briel Blvd. rehabilitation project, Mission after ‘‘roadway redesign’’; (131) in item number 2436 by striking the Road to Broadway, San Gabriel’’; (122) in item number 1363 by striking the project description and amount and inserting (149) in item number 2690 by striking the project description and inserting ‘‘Design, ‘‘For Wilkes-Barre to design, acquire land, project description and inserting ‘‘San Ga- engineering, right-of-way acquisition, and and construct a parking garage or parkade, briel Blvd. rehabilitation project, Mission construction of streetscaping enhancements, streetscaping enhancements, paving, light- Road to Broadway, San Gabriel’’; paving, lighting, safety improvements, hand- ing, safety improvements, and roadway rede- (150) in item number 2811 by striking the icap access ramps, parking, and roadway re- sign at and around the Sterling Hotel in project description and inserting ‘‘San Ga- design on Bilbow Street from Church Street Wilkes-Barre, including on River Street, briel Blvd. rehabilitation project, Mission to Pugh Street, on Pugh Street from Swal- Market Street, or Franklin Street (or any Road to Broadway, San Gabriel’’; combination thereof) to the vicinity of the (151) in item number 259 by striking the low Street to Main Street, Jones Lane from Irem Temple’’ and ‘‘$3,000,000’’, respectively; project description and inserting ‘‘Design Main Street to Hoblak Street, Cherry Street (132) in item number 2723 by striking and construction of the Clair Nelson Inter- from Green Street to Church Street, Main ‘‘$4,000,000’’ and by inserting ‘‘$3,150,000’’; modal Center in Finland, Lake County’’; Street from Jackson Street to end, Short (133) in item number 61 by striking the (152) in item number 3456 by striking the Street from Cherry Street to Main Street, matters in the State, project description, project description and by inserting ‘‘Com- and Hillside Avenue in Edwardsville Bor- and amount columns and inserting ‘‘AL’’, pletion of Phase II/Part I of a project on Eliz- ough, Luzerne County’’; ‘‘Grade crossing improvements along abeth Avenue in Coleraine to west of Itasca (123) in item number 883 by striking the Wiregrass Central RR at Boll Weevil Bypass County State Aid Highway 15 in Itasca Coun- project description and inserting ‘‘Design, in Enterprise, AL’’, and ‘‘$250,000’’, respec- ty’’; engineering, right-of-way acquisition, and tively; (153) in item number 2429 by striking the construction of streetscaping enhancements, (134) in item number 314 by striking the project description and inserting ‘‘Upgrade paving, lighting, parking, roadway redesign, project description and amount and inserting streets, undertake streetscaping, and imple- and safety improvements (including curbing, ‘‘Streetscape enhancements to the transit ment traffic and pedestrian safety signaliza- stop signs, crosswalks, and pedestrian side- and pedestrian corridor, Fort Lauderdale, tion improvements and highway-rail cross- walks) at and around the 3-way intersection Downtown Development Authority’’ and ing safety improvements, Oak Lawn’’; involving Susquehanna Avenue, Erie Street, ‘‘$610,000’’, respectively; (154) in item number 766 by striking the and Second Street in West Pittston, Luzerne (135) in item number 1639 by striking the project description and inserting ‘‘Design County’’; project description and inserting ‘‘Oper- and construction of the walking path at Ellis (124) in item number 625 by striking the ational and highway safety improvements on Pond, Norwood’’; project description and inserting ‘‘Design, Hwy 94 between the 20 mile marker post in (155) in item number 3474 by striking the engineering, right-of-way acquisition, and Jamul and Hwy 188 in Tecate’’; project description and inserting ‘‘Yellow construction of streetscaping enhancements, (136) in item number 2860 by striking the River Trail, Newton County’’; paving, lighting, safety improvements, park- project description and inserting ‘‘Roadway (156) in item number 3291 by striking the ing, and roadway redesign on Sampson improvements from Halchita to Mexican Hat amount and inserting ‘‘$200,000’’; Street, Dunn Avenue, Powell Street, Jose- on the Navajo Nation’’; (157) in item number 3635 by striking the phine Street, Pittston Avenue, Railroad (137) in item number 2549 by striking ‘‘on matters in the State, project description, Street, McClure Avenue, and Baker Street in Navy Pier’’; and amount columns and inserting ‘‘GA’’, Old Forge Borough, Lackawanna County’’; (138) in item number 2804 by striking ‘‘on ‘‘Access Road in Montezuma’’, and (125) in item number 372 by inserting ‘‘, re- Navy Pier’’; ‘‘$200,000’’, respectively; placement of the Nesbitt Street Bridge, and (139) in item number 1328 by striking the (158) in item number 716 by striking the placement of a guard rail adjacent to St. project description and inserting ‘‘Construct project description and inserting ‘‘Conduct a Vladimir’s Cemetery on Mountain Road public access roadways and pedestrian safety project study report for new Highway 99 (S.R. 1007)’’ after ‘‘roadway redesign’’; improvements in and around Montclair State Interchange between SR 165 and Bradbury (126) in item number 2308 by striking the University in Clifton’’; Road, and safety improvements/realignment project description and inserting ‘‘Design, (140) in item number 2559 by striking the of SR 165, serving Turlock/Hilmar region’’; engineering, right-of-way acquisition, and project description and inserting ‘‘Construct (159) in item number 1386 by striking the construction of streetscaping enhancements, sound walls on Route 164 at and near the project description and amount and inserting paving, lighting, safety improvements, park- Maersk interchange’’; ‘‘Pedestrian and bicycle facilities, and street ing, and roadway redesign, including a (141) in item number 1849 by striking the lighting in Haddon Heights’’ and ‘‘$300,000’’, project to establish emergency access to project description and inserting ‘‘Highway, respectively; Catherino Drive from South Valley Avenue traffic-flow, pedestrian facility, and (160) in item number 2720 by striking the in Throop Borough, Lackawanna County’’; streetscape improvements, Pittsburgh’’; project description and amount and inserting (127) in item number 967 by striking the (142) in item number 697 by striking the ‘‘Pedestrian and bicycle facilities and street project description and inserting ‘‘Design, project description and inserting ‘‘Highway, lighting in Barrington and streetscape im- engineering, right-of-way acquisition, and traffic-flow, pedestrian facility, and provements to Clements Bridge Road from construction of streetscaping enhancements, streetscape improvements, Pittsburgh’’; the circle at the White Horse Pike to NJ paving, lighting, safety improvements, park- (143) in item number 3597 by striking the Turnpike overpass in Barrington’’ and ing, roadway redesign, and catch basin res- project description and inserting ‘‘Road ‘‘$700,000’’, respectively;

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7656 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 (161) in item number 2523 by striking the (173) by striking item number 552; ‘‘Construct 2 flyover ramps and S. Linden project description and inserting ‘‘Penobscot (174) by striking item number 590; Street exit for access to industrial sites in Riverfront Development for bicycle trails, (175) by striking item number 759; the cities of McKeesport and Duquesne’’, and amenities, traffic circulation improvements, (176) by striking item number 879; ‘‘$500,000’’, respectively; and waterfront access and stabilization, Ban- (177) by striking item number 1071; (197) in item number 1015 by striking the gor and Brewer’’; (178) by striking item number 1382; project description and inserting ‘‘Mis- (162) in item number 545 by striking the (179) by striking item number 1897; sissippi River Crossing connecting I–94 and project description and inserting ‘‘Planning, (180) by striking item number 2553; US 10 between US 160 and TH 101, MN’’; design, and construction of improvements to (181) in item number 3014 by striking the (198) in item number 1101 by striking the the highway systems connecting to project description and amount and inserting project description and inserting ‘‘I–285 un- Lewistown and Auburn downtowns’’; ‘‘Design and Construct school safety projects derpass/tunnel assessment and engineering (163) in item number 2168 by striking the in New York City’’ and ‘‘$2,500,000’’, respec- and interchange improvements in Sandy project description and amount and inserting tively; Springs’’; ‘‘Study and design, engineering, right-of-way (182) in item number 2375 by striking the (199) in item number 1211 by striking the acquisition, and construction of street im- project description and amount and inserting matters in the State, project description, provements, streetscaping enhancements, ‘‘Subsurface environmental study to meas- and amount columns and inserting ‘‘PA’’, paving, lighting, safety improvements, along ure presence of methane and benzene gasses ‘‘Road improvements and upgrades related to the Rt. 315 corridor from Dupont to Wilkes in vicinity of Greenpoint, Brooklyn, and the the Pennsylvania State Baseball Stadium’’, Barre’’ and ‘‘$1,000,000’’, respectively; Kosciusko Bridge, resulting from the New- and ‘‘$500,000’’, respectively; (164) in item number 170 by striking the town Creek oil spill’’ and ‘‘$100,000’’; (200) in item number 1345 by striking ‘‘to project description and amount and inserting (183) in item number 221 by striking the Stony Creek Park, 25 Mile Road in Shelby ‘‘Study of a Maglev train route from North- project description and inserting ‘‘Study and Township’’ and inserting ‘‘south to the city east Pennsylvania through New Jersey and implement transportation improvements in of Utica’’; New York’’ and ‘‘$1,600,000’’, respectively; the Breezy Point neighborhood of Queens (201) in item number 1501 by striking the (165) in item number 2366 by striking the County’’; project description and inserting ‘‘Construc- project description and inserting ‘‘Design, (184) in item number 2732 striking the tion and right-of-way acquisition of TH 241, engineering, right-of-way acquisition, and project description and inserting ‘‘Pedes- CSAH 35 and associated streets in the city of paving of the parking lot at the Casey Plaza trian safety improvements in the vicinity of St. Michael’’; in Wilkes-Barre Township’’; LIRR stations’’; (202) in item number 1525 by striking (166) in item number 826 by striking ‘‘and (185) by striking item number 99; ‘‘north of CSX RR Bridge’’ and inserting ‘‘US Interstate 81’’ and inserting ‘‘and exit 168 on (186) in item number 398 by striking the Highway 90’’; Interstate 81 or the intersection of the con- project description and inserting ‘‘Construct (203) in item number 1847 by striking nector road with Northampton St.’’; a new 2-lane road extending north from Uni- ‘‘Ferry’’ and inserting ‘‘Dock’’; (167) in item number 2144 by striking the versity Park Drive and improvements to (204) in item number 2031 by striking the project description and inserting ‘‘Design, University Park Drive’’; project description and inserting ‘‘Construct engineering, right-of-way acquisition and (187) in item number 446 by striking the and improve Westside Parkway in Fulton construction of streetscaping enhancements, project description and inserting ‘‘Transpor- County’’; paving, lighting, safety improvements, park- tation improvements for development of the (205) in item number 2103 by striking ing, and roadway redesign on Third Street Williamsport-Pile Bay Road corridor’’; ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’; from Pittston Avenue to Packer Street; (188) in item number 671 by striking ‘‘and (206) in item number 2219 by striking ‘‘SR Swift Street from Packer Street to Railroad Pedestrian Trail Expansion’’ and inserting ‘‘, 91 in City of Twinsburg, OH’’ and inserting Street; Clark Street from Main Street to including parking facilities and Pedestrian ‘‘Center Valley Parkway in Twinsburg, OH’’; South Street; School Street from Main Trail Expansion’’; (207) in item number 2302 by inserting ‘‘and Street to South Street; Plane Street from (189) in item number 674 by striking the other road improvements to Safford Street’’ Grove Street to William Street; John Street matters in the State, project description, after ‘‘crossings’’; from 4 John Street to William Street; Grove and amount columns and inserting ‘‘AL’’, Street from Plane Street to Duryea Borough ‘‘Grade crossing improvements along (208) in item number 2560 by striking the line; Wood Street from Cherry Street to Conecuh Valley RR at Henderson Highway project description and inserting ‘‘I–285 un- Hawthorne Street in Avoca Borough, (CR–21) in Troy, AL’’, and ‘‘$300,000’’, respec- derpass/tunnel assessment and engineering Luzerne County’’; tively; and interchange improvements in Sandy (168) in item number 1765 by striking the (190) in item number 739 by striking the Springs’’; project description and amount and inserting matters in the State, project description, (209) in item number 2563 by striking the ‘‘Design, engineering, right-of-way acquisi- and amount columns and inserting ‘‘AL’’, project description and amount and inserting tion, and construction of street improve- ‘‘Grade crossing improvements along ‘‘Construct hike and bike path as part of ments, streetscaping enhancements, paving, Luxapalila Valley RR in Lamar and Fayette Bridgeview Bridge replacement in Macomb lighting, safety improvements, parking, Counties, AL (Crossings at CR–6, CR–20, SH– County’’ and ‘‘$486,400’’, respectively; roadway redesign in Pittston, including 7, James Street, and College Drive)’’, and (210) in item number 2698 by striking the right-of-way acquisition, structure demoli- ‘‘$300,000’’, respectively; project description and inserting ‘‘Inter- tion, and intersection safety improvements (191) in item number 746 by striking ‘‘Plan- changes at I–95/Ellis Road and between Grant in the vicinity and including the intersection ning and construction of a bicycle trail adja- Road and Micco Road, Brevard County’’; of Main and William Streets in Pittston’’ cent to the I–90 and SR 615 Interchange in’’ (211) in item number 3141 by striking and ‘‘$1,600,000’’, respectively; and inserting ‘‘Planning, construction, and ‘‘$2,800,000’’ and inserting ‘‘$1,800,000’’; (169) in item number 2957 by striking the extension of bicycle trails adjacent to the I– (212) by striking item number 3160; project description and amount and inserting 90 and SR 615 Interchange, along the Green- (213) in item number 3353 by inserting ‘‘and ‘‘Design, engineering, land acquisition, way Corridor and throughout’’; construction’’ after ‘‘mitigation’’; right-of-way acquisition, and construction of (192) in item number 749 by striking the (214) in item number 996 by striking a parking garage, streetscapping enhance- matters in the State, project description, ‘‘$2,000,000’’ and inserting ‘‘$687,000’’; ments, paving, lighting, safety improve- and amount columns and inserting ‘‘PA’’, (215) in item number 2166 by striking the ments, parking, and roadway redesign in the ‘‘UPMC Heliport in Bedford’’, and ‘‘$750,000’’, project description and inserting ‘‘Design, city of Wilkes-Barre’’ and ‘‘$2,800,000’’, re- respectively; right-of-way acquisition, and construction spectively; (193) in item number 813 by striking the for I–35 and CSAH2 interchange and CSAH2 (170) in item number 3283 by striking the project description and inserting ‘‘Prelimi- corridor to TH61 in Forest Lake’’; project description and amount and inserting nary design and study of long-term roadway (216) in item number 3251 by striking the ‘‘Pedestrian access improvements, including approach alternatives to TH 36/SH 64 St. project description and inserting ‘‘I–94 and installation of infrastructure and equipment Croix River Crossing Project’’; Radio Drive Interchange and frontage road for security and surveillance purposes at (194) in item number 816 by striking project, design, right-of-way, and construc- subway stations in Astoria, New York’’ and ‘‘$800,000’’ and inserting ‘‘$880,000’’; tion, Woodbury’’; ‘‘$1,300,000’’, respectively; (195) in item number 852 by striking ‘‘Ac- (217) in item number 1488 by striking the (171) in item number 3556 by striking the quire Right-of-Way for Ludlam Trail, Miami, project description and inserting ‘‘Construct project description and amount and inserting Florida’’ and inserting ‘‘Planning, design, a 4-lane highway between Maverick Junction ‘‘Design and rehabilitate staircases used as and engineering, Ludlam Trail, Miami’’; and the Nebraska border’’; streets due to the steep grade of terrain in (196) in item number 994 by striking the (218) in item number 3240 by striking the Bronx County’’ and ‘‘$1,100,000’’, respectively; matters in the State, project description, project description and inserting ‘‘Railroad- (172) by striking item number 203; and amount columns and inserting ‘‘PA’’, highway crossings in Pierre’’;

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.000 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7657 (219) in item number 1738 by striking ‘‘Pav- tween Glenoaks Boulevard and Dronfield Av- in section 1702 of this Act shall be 100 per- ing’’ and inserting ‘‘Planning, design, and enue’’; and cent.’’. construction’’; (235) in item number 449 by striking the SEC. 106. NONMOTORIZED TRANSPORTATION (220) in item number 3672 by striking the project description and inserting ‘‘Route 30 PILOT PROGRAM. project description and inserting ‘‘Pave re- and Mount Pleasant Road Interchange Safe- Section 1807(a)(3) of the Safe, Accountable, maining stretch of BIA Route 4 from the ty Improvements, Westmoreland County, in- Flexible, Efficient Transportation Equity junction of the BIA Route 4 and N8031 in stall light installations at intersection and Act: A Legacy for Users (119 Stat. 1460) is Pinon, AZ, to the Navajo and Hopi border’’; consolidate entrances and exits to Route 30’’. amended by striking ‘‘Minneapolis-St. Paul, (221) in item number 2424 by striking ‘‘Con- (b) UNUSED OBLIGATION AUTHORITY.—Not- Minnesota’’ and inserting ‘‘Minneapolis, struction’’ and inserting ‘‘preconstruction withstanding any other provision of law, un- Minnesota’’. (including survey and archeological clear- used obligation authority made available for SEC. 107. CORRECTION OF INTERSTATE DESIGNA- ances) and construction’’; an item in section 1702 of the Safe, Account- TION. (222) in item number 1216 by striking the able, Flexible, Efficient Transportation Eq- Section 1908(a) of the Safe, Accountable, matters in the State, project description, uity Act: A Legacy for Users (119 Stat. 1256) Flexible, Efficient Transportation Equity and amount columns and inserting ‘‘PA’’, that is repealed, or authorized funding for Act: A Legacy for Users (119 Stat. 1469) is ‘‘For roadway construction improvements to such an item that is reduced, by this section amended by striking paragraph (3). Route 222 relocation, Lehigh County’’, and shall be made available— SEC. 108. FUTURE OF SURFACE TRANSPOR- ‘‘$1,313,000’’, respectively; (1) for an item in section 1702 of that Act TATION SYSTEM. Section 1909(b) of the Safe, Accountable, (223) in item number 2956 by striking that is added or increased by this section and Flexible, Efficient Transportation Equity ‘‘$1,360,000’’ and inserting ‘‘$2,080,000’’; that is in the same State as the item for Act: A Legacy for Users (119 Stat. 1471) is (224) in item number 1256 by striking the which obligation authority or funding is re- amended— matters in the State, project description, pealed or reduced; (1) in the matter preceding subparagraph and amount columns and inserting ‘‘PA’’, (2) in an amount proportional to the (A) of paragraph (9) by striking ‘‘July 1, ‘‘Construction of a bridge over Brandywine amount of obligation authority or funding 2007’’ and inserting ‘‘December 31, 2007’’; Creek as part of the Boot Road extension that is so repealed or reduced; and (2) in paragraph (11)(C) by striking ‘‘the project, Downingtown Borough’’, and (3) individually for projects numbered 1 Administrator of the Federal Highway Ad- ‘‘$700,000’’, respectively; through 3676 pursuant to section 1102(c)(4)(A) ministration’’ and inserting ‘‘the Sec- (225) in item number 1291 by striking the of that Act (119 Stat. 1158). retary’’; matters in the State, project description, (c) ADDITIONAL DISCRETIONARY USE OF SUR- (3) in paragraph (11)(D)(i) by striking ‘‘, on and amount columns and inserting ‘‘PA’’, FACE TRANSPORTATION PROGRAM FUNDS.—Of a reimbursable basis,’’; ‘‘Enhance parking facilities in Chester the funds apportioned to each State under (4) in paragraph (15) by striking ‘‘$1,400,000 Springs, Historic Yellow Springs’’, and section 104(b)(3) of title 23, United States for each of fiscal years 2006 and 2007’’ and in- ‘‘$20,000’’, respectively; Code, a State may expend for each of fiscal serting ‘‘$1,400,000 for fiscal year 2006 and (226) in item number 1304 by striking the years 2007 through 2009 not more than $3,400,000 for fiscal year 2007’’; matters in the State, project description, $1,000,000 for the following activities: (5) by redesignating paragraphs (14), (15), and amount columns and inserting ‘‘PA’’, (1) Participation in the Joint Operation (16), and (17) as paragraphs (15), (16), (17), and ‘‘Improve the intersection at SR 100/SR 4003 Center for Fuel Compliance established (18), respectively; and (Kernsville Road), Lehigh County’’, and under section 143(b)(4)(H) of title 23, United (6) by inserting after paragraph (13) the fol- ‘‘$250,000’’, respectively; States Code, within the Department of the lowing: (227) in item number 1357 by striking the Treasury, including the funding of additional ‘‘(14) LIMITATIONS.—Funds made available matters in the State, project description, positions for motor fuel tax enforcement of- to carry out this section may be expended and amount columns and inserting ‘‘PA’’, ficers and other staff dedicated on a full- only to support the activities of the Commis- ‘‘Intersection signalization at SR 3020 (New- time basis to participation in the activities sion. No data, analyses, reports, or any other burg Road)/Country Club Road, Northampton of the Center. documents prepared for the Commission to County’’, and ‘‘$250,000’’, respectively; (2) Development, operation, and mainte- fulfill its duties may be provided to or shared (228) in item number 1395 by striking the nance of electronic filing systems to coordi- with other commissions or task forces until matters in the State, project description, nate data exchange with the Internal Rev- such data, analyses, reports, or documents and amount columns and inserting ‘‘PA’’, enue Service by States that impose a tax on have been made available to the public.’’. ‘‘Improve the intersection at SR 100/SR 29, the removal of taxable fuel from any refin- SEC. 109. BUDGET JUSTIFICATION; BUY AMERICA. Lehigh County’’, and ‘‘$220,000’’, respec- ery and on the removal of taxable fuel from (a) BUDGET JUSTIFICATION.—Section 1926 of tively; any terminal. the Safe, Accountable, Flexible, Efficient (229) in item number 80 by striking (3) Development, operation, and mainte- Transportation Equity Act: A Legacy for ‘‘$4,544,000’’ and inserting ‘‘$4,731,200’’; nance of electronic single point of filing in Users (119 Stat. 1483) is amended by striking (230) in item number 2096 by striking conjunction with the Internal Revenue Serv- ‘‘The Department’’ and inserting ‘‘Notwith- ‘‘$4,800,000’’ and inserting ‘‘$5,217,600’’; ice by States that impose a tax on the re- standing any other provision of law, the De- (231) in item number 1496 by striking the moval of taxable fuel from any refinery and partment’’. matters in the State, project description, on the removal of taxable fuel from any ter- (b) BUY AMERICA.—Section 1928 of the Safe, and amount columns and inserting ‘‘PA’’, minal. Accountable, Flexible, Efficient Transpor- ‘‘Study future needs of East-West road infra- (4) Development, operation, and mainte- tation Equity Act: A Legacy for Users (119 structure in Adams County’’, and ‘‘$115,200’’, nance of a certification system by a State of Stat. 1484) is amended— respectively; any fuel sold to a State or local government (1) by redesignating paragraphs (2) through (232) in item number 2193 by striking the (as defined in section 4221(d)(4) of the Inter- (5) as paragraphs (3) through (6), respec- project description and inserting ‘‘710 Free- nal Revenue Code of 1986) for the exclusive tively; and way Study to comprehensively evaluate the use of the State or local government or sold (2) by inserting after paragraph (1) the fol- technical feasibility of a tunnel alternative to a qualified volunteer fire department (as lowing: to close the 710 Freeway gap, considering all defined in section 150(e)(2) of such Code) for ‘‘(2) the current application by the Federal practicable routes, in addition to any poten- its exclusive use. Highway Administration of the Buy America tial route previously considered, and with no (5) Development, operation, and mainte- test is only applied to components or parts funds to be used for preliminary engineering nance of a certification system by a State of of a bridge project and not the entire bridge or environmental review except to the extent any fuel sold to a nonprofit educational or- project and this is inconsistent with this necessary to determine feasibility’’; ganization (as defined in section 4221(d)(5) of sense of Congress;’’. (233) in item number 2445 by striking the such Code) that includes verification of the SEC. 110. TRANSPORTATION IMPROVEMENTS. project description and by inserting ‘‘$600,000 good standing of the organization in the The table contained in section 1934(c) of for road and pedestrian safety improvements State in which the organization is providing the Safe, Accountable, Flexible, Efficient on Main Street in the Village of Patchogue; educational services. Transportation Equity Act: A Legacy for $900,000 for road and pedestrian safety im- (d) PROJECT FEDERAL SHARE.—Section 1964 Users (119 Stat. 1486) is amended— provements on Montauk Highway, between of the Safe, Accountable, Flexible, Efficient (1) in item number 436 by inserting ‘‘, NYS Route 112 and Suffolk County Road 101 Transportation Equity: A Legacy for Users Saole,’’ after ‘‘Sua’’; in Suffolk County’’; (119 Stat. 1519) is amended by adding at the (2) in item number 448 by inserting ‘‘by re- (234) in item number 346 by striking the end the following: moving asphalt and concrete and reinstalling project description and by inserting ‘‘Hansen ‘‘(c) SPECIAL RULE.—Notwithstanding any blue cobblestones’’ after ‘‘streets’’; Dam Recreation Area access improvements, other provision of law, the Federal share of (3) by striking item number 451; and including hillside stabilization and parking the cost of the projects described in item (4) in item number 452 by striking lot rehabilitation along Osborne Street be- numbers 1284 and 3093 in the table contained ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’.

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SEC. 111. BIA INDIAN ROAD PROGRAM. (c) CONTRACT AUTHORITY.—Funds made uity Act for the 21st Century (23 U.S.C. 133 Section 1939(b) of the Safe, Accountable, available under this section shall be avail- note; 112 Stat. 141) is amended by striking Flexible, Efficient Transportation Equity able for obligation in the same manner as if ‘‘2003’’ and inserting ‘‘2009’’. Act: A Legacy for Users (119 Stat. 1511) is the funds were apportioned under chapter 1 (b) PROJECT AUTHORIZATIONS.—The table amended— of title 23, United States Code, except that contained in section 1602 of the Transpor- (1) by striking ‘‘For the villages’’ and in- the Federal share shall be determined under tation Equity Act for the 21st Century (112 serting the following: section 510(f) of that title. Stat. 257) is amended in item number 1096 (as ‘‘(1) IN GENERAL.—For the villages’’; (d) APPLICABILITY OF OBLIGATION LIMITA- amended by section 1703(a)(11) of the Safe, (2) by striking ‘‘, and the Secretary’’ and TION.—Funds made available under this sec- Accountable, Flexible, Efficient Transpor- inserting a period and the following: tion shall be subject to any limitation on ob- tation Equity Act: A Legacy for Users (119 ‘‘(2) FISCAL YEAR 2006.—The Secretary’’; and ligations for Federal-aid highways and high- Stat. 1454)) by inserting ‘‘, and planning and (3) by adding at the end the following: way safety construction programs under sec- construction to Heisley Road,’’ before ‘‘in ‘‘(3) FISCAL YEAR 2007.—The Secretary shall tion 1102 the Safe, Accountable, Flexible, Ef- Mentor, Ohio’’. ficient Transportation Equity Act: A Legacy pay, from amounts made available to carry SEC. 116. DEFINITION OF REPEAT INTOXICATED out section 202(d) of title 23, United States for Users (23 U.S.C. 104 note; 119 Stat. 1157) or DRIVER LAW. Code, for fiscal year 2007, the tribal organiza- any other Act. Section 164(a)(5) of title 23, United States (e) EQUITY BONUS FORMULA.—Notwith- tions listed in paragraphs (1) and (2) of sub- Code, is amended by striking subparagraphs standing any other provision of law, in allo- section (a) the difference between the Fed- (A) and (B) and inserting the following: cating funds for the equity bonus program eral share of the costs of the projects listed ‘‘(A) receive— under section 105 of title 23, United States in such paragraphs and the amounts paid to ‘‘(i) a driver’s license suspension for not the respective tribal organizations for such Code, for each of fiscal years 2007 through 2009, the Secretary of Transportation shall less than 1 year; or projects under this section in fiscal year ‘‘(ii) a combination of suspension of all 2006.’’. make the required calculations under that section as if this section had not been en- driving privileges for the first 45 days of the SEC. 112. I–95/CONTEE ROAD INTERCHANGE DE- suspension period followed by a reinstate- SIGN. acted. (f) FUNDING FOR RESEARCH ACTIVITIES.—Of ment of limited driving privileges for the Section 1961 of the Safe, Accountable, the amount made available by section purpose of getting to and from work, school, Flexible, Efficient Transportation Equity or an alcohol treatment program if an igni- Act: A Legacy for Users (119 Stat. 1518) is 5101(a)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Leg- tion interlock device is installed on each of amended— the motor vehicles owned or operated, or (1) in the section heading by striking acy for Users (119 Stat. 1779)— (1) at least $1,000,000 shall be made avail- both, by the individual; ‘‘study’’ and inserting ‘‘design’’ ; ‘‘(B) be subject to the impoundment or im- (2) by striking subsections (a), (b), and (c) able for each of fiscal years 2007 through 2009 to carry out section 502(h) of title 23, United mobilization of, or the installation of an ig- and inserting the following: nition interlock system on, each motor vehi- ‘‘(a) DESIGN.—The Secretary shall make States Code; and cle owned or operated, or both, by the indi- available the funds authorized to be appro- (2) at least $4,900,000 shall be made avail- vidual;’’. priated by this section for the design of the able for each of fiscal years 2007 through 2009 I–95/Contee Road interchange in Prince to carry out section 502(i) of that title. SEC. 117. RESEARCH TECHNICAL CORRECTION. George’s County, Maryland.’’; (g) TECHNICAL AMENDMENTS.— Section 5506(e)(5)(C) of title 49, United (3) by redesignating subsection (d) as sub- (1) SURFACE TRANSPORTATION RESEARCH.— States Code, is amended by striking section (b); and Section 502 of title 23, United States Code, is ‘‘$2,225,000’’and inserting ‘‘$2,250,000’’. (4) in subsection (b)(1) (as so redesignated) amended by striking the first subsection (h), SEC. 118. BUY AMERICA. by striking ‘‘2006’’ and inserting ‘‘2007’’. relating to infrastructure investment needs Section 313 of title 23, United States Code, SEC. 113. HIGHWAY RESEARCH FUNDING. reports beginning with the report for Janu- is amended by adding at the end the fol- ary 31, 1999. (a) F–SHRP FUNDING.—Notwithstanding lowing: any other provision of law, for each of fiscal (2) ADVANCED TRAVEL FORECASTING PROCE- ‘‘(g) WAIVERS.— years 2007 through 2009, at any time at which DURES PROGRAM.—Section 5512(a)(2) of the ‘‘(1) WRITTEN JUSTIFICATIONS.—If the Sec- an apportionment is made of the sums au- Safe, Accountable, Flexible, Efficient Trans- retary determines that it is necessary to thorized to be appropriated for the surface portation Equity Act: A Legacy for Users waive the application of subsection (a) in ac- transportation program, the congestion (119 Stat. 1829) is amended by striking ‘‘PRO- cordance with subsection (b), the Secretary mitigation and air quality improvement pro- GRAM APPRECIATION.—’’ and inserting ‘‘PRO- shall, before the waiver becomes effective— gram, the National Highway System, the GRAM APPLICATION.—’’. ‘‘(A) publish in the Federal Register a de- Interstate maintenance program, the bridge (3) UNIVERSITY TRANSPORTATION RE- tailed written justification as to why the program, or the highway safety improve- SEARCH.—Section 5506 of title 49, United waiver is needed; and ment program, the Secretary of Transpor- States Code, is amended— ‘‘(B) provide the public with a reasonable tation shall— (A) in subsection (i)— period of time for notice and comment. (1) deduct from each apportionment an (i) by striking ‘‘In order to’’ and inserting ‘‘(2) ANNUAL REPORT.—Not later than one amount not to exceed 0.205 percent of the ap- the following: year after the date of enactment of this sub- portionment; and ‘‘(1) IN GENERAL.—In order to’’; and section, and annually thereafter, the Sec- (2) transfer or otherwise make that (ii) by adding at the end the following: retary shall submit to the Committee and amount available to carry out section 510 of ‘‘(2) SPECIAL RULE.—Nothing in paragraph Transportation and Infrastructure of the title 23, United States Code. (1) requires a nonprofit institution of higher House of Representatives and the Committee (b) CONFORMING AMENDMENTS.— learning designated as a Tier II university on the Environment and Public Works of the (1) FUNDING.—Section 5101 of the Safe, Ac- transportation center to maintain total ex- Senate a report on any waivers granted countable, Flexible, Efficient Transportation penditures as described in paragraph (1) in under subsection (b).’’. Equity Act: A Legacy for Users (119 Stat. excess of the amount of the grant awarded to SEC. 119. EFFICIENT USE OF EXISTING HIGHWAY 1779) is amended— the institution.’’; and CAPACITY. (A) in subsection (a)(1) by striking ‘‘509, (B) in subsection (k)(3) by striking ‘‘The (a) STUDY.—The Secretary of Transpor- and 510’’ and inserting ‘‘and 509’’; Secretary’’ and all that follows through ‘‘to tation shall conduct a study on the impacts (B) in subsection (a)(4) by striking carry out this section’’ and inserting ‘‘For of converting left and right highway safety ‘‘$69,700,000’’ and all that follows through each of fiscal years 2007 through 2009, the shoulders to travel lanes. ‘‘2009’’ and inserting ‘‘$40,400,000 for fiscal Secretary shall expend not more than 1.5 (b) CONTENTS.—In conducting the study, year 2005, $69,700,000 for fiscal year 2006, percent of amounts made available to carry the Secretary shall—— $76,400,000 for each of fiscal years 2007 and out this section’’. (1) analyze instances in which safety shoul- 2008, and $78,900,000 for fiscal year 2009’’; and SEC. 114. RESCISSION. ders are used for general purpose vehicle (C) in subsection (b) by inserting after ‘‘50 Section 10212 of the Safe, Accountable, traffic, high occupancy vehicles, and public percent’’ the following ‘‘or, in the case of Flexible, Efficient Transportation Equity transportation vehicles; funds appropriated by subsection (a) to carry Act: A Legacy for Users (as amended by sec- (2) analyze instances in which safety shoul- out section 5201, 5202, or 5203 of this Act, 80 tion 1302 of the Pension Protection Act of ders are not part of the roadway design; percent’’. 2006 (Public Law 109–280)) (119 Stat. 1937; 120 (3) evaluate whether or not conversion of (2) FUTURE STRATEGIC HIGHWAY RESEARCH Stat. 780) is amended by striking safety shoulders or the lack of a safety PROGRAM.—Section 5210 of such Act (119 Stat. ‘‘$8,593,000,000’’ each place it appears and in- shoulder in the original roadway design has 1804) is amended— serting ‘‘$8,710,000,000’’. a significant impact on the number of acci- (A) by striking subsection (c); and SEC. 115. TEA–21 TECHNICAL CORRECTIONS. dents or has any other impact on highway (B) by redesignating subsection (d) as sub- (a) SURFACE TRANSPORTATION PROGRAM.— safety; and section (c). Section 1108(f)(1) of the Transportation Eq- (4) compile relevant statistics.

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(c) REPORT.—Not later than one year after (1) in subsection (a)(1)(A) by striking (D) LIVERMORE.—Section 3043(c) of such the date of enactment of this Act, the Sec- ‘‘intra—agency’’ and inserting Act (119 Stat. 1645) is amended by inserting retary shall transmit to Congress a report on ‘‘intraagency’’; after paragraph (102) the following: the results of the study. (2) in subsection (b)(5)(A) by striking ‘‘(102A) Livermore, California—Livermore SEC. 120. EFFECTIVE DATE. ‘‘5302(a)(1)(A)’’ and inserting ‘‘5302(a)(1)’’ ; Amador Valley Transit Authority BRT.’’. (a) IN GENERAL.—Except as otherwise pro- (3) in subsection (d)(1) by inserting ‘‘to ad- (E) SACRAMENTO.—Section 3043(c)(204) of vided in this Act (including subsection (b)), minister this section and’’ after such Act (119 Stat. 647) is amended by strik- this Act and the amendments made by this ‘‘5338(b)(2)(J)’’; and ing ‘‘Downtown’’. Act take effect on the date of enactment of (4) by adding at the end of subsection (d) (4) SECTION 3044.— this Act. the following: (A) PROJECTS.—The table contained in sec- (b) EXCEPTION.— ‘‘(4) TRANSFERS TO LAND MANAGEMENT tion 3044(a) of such Act (119 Stat. 1652) is (1) IN GENERAL.—The amendments made by AGENCIES.—The Secretary may transfer amended— this Act (other than the amendments made amounts available under paragraph (1) to the (i) in item 25— by sections 103, 105, 110, and 201(o)) to the appropriate Federal land management agen- (I) by striking ‘‘$217,360’’ and inserting Safe, Accountable, Flexible, Efficient Trans- cy to pay necessary costs of the agency for ‘‘$167,360’’; and portation Equity Act: A Legacy for Users such activities described in paragraph (1) in (II) by striking ‘‘$225,720’’ and inserting (Public Law 109–59; 119 Stat. 1144) shall— connection with activities being carried out ‘‘$175,720’’; (A) take effect as of the date of enactment under this section.’’. (ii) in item number 36 by striking the project description and inserting ‘‘Los Ange- of that Act; and (j) SECTION 5323.—Section 5323(n) of such (B) be treated as being included in that Act title is amended by striking ‘‘section les County Metropolitan Transportation Au- as of that date. 5336(e)(2)’’ and inserting ‘‘section 5336(d)(2)’’. thority (LACMTA) for bus and bus-related (2) EFFECT OF AMENDMENTS.—Each provi- facilities in the LACMTA’s service area’’; (k) SECTION 5325.—Section 5325(b) of such (iii) in item number 71 by inserting ‘‘Met- sion of the Safe, Accountable, Flexible, Effi- title is amended— cient Transportation Equity Act: A Legacy ropolitan Bus Authority’’ after ‘‘Puerto (1) in paragraph (1) by inserting before the Rico’’; for Users (Public Law 109–59; 119 Stat. 1144) period at the end ‘‘adopted before August 10, (including the amendments made by that (iv) in item number 84 by striking the 2005’’; project description and inserting ‘‘Improve- Act) (as in effect on the day before the date (2) by striking paragraph (2); and of enactment of this Act) that is amended by ments to the existing Sacramento Inter- (3) by redesignating paragraph (3) as para- modal Facility (Sacramento Valley Sta- this Act (other than sections 103, 105, 110, and graph (2). 201(o)) shall be treated as not being enacted. tion)’’; (l) SECTION 5336.— (v) in item number 94 by striking the TITLE II—TRANSIT PROVISIONS (1) APPORTIONMENTS OF FORMULA GRANTS.— project description and inserting ‘‘Pacific SEC. 201. TRANSIT TECHNICAL CORRECTIONS. Section 5336 of such title is amended— Transit, WA Vehicle Replacement’’; (a) SECTION 5302.—Section 5302(a)(10) of (A) in subsection (a) by striking ‘‘Of the (vi) in item number 120 by striking ‘‘Day- title 49, United States Code, is amended by amount’’ and all that follows before para- ton Airport Intermodal Rail Feasibility striking ‘‘charter,’’ and inserting ‘‘charter, graph (1) and inserting ‘‘Of the amount ap- Study’’ and inserting ‘‘Greater Dayton Re- sightseeing,’’. portioned under subsection (i)(2) to carry out gional Transit Authority bus facilities’’; (b) SECTION 5303.— section 5307—’’; (vii) in item number 152 by inserting ‘‘Met- (1) Section 5303(j)(3)(D) of such title is (B) in subsection (d)(1) by striking ‘‘sub- ropolitan Bus Authority’’ after ‘‘Puerto amended— sections (a) and (h)(2) of section 5338’’ and in- Rico’’; (A) by inserting ‘‘or the identified phase’’ serting ‘‘subsections (a)(1)(C)(vi) and (b)(2)(B) (viii) in item number 416 by striking ‘‘Im- before ‘‘within the time’’; and of section 5338’’; and prove marine intermodal’’ and inserting (B) by inserting ‘‘or the identified phase’’ (C) by redesignating subsection (c), as ‘‘Improve marine dry-dock and’’; before the period at the end. added by section 3034(c) of the Safe, Account- (ix) by adding at the end— (2) Section 5303(k)(2) of such title is amend- able, Flexible, Efficient Transportation Eq- (I) in the project description column ‘‘666. ed by striking ‘‘a metropolitan planning area uity Act: A Legacy for Users (119 Stat. 1628), New York City, NY, rehabilitation of subway serving’’. as subsection (k). stations to include passenger access im- (c) SECTION 5307.—Section 5307(b) of such (2) TECHNICAL AMENDMENTS.—Section provements including escalators or installa- title is amended— 3034(d)(2) of the Safe, Accountable, Flexible, tion of infrastructure for security and sur- (1) in paragraph (2)(A) by striking ‘‘mass Efficient Transportation Equity Act: A Leg- veillance purposes’’; and transportation’’ and inserting ‘‘public trans- acy for Users (119 Stat. 1629), is amended by (II) in each of the FY08 and FY09 columns portation’’; and striking ‘‘paragraph (2)’’ and inserting ‘‘sub- by inserting ‘‘$50,000’’; (2) in paragraph (3) by striking ‘‘section section (a)(2)’’. (x) in item number 457— 5305(a)’’ and inserting ‘‘section 5303(k)’’. (m) SECTION 5337.—Section 5337(a) of title (I) by striking ‘‘$65,000’’ and inserting ‘‘$0’’; (d) SECTION 5309.—Section 5309(m) of such 49, United States Code, is amended by strik- and title is amended— ing ‘‘for each of fiscal years 1998 through (II) by striking ‘‘$67,500’’ and inserting (1) in the heading for paragraph (2)(A) by 2003’’ and inserting ‘‘for each of fiscal years ‘‘$0’’; and striking ‘‘MAJOR CAPITAL’’ and inserting 2005 through 2009’’. (xi) in item number 458— ‘‘CAPITAL’’; and (I) by striking ‘‘$65,000’’ and inserting (n) SECTION 5338.—Section 5338(d)(1)(B) of (2) in paragraph (7)(B) by striking ‘‘section ‘‘$130,000’’; such title is amended by striking ‘‘section 3039’’ and inserting ‘‘section 3045’’. (II) by striking ‘‘$67,500’’ and inserting 5315(a)(16)’’ and inserting ‘‘section (e) SECTION 5311.—Section 5311 of such title ‘‘$135,000’’; and is amended— 5315(b)(2)(P)’’. (xii) in item number 57 by striking the (1) in subsection (g)(1)(A) by striking ‘‘for (o) SAFETEA–LU.— project description and inserting ‘‘Wil- any purpose other than operating assist- (1) SECTION 3037.—Section 3037(c)(3) of the mington, NC, maintenance, operations and ance’’ and inserting ‘‘for a capital project or Safe, Accountable, Flexible, Efficient Trans- administration, transfer facilities’’. project administrative expenses’’; portation Equity Act: A Legacy for Users (B) SPECIAL RULE.—Section 3044(c) of such (2) in subsections (g)(1)(A) and (g)(1)(B) by (119 Stat. 1636) is amended by striking Act (119 Stat. 1705) is amended— striking ‘‘capital’’ after ‘‘net’’; and ‘‘Phase II’’. (i) by inserting ‘‘, or other entity,’’ after (3) in subsection (i)(1) by striking ‘‘Sec- (2) SECTION 3040.—Section 3040(4) of such ‘‘State or local governmental authority’’; tions 5323(a)(1)(D) and 5333(b) of this title Act (119 Stat. 1639) is amended by striking and apply’’ and inserting ‘‘Section 5333(b) ap- ‘‘$7,871,895,000’’ and inserting ‘‘$7,872,893,000’’. (ii) by striking ‘‘projects numbered 258 and plies’’. (3) SECTION 3043.— 347’’ and inserting ‘‘projects numbered 258, (f) SECTION 5312.—The heading for section (A) PORTLAND, OREGON.—Section 3043(b)(27) 347, and 411’’. 5312(c) of such title is amended by striking of such Act (119 Stat. 1642) is amended by in- (5) SECTION 3046.—Section 3046(a)(7) of such ‘‘MASS TRANSPORTATION’’ and inserting serting ‘‘/Milwaukie’’ after ‘‘Mall’’. Act (119 Stat. 1708) is amended— ‘‘PUBLIC TRANSPORTATION’’. (B) SAN DIEGO.—Section 3043(c)(105) of such (A) by striking ‘‘hydrogen fuel cell vehi- (g) SECTION 5314.—Section 5314(a)(3) is Act (119 Stat. 1645) is amended by striking cles’’ and inserting ‘‘hydrogen fueled vehi- amended by striking ‘‘section 5323(a)(1)(D)’’ ‘‘LOSSAN Del Mar-San Diego—Rail Corridor cles’’; and inserting ‘‘section 5333(b)’’. Improvements’’ and inserting ‘‘LOSSAN Rail (B) by striking ‘‘hydrogen fuel cell em- (h) SECTION 5319.—Section 5319 of such title Corridor Improvements’’. ployee shuttle vans’’ and inserting ‘‘hydro- is amended by striking ‘‘section 5307(k)’’ and (C) SAN DIEGO.—Section 3043(c)(217) of such gen fueled employee shuttle vans’’; and inserting ‘‘section 5307(d)(1)(K)’’. Act (119 Stat. 1648) is amended by striking (C) by striking ‘‘in Allentown, Pennsyl- (i) SECTION 5320.—Section 5320 of such title ‘‘San Diego’’ and inserting ‘‘San Diego Tran- vania’’ and inserting ‘‘to the DaVinci Center is amended— sit’’. in Allentown, Pennsylvania’’.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7660 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007

