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

Vol. 153 WASHINGTON, WEDNESDAY, JANUARY 31, 2007 No. 19 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces and indeed our entire Lake Minne- called to order by the Speaker pro tem- to the House his approval thereof. tonka community are truly blessed by pore (Mr. POMEROY). Pursuant to clause 1, rule I, the Jour- Dr. Ross’ strong and principled leader- f nal stands approved. ship as well as his inspiring commit- ment to help people in need. DESIGNATION OF THE SPEAKER f Every summer since 1996, Dr. Ross PRO TEMPORE PLEDGE OF ALLEGIANCE has led a mission of primarily young The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the people to Mexico where they have built fore the House the following commu- gentleman from Virginia (Mr. GOODE) over 100 homes for the poorest of the nication from the Speaker: come forward and lead the House in the poor. As one 8th grader from our WASHINGTON, DC, Pledge of Allegiance. church told me, J.R. not only talks the January 31, 2007. Mr. GOODE led the Pledge of Alle- talk, he walks the walk. He is always I hereby appoint the Honorable EARL POM- giance as follows: the first one up the ladder in the morn- EROY to act as Speaker pro tempore on this day. I pledge allegiance to the Flag of the ing and the last one down from the roof NANCY PELOSI, United States of America, and to the Repub- in the evening. Speaker of the House of Representatives. lic for which it stands, one nation under God, Mr. Speaker, the Reverend Dr. John indivisible, with liberty and justice for all. f Ross is truly a man of God who lives f out the Biblical command to love God, PRAYER WELCOMING THE REVEREND DR. love others, and serve the least The Reverend Dr. John F. Ross, Pas- amongst us. tor, Wayzata Community Church, JOHN F. ROSS AS GUEST CHAP- LAIN Thank you again, Dr. Ross. Thank Wayzata, Minnesota, offered the fol- you, J.R., for serving the House of Rep- lowing prayer: (Mr. RAMSTAD asked and was given resentatives today and for doing the God of extravagant love, You give us permission to address the House for 1 Lord’s work in our church and commu- Your kingdom and then bid us to live minute and to revise and extend his re- nity every day. in such a way as to claim it. We cele- marks.) f brate in Your presence the ministry of Mr. RAMSTAD. Mr. Speaker, it is a all who give of themselves in service special privilege to welcome today’s ANNOUNCEMENT BY THE SPEAKER and love to others. guest chaplain, the Reverend Dr. John PRO TEMPORE Enable us to break down any walls Ross, Senior Minister of Wayzata Com- The SPEAKER pro tempore. The that may exist between us, discovering munity Church in Wayzata, MN. Chair will entertain up to five addi- the magnificence of honesty and the On behalf of the entire House, thank tional 1-minute speeches per side. splendor of community. Grant us un- you, J.R., as Dr. Ross is known back f derstanding as we hope to be under- home, for your moving and very timely stood, caring as we hope to be cared prayer and for serving as guest chap- REMEMBERING FATHER PHILIP for. May we never seek to get as much lain here today. CASCIA as to give, or self as much as I know Dr. Ross and his wonderful (Ms. DELAURO asked and was given servanthood. May we never seek glory wife, Sheila, very well as Kathryn and permission to address the House for 1 for ourselves, but delight in You. Bless us in the knowledge that while I, our family are members of Wayzata minute.) You have given us Your word, You have Community Church. We are proud to Ms. DELAURO. Mr. Speaker, our not given us all Your words but that call Dr. Ross our senior minister and community recently lost a treasure, a You are indeed still speaking. Startle grateful to call John and Sheila and man whose reach extended to commu- us with the truth that Your final word their four wonderful children our dear nities across the world for the last will be love. All this we pray in grati- friends. three decades. Father Phillip Cascia tude for Your all-encompassing grace. Mr. Speaker, the Reverend Dr. John made an indelible mark on the lives of Amen. Ross is a true servant-leader who per- thousands, thousands of people at his sonifies faith, compassion and service parishes, like St. Anthony’s Church in f to people in need. Dr. Ross came to Prospect, CT, and indeed across the THE JOURNAL Wayzata Community Church in 2004, globe. His commitment to children and The SPEAKER pro tempore. The after a 14-year ministry in Columbus, families was as strong as his reach was Chair has examined the Journal of the OH. Our Wayzata Community Church long.

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

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VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.000 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1058 CONGRESSIONAL RECORD — HOUSE January 31, 2007 Father Cascia will long be remem- WAR IN IRAQ My colleagues, Congress must keep bered for many things. For starting the (Mr. PASCRELL asked and was given the Federal Government’s word to tim- St. Vincent dePaul Society Shelter and permission to address the House for 1 bered communities and pass H.R. 17. Soup Kitchen in Waterbury, CT, not minute.) Time is running out. only the largest soup kitchen in Con- Mr. PASCRELL. President Bush says f necticut but also its largest homeless that he is going forward with his plan DEMOCRATIC MAJORITY GETTING shelter, a thrift store, a mental health for a troop surge in Iraq regardless of RAVE REVIEWS FOR COM- center; for when the United States what the Congress does and what the PLETING 100 HOURS AGENDA State Department called upon him to American people want. But Senator help youth in St. Petersburg, Russia, SPECTER was right when he said yester- (Mr. MORAN of Virginia asked and paving the way for his work opening an day that the President is not the sole was given permission to address the orphanage for victims of earthquakes decider, that the future of this war is a House for 1 minute and to revise and there; and for his work founding joint and shared responsibility with extend his remarks.) Intersport USA and other remarkable this Congress. It is time the President Mr. MORAN of Virginia. Mr. Speak- international exchange programs he realizes that Congress will no longer be er, last November, the American people started in Sao Paulo, Brazil, China and asleep at the wheel while this war demanded a new direction for America. Vietnam, work that led this Congress, rages on. Democrats are now providing that new this body to nominate him for a Nobel You need only to read the Constitu- direction, consistently bringing with Peace Prize. tion to know that Congress has the them more than 60 Republicans on all the major votes, and they are deliv- Most of all, he will be remembered power to decide the direction of this ering results on the priorities of the for being a builder of bridges. Mr. war. The Constitution gives Congress American people. Let me quote from a Speaker, Father Philip Cascia was an array of war powers, including the random sample of newspapers around never content to live his faith confined power to declare war, to raise and sup- the country. within the walls of his church. He port armies and make rules concerning The Seattle Post Intelligencer wrote, reached out. Whether you knew him for captures on land and water. The Fram- ‘‘Well, slap us twice and call us Betty, a moment, a few months or a few dec- ers knew what they were doing in the Democrats in Congress actually ac- ades, as I did, you were touched by his checks and balances. They intended complished what they pledged to do, on values and moved by his compassion. that, by giving Congress the power to schedule no less.’’ Few lived their faith with greater com- declare war, they had the authority to The Charlotte Observer concluded, mitment, dignity and hope. Father make decisions about the war’s scope ‘‘House Democrats are getting high Cascia will be missed, but he will al- and duration. marks from the public for their legisla- ways be remembered. Now is not the time for a troop surge. Now is the time for a real plan in Iraq. tive moves in the first 100 hours of the new session of Congress. They are on f The Murtha Plan, which I support, stipulates a diplomatic surge instead of the right road.’’ a troop surge. It is time for President The South Florida Sun-Sentinel THE MOJAVE WATER AGENCY Bush to realize that we all support our wrote, ‘‘Democrats in the House made good on their promise to pass signifi- (Mr. LEWIS of California asked and brave troops, but America does not cant legislation during their first 100 was given permission to address the support the war. hours in power. Actually, it took less House for 1 minute and to revise and f than that time to pass the six bills the extend his remarks.) CONGRESSIONAL INACTION JEOP- House Democrats hailed as their top Mr. LEWIS of California. Mr. Speak- ARDIZES CROOK COUNTY AND priorities. This belies the perception er, the Mojave Water Agency formed in OREGON SCHOOL PROGRAMS that nothing ever gets done in Wash- 1960 and based in Apple Valley, CA, (Mr. WALDEN of Oregon asked and ington.’’ serves the High Desert Region of San was given permission to address the Mr. Speaker, I don’t know whether it Bernardino County. House for 1 minute and to revise and is because they elected Democrats or One of the agency’s directors, my extend his remarks.) because we put a woman in charge, but very good friend, Beverly Lowry, who Mr. WALDEN of Oregon. Mr. Speak- things are happening in this House, and joins us here today, represents Division er, the failure of Congress to reauthor- they are all good. 6. Bev has lived in Barstow for more ize the Secure Rural Schools and Com- f munity Self-Determination Act is a than 30 years and has dedicated herself LONE STAR VOICE: BORDER breach of faith to more than 600 for- to public service. AGENT’S WIFE ested counties across America and 4,400 She served on the agency’s board of school districts. (Mr. POE asked and was given per- directors from 1973 to 1977 and again For Crook County, OR, this means mission to address the House for 1 from 1989 to the present. Mrs. Lowry is real cuts in jail beds, sheriffs’ patrols, minute.) a commissioner of the Mojave River criminal prosecutions and the pursuit Mr. POE. Mr. Speaker, on the lawless Basin Area Watermaster. She has been of methamphetamine cooks. These southern border, Border Patrol agents on the board of the Barstow Heights services were once funded by timber re- are routinely assaulted by illegals. Community Service District for 20 ceipts, but, because of the virtual They are shot at. They are run down by years, including 10 years as president. elimination of timber harvest, a coun- smugglers in trucks. Officers who daily She has also served for 11 years on the ty which once supported seven saw risk their lives protecting America are Flood Control Advisory Committee for mills employing thousands of people not always protected by America. Zone 4 and has also been the Chair of does not have a single operating mill As a border agent’s wife writes me: the Veterans Home Support Founda- today. ‘‘In Texas, agents are regularly as- tion. Crook County Judge Scott Cooper saulted, and no prosecution is sought. The legislation I introduce today will says, ‘‘The Federal Government has They are told their injuries are not se- authorize the Mojave Water Agency’s been pursuing a comprehensive strat- vere enough to deem Federal prosecu- thoughtful Water Regional Manage- egy of disinvestment in rural commu- tion. My husband and his partner were ment Plan. Bev Lowry and other direc- nities,’’ and he is right. both shot while on duty. The criminal tors, with the help of their dedicated Congress’ inaction hurts our chil- who shot them was never tried on Fed- staff, have worked since 2001 to formu- dren, too. Central Oregonian Jeff Sand- eral charges. Instead, he was tried by late a Regional Water Management ers, president of the Oregon School the State of Texas. Why is it when an Plan that will provide water to this Boards Association, is here on Capitol agent doing his job injures a criminal, desert region for years to come. This is Hill with us today pleading for Con- the highest level of prosecution is a great bill, and I am proud to intro- gress to act on the behalf of the 560,000 sought, but when agents are assaulted, duce it today. K–12 school children in Oregon. rarely, if any, prosecution is sought?

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.003 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1059 Why also is it that hundreds of drug Under this agreement, if there is am- tleman from Washington (Mr. smugglers flee to Mexico, but we never nesty and a glide path to citizenship, HASTINGS), pending which I yield my- try to track them down until they will illegal aliens will be able to qualify self such time as I may consume. Dur- aid in prosecuting border agents? their work in the United States for So- ing consideration of this resolution, all Those who do a difficult job of pro- cial Security funds. This would result time yielded is for the purpose of de- tecting our borders need all the help in a huge increase in Social Security bate only. they can get.’’ costs for the United States at a time (Ms. SLAUGHTER asked and was Mr. Speaker, America needs to vigor- when we are wrestling with reforming given permission to revise and extend ously prosecute criminals who assault that system. her remarks.) our border agents. After all, they are We need to stop the totalization Ms. SLAUGHTER. Mr. Speaker, H. the first line of defense from the illegal agreement and preserve Social Secu- Res. 116 provides for consideration of invasion into our homeland. rity. H.J. Res. 20, the continuing resolution And that’s just the way it is. f for fiscal year 2007. It may seem f strange that we are doing that at this WISHING HAPPY BIRTHDAY TO late date. WE NEED A COMPREHENSIVE MARION STOUT ON HER 111TH IMMIGRATION REFORM PACKAGE BIRTHDAY The rule provides 1 hour of debate equally divided and controlled by the (Ms. GIFFORDS asked and was given (Mr. DUNCAN asked and was given chairman and ranking minority mem- permission to address the House for 1 permission to address the House for 1 ber on the Committee on Appropria- minute.) minute.) Ms. GIFFORDS. Mr. Speaker, I rise tions. The rule also provides one mo- Mr. DUNCAN. Mr. Speaker, I want to tion to recommit. today to make clear once again the im- wish a happy birthday today to my mediate need for a comprehensive im- Mr. Speaker, every Congress has a constituent, Marion Stout. She is 111 constitutional responsibility to be good migration reform package. today and is now the oldest person in The L.A. Times yesterday reported stewards of the money given to it by Tennessee. the American people, but the last Con- that seven of the largest tunnels dis- She never misses a church service at covered under the U.S.-Mexico border gress failed to live up to this duty. Of Second Presbyterian Church in Knox- the 11 appropriations bills it was sup- in recent years have still yet to be ville. She walks two or three times a filled in. This troubles me for many posed to pass in 2006, only two were week with her caregiver, who says she completed. The others were abandoned, reasons, not the least of which because walks until she gets tired, but she smugglers have tried to use these pas- left for the incoming Democratic Con- never gets tired. For her walks, she al- gress to deal with. sages before. ways wears a pretty dress, heels and We need to work in a bipartisan fash- My fellow Democrats and I could rouge to highlight her blue eyes. have approached this responsibility in ion to end illegal immigration. And we No matter what small thing someone have to focus our attention on those the way it was approached last year, does for her, she always says thank but we promised to run the House dif- who wish to do America harm, whether you. She says, I eat right, take care of they are drug smugglers, human smug- ferently, to run it responsibly, and that myself and stay positive. is exactly what we intend to do. glers or terrorists. She bought some GE stock when she We had a mess to clean up, Mr. President Bush made it very clear was 102 because she wanted a good, Speaker. The budget failures of the last week in the State of the Union ad- long-term investment. past Republican Congress have vastly dress that we need to have a serious I know the entire House wants to join increased our national debt, but they civil and conclusive debate on illegal me in wishing Marion Stout a happy did more than that. They left agencies, immigration. I agree, and I look for- 111th birthday today. ward to doing just that, working with States and localities in limbo for the administration and my colleagues f months concerning their future fund- on both sides of the aisle to do just PROVIDING FOR CONSIDERATION ing. What is more, we have seen an ex- that. OF H.J. RES. 20, FURTHER CON- plosion in earmarks over the last 12 My district in southern Arizona con- TINUING APPROPRIATIONS, FIS- years in Washington, earmarks that tinues to bear the brunt of the crisis, CAL YEAR 2007 had greased the wheels of an out-of- control congressional machinery. whether it is in our schools, our law Ms. SLAUGHTER. Mr. Speaker, by enforcement, our first responders or in direction of the Committee on Rules, I The number of earmarks approved by our hospitals. It is time to do what is call up House Resolution 116 and ask the House had, according to estimates necessary to secure the border now. for its immediate consideration. by even the most conservative of f The Clerk read the resolution, as fol- groups, doubled and tripled in recent Congresses, and for every shameful, un- 1015 lows: b justifiable bridge to nowhere that was SOCIAL SECURITY TOTALIZATION H. RES. 116 exposed and shouted down by the pub- AGREEMENT WITH MEXICO Resolved, That upon the adoption of this lic, many more questionable earmarks resolution it shall be in order to consider in slipped through undetected, a few lines (Mr. GOODE asked and was given the House the joint resolution (H.J. Res. 20) permission to address the House for 1 making further continuing appropriations here or there in a large bill, misspend- minute.) for the fiscal year 2007, and for other pur- ing the people’s money and taking ad- Mr. GOODE. Mr. Speaker, on June 29, poses. All points of order against the joint vantage of their trust. 2004, the United States Social Security resolution and against its consideration are The Democrats have pledged to fun- Commissioner and the Director Gen- waived except those arising under clause 9 or damentally reform the way earmarks eral of the Mexican Social Security In- 10 of rule XXI. The joint resolution shall be are passed into law by this body, to considered as read. The previous question bring transparency to a process that stitute entered into a Social Security shall be considered as ordered on the joint totalization agreement between Mexico resolution to final passage without inter- until recently had been deliberately and the United States. vening motion except: (1) one hour of debate shrouded in darkness. The U.S. has totalization agreements equally divided and controlled by the chair- The Rules reform package that we with 20 other countries. However, all of man and ranking minority member of the enacted on the first day of this Con- these, except Canada, are with coun- Committee on Appropriations; and (2) one gress will shed new and much-needed tries a substantial distance away. As a motion to recommit. light on the earmarking process. It will result, they involve relatively few The SPEAKER pro tempore. The gen- require the full disclosure of all ear- workers and have little or no impact tlewoman from New York (Ms. SLAUGH- marks proposed by Members of the on illegal immigration. Unfortunately, TER) is recognized for 1 hour. House. If a project is worth funding, the Mexican totalization agreement Ms. SLAUGHTER. Mr. Speaker, for then the Representative requesting it will be a huge incentive for increased the purpose of debate only, I yield the should have no qualms with standing illegal immigration. customary 30 minutes to the gen- up publicly on its behalf.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.005 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1060 CONGRESSIONAL RECORD — HOUSE January 31, 2007 But the earmarks in the budget bills for others to fix. Democrats are mak- Mr. DEFAZIO of Oregon that would have left undone by Republicans last Con- ing the tough choices the American provided a 1-year extension of funding gress did not have any such standards people expect us to make and that they so that these schools could keep their applied to them, and so Democrats elected us to make. libraries open, keep the teachers at have decided to rid this CR of all ear- At the end of the day, that is what least through the end of the school marks. It was a difficult decision and real leadership is all about. year, and help counties with necessary one which we all had to justify to our Mr. Speaker, I reserve the balance of road repairs. Let me be clear. Last constituents back home. But in the my time. year, over 4,400 schools received $400 end, it was a necessary step to bring Mr. HASTINGS of Washington. Mr. million, and with this bill, they will re- forth a new day in the people’s House. Speaker, I thank the gentlewoman and ceive exactly zero. Mr. Speaker, this bill is not perfect, the chairwoman of the Rules Com- After convincing testimony by Mr. and cleaning up the mess we inherited mittee for yielding me the customary WALDEN, three Democrat members of required difficult choices between bad 30 minutes, and I yield myself as much the Rules Committee agreed to join me alternatives. time as may I consume. and Chairwoman SLAUGHTER as cospon- But I am very pleased that despite it Mr. Speaker, yesterday the Rules sors of H.R. 17 which would fix the all the legislation does contain in- Committee held a 3-hour hearing and problem for an additional 7 years. Less creases in funding for critical programs took testimony from the appropria- than an hour later, however, the Rules affecting the lives of millions of people tions chairman Mr. OBEY and Members Committee voted against even consid- at home and around the world. that brought forth amendments to the ering a bipartisan amendment that Spending on veterans health care is committee in hopes of having them de- would provide 1 hour of relief for this increased by $3.6 billion above the 2006 bated and considered on the floor here problem, saying that it is not the right spending level. Spending on Pell today. vehicle. Grants for the first time in 5 years is Many good ideas were presented to Mr. Speaker, please try to explain to increased by $615.4 million. The NIH is the committee. These ideas ranged school children when their libraries going to receive an additional $619.6 from considering a true, clean con- close because of insufficient funding million. tinuing resolution to restoring the that the Congress wanted to act but Other increases are going to support lapse Federal Government safety net chose not to because they did not feel public housing, crime and law enforce- for 4,400 schools and 780 counties in this was the right vehicle. ment, and domestic transportation rural America, from helping farmers Meanwhile, Mr. Speaker, hundreds of needs. with natural disaster relief, to increas- unauthorized programs continue to be The bill even has a global focus, ing funding for local housing authori- funded in this underlying resolution. granting an additional $1.3 million to ties, to taking unspent money from a We do not have a complete list of the expand the efforts to combat HIV/AIDS rain forest education project in Iowa unauthorized programs because the un- and tuberculosis internationally. and, instead, spending those moneys to derlying measure is not a general ap- Mr. Speaker, the minority, I predict, help millions, to help our veterans. propriations bill and did not go will claim that the closed rule under But unfortunately, after listening to through regular order. Therefore, there which we are debating this bill is a vio- the thoughtful testimony from Mem- is no report which is required to list all lation of the spirit of the House and a bers on their ideas for improving the unauthorized programs that are fund- rejection of the promises Democrats bill, the Rules Committee rejected ed. made last year to open up the legisla- every single one of them and approved Mr. Speaker, I heard my colleagues tive process. this closed rule by an 8–4 vote. on the other side of the aisle speak at Let me be very clear, extremely clear So this House will spend just 1 hour, length about the open process they about the past record of the House. Mr. Speaker, considering this bill with would have when they were in charge. Since 1997, the House has voted on 75 no amendments even allowed to be de- I want to believe them, I truly do. I continuing resolutions, and all of bated and no substitute bill allowed to have had discussions with my col- them, 100 percent, were considered be offered by the minority. leagues up in the Rules Committee under a closed rule process with no So why the rush and the closed proc- every time we have met this year, but amendments allowed. What is more, a ess? We are not asking for much. Give unfortunately, the actions simply do third of those continuing resolutions us a few minutes to sort out confusing not match the promises that were contained substantive policy changes. parts of this resolution that have not made. In addition to that extensive prece- passed the House previously, but have dent, the House has already fully de- magically appeared in this resolution, b 1030 bated and considered eight of the ap- like a rewriting of the formula for the At the beginning of the 110th Con- propriations measures contained here. distribution of section 8 housing funds. gress, I heard my colleagues on the ma- To do so again would take us all year, This new formula will affect hundreds jority side say that after we wrap up and we do not have that luxury, not of communities all across the Nation. our first 100 hours agenda, we will have with the many challenges that con- In my district in Washington State, an open process. It has now been nearly front our Nation at this moment in his- multiple communities are slated to 4 weeks. The 100 hours are long past, tory. have their grants cut dramatically. In and yet the House is yet to consider a Under the circumstances left for us one city, city of Kennewick, the hous- bill under an open rule. Most have been by the former majority, we have done ing authority alone there will have closed out without any amendments. the best we could. We have produced a their grant cut by $1 million. That is I have to ask when, when will this bill that will keep the government roughly one-third of their total budget. House have the opportunity to debate functioning and a bill that, despite its This rewritten formula was not ap- and consider the bills? When will the flaws, is a breath of fresh air compared proved by the House in previous spend- minority be permitted to truly partici- with how appropriations legislation ing bills for this year and clearly needs pate in this process? Because I can used to be handled in this Congress. more input and discussion before be- think of no better time than right now Mr. Speaker, the American people coming law. Unfortunately, we are de- when we are considering the funding are ready for a new direction. They nied the opportunity to discuss that. for our Nation’s priorities and funding have proved that in this country, and One major issue that is neglected on for almost the entire Federal Govern- that is why they put a new kind of Con- this bill is a continuing safety net for ment. gress in power. This Congress is going our schools and counties in rural areas Let us have a real debate on the $463 to be defined not just by the way it that have large amounts of Federal billion in this omnibus. I urge my col- does business, but by the kind of busi- land and, therefore, have a very limited leagues to vote against this rule. ness it conducts. tax base. Recognizing the importance Mr. Speaker, I reserve the balance of This Congress is not going to pass the of this safety net, Mr. WALDEN of Or- my time. buck, leaving unfinished business for egon came to the Rules Committee and Ms. SLAUGHTER. Mr. Speaker, I others to handle and leaving problems offered a bipartisan amendment with yield myself 30 seconds.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.008 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1061 Just as a response to my colleague Mr. OBEY. I understand that. We had (Mr. DREIER asked and was given from Washington to remind him that, nine other requests to do the same permission to revise and extend his re- just a month ago, the minority was the thing. If we had done so, Members on marks.) majority. If he thinks the things he your side of the aisle would have come Mr. DREIER. Mr. Speaker, I rise in points out today were serious prob- and attacked us and scalped us for strong opposition to this rule. We keep lems, he should have fixed them then. doing things that we had no business hearing that every time this has come Mr. Speaker, I yield 5 minutes to the doing. So he can’t have it both ways, before us it has been considered under gentleman from Wisconsin (Mr. OBEY). which is what many Members in the a closed rule. A closed rule is the norm Mr. OBEY. I thank the gentlewoman minority are trying to do today. for this. The fact of the matter is, in for the time. I would be happy to join with the 1987 is the last time that we considered Mr. Speaker, let me simply make a gentleman in urging the authorizing a year-long CR that would have al- few observations about the gentleman’s committee to fix the problem, but it is lowed for consideration of the entire comments. With respect to the forest not within our purview to do. budget. funded school program that he is talk- With that, I take back the balance of Guess what? It was under a Demo- ing about, it needs to be understood my time. cratic Congress, and at that time they Mr. Speaker, I don’t want to prolong that is not within the jurisdiction of made eight amendments in order. the comments on the rule. Let me sim- our committee. The problem with that Since that time, we considered short- ply say that the majority had 8 months program is that the authorizing com- term continuing resolutions, and they mittee has allowed that program to ex- to deal with the most basic responsi- bility of a legislative body, which is to have been done under unanimous con- pire, and it is a mandatory program. sent, they have been done under sus- Any time the Appropriations Com- pass the Federal budget. They were in the majority. They now are not. Now pension of the rules. But it is a com- mittee tries to involve itself in manda- plete mischaracterization to say every tory programs we get skinned by peo- they are in the minority. We are trying to clean up their spilt time we consider something like this it ple on both sides of the aisle, and we milk, and they can squawk all they has been done under a closed rule. are told to mind our own business. We want about how we did it. The fact is, Mr. Speaker, at some point, at some have. there are no new issues here. Virtually point, and I don’t know when that will I am very sympathetic about the gen- every single issue that will be debated be, the Democratic leadership is going tleman’s problem, but this is not an ap- today was already debated when we to run out of excuses as to why they propriated program. The Appropria- passed the appropriation bills. These deny both Democrats and Republicans, tions Committee deals with discre- are the bills that the House passed last Democrats and Republicans, the oppor- tionary spending, not mandatory summer in the previous session of the tunity to participate in the process. spending. Congress. We had hundreds of amend- First, it was, we promised to get the Mr. HASTINGS of Washington. ments to these bills. Six for ’06 done in 100 hours. We consid- Would the gentleman yield? Now because the Republicans in the ered a lot of this stuff in the last Con- Mr. OBEY. Surely. House couldn’t convince the Repub- gress. Then it was, well, this is the Mr. HASTINGS of Washington. I ap- licans in the Senate to vote for these same rule that was considered back in preciate the gentleman for yielding. bills, we have before us what is, in es- the 103rd Congress. Now it is, well, this Mr. Speaker, I appreciate the con- sence, a pre-conferenced conference re- is your mess, Republicans, and we have versation we had earlier that this is port, and we have boiled down this al- to clean it up. not in your jurisdiction, but we were most 1,000 pages. This is what it would The fact of the matter is, the argu- given waivers in this bill for legislation look like if we had an omnibus appro- ment that our friends on the other side that is also not under your jurisdic- priation bill. We would have had 1,000 of the aisle have continued to make tion, and the rewrite, if I am not mis- pages of legislative material. We have over and over and over again is shut- taken, of the formula that I mentioned boiled it down to about 150 pages. ting out more than half of the Amer- on formula 8. We have basically decided to stick ican people. As I say, it is shutting out Mr. OBEY. But the fact is we have with the fiscal year 2006 basic funding the opportunity for both Democrats not reauthorized expired programs. level for most programs. We try to and Republicans to participate in the That is the difference. We do not have then adjust programs for agencies so process. the authority to reauthorize a manda- that they don’t have to lay off workers, tory program. If we did, we would have We offered 21 amendments, very so that they don’t have to have fur- thoughtful amendments, that would to find another $320 million, and I loughs, such as the Social Security De- would like to know where that offset is have taken $44.5 million, $44.5 million, partment and the FBI, who both told that is utilized right now for rain for- going to come from. us that they desperately needed these Mr. HASTINGS of Washington. est education in Iowa and transfer that adjustments or they would have to spending to help provide desperately Would the gentleman yield? shut down their operations or lay off Mr. OBEY. The gentleman is right to needed assistance to the war wounded. people. These are the kinds of priorities that want this program to continue, but he We then decided that there are some we have set forward, Mr. Speaker. is wrong if he thinks that the Appro- priorities on both sides of the aisle, and Tragically, this process has denied us priations Committee is the proper we used almost $10 billion, which we to help the war wounded over those venue for it. had cut from other portions of the bill, Mr. HASTINGS of Washington. to finance those items. who want to focus attention on rain Would the gentleman yield? You may not like the choices we forest education in Iowa. Mr. OBEY. I would prefer not to. I have made, but, in contrast to the last Oppose this rule and oppose this only have 5 minutes. The gentleman as Congress which ducked its responsi- measure. the bill manager has more time than I bility to make these choices, at least Ms. SLAUGHTER. Mr. Speaker, I do. we have made the choices. At least we want to yield 1 minute to Mr. OBEY The SPEAKER pro tempore. The gen- have made them, and we are going to from Wisconsin for whatever he wants tleman from Wisconsin has the time. vote on this today. We are going to to do with it. Mr. OBEY. Mr. Speaker, I yield for 30 send it to the Senate so that when the Mr. OBEY. Mr. Speaker, we have just seconds. President submits his new budget on heard unmitigated nonsense from the Mr. HASTINGS of Washington. I ap- February 5, he has a clean slate and so gentleman. The gentleman is somehow preciate the gentleman for yielding. do we, and that is the way it ought to claiming that we are funding that silly Mr. Speaker, the amendment that be. rain forest that your party agreed to 2 was offered by our colleague from Or- Mr. HASTINGS of Washington. Mr. years ago in Iowa. The fact is that Sen- egon, while, yes, it refers to as a man- Speaker, I am pleased to yield 2 min- ator BYRD and I made clear we would datory program was simply a 1-year utes to the distinguished ranking mem- provide no earmarks in the 2006 bill. program so that this problem could be ber of the Rules Committee, Mr. Mr. DREIER. Would the gentleman fixed. DREIER from California. yield?

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Mr. OBEY. I am not going to yield, so Federal Government made a decision Congressman DOC HASTINGS (WA) as cospon- let me finish my thought. The gen- at some point to stop harvesting tim- sors of H.R. 17. tleman does it all the time, and it is ber on Federal forest land in a signifi- As I have said in eight of 18 one-minute highly rude. cant measure, an 80 to 85 percent re- Floor speeches, the failure of Congress to re- Mr. DREIER. I always yield. duction, that this Congress, through its authorize the County Payments program is a Mr. OBEY. I would simply point out actions in the past and lawsuits and ev- breach of faith to more than 600 forested that we had no requirement to retro- erything else, brought to a dramatic counties and 4,400 school districts across actively go back 2 years earlier and re- halt, active management of our Fed- America. peal silly things that your side of the eral force. The DeFazio-Walden amendment offered in aisle did 2 years ago. There is not a dol- Last year in America, 9 million acres the Rules Committee yesterday would have lar in this bill for that rain forest. You burned, and this Congress had to appro- provided the vital $400 million to fund this pro- know it as well as I do. Quit trying to priate $1.5 billion to put out forest fires gram for one year as we work to fully reau- pretend otherwise. and grassland fires, the most in the thorize and fund the program. The amendment Mr. HASTINGS of Washington. Mr. history of our country, following an- would have met the PAYGO rule by providing Speaker, I am pleased to yield 41⁄4 min- other year that was the most. a .00086 percent across-the-board reduction utes to the gentleman from Oregon. We will not change the policy so we in the [$463 billion] CR we are considering Mr. WALDEN of Oregon. Mr. Speak- get commonsense management of our today. This fraction of a percent reduction er, I want to thank my colleague from forests. Now, for the first time in near- amounts to one penny out of every $11.59 Washington State for yielding time. ly 100 years you break the commitment which will be appropriated in this CR. Mr. Speaker, I am here today to talk that the Federal Government has had One penny is all that rural counties and about the Secure Rural Schools and since Teddy Roosevelt was President school districts across this country need. Community Self-Determination Act, and created the great forest reserves, Without this penny, what will happen to rural H.R. 17, of which the chairman of the to be a good neighbor to the counties America’s forested counties and school dis- Rules Committee is a cosponsor. where up to 70 or 80 percent of the Fed- tricts? Severe cuts in funding for jail beds, I went before the Rules Committee eral lands in their counties are owned sheriff’s patrols, and criminal prosecutions, yesterday with an amendment cospon- and managed or mismanaged, in some and the pursuit of meth cooks. Rural school sored by my colleague from Oregon of our opinions, by the Federal Govern- districts will forego overdue repairs, not buy (Mr. DEFAZIO) to reauthorize, or to ap- ment. textbooks, or face significant challenges bus- propriate, I should say, not reauthor- School kids in my district out in sing kids to school. ize, for 1 year, just 1 year, funds for our Grant County boarding this bus are Libraries will close in places like Jackson schools and roads in our communities, going to be traveling on roads where County, Oregon. In fact, during the Rules $400 million. the road department is basically being Committee discussion yesterday, Chairwoman To meet the PAYGO test, we pro- eliminated. SLAUGHTER commented that ‘‘even during the vided a mechanism. It is not the most I want to share with you a letter Depression we didn’t close libraries.’’ I would elegant mechanism out there, but it from a fifth grader in Ashland, Oregon. like to draw your attention to a letter I received was an across-the-board reduction in A fifth grader in Ashland, Oregon, gets from Alice, a fifth-grader from Ashland, Or- all spending by .00086 percent, or 1 it and understands that this Congress egon who utilizes one of the 15 Jackson penny out of $11.59 spent in this bill. ought to be able to understand it and County libraries scheduled to close in April if Today, across America, in more than get it. She wrote to me after going to this vital funding is not restored. 4,400 school districts in 600 counties, a Martin Luther King event and de- There are further impacts. Surely you re- layoff notices are going out for teach- cided she ought to get involved in pub- member the searches for the Kim Family in ers, for sheriffs’ deputies, for search- lic service. Her mother is a school southern Oregon and the mountain climbers and-rescue patrols, for essential serv- teacher; her father is a professor. on Mt. Hood? Both Jackson and Hood River ices in our counties. Libraries in Jack- ‘‘I live in Ashland and go to Bellview Counties used equipment and personnel paid son County, Oregon, will close in April, School. I am in fifth grade. I use our li- for in part by the County Payments program in all 15 of them, because the last Con- brary a lot. We always borrow books on those searches. The Klamath County, Oregon gress and now this Congress has failed tape for car trips. My New Year’s reso- sheriff’s force of 35 officers will be cut by one- to take action, failed. lution is to read all the ‘Hank the third. They patrol an area 100 times the size The distinguished gentleman who Cowdog’ books, and the library has of the District of Columbia. chairs the Appropriations Committee them all. I need the library to stay These vital county services and rural school says, this is mandatory spending; we open so I can finish my resolution. I programs were once funded by timber re- can’t touch it in our bill. You can’t au- also use a lot of books there for school ceipts. The virtual elimination of timber harvest thorize in this bill, oh, unless you got reports. in our Federal forests prompted Congress to a waiver from the Rules Committee, ‘‘Please help to keep our library sys- provide payments to develop forest health im- because you cannot stand here and tell tem open! provement projects on public lands and simul- me there aren’t programs being funded ‘‘Sincerely, Alice.’’ taneously stimulate job development and com- in this bill that have fully been author- I appreciate your willingness to work munity economic stability. ized. I don’t believe it is the case. This with us in the future. I wish we could Consider that Oregon’s Second District, is one such program, and you made the have had the amendment made in order which I represent, is 60 percent public land; choice not to do it here. in this resolution so that Alice could 78 percent of Harney County is public land; 79 Now, many of you have indicated get her school books and the layoff no- percent of Deschutes County is public land; 72 that you will work with us to fund this tices wouldn’t go out. percent of Hood River County is public land. somewhere else, and I am deeply appre- The Secure Rural Schools and Community While these forest and range lands are ciative of that. The chairwoman of the Self-Determination Act (H.R. 17 a.k.a. County America’s treasures, these vast tracts of land Rules Committee, a cosponsor of this Payments), in both this Congress and the last, do not provide a tax base for communities, reauthorization legislation, made that has been a strongly bipartisan issue. greatly reducing the amount of revenue that commitment yesterday, I believe, to The DeFazio-Walden legislation to reauthor- can be generated for services like schools, li- work with us on some other vehicle. ize and fund the County Payments program braries, and law enforcement. But I just have to tell you how dra- for seven years enjoys the support of 98 I appreciate the kind words from the Rules matic this is in my district and in dis- Members of their House. Committee members and their commitment to tricts across this country where school I would like to thank the members of the work with Congressman DEFAZIO and myself board administrators are having to tell Rules Committee who heard me out yesterday to find the appropriate legislative vehicle to their teachers, next year I can’t guar- on a DeFazio-Walden amendment which deal with this rural Federal funding crisis. antee you will have a contract, and I would have restored funding for this vital pro- We must not wait any longer—pink slips are have to be able to do that by March 1. gram. I would like to thank Congressmen being sent to county employees, rural school They are putting out the layoff no- MCGOVERN, ALCEE HASTINGS (FL) and programs are being cut, and Alice, the fifth- tices. They are looking at shutting CARDOZA, who following my remarks in Com- grader from Ashland, Oregon is losing her li- down vital services. All because this mittee, joined Chairwoman SLAUGHTER and brary—time is running out.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 9920 E:\CR\FM\K31JA7.013 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1063 Ms. SLAUGHTER. Mr. Speaker, I am major concern in our whole area out that has been done. We don’t have to pleased to yield 6 minutes to the gen- there in the Northwest, and I appre- bring up extraneous issues. I, too, like tleman from Oregon (Mr. ciate his leadership on this issue. Mr. OBEY, choked hearing about the BLUMENAUER). Mr. BLUMENAUER. Mr. Speaker, re- reference to the rain forest, which claiming my time, I want to divide the wasn’t something that is dealt with in b 1045 issues here. I appreciate my friend and this bill. You could go back over time Mr. BLUMENAUER. Mr. Speaker, I colleague clarifying that it was both and start undoing the work that Mr. appreciate the gentlewoman’s courtesy committees, neither of which I am a DREIER or others disagree with when in permitting me to speak on this. member of, but I am working with him, they were in the majority. I hope they I understand my colleague from Or- Mr. DEFAZIO, Mr. DICKS and others in come to the Appropriations Committee egon being frustrated. This is an issue the Northwest to try to resolve this. with proposals to rescind things that we have discussed over the last year, We are frustrated that the process they did, but do it in the course of reg- and I imagine his frustration has dou- broke down, but I want us to get start- ular order in terms of the authorizing bled because the committee that he ed on the right foot. committee or coming forward with was a member of in the last Congress, Mr. DICKS. Mr. Speaker, if the gen- their own amendments in the course of the bill did not find its way into law tleman will yield again just briefly. what is going to happen this year. because of what happened in the prior Mr. BLUMENAUER. Yes. To somehow pick on this rule, pick Congress. I understand his going with Mr. DICKS. Mr. Speaker, when we on this CR, trying to deal with the my colleague, Mr. DEFAZIO, to the first had the forest plan, the major re- mess that the Appropriations Com- Rules Committee and flagging the duction in timber harvesting, we mittee inherited, I think is out of line, issue because while it is not quite as worked on a bipartisan basis to get an uncalled for, and, frankly, hypocritical. critical in my direct district, it affects offset. I think it was like $250 million, Mr. HASTINGS of Washington. Mr. them and it affects my State. And not something like that, and a phase out Speaker, I am pleased to yield 2 min- just Oregon, but there are people in over a number of years. But I realize utes to the gentleman from Mississippi rural America across the United States some of the schools, especially in Or- (Mr. WICKER), a member of the Appro- for whom this is serious. egon, get a very substantial amount of priations Committee. I am sorry that the last Congress money for this program, and I hope we Mr. WICKER. Mr. Speaker, I am glad failed in its responsibility. I worked can find an offset. to hear that my friend from Oregon with him then. I will work with him Mr. BLUMENAUER. Mr. Speaker, re- supports regular order. That is not now. claiming my time, I appreciate Mr. what we are seeing today. But the pundits say there is no point I respectfully disagree slightly in DICKS’ willingness to come forward, his terms of the tactic, in terms of venting interaction with my colleague even in talking about the legislative process in this debate today. They say people frustration at the Rules Committee or now, Mr. WALDEN. the Appropriations Committee. I take This is important business. It failed don’t care about the rights of the legis- the Chair of the Appropriations Com- last Congress. It is not going to be lative minority. I am not so sure about mittee at his word that he is con- achieved this Congress unless we are that. When people outside the Beltway cerned. He will work with us. The able to do it in a bipartisan fashion, hear that the funding bill for the rest of the year was basically drawn up by Chair of the Rules Committee, Ms. unless we are able to look seriously at two people—one Senate chairman and SLAUGHTER, is a cosponsor with us. And dealing with the funding. Wedging it in one House chairman, in a closed room I look forward, as we move forward here, with all due respect, is ill-ad- with no input from anyone else—they with this year’s budget, to doing the vised. Having an across-the-board cut might conclude that doesn’t sound best we can. for everybody on something where I quite right. And then when they hear Mr. DICKS. Mr. Speaker, will the know Mr. OBEY has been working very this bill cuts military construction by gentleman yield? hard to clear the decks so we can get $730 million below last year’s level and Mr. BLUMENAUER. I would be busy on this year’s budget and that we falls over $3 billion short of the rede- happy to yield to the gentleman from can start looking at the overall fiscal ployment needs of our servicemen and Washington. situation. their families, then most people might Mr. DICKS. I think it is the Ways and I will continue my efforts to work feel a little more debate and a few Means Committee. Is it Agriculture or with the gentleman, but I don’t think more people in the room could have re- Ways and Means? we ought to confuse it today with the sulted in a solution that fully funded Mr. BLUMENAUER. It is Natural Re- matter before us. I think it is appro- these essential programs. That is the sources, isn’t it? priate to use as a vehicle to raise the way the legislative process works. Mr. WALDEN of Oregon. Mr. Speak- issue. I think it was a point well made Someone drafts up a proposal. Then it er, if the gentleman will yield, I think before the Rules Committee. I appre- is debated and amended, and in the I can clarify it, although I am on the ciate his coming to the floor here end, a consensus is possible. minority side. today to talk about unmet needs. But this is the first time in recent Mr. BLUMENAUER. I yield to the There may be others that could talk memory where the leadership simply gentleman from Oregon. about unmet needs. The issue before us puts two people in a room and lets Mr. WALDEN of Oregon. Mr. Speak- is moving forward. them write an entirely new bill, mov- er, the bill, I think, has been referred For me, I hope this is the last time ing the numbers around to suit their to both the Natural Resources Com- this CR action happens. I appreciate own preferences. And then the House is mittee and the Agriculture Committee. the Appropriations Committee being told ‘‘just take it or leave it.’’ No In the last Congress, my subcommittee willing to make some very tough deci- amendments. No give and take. No one and the full Resources Committee sions. This is not something that would else allowed to submit a better idea. passed the bill out to the Agriculture have been ideal. I am sure Mr. DICKS, And only 30 minutes of debate for the Committee, where no further action as a senior member of that committee, minority side. was taken, nor was there any action there are things that he would have Maybe that is why this bill does not taken by the United States Senate, done differently. I am sure Mr. OBEY meet the critical needs of our soldiers, which was no great surprise. didn’t want to be in this situation. But such as basic housing allowance and re- Mr. BLUMENAUER. Thank you. the fact is we are picking up from the search for Gulf War veterans and am- Mr. DICKS. And if the gentleman will abject failure of the Republican leader- putees. continue to yield, then, of course, ship last Congress, a breakdown in the So, Mr. Speaker, process may be con- under PAYGO, we have to find an off- process, a failure to pass the legisla- sidered inside baseball and a nonissue set; isn’t that correct? tion, and now we must move forward. to some. But to me, democracy calls Mr. BLUMENAUER. Right. I support this rule. I don’t think we for a fair process, even in a continuing Mr. DICKS. Mr. Speaker, I certainly have to go back 20 years to find one ex- resolution; and, more often than not, it want to tell the gentleman I want to ception. The fact is we have a plan to results in a better bill for the average work with him as well because this is a move forward. I appreciate the work citizen.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.015 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1064 CONGRESSIONAL RECORD — HOUSE January 31, 2007 Ms. SLAUGHTER. Mr. Speaker, I re- create this irresponsible problem by derlying 137-page, as they call it, omni- serve the balance of my time. delaying passage of these necessary bus appropriations measure that is Mr. HASTINGS of Washington. Mr. measures in the first place? It should being rushed to the floor of the House Speaker, I am pleased to yield 2 min- have been done by the end of Sep- of Representatives today without com- utes to the gentleman from New York tember of last year. Despite the con- mittee oversight, regular order, or (Mr. WALSH), a member of the Appro- stitutional expectations to pass all ap- input from the vast majority of Mem- priations Committee. propriation bills by September 30 in bers of this body. Mr. WALSH of New York. Mr. Speak- time for the new fiscal year, the last Last night in the Rules Committee, I er, I thank the gentleman for yielding. time all appropriation bills passed on offered an amendment that would have I would like to begin by acknowl- time was 1994, when the Democrats eliminated $44.5 million in unspent edging the work of Chairman OBEY and were in charge, and thank goodness we funds from an earmark that dates back his staff in consulting with us on the are again. to the 2004 omnibus appropriations Labor-HHS chapter of this bill. I know The action today roughly provides measure that would have created an in- the gentleman from Wisconsin, chair- cuts in over 60 programs and rescinds door rain forest in Coralville, Iowa. Be- man of the Appropriations Committee, unobligated balances in order to trans- cause the project failed to meet its has been put in a difficult position. A fer $10 billion in savings that are used non-Federal matching funds matching position we in the House lamented all to address critical investments such as requirement, this money remains last year when the other body ne- our veterans’ health care and health unspent. It is sitting waiting for it to glected to schedule time for our bills. accounts of the Department of Defense be spent. But I would remind everyone that to care for our returning wounded vet- Last night, I offered an amendment under Chairman LEWIS’ leadership, we erans. It will keep our Social Security that could be used for better purposes. completed work on every bill but one offices open rather than shutting them It could be used to make sure that we by July 4 of last year. down. Community policing is increased move the money to the veterans health This process insist my view is beyond by $70 million. And it provides impor- care program, and that is exactly what the pale. First of all, this is a con- tant help for students, Pell grants, my amendment said. Despite their tinuing resolution in name only. For about $260 more per year for each of claim of support for veterans health all practical purposes, it is an omnibus them. It covers additional children care and their stated opposition to ear- bill. To my knowledge, not one Member with disabilities. It provides $103.7 mil- marks, Democrats rejected my com- of the House other than the bill’s spon- lion for Head Start. It provides funding monsense proposal on a party line vote sor saw this product in its entirety to expand some of our community of 9–4. until Monday night. Let us be clear. health centers to take care of people They also rejected along the same This is not an inconsequential bill. It who don’t have any health insurance. party line margin an amendment of- provides roughly half the money need- It keeps our Public Housing authorities fered by my colleague from California ed to run the government for an entire, utility costs at least paid for the mo- (Mr. CAMPBELL) which would have re- and we are going to whisk it off the ment. It provides $125 million for 38,000 placed the Democrats’ omnibus spend- House floor in a grand total of 2 hours. additional students below grade level. ing bill with a clean continuing resolu- The Appropriations Committee has not And we provide an additional $197.1 tion that would have saved taxpayers met to discuss the contents of the bill, million for the Clean Water State Re- around $7 billion. let alone to offer amendments that volving Loan Fund. Federal Highway Mr. Speaker, we are on the floor could improve it. And Members of the funds are provided at levels guaranted today because we believe that the proc- House have had only slightly more in SAFETEA and Amtrak funding is ess that should have included more than one day to decode the unorthodox maintained at 2006 levels. We know time and more opportunity for feed- language contained in this 137-page that is still $266 million below 2004 lev- back but at least the ability in the document. Furthermore, the bill before els. We just don’t have the funds to do Rules Committee to do the right thing us is not amendable by the body as a everything we want to do. But at least was rejected by the Democrats who whole. I cannot recall the entire time I we want to move forward. stand up and say that they are for an have been a Member of the House a sin- Our Nation has many needs, Mr. open and fair process. gle appropriations bill that has not Speaker, and we need to understand Mr. Speaker, I am going to vote been open to amendment at some level. and meet those responsibilities for our against this bill. The American people who watch this troops in Iraq and Afghanistan. But Ms. SLAUGHTER. Mr. Speaker, I re- debate will see us spend $463.5 billion of surely we have responsibilities here at serve the balance of my time. their money with a grand total of 2 home, and we have a responsibility to Mr. HASTINGS of Washington. Mr. hours of discussion, 1 hour on the rule, meet the need for a defensible budget Speaker, I yield 2 minutes to my 1 hour of general debate. If you do the policy that imposes tough decisions in former colleague on the Rules Com- math, that is $3.8 billion per minute of tough time. mittee, Mr. GINGREY from Georgia. public debate. Frankly, that is a trav- I want to congratulate Mr. OBEY as Mr. GINGREY. Mr. Speaker, I rise esty, and the American people deserve our new chairman of the Appropria- today to oppose this rule and the un- better. tions Committee, somebody who is not derlying resolution. No amendments Ms. SLAUGHTER. Mr. Speaker, I only well suited to this position, but allowed, no committee hearings, no yield 21⁄2 minutes to the gentlewoman probably the finest chairman of Appro- committee votes taken, all we have is from Ohio (Ms. KAPTUR). priations I have ever had the oppor- simply a closed rule, a closed process, a Ms. KAPTUR. Mr. Speaker, I rise in tunity to serve with. bunch of broken promises. support of the Continuing Resolution Thank you for doing what you had to So here we go again, Mr. Speaker. for Fiscal 2007 and I join in compli- do for the Nation. Congratulations. Once more, Members of the House find menting our distinguished chairman, Please, I ask all my colleagues to themselves with really no good choices, Mr. OBEY, for accomplishing in a few vote for this continuing resolution on forced to accept the ‘‘our way or the weeks, with the distinguished Senate behalf of all the citizens of our coun- highway’’ mentality of the new major- Appropriations Chairman, ROBERT try. ity, despite their promises to do other- BYRD, what their predecessors were Mr. HASTINGS of Washington. Mr. wise. both unwilling and unable to do. Speaker, I am pleased to yield 2 min- As if the majority’s broken promises A mess was inherited from the prior utes to my colleague on the Rules for civility and openness in the people’s Congress, and this bill cleans those up Committee, Mr. SESSIONS of Texas. House wasn’t disconcerting enough, and corrects them in a very responsible this continuing resolution is one giant fashion. b 1100 broken promise. If any of our colleagues on the other Mr. SESSIONS. I thank the gen- For instance, the Democrats promise side want to criticize this package, I tleman from the State of Washington. no earmarks in this continuing resolu- ask why didn’t they fix it when they Mr. Speaker, I rise today in opposi- tion. They even include ‘‘window-dress- had a chance? I also ask why did they tion to this closed rule and to the un- ing’’ language to that effect for the

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.019 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1065 purpose of their talking points and One of the biggest problems we have at the committee level to offer an sound bites. Yet, on closer inspection, with our land management agencies is amendment, and no Republican was al- one realizes that, while this resolution that they do not have enough money in lowed an opportunity to offer an does eliminate earmarks for organiza- the President’s budget to cover fixed amendment to this bill. tions such as the Boys and Girls Clubs costs, and 80 to 90 percent of their costs Ladies and gentlemen, if you are rep- of America, various law enforcement are employees. So when that happens resented by either a Member of the ma- programs, schools and hospitals, it they have been, over the last 7 years, jority or a Member of the minority, somehow still provides funding for sev- forced to cut employment, not fill va- you get no say in this bill. eral notorious million-dollar earmarks cancies. This has affected the Park So the bill then proceeded to the such as the Bridge to Nowhere. Service. This has also affected the Bu- Rules Committee. Well, at the Rules Mr. Speaker, the Democratic ration- reau of Land Management, the Forest Committee, the Democrats and Repub- ale for picking at which earmarks stay Service, the Fish and Wildlife Service. licans in theory could offer amend- and which earmarks go strikes me as They are all hurting. They do not have ments. Would you like to know how bizarre and hypocritical, to say the enough resources. So we have some many amendments were made in order least. very major issues that we have to deal for the minority party? Answer: Zero. Even more troubling, this continuing with. Not one. Not one. resolution shortchanges our military, Conservation has been hit by this ad- How about the Democrats? Were they their families and our communities ministration. From 2001 to 2006, the In- allowed to offer an amendment? This is not a fair procedure, and this transitioning under the BRAC process terior budget has been reduced by 1.2 is not democracy. by almost $3.1 billion, not to mention percent in real terms. EPA has been Ms. SLAUGHTER. Mr. Speaker, I an additional billion dollar shortfall cut by 6.6 percent. We put these two yield 2 minutes to the gentleman from for military construction. Clearly, the agencies together in this bill. Wisconsin (Mr. OBEY). majority has a ‘‘tough love’’ philos- So this is a question of priority; and Mr. OBEY. Mr. Speaker, my only re- ophy when it comes to our military, what I am hopeful of, with the new ma- sponse to some of the comments I have their families and the war on ter- jority and with a new budget and with heard from the other side of the aisle rorism. a new allocation, we will be able to is, you are really something else. You Mr. Speaker, we could have even stop the bleeding in these conservation are really something else. You spent fixed some of these problems right agencies. No one has been a bigger sup- all of the last year trying to pass ap- here, right now if Members had been al- porter of these agencies than the chair- propriation bills. You passed all but lowed to offer amendments. But I guess man of the committee who has worked one through the House. You could not that is not the way it works in this with me on a series of conservation ini- get your Republican friends in the Sen- moveon.org Congress. tiatives over the years, but this is a se- ate to support any of them. So when Ms. SLAUGHTER. Mr. Speaker, I rious problem that we have to face up you relinquished your duties we had no yield 3 minutes to the gentleman from to. domestic budget for the coming year. Washington (Mr. DICKS). You know, we may have to work to I offered on the floor to make any (Mr. DICKS asked and was given per- get new legislation enacted in order to substantive compromises necessary mission to revise and extend his re- increase the amount of money. The when you were still in control. I offered marks.) land and water conservation money, to make any procedural concessions Mr. DICKS. Mr. Speaker, I want to the amount of money that the adminis- necessary to enable you to pass the also commend the chairman of the tration proposed, has never shown up bills on your watch. You did not do it. committee, Mr. OBEY, for the work in the budget. So it is time for us to Your own chairman at the time ad- that he has done on this bill. I had find some new solutions. mitted that the Republican floor leader some reservations, I must say, when we Mr. HASTINGS of Washington. Mr. in the Senate blocked the bills from started down this road. But I now real- Speaker, I yield 11⁄2 minutes to the gen- passage. So you have forfeited any ize that Chairman OBEY and our coun- tleman from Arizona (Mr. SHADEGG). right to squawk about how we cleaned terpart chairman in the Senate had a Mr SHADEGG. Mr. Speaker, I thank up your mess. good plan to put this thing together. the gentleman for yielding. Now I want to comment on a few I regret that last year we did not pass I rise in opposition to this closed rule claims that have been made. You say 9 of the 11 appropriations bills. Thank and to the bill that comes to the floor there has been no participation by the goodness, we passed Defense and Home- under that closed rule. I think it is im- minority side. land Security. And I do think it is im- portant to understand that this 137 This bill was negotiated at the staff portant to point out, and I am sure Mr. page bill comes to the floor as a criti- level for 31⁄2 weeks, 7 days a week, OBEY did this, that we passed most of cally important piece of legislation, a around the clock. Your staff was in- the bills except for HHS in the House. piece of legislation that will control vited to every meeting. Some of them So I do not blame our colleagues here the vast amount of spending of the they did not come because they did not for what happened. It was the other Federal Government for the balance of like the choices that were being made. body that refused to bring the bills up the fiscal year. But someone had to make the deci- in a timely way. And yet the process by which it is sions, because you did not. Now, we have, you know, we had a coming to the floor is no less than So the staff negotiated virtually all difficult hand that we were dealt. stunning. The leaders on the other side of those compromises. When they could There is some very good programs like said, as soon as the 100 hours are over, not reach agreement, then they rural water development and some very we will accord you procedural fairness. brought the Members in. You had Sen- important school money that we could I have here the Boston Globe and the ator DOMENICI on the Republican side not include because they were ear- Washington Post in which each of them and Mr. VISCLOSKY going on and on marks. said, ‘‘As soon as that is done, on Janu- about the Energy and Water bill, for But I do think it is important for ev- ary 18,’’ the majority leader said, ‘‘Re- instance. You had ROSA DELAURO in eryone to recognize that, for Indian publicans will enjoy more rights and the ag bill involved, you had Mr. DICKS Health Services, we were able to in- power than they allowed Democrats in in the Interior bill involved as the ap- crease that by $125 million. If we had the entire 12 years the Democrats were propriate subcommittee chairs. If you not done that, hundreds of thousands of in the minority.’’ did not bring your subcommittee rank- members of the tribes would not have Yet this bill comes to us under a ing members into the mix, that is your been able to get health care. stunning procedure. Indeed, this bill, fault, not mine. We were able to take care of the these 137 pages, at the Appropriations All I know is, our people partici- LANDSAT for the U.S. Geological Sur- Committee level received no hearing, pated. If they did not on your side, it is vey, plus $16 million; U.S. Forest fire- no hearing whatsoever. At the markup either because they did not want to or fighting costs, plus $70; EPA Homeland level, no markup occurred. because you did not invite them to. I Security hazard, plus $9.5; and oper- What does that mean? That means no do not know which is which. Do not ational shortfalls. Democrat was allowed an opportunity blame us for your screw-ups.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.024 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1066 CONGRESSIONAL RECORD — HOUSE January 31, 2007 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE million more students will get the as- they cut that by $72 million. It helps The SPEAKER pro tempore (Mr. sistance they need. with surface water retention so that we POMEROY). All Members are reminded Increases for veterans, $3.6 billion to can reduce the impact of drought on that they should address their remarks provide health care for 325,000 veterans. farmers. They have cut that, again, $72 to the Chair. In the area of the National Institutes million. It also helps with nutrient Mr. HASTINGS of Washington. Mr. of Health Care, 500 research projects management. Speaker, I yield 1 minute to the gen- will be funded that would not have There is a small dams program that tleman from Florida (Mr. KELLER). been funded. This is direct help to the they cut by $74.2 million, which affects Mr. KELLER of Florida. I thank the American people. Arkansas, Florida, Hawaii, Illinois, gentleman for yielding. b 1115 Iowa, Kansas, Kentucky, North Caro- Mr. Speaker, I oppose the rule be- lina, Nebraska, Pennsylvania, Indiana, cause it is a closed rule that does not And in the law enforcement area, Virginia, Texas, Pennsylvania, New provide a fair and open amendment 31,000 positions, including 12,000 FBI Jersey and Oklahoma. And, Mr. Speak- process. agents and 2,500 intelligence analysts er, I am reading out these States so On the positive side, the underlying will be verified, doubling the number of that the Democrat Members from these continuing resolution increases fund- intelligence analysts since 9/11 at the States can realize that they are, a vote ing for Pell Grants and COPS while not FBI. This is exactly the type of invest- for this bill is a vote to cut their own exceeding the spending caps set by the ments we need to do. So from top to dams program in their own States by President’s budget. As the ranking bottom, investing in the education, $74 million. member on the Higher Education Sub- health care, research and law enforce- Now, we have also heard about en- committee, I am pleased that the Pell ment areas that have been sorrily ergy independence. This account also Grant maximum awards go up $260 missed in past budgets, this continuing cuts the biomass program in the USDA from $4,050 to $4,310. resolution makes the investments and by $2 million. But don’t think your I also believe in putting more cops on turns around what were the dire con- taxpayers are going to get any of this the street through increased funding to sequences in those areas. money. Where does the money go? To the COPS Program, especially since And in addition to that, it makes the bureaucracy. The FDA, who only my home town of Orlando saw its mur- clear that this is a new day in Wash- asked for a $20 million increase, gets der rate more than double in the past ington. We will have no earmarks, no $100 million under this omnibus bill. year. I sent a letter to the appropri- pay raise and no gimmicks. And we are Ms. SLAUGHTER. Mr. Speaker, I am ators signed by Anthony Weiner and actually turning the page over so we pleased to yield 30 seconds to the gen- 101 Members calling for an increase in can go forward with the type of budget tleman from Wisconsin (Mr. OBEY). COPS funding. I am pleased that this and the type of appropriations that Mr. OBEY. Mr. Speaker, let me sim- bill increases COPS funding by $70 mil- will continue to put our fiscal house in ply point out to the gentleman who lion, which is enough money to put 900 order, invest in the education and just spoke that our committee took no new cops on the street. health care and energy and environ- action whatsoever on all of the items Ms. SLAUGHTER. Mr. Speaker, I mental security of this country. This he just mentioned. They are all manda- yield 3 minutes to the gentleman from turns the page on a past that was bro- tory programs. All this resolution does Illinois (Mr. EMANUEL). ken and that was failed. And I am is to carry forward the same limita- Mr. EMANUEL. Mr. Speaker, you proud that we have done that. And I tions in those programs that you had know, last year, I watched the worst am sure there will be some colleagues, in them last year. budget failure since the 1995 govern- like in the past, that will point to Mr. HASTINGS of Washington. Mr. ment shutdown led by the Republican things. But we are pointing in a new di- Speaker, I am pleased to yield 11⁄2 min- Congress. You only passed two appro- rection and turning the page on a bro- utes to the gentleman from Florida priations bills, you got no budget reso- ken and failed past and towards a fu- (Mr. WELDON), a member of the Appro- lution passed to get your work done, ture that, in fact, puts America’s prior- priations Committee. and then you are sitting here com- ities and its fiscal house in order. Mr. WELDON of Florida. Mr. Speak- plaining after we are trying to clean up Mr. HASTINGS of Washington. Mr. er, I would like to address some of the the mess you left behind. Speaker, I am sorry that the gen- lemonade that the gentleman from Illi- We have a phrase for that in Chicago. tleman wouldn’t yield. I just wanted to nois was referring to, the impact on It is called chutzpah. You cannot do ask one brief question. But I am NASA in this omnibus continuing reso- that. You cannot sit here and come to pleased to yield 13⁄4 minutes to the gen- lution. the floor and complain about what has tleman from Georgia (Mr. KINGSTON), a The Democratic majority rejected happened here. Because you handed off member of the Appropriations Com- my request to be permitted to offer an nothing but lemons and we are trying mittee. amendment addressing some of the to make lemonade out of the lemons Mr. KINGSTON. Mr. Speaker, I am devastating cuts to NASA that are in- that you handed off here. curious about this new day for the cluded in this bill. The Democrat ma- I compliment us for doing exactly Democrat Party because in the budget jority has chosen, I believe, partisan- what we said we were going to do. that I have a little more control over ship over partnership. The rhetoric There are no earmarks, there is no pay or interest in, the Ag Committee, they about an open process transparency rise, and there are no gimmicks. It is a have cut food stamps by $11 million. I partnership is nothing but a sham. new day in Washington from the fail- want to make sure my Republican col- There is no transparency, there is no ures of what happened in the past, and leagues understand that. That is right. openness. we are very clear that this will be a We just heard from the Democrat This House passed a NASA budget. new day from the type of politics that leader that it is a new day and the We passed $16.7 billion for NASA. Near- ran here, and there will be none of that Democrats, on their first day of this ly all of the increased funds in that bill until we pass an increase in the min- new day, have cut food stamps $11 mil- went to fund the replacement for the imum wage. We have done right by lion. shuttle. Now, this bill drastically re- what we said. They have also, in this budget, cut duces those funds. It will result in I compliment, as the Republican conservation programs right and left. delays in producing the vehicle to re- speaker beforehand, my colleague, They cut, for example, the Equip Pro- place the shuttle, the need to continue said, from Florida, this is a budget that gram. The Equip Program is a program the shuttle beyond 2010. In my opinion, veterans can be proud of, the education designed to help farmers with con- these cuts in the NASA budget will of our children, our health care needs servation and watershed and water run lead to billions of dollars of increased and our law enforcement needs, that off and nutrients going into streams. funds needed in the outyears to keep directly help people. While college They cut it by $70 million. the Orion Project on track. costs have gone up close to 35 percent On the conservation operations ac- There is only one way to interpret since 2003, we have held Pell Grants count, which is an account that helps this, my colleagues, and that is to say frozen. They are now going up $260. 5.3 farmers create habitat for wildlife, this is a back-handed way to destroy

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.029 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1067 the manned space flight program, to with the gentleman. But we promised would help pass PAUL RYAN’s line item destroy the work that is going on in we would eliminate all earmarks in veto bill, and they would show what places like Kennedy Space Center, this bill, and that is what we did, and fiscal responsibility looks like. It is an- Marshall Space Flight Center, Johnson I make no apology for it. other action of the hold-onto-your-wal- Space Flight Center. Mr. HASTINGS of Washington. Mr. let Congress. And to say that there are no ear- Speaker, I am pleased to yield 11⁄2 min- I urge my colleagues to oppose the marks in this bill, in my opinion, is a utes to the gentleman from Texas (Mr. bill. little bit tongue in cheek. Within this HENSARLING). Ms. SLAUGHTER. Mr. Speaker, I re- budget is a huge transfer of funds that Mr. HENSARLING. Mr. Speaker, serve my time. the administration did not ask for. I rarely in the history of America has a Mr. HASTINGS of Washington. Mr. don’t know what else you can call it Congress spent more money with less Speaker, I am pleased to yield 1 minute other than an earmark. accountability than this Congress is to the gentleman from Kansas (Mr. Ms. SLAUGHTER. Mr. Speaker, may doing today: $463 billion with 1, count MORAN). I inquire of my colleague how many it, 1 hour of accountability. One hour Mr. MORAN of Kansas. Mr. Speaker, speakers he has remaining. of general debate. Mr. Speaker, that is yesterday I was before the Rules Com- Mr. HASTINGS of Washington. Mr. $7.7 billion per minute of the people’s mittee requesting permission to offer Speaker, in response to the chair- money that is being spent here today. an amendment, and I appreciate the woman, we have about four or five Families all across America will spend courtesy that was extended to me by speakers left. more time deliberating over the pur- the Rules Committee, but would like to Ms. SLAUGHTER. Mr. Speaker, I re- chase of a new dryer than we will spend highlight, once again, that this omni- serve the balance of my time. in debating how we spend $463 billion of bus spending bill does not include Mr. HASTINGS of Washington. Mr. their hard-earned money. something that is of high priority to Speaker, I am pleased to yield 11⁄4 min- Now, as the Democrats have taken me and a high priority to many of my utes to the gentleman from Missouri over, Speaker PELOSI recently said, colleagues on the Republican side, but (Mr. HULSHOF). ‘‘Democrats believe we must return to clearly a priority to Democrats who, (Mr. HULSHOF asked and was given accountability by restoring fiscal dis- last fall, signed a discharge petition at- permission to revise and extend his re- cipline and eliminating deficit spend- tempting to bring to the House floor marks.) ing.’’ the issue of disaster assistance for Mr. HULSHOF. Mr. Speaker, looking This is fiscal discipline? This is ac- farmers across the country. And de- back over this week’s legislative ac- countability? spite the fact that 196 Members of the complishments, I am sure democracy Mr. Speaker, if this becomes law, House, Democrat Members of the has somehow been furthered by our everybody’s share of the national debt House, signed a discharge petition, we vote on Monday to congratulate the will go up from roughly $28,860 to are still not at the point in which we winners of the Orange Bowl, or our de- $30,399. are able to vote upon providing dis- bate yesterday commending the two This is cutting out deficit spending? aster assistance to farmers across the coaches of the Super Bowl. This is accountability? This is fiscal Midwest and around the country due to But today’s vote has some significant responsibility? weather-related losses. consequences in that we are about to Real fiscal responsibility would have And I would encourage my col- do great harm to our Nation’s land been for the Rules Committee to allow leagues, as we continue to work our- grant colleges by erasing, zeroing out for the amendment from the gentleman selves through the appropriation proc- $186 million in agricultural research from California (Mr. CAMPBELL) to pass ess, that we have other opportunities grants. Today’s vote has real con- a true CR. That would have saved $6 to pursue this. And I hope that the sequences. There are 24 of you on that billion. words that were expressed to me yes- side of the political aisle that rep- We need to vote this rule down. terday in the Rules Committee that resent colleges that get this money, Ms. SLAUGHTER. Mr. Speaker, I re- that would be the case remains true. and I specifically urge five of you that serve my time. Ms. SLAUGHTER. Mr. Speaker, I re- are first-term Members here, Mrs. Mr. HASTINGS of Washington. Mr. serve my time. BOYDA, Ms. SHEA-PORTER, Mr. ELLISON, Speaker, I am pleased to yield 1 minute Mr. HASTINGS of Washington. Mr. Mr. COURTNEY, and Mr. WELCH, to con- to the gentlelady from Tennessee (Mrs. Speaker, how much time is left? sider the following: Your vote on this BLACKBURN). The SPEAKER pro tempore. The gen- continuing resolution zeros out critical Mrs. BLACKBURN. Mr. Speaker, tleman from Washington has 30 seconds research grants in your home districts. today we are considering this Demo- remaining. The gentlewoman from New At the University of Missouri-Colum- crat joint resolution, which really is York has 15 seconds remaining. bia, my alma mater, this resolution nothing more than a big old omnibus b 1130 forces 20 faculty reductions, the dis- bill. It is a bill that uses what appears Mr. HASTINGS of Washington. Mr. missal of 93 staff and 49 graduate stu- to be budget gimmicks and what ap- Speaker, I yield myself the balance of dents. You can argue that you open pears to be some misleading rhetoric to the time. college doors by increasing Pell mask their true passion, which is Mr. Speaker, I will be asking Mem- Grants, and yet those students are spending more of the taxpayer dollars bers to vote ‘‘no’’ on the previous ques- going to find the doors of plant and on government programs. And we know tion so I can insert Mr. SESSIONS and animal science laboratories locked government does not have a revenue Mr. WALDEN’s amendment that was re- tight. problem. Government has a spending jected in the committee. I ask unani- I urge a ‘‘no’’ vote on this CR. problem. mous consent to insert in the RECORD ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE And despite their campaign promises, at the appropriate place the amend- The SPEAKER pro tempore (Mr. they are refusing to allow the House to ment that I will be asking my Members POMEROY). All Members are reminded discuss and vote on something that to consider if we defeat the previous to address their comments to the Chair they advocated just last month, which question. and not to others in the second person. would have been a true continuing res- The SPEAKER pro tempore. Is there Ms. SLAUGHTER. Mr. Speaker, I olution to restore fiscal responsibility objection to the request of the gen- yield 15 seconds to Mr. OBEY of Wis- and to pay down the deficit. tleman from Washington? consin. Now, as my colleague from Texas There was no objection. Mr. OBEY. Mr. Speaker, you can’t said, Representative CAMPBELL offered Ms. SLAUGHTER. Mr. Speaker, I have it both ways. The previous two an amendment, which would have been want to make certain that everybody speakers claimed that there were ear- a true CR. It would have spent $6.2 bil- understands that the money we are op- marks in the bill. Now the gentleman lion less. But they didn’t want that. erating under is the money that the is objecting because we eliminated ag- They wanted the omnibus. If they were Republicans voted last year to spend. ricultural earmarks. The fact is, those committed to fiscal responsibility, We are under their spending levels, not earmarks are very good things. I agree they would join us in that CR. They ours, so the complaints ring hollow.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.033 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1068 CONGRESSIONAL RECORD — HOUSE January 31, 2007 The material previously referred to scribes the vote on the previous question on ANNOUNCEMENT BY THE SPEAKER by Mr. HASTINGS of Washington is as the rule as ‘‘a motion to direct or control the PRO TEMPORE follows: consideration of the subject before the House being made by the Member in charge.’’ To The SPEAKER pro tempore. Pursu- Amendment in the nature of a substitute: ant to clause 8 of rule XX, the Chair Strike all after the resolved clause and in- defeat the previous question is to give the sert: opposition a chance to decide the subject be- will now put each question on which ‘‘That upon the adoption of this resolution fore the House. Cannon cites the Speaker’s further proceedings were postponed in it shall be in order to consider in the House ruling of January 13, 1920, to the effect that the following order: the joint resolution (H. J. Res. 20) making ‘‘the refusal of the House to sustain the de- H. Res. 59, by the yeas and nays; further continuing appropriations for the fis- mand for the previous question passes the H. Con. Res. 34, by the yeas and nays; cal year 2007, and for other purposes. All control of the resolution to the opposition’’ in order to offer an amendment. On March The previous question on H. Res. 116, points of order against the joint resolution by the yeas and nays; and against its consideration are waived ex- 15, 1909, a member of the majority party of- cept those arising under clause 9 or 10 of rule fered a rule resolution. The House defeated Adoption of H. Res. 116, if ordered. XXI. The joint resolution shall be considered the previous question and a member of the The first electronic vote will be con- as read. The previous question shall be con- opposition rose to a parliamentary inquiry, ducted as a 15-minute vote. Remaining sidered as ordered on the joint resolution asking who was entitled to recognition. electronic votes will be conducted as 5- and on any amendment thereto to final pas- Speaker Joseph G. Cannon (R–Illinois) said: minute votes. sage without intervening motion except: (1) ‘‘The previous question having been refused, one hour of debate on the joint resolution the gentleman from New York, Mr. Fitz- f equally divided and controlled by the chair- gerald, who had asked the gentleman to man and ranking minority member of the yield to him for an amendment, is entitled to SUPPORTING THE GOALS AND Committee on Appropriations; (2) the the first recognition.’’ IDEALS OF NATIONAL ENGI- amendment in section 2 of this resolution if Because the vote today may look bad for NEERS WEEK offered by Representative Walden of Oregon the Democratic majority they will say ‘‘the The SPEAKER pro tempore. The un- or his designee, which shall be in order with- vote on the previous question is simply a finished business is the question of sus- out intervention of any point of order, shall vote on whether to proceed to an immediate pending the rules and agreeing to the be considered as read, and shall be separately vote on adopting the resolution . . . [and] debatable for one hour equally divided and has no substantive legislative or policy im- resolution, H. Res. 59. controlled by the proponent and an oppo- plications whatsoever.’’ But that is not what The Clerk read the title of the resolu- nent; and (3) one motion to recommit with or they have always said. Listen to the defini- tion. without instructions. tion of the previous question used in the The SPEAKER pro tempore. The ‘‘SEC. 2. The amendment referred to in sec- Floor Procedures Manual published by the question is on the motion offered by tion 1 is as follows: Rules Committee in the 109th Congress, the gentleman from Illinois (Mr. LIPIN- Page 39, after line 24, insert the following: (page 56). Here’s how the Rules Committee ‘‘SEC. 20327. Of the uncosted balances avail- SKI) that the House suspend the rules described the rule using information from able from funds appropriated under Section and agree to the resolution, H. Res. 59, Congressional Quarterly’s ‘‘American Con- 130 of Division H of the Consolidated Appro- gressional Dictionary’’: ‘‘If the previous on which the yeas and nays are or- priations Act, 2004 (Public Law 108–199) under question is defeated, control of debate shifts dered. the heading ‘Department of Energy, Energy to the leading opposition member (usually The vote was taken by electronic de- Programs, Science’, as amended by Section the minority Floor Manager) who then man- vice, and there were—yeas 417, nays 0, 315 of the Energy and Water Development ages an hour of debate and may offer a ger- not voting 18, as follows: Appropriations Act, 2006 (Public Law 109– mane amendment to the pending business.’’ 103), for the Iowa Environmental and Edu- [Roll No. 64] cation project in Coralville, Iowa, $44,569,000 Deschler’s Procedure in the U.S. House of YEAS—417 Representatives, the subchapter titled is rescinded.’’. Abercrombie Brown-Waite, Davis, Lincoln Page 87, line 6, strike ‘‘$25,423,250,000’’ and ‘‘Amending Special Rules’’ states: ‘‘a refusal Ackerman Ginny Davis, Tom insert ‘‘$25,467,819,000’’. to order the previous question on such a rule Aderholt Buchanan Deal (GA) At the end of chapter 5 of title II of the di- [a special rule reported from the Committee Akin Burgess DeFazio vision B being added by section 2, add the on Rules] opens the resolution to amend- Allen Burton (IN) DeGette following new section: ment and further debate.’’ (Chapter 21, sec- Altmire Butterfield Delahunt ‘‘SEC. 20522. (a) In addition to amounts oth- tion 21.2) Section 21.3 continues: Upon rejec- Andrews Calvert DeLauro erwise appropriated or made available by tion of the motion for the previous question Arcuri Camp (MI) Dent Campbell (CA) Diaz-Balart, L. this division, $400,000,000 is appropriated for on a resolution reported from the Committee Baca Bachmann Cannon Diaz-Balart, M. the purpose of making payments for fiscal on Rules, control shifts to the Member lead- Cantor Dicks year 2007 under sections 102 and 103 of the Se- Bachus ing the opposition to the previous question, Baird Capito Dingell cure Rural Schools and Community Self-De- who may offer a proper amendment or mo- Baker Capps Doggett termination Act of 2000 (Public Law 106–393; tion and who controls the time for debate Baldwin Capuano Donnelly 16 U.S.C. 500 note). The Secretary of the thereon.’’ Barrett (SC) Cardoza Doolittle Carnahan Treasury shall use such funds to make such Barrow Doyle Clearly, the vote on the previous question Carney Drake payments in lieu of using funds in the Treas- Bartlett (MD) on a rule does have substantive policy impli- Carson Dreier Barton (TX) ury not otherwise appropriated, as otherwise Carter Duncan cations. It is one of the only available tools Bean authorized by sections 102(b)(3) and 103(b)(2) Castle Edwards for those who oppose the Democratic major- Becerra of such Act. ity’s agenda and allows those with alter- Castor Ehlers ‘‘(b) There is hereby rescinded an amount Berkley native views the opportunity to offer an al- Chabot Ellison equal to .00086 percent of the budget author- Berman Chandler Ellsworth ternative plan. Berry ity provided (or obligation limit imposed) for Clarke Emanuel Biggert Clay Emerson fiscal year 2007 for any discretionary account Ms. SLAUGHTER. Mr. Speaker, I Bilbray pursuant to this division.’’. Cleaver Engel yield back the balance of my time, and Bilirakis Clyburn English (PA) I move the previous question on the Bishop (GA) Coble Eshoo The information contained herein was pro- Bishop (NY) resolution. Cohen Etheridge vided by Democratic Minority on multiple Bishop (UT) Cole (OK) Everett occasions throughout the 109th Congress.) The SPEAKER pro tempore. The Blackburn Conaway Fallin The Vote on the Previous Question: What question is on ordering the previous Blumenauer Conyers Fattah It Really Means Blunt Cooper Feeney This vote, the vote on whether to question. Boehner Costa Ferguson The question was taken; and the Bonner Costello Filner order the previous question on a spe- Bono Courtney Flake cial rule, is not merely a procedural Speaker pro tempore announced that Boozman Cramer Forbes vote. A vote against ordering the pre- the ayes appeared to have it. Boren Crenshaw Fortenberry vious question is a vote against the Boswell Crowley Foxx Ms. SLAUGHTER. Mr. Speaker, on Boucher Cubin Frank (MA) Democratic majority agenda and a vote that I demand the yeas and nays. Boustany Cuellar Franks (AZ) to allow the opposition, at least for the The yeas and nays were ordered. Boyd (FL) Culberson Frelinghuysen moment, to offer an alternative plan. Boyda (KS) Cummings Gallegly It is a vote about what the House The SPEAKER pro tempore. Pursu- Brady (PA) Davis (AL) Garrett (NJ) ant to clause 8 of rule XX, further pro- Brady (TX) Davis (CA) Gerlach should be debating. Braley (IA) Davis (IL) Giffords Mr. Clarence Cannon’s Precedents of the ceedings on this question will be post- Brown (SC) Davis (KY) Gillibrand House of Representatives, (VI, 308–311) de- poned. Brown, Corrine Davis, David Gillmor

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.038 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1069 Gingrey Manzullo Ruppersberger King (NY) Meek (FL) Paul Hastings (FL) McCotter Sa´ nchez, Linda Gohmert Marchant Ryan (OH) Maloney (NY) Norwood Reynolds Hastings (WA) McCrery T. Gonzalez Markey Ryan (WI) McDermott Oberstar Rush Hayes McGovern Sanchez, Loretta Goode Marshall Salazar Heller McHenry Sarbanes Goodlatte Matheson Sali b 1156 Hensarling McHugh Saxton Gordon Matsui Sa´ nchez, Linda Herger McIntyre Schakowsky Granger McCarthy (CA) T. So (two-thirds being in the affirma- Herseth McKeon Schiff Graves McCarthy (NY) Sanchez, Loretta tive) the rules were suspended and the Hill McMorris Schmidt Green, Al McCaul (TX) Sarbanes resolution was agreed to. Hinchey Rodgers Schwartz Green, Gene McCollum (MN) Saxton The result of the vote was announced Hinojosa McNerney Scott (GA) Grijalva McCotter Schakowsky Hirono McNulty Scott (VA) Gutierrez McCrery Schiff as above recorded. Hobson Meehan Sensenbrenner Hall (NY) McGovern Schmidt A motion to reconsider was laid on Hodes Meeks (NY) Serrano Hall (TX) McHenry Schwartz the table. Hoekstra Melancon Sessions Hare McHugh Scott (GA) Holden Mica Sestak Harman McIntyre Scott (VA) f Holt Michaud Shadegg Hastings (FL) McKeon Sensenbrenner Honda Millender- Hastings (WA) McMorris Shays Serrano HONORING THE LIFE OF PERCY Hooley McDonald Hayes Rodgers Shea-Porter Sessions Hoyer Miller (FL) Heller McNerney LAVON JULIAN Sherman Sestak Hulshof Miller (MI) Hensarling McNulty Shimkus Shadegg The SPEAKER pro tempore. The un- Hunter Miller (NC) Herger Meehan Shuler Shays Inglis (SC) Miller, Gary Herseth Meeks (NY) finished business is the question of sus- Shuster Shea-Porter Miller, George Hill Melancon Inslee Simpson Sherman pending the rules and agreeing to the Mitchell Hinchey Mica Israel Sires Shimkus concurrent resolution, H. Con. Res. 34. Issa Mollohan Hinojosa Michaud Shuler Skelton Hirono Millender- The Clerk read the title of the con- Jackson (IL) Moore (KS) Slaughter Shuster Jackson-Lee Moore (WI) Hobson McDonald Simpson current resolution. Smith (NE) Hoekstra Miller (FL) The SPEAKER pro tempore. The (TX) Moran (KS) Smith (NJ) Sires Jefferson Moran (VA) Holden Miller (MI) Skelton question is on the motion offered by Smith (TX) Holt Miller (NC) Jindal Murphy, Patrick Smith (WA) Slaughter the gentlewoman from Texas (Ms. Johnson (GA) Murphy, Tim Honda Miller, Gary Smith (NE) Snyder Johnson (IL) Murtha Hooley Miller, George Smith (NJ) EDDIE BERNICE JOHNSON) that the Solis Johnson, E. B. Musgrave Hoyer Mitchell Smith (TX) House suspend the rules and agree to Souder Johnson, Sam Myrick Hulshof Mollohan Smith (WA) Space Hunter Moore (KS) the concurrent resolution, H. Con. Res. Jones (NC) Nadler Snyder Spratt Inglis (SC) Moore (WI) 34, on which the yeas and nays are or- Jones (OH) Napolitano Solis Stark Inslee Moran (KS) Jordan Neal (MA) Souder dered. Stearns Israel Moran (VA) Kagen Neugebauer Space This will be a 5-minute vote. Stupak Issa Murphy (CT) Kanjorski Nunes Spratt Sullivan Jackson (IL) Murphy, Patrick The vote was taken by electronic de- Kaptur Oberstar Stark Sutton Jackson-Lee Murphy, Tim vice, and there were—yeas 418, nays 0, Keller Obey Stearns Tancredo (TX) Murtha Kennedy Olver Stupak not voting 16, as follows: Jefferson Musgrave Ortiz Tanner Sullivan Kildee Jindal Myrick [Roll No. 65] Pallone Tauscher Sutton Kilpatrick Johnson (GA) Nadler Pascrell Taylor Tancredo YEAS—418 Kind Johnson (IL) Napolitano King (IA) Pastor Terry Tanner Abercrombie Calvert Dingell Johnson, E. B. Neal (MA) Kingston Payne Thompson (CA) Johnson, Sam Neugebauer Tauscher Ackerman Camp (MI) Doggett Thompson (MS) Taylor Aderholt Campbell (CA) Donnelly Kirk Pearce Jones (NC) Nunes Klein (FL) Pence Thornberry Jones (OH) Obey Terry Akin Cannon Doolittle Tiahrt Thompson (CA) Allen Cantor Doyle Kline (MN) Perlmutter Jordan Olver Knollenberg Peterson (MN) Tiberi Kagen Ortiz Thompson (MS) Altmire Capito Drake Tierney Thornberry Andrews Capps Dreier Kucinich Peterson (PA) Kanjorski Pallone Kuhl (NY) Petri Towns Kaptur Pascrell Tiahrt Arcuri Capuano Duncan LaHood Pickering Turner Keller Pastor Tiberi Baca Cardoza Edwards Udall (CO) Bachmann Carnahan Ehlers Lamborn Pitts Kennedy Payne Tierney Udall (NM) Bachus Carney Ellison Lampson Platts Kildee Pearce Towns Upton Baird Carson Ellsworth Langevin Poe Kilpatrick Pelosi Turner Van Hollen Baker Carter Emanuel Lantos Pomeroy Kind Pence Udall (CO) Vela´ zquez Udall (NM) Baldwin Castle Emerson Larsen (WA) Porter King (IA) Perlmutter Visclosky Upton Barrett (SC) Castor Engel Larson (CT) Price (GA) Kingston Peterson (MN) Walberg Van Hollen Barrow Chabot English (PA) Latham Price (NC) Kirk Peterson (PA) Walden (OR) Vela´ zquez Bartlett (MD) Chandler Eshoo LaTourette Pryce (OH) Klein (FL) Petri Walsh (NY) Visclosky Barton (TX) Clarke Etheridge Lee Putnam Kline (MN) Pickering Walz (MN) Walberg Bean Clay Everett Levin Radanovich Knollenberg Pitts Wamp Walden (OR) Becerra Cleaver Fallin Lewis (CA) Rahall Kucinich Platts Wasserman Walsh (NY) Berkley Clyburn Fattah Lewis (GA) Ramstad Kuhl (NY) Poe Schultz Walz (MN) Berman Coble Feeney Lewis (KY) Rangel LaHood Pomeroy Waters Lamborn Wamp Berry Cohen Ferguson Linder Regula Porter Watson Lampson Price (GA) Wasserman Biggert Cole (OK) Filner Lipinski Rehberg Watt Langevin Price (NC) Schultz Bilbray Conaway Flake LoBiondo Reichert Waxman Lantos Pryce (OH) Waters Bilirakis Conyers Forbes Loebsack Renzi Weiner Larsen (WA) Putnam Watson Bishop (GA) Cooper Fortenberry Lofgren, Zoe Reyes Welch (VT) Larson (CT) Radanovich Watt Bishop (NY) Costa Foxx Lowey Rodriguez Weldon (FL) Latham Rahall Waxman Bishop (UT) Costello Frank (MA) Lucas Rogers (AL) LaTourette Ramstad Weiner Blackburn Courtney Franks (AZ) Lungren, Daniel Rogers (KY) Weller Lee Rangel Welch (VT) Blumenauer Cramer Frelinghuysen E. Rogers (MI) Westmoreland Levin Regula Weldon (FL) Blunt Crenshaw Gallegly Lynch Rohrabacher Wexler Lewis (CA) Rehberg Weller Boehner Crowley Garrett (NJ) Mack Ros-Lehtinen Whitfield Lewis (GA) Reichert Westmoreland Bonner Cubin Gerlach Mahoney (FL) Roskam Wicker Lewis (KY) Renzi Wexler Bono Cuellar Giffords Manzullo Ross Wilson (NM) Linder Reyes Whitfield Boozman Culberson Gillibrand Marchant Rothman Wilson (OH) Lipinski Rodriguez Wicker Boren Cummings Gillmor Markey Roybal-Allard Wilson (SC) LoBiondo Rogers (AL) Wilson (NM) Boswell Davis (AL) Gingrey Marshall Royce Wolf Loebsack Rogers (KY) Wilson (OH) Boucher Davis (CA) Gohmert Matheson Ruppersberger Woolsey Lofgren, Zoe Rogers (MI) Wilson (SC) Boustany Davis (IL) Gonzalez Matsui Rush Wu Lowey Rohrabacher Wolf Boyd (FL) Davis (KY) Goode McCarthy (CA) Ryan (OH) Wynn Lucas Ros-Lehtinen Woolsey Boyda (KS) Davis, David Goodlatte McCarthy (NY) Ryan (WI) Yarmuth Lungren, Daniel Roskam Wu Brady (PA) Davis, Lincoln Gordon McCaul (TX) Salazar Young (AK) E. Ross Wynn Brady (TX) Davis, Tom Granger McCollum (MN) Sali Young (FL) Lynch Rothman Yarmuth Braley (IA) Deal (GA) Graves Mack Roybal-Allard Young (AK) Brown (SC) DeFazio Green, Al NOT VOTING—16 Mahoney (FL) Royce Young (FL) Brown, Corrine DeGette Green, Gene Brown-Waite, Delahunt Grijalva Alexander Hastert Murphy (CT) NOT VOTING—18 Ginny DeLauro Gutierrez Buyer Higgins Norwood Buchanan Dent Hall (NY) Davis, Jo Ann King (NY) Paul Alexander Farr Hastert Burgess Diaz-Balart, L. Hall (TX) Farr Maloney (NY) Reynolds Buyer Fossella Higgins Burton (IN) Diaz-Balart, M. Hare Fossella McDermott Davis, Jo Ann Gilchrest Hodes Butterfield Dicks Harman Gilchrest Meek (FL)

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.003 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1070 CONGRESSIONAL RECORD — HOUSE January 31, 2007 b 1207 Salazar Slaughter Van Hollen The SPEAKER pro tempore. The Sa´ nchez, Linda Smith (WA) Vela´ zquez So (two-thirds being in the affirma- T. Snyder Visclosky question is on the resolution. tive) the rules were suspended and the Sanchez, Loretta Solis Walz (MN) The question was taken; and the Sarbanes Space Wasserman Speaker pro tempore announced that concurrent resolution was agreed to. Schakowsky Spratt Schultz The result of the vote was announced Schiff Stark Waters the ayes appeared to have it. as above recorded. Schwartz Stupak Watson RECORDED VOTE A motion to reconsider was laid on Scott (GA) Sutton Watt Scott (VA) Tanner Waxman Ms. SLAUGHTER. Mr. Speaker, I de- the table. Serrano Tauscher Weiner mand a recorded vote. Sestak Taylor Welch (VT) A recorded vote was ordered. f Shea-Porter Thompson (CA) Wexler Sherman Thompson (MS) Wilson (OH) The SPEAKER pro tempore. This PROVIDING FOR CONSIDERATION Shuler Tierney Woolsey will be a 5-minute vote. OF H.J. RES. 20, FURTHER CON- Simpson Towns Wu Sires Udall (CO) Wynn The vote was taken by electronic de- TINUING APPROPRIATIONS, FIS- Skelton Udall (NM) Yarmuth vice, and there were—ayes 225, noes 191, CAL YEAR 2007 not voting 19, as follows: NAYS—192 The SPEAKER pro tempore. The Aderholt Frelinghuysen Myrick [Roll No. 67] pending business is the vote on order- Akin Gallegly Neugebauer AYES—225 Bachmann Garrett (NJ) Nunes ing the previous question on House Abercrombie Gutierrez Bachus Gerlach Pearce Olver Resolution 116, on which the yeas and Ackerman Hall (NY) Baker Gillmor Pence Ortiz Allen Hare nays are ordered. Barrett (SC) Gingrey Peterson (PA) Pallone Altmire Harman The Clerk read the title of the joint Bartlett (MD) Gohmert Petri Pascrell Andrews Hastings (FL) Barton (TX) Goode Pickering Pastor resolution. Arcuri Herseth Biggert Goodlatte Pitts Payne Baca Hill The SPEAKER pro tempore. The Bilbray Granger Platts Pelosi Baird Hinchey question is on ordering the previous Bilirakis Graves Poe Perlmutter Baldwin Hinojosa Bishop (UT) Hall (TX) Porter Peterson (MN) question. Barrow Hirono Blackburn Hastings (WA) Price (GA) Pomeroy This is a 5-minute vote. Bean Hodes Blunt Hayes Pryce (OH) Price (NC) Becerra Holden The vote was taken by electronic de- Boehner Heller Putnam Rahall Berkley Holt vice, and there were—yeas 227, nays Bonner Hensarling Radanovich Rangel Berman Honda Bono Herger Ramstad Reyes 192, not voting 16, as follows: Berry Hoyer Boozman Hoekstra Regula Rodriguez Bishop (GA) Inslee [Roll No. 66] Boustany Hooley Rehberg Ross Bishop (NY) Israel Brady (TX) Hulshof Reichert Rothman YEAS—227 Blumenauer Jackson (IL) Brown (SC) Hunter Renzi Roybal-Allard Abercrombie Donnelly Lewis (GA) Boren Jackson-Lee Brown-Waite, Inglis (SC) Rogers (AL) Ruppersberger Ackerman Doyle Lipinski Boswell (TX) Ginny Issa Rogers (KY) Rush Allen Edwards Loebsack Boucher Jefferson Buchanan Jindal Rogers (MI) Altmire Ellison Lofgren, Zoe Boyd (FL) Johnson (GA) Ryan (OH) Burgess Johnson (IL) Rohrabacher Andrews Ellsworth Lowey Boyda (KS) Johnson, E. B. Salazar Burton (IN) Johnson, Sam Ros-Lehtinen ´ Arcuri Emanuel Lynch Brady (PA) Jones (OH) Sanchez, Linda Calvert Jones (NC) Roskam Baca Engel Mahoney (FL) Braley (IA) Kagen T. Camp (MI) Jordan Royce Baird Eshoo Markey Brown, Corrine Kanjorski Sanchez, Loretta Campbell (CA) Keller Ryan (WI) Baldwin Etheridge Marshall Butterfield Kaptur Sarbanes Cannon King (IA) Sali Barrow Fattah Matheson Capps Kennedy Schakowsky Cantor Kingston Saxton Bean Filner Matsui Capuano Kildee Schiff Capito Kirk Schmidt Becerra Frank (MA) McCarthy (NY) Cardoza Kilpatrick Schwartz Carter Kline (MN) Sensenbrenner Berkley Giffords McCollum (MN) Carnahan Kind Scott (GA) Castle Knollenberg Sessions Berman Gillibrand McGovern Carney Klein (FL) Scott (VA) Chabot Kuhl (NY) Shadegg Berry Gonzalez McIntyre Carson Kucinich Serrano Coble LaHood Shays Bishop (GA) Gordon McNerney Castor Lampson Sestak Cole (OK) Lamborn Shimkus Bishop (NY) Green, Al McNulty Chandler Langevin Shea-Porter Conaway Latham Shuster Blumenauer Green, Gene Meehan Clarke Lantos Sherman Crenshaw LaTourette Smith (NE) Boren Grijalva Meeks (NY) Clay Larsen (WA) Shuler Cubin Lewis (CA) Smith (NJ) Boswell Gutierrez Melancon Cleaver Larson (CT) Simpson Culberson Lewis (KY) Smith (TX) Boucher Hall (NY) Michaud Clyburn Lee Davis (KY) Linder Souder Sires Boyd (FL) Hare Millender- Cohen Levin Davis, David LoBiondo Stearns Skelton Boyda (KS) Harman McDonald Conyers Lewis (GA) Davis, Tom Lucas Sullivan Slaughter Brady (PA) Hastings (FL) Miller (NC) Cooper Lipinski Deal (GA) Lungren, Daniel Tancredo Smith (WA) Braley (IA) Herseth Miller, George Costa Loebsack DeFazio E. Terry Snyder Brown, Corrine Hill Mitchell Costello Lofgren, Zoe Dent Mack Thornberry Solis Butterfield Hinchey Mollohan Courtney Lowey Diaz-Balart, L. Manzullo Tiahrt Space Capps Hinojosa Moore (KS) Cramer Lynch Diaz-Balart, M. Marchant Tiberi Spratt Capuano Hirono Moore (WI) Crowley Mahoney (FL) Doolittle McCarthy (CA) Turner Stark Cardoza Hodes Moran (VA) Cuellar Markey Drake McCaul (TX) Upton Stupak Carnahan Holden Murphy (CT) Cummings Marshall Dreier McCotter Walberg Sutton Carney Holt Murphy, Patrick Davis (CA) Matheson Duncan McCrery Walden (OR) Tanner Carson Honda Murtha Davis (IL) Matsui Ehlers McHenry Walsh (NY) Tauscher Castor Hoyer Nadler Davis, Lincoln McCarthy (NY) Emerson McHugh Wamp Taylor Chandler Inslee Napolitano DeGette McCollum (MN) English (PA) McKeon Weldon (FL) Thompson (CA) Clarke Israel Neal (MA) Delahunt McGovern Everett McMorris Weller Thompson (MS) Clay Jackson (IL) Oberstar DeLauro McIntyre Fallin Rodgers Westmoreland Tierney Cleaver Jackson-Lee Obey Dicks McNerney Feeney Mica Whitfield Towns Clyburn (TX) Olver Dingell McNulty Ferguson Miller (FL) Wicker Udall (CO) Cohen Jefferson Ortiz Doggett Meehan Flake Miller (MI) Wilson (NM) Udall (NM) Conyers Johnson (GA) Pallone Donnelly Meeks (NY) Forbes Miller, Gary Wilson (SC) Cooper Johnson, E. B. Pascrell Doyle Michaud Van Hollen Fortenberry Moran (KS) Wolf ´ Costa Jones (OH) Pastor Edwards Millender- Velazquez Foxx Murphy, Tim Young (AK) Costello Kagen Payne Ellison McDonald Visclosky Franks (AZ) Musgrave Young (FL) Courtney Kanjorski Pelosi Ellsworth Miller (NC) Walz (MN) Cramer Kaptur Perlmutter NOT VOTING—16 Emanuel Miller, George Wasserman Crowley Kennedy Peterson (MN) Engel Mitchell Schultz Alexander Hastert Meek (FL) Cuellar Kildee Pomeroy Eshoo Mollohan Waters Buyer Higgins Cummings Kilpatrick Price (NC) Norwood Etheridge Moore (KS) Watson Davis, Jo Ann Hobson Davis (AL) Kind Rahall Paul Fattah Moore (WI) Watt Farr King (NY) Davis (CA) Klein (FL) Rangel Reynolds Filner Moran (VA) Waxman Fossella Maloney (NY) Davis (IL) Kucinich Reyes Frank (MA) Murphy (CT) Weiner Gilchrest McDermott Davis, Lincoln Lampson Rodriguez Giffords Murphy, Patrick Welch (VT) DeGette Langevin Ross Gillibrand Murtha Wexler Delahunt Lantos Rothman b 1216 Gonzalez Nadler Wilson (OH) DeLauro Larsen (WA) Roybal-Allard So the previous question was ordered. Gordon Napolitano Woolsey Dicks Larson (CT) Ruppersberger Green, Al Neal (MA) Wu Dingell Lee Rush The result of the vote was announced Green, Gene Oberstar Wynn Doggett Levin Ryan (OH) as above recorded. Grijalva Obey Yarmuth

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.042 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1071 NOES—191 announces the Speaker’s appointment units of Government for fiscal year 2007, and Aderholt Frelinghuysen Myrick of the following Members of the House for other purposes, namely: Akin Gallegly Neugebauer as congressional advisers on trade pol- ‘‘TITLE I—FULL-YEAR CONTINUING Bachmann Garrett (NJ) Nunes icy and negotiations: APPROPRIATIONS Bachus Gerlach Pearce Baker Gillmor Pence Mr. RANGEL, New York ‘‘SEC. 101. (a) Such amounts as may be nec- Barrett (SC) Gingrey Peterson (PA) Mr. LEVIN, Michigan essary, at the level specified in subsection (c) Bartlett (MD) Gohmert Petri Mr. TANNER, Tennessee and under the authority and conditions pro- Barton (TX) Goode Pitts Mr. MCCRERY, Louisiana vided in the applicable appropriations Act Biggert Goodlatte Platts for fiscal year 2006, for projects or activities Bilbray Granger Mr. HERGER, California Poe (including the costs of direct loans and loan Bilirakis Graves Porter f guarantees) that are not otherwise provided Bishop (UT) Hall (TX) Price (GA) Blackburn Hastings (WA) Pryce (OH) COMMUNICATION FROM CHAIRMAN for and for which appropriations, funds, or Blunt Hayes Putnam OF COMMITTEE ON WAYS AND other authority were made available in the Boehner Heller following appropriations Acts: Radanovich MEANS Bonner Hensarling Ramstad ‘‘(1) The Agriculture, Rural Development, Bono Herger Regula The SPEAKER pro tempore laid be- Food and Drug Administration, and Related Boozman Hobson Rehberg Boustany Hoekstra fore the House the following commu- Agencies Appropriations Act, 2006. Reichert ‘‘(2) The Energy and Water Development Brady (TX) Hooley Renzi nication from the Honorable CHARLES Appropriations Act, 2006. Brown (SC) Hulshof Rogers (AL) B. RANGEL, Chairman, Committee on Brown-Waite, Hunter ‘‘(3) The Foreign Operations, Export Fi- Rogers (KY) Ways and Means: Ginny Inglis (SC) Rogers (MI) nancing, and Related Programs Appropria- Buchanan Issa Rohrabacher COMMITTEE ON WAYS AND MEANS, tions Act, 2006. Burgess Jindal Ros-Lehtinen HOUSE OF REPRESENTATIVES, ‘‘(4) The Department of the Interior, Envi- Burton (IN) Johnson (IL) Roskam Washington, DC, January 17, 2007. Calvert Johnson, Sam ronment, and Related Agencies Appropria- Royce Camp (MI) Jones (NC) Hon. NANCY PELOSI, tions Act, 2006. Ryan (WI) Campbell (CA) Jordan Speaker, House of Representatives, ‘‘(5) The Departments of Labor, Health and Sali Cannon Keller Washington, DC. Saxton Human Services, and Education, and Related Cantor King (IA) DEAR MADAM SPEAKER, I am forwarding to Schmidt Agencies Appropriations Act, 2006. Capito Kingston Sensenbrenner you the Committee’s recommendations for ‘‘(6) The Legislative Branch Appropriations Carter Kirk Sessions certain positions for the 110th Congress. Act, 2006. Castle Kline (MN) First, pursuant to Section 8002 of the Inter- Chabot Knollenberg Shadegg ‘‘(7) The Military Quality of Life and Vet- Coble Kuhl (NY) Shays nal Revenue Code of 1986, the Committee des- erans Affairs Appropriations Act, 2006. Cole (OK) LaHood Shimkus ignated the following Members to serve on ‘‘(8) The Science, State, Justice, Com- Conaway Lamborn Shuster the Joint Committee on Taxation: Mr. Ran- merce, and Related Agencies Appropriations Crenshaw Latham Smith (NE) gel, Mr. Stark, Mr. Levin, Mr. McCrery, Mr. Smith (NJ) Act, 2006. Cubin LaTourette Herger. ‘‘(9) The Transportation, Treasury, Hous- Culberson Lewis (CA) Smith (TX) Souder Second, pursuant to Section 161 of the ing and Urban Development, the Judiciary, Davis (KY) Lewis (KY) Trade Act of 1974, the Committee rec- Davis, David Linder Stearns the District of Columbia, and Independent Davis, Tom LoBiondo Sullivan ommended the following Members to serve Agencies Appropriations Act, 2006. Deal (GA) Lucas Tancredo as official advisors for international con- ‘‘(b) For purposes of this division, the term DeFazio Lungren, Daniel Terry ference meetings and negotiating sessions on ‘level’ means an amount. Thornberry Dent E. trade agreements: Mr. Rangel, Mr. Levin, ‘‘(c) The level referred to in subsection (a) Diaz-Balart, L. Mack Tiahrt Mr. Tanner, Mr. McCrery, Mr. Herger. shall be the amounts appropriated in the ap- Diaz-Balart, M. Manzullo Tiberi Third, pursuant to House Rule X, Clause 5 Turner propriations Acts referred to in such sub- Doolittle Marchant (2)(A)(i), the Committee designated the fol- Drake McCarthy (CA) Upton section, including transfers and obligation lowing Members to serve on the Committee Dreier McCaul (TX) Walberg limitations, except that— Duncan McCotter Walden (OR) on the Budget: Mr. Becerra, Mr. Doggett, Mr. ‘‘(1) such level shall not include any Ehlers McCrery Walsh (NY) Blumenauer, Mr. Tiberi, Mr. Porter. amount designated as an emergency require- Wamp Emerson McHenry Best regards, ment, or to be for overseas contingency oper- English (PA) McKeon Weldon (FL) CHARLES B. RANGEL, ations, pursuant to section 402 of H. Con. Everett McMorris Weller Chairman. Fallin Rodgers Westmoreland Res. 95 (109th Congress), the concurrent reso- Feeney Mica Whitfield f lution on the budget for fiscal year 2006; and Ferguson Miller (FL) Wicker FURTHER CONTINUING APPRO- ‘‘(2) such level shall be calculated without Flake Miller (MI) Wilson (NM) regard to any rescission or cancellation of Forbes Miller, Gary Wilson (SC) PRIATIONS, FISCAL YEAR 2007 funds or contract authority, other than— Fortenberry Moran (KS) Wolf ‘‘(A) the 1 percent government-wide rescis- Foxx Murphy, Tim Young (AK) Mr. OBEY. Mr. Speaker, pursuant to Franks (AZ) Musgrave Young (FL) House Resolution 116, I call up the sion made by section 3801 of division B of joint resolution (H.J. Res. 20) making Public Law 109–148; NOT VOTING—19 further continuing appropriations for ‘‘(B) the 0.476 percent across-the-board re- scission made by section 439 of Public Law Alexander Hastert Melancon the fiscal year 2007, and for other pur- Buyer Higgins Norwood 109–54, relating to the Department of the In- Davis (AL) King (NY) Paul poses, and ask for its immediate con- terior, environment, and related agencies; Davis, Jo Ann Maloney (NY) Pickering sideration. and Farr McDermott Reynolds The Clerk read the title of the joint ‘‘(C) the 0.28 percent across-the-board re- Fossella McHugh Gilchrest Meek (FL) resolution. scission made by section 638 of Public Law The text of the joint resolution is as 109–108, relating to Science, State, Justice, b 1225 follows: Commerce, and related agencies. ‘‘SEC. 102. Appropriations made by section Mr. BAKER changed his vote from H.J. RES. 20 ‘‘aye’’ to ‘‘no.’’ 101 shall be available to the extent and in the Resolved by the Senate and House of Rep- manner that would be provided by the perti- So the resolution was agreed to. resentatives of the United States of America in nent appropriations Act. The result of the vote was announced Congress assembled, That this joint resolution ‘‘SEC. 103. Appropriations provided by this as above recorded. may be cited as the ‘‘Revised Continuing Ap- division that, in the applicable appropria- A motion to reconsider was laid on propriations Resolution, 2007’’. tions Act for fiscal year 2006, carried a mul- the table. SEC. 2. The Continuing Appropriations Res- tiple-year or no-year period of availability olution, 2007 (Public Law 109–289, division B), f shall retain a comparable period of avail- as amended by Public Laws 109–369 and 109– ability. 383, is amended to read as follows: APPOINTMENT OF MEMBERS AS ‘‘SEC. 104. Except as otherwise expressly CONGRESSIONAL ADVISERS ON ‘‘DIVISION B—CONTINUING provided in this division, the requirements, TRADE POLICY AND NEGOTIA- APPROPRIATIONS RESOLUTION, 2007 authorities, conditions, limitations, and TIONS ‘‘The following sums are hereby appro- other provisions of the appropriations Acts priated, out of any money in the Treasury referred to in section 101(a) shall continue in The SPEAKER pro tempore. Pursu- not otherwise appropriated, and out of appli- effect through the date specified in section ant to section 161(a) of the Trade Act of cable corporate or other revenues, receipts, 106. 1974 (19 U.S.C. 2211), and the order of and funds, for the several departments, agen- ‘‘SEC. 105. No appropriation or funds made the House of January 4, 2007, the Chair cies, corporations, and other organizational available or authority granted pursuant to

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.011 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1072 CONGRESSIONAL RECORD — HOUSE January 31, 2007 section 101 shall be used to initiate or re- sums as may be necessary are hereby appro- ‘‘(19) General Services Administration. sume any project or activity for which ap- priated to fund, for covered employees under ‘‘(20) Office of Personnel Management. propriations, funds, or other authority were a statutory pay system (as defined by sec- ‘‘(21) National Archives and Records Ad- specifically prohibited during fiscal year tion 5302 of title 5, United States Code), 50 ministration. 2006. percent of any increase in rates of pay which ‘‘(22) Environmental Protection Agency. ‘‘SEC. 106. Unless otherwise provided for in became effective under sections 5303 through ‘‘(23) Indian Health Service. this division or in the applicable appropria- 5304a of such title 5 in January 2007. ‘‘(24) Smithsonian Institution. tions Act, appropriations and funds made ‘‘(2)(A) In addition to any amounts other- ‘‘(25) Social Security Administration. available and authority granted pursuant to wise provided by this division, such sums as ‘‘(26) Corporation for National and Commu- this division shall be available through Sep- may be necessary are hereby appropriated to nity Service. tember 30, 2007. provide the amount which would be nec- ‘‘(27) Corporation for Public Broadcasting. ‘‘SEC. 107. Expenditures made pursuant to essary to fund, for covered employees not de- ‘‘(28) Food and Drug Administration. this division prior to the enactment of the scribed in paragraph (1), 50 percent of the ‘‘SEC. 114. Within 15 days after the enact- Revised Continuing Appropriations Resolu- cost of an increase in rates of pay, calculated ment of this section, the Director of the Of- tion, 2007, shall be charged to the applicable as if such employees were covered by para- fice of Management and Budget shall submit appropriation, fund, or authorization pro- graph (1) and as if such increase had been to the Committees on Appropriations of the vided by this division (or the applicable reg- made on the first day of the first pay period House of Representatives and the Senate— ular appropriations Act for fiscal year 2007) beginning in January 2007 based on the rates ‘‘(1) a report specifying, by account, the as in effect following such enactment. that were in effect for such employees as of amounts provided by this division for execu- ‘‘SEC. 108. Funds appropriated by this divi- the day before such first day. tive branch departments and agencies; and sion may be obligated and expended notwith- ‘‘(B) Subparagraph (A) is intended only to ‘‘(2) a report specifying, by account, the standing section 10 of Public Law 91–672 (22 provide funding for pay increases for covered amounts provided by section 111 for execu- U.S.C. 2412), section 15 of the State Depart- employees not described in paragraph (1). tive branch departments and agencies. ment Basic Authorities Act of 1956 (22 U.S.C. Nothing in subparagraph (A) shall be consid- ‘‘SEC. 115. Notwithstanding any other pro- 2680), section 313 of the Foreign Relations ered to modify, supersede, or render inappli- vision of this division and notwithstanding Authorization Act, Fiscal Years 1994 and 1995 cable the provisions of law in accordance section 601(a)(2) of the Legislative Reorga- (22 U.S.C. 6212), and section 504(a)(1) of the with which the size or timing of any pay in- nization Act of 1946 (2 U.S.C. 31), the percent- National Security Act of 1947 (50 U.S.C. crease actually provided with respect to such age adjustment scheduled to take effect 414(a)(1)). employees is determined. under such section for 2007 shall not take ef- ‘‘SEC. 109. With respect to any discre- ‘‘(b) Appropriations under this section fect. tionary account for which advance appro- shall include funding for pay periods begin- ‘‘TITLE II—ELIMINATION OF EARMARKS, priations were provided for fiscal year 2007 or ning on or after January 1, 2007, and the pay ADJUSTMENTS IN FUNDING, AND 2008 in an appropriations Act for fiscal year costs covered by this appropriation shall in- OTHER PROVISIONS 2006, the levels established by section 101 clude 50 percent of the increases in agency shall include advance appropriations in the contributions for employee benefits result- ‘‘CHAPTER 1—AGRICULTURE, RURAL DE- same amount for fiscal year 2008 or 2009, re- ing from the pay increases described in sub- VELOPMENT, FOOD AND DRUG ADMINIS- spectively, with a comparable period of section (a). TRATION, AND RELATED AGENCIES availability. ‘‘(c) For purposes of this section, the term ‘‘SEC. 20101. Notwithstanding section 101, ‘‘SEC. 110. (a) For entitlements and other ‘covered employees’ means employees whose the level for each of the following accounts mandatory payments whose budget author- pay is funded in whole or in part (including for Agricultural Programs of the Depart- ity was provided in appropriations Acts for on a reimbursable basis) by any account for ment of Agriculture shall be as follows: fiscal year 2006, and for activities under the which funds are provided by this division ‘Common Computing Environment’, Food Stamp Act of 1977, the levels estab- (other than by chapters 2 and 11 of title II of $107,971,000; ‘Economic Research Service’, lished by section 101 shall be the amounts this division) after October 4, 2006. $74,825,000; ‘National Agricultural Statistics necessary to maintain program levels under ‘‘SEC. 112. Any language specifying an ear- Service’, $146,543,000, of which up to current law. mark in a committee report or statement of $36,074,000 shall be available until expended ‘‘(b) In addition to the amounts otherwise managers accompanying an appropriations for the Census of Agriculture; ‘Agricultural provided by section 101, the following Act for fiscal year 2006 shall have no legal ef- Research Service, Buildings and Facilities’, amounts shall be available for the following fect with respect to funds appropriated by $0; ‘Cooperative State Research, Education, accounts for advance payments for the first this division. and Extension Service, Research and Edu- quarter of fiscal year 2008: ‘‘SEC. 113. Within 30 days of the enactment cation Activities’, $671,224,000; ‘Cooperative ‘‘(1) ‘Department of Labor, Employment of this section, each of the following depart- State Research, Education, and Extension Standards Administration, Special Benefits ments and agencies shall submit to the Com- Service, Extension Activities’, $450,252,000; for Disabled Coal Miners’, for benefit pay- mittees on Appropriations of the House of ‘Animal and Plant Health Inspection Serv- ments under title IV of the Federal Mine Representatives and the Senate a spending, ice, Salaries and Expenses’, $841,970,000; ‘Ag- Safety and Health Act of 1977, $68,000,000, to expenditure, or operating plan for fiscal year ricultural Marketing Service, Payments to remain available until expended. 2007 at a level of detail below the account States and Possessions’, $1,334,000; ‘Grain In- ‘‘(2) ‘Department of Health and Human level: spection, Packers and Stockyards Adminis- Services, Centers for Medicare and Medicaid ‘‘(1) Department of Agriculture. tration, Salaries and Expenses’, $37,564,000; Services, Grants to States for Medicaid’, for ‘‘(2) Department of Commerce, including ‘Food Safety and Inspection Service’, payments to States or in the case of section the United States Patent and Trademark Of- $886,982,000; and ‘Farm Service Agency, Sala- 1928 on behalf of States under title XIX of fice. ries and Expenses’, $1,028,700,000. the Social Security Act, $65,257,617,000, to re- ‘‘(3) Department of Defense, with respect ‘‘SEC. 20102. The amounts included under main available until expended. to military construction, family housing, the the heading ‘Cooperative State Research, ‘‘(3) ‘Department of Health and Human Department of Defense Base Closure ac- Education, and Extension Service, Research Services, Administration for Children and counts, and ‘Defense Health Program’. and Education Activities’ in the Agriculture, Families, Payments to States for Child Sup- ‘‘(4) Department of Education. Rural Development, Food and Drug Adminis- port Enforcement and Family Support Pro- ‘‘(5) Department of Energy. tration, and Related Agencies Appropria- grams’, for payments to States or other non- ‘‘(6) Department of Health and Human tions Act, 2006 (Public Law 109–97) shall be Federal entities under titles I, IV–D, X, XI, Services. applied to funds appropriated by this divi- XIV, and XVI of the Social Security Act and ‘‘(7) Department of Housing and Urban De- sion as follows: by substituting ‘$322,597,000’ the Act of July 5, 1960 (24 U.S.C. ch. 9), velopment. for ‘$178,757,000’; by substituting ‘$30,008,000’ $1,000,000,000, to remain available until ex- ‘‘(8) Department of the Interior. for ‘$22,230,000’; by substituting ‘for pay- pended. ‘‘(9) Department of Justice. ments to eligible institutions (7 U.S.C. 3222), ‘‘(4) ‘Department of Health and Human ‘‘(10) Department of Labor. $40,680,000’ for ‘for payments to the 1890 land- Services, Administration for Children and ‘‘(11) Department of State and United grant colleges, including Tuskegee Univer- Families, Payments to States for Foster States Agency for International Develop- sity and West Virginia State University (7 Care and Adoption Assistance’, for payments ment. U.S.C. 3222), $37,591,000’; by substituting ‘$0’ to States or other non-Federal entities under ‘‘(12) Department of Transportation. for ‘$128,223,000’; by substituting ‘competitive title IV–E of the Social Security Act, ‘‘(13) Department of the Treasury. grants for agricultural research on improved $1,810,000,000. ‘‘(14) Department of Veterans Affairs, in- pest control’ for ‘special grants for agricul- ‘‘(5) ‘Social Security Administration, Sup- cluding ‘Construction, Major Projects’. tural research on improved pest control’; by plemental Security Income Program’, for ‘‘(15) National Aeronautics and Space Ad- substituting ‘$190,229,000’ for ‘$183,000,000’; by benefit payments under title XVI of the So- ministration. substituting ‘$1,544,000’ for ‘$1,039,000’; by cial Security Act, $16,810,000,000, to remain ‘‘(16) National Science Foundation. substituting ‘competitive grants for the pur- available until expended. ‘‘(17) The Judiciary. pose of carrying out all provisions of 7 U.S.C. ‘‘SEC. 111. (a)(1) In addition to any amounts ‘‘(18) Office of National Drug Control Pol- 3242’ for ‘noncompetitive grants for the pur- otherwise provided by this division, such icy. pose of carrying out all provisions of 7 U.S.C.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.013 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1073 3242’; by substituting ‘to institutions eligible Service, Salaries and Expenses’, $155,422,000; Conservation Service, Resource Conserva- to receive funds under 7 U.S.C. 3221 and 3222, ‘Foreign Agricultural Service, Public Law tion and Development’; the set-aside of $12,375,000’ for ‘to colleges eligible to receive 480 Title I Ocean Freight Differential $5,600,000 in the seventh proviso under the funds under the Act of August 30, 1890 (7 Grants’, $0; and ‘Foreign Agricultural Serv- heading ‘Rural Development Programs, U.S.C. 321-326 and 328), including Tuskegee ice, Public Law 480 Title II Grants’, Rural Community Advancement Program’; and West Virginia State University, $1,214,711,000. the first proviso under the heading ‘Rural $12,312,000’; by substituting ‘$3,342,000’ for ‘‘SEC. 20109. Notwithstanding section 101, Development Salaries and Expenses’; the ‘$2,250,000’; by substituting ‘$10,083,000’ for the level for ‘Food and Drug Administration, second proviso in the second paragraph ‘$50,471,000’; by substituting ‘$2,561,000’ for Salaries and Expenses’ shall be $1,965,207,000, under the heading ‘Rural Housing Service, ‘$2,587,000’; and by substituting ‘$2,030,000’ for of which $352,200,000 shall be derived from Rural Housing Insurance Fund Program Ac- ‘$2,051,000’. prescription drug user fees authorized by 21 count’; the last paragraph under the heading ‘‘SEC. 20103. The amounts included under U.S.C. 379h, shall be credited to this account ‘Rural Business-Cooperative Service, Rural the heading ‘Cooperative State Research, and remain available until expended, and Economic Development Loans Program Ac- Education, and Extension Service, Extension shall not include any fees pursuant to 21 count’; the set-aside of $2,500,000 under the Activities’ in the Agriculture, Rural Devel- U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal heading ‘Rural Business-Cooperative Serv- opment, Food and Drug Administration, and year 2008 but collected in fiscal year 2007, ice, Rural Cooperative Development Grants’; Related Agencies Appropriations Act, 2006 $43,726,000 shall be derived from medical de- the proviso under the heading ‘Rural Busi- shall be applied to funds appropriated by this vice user fees authorized by 21 U.S.C. 379j ness-Cooperative Service, Rural Empower- division as follows: by substituting and shall be credited to this account and re- ment Zones and Enterprise Communities ‘$285,565,000’ for ‘$275,730,000’; by substituting main available until expended, and $11,604,000 Grants’; the last paragraph under the head- ‘$3,321,000’ for ‘$3,273,000’; by substituting shall be derived from animal drug user fees ing ‘Rural Utilities Service, Rural Telephone ‘$63,538,000’ for ‘$62,634,000’; by substituting authorized by 21 U.S.C. 379j and shall be Bank Program Account’; the second proviso ‘at institutions eligible to receive funds credited to this account and remain avail- under the heading ‘Food and Nutrition Serv- under 7 U.S.C. 3221 and 3222, $16,777,000’ for able until expended: Provided, That fees de- ice, Food Stamp Program’; the first para- ‘at the 1890 land-grant colleges, including rived from prescription drug, medical device, graph, including the proviso in such para- Tuskegee University and West Virginia and animal drug assessments received during graph, under the heading ‘Foreign Agricul- State University, as authorized by section fiscal year 2007, including any such fees as- tural Service, Public Law 480 Title I Direct 1447 of Public Law 95–113 (7 U.S.C. 3222b), sessed prior to the current fiscal year but Credit and Food for Progress Program Ac- $16,777,000’; by substituting ‘$3,000,000’ for credited during the current year, shall be count’; and the first four provisos under the ‘$1,196,000’; by substituting ‘payments for co- subject to the fiscal year 2007 limitation: heading ‘Food and Drug Administration, Sal- operative extension work by eligible institu- Provided further, That none of these funds aries and Expenses’. tions (7 U.S.C. 3221), $35,205,000’ for ‘pay- shall be used to develop, establish, or operate ‘‘SEC. 20112. The following provisions of the ments for cooperative extension work by the any program of user fees authorized by 31 Agriculture, Rural Development, Food and colleges receiving the benefits of the second U.S.C. 9701: Provided further, That of the Drug Administration, and Related Agencies Morrill Act (7 U.S.C. 321–326 and 328) and total amount appropriated: (1) $453,180,000 Appropriations Act, 2006 shall be applied to Tuskegee University and West Virginia shall be for the Center for Food Safety and funds appropriated by this division by sub- State University, $33,868,000’; and by sub- Applied Nutrition and related field activities stituting ‘2007’ and ‘2008’ for ‘2006’ and ‘2007’, stituting ‘$6,922,000’ for ‘$25,390,000’. in the Office of Regulatory Affairs; (2) respectively, each place they appear: the sec- ‘‘SEC. 20104. Notwithstanding section 101, $567,594,000 shall be for the Center for Drug ond paragraph under the heading ‘Animal the level for each of the following accounts Evaluation and Research and related field and Plant Health Inspection Service, Sala- for Conservation Programs of the Depart- activities in the Office of Regulatory Affairs, ries and Expenses’; the availability of funds ment of Agriculture shall be as follows: ‘Nat- of which not less than $34,900,000 shall be for clause under the heading ‘Natural Resources ural Resources Conservation Service, Con- the Office of Generic Drugs; (3) $209,180,000 Conservation Service, Conservation Oper- servation Operations’, $759,124,000; and ‘Nat- shall be for the Center for Biologics Evalua- ations’; the eighth proviso under the heading ural Resources Conservation Service, Water- tion and Research and for related field ac- ‘Rural Development Programs, Rural Com- shed and Flood Prevention Operations’, $0. tivities in the Office of Regulatory Affairs; munity Advancement Program’; the first ‘‘SEC. 20105. Notwithstanding section 101, (4) $103,544,000 shall be for the Center for Vet- proviso in the second paragraph under the the level for each of the following accounts erinary Medicine and for related field activi- heading ‘Rural Housing Service, Rural Hous- for Rural Development Programs of the De- ties in the Office of Regulatory Affairs; (5) ing Insurance Fund Program Account’; the partment of Agriculture shall be as follows: $253,710,000 shall be for the Center for De- proviso under the heading ‘Rural Housing ‘Rural Development Salaries and Expenses’, vices and Radiological Health and for related Service, Mutual and Self-Help Housing $160,349,000; ‘Rural Business-Cooperative field activities in the Office of Regulatory Grants’; the fourth proviso under the head- Service, Rural Cooperative Development Affairs; (6) $41,751,000 shall be for the Na- ing ‘Rural Housing Service, Rural Housing Grants’, $26,718,000; and ‘Rural Utilities Serv- tional Center for Toxicological Research; (7) Assistance Grants’; the three availability of ice, Rural Telephone Bank Program Ac- $68,609,000 shall be for Rent and Related ac- funds clauses under the heading ‘Rural Busi- count’, $0. tivities, of which $25,552,000 is for relocation ness-Cooperative Service, Rural Develop- ‘‘SEC. 20106. Notwithstanding section 101, expenses, other than the amounts paid to the ment Loan Fund Program Account’; the sec- the level for ‘Rural Housing Service, Rental General Services Administration for rent; (8) ond proviso under the heading ‘Food and Nu- Assistance Program’ shall be $616,020,000, to $146,013,000 shall be for payments to the Gen- trition Service, Special Supplemental Nutri- remain available through September 30, 2008, eral Services Administration for rent; and (9) tion Program for Women, Infants, and Chil- and the second and third provisos under such $121,626,000 shall be for other activities, in- dren (WIC)’; section 719; section 734; and sec- heading shall not apply to funds appro- cluding the Office of the Commissioner, the tion 738. priated by this division. Using funds avail- Office of Management, the Office of External ‘‘SEC. 20113. Section 704 of the Agriculture, able in such account, the Secretary of Agri- Relations, the Office of Policy and Planning, Rural Development, Food and Drug Adminis- culture may enter into or renew contracts and central services for these offices. tration, and Related Agencies Appropria- under section 521(a)(2) of the Housing Act of ‘‘SEC. 20110. Notwithstanding section 101, tions Act, 2006 shall be applied to the funds 1949 (42 U.S.C. 1490a(a)(2)) for two years. Any the level for ‘Food and Drug Administration, appropriated by this division by substituting unexpended balances remaining at the end of Buildings and Facilities’ shall be $4,950,000. ‘avian influenza programs’ for ‘low pathogen such two-year agreements may be trans- ‘‘SEC. 20111. Notwithstanding any other avian influenza program’. ferred and used for the purposes of any debt provision of this division, the following pro- ‘‘SEC. 20114. The following sections of title reduction; maintenance, repair, or rehabili- visions included in the Agriculture, Rural VII of the Agriculture, Rural Development, tation of any existing projects; preservation; Development, Food and Drug Administra- Food and Drug Administration, and Related and rental assistance activities authorized tion, and Related Agencies Appropriations Agencies Appropriations Act, 2006 shall be under title V of such Act (42 U.S.C. 1471 et Act, 2006 shall not apply to funds appro- applied to funds appropriated by this divi- seq.). priated by this division: the last proviso sion by substituting $0 for the following dol- ‘‘SEC. 20107. Notwithstanding section 101, under the heading ‘Common Computing En- lar amounts: section 721, $2,500,000; section the level for ‘Food and Nutrition Service, vironment’; the provisos under the heading 723, $1,250,000; section 755, $1,000,000; section Child Nutrition Programs’ shall be ‘Economic Research Service’; the third, 764, $650,000; section 766, $200,000; section 767, $13,345,487,000, of which $7,614,414,000 is appro- fourth, sixth, and eighth through twelfth $2,250,000; section 779, $6,000,000; section 790, priated funds and $5,731,073,000 shall be de- provisos under the heading ‘Agricultural Re- $140,000, $400,000, $200,000, $500,000, and rived by transfer from funds available under search Service, Salaries and Expenses’; the $350,000; and section 791, $1,000,000. section 32 of the Act of August 24, 1935 (7 set-aside of funds under the heading ‘Agri- ‘‘SEC. 20115. The following sections of title U.S.C. 612c). cultural Marketing Service, Payments to VII of the Agriculture, Rural Development, ‘‘SEC. 20108. Notwithstanding section 101, States and Possessions’; the set-aside of Food and Drug Administration, and Related the level for each of the following accounts $753,252,000 under the heading ‘Food Safety Agencies Appropriations Act, 2006 shall not for Foreign Assistance and Related Pro- and Inspection Service’ and the first three apply for fiscal year 2007: section 726; para- grams of the Department of Agriculture provisos under such heading; the first pro- graphs (1) and (2) of section 754; section 768; shall be as follows: ‘Foreign Agricultural viso under the heading ‘Natural Resources section 785; and section 789.

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‘‘SEC. 20116. The following sections of title fense under the ‘Environmental Restoration’ ‘‘(19) For an additional amount for ‘Oper- VII of the Agriculture, Rural Development, accounts. ation and Maintenance, Air Force Reserve’, Food and Drug Administration, and Related ‘‘SEC. 20202. In addition to amounts other- $53,850,000, to be available for facilities Agencies Appropriations Act, 2006 authorized wise provided in this division or any other sustainment, restoration and modernization. or required certain actions by the Secretary Act, amounts are appropriated for certain ‘‘(20) For an additional amount for ‘Oper- of Agriculture that have been performed be- military activities of the Department of De- ation and Maintenance, Army National fore the date of the enactment of this divi- fense for the fiscal year ending September 30, Guard’, $387,579,000, to be available for facili- sion and need not reoccur: section 761; sec- 2007, as follows: ties sustainment, restoration and moderniza- tion 770; section 782; and section 783. ‘‘(1) For an additional amount for ‘Military tion. ‘‘SEC. 20117. Of the unobligated balances Personnel, Army’, $3,902,556,000, to be avail- ‘‘(21) For an additional amount for ‘Oper- under section 32 of the Act of August 24, 1935 able for the basic allowance for housing for ation and Maintenance, Air National Guard’, (7 U.S.C. 612c), $37,601,000 is rescinded. members of the Army on active duty. $177,993,000, to be available for facilities ‘‘SEC. 20118. Of the unobligated balances of ‘‘(2) For an additional amount for ‘Military sustainment, restoration and modernization. funds provided pursuant to section Personnel, Navy’, $3,726,778,000, to be avail- ‘‘SEC. 20203. Notwithstanding any other 16(h)(1)(A) of the Food Stamp Act of 1977 (7 able for the basic allowance for housing for provision of law or of this division, amounts U.S.C. 2025(h)(1)(A)), $11,200,000 is rescinded. members of the Navy on active duty. are appropriated for the Defense Health Pro- ‘‘SEC. 20119. Of the funds derived from in- ‘‘(3) For an additional amount for ‘Military gram of the Department of Defense, as fol- terest on the cushion of credit payments, as Personnel, Marine Corps’, $1,241,965,000, to be lows: authorized by section 313 of the Rural Elec- available for the basic allowance for housing ‘‘(1) For expenses, not otherwise provided trification Act of 1936 (7 U.S.C. 940c), for members of the Marine Corps on active for, for medical and health care programs of $74,000,000 shall not be obligated and duty. the Department of Defense, as authorized by $74,000,000 is rescinded. ‘‘(4) For an additional amount for ‘Military law, $21,217,000,000, of which $20,494,000,000 ‘‘SEC. 20120. In addition to amounts other- Personnel, Air Force’, $3,278,835,000, to be shall be for Operation and Maintenance, of wise appropriated or made available by this available for the basic allowance for housing which not to exceed 2 percent shall remain division, $31,000,000 is appropriated to the for members of the Air Force on active duty. available until September 30, 2008, and of Secretary of Agriculture for the costs of loan ‘‘(5) For an additional amount for ‘Reserve which up to $10,887,784,000 may be available and loan guarantees under the Rural Devel- Personnel, Army’, $321,642,000, to be avail- for contracts entered into under the opment Mission Area to ensure that the fis- able for the basic allowance for housing for TRICARE program; of which $375,000,000, to cal year 2006 program levels for such loan members of the Army Reserve on active remain available for obligation until Sep- and loan guarantee programs are maintained duty. tember 30, 2009, shall be for Procurement; for fiscal year 2007. The Secretary may ‘‘(6) For an additional amount for ‘Reserve and of which $348,000,000, to remain available transfer funds, to the extent practicable, Personnel, Navy’, $204,115,000, to be available for obligation until September 30, 2008, shall among loan and loan guarantee programs for the basic allowance for housing for mem- be for Research, Development, Test and within the Rural Development Mission Area bers of the Navy Reserve on active duty. Evaluation. to ensure that the fiscal year 2006 program ‘‘(7) For an additional amount for ‘Reserve ‘‘(2) Of the amount made available in this levels for such programs and activities are Personnel, Marine Corps’, $43,082,000, to be section for Research, Development, Test and maintained during fiscal year 2007. available for the basic allowance for housing Evaluation, $217,500,000 shall be made avail- ‘‘SEC. 20121. For the programs and activi- for members of the Marine Corps Reserve on able only for peer reviewed cancer research ties administered by the Secretary of Agri- active duty. activities, of which $127,500,000 shall be for culture under the Farm Service Agency, Ag- ‘‘(8) For an additional amount for ‘Reserve breast cancer research activities; of which ricultural Credit Insurance Fund, the Sec- Personnel, Air Force’, $76,218,000, to be avail- $10,000,000 shall be for ovarian cancer re- retary may transfer funds made available by able for the basic allowance for housing for search activities; and of which $80,000,000 this division among programs and activities members of the Air Force Reserve on active shall be for prostate cancer research activi- within such Fund: Provided, That the fiscal duty. ties. year 2006 program levels for such programs ‘‘(9) For an additional amount for ‘Na- ‘‘(3) Amounts made available in this sec- and activities are at least maintained. tional Guard Personnel, Army’, $457,226,000, tion are subject to the terms and conditions ‘‘SEC. 20122. With respect to any loan or to be available for the basic allowance for set forth in the Department of Defense Ap- loan guarantee program administered by the housing for members of the Army National propriations Act, 2007 (Public Law 109–289). Secretary of Agriculture that has a negative Guard on active duty. ‘‘CHAPTER 3—ENERGY AND WATER credit subsidy score for fiscal year 2007, the ‘‘(10) For an additional amount for ‘Na- DEVELOPMENT program level for the loan or loan guarantee tional Guard Personnel, Air Force’, ‘‘SEC. 20301. Notwithstanding section 101, program, for the purposes of the Federal $258,000,000, to be available for the basic al- the level for each of the following accounts Credit Reform Act of 1990, shall be the pro- lowance for housing for members of the Air shall be as follows: ‘Corps of Engineers, Con- gram level established pursuant to such Act National Guard on active duty. struction’, $2,334,440,000; and ‘Corps of Engi- for fiscal year 2006. ‘‘(11) For an additional amount for ‘Oper- neers, General Expenses’, $166,300,000. ‘‘SEC. 20123. The Secretary of Agriculture ation and Maintenance, Army’, $1,810,774,000, ‘‘SEC. 20302. The limitation concerning shall continue the Water and Waste Systems to be available for facilities sustainment, total project costs in section 902 of the Water Direct Loan Program and the loan guarantee restoration and modernization. Resources Development Act of 1986, as programs of the Agricultural Credit Insur- ‘‘(12) For an additional amount for ‘Oper- amended (33 U.S.C. 2280), shall not apply dur- ance Fund under the authority and condi- ation and Maintenance, Navy’, $1,202,313,000, ing fiscal year 2007 to any project that re- tions (including the borrower’s interest rate to be available for facilities sustainment, ceived funds provided in this division. and fees as of September 1, 2006) provided by restoration and modernization. ‘‘SEC. 20303. All of the provisos under the the Agriculture, Rural Development, Food ‘‘(13) For an additional amount for ‘Oper- heading ‘Corps of Engineers—Civil, Depart- and Drug Administration, and Related Agen- ation and Maintenance, Marine Corps’, ment of Army, Investigations’ in Public Law cies Appropriations Act, 2006. $473,141,000, to be available for facilities 109–103 shall not apply to funds appropriated ‘‘SEC. 20124. Of the appropriations available sustainment, restoration and modernization. by this division. for payments for the nutrition and family ‘‘(14) For an additional amount for ‘Oper- ‘‘SEC. 20304. All of the provisos under the education program for low-income areas ation and Maintenance, Air Force’, heading ‘Corps of Engineers—Civil, Depart- under section 3(d) of the Smith-Lever Act (7 $1,684,019,000, to be available for facilities ment of Army, Construction’ in Public Law U.S.C. 343(d)), if the payment allocation pur- sustainment, restoration and modernization. 109–103 shall not apply to funds appropriated suant to section 1425(c) of the National Agri- ‘‘(15) For an additional amount for ‘Oper- by this division. cultural Research, Extension, and Teaching ation and Maintenance, Defense-Wide’, ‘‘SEC. 20305. All of the provisos under the Policy Act of 1977 (7 U.S.C. 3175(c)) would be $86,386,000, to be available for facilities heading ‘Corps of Engineers—Civil, Depart- less than $100,000 for any institution eligible sustainment, restoration and modernization. ment of Army, Flood Control, Mississippi under section 3(d)(2) of the Smith-Lever Act, ‘‘(16) For an additional amount for ‘Oper- River and Tributaries, Arkansas, Illinois, the Secretary of Agriculture shall adjust ation and Maintenance, Army Reserve’, Kentucky, Louisiana, Mississippi, Missouri, payment allocations under section 1425(c) of $202,326,000, to be available for facilities and Tennessee’ in Public Law 109–103 shall the National Agricultural Research, Exten- sustainment, restoration and modernization. not apply to funds appropriated by this divi- sion, and Teaching Policy Act of 1977 to en- ‘‘(17) For an additional amount for ‘Oper- sion. sure that each institution receives a pay- ation and Maintenance, Navy Reserve’, ‘‘SEC. 20306. All of the provisos under the ment of not less than $100,000. $52,136,000, to be available for facilities heading ‘Corps of Engineers—Civil, Depart- ‘‘CHAPTER 2—DEPARTMENT OF DEFENSE sustainment, restoration and modernization. ment of Army, Operation and Maintenance’ ‘‘SEC. 20201. For purposes of title I, the ap- ‘‘(18) For an additional amount for ‘Oper- in Public Law 109–103 shall not apply to propriations Acts listed in section 101(a) ation and Maintenance, Marine Corps Re- funds appropriated by this division. shall be deemed to include the Department serve’, $10,004,000, to be available for facili- ‘‘SEC. 20307. The last proviso under the of Defense Appropriations Act, 2006 for pur- ties sustainment, restoration and moderniza- heading ‘Corps of Engineers—Civil, Depart- poses of activities of the Department of De- tion. ment of Army, General Expenses’ in Public