(6) SAN GABRIEL VALLEY––GOLD LINE FOOT- (2) by redesignating the first subsection Act: A Legacy for Users (119 Stat. 1892) is HILL EXTENSION PHASE II.—In evaluating the (h), relating to authorization of appropria- amended— local share of the San Gabriel Valley––Gold tions, as subsection (i) and moving it after (1) by striking ‘‘(3)(A)’’ and inserting ‘‘(3)’’; Line Foothill Extension Phase II project au- the second subsection (h). (2) in subparagraph (A) by striking ‘‘clause thorized by section 3043(b)(33) of such Act (m) USE OF FEES FOR UNIFIED CARRIER REG- (i)’’ and inserting ‘‘clause (i) of subparagraph (119 Stat. 1642) in the new starts rating proc- ISTRATION SYSTEM.—Section 13908 of title 49, (A)’’; and ess, the Secretary of Transportation shall United States Code, is amended by redesig- (3) in subparagraph (B) by striking ‘‘clause give consideration to project elements of the nating subsection (e) as subsection (f) and by (ii)’’ and inserting ‘‘subparagraph (A)(ii)’’. San Gabriel Valley––Gold Line Foothill Ex- inserting after subsection (d) the following: (b) TECHNICAL CORRECTION.—Section tension Phase I project advanced with 100 ‘‘(e) USE OF FEES FOR UNIFIED CARRIER 5103a(g)(1)(B)(ii) of title 49, United States percent non-Federal funds. REGISTRATION SYSTEM.—Fees collected under Code, is amended by striking ‘‘Act’’ and in- TITLE III—OTHER PROVISIONS this section may be credited to the Depart- serting ‘‘subsection’’. ment of Transportation appropriations ac- SEC. 301. TECHNICAL AMENDMENTS RELATING (c) RELATIONSHIP TO OTHER LAWS.—Section TO MOTOR CARRIER SAFETY. count for purposes for which such fees are 7124(3) of the Safe, Accountable, Flexible, Ef- collected and shall be available for expendi- (a) CONFORMING AMENDMENT RELATING TO ficient Transportation Equity Act: A Legacy ture for such purposes until expended.’’. HIGH-PRIORITY ACTIVITIES.—Section 31104(f) for Users (119 Stat. 1908) is amended by in- of title 49, United States Code, is amended by (n) COMMERCIAL MOTOR VEHICLE DEFINI- serting ‘‘the first place it appears’’ before striking the designation and heading for TION.—Section 14504a(a)(1)(B) of title 49, ‘‘and inserting’’. paragraph (1) and by striking paragraph (2). United States Code, is amended by striking (d) REPORT.—Section 5121(h) of title 49, (b) NEW ENTRANT AUDITS.— ‘‘a motor carrier required to make any filing United States Code, is amended— (1) CORRECTIONS OF REFERENCES.—Section or pay any fee to a State with respect to the (1) in paragraph (2) by striking ‘‘exemp- 4107(b) of the Safe, Accountable, Flexible, Ef- motor carrier’s authority or insurance re- tions’’ and inserting ‘‘special permits’’; and ficient Transportation Equity Act: A Legacy lated to operation within such State, the (2) in paragraph (3) by striking ‘‘exemp- for Users (119 Stat. 1720) is amended— motor carrier’’ and inserting ‘‘determining tion’’ and inserting ‘‘special permit’’. the size of a motor carrier or motor private (A) by striking ‘‘Section 31104’’ and insert- (e) SECTION HEADING.—Section 5128 of title carrier’s fleet in calculating the fee to be ing ‘‘Section 31144’’; and 49, United States Code, is amended by strik- paid by a motor carrier or motor private car- (B) in paragraph (1) by inserting ‘‘(c)’’ after ing the section designation and heading and rier pursuant to subsection (f)(1), the motor ‘‘the second subsection’’. inserting the following: (2) CONFORMING AMENDMENT.—Section 7112 carrier or motor private carrier’’. ‘‘§ 5128. Authorization of appropriations’’. of such Act (119 Stat. 1899) is amended by (o) CLARIFICATION OF UNREASONABLE BUR- striking subsection (c). DEN.—Section 14504a(c)(2) of title 49, United (f) CHAPTER ANALYSIS.—The analysis for (c) PROHIBITED TRANSPORTATION.—Section States Code, is amended by striking ‘‘inter- chapter 57 of title 49, United States Code, is 4114(c)(1) of the such Act (119 Stat. 1726) is state’’ the last place it appears and inserting amended in the item relating to section 5701 amended by striking ‘‘the second subsection ‘‘intrastate’’. by striking ‘‘Transportation’’ and inserting (c)’’ and inserting ‘‘(f)’’. (p) CONTENTS OF AGREEMENT TYPO.—Sec- ‘‘transportation’’. (d) EFFECTIVE DATE RELATING TO MEDICAL tion 14504a(f)(1)(A)(ii) of title 49, United (g) NORMAN Y. MINETA RESEARCH AND SPE- EXAMINERS.—Section 4116(f) of such Act (119 States Code, is amended by striking ‘‘or’’ the CIAL PROGRAMS IMPROVEMENT ACT.—Section Stat. 1728) is amended by striking ‘‘amend- last place it appears. 5(b) of the Norman Y. Mineta Research and ment made by subsection (a)’’ and inserting (q) OTHER UNIFIED CARRIER REGISTRATION Special Programs Improvement Act (49 ‘‘amendments made by subsections (a) and SYSTEM TECHNICAL CORRECTIONS.—Section U.S.C. 108 note; 118 Stat. 2427) is amended by (b)’’. 14504a of title 49, United States Code, is inserting ‘‘(including delegations by the Sec- (e) ROADABILITY TECHNICAL CORRECTION.— amended— retary of Transportation)’’ after ‘‘All or- Section 31151(a)(3)(E)(ii) of title 49, United (1) in subsection (c)(1)(B) by striking ‘‘the ders’’. States Code, is amended by striking ‘‘Act’’ a’’ and inserting ‘‘a’’; and (h) SHIPPING PAPERS.—Section 5110(d)(1) of and inserting ‘‘section’’. (2) in subsection (f)(1)(A)(i) by striking ‘‘in title 49, United States Code, is amended— (f) CORRECTION OF SUBSECTION REF- connection with the filing of proof of finan- (1) in the subsection heading by striking ERENCE.—Section 4121 of the Safe, Account- cial responsibility’’. ‘‘SHIPPERS’’ and inserting ‘‘OFFERORS’’; and able, Flexible, Efficient Transportation Eq- (r) TERMINATION OF REGISTRATION PROVI- (2) by striking ‘‘shipper’s’’ and inserting uity Act: A Legacy for Users (119 Stat. 1734) SIONS.—Section 4305(a) of the Safe, Account- ‘‘offeror’s’’. able, Flexible, Efficient Transportation Eq- is amended by striking ‘‘31139(f)(5)’’ and in- (i) NTSB RECOMMENDATIONS.—Section 19(1) uity Act: A Legacy for Users (119 Stat. 1764) serting ‘‘31139(g)(5)’’. of the Pipeline Inspection, Protection, En- is amended by striking ‘‘12 months’’ and in- (g) CDL LEARNER’S PERMIT PROGRAM TECH- forcement, and Safety Act of 2006 (49 U.S.C. serting ‘‘24 months’’. NICAL CORRECTION.—Section 4122(2)(A) of 60102 note; 120 Stat. 3498) is amended by (s) IDENTIFICATION OF VEHICLES.—Section such Act (119 Stat. 1734) is amended by strik- striking ‘‘165’’ and inserting ‘‘1165’’. ing ‘‘license’’ and inserting ‘‘licenses’’. 14506(b)(2) of title 49, United States Code, is SEC. 303. HIGHWAY SAFETY. (h) CDL INFORMATION SYSTEM FUNDING amended by inserting before the semicolon REFERENCE.—Section 31309(f) of title 49, at the end the following: ‘‘or under an appli- (a) STATE MINIMUM APPORTIONMENTS FOR United States Code, is amended by striking cable State law if, on October 1, 2006, the HIGHWAY SAFETY PROGRAMS.—Effective Octo- ‘‘31318’’ and inserting ‘‘31313’’. State has a form of highway use taxation not ber 1, 2007, section 402(c) of the title 23, (i) CLARIFICATION OF REFERENCE.—Section subject to collection through the Inter- United States Code, is amended by striking 229(a)(1) of the Federal Motor Carrier Safety national Fuel Tax Agreement’’. ‘‘The annual apportionment to each State Improvement Act of 1999 (49 U.S.C. 31136 (t) DRIVEAWAY SADDLEMOUNT VEHICLE.— shall not be less than one-half of 1 per cen- note; 119 Stat. 1743) is amended by inserting (1) DEFINITION.—Section 31111(a)(4) of title tum’’ and inserting ‘‘The annual apportion- ‘‘of title 49, United States Code,’’ after 49, United States Code, is amended— ment to each State shall not be less than ‘‘31502’’. (A) in the paragraph heading by striking three-quarters of 1 percent’’. (j) REGISTRATION OF BROKERS.—Section ‘‘DRIVE-AWAY SADDLEMOUNT WITH (b) TECHNICAL CORRECTIONS.— 4142(c)(2) of the Safe, Accountable, Flexible, FULLMOUNT’’ and inserting ‘‘DRIVEAWAY (1) Section 2002(b) of the Safe, Accountable, Efficient Transportation Equity Act: A Leg- SADDLEMOUNT’’ ; Flexible, Efficient Transportation Equity acy for Users (119 Stat. 1747) is amended by (B) by striking ‘‘drive-away saddlemount Act: A Legacy for Users (119 Stat. 1521) is inserting ‘‘each place it appears’’ before the with fullmount’’ and inserting ‘‘driveaway amended— semicolon. saddlemount’’ ; and (A) by striking paragraph (2); and (k) REDESIGNATION OF SECTION.—The sec- (C) by inserting ‘‘Such combination may (B) by redesignating paragraphs (3) and (4) ond section 39 of chapter 2 of title 18, United include one fullmount.’’ after the period at as (2) and (3), respectively. States Code, relating to commercial motor the end. (2) Section 2007(b)(1) of such Act (119 Stat. vehicles required to stop for inspections, and (2) IN GENERAL.—Section 31111(b)(1)(D) of 1529) is amended— the item relating to such section in the anal- such title is amended by striking ‘‘a (A) by inserting ‘‘and’’ after the semicolon ysis for such chapter, are redesignated as driveaway saddlemount with fullmount’’ and at the end of subparagraph (A); section 40. inserting ‘‘all driveaway saddlemount’’. (B) by striking ‘‘and’’ at the end of sub- (l) OFFICE OF INTERMODALISM.—Section 5503 SEC. 302. TECHNICAL AMENDMENTS RELATING paragraph (B); and of title 49, United States Code, is amended— TO HAZARDOUS MATERIALS TRANS- (C) by striking subparagraph (C). (1) in subsection (f)(2) by striking ‘‘Surface PORTATION. (3) Effective August 10, 2005, section Transportation Safety Improvement Act of (a) DEFINITION OF HAZMAT EMPLOYEES.— 410(c)(7)(B) of title 23, United States Code, is 2005’’, and inserting ‘‘Motor Carrier Safety Section 7102(2) of the Safe, Accountable, amended by striking ‘‘clause (i)’’ and insert- Reauthorization Act of 2005’’; and Flexible, Efficient Transportation Equity ing ‘‘clauses (i) and (ii)’’.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7661 (4) Section 411 of title 23, United States It also would free up additional fund- The bulk of this bill is section 105, Code, is amended by redesignating the sec- ing for the National Surface Transpor- which makes changes to over 200 of the ond subsection (c), relating to administra- tation Policy and Revenue Study Com- high-priority projects in section 1702 of tion expenses, and subsection (d) as sub- mission, something that was created as SAFETEA–LU. These changes address sections (d) and (e), respectively. part of SAFETEA–LU and has yet to surface transportation projects in the SEC. 304. REPEAL OF NATIONAL SURFACE TRANS- PORTATION COMMISSION. get its work accomplished. We have bill that were unable to be executed, Section 11142 of the Safe, Accountable, charged them with both looking at and clarifying recipients, and increasing Flexible, Efficient Transportation Equity assessing the future needs, building on certain project funding levels, and de- Act: A Legacy for Users (119 Stat. 1961), and the requirements I just mentioned, the creasing others to achieve budget neu- the item relating to such section in the table annual reports of the Department of trality. of contents contained in section 1(b) of such Transportation, but even going beyond The bill also makes a critical correc- Act, are repealed. that to determine our infrastructure tion in the Transportation Research The SPEAKER pro tempore. Pursu- needs both to maintain the current in- Program authorized in SAFETEA–LU. ant to the rule, the gentleman from Or- frastructure, to enhance it, and to Errors were made in the research sec- egon (Mr. DEFAZIO) and the gentleman mitigate congestion and to move to- tion of SAFETEA–LU that weakened from Arkansas (Mr. BOOZMAN) each will ward a less congested and more fuel-ef- the legacy research programs carried control 20 minutes. ficient transportation future. out by the Department of Transpor- The Chair recognizes the gentleman They have also been charged with tation. This bill addresses that prob- from Oregon. looking at how we pay for these vital lem. GENERAL LEAVE investments and assessing the current The bill also extends the reporting Mr. DEFAZIO. Mr. Speaker, I ask revenue source, the gas tax, and some deadline for the National Surface unanimous consent that all Members assorted excise taxes with future needs. Transportation Policy and Review may have 5 legislative days within This is again critical work to be done Study Commission established in which to revise and extend their re- by that commission. SAFETEA–LU. This important com- marks and to include extraneous mate- This will better fund their work and mission is tasked with recommending a rial on H.R. 1195. give them some of the staff assistance The SPEAKER pro tempore. Is there new direction in funding and policy for they need, give them the capability of our surface transportation programs, objection to the request of the gen- obtaining the data that they need, and tleman from Oregon? and we look forward to seeing their extend the deadline for the report to final report. There was no objection. Congress, which will be a crucial build- Mr. DEFAZIO. Mr. Speaker, I yield Again, thank you, Mr. Chairman, for ing block in the next transportation revitalizing this technical corrections myself such time as I may consume. bill, by 6 months. We have now set a Mr. Speaker, this legislation is truly bill. I hope all of my colleagues will deadline of December 31, 2007. join me in supporting the bill. a compendium of technical corrections. The bill also clarifies something re- Mr. Speaker, I reserve the balance of When you look at a bill the magnitude garding a sense of Congress regarding my time. of SAFETEA–LU and its extraordinary the buy America requirement. We feel Mr. DEFAZIO. Mr. Speaker, I reserve importance in our economy, and I be- that the Federal Highway Administra- the balance of my time. lieve the signature accomplishment of tion is not implementing the Buy Mr. BOOZMAN. Mr. Speaker, I yield the last Congress, there are bound to America Act consistent with our, such time as he may desire to the gen- be some drafting errors and other Congress’s, statutory intent. They are tleman from Alaska (Mr. YOUNG). minor concerns in the legislation. We beginning to break projects down into Mr. YOUNG of Alaska. Mr. Speaker, I recognized those quite early on and had segments in a way that was not antici- would like to thank the gentleman hoped to pass this bill, this technical pated so that they can basically go from Oregon (Mr. DEFAZIO) for bringing corrections bill, during the last Con- around some of the buy America re- this bill forth, and Mr. OBERSTAR, the gress; but it was never considered by quirements. We want to reinforce here chairman of the full committee. This the Senate, as are so many things that that the separate component test is was our bill. We worked on this jointly. we do around here. Hopefully, this time not what we intended, and the amend- Some people say, Why do you need a we will get this needed work done. ment included in this bill is intended technical corrections bill? There are some essential things to be to clarify congressional intent and pro- If you remember, every highway bill accomplished in this legislation. There vide guidance to the Federal Highway we have ever passed has gone through a is an oversight in the bill that results Administration in the implementation series of technical correction adjust- in the Surface Transportation Re- of that section of the bill. search Development and Deployment Mr. Speaker, I reserve the balance of ments because when we write a bill, account being oversubscribed. People my time. sometimes it is misinterpreted by say, who cares. Mr. BOOZMAN. Mr. Speaker, I would highway departments and municipali- Well, actually it means that critical like to thank the chairman for leading ties. This is purely a technical correc- programs for the Federal Highway Ad- the charge on this important technical tions bill. It adds nothing; it takes ministration Legacy Research and re- corrections bill. I want to voice my nothing away. search programs will not be funded, support for H.R. 1195, and I encourage Again, we passed a good piece of leg- and that creates a major problem. For my colleagues to do the same. islation 2 years ago. It has been imple- instance, this would mean that we In the time that has passed since mented, but it will be implemented in would not get the biennial ‘‘Conditions SAFETEA–LU was signed into law, we a better way with these corrections. and Performance Report.’’ If we are have heard from the Department of I have talked with the gentleman going to maintain and improve our Na- Transportation and several States re- from Oregon and all he has to say is tion’s transportation infrastructure, garding fixes to different programs and ‘‘yes’’ or ‘‘no.’’ Regarding Providence we need to understand its status, its high-priority projects. H.R. 1195 ad- Hospital of Anchorage, we are looking condition, and its need for future in- dresses most of the areas that need cor- for a solution to a problem. I agree vestment as we move toward yet an- rection. that we shouldn’t be paying for some- other transportation bill in the coming It is important to note that this bill thing that is already done, but I would Congress. does not make substantial policy like to have those moneys available to It provides appraisals of highways, changes to SAFETEA–LU. Rather, this improve the transportation to the cen- bridges, and transit finance, their ex- bill corrects provisions that were not ter hub of health care in the city of An- penditures in those accounts, and com- workable in SAFETEA–LU. After we chorage. It is my understanding that pares it to the needs we have, oper- pass this bill, SAFETEA–LU will fi- the gentleman has agreed to work with ational performance and future invest- nally be able to accomplish what Con- me in conference to try to solve that ment requirements. gress voted to do 2 years ago. problem.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7662 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 Mr. DEFAZIO. Mr. Speaker, will the projects, it also fully adheres to the I hope the Chairman, along with our col- gentleman yield? new House Member earmark disclosure leagues in the Senate, will work with me to Mr. YOUNG of Alaska. I yield to the requirements. correct this technical problem. gentleman from Oregon. This is legislation that I recommend Despite the omission of this important cor- Mr. DEFAZIO. Absolutely. The gen- wholly to my colleagues, and they can rection, I still support this legislation and I en- tleman from Alaska has had extensive vote for it in good conscience. It will courage my colleagues to do the same. conversation with the chairman of the help build our future and realize the Mr. OBERSTAR. Mr. Speaker, I rise in committee. It is my understanding full dream of SAFETEA–LU as we strong support of H.R. 1195, a bill to make that he is fully committed to helping move through its full term. technical corrections to the surface transpor- resolve this issue. Mr. Speaker, I reserve the balance of tation act, SAFETEA–LU. There is a problem with retroactive my time. H.R. 1195 makes technical corrections to reimbursement, but we are looking at Mr. BOOZMAN. Mr. Speaker, in clos- the surface transportation act, Safe, Account- other ways to deal with critical access ing, I want to thank Mr. DEFAZIO, Mr. able, Flexible, Efficient Transportation Equity to a vital health facility in Anchorage. DUNCAN, Mr. OBERSTAR, and Mr. MICA, Act: A Legacy for Users (SAFETEA–LU), en- Mr. YOUNG of Alaska. I thank the and certainly their staffs, for working acted in 2005. This is a non-controversial, bi- gentleman, and I look forward to work- so hard together to rectify the tech- partisan bill that is intended to correct drafting ing with the gentleman and the chair- nical corrections that we are address- errors, make technical fixes, and clarify Con- man of the full committee on the new ing in SAFETEA–LU. And I also want gressional intent on several provisions of the highway bill. to thank our former chairman, the gen- SAFETEA–LU. This legislation is very similar to the two bills I believe that the adjustments in this tleman from Alaska (Mr. YOUNG), for that passed the House last year, but were bill for the commission are set up for his hard work in providing the leader- ship that we had in the last Congress to never considered by the Senate. finding ways to fund, and it is crucially Although H.R. 1195, as amended, only ad- important to make sure that they have get the SAFETEA–LU bill done. Mr. MICA. Mr. Speaker, H.R. 1195 makes dresses changes to previously authorized enough time to do that job. We are projects, the Committee on Transportation and right in the process of not only fin- technical corrections to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Infrastructure, per my direction, has required ishing up SAFETEA–LU, but now we Members of Congress to submit earmark dis- are in the process of beginning to write Legacy for Users, or SAFETEA–LU. This is the third time we have worked to fi- closure certifications pursuant to Rule XXI of another bill which has to address the nalize these technical corrections to the Rules of the House of Representatives. In issue of transportation in this country. SAFETEA–LU. During the 109th Congress, addition, the bill, as amended, complies with As you know how strong I supported the House passed H.R. 5689, a bill to make pay-as-you-go budget rules. the funding and the methods of funding technical corrections to SAFETEA–LU in June SAFETEA–LU has been very successful previously was not successful, I think 2006. and effective. Building on previous surface this Congress has a responsibility to During the summer and fall of 2006, we transportation acts, SAFETEA–LU provides provide the transportation for the Na- worked with the Senate to create H.R. 6233, the programmatic framework and investments tion as a whole that can do the job. which is a very similar product to the bill we necessary to begin addressing the nation’s Mr. DEFAZIO. Mr. Speaker, I yield are considering today. Now, we are trying growing surface transportation needs. How- myself such time as I may consume. again. ever, as with legislation of this magnitude, I want to thank the gentleman from As my colleagues have just said, H.R. 1195 there were inadvertent drafting errors. The Alaska (Mr. YOUNG) for his leadership makes numerous technical corrections to Fed- changes in this bill are required to ensure that as chairman of the full committee as eral surface transportation programs author- all policies, programs, and projects embodied we went through that process in the ized by SAFETEA–LU. The technical correc- in the authorization act are implemented as in- last Congress, and also the fact that he tions included in this bill have been identified tended by Congress. is willing to get out front at the begin- by the Department of Transportation and are In particular, this bill makes critical fixes to the transportation research program author- ning to begin to try to address what is mostly of a conforming nature, or to correct ized in SAFETEA–LU. Errors were made in actually an investment deficit so far as drafting errors. The most important correction the research program funding calculations that it goes to transportation in the United we are making is to strengthen the Federal resulted in lower than intended funding levels States, something that can be easily Highway research program by ensuring the in several research programs. These technical recognized if one travels to other coun- continuation of the legacy research programs tries and sees how committed they are, fixes will recapture critical research funds for carried out by the Department of Transpor- many essential programs, including: particularly to competitors like China tation. and the investments they are making The Future Strategic Highway Research The majority of this bill is section 105, which Program, a concentrated, results-oriented re- which are absolutely on a massive makes changes to over 200 of the high priority scale to make their economy more effi- search program focused on solving the top projects in sec. 1702 of SAFETEA–LU. These problems of highway safety, reliability, capac- cient to move their people more effi- changes address ‘‘broken’’ surface transpor- ciently. ity, and renewal; and tation projects, clarifying recipients and in- The University Transportation Center Pro- We need to not only maintain what creasing certain project funding levels and de- gram which advances U.S. technology and ex- we have and live on the benefits of our creasing others to achieve budget neutrality. pertise in the many disciplines comprising past investment; we need to ensure There is one purely technical correction that transportation through the mechanisms of edu- more robust future investments. I as- is not included in this package. SAFETEA–LU cation, research, and technology. sure the gentleman I have begun a se- inadvertently changed certain regulations for The bill also clarifies section 1928 of ries of hearings that are on two tracks trucks with a gross vehicle weight of less than SAFETEA–LU regarding the Sense of Con- in the subcommittee I chair to look 10,000 pounds. gress concerning Buy America requirements both at the future investment needs One of the implications of this error is that for Federal-aid highway bridge projects. Con- and also potential ways to raise the operators of these trucks no longer have to gress does not believe that the Federal High- funds we need to make those invest- register or file insurance with DOT. Con- way Administration (‘‘FHWA’’) is implementing ments. sequently, DOT can not regulate them for the Buy America Act consistent with the statu- I look forward to working with the safety purposes. tory intent. Specifically, the ‘‘additional cost gentleman and others as we go through When Congress passed SAFETEA–LU, this test’’ should be conducted on the basis of an that process. change was not a policy change Congress entire bridge project, not on separate compo- I do want to assure Members since knew about or intended to make. If Congress nents of the bridge project. Regrettably, there is a new sensitivity around here wanted to make this change, we would have FHWA has applied the test to separate com- about PAYGO that H.R. 1195 complies debated and discussed it. Rather, this was ponents of a bridge project if the project is fully with House budget rules; and al- something we were not aware of and has had broken into several components for con- though it only addresses changes to very serious unintended consequences—espe- tracting purposes. The original Sense of Con- previously authorized projects, not new cially for small businesses. gress, as well as the amendment included in

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00036 Fmt 0688 Sfmt 9920 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7663 this bill, is intended to clarify Congressional in- HOUSE OF REPRESENTATIVES, COM- These are the small businesses who have tent and to provide guidance to the FHWA in MITTEE ON TRANSPORTATION AND high overhead and small profits, but are pro- INFRASTRUCTURE, its implementation. viding necessary services and products to Washington, DC, March 26, 2007. urban areas and rural towns across the coun- Finally, H.R. 1195 modifies the Repeat In- Hon. BART GORDON, Chairman, Committee on Science and Tech- try. toxicated Driver Law to allow for the use of ig- This change is going to create great hard- nition interlock devices. This change gives nology, Washington, DC. DEAR CHAIRMAN GORDON: Thank you for ships on the small companies who are already States more flexibility to either continue with your March 26, 2007 letter regarding H.R. in the business and most likely will inhibit oth- the current one-year license suspension re- 1195, to amend the Safe, Accountable, Flexi- ers from entering the business. quirement for repeat offenders, or permit a 45- ble, Efficient Transportation Equity Act: A It is disappointing this Congress has not ad- day license suspension, after which limited Legacy for Users to make technical correc- dressed this problem, but I hope we can do so driving privileges are reinstated provided an tions, and for other purposes. Your support before final passage of this bill. for this legislation and your assistance in en- Again, thank you, Mr. Chairman, for revital- ignition interlock device is placed on the of- suring its timely consideration are greatly fender’s vehicle. izing this technical correction bill and I hope all appreciated. my colleagues will join me in supporting this I agree that the research provisions in the Repeat offenders are a significant part of bill. the United States drunk driving problem, rep- bill are of jurisdictional interest to the Com- mittee on Science and Technology. I ac- Mr. BACA. Mr. Speaker, I rise today to resenting about one-third of all Driving Under knowledge that by forgoing a sequential re- voice my strong support for H.R. 1195. This the Influence (DUI) arrests each year. It is es- ferral, your Committee is not relinquishing bill will make essential technical corrections to timated that between 50 and 75 percent of re- its jurisdiction and I will fully support your the Safe, Accountable, Flexible, and Efficient peat offenders whose licenses have been sus- request to be represented in a House Senate Transportation Equity Act. pended continue to drive illegally. An ignition conference on those provisions over which I want to thank my friend, Rep. JAMES the Committee on Science and Technology interlock device prevents offenders who have OBERSTAR, and the Members of the Transpor- has jurisdiction in H.R. 1195. tation and Infrastructure Committee for bring- alcohol in their system from operating their ve- I value your cooperation and look forward hicle, but allows them to continue to drive to ing this legislation to the floor. to working with you as we move ahead with This legislation will provide support for vital work, school, or an alcohol treatment program. this important clean air legislation. Sincerely, projects to my home state of California, and in Mr. Speaker, I urge my colleagues to join JAMES L. OBERSTAR, M.C., particular to the city of San Bernardino, lo- me in supporting H.R. 1195. Chairman. cated in my district. I commend the Chairman for his foresight in giving states the flexibility Mr. Speaker, I submit the following ex- Mr. DUNCAN. Mr. Speaker, I would like to our districts need to carry out these important change of letters between Mr. GORDON and thank the Chairman for revitalizing this impor- transportation projects. myself regarding this bill. tant technical corrections bill and voice my I am particularly pleased this bill includes a HOUSE OF REPRESENTATIVES, COM- support for H.R. 1195. I encourage my col- technical correction for High Priority Project # MITTEE ON SCIENCE AND TECH- leagues to do the same. 2826. This change will allow transportation of- NOLOGY, There were many minor errors—in policy Washington, DC, March 26, 2007. ficials in the Inland Empire to double the num- and in Members projects—in SAFETEA–LU ber of grade separations constructed on the Hon. JAMES L. OBERSTAR, that need technical correction. Chairman, Committee on Transportation and Alameda Corridor East. Infrastructure, Washington, DC. Most people may not remember, but the There is no doubt this project will go a long House and Senate actually passed a DEAR MR. CHAIRMAN: I am writing to you way to help reduce congestion and improve SAFETEA–LU technical corrections bill that road safety for residents in my home district concerning the jurisdictional interest of the was signed into law in October 2005. That bill Committee on Science and Technology in and all Californians traveling to and from the was taken up with extreme urgency because matters being considered in H.R. 1195, to Inland Empire. I urge my colleagues to sup- amend the Safe, Accountable, Flexible, Effi- it prevented the accidental shutdown of boat port our local communities and cast a vote in cient Transportation Equity Act: A Legacy safety programs. favor of H.R. 1195. for Users to make technical corrections, and In the time that has passed since the Octo- Mr. WEINER. Mr. Speaker, I rise to com- for other purposes. The bill amends research ber 2005 SAFETEA–LU technical corrections mend my colleagues for their work on the portions of H.R. 3, Safe, Accountable, Flexi- bill was signed into law, we have heard from SAFETEA–LU technical corrections bill. After ble, Efficient Transportation Equity Act: A DOT and various states regarding fixes to dif- extensive conversations with the local trans- Legacy for Users (P.L. 109–59), which are ferent programs and high priority projects. I portation authority in New York City, it has be- within the Committee on Science and Tech- believe H.R. 1195 addresses most of the come apparent that several changes are nec- nology’s jurisdiction. areas which need correction. essary in order for very important transpor- The Committee on Science and Technology It is important to note that this bill does not tation infrastructure improvements to be imple- acknowledges the importance of H.R. 1195 make substantial policy changes to mented in New York City. Included in this bill and the need for the legislation to move ex- SAFETEA–LU. Rather, this bill corrects provi- are a number of projects that will enhance peditiously. Therefore, while we have a valid sions that were not ‘‘workable’’ in SAFETEA– transportation throughout New York City and claim to jurisdiction over the bill, I agree LU. After we pass this bill, SAFETEA–LU will in my district in particular. not to request a sequential referral. This, of finally be able to accomplish what Congress At my urging, the technical corrections bill course, is conditional on our mutual under- voted to do 2 years ago. includes: $1,100,000 for the New York City standing that nothing in this legislation or H.R. 1195 addresses all of the true tech- Department of Transportation to design and my decision to forgo a sequential referral nical corrections except one. This bill does not rehabilitate roads commonly known as step waives, reduces or otherwise affects the ju- risdiction of the Committee on Science and include a correction to an error in the motor streets, which connect streets on steep Technology and that a copy of this letter carrier title of SAFETEA–LU. grades, in Bronx County in coordination with and of your response will be included in the In SAFETEA–LU, we attempted to har- my colleagues Mr. ENGEL, Mr. CROWLEY, and Congressional Record when the bill is consid- monize the definition of ‘‘commercial motor ve- Mr. SERRANO; $2,500,000 to design and con- ered on the House Floor. hicle’’ with ‘‘motor vehicle’’. Unintentionally, struct school safety projects in New York City The Committee on Science and Technology this change removed trucks weighing 10,000 to be used as part of the recently launched also asks that you support our request to be lbs or less from the truck exemption of the Safe Routes to Schools project, spearheaded conferees on any provisions over which we Fair Labor Standards Act and from DOT’s by the New York City Department of Transpor- have jurisdiction during any House-Senate safety oversight. tation; $1,300,000 for the New York Metropoli- conference on this legislation. I am very concerned with this change in pol- tan Transit Authority to install security cam- Thank you for your attention to this mat- icy that was never negotiated for or discussed eras at the Steinway Street, Broadway, 30th ter. during the bill’s original conference. Avenue, and Astoria Boulevard subway sta- Sincerely, Now, small trucking business, who will have tions in Astoria, New York, at the suggestion BART GORDON, to change their business plan in order to com- and urging of New York Assemblyman Mi- Chairman. ply with the law, are going to suffer the most. chael Gianaris; $100,000 to provide for an

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00037 Fmt 0688 Sfmt 9920 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7664 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 independent study of the Newtown Creek oil public lands which are supposed to receive a electronic votes will be conducted as 5- spill in coordination with my colleague Ms. higher Federal share. minute votes. VELA´ZQUEZ; $500,000 for the New York City My amendment was budget-neutral. It would f Department of Transportation to study and im- have cost nothing. It would not have reduced plement transportation improvements in the any other state’s highway funding. Rather, it MARITIME POLLUTION Breezy Point neighborhood of Queens County; would have merely given our state . . . a PREVENTION ACT OF 2007 $500,000 for the New York Metropolitan Tran- state with more public lands than 47 other The SPEAKER pro tempore. The un- sit Authority’s interagency task force on fenc- states . . . the flexibility it needs to allocate its finished business is the vote on the mo- ing to fence exposed track along the Long Is- Federal funding between our various highway tion to suspend the rules and pass the land Railroad. projects. bill, H.R. 802, as amended, on which the These high priority projects will make a con- At the Chairman’s request, and in exchange yeas and nays were ordered. siderable contribution to the lives of New York for his commitment to work with me on this The Clerk read the title of the bill. City residents. issue as H.R. 1195 goes to conference The SPEAKER pro tempore. The Chairman OBERSTAR, Mr. MICA, Chairman comittee, I withdrew my amendment. I know question is on the motion offered by DEFAZIO, and Mr. DUNCAN deserve the thanks the Chairman understands how important this the gentleman from Maryland (Mr. and appreciation of every Member of this is to Arizona, and I am grateful for his assist- CUMMINGS) that the House suspend the House for their tireless efforts to improve ance. America’s transportation system. I would also like to publicly thank Senator rules and pass the bill, H.R. 802, as amended. I also could not have secured these and JON KYL, who has been a champion of this other programs within TEA–LU without the issue for years. He has fought hard for this in The vote was taken by electronic de- help and counsel of individuals here in Wash- the Senate, and I know he will do the same vice, and there were—yeas 359, nays 48, ington, and New York City. I would like to again this year. I look forward to working with not voting 26, as follows: thank Joshua Fay-Hurvitz of my staff. I would him as well, for the good of Arizona, when the [Roll No. 187] also like to thank both the Democratic and Re- bill reaches conference committee. YEAS—359 publican staff of the Transportation Com- Mr. BOOZMAN. Mr. Speaker, I yield Abercrombie Courtney Hastings (FL) mittee. In particular, I would like to thank Jack- back the balance of my time. Ackerman Cramer Hastings (WA) Aderholt Crenshaw Hayes ie Schmitz and Ward McCarragher of Mr. Mr. DEFAZIO. Mr. Speaker, I yield Akin Cuellar Heller OBERSTAR’s staff. I would also like to thank back the balance of my time. Allen Culberson Hensarling Commissioner Iris Weinshall, David Woloch, The SPEAKER pro tempore. The Altmire Cummings Herger and Andra Horsch at the New York City De- question is on the motion offered by Andrews Davis (AL) Herseth Arcuri Davis (CA) Higgins partment of Transportation. Additionally, I’d the gentleman from Oregon (Mr. Baca Davis (IL) Hill like to thank Derrick Douglas with the State of DEFAZIO) that the House suspend the Bachus Davis, Lincoln Hinchey New York, and Judy Chesser and Bill Daly rules and pass the bill, H.R. 1195, as Baird Davis, Tom Hinojosa Baldwin DeFazio Hirono with the City of New York. Finally I’d like to amended. Barrow DeGette Hobson thank Lee Sander and Chris Boylan with the The question was taken; and (two- Bean Delahunt Hodes New York Metropolitan Transit Authority, Mike thirds being in the affirmative) the Becerra DeLauro Hoekstra Weiss at the Federal Highway Administration, rules were suspended and the bill, as Berkley Dent Holden Berman Diaz-Balart, L. Holt and Jessie Torres at the Department of Trans- amended, was passed. Berry Diaz-Balart, M. Honda portation. A motion to reconsider was laid on Biggert Dicks Hooley Mr. MITCHELL. Mr. Speaker, I rise to thank the table. Bilbray Dingell Hoyer Bilirakis Doggett Hulshof our Chairman, JAMES OBERSTAR, for his dedi- f Bishop (GA) Donnelly Inglis (SC) cation to our Nation’s highways, and for his RECESS Bishop (NY) Doolittle Inslee willingness to work with me on an issue of Bishop (UT) Doyle Israel great importance to Arizona as H.R. 1195 con- The SPEAKER pro tempore. Pursu- Blackburn Drake Issa ant to clause 12(a) of rule I, the Chair Blumenauer Dreier Jackson (IL) tinues its way through the legislative process. Bono Duncan Jackson-Lee H.R. 1195 makes technical corrections to declares the House in recess until ap- Boozman Ehlers (TX) the law that funds our Nation’s highways: the proximately 6:30 p.m. today. Boren Ellison Jefferson Accordingly (at 6 o’clock and 15 min- Boswell Ellsworth Jindal Safe, Accountable, Flexible, Efficient Trans- Boucher Emanuel Johnson (GA) portation Equity Act: A Legacy for Users utes p.m.), the House stood in recess Boustany Emerson Johnson (IL) (‘‘SAFETEA–LU’’). until approximately 6:30 p.m. Boyd (FL) Engel Johnson, E. B. Unfortunately, when the law was drafted, Ar- f Boyda (KS) English (PA) Johnson, Sam Brady (TX) Eshoo Jones (NC) izona was left out of a key provision. That pro- b 1830 Braley (IA) Etheridge Jones (OH) vision concerns the Federal funding share that Brown (SC) Fallin Jordan is made available for certain highway projects. AFTER RECESS Buchanan Farr Kagen Under existing law, the Federal Government Burgess Fattah Kaptur The recess having expired, the House Butterfield Ferguson Keller is supposed to assume a larger share for Fed- was called to order by the Speaker pro Calvert Filner Kennedy eral highway projects in states with large pro- tempore (Mr. SALAZAR) at 6 o’clock and Camp (MI) Forbes Kildee portions of Federal lands. 30 minutes p.m. Campbell (CA) Fortenberry Kilpatrick Cannon Fossella Kind Currently, SAFETEA–LU identifies 6 such f Capito Frank (MA) King (NY) states with large amounts of public land. Capps Frelinghuysen Kirk Unfortunately, Arizona . . . which ranks 3rd ANNOUNCEMENT BY THE SPEAKER Capuano Gallegly Klein (FL) in the Nation in public lands . . . was left off PRO TEMPORE Carnahan Garrett (NJ) Knollenberg Carney Gerlach Kucinich that list. The SPEAKER pro tempore. Pursu- Castle Giffords Kuhl (NY) I believe this was a mistake, and should be ant to clause 8 of rule XX, proceedings Castor Gilchrest LaHood corrected along with all the other mistakes that will resume on motions to suspend the Chabot Gillibrand Lamborn rules previously postponed. Chandler Gillmor Langevin H.R. 1195 addresses. Clarke Gonzalez Lantos At the time SAFETEA–LU was initially draft- Votes will be taken in the following Clay Goodlatte Larsen (WA) ed, no one from Arizona served on the House order: Cleaver Granger Larson (CT) Committee on Transportation and Infrastruc- H.R. 802, by the yeas and nays; Clyburn Graves Latham Coble Green, Al LaTourette ture, and thus, there was no one to bring this H.R. 137, by the yeas and nays; Cohen Green, Gene Lee omission to the Committee’s attention. H.R. 580, by the yeas and nays. Cole (OK) Grijalva Levin I am now proud to serve on that committee. The vote on H. Res. 266 will be taken Conaway Gutierrez Lewis (CA) When we marked up H.R. 1195 earlier this tomorrow. Conyers Hall (NY) Lewis (GA) Cooper Hall (TX) Lipinski month, I offered an amendment to add Ari- The first electronic vote will be con- Costa Hare LoBiondo zona to the list of states with large amounts of ducted as a 15-minute vote. Remaining Costello Harman Loebsack

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7665 Lofgren, Zoe Pascrell Simpson So (two-thirds being in the affirma- Hulshof Meehan Sanchez, Loretta Lowey Pastor Sires tive) the rules were suspended and the Inglis (SC) Meek (FL) Sarbanes Lucas Pearce Skelton Inslee Meeks (NY) Saxton Lungren, Daniel Perlmutter Slaughter bill, as amended, was passed. Israel Melancon Schakowsky E. Peterson (MN) Smith (NE) The result of the vote was announced Issa Mica Schiff Lynch Petri Smith (NJ) as above recorded. Jackson (IL) Michaud Schmidt Mahoney (FL) Pickering Jackson-Lee Miller (FL) Smith (TX) The title was amended so as to read: Schwartz Maloney (NY) Pitts Snyder (TX) Miller (MI) Scott (GA) Manzullo Platts Solis ‘‘A bill to amend the Act to Prevent Jefferson Miller (NC) Scott (VA) Markey Pomeroy Space Pollution from Ships to implement Jindal Miller, Gary Serrano Marshall Porter Spratt Johnson (GA) Miller, George Sessions Matheson Pryce (OH) MARPOL Annex VI.’’. Johnson (IL) Mitchell Stark Sestak Matsui Putnam A motion to reconsider was laid on Johnson, E. B. Mollohan Stupak Shadegg McCarthy (CA) Radanovich Jones (NC) Moore (KS) Sutton the table. Shays McCarthy (NY) Rahall Jones (OH) Moore (WI) Tanner Shea-Porter McCaul (TX) Ramstad f Jordan Moran (KS) Tauscher Sherman McCollum (MN) Rangel Kagen Moran (VA) Shimkus Taylor McCotter Regula Kaptur Murphy (CT) Shuler Terry ANIMAL FIGHTING PROHIBITION McDermott Rehberg Keller Murphy, Patrick Simpson Thompson (CA) ENFORCEMENT ACT OF 2007 McGovern Reichert Kennedy Murphy, Tim Sires Thompson (MS) McHugh Renzi The SPEAKER pro tempore. The un- Kildee Murtha Skelton McIntyre Reyes Tiahrt Kilpatrick Musgrave finished business is the vote on the mo- Slaughter McKeon Reynolds Tiberi Kind Myrick Smith (NJ) McMorris Rodriguez Tierney tion to suspend the rules and pass the King (NY) Nadler Smith (TX) Rodgers Rogers (KY) Towns bill, H.R. 137, as amended, on which the Kirk Napolitano Snyder McNerney Rogers (MI) Turner yeas and nays were ordered. Klein (FL) Nunes Solis McNulty Rohrabacher Udall (CO) Kline (MN) Oberstar The Clerk read the title of the bill. Space Meehan Ros-Lehtinen Upton Knollenberg Obey Spratt Meek (FL) Roskam Van Hollen The SPEAKER pro tempore. The Kucinich Olver Stark Meeks (NY) Ross Vela´ zquez question is on the motion offered by Kuhl (NY) Ortiz Stupak Melancon Rothman LaHood Pallone Visclosky Sutton Mica Roybal-Allard the gentleman from Virginia (Mr. Langevin Pascrell Walberg Tancredo Michaud Royce COTT Lantos Pastor Walden (OR) S ) that the House suspend the Tanner Miller (NC) Ruppersberger Larsen (WA) Pearce Walz (MN) rules and pass the bill, H.R. 137, as Tauscher Miller, Gary Rush Larson (CT) Pence Wasserman Taylor Miller, George Ryan (OH) amended. Latham Perlmutter Schultz Terry Mitchell Ryan (WI) This will be a 5-minute vote. LaTourette Peterson (MN) Waters Thompson (CA) Mollohan Salazar Lee Petri Watson The vote was taken by electronic de- Thompson (MS) Moore (KS) Sa´ nchez, Linda Levin Pickering Watt vice, and there were—yeas 368, nays 39, Tiahrt Moore (WI) T. Lewis (CA) Pitts Waxman Tiberi Moran (KS) Sanchez, Loretta not voting 26, as follows: Lewis (GA) Platts Weiner Tierney Moran (VA) Sarbanes [Roll No. 188] Linder Pomeroy Murphy (CT) Saxton Welch (VT) Lipinski Porter Towns Murphy, Patrick Schakowsky Weldon (FL) YEAS—368 LoBiondo Price (GA) Turner Murphy, Tim Schiff Weller Abercrombie Capps Engel Loebsack Pryce (OH) Udall (CO) Murtha Schmidt Whitfield Ackerman Capuano English (PA) Lofgren, Zoe Putnam Upton Musgrave Schwartz Wicker Aderholt Carnahan Eshoo Lowey Radanovich Van Hollen ´ Myrick Scott (GA) Wilson (NM) Akin Carney Etheridge Lungren, Daniel Rahall Velazquez Nadler Scott (VA) Wilson (OH) Alexander Carter Everett E. Ramstad Visclosky Napolitano Serrano Wilson (SC) Allen Castle Fallin Lynch Rangel Walberg Neugebauer Sestak Wolf Altmire Castor Farr Mahoney (FL) Regula Walden (OR) Nunes Shadegg Woolsey Andrews Chabot Fattah Maloney (NY) Rehberg Walz (MN) Oberstar Shays Wu Arcuri Chandler Ferguson Manzullo Reichert Wasserman Obey Shea-Porter Wynn Baca Clarke Filner Markey Renzi Schultz Olver Sherman Yarmuth Bachmann Clay Forbes Marshall Reyes Waters Ortiz Shimkus Young (AK) Bachus Cleaver Fortenberry Matheson Reynolds Watson Pallone Shuler Young (FL) Baird Clyburn Fossella Matsui Rodriguez Watt Baker Coble Frank (MA) McCarthy (CA) Rogers (KY) Waxman NAYS—48 Baldwin Cohen Franks (AZ) McCarthy (NY) Rogers (MI) Weiner Alexander Davis, David Miller (FL) Barrett (SC) Conyers Frelinghuysen McCaul (TX) Rohrabacher Welch (VT) Bachmann Deal (GA) Miller (MI) Barrow Cooper Gallegly McCollum (MN) Ros-Lehtinen Weldon (FL) Baker Everett Paul Bartlett (MD) Costa Gerlach McCotter Roskam Weller Whitfield Barrett (SC) Foxx Pence Bean Costello Giffords McCrery Ross Wicker Bartlett (MD) Franks (AZ) Poe Becerra Courtney Gilchrest McDermott Rothman Berkley Wilson (NM) Barton (TX) Gingrey Price (GA) Cramer Gillibrand McGovern Roybal-Allard Berman Crenshaw Gillmor McHenry Royce Wilson (OH) Blunt Gohmert Rogers (AL) Berry Cubin Gingrey McHugh Ruppersberger Wilson (SC) Boehner Goode Sali Bonner Hastert Biggert Cuellar Gonzalez McIntyre Rush Wolf Sensenbrenner Brown-Waite, King (IA) Bilbray Culberson Goodlatte McKeon Ryan (OH) Woolsey Sessions Ginny Kingston Bilirakis Cummings Granger McMorris Ryan (WI) Wu Stearns Burton (IN) Kline (MN) Bishop (GA) Davis (AL) Green, Al Rodgers Salazar Wynn Buyer Lewis (KY) Sullivan Bishop (NY) Davis (CA) Green, Gene McNerney Sa´ nchez, Linda Yarmuth Cantor Linder Tancredo Bishop (UT) Davis (IL) Grijalva McNulty T. Young (FL) Carter Mack Thornberry Blackburn Davis (KY) Gutierrez Cubin McCrery Westmoreland Blumenauer Davis, Lincoln Hall (NY) NAYS—39 Bonner Davis, Tom Hall (TX) Davis (KY) McHenry Barton (TX) Foxx Mack Bono Deal (GA) Hare Blunt Garrett (NJ) Neugebauer NOT VOTING—26 Boozman DeFazio Harman Boehner Gohmert Paul Boswell DeGette Hastert Brady (PA) Gordon Peterson (PA) Boren Graves Poe Boucher Delahunt Hastings (FL) Brown, Corrine Hunter Price (NC) Brady (TX) Hayes Rogers (AL) Boustany DeLauro Hastings (WA) Cardoza Kanjorski Shuster Cannon Hensarling Sali Boyd (FL) Dent Heller Carson Lampson Smith (WA) Cantor Hinojosa Sensenbrenner Boyda (KS) Dicks Herger Crowley Marchant Souder Cole (OK) Johnson, Sam Smith (NE) Braley (IA) Dingell Herseth Davis, Jo Ann Millender- Udall (NM) Conaway King (IA) Stearns Brown (SC) Doggett Higgins Edwards McDonald Walsh (NY) Davis, David Kingston Sullivan Brown-Waite, Donnelly Hill Feeney Neal (MA) Wamp Diaz-Balart, L. Lamborn Thornberry Ginny Doyle Hinchey Flake Payne Wexler Diaz-Balart, M. Lewis (KY) Westmoreland Buchanan Drake Hirono Doolittle Lucas Young (AK) b 1854 Burgess Dreier Hobson Burton (IN) Duncan Hodes Mr. POE and Mr. ROGERS of Ala- Butterfield Edwards Hoekstra NOT VOTING—26 bama changed their vote from ‘‘yea’’ to Buyer Ehlers Holden Brady (PA) Davis, Jo Ann Hunter ‘‘nay.’’ Calvert Ellison Holt Brown, Corrine Feeney Kanjorski Camp (MI) Ellsworth Honda Cardoza Flake Lampson Mr. CANNON changed his vote from Campbell (CA) Emanuel Hooley Carson Goode Marchant ‘‘nay’’ to ‘‘yea.’’ Capito Emerson Hoyer Crowley Gordon