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.013 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1075 Law 109–103 shall not apply to funds appro- tional Nuclear Security Administration, De- gram under title XVII of the Energy Policy priated by this division. fense Nuclear Nonproliferation’ shall be Act of 2005. In addition to the independent ‘‘SEC. 20308. Section 135 of the Energy and $1,683,339,000, of which $472,730,000 shall be for audit, the Comptroller General shall conduct Water Development Appropriations Act, 2006 International Nuclear Material Protection an annual review of the Department’s execu- (Public Law 109–103) shall not apply to funds and Cooperation and of which $115,495,000 tion of the program under title XVII of the appropriated by this division. shall be for Global Threat Reduction Initia- Energy Policy Act of 2005. The results of the ‘‘SEC. 20309. The last proviso under the tive. independent audit and the Comptroller Gen- heading ‘Department of the Interior, Bureau ‘‘SEC. 20317. Notwithstanding section 101, eral’s review shall be provided directly to the of Reclamation, Water and Related Re- the level for necessary expenses of the Nu- Committees on Appropriations of the House sources’ in Public Law 109–103 shall not clear Regulatory Commission in carrying of Representatives and the Senate. apply to funds appropriated by this division. out the purposes of the Energy Reorganiza- ‘‘(d) The Secretary of Energy shall promul- ‘‘SEC. 20310. The last proviso under the tion Act of 1974 and the Atomic Energy Act gate final regulations for loan guarantees heading ‘Department of the Interior, Bureau of 1954, including official representation ex- under title XVII of the Energy Policy Act of of Reclamation, California Bay-Delta Res- penses (not to exceed $15,000), and including 2005 within 6 months of enactment of this di- toration’ in Public Law 109–103 shall not purchase of promotional items for use in the vision. apply to funds appropriated by this division. recruitment of individuals for employment, ‘‘(e) Not later than 120 days after the date ‘‘SEC. 20311. Section 208 of the Energy and shall be $813,300,000, to remain available of enactment of this division, and annually Water Development Appropriations Act, 2006 until expended: Provided, That of the amount thereafter, the Secretary of Energy shall (Public Law 109–103) shall not apply to funds appropriated herein, $45,700,000 shall be de- transmit to the Committees on Appropria- appropriated by this division. rived from the Nuclear Waste Fund: Provided ‘‘SEC. 20312. Section 8 of the Water Desali- tions of the House of Representatives and further, That revenues from licensing fees, nation Act of 1996 (42 U.S.C. 10301 note) is the Senate a report containing a summary of inspection services, and other services and amended— all activities under title XVII of the Energy collections estimated at $659,055,000 in fiscal ‘‘(1) in subsection (a) by striking ‘2006’ and Policy Act of 2005, beginning in fiscal year year 2007 shall be retained and used for nec- inserting ‘2011’; and 2007, with a listing of responses to loan guar- essary salaries and expenses in this account, ‘‘(2) in subsection (b) by striking ‘2006’ and antee solicitations under such title, describ- notwithstanding section 3302 of title 31, inserting ‘2011’. ing the technologies, amount of loan guar- United States Code, and shall remain avail- ‘‘SEC. 20313. Notwithstanding section 101, antee sought, and the applicants’ assessment the level for each of the following accounts able until expended: Provided further, That of risk. shall be as follows: ‘Department of Energy, the sum herein appropriated shall be reduced ‘‘SEC. 20321. For fiscal year 2007, except as Elk Hills School Lands Fund’, $0; ‘Depart- by the amount of revenues received during otherwise provided by law in effect as of the ment of Energy, Northeast Home Heating Oil fiscal year 2007 so as to result in a final fiscal date of enactment of this division or unless Reserve’, $5,000,000; ‘Department of Energy, year 2007 appropriation estimated at not a rate is specifically set by an Act of Con- Energy Information Administration’, more than $154,245,000. gress thereafter, the Administrators of the ‘‘SEC. 20318. The Secretary of Energy may $90,314,000; ‘Department of Energy, Science’, Southeastern Power Administration, the not make available any of the funds provided $3,796,393,000; ‘Department of Energy, Nu- Southwestern Power Administration, the clear Waste Disposal’, $99,000,000; ‘Depart- by this division or previous appropriations Western Power Administration, shall use the ment of Energy, National Nuclear Security Acts for construction activities for Project ‘yield’ rate in computing interest during Administration, Weapons Activities’, 99–D–143, mixed oxide fuel fabrication facil- Construction and interest on the unpaid bal- $6,275,103,000; and ‘Department of Energy, De- ity, Savannah River Site, South Carolina, ance of the cost of Federal power facilities. fense Environmental Cleanup’, $5,730,448,000. until August 1, 2007. The yield rate shall be defined as the average ‘‘SEC. 20319. Section 302 of Public Law 102– ‘‘SEC. 20314. Notwithstanding section 101, yield during the preceding fiscal year on in- the level for ‘Department of Energy, Energy 377 is repealed. terest-bearing marketable securities of the ‘‘SEC. 20320. (a) Notwithstanding section Supply and Conservation’ shall be United States which, at the time the com- 101, subject to the Federal Credit Reform Act $2,153,627,000, of which not less than putation is made, have terms of 15 years or of 1990, as amended, commitments to guar- $1,473,844,000 shall be for Energy Efficiency more remaining to maturity. antee loans under title XVII of the Energy and Renewable Energy Resources. ‘‘SEC. 20322. The second proviso under the Policy Act of 2005 shall not exceed a total ‘‘SEC. 20315. Notwithstanding section 101, heading ‘Department of Energy, Energy Pro- principal amount, any part of which is to be the level for salaries and expenses of the De- grams, Nuclear Waste Disposal’ in title III of guaranteed, of $4,000,000,000: Provided, That partment of Energy necessary for depart- the Energy and Water Development Appro- there are appropriated for the cost of the mental administration in carrying out the priations Act, 2006 (Public Law 109–103) shall guaranteed loans such sums as are hereafter purposes of the Department of Energy Orga- not apply to funds appropriated by this divi- derived from amounts received from bor- nization Act (42 U.S.C. 7101 et seq.), includ- sion. rowers pursuant to section 1702(b)(2) of that ing the hire of passenger motor vehicles and ‘‘SEC. 20323. The provisos under the heading official reception and representation ex- Act, to remain available until expended: Pro- ‘Atomic Energy Defense Activities, National penses not to exceed $35,000, shall be vided further, That the source of payments Nuclear Security Administration, Weapons $275,789,000, to remain available until ex- received from borrowers for the subsidy cost Activities’ in title III of the Energy and pended, of which $43,075,000 shall be available shall not be a loan or other debt obligation Water Development Appropriations Act, 2006 for cyber-security activities and of which that is made or guaranteed by the Federal (Public Law 109–103) shall not apply to funds $7,000,000 shall be available for necessary ad- government. In addition, fees collected pur- appropriated by this division. suant to section 1702(h) in fiscal year 2007 ministrative expenses of the loan guarantee ‘‘SEC. 20324. The second proviso under the program authorized in title XVII of the En- shall be credited as offsetting collections to heading ‘Power Marketing Administrations, ergy Policy Act of 2005, plus such additional the Departmental Administration account Construction, Rehabilitation, Operation and amounts as necessary to cover increases in for administrative expenses of the Loan Maintenance, Western Area Power Adminis- the estimated amount of cost of work for Guarantee Program: Provided further, That tration’ in title III of the Energy and Water others notwithstanding the provisions of the the sum appropriated for administrative ex- Development Appropriations Act, 2006 (Pub- Anti-Deficiency Act (31 U.S.C. 1511 et seq.): penses for the Loan Guarantee Program lic Law 109–103) shall not apply to funds ap- Provided, That such increases in cost of work shall be reduced by the amount of fees re- propriated by this division. ceived during fiscal year 2007: Provided fur- are offset by revenue increases of the same ‘‘SEC. 20325. Title III of the Energy and or greater amount, to remain available until ther, That any fees collected under section Water Development Appropriations Act, 2006 expended: Provided further, That moneys re- 1702(h) in excess of the amount appropriated (Public Law 109–103) is amended by striking ceived by the Department for miscellaneous for administrative expenses shall not be sections 310 and 312. revenues estimated to total $123,000,000 in available until appropriated. ‘‘SEC. 20326. Section 14704 of title 40, United ‘‘(b) No loan guarantees may be awarded fiscal year 2007 may be retained and used for States Code, is amended by striking ‘October under title XVII of the Energy Policy Act of operating expenses within this account, and 1, 2006’ and inserting ‘October 1, 2007’. may remain available until expended, as au- 2005 until final regulations are issued that thorized by section 201 of Public Law 95–238, include— ‘‘CHAPTER 4—FOREIGN OPERATIONS, EX- notwithstanding the provisions of section ‘‘(1) programmatic, technical, and finan- PORT FINANCING, AND RELATED PRO- 3302 of title 31, United States Code: Provided cial factors the Secretary will use to select GRAMS further, That the sum herein appropriated projects for loan guarantees; ‘‘SEC. 20401. Notwithstanding section 101, shall be reduced by the amount of miscella- ‘‘(2) policies and procedures for selecting the level for each of the following accounts neous revenues received during 2007, and any and monitoring lenders and loan perform- shall be as follows: ‘Export and Investment related appropriated receipt account bal- ance; and Assistance, Export-Import Bank of the ances remaining from prior years’ miscella- ‘‘(3) any other policies, procedures, or in- United States, Subsidy Appropriation’, neous revenues, so as to result in a final fis- formation necessary to implement title XVII $26,382,000; ‘Bilateral Economic Assistance, cal year 2007 appropriation from the general of the Energy Policy Act of 2005. Funds Appropriated to the President, Other fund estimated at not more than $152,789,000. ‘‘(c) The Secretary of Energy shall enter Bilateral Economic Assistance, Assistance ‘‘SEC. 20316. Notwithstanding section 101, into an arrangement with an independent for Eastern Europe and the Baltic States’, the level for ‘Department of Energy, Na- auditor for annual evaluations of the pro- $273,900,000; ‘Bilateral Economic Assistance,

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Funds Appropriated to the President, Other ‘‘SEC. 20404. Notwithstanding section 101, nancing, and Related Programs Appropria- Bilateral Economic Assistance, Assistance the level for each of the following accounts tions Act, 2006 (Public Law 109–102) shall not for the Independent States of the Former So- shall be $0: ‘Multilateral Economic Assist- apply to funds appropriated by this division: viet Union’, $452,000,000; ‘Bilateral Economic ance, Funds Appropriated to the President, the proviso in subsection (a) under the head- Assistance, Department of State, Andean Contribution to the Multilateral Investment ing ‘Bilateral Economic Assistance, Funds Counterdrug Initiative’, $721,500,000; ‘Bilat- Guarantee Agency’; ‘Multilateral Economic Appropriated to the President, Other Bilat- eral Economic Assistance, Department of Assistance, Funds Appropriated to the Presi- eral Economic Assistance, Assistance for State, Migration and Refugee Assistance’, dent, Contribution to the Inter-American In- Eastern Europe and the Baltic States’; the $832,900,000; ‘Bilateral Economic Assistance, vestment Corporation’; and ‘Multilateral eleventh proviso under the heading ‘Bilateral Department of State, United States Emer- Economic Assistance, Funds Appropriated to Economic Assistance, Funds Appropriated to gency Refugee and Migration Assistance the President, Contribution to the European the President, United States Agency for Fund’, $55,000,000; ‘Military Assistance, Bank for Reconstruction and Development’. International Development, Development Funds Appropriated to the President, For- ‘‘SEC. 20405. (a) Of the unobligated balances Assistance’; the third proviso under the eign Military Financing Program’, available from funds appropriated under the heading ‘Bilateral Economic Assistance, De- $4,550,800,000, of which not less than heading ‘Funds Appropriated to the Presi- partment of State, Migration and Refugee $2,340,000,000 shall be available for grants dent, International Financial Institutions, Assistance’; subsection (d) under the heading only for Israel and $1,300,000,000 shall be Contribution to the International Develop- ‘Bilateral Economic Assistance, Funds Ap- available for grants only for Egypt; and ment Association’ in the Foreign Operations, propriated to the President, Other Bilateral ‘Military Assistance, Funds Appropriated to Export Financing, and Related Programs Ap- Economic Assistance, Assistance for the the President, Peacekeeping Operations’, propriations Act, 2006 (Public Law 109–102), Independent States of the Former Soviet $223,250,000, of which not less than $50,000,000 $31,350,000 is rescinded. Union’; the fourth proviso of section 522; sub- should be provided for peacekeeping oper- ‘‘(b) Of the unobligated balances available sections (a) and (c) of section 554; and the ations in Sudan: Provided, That the number from funds appropriated under the heading first proviso of section 593. in the third proviso under the heading ‘Mili- ‘Bilateral Economic Assistance, Funds Ap- ‘‘SEC. 20410. The Inter-American Develop- tary Assistance, Funds Appropriated to the propriated to the President, Other Bilateral ment Bank Act (22 U.S.C. 283—283z–10) is President, Foreign Military Financing Pro- Economic Assistance, Economic Support amended by adding at the end the following: gram’ in the Foreign Operations, Export Fi- Fund’, $200,000,000 is rescinded: Provided, ‘‘ ‘SEC. 39. FIRST REPLENISHMENT OF THE RE- nancing, and Related Programs Appropria- That such amounts shall be derived only SOURCES OF THE ENTERPRISE FOR tions Act, 2006 (Public Law 109–102) shall be from funds not yet expended for cash trans- THE AMERICAS MULTILATERAL IN- deemed to be $610,000,000 for the purpose of fer assistance. VESTMENT FUND. applying funds appropriated under such ‘‘SEC. 20406. Notwithstanding any other ‘‘ ‘(a) CONTRIBUTION AUTHORITY.— heading by this division. provision of this division, the eighth proviso ‘‘ ‘(1) IN GENERAL.—The Secretary of the ‘‘SEC. 20402. Notwithstanding section 101, under the heading ‘Bilateral Economic As- Treasury may contribute on behalf of the the level for ‘Bilateral Economic Assistance, sistance, Funds Appropriated to the Presi- United States $150,000,000 to the first replen- Funds Appropriated to the President, Other dent, United States Agency for International ishment of the resources of the Enterprise Bilateral Economic Assistance, Economic Development, Development Assistance’ in for the Americas Multilateral Investment Support Fund’ shall be $2,455,010,000: Pro- the Foreign Operations, Export Financing, Fund. vided, That the number in the first proviso and Related Programs Appropriations Act, ‘‘ ‘(2) SUBJECT TO APPROPRIATIONS.—The au- under the heading ‘Other Bilateral Economic 2006 (Public Law 109–102) shall not apply to thority provided by paragraph (1) may be ex- Assistance, Economic Support Fund’ in the funds appropriated by this division. ercised only to the extent and in the Foreign Operations, Export Financing, and ‘‘SEC. 20407. Section 599D of the Foreign amounts provided for in advance in appro- Related Programs Appropriations Act, 2006 Operations, Export Financing, and Related priations Acts. (Public Law 109–102) shall be deemed to be Programs Appropriations Act, 2006 (Public ‘‘ ‘(b) LIMITATIONS ON AUTHORIZATION OF $120,000,000 for the purpose of applying funds Law 109–102) is amended by striking ‘cer- APPROPRIATIONS.—For the United States appropriated under such heading by this di- tifies’ and all that follows and inserting the contribution authorized by subsection (a), vision: Provided further, That the number in following: ‘reports to the appropriate con- there are authorized to be appropriated not the second proviso under the heading ‘Other gressional committees on the extent to more than $150,000,000, without fiscal year Bilateral Economic Assistance, Economic which the World Bank has completed the fol- limitation, for payment by the Secretary of Support Fund’ in the Foreign Operations, lowing: the Treasury.’. Export Financing, and Related Programs Ap- ‘‘ ‘(1) World Bank procurement guidelines ‘‘SEC. 20411. The authority provided by sec- propriations Act, 2006 (Public Law 109–102) have been applied to all procurement fi- tion 801(b)(1)(ii) of Public Law 106–429 shall shall be deemed to be $455,000,000 for the pur- nanced in whole or in part by a loan from the apply to fiscal year 2007. pose of applying funds appropriated under World Bank or a credit agreement or grant ‘‘SEC. 20412. (a) Notwithstanding any other such heading by this division: Provided fur- from the International Development Asso- provision of this division, section 534(m) of ther, That up to $50,000,000 shall be made ciation (IDA). the Foreign Operations, Export Financing, available for assistance for the West Bank ‘‘ ‘(2) The World Bank proposal ‘‘Increasing and Related Programs Appropriations Act, and Gaza and up to $50,000,000 shall be made the Use of Country Systems in Procure- 2006 (Public Law 109–102) shall not apply to available for the Middle East Partnership ment’’ dated March 2005 has been withdrawn. funds and authorities provided under this di- Initiative: Provided further, That not less ‘‘ ‘(3) The World Bank maintains a strong vision. than $5,000,000 shall be made available for central procurement office staffed with sen- ‘‘(b) The Foreign Operations, Export Fi- the fund established by section 2108 of Public ior experts who are designated to address nancing, and Related Programs Appropria- Law 109–13: Provided further, That the four- commercial concerns, questions, and com- tions Act, 1990 (Public Law 101–167) is amend- teenth and twentieth provisos under the plaints regarding procurement procedures ed— heading ‘Bilateral Economic Assistance, and payments under IDA and World Bank ‘‘(1) in section 599D (8 U.S.C. 1157 note)— Funds Appropriated to the President, Other projects. ‘‘(A) in subsection (b)(3), by striking ‘and Bilateral Economic Assistance, Economic ‘‘ ‘(4) Thresholds for international competi- 2006’ and inserting ‘2006, and 2007’; and Support Fund’ in Public Law 109–102 shall tive bidding have been established to maxi- ‘‘(B) in subsection (e), by striking ‘2006’ not apply to funds made available under this mize international competitive bidding in each place it appears and inserting ‘2007’; and division. accordance with sound procurement prac- ‘‘(2) in section 599E (8 U.S.C. 1255 note), in ‘‘SEC. 20403. Notwithstanding section 101, tices, including transparency, competition, subsection (b)(2), by striking ‘2006’ and in- the level for each of the following accounts and cost-effective results for the Borrowers. serting ‘2007’. shall be as follows: ‘Bilateral Economic As- ‘‘ ‘(5) All tenders under the World Bank’s ‘‘SEC. 20413. Notwithstanding section 653(b) sistance, Department of State, Global HIV/ national competitive bidding provisions are of the Foreign Assistance Act of 1961 (22 AIDS Initiative’, $3,246,500,000, of which subject to the same advertisement require- U.S.C. 2413), the President shall transmit to $377,500,000 shall be made available, notwith- ments as tenders under international com- Congress the report required under section standing any other provision of law, except petitive bidding. 653(a) of that Act with respect to the provi- for the United States Leadership Against ‘‘ ‘(6) Loan agreements between the World sion of funds appropriated by this division: HIV/AIDS, Tuberculosis, and Malaria Act of Bank and the Borrowers have been made Provided, That such report shall include a 2003 (Public Law 108–25) for a United States public.’. comparison of amounts, by category of as- contribution to the Global Fund to Fight ‘‘SEC. 20408. Section 523 of the Foreign Op- sistance, provided or intended to be provided AIDS, Tuberculosis and Malaria; and ‘Bilat- erations, Export Financing, and Related Pro- from funds appropriated for fiscal years 2006 eral Economic Assistance, Funds Appro- grams Appropriations Act, 2006 (Public Law and 2007, for each country and international priated to the President, United States 109–102) shall be applied to funds made avail- organization. Agency for International Development, Child able under this division by substituting ‘‘SEC. 20414. The seventh proviso under the Survival and Health Programs Fund’, ‘$1,022,086,000’ for the first dollar amount. heading ‘Bilateral Economic Assistance, $1,718,150,000, of which $248,000,000 shall be ‘‘SEC. 20409. Notwithstanding any other Funds Appropriated to the President, United made available for programs and activities provision of this division, the following pro- States Agency for International Develop- to combat malaria. visions in the Foreign Operations, Export Fi- ment, Child Survival and Health Programs

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.013 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1077 Fund’ of the Foreign Operations, Export Fi- System’, shall be $1,445,646,000, except that ‘‘(2) Of the amount provided in paragraph nancing, and Related Programs Appropria- the $5,000,000 specified as an additional re- (1)— tions Act, 2006 (Public Law 109–102) shall be gional allocation is not required. ‘‘(A) $1,672,810,000 shall be available for ob- applied to funds made available under this ‘‘SEC. 20510. Notwithstanding section 101, ligation for the period July 1, 2007, through division by substituting ‘The GAVI Fund’ for the level for ‘Forest Service, Wildland Fire June 30, 2008, of which (i) $341,811,000 shall be ‘The Vaccine Fund’. Management’, shall be $1,816,091,000 of which for dislocated worker employment and train- ‘‘SEC. 20415. Section 501(i) of H.R. 3425, as the allocation provided for fire suppression ing activities; (ii) $70,092,000 shall be for the enacted into law by section l000(a)(5) of divi- operations shall be $741,477,000; the alloca- dislocated workers assistance national re- sion B of Public Law 106–113 (appendix E, 113 tion for hazardous fuels reduction shall be serve; (iii) $79,752,000 shall be for migrant and Stat. 1501A–313), as amended by section 591(b) $298,828,000; and other funding allocations seasonal farmworkers, including $74,302,000 of division D of Public Law 108–447 (118 Stat. and terms and conditions shall follow Public for formula grants, $4,950,000 for migrant and 3037), shall apply to fiscal year 2007. Law 109–54. seasonal housing (of which not less than 70 ‘‘SEC. 20511. Notwithstanding section 101, of ‘‘CHAPTER 5—DEPARTMENT OF THE INTE- percent shall be for permanent housing), and the level for ‘Forest Service, Capital Im- RIOR, ENVIRONMENT, AND RELATED $500,000 for other discretionary purposes; (iv) provement and Maintenance’, the $3,000,000 AGENCIES $878,538,000 shall be for Job Corps operations; specified in the third proviso is not required. (v) $14,700,000 shall be for carrying out pilots, ‘‘SEC. 20501. Notwithstanding section 101, ‘‘SEC. 20512. Notwithstanding section 101, the level for each of the following accounts demonstrations, and research activities au- the level for ‘Indian Health Service, Indian thorized by section 171(d) of the Workforce shall be as follows: ‘Bureau of Land Manage- Health Services’, shall be $2,817,099,000 and ment, Management of Lands and Resources’, Investment Act of 1998; (vi) $49,104,000 shall the $15,000,000 allocation of funding under be for Responsible Reintegration of Youthful $862,632,000; ‘United States Fish and Wildlife the eleventh proviso shall not be required. Service, Resource Management’, Offenders; (vii) $4,921,000 shall be for Evalua- ‘‘SEC. 20513. Notwithstanding section 101, tion; and (viii) not less than $1,000,000 shall $1,009,037,000; ‘National Park Service, His- the level for ‘Smithsonian Institution, Sala- toric Preservation Fund’, $55,663,000; ‘United be for carrying out the Women in Appren- ries and Expenses’ shall be $533,218,000, ex- ticeship and Nontraditional Occupations Act States Geological Survey, Surveys, Inves- cept that current terms and conditions shall tigations, and Research’, $977,675,000; and (29 U.S.C. 2501 et seq.); not be interpreted to require a specific grant ‘‘(B) $990,000,000 shall be available for obli- ‘‘Environmental Protection Agency, Haz- for the Council of American Overseas Re- ardous Substance Superfund’’, $1,251,574,000. gation for the period April 1, 2007, through search Centers or for the reopening of the June 30, 2008, for youth activities, of which ‘‘SEC. 20502. Notwithstanding section 101, Patent Office Building. $49,500,000 shall be available for the the level for ‘National Park Service, Oper- ‘‘SEC. 20514. Notwithstanding section 101, Youthbuild Program; and ation of the National Park Service’, shall be no additional funding is made available by ‘‘(C) $7,920,000 shall be available for obliga- $1,758,415,000, of which not to exceed $5,000,000 this division for fiscal year 2007 based on the tion for the period July 1, 2007, through June may be transferred to the United States terms of section 134 and section 437 of Public 30, 2010, for necessary expenses of construc- Park Police. Law 109–54. tion, rehabilitation and acquisition of Job ‘‘SEC. 20503. Notwithstanding section 101, ‘‘SEC. 20515. Notwithstanding section 101, Corps centers. under ‘National Park Service, Construction’, the level for ‘Bureau of Indian Affairs, Oper- ‘‘(3) The Secretary of Labor shall award the designations under Public Law 109–54 of ation of Indian Programs’ shall be the following grants on a competitive basis: specific amounts and sources of funding for $1,984,190,000, of which not less than (A) Community College Initiative grants or modified water deliveries and the national $75,477,000 is for post-secondary education Community-Based Job Training Grants historic landmark shall not apply. programs. awarded from amounts provided for such ‘‘SEC. 20504. The contract authority pro- ‘‘SEC. 20516. The rule referenced in section purpose under section 109 of this division and vided for fiscal year 2007 under the Land and 126 of Public Law 109–54 shall continue in ef- under the Department of Labor Appropria- Water Conservation Fund Act of 1965 (16 fect for the 2006–2007 winter use season. tions Act, 2006; and (B) grants for job train- U.S.C. 4601–10a) is rescinded. ‘‘SEC. 20517. Section 123 of Public Law 109– ing for employment in high growth indus- ‘‘SEC. 20505. Notwithstanding section 101, 54 is amended by striking ‘9’ in the first sen- tries awarded during fiscal year 2007 under the level for ‘Bureau of Indian Affairs, Indian tence and inserting ‘10’. section 414(c) of the American Competitive- Land and Water Claim Settlements and Mis- ‘‘SEC. 20518. For fiscal year 2007, the Min- ness and Workforce Improvement Act of 1998. cellaneous Payments to Indians’, shall be erals Management Service may retain 3 per- cent of the amounts disbursed under section ‘‘(4) None of the funds made available in $42,000,000 for payments required for settle- this division or any other Act shall be avail- ments approved by Congress or a court of 31(b)(1) of the Coastal Impact Assistance Program, authorized by section 31 of the able to finalize or implement any proposed competent jurisdiction. regulation under the Workforce Investment ‘‘SEC. 20506. Notwithstanding section 101, Outer Continental Shelf Lands Act, as Act of 1998, Wagner-Peyser Act of 1933, or the the ‘Minerals Management Service, Royalty amended (43 U.S.C. 1456(a)), for administra- Trade Adjustment Assistance Reform Act of and Offshore Minerals Management’ shall tive costs, to remain available until ex- 2002 until such time as legislation reauthor- credit an amount not to exceed $128,730,000 pended. izing the Workforce Investment Act of 1998 under the same terms and conditions of the ‘‘SEC. 20519. Of the funds made available in and the Trade Adjustment Assistance Re- credit to said account as in Public Law 109– section 8098(b) of Public Law 108–287, to con- struct a wildfire management training facil- form Act of 2002 is enacted. 54. To the extent $128,730,000 in addition to ‘‘(b) Notwithstanding section 101, the level ity, $7,400,000 shall be transferred not later receipts are not realized from sources of re- for ‘Employment and Training Administra- than 15 days after the date of the enactment ceipts stated above, the amount needed to tion, Program Administration’ shall be of the Continuing Appropriations Resolu- reach $128,730,000 shall be credited to this ap- $116,702,000 (together with not to exceed tion, 2007, to the ‘‘Forest Service, Wildland propriation from receipts resulting from $82,049,000, which may be expended from the Fire Management’’ account and shall be rental rates for Outer Continental Shelf Employment Security Administration Ac- available for hazardous fuels reduction, haz- leases in effect before August 5, 1993. count in the Unemployment Trust Fund), of ard mitigation, and rehabilitation activities ‘‘SEC. 20507. Notwithstanding section 101, which $28,578,000 shall be for necessary ex- within the amounts made available under of the Forest Service. ‘‘SEC. 20520. Section 337 of division E of penses for the Office of Job Corps. ‘Environmental Protection Agency, State ‘‘(c) None of the funds made available in Public Law 108–447 is amended by striking and Tribal Assistance Grants’, $1,083,817,000, this division or under the Departments of ‘2006’ and inserting ‘2007’. shall be for making capitalization grants for Labor, Health and Human Services, and Edu- ‘‘SEC. 20521. No funds appropriated or oth- the Clean Water State Revolving Funds cation, and Related Agencies Appropriations under title VI of the Federal Water Pollution erwise made available to the Department of the Interior may be used, in relation to any Act, 2006 shall be used to reduce Job Corps Control Act, as amended, and no funds shall total student training slots below 44,491 in be available for making special project proposal to store water for the purpose of ex- port, for approval of any right-of-way or program year 2006 or program year 2007. grants for the construction of drinking ‘‘(d) Of the funds available under the head- similar authorization on the Mojave Na- water, wastewater, and storm water infra- ing ‘Employment and Training Administra- tional Preserve or lands managed by the structure and for water quality protection in tion, Training and Employment Services’ in Needles Field Office of the Bureau of Land accordance with the terms and conditions the Department of Labor Appropriations Management or for carrying out any activi- specified for such grants in the joint explan- Act, 2006 for the Responsible Reintegration ties associated with such right-of-way or atory statement of the mangers in Con- of Youthful Offenders, $25,000,000 shall be similar approval. ference Report 109–188. used for grants to local educational agencies ‘‘SEC. 20508. Notwithstanding section 101, ‘‘CHAPTER 6—DEPARTMENTS OF LABOR, to discourage youth in high-crime urban for ‘Forest Service, State and Private For- HEALTH AND HUMAN SERVICES, AND areas from involvement in violent crime. estry’, the $1,000,000 specified in the second EDUCATION, AND RELATED AGENCIES ‘‘(e) Notwithstanding section 101, the level proviso and the $1,500,000 specified in the ‘‘SEC. 20601. (a)(1) Notwithstanding section for ‘Employment and Training Administra- third proviso in Public Law 109–54 are not re- 101, the level for ‘Employment and Training tion, Community Service Employment for quired. Administration, Training and Employment Older Americans’ shall be $483,611,000. ‘‘SEC. 20509. Notwithstanding section 101, Services’ shall be $2,670,730,000 plus reim- ‘‘(f) Notwithstanding section 101, the level the level for ‘Forest Service, National Forest bursements. for administrative expenses of ‘Employment

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.013 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1078 CONGRESSIONAL RECORD — HOUSE January 31, 2007 and Training Administration, State Unem- shall be $66,783,000 (together with not to ex- ‘‘(b) Notwithstanding any other provision ployment Insurance and Employment Serv- ceed $5,552,000, which may be expended from of this division, the parenthetical preceding ice Operations’ shall be $106,252,000 (together the Employment Security Administration the first proviso under the heading ‘Depart- with not to exceed $3,234,098,000, which may Account in the Unemployment Trust Fund). ment of Health and Human Services, Health be expended from the Employment Security ‘‘SEC. 20610. Section 193 of the Workforce Resources and Services Administration, Administration Account in the Unemploy- Investment Act of 1998 (29 U.S.C. 2943) is Health Resources and Services’ in the De- ment Trust Fund), of which $63,855,000 shall amended to read as follows: partment of Health and Human Services Ap- be available for one-stop career centers and ‘‘ ‘SEC. 193. TRANSFER OF FEDERAL EQUITY IN propriations Act, 2006 shall not apply to labor market information activities. For STATE EMPLOYMENT SECURITY funds appropriated by this division. purposes of this division, the first proviso REAL PROPERTY TO THE STATES. ‘‘(c) Amounts made available by this divi- under such heading in the Department of ‘‘ ‘(a) TRANSFER OF FEDERAL EQUITY.—Not- sion to carry out parts A and B of title XXVI Labor Appropriations Act, 2006 shall be ap- withstanding any other provision of law, any of the Public Health Service Act (42 U.S.C. plied by substituting ‘2007’ and ‘2,703,000’ for Federal equity acquired in real property 300ff–11 et seq.; relating to Ryan White ‘2006’ and ‘2,800,000’, respectively. through grants to States awarded under title Emergency Relief Grants and CARE Grants) ‘‘SEC. 20602. Notwithstanding section 101, III of the Social Security Act (42 U.S.C. 501 shall remain available for obligation by the the level for ‘Employee Benefits Security et seq.) or under the Wagner-Peyser Act (29 Secretary of Health and Human Services Administration, Salaries and Expenses’ shall U.S.C. 49 et seq.) is transferred to the States through September 30, 2009. be $140,834,000, of which no less than $5,000,000 that used the grants for the acquisition of ‘‘(d) Any assets and liabilities associated shall be for the development of an electronic such equity. The portion of any real property with any program under section 319C-2, 319F, Form 5500 filing system (EFAST2). that is attributable to the Federal equity or 319I of the Public Health Service Act (42 ‘‘SEC. 20603. Notwithstanding section 101, transferred under this section shall be used U.S.C. 247d–3b, 247d–6, 247d–7b; relating to the level for ‘Employment Standards Admin- to carry out activities authorized under this hospital preparedness grants, bioterrorism istration, Salaries and Expenses’ shall be Act, the Wagner-Peyser Act (29 U.S.C. 49 et training and curriculum development, and $416,308,000 (together with $2,028,000 which seq.), or title III of the Social Security Act credentialing/emergency systems for ad- may be expended from the Special Fund in (42 U.S.C. 501 et seq.). Any disposition of such vance registration of volunteer health pro- accordance with sections 39 (c), 44(d), and real property shall be carried out in accord- fessionals) shall be permanently transferred 44(j) of the Longshore and Harbor Workers’ ance with the procedures prescribed by the to the Secretary of Health and Human Serv- Compensation Act). Secretary and the portion of the proceeds ices. ‘‘SEC. 20604. Notwithstanding section 101, from the disposition of such real property ‘‘SEC. 20612. Notwithstanding section 101, the level for ‘Occupational Safety and Health that is attributable to the Federal equity the level for ‘Department of Health and Administration, Salaries and Expenses’ shall transferred under this section shall be used Human Services, Health Resources and Serv- be $485,074,000, of which $7,500,000 shall be for to carry out activities authorized under this ices Administration, Vaccine Injury Com- continued development of the Occupational Act, the Wagner-Peyser Act, or title III of pensation Program Trust Fund’, for nec- Safety and Health Information System, and the Social Security Act. essary administrative expenses, shall not ex- of which $10,116,000 shall be for the Susan ‘‘ ‘(b) LIMITATION ON USE.—A State shall ceed $3,964,000. ‘‘SEC. 20613. (a) Notwithstanding section Harwood training grants program. Notwith- not use funds awarded under this Act, the 101, the level for ‘Department of Health and standing any other provision of this division, Wagner-Peyser Act, or title III of the Social Human Services, Centers for Disease Control the fifth proviso under such heading in the Security Act to amortize the costs of real property that is purchased by any State on and Prevention; Disease Control, Research, Department of Labor Appropriations Act, and Training’ shall be $5,829,086,000, of which 2006 shall not apply to funds apprpriated by or after the date of enactment of the Revised Continuing Appropriations Resolution, 2007.’. (1) $456,863,000 shall be for carrying out the this division. immunization program authorized by section ‘‘SEC. 20605. Notwithstanding section 101, ‘‘SEC. 20611. (a)(1) Notwithstanding section 317(a), (j), and (k)(1) of the Public Health the level for ‘Mine Safety and Health Admin- 101 or any other provision of this division, Service Act (42 U.S.C. 247b(a), (j), and (k)(1)); istration, Salaries and Expenses’ shall be the level for ‘Department of Health and (2) $99,000,000 shall be for carrying out part A $299,836,000. Human Services, Health Resources and Serv- of title XIX of the Public Health Service Act ‘‘SEC. 20606. Notwithstanding section 101, ices Administration, Health Resources and (42 U.S.C. 300w et seq.; relating to preventive the level for ‘Bureau of Labor Statistics, Sal- Services’ shall be $6,883,586,000. health and health services block grants); and aries and Expenses’ shall be $468,512,000 (to- ‘‘(2) Of the amount provided in paragraph (3) $134,400,000 shall be for equipment, con- gether with not to exceed $77,067,000, which (1)— struction, and renovation of facilities. may be expended from the Employment Se- ‘‘(A) $1,988,000,000 shall be for carrying out section 330 of the Public Health Service Act ‘‘(b) None of the funds appropriated by this curity Administration Account in the Unem- division may be used to (1) implement sec- ployment Trust Fund). (42 U.S.C. 254b; relating to health centers), of which $25,000,000 shall be for base grant ad- tion 2625 of the Public Health Service Act (42 ‘‘SEC. 20607. Notwithstanding section 101, U.S.C. 300ff–33; relating to the Ryan White the level for ‘Departmental Management, justments for existing health centers and $13,959,000 shall be for carrying out Public early diagnosis grant program); or (2) enter Salaries and Expenses’ shall be $297,272,000 into contracts for annual bulk monovalent (together with not to exceed $308,000, which Law 100–579, as amended by section 9168 of Public Law 102–396 (42 U.S.C. 11701 et seq.); influenza vaccine. may be expended from the Employment Se- ‘‘(c) Of the amounts made available in the ‘‘(B) $184,746,000 shall be for carrying out curity Administration Account in the Unem- Department of Health and Human Services title VII of the Public Health Service Act (42 ployment Trust Fund), of which $72,516,000 Appropriations Act, 2006 for ‘Department of U.S.C. 292 et seq.; relating to health profes- shall be for contracts, grants, or other ar- Health and Human Services, Centers for Dis- sions programs) of which (i) $31,548,000 shall rangements of Departmental activities con- ease Control and Prevention; Disease Con- be for carrying out section 753 of the Public ducted by or through the Bureau of Inter- trol, Research, and Training’, $29,680,000 for national Labor Affairs, including $60,390,000 Health Service Act (42 U.S.C. 294c; relating entering into contracts for annual bulk for child labor activities, and of which not to to geriatric programs); and (ii) $48,851,000 monovalent influenza vaccine is rescinded. exceed $6,875,000 may remain available until shall be for carrying out section 747 of the ‘‘SEC. 20614. (a) Notwithstanding section September 30, 2008, for Frances Perkins Public Health Service Act (42 U.S.C. 293k; re- 101, the levels for the following accounts of Building Security Enhancements. lating to training in primary care medicine the Department of Health and Human Serv- ‘‘SEC. 20608. (a) Notwithstanding section and dentistry), of which (I) not less than ices, National Institutes of Health, shall be 101, the level for ‘Veterans Employment and $5,000,000 shall be for pediatric dentistry pro- as follows: ‘National Institute of Child Training, Salaries and Expenses’ shall not grams; (II) not less than $5,000,000 shall be for Health and Human Development’, exceed $193,753,000 which may be derived general dentistry programs; and (III) not less $1,253,769,000; ‘National Center for Research from the Employment Security Administra- than $24,614,000 shall be for family medicine Resources’, $1,133,101,000; ‘National Center on tion Account in the Unemployment Trust programs; Minority Health and Health Disparities’, Fund to carry out the provisions of sections ‘‘(C) $1,195,500,000 shall be for carrying out $199,405,000; ‘National Library of Medicine’, 4100 through 4113, 4211 through 4215, and 4321 part B of title XXVI of the Public Health $319,910,000; and ‘Office of the Director’, through 4327 of title 38, United States Code, Service Act (42 U.S.C. 300ff–11 et seq.; relat- $1,095,566,000, of which up to $14,000,000 may and Public Law 103–353, of which $1,967,000 is ing to Ryan White CARE Grants); and be used to carry out section 217 of the De- for the National Veterans Employment and ‘‘(D) $495,000,000 shall be transferred to ‘De- partment of Health and Human Services Ap- Training Services Institute. partment of Health and Human Services, Of- propriations Act, 2006, $69,000,000 shall be ‘‘(b) Notwithstanding section 101, the level fice of the Secretary, Public Health and So- available to carry out the National Chil- to carry out the Homeless Veterans Re- cial Services Emergency Fund’ to carry out dren’s Study, and $483,000,000 shall be avail- integration Programs and the Veterans sections 319C–2, 319F, and 319I of the Public able for the Common Fund established under Workforce Investment Programs shall be Health Service Act (42 U.S.C. 247d–3b, 247d–6, section 402A(c)(1) of the Public Health Serv- $29,244,000, of which $7,435,000 shall be avail- 247d–7b; relating to hospital preparedness ice Act. able for obligation for the period July 1, 2007, grants, bioterrorism training and curriculum ‘‘(b) The seventh, eighth, and ninth pro- through June 30, 2008. development, and credentialing/emergency visos under the heading ‘Department of ‘‘SEC. 20609. Notwithstanding section 101, systems for advance registration of volun- Health and Human Services, National Insti- the level for ‘Office of the Inspector General’ teer health professionals). tutes of Health, Office of the Director’ in the

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Department of Health and Human Services ‘‘SEC. 20621. Notwithstanding section 101, ‘‘SEC. 20627. Of the amount provided by sec- Appropriations Act, 2006, pertaining to the the level for ‘Department of Health and tion 101 for ‘Department of Education, National Institutes of Health Roadmap for Human Services, Public Health and Social School Improvement Programs’, $33,907,000 Medical Research, shall not apply to funds Services Emergency Fund’ shall be shall be for programs authorized under part appropriated by this division. $160,027,000, of which $100,000,000 shall be B of title VII of the ESEA and $33,907,000 ‘‘(c) Funds appropriated by this division to transferred within 30 days of enactment of shall be for programs authorized under part the Institutes and Centers of the National the Revised Continuing Appropriations Reso- C of title VII of the ESEA. Notwithstanding Institutes of Health may be expended for im- lution, 2007, to ‘Department of Health and any other provision of this division, the sec- provements and repairs of facilities, as nec- Human Services, Centers for Disease Control ond proviso under such heading in the De- essary for the proper and efficient conduct of and Prevention; Disease Control, Research, partment of Education Appropriations Act, the activities authorized herein, not to ex- and Training’ for preparedness and response 2006 shall not apply to funds appropriated by ceed $2,500,000 per project. to pandemic influenza and other emerging this division. ‘‘SEC. 20615. (a) Notwithstanding section infectious diseases. ‘‘SEC. 20628. Notwithstanding section 101 or 101, the level for ‘Department of Health and ‘‘SEC. 20622. Notwithstanding section 208 of any other provision of this division, (1) the Human Services, Centers for Medicare and the Department of Health and Human Serv- level for ‘Department of Education, Innova- Medicaid Services, Program Management’ ices Appropriations Act, 2006, not to exceed 1 tion and Improvement’ shall be $837,686,000, shall be $3,136,006,000, of which $15,892,000 percent of any discretionary funds (pursuant of which not to exceed $200,000 shall be for shall be for Real Choice Systems Change to the Balanced Budget and Emergency Def- the teacher incentive fund authorized in sub- icit Control Act of 1985) that are appro- Grants to States, $48,960,000 shall be for con- part 1 of part D of title V of the ESEA; and priated for the current fiscal year for the De- tract costs for the Healthcare Integrated (2) the first proviso under such heading in partment of Health and Human Services in General Ledger Accounting System, and the Department of Education Appropriations this division may be transferred among ap- $106,260,000 shall remain available until Sep- Act, 2006 may be applied to advanced propriations, but no such appropriation to tember 30, 2008, for contracting reform ac- credentialing activities authorized under tivities of the Centers for Medicare and Med- which such funds are transferred may be in- creased by more than 3 percent by any such subpart 5 of part A of title II of the ESEA icaid Services. without regard to any specific designation ‘‘(b) The Secretary of Health and Human transfer: Provided, That an appropriation therein. Services shall charge fees necessary to cover may be increased by up to an additional 2 ‘‘SEC. 20629. Notwithstanding section 101 or the costs incurred under ‘Department of percent subject to approval by the Commit- any other provision of this division, (1) the Health and Human Services, Centers for tees on Appropriations of the House of Rep- level for ‘Department of Education, Safe Medicare and Medicaid Services, Program resentatives and the Senate: Provided further, Schools and Citizenship Education’ shall be Management’ for conducting revisit surveys That the transfer authority granted by this $729,518,000, of which (A) not less than on health care facilities cited for deficiencies section shall be available only to meet unan- $72,674,000 shall be used to carry out subpart during initial certification, recertification, ticipated needs and shall not be used to cre- 10 of part D of title V of the ESEA; and (B) or substantiated complaints surveys. Not- ate any new program or to fund any project $48,814,000 shall be used for mentoring pro- withstanding section 3302 of title 31, United or activity for which no funds are provided grams authorized under section 4130 of the States Code, receipts from such fees shall be in this division: Provided further, That the ESEA; and (2) the last proviso under such credited to such account as offsetting collec- Committees on Appropriations are notified tions, to remain available until expended for at least 15 days in advance of any transfer. heading in the Department of Education Ap- conducting such surveys. ‘‘SEC. 20623. Section 214 of the Department propriations Act, 2006 may be applied to civic ‘‘SEC. 20616. Notwithstanding any other of Health and Human Services Appropria- education activities authorized under sub- provision of this division, the provision of tions Act, 2006 shall be applied to funds ap- part 3 of part C of title II of the ESEA with- the Department of Health and Human Serv- propriated by this division by substituting out regard to any specific designation there- ices Appropriations Act, 2006, ‘Department of ‘2006’ and ‘2007’ for ‘2005’ and ‘2006’, respec- in. Health and Human Services, Centers for tively, each place they appear. ‘‘SEC. 20630. (a)(1) Notwithstanding section Medicare and Medicaid Services, Health ‘‘SEC. 20624. Notwithstanding any other 101, the level for ‘Department of Education, Maintenance Organization Loan and Loan provision of this division, sections 222 and Special Education’ shall be $11,802,867,000. Guarantee Fund’, shall not apply to funds 223 of the Department of Health and Human ‘‘(2) Of the amount made available in para- appropriated by this division. Services Appropriations Act, 2006 shall not graph (1), $6,175,912,000 shall become avail- ‘‘SEC. 20617. Notwithstanding section 101, apply to funds appropriated by this division. able on July 1, 2007, and shall remain avail- the level for ‘Department of Health and ‘‘SEC. 20625. (a) Notwithstanding section able through September 30, 2008, of which Human Services, Administration for Chil- 101 or any other provision of this division, $5,358,761,000 shall be for State grants author- dren and Families, Refugee and Entrant As- the level for ‘Department of Education, Edu- ized under section 611 (20 U.S.C. 1411) of part sistance’ shall be $587,823,000, of which cation for the Disadvantaged’ shall be B of the Individuals with Disabilities Edu- $95,302,000 shall be for costs associated with $14,725,593,000. cation Act (IDEA). the care and placement of unaccompanied ‘‘(b) Of the amount provided in subsection ‘‘(b) None of the funds appropriated by this alien children under section 462 of the Home- (a)— division may be used for State personnel de- land Security Act of 2002 (6 U.S.C. 279). ‘‘(1) $7,172,994,000 shall become available on velopment authorized in subpart 1 of part D ‘‘SEC. 20618. Notwithstanding any other July 1, 2007, and shall remain available of the IDEA (20 U.S.C. 1451 et seq.). provision of this division, the first proviso through September 30, 2008, of which (A) ‘‘(c) Notwithstanding any other provision under the heading ‘Department of Health $5,451,387,000 shall be for basic grants under of this division, the first and second provisos and Human Services, Administration for section 1124 of the Elementary and Sec- under the heading ‘Department of Education, Children and Families, Payments to States ondary Education Act of 1965 (ESEA); (B) Special Education’ in the Department of for the Child Care and Development Block $125,000,000 shall be for school improvement Education Appropriations Act, 2006 shall not Grant’ in the Department of Health and grants authorized under section 1003(g) of the apply to funds appropriated by this division. Human Services Appropriations Act, 2006 ESEA; and (C) not to exceed $2,352,000 shall For purposes of this division, the last proviso may be applied to child care resource and re- be available for section 1608 of the ESEA; under such heading shall be applied by sub- ferral and school-aged child care activities and stituting ‘2006’ for ‘2005’. without regard to any specific designation ‘‘(2) $7,383,301,000 shall become available on ‘‘SEC. 20631. Notwithstanding any other therein. October 1, 2007, and shall remain available provision of this division, the second appro- ‘‘SEC. 20619. Notwithstanding section 101, through September 30, 2008, for academic priation under the heading ‘Department of the level for ‘Department of Health and year 2007-2008, of which (A) $1,353,584,000 shall Education, Rehabilitation Services and Dis- Human Services, Administration for Chil- be for basic grants under section 1124 of the ability Research’ in the Department of Edu- dren and Families, Children and Families ESEA; (B) $2,332,343,000 shall be for targeted cation Appropriations Act, 2006 shall not Services Programs’ shall be $8,937,059,000, of grants under section 1125 of the ESEA; and apply to funds appropriated by this division. which (1) $6,888,571,000 shall be for making (C) $2,332,343,000 shall be for education fi- ‘‘SEC. 20632. The provision pertaining to payments under the Head Start Act; (2) nance incentive grants under section 1125A funding for construction under ‘Department $186,365,000 shall be for Federal administra- of the ESEA. of Education, Special Institutions for Per- tion; and (3) $5,000,000 shall be for grants to ‘‘(c) Notwithstanding any other provision sons With Disabilities, National Technical States for adoption incentive payments, as of this division, the last proviso under the Institute for the Deaf’ shall not apply to authorized by section 473A of the Social Se- heading ‘Department of Education, Edu- funds appropriated by this division. curity Act (42 U.S.C. 673b). cation for the Disadvantaged’ in the Depart- ‘‘SEC. 20633. (a) Notwithstanding section ‘‘SEC. 20620. Notwithstanding section 101, ment of Education Appropriations Act, 2006 101, the level for ‘Department of Education, the level for ‘Department of Health and may be applied to activities authorized Student Financial Assistance’ shall be Human Services, Administration on Aging, under part F of title I of the ESEA without $15,542,456,000. Aging Services Programs’ shall be regard to any specific designation therein. ‘‘(b) The maximum Pell Grant for which a $1,382,859,000, of which $398,919,000 shall be for ‘‘SEC. 20626. For purposes of this division, student shall be eligible during award year Congregate Nutrition Services and the proviso under the heading ‘Department 2007–2008 shall be $4,310. $188,305,000 shall be for Home-Delivered Nu- of Education, Impact Aid’ shall be applied by ‘‘SEC. 20634. (a) In addition to the amounts trition Services. substituting ‘2006–2007’ for ‘2005–2006’. provided under section 101 of this division,

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.014 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1080 CONGRESSIONAL RECORD — HOUSE January 31, 2007 amounts obligated in fiscal year 2006 from Community Service, Office of Inspector Gen- House of Representatives on June 7, 2006, are funding provided in section 458(a)(1) of the eral’ shall be $4,940,000. enacted into law. Higher Education Act of 1965 (20 U.S.C. ‘‘SEC. 20642. In addition to amounts pro- ‘‘SEC. 20703. (a) Notwithstanding section 1087h(a)(1)) (as reduced by the amount of ac- vided by section 101 of this division, funds 101, the level for ‘Capitol Guide Service and count maintenance fees obligated to guar- appropriated to the Medicare Payment Advi- Special Services Office’ shall be $8,490,000, anty agencies for fiscal year 2006 pursuant to sory Commission under section 106(b)(1)(B) of and the provisos under the heading ‘Capitol section 458(a)(1)(B) of that Act) shall be the Medicare Improvements and Extension Guide Service and Special Services Office’ in deemed to have been provided in an applica- Act of 2006 (division B of Public Law 109–432) the Legislative Branch Appropriations Act, ble appropriations Act for fiscal year 2006. shall be used to carry out section 1805 of the 2006 (Public Law 109–55; 119 Stat. 571) shall ‘‘(b) Notwithstanding section 101, the level Social Security Act (42 U.S.C. 1395b-6). not apply. for ‘Department of Education, Student Aid ‘‘SEC. 20643. Notwithstanding section 101, ‘‘(b) Notwithstanding section 101, the level Administration’ shall be $718,800,000, to re- the level for ‘Railroad Retirement Board, for ‘Capitol Police, General Expenses’ shall main available until expended. Dual Benefits Payments Account’ shall be be $38,500,000: Provided, That, notwith- ‘‘SEC. 20635. Of the amount provided by sec- $88,000,000. standing any other provision of law, the cost tion 101 for ‘Department of Education, High- ‘‘SEC. 20644. Notwithstanding section 101, of basic training for the Capitol Police at the er Education’, $11,785,000 shall be for car- the level for ‘Railroad Retirement Board, Federal Law Enforcement Training Center rying out section 317 of the Higher Education Limitation on Administration’ shall be for fiscal year 2007 shall be paid by the Sec- Act of 1965 (20 U.S.C. 1059d). $103,018,000. retary of Homeland Security from funds ‘‘SEC. 20636. Notwithstanding section 101, ‘‘SEC. 20645. (a) ADMINISTRATIVE EX- available to the Department of Homeland the level for ‘Department of Education, De- PENSES.—Notwithstanding section 101, the Security. partmental Management, Program Adminis- level for the first paragraph under the head- ‘‘(c)(1) Notwithstanding section 101, the tration’ shall be $416,250,000, of which ing ‘Social Security Administration, Limita- level for ‘Architect of the Capitol, Capitol $2,100,000, to remain available until ex- tion on Administrative Expenses’ shall be Power Plant’ shall be $73,098,000. pended, shall be for building alterations and $9,136,606,000. ‘‘(2) Notwithstanding section 101, the level related expenses for the move of Department ‘‘(b) CONFORMING CHANGE.—Notwith- for ‘Architect of the Capitol, Library Build- staff to the Mary E. Switzer building in standing section 101, the level for the first ings and Grounds’ shall be $27,375,000. Washington, DC. paragraph under the heading ‘Social Secu- ‘‘(3) Notwithstanding section 101, the level ‘‘SEC. 20637. Notwithstanding any other for ‘Architect of the Capitol, Capitol Police provision of this division, section 305 of the rity Administration, Supplemental Security Income Program’ shall be $29,058,000,000, of Buildings and Grounds’ shall be $11,753,000, of Department of Education Appropriations which $2,000,000 shall remain available until Act, 2006 (title III of Public Law 109–149; 119 which $2,937,000,000 shall be for administra- tive expenses. September 30, 2011. Stat. 2870) shall not apply to this division. ‘‘(4) Notwithstanding section 101, amounts ‘‘SEC. 20638. Notwithstanding section 101, ‘‘CHAPTER 7—LEGISLATIVE BRANCH made available under such section for the level for ‘Corporation for National and ‘‘SEC. 20701. (a) Notwithstanding section projects and activities described under the Community Service, Domestic Volunteer 101, the level for ‘Senate, Contingent Ex- heading ‘Architect of the Capitol, Capitol Service Programs, Operating Expenses’ shall penses of the Senate, Senators’ Official Per- Visitor Center’ in the Legislative Branch Ap- be $316,550,000, of which $3,500,000 shall be for sonnel and Office Expense Account’ shall be propriations Act, 2006 may be transferred establishment in the Treasury of a VISTA $361,456,000. among the accounts and purposes specified Advance Payments Revolving Fund (in this ‘‘(b)(1) The Architect of the Capitol may in such heading, upon the approval of the section referred to as the ‘Fund’) for the Cor- acquire (through purchase, lease, transfer Committees on Appropriations of the House poration for National and Community Serv- from another Federal entity, or otherwise) of Representatives and Senate. ice which, in addition to reimbursements real property, for the use of the Sergeant at ‘‘(d)(1) Notwithstanding section 101, the collected from eligible public agencies and Arms and Doorkeeper of the Senate to sup- level for ‘Library of Congress, Salaries and private nonprofit organizations pursuant to port the operations of the Senate— Expenses’ shall be $385,000,000, of which not cost-share agreements, shall be available ‘‘(A) subject to the approval of the Com- more than $6,000,000 shall be derived from until expended to make advance payments in mittee on Rules and Administration of the collections credited to this appropriation furtherance of title I of the Domestic Volun- Senate; and during fiscal year 2007 and shall remain teer Service Act of 1973 (42 U.S.C. 4951–4995): ‘‘(B) subject to the availability of appro- available until expended under the Act of Provided, That up to 10 percent of funds ap- priations and upon approval of an obligation June 28, 1902 (chapter 1301; 32 Stat. 480; 2 propriated to carry out title I of such Act plan by the Committee on Appropriations of may be transferred to the Fund if the Chief U.S.C. 150), and not more than $350,000 shall the Senate. be derived from collections credited to this Executive Officer of the Corporation for Na- ‘‘(2) Subject to the approval of the Com- tional and Community Service determines appropriation during fiscal year 2007 and mittee on Appropriations of the Senate, the shall remain available until expended for the that the amounts in the Fund are not suffi- Secretary of the Senate may transfer funds cient to cover expenses of the Fund: development and maintenance of an inter- Provided for the acquisition or maintenance of any further, That the Corporation for National national legal information database (and re- property under paragraph (1) from the ac- and Community Service shall provide de- lated activities). count under the heading ‘Senate, Contingent tailed information on the activities and fi- ‘‘(2) The eighth, tenth, and eleventh pro- Expenses of the Senate, Sergeant at Arms nancial status of the Fund during the pre- visos under the heading ‘Library of Congress, and Doorkeeper of the Senate’ to the ac- ceding fiscal year in the annual congres- Salaries and Expenses’ in the Legislative count under the heading ‘Architect of the sional budget justifications to the Commit- Branch Appropriations Act, 2006 (Public Law Capitol, Senate Office Buildings’. tees on Appropriations of the House of Rep- 109–55; 119 Stat. 580) shall not apply to funds ‘‘(3) This subsection shall apply with re- resentatives and the Senate. appropriated by this division. spect to fiscal year 2007 and each fiscal year ‘‘SEC. 20639. (a) Notwithstanding section ‘‘(3) Of the unobligated balances available 101, the level for the ‘Corporation for Na- thereafter. under the heading ‘Library of Congress, Sal- tional and Community Service, National and ‘‘(c)(1) Section 10 of the Legislative Branch aries and Expenses’, the following amounts Community Service Programs, Operating Appropriations Act, 2005 (Public Law 108–447; are rescinded: Expenses’ shall be $494,007,000, of which (1) 118 Stat. 3170) is amended— ‘‘(A) Of the unobligated balances available $117,720,000 shall be transferred to the Na- ‘‘(A) by inserting ‘(a) IN GENERAL.—’ before for the National Digital Information Infra- tional Service Trust; and (2) $31,131,000 shall ‘The Office’; and structure and Preservation Program, be for activities authorized under subtitle H ‘‘(B) by adding at the end the following $47,000,000. of title I of the National and Community new subsection: ‘‘(B) Of the unobligated balances available Service Act of 1990. ‘‘ ‘(b) EFFECTIVE DATE.—This section shall for furniture and furnishings, $695,394. ‘‘(b) Notwithstanding any other provision apply to fiscal year 2005 and each fiscal year ‘‘(C) Of the unobligated balances available of this division, the eleventh and thirteenth thereafter.’’’. for the acquisition and partial support for provisos under the heading ‘Corporation for ‘‘(2) The amendments made by this sub- implementation of an Integrated Library National and Community Service, National section shall take effect as though included System, $1,853,611. and Community Service Programs, Oper- in the Legislative Branch Appropriations ‘‘(4) Notwithstanding section 101, the level ating Expenses’ in the Departments of Act, 2005. for ‘Library of Congress, Books for the Blind Labor, Health and Human Services, and Edu- ‘‘SEC. 20702. (a) Notwithstanding section and Physically Handicapped, Salaries and cation, and Related Agencies Appropriations 101, the level for ‘House of Representatives, Expenses’ shall be $53,505,000, of which Act, 2006 shall not apply to funds appro- Salaries and Expenses’ shall be $1,129,454,000, $16,231,000 shall remain available until ex- priated by this division. to be allocated in accordance with an alloca- pended. ‘‘SEC. 20640. Notwithstanding section 101, tion plan submitted by the Chief Administra- ‘‘(5) The proviso under the heading ‘Books the level for ‘Corporation for National and tive Officer and approved by the Committee for the Blind and Physically Handicapped, Community Service, Salaries and Expenses’ on Appropriations of the House of Represent- Salaries and Expenses’ in the Legislative shall be $68,627,000. atives. Branch Appropriations Act, 2006 (Public Law ‘‘SEC. 20641. Notwithstanding section 101, ‘‘(b) Sections 103 and 107 of H.R. 5521, One 109—55; 119 Stat. 582) shall not apply to funds the level for ‘Corporation for National and Hundred Ninth Congress, as passed by the appropriated by this division.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.014 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1081 ‘‘(6) Section 3402 of the Emergency Supple- 108–324, the following amounts are rescinded: votes of the House of Representatives and mental Appropriations Act for Defense, the ‘Military Construction, Navy and Marine the Senate on the amendment of the Senate Global War on Terror, and Tsunami Relief, Corps’, $8,000,000; ‘Military Construction, Air to H.R. 5122 of the 109th Congress. 2005 (Public Law 109–13; 119 Stat. 272) is re- Force’, $2,694,000; ‘Military Construction, De- ‘‘CHAPTER 9—SCIENCE, STATE, JUSTICE, pealed, and each provision of law amended by fense-Wide’, $43,000,000; and ‘Family Housing COMMERCE, AND RELATED AGENCIES such section is restored as if such section Construction, Air Force’, $18,000,000. ‘‘SEC. 20901. (a) Notwithstanding section had not been enacted into law. ‘‘SEC. 20807. Of the funds made available 101, the level for each of the following ac- ‘‘(e) Notwithstanding section 101, the level under the following headings in Public Law counts of the Department of Justice shall be for ‘Government Printing Office, Govern- 109–114, the following amounts are rescinded: as follows: ‘General Administration, Salaries ment Printing Office Revolving Fund’ shall ‘Military Construction, Army’, $43,348,000; and Expenses’, $97,053,000; ‘General Adminis- be $1,000,000. ‘Military Construction, Defense-Wide’, tration, Justice Information Sharing Tech- ‘‘(f) Notwithstanding section 101, the $58,229,000; and ‘Military Construction, Army nology’, $123,510,000; ‘General Administra- amount applicable under the first proviso National Guard’, $2,129,000. tion, Narrowband Communications/Inte- under the heading ‘Government Account- ‘‘SEC. 20808. Notwithstanding section 101, grated Wireless Network’, $89,188,000; ‘Gen- ability Office, Salaries and Expenses’ in the the level for each of the following accounts eral Administration, Detention Trustee’, Legislative Branch Appropriations Act, 2006 of the Department of Veterans Affairs shall $1,225,788,000; ‘General Administration, Office (Public Law 109–55; 119 Stat. 586) shall be be as follows: ‘Veterans Health Administra- of Inspector General’, $70,118,000; ‘United $5,167,900, and the amount applicable under tion, Medical Services’, $25,423,250,000; ‘Vet- States Parole Commission, Salaries and Ex- the second proviso under such heading shall erans Health Administration, Medical Ad- penses’, $11,424,000; ‘Legal Activities, Sala- be $2,763,000. ministration’, $3,156,850,000; ‘Veterans Health ries and Expenses, Foreign Claims Settle- ‘‘CHAPTER 8—MILITARY QUALITY OF LIFE Administration, Medical Facilities’, ment Commission’, $1,551,000; ‘United States AND VETERANS AFFAIRS $3,558,150,000; ‘Departmental Administration, Marshals Service, Salaries and Expenses’, ‘‘SEC. 20801. Notwithstanding section 101, General Operating Expenses’, $1,472,164,000, $807,967,000; ‘United States Marshals Service, the level for each of the following accounts provided that the Veterans Benefits Admin- Construction’, $6,846,000; ‘Salaries and Ex- of the Department of Defense for projects au- istration shall be funded at not less than penses, Community Relations Service’, thorized in division B of Public Law 109–364 $1,161,659,000; ‘Departmental Administration, $10,178,000; ‘Assets Forfeiture Fund’, shall be as follows: ‘Military Construction, Construction, Major Projects’, $399,000,000, of $21,211,000; ‘Interagency Law Enforcement, Army’, $2,013,000,000; ‘Military Construction, which $2,000,000 shall be to make reimburse- Interagency Crime and Drug Enforcement’, Navy and Marine Corps’, $1,129,000,000; ‘Mili- ments as provided in section 13 of the Con- $494,793,000; ‘Drug Enforcement Administra- tary Construction, Air Force’, $1,083,000,000; tract Disputes Act of 1978 (41 U.S.C. 612) for tion, Salaries and Expenses’, $1,737,412,000; ‘Military Construction, Defense-Wide’, claims paid for contracts disputes; and ‘De- ‘Bureau of Alcohol, Tobacco, Firearms and $1,127,000,000; ‘Military Construction, Army partmental Administration, National Ceme- Explosives, Salaries and Expenses’, National Guard’, $473,000,000; ‘Military Con- tery Administration’, $159,983,000. $979,244,000; ‘Federal Prison System, Salaries struction, Air National Guard’, $126,000,000; ‘‘SEC. 20809. The first proviso under the and Expenses’, $4,974,261,000; ‘Office of Jus- ‘Military Construction, Army Reserve’, heading ‘Veterans Benefits Administration, tice Programs, Justice Assistance’, $166,000,000; ‘Military Construction, Navy Re- Compensation and Pensions’ in the Military $237,689,000; ‘Office of Justice Programs, serve’, $43,000,000; and ‘Military Construc- Quality of Life, Military Construction, and Community Oriented Policing Services’, tion, Air Force Reserve’, $45,000,000. Veterans Affairs Appropriations Act, 2006 $541,697,000; and ‘Office on Violence Against ‘‘SEC. 20802. Of the total amount specified (Public Law 109–114) shall be applied to funds Women, Violence Against Women Prevention in section 20801, the amount available for appropriated by this division by substituting and Prosecution Programs’, $382,534,000. study, planning, design, architect and engi- ‘$28,112,000’ for ‘$23,491,000’. ‘‘(b) In addition to the amount otherwise neer services, and host nation support, as au- ‘‘SEC. 20810. Notwithstanding any other appropriated by this division for ‘Depart- thorized by law, under the headings ‘Military provision of this division, the following pro- ment of Justice, Office of Justice Programs, Construction, Army’, ‘Military Construction, visions included in the Military Quality of State and Local Law Enforcement Assist- Navy and Marine Corps’, ‘Military Construc- Life, Military Construction, and Veterans ance’ for the Edward Byrne Memorial Jus- tion, Air Force’, and ‘Military Construction, Affairs Appropriations Act, 2006 (Public Law tice Assistance Grant program, there is ap- Defense-Wide’ shall not exceed $541,000,000. 109–114) shall not apply to funds appropriated propriated $108,693,000 for such purpose. ‘‘SEC. 20803. Notwithstanding any other by this division: the first, second, and last ‘‘SEC. 20902. Notwithstanding section 101, provision of this division, the following pro- provisos, and the set-aside of $2,200,000,000, the level for ‘Department of Justice, Legal visions included in the Military Quality of under the heading ‘Veterans Health Adminis- Activities, Salaries and Expenses, Antitrust Life, Military Construction, and Veterans tration, Medical Services’; the set-aside of Division’ shall be $147,002,000, to remain Affairs Appropriations Act, 2006 (Public Law $15,000,000 under the heading ‘Veterans available until expended: Provided, That not- 109–114) shall not apply to funds appropriated Health Administration, Medical and Pros- withstanding any other provision of law, not by this division: the first two provisos under thetic Research’; the set-aside of $532,010,000 to exceed $129,000,000 of offsetting collections the heading ‘Military Construction, Army’; under the heading ‘Departmental Adminis- derived from fees collected for premerger no- the first proviso under the heading ‘Military tration, Construction, Major Projects’; and tification filings under the Hart-Scott-Ro- Construction, Navy and Marine Corps’; the the set-aside of $155,000,000 under the heading dino Anti-trust Improvements Act of 1976 (15 first proviso under the heading ‘Military ‘Departmental Administration, Construc- U.S.C. 18a), regardless of the year of collec- Construction, Air Force’; and the second pro- tion, Minor Projects’. tion, shall be retained and used for necessary viso under the heading ‘Military Construc- ‘‘SEC. 20811. Notwithstanding any other expenses in this appropriation, and shall re- tion, Defense-Wide’. provision of this division, the following sec- main available until expended: Provided fur- ‘‘SEC. 20804. Notwithstanding section 101, tions included in the Military Quality of ther, That the sum herein appropriated from the level for each of the following accounts Life, Military Construction, and Veterans the general fund shall be reduced as such off- for the Department of Defense shall be as fol- Affairs Appropriations Act, 2006 (Public Law setting collections are received during fiscal lows: ‘Family Housing Construction, Army’, 109–114) shall not apply to funds appropriated year 2007, so as to result in a final fiscal year $579,000,000; ‘Family Housing Operation and by this division: section 217, section 224, sec- 2007 appropriation from the general fund es- Maintenance, Army’, $671,000,000; ‘Family tion 228, section 229, and section 230. timated at not more than $18,002,000. Housing Construction, Navy and Marine ‘‘SEC. 20812. Notwithstanding section 101, ‘‘SEC. 20903. Notwithstanding section 101, Corps’, $305,000,000; ‘Family Housing Oper- the level for each of the following accounts the level for ‘Department of Justice, Legal ation and Maintenance, Navy and Marine of the American Battle Monuments Commis- Activities, United States Trustee System Corps’, $505,000,000; ‘Family Housing Con- sion shall be as follows: ‘Salaries and Ex- Fund’, as authorized, shall be $222,121,000, to struction, Air Force’, $1,168,000,000; ‘Family penses’, $37,000,000; and ‘Foreign Currency remain available until expended and to be Housing Operation and Maintenance, Air Fluctuations Account’, $5,000,000. derived from the United States Trustee Sys- Force’, $750,000,000; ‘Family Housing Con- ‘‘SEC. 20813. Notwithstanding section 101, tem Fund: Provided, That notwithstanding struction, Defense-Wide’, $9,000,000; ‘Family the level for ‘United States Court of Appeals any other provision of law, deposits to the Housing Operation and Maintenance, De- for Veterans Claims, Salaries and Expenses’ Fund shall be available in such amounts as fense-Wide’, $49,000,000; ‘Chemical Demili- shall be $20,100,000. may be necessary to pay refunds due deposi- tarization Construction, Defense-Wide’, ‘‘SEC. 20814. Section 2101(a) of the Military tors: Provided further, That notwithstanding $131,000,000; and ‘Department of Defense Base Construction Authorization Act for Fiscal any other provision of law, $222,121,000 of off- Closure Account 2005’, $2,489,421,000. Year 2007 (division B of Public Law 109–364; setting collections pursuant to 28 U.S.C. ‘‘SEC. 20805. Of the funds made available 120 Stat. 2445) is amended by striking the 589a(b) shall be retained and used for nec- under the following headings in Public Law first table of authorized Army construction essary expenses in this appropriation and re- 108–132, the following amounts are rescinded: and land acquisition projects for inside the main available until expended: Provided fur- ‘Military Construction, Navy and Marine United States and by adding at the end of ther, That the sum herein appropriated from Corps’, $19,500,000; and ‘Military Construc- the remaining table the last two items in the the Fund shall be reduced as such offsetting tion, Defense-Wide’, $9,000,000. corresponding table on pages 366 and 367 of collections are received during fiscal year ‘‘SEC. 20806. Of the funds made available House Report 109–702, which is the con- 2007, so as to result in a final fiscal year 2007 under the following headings in Public Law ference report resolving the disagreeing appropriation from the Fund estimated at $0.

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‘‘SEC. 20904. Notwithstanding section 101, pended for Polar research and operations ment of Justice, Office of Justice Programs, the level for ‘Department of Justice, Federal support, and for reimbursement to other Community Oriented Policing Services’ of Bureau of Investigation, Salaries and Ex- Federal agencies for operational and science the Science, State, Justice, Commerce and penses’ shall be $5,962,219,000. support and logistical and other related ac- Related Agencies Appropriations Act, 2006 ‘‘SEC. 20905. Notwithstanding section 101, tivities for the United States Antarctic Pro- (Public Law 109–108) shall not apply to funds the level for ‘Department of Justice, Federal gram: Provided, That from funds provided appropriated by this division. Bureau of Investigation, Construction’ shall under this section, such sums as are nec- ‘‘SEC. 20930. Sections 207, 208, and 209 of the be $51,392,000. essary shall be available for the procurement Science, State, Justice, Commerce, and Re- ‘‘SEC. 20906. Notwithstanding section 101, of polar icebreaking services: Provided fur- lated Agencies Appropriations Act, 2006 the level for ‘Department of Justice, Na- ther, That the National Science Foundation (Public Law 109–108) shall not apply to funds tional Security Division’, as authorized by shall reimburse the Coast Guard according appropriated by this division. section 509A of title 28, United States Code, to the existing memorandum of agreement. ‘‘SEC. 20931. Notwithstanding any other shall be $66,741,000: Provided, That upon a de- ‘‘SEC. 20917. Notwithstanding section 101, provision of this division, the following pro- termination by the Attorney General that the level for ‘Antitrust Modernization Com- visions of the Science, State, Justice, Com- emergent circumstances require additional mission, Salaries and Expenses’ shall be merce, and Related Agencies Appropriations funding for activities of the National Secu- $462,000. Act, 2006 (Public Law 109–108), relating to the rity Division, the Attorney General may ‘‘SEC. 20918. Notwithstanding section 101, Department of Commerce, National Oceanic transfer such amounts to the National Secu- the level for ‘Legal Services Corporation, and Atmospheric Administration, shall not rity Division from available appropriations Payment to the Legal Services Corporation’ apply to funds appropriated by this division: for the current fiscal year for the Depart- shall be $348,578,000. the twelfth proviso under the heading ‘Oper- ment of Justice, as may be necessary to re- ‘‘SEC. 20919. Of the unobligated balances ations, Research and Facilities’; the fifth spond to such circumstances: Provided fur- available under the heading ‘Department of proviso under the heading ‘Procurement, Ac- ther, That any transfer pursuant to the pre- Justice, General Administration, Working quisition and Construction’; and the set- vious proviso shall be treated as a re- Capital Fund’, $2,500,000 is rescinded. aside of $19,000,000 under the second proviso programming under section 605 of Public ‘‘SEC. 20920. Of the unobligated balances under the heading ‘Fisheries Finance Pro- Law 109–108 and shall not be available for ob- available under the heading ‘Department of gram Account’. ligation or expenditure except in compliance Justice, General Administration, Tele- ‘‘SEC. 20932. In the Science, State, Justice, with the procedures set forth in that section. communications Carrier Compliance Fund’, Commerce, and Related Agencies Appropria- ‘‘SEC. 20907. Notwithstanding section 101, $39,000,000 is rescinded. tions Act, 2006 (Public Law 109–108), under the level for ‘Department of Justice, United ‘‘SEC. 20921. Of the unobligated balances the heading ‘National Aeronautics and Space States Attorneys, Salaries and Expenses’ available under the heading ‘Department of Administration, Administrative Provisions’, shall be $1,645,613,000. Justice, Violent Crime Reduction Trust the paragraph beginning ‘Funding made ‘‘SEC. 20908. Notwithstanding section 101, Fund’, $8,000,000 is rescinded. available under’ and all that follows through the level for ‘Department of Justice, Admin- ‘‘SEC. 20922. Of the unobligated balances ‘conference report for this Act.’ shall not istrative Review and Appeals’ shall be available under the heading ‘Department of apply to funds appropriated by this division. $228,066,000. Justice, Legal Activities, Assets Forfeiture ‘‘SEC. 20933. Title VIII of the Departments ‘‘SEC. 20909. Notwithstanding section 101, Fund’, $170,000,000 shall be rescinded not of Commerce, Justice, and State, the Judici- the level for ‘Department of Justice, General later than September 30, 2007. ary, and Related Agencies Appropriations Legal Activities, Salaries and Expenses’ ‘‘SEC. 20923. Of the unobligated balances Act, 2005 (Public Law 108–447, division B) is shall be $672,609,000. available from prior year appropriations amended by striking ‘fiscal years 2005 and ‘‘SEC. 20910. Notwithstanding section 101, under any ‘Department of Justice, Office of 2006’ each place it appears and inserting ‘fis- the level for ‘Department of Justice, Federal Justice Programs’ account, $109,000,000 shall cal years 2005, 2006, and 2007’. Prison System, Buildings and Facilities’ be rescinded, of which no more than ‘‘SEC. 20934. Notwithstanding section 101, shall be $432,290,000. $31,000,000 shall be rescinded from ‘Depart- the level for ‘Department of Commerce, ‘‘SEC. 20911. Notwithstanding section 101, ment of Justice, Office of Justice Programs, United States Patent and Trademark Office, the level for ‘Bureau of the Census, Periodic Community Oriented Policing Services’, not Salaries and Expenses’ shall be $1,771,000,000, Censuses and Programs’ shall be $511,603,000 later than September 30, 2007: Provided, That to remain available until expended: Provided, for necessary expenses related to the 2010 de- funds made available for ‘Department of Jus- That the sum herein appropriated from the cennial census and $182,489,000 for expenses tice, Office of Justice Programs, Community general fund shall be reduced as offsetting to collect and publish statistics for other Oriented Policing Services’ program man- collections assessed and collected pursuant periodic censuses and programs provided for agement and administration shall not be re- to section 1113 of title 15 of the United States by law. duced due to such rescission. Code, and sections 41 and 376 of title 35 of the ‘‘SEC. 20912. Notwithstanding section 101, ‘‘SEC. 20924. Of the unobligated balances United States Code, are received during fis- the level for ‘Department of Commerce, available under the heading ‘Department of cal year 2007, so as to result in a fiscal year Science and Technology, Technology Admin- Commerce, National Oceanic and Atmos- 2007 appropriation from the general fund es- istration, Salaries and Expenses’ shall be pheric Administration’, $25,000,000 is re- timated at $0: Provided further, That during $2,000,000. scinded. fiscal year 2007, should the total amount of ‘‘SEC. 20913. Notwithstanding section 101, ‘‘SEC. 20925. Of the unobligated balances offsetting fee collections be less than the level for the following accounts of the available under the heading ‘Department of $1,771,000,000, this amount shall be reduced National Institute of Standards and Tech- Commerce, National Institute of Standards accordingly. nology shall be as follows: ‘Scientific and and Technology, Industrial Technology Serv- ‘‘SEC. 20935. Funds appropriated by section Technical Research and Services’, ices’, $7,000,000 is rescinded. 101 of this division for International Space $432,762,000; and ‘Construction of Research ‘‘SEC. 20926. The third proviso under the Station Cargo Crew Services/International Facilities’, $58,651,000. heading ‘Department of Justice, Legal Ac- Partner Purchases and International Space ‘‘SEC. 20914. Notwithstanding section 101 tivities, Salaries and Expenses, United Station/Multi-User System Support within under ‘National Oceanic and Atmospheric States Attorneys’, of the Science, State, Jus- the National Aeronautics and Space Admin- Administration, Operations, Research, and tice, Commerce and Related Agencies Appro- istration may be obligated in the account Facilities’, $79,000,000 shall be derived by priations Act, 2006 (Public Law 109–108) shall and budget structure set forth in the perti- transfer from the fund entitled ‘Promote and not apply to funds appropriated by this divi- nent Act specified in section 101(a)(8). Develop Fishery Products and Research Per- sion. ‘‘SEC. 20936. The matter pertaining to para- taining to American Fisheries’. ‘‘SEC. 20927. The first through third pro- graph (1)(B) under the heading ‘Department ‘‘SEC. 20915. Notwithstanding section 101, visos under the heading ‘Department of Jus- of Justice, Office of Justice Programs, State the level for the following accounts of the tice, Federal Bureau of Investigation, Con- and Local Law Enforcement Assistance’ of National Aeronautics and Space Administra- struction’ of the Science, State, Justice, the Science, State, Justice, Commerce and tion shall be as follows: ‘Science, Aero- Commerce and Related Agencies Appropria- Related Agencies Appropriations Act, 2006 nautics and Exploration’, $10,075,000,000, of tions Act, 2006 (Public Law 109–108) shall not shall not apply to funds appropriated by this which $5,251,200,000 shall be for science, apply to funds appropriated by this division. division. $890,400,000 shall be for aeronautics research, ‘‘SEC. 20928. The tenth through twelfth pro- ‘‘SEC. 20937. The Science, State, Justice, $3,401,600,000 shall be for exploration sys- visos under the heading ‘Department of Jus- Commerce, and Related Agencies Appropria- tems, and $531,800,000 shall be for cross-agen- tice, Bureau of Alcohol, Tobacco, Firearms tions Act, 2006 (Public Law 109–108), under cy support programs; ‘Exploration Capabili- and Explosives, Salaries and Expenses’ of the the heading ‘National Aeronautics and Space ties’, $6,140,000,000; and ‘Office of Inspector Science, State, Justice, Commerce and Re- Administration, Science, Aeronautics and General’, $32,000,000. lated Agencies Appropriations Act, 2006 Exploration’ is amended by striking ‘, of ‘‘SEC. 20916. Notwithstanding section 101, (Public Law 109–108) shall not apply to funds which amounts’ and all that follows through the level for ‘National Science Foundation, appropriated by this division. ‘as amended by Public Law 106–377’. Research and Related Activities’ shall be ‘‘SEC. 20929. The matter pertaining to the ‘‘SEC. 20938. The Science, State, Justice, $4,665,950,000, of which not to exceed National District Attorneys Association in Commerce, and Related Agencies Appropria- $485,000,000 shall remain available until ex- paragraph (12) under the heading ‘Depart- tions Act, 2006 (Public Law 109–108), under

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.014 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1083 the heading ‘National Aeronautics and Space propriation for purposes of section 6(b) of the and certification activities; not to exceed Administration, Exploration Capabilities’ is Securities Act of 1933 (15 U.S.C. 77f(b)) and $11,641,000 shall be available for commercial amended by striking ‘, of which amounts’ sections 13(e), 14(g), and 31(k) of the Securi- space transportation activities; not to ex- and all that follows through ‘as amended by ties Exchange Act of 1934 (15 U.S.C. 78m(e), ceed $76,175,000 shall be available for finan- Public Law 106–377’. 78n(g), and 78ee(k)). cial services activities; not to exceed ‘‘SEC. 20939. Notwithstanding section 101, ‘‘SEC. 20946. Section 302 of the Universal $85,313,000 shall be available for human re- or any other provision of law, no funds shall Service Antideficiency Temporary Suspen- sources program activities; not to exceed be used to implement any Reduction in sion Act (Public Law 108–494; 118 Stat. 3998) $275,156,000 shall be available for region and Force or other involuntary separations (ex- is amended by striking ‘December 31, 2006,’ center operations and regional coordination cept for cause) by the National Aeronautics each place it appears and inserting ‘Decem- activities; not to exceed $144,617,000 shall be and Space Administration prior to Sep- ber 31, 2007,’. available for staff offices; and not to exceed tember 30, 2007. ‘‘SEC. 20947. Notwithstanding section 101, $35,907,000 shall be available for information ‘‘SEC. 20940. Any terms, conditions, uses, or the level for ‘Small Business Administra- services. authorities put into effect, available, or ex- tion, Salaries and Expenses’ shall be ‘‘SEC. 21006. Notwithstanding section 101, ercised pursuant to the reprogramming noti- $326,733,000, and section 613 of the Science, the level for ‘Federal Aviation Administra- fication dated August 10, 2006, relating to the State, Justice, Commerce, and Related tion, Research, Engineering, and Develop- Department of Justice with respect to the Agencies Appropriations Act, 2006 (Public ment (Airport and Airway Trust Fund)’ shall Office of Justice Programs, the Office of Law 109–108; 119 Stat. 2336) shall not apply to be $130,000,000. Community Oriented Policing Services, or such funds. ‘‘SEC. 21007. Of the amounts provided by the Office on Violence Against Women are ‘‘SEC. 20948. Notwithstanding section 101, section 101 for limitation on obligations hereby made applicable, available, and effec- the level for ‘Small Business Administra- under ‘Federal Aviation Administration, tive with respect to Fiscal Year 2007 appro- tion, Disaster Loans Program Account’ shall Grants-in-Aid for Airports (Liquidation of priations for those Offices. be $113,850,000, to remain available until ex- Contract Authorization) (Limitation on Ob- ‘‘SEC. 20941. Section 824(g) of the Foreign pended, which shall be for administrative ex- ligations) (Airport and Airway Trust Fund)’, Service Act of 1980 (22 U.S.C. 4064(g)) is penses to carry out the direct loan program not to exceed $74,971,000 shall be obligated amended— authorized by section 7(b) of the Small Busi- for administrative expenses; up to $17,870,000 ‘‘(1) in paragraph (1)— ness Act, of which $112,365,000 may be trans- shall be available for airport technology re- ‘‘(A) in the matter preceding subparagraph ferred to and merged with ‘Small Business search, to remain available until expended; (A), by striking ‘To facilitate’ and all that Administration, Salaries and Expenses’, and not less than $10,000,000 shall be for airport follows through ‘the Secretary’ and inserting of which $1,485,000 is for the Office of Inspec- cooperative research; and $10,000,000 shall be ‘The Secretary’; and tor General of the Small Business Adminis- available and transferred to ‘Office of the ‘‘(B) in subparagraph (B), by striking ‘if’ tration for audits and reviews of disaster Secretary, Salaries and Expenses’ to admin- and inserting ‘to facilitate the assignment of loans and the disaster loan program and ister the small community air service devel- persons to Iraq and Afghanistan or to posts shall be transferred to and merged with ap- opment program to remain available until vacated by members of the Service assigned propriations for the Office of Inspector Gen- expended. to Iraq and Afghanistan, if’; eral. ‘‘SEC. 21008. Notwithstanding section 101, ‘‘(2) in paragraph (2), by striking ‘subpara- ‘‘SEC. 20949. Of the unobligated balances the level for liquidation of contract author- graphs (A) or (B) of such paragraph’ and in- available under the heading ‘Small Business ization under ‘Federal Aviation Administra- serting ‘such subparagraph’; and Administration, Salaries and Expenses’, tion, Grants-in-Aid for Airports (Liquidation ‘‘(3) in paragraph (3), by striking ‘para- $6,100,000 is rescinded. of Contract Authorization) (Limitation on graph (1)’ and inserting ‘paragraph (1)(B)’. ‘‘SEC. 20950. Of the unobligated balances Obligations) (Airport and Airway Trust ‘‘SEC. 20942. Notwithstanding section 101, available under the heading ‘Small Business Fund)’ shall be $4,399,000,000. the level for each of the following accounts Administration, Business Loans Program ‘‘SEC. 21009. Of the amounts authorized for and activities shall be $0: ‘Department of Account’, $5,000,000 is rescinded. the fiscal year ending September 30, 2007, and State, Administration of Foreign Affairs, ‘‘SEC. 20951. Of the unobligated balances prior years under sections 48103 and 48112 of Centralized Information Technology Mod- available under the heading ‘Small Business title 49, United States Code, $621,000,000 is re- ernization Program’; and the grant to the Administration, Disaster Loans Program Ac- scinded. Center for Middle Eastern-Western Dialogue count’, $2,300,000 is rescinded. ‘‘SEC. 21010. Notwithstanding section 101, Trust Fund made available in the Science, the level for ‘Federal Highway Administra- State, Justice, Commerce, and Related ‘‘CHAPTER 10—TRANSPORTATION, TREAS- tion, Federal-Aid Highways (Limitation on Agencies Appropriations Act, 2006 (Public URY, HOUSING AND URBAN DEVELOP- Obligations) (Highway Trust Fund)’ shall be Law 109–108) under the heading ‘Department MENT, THE JUDICIARY, THE DISTRICT $39,086,464,683. of State, Other, Center for Middle Eastern- OF COLUMBIA, AND INDEPENDENT ‘‘SEC. 21011. Notwithstanding section 101, Western Dialogue Trust Fund’. AGENCIES sections 110, 112, and 113 of division A of Pub- ‘‘SEC. 20943. Notwithstanding section 101, ‘‘SEC. 21001. Of the amounts provided by lic Law 109–115 shall not apply to fiscal year the level for each of the following accounts section 101 for ‘Department of Transpor- 2007. shall be as follows: ‘Department of State, tation, Office of the Secretary, Transpor- ‘‘SEC. 21012. Funds appropriated under this Administration of Foreign Affairs, Edu- tation, Planning, Research, and Develop- division pursuant to section 1069(y) of Public cational and Cultural Exchange Programs’, ment’, for activities of the Department of Law 102–240 shall be distributed in accord- $445,275,000; ‘Department of State, Adminis- Transportation, up to $9,900,000 may be made ance with the formula set forth in section tration of Foreign Affairs, Emergencies in available for the purpose of agency facility 1116(a) of Public Law 109–59. the Diplomatic and Consular Service’, improvements and associated administrative ‘‘SEC. 21013. Notwithstanding section 101, $4,940,000; ‘Department of State, Administra- costs as determined necessary by the Sec- the level for the limitation on obligations tion of Foreign Affairs, Payment to the retary. and transfer of contract authority for ‘Na- American Institute in Taiwan’, $15,826,000; ‘‘SEC. 21002. (a) Section 44302(f)(1) of title tional Highway Traffic Safety Administra- ‘Department of State, International Organi- 49, United States Code, shall be applied by tion, Operations and Research (Highway zations, Contributions for International substituting the date specified in section 106 Trust Fund) (Including Transfer of Funds)’ Peacekeeping Activities’, $1,135,275,000; ‘Re- of this division for ‘August 31, 2006, and may shall be $121,232,430: Provided, That notwith- lated Agency, Broadcasting Board of Gov- extend through December 31, 2006’. standing any other provision of law, when- ernors, International Broadcasting Oper- ‘‘(b) Section 44303(b) of title 49, United ever an allocation is made of the sums au- ations’, $636,387,000; ‘Related Agency, Broad- States Code, shall be applied by substituting thorized to be appropriated for expenditure casting Board of Governors, Broadcasting the date specified in section 106 of this divi- on the Federal lands highway program, and Capital Improvements’, $7,624,000; and ‘Re- sion for ‘December 31, 2006’. whenever an apportionment is made of the lated Agencies, Commission on International ‘‘SEC. 21003. Of the funds made available sums authorized to be appropriated for the Religious Freedom, Salaries and Expenses’, under section 101(a)(2) of Public Law 107–42, surface transportation program, the conges- $3,000,000. $50,000,000 is rescinded. tion mitigation and air quality improvement ‘‘SEC. 20944. Notwithstanding any other ‘‘SEC. 21004. Notwithstanding section 101, program, the National Highway System, the provision of this division, the fourth proviso no funds are provided by this division for ac- Interstate maintenance program, the bridge under the heading ‘Department of State, Ad- tivities or reimbursements described in sec- program, the Appalachian development high- ministration of Foreign Affairs, Diplomatic tion 185 of Public Law 109–115. way system, and the equity bonus program, and Consular Programs’ in the Science, ‘‘SEC. 21005. Notwithstanding section 101, the Secretary of Transportation shall deduct State, Justice, Commerce, and Related Ap- the level for ‘Federal Aviation Administra- from all sums so authorized such sums as propriations Act, 2006 (Public Law 109–108) tion, Operations’ shall be $8,330,750,000, of may be necessary to fund this section: Pro- and section 406 of such Act shall not apply to which $5,627,900,000 shall be derived from the vided further, That funds made available funds appropriated by this division. Airport and Airway Trust Fund, of which no under this section shall be transferred by the ‘‘SEC. 20945. The appropriation to the Secu- less than $6,704,223,000 shall be for air traffic Secretary of Transportation to and adminis- rities and Exchange Commission pursuant to organization activities; no less than tered by the National Highway Traffic Safe- this division shall be deemed a regular ap- $997,718,000 shall be for aviation regulation ty Administration: Provided further, That the

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Federal share payable on account of any pro- for ‘Federal Railroad Administration, Alaska ‘‘SEC. 21033. Notwithstanding section 101, gram, project, or activity carried out with Railroad Rehabilitation’. the level for ‘Department of Housing and funds made available under this section shall ‘‘SEC. 21021. Notwithstanding section 101 Urban Development, Public and Indian Hous- be 100 percent: Provided further, That the sum and section 111, the level for each of the fol- ing, Tenant-Based Rental Assistance’ shall deducted in accordance with this section lowing accounts under the heading ‘Federal be $15,920,000,000, to remain available until shall remain available until expended: Pro- Transit Administration’ shall be as follows: expended, of which $11,727,000,000 shall be vided further, That all funds made available ‘Administrative Expenses’, $85,000,000; ‘Re- available on October 1, 2006, and notwith- under this section shall be subject to any search and University Research Centers’, standing section 109, $4,193,000,000 shall be limitation on obligations for Federal-aid $61,000,000; and ‘Capital Investment Grants’, available on October 1, 2007: Provided, That highways and highway safety construction $1,566,000,000. paragraph (1) under such heading in Public programs set forth in this division or any ‘‘SEC. 21022. Notwithstanding section 101, Law 109-115 (119 Stat. 2440) shall not apply to other Act: Provided further, That the obliga- the level for the liquidation of contract au- funds appropriated by this division: Provided tion limitation made available for the pro- thorizations for ‘Federal Transit Adminis- further, That of the amounts available for grams, projects, and activities for which tration, Formula and Bus Grants (Liquida- such heading, $14,436,200,000 shall be for re- funds are made available under this section tion of Contract Authorization)’ available newals of expiring section 8 tenant-based an- shall remain available until used and shall for payment of obligations incurred in car- nual contributions contracts (including re- be in addition to the amount of any limita- rying out the provisions of sections 5305, newals of enhanced vouchers under any pro- tion imposed on obligations for Federal-aid 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, vision of law authorizing such assistance highway and highway safety construction 5339, and 5340 of title 49, United States Code, under section 8(t) of the United States Hous- programs for future fiscal years: Provided and section 3038 of Public Law 105–178 shall ing Act of 1937, as amended (42 U.S.C. 1437 et further, That, notwithstanding any other be $4,660,000,000, to be derived from the Mass seq.) (‘the Act’ herein)): Provided further, provision of law, prior to making any dis- Transit Account of the Highway Trust Fund That notwithstanding any other provision of tribution of obligation limitation for the and to remain available until expended. law, from amounts provided under the sec- Federal-aid highway program under section ‘‘SEC. 21023. Notwithstanding section 101, ond proviso under this section the Secretary 1102 of Public Law 109–59 for fiscal year 2007, the level for the limitation on obligations shall, for the calendar year 2007 funding the Secretary of Transportation shall not for ‘Federal Transit Administration, For- cycle, provide renewal funding for each pub- distribute from such limitation amounts pro- mula and Bus Grants (Liquidation of Con- lic housing agency based on voucher manage- vided under this section: Provided further, tract Authorization) (Limitation on Obliga- ment system (VMS) leasing and cost data for That, notwithstanding any other provision tions) (Including Transfer of Funds)’ shall be the most recently completed period of 12 of law, in allocating funds for the equity $7,262,775,000: Provided, That no funds made consecutive months for which the Secretary bonus program under section 105 of title 23, available to modernize fixed guideway sys- determines the data is verifiable and com- United States Code, for fiscal year 2007, the tems shall be transferred to ‘Capital Invest- plete, prior to prorations, and by applying Secretary of Transportation shall make the ment Grants’. the 2007 Annual Adjustment Factor as estab- required calculations under that section as if ‘‘SEC. 21024. Notwithstanding any other lished by the Secretary, and by making any this section had not been enacted. provision of law, funds appropriated or lim- necessary adjustments for the costs associ- ‘‘SEC. 21014. Of the unobligated balances of ited under this division and made available ated with the first-time renewal of tenant funds apportioned to each State under chap- to carry out the new fixed guideway program protection or HOPE VI vouchers or vouchers ter 1 of title 23, United States Code, of the Federal Transit Administration shall that were not in use during the 12-month pe- $3,471,582,000 is rescinded: Provided, That be allocated at the discretion of the Admin- riod in order to be available to meet a com- such rescission shall not apply to the funds istrator of the Federal Transit Administra- mitment pursuant to section 8(o)(13) of the distributed in accordance with sections 130(f) tion for projects authorized under sub- Act: Provided further, That the Secretary and 104(b)(5) of title 23, United States Code; sections (a) through (c) of section 3043 of shall, to the extent necessary to stay within sections 133(d)(1) and 163 of such title, as in Public Law 109–59 and for activities author- the amount provided under the second pro- effect on the day before the date of enact- ized under section 5309 of title 49, United viso under this section, pro rate each public ment of Public Law 109–59; and the first sen- States Code. housing agency’s allocation otherwise estab- ‘‘SEC. 21025. Notwithstanding section 101, tence of section 133(d)(3)(A) of such title. lished pursuant to this section: Provided fur- the level for ‘Maritime Administration, Op- ‘‘SEC. 21015. Notwithstanding section 101 ther, That except as provided in the following erations and Training’ shall be $111,127,000. and section 111, the level for each of the fol- proviso, the entire amount provided under ‘‘SEC. 21026. Of the unobligated balances lowing accounts under the heading ‘Federal the second proviso under this section shall under the heading ‘Maritime Administra- Motor Carrier Safety Administration’ shall be obligated to the public housing agencies tion, National Defense Tank Vessel Con- be as follows: ‘Motor Carrier Safety Oper- based on the allocation and pro rata method struction Program’, $74,400,000 is rescinded. ations and Programs (Liquidation of Con- described above: Provided further, That public ‘‘SEC. 21027. Of the unobligated balances tract Authorization) (Limitation on Obliga- housing agencies participating in the Moving tions) (Highway Trust Fund)’, $223,000,000; under the heading ‘Maritime Administra- tion, Ship Construction’, $2,000,000 is re- to Work demonstration shall be funded pur- and ‘Motor Carrier Safety Grants (Liquida- suant to their Moving to Work agreements tion of Contract Authorization) (Limitation scinded. ‘‘SEC. 21028. Notwithstanding section 101, and shall be subject to the same pro rata ad- on Obligations) (Highway Trust Fund)’, justments under the previous proviso: Pro- $294,000,000. the level for each of the following accounts under the heading ‘Pipeline and Hazardous vided further, That from amounts provided ‘‘SEC. 21016. Notwithstanding section 101 under the second proviso of this section up and section 111, the level for each of the fol- Materials Safety Administration’ shall be as follows: ‘Administrative Expenses’, to $100,000,000 shall be available only: (1) for lowing accounts under the heading ‘National adjustments for public housing agencies that Highway Traffic Safety Administration’ $18,000,000; ‘Hazardous Materials Safety’, $26,663,000; and ‘Pipeline Safety (Pipeline experienced a significant increase, as deter- shall be as follows: ‘Operations and Research mined by the Secretary, in renewal costs re- (Liquidation of Contract Authorization) Safety Fund) (Oil Spill Liability Trust sulting from unforeseen circumstances or (Limitation on Obligations) (Highway Trust Fund)’, $74,832,000, of which $14,850,000 shall from the portability under section 8(r) of the Fund)’, $107,750,000; ‘National Driver Register be derived from the Oil Spill Liability Trust Act of tenant-based rental assistance; and (2) (Liquidation of Contract Authorization) Fund and shall remain available until Sep- for adjustments for public housing agencies (Limitation on Obligations) (Highway Trust tember 30, 2009, of which $59,982,000 shall be that could experience a significant decrease Fund)’, $4,000,000; and ‘Highway Traffic Safe- derived from the Pipeline Safety Fund, of in voucher funding that could result in the ty Grants (Liquidation of Contract Author- which $24,000,000 shall remain available until risk of loss of voucher units due to the shift ization) (Limitation on Obligations) (High- September 30, 2009. to using VMS data based on a 12-month pe- way Trust Fund)’, $587,750,000. ‘‘SEC. 21029. Notwithstanding section 101, ‘‘SEC. 21017. Notwithstanding section 101, the level for ‘Research and Innovative Tech- riod: Provided further, That none of the funds the level for ‘Federal Railroad Administra- nology Administration, Research and Devel- provided under the second proviso of this tion, Safety and Operations’ shall be opment’ shall be $7,716,260, of which $2,000,000 section may be used to support a total num- $149,570,000. shall be for the air transportation statistics ber of unit months under lease which exceeds ‘‘SEC. 21018. Notwithstanding section 101, program. a public housing agency’s authorized level of the level for ‘Federal Railroad Administra- ‘‘SEC. 21030. Notwithstanding section 101, units under contract. tion, Railroad Research and Development’ the level for ‘Department of Transportation, ‘‘SEC. 21034. Notwithstanding section 101, shall be $34,524,000. Office of Inspector General, Salaries and Ex- the level for each of the following accounts ‘‘SEC. 21019. Notwithstanding section 101, penses’ shall be $63,643,000. for Public and Indian Housing of the Depart- the level for ‘Federal Railroad Administra- ‘‘SEC. 21031. Notwithstanding section 101, ment of Housing and Urban Development tion, Efficiency Incentive Grants to the Na- the level for the ‘National Transportation shall be as follows: ‘Project-Based Rental As- tional Railroad Passenger Corporation’ shall Safety Board, Salaries and Expenses’ shall be sistance’, $5,976,417,000, of which $5,829,303,000 be $31,300,000 and section 135 of division A of $78,854,000. shall be for activities specified in paragraph Public Law 109–115 shall not apply to fiscal ‘‘SEC. 21032. Of the available unobligated (1) under such heading in Public Law 109–115 year 2007. balances made available to the ‘National (119 Stat. 2442); ‘Public Housing Operating ‘‘SEC. 21020. Notwithstanding section 101, Transportation Safety Board’ under Public Fund’, $3,864,000,000; and ‘Indian Housing no funds are appropriated under this division Law 106–246, $1,000,000 is rescinded. Loan Guarantee Fund Program Account’,

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.015 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1085 $6,000,000: Provided, That such funds are (42 U.S.C. 11311 et seq.) shall continue in ef- ‘Enforcement’, $4,708,440,879; ‘Operations available to subsidize total loan principal, fect, notwithstanding section 209 of such Support’, $3,461,204,720; ‘Health Insurance any part of which is to be guaranteed, not to Act, through the earlier of (1) the date speci- Tax Credit Administration’, $14,846,000; and exceed $251,000,000. fied in section 106 of this division, or (2) the ‘Business Systems Modernization’, ‘‘SEC. 21035. Of the unobligated balances, date of the enactment into law of an author- $212,310,000. including recaptures and carryover, remain- ization Act relating to the McKinney-Vento ‘‘SEC. 21051. Funds appropriated by section ing from funds appropriated under the head- Homeless Assistance Act. 101 of this division for the Internal Revenue ings referred to under the heading ‘Depart- ‘‘SEC. 21043. (a) Section 579 of the Multi- Service may be obligated in the account and ment of Housing and Urban Development, family Assisted Housing Reform and Afford- budget structure set forth in title II of H.R. Public and Indian Housing, Housing Certifi- ability Act of 1997 (42 U.S.C. 1437f note) is 5576 (109th Congress), as passed by the House cate Fund’ in Public Law 109–115 (119 Stat. amended— of Representatives. 2442) for fiscal year 2006 and prior years, ‘‘(1) in subsection (a)(1), by striking ‘Octo- ‘‘SEC. 21052. Funds for the Internal Rev- $1,650,000,000 is rescinded: Provided, That the ber 1, 2006’ and inserting ‘October 1, 2011’, enue Service for fiscal year 2007 under the provisions under such heading shall be ap- and ‘Taxpayer Services’, ‘Enforcement’, and ‘Op- plied to such rescission by substituting ‘Sep- ‘‘(2) in subsection (b), by striking ‘October erations Support’ accounts may be trans- tember 30, 2007’ for ‘September 30, 2006’ and 1, 2006’ and inserting ‘October 1, 2011’. ferred between the accounts and among ‘2007 funding cycle’ for ‘2006 funding cycle’. ‘‘(b) The repeal made by section 579(a)(1) of budget activities to the extent necessary to ‘‘SEC. 21036. None of the funds appropriated the Multifamily Assisted Housing Reform implement the restructuring of the Internal by this division may be used for the fol- and Affordability Act of 1997 shall be deemed Revenue Service accounts after notice of the lowing activities under the heading ‘Depart- not to have taken effect before the date of amount and purpose of the transfer is pro- ment of Housing and Urban Development, the enactment of the Revised Continuing Ap- vided to the Committees on Appropriations Public and Indian Housing’ in Public Law propriations Resolution, 2007, and subtitle A of the House of Representatives and Senate 109–115: the activities specified in the last of such Act shall be in effect as if no such re- and a period of 30 days has elapsed: Provided, three provisos under the heading ‘Public peal had been made before such date of en- That the limitation on transfers is 10 percent Housing Capital Fund’ (119 Stat. 2444); and actment. in fiscal year 2007. the first activity specified in the second pro- ‘‘SEC. 21044. Notwithstanding the limita- ‘‘SEC. 21053. Funds appropriated by this di- viso under the heading ‘Native American tion in the first sentence of section 255(g) of vision for ‘Internal Revenue Service, Busi- Housing Block Grants’ (119 Stat. 2445). the National Housing Act (12 U.S.C. 1715z– ness Systems Modernization’ are available ‘‘SEC. 21037. Notwithstanding section 101, 20(g)), the Secretary of Housing and Urban for obligation without the prior approval of the level for each of the following accounts Development may, until the date specified in the Committees on Appropriations of the for Community Planning and Development section 106 of this division, insure and enter House of Representatives and the Senate for of the Department of Housing and Urban De- into commitments to insure mortgages employee salaries and expenses. ‘‘SEC. 21054. (a) Notwithstanding section velopment shall be as follows: ‘Community under section 255 of the National Housing 101, the level for ‘The Judiciary, Courts of Development Fund’, $3,771,900,000, of which Act (12 U.S.C. 1715z–20(g)). Appeals, District Courts, and Other Judicial $3,710,916,000 shall be for carrying out the ‘‘SEC. 21045. Section 24 of the United States Services, Salaries and Expenses’ shall be community development block grant pro- Housing Act of 1937 (42 U.S.C. 1437v) is $4,498,130,000, of which $20,371,000 shall be gram under title I of the Housing and Com- amended— available for critically understaffed work- munity Development Act of 1974, as amend- ‘‘(1) in subsection (m)(1), by striking ‘2003’ load associated with immigration and other ed: Provided, That none of the funds made and inserting ‘2007’; and law enforcement needs. available by this section for such account ‘‘(2) in subsection (o), by striking ‘‘Sep- ‘‘(b) Notwithstanding section 402 of Public may be used for grants for the Economic De- tember 30, 2006’’ and inserting ‘‘September Law 109–115, of the amount provided by this velopment Initiative, neighborhood initia- 30, 2007’’. section, not to exceed $80,954,000 shall be ‘‘SEC. 21046. Section 710 of Public Law 109– tives, or YouthBuild program activities; available for transfer between accounts to 115 (119 Stat. 2491) shall be applied to funds ‘Self-Help and Assisted Homeownership Op- maintain fiscal year 2006 operating levels. portunity Program’, $49,390,000, of which appropriated by this division by substituting ‘‘SEC. 21055. Notwithstanding section 101, $19,800,000 shall be for the Self Help Home- ‘2007’ and ‘30 days’ for ‘2006’ and ‘60 days’, re- within the amount provided by this division ownership Opportunity Program as author- spectively. for ‘The Judiciary, Administrative Office of ized under section 11 of the Housing Oppor- ‘‘SEC. 21047. Section 711 of Public Law 109– the United States Courts, Salaries and Ex- tunity Program Extension Act of 1996, as 115 (119 Stat. 2492) shall be applied to funds penses’, $990,000 shall not be required for the amended, and $29,590,000 shall be made avail- appropriated by this division by substituting National Academy of Public Administration able through a competition for activities au- ‘2007’ for ‘2006’ each place it appears, and by for a review of the financial and manage- thorized by section 4 of the HUD Demonstra- substituting ‘September 30, 2008’ for ‘Sep- ment procedures of the Federal Judiciary. tion Act of 1993 (42 U.S.C. 9816 note); and tember 30, 2007’. ‘‘SEC. 21056. Section 203(c) of the Judicial ‘Homeless Assistance Grants’, $1,441,600,000. ‘‘SEC. 21048. Notwithstanding section 101, Improvements Act of 1990 (Public Law 101– ‘‘SEC. 21038. None of the funds appropriated the level for ‘Department of the Treasury, 650; 28 U.S.C. 133 note), is amended— by this division may be used for activities Departmental Offices, Salaries and Expenses’ ‘‘(1) in the second sentence, by inserting specified in the first proviso under the head- shall be $215,167,000, of which not less than ‘the district of Kansas,’ after ‘Except with ing ‘Department of Housing and Urban De- $23,826,000 shall be for the following increases respect to’; and velopment, Housing Programs, Housing for for the following activities: $9,352,000 to ex- ‘‘(2) by inserting after the second sentence the Elderly’ in Public Law 109–115 (119 Stat. pand the overseas presence of the Depart- the following: ‘The first vacancy in the office 2452). ment of the Treasury; $3,761,000 for intel- of district judge in the district of Kansas oc- ‘‘SEC. 21039. The first proviso in the first ligence analysts; $1,000,000 for additional se- curring 16 years or more after the confirma- paragraph under the heading ‘Department of cure workspace for intelligence analysts; tion date of the judge named to fill the tem- Housing and Urban Development, Federal $2,050,000 to support the Department of the porary judgeship created for such district Housing Administration, General and Spe- Treasury’s participation as co-lead agency in under this subsection, shall not be filled.’. cial Risk Program Account’ in Public Law the Iraq Threat Finance Cell; $1,483,000 to ‘‘SEC. 21057. (a) Notwithstanding section 109–115 (119 Stat. 2454) shall be applied in fis- support economic sanctions efforts against 101, the level for ‘Office of National Drug cal year 2007 by substituting ‘‘$45,000,000,000’’ terrorist networks; $946,000 to support eco- Control Policy, Counterdrug Technology As- for ‘‘$35,000,000,000’’. nomic sanctions efforts against proliferators sessment Center’ shall be $20,000,000, which ‘‘SEC. 21040. Notwithstanding section 101, of Weapons of Mass Destruction; $542,000 for shall remain available until, and obligated the level for ‘Department of Housing and General Counsel support of the Office of Ter- and expended by, September 30, 2008, con- Urban Development, Policy Development rorism and Financial Intelligence; $492,000 sisting of $10,000,000 for counternarcotics re- and Research, Research and Technology’ for Chief Counsel support of the Office of search and development projects, of which up shall be $50,087,000: Provided, That none of Foreign Assets Control; and $4,200,000 to re- to $1,000,000 is to be directed to supply reduc- the funds made available by this section for imburse the United States Secret Service for tion activities, and $10,000,000 for the contin- such account may be used for activities the security detail to the Secretary of the ued operation of the technology transfer pro- under the first four provisos under such Treasury. gram. heading in Public Law 109–115 (119 Stat. 2455). ‘‘SEC. 21049. Notwithstanding section 101, ‘‘(b) The Office of National Drug Control ‘‘SEC. 21041. Funds appropriated by this di- the level for ‘Department of the Treasury, Policy shall expend funds provided for vision for ‘Department of Housing and Urban Departmental Offices, Department-wide Sys- ‘Counterdrug Technology Assessment Cen- Development, Office of Lead Hazard Control, tems and Capital Investments Programs’ ter’ by Public Law 109–115 in accordance with Lead Hazard Reduction’ shall be made avail- shall be $30,268,000, of which not less than the Joint Explanatory Statement of the able without regard to the limitations that $6,100,000 shall be for an increase for the Committee of Conference for Public Law 109– are set forth after ‘needs’ in the second pro- Treasury Foreign Intelligence Network. 115 (House Report 109–307) within 60 days viso under such heading in Public Law 109– ‘‘SEC. 21050. Notwithstanding section 101, after the date of the enactment of this sec- 115 (119 Stat. 2457)’’. the level for each of the following accounts tion. ‘‘SEC. 21042. The provisions of title II of the of the Internal Revenue Service shall be as ‘‘(c) Funding for counternarcotics research McKinney-Vento Homeless Assistance Act follows: ‘Taxpayer Services’, $2,142,042,391; and development projects shall be available

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for transfer to other Federal departments or from the additional amount provided by ‘‘SEC. 21072. Notwithstanding section 101, agencies within 45 days after the date of the paragraph (2) of this subsection; the level for ‘United States Postal Service, enactment of this section. Any unexpended ‘‘(2) for an additional amount to be depos- Payment to the Postal Service Fund’ shall funds from previous fiscal years shall be ex- ited in the ‘General Services Administration, be $29,000,000; and, in addition, $6,915,000, pended in fiscal year 2007 to reinstate the de- Real Property Activities, Federal Buildings which shall not be available for obligation mand instrumentation program as in- Fund’, $89,061,000 is appropriated, out of any until October 1, 2007, and shall be in addition structed in the Joint Explanatory Statement money in the Treasury not otherwise appro- to amounts provided under section 109. of the Committee of Conference for Public priated; ‘‘SEC. 21073. (a) Notwithstanding section Law 109–115 (House Report 109–307). The Di- ‘‘(3) the Administrator of General Services 101, the level for ‘Federal Payment to the rector of the Office of National Drug Control is authorized to initiate design, construc- Court Services and Offender Supervision Policy shall submit to the Committees on tion, repair, alteration, leasing, and other Agency for the District of Columbia’, shall Appropriations of the House of Representa- projects through existing authorities of the be $209,594,000, of which $133,476,000 shall be tives and the Senate an accounting of fiscal Administrator: Provided, That the General for necessary expenses of the Community Su- year 2006 funds, including funds that are un- Services Administration shall submit a de- pervision and Sex Offender Registration, expended for fiscal year 2007. tailed plan, by project, regarding the use of $45,220,000 shall be available to the Pretrial ‘‘SEC. 21058. The structure of any of the of- funds to the Committees on Appropriations Services Agency, and $30,898,000 shall be fices or components within the Office of Na- of the House of Representatives and the Sen- transferred to the Public Defender Service of tional Drug Control Policy shall remain as ate within 30 days of enactment of this sec- the District of Columbia. they were on October 1, 2006, and none of the tion; and ‘‘(b) Notwithstanding section 101, the level funds appropriated or otherwise made avail- ‘‘(4) none of the funds appropriated or oth- for ‘Federal Payment to the Office of the able by this division may be used to imple- erwise made available in this division for the Chief Financial Officer of the District of Co- lumbia’ shall be $20,000,000, and shall be used ment a reorganization of offices within the ‘General Services Administration, Real only for upgrading and expanding public Office of National Drug Control Policy with- Property Activities, Federal Buildings Fund’ transportation capacity, in accordance with out the explicit approval of the Committees may be obligated for the Coast Guard con- an expenditure plan submitted by the Mayor on Appropriations of the House of Represent- solidation and development of St. Elizabeths of the District of Columbia not later than 60 atives and the Senate. campus in the District of Columbia. days after the enactment of this section ‘‘SEC. 21059. (a) Funds appropriated or oth- ‘‘SEC. 21064. Notwithstanding section 101, erwise made available by this division for the level for ‘Merit Systems Protection which details the activities to be carried out ‘Federal Drug Control Programs, High Inten- Board, Salaries and Expenses’ shall be with such Federal Payment. Such Federal sity Drug Trafficking Areas Program’ shall $35,814,000, together with not to exceed Payment may be applied to expenditures in- remain available until September 30, 2008. $2,579,000 for administrative expenses to ad- curred as of October 1, 2006. ‘‘(b) The Office of National Drug Control judicate retirement appeals to be transferred ‘‘(c) Notwithstanding section 101, any ap- Policy shall submit a plan to the Commit- from the Civil Service Retirement and Dis- propriation or funds made available to the tees on Appropriations of the House of Rep- ability Fund in amounts determined by the District of Columbia pursuant to this divi- resentatives and the Senate for the initial Merit Systems Protection Board. sion for ‘Federal Payment for School Im- High Intensity Drug Trafficking Areas allo- ‘‘SEC. 21065. Notwithstanding section 101, provement’ which are made available to ex- cation funding within 90 days after the date the level for ‘National Archives and Records pand quality public charter schools in the of the enactment of this section and the dis- Administration, Electronic Records Ar- District of Columbia shall remain available cretionary High Intensity Drug Trafficking chives’ shall be $45,214,000. until expended to the extent that the appro- Areas funding within 150 days after the date ‘‘SEC. 21066. (a) Notwithstanding section priation or funds are used for public charter of the enactment of this section. Within the 101, the level for ‘National Archives and school credit enhancement and direct loans. ‘‘(d) Notwithstanding section 101, no appro- discretionary funding amount, $2,000,000 Records Administration, Repairs and Res- priation or funds shall be made available to shall be available for new counties, not in- toration’ shall be $9,120,000. the District of Columbia pursuant to this di- cluding previously funded counties, with pri- ‘‘(b) Within the amount provided by this vision with respect to any of the following ority given to meritorious applicants who section, the following amounts shall not be items in the District of Columbia Appropria- have submitted applications previously and required: ‘‘(1) $1,485,000 for construction of a new re- tions Act, 2006 (Public Law 109–115; 119 Stat. have not been funded. 2508 et seq.): ‘‘SEC. 21060. Notwithstanding section 101, gional archives and records facility. ‘‘(1) The item relating to ‘Federal Payment the level for ‘Election Assistance Commis- ‘‘(2) $990,000 for repair and restoration of a for the National Guard Youth Challenge Pro- sion, Salaries and Expenses’ shall be plaza surrounding a presidential library. gram’. $16,236,000, of which $4,950,000 shall be trans- ‘‘SEC. 21067. (a) Notwithstanding section ‘‘(2) The item relating to ‘Federal Payment ferred to the National Institute of Standards 101, the level for ‘National Archives and for Marriage Development and Improve- and Technology for election reform activi- Records Administration, Operating Ex- ment’. ties authorized under the Help America Vote penses’ shall be $278,235,000. ‘‘(b) Within the amount provided by this ‘‘(e) Notwithstanding section 101, the level Act of 2002. section, $1,980,000 shall not be required for for ‘Federal Payment for Emergency Plan- ‘‘SEC. 21061. Notwithstanding section 101, the initial move of records, staffing, and op- ning and Security Costs in the District of the level for each of the following accounts erations of a presidential library. Columbia’ shall be $8,533,000. for the General Services Administration ‘‘SEC. 21068. Section 403(f) of Public Law ‘‘(f) Notwithstanding section 101, the level shall be as follows: ‘Operating Expenses’, 103–356 (31 U.S.C. 501 note) shall be applied by for ‘Defender Services in District of Colum- $82,975,000; and ‘Office of Inspector General’, substituting the date specified in section 106 bia Courts’ shall be $43,475,000. $52,312,000. of this division for ‘October 1, 2006’. ‘‘(g) Notwithstanding any other provision ‘‘SEC. 21062. Notwithstanding GSA Order ‘‘SEC. 21069. The text of section 405 of the of this division, except section 106, the Dis- ADM 5440 of December 21, 2006, the Office of Ethics in Government Act of 1978 (5 U.S.C. trict of Columbia may expend local funds for Governmentwide Policy and the Office of App.) is amended to read as follows: ‘There programs and activities under the heading Congressional and Intergovernmental Affairs are authorized to be appropriated to carry ‘District of Columbia Funds’ for such pro- shall continue to exist and operate sepa- out this title such sums as may be necessary grams and activities under title V of H.R. rately, and none of the funds appropriated or for fiscal year 2007’. 5576 (109th Congress), as passed by the House otherwise made available by this division or ‘‘SEC. 21070. Notwithstanding section 101, of Representatives, at the rate set forth any other Act may be used to establish or the level for ‘Office of Personnel Manage- under ‘District of Columbia Funds, Summary operate an Office of Congressional and Inter- ment, Salaries and Expenses’ shall be of Expenses’ as included in the Fiscal Year governmental Affairs and Governmentwide $111,095,000, of which $6,913,170 shall remain 2007 Proposed Budget and Financial Plan Policy or any combination thereof without available until expended for the Enterprise submitted to the Congress by the District of the explicit approval of the Committees on Human Resources Integration project and Columbia on June 5, 2006 as amended on Jan- Appropriations of the House of Representa- $1,435,500 shall remain available until ex- uary 16, 2007. tives and the Senate. pended for the Human Resources Line of ‘‘(h) Section 203(c) of the 2005 District of ‘‘SEC. 21063. Notwithstanding section 101— Business project; and in addition $112,017,000 Columbia Omnibus Authorization Act (Pub- ‘‘(1) the aggregate amount of new for administrative expenses, to be trans- lic Law 109–356; 120 Stat. 2038) is amended by obligational authority provided under the ferred from the appropriate trust funds of striking ‘6 months’ and inserting ‘1 year’. heading ‘General Services Administration, the Office of Personnel Management without ‘‘(i) Not later than 60 days after the enact- Real Property Activities, Federal Buildings regard to other statutes, including direct ment of this section, the Mayor of the Dis- Fund, Limitations on Availability of Rev- procurement of printed materials, for the re- trict of Columbia shall submit a plan for the enue’ for Federal buildings and courthouses tirement and insurance programs, of which expenditure of the funds made available to and other purposes of the Fund shall be $13,000,000 shall remain available until ex- the District of Columbia pursuant to this di- $7,598,426,000, including repayment of debt, of pended for the cost of automating the retire- vision to the Committees on Appropriations which not less than $280,872,000 shall be for ment recordkeeping systems. of the House of Representatives and the Sen- courthouse construction, and not less than ‘‘SEC. 21071. Notwithstanding section 101, ate. $96,539,000 shall be for border station con- the level for ‘Office of Special Counsel, Sala- ‘‘SEC. 21074. Within the amount provided by struction, and of which $89,061,000 shall be ries and Expenses’ shall be $15,407,000. this division for ‘Other Federal Drug Control

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Programs’, the following amount shall not RECORDED VOTE NOES—179 be required: $1,980,000 as a directed grant to Mr. OBEY. Mr. Speaker, I demand a Aderholt Frelinghuysen Nunes the Community Anti-Drug Coalitions of Akin Gallegly Pearce America for the National Community Anti- recorded vote. Bachmann Garrett (NJ) Pence Drug Coalition Institute, as authorized in A recorded vote was ordered. Bachus Gerlach Petri chapter 2 of the National Narcotics Leader- Baker Gillmor Pickering ship Act of 1988, as amended. Mr. PRICE of Georgia. I ask for a di- Barrett (SC) Gingrey Pitts Bartlett (MD) Gohmert ‘‘SEC. 21075. Within the amount provided by vision on that vote, Mr. Speaker. Platts Barton (TX) Goode Poe this division for ‘Other Federal Drug Control The SPEAKER pro tempore. A re- Biggert Goodlatte Programs’, $1,980,000 is provided, as author- Price (GA) corded vote has already been ordered. Bilbray Granger Pryce (OH) Bilirakis Graves ized, under the Drug-Free Communities Sup- The vote will proceed. Members will Putnam Bishop (UT) Hall (TX) port Program, for training, technical assist- Radanovich record their vote by electronic device. Blackburn Hayes ance, evaluation, research, and capacity Regula It will be a 15-minute vote. Blunt Heller building for coalitions. Rehberg Boehner Hensarling ‘‘SEC. 21076. Notwithstanding section 101, The vote was taken by electronic de- Bonner Herger Reichert no funds shall be appropriated or otherwise vice, and there were—ayes 222, noes 179, Bono Hobson Renzi made available by this division for the fol- not voting 33, as follows: Boozman Hoekstra Rogers (AL) lowing accounts of the Department of the Boustany Hulshof Rogers (KY) Treasury: ‘Air Transportation Stabilization [Roll No. 68] Brady (TX) Hunter Rogers (MI) Program Account’; and ‘Treasury Building Brown (SC) Inglis (SC) Rohrabacher AYES—222 Ros-Lehtinen and Annex Repair and Restoration’. Buchanan Jindal Allen Hare Obey Burgess Johnson (IL) Roskam ‘‘SEC. 21077. For purposes of this division, Altmire Harman Olver Burton (IN) Jones (NC) Royce section 206 of Public Law 109–115 shall not Andrews Hastings (FL) Pallone Calvert Jordan Ryan (WI) apply. Arcuri Herseth Pascrell Camp (MI) Keller Sali ‘‘SEC. 21078. (a) The Federal Election Com- Baca Hill Pastor Campbell (CA) King (IA) Saxton mission may charge and collect fees for at- Baird Hinchey Payne Cannon Kingston Schmidt tending or otherwise participating in a con- Baldwin Hinojosa Perlmutter Cantor Kirk Sensenbrenner ference sponsored by the Commission, and Barrow Hirono Peterson (MN) Capito Kline (MN) Sessions Carter Knollenberg notwithstanding section 3302 of title 31, Bean Hodes Pomeroy Shadegg Becerra Holden Porter Castle Kuhl (NY) Shays United States Code, any amounts received Chabot LaHood Berkley Holt Price (NC) Shimkus from such fees during a fiscal year shall be Coble Lamborn Berman Honda Rahall Shuster Cole (OK) Latham credited to and merged with the amounts ap- Berry Hooley Ramstad Smith (NE) Conaway Lewis (CA) propriated or otherwise made available to Bishop (GA) Hoyer Rangel Smith (NJ) Crenshaw Lewis (KY) the Commission during the year, and shall be Bishop (NY) Inslee Reyes Smith (TX) Blumenauer Israel Cubin Linder available for use during the year for the Rodriguez Souder Boren Issa Davis (KY) LoBiondo Stearns costs of sponsoring such conferences. Ross Davis, David Lucas Boswell Jackson (IL) Tancredo ‘‘(b) This section shall apply with respect Rothman Davis, Tom Lungren, Daniel Boucher Jackson-Lee Terry to fiscal year 2007 and each succeeding fiscal Roybal-Allard Deal (GA) E. Boyd (FL) (TX) Thornberry Ruppersberger Dent Mack year. Boyda (KS) Jefferson Tiahrt Ryan (OH) Diaz-Balart, L. Manzullo ‘‘CHAPTER 11—DEPARTMENT OF Brady (PA) Johnson (GA) Tiberi Braley (IA) Johnson, E. B. Salazar Diaz-Balart, M. Marchant ´ Turner HOMELAND SECURITY Brown, Corrine Kagen Sanchez, Linda Doolittle McCarthy (CA) Upton ‘‘SEC. 21101. Not to exceed $155,600,000 shall Capps Kanjorski T. Drake McCaul (TX) Walberg be transferred to ‘Department of Homeland Capuano Kaptur Sanchez, Loretta Dreier McCotter Sarbanes Walden (OR) Security, Transportation Security Adminis- Cardoza Kildee Duncan McHenry Schakowsky Walsh (NY) tration, Expenses’, to liquidate obligations Carnahan Kilpatrick Ehlers McHugh Schiff Emerson McKeon Wamp incurred against funds appropriated in fiscal Carson Kind Castor Klein (FL) Schwartz English (PA) McMorris Weldon (FL) years 2002 and 2003, of which $150,300,000 shall Chandler Kucinich Scott (GA) Everett Rodgers Weller be from unobligated balances currently Clarke Lampson Scott (VA) Fallin Mica Westmoreland available to the Transportation Security Ad- Clay Langevin Serrano Feeney Miller (FL) Whitfield ministration, $300,000 shall be from unobli- Cleaver Lantos Sestak Ferguson Miller (MI) Wicker gated balances currently available to the Of- Clyburn Larsen (WA) Shea-Porter Flake Miller, Gary Wilson (NM) Wilson (SC) fice of the Secretary and Executive Manage- Cohen Larson (CT) Sherman Forbes Moran (KS) Shuler Fortenberry Murphy, Tim Wolf ment, and $5,000,000 shall be from unobli- Conyers Lee Cooper Levin Simpson Foxx Musgrave Young (AK) gated balances currently available to the Costa Lewis (GA) Sires Franks (AZ) Neugebauer Young (FL) Under Secretary for Management: Provided, Costello Lipinski Skelton NOT VOTING—33 That the Transportation Security Adminis- Courtney Loebsack Slaughter tration shall not utilize any unobligated bal- Cramer Lofgren, Zoe Smith (WA) Abercrombie Fossella McDermott ances from the following programs: screener Crowley Lowey Snyder Ackerman Gilchrest Myrick partnership program; explosive detection Cuellar Lynch Solis Alexander Hastert Norwood system purchase; explosive detection system Cummings Mahoney (FL) Space Brown-Waite, Hastings (WA) Ortiz Davis (AL) Markey Ginny Higgins installation; checkpoint support; aviation Spratt Paul Davis (CA) Marshall Stupak Butterfield Johnson, Sam regulation and other enforcement; air cargo; Peterson (PA) Davis (IL) Matheson Sutton Buyer Jones (OH) Reynolds air cargo research and development; and op- Davis, Lincoln Matsui Tanner Carney Kennedy Rush DeFazio McCarthy (NY) Culberson King (NY) eration integration: Provided further, That of Tauscher Stark DeGette McCollum (MN) Davis, Jo Ann LaTourette the funds transferred, $2,000,000 shall be from Taylor Sullivan the ‘Secure Flight Program’; $100,000 shall be DeLauro McGovern Thompson (CA) Delahunt Maloney (NY) Dicks McIntyre from the ‘Immediate Office of the Deputy Thompson (MS) Farr McCrery Dingell McNerney Tierney Secretary’; $100,000 shall be from the ‘Office Doggett McNulty Towns of Legislative and Intergovernmental Af- Donnelly Meehan b 1258 Udall (CO) fairs’; $100,000 shall be from the ‘Office of Doyle Meek (FL) Udall (NM) Public Affairs’; and $5,000,000 shall be from Edwards Meeks (NY) Mrs. WILSON of New Mexico, Mr. Ellison Melancon Van Hollen ROHRABACHER and Mr. SALI ‘MAX–HR Human Resource System’. ´ Ellsworth Michaud Velazquez ‘‘This division may be cited as the ‘Con- Visclosky changed their vote from ‘‘aye’’ to ‘‘no.’’ tinuing Appropriations Resolution, 2007’.’’. Emanuel Millender- Mr. KUCINICH and Ms. MOORE of Engel McDonald Walz (MN) Mr. PRICE of Georgia. Mr. Speaker, I Eshoo Miller (NC) Wasserman Wisconsin changed their vote from Etheridge Miller, George Schultz ‘‘no’’ to ‘‘aye.’’ demand the question of consideration. Waters Fattah Mitchell So the question of consideration was The SPEAKER pro tempore (Mr. Filner Mollohan Watson DEFAZIO). The gentleman from Georgia Frank (MA) Moore (KS) Watt decided in the affirmative. demands the question of consideration. Giffords Moore (WI) Waxman The result of the vote was announced Gillibrand Moran (VA) Weiner as above recorded. Under clause 3 of rule XVI, the ques- Gonzalez Murphy (CT) Welch (VT) tion is: Will the House now consider Gordon Murphy, Patrick Wexler Mr. ISSA. Mr. Speaker, I move to re- the joint resolution? Green, Al Murtha Wilson (OH) consider the vote. The question was taken; and the Green, Gene Nadler Woolsey MOTION TO TABLE OFFERED BY MR. OBEY Grijalva Napolitano Wu Speaker pro tempore announced that Gutierrez Neal (MA) Wynn Mr. OBEY. Mr. Speaker, I move to the noes appeared to have it. Hall (NY) Oberstar Yarmuth table the motion.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.015 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1088 CONGRESSIONAL RECORD — HOUSE January 31, 2007 The SPEAKER pro tempore. The NOES—180 late that anti-earmark legislation. question is on the motion to table the Aderholt Garrett (NJ) Nunes Therefore, I rise to make a point of motion to reconsider. Akin Gerlach Pearce order against H.J. Res. 20, as title I, Bachmann Gillmor Pence section 101(a)(2), violates rule XXI, The question was taken; and the Baker Gingrey Petri Speaker pro tempore announced that Barrett (SC) Gohmert Pickering clause 9, of the House rules, stating, the ayes appeared to have it. Bartlett (MD) Goode Pitts ‘‘There shall be no Member-directed Barton (TX) Goodlatte Platts earmarks,’’ which this legislation does RECORDED VOTE Biggert Granger Porter Bilbray Graves Price (GA) possess. Mr. ISSA. Mr. Speaker, I demand a Bilirakis Hall (TX) Pryce (OH) The SPEAKER pro tempore. Does recorded vote. Bishop (UT) Hayes Putnam any Member wish to be heard? Blackburn Heller Radanovich The Chair recognizes the gentleman A recorded vote was ordered. Blunt Hensarling Ramstad from Wisconsin. Boehner Herger Regula The vote was taken by electronic de- Bonner Hobson Rehberg Mr. OBEY. Mr. Speaker, I would sim- vice, and there were—ayes 226, noes 180, Bono Hoekstra Reichert ply note that on page H988 of the CON- not voting 29, as follows: Boozman Hulshof Renzi GRESSIONAL RECORD there is listed the Boustany Hunter Rogers (AL) following statement: [Roll No. 69] Brady (TX) Inglis (SC) Rogers (KY) Brown (SC) Issa Rogers (MI) Under clause 9(a) of rule XXI, lists or AYES—226 Brown-Waite, Jindal Rohrabacher statements on congressional earmarks, Abercrombie Grijalva Neal (MA) Ginny Johnson (IL) Ros-Lehtinen limited tax benefits or limited tariff Ackerman Gutierrez Oberstar Buchanan Jones (NC) Roskam benefits are submitted as follows of- Allen Hall (NY) Obey Burgess Jordan Royce Altmire Hare Olver Calvert Keller Ryan (WI) fered by myself: H.J. Res. 20 making Andrews Harman Ortiz Camp (MI) King (IA) Sali further continuing appropriations for Arcuri Hastings (FL) Pallone Campbell (CA) Kingston Saxton fiscal year 2007, and for other purposes, Cannon Kirk Schmidt Baca Herseth Pascrell does not contain any congressional ear- Baird Hill Pastor Cantor Kline (MN) Sensenbrenner Baldwin Hinchey Payne Capito Knollenberg Sessions marks, limited tax benefits, or limited Barrow Hinojosa Pelosi Carter Kuhl (NY) Shadegg tariff benefits as defined in clause 9(d), Bean Hirono Perlmutter Castle LaHood Shays Chabot Latham Shimkus 9(e), or 9(f) of rule XXI. Becerra Hodes Peterson (MN) Mr. McHENRY. Will the gentleman Berkley Holden Pomeroy Coble LaTourette Shuster Berman Holt Price (NC) Cole (OK) Lewis (CA) Smith (NE) yield? Berry Honda Rahall Conaway Lewis (KY) Smith (NJ) Mr. OBEY. No. Bishop (GA) Hooley Rangel Crenshaw Linder Smith (TX) Mr. McHENRY. The gentleman will Bishop (NY) Hoyer Reyes Cubin LoBiondo Souder Davis (KY) Lucas Stearns not yield for the question. Blumenauer Inslee Rodriguez The SPEAKER pro tempore. On a Boren Israel Ross Davis, David Lungren, Daniel Sullivan Boswell Jackson (IL) Rothman Deal (GA) E. Tancredo point of order there is no yielding. The Dent Mack Boucher Jackson-Lee Roybal-Allard Taylor chair will hear each Member in turn. Diaz-Balart, L. Manzullo Terry Boyd (FL) (TX) Rush Diaz-Balart, M. Marchant Thornberry Does the gentleman from North Caro- Boyda (KS) Jefferson Ryan (OH) Doolittle McCarthy (CA) Tiahrt lina wish to be heard on his point of Brady (PA) Johnson (GA) Salazar Drake McCaul (TX) Tiberi Braley (IA) Johnson, E. B. Sa´ nchez, Linda order? Dreier McCotter Turner Brown, Corrine Kagen T. Mr. McHENRY. Yes. I wish to speak Duncan McCrery Upton Butterfield Kanjorski Sanchez, Loretta Ehlers McHenry Walberg further. Capps Kaptur Sarbanes Emerson McHugh Walden (OR) The SPEAKER pro tempore. The gen- Capuano Kennedy Schakowsky Everett McKeon Walsh (NY) Cardoza Kildee Schiff tleman is recognized. Fallin McMorris Wamp Carnahan Kilpatrick Schwartz Mr. McHENRY. Mr. Speaker, the gen- Carney Kind Feeney Rodgers Weldon (FL) Scott (GA) tleman is stating, simply because legis- Carson Klein (FL) Ferguson Mica Westmoreland Scott (VA) Castor Kucinich Flake Miller (FL) Whitfield lation states that there are no ear- Serrano Chandler Lampson Forbes Miller (MI) Wicker Sestak marks, that you can contain thousands Clarke Langevin Fortenberry Miller, Gary Wilson (NM) Shea-Porter of earmarks after that statement. It Clay Lantos Foxx Moran (KS) Wilson (SC) Sherman Cleaver Larsen (WA) Franks (AZ) Murphy, Tim Wolf defies logic and defies reason. Shuler Clyburn Larson (CT) Frelinghuysen Musgrave Young (AK) And, furthermore, your section ex- Simpson Cohen Lee Gallegly Neugebauer Young (FL) plaining that there shall be no congres- Sires Conyers Levin Skelton NOT VOTING—29 sional earmarks is further on in the Cooper Lewis (GA) Slaughter Costa Lipinski Alexander Giffords McDermott legislation. Therefore, it is not oper- Costello Loebsack Smith (WA) Bachus Gilchrest Myrick ational over the violation that I am Courtney Lofgren, Zoe Snyder Burton (IN) Hastert Norwood Solis stating in section 101. Therefore, under Cramer Lowey Buyer Hastings (WA) Paul Space the legislation here, it is not oper- Crowley Lynch Culberson Higgins Peterson (PA) Spratt Cuellar Mahoney (FL) Davis, Jo Ann Johnson, Sam Poe ational. Therefore, it is a very crafty Cummings Markey Stupak Davis, Tom Jones (OH) way, and I have got to compliment the Sutton Reynolds Davis (AL) Marshall English (PA) King (NY) Ruppersberger gentleman for putting together a very Tanner Farr Lamborn Davis (CA) Matheson Stark Davis (IL) Matsui Tauscher Fossella Maloney (NY) crafty piece of legislation to try to slip Davis, Lincoln McCarthy (NY) Thompson (CA) this by. But under these House rules, DeFazio McCollum (MN) Thompson (MS) b 1323 this is a clear violation of the anti-ear- Tierney DeGette McGovern Ms. SLAUGHTER and Mr. marking provision that is very impor- Delahunt McIntyre Towns DeLauro McNerney Udall (CO) HINOJOSA changed their vote from tant to the rules of debate, even when Dicks McNulty Udall (NM) ‘‘no’’ to ‘‘aye.’’ the minority is not able to offer any Dingell Meehan Van Hollen So the motion to table was agreed to. amendments, even when the minority Doggett Meek (FL) Vela´ zquez The result of the vote was announced Donnelly Meeks (NY) Visclosky has no other means of removing con- Doyle Melancon Walz (MN) as above recorded. gressional earmarks. Edwards Michaud Wasserman POINT OF ORDER The SPEAKER pro tempore. The gen- Ellison Millender- Schultz Mr. McHENRY. Mr. Speaker, I rise to tleman will restrict himself to the Ellsworth McDonald Waters Emanuel Miller (NC) Watson make a point of order. point of order. Engel Miller, George Watt The SPEAKER pro tempore (Mr. Mr. OBEY. Mr. Speaker, I ask for a Eshoo Mitchell Waxman DEFAZIO). The gentleman will state his ruling from the Chair. Etheridge Mollohan Weiner point of order. The SPEAKER pro tempore. Under Fattah Moore (KS) Welch (VT) Filner Moore (WI) Weller Mr. McHENRY. Under the new House clause 9(a) of rule XXI, it is not in Frank (MA) Moran (VA) Wexler rules, there is an anti-earmark rule order to consider an unreported bill or Gillibrand Murphy (CT) Wilson (OH) that governs the House, which the rule joint resolution unless the chairman of Gonzalez Murphy, Patrick Woolsey governing this bill does not waive that each committee of initial referral has Gordon Murtha Wu Green, Al Nadler Wynn rule of the House; and sections of this caused to be printed in the CONGRES- Green, Gene Napolitano Yarmuth legislation actually go forward and vio- SIONAL RECORD a list of congressional

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.051 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1089 earmarks, limited tax benefits, or lim- Larsen (WA) Napolitano Sherman Walberg Weller Wilson (SC) ited tariff benefits contained in the Larson (CT) Neal (MA) Shuler Walden (OR) Westmoreland Wolf Lee Oberstar Simpson Walsh (NY) Whitfield Young (AK) measure, or a statement that the meas- Levin Obey Sires Wamp Wicker Young (FL) ure contains no such earmarks or bene- Lewis (GA) Olver Slaughter Weldon (FL) Wilson (NM) fits. Lipinski Ortiz Smith (WA) Loebsack Pallone NOT VOTING—25 Under clause 9(c) of rule XXI, a point Snyder Lofgren, Zoe Pascrell Solis Alexander Fossella Myrick of order under clause 9(a) of rule XXI Lowey Pastor Space Bachmann Gilchrest Norwood may be based only on the failure of the Lynch Payne Spratt Boucher Hastert Paul Mahoney (FL) Pelosi submission to the CONGRESSIONAL Stupak Buyer Higgins Reynolds Markey Perlmutter Sutton Cubin Johnson, Sam RECORD to include such a list or state- Skelton Marshall Peterson (MN) Tanner Cummings King (NY) Stark Matheson Pomeroy ment. Tauscher Davis, Jo Ann Maloney (NY) Watson The Chair has examined the CON- Matsui Price (NC) Taylor English (PA) McCaul (TX) McCarthy (NY) Rahall Thompson (CA) Farr McDermott GRESSIONAL RECORD and finds that it McCollum (MN) Ramstad Thompson (MS) McGovern Rangel contains the statement contemplated Tierney McIntyre Reyes by clause 9(a) of rule XXI. Towns b 1350 McNerney Rodriguez Udall (CO) Accordingly, the point of order is McNulty Ross So the motion to table was agreed to. Udall (NM) overruled. Meehan Rothman The result of the vote was announced Meek (FL) Roybal-Allard Van Hollen Mr. MCHENRY. Mr. Speaker, I appeal Vela´ zquez as above recorded. the ruling of the Chair. Meeks (NY) Ruppersberger Melancon Rush Visclosky A motion to reconsider was laid on MOTION TO TABLE OFFERED BY MR. OBEY Michaud Ryan (OH) Walz (MN) the table. Wasserman Mr. OBEY. Mr. Speaker, I move to Millender- Salazar PARLIAMENTARY INQUIRIES McDonald Sa´ nchez, Linda Schultz table the appeal. Miller (NC) T. Waters Mr. MCHENRY. Mr. Speaker, par- The SPEAKER pro tempore. The Miller, George Sanchez, Loretta Watt liamentary inquiry. question is on the motion to table. Mitchell Sarbanes Waxman The SPEAKER pro tempore (Mr. Mollohan Schakowsky Weiner The question was taken; and the Moore (KS) Schiff Welch (VT) DEFAZIO). The gentleman will state his Speaker pro tempore announced that Moore (WI) Schwartz Wexler parliamentary inquiry. the ayes appeared to have it. Moran (VA) Scott (GA) Wilson (OH) Mr. MCHENRY. We just had a vote on Mr. MCHENRY. Division. I ask for a Murphy (CT) Scott (VA) Woolsey Murphy, Patrick Serrano Wu this floor about rule XXI, section 9. division vote, Mr. Speaker. Murtha Sestak Wynn Just for clarification, for the body’s Mr. OBEY. Mr. Speaker, I ask for the Nadler Shea-Porter Yarmuth purposes going forward with this new yeas and nays. rule, in essence, this is the parliamen- Mr. MCHENRY. Wait a second, Mr. NAYS—184 tary inquiry, if I may state it. The Speaker. I asked for a division vote. Aderholt Fortenberry McMorris summary of rule XXI, section 9 is that The SPEAKER pro tempore. Under Akin Foxx Rodgers Bachus Franks (AZ) Mica as long as the legislation states that the Constitution, the yeas and nays Baker Frelinghuysen Miller (FL) there are no earmarks, there may be have precedence over a request for a di- Barrett (SC) Gallegly Miller (MI) thousands of earmarks within that leg- vision. Bartlett (MD) Garrett (NJ) Miller, Gary islation, but only operationally must Barton (TX) The yeas and nays are requested. Gerlach Moran (KS) Biggert Gillmor Murphy, Tim the legislation include text that states Those favoring a vote by the yeas and Bilbray Gingrey Musgrave that there are no earmarks. Is that the nays will rise. A sufficient number hav- Bilirakis Gohmert Neugebauer ruling of the Chair? I would be happy ing risen, the yeas and nays are or- Bishop (UT) Goode Nunes Blackburn Pearce to give the Speaker numerous exam- dered. Goodlatte Blunt Granger Pence ples of earmarks in this. The vote was taken by electronic de- Boehner Graves Peterson (PA) The SPEAKER pro tempore. The vice, and there were—yeas 226, nays Bonner Hall (TX) Petri Chair does not respond to hypothetical Bono Pickering Hastings (WA) 184, not voting 25, as follows: Boozman Pitts questions raised under the guise of a Hayes Boustany Platts [Roll No. 70] Heller parliamentary inquiry. Brady (TX) Poe Hensarling Mr. MCHENRY. Further parliamen- YEAS—226 Brown (SC) Porter Herger Abercrombie Cohen Grijalva Brown-Waite, Price (GA) tary inquiry then. Hobson Ackerman Conyers Gutierrez Ginny Pryce (OH) The SPEAKER pro tempore. The gen- Hoekstra Allen Cooper Hall (NY) Buchanan Putnam Hulshof tleman will state his parliamentary in- Altmire Costa Hare Burgess Radanovich Hunter quiry. Andrews Costello Harman Burton (IN) Regula Inglis (SC) Arcuri Courtney Hastings (FL) Calvert Rehberg Mr. MCHENRY. Rule XXI, section 9, Issa Baca Cramer Herseth Camp (MI) Reichert states that a bill or joint resolution re- Jindal Baird Crowley Hill Campbell (CA) Renzi ported by a committee, unless the re- Baldwin Cuellar Hinchey Cannon Johnson (IL) Rogers (AL) Barrow Davis (AL) Hinojosa Cantor Jones (NC) Rogers (KY) port includes a list of congressional Bean Davis (CA) Hirono Capito Jordan Rogers (MI) earmarks, limited tax benefits, limited Becerra Davis (IL) Hodes Carter Keller Rohrabacher tariff benefits in the bill or in the re- Berkley Davis, Lincoln Holden Castle King (IA) Ros-Lehtinen Berman DeFazio Holt Chabot Kingston Roskam port and the name of any Member, Del- Berry DeGette Honda Coble Kirk Royce egate or Resident Commissioner who Bishop (GA) Delahunt Hooley Cole (OK) Kline (MN) Ryan (WI) submits a request to the committee for Knollenberg Bishop (NY) DeLauro Hoyer Conaway Sali each respective item included in such Blumenauer Dicks Inslee Crenshaw Kuhl (NY) Saxton Boren Dingell Israel Culberson LaHood Schmidt list or a statement that the proposition Boswell Doggett Jackson (IL) Davis (KY) Lamborn Sensenbrenner contains no congressional earmarks, Boyd (FL) Donnelly Jackson-Lee Davis, David Latham Sessions limited tax benefits or limited tariff Boyda (KS) Doyle (TX) Davis, Tom LaTourette Shadegg Brady (PA) Edwards Jefferson Deal (GA) Lewis (CA) Shays benefits. Does this legislation state Braley (IA) Ellison Johnson (GA) Dent Lewis (KY) Shimkus that and conform to rule XXI, section Brown, Corrine Ellsworth Johnson, E. B. Diaz-Balart, L. Linder Shuster 9? Butterfield Emanuel Jones (OH) Diaz-Balart, M. LoBiondo Smith (NE) The SPEAKER pro tempore. The Capps Engel Kagen Doolittle Lucas Smith (NJ) Capuano Eshoo Kanjorski Drake Lungren, Daniel Smith (TX) Chair previously ruled on that ques- Cardoza Etheridge Kaptur Dreier E. Souder tion, and the House sustained the Chair Carnahan Fattah Kennedy Duncan Mack Stearns by tabling an appeal. Carney Filner Kildee Ehlers Manzullo Sullivan Carson Frank (MA) Kilpatrick Emerson Marchant Tancredo Mr. MCHENRY. Further parliamen- Castor Giffords Kind Everett McCarthy (CA) Terry tary inquiry. Operationally, may a Chandler Gillibrand Klein (FL) Fallin McCotter Thornberry committee Chair simply sign and at- Clarke Gonzalez Kucinich Feeney McCrery Tiahrt test to the Parliamentarian that there Clay Gordon Lampson Ferguson McHenry Tiberi Cleaver Green, Al Langevin Flake McHugh Turner are no earmarks within said legisla- Clyburn Green, Gene Lantos Forbes McKeon Upton tion?