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7666 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 Millender- Price (NC) Walsh (NY) Hirono McIntyre Sa´ nchez, Linda Sessions Tiberi Wicker McDonald Shuster Wamp Hobson McKeon T. Smith (NE) Turner Wilson (SC) Neal (MA) Smith (WA) Wexler Hodes McMorris Sanchez, Loretta Tiahrt Westmoreland Young (FL) Payne Souder Hoekstra Rodgers Sarbanes Peterson (PA) Udall (NM) Holden McNerney Saxton NOT VOTING—26 Holt McNulty Schakowsky Brady (PA) Hunter Peterson (PA) ANNOUNCEMENT BY THE SPEAKER PRO Honda Meehan Schiff Brown, Corrine Jefferson Price (NC) TEMPORE. Hooley Meek (FL) Schwartz Cardoza Kanjorski Shuster The SPEAKER pro tempore (during Hoyer Meeks (NY) Scott (GA) Carson Lampson Smith (WA) the vote). Members are advised that Hulshof Melancon Scott (VA) Crowley Marchant Souder Inglis (SC) Michaud Serrano Davis, Jo Ann Millender- Udall (NM) there are 2 minutes remaining in this Inslee Miller (MI) Sestak Feeney McDonald Walsh (NY) vote. Israel Miller (NC) Shadegg Flake Neal (MA) Wamp Issa Miller, Gary Shays Gordon Payne Wexler b 1903 Jackson (IL) Shea-Porter Miller, George ANNOUNCEMENT BY THE SPEAKER PRO Jackson-Lee Mitchell Sherman So (two-thirds being in the affirma- TEMPORE. (TX) Mollohan Shimkus tive) the rules were suspended and the Jindal Moore (KS) Shuler The SPEAKER pro tempore (during bill, as amended, was passed. Johnson (GA) Moore (WI) Simpson the vote). Members are advised that The result of the vote was announced Johnson (IL) Moran (KS) Sires there are 2 minutes remaining in this Johnson, E. B. Skelton as above recorded. Moran (VA) vote. Jones (NC) Murphy (CT) Slaughter A motion to reconsider was laid on Jones (OH) Murphy, Patrick Smith (NJ) b 1911 the table. Kagen Murphy, Tim Smith (TX) Kaptur Murtha Snyder So (two-thirds being in the affirma- f Keller Nadler Solis tive) the rules were suspended and the Kennedy Space Napolitano bill, as amended, was passed. INTERIM APPOINTMENT OF Kildee Neugebauer Spratt Kilpatrick Stark The result of the vote was announced UNITED STATES ATTORNEYS Oberstar Kind Stearns Obey as above recorded. King (IA) Stupak The SPEAKER pro tempore. The un- Olver A motion to reconsider was laid on King (NY) Sullivan finished business is the vote on the mo- Ortiz Kirk Sutton the table. Pallone tion to suspend the rules and pass the Klein (FL) Tancredo Pascrell f bill, H.R. 580, as amended, on which the Knollenberg Tanner Pastor Kucinich Tauscher NATO FREEDOM CONSOLIDATION yeas and nays were ordered. Paul Kuhl (NY) Taylor The Clerk read the title of the bill. Pearce ACT OF 2007 LaHood Terry Pence The SPEAKER pro tempore. The Langevin Thompson (CA) Mr. TANNER. Madam Speaker, I ask question is on the motion offered by Lantos Perlmutter Thompson (MS) Peterson (MN) unanimous consent to take from the the gentleman from Michigan (Mr. Larsen (WA) Thornberry Speaker’s table the Senate bill (S. 494) Larson (CT) Petri Tierney CONYERS) that the House suspend the Latham Pickering Towns to endorse further enlargement of the rules and pass the bill, H.R. 580, as Lee Pitts Udall (CO) North Atlantic Treaty Organization Levin Platts Upton amended. Pomeroy (NATO) and to facilitate the timely ad- This will be a 5-minute vote. Lewis (CA) Van Hollen Lewis (GA) Porter Vela´ zquez mission of new members to NATO, and The vote was taken by electronic de- Lipinski Pryce (OH) Visclosky for other purposes, and ask for its im- vice, and there were—yeas 329, nays 78, LoBiondo Putnam Walberg mediate consideration in the House. Radanovich not voting 26, as follows: Loebsack Walden (OR) The Clerk read the title of the Senate Lofgren, Zoe Rahall Walz (MN) [Roll No. 189] Lowey Ramstad Wasserman bill. YEAS—329 Lucas Rangel Schultz The SPEAKER pro tempore (Ms. Lungren, Daniel Regula Waters WATSON). Is there objection to the re- Abercrombie Carnahan Emanuel E. Rehberg Watson Ackerman Carney Emerson Lynch Reichert Watt quest of the gentleman from Ten- Alexander Castle Engel Mack Renzi Waxman nessee? Allen Castor Eshoo Mahoney (FL) Reyes Weiner There was no objection. Altmire Chandler Etheridge Maloney (NY) Rodriguez Welch (VT) The Clerk read the Senate bill, as fol- Andrews Clarke Fallin Markey Rogers (MI) Weldon (FL) Arcuri Clay Farr Marshall Rohrabacher Weller lows: Baca Cleaver Fattah Matheson Ros-Lehtinen Whitfield S. 494 Bachus Clyburn Ferguson Matsui Ross Wilson (NM) Baird Cohen Filner Be it enacted by the Senate and House of Rep- McCarthy (NY) Rothman Wilson (OH) resentatives of the United States of America in Baldwin Cole (OK) Forbes McCaul (TX) Roybal-Allard Wolf Barrow Conyers Fortenberry McCollum (MN) Royce Woolsey Congress assembled, Bartlett (MD) Cooper Fossella McCotter Ruppersberger Wu SECTION 1. SHORT TITLE. Bean Costa Frank (MA) McDermott Rush Wynn This Act may be cited as the ‘‘NATO Free- Becerra Costello Frelinghuysen McGovern Ryan (OH) Yarmuth dom Consolidation Act of 2007’’. Berkley Courtney Gallegly McHugh Salazar Young (AK) Berman Cramer Garrett (NJ) SEC. 2. FINDINGS. Berry Cuellar Gerlach Congress makes the following findings: NAYS—78 Biggert Cummings Giffords (1) The sustained commitment of the North Bilbray Davis (AL) Gilchrest Aderholt Crenshaw Lamborn Atlantic Treaty Organization (NATO) to mu- Bilirakis Davis (CA) Gillibrand Akin Cubin LaTourette tual defense has made possible the demo- Bishop (GA) Davis (IL) Gillmor Bachmann Culberson Lewis (KY) Bishop (NY) Davis, Lincoln Gohmert Baker Davis (KY) Linder cratic transformation of Central and Eastern Blumenauer Davis, Tom Gonzalez Barrett (SC) Davis, David Manzullo Europe. Members of the North Atlantic Trea- Boozman DeFazio Goode Barton (TX) Deal (GA) McCarthy (CA) ty Organization can and should play a crit- Boren DeGette Goodlatte Bishop (UT) Doolittle McCrery ical role in addressing the security chal- Boswell Delahunt Green, Al Blackburn Duncan McHenry lenges of the post-Cold War era in creating Boucher DeLauro Green, Gene Blunt English (PA) Mica the stable environment needed for those Boustany Dent Grijalva Boehner Everett Miller (FL) emerging democracies in Europe. Boyd (FL) Diaz-Balart, L. Gutierrez Bonner Foxx Musgrave Boyda (KS) Diaz-Balart, M. Hall (NY) Bono Franks (AZ) Myrick (2) Lasting stability and security in Europe Braley (IA) Dicks Hare Brady (TX) Gingrey Nunes requires the military, economic, and polit- Brown-Waite, Dingell Harman Brown (SC) Granger Poe ical integration of emerging democracies Ginny Doggett Hastings (FL) Burton (IN) Graves Price (GA) into existing European structures. Buchanan Donnelly Hastings (WA) Buyer Hall (TX) Reynolds (3) In an era of threats from terrorism and Burgess Doyle Heller Campbell (CA) Hastert Rogers (AL) the proliferation of weapons of mass destruc- Butterfield Drake Hensarling Cannon Hayes Rogers (KY) tion, the North Atlantic Treaty Organization Calvert Dreier Herseth Cantor Herger Roskam Camp (MI) Edwards Higgins Carter Johnson, Sam Ryan (WI) is increasingly contributing to security in Capito Ehlers Hill Chabot Jordan Sali the face of global security challenges for the Capps Ellison Hinchey Coble Kingston Schmidt protection and interests of its member Capuano Ellsworth Hinojosa Conaway Kline (MN) Sensenbrenner states.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7667 (4) In the NATO Participation Act of 1994 Slovenia issued a statement (later joined by Action Plan, and encourage them to con- (title II of Public Law 103–447; 22 U.S.C. 1928 Croatia) declaring that— tinue pursuing the reforms necessary to note), Congress declared that ‘‘full and ac- (A) their countries will cooperate in joint- progress toward NATO membership. We also tive participants in the Partnership for ly seeking membership in the North Atlantic commend their contribution to regional sta- Peace in a position to further the principles Treaty Organization in the next round of en- bility and cooperation. We want all three of the North Atlantic Treaty and to con- largement of the North Atlantic Treaty Or- countries to succeed and will continue to as- tribute to the security of the North Atlantic ganization; sist them in their reform efforts. NATO will area should be invited to become full NATO (B) the realization of membership in the continue to assess each country’s candidacy members in accordance with Article 10 of North Atlantic Treaty Organization by one individually, based on the progress made to- such Treaty at an early date. . .’’. or more of these countries would be a success wards reform goals pursued through the (5) In the NATO Enlargement Facilitation for all; and Membership Action Plan, which will remain Act of 1996 (title VI of section 101(c) of title (C) eventual membership in the North At- the vehicle to keep the readiness of each as- I of division A of Public Law 104–208; 22 lantic Treaty Organization for all of these pirant for membership under review. We di- U.S.C. 1928 note), Congress called for the countries would be a success for Europe and rect that NATO Foreign Ministers keep the prompt admission of Poland, Hungary, the for the North Atlantic Treaty Organization. enlargement process, including the imple- Czech Republic, and Slovenia to the North (11) On June 15, 2001, in a speech in War- mentation of the Membership Action Plan, Atlantic Treaty Organization, and declared saw, Poland, President George W. Bush stat- under continual review and report to us. We that ‘‘in order to promote economic stability ed ‘‘[a]ll of Europe’s new democracies, from will review at the next Summit progress by and security in Slovakia, Estonia, Latvia, the Baltic to the Black Sea and all that lie aspirants towards membership based on that Lithuania, Romania, Bulgaria, Albania, between, should have the same chance for se- report’’. Moldova, and Ukraine . . . the process of en- curity and freedom—and the same chance to (16) Georgia and Ukraine have stated their larging NATO to include emerging democ- join the institutions of Europe—as Europe’s desire to join the Euro-Atlantic community, racies in Central and Eastern Europe should old democracies have . . . I believe in NATO and in particular, are seeking to join the not be limited to consideration of admitting membership for all of Europe’s democracies North Atlantic Treaty Organization. Georgia Poland, Hungary, the Czech Republic, and that seek it and are ready to share the re- and Ukraine are working closely with the Slovenia as full members of the NATO Alli- sponsibilities that NATO brings . . . [a]s we North Atlantic Treaty Organization and its ance’’. plan to enlarge NATO, no nation should be members to meet criteria for eventual mem- (6) In the European Security Act of 1998 used as a pawn in the agenda of others . . . bership in NATO. (title XXVII of division G of Public Law 105– [w]e will not trade away the fate of free Eu- (17) At a press conference with President 277; 22 U.S.C. 1928 note), Congress declared ropean peoples . . . [n]o more Munichs . . . Mikhail Saakashvili of Georgia in Wash- that ‘‘Poland, Hungary, and the Czech Re- [n]o more Yaltas . . . [a]s we plan the Prague ington, D.C. on July 5, 2006, President George public should not be the last emerging de- Summit, we should not calculate how little W. Bush stated that ‘‘. . . I believe that mocracies in Central and Eastern Europe in- we can get away with, but how much we can NATO would benefit with Georgia being a vited to join NATO’’ and that ‘‘Romania, Es- do to advance the cause of freedom’’. member of NATO, and I think Georgia would tonia, Latvia, Lithuania, and Bulgaria . . . (12) On October 22, 1996, in a speech in De- benefit. And there’s a way forward through would make an outstanding contribution to troit, Michigan, former President William J. the Membership Action Plan . . . And I’m a furthering the goals of NATO and enhancing Clinton stated ‘‘NATO’s doors will not close believer in the expansion of NATO. I think stability, freedom, and peace in Europe behind its first new members . . . NATO it’s in the world’s interest that we expand should they become NATO members [and] should remain open to all of Europe’s emerg- NATO’’. upon complete satisfaction of all relevant ing democracies who are ready to shoulder (18) Following a meeting of NATO Foreign criteria should be invited to become full the responsibilities of membership . . . [n]o Ministers in New York on September 21, 2006, NATO members at the earliest possible nation will be automatically excluded . . . NATO Secretary General Jaap de Hoop date’’. [n]o country outside NATO will have a veto Scheffer announced the launching of an In- (7) In the Gerald B. H. Solomon Freedom . . . [a] gray zone of insecurity must not re- tensified Dialogue on membership between Consolidation Act of 2002 (Public Law 107– emerge in Europe’’. the Alliance and Georgia. 187; 22 U.S.C. 1928 note), Congress endorsed (13) At the Prague Summit of the North (19) At the NATO–Ukraine Commission ‘‘. . . the vision of further enlargement of Atlantic Treaty Organization in November Summit in Brussels in February 2005, Presi- the NATO Alliance articulated by President 2002, Bulgaria, Estonia, Latvia, Lithuania, dent of Ukraine Victor Yushchenko declared George W. Bush on June 15, 2001, and by Romania, Slovakia, and Slovenia were in- membership in NATO as the ultimate goal of former President William J. Clinton on Octo- vited to join the Alliance in the second Ukraine’s cooperation with the Alliance and ber 22, 1996’’. round of enlargement of the North Atlantic expressed Ukraine’s desire to conclude a (8) At the Madrid Summit of the North At- Treaty Organization since the end of the Membership Action Plan. lantic Treaty Organization in July 1997, Po- Cold War, and the North Atlantic Treaty Or- (20) At the NATO–Ukraine Commission land, Hungary, and the Czech Republic were ganization heads of state and government Foreign Ministerial meeting in Vilnius in invited to join the Alliance, and the North issued a declaration stating ‘‘NATO’s door April 2005, NATO and Ukraine launched an Atlantic Treaty Organization heads of state will remain open to European democracies Intensified Dialogue on the potential mem- and government issued a declaration stating willing and able to assume the responsibil- bership of Ukraine in NATO. ‘‘[t]he alliance expects to extend further in- ities and obligations of membership, in ac- (21) At the Riga Summit of the North At- vitations in coming years to nations willing cordance with Article 10 of the Washington lantic Treaty Organization in November 2006, and able to assume the responsibilities and Treaty’’. the Heads of State and Government of the obligations of membership . . . [n]o Euro- (14) On May 8, 2003, the United States Sen- member countries of NATO issued a declara- pean democratic country whose admission ate unanimously approved the Resolution of tion reaffirming that NATO’s door remains would fulfill the objectives of the [North At- Ratification to Accompany Treaty Docu- open to new members, declaring that ‘‘all lantic] Treaty will be excluded from consid- ment No. 108–4, Protocols to the North At- European democratic countries may be con- eration’’. lantic Treaty of 1949 on Accession of Bul- sidered for MAP (Membership Action Plan) (9) At the Washington Summit of the garia, Estonia, Latvia, Lithuania, Romania, or admission, subject to decision by the NAC North Atlantic Treaty Organization in April Slovakia, and Slovenia, inviting Bulgaria, (North Atlantic Council) at each stage, based 1999, the North Atlantic Treaty Organization Estonia, Latvia, Lithuania, Romania, Slo- on the performance of these countries to- heads of state and government issued a vakia, and Slovenia to join the North Atlan- wards meeting the objectives of the North communique´ declaring ‘‘[w]e pledge that tic Treaty Organization. Atlantic Treaty. We direct that NATO For- NATO will continue to welcome new mem- (15) At the Istanbul Summit of the North eign Ministers keep that process under con- bers in a position to further the principles of Atlantic Treaty Organization in June 2004, tinual review and report to us. We welcome the [North Atlantic] Treaty and contribute the North Atlantic Treaty Organization the efforts of Albania, Croatia, and the to peace and security in the Euro-Atlantic heads of state and government issued a former Yugoslav Republic of Macedonia to area . . . [t]he three new members will not communique´ reaffirming that NATO’s door prepare themselves for the responsibilities be the last . . . [n]o European democratic remains open to new members, declaring and obligations of membership. We reaffirm country whose admission would fulfill the ‘‘[w]e celebrate the success of NATO’s Open that the Alliance will continue with Georgia objectives of the Treaty will be excluded Door Policy, and reaffirm tody that our and Ukraine its Intensified Dialogues which from consideration, regardless of its geo- seven new members will not be the last. The cover the full range of political, military, fi- graphic location . . .’’. door to membership remains open. We wel- nancial and security issues relating to those (10) In May 2000 in Vilnius, Lithuania, the come the progress made by Albania, Croatia, countries’ aspirations to membership, with- foreign ministers of Albania, Bulgaria, Esto- and the former Yugoslav Republic of Mac- out prejudice to any eventual Alliance deci- nia, Latvia, Lithuania, the Republic of Mac- edonia (1) in implementing their Annual Na- sion. We reaffirm the importance of the edonia (FYROM), Romania, Slovakia, and tional Programmes under the Membership NATO–Ukraine Distinctive Partnership,

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7668 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 which has its 10th anniversary next year and (1) ALBANIA.—The Republic of Albania is b 1915 welcome the progress that has been made in designated as eligible to receive assistance the framework of our Intensified Dialogue. under the program established under section REPORT ON RESOLUTION PRO- We appreciate Ukraine’s substantial con- 203(a) of the NATO Participation Act of 1994 VIDING FOR CONSIDERATION OF tributions to our common security, includ- (title II of Public Law 103–447; 22 U.S.C. 1928 H.R. 835, HAWAIIAN HOMEOWNER- ing through participation in NATO-led oper- note), and shall be deemed to have been so SHIP OPPORTUNITY ACT OF 2007 ations and efforts to promote regional co- designated pursuant to section 203(d)(1) of operation. We encourage Ukraine to con- such Act. Ms. CASTOR, from the Committee on tinue to contribute to regional security. We (2) CROATIA.—The Republic of Croatia is Rules, submitted a privileged report are determined to continue to assist, designated as eligible to receive assistance (Rept. No. 110–73) on the resolution (H. through practical cooperation, in the imple- under the program established under section Res. 269) providing for consideration of mentation of far-reaching reform efforts, no- 203(a) of the NATO Participation Act of 1994, the bill (H.R. 835) to reauthorize the tably in the fields of national security, and shall be deemed to have been so des- programs of the Department of Hous- defence, reform of the defence-industrial sec- ignated pursuant to section 203(d)(1) of such ing and Urban Development for hous- tor and fighting corruption. We welcome the Act. ing assistance for Native Hawaiians, commencement of an Intensified Dialogue (3) GEORGIA.—Georgia is designated as eli- with Georgia as well as Georgia’s contribu- gible to receive assistance under the pro- which was referred to the House Cal- tion to international peacekeeping and secu- gram established under section 203(a) of the endar and ordered to be printed. rity operations. We will continue to engage NATO Participation Act of 1994, and shall be f actively with Georgia in support of its re- deemed to have been so designated pursuant form process. We encourage Georgia to con- to section 203(d)(1) of such Act. REPORT ON RESOLUTION PRO- tinue progress on political, economic and (4) MACEDONIA (FYROM).—The Republic of VIDING FOR CONSIDERATION OF military reforms, including strengthening Macedonia (FYROM) is designated as eligible H.R. 1401, RAIL AND PUBLIC judicial reform, as well as the peaceful reso- to receive assistance under the program es- TRANSPORTATION SECURITY lution of outstanding conflicts on its terri- tablished under section 203(a) of the NATO ACT OF 2007 tory. We reaffirm that it is of great impor- Participation Act of 1994, and shall be tance that all parties in the region should deemed to have been so designated pursuant Ms. CASTOR, from the Committee on engage constructively to promote regional to section 203(d)(1) of such Act. Rules, submitted a privileged report peace and stability.’’. (5) UKRAINE.—Ukraine is designated as eli- (Rept. No. 110–74) on the resolution (H. (22) Contingent upon their continued im- gible to receive assistance under the pro- Res. 270) providing for consideration of plementation of democratic, defense, and gram established under section 203(a) of the the bill (H.R. 1401) to improve the secu- economic reform, and their willingness and NATO Participation Act of 1994, and shall be rity of railroads, public transportation, ability to meet the responsibilities of mem- deemed to have been so designated pursuant and over-the-road buses in the United bership in the North Atlantic Treaty Organi- to section 203(d)(1) of such Act. States, and for other purposes, which zation and a clear expression of national in- (b) RULE OF CONSTRUCTION.—The designa- tent to do so, Congress calls for the timely was referred to the House Calendar and tion of the Republic of Albania, the Republic ordered to be printed. admission of Albania, Croatia, Georgia, Mac- of Croatia, Georgia, the Republic of Mac- edonia (FYROM), and Ukraine to the North edonia (FYROM), and Ukraine pursuant to f Atlantic Treaty Organization to promote se- subsection (a) as eligible to receive assist- PROTECT IMPORTANT TAX RELIEF curity and stability in Europe. ance under the program established under SEC. 3. DECLARATIONS OF POLICY. section 203(a) of the NATO Participation Act (Ms. GINNY BROWN-WAITE of Flor- Congress— of 1994— ida asked and was given permission to (1) reaffirms its previous expressions of (1) is in addition to the designation of Po- address the House for 1 minute.) support for continued enlargement of the land, Hungary, the Czech Republic, and Slo- Ms. GINNY BROWN-WAITE of Flor- North Atlantic Treaty Organization con- venia pursuant to section 606 of the NATO ida. Madam Speaker, I rise today to ex- tained in the NATO Participation Act of Enlargement Facilitation Act of 1996 (title 1994, the NATO Enlargement Facilitation VI of section 101(c) of title I of division A of press my concern that the Democrats Act of 1996, the European Security Act of Public Law 104–208; 22 U.S.C. 1928 note), the will not extend tax measures critical to 1998, and the Gerald B. H. Solomon Freedom designation of Romania, Estonia, Latvia, the American people. Residents in my Consolidation Act of 2002; Lithuania, and Bulgaria pursuant to section own State are at risk. Floridians cur- (2) supports the commitment to further en- 2703(b) of the European Security Act of 1998 rently can deduct their sales tax from largement of the North Atlantic Treaty Or- (title XXVII of division G of Public Law 105– the Federal income tax. However, this ganization to include European democracies 277; 22 U.S.C. 1928 note), and the designation deduction expires this year. that are able and willing to meet the respon- of Slovakia pursuant to section 4(a) of the As Democrats set their agenda for sibilities of Membership, as expressed by the Gerald B. H. Solomon Freedom Consolida- Alliance in its Madrid Summit Declaration tion Act of 2002 (Public Law 107–187; 22 U.S.C. the coming year, there is talk of offset- of 1997, its Washington Summit Communique´ 1928 note) as eligible to receive assistance ting increases in Federal spending by of 1999, its Prague Summit Declaration of under the program established under section raising taxes for millions of Ameri- 2002, its Istanbul Summit Communique´ of 203(a) of the NATO Participation Act of 1994; cans. Quite frankly, I worry that the 2004, and its Riga Summit Declaration of and use of this provision will be to pay for 2006; and (2) shall not preclude the designation by additional spending. Constituents don’t (3) endorses the vision of further enlarge- the President of other countries pursuant to want additional taxes. They want us to ment of the North Atlantic Treaty Organiza- section 203(d)(2) of the NATO Participation be more conservative in spending. tion articulated by President George W. Act of 1994 as eligible to receive assistance Bush on June 15, 2001, and by former Presi- under the program established under section Listen up, America. Congress needs dent William J. Clinton on October 22, 1996, 203(a) of such Act. to be sure that taxpayers do not face and urges our allies in the North Atlantic unnecessary tax increases. I appeal to Treaty Organization to work with the United SEC. 5. AUTHORIZATION OF SECURITY ASSIST- my colleagues on both sides of the aisle ANCE FOR COUNTRIES DESIGNATED States to realize a role for the North Atlan- UNDER THE NATO PARTICIPATION to ensure that our constituents are tic Treaty Organization in promoting global ACT OF 1994. able to keep more of their hard-earned security, including continued support for en- money. largement to include qualified candidate Of the amounts made available for fiscal states, specifically by entering into a Mem- year 2008 under section 23 of the Arms Export f bership Action Plan with Georgia and recog- Control Act (22 U.S.C. 2763) such sums as may be necessary are authorized to be appro- GRANDMOTHER AND THE nizing the progress toward meeting the re- ATTORNEY GENERAL sponsibilities and obligations of NATO mem- priated for assistance to the Republic of Al- bership by Albania, Croatia, Georgia, Mac- bania, the Republic of Croatia, Georgia, the (Mr. POE asked and was given per- edonia (FYROM), and Ukraine. Republic of Macedonia (FYROM), and mission to address the House for 1 Ukraine. SEC. 4. DESIGNATION OF ALBANIA, CROATIA, minute.) GEORGIA, MACEDONIA (FYROM), The Senate bill was ordered to be Mr. POE. Madam Speaker, the U.S. AND UKRAINE AS ELIGIBLE TO RE- CEIVE ASSISTANCE UNDER THE read a third time, was read the third Attorney General, Alberto Gonzales, is NATO PARTICIPATION ACT OF 1994. time, and passed, and a motion to re- the chief law enforcement officer in (a) DESIGNATION.— consider was laid on the table. this Nation. He is the most powerful

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7669 prosecutor in America. As such, his SPECIAL ORDERS subcommittee, except that a full majority of credibility is based on his word. He the Members of the Committee or Sub- The SPEAKER pro tempore (Ms. committee shall constitute a quorum for must never deceive, mislead or mis- WATSON). Under the Speaker’s an- state. purposes of reporting a measure or rec- nounced policy of January 18, 2007, and ommendation from the Committee or Sub- There have been two different ac- under a previous order of the House, committee, closing a meeting to the public, counts by his office about the firings of the following Members will be recog- or authorizing the issuance of a subpoena. some U.S. Attorneys. Gonzalez says he nized for 5 minutes each. (h)(1) Subject to subparagraph (2), the never has discussed the firings, but se- Chairman may postpone further proceedings f cret memos show a meeting to discuss when a record vote is ordered on the ques- such was held in his very office where PUBLICATION OF THE RULES OF tion of approving any measure or matter or he was present. Both statements can- THE COMMITTEE ON THE JUDICI- adopting an amendment. The Chairman may ARY, 110TH CONGRESS resume proceedings on a postponed request not be true. His word is tarnished. at any time. The issue is not whether the adminis- The SPEAKER pro tempore. Under a (2) In exercising postponement authority tration can fire U.S. Attorneys. It can previous order of the House, the gen- under subparagraph (1), the Chairman shall do so for almost any reason under the tleman from Michigan (Mr. CONYERS) is take all reasonable steps necessary to notify law. recognized for 5 minutes. Members on the resumption of proceedings Madam Speaker, growing up, my Mr. CONYERS. Madam Speaker, in accord- on any postponed record vote. grandmother was the Chief Law En- (3) When proceedings resume on a post- ance with clause 2(a) of rule XI of the Rules poned question, notwithstanding any inter- forcement Officer. Her word was the of the House of Representatives, I respectfully vening order for the previous question, an law. I never doubted what she said. I submit the rules of the Committee on the Judi- underlying proposition shall remain subject respected her because she was always ciary for printing in the CONGRESSIONAL to further debate or amendment to the same bluntly truthful. If she had told me it RECORD. The Committee on the Judiciary extent as when the question was postponed. was raining in my house, I would have adopted these rules by voice vote, a quorum (i) Transcripts of markups shall be re- rushed home and started putting plas- being present, at our organizational meeting corded and may be published in the same tic over the furniture, because she on January 24, 2007. manner as hearings before the Committee. never misled or misstated the truth. (j) Without further action of the Com- COMMITTEE ON THE JUDICIARY, RULES OF PRO- mittee, the Chairman is directed to offer a This Nation deserves better than to CEDURE, ONE HUNDRED TENTH CONGRESS, motion under clause 1 of rule XXII of the have an Attorney General who cannot ADOPTED JANUARY 24, 2007 Rules of the House of Representatives when- be forthright with Congress and mis- Rule I. The Rules of the House of Rep- ever the Chairman considers it appropriate. leads the citizens he has been sworn to resentatives are the rules of the Committee RULE III. HEARINGS on the Judiciary and its Subcommittees with protect. He has a credibility issue. His (a) The Committee Chairman or any Sub- the following specific additions thereto. word should be as bluntly truthful as committee chairman shall make public an- my grandmother’s. RULE II. COMMITTEE MEETINGS nouncement of the date, place, and subject And that’s just the way it is. (a) The regular meeting day of the Com- matter of any hearing to be conducted by it mittee on the Judiciary for the conduct of on any measure or matter at least one week its business shall be on Wednesday of each before the commencement of that hearing. If f week while the House is in session. the Chairman of the Committee, or Sub- (b) Additional meetings may be called by committee, with the concurrence of the AMERICA MUST BECOME ENERGY the Chairman and a regular meeting of the Ranking Minority Member, determines there INDEPENDENT Committee may be dispensed with when, in is good cause to begin the hearing sooner, or the judgment of the Chairman, there is no if the Committee or Subcommittee so deter- (Mr. KINGSTON asked and was given need therefor. mines by majority vote, a quorum being permission to address the House for 1 (c) At least 24 hours (excluding Saturdays, present for the transaction of business, the minute.) Sundays and legal holidays when the House Chairman or Subcommittee chairman shall Mr. KINGSTON. Madam Speaker, in is not in session) before each scheduled Com- make the announcement at the earliest pos- 2004, the United States of America mittee or Subcommittee meeting, each sible date. spent $103 billion buying oil from non- Member of the Committee or Subcommittee (b) Committee and Subcommittee hearings democratic countries, such countries shall be furnished a list of the bill(s) and sub- shall be open to the public except when the as Venezuela, as Iran, as Russia, and ject(s) to be considered and/or acted upon at Committee or Subcommittee determines by the meeting. Bills or subjects not listed shall majority vote to close the meeting because even ones who are our allies like Saudi be subject to a point of order unless their disclosure of matters to be considered would Arabia, where some of that money consideration is agreed to by a two-thirds endanger national security, would com- finds its way into the hands of terrorist vote of the Committee or Subcommittee. promise sensitive law enforcement infor- groups. (d) In an emergency that does not reason- mation, or would tend to defame, degrade or We are funding both sides in the war ably allow for 24 hours’ notice, the Chairman incriminate any person or otherwise would on terrorism. It is a national security may waive the 24-hour notice requirement violate any law or rule of the House. issue. We have to get off Middle East with the agreement of the Ranking Minority (c) For purposes of taking testimony and Member. receiving evidence before the Committee or oil, and we need to reduce our oil de- (e) Committee and Subcommittee meetings any Subcommittee, a quorum shall be con- pendency. We import 60 percent of our for the transaction of business, i.e. meetings stituted by the presence of two Members. oil today. other than those held for the purpose of tak- (d) In the course of any hearing each Mem- Congressman ELIOT ENGEL and I have ing testimony, shall be open to the public ex- ber shall be allowed five minutes for the in- introduced H.R. 670. The goal of it is to cept when the Committee or Subcommittee terrogation of a witness until such time as reduce our oil consumption by 20 per- determines by majority vote to close the each Member who so desires has had an op- cent in 20 years. It has overwhelming meeting because disclosure of matters to be portunity to question the witness. bipartisan support, both in the House considered would endanger national security, (e) The transcripts of those hearings con- would compromise sensitive law enforcement ducted by the Committee which are decided and the Senate. information, or would tend to defame, de- to be printed shall be published in verbatim Now, if you don’t buy that, there is grade or incriminate any person or otherwise form, with the material requested for the another reason to focus on this, and it would violate any law or rule of the House. record inserted at that place requested, or at has to do with your pocketbook. Just (f) Every motion made to the Committee the end of the record, as appropriate. Indi- think about the flexibility that we and entertained by the Chairman shall be re- viduals, including Members of Congress, have out there in fuel choices, from duced to writing upon demand of any Mem- whose comments are to be published as part ethanol to biodiesel to battery oper- ber, and a copy made available to each Mem- of a Committee document shall be given the ated cars. ber present. opportunity to verify the accuracy of the (g) For purposes of taking any action at a transcription in advance of publication. Any Madam Speaker, we need to move in meeting of the full Committee or any Sub- requests by those Members, staff or wit- this direction. I recommend H.R. 670 to committee thereof, a quorum shall be con- nesses to correct any errors other than er- my colleagues and hope they will co- stituted by the presence of not less than one- rors in the transcription, or disputed errors sponsor it with me. third of the Members of the Committee or in transcription, shall be appended to the

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7670 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 record, and the appropriate place where the chairmen shall set dates for hearings and Colombia, Peru, Panama, South Korea change is requested will be footnoted. Prior meetings of their respective Subcommittees and other countries. to approval by the Chairman of hearings con- after consultation with the Chairman and Congress must continue to press the ducted jointly with another congressional other Subcommittee chairmen with a view administration to change its trade Committee, a memorandum of under- toward avoiding simultaneous scheduling of standing shall be prepared which incor- full Committee and Subcommittee meetings policies and provide specific, construc- porates an agreement for the publication of or hearings whenever possible. tive suggestions to advance the goals the verbatim transcript. RULE VII. NON-LEGISLATIVE REPORTS of our workers and our economy. RULE IV. BROADCASTING No report of the Committee or Sub- Unfortunately, the Bush administra- Whenever a hearing or meeting conducted committee which does not accompany a tion doesn’t act as though it believes by the Committee or any Subcommittee is measure or matter for consideration by the that Congress should have a real say in open to the public, those proceedings shall be House shall be published unless all Members trade negotiations. One example, open to coverage by television, radio and of the Committee or Subcommittee issuing though it is certainly not the only one, still photography except when the hearing or the report shall have been apprised of such is the matter of allowing access to life- meeting is closed pursuant to the Committee report and given the opportunity to give no- saving medications. Rules of Procedure. tice of intention to file supplemental, addi- Congress has passed legislation di- RULE V. STANDING SUBCOMMITTEES tional, or dissenting views as part of the re- port. In no case shall the time in which to recting the administration to respect (a) The full Committee shall have jurisdic- the Doha Declaration, an agreement tion over the following subject matters: anti- file such views be less than three calendar days (excluding Saturdays, Sundays and that allows countries flexibility under trust law, tort liability, including medical WTO rules to provide for public health. malpractice and product liability, legal re- legal holidays when the House is not in ses- form generally, and such other matters as sion). Although the administration signed determined by the Chairman. RULE VIII. COMMITTEE RECORDS the Doha Declaration, USTR has com- (b) There shall be five standing Sub- The records of the Committee at the Na- pletely ignored Congress’ directive to committees of the Committee on the Judici- tional Archives and Records Administration respect it. ary, with jurisdictions as follows: shall be made available for public use ac- Every trade pact negotiated since (1) Subcommittee on Courts, the Internet, cording to the Rules of the House. The Chair- 2002 has contained stringent intellec- and Intellectual Property: copyright, patent man shall notify the Ranking Minority tual property rules sought by the and trademark law, information technology, Member of any decision to withhold a record major drug companies. By keeping administration of U.S. courts, Federal Rules otherwise available, and the matter shall be of Evidence, Civil and Appellate Procedure, presented to the Committee for a determina- medicine prices high, these rules in- judicial ethics, other appropriate matters as tion on the written request of any Member of crease industry profits but restrict ac- referred by the Chairman, and relevant over- the Committee. cess to needed medicines for citizens in sight. RULE IX. OFFICIAL COMMITTEE WEBSITE developing countries. Even in current (2) Subcommittee on the Constitution, The Chairman shall maintain an official free trade negotiations, USTR con- Civil Rights, and Civil Liberties: constitu- website on behalf of the Committee for the tinues to ignore the will of Congress to tional amendments, constitutional rights, purpose of furthering the Committee’s legis- respect the Doha Declaration. federal civil rights laws, ethics in govern- lative and oversight responsibilities, includ- ment, other appropriate matters as referred That is why a new framework for ing communicating information about the by the Chairman, and relevant oversight. trade must include a stronger role for (3) Subcommittee on Commercial and Ad- Committee’s activities to Committee Mem- Congress. The current model of non- ministrative Law: bankruptcy and commer- bers and other Members of the House. The binding negotiating objectives permits Ranking Member is authorized to maintain a cial law, bankruptcy judgeships, administra- the President to ignore the wishes of tive law, independent counsel, state taxation similar official website on behalf of the Com- mittee Minority for the same purpose, in- this Congress. affecting interstate commerce, interstate It is no surprise that the administra- compacts, other appropriate matters as re- cluding communicating information about ferred by the Chairman, and relevant over- the activities of the Minority to Committee tion has favored large corporate inter- sight. Members and other Members of the House. ests at the expense of American work- (4) Subcommittee on Crime, Terrorism, f ers, the environment and global health. and Homeland Security: Federal Criminal THE NEED FOR FAIR TRADE But it is wrong. However, our new ma- Code, drug enforcement, sentencing, parole POLICIES jority in Congress will respond to and pardons, terrorism, internal and home- workers who have been hurt by pre- land security, Federal Rules of Criminal Pro- The SPEAKER pro tempore. Under a vious trade agreements. After all, trade cedure, prisons, criminal law enforcement, previous order of the House, the gen- agreements have affected my home other appropriate matters as referred by the tleman from Maine (Mr. ALLEN) is rec- State of Maine’s manufacturing, farm- Chairman, and relevant oversight. ognized for 5 minutes. (5) Subcommittee on Immigration, Citizen- ing and service sectors. ship, Refugees, Border Security, and Inter- Mr. ALLEN. Madam Speaker, I rise Soon Congress may be asked to con- national Law: immigration and naturaliza- today to express my opposition to sider renewing fast track authority. I tion, border security, admission of refugees, trade policies that are unfair to Amer- voted against the Trade Act of 2002, treaties, conventions and international ican workers. which granted fast track authority to agreements, claims against the United Congress must insist on a new model the President. I urge my colleagues to States, federal charters of incorporation, pri- for trade that makes American work- reject renewal of fast track in its cur- vate immigration and claims bills, non-bor- ers the top priority. Trade agreements rent form. It is vital that Congress con- der enforcement, other appropriate matters must also take into account protec- as referred by the Chairman, and relevant tinue to press for change, firmly and oversight. tions for the environment and ensure constructively. (c) The Chairman of the Committee and access to life-saving medicines. Ranking Minority Member thereof shall be Developing trade agreements that f ex officio Members, but not voting Members, take these priorities into account will of each Subcommittee to which such Chair- be difficult, but we must not rush into INJUSTICE AGAINST FORMER U.S. man or Ranking Minority Member has not obligations which will ultimately harm BORDER PATROL AGENTS been assigned by resolution of the Com- our own interests, and we must reject RAMOS AND COMPEAN CON- mittee. Ex officio Members shall not be the false choice between expanding our TINUES counted as present for purposes of consti- tuting a quorum at any hearing or meeting trade opportunities and fairness to U.S. The SPEAKER pro tempore. Under a of such Subcommittee. workers. previous order of the House, the gen- It is simply wrong to follow the old tleman from North Carolina (Mr. RULE VI. POWERS AND DUTIES OF SUBCOMMITTEES model that we know hurts the liveli- JONES) is recognized for 5 minutes. Each Subcommittee is authorized to meet, hoods of so many of our constituents. Mr. JONES of North Carolina. hold hearings, receive evidence, and report That is why Democrats are pushing for Madam Speaker, today is the 69th day to the full Committee on all matters referred new priorities in the trade deals that since a great injustice took place in to it or under its jurisdiction. Subcommittee the administration is negotiating with this country. On January 17, 2007, two

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These agents never the fourth anniversary of the invasion health care for U.S. veterans of mili- should have been prosecuted. The U.S. of Iraq, several new polls looking at tary operations in Iraq and other con- Attorney’s Office prosecuted the agents the opinions of the Iraqi people were flicts. It is the least we can do. It is the and granted immunity to the drug released. It is important that we heed very least we can do to show the grati- smuggler, who claimed he was un- this call and that we listen to their tude of a grateful Nation. armed. The illegal drug smuggler re- choices, because it has been 4 years. H.R. 508 will fulfill our commitment ceived full medical care in El Paso, Some frightening stories were illumi- to our Nation’s brave troops and to the Texas, was permitted to return to Mex- nated by the new polls. For example, Iraqi people. The polls here and the ico, and is suing the Border Patrol for one in four Iraqi adults have had a fam- polls in Iraq are clear: it is time to $5 million for violating his civil rights. ily relative murdered in the last 3 bring our troops home. Madam Speaker, he is not an Amer- years, while 23 percent of those living To those who are watching and won- ican citizen. He is a criminal. in Baghdad have had a family relative dering about the future of our Iraq pol- Madam Speaker, it is ironic that one kidnapped in the last 3 years. icy, I say I will not stop, I will not rest, of the Federal prosecutors dismissed by and I will not back down in my fight the Justice Department, who never b 1930 until every single last soldier and ma- should have been terminated, was criti- More than half of Iraqis have a close rine is home safe with his or her fam- cized for not doing more to try cases of friend or relative who has been hurt or ily. illegal immigration. Yet we have a killed in the current violence. One in f Federal prosecutor in western Texas, six say someone in their own household Johnny Sutton, who, instead of pros- has been harmed. Eighty-six percent PRIVATE CLARENCE SPENCER ecuting an illegal alien, who was also a worry about a loved one being hurt, AND SERGEANT FIRST CLASS known drug smuggler, decided to give two-thirds worry deeply. Huge numbers ALLEN MOSTEIRO immunity to the illegal alien drug limit their daily activities to minimize The SPEAKER pro tempore. Under a smuggler and prosecuted the two His- risk. Seven in 10 report multiple signs previous order of the House, the gentle- panic-American border agents who of traumatic stress. The number of woman from Texas (Ms. GRANGER) is tried to apprehend the smuggler. Iraqis who describe their lives as good recognized for 5 minutes. Madam Speaker, this makes abso- has dropped from 71 percent 3 years ago Ms. GRANGER. Madam Speaker, I lutely no sense. Johnny Sutton also to under 40 percent today. rise today to honor one of the bravest prosecuted another law enforcement This is shameful, Madam Speaker. and most dedicated young heroes of agent, Deputy Sheriff Gilmer Her- Every day the evidence against Presi- north Texas and of our Nation. nandez. Hernandez was recently sen- dent Bush’s so-called war plan mounts. Army Private Clarence Spencer was tenced to a year in jail for shooting the It makes one wonder if there is even a killed in Bilad, Iraq while fighting tires of a car transporting illegal aliens plan at all. How much of the Bush Iraq against enemy forces in one of the after the driver attempted to escape a policy has been forced on the Iraqi peo- most important conflicts our Nation routine traffic stop by aiming the vehi- ple? How much real involvement have has ever engaged in. Clarence Spencer cle at the deputy. Hernandez was the Iraqi people had in deciding the fu- gallantly and selflessly gave his life for charged with violating the civil rights ture of their own country. How are the his country while fighting alongside of one of the passengers, an illegal Bush policies affecting Iraqi families? his fellow soldiers of the 1st Cavalry Mexican national, who was struck in I voted against the authorization to Division of Fort Hood, Texas. the lip by bullet or metal fragments. go to war. And Madam Speaker, I say Private Spencer is survived by his Citizens across this country and to my colleagues, whether they voted mother and son and his loving wife, many of us in Congress want to know ‘‘yes’’ or ‘‘no,’’ now is the time to make Army Private Charlotte Spencer, who why does the U.S. Attorney’s Office in a change in direction. Let us empower has also devoted herself to our Nation’s western Texas choose to go after law the Iraqi people; let us restore their noble military profession. enforcement officers while protecting sovereignty. Clarence Spencer served three tours the illegal aliens who commit crimes? Last week, I had the opportunity to in Iraq, two of which were as a marine. The President has the power to im- testify before the Foreign Affairs Com- Wounded in Iraq on a previous tour, he mediately reverse this injustice by mittee about my legislation, H.R. 508, demonstrated tremendous courage by granting a pardon to these two men, the Bring the Troops Home and Res- deploying into harm’s way once again. who were doing their jobs to protect toration of Iraq Sovereignty bill. This Private Clarence Spencer is gone, but the American people. But, so far, the bill is a comprehensive proposal. It has he will never be forgotten. His memory President has refused to stand up for 49 cosponsors, and it will end the occu- lives in our hearts, and America is justice in this case. pation of Iraq within 6 months of en- eternally grateful for his spirit and his Madam Speaker, I hope the White actment. It will accelerate the training dedication. House will agree with many of us in and equipping of Iraqi military and se- As Clarence’s Dunbar High School Congress who believe Mr. Sutton’s ac- curity forces, preparing the Iraqis to football coach said about Clarence, ‘‘I tions in prosecuting these agents raises take over their own security after U.S. have coached faster, stronger and more serious questions and need to be inves- troops and contractors leave at the end talented students, but I’ve never tigated. of the 6 months. It will fully fund the coached anyone I was more proud of.’’ I thank House Judiciary Chairman health care commitment to our return- That is precisely the way that the Fort JOHN CONYERS and his staff for their in- ing veterans. It will make veterans Worth community and our Nation feel terest in this situation involving the health care an entitlement, something about soldiers such as Private Clarence two border agents, who should have they deserve because, for heavens Spencer, a true American hero. been commended instead of indicted. I sakes, they have done so much for us. Madam Speaker, I also rise to honor am hopeful that the House, under the Additionally, the legislation revokes a second hero of the Fort Worth com- leadership of JOHN CONYERS, will soon the President’s Iraq war powers, it pre- munity and of our Nation. A graduate hold hearings to look into this injus- vents establishment of permanent of Fort Worth’s Eastern Hills High tice. bases in Iraq, and it returns the oil School, Sergeant First Class Allan

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More than 2,000 labor as a result of wounds he received dur- Maine. unionists murdered since 1990, with 60 ing a fire fight against enemy forces in When I ran for Congress, I told the assassinated in 2006 alone, one per Taji, Iraq on February 13, 2007. people of the State of Maine I would week. Until the Colombian Govern- Sergeant Mosteiro is survived by his fight for them, for their jobs and for ment changes this abominable situa- loving wife, son, parents, one brother their families every single day. tion, the United States should not offer and three sisters. Mainers know that these trade deals any enhanced trade relations to Colom- The American people recognize their have left them behind. You can go al- bia. sacrifice and honor the Mosteiro fam- most anywhere in my district and find And then let me touch on the biggest ily’s patriotism. As a career soldier and an abandoned mill or a vacant factory. issue of them all: fast track. Fast track senior noncommissioned officer, Ser- They are painful reminders of what was delegates away Congress’ constitu- geant Mosteiro’s leadership was instru- and is no longer to be. Their jobs have tional authority. It undermines our mental in developing younger soldiers, been outsourced to countries that pay right to have a say in what goes on in and he did not take his responsibility slave wages. How can we compete when these trade deals. We must replace this lightly. A veteran of Operation Desert our own workforce has been left be- outdated, failed trade negotiating sys- Storm and of the current war, Allan hind? tem. Mosteiro dedicated his life to securing The election results proved that the the freedoms that all Americans so Over 3 million American manufac- American public is sick and tired of turing jobs, one out of every six manu- rightfully cherish. their jobs being outsourced. They want Sergeant First Class Allan Mosteiro facturing jobs, have been lost during a Congress that fights for our workers the fast track era. Before fast track, is gone, but he will never be forgotten. and businesses. They want this country His memory lives on through the won- we had balanced trade. The United to move in a new direction. They want States trade deficit has exploded as im- derful family that he left behind and this Congress to move in a new direc- the dedicated soldiers he so ably led. ports surged. The worldwide gulf be- tion. tween the rich and the poor has wid- f I will be the first to say that I am ened since fast track. MESSAGE FROM THE SENATE concerned when I am hearing from my I could go on and on and on about A message from the Senate by Ms. fellow colleagues that we can’t cut side fast track. Fast track has put us on the Curtis, one of its clerks, announced deals on trade agreements. Some say wrong track, and it is time to turn it that the Senate has passed without maybe we can make a few concessions around. Any acceptable version of fast amendment concurrent resolutions of on both sides and a deal is cut. The track must include the bare minimum the House of the following titles: American workforce is sick of these of some of the following: trade deals, these side deals being cut. H. Con. Res. 44. Concurrent resolution hon- It would restore Congress’ right to They don’t want more trade adjust- oring and praising the National Association decide which countries it is in our na- ment assistance; they want their jobs. for the Advancement of Colored People on tional interest to negotiate new agree- the occasion of its 98th anniversary. Some say that the pending free trade H. Con. Res. 66. Concurrent resolution per- agreements, that we should do a side ments. It would set mandatory require- mitting the use of the Rotunda of the Cap- letter to appease labor, or maybe a ments for what must and must not be itol for a ceremony as part of the commemo- couple tiny provisions that fix the en- in every agreement, including core ration of the days of remembrance of victims labor and environmental standards. It of the Holocaust. vironment. My mom always told me, you can’t fix what’s broken. Our trade would require Congress to vote on a The message also announced that policies are broken. trade agreement content before it can pursuant to Public Law 100–696, the It is time to start from the ground be signed, and it would not allow for Chair, on behalf of the President pro up. It is time to renegotiate the Peru, secretive negotiations. A new negoti- tempore, appoints the following Sen- the Colombia and the Panama Free ating system must include more over- ators as members of the United States Trade Agreements. With the TPA dead- sight on how past agreements are actu- Capitol Preservation commission: lines quickly approaching, we cannot ally working. It would reinstate our The Senator from Illinois (Mr. DUR- rush something through. The American system of checks and balances. BIN). I am pleased that some of my col- The Senator from Louisiana (Ms. public deserves to have the new major- ity renegotiate these trade deals. leagues are here this evening to join LANDRIEU). This election sent a strong message. me in this trade discussion, and I look The message also announced that forward to their remarks. I would like pursuant to Public Law 100–696, the It is to change course in what the Bush administration has done with our to thank them for their leadership as Chair, on behalf of the Republican well in this area. Leader, announced the appointment of failed trade policies. There is no quick I now would like to introduce Con- the Senator from Colorado (Mr. AL- fix to this solution, not when these gressman PHIL HARE, a newly elected LARD) as a member of the United agreements are based on a flawed freshman from Illinois, to be the next States Capitol Preservation Commis- model. These agreements compromise speaker. PHIL knows firsthand about sion. our port security, they privatize Social Security, they threaten our intellec- how these trade agreements affect our f tual property rights, they undermine manufacturing industries. Prior to FAILED TRADE POLICY States’ rights, and they infringe on ac- working for Congressman Lane Evans, The SPEAKER pro tempore. Under cess to medicines. PHIL’s first job was at the Seaford the Speaker’s announced policy of Jan- I strongly agree with Chairman Clothing Factory in Rock Island. Dur- uary 18, 2007, the gentleman from LEVIN that we need to address these ing the 13 years, he cut linen for men’s Maine (Mr. MICHAUD) is recognized for issues, and we need to do it now. Non- suits there. 60 minutes as the designee of the ma- binding side letters are not good PHIL served as a union leader and as jority leader. enough. the president of Unite Here Local 617. Mr. MICHAUD. Thank you very Regarding the Colombia Free Trade As district director for then-Congress- much, Madam Speaker. Agreement, there is no fix that can man Lane Evans, PHIL HARE fought for I rise with my colleagues here this make this agreement acceptable. It is the working men and women in his dis- evening to talk about our failed trade highly offensive that the Bush adminis- trict. PHIL is a leader among the fresh- policy. tration even initiated negotiations man class on trade issues.

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PHIL, I want to thank you for your had a 2-year program; and they said, up for an industry that has been hit, or tremendous leadership on this very im- well, maybe she should just try being a dumping its steel. It goes on and on. portant issue that affects men and cosmetologist instead. I don’t want to use up the whole women throughout the United States. I When you take a look at the way we hour, but if the gentleman would just yield to the good gentleman. do this and the way we treat our work- let me conclude by saying this. I would like to ask some of our folks on the b 1945 ers, I said today this is a moral issue that I think we in this Congress have. other side that call me a protectionist, Mr. HARE. I thank the gentleman I support trade. I will always support and I looked in the dictionary, and I from Maine, and I also want to just trade. I know our country needs it. But think that means you are trying to commend you for your leadership on I ask, at what price? And I want to protect something, and I am, and I this whole issue of trade. know why is it that this President feels know we are. We are trying to protect When I first came to this body, I he doesn’t have to basically come to a basic fundamental right for people to campaigned on the sole issue of trade; Congress for anything, as you know, have a decent-paying job. and they said there are a couple of peo- but particularly when it comes to the You know, these aren’t CEOs. These ple you need to look up right away. I trade issue. He can outsource it, he can are ordinary people who want to put needed to look up Representative fast track, and he can do whatever he their kids through school, have health MARCY KAPTUR and MIKE MICHAUD for wants to do, and there is no congres- care. They want to be able to work, standing up for ordinary people. sional accountability, no oversight. We and work very hard, and be able to re- With all due respect to the President, are left with a package we can’t even tire and not have to worry about it. I don’t consider this fast track legisla- vote up or down half the time because I am not going to stop on this issue, tion; it is wrong track legislation. I am he has the secret back-door deals. and I again applaud the gentleman a card-carrying capitalist, and I have I, for one, as a freshman am tired. I from Maine for courage that he has. said this many, many times. But I am tired of going back to my district And I will promise you this, that I have came out of an industry, the clothing and seeing people like Dave Bevard and said many times: I don’t know how and textile industry. But, for the life of his wife who, by the way, has cancer. long I am going to be in this body, but me, I don’t understand, this President He is going to lose his health care. as long as I am I am going to continue just doesn’t seem to get it. We keep And I ask a question very simply of to come to this floor, I am going to losing good-paying jobs overseas, and this administration and for those on continue to talk about those lost jobs for the life of me we are one of the few the other side of the aisle and maybe and say we have to start thinking dif- countries I know that actually sub- some within my own party who think ferently than we have before. We have an obligation, and our obli- sidize our manufacturers for going that this is the way to go. I want you gation is to stand up for ordinary peo- overseas, if you look at the east coast to come to Gifford, and I want you to ple. That is what I have always been and look what happened in your area see what is left of that Maytag plant, about. And I think the basic job of a from Maine all the way down and you and I want you to see the people whose Member of Congress, when you really look what happened in the Midwest lives have been affected by this and the get down to it, after all is said and with Maytag. lack of health care. done, is all of us are here to do the best Today I sat and I listened to a person Their prescription programs that we can to help ordinary people out, to from my district, Dave Bevard, who they had, now they have lost their pre- make their lives better, not com- worked at the Maytag plant. He had 32 scription drug program that they had, years in and his wife had 30, 62 years plicated. it equals for some of them their pre- So to my friends on the other side between the both of them. Here, these scriptions per month, the pension that that might think I am off base, I am workers gave up two wage concessions, they receive. Now, they don’t even get not going to support fast track. I will if you can believe that, to keep this a pension, they have no health care, vote against it. I am not going to have plant open, $24 million from our State and somebody is going to try to con- any part of outsourcing one more job of Illinois in tax breaks to this com- vince me that this trade deal is going from my district or from this country. pany; and at the end of the day they to work and that this was in the best I am going to stand up for workers, ended up moving to Sonora, Mexico. interest of our manufacturing base? whether they are from Illinois or The CEO of the company said, ‘‘I don’t Now I can’t in good conscience do Maine or Ohio or Florida or wherever care about the workers and the com- that. I think we had some interesting they are from, because we have a re- munity. I am here to make a dollar for hearings today, but, ultimately, we sponsibility to do it. It is the right my shareholders.’’ It didn’t matter have to be able to stand up. thing to do. about the health care and the pensions. And I agree with the gentleman from And, again, I just can’t thank you And Dave brought up today, you Maine. We had a directive I think this enough, Congressman, for taking the know, we have trade readjustment past election. I campaigned on this lead on this. You and Representative funds and things of that nature, but, as issue, as you know; and I campaigned KAPTUR have been great inspirations to the gentleman knows, by the time you very strongly about it. I said, look, I me as a freshman here and campaigned get them you have to decide between support trade, I support fair trade. So I on this issue of trade. your unemployment compensation and am a fair trader, and I think that is And, by the way, I would just say to whether you are going to be retrained. what we should all be. And I think we people listening, it is okay to run on Then they tell you, well, you should go have an obligation, as I said before, to things you believe in and lead with into a field that is growing, maybe like ask this administration but also ask of your heart and on the right issues, and health care. So he said, of the 2,500 peo- ourselves: Are we here to represent the every now and then the good guys do ple that lost their jobs at that plant, Dave Bevards of this country? Or are come out on top. So I thank the gen- 400 people tried the medical care, we here to represent the CEO that took tleman for allowing me to participate thinking they were going to get into the jobs to Sonora, Mexico? this evening and look forward to any medical care. Well, that worked great And they are going to keep doing it. questions or discussion you might for the schooling, but when it came to Every single day we read of another have. practical exercise to go in and be able small factory going. My clothing fac- Mr. MICHAUD. I thank you very to learn the trade and be able to do it, tory that I worked in was shut down, much, Congressman HARE. they only had room for 30 people. So, and now I hear that the remaining 350 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE 370 people are left out in the cold. people that were working there are The SPEAKER pro tempore (Ms. Another woman wanted to go hanging by a thread. Translation: In WATSON). All Members are reminded to through and wanted to get into about a year, that plant is going to go address their comments to the Chair. daycare and needed a 1-year program simply because nobody wants to have Mr. MICHAUD. I apologize, Madam at the community college. They only the initiative and the courage to stand Speaker.

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I would like to thank the gentleman the whole country, Champion spark man MICHAUD. There is no nation in for his kind remarks. It is I who ought plugs. the world that allows the assassination to thank you and the freshman class I took them to Japan in 1985, and I of their labor leaders more than Colom- for your leadership in this area. You said to Prime Minister Nakasone, bia. Why would we want to sign a free have actually brought forward a whole ‘‘Your companies aren’t buying from trade agreement with a country that new fresh discussion about trade and our premier companies.’’ Our trade def- isn’t free? Our cardinal rule ought to what it has done to this country. So I icit was beginning to really get bad be: Free trade among free people. really appreciate your leadership and back then, so I said, ‘‘So I would like When we look at what happened in look forward to continuing working to suggest that we give you these plugs Colombia recently, Chiquita brands, re- with you as we move forward in this for free for your manufacturers, and let member Chiquita Banana, which is area. them try them.’’ headquartered in my State of Ohio, has There is another Member I would like And we learned a lot about the just pleaded guilty to funding ter- to recognize, not a member of the keiratsu system of Japan and what a rorism in Colombia. Several what are freshman class, but this Member has closed system indeed it is and that called unidentified high-ranking cor- been a true advocate for fair trade. other companies couldn’t bid into that porate officers of a subsidiary of Congresswoman KAPTUR has been a tre- production and that these very tight Chiquita paid $1.7 million from 1997 mendous leader in this fair trade fight. buying chains exist globally. Japan has through 2004 to fund the United Self- MARCY came to Congress from a been eating our lunch in the auto- Defense Forces of Colombia, a group working-class background. Her family motive market for a very long time that our country says is a terrorist or- operated a small grocery where her now, but the Japanese market still re- ganization. And Chiquita also bribed mother worked, after serving on the mains closed, with less than 3 percent other groups inside of Colombia. original organizing committee of an of the cars on their streets from any- The company has now admitted to auto trade union at Champion Spark where else in the world. They didn’t this wrongdoing and agreed to pay $25 Plug. MARCY knows firsthand how even take Yugos or bugs, VW bugs. So million in fines. They said that the these unfair trade deals have affected that market is a closed market, and we money was paid to protect employees industry throughout her congressional began to see how difficult it was to en- from violent paramilitaries who fight district in Ohio and has been a key gage in trade with nations who truly over the banana plantations. I wouldn’t player in our trade working group in were protectionists. wish working on a Colombian banana the House. Congressman HARE talked about pro- plantation to any living human being. I really appreciate all the leadership tectionist countries. You can see pret- b 2000 and expertise that you have brought ty clearly which ones they are when forward on this issue, Congresswoman you look at what is on their shelves And yet we are about to sign a free KAPTUR. You have been a true leader, and what is on their streets. trade agreement under fast track that and you have been a mentor to me ever I am here tonight to say that I have we can’t amend and stand up for the since I got elected to Congress. So never supported fast track, because I dignity of people in Colombia. thank you, and I yield you such time as don’t believe Congress should ever let a We know that the Colombian worker you may consume. fast ball go through here that we don’t isn’t safe; yet the President evidently Ms. KAPTUR. Congressman MICHAUD, grab ahold of. And the problem is you thinks it is okay to sign an agreement thank you so much for bringing us to- can’t amend a trade agreement. So where there is no transparent justice gether tonight and for your great con- even if you want to, as happened when system, where bribes and protections tributions to this debate. That is prob- we debated NAFTA, I can’t remember a and murders are every-day occur- ably the major economic debate this more piercing debate in this Congress rences. Where are our values as a coun- Nation faces. It is a real pleasure to be other than votes on war. That NAFTA try? Why has it taken us almost 20 here with you this evening. I thank you debate was the most significant eco- years from 1985 to 1995 to 2005, now it is for yielding me some time. nomic debate we had here in 1993; and 2007, to bring this issue up? We had to And to Congressman PHIL HARE from at the time that we debated that, it have so many casualties in this coun- Illinois, who has just hit the ground was purposefully brought to the floor try. We tried 23 years ago so the hurt running here and who I think is such a in a way that we could not amend. would not be so bad. And the gentle- tremendous addition to our member- So let me just take one issue. We are men that are here this evening, Mr. ship and to this great struggle for the going to have discussions this year on LYNCH, Mr. MICHAUD, Mr. HARE, Mr. cause of all people in our country, the the issue of immigration. When that ELLISON, they represent those who are dignity of their work, the future for bill came down here, there were many suffering in our country. There are peo- their families and the future of our of us who said we have to deal with the ple suffering in other countries, too. communities. displacement that is going to happen in I want to say I associate myself with And to Congressman STEVE LYNCH of Mexico in the farm sector, because the gentleman’s remarks this evening. Massachusetts, who works so respect- there is no transition provision in And what you said about those who ably as an ironworker. He looks like NAFTA and no currency exchange, have been murdered in Colombia, we that man that they have on that iron that we knew that the Mexican farmers know 72 were murdered in 2006, and the beam over New York City, that famous were going to be thrown off of their gentleman talked about prior assas- poster. Whenever I look at him, I think community oriented farming ejido sys- sinations of those who were trying to I see him. He is the one who is swing- tems. It has happened. No one wants to form groups there so they could earn a ing the golf club with the ball or some- recognize it has happened, but over 2 decent wage. Almost none have been thing. million people were disgorged from prosecuted. It is like their lives have It is a pleasure to be here with these their villages and towns, and they are no meaning. So we need to set a higher gentlemen tonight, because they have wandering the continent, providing an standard. Maybe our Constitution real- all worked for a living, their families endless stream of labor that is dirt ly should stand for something and we have worked for a living, and we need cheap there and here. It is almost as if should look for an agreement among more people who bring this experience they didn’t want us to talk about it be- the peoples of the Americas that uses to the Congress of the United States. cause that fast track bill came through democracy and liberty as its funda- The plant that Congressman MICHAUD here. mental principles, not the diminishing discussed, Champion spark plugs, no Now, the NAFTA model is being of workers, be they farmers or indus- longer exists in Toledo. Back when I used, they want to expand it to Colom- trial workers. was first elected, we tried so hard to bia, they want to put it to Peru. I oppose the Colombian free trade get the Japanese to buy the spark I wanted to say a word about Colom- agreement and stand up for human plugs, the best plugs that were made in bia this evening. I agree with Congress- rights, the middle class, the rule of

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law, and everything that this Nation not be exposed to attack in inter- Mr. MICHAUD, thank you for your ex- should be committed to. national tribunals. But the administra- cellent work and leadership. The Amer- Mr. MICHAUD. Thank you, and I tion included the extreme foreign in- ican people deserve fair trade agree- look forward to working with you as vestor rights and investor state en- ments. The American Congress must we move forward. forcement of NAFTA’s Chapter 11. take back its constitutional authority We also have been joined by Mr. That needs to come out as well. to make sure that any agreement that ELLISON, who represents the Fifth Dis- Democrats believe in the right of the United States engages in is an trict in Minnesota with distinction. Congress and the President to protect agreement that is in the best interest Congressman ELLISON believes NAFTA this Nation’s security. We have made it of the American working people. and CAFTA have encouraged the move- clear that the trade pacts cannot sub- Mr. MICHAUD. Madam Speaker, it is ment of manufacturing and agricul- ject our decisions about who should op- my pleasure to introduce my co-found- tural jobs out of Minnesota to be done erate U.S. ports to attacks in inter- er of the Congressional Labor and under sweat-shop conditions in other national tribunals or demands for com- Working Families Caucus, a member of countries. pensation. Yet although the Dubai the House Trade Working Group, Mr. A 2003 report by the Minnesota Fair Ports World operates Peru’s ports and STEVE LYNCH. Trade Coalition reported that at least thus would have the right to such a During his career as an ironworker, a quarter and likely one-third of the claim, you included the ‘‘landslide port Congressman LYNCH worked at a Gen- net 45,000 manufacturing jobs that Min- activities’’ in the Peru and Colombian eral Motors plant in Framingham, nesota lost from 2001 to 2003 were di- agreements. That has to come out. Massachusetts, the General Dynamics rectly attributable to trade deals such Democrats believe in reducing pov- shipyard in Quincy, Massachusetts, and as NAFTA. erty in the developing world. We be- the United States Steel plant in Gary, Congressman ELLISON has been a lieve in providing farmers in the Ande- Indiana, all of which were shut down leader among the freshman class, along an nations opportunities to earn a liv- due to foreign competition and unfa- with Congressman HARE, in fighting for ing without resorting to illegal drugs vorable trade conditions. fairer trade deals. I yield to Congress- that will end up on our streets here in Mr. LYNCH’s firsthand experience in man ELLISON. the United States. But despite the seeing the effects of plant closures on Mr. ELLISON. Thank you. I thank warnings from Peruvian and Colombian American workers and on local com- you for your leadership on this issue of Governments and the record of NAFTA munities has led him to focus on ef- fair trade. I think that the time is displacing 1.7 million compesinos, the forts to improve United States trade right, the time is now to begin talking President has insisted on zeroing out policy and help protect not only Amer- about fair trade. I want to commend all corn, rice and bean tariffs in those ican workers but also American busi- of the Members here tonight talking things. That has to come out. nesses which also feel strongly about Democrats believe consumers have a about this critical issue. these trade deals and have been work- right to safe food. But the administra- This election sent a strong message: ing very closely with the United States tion included provisions allowing food no staying the course on Bush’s failed Business and Industry Council to make imports that don’t meet our standards. trade policy. So now what do we hear, sure that we have fair trade deals. I that the Bush administration wants to That needs to come out. Democrats believe that when govern- look forward to hearing Congressman send to Congress NAFTA expansion ments spend tax dollars, they must do LYNCH’s remarks. agreements with Peru and Colombia. so in the best interest of the taxpayers. Mr. LYNCH. Thank you very much. I Consider the problems that Democrats But the administration included lan- thank the gentleman for yielding. I have endlessly raised in writing, in guage in these FTA procurement texts want to join the rest of the Members hearings, on the floor, think about that could expose Davis-Bacon pre- here tonight to say how proud we are of these problems and the administra- vailing wage laws, renewable energy the fashion in which you have defended tion’s trade agreement model, how we standards and more to challenge. That American workers and led this cause have continually demonstrated that must come out. for all Americans. the Bush trade model is killing Amer- It would only require striking a sen- I rise tonight to address the House on ican jobs and is an enemy of the middle tence here or a word there to remove the matter of the pending trade agree- class. the FTA terms that directly conflict ments with Peru and Colombia and the Then consider what the administra- with these core Democratic Party val- general trade promotion authority. tion chose to put in the deals anyway. ues and goals. There has been much talk over the Democrats are for consumers’ right to And then there is what is missing, past couple of weeks and all of us have affordable medicine. The 2002 trade ne- the enforceable labor and environ- heard it about the desire of our coun- gotiation authority instructed the mental standards in the core of the try to export democracy to the Middle Bush administration not to lard up and text of the agreement equal to the East. I just have to say that I am a pack up these trade deals with new pro- commercial provisions. firm believer that you do not export tections for big pharmaceuticals that Regarding the Colombia FTA, there democracy through the Defense De- could cut poor consumers off from ac- is no fix to that and there is nothing partment, as has been suggested by cess to medications and cause endless that can make this agreement accept- this administration. deaths in poor countries. But the ad- able in my view. It is highly offensive What we are talking about here in ministration inserted this poison pill that the Bush administration would ex- these trade agreements, this is how into the FTAs. The TRIPS-plus re- ploit the enormous discretion fast you export democracy. If you are going quirement needs to come out. track provides even to initiate negotia- to do it at all, it is through trade Democrats are against privatization tions with a country infamous and, un- agreements which give other workers of Social Security. We believe the el- fortunately, famous for having the in other countries a fair opportunity to derly in whatever nation they are in highest rate of trade union assassina- have a decent standard of living, and it should have safeguards for their secu- tions. More than 2,000 labor activists is really incumbent upon us through rity as they age. Yet the Peru free have been murdered in Colombia since the Commerce Department and these trade agreement requires Peru to open 1990. Sixty were assassinated in 2006 trade agreements to make sure that at its social security system for privatiza- alone; one per week. The Colombian the same time we protect our own tion. That has to come out. Army is implicated in many of these workers, we also give a fair chance at Democrats believe that foreign busi- murders, but few have been prosecuted. a decent living to those of our neigh- nesses operating on U.S. soil shouldn’t Until the Colombian Government bors internationally. have greater rights than U.S. busi- changes its situation, the United Just like the job loss that has been nesses. And we believe that our envi- States should not offer any enhanced described by Mr. HARE, Ms. KAPTUR, ronmental and health safeguards can- trade relations to Colombia. Mr. ELLISON, and Mr. MICHAUD, as the

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7676 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 gentleman from Maine indicated, I Instead, American workers are being workers by $7.6 billion for just 2004. worked at a General Motors plant in asked to compete with underpaid, ex- The administration’s trade agreement Framingham, Massachusetts, and I saw ploited and child labor workforces. One model is killing the American middle the impact in Massachusetts and in would think with such deplorable con- class, plain and simple. Framingham of those 2,300 workers ditions in Peru, that the U.S. would in- Not only has NAFTA been harmful getting laid off. sert enforceable labor standards in the for American workers in Mexico, it dis- The same thing happened at the Gen- agreement. However, the labor protec- placed 1.7 million campesinos and eral Dynamics shipyard where I worked tions are weak and nonbinding. forced them towards overcrowded cities in Quincy, Massachusetts, and I saw The same goes for Colombia, a coun- and to enter the U.S. illegally. Yet the the impact there, as well as the steel try that is infamous for having the administration has evidently not plants in the Midwest that I worked at highest trade union assassinations in learned from NAFTA’s mistakes. In- which have also been closed down. the world. Mr. MICHAUD pointed out stead, the administration insisted on What really gets me is as an iron- that more than 2,000 labor activists zeroing out corn, rice and bean tariffs, worker hearing the talk in Wash- have been murdered in Colombia since even in the face of warnings from the ington, especially this administration, 1990. Peruvian and Colombian governments. they talk about job loss like they talk Such measures will expand the NAFTA about the weather, like it is something b 2015 disaster to Peru and Colombia. beyond their control, like it is a nat- Until the Colombian government In their current form, the Peru and ural disaster that they have nothing to takes action to change this volatile sit- Colombian trade agreements will only do with, when in reality when you look uation, the United States should not export more economic hardship rather at the policies this administration has offer any enhanced trade agreements than democracy for foreign workers. put forward, it is a deliberate cause with Colombia. So I urge my colleagues and I urge and effect. The reason we are losing We also must consider the national everyone to reject the Peru and Colom- jobs is because of the policies that we security implications of these agree- bian trade agreements until the rights have adopted. ments. Both Peru and Colombia harbor of labor and the environmental issues Just like so many other so-called free terrorist organizations with heavy in- are contained in these agreements. trade agreements, this Colombia and volvement in narcotrafficking. While They should be rejected. Peru trade agreement contain no both countries have established finan- I believe in the potential of free meaningful language or effective labor cial intelligence units for analyzing trade, like my colleagues Mr. HARE and and environmental standards for work- and disseminating financial informa- Ms. KAPTUR and Mr. MICHAUD, but ers in those countries, nor does it pro- tion connected with anti-terrorist fi- along with power, as the major world vide adequate protections to our own nancing regimes, greater cooperation power, we have a responsibility to use workers. from the Peruvian and Colombian gov- that power in a way that softens the Madam Speaker, these trade agree- ernment is crucial in undermining the impact of globalization on our own ments are based on deeply flawed mod- funding mechanisms for these organi- American workers, as well as the work- els of NAFTA and CAFTA. We contin- zations. This crucial issue of national ers from Peru and Colombia. Mr. MICHAUD. Madam Speaker, I ually repeat the same mistakes and security cannot be overlooked when we would like to thank the gentleman for offer the same problematic language in consider these trade agreements. his comments. We have talked a lot our trade agreements. Instead of en- Madam Speaker, while sanctions and about the individual workers, but, also, forceable labor provisions, these free serious remedies are granted to the trade agreements merely suggest that this really devastates the community. commercial trade and investment pro- Three days after I got sworn in as a those nations that we deal with adopt visions of these free trade agreements, and enforce their own labor laws. They Member of Congress, the company I the labor, environmental and inter- offer no assurance that existing labor worked for filed bankruptcy. The Great national security standards are com- problems will be resolved, and they Northern paid approximately 65 per- pletely ineffectual. allow labor law to be weakened or cent of the tax base in the town of East There is no quick fix that can make eliminated in the future with no possi- Millinocket. That had a devastating ef- trade agreements with these countries bility of recourse for those workers. fect on what is going to happen to the From our experience, we understand work for Colombian and Peruvian school system as far as being able to that attaching nonbinding side letters workers. get the taxes owed because of the mill is not enough; especially when you con- To truly strengthen the trade agree- going through bankruptcy. But also sider, as my colleagues mentioned to- ments, Congress must also strengthen other small businesses in the commu- night, the record of deplorable labor its negotiating mechanism. Not only nity actually had to close down be- conditions in the two countries under are free trade agreements flawed trade cause they relied on the workers in the consideration: Peru and Colombia. models, it is paired with a flawed blue- mill to help keep the small businesses They are among the worst examples of print for negotiation, and that is the going and running. labor laws and protections and enforce- trade promotion authority. Congress When you talk about getting re- ments in the world. needs a new procedure for trade nego- trained, my colleagues I worked with Peru, as my colleague from Maine tiations because we are being held re- at the mill, they were up in the age of has pointed out, the U.S. State Depart- sponsible for the damage all over the 50 or 60 years old. Now they have got to ment documented the failure of Peru’s world. Under the TPA, Congress cedes go back to school. A lot of them never own labor laws to comply with U.S. its ability to control the content of went to school beyond high school. internationally recognized worker these U.S. trade pacts. Yet we are Now they had to go back and try to rights and ILO core labor standards. stuck time and time again with the po- further their education, which is very Our own State Department included litical liability for the damage that difficult, and get trained. For what? violations of child labor laws with an these trade pacts cause. If you look at what happened in our estimated one-quarter of all Peruvian This damage falls mainly to the State, we had mill after mill, paper children between the ages of 6 and 17 American middle class, but also the Pe- machine after paper machine, shut employed. ruvian and Colombian agreements are down. It has been very, very difficult to The State Department also indicated replicating the same model of NAFTA find jobs in these communities, and it Peru’s noncompliance with minimum and CAFTA that have been disastrous is very disheartening to see grown men wage guidelines with roughly half of for the U.S. economy. Since NAFTA, and women for the first time in their the workforce, about 50 percent of the over 1 million jobs have been lost na- lives that they actually had to go and workforce in Peru, earning the min- tionwide, with over 23,000 jobs lost in ask for help for food. They had to raise imum wage or below. These conditions my State of Massachusetts alone. This funds to fund the food bank, and it is are a far cry from free trade. has reduced wage payments to U.S. very difficult.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7677 I just hope that our colleagues on place called Hoover Vacuum, which get it, and that is why they sent so both sides of the aisle have seen the was part of this leveraged buyout. many freshmen Members here in this failed trade policy that has come about There was an article recently in the Congress on the very issue that they starting with NAFTA, and I know it paper about the Maytags now being talked about in their campaigns, and was a Democratic administration, but made by Samsung in South Korea, that issue is trade. probably conceptually sounded good. 250,000 of them being recalled in this We are heading for disaster, a perfect But now we have got a track record of country because they are burning up. storm. We have the largest budgetary what NAFTA has brought us; and, They are actually catching on fire be- deficit in the United States history, hopefully, we have learned our lesson cause water is dripping off the back with over 45 percent approximately is and will be able to move forward in the onto the electrical panel. That never owned by foreigners. We have the larg- manner that we do have fair trade happened with Maytag. The Maytag re- est trade deficit in our history, over deals. pairman really was in that little room, $202 billion with China alone. It is over I will open it up for any discussion and nobody bothered him. I think approximately, what, 7 percent that my colleagues might have. I think it is important for us as of our GDP? Mr. HARE. Madam Speaker, one of Members to tell the story, whether it is We are heading on a collision course. the things that I think we need to do Maytag, whether it is Champion, Dixon We must make sure that we have a here is we have to start bringing some Ticonderoga, companies that Congress- strong manufacturing base here in the commonsense back to all of this. I man MICHAUD worked for, and whether United States, and that is why I look think sometimes we think in too broad it is Maytag. We need to help America forward to working with my colleagues of thoughts. For example, some of the give full voice to what is happening. here on the floor, look forward to questions I would ask is, why can we It is interesting how little is on tele- working with a good, diverse group of not make a television in this country vision, because some of the very same the United States Business and Indus- anymore, why can we not make advertisers that own the airwaves do try Council, labor, environmental stereos, and why can we not have tex- not want this story on there. groups, my colleagues across the aisle, I understand Lou Dobbs is coming to tile mills in this country? We have Congressman WALTER JONES, DUNCAN Congress this week for a hearing that quality workers. They were trained. HUNTER, TIM RYAN on our side of the Congressman SHERMAN is going to They knew what they were doing. aisle and BETTY SUTTON. My colleague, Representative KAP- have. That is one of the few reporters So I am really excited. We see new TUR, and I have been talking about get- that even talks about this, but for the life here in Congress as it relates to ting a group of Members of Congress to most part you do not see this on the trade, and we have just got to keep go around to areas that have been hit evening news. talking about trade so that our col- and to interview those workers who So I am very anxious to travel and leagues will start paying attention to have lost their jobs and to put it on tell the Maytag story and then maybe what is going on here. tell the story of Brachs Candy and tell tape and to show that to people. I Ms. KAPTUR. I think that if we look the story of some our steel mills and to would appreciate the gentlewoman at those people that are trying to sell might want to comment about that. give these workers, first, appreciation off chunks of America piece by piece, I But what we are talking about here, for the fine products that they have am offended by that. I am truly of- Madam Speaker, is letting ordinary built and it is not their fault and to say fended by it. people tell us what has happened to that we understand, but we know we When I heard the announcement that them. These are people who are our are outnumbered sometimes, but our Hershey, one of America’s logo compa- veterans. They fought in the wars. numbers are growing. nies, right, was going to move produc- They have come back, and they are Mr. HARE. They are. working in the factory. They lose ev- Ms. KAPTUR. But our numbers are tion to Mexico, they are already mak- erything they have ever had, and some growing. ing those big kisses there, I guess. I did of them with very little or no notice at We said when NAFTA passed it was not know that. When you think of all all, and yet we are so quick to want to the first battle in a long war, and we the dairy jobs in Pennsylvania, you find work outside of this country when knew there were going to be casualties, think of all of the factory jobs, you we have people going to bed in this and it literally broke our heart because think of all of the distribution jobs. I country hungry. Those jobs in Ohio and we knew what was going to happen on mean, this is a massive American com- in Maine and in Illinois, they are gone. this continent. pany. It was America. It was America. I think we have to start doing some- But now we have the next wave that And so now we are going to let that go? thing proactive. We have to stop this came in when Congressman MICHAUD And then they dumbed down the recipe hemorrhaging of jobs, and we have to arrived; and now, with 39 new Members so the chocolate is not as good? They start thinking about how we are going in your class, Congressman HARE, to put more wax in it or whatever. Come to keep the jobs that we have here and come here, and you cannot imagine on. expanding them. what that means to the more senior Do not take the American people for The late Senator Humphrey said that Members. fools. We understand what is going on, the American worker was the most Our only sadness is all the casualties and we know that we are being sold productive worker in the world, and that are out there and all the people out. America is being sold out from that has never changed. So I appreciate that have had to suffer. We had hoped under us, and the American people do the gentleman for giving me a little bit to protect America from that. We had not like it at all. They expect us to of time. I thank you for allowing me to hoped to protect those families, but we stand up for them. speak this evening, but perhaps the did not have the votes. But now I think So it is just a joy to have you here, gentlewoman from Ohio might want to we have the votes. to be a part of this effort, and to say comment. I know one thing, we have the Amer- that the Peru and Colombian free trade Ms. KAPTUR. I thank the gentleman ican people. Sometimes things get a agreement that is supposed to come for yielding. little convoluted once it comes into through here on fast track, again, it is Congressman HARE and I are think- this city, but we know the American more just of NAFTA. It is more of the ing about going to track the whole people are with us. Let us make them same. We should not approve it. Maytag saga, starting in his home famous. They are the ones that have But what has surprised me the most, community but then going over to lived this. Let us put it on our Web as much as the American people have Iowa and the whole buyout of Maytag sites. Let us tell their stories. If others been hurt by NAFTA, if we go back, by Wall Street and the shedding of will not, let us do that. They surely de- what has shocked me, what I never ex- jobs, thousands, thousands of jobs. serve that. They have lived it. pected or anticipated, was all the cas- Then, in my home State of Ohio, 2,000 Mr. MICHAUD. You are absolutely ualties across the continent in terms of more jobs hang in the balance at a right. The American people, they do job loss and people hurt. I never

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7678 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 thought I would see the people of Latin ting again in this Congress to look at charts too. I have charts to show you America rise up in Mexico, in Brazil, in trade in a comprehensive manner. what’s happening. these massive demonstrations. That I look forward to working with my This first one shows there is a mis- has literally humbled me as a citizen of colleagues on both sides of the aisle. conception there, particularly on the the continent to think that the poorest This is an American issue. This is an Democratic side of the aisle, in spite of among us, many have been risking issue that is important to this country, all the statistics, that somehow the their lives, to say the pain on them is important to our long-term stability. deficit that we are in today was caused even greater than on us. Their wages f by the tax relief that was enacted back have been cut in half. They are losing in 2003, that somehow allowing people 2008 FISCAL YEAR BUDGET their little stakeholds in Mexico, for at home to keep more of their own example, and they are just being The SPEAKER pro tempore. Under money to spend on their priorities, thrown off their land, and yet they are the Speaker’s announced policy of Jan- rather than Washington’s priorities, going to Mexico City and dem- uary 18, 2007, the gentleman from Cali- that somehow allowing people to do onstrating by the millions. fornia (Mr. CAMPBELL) is recognized for that caused the deficit that we have I never anticipated that that would 60 minutes as the designee of the mi- today. It’s absolutely not true. happen, and I think what is going to nority leader. If you look at this chart, you will see happen here, those folks in Wall Street Mr. CAMPBELL of California. that total Federal revenues declined and other places thought they were Madam Speaker, tonight, and the next until 2003, when the tax relief was en- going to be so smart. I think you are 60 minutes, we are going to talk a little acted, and they have risen and are now going to see another generation come bit about one of the major issues that up somewhere around 46 percent. Since behind us. They are going to create a will be on the floor here in the House of then, the Federal Government has 46 charter for the people of the Americas Representatives as people vote later percent more revenue, 46 percent more that we should have created. Some of this week, and that will be the budget money than it did in 2003. us wanted to, but we did not have the of the United States Government for I would ask the average American votes here, and I think that the back- the next fiscal year, the fiscal year taxpayer at home, do you have 46 per- lash on NAFTA and on these kinds of that begins later this year. It’s called cent more money, more revenue, more free trade agreements that cause so the 2008 fiscal year budget. income than you had in 2003? If you much harm, I think Wall Street has There will be several budgets offered; don’t, you should understand, the only begun to see what is going to hap- but if history is any guide, the one that Democrats believe that the 46 percent pen. is most likely to pass is the one that is increase for the Federal Government So I put my faith in the people, I put being offered by the majority party, or wasn’t enough, and that whatever you my faith in the institutions of good the majority Democrats, in this case. got, it was too much. Because they governance, and I hope that, I do not That budget is a travesty. Tonight, want to take some of what you have know how harshly God will judge those we are going to show you why, why and put it right here in Washington, who have done so much harm, but it that is not the budget that should pass, right here in the midst of the Federal did not have to happen. why that is not the budget that should Government. govern the United States taxpayers’ So the tax relief did not cause the b 2030 money over the next year. This budget deficit, actually caused an increase in We don’t have to repeat the mistakes that we will see later this week pro- revenue. Spending caused the deficit, of the past, so I thank my dear col- posed by the Democrat majority has too much spending, something the leagues here this evening, Congressman the largest tax increase in American budget, the Democrats are proposing MICHAUD and Congressman HARE and history. Let me say that again: this the majority party does, is more. Their Congressman LYNCH and Congressman budget you will see the Democrats pro- proposal over the next 5 years is to ELLISON, for understanding what it is pose this week has the largest tax in- spend more and more and more, yet going to take to turn this continent crease in American history. It has no raise your taxes to do it. So they are and our values to put the values for- reform of any of the entitlements. taking the thing that is reducing the ward that were the ideals. If we are going to save Medicare, we deficit and getting rid of it, and taking When I think about John Kennedy are going to save Social Security for the problem that has created the def- and his Alliance For Progress, and you future generations, as we will explain icit spending and giving you more of it. go down in Latin America and in every to you later, they are unsustainable. Let me show you a few more things home there is a picture of John Ken- They have to be reformed. They have why these tax reductions actually re- nedy because he cared for them. He no reform whatsoever. sulted in more revenue. cared for them first. I thought how did They do not save or preserve the So- They stimulate the economy. When we go so far? Why couldn’t we get a cial Security surplus. You know, peo- you have more money, what do you do majority here? What was wrong with us ple pay Social Security taxes. When with it? You save it, you invest it. You back in the 1990s, that is, that we they do, they presume that money goes spend it, you create jobs, you do all couldn’t put that together? I see a re- to pay for Social Security. Makes kinds of good things with it. That is birth of that spirit of idealism here sense. That is why it’s called a Social why after the tax relief was enacted in this evening, and I know that the con- Security tax. 2003, we created more jobs, lots more tinent is waiting for us. But, no, every year, a portion of that jobs, every single month, not a single I thank my dear colleagues for spon- money is used to pay various other pri- month without more jobs created in soring this Special Order this evening orities of the Federal Government. The this country since the tax relief was and for helping us speak on behalf of budget that the Democrats will propose enacted. the people who expect us to be here for this year for the next 5 years will not What else did the tax relief do? It them. change that one little bit. Yes, this also increased gross domestic product. Mr. MICHAUD. Thank you, and I budget, Democrat budget later this That is basically the size of the total thank Congressman HARE once again week, is full of empty promises except economy. If you look, after 2003, it’s for coming to the floor this evening to one, to give you the largest tax in- not so good, but after 2003, gross do- talk about it. We have a lot to talk crease in American history. mestic product has increased dramati- about. We have fast track, we have the Now, let’s bore into a few of these cally every single quarter. So many trade deals we are talking about. We things. Let’s look into a little bit of charts, they are falling down. The will be talking more about the value- this in detail. In order to do that I have chart fell down and so did the unem- added tax as that comes forward in a a few charts here. I don’t want to have ployment rate after the enactment of couple of weeks, and also the trade bal- anyone have some flashback to Ross the tax decreases. Again, here they go. ancing act, which I will be resubmit- Perot, I know he had charts, so I have Unemployment up close to 6.5 percent,