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.053 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1090 CONGRESSIONAL RECORD — HOUSE January 31, 2007 The SPEAKER pro tempore. The bill to committee members before b 1400 Chair will not render advisory opin- markup, without the standard 3 days Let me repeat, it is important that ions. That is not a proper parliamen- for circulating the bill to all House the Members hear that. One hour of de- tary inquiry. Members after full committee consid- bate in the House with no amendments, Mr. MCHENRY. Further parliamen- eration, without any prior debate 15 days of debate in the Senate with po- tary inquiry. whatsoever, and without the oppor- tentially unlimited amendments. The SPEAKER pro tempore. Does the tunity to offer even one amendment on Speaker PELOSI has vowed to run the gentleman have a proper parliamen- the House floor. House in a more open, democratic and tary inquiry? I do not fault my friend, Mr. OBEY, inclusive way. A spirit of bipartisan- Mr. MCHENRY. I appreciate the the chairman of the Appropriations ship, she said, would prevail in the peo- Speaker operating in such an unbiased Committee, for he is doing what he is ple’s House. That pledge was put on the way. It is very kind of you. asked to be done by his leadership. He shelf so the new majority could com- The SPEAKER pro tempore. If the is in the position today because of the plete their first 100 hours agenda. gentleman will refrain for a moment, former Senate majority leader’s com- The new majority then promised that the Chair is operating under the prece- plete failure to schedule and pass the business would soon return to regular dents and rules of the House of Rep- fiscal year 2007 appropriations bills. order with plenty of opportunity for resentatives and properly respecting The House and the Senate Appropria- Democrats and Republicans to partici- those rules. So, if the gentleman has a tions Committee did their work last pate in the democratic process. Mem- proper parliamentary inquiry, he would year, and Mr. OBEY and I worked very bers of the House, Democrats and Re- please state it. closely in attempting to see it was publicans, are still waiting for the Mr. MCHENRY. Parliamentary in- fully completed. The Senate leadership Speaker to keep her word. quiry, Mr. Speaker. What is an ear- did not. In closing, I would suggest that our mark? Under House rules, what is an As the former chairman of the com- country would be better served by ex- earmark? mittee, I know that Mr. OBEY feels tending for a full year the clean con- The SPEAKER pro tempore. The gen- strongly about maintaining regular tinuing resolution the House and Sen- tleman has again not stated a proper order and passing other appropriations ate passed in December. That legisla- parliamentary inquiry. bills. I can vividly recall a conversa- tion, a mere 19 pages long, contained Pursuant to House Resolution 116, tion Mr. OBEY had with me shortly no gimmicks, no policy changes, and the gentleman from Wisconsin (Mr. after I became chairman when he sug- did not reward or punish agencies in- OBEY) and the gentleman from Cali- gested that perhaps I would be the last discriminately, as is done in this 137- fornia (Mr. LEWIS) each will control 30 chairman of the Appropriations Com- page package. minutes. mittee because of the breakdown of This omnibus spending bill before us The Chair recognizes the gentleman regular order. today totally disregards the once proud from Wisconsin. I looked to his comments and have tradition of regular order within the Mr. OBEY. I thank the Speaker. Mr. taken them to heart because I com- House Appropriations Committee and Speaker, I yield myself 2 minutes. mitted to him and to our Members that violates the longstanding bipartisan Mr. Speaker, I simply want to thank we would pass our spending bills in reg- customs of the people’s House. I urge Janet Airis and her staff at the CBO ular order, and the 2 years I served as that my colleagues join me in a ‘‘no’’ scoring unit; Ira Forstater and Nadia chairman we did. vote. Soree and the entire staff at the Legis- Today, my fear is that Mr. OBEY may Mr. Speaker, I reserve the balance of lative Council; and certainly, most of be the last chairman of the Appropria- my time. Mr. OBEY. Mr. Speaker, I yield to all, the staff of the Appropriations tions Committee because of the very the gentleman from Texas (Mr. Committee, both majority and minor- concern he expressed to me, the break- LAMPSON) for a unanimous consent re- ity, both Senate and House, especially down of that regular order. Shutting Rob Nabors and David Reich. quest. both Republicans and Democrats out of (Mr. LAMPSON asked and was given This is a bill that needs to pass so the legislative process is a highly, permission to revise and extend his re- that everyone who is reliant upon pro- highly unusual circumstance, but that marks.) grams contained therein understands is exactly what has occurred. Mr. LAMPSON. Mr. Speaker, the Energy what the rules of the game will be for Both Republicans and Democrats are Policy Act of 2005 which was signed by the the remainder of the fiscal year. I urge being denied a full and open debate on President in August of 2005, included four di- passage. this legislation that will spend, as I rected spending programs that will each make Mr. Speaker, I reserve the balance of suggested earlier, $463.5 billion, rough- a significant positive contribution to the secu- my time. ly one-half of the annual Federal budg- rity and reliability of the energy supply and in- Mr. LEWIS of California. Mr. Speak- et. frastructure of this Nation. The Energy Policy er, I yield myself such time as I may Speaker PELOSI and Leader HOYER, Act authorized these programs with full fund- consume. both former members of the Appropria- ing so that they could be implemented as Mr. Speaker, I rise today to do some- tions Committee, know that our proc- soon as possible. It should be made clear that thing that I have never done before, ess is very open and a collaborative it is the intent of the Continuing Resolution to and that is to oppose House passage of one. Historically, appropriations bills remove any impediments that may have aris- an appropriations bill. are brought to the floor under an open en to the timely implementation of the four En- My friends on the other side of the rule to encourage debate and create ergy Policy Act provisions—Section 105, the aisle, and I use the term ‘‘friends’’ sin- better legislation. Our spending bills Energy Saving Performance Contracts; Sec- cerely, have produced an 8-month om- reflect not just the will of the Appro- tion 384, Coastal Impact Assistance; Section nibus spending bill that appropriates priations Committee but, indeed, the 999, Ultra-deepwater and Unconventional On- $463.5 billion. It is legislation that few will of the entire bipartisan House. It shore Natural Gas and Other Petroleum Re- have seen, which cannot be amended in is not uncommon to have hours and search and Development; and Section 1211, any way, and that will pass this House hours of debate and more than 100 Electric Reliability Organization. These pro- after only 1 hour of debate. It is the Democrat or Republican amendments grams were clearly authorized and directly first omnibus spending bill that I have offered on a single spending bill. That funded by the Energy Policy Act of 2005 and seen during my time in Congress writ- is, until today. should be fully funded and implemented im- ten and considered without the input of The House will debate this legisla- mediately. the chairman or ranking members of tion today for 1 hour. Not one amend- Mr. OBEY. Mr. Speaker, I yield my- any appropriations subcommittee, ment has been made in order. The Sen- self 12 minutes. without the input of any Republican or ate, that is, the other body, on the Mr. Speaker, on Monday, the Presi- Democratic subcommittee members, other hand, will have the opportunity dent will submit to the Congress his without the benefit of a full Appropria- to debate the legislation for up to 15 new budget. It would be kind of nice if tions Committee markup, without the days and with the potential for an un- we had disposed of his last year’s budg- standard three days for circulating the limited number of amendments. et request before the President brings

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.056 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1091 his new budget forward, because I be- adjustments were necessary in order to isn’t a small community in this coun- lieve that he is entitled to start the avoid shutdowns of agencies or layoffs try that doesn’t need some help with year with a clean slate, and I think we or furloughs and in order to recognize clean water. are entitled to start the year with a priorities that we thought people had We added $100 million for park main- clean slate as well. on both sides of the aisle. That is what tenance, and we added $90 million for Unfortunately, we cannot do that be- we did. firefighting. cause of the failures of the last Con- In this bill, we started with the fiscal We also were requested by the admin- gress. This resolution represents the 2006 base. We then cut or rescinded $9- istration to provide at least the last remaining legislation that must be to $10 billion, almost $10 billion, in amount that they asked for the global passed in order to clean up the mess items that we thought could be cut or AIDS program and to combat malaria left to us by the last Congress. rescinded. We cut over 60 programs. We and TB. So we added $1.4 billion to do Now, we all know the story. Last generated $10 billion or so in savings, that, and we added $146 million to pre- year, the House debated and passed and we added that to the $7 billion that vent the Social Security Administra- every single appropriation bill except still remained within the Republican tion from having a 10-day furlough for the Labor, Health, Education bill. That budget resolution cap, and then we al- their employees. That is what we did. was held up because of the now-well- located that money on the basis of We also provided a suspension of all known division between the two par- what we thought were better priorities. earmarks. ties on the minimum wage and also be- Now, the gentleman from California Now, I want to make clear a lot of cause moderate Republicans in this says we should have just stuck with the earmarks that we suspended are House, led by people like Mr. CASTLE the existing 2006 continuing resolution. perfectly defensible. They accomplish and others, were demanding that the We could have done that. If we had, we laudatory public purposes. I think it is Republican leadership add at least $3 would not have been able to add $3.6 sad that we haven’t been able to fund billion to the Labor, Health, Education billion in veterans’ health care, which them. But the fact is that it became appropriation bill in order to get their we have done in this bill, which is our apparent to me that the earmarking votes on the Republican budget resolu- number one priority. We would not process had been so discredited by the tion. have been able to add $1.2 billion in de- Cunningham case and by other cases The then chairman, Mr. LEWIS from fense health, which we add in this bill. that we have no choice but to start California, my good friend, specifically We would not have been able to add over. So we wanted to clear the decks, said on the House floor that the reason $500 million for basic housing allow- clean up the process, and start over. the Congress was not allowed to finish ances for our military, and we would Ninety-nine percent of the Members its work is because the Senate major- not have been able to add the $1 billion of this House on both sides of the aisle ity leader, Senator Frist, shielded the that we added for BRAC, the base clos- have immense integrity. They don’t Senate from any painful votes on ap- ing operations. We would also not have ask the Congress for things that are il- propriations before the election. Then, been able to add the $216 million that legitimate, but it is that 1 percent that after the election, the majority party we added to the FBI budget at the re- has fouled the nest for everybody else. walked away from their responsibility quest of the administration. So we are trying to clean up the nest to finish the budget, and they left us to In education, two weeks ago, when so that we can approach next year with clean up the mess as they walked out the Democratic Party brought to this a clean start and so that we will have the door. House floor a proposition to lower in- a process so that both parties will When we considered the CR under terest rates on student loans, we were know what earmarks the other party is which we are now operating, I specifi- told, ‘‘oh, that is just tokenism. What putting into the bills. cally said from this place on the House you ought to do is add to the Pell I want the minority to be fully cog- floor that I would make any sub- Grants.’’ nizant of whatever earmarks the ma- stantive compromise that was nec- That is what we have done. We added jority puts in the bills, and I want us to essary and I would make any proce- enough to the Pell Grant program to be fully cognizant of the other ear- dural compromise that was necessary allow an increase in the maximum marks you put in the bills. That is the in order to enable the then majority grant of $260. We wouldn’t have been only way we can protect the integrity Republicans to finish the bills on their able to do that either if we had fol- of this institution. watch, on their terms. I said I was will- lowed Mr. LEWIS’ suggestion and sim- So we are being criticized in some ing to recognize that they still con- ply stuck to the CR under which we are quarters because we are being told, trolled the Congress and so they had a now operating. ‘‘Well, when you eliminated the ear- right to have Republican priorities re- In addition to that, we added $250 marks, you should also have elimi- flected in those bills, even if I dis- million to Title I and $100 million to nated the money in those programs.’’ agreed with those priorities. Head Start so we could end the decline We didn’t do that for one very simple But I also warned that if they did not in enrollment in that program. reason. We didn’t want to reduce the live up to their responsibilities to pass In the area of science, we were asked amount of money in the COPS pro- the budget, then they would forfeit by a number of Members on the Repub- gram, for instance. their right to complain and whine lican side of the aisle in this House, What we are doing, by eliminating about how we went about cleaning up and on our side, plus the Senate on earmarks, and let’s be clear about it, their leftover jobs. both sides, to add money for NIH. we are not saving a dime by elimi- So when it became apparent that Members did not like the fact that, nating earmarks. But what we are they would not meet their responsibil- under the alternative, we were going to doing is transferring the power to de- ities, Senator BYRD and I announced lose at least 500 medical grants in can- cide where that money goes from the that we would proceed by doing two cer research, heart disease, Alzheimer’s congressional branch to the executive things. We announced, first of all, that and the rest. branch. I don’t like that, but it is a we would provide no congressional ear- I have not met a single constituent price I am willing to pay to clean up marks. We told anybody who had an who said, ‘‘Hey, OBEY, I think you the system. What that means is that earmark in a 2007 bill that if they ought to save money by cutting cancer the administration will have much wanted it considered in the following research grants.’’ We added $620 million more authority than normal to decide fiscal year they would need to present to reverse the decline in the number of where money goes, whether it is in the it under the reform process, which we research grants at NIH, and we added Army Corps of Engineers program or were in the process of putting together; some additional funds to the National COPS or you name it. and we announced at that time that we Science Foundation. I would simply say, we may have intended to cut earmarks by 50 percent We added some additional money to made some wrong choices. Undoubt- in comparison to the 2007 bill. energy conservation and energy re- edly, we did. But the process was this. The second thing that we announced search programs, in addition to which For 31⁄2 weeks our staffs worked 7 is that we would take the 2006 con- we provided a $200 million add-on for days a week round the clock, and they tinuing resolution and make whatever the Clean Water Revolving Fund. There negotiated with the Senate, Republican

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.061 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1092 CONGRESSIONAL RECORD — HOUSE January 31, 2007 and Democratic staff alike. The Repub- that we have taken in the various sub- Mr. EDWARDS. Mr. Speaker, I heard lican staff was invited to every meet- committee hearings from the adminis- the term ‘‘abdication of responsibility’’ ing that took place. If they attended or tration, from outside witnesses, from used. I consider abdication of responsi- didn’t, that was up to them. Members of Congress, the Senate and bility only passing two out of 13 appro- Whenever the staff could not reach so on, all of those hearings are being priation bills last year. agreement, the Members were brought disregarded and thrown out. The testi- Today is a good day for America’s in order to argue it up. If you don’t mony from the agency and the depart- veterans. As someone who has fought think that occurred, talk to Mr. VIS- ment heads and the Inspectors General hard for veterans over the years, I want CLOSKY, talk to Senator DOMENICI, talk and all of the people that are in the ex- to applaud Chairman OBEY and Demo- about the arguments they had on the ecutive branch that are in charge of cratic leaders for placing such a high Energy and Water bill, and there are keeping track of the money, the GAO priority on veterans in this resolution. countless other examples. reports, budget reports, policy expert It is the right thing to do. Our veterans We are now in a situation in which reports, all of those are being tossed fought for our country, and now it is we have to move on. We may have out in favor of the judgment of two time for us to stand up for them. made some wrong choices, but at least, Members of the Congress, one from the Unfortunately, though, since October in contrast to last year, we made those House, one from the Senate. The bill 1 of last year, for the last 4 months, VA choices, we made them. They may not before us is the product of two people, health care has been woefully under- be popular, but they were necessary so one from the House, one from the Sen- funded. Why? Because those who are that we can turn the page, get on the ate. arguing against this resolution today next year. All of the debate that took place on failed to pass for the entire year the This bill is the functional equivalent the House floor on these individual 2007 VA appropriations bill when they of a conference report. All of the appro- bills as they came before this body, and were in charge of this House and the priation bills that were not completed Members expressed their views, offered other body, continued underfunding action on last year, this is what they amendments, had some won, some lost, that put veterans health care seriously look like. This is what they look like. but nevertheless, the process worked. at risk. VA medical care in this resolution This is a continuing resolution that we That is being thrown out. has increased by $3.6 billion. That are producing today in order to direct These bills were chock full of report- means $300 million each month once where the spending in these bills ought ing requirements of oversight provi- this resolution becomes law, helping to to go. sions, congressional controls, money provide better health care for our men Now, you may say you don’t think it closely tied to results from the admin- and women who have served our coun- fits the traditional definition of a con- istration. The bills were carefully crafted in an open process, input from try. tinuing resolution. Either you can have Let me personalize what those num- an automatic continuing resolution, or every Member, and all 10 of the 11 bills passed through the House gained wide- bers mean to our veterans. Without the you can have a thinking man’s con- spread bipartisan support. Legislation vital funding increase in this resolu- tinuing resolution. I don’t think that we can be proud of. And yet we are tion, millions of veterans could see we were obligated to lock ourselves throwing that out. their health care services reduced. into the 2006 numbers, because that The bipartisan work, we are throwing Hundreds of thousands of veterans would have prevented us from pro- it away. This annual process we call could have to wait in line longer, per- viding the initiatives that I talked the appropriations process is being dis- haps months longer, to get the medical about for veterans, for education and carded. We are cutting the purse services they need and they deserve. the like. strings, blindly handing over the Tens of thousands of veterans might This is a responsible document. Noth- money to the executive branch with no not even receive any medical care at ing was sneaked in. Everybody knows leverage, no new oversight of nearly all from the VA without this resolu- what is in this package. All the staff half of the Federal discretionary budg- tion. knows. et. A vote for this resolution is a vote to I would urge an ‘‘aye’’ vote for the The new majority, Mr. Speaker, has respect our veterans. It says we will bill so that, come Monday, we can deal been very righteous in saying it will not only respect our veterans with our with the President’s new budget, rath- conduct much more oversight than the words. We will respect them with our er than continuing to deal with the previous Congress. And yet this so- deeds. Our veterans deserve no less. spilt milk of yesterday’s majority. called CR completely abdicates the ma- Vote ‘‘yes’’ for our veterans by voting b 1415 jority’s responsibilities as conducting ‘‘yes’’ for this resolution. any oversight. Just give the money to Mr. LEWIS of California. Mr. Speak- Mr. LEWIS of California. Mr. Speak- the executive branch. Spend it as you er, I yield 2 minutes to the gentleman er, I yield 3 minutes to my colleague, please. We don’t care. That is what we from Virginia (Mr. WOLF). the ranking member of the Homeland are saying. Mr. WOLF. Mr. Speaker, I thank Mr. Security Subcommittee of Appropria- And, Mr. Speaker, I don’t like it. LEWIS for yielding. tions (Mr. ROGERS of Kentucky). Mr. OBEY. Mr. Speaker, I yield my- I rise in opposition to the resolution. Mr. ROGERS of Kentucky. Mr. self 1 minute. And let me just stipulate it probably Speaker, I am sad to say that this is a Mr. Speaker, the gentleman talks has a lot of very good things in it. But sad day for the U.S. House. about how we should have stuck with when I was chairman of two different Why do I say that? Well, Mr. Speak- the bills that they produced last year. subcommittees, we always had com- er, the power of the purse is the most There is only one problem. They plete consultation, and if what I am important power of the Congress. couldn’t convince their Republican saying is not accurate, those Members James Madison called the power of the brethren in the Senate to buy them. should come down here and attack me purse ‘‘the most complete and effectual And so we had to try something else. for it, complete consultation before we weapon with which any constitution I can’t help it that the majority sent the bills out. And what I am con- can arm the immediate representatives party did not meet its responsibilities cerned about is the precedent that we of the people.’’ to pass these appropriations because are establishing. The power of the purse of the Con- you had an internal fight within the I have a resolution to put the Con- gress is exercised through its Appro- Republican Party. But now the respon- gress on record in support of the Iraq priations Committee and the appro- sibility is passed to us, and at least we Study Group. Now, am I going to be priations process that is longstanding are producing a proposal which can foreclosed from offering that resolu- in this body. pass both Houses. That is more than tion? Here is a group of men and Today, we are throwing out that pro- can be said for the work product of the women, Baker and Hamilton, who cedure. We are saying in this bill that last Congress. spent 8 months. It was one of these evil all of the work that has gone on in the Mr. Speaker, I now yield 2 minutes to earmarks that you hear all about it. hearings, hundreds of hearings, hours the gentleman from Texas (Mr. ED- Am I going to be foreclosed from offer- and hundreds of hours of testimony WARDS). ing the Baker-Hamilton solution to the

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They were caring for 10 million people by 2009. commitment for Israel and Egypt as re- bipartisan. Chuck Robb; Bill Perry; In addition, another $50 million is provided quested for fiscal year 2007. Leon Panetta, who served over here; for the African Union’s Mission in Sudan, and And, finally, having just returned and Ed Meese. Based on what we are another $113 million for United Nations’ inter- from Afghanistan, I do believe there is seeing here now, I will be foreclosed. national peacekeeping. still a glimmer of hope that our assist- Any resolution that comes from this But, these funding increases had to result in ance can make a positive impact there. side of the aisle is automatically fore- decreases elsewhere. The president’s 2007 I am pleased that the joint resolution closed. We have watched it for the Budget request included $3.2 billion for the provides over $1 billion for reconstruc- whole month of January. Economic Support Fund, the continuing reso- tion programs, counternarcotics and So let me just say I am sure, Mr. lution cuts $746 million from the request, and other priorities. And I urge my col- OBEY, this is probably a lot of good is $148 million below the 2006 enacted level. leagues to join me in supporting this stuff. But we on the minority side have A reduction of this magnitude will affect the joint resolution. to be treated the way we should be. Do Administration’s ability to carry out critical for- Mr. LEWIS of California. Mr. Speak- unto others as you would have them do eign policy priorities, including democracy, in- er, I yield 3 minutes to the ranking unto you. frastructure, and economic development pro- member of our Transportation Sub- Now, the test will be with my resolu- grams in Iraq. committee of Appropriations (Mr. tion, and there are only two of us on it, The president’s 2007 Request included an KNOLLENBERG). GILCHREST and myself. Will I be fore- increase of $709 million for stability and recon- Mr. KNOLLENBERG. Mr. Speaker, I closed by the Rules Committee in 2 struction programs in Iraq, these programs are thank the gentleman for yielding. weeks from my resolution that puts essential to improving the safety of our troops Mr. Speaker, I rise in opposition to the Congress on record in support of in the country. Yet, the majority directed that H.J. Res. 20 as it is currently written. the Baker-Hamilton Commission? Ten there be no mention of funding for anything re- The CR includes authorization lan- people, five Republicans, five Demo- lated to Iraq in the resolution. guage that will change the formula for crats, spent more time looking at this This process is not the way the House’s distributing section 8 housing assist- issue of Iraq than this Congress has, business should be conducted. I urge mem- ance that will cut funding from 31 than the Republican Party has and the bers to vote against this measure to make a States and 1,227 PHAs, permanently. Democratic Party has. And based on statement about the way this entire process I make no bones about this. Both in what is taking place so far today, I will has been handled. my State of Michigan, in Detroit and be foreclosed. Mr. OBEY. Mr. Speaker, I yield 2 in Pontiac, PHAs in the State of Michi- And I hope I am not foreclosed be- minutes to the gentlewoman from New gan as a whole would be severely im- cause when you are in the minority York (Mrs. LOWEY). pacted by the language in this bill. But and you don’t have that opportunity to Mrs. LOWEY. Mr. Speaker, I just I am just one of many Members, 31 offer amendments, then, frankly, you want to say to my good friend, my col- States, who are impacted by this legis- are being cut out of the process. league, Mr. WOLF, I look forward to lation, by this bill. Mr. Speaker, I rise in opposition to this reso- working closely with you. And as you I ask why are we doing this now? lution. may know, or I am surprised if you There is no need to make the change This is a continuing resolution like no other don’t know, my staff was working with now. There is no urgent situation that that I have seen before. It is an omnibus ap- your staff every single step of the way, needs fixing. Under the current system, propriations bill that will fund nearly one-half of and your input and the input of your every PHA would have received an in- the federal government for fiscal year 2007. staff was invaluable. So we can have crease that fully covers the cost of run- When I was Chairman of the Science, State, further discussions. Thank you very ning their section 8 program. No one Justice Subcommittee, we had in-depth dis- much. gets cut; no one gets hurt. cussions and consultations with our Ranking And I want to commend Chairman This language has one impact. It cre- and minority members. On our committee we OBEY and all the staff on both sides of ates instability and uncertainty by cre- worked in a bi-partisan manner. The prece- the aisle, because we worked on the bill ating a new set of winners and losers dent that this CR is setting troubles me. together, for their tireless work. every year. I have a resolution supporting the rec- It is a shame, frankly, that the Re- And in their very first budget, the ommendations of the recently released Iraq publican leadership of the 109th Con- new majority would cut $460 million for Study Group, also known as the Baker-Ham- gress failed to finish its work on the 1,227 PHAs from what would have been ilton report. Based on this CR process with its closed fiscal year 2007 appropriations bills, provided if the program had been left rule and no committee debate, does this mean leaving vital programs in the lurch. alone. A complete list of the PHAs that I am going to be foreclosed from offering And while this bill is the result of the being impacted has been made avail- the resolution? Republicans’ abdication of duty in the able for all Members to review. The chairman of the Appropriations Com- 109th Congress, it is a fair, balanced, And this is not a one-time sweep, by mittee has been quoted saying that most of and bipartisan attempt to continue es- the way, of so-called excess funds. The the negotiations on the CR were conducted by sential government programs and serv- losses being imposed on the PHAs with staff. While we have terrific staff on both sides ices and address critical priorities. this language are permanent losses, of the aisle, this is not the way this institution Specifically, this joint resolution not just for this year. is supposed to operate. provides a total of $4.55 billion for glob- This is not the system that we The resolution before the House includes al HIV/AIDS and TB, almost $300 mil- worked so hard to develop. Where sta- $31.2 billion for the State, Foreign Operations lion above the President’s fiscal year bility and uncertainty has been the accounts. 2007 request, including $724 million for order of the day, we are now having This is an increase of $1 billion dollars over the Global Fund. We have also in- disruption and uncertainty. the Fiscal Year 2006 level. creased PEPFAR funding by $75 mil- The principal claim by the supporters I am in no way criticizing the Gentlelady lion over the President’s request to put of this provision is that there are ex- from New York, but I did not meet with the hundreds of thousands more people on cess funds in PHAs that can be redis- chairwoman of the subcommittee to discuss lifesaving medications. tributed to other entities so that more the CR. I know she is fair and reaches out In addition to keeping the momen- families can be served. But that is not across the aisle, and perhaps her hands were tum in our HIV/AIDS initiatives, the what the people who run the program tied in this unfair process. joint resolution also addresses the on- say. Of the nearly $29 billion in funds To be candid, there are some positive as- going genocide in Darfur, Sudan. Two- that has been provided to the PHAs pects of the State, Foreign Operations chap- and-a-half years after Congress de- over the last 2 years, only 2.5 percent is

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.066 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1094 CONGRESSIONAL RECORD — HOUSE January 31, 2007 actually deemed excess. Two-and-a-half perfectly happy to work with the majority to amphetamine, that crisis, this is the percent. That hardly seems like a crisis craft a comprehensive, bipartisan Section 8 re- wrong time to retreat on funding for to me. form package that will provide stability and the DEA. For this and many other rea- b 1430 predictability for our public housing authorities sons I rise to oppose this resolution. and those whom they serve. Mr. OBEY. Mr. Speaker, I yield 2 To take away those funds perma- My constituents are not well served by this minutes to the distinguished gen- nently from those areas and the fami- abrupt and drastic change in the formula, and tleman from Massachusetts, the chair- lies that could be served is not the so- I would warn my colleagues from Illinois to man of the Financial Services Com- lution. Getting the funds spent on fam- look closely at the new numbers for their dis- ilies in those areas by those PHAs is tricts. mittee (Mr. FRANK). the right solution. The Chicago suburbs are hit hard by this Mr. FRANK of Massachusetts. Mr. It is clear from the language in the new formula. Each housing authority in all Speaker, when I hear some of my Re- bill that the majority has no real cer- three counties of my Congressional district will publican colleagues leap to the defense tainty on what this provision is going receive a funding cut this year. The housing of section 8, I can only compare that to to do. They have set aside $100 million authority in Cook County will lose $8 million, learning that Ahmadinejad had applied of the funds for unanticipated out- Joliet will lose $1.1 million, Aurora and for membership in B’nai Brith. We have comes. But there will be no doubt DuPage County will lose over a million dollars. been trying to defend section 8 against about the outcome, and $100 million is These are not just dollars; these are families assault for some time. a drop in the bucket. and seniors who are being hurt here. With this Again, according to the Department, bill’s proposed cuts to Section 8 housing fund- One form of the assault has been the top 10 PHAs, including New York ing, more than 100 families in DuPage Coun- formulaic rules that prevent all of the City, L.A. County, L.A. City, Sac- ty, about 150 in Will County, and thousands money that is appropriated from being ramento, Dallas, Cook County, Miami/ across the country will be kicked to the curb spent. Because there is a lot of support Dade, and San Diego County, will be in 2007. This is unacceptable. for section 8, the administration has cut $132 million alone; and that leaves I am disappointed by the thoughtlessness of been unhappy when we have voted here $328 million, or 70 percent, of the de- those on the other side of the aisle who deter- more money than they have asked for. struction being caused in smaller PHAs mined the new formula and numbers in this So they have had a series of formulaic throughout the country untouched. bill. I urge my colleagues to alert their con- restrictions that keep us from getting Finally, the majority has argued that stituents who will become homeless this year it all spent. the administration is proposing the about this fly-by-night formula change that our I will note, by the way, that the par- same change in 2008 and 2009. No one dear colleagues have brought to the floor has seen the HUD budget. We have very ticular change here that the committee today. I invite the Democratic leadership to ex- has recommended is supported by the conflicting information coming plain to the neediest citizens in the suburbs of through. Regardless of what is wrong, I National Association of Housing and Chicago and in communities across our Nation Redevelopment Officials, the Council of would urge all Members on both sides why they won’t have a roof over their heads Large Public Housing Authorities, and of the aisle with those PHAs that will in 2007. This is no way to start the New Year. be impacted like mine, 31, I strongly Mr. OBEY. Mr. Speaker, may I ask the Public Housing Authorities Direc- suggest they look at all of these losses; how much time remains on both sides. tors Association. That is, all of those and I strongly oppose this legislation. The SPEAKER pro tempore. The gen- who administer section 8 through their Mr. LEWIS of California. Mr. Speak- tleman from Wisconsin has 12 minutes. organizations endorse it. er, I yield for the purpose of making a The gentleman from California has 16. Here is the way it has worked. There unanimous consent request to the gen- Mr. LEWIS of California. Mr. Speak- were formulas put in there that kept tlewoman from Illinois (Mrs. BIGGERT). er, I yield 2 minutes to the gentleman some agencies from spending money (Mrs. BIGGERT asked and was given from New Jersey (Mr. FRELINGHUYSEN). which they received. That is, many permission to revise and extend her re- Mr. FRELINGHUYSEN. I thank the agencies were given money that could marks.) gentleman for yielding. not be spent and had not been spent Mrs. BIGGERT. I thank the gen- Mr. Speaker, this joint resolution in- that came out of the hide of agencies tleman for yielding. cludes important increases above the that needed to spend more. What this Mr. Speaker, I support provisions in this res- fiscal year 2006 level for programs that bill does is to make sure that every ap- olution that provide funding for roads and tran- are truly necessary in our Commerce propriation is spent; and as to those sit, Pell Grants, Special Education, NCLB, vet- Justice Appropriations Subcommittee. agencies that might be losing an allo- erans’ healthcare and scientific research at I appreciate the inclusion of increased cation, in every case they are losing places like NIH and Argonne National Labora- funding for FBI counterterrorism and money that they had not been able to tory. intelligence and for the cost of con- spend because they did not have the However, I do not support a provision in this ducting a timely and accurate focus on legal authority to do it. bill that will slash housing assistance for hun- our next census. dreds of families and seniors in my district and Also included are important in- This bill guarantees, and we will be for thousands more nationwide. creases for basic scientific research, an here to make good on that guarantee, It is unfortunate that the leadership and ap- additional $335 million for the National that any agencies that can say, well, propriators on the other side of the aisle de- Science Foundation research, which we are not getting the same allocation cided that it was OK to completely rewrite the will set the groundwork for new tech- that we got before, they will have re- funding formula for the disbursement of Sec- nologies that will spark innovation and serves available to them on which they tion 8 housing funds in this bill without con- ensure our competitiveness. can draw. So we can guarantee that no sulting with the authorizing committee, Finan- Mr. Speaker, I am very concerned, one will be unable to serve everyone cial Services. The last time I checked, author- however, about funding for drug en- they are now serving. izing on an appropriations bill is against the forcement. Funding is included in this What it does mean is that money House rules. But of course, the rule for this bill resolution to maintain the current rate which this formula has prevented from denies us any opportunity to raise a point of of operations for every Department of being spent in some agencies will now Justice entity except the Drug En- order, or amend the bill. At least during pre- be spent. We will not give some agen- vious Republican-led Congresses, our leader- forcement Agency. The funding for the cies more than they can spend and ship had the courtesy to allow Democrats to DEA will result in a loss of over 160 some less. We will even it out. offer amendments and points of order and fol- agents and deep cuts to the Mobile En- lowed rules that reflect a truly democratic forcement Team program, the DEA’s And I stress again that the reserves process. primary tool to fight meth and violent will be available, and that is why every Now, I must point out that the other side of drug crime at the State and municipal one of the agencies in this country that the aisle still has a chance to do this the right levels. spends money on section 8, all of the way. As the new Ranking Member of the Fi- With violent crime on the rise and public housing authorities have explic- nancial Services Housing Subcommittee, I am many communities dealing with meth- itly supported this particular change.

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COUNCIL OF LARGE PUBLIC HOUSING Moving to a formula based on actual voucher months in 2004. As a result, it has distributed AUTHORITIES, lease up and costs distributes funding to more money to some agencies than nec- Washington, DC, January 31, 2007. agencies as it is actually being used and thus essary to serve 100 percent of their author- Hon. DAVID OBEY, guarantees funding for all vouchers in use. ized families, while at the same time, deeply Chairman, House of Representatives, Committee Importantly, the bill also includes $100 mil- cutting other agencies, forcing them to re- on Appropriations, Washington, DC. lion to protect housing agencies and resi- duce the number of families served. The DEAR MR. CHAIRMAN: The Council of Large dents that might otherwise be harmed dur- depth of the inefficiency has grown with Public Housing Authorities (CLPHA) rep- ing the transition to the new formula. time. resents 60 of the nation’s largest housing au- Thank you again for your support of public H J RES. 20 MAKES MORE EFFICIENT USE OF thorities that own and manage 40 percent of and assisted housing programs. PHADA AVAILABLE FUNDS the nation’s public housing and administer looks forward to working with you on the The revised formula contained in H J Res. over 30 percent of the Housing Choice Vouch- implementation of this legislation and dur- 20, as written, will ensure that all public er program. We are writing to support the ing the FY 2008 budget process that begins housing agencies will receive at least the FY 2007 Joint Resolution in the House of next week. amount necessary to serve the number of Representatives. Sincerely, families served in their voucher programs in CLPHA greatly appreciates the inclusion TIMOTHY G. KAISER, 2006, plus inflation. These agencies will not of an additional $300 million for Public Hous- Executive Director. lose funding needed to maintain their pro- ing Operating Fund in the legislation and grams at the levels existing in 2006, and some the $487 million increase in the Housing NATIONAL ASSOCIATION OF HOUSING may be able to make progress in restoring Choice Voucher account. The increase in op- AND REDEVELOPMENT OFFICIALS, lost vouchers. In addition, agencies have ac- erating funds is a good start in addressing Washington DC, January 31, 2007. cess to a $100 million adjustment pool for the chronic under-funding of public housing Hon. DAVID OBEY, any agency tbat has increased need due to programs. Public housing is still signifi- Chairman, House Committee on Appropriations, unforeseen circumstances or any hardship cantly under-funded and we look forward to Washington, DC. caused by the transition to the new formula. working with Congress to provide full fund- Hon. JOHN OLVER, The net result is a more accurate formula ing for public housing. Chairman, House Appropriations Subcommittee than the one in use from 2004 through 2006. CLPHA commends the House for unravel- on Transportation, HUD, and Related This formula will utilize tbe funding pro- ing the complicated and inefficient funding Agencies, Washington, DC. vided more efficiently than the previous for- system HUD has imposed on housing au- Hon. JERRY LEWIS., mula, assisting a larger number of families thorities since 2004. By adopting a formula. Ranking Member, House Committee on Appro- with the appropriated amounts than would that bases funding on the most recent 12 priations, Washington, DC. occur under the previous formula. months of leasing and cost data the House Hon. JOSEPH KNOLLENBERG, FOCUS MUST BE ON SERVING THE GREATEST action will guarantee funding for all vouch- Ranking Member, House Appropriations Sub- NUMBER OF FAMILIES WITH DOLLARS PROVIDED ers in use. The increase in funds, combined committee on Transportation, HUD, and Re- Detractors opposing formula revision have with the change in how these funds are dis- lated Agencies, Washington, DC. unfortunately relied on data that provides a tributed ensure that housing authorities do DEAR CHAIRMEN AND RANKING MEMBERS: I misleading picture of the impact of the re- not have to reduce the number of families am writing to express the strong support of vised formula. This is because the data focus they currently serve. the National Association of Housing and Re- solely on the amounts distributed to each However, in order to effectively transition development Officials (NAHRO) for the Sec- community rather than on the efficiency to this new formula, housing authorities tion 8 Tenant-Based Rental Assistance with which those dollars will be used to need access to currently allocated funds to voucher- renewal formula included in H. J. serve eligible families. Because the current help them to offset losses and to increase Res. 20. Formed in 1933, with more than formula is based on outdated ‘‘snapshot’’ in- leasing levels in their communities. Con- 22,000 agency and individual members, formation, much of the funding cited as a gress must protect these funds and prohibit NAHRO is the nation’s oldest and largest ‘‘net loss’’ under the H J Res. 20 formula is HUD from recapturing them for either puni- nonprofit organization composed of local actually in excess of the amounts needed to tive reasons or to meet a rescission target. agencies and officials engaged in creating serve 100 percent of those agencies’ author- Thank you again for supporting public and and maintaining affordable housing opportu- ized families in 2007. These are funds that assisted housing programs. We look forward nities. NAHRO members are responsible for would be distributed but could not be used to working with you on these most impor- administering more than 80 percent of all by agencies to serve families if the present tant issues. Section 8 Housing Choice vouchers. formula were retained. Therefore, the data Sincerely, This revision to the voucher distributional do not provide an accurate picture of the SUNIA ZATERMAN, formula is a long-overdue correction of a pol- families served by those dollars, the most Executive Director. icy that has simply proven not to work. important measure of success for this pro- Prior to the adoption of the current law pol- gram. PUBLIC HOUSING AUTHORITIES icy in 2004, the voucher program was highly The agency-by-agcncy listing in the data DIRECTORS ASSOCIATION, successful in serving families it was charged does not show the half of all agencies who re- Washington, DC, January 31, 2007. to assist. The funding policies in place pro- ceive less funding under the current formula Hon. DAVID OBEY, vided the incentives and stability necessary than under H J Res. 20. For these agencies, Chairman, House of Representatives, Committee for agencies to efficiently administer the the consequences of loss of dollars under the on Appropriations, Washington, DC. program. current formula will have a real and severe DEAR MR. CHAIRMAN: PHADA represents Since the current law formula was insti- impact on the number of families they can the professional administrators of almost tuted in 2004, this highly-successful program serve. The H J Res. 20 formula is based on 1,900 local housing authorities from all over has lost well over 100,000 vouchers, and by the amount necessary to continue serving the United States. I am writing in regard to some estimates are as many as 150,000 vouch- the number of families presently assisted, the FY 2007 Joint Resolution the House of ers, due to inefficiencies in the formula. In Failing to enact it would mean that these Representatives will soon consider. contrast, H. J. Res. 20 will provide all agen- agencies will not receive the funds necessary PHADA supports and appreciates the in- cies sufficient funding to continue assisting to serve families in place last year and per- clusion of $300 million more in operating the same number of families served in FY haps make some progress in restoring lost funds included in the legislation. The sum- 2006, and some may be able to make some vouchers, mary accompanying the resolution notes progress toward restoring lost vouchers. We do not dispute that there is much that this increase still leaves HAs with a sig- unmet need for housing assistance across the INEFFICIENCY OF CURRENT FORMULA LED TO nificant shortfall in FY 2007. Still, the meas- country. However, providing some agencies LOSS OF VOUCHERS ure is a welcome step in the right direction. with funding above 100 percent of their au- PHADA wants to work with you and your Newspapers across the country have chron- thorized vouchers while others continue to Senate colleagues on future efforts to bring icled the numbers of families whose assist- lose assistance for families in place last year public housing funding up to more adequate ance was abruptly terminated or denied, dis- is not a sound national policy. Instead, it is levels. missed from waiting lists, or for whom rent an inefficient use of taxpayers’ dollars that PHADA also supports the Housing Choice burdens have increased since 2004. The loss of needlessly leaves thousands of families unas- Voice (HCV) funding and formula in the leg- assistance for these tens of thousands of sisted. islation. The association has long supported families has not been due to a shortage of In sum, we congratulate you on your will- a more rational voucher formula based on funding provided by Congress. In fact, Con- ingness to correct in this voucher funding actual leasing and voucher costs. Your bill gress appropriated sufficient funding each policy. Repairing the damage done to this establishes the inception of such a policy. year to support these families. program over the past three years will take Recent experience demonstrates that the These dramatic losses are, in fact, due to time. The funding policy provided by H J Bush Administration’s ‘‘snapshot’’ voucher the inefficiency of tbe formula in place since Res. 20 is a good step in that direction. With formula has not been successful. Inefficien- 2004. The current formula bases funding to continued funding support from Congress for cies in that formula have over-funded some each agency upon an outdated and unrepre- both vouchers and the administrative funds housing agencies and underfunded others. sentative ‘‘snapshot’’ of data from three necessary to help families find housing, and

VerDate Aug 31 2005 05:50 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.055 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1096 CONGRESSIONAL RECORD — HOUSE January 31, 2007 efficient funding policies, we can set this Under this new distribution formula, many olution formula will avoid these problems, critical program back on its former path of public housing authorities were forced to re- and ensure that scarce federal resources are success and restore the number of vouchers duce the number of families that were served directed where they are most needed to sup- lost in recent years. by vouchers. As a result, there has been a port current commitments. Please feel free to contact me if you have loss of 150,000 vouchers since 2004, which Sincerely, any questions about this information could have assisted the large number of fam- DENISE B. MUHA, Sincerely, ilies on waiting lists for affordable housing Executive Director. SAUL N. RAMIREZ, Jr., across the country. At the same time, some Mr. LEWIS of California. Mr. Speak- Executive Director. public housing agencies received funding al- er, I yield 2 minutes to the gentle- locations that were higher than their fund- CENTER ON BUDGET AND ing needs and these funds went unused, woman from Texas (Ms. GRANGER). POLICY PRIORITIES, Congress has the opportunity to remedy Ms. GRANGER. Mr. Speaker, this bill Washington, DC, January 30, 2007. this problem by adopting the new formula before us eliminates $3.1 billion that Hon. DAVID OBEY, included in H.J. Res. 20. In 2006, this formula would support the plan, approved by Chair, Committee on Appropriations, was included in legislation (H.R. 5443) ap- this Congress, to reposition our mili- House of Representatives, Washington, DC. proved by the House Financial Service Com- tary forces throughout the world, a DEAR CONGRESSMAN OBEY: I am writing to mittee and in the Senate FY07 Transpor- plan that is integral to our strategy to state our strong support for the provisions tation, Treasury, the Judiciary and Housing relating to ‘‘Section 8’’ Housing Choice and Urban Development appropriations bill. win the war on terror. Vouchers in H.J. Res. 20, the Joint Funding The change allocates funding in FY07 The cut in funding of over $3 billion Resolution for Fiscal Year 2007. based on each housing agency’s most recent has been termed devastating by Army Section 8 vouchers are the leading source twelve month period of voucher leasing and officials. It eliminates the support for of federal housing assistance, and provide ac- cost data, rather than a three-month snap- our military and their families, may I cess to affordable housing for approximately shot in 2004 that is current measure. The Na- two million low-income households, includ- remind us, in a time of war. tional Low Income Housing Coalition strong- Let me give you a specific example. ing working families with children, the el- ly supports this formula change. derly, and people with disabilities. We also thank the appropriators for includ- Fourteen thousand troops and their H.J. Res. 20 fully funds the President’s re- ing the President’s FY07 request for voucher families, including 4,000 children, are quest for voucher renewals, by providing the funding in the joint funding resolution. If scheduled to reposition from Germany $487 million above the FY 2006 level that the both the formula change and the funding in- back to the States. Cutting funding for President has said is needed to maintain the crease are enacted, no public housing author- support for this plan leaves our senior program. In a bill where resources were very ity will have to make cuts to their voucher constrained, this is a notable achievement. military leaders with the Hobson’s programs in 2007. choice of either moving just a few units Even more important, however, the bill Thank you for considering our views. makes a badly needed change in the formula Sincerely, or moving our servicemembers and used to allocate funding among the 2400 state SHEILA CROWLEY, MSW, PhD., their families on the bases with inad- and local housing agencies that administer President and CEO. equate infrastructure and training fa- the voucher program. For the past three cilities. years, voucher funding has been distributed NATIONAL LEASED HOUSING under a highly flawed and inefficient for- It prevents soldiers from having the ASSOCIATION, mula. This formula relies on outdated data type of training facilities they need to Washington, DC, January 31, 2007. about housing trends, and has been providing prepare for war. It will create an uncer- Hon. JOHN W. OLVER, many agencies with more funds than they Washington, DC. tainty about whether their children are can use, while others have had to make sig- DEAR REPRESENTATIVE OLVER: The mem- able to attend adequate schools. It puts nificant cuts. In all, a staggering 150,000 bers of the National Leased Housing Associa- in jeopardy medical treatment facili- vouchers have been lost since 2004. H.J. Res. 20 would ensure that the funding tion have reviewed Joint Resolution 20 with ties that our military members and for each voucher in use in 2006 is renewed, by regard to funding for the Department of their families deserve access to and can basing agencies’ funding on their actual leas- Housing and Urban Development and are force our troops into temporary hous- ing rates and costs in the prior year. This writing to share our perspectives on the Sec- ing. simple but critical reform would stem the tion 8 programs. First, we commend both the House and Mr. Speaker, we are at war. Are we tide of voucher cuts, and restore badly need- Senate for their efforts to provide adequate willing to cut support for those who ed stability to the program, at no additional fight this war? I say no, and I will vote cost to the federal government. By contrast, funding for the ‘‘Section 8 Housing Choice had the formula not been altered, thousands Voucher’’ program and for the renewals of ‘‘no.’’ This bill shortchanges our troops of vouchers in use in 2006 would have been in Section 8 project-based contracts. These pro- and their families and inhibits our abil- jeopardy. grams are critical to the provision of afford- ity to train and prepare our troops and I commend you and Members of the Com- able housing to 3.5 million households. We our Nation for future attacks. mittee for including this provision in the are also pleased that the Joint Resolution Mr. OBEY. Mr. Speaker, I yield my- bill, and would urge others to support your addressed the expiration of HUD’s restruc- turing authority under the Mark to Market self 15 seconds. efforts. Mr. Speaker, it is not correct that we Sincerely, program. ROBERT GREENSTEIN, Further, we applaud you for addressing are cutting BRAC. We are increasing Executive Director. how vouchers are allocated to local commu- BRAC $1 billion above the existing lev- nities. We believe that the approach taken in els in the continuing resolution under NATIONAL LOW INCOME the Joint Resolution, which bases agencies’ which we are operating today. We will HOUSING COALITION, budgets on their leasing costs from the most deal with the additional requests for recent 12 months, is sound and will lead to Washington, DC, January 31, 2007. BRAC in the supplemental, and you DEAR REPRESENTATIVE: The National Low the most efficient and stable results for re- Income Housing Coalition urges you to sup- cipients, administrators, owners and other can bet that they will get all of their port H.J. Res. 20, the joint funding resolution stakeholders. In the last three years, we money. But we are adding $1 billion to that will fund the federal government for the have learned through experience that basing BRAC. We are not cutting. remainder of FY07. The bill provides nec- voucher funding on outdated information Mr. LEWIS of California. Mr. Speak- essary program increases and policy changes from a potentially unrepresentative three- er, I yield 3 minutes to the gentleman to critical low income housing programs. month period, leaves many housing agencies from Ohio (Mr. HOBSON). In particular, I want to call to your atten- without the resources needed to meet cur- Mr. HOBSON. Mr. Speaker, we would tion the provisions that will make important rent commitments. improvements to the Department of Housing In addition, the rigid funding formula of not be in this unfortunate situation if and Urban Development’s housing choice the past few years have left current voucher our colleagues in the Senate had actu- voucher program. holders vulnerable; minimized the ability of ally passed their bill. The House ful- In 2004, HUD and Congress changed the for- PHAs to utilize the vouchers authorized by filled its appropriation responsibilities; mula for distribution of housing choice Congress; exacerbated concerns that it is not the other body did not. voucher funds to the 2600 public housing prudent to lend or invest private capital in I have no problem with my majority agencies that manage the program. This was affordable housing; reduced housing choice colleague on the subcommittee, the done as a cost-cutting measure. Unfortu- for voucher holders; and inhibited new con- nately, this change resulted in a system that struction and rehabilitation of additional distinguished chairman from Indiana. has proved to be inefficient and wasteful, low income units. He has involved the minority in the while at the same time reducing the number By allocating funding based on the reali- process, treated us fairly, and at- of vouchers available to many communities. ties of the local marketplace, the Joint Res- tempted to protect our interests.

VerDate Aug 31 2005 05:44 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.058 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1097 Unfortunately, the ground rules es- We have had the opportunity to real- $2 million from the USDA biomass pro- tablished to this resolution disadvan- ize a half billion dollars of savings in gram. Now at a time when we all want tage the House greatly in the negotia- energy and water portions of the CR energy independence, eliminating the tions with the Senate. The process and to apply those funds to other pri- biomass program in the USDA doesn’t adopted by the majority has under- ority needs such as education, health make sense to me. mined the ability of the subcommittee care and law enforcement. I hope you Also it eliminates $11 million in food to negotiate a good CR and strip out all realize that in voting for this con- stamp funding for the employment and Senate pork. There are a number of tinuing resolution today means that training portion of food stamps. All im- significant funding reductions that you have decided that several hundred portant things. should have been taken in the CR that million of tax dollars will be better But where does the money go? For were not. spent on welfare for the nuclear weap- one thing, it goes to the FDA bureau- Again, I have no fault with my chair- ons labs than on these other pressing crats. The FDA wanted about a $20 mil- man. He tried. But the Senate balked national needs. lion increase. They get, under this bill, at even citing the need to protect ‘‘im- I encourage Members on both sides of a $100 million increase, without a sin- portant’’ Senators. the aisle to vote against this resolution gle committee hearing on it. Let me offer a few examples. The fis- and get rid of the pork. Again, though, it is not just that the cal year 2004 omnibus appropriation in- Mr. OBEY. Mr. Speaker, I yield my- FDA is getting money. It is that the cluded a $50 million earmark in the self 15 seconds. taxpayers aren’t getting money. Ear- DOE’s science account for an indoor Mr. Speaker, if ever there was a case marks have been eliminated, but the rain forest alongside the interstate of the pot calling the kettle black, we money does not go back to the tax- highway in Iowa, which I opposed, and have just heard it. payers. It simply goes to the bureauc- so did my ranking member at the time, The gentleman is objecting because racy. And that is why I think we now the chairman. we were not able to go back 2 years to should recommit this bill because we The Department of Energy has been excise from a previous appropriation can do a better job. unable to execute this earmark because the rain forest project which was put Mr. OBEY. Mr. Speaker, I yield 2 the sponsor has not produced the nec- into your bill when you were chairman. minutes to the gentleman from Indiana essary non-Federal matching funds. We have eliminated all earmarks for (Mr. VISCLOSKY), the chairman of the Nearly $45 million remains unspent and today and tomorrow. We cannot be ex- Energy and Water Subcommittee. unspendable. pected to correct all of your mistakes. (Mr. VISCLOSKY asked and was The House proposed to rescind this The SPEAKER pro tempore. There given permission to revise and extend earmark, but the Senate refused to remain 9 minutes, 50 seconds for the his remarks.) consider it. If ever there were a piece of gentleman from California and 9 min- Mr. VISCLOSKY. Mr. Speaker, I low-hanging fruit ripe to be stripped utes and 30 seconds for the gentleman would, first of all, like to thank Chair- out of the resolution, this is it. The from Wisconsin. man OBEY. Under his leadership, the 109th Congress had its infamous Bridge Mr. LEWIS of California. Mr. Speak- Appropriations Committee, and this to Nowhere. The 110th Congress is now er, I yield 2 minutes to the gentleman Congress, has moved quickly to bring building its own legacy, starting with a from Georgia (Mr. KINGSTON). resolution to the fiscal work left un- $50 million ‘‘roadside attraction’’ in Mr. KINGSTON. Mr. Speaker, I done in the last Congress. Iowa. thank the ranking member, Mr. LEWIS, I would also like to thank my part- In the NNSA weapons account, the for the opportunity to speak on this ner, DAVE HOBSON, who just spoke a House identified several sources of sig- bill. moment ago, and all of the members of nificant savings. The House proposed a I oppose the bill; and the reason why, the Energy and Water Subcommittee total of $495 million of reductions from Mr. Speaker, is I think it is very im- for their dedication and cooperation. weapons activities, but the Senate portant for our constituents to under- And while I am at it, I would associate again refused to accept this reduction stand. myself with the remarks of Mr. HOBSON because of perceived impact in New Yes, there was a mandate in Novem- relative to the negotiations with the Mexico. The final CR contains only ber as there had been a growing man- other body. $94.5 million of reduction, leaving $400 date throughout the year to get rid of I am disappointed that we are here million of savings untapped. earmarks. Now when my constituents today finishing a CR from last year. I In the fossil fuel account, 2006 fund- supported the President’s call to get would have liked my first role as the ing in Energy included $49.7 million for rid of $18 billion worth of earmarks, chairman of the Energy and Water oil and gas research, which is funded at what they thought he meant was re- Subcommittee to be focused on next discretionary spending in fiscal year ducing spending $18 billion. They do year’s responsibilities, instead of 2006, but which is now mandatory by not want earmarks eliminated for the cleaning up the fiscal mess that was the Energy Policy Act of 2005. sake of taking them out of the hands of left to us. The House proposed again, rightly, to elected people and putting them in the Mr. Speaker, most importantly, this eliminate this discretionary funding in hands of non-elected bureaucrats, yet bill provides $300 million to improve the CR, which only duplicates the new that is what this omnibus bill does. the Department of Energy’s ability to mandatory funding. Instead, the Sen- Now in the ag section, the total proceed with vital renewable energy ate declared this account to be ‘‘un- spending has gone from 100 to $150 bil- and conservation research and develop- touchable’’ in the strong interest of a lion down. That sounds like a good sav- ment. This will allow the Department particular Senator in West Virginia. ings, some of it. You can argue, where of Energy to pursue more technologies Given the House majority passed did the savings come from? that would hold promise for reducing H.R. 6 to take away perceived windfall the emission of greenhouse gases and profits in the oil and gas industry, it is b 1445 the importation of foreign oil while surprising that it would now allow the One thing that was eliminated, $70 supporting the growth of our economy. same industry to ‘‘double dip’’ in the million in environmental quality in- Given the energy crisis facing our CR. centive program, $44 million for con- Nation, and the implications it poses In summary, I would say again that servation security programs. These are for our economy, our environment, and the process being followed with this CR programs that help farmers, and they national security, these investments in greatly disadvantages the House in our have a cost share. It helps farmers plan energy research simply could not wait negotiations with the other body. on environmental repairs, keeping nu- any longer. Members should not delude themselves trients out of flowing into streams, This measure also provides $200 mil- that we have stripped all of the pork safe environmental practices on dairies lion to bolster physical science re- from the CR. We have only succeeded like building lagoons, things like that. search. This increase is a first step in a in stripping out the House earmarks. The bill also eliminated $74 million long overdue improvement in govern- Over in the other Chamber, it is, frank- in watershed and flood prevention, ment support for research into physical ly, business as usual. building small dams, and it eliminates sciences.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.072 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1098 CONGRESSIONAL RECORD — HOUSE January 31, 2007 Looking ahead, I hope to work with side was roughly a $400,000 committee. Mr. OBEY. Mr. Speaker, I yield 1 my partner, Mr. HOBSON, as well as My understanding, the authority under minute to the distinguished majority again, all of the members of the sub- this bill for the Select Committee on leader, Mr. HOYER. committee. And I would indicate to my Climate Change would be about three Mr. HOYER. Mr. Speaker, I want to colleagues that I remain very con- times that amount, $1.2 million. I congratulate Mr. OBEY, who was the cerned about the size of our weapons think we need to go through the reg- ranking member in the last Congress, complex and the lack of progress being ular order there as well. and who worked with Mr. LEWIS to try made to rationalize it in conformity to Mr. OBEY. Mr. Speaker, I yield 1 to pass our appropriation bills and, in existing treaty agreements and current minute to the gentleman from New fact, we passed all but one of the appro- international circumstances. York (Mr. WEINER) for a colloquy. priation bills. Unfortunately, we re- Given this, and several other major Mr. WEINER. As you know, Mr. ported the Labor Health bill, which is initiatives being proposed by the De- Chairman, the President and the Re- the largest bill, other than the Defense partment of Energy, coupled with its publican Congress drastically cut fund- bill, in June, and it failed to ever get to fundamental failure to bring major ing for the highly successful COPS pro- the floor of this House because it in- projects in on time, let alone under gram. In 1999 Congress appropriated cluded minimum wage, and that was budget, I will ask for the subcommittee $1.2 billion for the COPS program, and not favored by the majority. to carefully and judiciously examine funding has plummeted since. The Now that we are in the majority, we all major initiatives being undertaken President has zeroed out this program are left with unfinished business. The so that we may fulfill our responsi- every year since taking office and Con- gentlelady from Virginia mentions cut- bility as good stewards of the people’s gress gave no funding for COPS in ei- ting something. We haven’t cut any- money. ther fiscal year 2006, or in the House- thing. As a matter of fact, we have Mr. LEWIS of California. Mr. Speak- passed SSJC bill for fiscal year 2007. added $1 billion. er, I yield 2 minutes to Mr. WAMP, the While the Office of Justice Programs, If you had passed your appropriation Appropriations Committee ranking Community Oriented Policing Services bills, you may have been able to fund member of the legislative branch. account referenced in section 20901 of at appropriate levels. But you did not Mr. WAMP. Mr. Speaker, the first 100 the continuing resolution today in- pass your appropriation bills. Yet, we hours is over. That was the easy part; cludes other worthy programs, is it hear on the floor today constant com- softballs, for the most part, that you your preference that the additional plaining from the other side of the campaigned on and that many of us funding be used for enhancement aisle that they don’t like the way we joined you on. But this is where the grants which can be used to hire addi- fixed their failures. tough work of governing begins, really, tional police? Well, very frankly, I think the Amer- and I don’t want to join in the blame Mr. OBEY. My preference is that ad- ican public will. First of all, the Amer- game because there is plenty to go ditional funding would be available for ican public will be pleased that we are around from last year and the Senate enhancement grants which can be used acting, that we are moving on this leg- Republicans and this year in this bill. for hiring. But that final decision will islation, which is, essentially, the fund- But as a 10-year member of the Ap- be up to the administration. ing of 9 appropriation bills that failed propriations Committee, I would ask Mr. LEWIS of California. Mr. Speak- to move through the House of Rep- the distinguished chairman of the Ap- er, could I inquire as to how much time resentatives and the Senate and to the propriations Committee to bring this is remaining on each side? President as they should have. legislation to the committee. Don’t The SPEAKER pro tempore (Mr. Mr. OBEY has worked very hard with bring it straight to the floor. $463 bil- SCOTT of Georgia). The gentleman from Senator BYRD. I know Mr. LEWIS’ staff lion worth of spending, and it is not a California (Mr. LEWIS) has 5 minutes, has been very engaged in this as well. CR. It is not a clean CR. A lot of bells 50 seconds. The gentleman from Wis- I know the Senate staff has been en- and whistles here. consin (Mr. OBEY) has 61⁄2 minutes. gaged in it. And I am hopeful that this As a matter of fact, the distinguished Mr. LEWIS of California. Mr. Speak- bill will not only pass this House with chairman is known for carrying pencils er, I yield 2 minutes to the gentlelady a very handy vote. in his coat pocket, and I wonder how from Virginia (Mrs. DRAKE). There are many people in this House, many of those pencils he burned up Mrs. DRAKE. Mr. Speaker, I keep on the Republican side of the aisle who putting this together. It was a lot of hearing from the other side of the aisle asked to achieve exactly what Mr. work. I commend you for this work. that they support our troops. Yet, this OBEY has achieved in this bill. He has But it is a huge shift in priorities and CR removes $3 billion from our troops taken care of the veterans. He has it didn’t come to the committee. So and their families. I offered an amend- taken care of veterans health. He has that is what I would ask is you go ment to fix this and they refused. taken care of, for the first time in 4 through the regular order and let’s not Mr. OBEY. Mr. Speaker, I yield my- years, trying to get college students do this again. self 10 seconds. Pell Grants that will give them some And then let me ask you specifically I, once again, repeat, this bill does additional help to fund their college about the legislative branch portion of not cut BRAC. It adds $1 billion to costs. When we had that vote on the this bill. Page 137, because our chief ad- BRAC. The fiscal 2006 level was $1.5 bil- floor of this House, we had 124 Repub- ministrative officer, I understand, will lion. This bill will have $2.5 billion, and licans join us in that vote. This is one have money in this CR to stand up a we will be adding more in the emer- additional step in trying to get college committee which is controversial, even gency supplemental. students a more affordable education. on your own side, this proposed Select Mrs. DRAKE. Would the gentleman Mr. OBEY has moved in a number of Committee for Climate Change. And I yield for a question? areas to make our investments more would yield the balance of my time to Mr. OBEY. With whatever time I productive and a better return for the you, Mr. Chairman, to ask, is there have remaining of the 15 seconds. American people. And this bill will pro- money in the legislative branch por- Mrs. DRAKE. Well, the article that I vide for getting last year’s business tion of this bill to fund what is not an am reading, not just information that I done that was left undone, so that we authorized committee yet, but the pro- have, is a continuing resolution re- can move on to have what Mr. WAMP posed committee, Select Committee for leased Monday night axes more than wants, and I want, and Mr. OBEY wants Climate Change? half of the money the Pentagon needs and Mr. LEWIS wants. That is, full and I yield to the chairman. to meet its base realignment. open discussion of the bills in sub- Mr. OBEY. The answer is that there Mr. OBEY. With all due respect, I committee, in the full committee and is money, there is adequate money to don’t live in the world of newspaper ar- on this floor. I think that is what we provide for that committee, if, in fact, ticles. We produced this bill. I know will have. it is created. But the formal action on what is in it. I would hope the gentle- But ladies and gentlemen of this creation has not yet taken place. woman would also learn what is in it. House, we need to complete last year’s Mr. WAMP. And reclaiming my time, Mr. LEWIS of California. Mr. Speak- undone business. It wasn’t our fault the Katrina Select Committee on our er, I reserve the balance of my time. that it was not done. But whoever’s

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.075 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1099 fault it was, it is not useful to say that the fact that we stayed within the minority not being able to produce and it is your fault or my fault or some- numbers when you talk about spend- finish their work, it is time for us to body else’s fault. It is useful to say we ing. finish their work so we can move on. need to move forward. We need to fund Secondly, let me say that you and I The President is producing his new government services. We need to fund both served on the Appropriations budget on February 5, which is next the priorities of the American people. Committee for a long period of time. In Monday. We need to clear the decks so That is what this continuing resolution recent years, of course, we have not we can deal with that afresh. does. passed all the appropriation bills in the I ask for an ‘‘aye’’ vote. I congratulate Mr. OBEY, and I urge calendar year, much less the fiscal Mr. DOOLITTLE. Mr. Speaker, I rise today all of our colleagues to support this bill year, and we would pass omnibus ap- to express great concern over the decreased so we can finally, one-third of the way propriation bills with hundreds and funding for the Drug Enforcement Administra- into the fiscal year, finally do what we hundreds of billions of dollars larger tion (DEA) in the Continuing Resolution for should have done by September 30 of than this bill. One was passed January Fiscal Year 2007. Specifically, I am concerned 2006. 31, the other was passed February 5. about the drastic cuts to the Mobile Enforce- Mr. LEWIS of California. Mr. Speak- They were passed as conference reports ment Teams (MET) and the Regional Enforce- er, somewhat responding to the major- with 1 hour of debate and no amend- ment Teams (RET). The MET and RET teams ity leader’s comment, I can’t help but ments, in which substantial legislative are on the front line each and every day as- be moved to say that he suggested di- language had been added in conference sisting state and local law enforcement agen- rectly that Mr. OBEY had spent a good and not vetted on this floor or in com- cies to combat the onslaught of drug traf- deal of time with the gentleman from mittee. ficking. The MET program will be reduced by the Senate, Mr. BYRD, the two Mem- I understand the gentleman’s rep- $30 million and the RET Program will be re- bers involved in this bill, and beyond resentations, but he and I have been duced by $9 million. The priorities in this bill that, a good deal of contact with our here a long time and we have a long do not represent the priorities of this Nation. staff. Beyond those two Members, let history of knowing what has transpired How is it that $50 million can be set aside for me say that this has been a very fine in the past. This is a process that was a rainforest in Iowa in a so-called earmark-free product. It is a staff, nonelected required by the failure of the last Con- continuing resolution, yet the DEA faces a staffperson’s piece of work that in- gress to do its work. It has been done massive reduction? volves $463.5 billion of appropriations. in a way that tries to get it done so The district I represent, California’s Fourth I must say that it is important for that we can get on to do exactly what Congressional District, will feel the effects of me that the body know that I am com- the gentleman wants for the 2008 bills, these cuts. In particular, Nevada County faces a tremendous battle with methamphetamines mitted to reducing the rate of growth give them a full airing, full hearings. every day. Methamphetamines are becoming of spending. $463.5 billion is a pretty And I predict to my distinguished and an epidemic in this country. This reduction in significant rate of growth. very close friend, Mr. LEWIS, we are going to have a lot more hearings as we funding will not only hurt the efforts of law en- b 1500 forcement, but also everyone who lives in a did when we were in charge, we had neighborhood being overrun with drugs and But in the meantime, as we go about more hearings than we have had. reducing spending growth, I will also We are going to have oversight, and drug traffickers. This is the wrong time to be work in a bipartisan spirit to move our we are going to have careful scrutiny cutting the federal government’s primary tool bill through the committee and on of the taxpayers’ dollars. And I look to combat methamphetamine on a local level. Mr. KUCINICH. Mr. Speaker, today Con- time and under budget. forward to joining my friend in that gress is considering a long-term continuing I will not, however, respond to either process in the regular order. We are intimidation or any threats relative to appropriations bill to fund large portions of the doing this so that we can get on to that Federal Government through the end of fiscal the way we are handling the appropria- process to do exactly what the gen- tions process. The Appropriations Com- year 2007. This legislation is necessary be- tleman suggests because it is the right cause Congress did not complete the appro- mittee will not become a small colony thing to do. And I look forward to in the empire of this new leadership. priations process last year. working with him on that process. There are many reasons to support this bill. We renew our commitment to bills Mr. LEWIS of California. Mr. Speak- For example, the bill increases Pell Grant produced by regular order that will er, I yield back the balance of my time. funding to make college more affordable, serve as a credit to our committee, to Mr. OBEY. How much time do I have IDEA funding by $200 million to help our the national interest, as well as to the remaining? neediest students, and Head Start funding by people from our districts we pretend to The SPEAKER pro tempore. The gen- $100 million to give our youngest kids the op- serve. tleman from Wisconsin has 4 minutes portunity to learn. Funding for housing oppor- With that, the leader and I will work and 5 seconds. tunities is increased by $1.4 billion. Without further together on this matter, but I Mr. OBEY. Mr. Speaker, I won’t take the increase HUD would be forced to deny ap- am very concerned about the volume of the full 4 minutes. Let me simply say proximately 220,000 voucher renewals. staff direction here where in the final that it is necessary for the House to The bill also boosts funding for local law en- analysis the people know that they are move forward with this legislation. It forcement by increasing funding for both the not elected representatives of the is easy to nitpick. It is interesting to COPS program and the Byrne Justice Assist- House. me that the minority today has chosen ance Grants which directly impact funding for Mr. Speaker, I reserve the balance of to chastise us for decisions that we local law enforcement efforts. my time. made not to go back 2 years and repeal NASA aeronautics funding, vital to the Mr. OBEY. I yield the gentleman (Mr. some of the mistakes that the minority Cleveland economy, was increased by $166 HOYER) another minute. made when they were in the majority. million over the president’s budget request. Mr. HOYER. I thank the gentleman They argue that we should have done Furthermore, the bill contained an extension of for his comments, but I want to say, that; they argue that we should have the layoff ban, and prevents the NASA Admin- first of all, when he talks about $463 lived with a simple continuing resolu- istrator from gutting NASA Glenn. billion, I read in the newspaper today tion at ’06 levels. If we do that, that I also support the $3.6 billion increase in where OMB was very pleased that we would mean we would not have the veterans healthcare funding that provides stayed within the caps imposed by the added funding for veterans health care, service for an anticipated increase of at least Republican-passed budget. We took the we would not have the added funding 325,000 patients and to meet rising healthcare Republican-passed budget, we took for BRAC, we would not have the added costs. In the same vein, Defense Health Pro- those numbers, we stayed within those funding for the National Institutes of grams are increased by $1.2 billion to provide caps. That is exactly what you did, Mr. Health; we would not be able to raise care for service members and their families— LEWIS, when you were chairman of the the Pell grant by $260 for the maximum including treating service members wounded committee because that was the direc- grant; we would not have the extra in action in Iraq and Afghanistan. tion from the Budget Committee. I am funding for energy research. Our Nation is facing a crisis in healthcare. understanding that the White House I would ask Members to recognize The bill provides necessary relief for the Com- even said that they were pleased with that after a full year of the Republican munity Health Center to finance over 300 new