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7679 and where is it now? Down around 4.5 When you talk about facts and figures, Entitlements, on the Democratic percent. it’s one thing. But when you try to side, it is a complete failure, $77 mil- These things are not coincidences. bring it home and let people under- lion worth of entitlement savings, $77 These good things that happened to the stand exactly what it means to them million when we are talking about lit- economy did not suddenly hit just personally, it’s another thing. erally hundreds of billions of dollars in when the tax relief went into effect by Let me just give you some examples. entitlement spending that they are coincidence. No. The tax relief left bil- Nationwide, if the Democrat budget going to do. The Republican budget lions and billions of dollars in the were to happen to pass, we are talking says reforms, improvements in re- American public’s hands and in the about some nationwide impacts. Here forms, trying to make entitlement American taxpayers’ hands so they we go, a family of four earning $40,000 more sustainable and adding to the could use it for their purposes and help will face a tax increase of $2,052. That longevity of it. So it is plain and sim- the economy grow. That is what we is a family of four nationwide and 113 ple. should be doing more of, not less of. million taxpayers will see their taxes Again, the figure that the gentleman But the proposed Democratic budget go up by an average $2,200. Actually, from California, Madam Speaker, does a lot less of that. Let’s talk for a $2,216, but what the heck, it’s govern- quoted a little bit earlier, when you second about how much less. This pro- ment work, let’s round it off a little bring it home in South Carolina terms posed budget has the greatest increase bit. Over 5 million individuals and fam- where everybody can understand it, in taxes in American history. ilies who would have seen their income where it hits their pocketbook, we are Now, I could tell average taxpayers, tax liabilities completely eliminated talking per year average for 5 years if people at home, how much is that? Oh, will now have to pay taxes. the Democratic budget passes, $2,482.66 it’s $392.5 billion a year. What does So not only people that haven’t paid that my people in South Carolina will that mean? They don’t know what that taxes in the past now, another 5 mil- have to pay more. means. But let me tell you and bring it lion individuals are going to have to And I ask the gentleman from Cali- home a little better. It means $3,035 for hit the tax rolls; 45 million families fornia, I don’t think that is a pretty the average tax return in America per with children will face an average tax good deal, do you? year, per year, folks. increase of $2,864; 15 million elderly in- Mr. CAMPBELL of California. I As people sit at home and they watch dividuals, elderly. Now, most of these thank the gentleman for yielding. this, imagine the Democrats’ budget is are on fixed incomes, will pay an aver- I don’t think it is a very good deal at saying to you, $3,000 per year, you have age tax increase of $2,934. And 27 mil- all. What are they going to get for to pay more here to Washington so lion small business owners will pay an that? I think that is part of the ques- they can spend it on more of their pri- average tax increase, listen to this one tion here. What exactly are they going orities. now, listen to this one, $4,712. Let me to get for that? We often hear, gee, in Washington, read that one again, 27 million small Are they going to get some of the the spenders like to say, the tax and business owners will pay an average spending like we just saw passed in the spenders like to say, oh, we need to do tax increase of $4,712. Unbelievable. bill last week, you know, maybe some Let’s bring it home. I am from South this, and we have to get the money. things to help shrimp and peanuts and Carolina, born and raised there. Let’s Where are we going to find the money a few things like that? Is that the sort put it in South Carolina terms. In if we don’t raise taxes? of stuff they are going to get? Are they South Carolina the impact of repealing Well, I would say this, where is the going to get a bunch of earmarks? the Republican tax relief would be felt. average American going to find that What are they going to get? I don’t Here is how. It’s higher than I thought: money? Do you think they just will think they are going to get very much. 1,300,000 taxpayers statewide who are say, $3,000 a year, oh, that is no prob- I yield back to the gentleman from benefiting from the new lower 10 per- lem. That is just about $250 a month. South Carolina. Do you see much that cent bracket would see their taxes go That is nothing. I have got lots of that. up. your South Carolinian constituents That is no problem, we are happy to do In South Carolina alone, 1.3 million will get for their $2,500 a year? that. people added to the 10 percent bracket; Mr. BARRETT of South Carolina. I I don’t think so. I think that would 447,000 married couples in the State of thank the gentleman for yielding; and, cause a tremendous impact on the av- South Carolina would see higher taxes no, I don’t. Again, broken promises. erage American family, a tremendous because of the increase in the marriage One of the ways that the Democrats impact on their budget, and not a good penalty. We are penalizing people to be want to fund all this new spending is one if it would have the reverse of all married; 427,000 families with children reserve funds. And you talk about a these effects. It would start to drive would pay more taxes because the child shell game. We are talking about set- unemployment up. It would start to tax credit would expire; and 212,000 in- ting up reserve funds so we can spend drive job growth down. It would start vestors, including seniors, would pay more money, but there is actually no to the drive the economy down. We more because of an increase on tax money in the reserve funds because we need to stop this budget that will ap- rates on the capital gains and divi- are going to put the money in there pear here on the floor this week. dends. later on. Now, I would like to introduce the The gentleman from California was Mr. CAMPBELL of California. Will gentleman from South Carolina (Mr. there last Wednesday into Thursday the gentleman yield? BARRETT). Mr. BARRETT, before you morning when we passed it, we voted Can you explain that to me again? begin speaking, I would like to point against it, but the Democrats passed Wait a minute. A reserve fund? I out to you, because I have these figures their budget. It’s full of empty prom- mean, a reserve fund to me is some- broken down by State, that the aver- ises, with the exception of two, more thing where I put some money aside. age South Carolinian under the Demo- spending and higher taxes. That is a You are telling me that they are say- crats’ tax proposal would pay $2,482.66 done deal; it’s going to happen. The ing they are setting up a reserve fund, more tax per year. So you might tell Democrat budget says it’s the largest the Democrats are, with zero money it. me, Mr. BARRETT of South Carolina, tax increase in American history. The I yield back to the gentleman. how do you think the average taxpayer Republican budget will say no tax in- Mr. BARRETT of South Carolina. Ex- in South Carolina is going to pay for creases. actly. And as the gentleman from Cali- that? fornia knows, we had an empty jar, a Mr. BARRETT of South Carolina. My b 2045 big empty jar in our committee to il- friend was exactly right. We are talk- The Democrat budget will say, im- lustrate that view. ing about the largest tax increase in mense new spending. The Republican One of the ways that the Democrats our history, $292 billion. My friend will say, we will hold the line and we in their budget spend more money is from California was exactly right. were going to increase accountability. they set up this empty reserve fund to

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7680 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 be funded later, that the committees And I yield. fornia, on the Budget Committee. And and the agencies and organizations can Mr. BARRETT of South Carolina. I as you know, we just debated, if you draw money out to spend more money, thank the gentleman for yielding. will, the Democrats’ budget proposal but yet there is no money in the re- I think it is very simple. Number just last week. Actually, we had a serve fund to spend. So you talk about one, we will balance the budget with- number of hearings over the last 3 a shell game. It is a shell game at its out raising taxes; and, number two, we months now, during which time we finest. will reform entitlements. Because, as have had a number of experts come and One of the things that I was proud of you well know, over the next 5 years, testify on various aspects of the Fed- several weeks ago, I guess maybe it Madam Speaker, entitlement spending eral budget and the ramifications of was 2 weeks ago, I was proud to be part will grow 19 percent. Now that is with- not doing some things in the area of of an RSC, the Republican Study Com- out me, without my friend from Cali- mandatory spending. mittee, a press conference that we had fornia, without anybody in this House When you think about all the rhet- to talk about a Taxpayer Bill of lifting a single finger. Entitlement oric that we have heard from the other Rights. spending will grow 19 percent. side of the aisle, and maybe it was dis- And, Madam Speaker, what we are So the budget we bring to the floor quieting at some times, I think the one talking about here is giving the tax- this week will be very simple. We will thing that maybe we can reach across payers across the country more ac- slow the growth, not cut. We will slow the aisle here and maybe hear one lan- countability for their government. the growth, because entitlement spend- guage, one word that we are on the Four simple things, things that we ing will still continue to grow. We will same page on at least, in rhetoric at have talked about and things that we slow the growth of entitlement spend- least, is they agree with us on this one would like to see come to fruition. Let ing, and we will balance the budget point and that is that we should get to me tell you what they are. without raising taxes. a balanced budget at some point. The Taxpayers should have the right to a And I yield back. distinction, of course, is how they get Federal government that does not grow Mr. CAMPBELL of California. Thank there and how we get there. beyond their ability to pay for it. I you, Mr. BARRETT from South Carolina. Now, anyone who tuned in to C– don’t think we see that in this budget, Now, Madam Speaker, so you don’t SPAN, if people did tune in C–SPAN Madam Speaker. think that we are just trying to do and listen to those budget hearings Taxpayers should have the right to rhyming people here, we go from Mr. that we had, they may realize, or they receive back every dollar they entrust BARRETT of South Carolina to Mr. GAR- watch the stuff on the floor, what have to the government for their retire- RETT of New Jersey. But before I yield you, might realize just how complex ment. It is incredible what we have to Mr. GARRETT from New Jersey, you done and what we are continuing to do, the Federal budget is. With talk of re- know, I am from California, and Cali- Madam Speaker, in this Democratic scissions and special orders and ear- fornia taxpayers, under the Democrats’ budget. marks and everything, it is a hugely Number three, taxpayers have a right proposal, would pay $3,331.09 more per complex matter that we deal with; and to expect the government to balance taxpayer in California. I appreciate your expertise that you the budget without having their taxes Now, I thought that was a lot. I come to the House with to be able to raised. As the gentleman from Cali- thought that was a lot. It is one of the handle this. fornia well knows, the Republican higher numbers on the page. But it is But, in reality, if you just step back budget that we will present later this not as much as New Jersey. Taxpayers for a minute, what we all do here on week will do that in 5 years. We will in New Jersey would pay $3,779.88 more the House floor and in Budget Com- balance the budget, save the Social Se- in taxes under the Democrats proposal mittee isn’t a heck of a lot different curity fund, and do it all without rais- than they do now. And that is an aver- than what every single American fam- ing taxes. The Democratic budget does age, again, per tax return filed per ily, my own included, and the residents not. It does not. Now they may say one year. Almost $4,000. of the State of California and New Jer- thing, but the figures show something I am glancing here and I think, Mr. sey have to do every single year, every else. GARRETT, there is only one other State week, every month when it comes to And, last, taxpayers have a right to a that is going to pay, have more of an their own family budget, and that is to simple and fair Tax Code that they un- increase and that is Connecticut than say they have to live within their derstand. Boy, that is a tough one New Jersey. So I am curious, Scott means. there. But it is a game of trying to be Garrett from New Jersey, what exactly Now, Washington doesn’t have a good responsible to the taxpayers, as my do you think and what will people in track record on this, but that is what friend from California knows. It is a New Jersey think and how will they families have to do. When it comes to game of making sure that our people deal with $4,000 a year more taxes? families, I guess families don’t really keep their money. They know how to I yield to the gentleman. have a choice to say whether we are spend it more than we do in Wash- Mr. GARRETT of New Jersey. I ap- going to have a balanced budget or not. ington, DC, and I trust my people preciate the gentleman from California Washington does. People know how more. yielding. much money they are earning. Unfortunately, Madam Speaker, as New Jersey is proud to be number Mr. CAMPBELL of California. Will my friend from California knows, this one in a number of things. But, quite the gentleman yield? budget trusts the government more honestly, we do not like to be proud, Mr. GARRETT of New Jersey. Abso- than it trusts the American taxpayer. we are not proud of the fact that we are lutely. With that, I yield back. number one when it comes to paying Mr. CAMPBELL of California. I was Mr. CAMPBELL of California. Will taxes in this country, whether you are going to say, one thing that you can do the gentleman yield one more minute? talking about local taxes, sales taxes, here in Washington is print money. Let me just ask you one more ques- State income taxes, property taxes. I The average family can’t. If the Demo- tion, and then we will go on. think we are just about number one in crats were to pass this budget and give The gentleman from South Carolina, all of those combined. them that $4,000 or $3,800 tax increase so narrow it down. There will be a Re- Yet when you take that and you add in New Jersey, your citizens in New publican alternative to the Democratic what is happening here, this could be Jersey can’t print money like the Fed- budget here that everyone on this floor one of the most expensive weeks for eral Government to just run a deficit, will vote on this week. What are the the citizens of the State of New Jersey can they? major differences? I mean, could you if this House proceeds with what the I yield back to the gentleman. lay out for me and for Madam Speaker Democrat leadership plans to do. Mr. GARRETT of New Jersey. No, and for anyone watching what are Now, I have the privilege of serving you are absolutely right on point. The those differences? with you, the gentleman from Cali- average family has to sit down and say,

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7681 this is what my income is going to be $3,000. You may have it in front of you. $3,800 of that money. And maybe you for the week, the month or the year for I don’t have it here. want to use that $3,800 in New Jersey the year ahead and say I am going to Mr. CAMPBELL of California. Will to go on vacation to a beautiful State live within those means. At the same the gentleman yield? $3,779.98 for the like the State of California. time, what they have to do is they entire State of New Jersey. Mr. CAMPBELL of California. Mr. have to set priorities. And I think that I yield back. Speaker, reclaiming my time, it is a what the gentleman was also trying to Mr. GARRETT of New Jersey. So matter of it is your money. When you elicit from the Democrats during this around $3,800 or almost $4,000. And you earn it, when people earn the money, it last budget hearing was to set prior- think about it. What could that $4,000 is their money. It is not the govern- ities. What are your top-ranking prior- be used for? If you are the family and ment’s money. It is their money and ities? What must we spend on and the husband and wife sitting down with the government takes some of it for where should we spend it? And if there your family, well, I would like to use necessary operation to run govern- are other things that you don’t want to that $4,000 to go on vacation this year. ment. But it is not like it is all the spend on now because you don’t have I would like to be able to use it on government’s money and the govern- the money, what are they? some other niceties or what have you. ment allows you to keep some. That is They would never agree to do that, if Or maybe, if they can’t use it on that, not the way we look at it. the gentleman recalls. That is why I maybe they have health expenses. I yield back to the gentleman think they came up with this hollow, I have a daughter in college right Mr. GARRETT of New Jersey. I will empty trust fund which, in reality, now. Maybe they have college ex- just close on these thoughts: the dif- they could have said the trust fund is penses, other things like that. I am ference that we are seeing here be- this big, since it is empty, or they sure they could find a use for $4,000 to tween what the Democrats will be pro- could have said it is this large. Because spend. posing in their budget and the Repub- if there is no money in it, there is no I will yield. lican alternative budget that should limit to how large the empty promises Mr. CAMPBELL of California. I also come before the floor is in three are. think this discussion we are having areas, I think. We are both aiming to- But the family budget can’t do that, right now gets to the core of the dif- wards the same goal, fortunately, of just like you said. ference between what Democrats in trying to reach a balanced budget by But the other thing that the Demo- Washington, how they look at things 2012, 5 years from now. But the Repub- crats in Washington are able to do, be- and how we Republicans in Washington lican budget will reach that goal of 2012 sides print money, that the average look at things. They look at it from without raising taxes by almost $400 family can’t do, you know what else the sense of, well, if we don’t raise billion, which is what your chart be- the family can’t do? They can’t raise these taxes, how is the government hind you shows. And that is critical. taxes. A family cannot simply go out going to spend more money on this or So, number one, we will not put a and say, I am short on cash this week, spend more money on that, or how are burden of almost $4,000, $3,800, on the so I am going to raise taxes. That is they going to get to take that? Because families in the State of New Jersey, why I started off by saying, as you that is what it amounts to. When you $1,500 if you are a family of four mak- pointed out, that this is the most ex- tax everybody else, you come here, the ing $70,000. pensive week for a family in the Fifth 435 of us, plus the 100 people in the Secondly, by not raising taxes we Congressional District for the State of other body, get to spend the money on will not be undermining the pro-growth New Jersey. the stuff they want to spend it on. policies of this administration and of Let me just give you one other num- this government over the last 10 years. b 2100 ber while I stand here. It was the New Those pro-growth policies, for New York Times, that paper did a study And so how can we spend that money Jerseyans at least, have created tre- just recently looking at what the if we don’t do this? mendous employment, very low unem- Democrats in the House and the Senate You and I, Mr. GARRETT, look at it ployment, so that that family that is are proposing. They looked at it a lit- from the standpoint of families, of tax- making that $70,000 a year or more or tle bit slightly differently but came up payers, of people. What are they not less in New Jersey at least knows that with a little bit different number, but going to be able to do in New Jersey the unemployment rate is almost at still draws the point. with that almost $350 a month? I mean, historic lows at this point. So they They looked at an average family of that is a nice car payment. That is sub- know there is the opportunity for jobs, four making $70,000 in the State of New stantial child care. That is a chunk of and because of that, there is great op- Jersey. Now, if you are from the State a house payment. It is a lot of different portunity to improve yourselves in ca- of New Jersey, I don’t think anyone things to a lot of people. And we look reers and what have you. And because from either side of the aisle would say at everything from the sense of the of that pro-growth policy, we have seen that a family making $70,000 is rich by family, the taxpayer. They come first the deficit shrink by 26 percent. any means. It is expensive to live in and the government comes second. And, thirdly, and I think this is very our State. That is not the way the Democrats in important to everyone at home, is that But they said that family, who did this town look at it, is it? we are making sure on the Republican very well under the Republican tax de- I yield back to the gentleman. proposal that those dollars that we do creases in 2003 that we passed with the Mr. GARRETT of New Jersey. Mr. spend, because we are always going to creation of jobs and the like, that fam- Speaker, I appreciate the gentleman’s have some spending by the Federal ily, under the Democrats’ budget that yielding. I remember one of the com- Government, that those dollars will may pass this House this week, would ments from the other side of the aisle not be wasted, not waste, fraud, and see their taxes go up by $1,500. during budget process, I think you abuse, but will be spent on those things So if you think you are rich at shook your head when they said this as that are critical to my State, to your $70,000, which I guess the other side of well, where they said, Well, if we do a State, to national security, to home- the aisle thinks New Jerseyans making tax cut, the Federal Government is land security, and to our veterans as $70,000 are able to pay more in taxes, subsidizing that taxpayer. And we just well. those taxes are going up by $1,500. I shook our head at that because a tax So balance the budget without rais- think that is a burden that that aver- cut is not a subsidy to the American ing taxes, make sure we continue the age family should not have to bear in taxpayer. A tax cut is simply saying to pro-growth tax policies that we have light of the property tax. Mr. and Mrs. Taxpayer and family that had in the past to create jobs, and The overall average is the number you don’t have to send quite as much make sure that those dollars are wisely that you brought out for the entire of your hard-earned money each week spent. They all come under the um- State of New Jersey, approximately to Washington. You are able to keep brella of one thing, and you said it: to

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7682 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 realize that these dollars come from back into full force and effect with a growth in spending? Or are you plan- the family budget. And our focus rate, I believe, of up to 55 percent. ning to raise these taxes further? Is the should be on the family budget and not And then look at this chunk, the big- $3,331 per taxpayer in California just on the Washington budget all the time. gest chunk of all the marginal rates. the beginning? Are we looking over a Mr. CAMPBELL of California. Mr. That means seniors with dividends and 10- or 15-year period of time at twice Speaker, I thank the gentleman from capital gains income and people at all that? Three times that? Four times New Jersey (Mr. GARRETT) so much for other schedules in the different tax that? The sort of thing it would take to his comments and his hard work on brackets within the Tax Code. These get anywhere near this spending level? these efforts and on these proposals to tax increases affect everyone, not just Chairman Bernanke is the Chairman recognize that it is your money first, the supposed rich. of the Federal Reserve. And the Fed- taxpayers. It is your money first. It is And let us look at what this would do eral Reserve, I think there is pretty not the government’s first that they to certain tax rates: the 35 percent tax general unanimity on both sides of the let you keep some of. It is your money, rate would go to 39.6. A capital gains aisle, as well as with the economists, and you should keep all of it except for tax rate of 15 would go to 20. The estate that the Federal Reserve has done a the minimum amount necessary to tax would go from 0 to 55 percent. The pretty good job of managing our econ- properly run the government. child tax credit, from $1,000 to $500. omy for some time, interest rates and Now let us talk about a few more And the very lowest tax bracket start- inflation; and they tend to know what things on these taxes. Some of the ing at taxable income, technically, of 0 could set this economy off course and rhetoric that people may hear from the would go from 10 to 15 percent. So, what could keep it on course. And I majority party here is that this tax re- again, tax increases on everybody all think they deserve a lot of credit for lief in 2003, 2001, this just gave tax cuts across the board. keeping the economy on course, not to the rich. We hear that over and over: We talked a lot about taxes tonight. just over the last 3 or 4 years but over ‘‘tax cuts to the rich.’’ Well, as Mr. But as I said when we started this con- the last 15 or 20 years. GARRETT pointed out, a $70,000-a-year versation, the reason we have a deficit But Chairman Bernanke said just family of four in New Jersey is prob- is not because we lowered taxes. Low- earlier this year that ‘‘without early ably not rich, and they would be pay- ering taxes stimulated the economy, and meaningful action to address enti- ing $1,500 or whatever the amount was created more revenue for the Federal tlements, the U.S. economy could be that you said. Government. Mr. Speaker, the reason seriously weakened with future genera- Let us look at some of this. Now, we have a deficit is because we spend tions bearing much of the cost.’’ these are numbers in billions of dollars, too much. And here is a chart showing What does he mean by that? When he Mr. Speaker; so they can’t relate to per how spending drives the long-term talks about entitlements, he is talking person. This is the total Democrat pro- problems: about Social Security, Medicare, Med- posed tax increase. This orange slice Here is our spending today, roughly icaid, things like that that the govern- stands for the people who save money 20 percent of the economy; so already ment does. And he said if we don’t deal because of the 10 percent income tax the Federal Government is spending with it early and meaningfully, if we bracket. Now, the 10 percent income about $1 out of $5 that exists in the don’t take early and meaningful action tax bracket is the lowest tax bracket economy. But if we leave things alone, to deal with the growth in these retire- that exists. It is at $15,000 of income for if we allow spending to go forward and ments, that the economy is in trouble. a married couple. So this amount of grow as it is in law now and if we just Now, the Democrat budget that will this tax is going to people with roughly left all these things alone, it will go by be on this floor later this week, let’s a taxable income of about $15,000. That 2049, you see here, up to nearly double see, it is a 5-year budget. What reform is rich? I don’t think so. that, nearly 40 percent of the economy. of entitlements does it include? Oh, Look at this slice right here, this red So $4 out of every $10 in the economy yes. Zero. None. Not one change. Noth- slice. This is people who get the child would be government spending. ing in the entitlements over the next 5 tax credit and the marriage penalty Now, what this chart doesn’t show is years. Is that early reform? I don’t credit, these benefits which the Demo- in countries where they have done this think so. Is that meaningful reform? crats have proposed to raise, to cut in sort of thing before. The private part of Well, if zero is meaningful, then half the child tax credit and to elimi- the economy contracts. It doesn’t have maybe; but I don’t think it is meaning- nate what was put in place sometime money for investment. It doesn’t have ful reform. ago so that people don’t get a penalty, money for growth. If government takes So let us look at what happens if we don’t pay more tax if two people both 3,331 more dollars out of each taxpayer don’t reform. Again, here is revenue, earn income get married. Under the old in California, as the Democrats have this black line. That is income coming law, a lot of them pay more tax. Now a proposed to do to spend on some of this into the Federal Government, roughly lot fewer of them pay more tax. This stuff, they don’t have that money to the same tax rates that we have today. would get rid of that. Both of these save. They don’t have that money to But look at what happens to spending. phase out over a certain income level. invest. They don’t have that money to It goes from a little more than we are So all of these are geared only for peo- buy things that help stimulate the taking in right now to nearly double. ple at lower income levels. economy. The government has it. The Nearly double if we don’t reform. That Let us look at this chunk. This is the government doesn’t save it. The gov- is why Chairman Bernanke said, Mr. death tax, which can affect all kinds of ernment doesn’t invest it. The govern- Speaker, that we need early and mean- people, whether it is the person who is ment just spends it. And as we know, in ingful reform or this economy is in deceased or whether it is one of the a lot of cases not particularly wisely. trouble, as he said, with future genera- many beneficiaries of someone who is So that is what happens if we leave tions bearing much of the cost. deceased. And we know how the death spending alone. That is why we have a Mr. Speaker, we have a lot of discus- tax has been destructive for family deficit. sion about children around here and farms, family businesses, people want- Even with the Democrats’ proposed what is good for children and how we ing to pass their home that maybe has tax cuts, which is the orange line here, are going to help children. Let me tell been in the family for generations, Mr. Speaker, you see it isn’t going to you something I know is not good for maybe only for a short period of time, work. The spending increases much children, and that is sending them this but they want their children to have it, faster than even after those tax in- kind of price tag for us, for our Medi- and they can’t because the death tax creases. care, our Social Security, our Medicaid got in the way. So I say to the people who have put over the next 15, 20 years, and asking We are scheduled to have the death together the majority budget, what do them to pay double, at least, the tax tax continue to decline. But the Demo- you plan to do here? Are we ever going rates, the tax burden, that we pay be- crat budget has proposed to put it way to deal with this rapid exponential cause we didn’t act.

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7683 b 2115 We have to change the way it works to them over the next few days and We know this is coming. This is not save it. weeks. You will hear that they promise a Republican chart. This is not a That is why Republican budgets will to spend more money on this and spend Democratic chart. This is prepared by say we should save the Social Security more money on that and spend more the Congressional Budget Office, the system. We shouldn’t spend it. That is money on the other thing, and in some Office of Management and Budget. Any why it is part of the American Tax- cases they are definitely planning to do number of nonpartisan government payers’ Bill of Rights, which a group of that. What they are not telling you is agencies agree. All the experts agree. us Republicans introduced a few weeks where they are getting it, and they are On the Budget Committee that Mr. ago, where we said if you pay money getting it right out of your pocket. GARRETT and Mr. BARRETT and I sit on, for your retirement it should only be In some cases, they are going to say every single expert who came in said spent on your retirement. It shouldn’t we are going to spend more money on that this entitlement spending, this be spent on something else. this and spend more money on that and planned growth in spending, is a dis- This isn’t about destroying Medicare grow this program and grow that pro- aster, a budget disaster, that we can or wrecking Medicare, as you will prob- gram; and, as Mr. BARRETT from South see. It is a train coming down the track ably hear demagoguery on the other Carolina said earlier, they don’t actu- right into our eyes. But we are not side. It is about saving it. It won’t con- ally have the money in the budget to tinue this way. There isn’t enough blinded. It is not like we can’t see it, do it. They are just telling you, oh, money. We have to save it, and to save Mr. Speaker. It is right here. We can yeah, we are going to do it. But we will it we must reform it. find the money later. see it. It is right here on this chart. We You will see proposals, you will see know it is coming, and we know the Well, you can be sure where they are reform, but not in the Democratic going to get that money, probably the only way to deal with it is to reform budget that we see today. And that is place they get the other money, right these things. what is so disappointing, Mr. Speaker. So where are they? Where are those out of the American taxpayer. It is the We can’t ignore it. We shouldn’t ignore reforms? What will people do if that only place to go, unless you cut spend- it. It is right there. It is right before top tax rate rises? ing somewhere else, which we are very us. Let me pull out one of these other Our children will look back at this happy to talk about, very willing to do. charts. Just think about it. Doubling time in the future as to what we did That is always something you do in taxes. I realize it is quite a few years with their inheritance. And I don’t budgets, you set those priorities. off, but if we don’t deal with it now, we mean about the death tax necessarily. Yes, it is a budget filled with empty will get there. What does that mean? I I mean the inheritance of optimism promises, except one, the largest tax guess that means the 39 percent rate that is so much a part of the American increase in American history. would go almost 80 percent. That cap- ethos, the optimism that the average Mr. Speaker, American taxpayers de- ital gains would have to go to 40. The American can always do better, that serve better, and I hope that we will estate tax, I guess you just take it all, anyone can lift themselves up, that defeat this budget later this week. which has happened in some countries they can move things forward. f before. The child tax credit, you prob- Instead, this is saying, no, we have to ably get rid of it. And the lowest tax ANNOUNCEMENT BY THE SPEAKER take more of your money. We have to PRO TEMPORE bracket would probably need to go up move things backwards. You may not to 20 or 25 percent. be able to have the same things that The SPEAKER pro tempore (Mr. Those obviously aren’t exact figures your parents had because we need more ALTMIRE). All Members are reminded or anything like that, Mr. Speaker, but of your money for a failed and ineffi- to address their comments to the just to give a sense of what we are cient system. Chair. talking about here if we don’t do some- That is not the America my parents f thing, if we don’t change these proc- left me, it is not the America that I 30–SOMETHING WORKING GROUP esses and change this. Because if you want to leave my children, but it is the look at this chart again, the reason we America that this Democratic budget The SPEAKER pro tempore. Under can see the train coming is, if we do is heading us towards. the Speaker’s announced policy of Jan- nothing, absolutely nothing, to change Mr. Speaker, we do not need the larg- uary 18, 2007, the gentleman from Con- Social Security, that is this one, Medi- est tax increase in American history. necticut (Mr. MURPHY) is recognized for care and Medicaid is this one, interest We need to let people keep more of 60 minutes. on the debt is that one. If we did noth- their money, not less. Families will not Mr. MURPHY of Connecticut. Mr. ing to change existing law, it is not struggle because government doesn’t Speaker, it is good to see you in the like you have to do more, that we have spend enough. Families will struggle Chair this evening. to take action to spend this money. when government spends too much and This has been a pretty amazing first This is the money that will get spent if takes too much of their money. 3 months for a new Member such as we do nothing, if we leave it alone Mr. Speaker, we need a solvent So- myself, who just joined this Chamber under existing law. That is why we cial Security system, a solvent retire- after having watched it from afar for a have to take action, and it is for the ment system, not one that takes the number of years. As our majority lead- kids. money that that is taken out of peo- er said at an engagement earlier to- Our kids can’t bear this burden. Peo- ple’s paycheck for their retirement and night, this has really been one of the ple have said that if we allow this to spends it on other things and not one most remarkably productive Con- happen that my children will be the that is unsustainable, that won’t exist gresses in as long as he can remember first generation of Americans to have a 20 or 30 years from now. being here. That is important. That is lower standing of living than their par- Mr. Speaker, we need a Medicare sys- important to me. ents. We have never had that happen in tem, a healthcare system, where people Mr. Speaker, we are going to be this country, and we should never let it control their own healthcare, where joined later tonight by Ms. WASSERMAN happen in this country. The only way people control their own destiny, not SCHULTZ, who is just beginning her sec- it is going to happen is if we shirk our where the government is telling them ond term. I think she shares a lot of responsibility today, because, gosh, it what to do and telling them how to do the same frustration that the new is 15 years off, let’s deal with it later. it and using one of the most inefficient Members do, that for all of the impor- This isn’t about destroying Social methods and high cost to do so. We tant policy changes that this Congress Security. This is about saving Social have to reform that, or it won’t exist has started, whether you want to talk Security. Because you really can’t pay in the future. about raising the minimum wage, for this. There isn’t enough money in Yes, this Democratic budget is full of starting to repeal some of these mas- the economy. So we have to reform it. empty promises. You will hear about sive tax breaks we have given to the oil

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7684 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 industry, the very important action esting 20–20 hindsight happening on ple for years and years and years that we took on Friday that we will this floor often. We heard just a little thought that the Republicans were the talk about in terms of Iraq and the new bit of it before. A lot the decrying ones that could manage their money direction that this Democratic Con- about the situation that our Federal and the Democrats they weren’t so sure gress is beginning to set on what we do budget has gotten into is pretty curi- on. Well, they finally wised up after a in Iraq, maybe the most important ous, seeing that the reason that I am while to realize that this place wasn’t thing was that we started getting this here in large part is because a whole so responsible even under Republican place to work again and starting to bunch of people out in northwestern rule; that in fact after budget after give our constituents out there faith Connecticut who voted for one person budget that got put before here, that that Congress is back to work for the for 24 years decided that the budget President Bush put before this Con- people of this country. Instead of sort priorities, along with the priorities on gress was rubber-stamped over and of waiting for the special interests and our foreign policy, were gravely out of over and over again and led to some of the lobbyists to line up and come into whack. the most fiscally irresponsible policies the offices of the prior leadership to A $9 trillion deficit, Mr. Speaker. A that this Congress has ever seen, that tell them what they wanted, now actu- President that inherited a budget sur- this Nation, in fact, has ever seen. ally we have got the American people, plus, who ran on very fiscally conserv- Largest Federal debt in the history of middle-class families, working class ative principles, managed to turn that this country, growing by the day. families, their priorities are back in into a record deficit in his first 6 years Now, here is the good news: It’s charge here again. That is what makes in office. A Republican Congress, I am changing. Now, as many times as folks me proud to be part of this group. sure there were some Democrats that on the other side of the aisle want to This is the hour that the 30–Some- were at the trough as well, but a Re- talk and use the term ‘‘biggest tax in- thing Working Group gets to spend on publican-led Congress that was crease in the history of the Federal the floor of the House. I am proud to be complicit in racking up record Government,’’ well, I’m still searching a member of that group, a new mem- amounts of debt that we know are not through that budget resolution, I’m ber, proud that Speaker PELOSI has al- owned in large part by domestic banks still searching through what I am lowed us this opportunity. but are increasingly owned by foreign going to vote on this week and I don’t We are going to cover I think a cou- banks, Asian banks and, in fact, it will see it. I don’t see it because it’s not ple of subjects tonight. We will cer- put us in a very difficult position with there because we are actually going to tainly talk about what happened here when we are sitting down at a table to do the responsible thing. Because what on Friday. negotiate foreign policy with a lot of happened to create this Federal budget But I want to first just rewind for a these foreign debt holders that have deficit was not just these massive tax second, to rewind to what happened fairly decent leverage over us. breaks that they gave away to the when we first got here in January. Be- So we hear a lot about how we need folks way at the top, top, top of the in- cause it is interesting. I watched C– to do something about this deficit. How come bracket, but they also spent SPAN occasionally when I got home it is our children, our children are money in a way that would have your from the campaign trail, I got home going to be crippled under the weight eyes spin to the back of your head if from the State capital where I served of this deficit. They absolutely are. you dug into some of the things they in Connecticut for a few years, so I They absolutely are. were doing here. have some familiarity with some of the A Medicare prescription drug pro- b 2130 talk that goes on in this place. gram that deliberately ties the hands But now I get to sort of listen it to We had 6 years with a Republican of the Federal Government, doesn’t with new ears, because now I listen to President, 6 years with a Republican allow the Federal Government to nego- a lot of the revisionist history that House, a Republican Senate for much tiate lower prices with the drug indus- gets thrown around this place late at of that time. Could have fixed it during try, Mr. Speaker, making millions, night, listen to our friends on the other that time; didn’t get the job done. hundreds of millions, in dollars in prof- side of the aisle, and they are friends. Let’s take a look at this chart for it for the drug industry at the expense It is important to put up this chart, just one second. Let’s make this clear, of American taxpayers. Mr. Speaker, to remind the American when we borrow money, all of this debt A defense policy which asks virtually people that we actually can be friends that we have racked up over the past no questions of how we spend our when it actually comes to putting on several years, it is owned by Japan, money in Iraq. We find out that there the floor of the House of Representa- China, the United Kingdom, Caribbean was $9 billion sent over to Iraq on pal- tives up or down votes on issues that nations, Taiwan, OPEC nations, right lets, thrown out of SUVs in duffel bags, matter to regular, middle-class fami- down the line. That is who owns our unaccounted for; disappeared in that lies out there. foreign debt. That is what places us in country. Stories of these pork barrel We can talk about 68 Republican incredibly compromising positions projects that would make your head votes along with the Democrats voting when we try to bring them to the table spin, the ‘‘bridge to nowhere’’ in Alas- to implement the recommendations of to be a multilateral player in actions ka, simply the tip of the iceberg when the 9/11 Commission. When we raised throughout this world. it comes to some of the frivolous the minimum wage, set that bill on a So here is why I am here: I am here spending that happens from this sup- path forward in this House, we got 82 because people in northwestern Con- posedly fiscally conservative Congress. Republican votes for that. Stem cell re- necticut wanted us to finally challenge You could run through the examples search, passed 253–174, 37 Republicans. this President on his disastrous policy over and over and over again. Mr. Better prescription drug programs for in Iraq. I am here because they were Speaker, we just had a hearing in the our elderly, 24 Republicans. And on and sick and tired of the programs that Government Oversight Committee that on and on. make communities strong, the health I sit on where we found out that the When it matters, where you put up- care programs, education programs, job government does audits, each Depart- or-down votes in front of this House for training programs, we are getting ment does an audit every year to try to things that make lives better for reg- slashed and burned and cut to the bone make sure that we are spending money ular people out there, you are going to by this Congress, while they gave away in a fiscally sound manner, just like have Republicans and Democrats more and more massive tax breaks to any business would, that government agreeing. So we are friends. We are their friends in the upper .1 percent of should act like a business. Well, the friends when we put things before us income earners in this Nation. analogy isn’t particularly apt in a lot we can all agree on. But they are also upset because the of facets. But when you are talking But there has been some revisionist party that I think they thought was, about at least having generally accept- history. There has been some inter- you know, you see it in the polls, peo- ed accounting principles to make sure

VerDate Nov 24 2008 11:37 Apr 16, 2010 Jkt 059102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.001 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7685 that money comes in and goes out in The budget that we are going to vote and National Guard men and women an efficient manner, well, yes, we on will be, as I have learned, this place back home. And to also make sure that should start acting like a business calls a pay-as-you-go budget. It is sim- their families have an opportunity to does. ply this, what every family lives with be a part of their father or their moth- The only agency in the Federal Gov- every day. You want to spend some er’s lives, or their parents having an ernment that can’t give a clean audit new money, show how you are going to opportunity to enjoy their son or year after year after year, the Depart- pay for it. You want to cut some taxes, daughter. And I think that is so very, ment of Defense. Nobody here is put- show how you are going to account for very important as family values, and it ting pressure on them to account for it. Pretty simple budget rule, Mr. is also standing by our word. how they spend money, to make sure Speaker. But not to be too partisan If we can’t stand by our word while that the billions of dollars that we here, it took a Democratic Congress in they are enlisted or federalized to serve hand to the Department of Defense in order to start playing by those very in Iraq and Afghanistan, then how do order to protect this country is being simple rules. they expect for us to stand next to spent in the means that make sure So, Mr. Speaker, I want to want to them and behind them when they are that we are not saddling our children hand it over to Mr. MEEK for some veterans and they are out in the world or grandchildren with the enormous words, who normally gets to kick off of veterans health care? amount of debt that we have racked up this hour. But let me say that it has I can tell you also, Mr. Speaker, that in this Congress. been a proud first three months. Prob- I am very pleased with the fact that we I mean, you want to talk about ably the proudest day I have had was did put something in the legislation spending money wisely, our friends on on Friday, when we came together to that will hopefully point towards rede- the other side of the aisle have to look stand up to the President’s policy in ployment of our troops. This war will themselves in the mirror, have to won- Iraq. It is going to be another proud continue and continue and continue if der why this election happened. I know week this week when we set the budget left up to the President of the United that this war was a major factor in policies of this country straight and we States. But before I start talking about people’s choice at the polls. I also know finally stand up to the President and the action really that we took, passing that were a lot of people in my district, don’t do what every other Congress has that legislation, seeing the voice vote and I have got the run of the economic done, which is take this massive docu- that took place in the Senate last spectrum in the Fifth Congressional ment, throwing our deficit into an in- week, moving on legislation even with District, from people living in places creasingly upward spiral, throwing our a closer time line and different bench- marks, which, Mr. Speaker, you know like New Britain and Waterbury that families into turmoil. We are going to we will come together in conference to used to have good, solid middle-class finally take this very weighted docu- talk about a little further and iron out jobs who are still struggling to get ment and hold it up to the light, not and be able to get a work product to back to that level of sustenance, to just rubber-stamp it. folks that are doing pretty well with It is going to be another good week the President. But as you know, today, March 26 of their lives that have made a buck in here, Mr. Speaker. And with that, I 2007, the number stands at 3,235 U.S. this economy. Those folks at the upper yield to Mr. MEEK. servicemen and women that have died end of the economic spectrum are won- Mr. MEEK of Florida. Thank you so in Iraq; some 13,415 of U.S. troops have very much, Mr. MURPHY. It is an honor dering how this government is spend- been injured and returned back to bat- to be here on the floor with you. I look ing their money. tle. You have to think about it, injured So this week we are going to put a forward to having a discussion not only and then returned back to battle; 10,000 budget before this House. And Mr. with you, but also other Members of U.S. troops have been injured and have MEEK, who has joined us and Ms. the House about what is coming up this not been able to return back to battle. WASSERMAN SCHULTZ, who sits on the week. I know that you alluded to last Hearing those numbers and hearing Appropriations Committee, can talk week’s action that took place here on how they continue to move up, Mr. more intelligently than I can about this floor. Democrats and Republicans Speaker, even speaks further to the this. We are going to finally put a and the majority were able to pass an kind of oversight that this Congress budget before this House that is going emergency supplemental war bill that must have in this conflict in Iraq, this to start to reflect the priorities of the would not only put benchmarks in to civil war in Iraq, I must add, that we American people; we are going to get make sure that the Iraqi Government are officiating. our financial ship in order. All the is doing all that they should do to We know that the President had a things that folks over there talk about make sure that they carry out their re- press conference after we took our ac- are actually going to be reality in this sponsibility since the U.S. taxpayer tion here on the floor. I want to com- budget. will be spending over $100 billion and mend the Members again who voted in We are going to make sure that we counting over in Iraq in this piece of the affirmative to make sure that we invest in the programs that make legislation, this supplemental, but also were able to take action, the first time America strong. We are going to make the $400-plus billion that have already the U.S. Congress has taken action sure that we end this disastrous policy been spent. with benchmarks, even against profit- of unbalanced budgets. We can do it in And also security for the troops, eering with U.S. contractors that are the next 5 years. That budget says that making sure that Department of De- the third largest, you may call it coali- we can and we will. And it is going to fense regulations, Mr. Speaker, that tion partner, or the second largest out- continue at a pretty important prece- have been put forth to protect our side of U.S. servicemen and women in dent that we have set in this Congress, troops, that they have what they need: Iraq. You would assume that there are which is to change course on some of the up-armor that they need, the train- other countries in the world, since this the most disastrous policies of this ad- ing that they need, the equipment that is such a world issue that the United ministration, particularly the vote they need, the personal equipment that States is involved in, you would as- that we took on Friday on the war in they need. sume that there would be a number of Iraq, and I know that we will talk And also making sure that our countries before U.S. contractors, but about that, but also start to get our troops, as it relates to their rotation U.S. contractors are the second largest fiscal ship in order, to put our money into theater, that they actually get an number of individuals that are there. where our mouth is. opportunity to have a Defense Depart- Mr. Speaker, when I talk about these It is one thing for people to come up ment that has to do what they said numbers and when we talked about the to this dais day after day after day and they would do, and making sure they action last week, the President, then talk about fiscal responsibility. It is have enough time to be with their fam- he sprung into action. He had a press another thing to actually do it and put ilies, make sure they are able to main- conference talking about how the Con- it into practice. tain a job, those that are Reservists gress is now holding dollars back from

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.002 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7686 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 our men and women in theater and b 2145 gress and across the hall in the Senate, asking us to please stop. Well, I am There is not a National Guard unit our obligation is to the individuals glad that I lived long enough over the right now that is ready to go to battle. that have sent us here. Our constitu- weekend to come back here to the Now, what do we mean by readiness? ents that have Federalized us here to floor, Mr. Speaker, to not only share Making sure that they have the equip- make decisions on their behalf. with the President, but those that may ment, making sure that they have We are not generals. Some of us think that by us standing up on behalf enough personnel to be able to rise to served in the military, some of us did of veterans health care, by us making the occasion, all the specialists that not serve in the military, some of us sure that Walter Reed Hospital gets are needed, all the striker brigades never wore a uniform in our lives, but the necessary dollars they need to be that are needed. We have 100 of them, I can tell you this much. We have been able to take on the influx of men and but we are not at the readiness level sent here to watch over the U.S. tax- women coming back from theater that that we need to be, and we haven’t payer dollars, have the well-being of are injured of the 10,772 that cannot been at this low level that we are now our U.S. troops that are allowing us to and will not go back to theater and the since the Vietnam war. I am not giving salute one flag, and to make sure that 13,415, when that number continues to out any national secrets. Everyone our number one obligation is to be increase, that when they get their care knows that this is the case. So if we loyal to the American people, and not in the field and then they move on to know the obvious, why not take care of one person. Germany and they get even further it? So I speak very firmly and I stand care, and some of them have to come We are doing more than what the very firmly on this point. Because I sat back here to Washington, DC to even President has asked for. The President here the last 4 years in the minority get physical therapy and all the things just has a problem. Do you know what not having an opportunity to be a part that they need to get back to the the- the problem is? It is the fact that the of the decisionmaking, not even being ater, if that is stopping the dollars Congress has said: Guess what, Mr. able to agenda a bill in committee or from getting to the troops, then I President. I know you have been saying subcommittee, not able to bring a bill think that we need to go back to a a lot over the last 4 or 5 years of this up here on the floor that the Repub- civics lesson of what this is all about. war, now within its fifth year, the third lican majority did not allow me to. I escalation of troops that you have sent We are putting dollars in what the mean, under the rules, they didn’t over to Iraq; and we pass a nonbinding allow me to. To now say, well, the Republican majority did not put in. resolution in the majority and Repub- Anything that the President asked for, President says that we are holding up licans voted for that, too, saying that dollars, emergency dollars for the war the Republican majority rubber- we disagree with that philosophy. The stamped it. As a matter of fact, the Re- in Iraq? American people are far beyond the Let me just share a few other things, publican majority in the last Congress President on this issue. So we are here and then possibly we can go into an ex- was so loyal to the President of the to represent the American people. change. United States that whatever he said, The second point, when you look at In the summer of 2005, there was a whatever he wanted, they did it. And this issue of the binding resolution, it shortfall as it relates to veterans’ guess what, Mr. Speaker? I am here to says that if the Iraqi government does health care, $2.7 billion. report that that is one of the big rea- not meet the benchmarks set by who, In March of 2006, the President’s sons why we have a Democratic major- the President of the United States, budget cut funding by $6 billion over 5 ity right now in the U.S. House of Rep- George W. Bush, then the redeploy- years that was passed by a Republican- resentatives and in the Senate. Some ment of troops will start. The clock controlled Congress. And the first 30-odd seats were lost living under that will start at that point for a redeploy- time, Mr. MURPHY, that we had an op- philosophy. And all of the hours that ment of a number of troops within 6 portunity to do anything, when I say we spent on this floor, all of the hours months. the Democratic majority, the first ac- What else took place? The President that we spent in committee saying tion, and it was because of the inaction said that it is important that we are that if you give us the opportunity to by the Republican Congress that did not there forever. Well, still living lead, we will lead. Democrats, Repub- not pass the appropriations bills on under going in the old direction, the licans, Independents and some Ameri- time, that we passed a continuing reso- President wants the prerogative to be cans who never voted before in their lution to keep this government run- able to say, well, they are going to be life went out and voted last November. ning, and what did we do? there as long as they need to be there, Now, the President can have a press Well, we went into that bill and we and there is not necessarily a plan, and conference, that’s fine, he is the Presi- made sure some of the special interest you haven’t given an opportunity for dent of the United States. I can go out tax breaks and all of the things that the plan to work of the new escalation and have a press conference. The bot- the Republicans had in place, being of troops. tom line is let’s not have the people of Well, guess what? We saw plan one, loyal to individuals that had great in- the United States of America feel that and the violence did not go down. We fluence in this House, and I am not the U.S. House and the Senate are sat here and watched plan two, and the talking about Members, I am talking holding money back from the troops. violence did not subside. They weren’t about outside forces. We took $3.6 bil- As a matter of fact, we have given using Vice President CHENEY’s, the en- lion of the U.S. taxpayer dollars to in- more than what the President called emies are in the last throes of their in- crease the VA health care program and for as it relates to armor. We’ve given surgency, later to find out that that is to make sure that their budget was in the troops more as it relates to troop not the truth. place so that our veterans would have safety and force protection. We’ve So I guess we are just are supposed to somewhere that they can get care and added three new brigades to the Ma- continue to go on and on and on. their families. rines. We’ve added 36,000 more soldiers So, Mr. MURPHY, I guess when we That was our action. The President to the Army to make sure we are at start looking at the benchmarks, that didn’t ask for that. As a matter of fact, the readiness level. Under the Repub- is the problem. Why doesn’t the Presi- the President didn’t even want it. But lican majority of the 109th and the dent say, that is my problem; I have a we did it because it was the right thing 108th Congress, as this war started and problem with the fact that the U.S. to do, and that was prior to the Walter continued to escalate to the numbers Congress is saying they no longer want Reed. of where it is now, our readiness levels, to go with my original thoughts? There I keep saying that because that is so and when I speak of readiness levels, is nothing wrong with that. He is an very, very important. People think Mr. Speaker, I speak of the fact that if American. He can say it. that politicians and some folks do we had to go into another conflict, we But the bottom line is every last one things just because somebody was are not ready. of us sitting in these seats here in Con- looking or somebody said that you

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I understand that this is there that should not be in there and past.’’ That is from the National Com- a very difficult subject that has divided things that I didn’t ask for. Well, guess mander of Disabled American Vet- people for a number of years. Over the what, we have to ask for it. I am even erans. That press release was March 21, past several years, people, large num- going to go down memory lane again. 2007. ‘‘The American Legion and its 2.8 bers of people came to the conclusion January of 2003, the same adminis- million members applaud the Budget that we needed to change course from tration, President Bush cuts veterans’ Committee for the budget resolution the President’s policy, that we needed health care for 164,000 veterans. recommendation for $43.1 billion in dis- to put a Congress here that is going to March of 2003, Republican budget cut cretionary funding for veterans. Your start standing up to this guy and in- $14 billion from veterans’ health care, recommendations are close with the sisting that there are some other fights passed by the Congress, with 199 Demo- views that are estimated, that was es- that matter in this world, and that we crats voting against it. That is House timated by the American Legion ear- need to invest back in Afghanistan, Concurrent Resolution 95, vote number lier this year.’’ That is by the legisla- that we need to make sure that our 82. tive director and the lead on the Amer- borders here are protected and that we March, 2004, Republican budget ican Legion. needed to start redeploying our forces. shortchanged veterans health care by I think it is very, very important So I get that we had to go to a na- $1.5 billion. It was passed by the Con- that Members understand that. Vet- tional referendum in order to set a new gress, 201 Democrats voting against it. eran groups are 110 percent, 110 per- course. That is an important issue that That is House Concurrent Resolution cent, Mr. Speaker, about what this has divided people. 393, vote number 92. Democratic-controlled Congress is Now, people have come down pretty March, 2005, President Bush’s budget doing; and we are just getting started. firmly in the past 12 or 18 months on shortchanged veterans’ health care by This is Monday. We are talking about the side of a new direction. That is why more than $2 billion for 2005 and cut the things that we need to put in place Friday, to me, was maybe the most veterans’ health care by $14 billion to make sure that our men and women gratifying day in the short number over 5 years. That was passed with 201 need to have what they need to have that I have been here. But, Mr. MEEK, Democrats voting against it. That is when they are in theater and when I don’t get why we had to have an elec- House Concurrent Resolution, vote they are out of theater. tion to decide to support veterans. number 88. I challenge the President to think Mr. MEEK of Florida. If I may, and I think it is very important that we within his heart and within his mind then I will yield and you can share all outline that. that he would turn a new leaf, and the great information. And Ms. Just like I said here earlier when I making sure that when we send this WASSERMAN SCHULTZ happens to be in talked about the 2005 shortfall, after emergency supplemental to his desk, if between us today, so all we need is Mr. Democrats pressured the Bush adminis- he vetoes it, it will be his action that RYAN down here, and she will have a tration and finally acknowledged that will be delaying the dollars to go to our real challenge. But I can tell you from the 2006 shortfall for veterans’ health men and women in harm’s way. past experience of serving with her for care totaled $2.7 billion, Democrats I have said once before last week, Mr. 12 plus years now that she is very capa- fought all summer to make sure that Speaker, I voted for two emergency ble of rising to the occasion here. those dollars were placed back in the supplementals, a lot that I did not Let me just point out, just today, Mr. right direction as it relates to vet- agree with, but the last thing I wanted MURPHY and Ms. WASSERMAN SCHULTZ, erans’ health care. to do was to leave our men and women we took a vote. We took a vote saying Also in March, 2006, President Bush’s in harm’s way without the necessary that we would like for the appointed budget cut veterans’ funding by $6 bil- funding that they need. So if I, some- U.S. District Attorneys to come and be lion over 5 years, passed by the Repub- one that has a different opinion than confirmed before Congress. Something lican-controlled Congress and, like I the President and the old Republican that is very, very important, giving the said, at $3.6 billion. majority as it relates to this war in chief judge an opportunity to appoint a Mr. Speaker, we come to the floor Iraq, we are all Americans first and, temporary U.S. District Attorney, for and we mean business. We are not com- guess what, life is not perfect and ev- that opportunity to take place because ing here to have a press conference and erything is not going to come the way of what is happening now in the Jus- talk to some folks that may not quite you want it to come when you want it tice Department. And I think it is im- understand exactly what is going on to come. portant. I saw Ms. WASSERMAN SCHULTZ day to day in Congress. That is why we There are other people in this democ- earlier talking today about this very are here. We are here to make sure the racy that have something to say about subject. American people know exactly what is it, and I know there are Republicans in But, on the Republican side, you going on here. America that feel the way the way that have some Republicans that are saying The reason why we speak very pas- we feel. I know that there are Inde- it is just horrible of what is happening. sionately about, you may say, well, it pendents in America that feel the way Because if what we think or believe is Iraq, Iraq, Iraq, Iraq and, guess what, we feel, and I know that there are what happened, these political ap- that other issue, Iraq. The reason we Democrats and those that are looking pointees and then they got taken out speak very passionately about that is to vote in coming elections to be a part because they were either going after that we have seen so much on this floor of this democracy. someone that the administration did and so many words that Mr. MURPHY So I come very proud of the work not want them to go after or they talked about earlier, Members going on that has been done and the work that weren’t going after certain individuals passing out inaccurate information will continue to be done here in this as it relates to political motivation. every now and then, or the spirit of the House. And under what we may call regular information, whichever way you want Mr. MURPHY of Connecticut. Mr. order in the 109th Congress or the 108th to frame it, and to see the hard-core re- MEEK, just as a transition to Ms. Congress or beyond, the kind of grip ality of these issues are still not ad- WASSERMAN SCHULTZ, I would just say, that this administration had over the dressed. elections matter; and there is probably House and the Senate, the chokehold I had something here where all of the no better example of that in recent his- that they had over the House and Sen- veteran groups, I must add here, Mr. tory than the election in November. ate, this would have never been an

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.002 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7688 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 issue. It never would have been fol- I asked for their resignation, we have who said what, and there may be a lot lowed up on. There never would have some other needs, we are moving in a of terms that may not seem like it been a hearing. different direction, whatever he said, matters to regular people. Guess what? Now, Mr. Speaker, there just be straight with the American peo- The heart of the matter is the dif- are hearings in both House and Senate, ple. Just be straight with the Congress. ference between America and some and now the Attorney General is get- If he had said, yes, I asked for their Third World nations out there is we ting caught in his own words. One resignation, I can do that, I am the have a system of blind justice which minute he had nothing to do with it, President. Fine. holds people accountable for their ac- and he didn’t know what anyone was But, instead, it is fabrication, it is tions based on whether they were right talking about. Now we understand that distortion, it is no, it was not him, it or wrong, whether they broke the law he led a meeting even talking about was the guy behind the tree. It was his or didn’t break the law; not whether this issue. mother. Just own up to what you did. they have some powerful friend sitting So when you look at it, and Mr. MUR- Now, if the problem is what you did, in the halls and corridors of power in PHY and Ms. WASSERMAN SCHULTZ, 329 you asked for their resignation because Washington, DC or their State legisla- Members of the House. It goes to show they were too good at their job and ture. That is what separates this coun- you, with the right leadership in place, they were pursuing public corruption try from a lot of other places in the we have a Democratic majority, Repub- cases against Republicans, and we have world where you can get hauled off to licans will vote, some Republicans will colleagues that picked up the phone jail simply because you have fallen in vote and move in the right direction. and put some pressure on these U.S. disfavor with someone who is in a high Only one Member of the Republican Attorneys whose resignation ulti- political position. That is the essence leadership voted for this commonsense mately was asked for, that is a horse of of the genius of this country, that we approach. There are still Members on a different color. have made sure that our legal system the Republican side that are in the But this would have never exploded operates separate from our political leadership that are still holding on to to the level it has if they had just said, system. what used to be. The election took yes, we did. What I pointed out in my There is going to be a lot of commo- place last November. You would think, conversion with Mr. PUTNAM, in past tion about Executive privilege. What it well, maybe the American people are years, and I was happy to see he was comes down to is what may have hap- not with this. frustrated and concerned and there is pened is that this administration vio- So I am just saying that this issue is bipartisan concern about the action lated one of the basic principles of continuing to evolve, and I bring these that this administration has taken re- American democracy: don’t mix justice examples up so that the Members can peatedly on the war in Iraq, on the U.S. with politics. see that we have a lot of work to do. It Attorney firings, and on the handling And you are very right, maybe people is not about partisanship. This is about of the Valerie Plame issue, and the list wouldn’t have found out about this if leadership, and we are providing the goes on and on. we did have Democrats in the majority. leadership here. Had there not been Democrats in Ms. WASSERMAN SCHULTZ. We ab- I know Ms. WASSERMAN SCHULTZ who charge of the Congress, this would have solutely have to make sure that we serves on the Judiciary Committee can been another thing that would have continue to exercise the system of speak more eloquently on this issue. been swept aside. They would have checks and balances in our oversight But this is one example amongst many. moved on or waited it out. They would role here. If we don’t, I am really fear- You called out those bipartisan votes have squeezed their eyes tight shut and ful about what else. And we have al- at the beginning of the hour. We have hoped that this, too, would pass. ready seen the evidence of how far this to continue to embrace bipartisanship Mr. MURPHY of Connecticut. I know administration will push and how ob- because that is what the American peo- that some of this administration are sessed they are with the notion of a ple want. They don’t want us to be supposedly not great students of his- unitary Executive and the concentra- Democrats and Republicans. They want tory; but if you read of recent Presi- tion of power that they have tried to us to be Members of Congress watching dencies, you might find out if you tell gather in the Executive, through sign- out for the better good. the truth right off the bat, you get ing statements which are notations, yourself in a lot less trouble than if whole paragraphs and pages and pages b 2200 you try to place the blame. of notations on legislation that we pass Ms. WASSERMAN SCHULTZ. Thank Ms. WASSERMAN SCHULTZ. I want here. you, Mr. MEEK and Mr. MURPHY, it is to go back to my ‘‘mom’’ analogy that We will say ‘‘X’’ must happen. And in great to be here again. I had last week. It is like how I deal a signing statement, the President will I had an opportunity to engage in with my kids. I told them, as all little actually write a note that says why he some dialogue with the caucus chair- kids, they get nervous when they have doesn’t have to do ‘‘X’’ even though man on the Republican side, the gen- done something wrong. Sometimes Congress passed a law and he signed it. tleman from Florida (Mr. PUTNAM). I they might not be completely truthful. He has exercised more than any other fully expected to be engaged in a point- And I have sat them down time and President combined the so-called right counterpoint discussion on the U.S. At- again, and said, listen, honey, if you to, essentially if he doesn’t think a torney General and the U.S. Attorney just tell me the truth right away, it is provision in the law that we have scandal, and that he would be defen- going to be easier. I might be a little passed is constitutional, he has exer- sive, as many of his colleagues have mad, but I am going to be more upset cised his belief that he can ignore it or been. But knowing Mr. PUTNAM as we if I find out you lied on top of a lie. not implement it. That is what the ju- do, he was very frustrated. He ex- Young kids might not completely un- diciary is for. pressed deep concern. He was beyond derstand this, but grownups like the So between signing statements and comprehension how the administration President and the Attorney General the abuse of power with the PATRIOT could have dealt with this problem in can certainly understand the more you Act and National Security Letters and the way that they did. stretch the truth, because we have to essentially not being entirely straight- I was asked how I felt about it as a be careful about the words we use here, forward, for lack of a better term, I am member of the Judiciary Committee. the harder it is to remember the last coming up with a lot of adjectives and Quite honestly, under normal cir- one you told, the last version of the synonyms for the ‘‘L’’ word here, there cumstances the President does have truth you told. is an incredible effort being made that the right to appoint and unappoint and Mr. MURPHY of Connecticut. Ms. seems to require more energy than the ask for the resignation of U.S. Attor- WASSERMAN SCHULTZ, there is going to straight-up truth does. neys that serve at his pleasure. Had it be a lot of stuff over the next couple That is why the oversight role is so been a matter of him just saying, yes, months about Executive privilege and important. If we are not here asking

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.002 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7689 questions, then the administration will ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE home, the kids that have gone, come run rough shod over the Constitution. The SPEAKER pro tempore (Mr. back, gone, come back, and they are They have proven that. ALTMIRE). All Members are reminded going back again, the reason you hear Mr. RYAN of Ohio. The sense I am to refrain from engaging in personal- about why these kids want to go back getting from my district now is that ities toward the President. and you think why would you want to this is all fine probably if everything is Mr. RYAN of Ohio. Mr. Speaker, I go back, they want to go back because going okay for everyone else. But the thank the Speaker, but this Congress their buddies are still there. They feel fact that things aren’t going well, peo- wants to add up to $50 billion to cover like if they go back that they will be ple are struggling to pay for their $50 million of new children on the able to save their lives. health care and college tuition. They State Children’s Health Insurance Pro- The last couple of funerals I have are living paycheck to paycheck, bank- gram. We want to get the Pell grant up been to with kids who were stop-loss ruptcies are up, foreclosures, and kids to at least $4,600 and we reject the and were supposed to come home but are getting killed because of an admin- President’s proposals for cuts. ended up staying longer than they istration that has been less than forth- Now, imagine the leadership in the probably should have and ended up not right with the facts. I think that is United States of America in 2007, Mr. making it back, the reason they want- what is stirring among the American Speaker, 2007 where he is going to say ed to go back in the first place was to people. we want to not fund Pell Grants, we protect their friends, and that is the That is what happened in the elec- want to not fund children’s health in- heroism, that is the valor, that is the tion in November; and I think quite surance and we want to continue to nobility of the cause. That is why these frankly the key to moving the kind of spend $2 billion a week in Iraq. kids go back. agenda we want to move here is going Ms. WASSERMAN SCHULTZ. I To talk about that the debate last to be organize and tap that energy that thank the gentleman. On Friday, what week, and many of us did not get an is back home in a lot of our districts. we said was no more blank checks, no opportunity to speak for a variety of different reasons, but to hear, Mr. Unless we do that, we are going to more war without a strategy and a plan Speaker, some people say that if we struggle. But I think we have the wind to get our men and women in uniform bring these kids home, somehow that is at our back. We have the American home, no more sending troops over into going to make us less safe here in the people at our back. They like what we combat, into harm’s way without the United States, is an appalling argu- are doing. There are good responses armor they need, without the prepara- ment, that this administration and from the bill we passed on Friday. tion they need, without the rest they need. All of those items were in that this Republican Congress would rubber Iraq War supplemental. stamp this war to go over there, and b 2210 The alternative, what the President that National Intelligence Estimate We have got to get out of Iraq, and preferred, was just give me the money, has told us that this war has created this President does not have the credi- just give me the money; do not ask me more terrorists, not less. It has created bility to I think withstand the kind of any questions. He was opposed to his terrorists, Mr. Speaker, and then now pressure that is coming from the Amer- own benchmarks. The benchmarks that that we have thousands and thousands ican people. The American people want he laid out on January 10 were in the and thousands of more people gunning out. They are tired of watching what is bill, the ones that he said the Iraqi peo- for us here, these folks have the audac- happening. Five more soldiers got ple have to meet, that the Iraqi leader- ity to tell us, Mr. Speaker, that some- killed, more kids maimed, more kids ship has to meet, and we added some how us bringing our kids home is going injured, more kids at Walter Reed, that said, you know what, you have to to make us less safe. Now, that, to me, is appalling and to more kids go into a VA system that is make sure that you think about pro- continue that kind of disjointed logic less than adequate, and the American tecting the men and women we are is unacceptable to me because we have people are looking for the kind of sending over there. kids in our districts who are not back changes that you have talked about, Mr. RYAN of Ohio. We said that you home. They are either in Iraq, and Congressman MEEK has talked about. said these are the benchmarks, and many of them have gotten killed under The bottom line I think is this, and guess what, we are going to hold you the guise of the war, and to tell us that whether you are talking about the war accountable for what you have said, be- by bringing our kids home and getting or anything else. For the war, it is cause up to this point, you have been like, well, there is only two options them out of a civil war is going to saying whatever you want and there make us less safe does not make any here. We either go down the road the has not been the kind of force of law sense because all of the intelligence in President has taken us down and keep which we passed out of here on Friday. the whole world is saying this war in going or we have this alternative that Ms. WASSERMAN SCHULTZ. Words Iraq has completed the final piece of we presented to get us out in the next are nice, but when you go, like each of the fanaticism of the Middle East. year, hopefully earlier. An alternative us have, to Walter Reed Army Medical We have given anyone who kind of to not going with our proposition is to Center and you look those troops in wanted to join but did not really want continue to give the President a blank the eye and you have a chance to spend to, they are now joining. They are now check, continue to have kids get killed, some time with them, the words ring a part of everything. They are now a continue to not have a plan with abso- really hollow unless you know you can part of the terrorist groups. They are lutely no explanation as to what we are back those words up with some action, now a part of the terrorist organiza- doing over there. No one even knows with some commitment, with some be- tions. They now hate the United States anymore. lief in the mission and understand how more than they ever have, and so I find To go along with the President’s devoted these men and women are to the whole operation appalling. budget means that as we look through getting the job done. Mr. MURPHY of Connecticut. What our notes here and the research we did, I mean, listen to some of the folks we have gotten ourselves into, this is a 1 million children who are currently that are in that hospital, they all, to a religious war. covered under the SCHIP program will person, have told me when I have been Mr. RYAN of Ohio. Civil war. get cut out of it. Our plan, invest $50 there, they want to go back. They want Mr. MURPHY of Connecticut. This is billion to cover millions of children to get better, and they want to go back a religious war that we helped to cre- who are currently uninsured. Which to join their comrades, their buddies, ate in part. It did not exist until the way do you want to go? I mean, this is and help finish the job, but we have to bull sort of rushed into the China shop, not brain surgery. The President wants make sure that we have their back. but I think we all find it appalling, to continue to give tax cuts to the top Mr. RYAN of Ohio. Is that not inter- some of us, this simplistic terminology 1 percent. We want to cover kids with esting that the soldiers we talked to, that gets rolled out here that we can- health care, without raising taxes. Mr. Speaker, at Walter Reed, back not leave until victory has been

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achieved. Explain to me what victory If the gentleman would like to talk Mr. ALLEN, for 5 minutes, today. is because if we have to stay there about our Web site. (The following Members (at the re- until we have completely eliminated a Mr. RYAN of Ohio. Our e-mail is quest of Mr. JONES of North Carolina) civil/religious conflict, well, it was not [email protected] if to revise and extend their remarks and raging for the decades before we got any Members would like to e-mail us or include extraneous material:) there and is one that has almost no his- visit us at www.speaker.gov/ Mr. POE, for 5 minutes, today and torical bounds. That is a difficult vic- 30something, e-mail us, March 27, 28, and 29. tory to ask our brave men and women [email protected]. Mr. GARRETT of New Jersey, for 5 to achieve, to try to somehow reme- Mr. MURPHY of Connecticut. The minutes, March 27. diate a dispute between Shia and Sunni Web site now, Mr. RYAN, is updated. Ms. GRANGER, for 5 minutes, today. that cannot be resolved through the Mr. RYAN of Ohio. All of the new Mr. FRANKS of Arizona, for 5 minutes, military actions of our men and statistics from our budget will be on today. women. there, I am sure. Mr. BURTON of Indiana, for 5 minutes, Victory is much broader than that. I think this is an appropriate time to today and March 27, 28, and 29. Victory is about going after the fight make the announcement of our key f that really mattered in the first place staffer for years and years and years ADJOURNMENT which is in Afghanistan, Mr. Speaker. here at the 30-something Working Victory is about making sure that we Group, Tom Manatos has gotten en- Ms. WASSERMAN SCHULTZ. Mr. secure our borders here at home; that gaged. He is going to be married to a Speaker, I move that the House do now every container that comes into Amer- beautiful young Republican. adjourn. ican ports gets checked; that every air- Ms. WASSERMAN SCHULTZ. Who The motion was agreed to; accord- port has the proper screening tech- works at the White House. ingly (at 10 o’clock and 23 minutes nology to make sure that the ports of Mr. RYAN of Ohio. Who works at the p.m.), under its previous order, the entry who brought in the terrorists White House, and the engagement, I House adjourned until tomorrow, Tues- who harmed this country have all the guess, was blessed by the Greek Ortho- day, March 27, 2007, at 10:30 a.m., for technology they need to make sure dox archbishop. How about that for off morning hour debate. that it never happens again. to a good start? f Mr. MURPHY of Connecticut. The bi- b 2220 EXECUTIVE COMMUNICATIONS, partisan spirit preached by the 30- ETC. That’s victory in the end. So it’s something working group put in prac- frustrating as a new Member to come tice. Under clause 8 of rule XII, executive down here and to listen to this new ter- Ms. WASSERMAN SCHULTZ. Ab- communications were taken from the minology get thrown out there that sorbed, even, by the 30-something lead- Speaker’s table and referred as follows: doesn’t have any basis in reality. That ership. 960. A letter from the Principal Deputy As- is part of what we did on Friday as Mr. RYAN of Ohio. Right up to the sociate Administrator, Environmental Pro- well, to start to broaden that defini- staff level. tection Agency, transmitting the Agency’s tion of what victory means and try to final rule — Approval and promulgation of Mr. Speaker, we yield back the bal- State Plan for Designated Facilities and Pol- challenge the people to rise to that. ance of our time. Mr. RYAN of Ohio. On behalf of the lutants; Florida: Emissions Guidelines for f Small Municipal Waste Combustion Units American people, I think they are try- LEAVE OF ABSENCE [EPA-R04-OAR-2006 -0140-200605(a); FRL-8276- ing to see what we are trying to do. We 7] received February 27, 2007, pursuant to 5 are trying to end this war, stop the By unanimous consent, leave of ab- U.S.C. 801(a)(1)(A); to the Committee on En- killing of our own kids, stop the maim- sence was granted to: ergy and Commerce. ing of our own soldiers, get them out of Mr. KANJORSKI (at the request of Mr. 961. A letter from the Principal Deputy As- a civil war, try to calm down what’s HOYER) for today and the balance of sociate Administrator, Environmental Pro- happening, stop the $8-plus billion a the week on account of personal busi- tection Agency, transmitting the Agency’s month that we are spending over there, final rule — Approval and Promulgation of ness. Air Quality Implementation Plans; West Vir- and try to take some of that money Mr. LAMPSON (at the request of Mr. ginia; Amendments to the Minor New Source and invest that into our own students, HOYER) for today and the balance of Review Program [EPA-R03-OAR-2006-0915; our own kids. the week. FRL-8276-3] received February 27, 2007, pur- I was, just before I got here, having Ms. MILLENDER-MCDONALD (at the re- suant to 5 U.S.C. 801(a)(1)(A); to the Com- dinner with an old friend of mine, who quest of Mr. HOYER) for today and mittee on Energy and Commerce. is a Republican. He said, we have spent March 27. 962. A letter from the Principal Deputy As- sociate Administrator, Environmental Pro- $400 billion, soon to be $500-and-some- Mr. UDALL of New Mexico (at the re- billion dollars on this war. Can you tection Agency, transmitting the Agency’s quest of Mr. HOYER) for today and final rule — Outer Continental Shelf Air just imagine, we could have covered all March 27. Regulations Consistency Update for Alaska of our citizens for health care, we could Mr. WAMP (at the request of Mr. [EPA-R10-OAR-2006-0377; FRL-8249-2] re- have paid for everyone’s college edu- BOEHNER) for today on account of at- ceived February 27, 2007, pursuant to 5 U.S.C. cation, and, you know, gotten some tending his son’s 20th birthday. 801(a)(1)(A); to the Committee on Energy and Commerce. stuff done in this country. f Instead, we have $500 billion, we have 963. A letter from the Office of Managing well over 3,000 kids have gotten killed, SPECIAL ORDERS GRANTED Director, AMD-PERM, Federal Communica- adults and soldiers, some 25,000 maimed By unanimous consent, permission to tions Commission, transmitting the Com- mission’s final rule — Amendment of Part 97 or injured and God knows how many address the House, following the legis- of the Commission’s Rules To Implement innocent Iraqi civilians, many of them lative program and any special orders WRC-03 Regulations Applicable to Require- children. heretofore entered, was granted to: ments for Operator Licenses in the Amateur Ms. WASSERMAN SCHULTZ. As we (The following Members (at the re- Radio Service [WT Docket No. 05-235] conclude, the President is so stubborn quest of Mr. TANNER) to revise and ex- Amendment of the Commisison’s Rules Gov- and so ‘‘my way or the highway,’’ that tend their remarks and include extra- erning the Amateur Radio Services [WT his own definition of victory, the neous material:) Docket No. 04-140] received February 27, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- benchmarks that we have put in this Mr. CONYERS, for 5 minutes, today. mittee on Energy and Commerce. bill, he is threatening to veto. That is Ms. WOOLSEY, for 5 minutes, today. 964. A letter from the Office of Managing what is mind-boggling, even when we Mr. DEFAZIO, for 5 minutes, today. Director, AMD-PERM, Federal Communica- insert his milestones. Still, that is not Mrs. MCCARTHY of New York, for 5 tions Commission, transmitting the Com- acceptable. minutes, today. mission’s final rule — Rechannelization of

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A letter from the Office of Managing designate the United States customhouse UEL, Mrs. MALONEY of New York, Mr. Director, AMD-PERM, Federal Communica- building located at 31 Gonzalez Clemente Av- RANGEL, Ms. SCHAKOWSKY, Mr. tions Commission, transmitting the Com- enue in Mayaguez, Puerto Rico, as the DEFAZIO, Mr. ACKERMAN, Mr. MCNUL- mission’s final rule — Petition of Mid-Rivers ‘‘Rafael Martinez Nadal United States Cus- TY, Ms. WATSON, Mr. UDALL of New Telephone Cooperative, Inc. for Order De- tomhouse Building’’ (Rept. 110–70). Referred Mexico, Mr. RENZI, Mr. GRIJALVA, claring It to be an Incumbent Local Ex- to the House Calendar. and Mr. PAYNE): change Carrier in Terry, Montana Pursuant Mr. OBERSTAR. Committee on Transpor- H.R. 1678. A bill to amend the Torture Vic- to Section 251(h)(2) [WC Docket No. 02-78] re- tation and Infrastructure. H.R. 1138. A bill to tims Relief Act of 1998 to authorize appro- ceived February 27, 2007, pursuant to 5 U.S.C. designate the Federal building and United priations to provide assistance for domestic 801(a)(1)(A); to the Committee on Energy and States courthouse located at 306 East Main and foreign programs and centers for the Commerce. Street in Elizabeth City, North Carolina, as treatment of victims of torture, and for 966. A letter from the Office of Managing the ‘‘J. Herbert W. Small Federal Building other purposes; to the Committee on Foreign Director, AMD-PERM, Federal Communica- and United States Courthouse’’ (Rept. 110– Affairs, and in addition to the Committee on tions Commission, transmitting the Com- 71). Referred to the House Calendar. Energy and Commerce, for a period to be Mr. OBERSTAR. Committee on Transpor- mission’s final rule — Communications As- subsequently determined by the Speaker, in tation and Infrastructure. H.R. 753. A bill to sistance for Law Enforcement Act and each case for consideration of such provi- redesignate the Federal building located at Broadband Access and Services [ET Docket sions as fall within the jurisdiction of the 167 North Main Street in Memphis, Ten- No. 04-295; RM-10865] received February 27, committee concerned. nessee, as the ‘‘Clifford Davis/Odell Horton 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Ms. ROS-LEHTINEN (for herself, Federal Building’’; with amendments (Rept. Committee on Energy and Commerce. Mr. LINCOLN DIAZ-BALART of Florida, 110–72). Referred to the House Calendar. 967. A letter from the Office of Managing Mr. MARIO DIAZ-BALART of Florida, Mr. HASTINGS of Florida. Committee on Director, AMD-PERM, Federal Communica- Mr. BURTON of Indiana, Mr. MAHONEY Rules. House Resolution 269. Resolution pro- tions Commission, transmitting the Com- of Florida, Mr. SIRES, Mr. MACK, Mr. viding for consideration of the bill (H.R. 835) mission’s final rule — Amendment of Section PENCE, Mr. BILIRAKIS, Mr. BUCHANAN, to reauthorize the programs of the Depart- 73.202(b), Table of Allotments, FM Broadcast Ms. WASSERMAN SCHULTZ, Mr. ment of Housing and Urban Development for Stations. (Hennessey, Oklahoma) [MB Dock- FORTUN˜ O, Mr. MCCOTTER, and Mr. housing assistance for Native Hawaiians et No. 05-85; RM-11164] received February 27, HASTINGS of Florida): 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the (Rept. 110–73). Referred to the House Cal- H.R. 1679. A bill to protect the environ- Committee on Energy and Commerce. endar. mental integrity of coral reefs and other 968. A letter from the Office of Managing Mr. HASTINGS of Florida. Committee on coastal marine resources from exploration, Director, AMD-PERM, Federal Communica- Rules. House Resolution 270. Resolution pro- development, and production activities for tions Commission, transmitting the Com- viding for consideration of the bill (H.R. 1401) petroleum resources located in a maritime mission’s final rule — Amendment of Section to improve the security of railroads, public exclusive economic zone of the United States 73.202(b), FM Table of Allotments, FM Broad- transportation, and over-the-road buses in that is contiguous to a foreign exclusive eco- cast Stations (Opelika and Waverly, Ala- the United States, and for other purposes nomic zone; to the Committee on the Judici- bama) [MB Docket No. 05-79] Reclassification (Rept. 110–74). Referred to the House Cal- ary, and in addition to the Committees on of License of Station WSTR(FM), Smyrna, endar. Foreign Affairs, Financial Services, and Georgia) received February 27, 2007, pursuant f Oversight and Government Reform, for a pe- to 5 U.S.C. 801(a)(1)(A); to the Committee on TIME LIMITATION OF REFERRED riod to be subsequently determined by the Energy and Commerce. Speaker, in each case for consideration of 969. A letter from the Office of Managing BILL such provisions as fall within the jurisdic- Director, AMD-PERM, Federal Communica- Pursuant to clause 2 of rule XII the tion of the committee concerned. tions Commission, transmitting the Com- following action was taken by the By Mr. THOMPSON of Mississippi (for mission’s final rule — Amendment of Section Speaker: himself, Mr. KING of New York, Mr. 73.202(b), Table of Allotments, FM Broadcast H.R. 493. Referral to the Committee on En- LANGEVIN, Mr. MCCAUL of Texas, Mr. Stations. (Hale Center, Texas) [MB Docket ergy and Commerce extended for a period ETHERIDGE, Mr. DENT, Ms. LORETTA No. 05-114; RM-1190] received February 27, ending not later than March 29, 2007. SANCHEZ of California, and Ms. JACK- 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the SON-LEE of Texas): Committee on Energy and Commerce. f H.R. 1680. A bill to authorize the Secretary 970. A letter from the Office of Managing PUBLIC BILLS AND RESOLUTIONS Director, AMD-PERM, Federal Communica- of Homeland Security to regulate the sale of tions Commission, transmitting the Com- Under clause 2 of rule XII, public ammonium nitrate to prevent and deter the mission’s final rule — Amendment of Section bills and resolutions were introduced acquisition of ammonium nitrate by terror- 73.202(b), Table of Allotments, FM Broadcast and severally referred, as follows: ists; to the Committee on Homeland Secu- rity. Stations. (Columbus, Indiana) [MB Docket By Ms. BEAN (for herself, Mr. FRANK of By Mr. LANTOS (for himself, Ms. ROS- No. 05-238; RM-11260] received February 27, Massachusetts, and Mr. GILLMOR): 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 1675. A bill to suspend the require- LEHTINEN, Mr. FLAKE, Ms. JACKSON- Committee on Energy and Commerce. ments of the Department of Housing and LEE of Texas, Mr. WEXLER, Mr. ACK- 971. A letter from the Acting SSA Regula- Urban Development regarding electronic fil- ERMAN, Mr. SIRES, and Mr. SCOTT of tions Officer, Social Security Administra- ing of previous participation certificates and Georgia): tion, transmitting the Administration’s final regarding filing of such certificates with re- H.R. 1681. A bill to amend the Congres- rule — Optometrists as ‘‘Acceptable Medical spect to certain low-income housing inves- sional Charter of The American National Sources’’ to Establish a Medically Deter- tors; to the Committee on Financial Serv- Red Cross to modernize its governance struc- minable Impairment.[Docket No. SSA-2006- ices. ture, to enhance the ability of the board of 0085] (RIN: 0960-AG05) received February 27, By Mr. BOREN (for himself, Mr. FRANK governors of The American National Red 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Massachusetts, Mr. RENZI, and Mr. Cross to support the critical mission of The Committee on Ways and Means. KILDEE): American National Red Cross in the 21st cen- f H.R. 1676. A bill to reauthorize the program tury, and for other purposes; to the Com- of the Secretary of Housing and Urban De- mittee on Foreign Affairs. REPORTS OF COMMITTEES ON velopment for loan guarantees for Indian By Mr. FRANK of Massachusetts (for PUBLIC BILLS AND RESOLUTIONS housing; to the Committee on Financial himself, Mrs. BIGGERT, Mr. Under clause 2 of rule XIII, reports of Services. BLUMENAUER, Ms. WATERS, Mr. TAY- committees were delivered to the Clerk By Mr. RANGEL (for himself and Mr. LOR, Ms. MATSUI, Mr. MAHONEY of LEWIS of Georgia): Florida, Ms. WASSERMAN SCHULTZ, for printing and reference to the proper H.R. 1677. A bill to amend the Internal Rev- Mr. BAKER, Mr. GARY G. MILLER of calendar, as follows: enue Code of 1986 to enhance taxpayer pro- California, Mrs. JO ANN DAVIS of Vir- Mr. RANGEL: Committee on Ways and tections and outreach; to the Committee on ginia, and Ms. GINNY BROWN-WAITE of Means. H.R. 493. A bill to prohibit discrimi- Ways and Means. Florida):

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.002 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7692 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 March 26, 2007 H.R. 1682. A bill to restore the financial By Mr. KELLER: By Ms. SCHAKOWSKY (for herself, solvency of the national flood insurance pro- H.R. 1689. A bill to provide support to com- Mrs. MCCARTHY of New York, and Mr. gram, and for other purposes; to the Com- bat illegal downloading on college and uni- GRIJALVA): mittee on Financial Services. versity campuses; to the Committee on Edu- H.R. 1698. A bill to direct the Consumer By Mr. HOEKSTRA (for himself, Mr. cation and Labor. Product Safety Commission to promulgate a STUPAK, Mr. LARSEN of Washington, By Mrs. LOWEY: consumer product safety standard for each Mr. SOUDER, Mr. EHLERS, Mr. UPTON, H.R. 1690. A bill to improve airport screen- durable infant or toddler product, and for Mr. BOOZMAN, Mr. MCHUGH, Mr. ing and security; to the Committee on Home- other purposes; to the Committee on Energy GILLMOR, Mr. CHABOT, Mr. VAN land Security. and Commerce. HOLLEN, Mr. MCCOTTER, Ms. KAPTUR, By Mrs. LOWEY (for herself, Mr. By Ms. SCHAKOWSKY (for herself and Mr. RYAN of Ohio, Mr. LATHAM, Mr. SHAYS, Mr. CROWLEY, Mr. DEFAZIO, Mr. UPTON): NUNES, Mr. RADANOVICH, and Mr. Mr. GRIJALVA, Mr. FRANK of Massa- H.R. 1699. A bill to direct the Consumer CAMP of Michigan): chusetts, Ms. BERKLEY, and Mr. Product Safety Commission to require cer- H.R. 1683. A bill to amend the Public MCNULTY): tain manufacturers to provide consumer Health Service Act to provide for community H.R. 1691. A bill to end the use of conven- product registration forms to facilitate re- projects that will reduce the number of indi- tional steel-jawed leghold traps on animals calls of durable infant and toddler products; viduals who are uninsured with respect to in the United States; to the Committee on to the Committee on Energy and Commerce. health care, and for other purposes; to the Energy and Commerce, and in addition to By Mr. WEINER (for himself, Mr. Committee on Energy and Commerce. the Committees on Ways and Means, Foreign SCOTT of Virginia, and Mr. KELLER): By Mr. THOMPSON of Mississippi (for Affairs, and the Judiciary, for a period to be H.R. 1700. A bill to amend the Omnibus himself, Mr. KING of New York, Mr. subsequently determined by the Speaker, in Crime Control and Safe Streets Act of 1968 to CARNEY, Mr. ROGERS of Alabama, Mr. each case for consideration of such provi- enhance the COPS ON THE BEAT grant pro- ETHERIDGE, Mr. LANGEVIN, Mr. sions as fall within the jurisdiction of the gram, and for other purposes; to the Com- CUELLAR, Ms. CLARKE, and Ms. LO- committee concerned. mittee on the Judiciary. RETTA SANCHEZ of California): By Mr. PALLONE: By Mr. WELDON of Florida (for him- H.R. 1684. A bill to authorize appropria- H.R. 1692. A bill to fight criminal gangs; to self, Mr. NUNES, and Mr. SHAYS): tions for the Department of Homeland Secu- the Committee on the Judiciary, and in addi- H.R. 1701. A bill to amend the Internal Rev- rity for fiscal year 2008, and for other pur- tion to the Committees on Education and enue Code of 1986 to provide an exemption poses; to the Committee on Homeland Secu- Labor, and Financial Services, for a period from the harbor maintenance tax for certain rity. to be subsequently determined by the Speak- shipping between United States mainland By Mr. PRICE of Georgia: er, in each case for consideration of such pro- ports; to the Committee on Ways and Means. H.R. 1685. A bill to protect information re- visions as fall within the jurisdiction of the By Ms. WOOLSEY (for herself, Ms. LEE, lating to consumers, to require notice of se- committee concerned. Mr. KUCINICH, Ms. JACKSON-LEE of curity breaches, and for other purposes; to By Mr. PAYNE (for himself, Mr. COHEN, Texas, Ms. KILPATRICK, Ms. the Committee on Financial Services, and in Ms. SUTTON, Mr. SIRES, Mrs. LOWEY, SCHAKOWSKY, Mr. GRIJALVA, Mr. addition to the Committees on Oversight and Ms. JACKSON-LEE of Texas, Mr. JOHN- SERRANO, Mr. STARK, Mr. BECERRA, Government Reform, and Energy and Com- SON of Georgia, and Mr. CLAY): Ms. CARSON, Mrs. CHRISTENSEN, Mr. merce, for a period to be subsequently deter- H.R. 1693. A bill to authorize National Mall ELLISON, Mr. FILNER, Mr. GUTIERREZ, mined by the Speaker, in each case for con- Liberty Fund D.C. to establish a memorial Mr. HINCHEY, Mr. HONDA, Ms. KAP- sideration of such provisions as fall within on Federal land in the District of Columbia TUR, Mr. MCDERMOTT, Mr. MCGOV- the jurisdiction of the committee concerned. at Constitution Gardens previously approved ERN, Mr. RUSH, Ms. SOLIS, and Ms. By Mr. ETHERIDGE (for himself, Mr. to honor free persons and slaves who fought WATSON): ROGERS of Alabama, and Mr. THOMP- for independence, liberty, and justice for all H.R. 1702. A bill to reallocate funds toward SON of Mississippi): H.R. 1686. A bill to amend the Homeland during the American Revolution; to the sensible priorities such as improved chil- Security Act to require that uniforms, pro- Committee on Natural Resources. dren’s education, increased children’s access tective gear, badges, and identification cards By Mr. REICHERT: to health care, expanded job training, and in- of personnel be manufactured in the United H.R. 1694. A bill to improve the financial creased energy efficiency and conservation States; to the Committee on Homeland Secu- assistance provided to State, local, and trib- through a reduction of wasteful defense rity. al governments by expanding the eligible use spending, and for other purposes; to the By Mr. KIND (for himself, Mr. REGULA, of funding under the Homeland Security Committee on Armed Services, and in addi- Ms. HOOLEY, Mr. ROGERS of Alabama, Grant Program to include costs related to tion to the Committees on Energy and Com- Mr. SPRATT, Mr. MCDERMOTT, Mr. staff and law enforcement analysts engaged merce, Education and Labor, Homeland Se- INSLEE, Mr. BOSWELL, Mr. TOWNS, Mr. in information and intelligence sharing ac- curity, Foreign Affairs, and Veterans’ Af- SESSIONS, Mr. GORDON, Mr. ORTIZ, tivities; to the Committee on Homeland Se- fairs, for a period to be subsequently deter- Mr. LATOURETTE, Mr. HIGGINS, Mr. curity. mined by the Speaker, in each case for con- WALSH of New York, Mr. COBLE, Mr. By Mr. REICHERT: sideration of such provisions as fall within SHAYS, Mr. WELLER, Mr. KUHL of New H.R. 1695. A bill to establish a National the jurisdiction of the committee concerned. York, Ms. WATSON, Mr. GRIJALVA, Commission on the Prevention of By Mr. YOUNG of Alaska: Ms. LEE, Mr. CARNAHAN, Mr. MOL- Radicalization, to enhance information shar- H.R. 1703. A bill to establish a coordinated LOHAN, Mr. PRICE of North Carolina, ing, and for other purposes; to the Com- avalanche protection program, and for other Mr. NADLER, Mr. PETRI, Mr. DOYLE, mittee on the Judiciary, and in addition to purposes; to the Committee on Natural Re- Ms. SCHAKOWSKY, Mr. ISRAEL, Ms. the Committee on Homeland Security, for a sources, and in addition to the Committees SUTTON, and Ms. BALDWIN): period to be subsequently determined by the on Agriculture, and Oversight and Govern- H.R. 1687. A bill to provide competitive Speaker, in each case for consideration of ment Reform, for a period to be subsequently grants for training court reporters and such provisions as fall within the jurisdic- determined by the Speaker, in each case for closed captioners to meet requirements for tion of the committee concerned. consideration of such provisions as fall with- realtime writers under the Telecommuni- By Mr. REYES: in the jurisdiction of the committee con- cations Act of 1996, and for other purposes; to H.R. 1696. A bill to amend the Ysleta del cerned. the Committee on Education and Labor. Sur Pueblo and Alabama and Coushatta In- By Mr. LANTOS (for himself, Mr. By Mr. SCOTT of Virginia: dian Tribes of Texas Restoration Act to FORTENBERRY, Ms. ROS-LEHTINEN, H.R. 1688. A bill to amend the Social Secu- allow the Ysleta del Sur Pueblo tribe to de- Mr. PAYNE, Mr. SMITH of New Jersey, rity Act to provide health insurance cov- termine blood quantum requirement for Mr. HASTINGS of Florida, Mr. ROYCE, erage for children and pregnant women membership in that Tribe; to the Committee Mr. JACKSON of Illinois, Mr. PITTS, throughout the United States by combining on Natural Resources. Mr. MORAN of Virginia, Mr. DOO- the children and pregnant woman health By Mr. ROGERS of Alabama (for him- LITTLE, Ms. WATSON, Mr. FORTUN˜ O, coverage under Medicaid and SCHIP into a self, Mr. DAVID DAVIS of Tennessee, Mr. RUSH, Mr. SCOTT of Georgia, Mr. new All Healthy Children Program, and for and Mr. JINDAL): KENNEDY, Mr. BERMAN, Ms. JACKSON- other purposes; to the Committee on Energy H.R. 1697. A bill to establish a Rural Polic- LEE of Texas, Mr. WEXLER, Mr. and Commerce, and in addition to the Com- ing Institute within the Federal Law En- Engel, Mr. FATTAH, Ms. CORRINE mittee on Rules, for a period to be subse- forcement Training Center of the Depart- BROWN of Florida, Mr. JEFFERSON, quently determined by the Speaker, in each ment of Homeland Security to develop and Mr. SMITH of Washington, Mr. ABER- case for consideration of such provisions as provide for training programs for rural law CROMBIE, Mr. UDALL of Colorado, Ms. fall within the jurisdiction of the committee enforcement agencies; to the Committee on WOOLSEY, Mr. BURTON of Indiana, Mr. concerned. the Judiciary. SHERMAN and Mr. BLAUMENAUER:)