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 E:\CR\FM\K31JA7.078 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1100 CONGRESSIONAL RECORD — HOUSE January 31, 2007 or expanded health centers, serving an esti- sure that all Americans are counted fairly. In Congress abdicated its duty to be a faithful mated 1.2 million new patients. The bill boosts 2000, the national census missed at least and responsible steward of the public fisc. funding for the Ryan White CARE Grants, the three million people—mostly the poor and mi- They shirked their responsibility to establish National Institutes of Health and the Indian norities. I look forward to working with Ranking the right priorities and make the right choices Health Service. Member MICHAEL TURNER of Ohio and my to serve the American people. They failed to The bill adds $1.3 billion to expand efforts to other Subcommittee colleagues to conduct es- pass nine of the eleven appropriations bills combat HIV/AIDS and TB. At the same time, sential oversight needed to see that this never needed to sustain the operations of govern- $248 million was added to the Agency for happens again. ment for Fiscal Year 2007. International Development Malaria Programs Mr. Speaker, the action we have taken Mr. Speaker, thanks to your superb leader- to expand its bilateral global malaria initiative today will guarantee that we don’t retreat from ship, and especially the extraordinary legisla- activities. the goal of using technology to improve the tive craftsmanship of our remarkable Chair- The bill adds considerable funding for the way we keep track of changes in our popu- man of the Appropriations Committee, we rec- protection of the environment by adding lation. I thank my colleagues for passing this tify these Republican failures today. The Con- $197.1 million for the Clean Water State Re- continuing resolution and will support efforts in tinuing Resolution we take up today, H.J. Res. volving Fund. The revolving fund is distributed the Senate to pass this legislation with the 20, is not the ideal manner to fund the govern- by formula and will fund additional water and same commitment to adequately funding the ment and contains some provisions that each wastewater infrastructure projects in every 2010 Census., of us might not like, unlike the President’s de- state, including Ohio. Ms. JACKSON-LEE of Texas. Mr. Speaker, cision to escalate the war in Iraq, the choices The bill adds $100 million to cover oper- I rise in support of H.J. Res. 20, which among reflected in H.J. Res. 20 represent the best ational shortfalls for parks, refuges, forests other things avert the impeding budgetary train available alternatives out of a universe of and other public lands; including facilities in wreck left by the Republican-controlled 109th worst choices. That is why, Mr. Speaker, I rise northeastern Ohio. Congress. I want to pay particular tribute to to offer my support for the Fiscal Year 2007 The bill adds $1.5 billion for the Energy Effi- Mr. OBEY, the Chairman of the Appropriations Continuing Resolution, and my appreciation to ciency and Renewable Energy Resources pro- Committee for his incredible work in fashioning the leadership, the Chairman and members of gram to accelerate research and development this legislation that will enable us to put behind the Committee, and for all my colleagues who activities for renewable energy and energy ef- us the mess left by last Congress and get on join me in voting for H.J. Res. 20. ficiency programs. to the important business of addressing the Mr. Speaker, H.J. Res. 20, totals $463.5 bil- Finally, the bill forces greater transparency real and pressing needs of the American peo- lion, the amount remaining under the Repub- in the activities of the World Bank, requiring ple. lican budget resolution for the current fiscal them to report public disclosure of loan agree- Mr. Speaker, last November millions of year. Most programs are funded at FY 2006 ments between World Bank and its borrowers. Americans went to the polls to register the levels with increases to cover the cost of pay This sunshine rule will help ensure the World strong disgust with the Republican dominated increases. Of course, it was also necessary to Bank loans are not destructive to third world control of the legislative and executive make additions to maintain staffing levels, nations. branches of our Federal Government. Ameri- avoid furloughs, and generally meet increased Unfortunately, this bill includes over $6 bil- cans were fed up with a Republican Congress lion in nuclear weapons funding that I oppose. costs or workloads for agencies, particularly and its legacy of a culture of corruption, its the Department of Justice, the federal judici- I have voted against the Energy and Water failure to address the pressing needs of the ary, the Social Security Administration, the Appropriations bill, which contains funding for American people, its unwillingness to provide FAA (including air traffic control), international nuclear weapons, since 2002. I cannot bring effective oversight of the executive branch, its peacekeeping operations, the Indian Health myself to vote for any legislation that further fiscal irresponsibility that resulted in record Service, the Food and Drug Administration, endangers the world. I regret not being able to budget deficits and added trillions to the na- and the USDA Food Safety Inspection Serv- vote for all the positive aspects of this bill, but tional debt, and its ability to complete one of ice. my conscience and my concerns about the the most basic tasks of the legislative branch: threat which nuclear weapons pose to the But Mr. Speaker, because the new Demo- to pass the appropriations bills needed to fund cratic majority knows how to, and does not world matter more. the government. Is it any wonder that Ameri- shirk from, choosing wisely and setting the Furthermore, I am concerned about the po- cans were voting for a new way of doing the right priorities, in this continuing resolution we tential loss of jobs in Cleveland relating to the people’s business when they elected the were also able to provide significant new in- BRAC process. I appreciate that the bill con- Democratic majorities in the House and Sen- vestments for high priority needs in many tains additional funds for the BRAC process. I ate? I think not. We Democrats promised a areas, including veterans healthcare and as- urge the Committee on Appropriations to fully new and better direction for America. And we sistance, law enforcement, public health, fund the BRAC process as soon as possible have been delivering. to ensure the additional DFAS jobs can be Mr. Speaker, behold what we accomplished housing and education, scientific research, en- transferred to Cleveland as previously sched- in less than the first 100 legislative hours of ergy independence, transportation, and the uled. our majority. We passed H.R. 1, which imple- environment. Let me discuss briefly some of Mr. CLAY. Mr. Speaker, I rise in strong sup- ments the recommendations of the 911 Com- the more important and beneficial provisions. port of H.J. Res. 20, providing further con- mission; we passed H.R. 2, raising the min- VETERANS AFFAIRS tinuing appropriations for fiscal year 2007. imum wage by $2.10 an hour over three years In the area of veterans healthcare, the reso- I commend the Appropriations Committee and providing a much needed raise to nearly lution provides $32.3 billion, an increase of for working in a bipartisan manner to construct 5 million workers; we passed H.R. 3, which $3.6 billion above the FY 2006 funding levels a resolution that continues to fund the govern- will provide funding for embryonic stem cell re- to provide service for the anticipated increase ment for the remainder of the fiscal year. As search and provide hope for millions of Ameri- of at least 325,000 veteran patients and to Chairman of the Oversight Subcommittee on cans suffering from some of the most debili- meet rising healthcare costs’, especially of our Information Policy, Census, and National Ar- tating illnesses. returning soldiers from Iraq and Afghanistan. chives, I am especially pleased to note that But we did not stop there. We passed H.R. As President Lincoln reminded us 142 years H.J. Res. 20 restores funding that is abso- 4, which requires Medicaid to negotiate lower ago, we have a moral obligation to care for lutely vital to conducting an accurate and cost- prescription drug prices for our seniors and him whom has born the battle, and for his efficient 2010 census. disabled citizens; we passed H.R. 5, which will widow and orphan. We are going to keep that The funding in this bill will enable the Cen- make college more affordable to middle and commitment. sus Bureau to move forward with plans for the working class Americans by cutting the inter- We also provide $21.2 billion, an increase of first-ever automated census in 2010. In addi- est rate on federally insured student loans in $1.2 billion to provide care for service mem- tion to saving time and money, utilizing hand- half; and we passed H.R. 6, which is a sub- bers and their families, including treating serv- held computers will improve accuracy and en- stantial start in making this country more en- ice members wounded in action in Iraq and sure the most precise enumeration possible of ergy independent. Afghanistan. the American people. According to Preston And we accomplished all this, Mr. Speaker, Mr. Speaker, we will never neglect the Jay Waite, Associate Director for the Decen- after draining the swamp and ending the cul- needs of those who proudly don the uniform in nial Census, field trials have resulted in a 91 ture of corruption by adopting the strongest, the defense of the United States. That is why percent accuracy rate. toughest ethics and lobbying rules in history. the resolution provides $13.4 billion to fund As preparations for the 2010 Census pro- Today, we clean up the fiscal mess left by the Basic Allowance for Housing, an increase ceed, active oversight will be important to en- the Republican-led 109th Congress. The last of $500 million. This increased funding is

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That is why it is encouraging to see In the vitally important area of public safety, crease of $206.9 million to finance more than that the resolution provides an extra increase law enforcement, and crime prevention, the 300 critically need new or expanded health $300 million to enable Public Housing Authori- resolution increases the funding for the Fed- centers, serving an estimated 1.2 million new ties (PHAs) to address critical operating needs eral Bureau of Investigation by $216.6 million patients. We also increase Ryan White CARE after last year’s energy hikes saddled them to fully fund 31,359 positions, including 12,213 Grants by $75.8 million to bring it to its author- with $287 million in unexpected utility costs. agents and 2,577 Intelligence Analysts—dou- ized funding level of $1.2 billion. Although this increase is still $672 million short of the total estimated need of $4.5 bil- bling the number of Intelligence Analysts since SCIENTIFIC RESEARCH lion, it will help to restore staff levels, mainte- September 11th. This amount also includes One of the most important investments this nance activities, elderly service coordinators, $100 million to proceed the FBI’s plan to move nation can make to secure its long-term future security officers and equipment. from paper-based case management to elec- is in the area of scientific research. As a long- tronic data sharing. The resolution also in- Also Mr. Speaker, the resolution contains term member of the Science Committee, I am language changing the funding formula for the cludes $147.4 million for counter-terrorism and keenly aware that to keep ahead of our inter- intelligence infrastructure. Section 8 Tenant-Based Program. The current national competitors we cannot scrimp when it formula is based on information from 2004 Mr. Speaker, as a member of the Judiciary comes to expanding the Nation’s intellectual Subcommittee on Crime, Terrorism, and that is out of date and results in some Public capital and knowledge base. That is why the Housing Authorities (PHAs) getting more Homeland Security, I know that investing in resolution wisely funds the National Institutes crime prevention programs is an effective use money then they can spend while others have of Health at $28.9 billion, an increase of less than they need. The resolution corrects of the taxpayers’ precious dollars. That is why $619.5 million. This level of funding reverses I am pleased that the resolution provides $520 this problem by directing HUD to use the most a projected decline in new NIH research recent 12–month leasing and cost data. Last million for Byrne Justice Assistance Formula project awards and supports an additional 500 Grants, an increase of $109 million, and $542 week HUD announced that a similar provision research project grants, 1,500 first time inves- would be included in their 2008 budget re- million for Community Oriented Policing Serv- tigators, and expands funding for high risk and ices (COPS), an increase of $70 million. To- quest to be implemented in 2009. By including high impact research. the language now, 2007 funds will be put to gether these increases are the first step in re- The resolution also provides an additional versing the drastic cuts to State and local law their intended use—funding housing units for $50 million in new funding for the National In- low-income families and individuals rather than enforcement programs made since the Bush stitute of Standards and Technology’s (NIST) administration came into office in 2001. I will sitting unspent. innovation programs for physical science re- TRANSPORTATION GUARANTEES immediately make the request for the U.S. search and lab support for nanotechnology Justice Department to fund the new crime-pre- Next to human capital, few things are as im- and neutron research. Equally important, the portant to the nation’s economic future as is vention needs of Houston. resolution increases provides funding for the Mr. Speaker, as we all know, education is its physical infrastructure, especially its roads National Science Foundation in the amount of destiny. The surest and most certain path to and bridges. That is why it is very good news $4.7 billion, an increase of $335 million. This continued American prosperity lies in an edu- that the federal aid highway program is fully increase is a down-payment towards enhanc- cated citizenry. That is why I am especially funded at the level guaranteed in the ing U.S. global competitiveness by investing in pleased that for the first time in 4 years, the SAFETEA–LU Act by providing an obligation basic science research. maximum Pell Grant has been increased, by limitation of $39.1 billion for FY 2007, $3.5 bil- Mr. Speaker, in an area close to my heart $260 to $4,310. This long-overdue increase lion over the FY 2006 enacted level; and fund- and important to my district, which is often re- will help over 5.3 million students pay rising ing for Federal mass transit programs is in- ferred to as the Energy Capital of the nation, college expenses. creased by $470 million to $8.97 billion to The resolution also provides $10.7 billion for the resolution increases funding to the Depart- meet the transit funding guarantees as re- IDEA Part B State grants, an increase of $200 ment of Energy’s Office of Science by $200 quired by SAFETEA–LU. million to help school districts serve 6.9 million million to support cutting edge research, in- GLOBAL HEALTH children with disabilities and special needs. If cluding new energy technologies such as im- Mr. Speaker, America is a generous and we are going to be serious about leaving no proved conversion of cellulosic biomass to compassionate Nation. That is why it is con- child behind, then we must make sure to ade- biofuels. I also appreciate that the resolution sistent with our values that the resolution in- quately fund special education. increases funding for energy efficiency and re- creases Global HIV/AIDS funding by $1.3 bil- But there is more, Mr. Speaker. The resolu- newable energy resources by $300 million lion to $4.5 billion. This increase will help to tion increases Title I K–12 Grants by $125 mil- which will enable us to accelerate research expand efforts to combat HIV/AIDS, and TB lion and provides more than 38,000 additional and development activities for renewable en- programs including in the 15 focus countries low-income children performing below grade ergy and energy efficiency programs. NASA and the multilateral efforts through the Global level with intensive reading and math instruc- and in particular the Johnson Space Center Fund to Fight HIV/AIDS, TB and Malaria. tion. Thus, we have begun to reverse the de- can be funded by redisbursing funds in the I am proud that the United States is doing cline since 2005 in Title 1 support for elemen- Agency to avoid lost jobs and the stopping of more than its share in helping to eradicate tary and secondary schools at a time of record important work. I will work for the continued malaria, which is still too often an unneces- enrollments (55 million students in 2006) and work of NASA. sarily fatal disease in too many parts of the pressures for more accountability from No HOUSING AND URBAN DEVELOPMENT world. The resolution funds the Agency for Child Left Behind requirements. Mr. Speaker, as Hurricane Katrina laid bare International Development’s Malaria programs The resolution also contains $125 million for all the world to see, affordable housing has in the amount of $248 million, an increase of targeted to the 6,700 schools that failed to for too long been a neglected priority in this $149 million. This will allow U.S. AID to ex- meet No Child Left Behind requirements in the country. The resolution makes a modest but pand its bilateral global malaria initiative activi- 2005–2006 school year, enabling them to im- useful stab at correcting this woeful situation. ties from the current 3 countries to 7. Country plement improvement activities, such as The Section 8 Tenant-Based Program is fund- programs expand access to long-lasting insec- teacher training, tutoring programs, and cur- ed at $15.9 billion, an increase of $502 million, ticide treated bed nets, promote and support riculum upgrades. According to the Depart- which will enable the Department of Housing effective malaria treatment through the use of ment of Education, without this funding more and Urban Development to renew 70,000 proven combination therapies; and increase than 80 percent of high-poverty districts would housing vouchers currently in use by individ- prevention efforts targeted to pregnant be unable to afford these improvements. uals and families. The Section 8 Project- women. The value and efficacy of Head Start is well Based Program is budgeted at $5.9 billion, an MORATORIUM ON DIRECTED SPENDING PROJECTS known and long established. That is why it is increase of $939 million. This much needed Mr. Speaker, the continuing resolution ex- so scandalous that the Bush Administration increase will help HUD renew 157,000 hous- plicitly eliminates directed spending projects has cut this program by 11 percent in real dol- ing vouchers currently in use by individuals (‘‘earmarks’’) for Fiscal Year 2007 and retains lars since 2002. The resolution increases and families. the moratorium on earmarking in place until a funding by $103.7 million to help prevent a Although no one likes to live in public hous- reformed process was put in place. Unfortu- drop in Head Start enrollments. The money ing, we must remember that for millions of our nately, many worthy earmarks are not funded

VerDate Aug 31 2005 05:44 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\CR\FM\A31JA7.067 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1102 CONGRESSIONAL RECORD — HOUSE January 31, 2007 including the Boys and Girls Clubs, America’s Today Democrats are picking up the pieces Handing responsibilities for major budget Promise, and the Thousand Points of Light and leading our country in a new, fiscally re- negotiations to congressional staff for Chair- Foundation. I know many of my colleagues sponsible, direction. men OBEY and BYRD is an abdication of re- are disappointed that the budgetary mis- This CR eliminates all earmarks, suspends sponsibility. It also sets the stage for corrup- management by the Republican-controlled the Congressional pay raise and provides crit- tion on many levels. These staff-level negotia- 109th Congress necessitated this draconian ical increases to a number of important pro- tions were unknown to the public and the ma- measure. In spite of this prohibition I will fight grams this year. jority of elected Members. I am deeply con- to secure funding for the TSU Lab School and In particular, I want to thank Chairman OBEY cerned that damage and corruption to our other projects. and my colleagues on the appropriations com- laws will occur if Members of Congress are But I take some consolation in Chairman mittee for providing over $4.7 billion for our not thoroughly involved in the creation of legis- OBEY’s assurance that earmarks included in global AIDS, tuberculosis, and malaria pro- lation and knowledgable about the contents of this year’s appropriations bills will be eligible grams in FY07. This money will ensure the bills brought to a vote. for consideration in the 2008 process, subject continued scale-up of these programs and will In addition, allowing only 1 hour of debate to new standards for transparency and ac- provide lifesaving anti-retroviral therapy to an- and no opportunity for amendments on major countability and that the Committee and lead- other 350,000 people this year. $463.5 billion legislation that Members had ership will work to restore an accountable, I am also very pleased that the Department only 1 day to review is further evidence of the above-board, transparent process for funding of Housing and Urban Development (HUD) will majority party’s lack of consideration for our decisions and put an end to the abuses that receive an increase of $300 million for its pub- system of government and the responsibilities have harmed the credibility of Congress. lic housing operating fund. This money will of elected Members. I also wish Congress had help the Oakland Housing Authority in my dis- Although the resolution eliminates earmarks completed the budget process last year, but trict to keep our public housing units open so for the current fiscal year, I note Mr. Speaker, this fact does not excuse the closed process that we can provide stable housing to thou- that the resolution will, however, continue to used to write H.J. Res. 20 this week. sands of low-income individuals and families help State and local governments meet the I sincerely hope the majority party will begin who are in need. including elected Members of Congress in the needs of their communities by providing fund- Additionally the $1.4 billion increase for Sec- ing for grants through authorized discretionary process of lawmaking, as the Constitution in- tion 8 housing programs and the change in tended, and as the American people rightly and formula programs including Teacher In- formula will provide housing assistance for a centive Grants, Corps of Engineers programs, expect. Our system of government of the peo- quarter of a million people and help California ple, for the people, and by the people de- Military Construction, Department of Energy get its fair share of funding to reflect rising pends upon our ability to work together to ac- science programs, Agricultural Research Serv- rental costs in our state. complish the business of the American people. ice operations, and the USDA Cooperative Although not perfect, today’s CR sends a State Research, Education, and Extension very powerful message that the Democratic I urge my colleagues from both sides of the Service. Congress is strongly committed to helping aisle to join me in calling for a return to the Mr. Speaker, perhaps the most compelling those who are most vulnerable in a fiscally re- regular committee process and more fair and reason for supporting H. Res. 20 is that stated sponsible manner. open debate of legislation with opportunities to by Chairmen OBEY and BYRD in their Joint Although we have still got a long ways to go offer amendments. Statement of December 13, with which I close: to re-order our Nation’s priorities, this CR is Mr. HOLT. Mr. Speaker, I rise in reluctant There is no good way out of the fiscal the first step. I urge my colleagues to support support of H.J. Res. 20 the Continuing Reso- chaos left behind by the outgoing Congress. it. lution for FY 2007. Mr. Speaker, this is not the Indeed, this joint resolution provides the Ad- Mr. TERRY. Mr. Speaker, I rise in strong bill that I or any of my colleagues wish we ministration far too much latitude in spend- opposition to the process used by the majority were voting on today. This bill eliminates all ing the people’s money. But that is a tem- party to write and debate the bill under consid- earmarks, some for worthy projects like job porary price that we will pay in order to give eration today. training, community-based healthcare, and the President’s new budget the attention and Ranking minority members were not con- boys and girls clubs. I had hoped that each of oversight it deserves and requires, and so the eleven FY 07 appropriations bills would that we can begin work right away at put- sulted on this legislation or provided an oppor- ting the people’s priorities front and center. tunity for input. In fact, most of the majority have passed separately into law last year, with We, in the new Congress, have a responsi- party’s own members had no input in this proper funding increases to ensure that we bility to build the foundation for a better fu- process. Appropriations Committee Chairman are investing for the future. Unfortunately, the ture. We cannot begin that work until we fix DAVID OBEY instead directed his staff mem- last Congress only passed two. the problems left behind by the Republican bers to write major budget legislation behind The last Congress failed at this, and we are Congress. So, we must turn the page on the closed doors without involving elected Mem- left now left to pass a continuing resolution for Republican failures and work together in the bers of Congress. It appears staff members of the rest of FY07 without the detailed fine-tun- best interests of the American people. Senate Appropriations Committee Chairman ing and funding increases the bills normally Mr. Speaker, I urge all members to support BOB BYRD conducted negotiations on behalf of contain. The Republican failures on the budget H.J. Res. 20 so we can move forward and at- the Senate. created the worst budget mess since the Gov- tend to real and pressing needs of the Amer- As reported in CongressDaily AM today, ernment shut down in 1996. It is no wonder ican people. ‘‘most of the negotiations were conducted by that the debt has increased by more than $3 Ms. LEE. Mr. Speaker, I rise in support of staff.’’ This information came from Chairman trillion since Republicans took control of the the continuing resolution. OBEY, who also said that Members of Con- Government. Today we are in this colossal mess because gress only became involved in the negotia- The funding of scientific research is crucial last year’s Republican Congress failed to do tions ‘‘when matters became difficult.’’ Let me to our competitiveness, economic well-being, its job. repeat that: Unelected congressional staff for and quality of life. Flat funding in the context Instead of passing the necessary spending Chairmen OBEY and BYRD conducted negotia- of inflation is difficult for everyone, but it is bills to fund our Government, Republicans de- tions on 9 of 11 major spending bills that particularly damaging to scientific enterprise. cided they would rather pass the buck. make up the annual budget of the United Scientific budget items must change dramati- Instead of owning up to their failure today, States Government. cally each year as large projects with short Republicans are crying foul! What hypocrisy Why do we have an Appropriations Com- lives are constructed, go into operation, and Mr. Speaker! mittee if the committee members have no are replaced. This year would be a particularly Under Republican rule we have seen our input in the appropriations process? I propose bad time for flat funding in the sciences. We country’s finances literally flushed down the the next legislation this Congress should de- have new international commitments to energy toilet. Our Nation’s debt grew by over $3 tril- bate is a bill to dissolve the House Appropria- research and new national projects that have lion thanks to the Republicans. They passed tions Committee. It is clearly unnecessary completed construction and require operating massive tax cuts for the ultra rich. They got rid since major budget negotiations can be con- budgets. We also have unprecedented and of common sense pay-as-you-go rules. And ducted by staff instead of elected Members. much-needed consensus to increase funding they started a completely unnecessary war in Apparently, the Appropriations Committee con- in the sciences to keep pace with our inter- Iraq, whose true cost of nearly $450 billion, sists entirely of Chairman OBEY, who can sin- national peers. To this end, wrote with two they have tried to hide from taxpayers. gle-handedly dictate the legislative process others letters to the Appropriations Committee They had their chance to try and make and assign his staff to take the place of elect- raising concerns about the impact of flat fund- amends last year, but they failed to act. ed Members of Congress. ing on the Department of Energy’s Office of

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I look forward spection Service would have faced a month of gress is elected to do. to increased funding for research at NSF and furloughs, resulting in the closure of 6,000 Mr. UDALL of Colorado. Mr. Speaker, there for fusion energy in the FY 08 appropriations. meat processing plants; the federal judiciary are many things that can be said against this I would like to point out a few positive points would have had to fire 2,500 workers; and the continuing resolution, as the House has heard in the bill. This bill provides for a $3.6 billion Princeton Plasma Physics Lab and other re- during today’s debate. But after all those increase over last year’s level for VA search facilities would have had to stop things have been said, I am convinced the healthcare funding. I’m pleased that this in- projects and layoff scientists. I ask my col- only responsible choice is to vote for it—and crease will make it possible for us to provide leagues to pass this bill so that we can begin I will do so. services for an additional 325,000 patients in the FY 08 appropriations and make more im- In fact, it was the failure of responsibility on the VA medical system, and to meet rising portant investments in our future. healthcare costs as have more returning vet- the part of last year’s Republican leadership in Mr. STARK. Mr. Speaker, I rise today in Congress that brought us to where we find erans than any time since the Vietnam era. support of cleaning up the Republicans’ mess. I’m also pleased that the bill includes some $4 ourselves today. If they had done their job of The previous Congress failed to pass 9 of 11 developing and enacting the legislation to fund billion for our housing program for military appropriations bills, creating the worst budget families. These gains are important, but we the essential functions of government, it would mess since the Government shut down in have much more to do. As we begin looking not be necessary for us to be acting now to 1996. make up for their failures. at funding priorities for fiscal year 2008 and Today’s resolution is far from perfect. But beyond, I believe it is imperative that the Con- while adhering to the spending limit in the Re- In fairness, much of the blame rests with the gress finally meet America’s obligation to pro- publican budget, it provides significant funding Republican-led Senate. While the House last vide for full funding of our veterans’ health increases to several important programs. year did pass all but one of the regular appro- care system. VA hospital and clinic administra- First, the continuing resolution for fiscal year priations bills, only two of those bills ever re- tors cannot provide consistent, quality services 2007 provides housing assistance to 227,000 ceived a final vote in the other body—and only and proper continuity of care over time unless people through a $1.4 billion increase for sec- those two were enacted into law. they know how much money they have to tion 8 housing programs. Second, it finances But even here in the House, the Republican work with. The existing discretionary appro- construction of hundreds of new community leadership never even brought to the floor the priations process for VA healthcare is not health centers and improvements to existing bill to fund the Departments of Labor and working, and only a move to mandatory fund- facilities. Third, today’s bill increases funding Health and Human Services—not before the ing can solve this chronic problem. I look for- for Head Start by $104 million to help prevent election, evidently because they did not want ward to voting for such a proposal this year. to have to discuss it during their campaigns, The bill raises the maximum Pell grant a drop in enrollments. Fourth, it raises the maximum Pell grant by $260, which will help but not even in the lame-duck session last award from $4,050 to $4,310. This increase, year. the first in 4 years, recognizes the essential more than 5.3 million students afford college. Given the situation the resulted from their role of the Pell grant program in improving ac- It’s time to get to work on the people’s busi- predecessors’ failure, Chairman OBEY and his cess to higher education and as a critical com- ness. Cleaning up a mess is never fun, but colleagues on the Appropriations Committee ponent in comprehensive efforts to address because Republicans failed to take ‘‘personal college affordability. For years under Repub- responsibility’’ for this year’s budget, it is nec- decided that the best way to proceed was to lican leadership, Congress all but ignored the essary. I urge my colleagues to vote ‘‘yes.’’ bring forward this long-term continuing resolu- growing college cost crisis that was preventing Mr. ORTIZ. Mr. Speaker, today is a day tion, intended to complete action on appropria- many qualified students from going to college. when being in the majority is about paying for tions for the remainder of this fiscal year, and Now, in just the first month of this new Demo- the very long list of mistakes from the last then to begin work on the appropriations bills cratic Congress, the House has already voted (Republican) Congress that simply refused to for the fiscal year that lies ahead. overwhelmingly to cut interest rates on need- pay the bills. I support that decision, and I will support based Federal student loans. And we have Well, this Congress will not proceed down this continuing resolution. another major step towards putting a college that road. Before we can begin the regular There are parts of it that I think fall short of education within reach of every qualified stu- funding process, we have to pay the bills the what should be done in a number of areas. dent by boosting the Pell grant scholarship by last Congress ran up, then did not pay. That’s But there are other parts that I strongly sup- $260. where we are today. And it is a position none port, including the provision that withholds any The bill also increases Title I school funding of us are happy about. increase in the pay of Members of Congress— by $125 million, bringing total funding from There is a long list of items that should be something that I think is overdue. in this CR that would have benefited the peo- $12.7 to $12.8 billion. The proposed increase More than a year ago—in October of ple in my south Texas Congressional district, would reverse the decline in Title I funding 2005—I urged the House’s conferees to agree but since the previous Congress could not be since 2005 and would allow additional reading to a Senate amendment to the fiscal year bothered to pay the bills, we will have to begin and math services for some 38,000 eligible 2006 appropriations bill that would have with- again to put these in our appropriations bills children. I also support the proposed $125 mil- held a cost of living raise for Members of Con- this year. lion for the Title I school improvement fund. gress. I regret that my plea was in vain, be- These funds, if passed would be targeted to Among the many items that will now go un- funded is an improvement to help speed up cause I think we should be prepared to do our the 6,700 schools designated as needing im- part when our country is at war, our homeland provement under No Child Left Behind, there- repair of helicopters coming home from and going back to Iraq and Afghanistan at the Cor- security must be improved, and the federal by allowing them to implement professional budget remains deep in deficit. development initiatives, tutoring programs, and pus Christi Army Depot. Withholding a congressional pay raise will other improvements designed to raise student The items that this CR is not funding are not make only a small change in the budget be- achievement. the wasteful spending that characterized the The bill also spends $4.5 billion, an increase last several Congresses. The items we are cause the amount involved is minor compared of $1.3 billion, to expand efforts to combat cutting here are important national priorities for with other expenditures. However, I think it is HIV/AIDS and TB programs, including in the the health, education and well being of our an appropriate first step for Members of Con- 15 focus countries and the multilateral efforts children and the less fortunate among us, as gress to forego this increase in our pay, and through the Global Fund to Fight HIV/AIDS, well as defense priorities for the Nation. I am glad this legislation will have that effect. TB, and Malaria. The bill also spends $248 Just this morning, I chaired my first Readi- I also am very pleased that the resolution million, an increase of $149 million, to allow ness Subcommittee hearing—a joint hearing includes $300 million in additional funding for the Agency to expand its bilateral global ma- with Tactical Air and Land Subcommittee— the Department of Energy’s Energy Efficiency laria initiative activities from the current three where we heard time and time again about and Renewable Energy, EERE, programs. My countries to seven. how much more help the depots needed to re- colleague Representative PERLMUTTER and I The chairman deserves ones thanks for ne- pair the equipment our soldiers in the field worked hard to get this funding included in the gotiating a bill better than a traditional con- need so very much. legislation, and I intend to work closely with

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 9920 E:\CR\FM\A31JA7.072 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1104 CONGRESSIONAL RECORD — HOUSE January 31, 2007 our colleagues in Congress and with the De- Funding for NOAA under previous con- first step on a better, more responsible ap- partment of Energy to ensure that the re- tinuing-resolution levels saw significant de- proach to carrying out our duties as legisla- search programs carried out at National Re- creases, so I am pleased that overall the tors. I urge approval of the joint resolution. newable Energy Laboratory, NREL, in Colo- agency will see a return to the funding levels Mr. LEVIN. Mr. Speaker, I rise in support of rado benefit from a good deal of those funds. provided for fiscal year 2006. However, it is the resolution before the House. Despite the importance of NREL’s work, flat unclear how this will be distributed, and so Few will take any great satisfaction with the or decreased funding for NREL in recent there is a possibility that many important pro- manner in which the Congress is at last com- years—coupled with earmarks and inflationary grams will not be adequately funded. I believe pleting the budget process for 2007. This work cost increases—has effectively reduced the that we will have to work to address these was supposed to have been completed 4 funding for renewable energy research, which issues when we consider the appropriation months ago. It is important for everyone to un- has led to a continuing struggle for needed re- bills for fiscal year 2008. derstand how we got to this point and why we sources and great instability at the lab. This in NIST also has a significant presence in Col- are forced to take the extraordinary step of ap- turn has severely affected the lab’s ability to orado. The NIST facilities at Boulder have proving a continuing resolution to fund nearly develop new technologies and continue the contributed to great scientific advances, but every domestic program for the balance of this United States’ leadership in renewable energy these facilities are now over fifty years old and fiscal year. technologies. The boost for EERE funding in have not been well maintained. Many environ- We are here today because the Republican this bill could go a long way toward helping mental factors such as the humidity and vibra- majority that controlled the House last year NREL regain its critical momentum. tions from traffic can affect the quality of re- failed to do its work. Last May, they voted for The parts of the legislation dealing with de- search performed in the NIST labs. Scientists a budget resolution that was so unrealistic that fense and national security include increased have difficulty conducting cutting edge re- not even they could find a way to live within funding for defense health programs, for basic search in labs that have leaking roofs. NIST it. As a direct result after 8 months, the former allowance for housing, and for two important has included building renovations as a priority majority was able to complete action on just 2 Department of Energy nonproliferation pro- in past budgets, yet the final budgets have in- of the 11 regular appropriations bills. Then, in grams—the International Nuclear Material Pro- cluded so many earmarks that the agency’s early December, the outgoing leaders of the tection and Cooperation program, which se- needs have not been met. The absence of House and Senate decided to punt on the re- cures weapons-grade nuclear materials in the similar earmarks from this resolution means maining funding bills, pass a stopgap spend- former Soviet States, and the Global Threat that NIST may finally be able to address some ing bill to keep the Government operating through February 15, adjourn the Congress, Reduction Initiative, which secures high-risk of its most dire needs, including renovations of and leave town. nuclear material around the world. the Boulder facilities. I will work to ensure that It also includes $2.5 billion for implementa- So now it is up to the new Congress to much of the nearly $60 million in the NIST tion of a round of military base closures au- clean up this budgetary mess as best we can, construction budget will be dedicated to ren- thorized in 2005. While the $2.5 billion is an and that’s what the bill before the House does. ovating these facilities. increase from the funding provided for fiscal It is an imperfect solution. There are any num- The appropriators had many tough choices year 2006, it will still leaves us $3.1 billion ber of programs that deserve a lot more fund- to make with regards to funding the National short of meeting our Base Realignment and ing than we are able to give them here today. Aeronautics and Space Administration, NASA. Closure, BRAC, commitments and nearly $1 We are still constrained by the overall funding Balancing the needs of the different NASA billion short of the funds needed for military levels adopted in last year’s budget resolution, programs is critical and I appreciate that the construction projects. Since the Army links its a budget that not a single Democrat voted for. appropriators realized that congressional intent military construction and troop movement At the same time, I am glad that the measure needs to be clear and specific to ensure that plans to BRAC implementation, this shortfall we are considering today manages to increase no one program is completely devastated by could have broad impacts on the rotation and funding in a number of priority areas, espe- funding cuts. While I am pleased that the de- return of troops and the building of new bri- cially veterans health care, medical care for gades. cline in aeronautics research funding will be U.S. troops wounded in Iraq and Afghanistan, It has been indicated that additional needs halted, I am also concerned about the cuts to the Federal highway program, medical re- for BRAC and military housing will be ad- the science and exploration programs, as well search at the National Institutes of Health as dressed in the supplemental war spending bill as to the space operations. It is not yet clear well as some key education programs. I also we will soon consider in Congress. I hope that how NASA will accommodate these cuts. applaud the decision to put a moratorium on will be the case, and will work to achieve that NASA is important to the Nation, and I will Members’ earmarks until a reformed process result as well as to ensure that the Defense continue to push for adequate funding from is put in place to provide an accountable and Department takes into account Colorado prior- my position as chairman of the Space and transparent process for funding these projects. ities as it makes the hard choices about which Aeronautics Subcommittee of the House Even so, some of my colleagues on the military construction projects to fund. Science and Technology Committee. other side of the aisle have gotten up to com- I also am pleased that Chairman OBEY and Education is vital to our country’s youth and plain that we should have done better. They his colleagues recognized the importance of our economic future and I am pleased that the want less spending in some areas and more science programs across different agencies, appropriators have provided several important spending in others. After sitting on their hands allowing for increases at the Department of programs with funding increases that will help for 8 months last year, they now object to the Energy’s Office of Science, the National keep our country strong. These include in- procedure we’re using to clean up the mess Science Foundation, and the National Institute creases above the fiscal 2006 funding levels they made. It is unfortunate that the people of Standards and Technology, NIST. for Pell Grants, the Individuals with Disabilities who are complaining the loudest today were However, I am greatly concerned about the Education Act, IDEA, and Head Start. Further- unwilling to convince their own leadership to impact this resolution could have on the Na- more, the appropriators made a step in the make these spending decisions last year by tional Oceanic and Atmospheric Administra- right direction by increasing funding in Title I passing the individual funding bills on time and tion, NOAA. of the No Child Left Behind Act, NCLB. getting them to the President for his signature. In my district, NOAA operates the Earth And I am pleased that by this resolution the The reality is that we are already 4 months System Research Laboratory, which has the Federal-aid highway program, in the Federal into fiscal year 2007. There isn’t time to spend largest concentration of NOAA research staff Highway Administration, is fully funded at the another month or two debating spending bills in the Nation—300—as well as the largest level guaranteed in the Safe, Accountable that should have been completed last Sep- concentration of university staff funded by Flexible, Efficient Transportation Equity Act: A tember. The agencies and the States have NOAA research, for a total of 1,000 Federal Legacy for Users, SAFETEA–LU, with an obli- waited long enough for Congress to act, and and contract employees. NOAA’s programs in gation limitation of $39.1 billion for fiscal 2007, the President is submitting his 2008 budget re- Boulder include the Space Environment Cen- $3.5 billion over the fiscal 2006 enacted level. quest to us next week. It’s time for Congress ter, which provides essential space weather So, in conclusion, Mr. Speaker, I think to complete this work. forecasting services; the NOAA Profiler Net- Chairman OBEY and his colleagues deserve Mr. ETHERIDGE. Mr. Speaker, I rise in re- work, which gathers key weather information the thanks of the House for the work they luctant support of House Joint Resolution 20 for a range of other agencies, including the have done to clear away the rubble left by the to fund the essential services of the Federal Departments of Defense and Transportation; Republican leadership last year and to replace Government through September 20 of this and the National Geophysical Data Center, the it with a firm foundation on which to build in year. world’s largest archive of geophysical data on the future. Adoption of this resolution will write On November 7, the American people voted observations of earth from space. an end to last year’s sorry story and take the to fire the former Republican majority for gross

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\CR\FM\A31JA7.075 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1105 mismanagement of the Nation’s finances and be debated for only one hour. In October the famed $50 million Rainforest in Iowa project. woeful neglect of the priorities of the American Democrats promised the American people in- That $50 million could instead have been allo- people. This imperfect legislation is necessary creased transparency and accountability, but cated to improving adaptive housing for dis- to clean up the mess the former majority left apparently, these promises are hard to keep in abled veterans. This bill also funds assistance behind. January. to Independent States of the former Soviet Mr. Speaker, the former Republican majority While there are billions of dollars being Union at a level that is $11 million above the passed only 2 of the 11 bills necessary to fund spent without oversight or accountability, the Administration’s request. Had this bill been the discretionary accounts of the Federal Gov- omnibus also includes a provision that will considered in Committees, we may have been ernment. Failing to pass their obligatory legis- alter the formula for distributing Section 8 able to determine that this $11 million excess lation by October 1, 2006, the former majority housing funds. The current formula bases may be better spent on rehabilitation programs passed a stopgap measure to keep the Gov- funding on an average of funding levels for for blind veterans. Finally, instead of allocating ernment functioning when they adjourned the May, June and July of 2004 with adjustments $316 million for ‘‘Corporation for National and 109th Congress. Our new Democratic majority for inflation. Community Service, Domestic Volunteer Serv- was left with the unfinished business of the fis- The altered formula contained in the omni- ice Programs,’’ which includes funds to pay cal year 2007 appropriations legislation. Today bus bill will base funding levels on the pre- people to volunteer in the Americorps pro- marks the 123rd day since the start of fiscal vious twelve months funding, accounting for gram. We could have used some of that year 2007, and the President’s 2008 budget inflation. The formula change will cut signifi- money to increase the medical care for spinal request is scheduled to be delivered to this cant amounts of funding for more than half of cord injured veterans, or increasing benefits Congress on Monday. Now is the time to fin- our nation’s public housing authorities. for survivors of service members who have The formula change would result in a de- ish last year’s work, so we can move on to the sacrificed and given their lives in this Global crease in funding for three of the four major essential work at hand to deliver a new direc- War on Terror, defending the safety and free- public housing authorities in my District. The tion for the American people. dom enjoyed by all of us back here in the Covington Housing Authority would lose Although I am disappointed that funding pri- States. This CR also breaks the Nation’s obli- $197,321, the Ashland Public Housing Author- orities for our districts were left out of this bill, gation to provide soldiers and families ade- ity would lose $75,578, and the Maysville it is important to note several important im- quate quality of life—affects the all volunteer Housing Authority would see a loss of provements this bill makes over previous force and unravels the Army’s synchronized year’s appropriations. For example, H.J. Res. $71,274, which is 23.4 percent of its operating budget. These housing authorities provide crit- stationing and BRAC plan. 20 will raise the maximum Pell grant award Mr. OBERSTAR. Mr. Speaker, today I rise ical services to my constituents and an unex- from $4,050 to $4,310, the first increase in 4 in support of H.J. Res. 20, the Revised Con- pected funding cut like this will only worsen years of this critical effort to make college tinuing Appropriations Resolution for Fiscal the already poorly funded public housing sys- more affordable for working families. The bill Year (FY) 2007. I commend Chairman OBEY increases special education funding under the tem. Changing the formula for Section 8 is a and our House Leadership for bringing this Individuals with Disabilities Education Act, topic that deserves debate, but the formula in- Joint Resolution to the floor. While a Resolu- IDEA, by $200 million. This Continuing Reso- cluded in the Democrats’ omnibus spending tion such as this is not the ideal way to fund lution will increase low-income public schools’ bill has yet to see the light of day in either the Government programs, the failure of the last Title I funding by $125 million and thereby re- House Financial Services Committee or, until Congress to complete its work left us with no verse the decline in Title I education funding. now, on the House floor. Changing the for- viable alternative. In a very limited amount of Even with these increases, Federal investment mula midway through the year without debate time, the Appropriations Committee has done in education continues to lag far behind the or discussion is an unwise move and would yeoman’s work to bring the FY 2007 appro- levels needed to create a first-class school wreak havoc on our public housing system. priations cycle to a close in the Resolution that system for the 21st century, and I look forward Contrary to claims made by Democratic is before us today. to working to address these shortfalls in the leaders, it has been discovered that this bill Many difficult choices had to be made in fiscal year 2008 appropriations legislation. contains numerous hidden earmarks that this Joint Resolution. I am pleased that one of I am concerned about the military construc- Democrats apparently hoped to ram through those choices was to fund highway, transit, tion projects left out of this legislation, and I the House without debate. It is in the interest and highway safety programs at the levels want Congress to work on a bipartisan basis of the American people that we ask our col- guaranteed by the Safe, Accountable, Flexible, to address this problem in the fiscal year 2007 leagues across the aisle what else is buried in Efficient Transportation Equity Act: A Legacy supplemental appropriations legislation. This the 135 pages of this bill that will harm real for Users (SAFETEA–LU). Under H.J. Res. bill includes an important increase of $3.6 bil- people in our districts without ever having 20, highway programs will be funded at lion for veterans health care to meet the been debated in this House? $38.962 billion, an increase of $3.411 billion needs of an additional 325,000 patients, and it Mr. STEARNS. Mr. Speaker, this omnibus over FY 2006 enacted levels; transit programs increases funding for health care services at appropriations bill we consider on the floor will be funded at $8.975 billion, an increase of the Department of Defense by $1.2 billion, in- today is not a typical Continuing Resolution, $470 million over FY 2006; motor carrier safe- cluding treating soldiers wounded in action in but changes funding levels and re-prioritizes ty programs will be funded at $520.5 million, Iraq and Afghanistan. The CR also increases projects from prior years. This CR is the long- an increase of $30 million over FY 2006; and funding for the basic allowance for military est in recent history. Most of them are 1–2 highway safety programs will be funded at housing by $500 million. Finally, the bill in- pages. This is 137 pages. Some of these $821 million, an increase of $14 million over creases funding for intelligence analysts at the changes are controversial as well as com- FY 2006. FBI that are critical to protect the American plicated, and I feel that the whole House These programs are funded by highway people from the terrorist threat as well as in- would have benefited from a thorough ap- user revenues that have been deposited into creasing funding for COPS local law enforce- praisal of these proposals, a vigorous com- the Highway Trust Fund, where they are held ment. mittee process, so that all Members would in trust for the purpose of meeting our surface Mr. Speaker, as a new member of the have been fully apprised of the nuances and transportation infrastructure needs. These House Budget Committee, I have learned over we could pass a wellthought out, carefully needs are reaching crisis proportions. Conges- the past several weeks that the budget mess crafted omnibus spending bill. However, I was tion has worsened dramatically in recent created by the former majority is far worse pleased that the crafters of this bill saw fit to years. In 2003, traffic congestion cost motor- than the American people know. It will take a include funding levels for Veterans’ Affairs that ists $63.1 billion in terms of wasted time and lot of hard work to restore order to our Na- come close to what the House Republicans fuel. tion’s books. H.J. Res. 20 is the first nec- passed in the last Congress, and funding lev- In addition to meeting our infrastructure in- essary if unpleasant step in that vital effort. I els close to the Administration’s request. How- vestment needs, the highway and transit fund- urge my colleagues to join me in voting for ever, they should be higher. I do lament that ing levels set by this Joint Resolution will cre- this legislation. the priorities of the current leadership to con- ate an additional 192,000 family-wage con- Mr. DAVIS of Kentucky. Mr. Speaker, I rise tinue funding ineffective and wasteful pro- struction jobs. today to express my opposition to the Demo- grams have limited the amount of available I would also like to mention one aviation-re- crats’ omnibus spending bill. The text of this funds that could improve the quality of life for lated matter. Under the previous Continuing legislation that would spend more than $463.5 our brave veterans even more. Resolution, there was a technical anomaly that billion in taxpayer dollars was first distributed For example, this bill does not eliminate 28 had the effect of reducing the amount of Air- to the minority less than 48 hours ago and will earmarks totaling $70 million, including the port Improvement Program contract authority

VerDate Aug 31 2005 05:44 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 9920 E:\CR\FM\A31JA7.097 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1106 CONGRESSIONAL RECORD — HOUSE January 31, 2007 well below the intended program level. I am propriations Committee for their assistance in ture investments have on our nation’s econ- pleased that H.J. Res. 20 corrects this anom- this matter. omy, our competitiveness in the world market- aly, and further, ensures that the full amount All too often, long-term investments in our place, and the quality of life in our commu- of contract authority that is authorized for the nation’s infrastructure are short-changed in the nities. Again, I applaud Chairman OBEY and face of the more immediate need to fund day- Airport Improvement Program in FY 2007 re- House Leadership for recognizing the value of to-day operations. This Joint Resolution avoids mains available. This will set the stage for a such a short-sighted approach. Instead, it fully funding highway and transit programs, successful reauthorization of Federal aviation takes a longer-term view and recognizes the and I urge my colleagues to support the Joint programs later this year, and I thank the Ap- far-reaching effects transportation infrastruc- Resolution. COMPARISON OF DISTRIBUTION OF FY 2007 HIGHWAY FUNDING UNDER H.J. RES. 20 (SAFETEA–LU LEVELS) AND A FREEZE AT FY 2006 ENACTED FUNDING LEVELS*

Estimated FY 2007 Estimated FY 2007 Increase in highway State based on FY 2006 based on H. J. Res. funds under H. J. Job gains enacted level 20 Res. 20

Alabama ...... 548,699,954 600,869,788 52,169,834 2,478 Alaska ...... 250,266,768 270,731,918 20,465,150 972 Arizona ...... 538,528,974 593,277,405 54,748,431 2,601 Arkansas ...... 347,184,100 381,949,909 34,765,809 1,651 California ...... 2,408,038,182 2,680,526,468 272,488,286 12,943 Colorado ...... 360,141,090 400,663,892 40,522,802 1,925 Connecticut ...... 366,382,281 402,325,874 35,943,593 1,707 Delaware ...... 109,353,384 121,131,724 11,778,340 559 District of Columbia ...... 111,043,293 123,804,359 12,761,066 606 Florida ...... 1,406,290,504 1,544,927,499 138,636,995 6,585 Georgia ...... 969,691,811 1,067,010,791 97,318,980 4,623 Hawaii ...... 115,267,040 127,596,268 12,329,228 586 Idaho ...... 203,333,283 222,829,360 19,496,077 926 Illinois ...... 910,387,767 1,010,811,302 100,423,535 4,770 Indiana ...... 704,288,252 775,353,318 71,065,066 3,376 Iowa ...... 295,143,803 330,589,700 35,445,897 1,684 Kansas ...... 278,297,493 309,772,956 31,475,463 1,495 Kentucky ...... 472,046,550 520,949,132 48,902,582 2,323 Louisiana ...... 428,615,786 474,862,364 46,246,578 2,197 Maine ...... 122,527,132 136,355,671 13,828,539 657 Maryland ...... 441,365,185 490,032,577 48,667,392 2,312 Massachusetts ...... 451,909,116 501,926,732 50,017,616 2,376 Michigan ...... 821,004,265 909,761,902 88,757,637 4,216 Minnesota ...... 437,257,769 485,442,279 48,184,510 2,289 Mississippi ...... 329,837,415 367,059,847 37,222,432 1,768 Missouri ...... 645,399,673 711,268,494 65,868,821 3,129 Montana ...... 262,635,121 287,386,573 24,751,452 1,176 Nebraska ...... 201,576,731 223,867,736 22,291,005 1,059 Nevada ...... 189,509,480 210,350,302 20,840,822 990 New Hampshire ...... 124,655,305 137,769,576 13,114,271 623 New Jersey ...... 742,676,203 822,265,394 79,589,191 3,780 New Mexico ...... 263,313,362 290,194,749 26,881,387 1,277 New York ...... 1,235,368,254 1,366,155,757 130,787,503 6,212 North Carolina ...... 790,657,686 872,183,722 81,526,036 3,872 North Dakota ...... 170,820,553 189,098,718 18,278,165 868 Ohio ...... 1,003,336,242 1,109,710,100 106,373,858 5,053 Oklahoma ...... 417,430,679 459,904,524 42,473,845 2,018 Oregon ...... 312,842,891 347,410,836 34,567,945 1,642 Pennsylvania ...... 1,231,575,368 1,357,719,130 126,143,762 5,992 Rhode Island ...... 138,243,095 154,154,462 15,911,367 756 South Carolina ...... 463,551,501 511,384,433 47,832,932 2,272 South Dakota ...... 183,777,294 202,845,805 19,068,511 906 Tennessee ...... 608,526,292 672,761,834 64,235,542 3,051 Texas ...... 2,336,793,323 2,574,558,747 237,765,424 11,294 Utah ...... 198,304,703 220,645,255 22,340,552 1,061 Vermont ...... 116,195,870 129,379,891 13,184,021 626 Virginia ...... 752,517,077 830,852,486 78,335,409 3,721 Washington ...... 464,963,105 519,595,013 54,631,908 2,595 West Virginia ...... 297,110,356 325,592,845 28,482,489 1,353 Wisconsin ...... 535,232,750 586,036,437 50,803,687 2,413 Wyoming ...... 187,339,698 207,256,184 19,916,486 946 State Total ...... 27,301,253,809 30,170,912,038 2,869,658,229 136,309 Allocated Programs ...... 8,249,534,225 8,794,320,215 544,785,990 25,877 Grand Total ...... 35,550,788,034 38,965,232,253 3,414,444,219 162,186 *Prepared by Transportation Committee Staff based on information provided by the Federal Highway Administration (FHWA). Pursuant to FHWA estimates, the table assumes that $1 billion of federal highway program investment creates or sustains 47,500 jobs.

COMPARISON OF DISTRIBUTION OF FY 2007 TRANSIT FUNDING UNDER H.J. RES. 20 (SAFETEA–LU LEVELS) AND A FREEZE AT FY 2006 ENACTED FUNDING LEVELS*

Estimated FY 2007 Estimated FY 2007 Increase in transit State based on FY 2006 based on H.J. Res. funds under H.J. enacted level 20 Res. 20

Alabama ...... 34,196,079 35,917,557 1,721,478 Alaska ...... 40,664,169 43,684,864 3,020,695 American Samoa ...... 363,526 378,709 15,183 Arizona ...... 70,874,803 74,566,555 3,691,752 Arkansas ...... 20,595,782 21,624,106 1,028,325 California ...... 860,977,967 909,011,398 48,033,431 Colorado ...... 68,133,405 71,734,965 3,601,560 Connecticut ...... 111,473,570 116,161,350 4,687,780 Delaware ...... 12,343,553 12,964,684 621,131 District of Columbia ...... 133,885,672 143,436,741 9,551,069 Florida ...... 243,852,407 257,204,462 13,352,054 Georgia ...... 122,588,444 129,936,520 7,348,076 Guam ...... 826,259 860,325 34,067 Hawaii ...... 29,830,942 31,400,084 1,569,142 Idaho ...... 12,817,986 13,451,401 633,415 Illinois ...... 398,577,515 416,783,541 18,206,026 Indiana ...... 66,046,492 69,315,270 3,268,778 Iowa ...... 25,968,993 27,268,158 1,299,165 Kansas ...... 21,426,288 22,494,657 1,068,369 Kentucky ...... 34,144,499 35,861,830 1,717,331 Louisiana ...... 48,410,251 50,782,933 2,372,682 Maine ...... 10,575,926 11,097,740 521,814 Maryland ...... 138,222,300 145,473,348 7,251,048 Massachusetts ...... 254,271,639 266,324,153 12,052,514 Michigan ...... 97,312,254 102,276,279 4,964,026 Minnesota ...... 71,558,372 75,538,579 3,980,208 Mississippi ...... 18,738,808 19,670,220 931,412 Missouri ...... 61,239,190 64,470,702 3,231,511 Montana ...... 10,551,605 11,063,093 511,487 N. Mariana Islands ...... 947,400 992,767 45,367 Nebraska ...... 15,919,675 16,710,183 790,507

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 9920 E:\CR\FM\A31JA7.100 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1107 COMPARISON OF DISTRIBUTION OF FY 2007 TRANSIT FUNDING UNDER H.J. RES. 20 (SAFETEA–LU LEVELS) AND A FREEZE AT FY 2006 ENACTED FUNDING LEVELS*—Continued

Estimated FY 2007 Estimated FY 2007 Increase in transit State based on FY 2006 based on H.J. Res. funds under H.J. enacted level 20 Res. 20

Nevada ...... 32,042,239 33,656,870 1,614,630 New Hampshire ...... 10,102,458 10,578,619 476,161 New Jersey ...... 400,436,239 419,100,009 18,663,771 New Mexico ...... 19,119,184 20,069,956 950,771 New York ...... 1,034,549,971 1,082,343,021 47,793,050 North Carolina ...... 71,964,676 75,614,146 3,649,470 North Dakota ...... 7,931,785 8,318,217 386,432 Ohio ...... 139,489,673 146,321,569 6,831,896 Oklahoma ...... 27,609,464 28,993,943 1,384,479 Oregon ...... 58,396,279 61,754,430 3,358,151 Pennsylvania ...... 292,172,210 304,365,432 12,193,221 Puerto Rico ...... 61,813,245 65,063,169 3,249,924 Rhode Island ...... 20,017,356 21,037,377 1,020,021 South Carolina ...... 30,039,096 31,551,605 1,512,509 South Dakota ...... 7,979,266 8,366,497 387,232 Tennessee ...... 50,312,876 52,887,946 2,575,071 Texas ...... 275,785,086 200,572,826 14,787,739 Utah ...... 37,117,405 38,989,277 1,871,872 Vermont ...... 4,741,909 4,970,440 228,531 Virgin Islands ...... 1,075,588 1,124,292 48,704 Virginia ...... 96,647,748 102,361,435 5,713,687 Washington ...... 146,151,127 154,794,791 8,643,665 West Virginia ...... 16,647,112 17,618,937 971,825 Wisconsin ...... 58,738,414 61,751,045 3,012,631 Wyoming ...... 6,369,396 6,673,663 304,268 State Subtotal ...... 5,944,585,574 6,247,336,688 302,751,114 Oversight ...... 42,456,256 44,626,313 2,170,057 Total ...... 5,987,041,830 6,291,963,001 304,921,171 Tribal Transit Program ...... 7,920,000 10,000,000 2,080,000 National RTAP ...... 1,152,360 1,212,000 59,640 Grand Total ...... 5,996,114,190 6,303,175,001 307,060,811 *Amounts shown above include total formula apportionments for non-urbanized formula (sec. 5311), state planning, metropolitan planning, elderly & disabled program (sec. 5310), new freedom, job access and reverse commute (JARC), rural transportation assistance program (RTAP), fixed guideway modernization, and urbanized area formula (sec. 5307) programs.

Mr. PEARCE. Mr. Speaker, I rise today in tribution in our state. Tragically, the Majority’s I understand—and share—the Majority’s de- opposition to this massive $463 billion dollar ill-considered cuts will slash funding for the sire to eliminate unnecessary earmarks. A spending bill because it fails four critical tests: Drug Enforcement Administration Mobile En- rushed and ham-handed bill designed for ap- the accountability test, the common sense forcement Teams (MET) by $30 million and pearances isn’t the right way to do it. My con- test, the compassion test, and most of all—the 134 agents and Regional Enforcement Teams stituents deserve the chance to have their smell test. (RET) by $9 million and 23 agents. Our local voices heard—an opportunity which the nor- Hatched behind close doors by the chair- and state law enforcement officers depend mal process of public hearings is designed to men of the House and Senate appropriations upon the MET and RET initiatives as two of provide. committees with no input from Members or their most effective tools in this fight. Many of- Certainly, H.J. Res. 20 contains positive ele- their constituents, H.J. Res. 20 levels a dev- ficers in my district have told me that even at ments, such as the significant increase it pro- astating blow against New Mexicans and their current levels, MET funding is insufficient. vides in funding for veterans. I wish I could communities. Our most vulnerable low-income Perhaps the Majority’s leadership has de- vote yes for that reason alone—but I cannot residents will pay the heaviest price. cided this battle isn’t worth fighting. A few mo- support a bill that inflicts so much pain on so As Deputy Ranking Member of the Housing ments with the individuals and families whose many New Mexicans in an indiscriminate and and Community Opportunity Subcommittee, I lives this evil drug has destroyed might slipshod manner. wish to point out that the Majority’s arbitrary change their minds. But they don’t seem to I urge my colleagues to join me in casting choices are ripping nearly one million dollars have the time to stop and think about how a ‘‘no’’ vote. away from the public housing authorities in my their choices will affect the safety of real peo- GEOTHERMAL ENERGY ASSOCIATION, district and the people they serve; including Washington, DC, January 30, 2007. ple. DEAR REPRESENTATIVE: I am writing to ex- $272,428 from the Las Cruces Housing Au- H.J. Res. 20 also reduces the funding asso- press our serious concern about the direction thority; $158,355 from the Dona Ana Housing ciated with the Base Realignment and Closure being set by the FY 07 Appropriations bill, Authority; $30,461 from the Gallup Housing Commission (BRAC) process by nearly $4 bil- H.J. Res. 20, that the House will be consid- Authority; $40,717 from the Truth or Con- lion, causing delays in the scheduled repo- ered tomorrow. This bill will be a serious sequences Housing Authority; $15,076 from sitioning of the 1st Armored Division from Ger- setback for efforts in the House and Senate the Bernalillo Housing Authority, $43,596 from many to Fort Bliss and the Air Force Special to restore the DOE geothermal research pro- gram. the Los Lunas Housing Authority; and a com- Operations Command from overseas to Can- While the bill includes a generic $300 mil- bined total of $416,173 from the Region V and non Air Force Base. The Majority’s decision lion increase in funding for renewable en- Region II Housing Authorities. not only perpetuates inefficient overseas ergy, it allows the Secretary of Energy to A Section 8 voucher manager of one of my bases; it severely impacts the painstaking distribute those funds. Meanwhile, we are District’s housing authorities described these community development plans devised by cit- told that the base for funding will be the Ad- drastic cuts as comparable to losing an entire ies like Las Cruces, Alamogordo, and Clovis in ministration’s FY 07 request, which for geo- thermal energy was ZERO! month’s worth of vouchers to the poor and New Mexico. The House adopted an amendment last needy families she serves. Another New Mex- Last, but certainly not least given the Major- year to the Energy and Water Appropria- ico housing authority representative stated that ity’s lip service in support of supplemental and tions Bill sponsored by Representative 100 families per month could lose access to alternative energy technologies, H.J. Res. 20 Millender-McDonald appropriating $5 million vouchers in the region that housing authority shreds funding for promising initiatives in this for geothermal research in FY 07, and the serves. area. Consider, for example, a letter I submit Senate Appropriations Bill as reported by Subcommittee and Committee would have The Majority’s carelessly slung meat cleaver for the RECORD from Karl Gawell of the Geo- restored the entire $23.5 million geothermal doesn’t stop there. H.J. Res. 20 strips critical thermal Energy Association. Mr. Gawell states program. funding from the restoration of the Our Lady of that this legislation ‘‘will be a serious setback There is simply no justification for termi- Guadalupe Mission; essential economic devel- for efforts in the House and Senate to restore nating geothermal energy research at the opment funding for a Business Park in An- the DOE geothermal research program.’’ Department of Energy. Recent studies by the thony-Berino; and desperately needed emer- I have worked with Mr. Gawell to explore National Research Council, the Western Gov- gency ambulance services for the citizens of opportunities for expanded geothermal energy ernors Association Clean Energy Task Force, the Village of Columbus. development in Southern New Mexico and I and MIT all support expanding geothermal research funding to develop the technology Two weeks ago, New Mexico Governor Bill take his concerns very seriously. I hope that necessary to utilize this vast, untapped do- Richardson and I announced our bipartisan my colleagues will, too. mestic renewable energy resource. determination to fight the dangerous scourge Mr. Speaker, as one who remains com- We urge the House to take action to ad- of methamphetamine use, production, and dis- mitted to vigorously fighting wasteful spending, dress this tragic situation as it considers the

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.102 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1108 CONGRESSIONAL RECORD — HOUSE January 31, 2007 FY 07 Appropriations bill and ensure contin- our veterans and military personnel is the right Mr. COSTA. Mr. Speaker, I rise on behalf of ued funding for DOE’s geothermal research thing to do. Significant numbers of our vet- my constituents in the small rural town of efforts. erans are now returning from Iraq and Afghan- Mendota, California. Sincerely, istan and we have an obligation to provide I thank my friends Chairman OBEY and KARL GAWELL, Executive Director. funding for their health care needs. Ranking Member LEWIS, and Chairman MOL- I was pleased that additional funding was LOHAN and Ranking Member WOLF for their Mr. SERRANO. Mr. Speaker. I rise today to provided for Pell grants. This increased fund- hard work and specifically for including suffi- express my support for the final passage of ing will help over 5.3 million of our students cient funding to complete the construction of H.J. Res. 20, a joint funding resolution to pro- help to pay for ever increasing college costs. the Mendota Federal Correction Institution. vide continuing appropriations for fiscal year This Continuing Resolution also provided addi- Crowding at Federal medium-security facili- 2007. Let me be clear, although we have been tional dollars for Head Start, a program that ties currently is 37 percent over capacity. able to take care of some of the most signifi- has proven its effectiveness. The National In- The Federal Bureau of Prisons expects cant shortfalls, this is not a perfect funding stitutes of Health received additional funds to 7,500 new Federal inmates annually. resolution. This is also not the process that we support 500 more research project grants. Once constructed, Mendota would provide would have preferred, because, as we all Our community health centers were allo- 1,552 beds to help address the growing de- know, the funding for fiscal year 2007 should cated an increase of $206.9 million to allow for mand. have been completed during the 109th ses- the expansion or creation of over 300 health The BOP has spent $100 million to com- sion of Congress under the Republican major- centers. These centers provide important plete 40 percent of a prison in Mendota. ity. health care services throughout the United With this bill, the Federal Government is With respect to the agencies included within States, and this funding will be utilized for pri- stepping up to a commitment that was made the jurisdiction of the Financial Services and ority health care needs. Ryan White CARE to California and Mendota by providing General Government Subcommittee, a bi-par- grants were increased to bring them to the au- enough funds to complete the prison. tisan attempt was made to address the most thorized level. Finally, this resolution address- Mendota, is a city with an 18.6 percent un- pressing needs. For example: es important section 8 and public housing employment rate and 42 percent living below SBA disaster loans will receive $114 million needs in our communities. All of these budget the poverty line. for administrative costs. increases are a part of a carefully crafted res- The prison will provide good jobs and a SBA Salaries and expenses will receive an olution that attempts to address some of our major boost to a very depressed local econ- additional $17.7 million. nation’s greatest needs. omy. The District of Columbia will receive addi- I would urge my colleagues to vote in favor Again, thank you to my colleagues, com- tional funds for public safety programs and of H.J. Res 20 so that it can go to the Senate pleting Mendota is a sign that our new major- $20 million for public transportation. and we can complete our work before our cur- ity is committed to responsible governance. Treasury will receive an additional $26.6 rent resolution expires on February 15th. We Mr. BISHOP of Georgia. Mr. Speaker, I rise million for high-priority anti-terror and financial will be receiving the President’s 2008 budget today in support of the Continuing Resolution intelligence analyst activities. next week, and as a Congress it is time to and commend my colleagues in moving for- Judiciary will receive an additional $179.1 move forward and work on the 2008 funding ward from the budgetary crisis left to us the million to avoid furloughs and support critical needs for our government. 109th ‘‘Do-Nothing’’ Congress. I especially functions. Mr. LAHOOD. Mr. Speaker, I do not believe commend Chairman OBEY for the overall bal- OPM Retirement Systems Modernization will that it is in the best interest of the country to ance and fairness reflected in this CR given receive $13 million. play the blame game on how we reached the the difficult choices confronting him and the National Archives will receive $7.7 million in current appropriations situation. The fact of the leadership in tackling such a complex fiscal additional funding for the Electronic Records matter is that the 109th Congress did not get policy challenge. I am pleased to see that key Archive and $3 million for repairs relating to its work done on time, and we are here today areas such as Veterans and Defense Health, the flooding of Archives headquarters. to correct that problem. Before we vote on this Homeland Security, Transportation, Education Many important language provisions were bill, I feel compelled to make a couple of ob- and Social Security will be provided modest also included in this resolution such as a con- servations. First and foremost, I want to thank increases in funding to keep pace with infla- tinuation of resources to help rural commu- Mr. OBEY and his staff for the hard work that tion. nities, schools, and libraries afford tele- they have put into this bill. Mr. OBEY faced an However, I am concerned that not fully fund- communications and information services. enormous task, and I believe that no matter ing BRAC will likely delay some projects—for Without this language, funding would have to how hard he tried, it would be impossible to example in my district, Fort Benning may not be cut or Universal Service fees would have to address all of the funding needs. have the ability to undertake the new con- increase. However, I am concerned that despite all struction projects planned in conjunction with I was disappointed that we were unable to the rhetoric that the majority would work with the growth resulting from the BRAC process. address the serious issue of privatized debt the minority in crafting legislation, this bill was Additionally, I recognize the explosion of collection by the Internal Revenue Service, a put together in the back room by the House congressional earmarks in recent years which practice that many Members have raised ob- and Senate majority, with little to no input from funded special interest projects and promul- jections to continuing. I had also hoped to be the minority. In addition, when discussing the gated negative perceptions about this legisla- able to address the HAVA funding that some nature of the CR, the majority stressed that tive body. But the complete omission of ear- states, including New York, may lose because this bill would not contain any earmarks. Yet, marks on this year’s CR is disconcerting. I am of their inability to secure voting machines after negotiations were completed between the supportive of the process knowing that my dis- within the designated time frame. In addition, House and Senate Appropriations Commit- trict, which is among the poorest in the coun- language provisions enacted in previous ap- tees, it appears that this bill will continue to try, has benefited tremendously from ear- propriations bills placing restrictions on how fund a limited number of earmarks cham- marks. Specifically in my district, previously the District of Columbia is able to spend its pioned by the Senate. While these earmarks House-approved projects that stand to lose in own budget are, unfortunately, continued in are technical in nature, and the case can be the CR include funding for: hospitals; water this resolution. made that they should not be considered ear- management systems; family counseling and However, I do intend to vote in favor of this marks, the fact of the matter is that they are youth mentoring; cancer education and early Continuing Resolution. As I stated earlier, it is earmarks, and I believe that it is wrong for us detection; upgrading sewer systems; and the not perfect, but it is the best that we could do to stand up and claim that this bill does not list goes on. with the funds that we had. Beyond the imme- contain earmarks when it does. In many cases, the earmark process has diate Financial Services agency issues, there Given that we are operating under a closed provided an important vehicle for Members of was an attempt to write a resolution that ad- rule, and that it us unlikely that the Senate will Congress to direct much needed federal sup- dressed our nation’s highest priority needs. remove their earmarks, I am resigned to the port to very worthy projects and organizations Veterans Healthcare will receive $32.3 billion, fact that it is unlikely that we will have an op- which otherwise would be ignored. which is an increase of $3.6 billion above the portunity to change this legislation. Had we We must not throw the ‘‘baby out with the 2006 funding level. Defense Health Programs operated under regular order, I believe that a bathwater.’’ Moving forward, I pledge to work will receive $21.2 billion, an increase of $1.2 bipartisan Appropriations committee could closely with the leadership on real and effec- billion to provide care for our service members have crafted a more balanced bill, which I tive reforms especially in regards to trans- and their families. Providing health care for would have been willing to support. parency, efficiency, accountability, and ethics.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\CR\FM\A31JA7.082 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1109 Mr. HALL of Texas. Mr. Speaker, I rise 800-acre area that Congress had withdrawn acres from wilderness so the Secretary of Ag- today to speak on the FY 2007 Continuing from the Wilderness Area back in 1984 to De- riculture could evaluate its ‘‘significant po- veloped Recreation in recognition of the intent tential for ski area development.’’ Resolution. Now, twenty one years after passage of this I am pleased to see that the Appropriations of Congress. However, the LRMP concurrently Act, the White Pass Ski Area remains mired Committee followed the President’s rec- inventoried as roadless the same 800-acre down in its third attempt at completing an ommendations with the American Competitive- area. Environmental Impact Study to add these ness Initiative by increasing funds to physical It is well-understood that it was congres- acres. Something has gone terribly wrong. sciences research. The funding that we put sional intent to permit expansion of the White The White Pass Ski Area, which began op- into basic research at the National Science Pass Ski Area. I would like to submit for the erations in 1952, is located at the crest of the record a letter signed by all living Members of Cascade Mountains in south-central Wash- Foundation and the Departments of Energy ington State within the boundaries of the and Commerce will pave the way for innova- the 1984 congressional delegation, stating that Wenatchee-Okanagan and Gifford Pinchot tive breakthroughs. I am hopeful that the Sen- it was their intent to provide for the expansion National Forests. Plans for expansion of the ate will also prioritize these important science of White Pass Ski Area. In a February 3, 2004 White Pass Ski Area were first initiated in initiatives so that we can ensure that America letter, the U.S. Department of Agriculture also the late 1950’s and included the Hogback remains globally competitive well into the fu- confirmed this congressional intent, stating: Basin. ture. ‘‘We agree that the intent of Congress was In 1961, the White Pass Company submitted clearly to allow for ski area development in the to the Forest Service a survey and formal re- While many science accounts are ade- quest for additional expansion area on the quately supported, the NASA account is not. Hogback Basin.’’ north slope of Hogback Mountain, and re- H.J. Res. 20 reduces NASA’s planned FY The Fiscal Year 2007 Interior Appropriations quested it not be incorporated within the an- 2007 funding by $545.3 million. Most of the Bill that passed the House in May of last year ticipated wilderness boundary. The Forest savings come from the Exploration Systems included important information clarifying con- Service concurred with the proposed bound- account, the program that funds development gressional intent to permit expansion of White ary adjustments. of the next space vehicle. As this Congress Pass Ski Area. The language stated: However, these discussions were not brought forward during Congressional eval- understands, we need to retire the Space The Committee notes that the Washington State Wilderness Act of 1984 removed from uation of the proposed wilderness legislation. Shuttle in 2010 and introduce its successor The Wilderness Act of 1964 (PL 88–577) subse- shortly thereafter. The more we cut this budg- wilderness designation 800 acres of land adja- quently incorporated the Goat Rocs Wild et item, the longer our nation must wait for cent to the White Pass Ski Area in Wash- Area, including most of Hogback Basin, into continued manned access to space. At a time ington State for potential ski development. The the National Wilderness Preservation Sys- when countries like China and India are chal- Committee notes that the Gifford Pinchot Na- tem as the Goat Rocks Wilderness. Despite lenging America in outer space, we need to tional Forest Land and Resource Management the incorporation of the proposed expansion area into the Goat Rocks Wilderness, discus- remain leaders in this field. We cannot do that Plan allocated the 800-acre area as Devel- oped Recreation to allow for ski area expan- sions concerning White Pass expansion plans if Congress does not adequately fund our ven- and the need for a boundary adjustment con- tures into space. sion, while concurrently inventorying the same tinued over the next 20 years. I am also disappointed that the Space Shut- land as roadless to reflect its current physical In the early 1980’s supporters of the ski tle and International Space Station as well as character. The Committee recognizes that it area approached Congress to lobby for a wil- the Space Science and Aeronautics programs was the intent of Congress to permit ski area derness boundary adjustment during the are also underfunded. expansion into this 800-acre area and urges days preceding passage of the 1984 Wash- It is for these reasons that I introduced an the Secretary of Agriculture, once the Environ- ington Wilderness Act. Environmental inter- ests were concerned with the precedent cre- amendment yesterday to restore funding to mental Impact Statement for the White Pass ated by adjusting the Wilderness boundary, NASA. Unfortunately, the Rules Committee did Ski Area’s Master Development Plan is prop- but ‘‘agreed with the expansion of downhill not accept any amendments to this bill, and erly completed, to move forward expeditiously skiing opportunities in exchange for signifi- Congress will not have the opportunity to vote in approving the expansion plans in accord- cant expansion of Goat Rocks . . .’’ (Sid on this important program. In the last Con- ance with all applicable laws, rules, and regu- Morrison letter to Supervisor O’Neal April gress, we voted to support the Vision for lations. 17, 1989). The purpose of the 1984 Washington Wilder- Space Exploration and return to the Moon. If Unfortunately, the Continuing Resolution that we are going to pass today does not in- ness Act were to ‘‘(1) designate certain Na- we are to live up to that promise, then we tional Forest System lands in the state of need to follow through with adequate appro- clude any report language, including the lan- Washington as components of the National priations. We also need to give our current guage clarifying congressional intent as it re- Wilderness Preservation System, . . . and (2) programs the best chance to succeed. lates to White Pass Ski Area. insure that certain other National Forest I will work with Chairman BART GORDON and I wanted to bring this issue to the attention System lands in the State of Washington be the appropriators to ensure that the Fiscal of my colleagues and highlight the fact that available for non-wilderness multiple uses.’’ Year 2008 budget will adequately address our the House Appropriations Committee was pre- (PL 98–336, Sec 2(b)(1 and 2) Through the 1984 legislation, some 23,000 acres of land were Nation’s space and aeronautics needs. pared and willing to clarify congressional in- tent, and that the full House approved that added to the Goat Rocks Wilderness while Mr. BAIRD. Mr. Speaker, I rise today to dis- 800 acres were released from the wilderness cuss an issue of importance to my congres- clarification by voting for the Fiscal Year 2007 area (refer to Goat Rocks Add. West Side sional district in Southwest Washington. Interior Appropriations Bill in May. In keeping map #WA–W–109, March 1984). The White Pass Ski Area is located in the with this, I urge the Secretary of Agriculture to The Senate Energy and Natural Resources majestic Cascade Mountains in the Gifford move forward expeditiously in approving the Committee Report (98–461) describing the Pinchot and Wenatchee National Forests. The expansion plans in accordance with all appli- legislation and its objectives provides fur- cable laws, rules, and regulations—once the ther explanation of the wilderness release area is commonly referred to by skiers as ‘‘the language in the Act. ‘‘As reported, S. 837 jewel of the Pacific Northwest’’ for its breath- Environmental Impact Statement is properly would add approximately 23,143 acres to the taking views of Mt. Rainer and exciting skiing completed. existing Goat Rocks Wilderness established opportunities. The area, which provides critical JULY 7, 2005. by Congress in 1964. In addition, some 800 tourism revenue to the surrounding rural com- MIKE JOHANNS, acres would be deleted from the existing wil- munities, is now looking to expand to provide Secretary of Agriculture, derness. The 800 acres deleted from the exist- greater opportunities to skiers in the Pacific Washington, DC. ing Goat Rocks Wilderness Area have signifi- DEAR SECRETARY JOHANNS: As members of cant potential for ski development and Northwest. the 1984 Washington Congressional delega- should be managed by the Secretary of Agri- The Washington State Wilderness Act of tion, we are writing to express our collective culture to utilize this potential, in accord- 1984 added over 23,000 acres of land to the dismay over an injustice that has continued ance with applicable laws, rules and regula- Goat Rocks Wilderness Area and removed over the past 21 years. tions (Senate Rpt. 98–461, page 10).’’ from wilderness designation 800 acres adja- Over two decades ago, we succeeded in The dilemma is that, because of multiple cent to the White Pass Ski Area as having passing through the Congress the Wash- land use designations for the proposed expan- ‘‘significant potential for ski development’’ and ington Wilderness Act of 1984 (Washington sion area, in combination with other proce- Wilderness Act; P.L. 98–339). This legislation urging the Secretary of Agriculture to ‘‘utilize dural issues, efforts to approve expansion added 23,000 acres of wilderness along and plans have been repeatedly thwarted. The this potential, in accordance with applicable near Highway 12, while removing from wil- conflicting, confusing and uncertain status laws, rules and regulations.’’ derness designation 800 acres that are adja- of the subject lands needs addressing. The Gifford Pinchot National Forest Land cent to the White Pass Ski Area. As reported The need for administrative action with re- and Resource Management Plan allocated the language stated, legislation removed the 800 spect to the White Pass Ski Area expansion