VerDate Nov 24 2008 15:07 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR07\H26MR7.002 H26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 6 7693 H. Con. Res. 100. A concurrent resolution PRIVATE BILLS AND H.R. 760: Mr. LAMPSON. condemning the recent violent actions of the RESOLUTIONS H.R. 808: Mr. MARKEY. Government of Zimbabwe against peaceful H.R. 816: Ms. BERKLEY. opposition party activists and members of Under clause 3 of rule XII, H.R. 819: Mrs. BIGGERT and Mrs. civil society; to the Committee on Foreign Mr. STUPAK introduced a bill (H.R. 1704) GILLIBRAND. Affairs. for the relief of Robert and Verda Shatusky; H.R. 869: Ms. ZOE LOFGREN of California. By Ms. SHEA-PORTER (for herself, which was referred to the Committee on the H.R. 881: Mr. GOODE. Mrs. DAVIS of California, Ms. LEE, Judiciary. H.R. 901: Mr. BOUCHER. H.R. 913: Ms. ROS-LEHTINEN. Mr. RODRIGUEZ, Ms. SCHWARTZ, Mr. f TOWNS, and Mrs. JONES of Ohio): H.R. 943: Mr. ABERCROMBIE, Mr. WEXLER, Mr. LOBIONDO, Ms. KAPTUR, Mr. HOLDEN, and H. Res. 266. A resolution supporting the ADDITIONAL SPONSORS Mr. PAYNE. goals and ideals of Professional Social Work Under clause 7 of rule XII, sponsors H.R. 971: Mr. EDWARDS, Mr. JINDAL, Ms. Month and World Social Work Day; to the were added to public bills and resolu- SLAUGHTER, and Mr. STUPAK. Committee on Education and Labor. tions as follows: H.R. 997: Mr. MCKEON, Mr. GILCHREST, Mrs. By Mr. KIRK (for himself, Mr. AN- H.R. 20: Mr. WAXMAN. MILLER of Michigan, Mr. MCCRERY, Mr. DREWS, Mr. SCOTT of Georgia, Mr. TIM H.R. 23: Mr. SPACE, Ms. HARMAN, Mr. BISHOP of Utah, Mr. ROYCE, Mr. DAVIS of MURPHY of Pennsylvania, Mr. SHAYS, Mr. PASCRELL, MRS. BLACKBURN, Mr. Kentucky, and Mr. ROGERS of Kentucky. SESTAK, Mr. KLEIN of Florida, Mr. MILLER of Florida, Mr. WALZ of Minnesota, H.R. 1038: Mr. THORNBERRY, Ms. NORTON, CROWLEY, Mr. ENGEL, Mr. WEXLER, Mr. OLVER, Mr. STARK, Mr. WESTMORELAND, Mr. HOLDEN, and Mr. COHEN. Mr. SIRES, Ms. LINDA T. SA´ NCHEZ of Mr. DAVID DAVIS of Tennessee, Mr. KING of H.R. 1042: Mr. FLAKE. California, Mr. BOOZMAN, Mr. New York, Mr. BROWN of South Carolina, and H.R. 1051: Ms. SCHAKOWSKY. CHABOT, Mr. MACK, Mr. BURTON of In- Mr. PETERSON of Minnesota. H.R. 1056: Mr. BARTLETT of Maryland. diana, Mr. MCCOTTER, Mr. HASTINGS H.R. 1058: Mr. BARTLETT of Maryland. H.R. 39: Ms. SHEA-PORTER. of Florida, Mr. BOUSTANY, Mr. PAT- H.R. 1061: Mr. BAIRD and Ms. BALDWIN. H.R. 45: Mr. MCGOVERN, Mr. BURGESS, and RICK MURPHY of Pennsylvania, Mr. H.R. 1063: Mr. MARSHALL and Mr. ALEX- Ms. SCHAKOWSKY. SHIMKUS, Mr. CANTOR, Mr. ENGLISH of ANDER. H.R. 66: Mr. SCOTT of Georgia, Mr. MILLER Pennsylvania, Mr. ISRAEL, Mr. MIL- H.R. 1073: Mr. PRICE of North Carolina, Mr. of North Carolina, and Mr. BUTTERFIELD. LER of Florida, Mr. CARNAHAN, Ms. HOLT, Mrs. MILLER of Michigan, Ms. H.R. 74: Mr. LATHAM and Mr. BLUMENAUER. BEAN, Mr. BARROW, Ms. WASSERMAN SCHAKOWSKY, Mr. MURTHA, Mr. MCGOVERN, H.R. 89: Mr. REYES. SCHULTZ, Mr. MELANCON, Mr. and Ms. LINDA T. SA´ NCHEZ of California. H.R. 146: Ms. GIFFORDS. LOBIONDO, Mr. CONAWAY, Mr. LYNCH, H.R. 1074: Mr. HILL and Ms. LINDA T. H.R. 191: Mr. DOOLITTLE. Mr. MAHONEY of Florida, Mr. SA´ NCHEZ of California. H.R. 192: Mr. DOOLITTLE. MCNERNEY, Mr. FOSSELLA, Mr. KUHL H.R. 1078: Mr. MORAN of Virginia, Mr. H.R. 193: Mr. BARTLETT of Maryland. of New York, Mr. SESSIONS, Mr. ROTHMAN, Mr. WEXLER, and Mr. ISRAEL. H.R. 234: Mr. WAXMAN, and Mr. MCNERNEY. PENCE, Mr. GARRETT of New Jersey, H.R. 1093: Mr. BOUSTANY, Ms. WASSERMAN H.R. 303: Mr. WOLF, Ms. HARMAN, Mr. Mr. LINCOLN DIAZ-BALART of Florida, SCHULTZ, Mr. MICA, and Ms. CORRINE BROWN SCOTT of Georgia, Mr. DAVID DAVIS of Ten- Mr. PLATTS, Mrs. BLACKBURN, Mr. of Florida. nessee, Mr. COURTNEY, Mrs. EMERSON, and BUCHANAN, Mr. SHUSTER, Mr. PORTER, H.R. 1094: Mr. ALEXANDER. Mr. OLVER. Mr. KNOLLENBERG, Mr. FEENEY, Mr. H.R. 1103: Mr. GRIJALVA, Mr. SERRANO, Ms. H.R. 315: Mr. HASTINGS of Washington. CANNON, Mr. MARIO DIAZ-BALART of JACKSON-LEE of Texas, and Mr. KUCINICH. H.R. 359: Mr. SHERMAN and Mr. BERMAN. Florida, Mr. CAMPBELL of California, H.R. 1108: Mr. MARSHALL and Mr. CROWLEY. H.R. 368: Mr. GOODE, Mr. ALTMIRE, Mr. Mr. GOODLATTE, Ms. SCHAKOWSKY, H.R. 1117: Mr. CUMMINGS, Mr. HODES, and RENZI, Mr. TOWNS, Mr. ROSKAM, Mr. KEN- Mr. CULBERSON, Mr. CRENSHAW, Mrs. Ms. SHEA-PORTER. NEDY, Ms. LORETTA SANCHEZ of California, TAUSCHER, Mrs. MILLER of Michigan, H.R. 1120: Mr. WALBERG, Mr. CARNEY, Mr. Mr. MICHAUD, Mr. CLEAVER, Mr. ROTHMAN, Mr. RENZI, Mr. YOUNG of Florida, Ms. PATRICK MURPHY of Pennsylvania, Mr. COLE Mr. BACHUS, and Mr. CAPUANO. GIFFORDS, and Mr. JORDAN): of Oklahoma, Mr. MCCARTHY of California, H.R. 410: Mr. TOWNS. Mr. GINGREY, Mr. PRICE of Georgia, and Mr. H. Res. 267. A resolution calling for the im- H.R. 418: Mr. PORTER. TERRY. mediate and unconditional release of British H.R. 462: Mr. BARTLETT of Maryland. H.R. 1121: Mr. MILLER of Florida. marines and sailors held captive by Iran, and H.R. 463: Mr. COURTNEY. H.R. 1122: Mr. MILLER of Florida. for other purposes; to the Committee on For- H.R. 473: Mrs. MCMORRIS RODGERS and Mr. H.R. 1139: Mr. DREIER and Mrs. eign Affairs. PLATTS. NAPOLITANO. By Mr. MCINTYRE (for himself and Mr. H.R. 477: Ms. MCCOLLUM of Minnesota, Mr. H.R. 1146: Mr. SAM JOHNSON of Texas. PITTS): JINDAL, and Mr. YARMUTH. H.R. 1157: Mr. SMITH of New Jersey, Mrs. H. Res. 268. A resolution supporting respon- H.R. 493: Mr. DAVIS of Alabama and Mr. SCHMIDT, Mr. KANJORSKI, Mr. LATHAM, and sible fatherhood, promoting marriage, and HILL. Mr. RODRIGUEZ. encouraging greater involvement of fathers H.R. 550: Mr. EHLERS, Mr. MOORE of Kan- H.R. 1187: Ms. MCCOLLUM of Minnesota. in the lives of their children, especially on sas, Mr. WOLF, Ms. ESHOO, Mr. DOGGETT, Ms. H.R. 1216: Mr. MORAN of Kansas, Mrs. Father’s Day; to the Committee on Edu- BERKLEY, Mr. LARSON of Connecticut, Mr. MCCARTHY of New York, Mr. ISRAEL, and Mr. cation and Labor. HOLT, Mr. DOOLITTLE, Mrs. WILSON of New WEXLER. By Mr. BURGESS: Mexico, and Mr. SMITH of New Jersey. H.R. 1222: Mr. BOSWELL, Mr. MARSHALL, H.R. 552: Mr. GILCHREST, Mr. HOLDEN, and H. Res. 271. A resolution recognizing the and Mr. NADLER. Mr. DOYLE. heroism and sacrifice of Medal of Honor re- H.R. 1223: Mr. BOSWELL and Mr. NADLER. H.R. 620: Mr. SARBANES. cipients, commending the efforts of the H.R. 1225: Mr. LEVIN. H.R. 649: Mr. PORTER. Medal of Honor Host City Program in H.R. 1228: Mr. NADLER. H.R. 657: Mr. PASTOR and Mr. MILLER of H.R. 1246: Mr. PRICE of North Carolina. Gainesville, Texas, to celebrate and honor Florida. H.R. 1250: Mr. PEARCE. the contributions of Medal of Honor recipi- H.R. 661: Mr. PASCRELL and Mr. LARSON of H.R. 1280: Mr. FILNER and Mr. LARSON of ents, and encouraging the expansion of the Connecticut. Connecticut. program; to the Committee on Armed Serv- H.R. 670: Mr. WILSON of South Carolina. H.R. 1281: Mrs. NAPOLITANO and Mr. LEVIN. ices. H.R. 684: Ms. HIRONO. H.R. 1289: Mr. GRIJALVA. By Ms. LEE (for herself, Mr. PAYNE, H.R. 695: Mr. HOLT, Mr. MCCOTTER, Mr. H.R. 1314: Mr. WICKER, Mr. BROWN of South Mr. HASTINGS of Florida, Mr. MOORE of Kansas, and Mrs. EMERSON. Carolina, Mr. BILIRAKIS, Mr. KING of Iowa, MCDERMOTT, Mr. RANGEL, Ms. LINDA H.R. 699: Mrs. BACHMANN and Mr. and Mr. CRENSHAW. T. SA´ NCHEZ of California, Mr. LOBIONDO. H.R. 1324: Mr. MILLER of Florida. BUTTERFIELD, Mr. SCHIFF, Mr. H.R. 704: Mr. MILLER of Florida. H.R. 1330: Ms. GIFFORDS and Mrs. EMERSON. ELLISON, Mr. FATTAH, Mr. LEWIS of H.R. 718: Mr. MCINTYRE, Mr. BRALEY of H.R. 1346: Mr. WAXMAN and Mr. NADLER. Georgia, Mr. GRIJALVA, Mr. SERRANO, Iowa, Mr. SHULER, Mr. JONES of North Caro- H.R. 1347: Ms. SHEA-PORTER. Mr. ENGEL, Mr. DAVIS of Illinois, and lina, Mr. BAIRD, Mr. COURTNEY, Mr. H.R. 1353: Mr. ISRAEL and Mr. WEXLER. Ms. KILPATRICK): BLUMENAUER, and Mr. FILNER. H.R. 1363: Mr. MCDERMOTT, Mr. NADLER, H. Res. 272. A resolution commemorating H.R. 727: Mr. BOUSTANY. and Ms. SUTTON. the 200th anniversary of the abolition of the H.R. 748: Mr. OBERSTAR, Mr. HALL of Texas, H.R. 1380: Mr. MCDERMOTT. transatlantic slave trade; to the Committee and Mr. FARR. H.R. 1391: Ms. JACKSON-LEE of Texas and on Foreign Affairs. H.R. 758: Mrs. CAPPS. Mr. ISRAEL.

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H.R. 1392: Ms. GINNY BROWN-WAITE of Flor- H.R. 1640: Mr. BLUNT and Mr. TURNER. H. Res. 235: Mr. ENGEL, Mrs. TAUSCHER, Mr. ida. H.R. 1645: Mr. HONDA and Ms. VELA´ ZQUEZ. ISRAEL, Mr. BURTON of Indiana, Mr. MCNUL- H.R. 1413: Mrs. MCCARTHY of New York. H.R. 1660: Mr. UDALL of Colorado and Mr. TY, Mr. BROWN of South Carolina, Mr. BER- H.R. 1422: Mr. RAHALL and Mr. PERLMUTTER. MAN, Mr. WEINER, Mr. TOWNS, Ms. CORRINE BLUMENAUER. H.J. Res. 12: Mr. JINDAL. BROWN of Florida, and Mr. BOYD of Florida. H.R. 1434: Mr. KAGEN, Ms. MOORE of Wis- H.J. Res. 14: Mr. SMITH of Washington. H. Res. 243: Mr. MORAN of Virginia. consin, Mr. MORAN of Virginia, Mr. MOORE of H.J. Res. 37: Ms. SCHAKOWSKY. H. Res. 250: Mrs. BACHMANN, Mr. HASTERT, Kansas, Ms. JACKSON-LEE of Texas, Ms. H.J. Res. 39: Mr. MCCOTTER, Mr. FARR, and Mr. CANNON, Mr. ROGERS of Michigan, Mr. BORDALLO, and Mr. WOLF. Mr. COHEN. BURTON of Indiana, Mr. SMITH of Texas, Mr. H.R. 1441: Mr. BERMAN, Mr. BAIRD, and Mr. H. Con. Res. 28: Mr. LAMPSON. GINGREY, Mr. PITTS, Mr. SENSENBRENNER, WEXLER. H. Con. Res. 37: Mr. SESSIONS. and Mr. CAMPBELL of California. H.R. 1448: Mr. GRIJALVA and Mr. WEXLER. H. Con. Res. 49: Mr. PEARCE, Mr. WATT, Mr. H. Res. 259: Mr. SALAZAR, Mr. SAXTON, Mr. H.R. 1469: Mr. COSTELLO, Mr. SCOTT of PORTER, and Mr. BOREN. KUHL of New York, Ms. SCHAKOWSKY, Mr. Georgia, Ms. HOOLEY, Mr. WEXLER, Mr. WU, H. Con. Res. 60: Mr. BOYD of Florida. STUPAK, Mr. BLUMENAUER, Mr. BISHOP of and Mr. DEFAZIO. H. Con. Res. 68: Mr. ARCURI, Mr. PASCRELL, Georgia, Mr. SHAYS, and Mr. MATHESON. H.R. 1474: Mr. WOLF, Mr. MCINTYRE, Mr. Mr. LANTOS, Mrs. BONO, Mr. PALLONE, Mr. H. Res. 264: Mr. TOM DAVIS of Virginia. BONNER, Mr. MOORE of Kansas, and Mr. MAR- FERGUSON, Mr. CAPUANO, Mr. RYAN of Ohio, SHALL. Mr. SERRANO, Mr. KING of New York, and Mr. f H.R. 1479: Mr. NADLER. DAVIS of Illinois. H.R. 1493: Mrs. MILLER of Michigan. H. Con. Res. 75: Mr. JOHNSON of Georgia. CONGRESSIONAL EARMARKS, LIM- H.R. 1498: Mr. GORDON. H. Con. Res. 85: Mr. HASTINGS of Florida. ITED TAX BENEFITS, OR LIM- H.R. 1506: Mr. PAYNE, Mr. MCNULTY, Mr. H. Con. Res. 87: Mr. GALLEGLY, Mr. KLEIN ITED TARIFF BENEFITS TAYLOR, Mr. MORAN of Virginia, Mr. SMITH of of Florida, Mrs. LOWEY, Mr. WOLF, Mr. Under clause 9 of rule XXI, lists or Washington, Mr. SCHIFF, Ms. BALDWIN, Mr. SHULER, and Mr. WYNN. ROTHMAN, Mr. HINCHEY, and Mr. NADLER. H. Con. Res. 92: Mr. WEXLER. statements on congressional earmarks, H.R. 1524: Mr. LEVIN. H. Res. 20: Mr. DOGGETT. limited tax benefits, or limited tariff H.R. 1543: Mr. HOLDEN, and Ms. ROS- H. Res. 37: Mr. BECERRA. benefits were submitted as follows: LEHTINEN. H. Res. 55: Mrs. NAPOLITANO and Mr. THE HONORABLE JAMES L. OBERSTAR, H.R. 1551: Mr. RANGEL, Mr. ROTHMAN, Mr. FATTAH. ISRAEL, and Mr. MCHUGH. H. Res. 100: Mr. OBERSTAR. COMPLIANCE WITH RULE XI H.R. 1554: Mr. PAUL. H. Res. 119: Ms. HIRONO, Mr. INGLIS of Pursuant to clause 9 of rule XXI of the H.R. 1560: Mr. WEXLER, Mr. WAXMAN, Mr. South Carolina, and Mr. PETERSON of Min- Rules of the House of Representatives, the FILNER, and Mr. LOBIONDO. nesota. Committee is required to include a list of H.R. 1565: Mr. FRANK of Massachusetts. H. Res. 121: Mr. JEFFERSON, Mr. FATTAH, congressional earmarks, limited tax bene- H.R. 1566: Mr. SERRANO. Mr. ENGEL, Mr. ENGLISH of Pennsylvania, fits, or limited tariff benefits as defined in H.R. 1576: Mr. SCHIFF, Mrs. MILLER of Mr. HOLDEN, Mr. LARSON of Connecticut, and clause 9(d), 9(e), or 9(f) of rule XXI of the Michigan, Mr. DINGELL, and Mr. PLATTS. Mr. DOYLE. Rules of the House of Representatives. It is H.R. 1586: Ms. FOXX, Mrs. DRAKE, Mr. H. Res. 154: Mr. MEEKS of New York, Mr. not clear if the definition of ‘‘congressional SMITH of Texas, Mr. SHIMKUS, Mr. GERLACH, DOYLE, and Ms. JACKSON-LEE of Texas. earmark’’ under clause 9(d) of rule XXI ap- Mr. GARRETT of New Jersey, Mr. GARY G. H. Res. 158: Mr. TANCREDO and Mr. plies to technical corrections to SAFETEA– MILLER of California, Mr. WAMP, Mr. RADAN- CRENSHAW. LU projects because these technical correc- OVICH, Mr. TURNER, Mr. HENSARLING, Mr. H. Res. 169: Mr. ELLSWORTH. tions do not provide new budget authority BOOZMAN, and Mr. JORDAN. H. Res. 179: Mrs. WILSON of New Mexico, for such projects. H.R. 1588: Mr. MCNULTY. Ms. NORTON, Mr. LINCOLN DAVIS of Ten- However, in the interests of full disclosure H.R. 1595: Mr. GEORGE MILLER of Cali- nessee, Mr. NADLER, Mr. SOUDER, Mr. PAYNE, and transparency, the Committee has re- fornia, Mr. LANTOS, Mr. SCOTT of Virginia, Mr. MCINTYRE, Mr. STARK, Mr. EMANUEL, and quired Members of Congress to comply with Ms. VELA´ ZQUEZ, Ms. LORETTA SANCHEZ of Mr. SHULER. all requirements of clause 9(d), 9(e), or 9(f) of California, Mr. RODRIGUEZ, Ms. BERKLEY, H. Res. 196: Mr. BAIRD. rule XXI. The table included in House Report Mrs. NAPOLITANO, Ms. SCHAKOWSKY, Mr. H. Res. 197: Mr. STARK. 110–62 provides a list of such provisions in- UDALL of Colorado, Mr. WU, Mrs. DAVIS of H. Res. 221: Mr. WATT. cluded in the bill. The following table pro- California, Mr. MILLER of Florida, and Mr. H. Res. 231: Mrs. BACHMANN and Mr. MIL- vides a list of such additional provisions in- BUTTERFIELD. LER of Florida. cluded in the bill, as amended, that the H.R. 1633: Mr. COHEN. H. Res. 233: Mr. LEWIS of Georgia. House of Representatives considers today:

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

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

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

● 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 Nov 24 2008 10:48 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR07\E26MR7.000 E26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7696 EXTENSIONS OF REMARKS, Vol. 153, Pt. 6 March 26, 2007 the union she helped build. She was re-elect- elor’s Degree from Bemidji State University community as a facilitator of public functions, ed to a 3-year term in January of 2004. In and a Master’s Degree in Secondary Lan- contributing donations, fundraising for the wel- January of 2007, Ms. Roberts was overwhelm- guage Arts from the University of Nevada, Las fare of child care. Ms. Brown, in conjunction ingly re-elected for her 3rd term. Vegas. She has been an employee of the with public officials and local affiliates, has do- Lillian currently leads the union where she Clark County School District for 19 years and nated toys to the Young Minds Daycare Cen- had been a previous Associate Director and has spent the past 8 years at Foothill High ter for the 2005 holiday season. Her personal consultant. In the 1960s and 1970s, she School as a member of the English Depart- choice for donations in 2006 was Family Life played a major role in organizing new mem- ment. Mrs. Strand is also a co-creator with a Foster Care. bers into DC 37 and establishing an array of fellow teacher of Young Entrepreneur Serv- Ms. Brown has others to thank in estab- benefits that became the envy of the Nation’s ices, Inc., YES, Inc., is a unique company lishing herself, such as family, friends, and as- labor movement. classroom which has been recognized sociates, but likes to acknowledge that her Ex- With housing costs rising, Lillian approached throughout the district for its unique approach ecutive Vice-President Edwin Santiago is a Mayor Bloomberg with a proposal to give DC to instructing students. This class applies real key component in the developmental operation 37 members and municipal workers an afford- world business work situations with the neces- of rapid growth of this organization; she also able way to meet the City’s requirement that sities of an English class. Mrs. Strand is takes pride in acknowledging that her employ- they live in the 5 boroughs. The result is the known by her colleagues as a tireless worker ees are the backbone of S&B Cleaning Serv- innovative DC 37 Affordable Housing Pro- who is both inspiring and relentless in her pur- ices, Inc. There is much more you can expect gram. This program allows DC 37 members suit of excellence. Joann has made a pro- to see that Ms. Brown has yet to reveal. Just and city workers preference for 5 percent of found difference in our community and we are like her company motto ‘‘There’s not much we units in city-sponsored lotteries for affordable most fortunate to have this leadership which don’t do.’’ homes and apartments, down payment grants positively impacts student achievement. Madam Speaker, I would like to recognize through the NYC Department of Housing Pres- Madam Speaker, I am proud to honor Joann Ms. Aurora Brown for her accomplishments in ervation and Development, and homebuyer Strand. Her efforts to improve the educational business. training and education through Neighborhood experiences of the student at Foothill High Madam Speaker, I urge my colleagues to Housing Services. School are commendable. I congratulate her join me in paying tribute to Ms. Aurora Brown. Lillian’s leadership is rooted in the lessons on her much deserved recognition and I wish f she learned while growing up on welfare on her continued success. HONORING ANDREW WISE Chicago’s South Side and fighting for better f working conditions as a Nurse’s Aide. Growing up as 1 of 5 siblings in conditions of poverty, A TRIBUTE TO MS. AURORA HON. CORRINE BROWN she was instilled with a deep concern for the BROWN OF FLORIDA needy and a passion for fighting social injus- IN THE HOUSE OF REPRESENTATIVES tices. HON. EDOLPHUS TOWNS Monday, March 26, 2007 Lillian has been a member of numerous OF NEW YORK boards including: Board of Trustees of the IN THE HOUSE OF REPRESENTATIVES Ms. CORRINE BROWN of Florida. Madam College of New Rochelle; the State University Speaker, I rise today to honor Mr. Andrew of New York, the National Equal Rights Com- Monday, March 26, 2007 Wise of the Neighborhood Housing & Devel- mittee and the National Committee for Labor Mr. TOWNS. Madam Speaker, I rise today opment Corporation in Gainesville, Florida. Israel. to pay tribute to Brooklyn resident Aurora On Tuesday, March 20, 2007, Andrew Wise Madam Speaker, I would like to recognize Brown. Ms. Brown is a native New Yorker and was honored with the Dorothy Richardson this labor activist. for all of her accomplish- a third generation West Indian who sites edu- Awards for Resident Leadership from ments and her empathy for area workers. cation as the strength of her lineage. The NeighborWorks America. Madam Speaker, I urge my colleagues to Amsted’s (family name) were the first black Mr. Wise combined his passion for Neigh- join me in paying tribute to Lillian Roberts. school teachers in Virginia. Ms. Brown taught borhood Housing & Development Corporation f scholastic and college preparatory classes to (NHDC) and his networking skills to recruit a PAYING TRIBUTE TO JOANN youth for employment opportunities. Her stu- remarkable stream of community, business STRAND dents have successfully gone on to colleges and educational leaders who have become ac- and universities such as Morehouse, Spelman tive in the NHDC organization. NHDC is a and Hampton through her mentoring. non-profit homeownership center that has HON. JON C. PORTER As the Chief Executive Officer and Co- been in existence since 1982. The organiza- OF NEVADA Founder of S&B Cleaning Services, Inc., Ms. tion’s goal is to promote and provide decent IN THE HOUSE OF REPRESENTATIVES Brown’s mission to incorporate was derived and affordable housing for low-to-moderate in- Monday, March 26, 2007 from previous experiences of managing sev- come residents of North Central Florida. Mr. PORTER. Madam Speaker, I rise today eral janitorial companies and being employed Mr. Wise has been an eloquent NHDC am- to honor and congratulate Mrs. Joann Strand by federal affiliates including 26 Federal Plaza, bassador to the many church, community and for being awarded National Board Certification New York, New York. civic organizations to which he belongs. Within in Adolescence and Young Adulthood Sec- Ms. Brown received The Council City of NHDC, his board tenure and experience have ondary Language Arts by the National Board New York Proclamation Award in December of made him the go-to person for new board for Professional Teaching Standards. 2005 and the Partner in Education Award from members—especially community residents—in Joann is 1 of 2 educators at Foothill High the Occupational Training Center of New York understanding the array of NHDC programs School in Henderson, Nevada to become na- in June of 2004. Known for her generosity and and their many and varied funding sources. tionally certified. National Board Certification is fairness when dealing with clients and employ- He has been invaluable in helping new mem- a process that requires 1 to 3 years of prepa- ees, she makes it her business to oversee bers move past this steep learning curve by ration and testing. Mrs. Strand completed an personally the human resources development getting them to focus on the mission of the or- extensive portfolio of assignments, essays, of employing disadvantaged and handicapped ganization and how its board and staff are so and videotapes as well as tests which as- individuals. instrumental in transforming lives and uplifting sessed her knowledge of the individual sub- Ms. Brown’s work ethic serves as encour- the community. jects she teaches. Once obtaining National agement for women to venture out and be- Created in 1991, the Dorothy Richardson Board Certification, a teacher is given the come business owners. She states, ‘‘through Awards for Resident Leadership celebrate the highest honor of professional teaching excel- long hours, trials, and tribulations, moments outstanding contributions of dedicated commu- lence. Only 116 of more than 20,000 teachers were grueling, but definitely worth the effort.’’ nity leaders across the United States. Each in the Clark County School District, less than She also admits the company motto was her year, the NeighborWorks network honors resi- 1 percent, have earned this distinction. driving force when faced with opposition and dents who exemplify the qualities of Dorothy Mrs. Strand has a long and distinguished adversity. Tedious daily functions of operating Richardson, a Pittsburgh activist who helped career as an educator beginning with a Bach- a business, she makes time to give to her advance the community-based development

VerDate Nov 24 2008 10:48 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR07\E26MR7.000 E26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 6 7697 movement that informed the formation of the PAYING TRIBUTE TO THE therapy for HIV positive patients. In addition, NeighborWorks network. SCHWARTZ FAMILY Melinda provides in home instruction to pa- My congratulations and respect go out to tients and counseling to families. Mr. Wise on his lifetime of work and commit- HON. JON C. PORTER Besides working as a healthcare provider, ment to earn this award. OF NEVADA Melinda has been a prolific community activist IN THE HOUSE OF REPRESENTATIVES and commonly known for her spirit of coopera- f tion and punctuality. Twenty-five years ago, Monday, March 26, 2007 she became a member of ‘‘The Diggers.’’ This HONORING THE CAREER OF Mr. PORTER. Madam Speaker, I rise today is an organization led by Mr. Roman Foster DENNIS GJERDINGEN to honor the Schwartz family for their philan- who researched historical facts on the building thropic efforts in the Jewish Community of Las and construction of the Panama Canal. This Vegas and for their many contributions to pro- research resulted in the production of a docu- HON. RICHARD E. NEAL vide the Las Vegas Valley with a new commu- mentary which provided narratives and anec- OF MASSACHUSETTS nity center and synagogue. dotes with the contributions of West Indians IN THE HOUSE OF REPRESENTATIVES The Schwartz family, principals of Great and the Caribbean works in Panama during American Capital, a real estate development the Canal’s construction. Monday, March 26, 2007 company found in Las Vegas, have been lead- Melinda James-DelRosario was also a Mr. NEAL of Massachusetts. Madam Speak- ers in the development, acquisition, operation member of the Madison Democratic Club; the er, today I wish to recognize and honor a and management of high quality commercial former Secretary of the Panamanian Nurses dedicated and innovative educator, Mr. Dennis and residential real estate projects in Nevada Association and the Caribbean Nurses Asso- Gjerdingen, upon his retirement after 26 years and Southern California. As a result of their ciation; Travel Coordinator with MIPOPA as principal of the Clarke School for the Deaf civic generosity, the construction of the Beit which is an organization group headed by Dr. in Northampton, Massachusetts. Allon Chabad of Summerlin Community Cen- Carlos E. Russell which advocates the rights Dennis became interested in childhood ter and Synagogue was completed and of Panamanians to vote abroad. She is a deafness when, in 1964, he learned that his opened in April of 2006. This facility has member of Panama Vote 2004, an organiza- newborn son was deaf. He trained as a teach- emerged as one of the most magnificent syna- tion led by Dr. George Priestly, which raised er of social studies and English at Minnesota gogues in Las Vegas and includes the finest, funds to support the candidacy of President State University, received his masters in up-to-date facilities for education, socializing, Martin Torrijos and Probisida, an organization Speech and Hearing at Washington University and catering affairs. For their humanitarian ef- dedicated to providing assistance to HIV posi- in St. Louis and did post-masters work there forts and community service the Schwartz tive patients. in Educational Administration. He spent 14 family is being recognized as inaugural recipi- Melinda is also a civic minded, community years at Central Institute for the Deaf in St. ents of the Chabad of Summerlin Founder’s oriented individual who embraces the concept Louis, as a classroom teacher, researcher, as- Award. of caring and sharing in issues affecting those sociate professor, assistant to the director and Madam Speaker, I am proud to honor the who have been disenfranchised. as headmaster, before coming to Clarke Schwartz family. Their commitment to the Madam Speaker, I would like to recognize School for the Deaf in 1981. He is the 6th Jewish Community is commendable and I con- Melinda James-DelRosario for her good works president in Clarke’s 140-year history. gratulate them on their much deserved rec- and accomplishments in our community. Madam Speaker, I urge my colleagues to Clarke School is an international leader in ognition. I thank them for their dedication and join me in paying tribute to Melinda James- teaching listening, speech, language and aca- loyalty and wish them the best in their future DelRosario. demic skills to deaf children and assisting fam- endeavors. ilies and training professionals to work with f f them. During his tenure, Mr. Gjerdingen has A TRIBUTE TO MELINDA JAMES- TRIBUTE TO THE FIRST ANNUAL reorganized the Clarke School and its struc- DELROSARIO, RN, BSN CESAR CHAVEZ MARCH ture to position Clarke for a rapidly changing future. He designed and administered new Clarke programs, including the creation of the HON. EDOLPHUS TOWNS HON. DALE E. KILDEE Center for Oral Education on the Northampton OF NEW YORK OF MICHIGAN campus that helps people of all ages with IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES hearing loss. In the last 10 years, Mr. Monday, March 26, 2007 Monday, March 26, 2007 Gjerdingen spearheaded a strategic plan to Mr. TOWNS. Madam Speaker, I rise today Mr. KILDEE. Madam Speaker, I rise today expand Clarke to 5 campuses with 4 new to pay tribute to Brooklyn, New York resident to recognize the 20th anniversary of the nam- schools for young children in Boston, MA, Melinda DelRosario. Melinda DelRosario was ing of Chavez Drive and the first annual Cesar Jacksonville, FL, New York City, and Philadel- born in Panama City in the Republic of Pan- Chavez March in my hometown of Flint, Michi- phia, PA. Clarke School for the Deaf now im- ama. She attended the Instituto Nacional in gan. A celebration and fundraiser for the pacts the lives of more than 10,000 children the Republic of Panama and became the United Farm Workers members will be held on and adults annually through its educational youngest member of the senior choir and March 31st to coincide with what would have programs, research, curriculum development usher ministry at Rio Abajo Methodist Church. been the late Cesar Chavez’s 80th birthday. and professional training. Upon migrating to the U.S. Ms. DelRosario at- Born on a family farm, March 31, 1927, The author of more than 30 articles in pro- tended Eramus High School in Brooklyn, New Cesar Chavez witnessed firsthand the suf- fessional journals, Mr. Gjerdingen is widely York. In pursuit of a nursing career she fering of migrant workers. When the family lost recognized as an expert in the field. In 1987 earned a BSN Degree at St. Joseph College the farm during the Great Depression, Cesar he was appointed by Congress to the Com- in Brooklyn, New York graduating with Phi toiled in the fields following crops across the mission on the Education of the Deaf that re- Beta Kappa honors. Southwest. After serving in the US Navy dur- ported directly to Congress and the President. Upon graduation from St. Joseph College, ing World War II he returned to farm work and During this appointment, he helped author a she assumed various administrative positions began his lifelong commitment to justice for report from which major legislation was adopt- in home care and hospitals, among them; migrant workers. ed. He has also served as president of the Kings Brook Jewish Medical Center as an Ad- During the 1960s Cesar Chavez, in reaction International Alexander Graham Bell Associa- ministrative Supervisor/Administrator on duty. to the conditions he witnessed in the fields, tion. Currently, Melinda oversees the Nurse Con- became a union activist. Adopting the tech- It is my great privilege to honor Mr. nection Program with Village Care of New niques of industrial unions like the UAW, Gjerdingen for his commitment to providing York in conjunction with Roche Pharma- Cesar fought against agribusiness and unfair greater educational opportunities for deaf chil- ceutical Company. Ms. DelRosario is an HIV laws that forbade farm workers from orga- dren and their families and professionals Nurse and consultant. She also instructs doc- nizing. A nationwide boycott of table grapes around the country. tors and nurses in the administration of fuzeon and a 25-day hunger strike brought the United

VerDate Nov 24 2008 10:48 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR07\E26MR7.000 E26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7698 EXTENSIONS OF REMARKS, Vol. 153, Pt. 6 March 26, 2007 Farm Workers international attention. His lead- A TRIBUTE TO JOYCE McDONALD contributions to the Jewish Community of Las ership and personal commitment forced agri- Vegas and for their many contributions to pro- business to sign the first union contract with HON. EDOLPHUS TOWNS vide the Las Vegas Valley with a new commu- the United Farm Workers. He labored to im- OF NEW YORK nity center and synagogue. prove the health and safety of the workers. He IN THE HOUSE OF REPRESENTATIVES The Iny Family, principals of Great Amer- ican Capital, a real estate development com- fought successfully to end the use of harmful Monday, March 26, 2007 chemicals like DDT and benefited not only the pany found in Las Vegas, have been leaders Mr. TOWNS. I rise today to pay tribute to in the development, acquisition, operation and worker but the consumer as well. Brooklyn resident Joyce McDonald. Joyce management of high quality commercial and When Cesar Chavez died in 1993, over McDonald was born to parents Willie and Flor- residential real estate projects in Nevada and 40,000 people attended his funeral. In a show ence McDonald and raised in Brooklyn’s Far- Southern California. As a result of their civic of respect for the man who had changed so ragut Houses. Joyce is the third eldest of generosity, the construction of the Beit Allon many lives, our nation posthumously awarded seven children. She was reared in a house- Chabad of Summerlin Community Center and him the Presidential Medal of Freedom. hold where unconditional love was practiced Synagogue was completed and opened in and family values were instilled. April of 2006. This facility has emerged as one Madam Speaker, Flint, Michigan was the Joyce attended P.S. 287, Sands JHS 265 of the most magnificent synagogues in Las first community in our nation to honor this as well as Fashion Industry High School. Her Vegas and includes the finest, up-to-date fa- great humanitarian by naming a street after love and compassion for people led her to be- cilities for education, socializing, and catering Cesar Chavez. I ask the House of Represent- come a volunteer at Cumberland Hospital as affairs. For their humanitarian efforts and com- atives to join me in honoring the memory of a Junior Nurse’s Aide at 16-years-old for the munity service, the Iny Family is being recog- Cesar Chavez and his legacy to the American terminally ill. Joyce’s teenaged years were not nized as inaugural recipients of the Chabad of people. always so hopeful. Summerlin Founder’s Award. During her teen years into adulthood, Joyce Madam Speaker, I am proud to honor the f made many bad choices. Thirty years after- Iny Family. Their commitment to the Jewish ward, she changed direction. Joyce has sur- Community is commendable and I congratu- PAYING TRIBUTE TO FRANK J. vived various forms of mental and physical late them on their much deserved recognition. FERTITTA AND LORENZO J. abuses which include rape, attempted suicide, I thank them for their dedication and loyalty FERTITTA depression and a 25-year heroin addiction. In and wish them the best in their future endeav- 1995, Joyce tested positive for HIV and was ors. later diagnosed with AIDS. f HON. JON C. PORTER Despite her diagnosis, Joyce continued to share her life’s story and artistic talents with A TRIBUTE TO EUGENIA ‘‘GENIE’’ OF NEVADA the world. SWINSON IN THE HOUSE OF REPRESENTATIVES Without any formal art training, Joyce McDonald is currently a world renowned artist. HON. EDOLPHUS TOWNS Monday, March 26, 2007 Her work has been exhibited in galleries, OF NEW YORK schools, universities, shelters, nursing homes IN THE HOUSE OF REPRESENTATIVES Mr. PORTER. Madam Speaker, I rise today and hospitals. Her testimony and art has been Monday, March 26, 2007 to honor my good friends Frank J. Fertitta, shared throughout the country via the media. Chairman of the Board and C.E.O. of Station Joyce has received numerous awards, in- Mr. TOWNS. Madam Speaker, I rise today Casino and Lorenzo J. Fertitta, Vice Chairman cluding: the 2002 Martin Luther King, Jr. Serv- to pay tribute to Ms. Eugenia Elizabeth of the Board and President of Station Casino ice Award, the 2003 Church of the Open Door Swinson. Eugenia Swinson, or ‘‘Genie,’’ was as well as the entire Fertitta family. Woman of the Year Award, the 2004 Isler’s born in Savannah, GA, to Eugene and Carrie Award from the Women’s Empowerment Swinson. She was raised on Long Island’s Through the consistent efforts of Frank and South Shore Bay in New York. Genie and her Movement, and the 2004 Governor’s Citation Lorenzo Fertitta, Station Casino was recently 9 siblings are products of the Bay Shore Pub- from Maryland. In 2005, Joyce was one of recognized by Fortune magazine as one of the lic School District. After graduation, all of them nine Magnificent Women of Brooklyn honored top 100 companies to work for nationwide. attended college. Genie decided upon C.W. by Senator Velmanette Montgomery and re- The management of Station Casino, which Post College with a major of vocal music. has received this recognition for 3 consecutive ceived a citation from the New York Assembly. During her studies at Post, she toured Eu- She has also received the Dr. Martin Luther years, has enacted several policies aimed at rope her freshman year with the Chamber and King Award from Emmanuel Baptist Church. Madrigal Ensembles. Upon returning from the bettering the quality of life for its team mem- Joyce McDonald’s talents include being an tour, she decided to move to California to bers. One such program, initiated by Frank artist, sculptress, designer, writer, singer, poet launch a professional singing career. This and Lorenzo, provides team members with as- and motivational speaker. These are talents sistance becoming homeowners. Another pro- turned out be a wise decision because once she attributes to her family, including her Dad there she had an opportunity to work with gram offers assistance to team members who is now deceased, her Mother, her two seeking to become U.S. Citizens; this program Quincy Jones on the Brothers Johnson debut married daughters and their spouses and her album as well as tour with Boz Scaggs under offers assistance such as citizenship applica- six grandchildren. the stage name of ‘‘Pepper Swinson.’’ There tion classes, study material for the citizenship Madam Speaker, I would like to recognize would be many more bands that would come examination, and payroll advances for citizen- the impressive achievements of this extraor- her way. ship application. As a result of this program, in dinary individual, who through her own pain She returned to New York due to illness, 2006, 28 Station team members gained U.S. found it within herself to help others. however, after recuperating, she moved to Madam Speaker, I urge my colleagues to citizenship and currently 260 more team mem- Israel to sing. After working in the Givatiem join me in paying tribute to this wonderful per- bers are attending citizenship classes. and Tel Aviv, Israel, she once again returned son and her creative works. In addition to implementing programs to en- to New York, this time with a new skill. She f hance certain aspects of their employees’ had mastered the Hebrew language. Almost lives, Frank and Lorenzo Fertitta have cul- PAYING TRIBUTE TO THE INY immediately after arriving in the United States, tivated a working environment founded upon FAMILY Genie’s health took a turn for the worse. She ideals of camaraderie, respect and fairness. began a battle with end stage renal disease, HON. JON C. PORTER due to Systemic Lupus Erythmatosis. This Madam Speaker, I am proud to honor my would mean 7 years of dialysis before a suc- good friends Frank Fertitta, Lorenzo Fertitta OF NEVADA IN THE HOUSE OF REPRESENTATIVES cessful kidney transplant at Beth Israel Hos- and the entire Fertitta family. Their dedication pital in Boston, Massachusetts. to their employees is commendable and I wish Monday, March 26, 2007 While in New York, Genie decided to return them continued success in their future en- Mr. PORTER. Madam Speaker, I rise today to C.W. Post College to earn her under- deavors. to honor the Iny Family for their numerous graduate degree in modern languages with a

VerDate Nov 24 2008 10:48 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR07\E26MR7.000 E26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 6 7699 minor in music. She studied Spanish, Hebrew unteerism and giving back to their community, Battle Pointer. Deborah Battle Pointer is a true and Arabic. After the transplant, Genie landed and it is my honor to recognize each student child of the Diaspora with Carolinian, Jamai- a job with the New York City Board of Edu- volunteer and his/her school. can and Black Foot Indian roots. She was cation as a teacher of Spanish. She received Alexander Abramovitz, Shawnee Mission born and raised in Connecticut and received a her masters degree in multicultural education North; Molly Allison-Gallimore, Bachelor of Science Degree in Psychology Homeschool; Sydney Ayers, Barstow; Ava from the College of Mount Saint Vincent in Azad, Blue Valley; Lisa Barry, Olathe South; from SUNY Cortland and a Master’s Degree in Bronx, New York. She is currently a teacher at Lindsay Beardall, Shawnee Mission South; Education from Cambridge College. The a Theatre Arts School in the Bronx and also Alexandria Bieber, Mill Valley; Abbey Blick, issues of access and equality for all have gives private voice lessons in her home. Shawnee Mission East; Ashley Boots, Olathe been important cornerstones in her academic Genie actively continues her studies in lan- Northwest; Sarah Briggs, Trailridge Middle; career. For the past 30 years, she has worked guages. Italian and Portuguese are her current Kristina Buchanan, Trailridge Middle in higher education, and served her commu- passions. ‘‘It’s my favorite pastime.’’ School; Kim Burnell, Olathe North; Amy nity as a volunteer while maintaining her in- Not long after her transplant, she was ap- Byarlay, Olathe South; Sarah Campbell, Blue Valley North; Kelsey Charles, Blue Val- volvement in the creative arts. proached by a representative from the New ley West; Jenna Christensen, Shawnee Mis- Deborah was the first Associate Dean of York Organ Donor Network and became a vol- sion North; Becca Doran, Shawnee Mission Admissions and Financial Aid at Cornell Uni- unteer spokesperson for that organization. West; Katherine Ebling, Blue Valley; and versity, the first black woman to hold the posi- She appeared at several speaking and singing Marissa Erickson, Olathe South. tion of Director of Admissions at Columbia engagements on behalf of the Network. At Evan Gage, Blue Valley Northwest; Jen- University’s School of Engineering and former several events she sang ‘‘Another Chance to nifer Garren, Shawnee Mission West; Kath- Director of Financial Aid at both Columbia Col- ryn Garrett, Shawnee Mission West; Kevin Give’’ (La Vispera de Vida) in both English Garrett, Shawnee Mission West; Michael lege and SUNY Downstate Medical Center. and Spanish in an effort to bring awareness to Garrett, Westridge Middle; Lindsey Gerber, While residing in Ithaca, New York, she was the need for organ and tissue donors. Olathe North; Jean Gianakon, Shawnee Mis- elected to the Ithaca School Board where she It was her position as the official spokes- sion North; Allison Golub, Blue Valley West; served two terms. person for the Network that led her to an op- Kaley Hagemann, Olathe East; Jessica Ms. Pointer is a co-founder and Co-Execu- portunity to sing the national anthem before Hebenstreit, Pembroke Hill; Tess Hedrick, tive Producer of ‘‘Russell Simmons Presents games at both Yankee Stadium and Madison Shawnee Mission East; Logan Heley, Antioch Def Poetry,’’ a television series shown on the Middle School; Lauren Hiatt, Olathe North; Home Box Office cable network. She was also Square Garden for both professional teams. Spencer Hill, Shawnee Mission Northwest; Today, Genie remains a strong advocate of Jing Jian, Olathe North; Janelle Johnston, an Executive Consultant to the Broadway hit organ and tissue transplantation. Shawnee Mission West; Michele Kerns, Blue show, Def Poetry. The television series aired Genie has modeled for Mode Magazine and Valley West; Rachel Knapp, Westridge Mid- for the first time in December of 2001 and continues to sing for Wilson Pickett’s back up dle; and Jessica Kruger, Olathe North. continues to be a hit on HBO today. Deborah band, The Midnight Movers. Accompanied by Hailey Lapin, Blue Valley Northwest; K. and other Executive Producers of Def Poetry jazz pianist Dr. Billy Taylor, she recently sang Clemence Lawson, Olathe Northwest; Jake were recognized with a Peabody Award for Ludemann, Shawnee Mission North; Sarah Excellence in Television for the HBO program at a gala given by the Jazz Foundation of Martin, Shawnee Mission West; Magdalena America which honored its co-founder Ann May, Olathe North; Kaela McWherter, Blue and received a Tony Award for the Broadway Ruckert. Valley North; Courtney Miller, Blue Valley production in 2003. ‘‘I am a collector of people,’’ said Genie. ‘‘I West; Rebecca Miller, Olathe North; Jovana In October of 2001, under the company have the same friends today that I had in the Mirabile, St. Thomas Aquinas; Peri Mont- name Bone Bristle Entertainment LLC, Debo- second grade. Naturally, I’ve added on to that gomery, Shawnee Mission West; Megan rah and her business partners created a po- distinctive group, but those friends are still an Moomau, Olathe North; Alyssa Morrison, etry anthology published by Random House, important part of my life. I like to spend time, Mill Valley High School; Stephanie Nemer, ‘‘Bum Rush the Page.’’ The anthology features Spring Hill High School; Evan Neuman, reading, studying languages and spoiling my Trailridge Middle; Alexandra Olsen, Prairie works of 200 poets and has sold more than nieces, nephews and God’s children. I’m hon- Trail Junior High; Sam Parkinson; Sweta 15,000 copies. She has recently published a ored to be a part of this distinctive group,’’ Patel, Olathe North; Meredith Pavicic, St. children’s picture book, ‘‘I Am Hip-Hop’’ added Genie. Teresa’s Academy; and Lauren Peterson, through her non-profit organization Healium Madam Speaker, I would like to honor Shawnee Mission Northwest. Inc. founded by Deborah Pointer and Ronald Genie for sharing her beautiful talents with the Angela Podoll, Westridge Middle; Courtney Grant. Healium Inc. is dedicated to the efforts Rathke, Olathe North; Kaytlin Renfro, of ending child abuse. rest of us. Through all of her adversity she Shawnee Mission East; Bryce Reynolds, continued to grace us with her gift of song. Olathe Northwest; Kyle Reynolds, Olathe Deborah is currently a consultant to the Madam Speaker, I urge my colleagues to Northwest; Cassie Rhodes, Spring Hill High Chairman of the Department of Pediatrics at join me in paying tribute to Eugenia ‘‘Genie’’ School; Kaitlyn Rittgers, Olathe Northwest; the Children’s Hospital at Downstate where Swinson. Alex Rorie, Mission Valley; Beth Russell, she is involved in development and community f Olathe Northwest; Michael Shoykhet, Olathe outreach. She is also one of a few African- North; Devin Smith, Olathe North; Elaina American Christmas and Kwanzaa ornament TRIBUTE TO 2007 JOHNSON COUN- Smith, Prairie Trail Junior High; Haylee designers and was featured as an Editor’s TY MOVERS AND SHAKERS Solcum, Trailridge Middle School; Peter Choice in ‘‘Decorative Gifts and Accessories’’ AWARD WINNERS Spitsnogle, Shawnee Mission East; Jessica Stack, Olathe Northwest; Alexandria magazine. Szalawiga, Olathe South High School; Nicole Ms. Pointer has authored several magazine HON. DENNIS MOORE Tepper, Mill Valley High School; Irene articles on financing and college education OF KANSAS Wang, Olathe North; Danielle Weathers, Mill and has worked on a series of videotapes on IN THE HOUSE OF REPRESENTATIVES Valley; Marin Willis, Spring Hill Middle; Jes- financial aid for students. The videotapes aired sica Wilson, Spring Hill High School; Alexis on Public Broadcasting Stations in the New Monday, March 26, 2007 Young, Chisholm Trail Junior High; and York tri-state area. For many years she was a Mr. MOORE of Kansas. Madam Speaker, I Jenny Zhong, Blue Valley Northwest. consultant to ESPN on selecting the High rise today to note an important event in the f School Athlete of the Year. Deborah is cur- Third Congressional District of Kansas. On A TRIBUTE TO DEBORAH BATTLE rently a member of the Brooklyn Borough April 10, 2007, the Volunteer Center of John- POINTER President’s Task Force on BCAT, President of son County in Overland Park, KS, will honor the Rutland Road Block Association and a outstanding youth volunteers. Eighty young member of numerous other organizations. people have been nominated by school per- HON. EDOLPHUS TOWNS Madam Speaker, I would like to recognize OF NEW YORK sonnel and nonprofit organizations for their the impressive achievements of Deborah Bat- IN THE HOUSE OF REPRESENTATIVES dedication and service to the community. tle Pointer and her commitment to the children Youth volunteerism continues to grow and be Monday, March 26, 2007 of Brooklyn, New York. I also want to thank a strong force in Johnson County. These 80 Mr. TOWNS. Madam Speaker, I rise today Ms. Pointer for sharing her gifts with the rest youth exemplify the true meaning of vol- to pay tribute to Brooklyn resident Deborah of us.

VerDate Nov 24 2008 10:48 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR07\E26MR7.000 E26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7700 EXTENSIONS OF REMARKS, Vol. 153, Pt. 6 March 26, 2007 Madam Speaker, I urge my colleagues to Ms. Claudette Audige. Claudette Audige was who work so hard to ensure that our Nation’s join me in paying tribute to this wonderful and born on December 7, 1962, in Kingston, Ja- veterans receive the quality they deserve. This talented woman. maica. She has been a resident of New York honor is even greater considering this is not f for more than 21 years. Ms. Audige is the wife the first time the Huntington VAMC has been of Andre Audige and the mother of 3 beautiful singled out for its high quality care. Just two MOURNING THE LOSS OF DAVID children, Chase, Chad and Jodie. years ago, this center received similar recogni- BROWN Claudette Audige has been an experienced tion from the VA. loan consultant for more than 20 years. She is It is wonderful to know that the veterans HON. JOE WILSON noted for her wisdom and compassion for en- who call West Virginia home have such a top- OF SOUTH CAROLINA couraging home ownership. She has inspired notch medical facility to provide care. As we all recognize, our veterans are our heroes and IN THE HOUSE OF REPRESENTATIVES and helped many people to save their homes these heroes deserve only the best care avail- Monday, March 26, 2007 as well as purchase a home. Most of Mrs. Audige’s extensive community able. Mr. WILSON of South Carolina. Madam involvement has been with young people. She It is important that we remember our vet- Speaker, I rise today in honor of a true public was a counselor at Good Samaritan Church, erans have given so much to the future of our servant of South Carolina’s Second Congres- in the Bronx, and St. Michaels, in Sheldon, country and have asked for so little in return. sional District. David Brown, chief executive New York. Her community activities include Our veterans, as our soldiers today, remain foremost in the thoughts and prayers of all officer of Beaufort Memorial Hospital of Beau- participation in the McDonald’s sing along con- West Virginians. fort, South Carolina, passed away Monday, cert series, a drug awareness campaign, and March 19, 2007. Brown fell ill last month and I am honored that the Huntington VAMC is the neighborhood gang violence awareness in my district. I hope that this entire body will was hospitalized at Johns Hopkins University program. The assistance she provides for chil- take a minute to congratulate the hard-working Hospital, where he passed. dren goes beyond the call of duty since she men and women of the Huntington VAMC and Brown ably led the hospital during a time of works closely with the youth in her community. to honor the sacrifices that our brave service- tremendous growth. The facility is now twice She is sensitive to the needs of home- members have made and continue to make. the size it was when Brown took over in 1996. owners and it is out of that compassion that f During his tenure as CEO, Brown developed a led her to become a financial consultant. In long-term affiliation with Duke University addition, the high rate of housing foreclosures A TRIBUTE TO AY’TASHA T. Health System in heart and cancer care. Most among her friends and family was another in- HANTON recently, he worked with Beaufort to bring ad- centive for her to embark on this profession. ditional workforce housing to the area and led Claudette gives workshops to new home- HON. EDOLPHUS TOWNS the hospital’s expansion of services across the owners and advises them of their financial sta- OF NEW YORK Broad River. tus. Due to her own past financial hardships, IN THE HOUSE OF REPRESENTATIVES Brown, son of Emerson M. Brown and the she has developed a flair for assisting people Monday, March 26, 2007 late Winifred Ryan Brown, was born in 1951 in to accumulate wealth through the power of Germany, where his father was assigned as a prayer and financial wisdom. Financial em- Mr. TOWNS. Madam Speaker, I rise today to pay tribute to Brooklyn resident Ay’Tasha T. U.S. foreign service officer. Brown also lived in powerment guides and motivates Mrs. Audige Hanton. Ms. Hanton is the proud daughter of India, the Netherlands, and Canada and at- to teach others to accumulate wealth and Edna M. Fulton, and Willie E. Hanton Sr., tended high school in Switzerland and in prosperity. stepdaughter of Maudine Hanton, who she af- Maine. He earned a bachelor of arts degree in This extraordinary woman goes above and fectionately calls ‘‘Mom.’’ Ay’Tasha was born 1974 and a masters of business administration beyond the call of duty and is commendable with honors in 1976, both from Boston Univer- in New York City as the only daughter of to the standards befitting the praised, virtuous seven children. Ay’Tasha’s father expired sity. woman described in Proverbs. when she was 11⁄2 years old. Without the rela- Brown began his career in healthcare in Her motto is ‘‘if I can help someone let not tionship of her father, she faced many chal- 1976 as assistant executive director of Prince my living be in vain.’’ Claudette Audige strives lenges. With the loving support of her mother, George’s County Foundation for Medical Care to educate the young and the old to possess family and friends, she matured into a strong, in Landover, Md., and became executive di- the knowledge of financial wisdom. She be- independent woman. rector within a year. lieves that everyone can own a home with the A nine-year employee of the New York City In 1982 he joined the Greater Southeast proper education. Health and Hospitals Corporation, Ay’Tasha Community Hospital in Washington as vice Madam Speaker. I would also like to recog- has extensive knowledge in Finance Adminis- president for professional services. Before nize the impressive works of Claudette Audige tration, Policy and Procedures, Performance leaving the Washington area in 1996, Brown as well as her commitment to the Brooklyn Improvement, Graphic Design, Community Af- became president and CEO of the Greater community. fairs and Healthcare Administration. In April of Southeast Community Hospital Foundation, Madam Speaker. I urge my colleagues to 1998, her career in health care began when which operated two hospitals as well as long- join me in paying tribute to this wonderful she became the Coordinating Manager of term care facilities, home health agencies, woman for all that she does for current and Chemical Dependency Outpatient Services pharmacies and other health care-related busi- prospective homeowners. and the Mental Health Geriatric Program at nesses. f Cumberland Diagnostic and Treatment Center Brown is survived by his daughter, Caitlin serving the Fort Greene Community. As an RECOGNITION OF THE HUN- Ryan Brown; son, Ryan David Brown; father, Assistant to the Sr. Associate Director, TINGTON VETERANS AFFAIRS Emerson Brown of Reed City, Mich.; sister, Ay’Tasha worked diligently to aide the Chem- Catherine W. Brown of Washington; and MEDICAL CENTER ical Dependency patients who strived daily to brother, Christopher G. Brown of Columbus, maintain sobriety from their addictions. She Ohio. HON. NICK J. RAHALL II also worked attentively to aide the Geriatric f OF WEST VIRGINIA population as they faced the uneasiness of IN THE HOUSE OF REPRESENTATIVES Mental Health. A TRIBUTE TO CLAUDETTE In October of 2005, Ay’Tasha was reas- Monday, March 26, 2007 AUDIGE signed as the NYS OASAS (Office of Alco- Mr. RAHALL. Madam Speaker, I rise today holism and Substance Abuse Services) Ad- HON. EDOLPHUS TOWNS in recognition of the Huntington Veterans Af- ministrator of Chemical Dependency Inpatient OF NEW YORK fairs Medical Center (VAMC) located in Hun- and Outpatient Services at Woodhull Medical IN THE HOUSE OF REPRESENTATIVES tington, West Virginia. I am so proud to report Center, where she studied the communities’ that the Huntington VAMC was named the statistics. Monday, March 26, 2007 ‘‘Best Performing Facility’’ for 2006. Recognizing her statistical talents, Ay’Tasha Mr. TOWNS. Madam Speaker, I rise today This is a well deserved honor for the dedi- was given additional responsibilities by the As- to pay tribute to Brooklyn, New York resident, cated employees of the Huntington VAMC sociate Executive Director of the Division of

VerDate Nov 24 2008 10:48 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR07\E26MR7.000 E26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD March 26, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 6 7701 Chemical Dependency for the North Brooklyn she became their Merchandising Auditor. She In fact, there are no mandatory safety Health Network in the newly established Per- retired in 1994 after 37 years of service with standards for the majority of the children’s formance Improvement Department, helping the company. Following one year of retire- products being sold today. The majority of the the Assistant Director in strategizing ways to ment, she was hired to work on a part-time standards that are in place are ‘‘voluntarily’’ support the population suffering from sub- basis at Community Board 5 in East New York set by the very industries looking to make stance abuse addictions. as a Community Service Aide and has main- profits. They are also allowed to police them- Her most recent opportunity towards climb- tained this position for the past 11 years. selves about whether the standards are en- ing the corporate ladder came in March of Ms. Wilson has been a communicant of St. forced. 2006 when she was assigned to assist the As- Laurence Church RC for the past 30 years. Let me stress what that means: although sociate Director of Psychiatry in restructuring She has served on their Board of Trustees; as there may be voluntary standards in place, Woodhull’s Psychiatric Emergency Depart- member and past President of the Laurencian there are no requirements that all potential ment. As the Administrative Manager of Psych Guild (Rosary Society); Chairperson of the Lit- hazards are addressed in those standards. ED, Consultation and Liaison Services and the urgy Committee; Treasurer of the Church For instance, the voluntary standards for bas- Chemical Dependency Inpatient Detoxification AARP Chapter; and presently a Lector at Sun- sinets set by the industry did not have height Units, Ay’Tasha is also faced with the daily day Masses and a member of the Parish Pas- requirement for the sides or any test to make challenge of aiding the Psychiatric patients as toral Planning Committee. Mrs. Wilson is an sure the baby couldn’t fall out. Only because well as encouraging, mentoring and chal- active member and Past President of the of the tenacity of advocates like Kids in Dan- lenging her staff to heightened levels, while Brooklyn New Lots Lions Club and Part Dis- ger, was one finally set. There are also no advocating for the Williamsburg and Bedford trict Treasurer for the Lions of District 20 K1 consequences for the manufacturer if the Stuyvesant communities. (Brooklyn and Queens). For her lionistic activ- standards are not met, and no requirements Throughout her HHC career under the um- ism, she has been recognized with many for products to be tested to see if the stand- brella of the Department of Psychiatry, awards and citations including the Distin- ards are met. This is true even for baby car- Ay’Tasha has been a member of many com- guished Service Award for Community Serv- riers, cradles, play pens, and high chairs. For mittees such as Cumberland’s Open Access ice, Lion of the Year, Knights of the Blind the few products that do have mandatory fed- Team, Billing/Finance, Information Technology Award and the highest recognition by an asso- eral standards, because there are no testing and Community Affairs. ciation, The Melvin Jones Fellowship. requirements, the standards are meaningless. Ay’Tasha’s walls are lined with many Aida Wilson is married to Lloyd G. Wilson, Although the Consumer Products Safety awards, certificates, and presentations as a (retired MTA Motorman). This union brought Commission—the CPSC—requires no testing testament of her hard work. She has also re- forth a son Rodney, and a daughter Sharon and manufacturers mayor may not perform ceived extensive continuing education in who have blessed them with six grandchildren: their own tests, do not be mistaken, children’s Healthcare Professionalism such as Manage- Tyrell and Cherrell Wilson, Jazine Miller, products are tested. They are tested in our own homes, with our children and grand- rial, Administrative Assistant, Graphic Design, Eryka, Elissa, and Jessica Hill. A step grand- children as test dummies. The cost of those and the list continues. Ay’Tasha’s most heart- daughter Kristin Reid Hill, son-in-law Eric Hill tests can be a panicked child, amputated fin- felt accomplishment is her Associate of Arts and daughter-in-law Angela A. Wilson. gers, fractured skulls, or a dead child. Madam Speaker, I would like to recognize Degree in Biblical Studies from Bethel Bible Unfortunately, a trip to the emergency room Institute. Ay’Tasha is presently seeking her this pillar of our community for all of her good or the morgue is often the only way to know Bachelors Degree in Health Administration. works and kind gestures. if a product is unsafe. This is unacceptable. Ay’Tasha understands the importance of Madam Speaker, I urge my colleagues to Parents and caregivers must have assur- children. She nurtures her nieces, nephews, join me in paying tribute to Aida T. Wilson. ance that when they buy a product, it will be godchildren and a host of other youth. Not f safe. Therefore, the Infant and Toddler Dura- only is she an inspiration to children, Ay’Tasha INTRODUCTION OF THE INFANT ble Product Safety Act would not only require mentors young women in her community. the CPSC to issue mandatory safety stand- Ay’Tasha encompasses the true identity of a AND TODDLER DURABLE PROD- UCT SAFETY ACT AND THE ards for infant and toddler products, it would role model in today’s society. require the testing and certification of these Madam Speaker, I would like to recognize DANNY KEYSAR CHILD PRODUCT SAFETY NOTIFICATION ACT products by an independent third party before the impressive achievements of Ay’Tasha T. they are allowed to be sold to anyone. Hanton for her commitment to her community. To protect children should unsafe products Madam Speaker, I urge my colleagues to HON. JANICE D. SCHAKOWSKY make it into their homes—as is currently hap- join me in paying tribute to this wonderful per- OF ILLINOIS pening—we also have to make sure that we son and the great things she has done. IN THE HOUSE OF REPRESENTATIVES can get the hazards out as soon as possible. f Monday, March 26, 2007 The Danny Keysar Child Product Safety Notifi- cation Act would help us do that by requiring A TRIBUTE TO AIDA T. WILSON Ms. SCHAKOWSKY. Madam Speaker, that all children’s durable products sold have today I am once again introducing two bills recall registration cards attached to them and HON. EDOLPHUS TOWNS that would help prevent needless deaths and that manufacturers directly contact those who OF NEW YORK injuries of young children: the Infant and Tod- fill them out should there be a recall. IN THE HOUSE OF REPRESENTATIVES dler Durable Product Safety Act and the Although there is a shocking number of re- Danny Keysar Child Product Safety Notifica- Monday, March 26, 2007 called products, our current recall system is tion Act. These bills would help us protect in- failing. Actual notice of a recall is dependent Mr. TOWNS. Madam Speaker, I rise today fant and toddlers from dangerous products, on news outlets picking up the story and to pay tribute to Ms. Aida T. Wilson. Aida T. both before they arrive on the shelves—and spreading the word. Notification targeted to Wilson was born in Panama City in the Re- after they end up in homes. owners of the products is rare, and many par- public of Panama. She is the eldest of five The Infant and Toddler Durable Product ents remain unaware of the dangers even children born to Olga and Charles Tyrell. After Safety Act would require infant and toddler when products are recalled. In fact, many fam- completing high school at Santa Familia products to receive a federal seal of approval ilies still have the dangerous products listed in School for Dressmaking in Panama City, she before they are sold. This bill is long overdue. this report in their homes because they have was immediately employed by Maloul Brothers Currently, most consumers believe that, be- not happened to turn on the television at the for five years in Colon, City of Panama. cause a product is on a shelf, it is safe. A Co- right time or read the right newspaper. We Ms. Wilson migrated to the United States in alition for Consumer Rights’ survey in Illinois need to make sure that notification is directed 1956 and immediately began to further her found that 75 percent of adults believe that the at the families that have bought these faulty education by attending several adult education government oversees pre-market testing for products so they don’t have to rely on chance programs while employed as a seamstress. children’s products; 79 percent believe that to hear the news. She was later employed by one of New York manufacturers are required to test the safety My colleague, Rep. FRED UPTON, and I City’s most prestigious department stores Lord of those products before they are sold. For named our bill that would help solve this prob- and Taylor. After serving in several positions most products, neither is true. lem the Danny Keysar Child Product Safety

VerDate Nov 24 2008 10:48 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR07\E26MR7.000 E26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7702 EXTENSIONS OF REMARKS, Vol. 153, Pt. 6 March 26, 2007 Notification Act because his story is a tragic tions involved with the nation’s nuclear pro- line, and the Great Lakes, we have the oppor- example of the inadequacy of our current re- grams. tunity to significantly reduce highway conges- call practices. Our resolution also asks the Security Coun- tion in an environmentally friendly and eco- Danny Keysar, the precious 17-month old cil to explore new economic sanctions against nomically sound manner. Additionally, sea- son of Linda Ginzel and her husband, Boaz Iran, including a restriction on gasoline im- based shipping would mitigate against wear Keysar, died when the Playskool Travel-Lite ports. Despite its status as a top oil producing and tear on our highways, potentially delaying portable crib he had been napping in at his nation, Iran is highly dependent on foreign the need for expensive taxpayer-funded im- babysitter’s home collapsed. The rails of the gasoline due to severe mismanagement of its provement projects and allowing such funds crib folded into a ‘‘V’’-shaped wedge when he domestic energy supply. An international re- instead to be used to free traffic congestion. stood up, trapping his neck. He was strangled striction on foreign gasoline is the most effec- Though getting the Blue Water Highway up to death. It was May 12, 1998, five years after tive economic lever in our diplomatic toolbox and running is no small task, I believe that a the CPSC had ordered it off the shelves be- to prevent further Iranian hostility, deny Iran’s modest tax policy change provided in my leg- cause it was so dangerous. ability to militarize the Persian Gulf and en- islation would significantly encourage the de- Word of its hazard had not reached Danny’s force Iran’s nonproliferation commitments. velopment of a short sea shipping industry. parents, the caregiver with whom he was stay- The Iranian regime defied international law The Blue Water Highway Act of 2007 would ing, or a state safety inspector who visited the by seizing sailors in waters outside of its juris- amend the Internal Revenue Code to exempt home just eight days before Danny’s death. diction. Our resolution sends a strong mes- cargo shipped between U.S. mainland ports Had the Child Product Safety Notification Act sage of condemnation from the House of Rep- from the harbor maintenance tax. This simple been in effect, there would have been a much resentatives. tax reform would remove the primary prohibi- greater chance of saving Danny’s life—and I want to thank Reps. ANDREWS, BOUSTANY tive cost to short sea shipping, allowing des- the 11 children who have since died from the and KLEIN for leading with me on this resolu- ignated cargo vessels to travel from Port Ca- TravelLite. tion. I look forward to working with them and naveral in Florida, to Baltimore, and then onto We know that recall registration cards work. the more than fifty original cosponsors on this New York and Bridgeport, Conn. making other My bill is modeled after the National Highway important initiative. port calls along the way without having to pay and Transportation Safety Administration’s re- f the cargo tax each time it enters a port. call system for car seats. Since NHTSA start- Madam Speaker, amending the harbor ed requiring car seats to have registration INTRODUCTION OF THE BLUE maintenance tax is a reasonable policy objec- cards in 1993, the number of families reg- WATER HIGHWAY ACT OF 2007 tive that would go a long way toward moving istering increased by at least tenfold. In fact, short sea shipping from the backwater of the 53 percent of parents who obtained cards HON. DAVE WELDON shipping industry. mailed in the cards. Recall repair rates have OF FLORIDA f gone up by 56 percent—all for a mere 43- IN THE HOUSE OF REPRESENTATIVES HONORING THE BREESE CENTRAL cents per item. This bill will give families a Monday, March 26, 2007 much greater chance to repair, return, or dis- LADY COUGARS BASKETBALL card any dangerous products that have made Mr. WELDON of Florida. Madam Speaker, TEAM it into their children’s nursery. today I introduced the Blue Water Highway It is past due that we give parents the secu- Act of 2007. HON. JOHN SHIMKUS rity they deserve and children the safety they As Members of this body know, the ability to OF ILLINOIS need. I urge my colleagues to support these cost-effectively transport goods to domestic IN THE HOUSE OF REPRESENTATIVES two bills. markets is vital to our economy. It’s becoming Monday, March 26, 2007 f increasingly clear, however, that economic and population growth is far outpacing our Mr. SHIMKUS. Madam Speaker, today I rise INTRODUCTION OF HOUSE RESO- ability to maintain and expand our existing to honor the Breese Central Lady Cougars LUTION 267 CONDEMNING THE IS- transportation infrastructure, posing serious, basketball team on their success in winning LAMIC REPUBLIC OF IRAN FOR long-term challenges to our current reliance the championship game of the 28th annual ITS SEIZURE OF BRITISH SAIL- upon land-based shipping. Class A state tournament at Redbird Arena in ORS AND MARINES In Florida and around the country, roadway Normal, Illinois. congestion and driver shortages are already Jessica Hemann, Courtney Strieker, Leann HON. MARK STEVEN KIRK making it difficult for trucking companies to ex- Voss, Britni Holtmann, K.C. Root, Christy OF ILLINOIS pand capacity. Freight shipping by rail is en- Rolfingsmeyer, Katie Robben, Kelsie IN THE HOUSE OF REPRESENTATIVES countering serious capacity problems in some Netemeyer, Katelin Wiegmann, Tiffany Hilmes, regions, as well. And, recent estimates indi- Katie Scheer, Lauren Budde, and Cassandra Monday, March 26, 2007 cate that overall freight traffic will continue to Deiters make up this victorious team of ath- Mr. KIRK. Madam Speaker, today I intro- increase exponentially in the coming years— letes, which are lead by Head Coach Nathan duced House Resolution 267 with my fellow up as much as 70 percent by 2020. Rueter and Assistant Coaches Angela Witte Iran Working Group co-Chair Congressman Madam Speaker, we are presented with a and Kelly Hasheider. ROB ANDREWS (D–NJ) and Iran Working choice as we seek to address this capacity The Number 11 State-Ranked Breese Cen- Group Vice-Chairs Dr. CHARLES BOUSTANY (R– crunch: We can try to engineer our way out of tral ladies received medals after winning LA) and RON KLEIN (D–FL). This resolution the current situation at hundreds of billions of against Number 9 State-Ranked Rochester in condemns the Islamic Republic of Iran for dollars in new federal expenditures. Or, we a 47–41 victory. seizing 15 British sailors and marines in the can find alternate innovative modes of trans- I am very pleased to congratulate the Persian Gulf and calls for their immediate re- portation that will help absorb some of the traf- Breese Central Lady Cougars on their victory lease. These sailors and marines, based on fic our growing economy continues to create. and wish them the best of luck for next sea- the HMS Cornwall, had finished a routine While we must continue to invest in our sur- son. search of a civilian vessel in Iraqi waters at face transportation infrastructure, I believe that f the time of the kidnapping. The Iranian regime an alternative, environmentally sound mode of now says it may charge the sailors and ma- transportation is at our fingertips that will less- TRIBUTE TO DOLORES HUERTA rines for illegally entering Iranian-controlled en highway congestion, save energy, and re- waters. duce air pollution. HON. JOE BACA The British soldiers were captured a day be- Short sea shipping, or what I call the ‘‘Blue OF CALIFORNIA fore the UN debated additional sanctions for Water Highway,’’ involves shipping cargo by IN THE HOUSE OF REPRESENTATIVES Iran’s continued efforts to enrich uranium. The sea between U.S. ports. By establishing a sanctions were unanimously approved, and in- ‘‘highway’’ along our coast where smaller Monday, March 26, 2007 clude a ban on arms sales from Iran as well cargo ships travel from port to port along the Mr. BACA. Madam Speaker, I rise today to as freezing assets of 28 people and organiza- Eastern Seaboard, Gulf Coast, Pacific Coast- voice my strong support for H. Res. 37. This

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HILDA SOLIS, for sponsoring this f Gray Army Airfield to commercial aviation, pro- resolution. viding land for the Central Texas Veterans Since 1955, Dolores Huerta has been a pre- TRIBUTE TO SAM MURPHEY FOR A Cemetery and Tarleton State’s upper level in- eminent figure in the civil rights movement. LIFETIME OF DEDICATED SERV- stitution in Killeen. She has dedicated her life to fighting for the ICE TO THE NATION AND THE As a district director, it goes without saying rights of workers, women, and children. Dolo- PEOPLE OF CENTRAL TEXAS that Sam is very active in local community af- res has lived a life full of compassion and love fairs, but he also spends much of his free time for her fellow man. Her actions helped to HON. CHET EDWARDS to give back to the community. He continues change the way farm workers were treated OF TEXAS to serve as Vice Chairman of the Board of Di- and further established fair treatment and re- IN THE HOUSE OF REPRESENTATIVES rectors of Heart O’ Texas Federal Credit spectable working conditions for them. Monday, March 26, 2007 Union. He is a past president of the University As a strong female leader, Dolores Huerta of Central Texas Alumni Association, and has defied cultural and gender stereotypes. She Mr. EDWARDS. Madam Speaker, I rise taught government and business classes at has been awarded the Eleanor D. Roosevelt today to honor a dedicated public servant of the University of Central Texas and Central Human Rights Award and was inducted into the people of Central Texas, Sam Murphey. Texas College as a member of their adjunct the Women’s Hall of Fame in 1993. Together Sam is about to embark on a well-deserved faculty. He is a past chairman of the Harker with Cesar Chavez, she founded the National retirement after 22 years of service in the U.S. Heights Chamber of Commerce Board of Di- Farm Workers Association, now the United Army and 16 years looking after the needs of rectors and served 6 years as Commissioner Farm Workers Organizing Committee. the people of Central Texas as my right-hand on the Harker Heights Planning and Zoning Beyond her professional work, she is a man and District Director. Commission. He is a co-founder of the Harker proud mother of 11 children and many grand- Sam Murphey is a decorated soldier and Heights Economic Development Corporation children and great-grandchildren. veteran whose distinguished service in the and is a past president of the Central Texas— I urge my colleagues to send a message of United States Army and his service to the con- Fort Hood Chapter of the Association of the support for the rights of all workers and to stituents of Central Texas is unparalleled in United States Army and of the Central Texas honor the accomplishments of a true revolu- my experience. The positive impact Sam has Chapter of the Military Officers Association of tionary, Dolores Huerta, by supporting H. Res. had is immeasurable and proof that one per- America. He is a graduate of Leadership Tem- 37. son can truly make a difference in the lives of ple and Leadership Killeen and is a co-founder f others. Sam is known by many names: hus- of the Leadership Belton program. He was re- band, father, grandfather, motivator, leader, cently named Chairman of the Harker Heights RECOGNIZING LOYOLA UNIVER- and confidante. I join the many others who are Chamber of Commerce Military Affairs Com- SITY CHICAGO’S CENTER FOR fortunate to call him ‘‘friend’’. mittee. PUBLIC SERVICE Sam graduated from the University of Texas Sam and his wonderful wife Peggy, his in 1967 earning a bachelors degree in busi- much, much better half, are retiring at the HON. RAHM EMANUEL ness administration and a commission in the same time to enjoy their beautiful family to- OF ILLINOIS Regular Army of the United States as a 2nd gether in Harker Heights, Texas. Peggy is re- IN THE HOUSE OF REPRESENTATIVES Lieutenant of Field Artillery. Sam later earned tiring after a career of service to the soldiers his master of science degree in management Monday, March 26, 2007 and families at Fort Hood, a place that I had from the University of Central Texas in 1981 the privilege to represent for 14 years and is Mr. EMANUEL. Madam Speaker, I rise and he has completed an additional 18 post- very close to my heart. The Good Lord has today to recognize; Loyola University Chicago graduate hours of study in political science. blessed Sam and Peggy with two children, for its enduring commitment to community Following his graduation from the University Steven and Kathleen and five grandchildren, service and its creation of the Center for Pub- of Texas, Sam began a 22-year career in the Samantha and Steven Murphey, Hartley, Elle lic Service. I am pleased that the Center will U.S. Army that took him to assignments in the and Sophia Corsi. house the congressional papers of former United States, Europe, Korea and Vietnam. May the Good Lord continue to watch over Congressman Henry J. Hyde and former Con- He spent his combat tour in Vietnam as a them and as Sam is fond of saying, ‘‘bless gressman Dan Rostenkowski. Field Artillery Forward Observer and Liaison their little hearts.’’ Loyola’s Center for Public Service will un- Officer with the 173rd Airborne Brigade. Other Thank you, Sam for your personal friendship dertake the task of encouraging citizens to notable experiences during his military career and for your service to the people of Central dedicate their lives to civil service and govern- include a teaching assignment in the Gunnery Texas and the citizens of our Nation. We wish ment. Through research and discourse, this Department of the U.S. Army Field Artillery you and your family all the best in the years non-partisan academic unit will increase edu- School, graduation from the Marine Corps ahead. cation on important policy issues. Command and Staff College, and an assign- f Both Congressman Hyde and Congressman ment at the U.S. Air Force Academy as Air Of- Rostenkowski attended Loyola, so it seems fit- ficer Commanding of Cadet Squadron 29. He TRIBUTE TO GARY PLAYER ting that their work will be preserved there. retired from the Army at Fort Hood, Texas on Congressman Hyde recently retired from October 1, 1989. HON. LYNN A. WESTMORELAND Congress after serving the people of the Sixth In March 1991, as a newly elected Con- OF GEORGIA district of Illinois for 15 terms. The former gressman, I was wise enough to hire Sam as IN THE HOUSE OF REPRESENTATIVES Dean of the Illinois delegation served as my primary contact for the military and vet- Chairman of the Judiciary Committee from erans communities in what was then District Monday, March 26, 2007 1995–2001 and was later Chairman of the 11. Sam excelled in that role and became the Mr. WESTMORELAND. Madam Speaker, I International Relations Committee. District Director in January 1996. As a local rise today to carry on a tradition started by the Congressman Rostenkowski, or Mr. Chair- veterans leader, his counsel and advice have late Congressman Charlie Norwood, whose man as he is still known, served my district in been indispensable over the years. death this year was a great loss to Georgia the House and was a legislative force for 34 Among many other accomplishments, Sam and the U.S. House of Representatives. Each years. As the Chairman of the Ways and played a key leadership role in the successful year on the eve of the Masters golf tour- Means Committee, he played an important fight to save the Waco VA hospital from clo- nament in his hometown of Augusta, GA., role in tax and trade policy for thirteen years. sure and helped make it into a national center Congressman Norwood would honor a golfer Madam Speaker, I congratulate Loyola Uni- of excellence. The massive modernization of of great acclaim before his colleagues in the versity Chicago for its creation of the Center Fort Hood in the 1990s had Sam Murphey’s House.

VerDate Nov 24 2008 10:48 Apr 09, 2010 Jkt 059102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR07\E26MR7.000 E26MR7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 7704 EXTENSIONS OF REMARKS, Vol. 153, Pt. 6 March 26, 2007 This year, that tribute belongs to Gary Play- When the Department of Homeland Security cal year 2008 and the future years De- er, a world-renowned golfer whose accom- buys identification cards overseas, there is no fense Program, with the possibility of a plishments extend far beyond the links. In system in place to ensure that they are not closed session in SR–222 following the open session. April, Mr. Player will tee up at the Augusta Na- stolen and misappropriated by terrorists, who SR–232A tional for the Masters tournament for the 50th could then pass into restricted areas with Joint Economic Committee consecutive year, a remarkable achievement fraudulent credentials. In countries with less To hold hearings to examine the current of longevity in any career. Few events in robust ethical and management standards for economic outlook. sports compare to the grace and beauty of the business, manufacturers might even be willing SH–216 Masters tournament, and for a half century, to sell uniforms or badges to the highest bid- 9:45 a.m. Mr. Player has played an important role in one der. The men and women who serve in posi- Appropriations of the most cherished and most watched Labor, Health and Human Services, Edu- tions that protect our security are put at risk by cation, and Related Agencies Sub- sporting events in the world. a policy that does not secure these materials, committee Gary Player’s record is the envy of count- and the practice of purchasing them overseas To hold hearings to examine proposed less golfers. It includes 159 victories world- without appropriate safeguards must end. budget estimates for fiscal year 2008 for wide. He holds nine major championships in- It is certainly not uncommon for cargo to be the Department of Labor. cluding: three Masters, three British Opens, hijacked or lost, particularly in the staging SD–124 two U.S. Opens and one PGA Championship. areas at our Nation’s ports of entry. The po- 10 a.m. In addition, he has won the World Match Play tential theft of uniforms, badges, or ID cards Environment and Public Works To hold hearings to examine reducing Championship four times. by the truckload pose a clear threat. These Outside the game of golf, Mr. Player has government building operational costs items are meant to serve as validation that through innovation and efficiency, fo- dedicated his life to family—he is celebrating those charged with securing our country are cusing on legislative solutions. his 50th wedding anniversary this year—and who they say they are; misappropriation is un- SD–406 to serving the underprivileged. acceptable. Finance In 1983, he established the Gary Player This legislation will not slow down the De- To hold hearings to examine risks and Foundation to address the education crisis in partment at all with regard to purchases; it reform, focusing on the role of cur- South Africa. The Player family started the rency in the U.S.-China relationship. merely ensures that sensitive materials are SD–215 Blair Atholl School—complete with a primary kept securely inside the United States when school of 400 students, a pre-elementary Commerce, Science, and Transportation appropriate. The bill contains a waiver for Oceans, Atmosphere, Fisheries, and Coast school for 75, a community resource center small purchases and for material that will be Guard Subcommittee and a sports complex. The foundation ensures used outside of the United States. It gives the To hold hearings to examine the future high-quality education, a nutritional feeding Department the flexibility to procure materials of the Coast Guard Dive Program. scheme and basic medical care for each child. outside of the United States if necessary and SR–253 Rules and Administration Besides his foundation, Gary Player hosts as long as steps are taken to prevent mis- the annual Nelson Mandela Invitational Golf Business meeting to consider S. 223, to appropriation. require Senate candidates to file des- Tournament, one of the largest charity events This legislation is focused and targeted at in South Africa. To recognize his many ignations, statements, and reports in the area of greatest risk in procurement. I urge electronic form. achievements, Gary Player was awarded an my colleagues in the House of Representa- SR–301 Honorary Doctor of Laws from the Saint An- tives to support it. Appropriations drews University in 1995. State, Foreign Operations, and Related f Gary Player has lived an incredible life and Programs Subcommittee he doesn’t take those blessings for granted. SENATE COMMITTEE MEETINGS To hold hearings to examine the pro- He has said, ‘‘I have been so lucky with golf, posed budget estimates for fiscal year Title IV of Senate Resolution 4, 2008 for the United States Agency for with my family, with my health, all I can be is agreed to by the Senate on February 4, thankful.’’ Let us wish him continued luck and International Development and foreign 1977, calls for establishment of a sys- assistance programs. thanks for his accomplishments on and off the tem for a computerized schedule of all SD–138 course. Mr. Player, good luck in Augusta. meetings and hearings of Senate com- 10:30 a.m. f mittees, subcommittees, joint commit- Appropriations tees, and committees of conference. Defense Subcommittee ON THE INTRODUCTION OF THE To hold hearings to examine the pro- DHS SAFE ACT TO ENHANCE THE This title requires all such committees posed budget estimates for fiscal year SECURITY OF DEPARTMENT OF to notify the Office of the Senate Daily 2008 for the United States Navy. HOMELAND SECURITY BADGES, Digest—designated by the Rules Com- SD–192 IDENTIFICATION CARDS, UNI- mittee—of the time, place, and purpose Aging FORMS, AND PROTECTIVE EQUIP- of the meetings, when scheduled, and To hold hearings to examine affordable drug coverage that works for Wis- MENT any cancellations or changes in the meetings as they occur. consin, focusing on preserving senior As an additional procedure along care. HON. BOB ETHERIDGE SD–562 with the computerization of this infor- OF NORTH CAROLINA 11:45 a.m. mation, the Office of the Senate Daily IN THE HOUSE OF REPRESENTATIVES Foreign Relations Digest will prepare this information for Business meeting to consider S. 193, to Monday, March 26, 2007 printing in the Extensions of Remarks increase cooperation on energy issues Mr. ETHERIDGE. Madam Speaker, today I section of the CONGRESSIONAL RECORD between the United States Government have introduced, together with my colleagues on Monday and Wednesday of each and foreign governments and entities from the Committee on Homeland Security, week. in order to secure the strategic and economic interests of the United Chairman Thompson of Mississippi and Mr. Meetings scheduled for Tuesday, States, S. 613, to enhance the overseas Rogers of Alabama, legislation that will pre- March 27, 2007 may be found in the stabilization and reconstruction capa- vent terrorists or others with bad intent from Daily Digest of today’s RECORD. bilities of the United States Govern- posing as Homeland Security officials or offi- MEETINGS SCHEDULED ment, H.R. 1003, to amend the Foreign cers. This common sense bill will require the Affairs Reform and Restructuring Act of 1998 to reauthorize the United States Department of Homeland Security to make MARCH 28 sure that sensitive material—badges, identi- Advisory Commission on Public Diplo- 9:30 a.m. macy, S. Res. 30, expressing the sense fication cards, uniforms, and protective gear— Armed Services of the Senate regarding the need for is made in the United States. As these items Strategic Forces Subcommittee the United States to address global cli- would be vulnerable to theft in transit, it just To hold hearings to examine the Stra- mate change through the negotiation makes sense to make sure they start and stay tegic Forces Program in review of the of fair and effective international com- in America. Defense Authorization Request for fis- mitments, S. Res. 65, condemning the

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Judiciary facilitate humanitarian operations, SR–485 To continue hearings to examine Depart- contain and reduce violence, and con- 9:30 a.m. ment of Justice hiring and firing of tribute to conditions for sustainable Armed Services United States Attorneys, focusing on peace in eastern Chad, and Central Af- To hold hearings to examine the Depart- preserving prosecutorial independence. rican Republic, and Darfur, Sudan, and ment of the Navy in review of the De- SH–216 the nominations of Paul J. Bonicelli, of fense Authorization Request for fiscal 2 p.m. Virginia, to be an Assistant Adminis- year 2008 and the future years Defense Judiciary trator of the United States Agency for Program, with the possibility of a Business meeting to consider S. 236, to International Development, Curtis S. closed session in SR–222 following the require reports to Congress on Federal Chin, of New York, to be United States open session. agency use of data mining, S. 376, to Director of the Asian Development SD–106 amend title 18, United States Code, to Bank, with the rank of Ambassador, Foreign Relations improve the provisions relating to the Eli Whitney Debevoise II, of Maryland, To hold hearings to examine an update carrying of concealed weapons by law to be United States Executive Director on Iran; may be followed by a business enforcement officers, S. 849, to promote of the International Bank for Recon- meeting to consider pending calendar accessibility, accountability, and open- struction and Development, Sam Fox, business. ness in Government by strengthening of Missouri, to be Ambassador to Bel- SD–419 section 552 of title 5, United States gium, Zalmay Khalilzad, of Maryland, Small Business and Entrepreneurship Code (commonly referred to as the to be the Representative of the United Business meeting to markup S. 163, to Freedom of Information Act), S. 119, to States of America to the United Na- improve the disaster loan program of prohibit profiteering and fraud relating tions, with the rank and status of Am- the Small Business Administration. to military action, relief, and recon- bassador and the Representative of the SR–428A struction efforts, S. 621, to establish United States of America in the Secu- Veterans’ Affairs commissions to review the facts and rity Council of the United Nations, To hold joint hearings with the House circumstances surrounding injustices Margrethe Lundsager, of Virginia, to Committee on Veterans’ Affairs to ex- suffered by European Americans, Euro- be United States Executive Director of amine the legislative presentation of pean Latin Americans, and Jewish ref- the International Monetary Fund, AMVETS, American Ex-Prisoners of ugees during World War II, and S. Res. 108, designating the first week of April Katherine Almquist, of Virginia, to be War, Military Order of the Purple 2007 as ‘‘National Asbestos Awareness an Assistant Administrator of the Heart, Gold Star Wives of America, Week’’ and to discuss the possibility of United States Agency for International Fleet Reserve Association, the Retired the issuance of certain subpoenas in Development, Douglas Menarchik, of Enlisted Association, Military Officers connection with investigation into re- Texas, to be an Assistant Adminis- Association of America, and the Na- placement of United States Attorneys. trator of the United States Agency for tional Association of State Directors of SD–226 International Development. (Re- Veterans Affairs. 2:30 p.m. appointment), and Ford M. Fraker, of SD–226 Intelligence Massachusetts, to be Ambassador to 10 a.m. Closed business meeting and hearing re- the Kingdom of Saudi Arabia. Commerce, Science, and Transportation garding certain intelligence matters. SD–419 To hold hearings to examine the nomina- SH–219 2:30 p.m. tion of David James Gribbin IV, of Vir- Appropriations ginia, to be General Counsel of the De- MARCH 30 Interior, Environment, and Related Agen- partment of Transportation. cies Subcommittee SR–253 10 a.m. To hold hearings to examine proposed Environment and Public Works Appropriations budget estimates for fiscal year 2008 for Business meeting to consider S. 801, to Legislative Branch Subcommittee United States Forest Service. designate a United States courthouse To hold hearings to examine proposed SD–124 located in Fresno, California, as the budget estimates for fiscal year 2008 for Commerce, Science, and Transportation ‘‘Robert E. Coyle United States Court- the Office of the Senate Sergeant at Space, Aeronautics, and Related Agencies house’’, S. 521, to designate the Federal Arms and Doorkeeper, and the United States Capitol police. Subcommittee building and United States courthouse SD–138 To hold hearings to examine and customhouse located at 515 West transitioning to a next generation First Street in Duluth, Minnesota, as APRIL 10 Human Space Flight System. the ‘‘Gerald W. Heany Federal Building SR–253 and United States Courthouse and Cus- 10 a.m. 3 p.m. tomhouse’’, the Public Buildings Cost Commerce, Science, and Transportation Appropriations Reduction Act, the Water Resources To hold an oversight hearing to examine Financial Services and General Govern- Development Act of 2007, and the nomi- the Federal Trade Commission (FTC). ment Subcommittee nations of Roger Romulus Martella, SR–253 To hold hearings to examine the pro- Jr., of Virginia, to be Assistant Admin- posed budget estimates for fiscal year istrator of the Environmental Protec- APRIL 11 2008 for the Department of the Treas- tion Agency, and Bradley Udall, of Col- 9:30 a.m. ury. orado, to be a Member of the Board of Veterans’ Affairs SD–192 Trustees of the Morris K. Udall Schol- To hold hearings to examine issues rel- Health, Education, Labor, and Pensions arship and Excellence In National En- ative to Filipino veterans. To hold hearings to examine No Child vironmental Policy Foundation. SR–418 Left Behind Reauthorization, focusing SD–406 10 a.m. on effective strategies for engaging Homeland Security and Governmental Af- Banking, Housing, and Urban Affairs parents and communities in schools. fairs To hold hearings to examine the avail- SD–430 Federal Financial Management, Govern- ability and affordability of property 3:30 p.m. ment Information, Federal Services, and casualty insurance in the Gulf Armed Services and International Security Sub- Coast and other coastal regions. Personnel Subcommittee committee SD–538 To hold hearings to examine active com- To hold hearings to examine eliminating Rules and Administration ponent, reserve component, and civil- and recovering improper payments, fo- To hold an oversight hearing to examine ian personnel programs in review of the cusing on the Office of Management the Smithsonian Institution. Defense Authorization Request for fis- and Budget report entitled ‘‘Improving SR–301

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