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.088 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1110 CONGRESSIONAL RECORD — HOUSE January 31, 2007 project is evident from the 40-year history of H.J. Res. 20 is not a perfect bill, and I am Mr. LEWIS of California. Yes, I am expansion attempts. Maintaining this area in concerned about how it might impact some opposed to the bill in its present form. a non-developed recreation status is not con- federal programs that are important to Mis- The SPEAKER pro tempore. The sistent with the intent of Congress. Over the souri residents. Despite my concerns, I have Clerk will report the motion to recom- past 21 years, various actions have contin- ually frustrated the intent of Congress to concluded that it is in our nation’s best interest mit. allow for the potential expansion of White to quickly approve this appropriations package The Clerk read as follows: Pass Ski Area. and focus our attention toward the President’s Mr. Lewis of California moves to recommit In order to prevent the failure of a third fiscal year 2008 budget and the President’s the joint resolution, H. J. Res. 20, to the attempt to resolve the expansion need, White anticipated supplemental appropriations re- Committee on Appropriations with instruc- Pass is committed to complete another quest for military efforts in Iraq and Afghani- tions to report the same back to the House forthwith with the following amendments: NEPA analysis. Based on findings from the stan. I commend Congressman OBEY for draft- analysis, we the undersigned strongly urge On page 26, line 2, strike ‘‘$3,902,556,000’’ ing such complex legislation that makes the and insert $3,977,556,000’’. the current Washington Congressional dele- best of a bad situation. gation and the Secretary of Agriculture to On page 26, line 6, strike ‘‘$3,726,778,000’’ provide a vehicle for the White Pass Com- Mr. YOUNG of Florida. Mr. Speaker, I rise and insert ‘‘$3,926,778,000’’. pany to expand into Hogback Basin without today to discuss the funding recommendations On page 33, line 5, strike $6,275,103,000’’ and further delay and the threat of costly ap- for accounts under the jurisdiction of the De- insert ‘‘$5,875,103,000’’. On page 33, line 5, strike ‘‘and’’ and on line peals and judicial reviews. fense Subcommittee. 6, before the period, insert the following: We hope that you will agree that the con- The House approved the conference report ‘‘; and ‘Fossil Energy Research and Devel- flicting, confusing and uncertain status of on the Defense Appropriations Act for fiscal opment’, $542,314,000’’. the subject lands deserve your thoughtful year 2007 on September 26th, 2006 by a vote On page 39, after line 24, insert the fol- clarification, correction and resolution. of 394 to 22, and the President signed the bill lowing new sections: Sincerely, into law on September 29th. However, several ‘‘Sec. 20327. Notwithstanding section 101, Sid Morrison, U.S. Congressman 4th Dis- important accounts that were previously within the level for ‘Independent Agencies, Denali trict, Mike Lowry, Governor, U.S. Con- the jurisdiction of the Subcommittee on Military Commission’ shall be $2,500,000. gressman, 7th District, Slade Gorton, ‘‘Sec. 20328. Of the funds appropriated U.S. Senator, Al Swift, U.S. Congress- Quality of Life have been transferred back to the Defense Subcommittee, and therefore are under section 130 of division H of the Con- man 2nd District, Don Bonker, U.S. solidated Appropriations Act, 2004 (Public Congressman 3rd District, Norm Dicks, addressed in this continuing resolution. Law 108–199) under the heading ‘Department U.S. Congressman 6th District, Dan Two of the most important of these are the of Energy, Energy Programs, Science’, as Evans, U.S. Senator, Governor, Tom Basic Allowance of Housing for our active duty amended by section 315 of the Energy and Foley, U.S. Congressman 5th District. members of the military, and the Defense Water Development Appropriations Act, 2006 Mr. SKELTON. Mr. Speaker, at the conclu- Health Program. (Public Law 109–103) for the Iowa Environ- sion of the 109th Congress, Republicans ad- I am pleased this continuing resolution pro- mental and Education project in Coralville, journed for the year without completing work vides the minimum funding level necessary for Iowa, $44,569,000 is hereby deobligated and re- on 9 of the 11 budget bills that fund the oper- both these activities. This legislation provides scinded. an increase of $500 million for Basic Allow- On page 54, line 18, strike ‘‘$2,670,730,000’’ ations of the federal government. Completion and insert ‘‘$2,663,855,000’’. of the federal government’s annual budget is ance for House above the fiscal year 2006 en- On page 62, line 3, strike ‘‘$6,883,586,000’’ one of Congress’ most critical tasks, but even acted level, and an increase of $1.2 billion for and insert ‘‘$6,844,303,000’’. though several months have gone by since the Defense Health Program. On page 64, after line 13, insert the fol- the beginning of the fiscal year, only 2 of the However, we need to recognize that both lowing: 11 bills for fiscal year 2007—Defense and programs will need additional funds during the ‘‘(e) Notwithstanding any other provision Homeland Security Appropriations—have been rest of this fiscal year. Rates for Basic Allow- of this division, the twelfth proviso under the heading ‘Health Resources and Services signed into law. ance for Housing were increased late last year following the normal survey of market housing Administration, Health Resources and Serv- This failure to complete Congress’ most ices’ in the Department of Health and basic task—to pay the country’s bills—has left rates. This has created a shortfall of $1.4 bil- Human Services Appropriations Act, 2006 newly elected leaders of the House and the lion. shall not apply to funds appropriated by this Senate with no choice but to make tough In addition, due to inflationary increases in division. choices with regard to the fiscal year 2007 health care costs and an Administration pro- On page 79, after line 2, insert the fol- budget. posal for an increase in insurance co-pay- lowing: ments that was not approved by the Con- ‘‘Sec. 20646. Notwithstanding any other Since October 2006, the federal government provision of this division, section 105 of the has been operating on the basis of a tem- gress, the Defense Health Program faces an additional shortfall of at least $700 million. Departments of Labor, Health and Human porary measure known as a continuing resolu- Services, and Education, and Related Agen- We must address these funding shortfalls tion. This resolution is set to expire on Feb- cies Appropriations Act, 2006 (Public Law ruary 15, 2007, and unless Congress ap- later this year. Our highest priority in the De- 109–149) shall not apply to funds appropriated proves funding for federal programs covering fense budget should be for the well-being of by this division. Agriculture; Commerce, Justice, and Science; our military personnel, and I know my Sub- On page 84, line 17, strike ‘‘$2,013,000,000’’ and insert ‘‘$2,053,017,000’’. Energy and Water; Foreign Operations; Inte- committee chairman shares my concerns. This continuing resolution is just a first step toward On page 85, line 23. strike ‘‘$579,000,000’’ and rior and the Environment; Labor, Health & insert ‘‘$594,991,000’’. Human Services, and Education; Legislative meeting that responsibility in fiscal year 2007. Mr. OBEY. Mr. Speaker, I yield back On page 85, line 24, strike ‘‘$671,000,000’’ and Branch; Military Construction and Veterans Af- insert ‘‘$676,829,000’’. the balance of my time. fairs; and Transportation, Treasury, and Hous- On page 86, line 2, strike ‘‘$505,000,000’’ and The SPEAKER pro tempore. All time insert ‘‘$509,126,000’’. ing, federal government operations in these for debate has expired. areas will cease. On page 86, line 3, strike ‘‘$1,168,000,000’’ Pursuant to House Resolution 116, and insert ‘‘$1,183,138,000’’. Over the past weeks, House leaders have the joint resolution is considered read On page 86, line 4 strike ‘‘$750,000,000’’ and been writing legislation that would ensure the and the previous question is ordered. insert ‘‘$755,071,000’’. federal government remains operational The question is on the engrossment On page 90, line 13, strike ‘‘$1,737,412,000’’ through fiscal year 2007. Today, the House is and third reading of the joint resolu- and insert ‘‘$1,787,412,000’’. considering H.J. Res. 20, a joint resolution tion. Mr. LEWIS of California (during the that will keep the federal government open The joint resolution was ordered to reading). Mr. Speaker, I ask unanimous and require most federal programs to operate be engrossed and read a third time, and consent that the motion be considered under tight budget constraints. While modest was read the third time. as read and printed in the RECORD. increases were allotted to some of America’s MOTION TO RECOMMIT OFFERED BY MR. LEWIS The SPEAKER pro tempore. Is there high priority items, such as veterans’ and mili- OF CALIFORNIA objection to the request of the gen- tary health care, law enforcement, and edu- Mr. LEWIS of California. Mr. Speak- tleman from California? cation, the bill cuts over 60 federal programs er, I have a motion to recommit with There was no objection. and rescinds unobligated balances on many instructions at the desk. The SPEAKER pro tempore. Pursu- other programs to pay for them. Further, the The SPEAKER pro tempore. Is the ant to the rule, the gentleman from bill explicitly eliminates special funding provi- gentleman opposed to the joint resolu- California is recognized for 5 minutes sions, commonly referred to as ‘‘earmarks.’’ tion? in support of his motion.

VerDate Aug 31 2005 05:44 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.090 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1111 Mr. LEWIS of California. Mr. Speak- the dangerous scourge of methamphet- I don’t mind clearing up the mistakes er, the legislation before us is intended amine use, production and distribution for last year, of the gentleman, I do to eliminate earmarks to fund a vari- in our State. Tragically, the majority’s mind being asked to go back 2 years to ety of important Federal programs. In ill-considered cuts will slash funding clear up your mistakes. That is asking spite of those best intentions, however, for the Drug Enforcement Administra- too much, even for us. a close reading of the bill revealed that tion Mobile Enforcement Teams, the Secondly, I would say that some of us earmarks were, in fact, left in. MET teams, by $30 million and 134 may not like the Denali Commission, Additionally, a number of critical agents, and Region Enforcement but it is a perfectly authorized pro- programs affecting new law enforce- Teams, the RETs, by $9 million and 23 gram. And as much as I might like to ment, military construction and mili- agents. see a project like that in my district, I tary families have been shortchanged. Our local and State law enforcement don’t have one, neither does the gen- In an effort to live up to the spirit of officers depend on the MET and RET tleman. I think it is illegitimate for us what this bill intended, my motion to initiative as two of the most effective to single out one legitimate program recommit would eliminate nearly $600 tools in this fight. Many officers in my for elimination that would require us, I million in earmarks, other unnecessary district have told me that even at cur- think in the interest of fairness, to go spending, and also use those funds to rent level of funding, MET is insuffi- back and look at hundreds of other pro- fully fund the Drug Enforcement Ad- cient. grams that have been approved in the ministration’s effort to combat Perhaps the majority leadership has past. So I urge a ‘‘no’’ vote. methamphetamines and other illicit decided battles against illegal drugs drugs, restore critically needed funds are not worth fighting. A few moments b 1515 to military construction and military with the individuals and families who I Mr. OBEY. Mr. Speaker, I yield back family housing accounts, and reduce met with in my 20 school meetings and the balance of my time. the Federal deficit. 19 additional town hall meetings might The SPEAKER pro tempore. Without Specifically, this motion would ac- change their minds. But we did not objection, the previous question is or- complish the following: seem to have time to consider the peo- dered on the motion to recommit. First, rescind the remaining $44.6 ple and the effects on the lives of kids There was no objection. million from the Senate’s rain forest in in the real America that we face today. The SPEAKER pro tempore. The Iowa earmark, eliminate $94 million We were explained, well, maybe we question is on the motion to recommit. unnecessary and unrequested funding made a few mistakes. Do tell. We made The question was taken; and the for the Denali Commission, funding mistakes that affect the lives of the Speaker pro tempore announced that that is nothing more than a thinly-dis- young people of this Nation and the the noes appeared to have it. guised Senate earmark for Alaska. heart and the soul of this country. Eliminate $400 million of ongoing ear- I urge my colleagues to support this Mr. LEWIS of California. Mr. Speak- marks from the NNSA weapons activ- motion to recommit. Work with us to er, on that I demand the yeas and nays. ity accounts. Eliminate $49.7 million of protect and defend the families of New The yeas and nays were ordered. spending in DOE’s fossil energy ac- Mexico and all of America. The SPEAKER pro tempore. Pursu- count, spending that duplicates manda- The SPEAKER pro tempore. The gen- ant to clauses 8 and 9 of rule XX, this tory funding by the Energy Policy Act tleman has 30 seconds remaining. 15-minute vote on the motion to re- of 2005. Mr. LEWIS of California. I yield back commit will be followed by 5-minute My motion would distribute these the balance of my time. votes on passage of House Joint Reso- savings in the following manner: Mr. OBEY. Mr. Speaker, I rise in op- lution 20, if ordered, and the motion to First, $50 million for the DEA’s ef- position to the motion to recommit. suspend the rules and agree to House forts to combat meth and other illicit The SPEAKER pro tempore. The gen- Concurrent Resolution 5. drugs; $275 million for basic allowance tleman is recognized for 5 minutes. The vote was taken by electronic de- for housing; $86 million for critically Mr. OBEY. Mr. Speaker, the fact is vice, and there were—yeas 196, nays needed military construction and fam- that this is simply a nit-picking mo- 228, not voting 11, as follows: ily housing; $178 million for deficit re- tion which, if adopted, would kill our [Roll No. 71] duction. chances of passing this resolution in YEAS—196 Mr. Speaker, I encourage my col- the United States Senate and result in Aderholt Conaway Graves leagues, both Republicans and Demo- us living on an ’06 continuing resolu- Akin Crenshaw Hall (TX) crats, to live up to the spirit of this tion, which would deny us the ability Bachmann Cubin Hastings (WA) Bachus Culberson Hayes legislation by voting to eliminate ear- to provide additional funds for veterans Baker Davis (KY) Heller marks and put those funds to better health care, for education, for veterans Barrett (SC) Davis, David Hensarling use by combating meth, supporting our housing and the like. Barrow Davis, Tom Herger I would point out, this resolution al- Bartlett (MD) Deal (GA) Hobson military families and reducing the def- Barton (TX) Dent Hoekstra icit. ready adds $500 million to the basic al- Biggert Diaz-Balart, L. Hulshof I urge a strong bipartisan vote on lowance for housing. This CR already Bilbray Diaz-Balart, M. Hunter this motion to recommit. increases family housing construction Bilirakis Doolittle Inglis (SC) Bishop (UT) Drake Issa Mr. Speaker, I yield whatever time by $210 million and funds military con- Blackburn Dreier Jindal may remain to Mr. PEARCE of New struction at the level of the President’s Blunt Duncan Johnson (IL) Mexico. request that have been authorized. Boehner Ehlers Johnson, Sam Mr. PEARCE. Mr. Speaker, I rise to This motion would eliminate the Bonner Emerson Jones (NC) Bono English (PA) Jordan support the Republican motion to re- weapons research account that has Boozman Everett Kanjorski commit. been of some controversy today. I Boustany Fallin Keller Last year, I held nearly 40 town hall would point out, we have already cut Brady (TX) Feeney King (IA) Brown (SC) Ferguson King (NY) meetings across New Mexico talking to that account by $94 million. I doubt Brown-Waite, Flake Kingston our local communities about com- that the House wants to eliminate that Ginny Forbes Kirk bating methamphetamine use in our nuclear weapons research. Buchanan Fortenberry Kline (MN) towns. Twenty of these meetings were I would also say that in a new found Burgess Fossella Knollenberg Burton (IN) Foxx Kuhl (NY) in schools with our school kids, and we and sudden burst of false piety, we are Calvert Franks (AZ) LaHood found that five times the national av- now being chastised because we did not Camp (MI) Frelinghuysen Lamborn erage of kids in New Mexico are ad- reach back and eliminate an item that Campbell (CA) Gallegly Latham Cannon Garrett (NJ) LaTourette dicted to methamphetamines, up to 15 was approved 2 years ago for the State Cantor Gerlach Lewis (CA) percent of our elementary and high of Iowa by the majority. In fact, the Capito Gillmor Lewis (KY) school students are already addicted. gentleman who was chairman of the Carter Gingrey Linder Two weeks ago, New Mexico Gov- committee when that item was ap- Castle Gohmert LoBiondo Chabot Goode Lucas ernor Bill Richardson and I announced proved is none other than the gen- Coble Goodlatte Lungren, Daniel our bipartisan determination to fight tleman offering the motion right now. Cole (OK) Granger E.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.082 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1112 CONGRESSIONAL RECORD — HOUSE January 31, 2007 Mack Poe Simpson Tanner Vela´ zquez Welch (VT) Inslee Meeks (NY) Schiff Manzullo Porter Smith (NE) Tauscher Visclosky Wexler Israel Melancon Schmidt Marchant Price (GA) Smith (NJ) Taylor Walz (MN) Wilson (NM) Jackson (IL) Michaud Schwartz McCarthy (CA) Pryce (OH) Smith (TX) Thompson (CA) Wasserman Wilson (OH) Jackson-Lee Millender- Scott (GA) McCaul (TX) Putnam Souder Thompson (MS) Schultz Woolsey (TX) McDonald Scott (VA) McCotter Radanovich Stearns Tierney Waters Wu Jefferson Miller (MI) Serrano McCrery Ramstad Sullivan Towns Watson Wynn Jindal Miller (NC) Sestak McHenry Regula Tancredo Udall (CO) Watt Yarmuth Johnson (GA) Miller, George Shays Udall (NM) Waxman McHugh Rehberg Terry Johnson (IL) Mitchell Shea-Porter McKeon Reichert Van Hollen Weiner Johnson, E. B. Mollohan Thornberry Sherman McMorris Renzi Johnson, Sam Moore (KS) Tiahrt Shuler Rodgers Reynolds NOT VOTING—11 Jones (NC) Moore (WI) Tiberi Shuster Mica Rogers (AL) Jones (OH) Moran (VA) Alexander Hastert Norwood Simpson Miller (FL) Rogers (KY) Turner Kagen Murphy (CT) Buyer Higgins Paul Sires Miller (MI) Rogers (MI) Upton Davis, Jo Ann Lantos Kaptur Murphy, Patrick Slaughter Skelton Miller, Gary Rohrabacher Walberg Gilchrest McDermott Keller Murphy, Tim Moran (KS) Ros-Lehtinen Walden (OR) Kennedy Murtha Slaughter Smith (NJ) Murphy, Tim Roskam Walsh (NY) b 1541 Kildee Nadler Musgrave Royce Wamp Kilpatrick Napolitano Smith (WA) Myrick Ryan (WI) Weldon (FL) Messrs. MOLLOHAN, GENE GREEN Kind Neal (MA) Snyder Neugebauer Sali Weller King (NY) Oberstar Solis of Texas, STUPAK and HARE changed Space Nunes Saxton Westmoreland their vote from ‘‘yea’’ to ‘‘nay.’’ Kirk Obey Pearce Schmidt Whitfield Klein (FL) Olver Spratt Pence Sensenbrenner Wicker Mr. KUHL of New York changed his Kuhl (NY) Ortiz Stark Peterson (PA) Sessions Wilson (SC) vote from ‘‘nay’’ to ‘‘yea.’’ Lampson Pallone Stupak Petri Shadegg Wolf So the motion to recommit was re- Langevin Pascrell Sutton Pickering Shays Lantos Pastor Tanner Young (AK) jected. Pitts Shimkus Young (FL) Larsen (WA) Payne Tauscher Platts Shuster The result of the vote was announced Larson (CT) Pelosi Taylor as above recorded. Latham Perlmutter Thompson (CA) NAYS—228 Stated against: Lee Peterson (MN) Thompson (MS) Levin Petri Tierney Abercrombie Farr Meehan Ms. SLAUGHTER. Mr. Speaker, on rollcall Lewis (GA) Platts Ackerman Fattah Meek (FL) Towns No. 71, I arrived at the door when the vote Lipinski Pomeroy Udall (CO) Allen Filner Meeks (NY) LoBiondo Porter Altmire Frank (MA) Melancon was called. I was detained at the office. Had Udall (NM) Loebsack Price (NC) Upton Andrews Giffords Michaud I been present, I would have voted ‘‘nay.’’ Lofgren, Zoe Pryce (OH) Van Hollen Arcuri Gillibrand Millender- Lowey Rahall The SPEAKER pro tempore. The Vela´ zquez Baca Gonzalez McDonald Lynch Ramstad question is on the passage of the joint Visclosky Baird Gordon Miller (NC) Mahoney (FL) Rangel Walsh (NY) Baldwin Green, Al Miller, George resolution. Maloney (NY) Reichert Bean Green, Gene Mitchell The question was taken; and the Manzullo Renzi Walz (MN) Becerra Grijalva Mollohan Markey Reyes Wasserman Berkley Gutierrez Moore (KS) Speaker pro tempore announced that Schultz the noes appeared to have it. Marshall Reynolds Berman Hall (NY) Moore (WI) Matheson Rodriguez Waters Berry Hare Moran (VA) RECORDED VOTE Matsui Rogers (MI) Watson Bishop (GA) Harman Murphy (CT) Watt Mr. OBEY. Mr. Speaker, I demand a McCarthy (NY) Ross Bishop (NY) Hastings (FL) Murphy, Patrick McCollum (MN) Rothman Waxman Blumenauer Herseth Murtha recorded vote. McCotter Roybal-Allard Weiner Boren Hill Nadler A recorded vote was ordered. McGovern Ruppersberger Welch (VT) Boswell Hinchey Napolitano The SPEAKER pro tempore. This McHugh Rush Weller Boucher Hinojosa Neal (MA) Wexler will be a 5-minute vote. McIntyre Ryan (OH) Boyd (FL) Hirono Oberstar McMorris Salazar Wilson (NM) Boyda (KS) Hodes Obey The vote was taken by electronic de- Rodgers Sa´ nchez, Linda Wilson (OH) Brady (PA) Holden Olver vice, and there were—ayes 286, noes 140, McNerney T. Woolsey Braley (IA) Holt Ortiz not voting 9, as follows: McNulty Sanchez, Loretta Wu Brown, Corrine Honda Pallone Meehan Sarbanes Wynn Butterfield Hooley Pascrell [Roll No. 72] Meek (FL) Schakowsky Yarmuth Capps Hoyer Pastor AYES—286 Capuano Inslee Payne NOES—140 Cardoza Israel Pelosi Abercrombie Cardoza Ellsworth Carnahan Jackson (IL) Perlmutter Ackerman Carnahan Emanuel Aderholt Feeney Lungren, Daniel Carney Jackson-Lee Peterson (MN) Allen Carney Emerson Akin Flake E. Carson (TX) Pomeroy Altmire Carson Engel Bachmann Forbes Mack Castor Jefferson Price (NC) Andrews Castle English (PA) Bachus Fortenberry Marchant Chandler Johnson (GA) Rahall Arcuri Castor Eshoo Barrett (SC) Foxx McCarthy (CA) Clarke Johnson, E. B. Rangel Baca Chandler Etheridge Barton (TX) Franks (AZ) McCaul (TX) Clay Jones (OH) Reyes Baird Clarke Farr Bilbray Frelinghuysen McCrery Cleaver Kagen Rodriguez Baker Clay Fattah Bishop (UT) Gallegly McHenry Clyburn Kaptur Ross Baldwin Cleaver Ferguson Blackburn Garrett (NJ) McKeon Cohen Kennedy Rothman Barrow Clyburn Filner Blunt Gillmor Mica Conyers Kildee Roybal-Allard Bartlett (MD) Cohen Fossella Boehner Gingrey Miller (FL) Cooper Kilpatrick Ruppersberger Bean Conyers Frank (MA) Bonner Gohmert Miller, Gary Costa Kind Rush Becerra Cooper Gerlach Boozman Goodlatte Moran (KS) Costello Klein (FL) Ryan (OH) Berkley Costa Giffords Brady (TX) Granger Musgrave Courtney Kucinich Salazar Berman Costello Gillibrand Burgess Hall (TX) Myrick Cramer Lampson Sa´ nchez, Linda Berry Courtney Gonzalez Burton (IN) Hayes Neugebauer Crowley Langevin T. Biggert Cramer Goode Calvert Heller Nunes Cuellar Larsen (WA) Sanchez, Loretta Bilirakis Crowley Gordon Camp (MI) Hensarling Pearce Cummings Larson (CT) Sarbanes Bishop (GA) Cuellar Graves Campbell (CA) Herger Pence Davis (AL) Lee Schakowsky Bishop (NY) Cummings Green, Al Cannon Hobson Peterson (PA) Davis (CA) Levin Schiff Blumenauer Davis (AL) Green, Gene Cantor Hoekstra Pickering Davis (IL) Lewis (GA) Schwartz Bono Davis (CA) Grijalva Carter Hulshof Pitts Davis, Lincoln Lipinski Scott (GA) Boren Davis (IL) Gutierrez Chabot Hunter Poe DeFazio Loebsack Scott (VA) Boswell Davis, Lincoln Hall (NY) Coble Inglis (SC) Price (GA) DeGette Lofgren, Zoe Serrano Boucher Davis, Tom Hare Cole (OK) Issa Putnam Delahunt Lowey Sestak Boustany DeFazio Harman Conaway Jordan Radanovich DeLauro Lynch Shea-Porter Boyd (FL) DeGette Hastings (FL) Crenshaw Kanjorski Regula Dicks Mahoney (FL) Sherman Boyda (KS) Delahunt Hastings (WA) Cubin King (IA) Rehberg Dingell Maloney (NY) Shuler Brady (PA) DeLauro Herseth Culberson Kingston Rogers (AL) Doggett Markey Sires Braley (IA) Dent Hill Davis (KY) Kline (MN) Rogers (KY) Donnelly Marshall Skelton Brown (SC) Dicks Hinchey Davis, David Knollenberg Rohrabacher Doyle Matheson Smith (WA) Brown, Corrine Dingell Hinojosa Deal (GA) Kucinich Ros-Lehtinen Edwards Matsui Snyder Brown-Waite, Doggett Hirono Diaz-Balart, L. LaHood Roskam Ellison McCarthy (NY) Solis Ginny Donnelly Hodes Diaz-Balart, M. Lamborn Royce Ellsworth McCollum (MN) Space Buchanan Doolittle Holden Dreier LaTourette Ryan (WI) Emanuel McGovern Spratt Butterfield Doyle Holt Duncan Lewis (CA) Sali Engel McIntyre Stark Capito Drake Honda Ehlers Lewis (KY) Saxton Eshoo McNerney Stupak Capps Edwards Hooley Everett Linder Sensenbrenner Etheridge McNulty Sutton Capuano Ellison Hoyer Fallin Lucas Sessions

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.064 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1113 Shadegg Terry Weldon (FL) Goode Matheson Ryan (WI) Lowey Murtha Porter Shimkus Thornberry Westmoreland Goodlatte Matsui Salazar McDermott Norwood Wamp Smith (NE) Tiahrt Whitfield Gordon McCarthy (CA) Sali Murphy (CT) Paul Smith (TX) Tiberi Wicker Granger McCarthy (NY) Sa´ nchez, Linda Souder Turner Wilson (SC) Graves McCaul (TX) T. b 1558 Stearns Walberg Wolf Green, Al McCollum (MN) Sanchez, Loretta So (two-thirds being in the affirma- Sullivan Walden (OR) Young (AK) Green, Gene McCotter Sarbanes tive) the rules were suspended and the Tancredo Wamp Young (FL) Grijalva McCrery Saxton Gutierrez McGovern concurrent resolution was agreed to. NOT VOTING—9 Schakowsky Hall (NY) McHenry Schiff The result of the vote was announced Alexander Gilchrest McDermott Hall (TX) McHugh Schmidt as above recorded. Buyer Hastert Norwood Hare McIntyre Schwartz A motion to reconsider was laid on Harman McKeon Davis, Jo Ann Higgins Paul Scott (GA) the table. Hastings (FL) McMorris Scott (VA) b 1550 Hayes Rodgers Sensenbrenner Stated for: Heller McNerney Mr. PORTER. Mr. Speaker, I was unduly So the joint resolution was passed. Serrano Herger McNulty Sessions delayed for the vote on H. Con. Res. 5, Ex- The result of the vote was announced Herseth Meehan Sestak Hill Meek (FL) pressing the Support for the designation and as above recorded. Shadegg Hinchey Meeks (NY) goals of ‘‘Hire a Veteran Week.’’ Had I been Shays A motion to reconsider was laid on Hinojosa Melancon Shea-Porter able to vote, I would have voted ‘‘yea’’ on H. Hirono Mica the table. Sherman Con. Res. 5. Hodes Michaud Shimkus f Hoekstra Millender- The Armed Services provide invaluable ex- Holden McDonald Shuler perience to the men and women who serve HIRE A VETERAN WEEK Holt Miller (FL) Shuster Simpson this great nation. With this experience, vet- Honda Miller (MI) erans are an extremely valuable asset to our The SPEAKER pro tempore. The un- Hooley Miller (NC) Sires finished business is the question of sus- Hoyer Miller, Gary Skelton workforce in Southern Nevada and throughout Hulshof Miller, George Slaughter the United States. pending the rules and agreeing to the Smith (NE) Inglis (SC) Mitchell f concurrent resolution, H. Con. Res. 5. Inslee Mollohan Smith (NJ) The Clerk read the title of the con- Israel Moore (KS) Smith (TX) PERSONAL EXPLANATION current resolution. Issa Moore (WI) Smith (WA) Snyder Mr. HIGGINS. Mr. Speaker, I was unable to The SPEAKER pro tempore. The Jackson (IL) Moran (KS) Jackson-Lee Moran (VA) Solis attend rollcall votes today, January 31, 2007. question is on the motion offered by Souder (TX) Murphy, Patrick I would like to enter into the RECORD how I in- the gentleman from New Jersey (Mr. Jefferson Murphy, Tim Space tended to vote on the missed rollcall votes: HOLT) that the House suspend the rules Jindal Musgrave Spratt Johnson (GA) Myrick Stark On roll No. 64, On a Motion to Suspend the and agree to the concurrent resolution, Johnson (IL) Nadler Stearns Rules and Pass H. Res. 59, Supporting the H. Con. Res. 5, on which the yeas and Johnson, E. B. Napolitano Stupak goals and ideas of National Engineers Week, Johnson, Sam Neal (MA) nays are ordered. Sullivan I would have voted ‘‘yes.’’ This will be a 5-minute vote. Jones (NC) Neugebauer Sutton Jones (OH) Nunes Tancredo On roll No. 65, On a Motion to Suspend the The vote was taken by electronic de- Jordan Oberstar Tanner Rules and Pass H. Con. Res. 34, Honoring vice, and there were—yeas 411, nays 0, Kagen Obey Tauscher the life of Percy Lavon Julian, I would have not voting 23, as follows: Kanjorski Olver Taylor Kaptur Ortiz voted ‘‘yes.’’ [Roll No. 73] Terry Keller Pallone Thompson (CA) On roll No. 66, On Ordering the Previous YEAS—411 Kennedy Pascrell Thompson (MS) Question on H. Res. 16, I would have voted Kildee Pastor Thornberry ‘‘yes.’’ Abercrombie Burgess DeGette Kilpatrick Payne Aderholt Burton (IN) Delahunt Tiahrt On roll No. 67, On Agreeing to the Resolu- Kind Pearce Tiberi Akin Butterfield DeLauro King (IA) Pence tion on H. Res. 16, I would have voted ‘‘yes.’’ Tierney Allen Calvert Dent King (NY) Perlmutter Towns On roll No. 68, On Consideration of the Altmire Campbell (CA) Diaz-Balart, L. Kingston Peterson (MN) Turner Joint Resolution for H.J. Res. 20, I would have Andrews Cannon Diaz-Balart, M. Kirk Peterson (PA) Udall (CO) Arcuri Cantor Dicks Klein (FL) Petri voted ‘‘yes.’’ Udall (NM) Baca Capito Dingell Kline (MN) Pickering On roll No. 69, On Tabling the Motion to Bachmann Capps Doggett Knollenberg Pitts Upton Reconsider re H.J. Res. 20, I would have Bachus Capuano Donnelly Kucinich Platts Van Hollen ´ voted ‘‘yes.’’ Baird Cardoza Doolittle Kuhl (NY) Poe Velazquez Baker Carnahan Doyle Lamborn Pomeroy Visclosky On roll No. 70, On Tabling the Appeal of the Baldwin Carney Drake Lampson Price (GA) Walberg Ruling of the Chair re H.J. Res. 20, I would Barrett (SC) Carson Dreier Langevin Price (NC) Walden (OR) have voted ‘‘yes.’’ Barrow Carter Duncan Lantos Pryce (OH) Walsh (NY) On roll No. 71, On the Motion to Recommit Bartlett (MD) Castle Edwards Larsen (WA) Putnam Walz (MN) Barton (TX) Castor Ehlers Larson (CT) Radanovich Wasserman with Instructions re H.J. Res. 20, I would have Bean Chabot Ellison Latham Rahall Schultz voted ‘‘no.’’ Becerra Chandler Ellsworth LaTourette Ramstad Waters On roll No. 72, On Passage of H.J. Res. 20, Berkley Clarke Emanuel Lee Rangel Watson Berman Clay Emerson Watt I would have voted ‘‘yes.’’ Levin Regula On roll No. 73, On Motion to Suspend the Berry Cleaver Engel Lewis (CA) Rehberg Waxman Biggert Clyburn English (PA) Lewis (GA) Reichert Weiner Rules and Pass H. Con. Res. 5, Establishing Bilbray Coble Eshoo Lewis (KY) Renzi Welch (VT) Hire A Veteran Week, I would have voted Bilirakis Cohen Etheridge Linder Reyes Weldon (FL) ‘‘yes.’’ Bishop (GA) Cole (OK) Everett Lipinski Reynolds Weller Bishop (NY) Conaway Fallin LoBiondo Rodriguez Westmoreland f Bishop (UT) Conyers Farr Loebsack Rogers (AL) Wexler Blackburn Cooper Fattah Lofgren, Zoe Rogers (KY) Whitfield GENERAL LEAVE Blumenauer Costa Feeney Lucas Rogers (MI) Wicker Mr. OBEY. Mr. Speaker, I ask unani- Blunt Costello Ferguson Lungren, Daniel Rohrabacher Wilson (NM) mous consent that all Members may Boehner Courtney Filner E. Ros-Lehtinen Wilson (OH) Bonner Cramer Flake Lynch Roskam Wilson (SC) have 5 legislative days to revise and ex- Bono Crenshaw Forbes Mack Ross Wolf tend their remarks during debate on Boozman Crowley Fortenberry Mahoney (FL) Rothman Woolsey Boren Cubin Fossella H.J. Res. 20. Maloney (NY) Roybal-Allard Wu The SPEAKER pro tempore. Is there Boswell Cuellar Foxx Manzullo Royce Wynn Boucher Culberson Frank (MA) Marchant Ruppersberger Yarmuth objection to the request of the gen- Boustany Cummings Franks (AZ) Markey Rush Young (AK) tleman from Wisconsin? Boyd (FL) Davis (AL) Frelinghuysen Marshall Ryan (OH) Young (FL) Boyda (KS) Davis (CA) Gallegly There was no objection. Brady (PA) Davis (IL) Garrett (NJ) NOT VOTING—23 f Braley (IA) Davis (KY) Gerlach Brown (SC) Davis, David Giffords Ackerman Davis, Jo Ann Hensarling LEGISLATIVE PROGRAM Brown, Corrine Davis, Lincoln Gillibrand Alexander Gilchrest Higgins (Mr. BLUNT asked and was given Brown-Waite, Davis, Tom Gillmor Brady (TX) Gohmert Hobson Ginny Deal (GA) Gingrey Buyer Hastert Hunter permission to address the House for 1 Buchanan DeFazio Gonzalez Camp (MI) Hastings (WA) LaHood minute.)

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.063 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1114 CONGRESSIONAL RECORD — HOUSE January 31, 2007 Mr. BLUNT. Mr. Speaker, I yield to a week. And on those times when we process on a matter that is non- my friend, the majority leader, for in- don’t have work in Washington and can controversial and very easily could be formation about next week’s schedule. be in the district, people want to meet considered under suspension of the Mr. HOYER. I appreciate the gen- with Members in their office. It does rules if it is being done solely for the tleman yielding. give Members a chance to, during the purpose of saying, aha, we have moved Mr. Speaker, on Monday, the House normal workweek, relate to people, ac- beyond closed rules and we are now will meet at 2 p.m. for legislative busi- tivities, and ongoing events that they considering issues under an open ness. We will consider several bills otherwise can’t relate to. I think al- amendment process when, in fact, under suspension. There will be no most all of our Members are more than there may not even be any amend- votes, however, until 6:30. willing to take time on a Saturday to ments proposed because when this last On Tuesday, the House will meet at meet with people who normally work came before us, it was considered under 10:30 for morning hour business and Monday through Friday. Frankly, most suspension of the rules. noon for legislative business. We will of the people that you would want to I thank my friend for yielding, and if consider additional bills under suspen- meet with see that as a much greater you would like to yield to the majority sion of the rules. A complete list of the imposition than the Members of Con- leader to respond. suspension bills for the week will be gress who really do work more than 5 Mr. BLUNT. I would be pleased to announced later this week. days a week at home and in Wash- yield to my friend, the majority leader, On Wednesday and Thursday, the ington. The work of the Congress is im- for a response to that. House will meet at 10. In addition to portant work, and it doesn’t all occur Mr. HOYER. I will say to my friend suspension bills, we will consider H.R. here on the floor of the House while we this is such a difficult process on this 547, the Advanced Fuels Infrastructure are voting, nor does it all occur in side of the aisle. We considered last Research and Development Act. Now, week a piece of legislation, and one of because we have come to a point where, Washington. I would like to yield to my friend, your Members went to the Rules Com- as you know, the committees have just the ranking member on the Rules Com- mittee and asked for an amendment. recently been fully organized, they are mittee. He has an observation, I think. We gave him an amendment, and then starting to have hearings but because Mr. DREIER. Mr. Speaker, I thank he wrote, apparently, and it caused a we have not produced as much legisla- my friend for yielding. great deal of controversy, that we al- tion, we have been dealing with a lot of I congratulate both the majority lowed the amendment and he really work so far, I know the gentleman will leader and the distinguished minority didn’t want the amendment. be upset and my colleagues will be whip for recognizing especially those of So then we came to the floor with upset that they will have to work at us who are in California. the amendment still allowed. Of home on Friday. I have a whole series of meetings course, he didn’t have to offer it. No- I want to reiterate that. When Mem- that I am going to be holding in Cali- body was forcing him to offer it. But bers are home, they are working. They fornia in the next couple of days, and it there was great consternation that we are listening to their constituents. has been virtually impossible to hold had allowed the amendment and, in- They are having town meetings. They any kind of weekday meeting with con- deed, a substitute, which you appar- are attending meetings. They are at- stituents because of the challenges ently didn’t want either. So it is very tending the chamber of commerce or that we have faced over the past difficult for us. Now we bring a bill the Lion’s Club or the Rotary or the month. that has an open rule and it is so lack- PTA. And I know that our 3-hour workdays ing in controversy that it ought to be So that, although we will not be here and then the half hour on a Friday perhaps a closed rule or a suspension. on Friday, I want to assure the public have made it important to note that We will try to figure out what you that I know, I know that Mr. BLUNT we have been working here, but it has really want, and when we do, we will knows and every Member here knows made it virtually impossible to be able try to do something that pleases you. that when they are not here, they are to hold, as I said, any weekday meet- We are having difficulty so far. in their home, they are working on be- ings in California. Mr. BLUNT. Reclaiming my time, half of their constituents. So we will I would like to just raise a question, Mr. Speaker, I think the point my good not be here on Friday as scheduled be- Mr. Speaker, to the distinguished ma- friend from California is making, and I cause the flow of work will not be jority leader about the issue of the would like to emphasize, is we hope we ready for Friday that we can go schedule for next week. Now, it is my are now moving to rules that are open through the regular order. understanding that the legislation that when possible, that allow amendments As I have told the gentleman and his we are scheduled to consider in the when an open rule is not possible. I colleagues, we really do want to get to Rules Committee may come up under think the point he was making was the regular order so that there are op- an open amendment process, allowing that hopefully this just isn’t to go on portunities to consider bills in commit- us an opportunity to have amendments the record and say, as my good friend tees, report them through the Rules proposed on the floor. The thing that just did, well, once we allowed you an Committee, amend them on the floor concerns me is that while we have had amendment that the Member decided and proceed as both sides, I think, a wide range of measures brought to he didn’t want and then you com- would like. the floor under suspension of the rules, plained about that. We don’t want this b 1600 I have looked back at this legislation to be cited as, well, don’t you remem- Mr. BLUNT. Reclaiming my time, that we are going to be addressing next ber the time we gave you the open rule Mr. Speaker, I thank the gentleman for week, and while it will be wonderful to on a bill that passed unanimously the information. have an open amendment process, it without amendment in the last Con- I don’t want to belabor the point. I will be great if that, in fact, is going to gress? It is time to move on. certainly do want to join him in shar- be decided by the Rules Committee, it My good friend from Maryland knows ing this sense of how hard our Members will be a wonderful thing to be seeing, my high regard for him, and I am going do work and where they work. We but the fact is when this legislation to do my very best, at these weekly op- talked about this at great length a cou- was last considered, it was considered portunities to talk about the schedule, ple of weeks ago. And I think the early under suspension of the rules and to not just complain about the process. discussion of being on the floor of the passed unanimously without a recorded But I do know that my friend, who has House 5 days every single week was vote. A voice vote, in fact, was all that been here longer than I have and un- widely enjoyed by the late-night come- was necessary. derstands and appreciates the process dians and others. And I said at that So I will, just for the record, Mr. in the House, knows that it is to time, and I still believe, our problem is Speaker, say to the distinguished ma- everybody’s advantage if we get to the not that the Members of Congress don’t jority leader, and I thank the distin- place where we are debating these bills, work 5 days a week. guished minority whip for yielding to where the ideas that are brought to the Frankly, our problem is that too me, that I am concerned about the no- floor can stand the challenge of debate many Members of Congress work 7 days tion of utilizing an open amendment and amendment, and we need to get

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.090 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1115 there. As I said last week, I am pre- spend time together and respect one I am wondering specifically, does the pared to look forward, as disappointed another, like one another. It is very majority intend to use these funds to as I was about the way the previous few difficult, I know, having been in your create a new committee that is not weeks have been handled, but there are position for 4 years, not to take the op- currently in existence or currently au- only so many weeks that you can just portunity to express grievances about thorized? be satisfied to think that, well, I am what you believe is not being done that I will yield to my friend for a re- hopeful that next week will be better, is fair to particularly the minority sponse. and I guess here we would be hopeful side. I understand that. Mr. HOYER. I thank the gentleman that the open rule would not just be I simply want to say that we intend, for yielding. the example of the open rule we got on as we have said, and one of the reasons Certainly, those dollars which are al- this kind of bill, but the beginning of we are not meeting Friday is because located in contemplation of the admin- real debate and real opportunity to we have told committees we want them istrative officer having an ability after amend in this Congress. to do the regular order, have hearings, a change, obviously, in management, if I would like to yield again to my have votes in committee, bring bills to you will, to some degree, to have some friend. the Rules Committee, allow amend- flexibility, and as they plan, we will Mr. DREIER. I thank my friend for ments, and as a result, they have said have a better idea of how they are yielding. that is going to take us a little more going to spend that money, which will Mr. Speaker, I would simply like to time. So we do not have work to do. obviously have to be approved in the say to the majority leader that I didn’t And we are not going to hold Members funding resolution out of House Admin- bring up the issue of process, but since here, as Roy Blunt and I have dis- istration, brought to this floor and my very good friend and classmate cussed, if we don’t have work to do. voted upon by the Members. But cer- from Maryland did bring up the issue of But we are going to try to get to sub- tainly, parts of that fund would be process, pointing to the fact that an stance. available if the House decided to create amendment was made in order even I will say, for instance, on today’s a committee. You refer to the Select when that Member did not want to bill, we were very pleased that 57 Mem- Committee on, I am sure, Energy. have the amendment made in order, bers on your side of the aisle voted Mr. BLUNT. I am. Or other select which was clearly stated in a letter with us on this. It was not a bipartisan committees but that one, specifically. that was submitted to the distin- two or three or four or five or six Mem- Mr. HOYER. Or other select commit- guished Chair of the Rules Committee, bers. A quarter of your caucus, indeed tees, if the House chose to do that recognizing that that was an unprece- over a quarter of your caucus, voted for through whatever mechanism it chose dented move, because I will tell you, this bill. It was a bill that we needed to to do that. Yes. The answer to your having served as chairman of the Rules get through on substance. We think question is a portion of that money Committee, time and time again, we that speaks well for the substance, and would be available for that objective. would have Members testify before the that is what we are really talking Mr. BLUNT. And if I understand Rules Committee, making a request about. We want to get to substance in what my good friend said, that money that amendments be made in order, a fair way. And we want to work with would be available, but would be au- and then we would get a letter from you, Mr. DREIER. thorized specifically by the funding that Member asking that that amend- Certainly, I want to work with my resolution that would come from the ment be withdrawn, and every time we good friend, the Republican whip, who House Administration? would immediately disseminate that. is, I think, very sincere in his desire to Mr. HOYER. Of course, any com- So the only reason that there was a make sure that we have legislation mittee, select committee or otherwise, great deal of consternation on the issue move through this body in a way that unless there was a separate bill appro- that my friend has raised is that the all the participants can feel they got a priating money towards that com- action that was taken by the Rules fair shot, whether they win or lose. mittee, we would expect that to be in Committee was completely unprece- I thank the gentleman for yielding. the funding resolution for committees dented. In fact, in all the research that Mr. BLUNT. Mr. Speaker, I thank out of House Administration. we did, we were never able to find any the gentleman for his response. Mr. BLUNT. Again, reclaiming my instance that ever before, under either I would say that while we don’t want time, just to be sure I am right on this, the Democratic majority or the Repub- to debate the bill again that we voted the funding resolution would come be- lican majority, had action like that on today, all of the Republicans voted fore the entire body before the appro- been taken. So that led us to be con- for the motion that would have im- priating committee would decide to do cerned. Similarly, as we look at the proved the bill. Certainly the option of their allocation out of this one billion- prospect of moving ahead with very im- the February 15 deadline has impact. I plus dollars? portant legislation that passed unani- don’t even want to argue the point that I yield to my friend. mously without any amendment, I some of our Members then voted for Mr. HOYER. I don’t know that that would simply say, Mr. Speaker, that to final passage, but all of our Members refers to all the money. That probably simply use, as the distinguished minor- would have liked to have had a more would not be accurate. And if I go fur- ity whip has said, that as an argument wide-ranging debate on the points that ther than I have already gone, I may be to say we provided open rules is, I were raised in the motion to recommit incorrect, and I don’t want to mis- think, a little bit of a stretch. that all of our Members voted for. inform either you or the body because Mr. BLUNT. Mr. Speaker, I yield to We also noted in the bill we just I have not talked to either House Ad- passed that rather than allocating my friend from Maryland. ministration or to Mr. OBEY about the Mr. HOYER. Mr. Speaker, I appre- funds to Members’ committees and specific allocation of these funds. Obvi- ciate the gentleman from California. Of other offices of the House, this bill, es- ously, if the CR passes, they are appro- course, the gentleman to which he re- sentially a bill that contained the priated to this fund for the CAO under fers, as he knows, voted for the rule. In funding for half of the discretionary the language that you read subject to addition, as the gentleman knows, we spending, provided a lump sum in ex- the Appropriations Committee’s ap- gave your side the opportunity to have cess of $1 billion. I think the exact proval. unanimous consent to amend the rule. quote that I will refer to for the leader You chose not to ask for that. We was ‘‘to be allocated in accordance would not have objected to it. It gives with the allocation plans submitted by b 1615 us both good talking points, I suppose, the chief administrative officer and ap- However, in terms of the select com- but I think the point of this whole dis- proved by the Committee on Appro- mittee or committee, my expectation cussion is we want to get beyond talk- priations.’’ would be that that specific item, not ing points. A pretty wide-ranging ability to now necessarily other items, would be sub- I say to my friend, and everybody in set specific allocations and for the Ap- ject to the funding resolution out of this House knows that Roy Blunt and propriations Committee to approve House Administration and come to this Steny Hoyer are good friends who those. body.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.091 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1116 CONGRESSIONAL RECORD — HOUSE January 31, 2007 Mr. BLUNT. Mr. Speaker, reclaiming terms of this week, looking at 2 days of DISPENSING WITH CALENDAR my time I have here, does the gen- suspensions, 1 day of a bill that we WEDNESDAY BUSINESS ON tleman have a sense on the specific Se- have had on suspension before, even WEDNESDAY NEXT lect Committee on Global Warming though it would have a rule, that I Mr. HOYER. Mr. Speaker, I ask and the Environment, or whatever it would think it would not be an unrea- unanimous consent that the business might be called, when that issue may sonable goal for us to set to get our, in order under the Calendar Wednesday come to the floor as a question? particularly our west coast Members, rule be dispensed with on Wednesday Mr. HOYER. Well, if it is included in on the way home on late Thursday next. the House Administration funding res- afternoon, rather than having to wait The SPEAKER pro tempore. Is there olution, and I am not saying that it until Friday morning. objection to the request of the gen- will be, it may be in some other vehi- But I would also assume, having done tleman from Maryland? cle. But, if it did, that usually comes both of the jobs you have held in the There was no objection. middle of March, late March, so that last few months, that there will be f the committees can have a sense of times when we will not necessarily what their funding capabilities are. NO PLAN FROM DEMOCRATS Mr. BLUNT. I thank my friend for need to be here on Friday, but to meet (Ms. FOXX asked and was given per- that information. I am sure that all of that goal we may have to work late mission to address the House for 1 our Members, as they hear the news enough on Thursday that many Mem- minute and to revise and extend her re- about the ability to work in their dis- bers would not be on Thursday flights. marks.) tricts on Friday, will be hoping to be I clearly understand that. Ms. FOXX. Mr. Speaker, I rise today on a plane Thursday night or Friday Mr. HOYER. I don’t want to prolong to ask my colleagues on the other side morning. I am not sure that I listened this, but I do want to say that the gen- of the aisle for their plan for winning carefully to your sense of what would tleman is correct in terms of, that is the war on terror and for the current be the end of the day on Thursday why I answered glibly and quickly. So situation in Iraq. The only things that since we would not be here on Friday. I think the gentleman may be correct. we have heard from Democrats has I am sure you said that, but if you I don’t want to pledge that, but he may been criticism. would repeat. be correct because of the factors that I also want to point out an article in Mr. HOYER. I don’t think I said a he has pointed out. today’s Wall Street Journal and insert time on Thursday. As you know as the entire article in the RECORD. The I would say, in closing, that I know well, perhaps better than I do over the article is entitled, ‘‘Progress in Bagh- there has been some, joviality is a kind last years, particularly as you were the dad’’; and it says, Capitol Hill has prob- word, about what Mr. DREIER men- leader, you cannot always predict the ably been too busy running for polit- tioned in the schedule getting out at 3 time frame. But I would hope on Thurs- ical cover to notice, but the last few o’clock in the afternoon. day we would get out at a reasonable days in Iraq have actually featured hour to facilitate Members returning But I will say with all due respect to good news, as the government seems to home. my friend, notwithstanding that jovi- be making some progress on key polit- Mr. BLUNT. Would you expect that ality, we believe that the last 3 weeks ical and security issues. the Thursday schedule would meet the in terms of what this House has done in And it ends with, the Bush adminis- standard that we have been trying to terms of its ethical standards, in terms tration has itself made many mistakes set on the Friday schedule, if we can at of dealing with the safety of Americans trying to micromanage Iraq’s political all? in the 9/11 bill, in terms of dealing with development, but it now seems to un- Mr. HOYER. Yes. the minimum wage, energy, dealing derstand that it is fated to deal with Mr. BLUNT. That is all I need to with college costs, dealing with pre- the Shiite-led government it has. Con- know. scription drugs and dealing with stem gressmen who are sincere in wanting to Mr. HOYER. Let me retract that be- cell research, dealing with passing a take the Iraq issue off the table in 2008 cause I don’t want to make a rule on CR that has funding for work that sat could help by showing a similar com- that. on the tarmac, if you will, and never bination of resolve and humility. Mr. BLUNT. I understand. got off the ground to the President for I think we need the resolve and hu- Mr. HOYER. I want to have Members approximately 14 months or 13 months. mility to say that we are there for vic- be very clear. If we are able to do our We believe that we have provided a tory and that failure is not an option. work within the time frame of Thurs- schedule in which we have done very [From the Wall Street Journal] day, it may well be a late Thursday. substantial work. We hope the Amer- PROGRESS IN BAGHDAD When I say late, 5, 6, 7 o’clock Thurs- ican people are pleased with that, and Capitol Hill has probably been too busy day, as opposed to 1 or 2 o’clock. So I we continue to try to do that. running for political cover to notice. But the maybe answered too quickly on the last few days in Iraq have actually featured Friday schedule. Because on Friday we Mr. BLUNT. I thank the gentleman good news, as the government seems to be very definitely will be trying to get for yielding back. making some progress on key political and out, as I have said, no later than 2 I know many of my colleagues on the security issues. One step forward is that Prime Minister o’clock and as close to 1 as we can. floor assume that yielding that time Nouri al-Maliki has won parliamentary That gives us 4 hours. As you know, we gave you a good chance to talk about backing for his Baghdad security plan. This have agreed that we will go in at 9. So the last few weeks, and there are means the elected representatives of Iraq’s that gives us 4 hours of legislative time things to talk about. But I am sure you Shiites, Sunnis and Kurds remain capable of to work on Fridays. are getting plenty of discussion from compromise and are willing to give the new Committees, as I might tell my all of the Members of the House, in- strategy a chance to work. friend, you might be interested, the cluding the Members of the majority, There’s also evidence that the Baghdad Government Operations Committee about the schedule. I think that the de- plan is having an effect. Yes, al Qaeda bombs targeted the Shiite Ashoura holiday as ex- will be having hearings on Friday of termination for next week, which I be- pected. But there are also widespread reports next week, notwithstanding the fact lieve would have been the first 5-day of Sunni jihadists fleeing the capital in an- that we are not here. So not only are week we have had scheduled to work ticipation of a crackdown. Prime Minister they working at home, but there also all 5 days, I think the determination of Maliki has already started moving against will be people working here in Wash- next week shows the leader’s willing- Shiite militias, which might explain an ap- ington, notwithstanding the fact that ness to look at the facts of the week, parent drop in sectarian violence. No one we are not on the floor. rather than to be pinned down to a should get overconfident, but clearly the bad Mr. BLUNT. I would also like to say, standard that doesn’t necessarily let guys are taking the joint U.S.-Iraqi effort to pacify the capital seriously. Meanwhile, the Mr. Speaker, as it might make that an- the Members do all of the work they weekend saw an encouraging performance by swer easier for the future, I did not need to do in the various places they the Iraqi security forces who took control of mean in any way to set a standard for need to do it. I am glad to see that the Najaf area only about a month ago. Act- future weeks. But I was thinking in change. ing on their own intelligence, Iraqi police

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.093 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1117 and a battalion from the Eighth Army Divi- to ensure the funding of the Texas ment and other employees. In my State sion confronted a radical Shiite sect calling Southern University Laboratory alone, there will be up to 1,000 people themselves the Soldiers of Heaven who had School through the Department of losing their jobs beginning quite soon. reportedly planned to assassinate main- Housing; and, yes, we will be working Congress must act and soon. We will stream Shiite clerics, including the mod- erate Grand Ayatollah Ali Sistani. to get NASA funding by redeploying or soon request that the leadership put in Some observers are trying to spin this bat- to redistribute those funds. the emergency supplemental, money to tle as a defeat for the government, because This is a good CR. The agencies can fund for 1 year the Safe and Secure the first Iraqi units on the scene had to call work with it. Make sure the agencies County Rural Schools Act to give the for reinforcements and for American air work right on behalf of the American authorizing committees time to put in power. But the fact that Iraqi forces were people. place a full 7-year reauthorization suit- able to pre-empt the attack on Najaf before ably offset with other funds. it began, and that everyone involved was f able to coordinate the operation and soundly CONGRATULATING ROSWELL HIGH f defeat the enemy makes it sound like a suc- SCHOOL ON THEIR CHAMPION- SPECIAL ORDERS cess to us. Hundreds of the insurgents were SHIP SEASON killed, compared to a handful of Iraqi and The SPEAKER pro tempore. Under U.S. troops. This may well be a model for (Mr. PRICE of Georgia asked and was the Speaker’s announced policy of Jan- how U.S. troops might play a supporting role given permission to address the House uary 18, 2007, and under a previous down the road—assuming Washington gives for 1 minute.) order of the House, the following Mem- them a chance to get Baghdad under control Mr. PRICE of Georgia. Mr. Speaker, bers will be recognized for 5 minutes first. today, I proudly rise to honor and con- each. For the moment at least, Iraq seems to be gratulate some spectacular student inching in the right direction. After a week f of Western lamentations about the graceless- athletes from Georgia’s Sixth District. The SPEAKER pro tempore. Under a ness of the Saddam hanging, it became clear This past month one of our hometown previous order of the House, the gen- that the primary effect of the execution was high schools brought home the State tleman from (Mr. JONES) is recognized to enhance Prime Minister Maliki’s stature football championship. for 5 minutes. in Iraq. Mr. Maliki, in turn, is using that po- After an inspired season that united (Mr. JONES of North Carolina ad- litical capital. The last thing he needs is to our community, Roswell High School have his efforts undermined by votes of no- dressed the House. His remarks will ap- awed all of Georgia with their first pear hereafter in the Extensions of Re- confidence in Washington—or meddling by State football title in 36 years; and be- Congressmen with ‘‘benchmarks’’ who pre- marks.) cause of the passion and commitment tend to know better than he does how to deal f with the most difficult issues, such as how and intensity shown by the players, coaches, classmates and the commu- The SPEAKER pro tempore. Under a best to marginalize Moqtada al-Sadr. previous order of the House, the gen- The Bush Administration has itself made nity alike, this season will forever be many mistakes trying to micromanage marked in history. tleman from New Jersey (Mr. PALLONE) Iraq’s political development, but it now The Roswell Hornets won the 5A is recognized for 5 minutes. seems to understand that it is fated to deal State championship in what was an ex- (Mr. PALLONE addressed the House. with the Shiite-led government it has. Con- traordinary example of both skill and His remarks will appear hereafter in gressmen who are sincere in wanting to take athleticism. These talented young men the Extensions of Remarks.) the Iraq issue off the table in 2008 could help f by showing a similar combination of resolve showed what is possible with hard work and humility. and unyielding determination. b 1630 These student athletes will always Let’s unite. HRANT DINK’S FINAL ARTICLE f cherish the memory of this season. The players, their families and their class- The SPEAKER pro tempore (Mr. IN SUPPORT OF THE CONTINUING mates who cheered them on will always SCOTT of Georgia). Under a previous RESOLUTION’S PASSAGE look back to the 2006 season as a source order of the House, the gentleman from (Ms. JACKSON-LEE of Texas asked of pride, accomplishment and satisfac- California (Mr. SCHIFF) is recognized and was given permission to address tion. Roswell High School learned more for 5 minutes. the House for 1 minute and to revise than how to win a championship this Mr. SCHIFF. Mr. Speaker, about a and extend her remarks.) last year. They learned what happens week and a half ago, a courageous jour- Ms. JACKSON-LEE of Texas. Mr. when everyone comes together in pur- nalist by the name of Hrant Dink was Speaker, I think it is important for us suit of a dream. murdered outside of his newspaper of- to reflect on the last couple of hours of I know that the House of Representa- fice in Istanbul. I would like to read debate, and I call it fixing of the fiscal tives joins me in congratulating today some of the comments that he calamity that occurred over the last Roswell High School from Roswell, made in his last newspaper article Agos year when this body and the majority Georgia. on January 19, the day that he was of my friends on the other side of the f shot dead. aisle failed to complete our funding re- He wrote, ‘‘At first, when an inves- sponsibilities. REAUTHORIZE THE SAFE AND SE- tigation was launched against me for Today, we passed a vigorous CR, and CURE COUNTY AND RURAL insulting Turkishness, I did not feel I think it should not be interpreted as SCHOOLS ACT troubled. This was not the first time a negative, but we should look at the (Mr. DEFAZIO asked and was given ... positives that we will be able to pro- permission to address the House for 1 ‘‘I had complete trust in what I’d vide, if you will, the continuing of minute.) written and what had been my inten- funding and get immediately into, one, Mr. DEFAZIO. Mr. Speaker, well, tions. the emergency supplemental but also today Congress passed a continuing ‘‘Once the prosecutor had the chance the appropriations process. $3.6 billion resolution making up for some of the to evaluate the text of my editorial as now goes extra to our veterans, many problems created by the Republican a whole, not that single sentence, of them returning from Iraq for their majority not getting their work done, which made no sense by itself, he health care. but they did not got another crucial would understand that I had no inten- The change in the section 8 for many piece of work done, the reauthorization tion of insulting Turkishness and this that are not being housed because of a of the Safe and Secure County and comedy would come to an end. I was faulty formula, we now can provide Rural Schools Act. If that is not reau- sure of myself. But, surprise! A lawsuit housing for many in our community. thorized, if that is not funded in short was filed. And, yes, an enhanced funding for sci- order, over 4,400 rural schools in 40 ‘‘In covering every hearing, the news- entific research. The ability for our States will lose funding, 780 rural coun- papers, editorials and television pro- agencies to reprogram their dollars. ties will lose funding for roads, county grams all referred to how I had said Many of us will be working, for in- officials will be forced to lay off crit- that the blood of the Turk is poi- stance in my district, I will be working ical public safety, rescue, law enforce- sonous.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.079 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1118 CONGRESSIONAL RECORD — HOUSE January 31, 2007 ‘‘Each time they were adding to my ‘‘I am now applying to the European chitect of the United States Capitol, fame as the enemy of the Turk. Court of Human Rights. I don’t know Alan M. Hantman. And I am pleased to ‘‘In the corridors of the courthouse, how long the case will take, but I do rise this evening to recognize his serv- the fascists physically attacked me know that I will continue living here in ice. with racist curses. Turkey until the case is finalized. Of course, we have had many presi- ‘‘They bombarded me with insults. ‘‘And if the Court rules in my favor, dents, we have had many Speakers of Hundreds of threats hailed down for I will be very happy and will never the House. We have only had 10 archi- months by phone, e-mail and post, in- have to leave my country. tects who have been in charge of this creasing all the time. ‘‘2007 will probably be an even harder incredible structure that we call our ‘‘I persevered through all of this with year for me. The Court cases will con- United States Capitol. patience, awaiting the decision that tinue. New ones will be initiated and Alan Hantman will leave his service, would acquit me. God knows what kind of additional in- leaving a legacy untold by almost any ‘‘Then the truth would prevail and justices I will have to face. of his predecessors. And it has been my all those people would be ashamed of ‘‘I may see myself as frightened as a honor and pleasure to work with him what they had done. pigeon, but I know that in this country on a project that will dramatically ‘‘My only weapon was my sincerity. people do not touch pigeons. change the nature of the United States But when the decision came out, my ‘‘Pigeons can live in cities, even in Capitol, that is, the United States Cap- hopes were crushed. From then on, I crowds. A little scared perhaps, but itol Visitors Center. was in the most distressed situation a free.’’ Let me reminisce for just a minute, person can possibly be in. Well, Mr. Dink, unfortunately, found as I thank him for his 10 years of dedi- ‘‘The judge had made a decision in otherwise when he was gunned down cated and sometimes difficult and try- the name of the Turkish nation and it outside of his office by young men no ing service to Congress. But let me had legally registered that I had deni- doubt inflamed by the passions that reminisce, if I may, about Alan grated Turkishness. I could have coped the government did so little to quell. Hantman coming to serve as our with anything but this. Hrant Dink, who had the courage to United States Capitol architect. ‘‘In my understanding, the denigra- talk about some of the darkest periods I have been involved in the Capitol tion of a person on the basis of any dif- of Ottoman history, of the genocide of Visitors Center for some 14 years, since ference, ethnic or religious, is racism, the Armenian people, the first genocide I came to Congress, committed that and there was no way this could ever of last century that claimed a million the people who visit this institution be forgiven . . . and a half lives, paid for that courage should have the opportunity to have an ‘‘Those who tried to single me out with his life. enjoyable, informative and memorable and weaken me have succeeded. With Well, we will have the courage here visit to the United States Capitol. In- the false information they oozed into soon to take up a resolution on the Ar- stead, in the past, they have stood in society, they created a significant seg- menian genocide. All we have to do is the rain, snow, sleet, cold, ice, without ment of the population who saw Hrant vote. That is very little compared to even common comforts or courtesy in Dink as someone who insults what Hrant Dink did and the price that front of our most historic structure, Turkishness. he paid. and sometimes denied access to the ‘‘The memory of my computer is I had a chance to meet him in structure or again common conven- filled with angry, threatening lines Istanbul a couple of years ago. He was iences. sent by citizens from this sector. optimistic about the future. He was op- I was a little bit afraid because I ‘‘How real are these threats? To be timistic about Turkey’s future, about know the way this place runs, when honest, it is impossible for me to know its willingness to examine its past. Re- they were selecting an architect, some for sure. grettably, that optimism was mis- 10 years ago, that they might find ‘‘What is truly threatening and un- placed. someone in this process that would bearable for me is the psychological Today we remember a courageous deep six the project, so I spent a par- torture I placed myself in. The ques- journalist, Hrant Dink. And his legacy ticular amount of time as author of tion that really gets to me is: What are lives on. two authorization measures for the these people thinking about me? project, talking to Alan Hantman, and ‘‘Unfortunately, I am now better f I was convinced he was the right per- known than before and I feel people The SPEAKER pro tempore. Under a son at the right time in the history of looking at me, thinking: Oh, look, isn’t previous order of the House, the gen- the United States Capitol. he that Armenian guy? tleman from California (Mr. DREIER) is He undertook that expansion of the ‘‘I am just like a pigeon, equally ob- recognized for 5 minutes. United States Capitol Building, the sessed by what goes on on my left and (Mr. DREIER addressed the House. largest in history. It will increase the right, front and back. My head is just His remarks will appear hereafter in volume, the sheer volume of the Cap- as mobile and fast. the Extensions of Remarks.) itol by some 70 percent. And he has ‘‘What did foreign Minister Gul say? f done an incredible job. Or Justice Minister Cicek? There is no At the same time, he has had to HONORING ALAN M. HANTMAN need to exaggerate about Article 301 on make this Capitol run. I often joked insulting Turkishness. Has anyone The SPEAKER pro tempore. Under a when I first came here that the U.S. been actually put in prison? previous order of the House, the gen- Capitol was run like a southern planta- ‘‘As if going to prison was the only tleman from Florida (Mr. MICA) is rec- tion with bad management. price to pay. This is the price. This is ognized for 5 minutes. Alan Hantman changed that. He the price. Mr. MICA. Mr. Speaker, I am pleased brought professionalism to his position ‘‘Do you ministers know the price of tonight to come to the floor for a spe- and to service and to, again, to the making someone as scared as a pigeon? cial order presentation. Let me start most monumental project, not on be- ‘‘What my family and I have been out by reading some names. Dr. Wil- half of those who serve here. The Cap- through has not been easy. I have con- liam Thornton, Benjamin Henry La- itol Visitor Center, in fact, is the first sidered leaving this country at times trobe, Charles Bulfinch, Thomas U. structure and expansion to the Capitol ... Walter, Edward Clark, Elliott Woods, in the history of the Capitol for the ‘‘But leaving a boiling hell to run to David Lynn, J. George Stewart, George public, for those who own the place and a heaven is not for me. I wanted to M. White, and Alan M. Hantman. to make, again, their visit an enjoy- turn this hell into heaven. My colleagues, I read these names. able, informative and educational expe- ‘‘We stayed in Turkey because that They are the names of the 10 architects rience. was what we wanted, out of respect for of the United States Capitol. Alan brought with him great experi- the thousands of people here who sup- This week will mark the last days in ence from the private sector with more ported me in my fight for democracyer. service to the United States Congress, than 10 years heading up the Rocke- ... and this historic structure, of the Ar- feller Center Management Corporation

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.098 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1119 in New York City, overseeing that curity responsibilities while also ful- The SPEAKER pro tempore. Under a great project, and then coming here. filling its other critical missions, in- previous order of the House, the gentle- Now, I know he has had 535 bosses, a cluding drug interdiction, search and woman from California (Ms. WOOLSEY) smaller group of Capitol preservation rescue, and maritime safety oversight. is recognized for 5 minutes. on which I serve, and then the leaders We began that effort just yesterday (Ms. WOOLSEY addressed the House. of the House and Senate and some of with an oversight hearing on the Coast Her remarks will appear hereafter in the appropriators and other author- Guard’s $24 billion, 25-year Deepwater the Extensions of Remarks.) izers. I call him working for 19 prima procurement, through which the Coast f donnas. But he has completed the Guard is acquiring the ships, planes The SPEAKER pro tempore. Under a structure, planning, and under the and helicopters that the service will previous order of the House, the gentle- most difficult circumstances you can utilize for decades to come to ensure woman from North Carolina (Ms. FOXX) imagine. the safety and security of the Amer- is recognized for 5 minutes. When people see the Visitor Center, ican people, United States ports, and (Ms. FOXX addressed the House. Her the name of Alan Hantman will live our maritime industry. remarks will appear hereafter in the forever in the history of the United Importantly, our subcommittee will Extensions of Remarks.) States Congress and our country. also balance oversight of the Coast f f Guard with our responsibility to strengthen maritime transportation. The SPEAKER pro tempore. Under a COAST GUARD AND MARITIME The United States Maritime Admin- previous order of the House, the gen- TRANSPORTATION ISSUES istration estimates that the total vol- tleman from Florida (Mr. WELDON) is The SPEAKER pro tempore. Under a ume of trade handled by U.S. ports will recognized for 5 minutes. previous order of the House, the gen- double in the next 15 years, Mr. Speak- (Mr. WELDON of Florida addressed tleman from Maryland (Mr. CUMMINGS) er. To prepare our Nation to handle the House. His remarks will appear is recognized for 5 minutes. such cargo growth, we will examine hereafter in the Extensions of Re- Mr. CUMMINGS. Mr. Speaker, I rise how U.S. ports can more fully be inte- marks.) today to discuss some important issues grated into a multi-modal transpor- f that confront the 110th Congress re- tation network. CONGRATULATING UC SANTA garding the structure and missions of We will also work to foster a prag- BARBARA MEN’S SOCCER TEAM the United States Coast Guard and the matic dialogue between the members broader field of maritime transpor- of the commercial maritime commu- The SPEAKER pro tempore. Under a tation. nity and the United States Coast Guard previous order of the House, the gentle- I am deeply honored to have been se- to ensure that each group understands woman from California (Mrs. CAPPS) is lected by Chairman JAMES OBERSTAR what the other needs to succeed in recognized for 5 minutes. and by my colleagues on the Transpor- what should be their complementary Mrs. CAPPS. Mr. Speaker, I am hon- tation and Infrastructure Committee pursuits. ored to support House Resolution 70, a to chair the Coast Guard and Maritime resolution that this House passed ear- 1645 Transportation Subcommittee and to b lier this week congratulating the Uni- move on an ambitious agenda that will Security of the United States ports versity of California Santa Barbara address these critical issues. and cargo transported through them men’s soccer team for winning the I look forward to implementing the will be a major priority of the sub- NCAA Division I National Champion- three policy objectives that Chairman committee. The House of Representa- ship. I use these minutes to give my OBERSTAR has laid out for the Trans- tives has already passed H.R. 1, which congratulations to the team and to the portation Committee, which include not only implemented the rec- community. ensuring the safety and security of our ommendations of the 9/11 Commission Along with my colleague, Elton transportation infrastructure; sup- but exceeded these recommendations Gallegly, I am thrilled have this oppor- porting expanded investment in trans- by phasing in requirements that will tunity to congratulate every player, portation infrastructure to relieve con- lead to the scanning of all cargo bound coach, alumnus, faculty member, and gestion and enhance mobility; and en- for United States ports. supporter of UC Santa Barbara. suring environmental stewardship, in- The Subcommittee on Coast Guard On December 3, 2006, the UC Gauchos cluding combating global warming. and Maritime Transportation will work captured the National Championship In the area of safety and security, closely with the Committee on Home- by scoring two goals against the Uni- the subcommittee will diligently over- land Security, led ably by Chairman versity of California. This is UCSB’s see the implementation of the Coast BENNIE THOMPSON, to examine the gaps second national title in school history. Guard’s $8.3 billion fiscal year 2007 that remain in port security and to fill While all the Gauchos played their budget, including the more than $1.1 these gaps in ways that protect our Na- hearts out, I would like to acknowledge billion appropriated to fund the reha- tion from emerging threats while not two standout performances. Sophomore bilitation and modernization of the unduly slowing commerce to our ports. Nick Perera scored a goal and assisted Coast Guard’s fleet through the Deep- f on Eric Avila’s game winner on his way to earning All-College Cup Most Out- water procurement program. REMOVAL OF NAME OF MEMBER The United States Coast Guard is a standing Offensive Player of the Tour- AS COSPONSOR OF H. RES. 106 critical part of our homeland security nament honors. Junior Andy Iro, de- system, and is the lead agency respon- Mr. JINDAL. Mr. Speaker, I ask spite playing through an injury, helped sible for ensuring the security of all unanimous consent that my name be keep UCLA at bay and was named All- ports in our Nation, including the more removed as a cosponsor of House Reso- College Cup Most Outstanding Defen- than 150 ports that handle the bulk of lution 106. sive Player. our Nation’s foreign and commercial The SPEAKER pro tempore (Mr. While the beginning of the Gaucho commerce. SCOTT of Georgia). Is there objection to season was plagued by inconsistent The Coast Guard is also a vital part the request of the gentleman from Lou- play, the Gauchos fought to recover, of our emergency response system, as isiana? winning 10 of their last 11 games, in- demonstrated when it was the only There was no objection. cluding six straight in the tournament. Federal agency that could come to the f Coach Tim Vom Steeg, a UCSB alum, rescue of thousands of Hurricane The SPEAKER pro tempore. Under a and his staff, Greg Wilson, Neil Jones, Katrina victims left stranded in the previous order of the House, the gen- and Eric Foss, deserve tremendous Gulf. tleman from Texas (Mr. POE) is recog- praise not only for their impressive Our subcommittee will closely exam- nized for 5 minutes. leadership in the 2006 season but also ine whether the Coast Guard has ade- (Mr. POE addressed the House. His for leading the dominating Gauchos to quate resources to enable it to imple- remarks will appear hereafter in the their second NCAA National Cham- ment its significant new Homeland Se- Extensions of Remarks.) pionship in 3 years. Coach Vom Steeg’s

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.100 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1120 CONGRESSIONAL RECORD — HOUSE January 31, 2007 colleagues were so impressed with his Because so many children were from teenagers, who worked for Safe Pas- coaching abilities that they named him migrant families and spoke little or no sage over the years. There are 50 volun- the National Soccer Coaches Associa- English, Hanley decided to go to Gua- teers working at Safe Passage in any tion of America National Coach of the temala to learn to speak their lan- given month, including 20 long-term Year, the most prestigious award that guage. While in Guatemala City in 1999, volunteers who make a 1-year or 2-year a Division I soccer coach can receive, the Portland Press Herald reported, a commitment to the program. and this for the second time. friend suggested she visit the garbage As Jason Moyer-Lee told the Port- Mr. Speaker, while the men’s soccer dump. There, Denning began the work land Press Herald’s Bill Nemitz, ‘‘I team is a great example of the excel- that would come to define her life. couldn’t believe that someone from my lence the university produces, there is On that trip to the dump, the largest town who went to my high school could much more to celebrate. As many of in Central America, Hanley was actually make something like that you know, my husband, Walter, was a shocked to see a tiny hand reaching happen. When Hanley sat down and professor of religious studies for more out from a cardboard box. ‘‘At first she talked to you, she made you feel like, than 30 years at this campus at UCSB thought it was a doll, then she realized without your help, Safe Passage before he became a Member of Con- it was a baby,’’ her friend Rachel Meyn couldn’t happen,’’ he said. ‘‘It didn’t gress. Through his experience as a pro- told the Press Herald. ‘‘The image kept matter how much you gave or how lit- fessor and my own as a graduate, I playing over and over in her head,’’ tle, she made you feel like you were have watched this university rightfully Meyn added, ‘‘and from then on she de- the number one contributor.’’ gain national attention. cided she had to do something.’’ What ‘‘I’ve never loved more than when I The University currently has five Hanley Denning did was to sell her car was combing lice out of children’s Nobel Laureates on faculty and was re- and her computer, convert an old chap- hair,’’ added Aly Spaltro, a Brunswick cently ranked in the top 15 best public el near the dump into a drop-in center High School senior who volunteered at schools in the Nation by U.S. News and for the children, and give 40 Guate- Safe Passage in the past and plans to World Report; and with a breath- malan boys and girls a refuge from the return before she returns to college. takingly beautiful campus, it is no filth and stench of the dump. Although his sister Hanley died wonder that the men’s soccer team and Hanley soon learned that the health young, her brother Jordan said at her the University can attract such nota- hazards at the dump were only a small memorial that she had lived a much ble talent from all over the world. part of the danger facing these chil- fuller life than most people, and she in- If any of my colleagues ever find dren. Most came from single-parent spired everyone who loved her to ‘‘give themselves on California’s central households, where mothers scavenged every ounce of ourselves to what we coast, I encourage you to stop by this the dump, often helped by the children, truly believe in.’’ beautiful campus and see for yourself to find scrap to sell in order to buy Mr. Speaker, I refer to all that it has to offer. Of course, don’t food. Drug abuse, crime, child abuse, safepassage.org for on Hanley forget to catch a soccer game at Harder and predation were rampant. Hanley Denning’s life. Stadium. Go Gauchos. decided to create an environment Catherine Lopez Reyes, a five year old at f where the children could escape harm Safe Passage, best summed up the feelings and find the kind of encouragement The SPEAKER pro tempore. Under a of all whose lives Hanley Denning changed for that she as a former Head Start teach- previous order of the House, the gentle- the better: ‘‘Hanley, te quiero mucho, We love er knew would give them a better you very much, Hanley. woman from New York (Mrs. MCCAR- chance to grow into healthy successful To learn more about Hanley Denning and THY) is recognized for 5 minutes. adults. She called it ‘‘Camino Seguro,’’ her Safe Passage program, visit the website (Mrs. MCCARTHY of New York ad- Safe Passage. The mothers and the dressed the House. Her remarks will safepassage.org. children of Guatemala call Hanley See safepassage.org for the extraordinary appear hereafter in the Extensions of Denning ‘‘Angel del Basuero,’’ Angel of story of the life of a remarkable woman. Remarks.) the Dump. f f Eight years later, Hanley’s modest The SPEAKER pro tempore. Under a effort has grown into a program that HONORING FIRST LIEUTENANT previous order of the House, the gen- helps more than 500 needy children at JACOB N. FRITZ tleman from Missouri (Mr. HULSHOF) is three sites. It has an annual budget of The SPEAKER pro tempore. Under a recognized for 5 minutes. $1.6 million and 100 Guatemalan staff previous order of the House, the gen- (Mr. HULSHOF addressed the House. members, including teachers, social tleman from Nebraska (Mr. His remarks will appear hereafter in workers, cooks, and other support FORTENBERRY) is recognized for 5 min- the Extensions of Remarks.) staff. There is a three-story edu- utes. f cational reinforcement center, with 13 Mr. FORTENBERRY. Mr. Speaker, classrooms, a fully stocked library, a the conflict in Iraq weighs heavily on HANLEY DENNING, ‘‘ANGEL DEL computer lab with 13 computers, a us all, especially when we receive cas- BASUERO’’ kitchen for preparing 550 lunches daily, ualty announcements and face the The SPEAKER pro tempore. Under a a medical clinic serving all children stark reality of precious lives lost far previous order of the House, the gen- and their family members, and a gar- from the comfort of home and family. tleman from Maine (Mr. ALLEN) is rec- den. Teens can receive vocational Today, I would like to pay tribute to ognized for 5 minutes. training, mothers and grandmothers First Lieutenant Jacob N. Fritz of Mr. ALLEN. Mr. Speaker, Hanley can attend adult literacy and parenting Verdon, Nebraska, who lost his life in a Graham Denning was only 36 when a classes. brutal ambush on January 23. terrible traffic accident in Guatemala In addition to their daily hot A graduate of the United States Mili- took her away from us on January 18. lunches, each child who attends regu- tary Academy at West Point, Lieuten- She was revered in Guatemala where larly receives a monthly food bag for ant Fritz served valiantly in the she was known as ‘‘El Angel del their family. Nearly 600 children fated Army’s 25th Infantry Division when he Basuero,’’ the Angel of the Dump. to scavenge the dump like their par- came under attack near Karbala, Iraq. Hanley was a native of Yarmouth, ents are now in school. ‘‘I used to look While details are still pending, we Maine, and a Bowdoin College grad- into the children’s eyes and see the know that a group of men wearing U.S. uate, with a master’s degree in early adults they would become,’’ Hanley military uniforms infiltrated a govern- childhood education from Wheelock once told the reporter. ‘‘Now they have ment compound and opened fire on College. a little hope. I see a bit more spark.’’ Lieutenant Fritz, who was standing After college, she helped children af- But the success of Safe Passage is outside his vehicle at the time of the fected by AIDS in Roxbury, Massachu- only part of Hanley Denning’s legacy. incident. setts, and then taught impoverished Her angelic touch reached beyond the Mr. Speaker, I am so grateful to Lyle children at a Head Start program in Guatemalan slums and into the lives of and Noala Fritz, Jacob’s parents, for North Carolina. hundreds of volunteers, many of them taking so much time to speak with me

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.107 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1121 about Jacob recently. As Noala said to have the ability to complete or trans- port of Operation Iraqi Freedom. Colo- me, ‘‘God got a good one.’’ fer their duties in an orderly manner, nel Allgood died of injuries sustained Continuing a proud family tradition, defend themselves as necessary, and be when his helicopter crashed. Brian’s Lieutenant Fritz’s brother Daniel is fully supported as they move out of wife and son reside in Heidelberg, Ger- currently at West Point and is sched- Iraq. Once the withdrawal is com- many, and his parents, Gerald and Cleo uled to graduate in the year 2008. I pleted, defense funding for the war Allgood, reside in Colorado Springs, want to reassure Daniel and the entire would end. Colorado. Fritz family that we are all united in Under this bill, financial support and Colonel Allgood graduated from West our support and concern for the out- equipment could continue to be pro- Point in 1982 and from the University standing men and women who willingly vided to the Iraqi security forces or to of Oklahoma Medical Center in 1986. risk their lives in Iraq under arduous a multilateral force the Iraqi govern- After completing his residency, Colonel circumstances that would tax the best ment might request for help in con- Allgood continued his military career of us. tinuing the training of their forces and as a doctor in the Army. He was not Mr. Speaker, as we take this moment in providing security during the period only a doctor but was a first-class sol- to grieve, we also want to honor the of withdrawal and afterwards. dier who parachuted into Panama as a Fritz family for their dedicated service Nothing in this bill affects U.S. fund- battalion surgeon in the 75th Ranger to the United States. I pray that God’s ing for economic and social reconstruc- Regiment during Operation Just Cause peace will console and strengthen them tion projects. The bill also allows the in 1989. After rising through the ranks, during this difficult time and in the U.S. Army Corps of Engineers to com- Brian became a full colonel in 2002 and days ahead. plete reconstruction projects currently served in top medical commands in f under way should the Iraqi government Korea and Germany before becoming make such a request. the command surgeon of Multi-Na- THE SAFE AND ORDERLY Finally, the bill asserts the authority tional Forces Iraq. WITHDRAWAL FROM IRAQ ACT of the President to arrange asylum for Colonel Allgood comes from a strong The SPEAKER pro tempore. Under a those Iraqi citizens who might be phys- military family and followed in the previous order of the House, the gen- ically endangered by the withdrawal of footsteps of his father, who was a Army tleman from Massachusetts (Mr. our military presence. As we all know, doctor and a Vietnam War veteran. MCGOVERN) is recognized for 5 minutes. many Iraqi civilians have bravely Colonel Allgood was a remarkable Mr. MCGOVERN. Mr. Speaker, there served our Armed Forces as trans- soldier, an exceptional doctor and a de- is no issue more important to the lators, drivers, administrative staff and voted husband and father who served in American people and to the Members of in other capacities. Should they be the Army to keep this Nation free and this Congress than the war in Iraq. threatened with violence or retaliation sacrificed his life for our safety and se- Over 3,000 American military personnel because of their association with our curity. have been killed in this war. Over 22,000 forces, we should extend to them the I thank Colonel Brian D. Allgood for have been wounded in combat-related protection they require and that they his service to our country, and I offer action. Some have been injured for life. deserve. my deepest condolences to his family. Several thousand more of our troops Mr. Speaker, this bill does not walk f have sustained serious injuries or suf- away from Iraq. It maintains financial The SPEAKER pro tempore. Under a fered sickness while serving in Iraq; equipment and material support for the previous order of the House, the gentle- and tens of thousands of Iraqi men, Iraqi military and security forces. It woman from the District of Columbia women, and children dead. continues economic, social and recon- (Ms. NORTON) is recognized for 5 min- So far, it has cost the United States struction assistance for Iraq, and its utes. $387 billion, and next week we will re- impact would trigger greater diplo- (Ms. NORTON addressed the House. ceive another supplemental request matic engagement in the region which Her remarks will appear hereafter in from the President in the range of $100 is missing at the present moment. the Extensions of Remarks.) billion to $130 billion more. Mr. Speaker, there are no easy an- f In blood, in treasure, the costs of the swers for the many questions facing The SPEAKER pro tempore. Under a war in Iraq have been high. I believe, Iraq’s future. There is no perfect legis- previous order of the House, the gentle- Mr. Speaker, that we must change the lative answer for the situation in Iraq. woman from California (Ms. SOLIS) is dynamic in Iraq. We must end our oc- But I do know that our troops do not recognized for 5 minutes. cupation, engage the countries in the belong in the crossfire of a violent (Ms. SOLIS addressed the House. Her region to help the Iraqis negotiate an Iraqi sectarian war. The American peo- remarks will appear hereafter in the end to the sectarian violence tearing ple understand this. They are far ahead Extensions of Remarks.) their country apart, and let the Iraqi of the politicians in Washington. They f people determine their own destiny. want us to do what is right. They want The SPEAKER pro tempore. Under a I firmly believe, Mr. Speaker, there us to bring our troops home, and they previous order of the House, the gen- is no military victory to be had in Iraq. want that to happen in a safe, orderly tleman from Oregon (Mr. DEFAZIO) is So I am convinced that we must focus and responsible manner. recognized for 5 minutes. our efforts on the uniformed men and Mr. Speaker, I believe that this war (Mr. DEFAZIO addressed the House. women we have put in harm’s way and in Iraq is a moral blunder. I believe His remarks will appear hereafter in bring them safely home. This is why I that the war in Iraq represents one of the Extensions of Remarks.) am introducing today the Safe and Or- the biggest political, diplomatic and f derly Withdrawal from Iraq Act. military mistakes in our history. It is PUBLICATION OF THE RULES OF This is a very straightforward bill, time for us to end this war. I urge my THE COMMITTEE ON AGRI- Mr. Speaker. Within 30 days of enact- colleagues to support the Safe and Or- CULTURE, 110TH CONGRESS ment, the United States would initiate derly Withdrawal from Iraq Act. a safe, orderly, and responsible with- f The SPEAKER pro tempore. Under a previous order of the House, the gen- drawal of all U.S. military forces from HONORING COLONEL BRIAN D. Iraq. tleman from Minnesota (Mr. PETERSON) ALLGOOD is recognized for 5 minutes. b 1700 The SPEAKER pro tempore. Under a Mr. PETERSON of Minnesota. Madam The withdrawal would take no more previous order of the House, the gen- Speaker, I am pleased to submit for printing in than 6 months and include the transfer tleman from Colorado (Mr. LAMBORN) is the CONGRESSIONAL RECORD, pursuant to Rule to the Iraqi government of all bases recognized for 5 minutes. XI, clause 2(a) of the Rules of the House, a and facilities that have been operated Mr. LAMBORN. Mr. Speaker, I rise copy of the Rules of the Committee on Agri- or occupied by U.S. military personnel. today to honor the life of Colonel Brian culture, which were adopted at the organiza- During the withdrawal period, funding D. Allgood, who passed away on Janu- tional meeting of the Committee on January is maintained to ensure that our forces ary 27, 2007, in Baghdad, Iraq, in sup- 23, 2007.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 9920 E:\CR\FM\K31JA7.111 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1122 CONGRESSIONAL RECORD — HOUSE January 31, 2007 Appendix A of the Committee Rules will in- to clause 2(d) of House Rule X, a summary of notify all members of the Committee that clude excerpts from the Rules of the House the actions taken and recommendations such meeting will be held and inform them of relevant to the operation of the Committee. made with respect to each such plan, and a its date and hour and the measure or matter summary of any additional oversight activi- to be considered, and only the measure or Appendix B will include relevant excerpts from ties undertaken by the Committee, and any matter specified in that notice may be con- the Congressional Budget Act of 1974. In the recommendations made or actions taken sidered at that special meeting. interests of minimizing printing costs, Appen- with respect thereto. RULE III.—OPEN MEETINGS AND HEARINGS; dices A and B are omitted from this submis- (g) Publication of Rules.—The Committee’s BROADCASTING rules shall be published in the Congressional sion. (a) Open Meetings and Hearings.—Each Record not later than thirty days after the RULES OF THE COMMITTEE ON AGRICULTURE, meeting for the transaction of business, in- Committee is elected in each odd-numbered 110TH CONGRESS cluding the markup of legislation, and each year as provided in clause 2(a) of House Rule RULE I.—GENERAL PROVISIONS hearing by the Committee or a sub- XI. committee shall be open to the public unless (a) Applicability of House Rules.—(1) The (h) Joint Committee Reports of Investiga- closed in accordance with clause 2(g) of Rules of the House shall govern the proce- tion or Study.—A report of an investigation House Rule XI. (See Appendix A.) dure of the Committee and its subcommit- or study conducted jointly by more than one (b) Broadcasting and Photography.—When- tees, and the rules of the Committee on Agri- committee may be filed jointly, provided ever a Committee or subcommittee meeting culture so far as applicable shall be inter- that each of the committees complies inde- for the transaction of business, including the preted in accordance with the Rules of the pendently with all requirements for approval markup of legislation, or a hearing is open to House, except that a motion to recess from and filing of the report. day to day, and a motion to dispense with the public, that meeting or hearing shall be RULE II.—COMMITTEE BUSINESS MEETINGS— the first reading (in full) of a bill or resolu- open to coverage by television, radio, and REGULAR, ADDITIONAL AND SPECIAL tion, if printed copies are available, are non- still photography in accordance with clause 4 debatable privileged motions in the Com- (a) Regular Meetings.—(1) Regular meet- of House Rule XI (See Appendix A). When mittee and its subcommittees. (See Appendix ings of the Committee, in accordance with such radio coverage is conducted in the Com- A for the applicable Rules of the U.S. House clause 2(b) of House Rule XI, shall be held on mittee or subcommittee, written notice to of Representatives.) the first Wednesday of every month to trans- that effect shall be placed on the desk of (2) As provided in clause 1(a)(2) of House act its business unless such day is a holiday, each Member. The Chairman of the Com- Rule XI, each subcommittee is part of the or Congress is in recess or is adjourned, in mittee or subcommittee, shall not limit the Committee and is subject to the authority which case the Chairman shall determine the number of television or still cameras per- and direction of the Committee and its rules regular meeting day of the Committee, if mitted in a hearing or meeting room to so far as applicable. (See also Committee any, for that month. The Chairman shall fewer than two representatives from each rules III, IV, V, VI, VII and X, infra.) provide each member of the Committee, as medium (except for legitimate space or safe- (b) Authority to Conduct Investigations.— far in advance of the day of the regular ty considerations, in which case pool cov- The Committee and its subcommittees, after meeting as practicable, a written agenda of erage shall be authorized). consultation with the Chairman of the Com- such meeting. Items may be placed on the (c) Closed Meetings—Attendees.—No per- mittee, may conduct such investigations and agenda by the Chairman or a majority of the son other than Members of the Committee or studies as they may consider necessary or Committee. If the Chairman believes that subcommittee and such congressional staff appropriate in the exercise of their respon- there will not be any bill, resolution or other and departmental representatives as the sibilities under Rule X of the Rules of the matter considered before the full Committee Committee or subcommittee may authorize House and in accordance with clause 2(m) of and there is no other business to be trans- shall be present at any business or markup House Rule XI. acted at a regular meeting, the meeting may session that has been closed to the public as (c) Authority to Print.—The Committee is be cancelled or it may be deferred until such provided in clause 2(g)(1) of House Rule XI. authorized by the Rules of the House to have time as, in the judgment of the Chairman, (d) Addressing the Committee.—A Com- printed and bound testimony and other data there may be matters which require the mittee member may address the Committee presented at hearings held by the Committee Committee’s consideration. This paragraph or a subcommittee on any bill, motion, or and its subcommittees. All costs of steno- shall not apply to meetings of any sub- other matter under consideration (See Com- graphic services and transcripts in connec- committee. (See paragraph (f) of Committee mittee rule VII(e) relating to questioning a tion with any meeting or hearing of the rule X for provisions that apply to meetings witness at a hearing). The time a member Committee and its subcommittees shall be of subcommittees.) may address the Committee or sub- paid from applicable accounts of the House (b) Additional Meetings.—The Chairman committee for any such purpose shall be lim- described in clause 1(i)(1) of House Rule X in may call and convene, as he or she considers ited to five minutes, except that this time accordance with clause 1(c) of House Rule XI. necessary, after consultation with the Rank- limit may be waived by unanimous consent. (See also paragraphs (d), (e) and (f) of Com- ing Minority Member of the Committee, ad- A member shall also be limited in his or her mittee rule VIII.) ditional meetings of the Committee for the remarks to the subject matter under consid- (d) Vice Chairman.—The Member of the consideration of any bill or resolution pend- eration, unless the Member receives unani- majority party on the Committee or sub- ing before the Committee or for the conduct mous consent to extend his or her remarks committee designated by the Chairman of of other Committee business. The Com- beyond such subject. the full Committee shall be the vice chair- mittee shall meet for such additional meet- (e) Meetings To Begin Promptly.—Subject man of the Committee or subcommittee in ings pursuant to a notice from the Chair- to the presence of a quorum, each meeting or accordance with clause 2(d) of House Rule man. hearing of the Committee and its sub- XI. (c) Special Meetings.—If at least three committees shall begin promptly at the time (e) Presiding Member.—If the Chairman of members of the Committee desire that a spe- so stipulated in the public announcement of the Committee or subcommittee is not cial meeting of the Committee be called by the meeting or hearing. present at any Committee or subcommittee the Chairman, those members may file in the (f) Prohibition on Proxy Voting.—No vote meeting or hearing, the vice chairman shall offices of the Committee their written re- by any Member of the Committee or sub- preside. If the Chairman and vice chairman quest to the Chairman for such special meet- committee with respect to any measure or of the Committee or subcommittee are not ing. Such request shall specify the measure matter may be cast by proxy. present at a Committee or subcommittee or matters to be considered. Immediately (g) Location of Persons at Meetings.—No meeting or hearing the ranking Member of upon the filing of the request, the Majority person other than the Committee or sub- the majority party who is present shall pre- Staff Director (serving as the clerk of the committee Members and Committee or sub- side in accordance with clause 2(d), House Committee for such purpose) shall notify the committee staff may be seated in the ros- Rule XI. Chairman of the filing of the request. If, trum area during a meeting of the Com- (f) Activities Report.—(1) The Committee within three calendar days after the filing of mittee or subcommittee unless by unani- shall submit to the House, not later than the request, the Chairman does not call the mous consent of Committee or sub- January 2 of each odd-numbered year, a re- requested special meeting to be held within 7 committee. port on the activities of the Committee calendar days after the filing of the request, (h) Consideration of Amendments and Mo- under Rules X and XI of the Rules of the a majority of the members of the Committee tions.—A Member, upon request, shall be rec- House during the Congress ending on Janu- may file in the offices of the Committee ognized by the Chairman to address the Com- ary 3 of such year. (See also Committee rule their written notice that a special meeting mittee or subcommittee at a meeting for a VIII (h)(2).) of the Committee will be held, specifying the period limited to five minutes on behalf of (2) Such report shall include separate sec- date and hour thereof, and the measures or an amendment or motion offered by the tions summarizing the legislative and over- matter to be considered at that special meet- Member or another Member, or upon any sight activities of the Committee during ing in accordance with clause 2(c)(2) of House other matter under consideration, unless the that Congress. Rule XI. The Committee shall meet on that Member receives unanimous consent to ex- (3) The oversight section of such report date and hour. Immediately upon the filing tend the time limit. Every amendment or shall include a summary of the oversight of the notice, the Majority Staff Director motion made in Committee or subcommittee plans submitted by the Committee pursuant (serving as the clerk) of the Committee shall shall, upon the demand of any Member

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.020 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1123 present, be reduced to writing, and a copy (2) written minutes shall include a record sible, the Committee shall make its publica- thereof shall be made available to all Mem- of all Committee and subcommittee action tions available in electronic form. bers present. Such amendment or motion and a record of all votes on any question and RULE VI.—POWER TO SIT AND ACT; SUBPOENA shall not be pending before the Committee or a tally on all record votes. POWER subcommittee or voted on until the require- The result of each such record vote shall be made available by the Committee for inspec- (a) Authority to Sit and Act.—For the pur- ments of this paragraph have been met. pose of carrying out any of its function and (i) Demanding Record Vote.— tion by the public at reasonable times in the (1) A record vote of the Committee or sub- offices of the Committee and by telephone duties under House Rules X and XI, the Com- committee on a question or action shall be request. Information so available for public mittee and each of its subcommittees is au- ordered on a demand by one-fifth of the inspection shall include a description of the thorized (subject to paragraph (b)(1) of this Members present. amendment, motion, order or other propo- rule)— (2) The Chairman of the Committee or Sub- sition and the name of each member voting (1) to sit and act at such times and places committee may postpone further pro- for and each member voting against such within the United States whether the House ceedings when a record vote is ordered on the amendment, motion, order, or proposition, is in session, has recessed, or has adjourned question of approving a measure or matter and the names of those members present but and to hold such hearings, and (2) to require, by subpoena or otherwise, or on adopting an amendment. If the Chair- not voting. the attendance and testimony of such wit- man postpones further proceedings: (b) Access to and Correction of Records.— (A) the Chairman may resume such post- Any public witness, or person authorized by nesses and the production of such books, poned proceedings, after giving Members such witness, during Committee office hours records, correspondence, memoranda, papers adequate notice, at a time chosen in con- in the Committee offices and within two and documents, as it deems necessary. The sultation with the Ranking Minority Mem- weeks of the close of hearings, may obtain a Chairman of the Committee or sub- ber; and transcript copy of that public witness’s testi- committee, or any member designated by (B) notwithstanding any intervening order mony and make such technical, grammatical the Chairman, may administer oaths to any for the previous question, the underlying and typographical corrections as authorized witness. proposition on which proceedings were post- by the person making the remarks involved (b) Issuance of Subpoenas.—(1) A subpoena poned shall remain subject to further debate as will not alter the nature of testimony may be authorized and issued by the Com- or amendment to the same extent as when given. There shall be prompt return of such mittee or subcommittee under paragraph the question was postponed. corrected copy of the transcript to the Com- (a)(2) in the conduct of any investigation or (j) Submission of Motions or Amendments mittee. Members of the Committee or sub- series of investigations or activities, only in Advance of Business Meetings.—The Com- committee shall receive copies of transcripts when authorized by a majority of the mem- mittee and subcommittee Chairman may re- for their prompt review and correction and bers voting, a majority being present, as pro- quest and Committee and subcommittee prompt return to the Committee. The Com- vided in clause 2(m)(3)(A) of House Rule XI. Members should, insofar as practicable, co- mittee or subcommittee may order the print- Such authorized subpoenas shall be signed by operate in providing copies of proposed ing of a hearing record without the correc- the Chairman of the Committee or by any amendments or motions to the Chairman tions of any Member or witness if it deter- member designated by the Committee. As and the Ranking Minority Member of the mines that such Member or witness has been soon as practicable after a subpoena is issued Committee or the subcommittee twenty-four afforded a reasonable time in which to make under this rule, the Chairman shall notify all hours before a Committee or subcommittee such corrections and further delay would se- members of the Committee of such action. business meeting. riously impede the consideration of the leg- (2) Notice of a meeting to consider a mo- (k) Points of Order.—No point of order islative action that is subject of the hearing. tion to authorize and issue a subpoena against the hearing or meeting procedures of The record of a hearing shall be closed ten should be given to all Members of the Com- the Committee or subcommittee shall be en- calendar days after the last oral testimony, mittee by 5 p.m. of the day preceding such tertained unless it is made in a timely fash- unless the Committee or subcommittee de- meeting. ion. termines otherwise. Any person requesting (3) Compliance with any subpoena issued (l) Limitation on Committee Sittings.— to file a statement for the record of a hear- by the Committee or subcommittee under The Committee or subcommittees may not ing must so request before the hearing con- paragraph (a)(2) may be enforced only as au- sit during a joint session of the House and cludes and must file the statement before thorized or directed by the House. Senate or during a recess when a joint meet- the record is closed unless the Committee or (4) A subpoena duces tecum may specify ing of the House and Senate is in progress. subcommittee determines otherwise. The terms of return other than at a meeting or (m) Prohibition of Wireless Telephones.— Committee or subcommittee may reject any hearing of the committee or subcommittee Use of wireless phones during a committee or statement in light of its length or its tend- authorizing the subpoena. subcommittee hearing or meeting is prohib- ency to defame, degrade, or incriminate any (c) Expenses of Subpoenaed Witnesses.— ited. person. Each witness who has been subpoenaed, upon RULE IV.—QUORUMS (c) Property of the House.—All Committee the completion of his or her testimony be- and subcommittee hearings, records, data, fore the Committee or any subcommittee, (a) Working Quorum.—One-third of the charts, and files shall be kept separate and may report to the offices of the Committee, members of the Committee or a sub- distinct from the congressional office and there sign appropriate vouchers for trav- committee shall constitute a quorum for records of the Members serving as Chairman el allowances and attendance fees to which taking any action, other than as noted in and such records shall be the property of the he or she is entitled. If hearings are held in paragraphs (b) and (c). House and all Members of the House shall (b) Majority Quorum.—A majority of the cities other than Washington D.C., the sub- have access thereto. The Majority Staff Di- members of the Committee or subcommittee poenaed witness may contact the Majority rector shall promptly notify the Chairman shall constitute a quorum for: Staff Director of the Committee, or his or (1) the reporting of a bill, resolution or and the Ranking Minority Member of any re- her representative, before leaving the hear- quest for access to such records. other measure (See clause 2(h)(1) of House ing room. (d) Availability of Archived Records.—The Rules XI, and Committee rule VIII); RULE VII.—HEARING PROCEDURES records of the Committee at the National Ar- (2) the closing of a meeting or hearing to chives and Records Administration shall be (a) Power to Hear.—For the purpose of car- the public pursuant to clauses 2(g) and made available for public use in accordance rying out any of its functions and duties 2(k)(5) of the Rule XI of the Rules of the with House Rule VII. The Chairman shall no- under House Rule X and XI, the Committee House; and and its subcommittees are authorized to sit (3) the authorizing of a subpoena as pro- tify the Ranking Minority Member of the Committee of the need for a Committee and hold hearings at any time or place with- vided in clause 2(m)(3), of House Rule XI. order pursuant to clause 3(b)(3) or clause 4(b) in the United States whether the House is in (See also Committee rule VI.) of such House Rule, to withhold a record oth- session, has recessed, or has adjourned. (See (c) Quorum for Taking Testimony.—Two paragraph (a) of Committee rule VI and para- members of the Committee or subcommittee erwise available. (e) Special Rules for Certain Records and graph (f) of Committee rule X for provisions shall constitute a quorum for the purpose of Proceedings.—A stenographic record of a relating to subcommittee hearings and meet- taking testimony and receiving evidence. business meeting of the Committee or sub- ings.) RULE V.—RECORDS committee may be kept and thereafter may (b) Announcement.—The Chairman of the (a) Maintenance of Records.—The Com- be published if the Chairman of the Com- Committee shall after consultation with the mittee shall keep a complete record of all mittee, after consultation with the Ranking Ranking Minority Member of the Com- Committee and subcommittee action which Minority Member, determines there is need mittee, make a public announcement of the shall include— for such a record. The proceedings of the date, place and subject matter of any Com- (1) in the case of any meeting or hearing Committee or subcommittee in a closed mittee hearing at least one week before the transcripts, a substantially verbatim ac- meeting, evidence or testimony in such commencement of the hearing. The Chair- count of remarks actually made during the meeting, shall not be divulged unless other- man of a subcommittee shall schedule a proceedings, subject only to technical, gram- wise determined by a majority of the Com- hearing only after consultation with the matical and typographical corrections au- mittee or subcommittee. Chairman of the Committee and after con- thorized by the person making the remarks (f) Electronic Availability of Committee sultation with the Ranking Minority Mem- involved, and Publications.—To the maximum extent fea- ber of the subcommittee, and the Chairmen

VerDate Aug 31 2005 05:44 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.022 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1124 CONGRESSIONAL RECORD — HOUSE January 31, 2007 of the other subcommittees after such con- shall be germane to the measure or matter testimony may tend to defame, degrade, or sultation with the Committee Chairman, and under consideration. Unless a majority of incriminate any person. The Committee or shall request the Majority Staff Director to the Committee or subcommittee determines subcommittee shall afford a person an oppor- make a public announcement of the date, otherwise, no committee or subcommittee tunity voluntarily to appear as a witness; place, and subject matter of such hearing at staff shall interrogate witnesses. and the Committee or subcommittee shall least one week before the hearing. If the (f) Extended Questioning for Designated receive and shall dispose of requests from Chairman of the Committee or the sub- Members.—Notwithstanding paragraph (e), such person to subpoena additional wit- committee, with concurrence of the Ranking the Chairman and Ranking Minority member nesses. Minority Member of the Committee or sub- may designate an equal number of Members (iii) No evidence or testimony taken in ex- committee, determines there is good cause from each party to question a witness for a ecutive session may be released or used in to begin the hearing sooner, or if the Com- period not longer than 60 minutes. public sessions without the consent of the mittee or subcommittee so determines by (g) Witnesses for the Minority.—When any Committee or subcommittee. In the discre- majority vote, a quorum being present for hearing is conducted by the Committee or tion of the Committee or subcommittee, wit- the transaction of business, the Chairman of any subcommittee upon any measure or mat- nesses may submit brief and pertinent state- the Committee or subcommittee, as appro- ter, the minority party members on the ments in writing for inclusion in the record. priate, shall request the Majority Staff Di- Committee or subcommittee shall be enti- The Committee or subcommittee is the sole rector to make such public announcement at tled, upon request to the Chairman by a ma- judge of the pertinency of testimony and evi- the earliest possible date. The clerk of the jority of those minority members before the dence adduced at its hearings. A witness may Committee shall promptly notify the Daily completion of such hearing, to call witnesses obtain a transcript copy of his or her testi- Digest Clerk of the Congressional Record, selected by the minority to testify with re- mony given at a public session or, if given at and shall promptly enter the appropriate in- spect to that measure or matter during at an executive session, when authorized by the formation into the Committee scheduling least one day of hearing thereon as provided Committee or subcommittee. (See paragraph service of the House Information Systems as in clause 2(j)(1) of House Rule XI. (c) of Committee rule V.) soon as possible after such public announce- (h) Summary of Subject Matter.—Upon an- (2) A proposed investigative or oversight ment is made. nouncement of a hearing, to the extent prac- report shall be considered as read if it has (c) Scheduling of Witnesses.—Except as ticable, the Committee shall make available been available to the members of the Com- otherwise provided in this rule, the sched- immediately to all members of the Com- mittee for at least 24 hours (excluding Satur- uling of witnesses and determination of the mittee a concise summary of the subject days, Sundays, or legal holidays except when time allowed for the presentation of testi- matter (including legislative reports and the House is in session on such day) in ad- mony at hearings shall be at the discretion other material) under consideration. In addi- vance of their consideration. of the Chairman of the Committee or sub- tion, upon announcement of a hearing and RULE VIII.—THE REPORTING OF BILLS AND committee, unless a majority of the Com- subsequently as they are received, the Chair- RESOLUTIONS mittee or subcommittee determines other- man of the Committee or subcommittee (a) Filing of Reports.—The Chairman shall wise. shall, to the extent practicable, make avail- report or cause to be reported promptly to (d) Written Statement; Oral Testimony.— able to the members of the Committee any the House any bill, resolution, or other (1) Each witness who is to appear before the official reports from departments and agen- measure approved by the Committee and Committee or a subcommittee, shall insofar cies on such matter. (See Committee rule shall take or cause to be taken all necessary as practicable file with the Majority Staff X(f).) steps to bring such bill, resolution, or other (i) Open Hearings.—Each hearing con- Director of the Committee, at least two measure to a vote. No bill, resolution, or ducted by the Committee or subcommittee working days before day of his or her appear- measure shall be reported from the Com- shall be open to the public, including radio, ance, a written statement of proposed testi- mittee unless a majority of Committee is ac- television and still photography coverage, mony. Witnesses shall provide sufficient cop- tually present. A Committee report on any except as provided in clause 4 of House Rule ies of their statement for distribution to bill, resolution, or other measure approved XI (see also Committee rule III (b).). In any Committee or subcommittee Members, staff, by the Committee shall be filed within seven event, no Member of the House may be ex- and the news media. Insofar as practicable, calendar days (not counting days on which cluded from nonparticipatory attendance at the Committee or subcommittee staff shall the House is not in session) after the day on any hearing unless the House by majority distribute such written statements to all which there has been filed with the Majority vote shall authorize the Committee or sub- Members of the Committee or subcommittee Staff Director of the Committee a written committee, for purposes of a particular se- as soon as they are received as well as any request, signed by a majority of the Com- ries of hearings on a particular bill or resolu- official reports from departments and agen- mittee, for the reporting of that bill or reso- tion or on a particular subject of investiga- cies on such subject matter. All witnesses lution. The Majority Staff Director of the tion, to close its hearings to Members by may be limited in their oral presentations to Committee shall notify the Chairman imme- brief summaries of their statements within means of the above procedure. (j) Hearings and Reports.—(1)(i) The Chair- diately when such a request is filed. the time allotted to them, at the discretion (b) Content of Reports.—Each Committee man of the Committee or subcommittee at a of the Chairman of the Committee or sub- report on any bill or resolution approved by hearing shall announce in an opening state- committee, in light of the nature of the tes- the Committee shall include as separately ment the subject of the investigation. A copy timony and the length of time available. identified sections: (2) As noted in paragraph (a) of Committee of the Committee rules (and the applicable (1) a statement of the intent or purpose of rule VI, the Chairman of the Committee or provisions of clause 2 of House Rule XI, re- the bill or resolution; one of its subcommittees, or any Member garding hearing procedures, an excerpt of (2) a statement describing the need for designated by the Chairman, may administer which appears in Appendix A thereto) shall such bill or resolution; an oath to any witness. be made available to each witness upon re- (3) a statement of Committee and sub- (3) To the greatest extent practicable, each quest. Witnesses at hearings may be accom- committee consideration of the measure in- witness appearing in a non-governmental ca- panied by their own counsel for the purpose cluding a summary of amendments and mo- pacity shall include with the written state- of advising them concerning their constitu- tions offered and the actions taken thereon; ment of proposed testimony a curriculum tional rights. The Chairman of the Com- (4) the results of the each record vote on vitae and disclosure of the amount and mittee or subcommittee may punish any amendment in the Committee and sub- source (by agency and program) of any Fed- breaches of order and decorum, and of profes- committee and on the motion to report the eral grant (or subgrant thereof) or contract sional ethics on the part of counsel, by cen- measure or matter, including the names of (or subcontract thereof) received during the sure and exclusion from the hearings; but those Members and the total voting for and current fiscal year or either of the two pre- only the full Committee may cite the of- the names of those Members and the total ceding fiscal years. fender to the House for contempt. voting against such amendment or motion (e) Questioning of Witnesses.—Committee (ii) Whenever it is asserted by a member of (See clause 3(b) of House rule XIII); or subcommittee Members may question wit- the committee that the evidence or testi- (5) the oversight findings and recommenda- nesses only when they have been recognized mony at a hearing may tend to defame, de- tions of the Committee with respect to the by the Chairman of the Committee or sub- grade, or incriminate any person, or it is as- subject matter of the bill or resolution as re- committee for that purpose. Each Member so serted by a witness that the evidence or tes- quired pursuant to clause 3(c)(1) of House recognized shall be limited to questioning a timony that the witness would give at a Rule XIII and clause 2(b)(1) of House Rule X; witness for five minutes until such time as hearing may tend to defame, degrade, or in- (6) the detailed statement described in sec- each Member of the Committee or sub- criminate the witness, such testimony or tion 308(a) of the Congressional Budget Act committee who so desires has had an oppor- evidence shall be presented in executive ses- of 1974 if the bill or resolution provides new tunity to question the witness for five min- sion, notwithstanding the provisions of para- budget authority (other than continuing ap- utes; and thereafter the Chairman of the graph (j) of this rule, if by a majority of propriations), new spending authority de- Committee or subcommittee may limit the those present, there being in attendance the scribed in section 401(c)(2) of such Act, new time of a further round of questioning after requisite number required under the rules of credit authority, or an increase or decrease giving due consideration to the importance the Committee to be present for the purpose in revenues or tax expenditures, except that of the subject matter and the length of time of taking testimony, the Committee or sub- the estimates with respect to new budget au- available. All questions put to witnesses committee determines that such evidence or thority shall include, when practicable, a

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.024 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1125 comparison of the total estimated funding mittee with respect to that bill or resolu- or related laws, programs, or agencies within level for the relevant program (or programs) tion. its jurisdiction, with the objective of ensur- to the appropriate levels under current law; (d) Printing of Reports.—The report of the ing that such laws, programs, or agencies are (7) the estimate of costs and comparison of Committee on the measure or matter noted reviewed in the same Congress and that such estimates, if any, prepared by the Di- in paragraph (a) above shall be printed in a there is a maximum of coordination between rector of the Congressional Budget Office in single volume, which shall: such committees in the conduct of such re- connection with such bill or resolution pur- (1) include all supplemental, minority or views; and such plans shall include an expla- suant to section 402 of the Congressional additional views that have been submitted nation of what steps have been and will be Budget Act of 1974 if submitted in timely by the time of the filing of the report; and taken to ensure such coordination and co- fashion to the Committee; (2) bear on its cover a recital that any such operation; (8) a statement of general performance supplemental, minority, or additional views (2) review specific problems with federal goals and objectives, including outcome-re- (and any material submitted under House rules, regulations, statutes, and court deci- lated goals and objectives, for which the Rule XII, clause 3(a)(1)) are included as part sions that are ambiguous, arbitrary, or non- measure authorizes funding; of the report. sensical, or that impose severe financial bur- (9) a statement citing the specific powers (e) Immediate Printing; Supplemental Re- dens on individuals; and granted to the Congress in the Constitution ports.—Nothing in this rule shall preclude (1) (3) give priority consideration to including to enact the law proposed by the bill or joint the immediate filing or printing of a Com- in its plans the review of those laws, pro- resolution; mittee report unless timely request for the grams, or agencies operating under perma- (10) an estimate by the committee of the opportunity to file supplemental, minority, nent budget authority or permanent statu- costs that would be incurred in carrying out or additional views has been made as pro- tory authority; and such bill or joint resolution in the fiscal year vided by paragraph (c), or (2) the filing by (4) have a view toward ensuring that all in which it is reported and for its authorized the Committee of any supplemental report significant laws, programs, or agencies with- duration or for each of the five fiscal years on any bill or resolution that may be re- in its jurisdiction are subject to review at following the fiscal year of reporting, which- quired for the correction of any technical least once every ten years. ever period is less (see Rule XIII, clause error in a previous report made by the Com- The Committee and its appropriate sub- 3(d)(2), (3) and (h)(2), (3)), together with— mittee on that bill or resolution. committees shall review and study, on a con- (i) a comparison of these estimates with (f) Availability of Printed Hearing tinuing basis, the impact or probable impact those made and submitted to the Committee Records.—If hearings have been held on any of tax policies affecting subjects within its by any Government agency when prac- reported bill or resolution, the Committee jurisdiction as provided in clause 2(d) of ticable, and (ii) a comparison of the total es- shall make every reasonable effort to have House Rule X. The Committee shall include timated funding level for the relevant pro- the record of such hearings printed and in the report filed pursuant to clause 1(d) of gram (or programs) with appropriate levels available for distribution to the Members of House Rule XI a summary of the oversight under current law (The provisions of this the House prior to the consideration of such plans submitted by the Committee under clause do not apply if a cost estimate and bill or resolution by the House. Each printed clause 2(d) of House Rule X, a summary of comparison prepared by the Director of the hearing of the Committee or any of its sub- actions taken and recommendations made Congressional Budget Office under section committees shall include a record of the at- with respect to each such plan, and a sum- 403 of the Congressional Budget Act of 1974 tendance of the Members. mary of any additional oversight activities has been timely submitted prior to the filing (g) Committee Prints.—All Committee or undertaken by the Committee and any rec- of the report and included in the report); subcommittee prints or other Committee or ommendations made or actions taken there- (11) a list of congressional earmarks, lim- subcommittee documents, other than reports on. ited tax benefits, and limited tariff benefits or prints of bills, that are prepared for public (b) Annual Appropriations.—The Com- in the bill or in the report (and the name of distribution shall be approved by the Chair- mittee shall, in its consideration of all bills any Member, Delegate, or Resident Commis- man of the Committee or the Committee and joint resolutions of a public character sioner who submitted a request to the com- prior to public distribution. within its jurisdiction, ensure that appro- mittee for each respective item included in (h) Post Adjournment Filing of Committee priations for continuing programs and ac- such list) or a statement that the propo- Reports.—(1) After an adjournment of the tivities of the Federal government and the sition contains no congressional earmarks, last regular session of a Congress sine die, an District of Columbia government will be limited tax benefits, or limited tariff bene- investigative or oversight report approved by made annually to the maximum extent fea- fits; the Committee may be filed with the Clerk sible and consistent with the nature, require- (12) the changes in existing law (if any) at any time, provided that if a member gives ments, and objectives of the programs and shown in accordance with clause 3 of House notice at the time of approval of intention to activities involved. The Committee shall re- Rule XIII; file supplemental, minority, or additional view, from time to time, each continuing (13) the determination required pursuant views, that member shall be entitled to not program within its jurisdiction for which ap- to section 5(b) of Public Law 92–463, if the less than seven calendar days in which to propriations are not made annually in order legislation reported establishes or authorizes submit such views for inclusion with the re- to ascertain whether such program could be the establishment of an advisory committee; port. modified so that appropriations therefor and (2) After an adjournment of the last reg- would be made annually. (14) the information on Federal and inter- ular session of a Congress sine die, the Chair- (c) Budget Act Compliance: Views and Es- governmental mandates required by section man of the Committee may file at any time timates (See Appendix B).—Not later than 423(c) and (d) of the Congressional Budget with the Clerk the Committee’s activity re- six weeks after the President submits his Act of 1974, as added by the Unfunded Man- port for that Congress pursuant to clause budget under section 1105(a) of title 31, dates Reform Act of 1995 (P.L. 104–4). 1(d)(1) of rule XI of the Rules of the House United State Code, or at such time as the (15) a statement regarding the applica- without the approval of the Committee, pro- Committee on the Budget may request, the bility of section 102(b)(3) of the Congres- vided that a copy of the report has been Committee shall submit to the Committee sional Accountability Act, Public Law 104–1. available to each member of the Committee on the Budget (1) its views and estimates (c) Supplemental, Minority, or Additional for at least seven calendar days and the re- with respect to all matters to be set forth in Views.—If, at the time of approval of any port includes any supplemental, minority, or the concurrent resolution on the budget for measure or matter by the Committee, any additional views submitted by a member of the ensuing fiscal year (under section 301 of Member of the Committee gives notice of in- the Committee. the Congressional Budget Act of 1974—see tention to file supplemental, minority, or ad- (i) The Chairman is directed to offer a mo- Appendix B) that are within its jurisdiction ditional views, that Member shall be entitled tion under clause 1 of rule XXII of the Rules or functions; and (2) an estimate of the total to not less than two subsequent calendar of the House whenever the Chairman con- amounts of new budget authority, and budg- days (excluding Saturdays, Sundays, and siders it appropriate. et outlays resulting therefrom, to be pro- legal holidays except when the House is in RULE IX.—OTHER COMMITTEE vided or authorized in all bills and resolu- session on such date) in which to file such ACTIVITIES tions within its jurisdiction that it intends views, in writing and signed by that Member, (a) Oversight Plan.—Not later than Feb- to be effective during that fiscal year. with the Majority Staff Director of the Com- ruary 15 of the first session of a Congress, (d) Budget Act Compliance: Recommended mittee. When time guaranteed by this para- the Chairman shall convene the Committee Changes.—Whenever the Committee is di- graph has expired (or if sooner, when all sep- in a meeting that is open to the public and rected in a concurrent resolution on the arate views have been received), the Com- with a quorum present to adopt its oversight budget to determine and recommend changes mittee may arrange to file its report with plans for that Congress. Such plans shall be in laws, bills, or resolutions under the rec- the Clerk of the House not later than one submitted simultaneously to the Committee onciliation process, it shall promptly make hour after the expiration of such time. All on Government Reform and to the Com- such determination and recommendations, such views (in accordance with House Rule mittee on House Administration. In devel- and report a reconciliation bill or resolution XI, clause 2(l) and House Rule XIII, clause oping such plans the Committee shall, to the (or both) to the House or submit such rec- 3(a)(1)), as filed by one or more Members of maximum extent feasible— ommendations to the Committee on the the Committee, shall be included within and (1) consult with other committees of the Budget, in accordance with the Congres- made a part of the report filed by the Com- House that have jurisdiction over the same sional Budget Act of 1974 (See Appendix B).

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.026 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1126 CONGRESSIONAL RECORD — HOUSE January 31, 2007 (e) Conference Committees.—Whenever in stock, dairy, poultry, meat, seafood and sea- (f) Subcommittee Hearings and Meetings.— the legislative process it becomes necessary food products, inspection, marketing, and (1) Each subcommittee is authorized to to appoint conferees, the Chairman shall, promotion of such commodities, aqua- meet, hold hearings, receive evidence, and after consultation with the Ranking minor- culture, animal welfare, and grazing. make recommendations to the Committee on ity member, determine the number of con- Specialty Crops, Rural Development and all matters referred to it or under its juris- ferees the Chairman deems most suitable and Foreign Agriculture (13 Members, 7 Majority diction after consultation by the sub- then recommend to the Speaker as con- and 6 Minority).—Peanuts, sugar, tobacco, committee Chairmen with the Committee ferees, in keeping with the number to be ap- marketing orders relating to such commod- Chairman. (See Committee rule VII.) pointed by the Speaker as provided in House ities, rural development, farm security and (2) After consultation with the Committee Rule I, clause 11, the names of those Mem- family farming matters, biotechnology, for- Chairman, subcommittee Chairmen shall set bers of the Committee of not less than a ma- eign agricultural assistance, and trade pro- dates for hearings and meetings of their sub- jority who generally supported the House po- motion programs, generally. committees and shall request the Majority sition and who were primarily responsible (d) Referral of Legislation.— Staff Director to make any announcement for the legislation. The Chairman shall, to (1)(a) In General.—All bills, resolutions, relating thereto. (See Committee rule the fullest extent feasible, include those and other matters referred to the Committee VII(b).) In setting the dates, the Committee Members of the Committee who were the shall be referred to all subcommittees of ap- Chairman and subcommittee Chairman shall principal proponents of the major provisions propriate jurisdiction within 2 weeks after consult with other subcommittee Chairmen of the bill as it passed the House and such being referred to the Committee. After con- and relevant Committee and Subcommittee other Committee Members of the majority sultation with the Ranking Minority Mem- Ranking Minority Members in an effort to party as the Chairman may designate in con- ber, the Chairman may determine that the avoid simultaneously scheduling Committee sultation with the Members of the majority Committee will consider certain bills, reso- and subcommittee meetings or hearings to party. Such recommendations shall provide a lutions, or other matters. the extent practicable. (3) Notice of all subcommittee meetings ratio of majority party Members to minority (b) Trade Matters.—Unless action is other- shall be provided to the Chairman and the party Members no less favorable to the ma- wise taken under subparagraph (3), bills, res- Ranking Minority Member of the Committee jority party than the ratio of majority party olutions, and other matters referred to the by the Majority Staff Director. Members to minority party Members on the Committee relating to foreign agriculture, (4) Subcommittees may hold meetings or Committee. In making recommendations of foreign food or commodity assistance, and hearings outside of the House if the Chair- minority party Members as conferees, the foreign trade and marketing issues will be man of the Committee and other sub- Chairman shall consult with the Ranking considered by the Committee. committee Chairmen and the Ranking Mi- Minority Member of the Committee. (2) The Chairman, by a majority vote of the Committee, may discharge a sub- nority Member of the subcommittee is con- RULE X.—SUBCOMMITTEES committee from further consideration of any sulted in advance to ensure that there is no (a) Number and Composition.—There shall bill, resolution, or other matter referred to scheduling problem. However, the majority be such subcommittees as specified in para- the subcommittee and have such bill, resolu- of the Committee may authorize such meet- graph (c) of this rule. Each of such sub- tion or other matter considered by the Com- ing or hearing. committees shall be composed of the number mittee. The Committee having referred a (5) The provisions regarding notice and the of members set forth in paragraph (c) of this bill, resolution, or other matter to a sub- agenda of Committee meetings under Com- rule, including ex officio members. The committee in accordance with this rule may mittee rule II(a) and special or additional Chairman and Ranking Minority Member of discharge such subcommittee from further meetings under Committee rule II(b) shall the Committee serve as ex officio Members consideration thereof at any time by a vote apply to subcommittee meetings. of the Subcommittees. (See paragraph (e) of of the majority members of the Committee (6) If a vacancy occurs in a subcommittee this Rule.) The Chairman may create addi- for the Committee’s direct consideration or chairmanship, the Chairman may set the tional subcommittees of an ad hoc nature as for reference to another subcommittee. dates for hearings and meetings of the sub- the Chairman determines to be appropriate (3) Unless the Committee, a quorum being committee during the period of vacancy. The subject to any limitations provided for in the present, decides otherwise by a majority Chairman may also appoint an acting sub- House Rules. vote, the Chairman may refer bills, resolu- committee Chairman until the vacancy is (b) Ratios.—On each subcommittee, there tions, legislation or other matters not spe- filled. (g) Subcommittee Action.—(1) Any bill, shall be a ratio of majority party members cifically within the jurisdiction of a sub- resolution, recommendation, or other matter to minority party members which shall be committee, or that is within the jurisdiction forwarded to the Committee by a sub- consistent with the ratio on the full Com- of more than one subcommittee, jointly or committee shall be promptly forwarded by mittee. In calculating the ratio of majority exclusively as the Chairman deems appro- the subcommittee Chairman or any sub- party members to minority party members, priate, including concurrently to the sub- committee member authorized to do so by there shall be included the ex officio mem- committees with jurisdiction, sequentially the subcommittee. (2) Upon receipt of such bers of the subcommittees and ratios below to the subcommittees with jurisdiction (sub- recommendation, the Majority Staff Direc- reflect that fact. ject to any time limits deemed appropriate), tor of the Committee shall promptly advise (c) Jurisdiction.—Each subcommittee shall divided by subject matter among the sub- all members of the Committee of the sub- have the following general jurisdiction and committees with jurisdiction, or to an ad number of members: committee action. hoc subcommittee appointed by the Chair- (3) The Committee shall not consider any Conservation, Credit, Energy, and Re- man for the purpose of considering the mat- search (28 Members, 15 Majority and 13 Mi- matters recommended by subcommittees ter and reporting to the Committee thereon, until two calendar days have elapsed from nority).—Soil, water, and resource conserva- or make such other provisions deemed appro- tion, small watershed program, energy and the date of action, unless the Chairman or a priate. majority of the Committee determines oth- biobased energy production, rural elec- (e) Participation and Service of Committee trification, agricultural credit, and agricul- erwise. Members on Subcommittees.—(1) The Chair- (h) Subcommittee Investigations.—No in- tural research, education and extension serv- man and the Ranking Minority Member shall ices. vestigation shall be initiated by a sub- serve as ex officio members of all sub- committee without the prior consultation Department Operations, Oversight, Nutri- committees and shall have the right to vote tion and Forestry (13 Members, 7 Majority with the Chairman of the Committee or a on all matters before the subcommittees. majority of the Committee. and 6 Minority).—Agency oversight, review The Chairman and the Ranking Minority RULE XI.—COMMITTEE BUDGET, STAFF, AND and analysis, special investigations, food Member may not be counted for the purpose TRAVEL stamps, nutrition and consumer programs, of establishing a quorum. forestry in general, and forest reserves other (2) Any member of the Committee who is (a) Committee Budget.—The Chairman, in than those created from the public domain. not a member of the subcommittee may have consultation with the majority members of General Farm Commodities and Risk Man- the privilege of sitting and nonparticipatory the Committee, and the minority members agement (20 Members, 11 Majority and 9 Mi- attendance at subcommittee hearings or of the Committee, shall prepare a prelimi- nority).—Program and markets related to meetings in accordance with clause 2(g)(2) of nary budget for each session of the Congress. cotton, cottonseed, wheat, feed grains, soy- House Rule XI. Such member may not: Such budget shall include necessary amounts beans, oilseeds, rice, dry beans, peas, lentils, (i) vote on any matter; for staff personnel, travel, investigation, and the Commodity Credit Corporation, crop in- (ii) be counted for the purpose of estab- other expenses of the Committee and sub- surance, and commodity exchanges. lishing a quorum; committees. After consultation with the Horticulture and Organic Agriculture (13 (iii) participate in questioning a witness Ranking Minority Member, the Chairman Members, 7 Majority and 6 Minority).— under the five minute rule, unless permitted shall include an amount budgeted to minor- Fruits and vegetables, honey and bees, mar- to do so by the subcommittee Chairman in ity members for staff under their direction keting and promotion orders, plant pes- consultation with the Ranking Minority and supervision. Thereafter, the Chairman ticides, quarantine, adulteration of seeds, Member or a majority of the subcommittee, shall combine such proposals into a consoli- and insect pests, and organic agriculture. a quorum being present; dated Committee budget, and shall take Livestock, Dairy, and Poultry (20 Mem- (iv) raise points of order; or whatever action is necessary to have such bers, 11 Majority and 9 Minority).—Live- (v) offer amendments or motions. budget duly authorized by the House.

VerDate Aug 31 2005 06:18 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.028 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1127 (b) Committee Staff.—(1) The Chairman mittee and its employees engaged in car- meeting or hearing of the Full Committee shall appoint and determine the remunera- rying out their official duties outside the during the temporary absence of the Chair- tion of, and may remove, the professional United States, its territories or possessions. man. In the absence of both the Chairman and clerical employees of the Committee not No appropriated funds shall be expended for and Vice Chairman, the Chairman’s designee assigned to the minority. The professional the purpose of defraying expenses of Mem- shall preside. and clerical staff of the Committee not as- bers of the Committee or is employees in any (D) Recommendation of Conferees.—When- signed to the minority shall be under the country where local currencies are available ever the Speaker of the House is to appoint general supervision and direction of the for this purpose; and the following condi- a conference committee on a matter within Chairman, who shall establish and assign the tions shall apply with respect to their use of the jurisdiction of the Full Committee, the duties and responsibilities of such staff such currencies; Chairman shall recommend to the Speaker members and delegate such authority as he (i) No Member or employee of the Com- of the House conferees from the Full Com- or she determines appropriate. (See House mittee shall receive or expend local cur- mittee. In making recommendations of Mi- Rule X, clause 9) rencies for subsistence in any country at a nority Members as conferees, the Chairman (2) The Ranking Minority member of the rate in excess of the maximum per diem rate shall do so with the concurrence of the Committee shall appoint and determine the set forth in applicable Federal law; and Ranking Minority Member of the Com- remuneration of, and may remove, the pro- (ii) Each Member or employee of the Com- mittee. fessional and clerical staff assigned to the mittee shall make an itemized report to the (E) Motions To Disagree.—The Chairman is minority within the budget approved for Chairman within 60 days following the com- directed to offer a motion under clause 1 of such purposes. The professional and clerical pletion of travel showing the dates each Rule XXII of the Rules of the House when- staff assigned to the minority shall be under country was visited, the amount of per diem ever the Chairman considers it appropriate. the general supervision and direction of the furnished, the cost of transportation fur- (F) Committee Website.—The Chairman Ranking Minority Member of the Committee nished, and any funds expended for any other shai1 maintain an official Committee web who may delegate such authority as he or official purpose, and shall summarize in site for the purposes of furthering the Com- she determines appropriate. these categories the total foreign currencies mittee’s legislative and oversight respon- (3) From the funds made available for the and appropriated funds expended. All such sibilities, including communicating informa- appointment of Committee staff pursuant to individual reports shall be filed by the Chair- tion about the Committee’s activities to any primary or additional expense resolu- man with the Committee on House Adminis- Committee Members, other Members and the tion, the Chairman shall ensure that each tration and shall be open to public inspec- public at large. The Ranking Minority Mem- subcommittee is adequately funded and tion. ber may maintain a similar website for the staffed to discharge its responsibilities and same purposes. that the minority party is fairly treated in RULE XII.—AMENDMENT OF RULES RULE II.—TIME OF MEETINGS the appointment of such staff (See House These rules may be amended by a majority Rule X, clause 6(d)). vote of the Committee. A proposed change in (A) Regular Meeting Date.—The regular (c) Committee Travel.—(1) Consistent with these rules shall not be considered by the meeting date and time for the transaction of the primary expense resolution and such ad- Committee as provided in clause 2 of House business of the Full Committee shall be on ditional expense resolution as may have been Rule XI, unless written notice of the pro- the first Wednesday that the House is in Ses- approved, the provisions of this rule shall posed change has been provided to each Com- sion each month, unless otherwise directed govern official travel of Committee members mittee member two legislative days in ad- by the Chairman. and Committee staff regarding domestic and vance of the date on which the matter is to (B) Additional Meetings.—At the discre- foreign travel (See House rule XI, clause 2(n) be considered. Any such change in the rules tion of the Chairman, additional meetings of and House Rule X, clause 8 (reprinted in Ap- of the Committee shall be published in the the Committee may be scheduled for the pendix A)). Official travel for any member or Congressional Record within 30 calendar consideration of any bill or other matters any Committee staff member shall be paid days after its approval. pending before the Committee or to conduct only upon the prior authorization of the other Committee business. The Committee f Chairman. Official travel may be authorized shall meet for such purposes pursuant to the by the Chairman for any Committee Member PUBLICATION OF THE RULES OF call of the Chairman. and any Committee staff member in connec- THE COMMITTEE ON HOMELAND (C) Consideration.—Except in the case of a tion with the attendance of hearings con- SECURITY, 110TH CONGRESS special meeting held under clause 2(c)(2) of ducted by the Committee and its subcommit- House Rule XI, the determination of the tees and meetings, conferences, facility in- The SPEAKER pro tempore. Under a business to be considered at each meeting of spections, and investigations which involve previous order of the House, the gen- the Committee shall be made by the Chair- activities or subject matter relevant to the tleman from Mississippi (Mr. THOMP- man. general jurisdiction of the Committee. Be- SON) is recognized for 5 minutes. RULE III.—NOTICE AND PUBLICATION fore such authorization is given there shall Mr. THOMPSON of Mississippi. Madam (A) Notice.— be submitted to the Chairman in writing the Speaker, in accordance with clause 2(a) of (1) Hearings.—The date, time, place and following: subject matter of any hearing of the Com- (i) The purpose of the official travel; Rule XI of the Rules of the House of Rep- mittee shall, except as provided in the Com- (ii) The dates during which the official resentatives, I respectfully submit the rules of mittee rules, be announced by notice at least travel is to be made and the date or dates of the Committee on Homeland Security for print- the event for which the official travel is one week in advance of the commencement ing in the CONGRESSIONAL RECORD. The Com- of such hearing. The names of all witnesses being made; mittee on Homeland Security adopted these (iii) The location of the event for which the scheduled to appear at such hearing shall be official travel is to be made; and rules by voice vote, a quorum being present, provided to Members no later than 48 hours (iv) The names of members and Committee at our organizational meeting on January 23, prior to the commencement of such hearing. staff seeking authorization. 2007. These notice requirements may be waived by the Chairman with the concurrence of the (2) In the case of official travel of members COMMITTEE ON HOMELAND SECURITY, Ranking Minority Member. and staff of a subcommittee to hearings, COMMITTEE RULES, ADOPTED JANUARY 23, 2007 meetings, conferences, facility inspections (2) Meetings.—The date, time, place and and investigations involving activities or RULE L.—GENERAL PROVISIONS. subject matter of any meeting, other than a subject matter under the jurisdiction of such (A) Applicability of the Rules of the U.S. hearing or a regularly scheduled meeting, subcommittee to be paid for out of funds al- House of Representatives.—The Rules of the shall be announced at least 36 hours in ad- located to the Committee, prior authoriza- U.S. House of Representatives (the ‘‘House’’) vance of a meeting to take place on a day tion must be obtained from the sub- are the rules of the Committee on Homeland the House is in session, and 72 hours in ad- committee Chairman and the full Committee Security (the ‘‘Committee’’) and its sub- vance of a meeting to take place on a day Chairman. Such prior authorization shall be committees insofar as applicable. the House is not in session, except in the given by the Chairman only upon the rep- (B) Applicability to Subcommittees.—Ex- case of a special meeting called under clause resentation by the applicable subcommittee cept where the terms ‘‘Full Committee’’ and 2(c)(2) of House Rule XI. These notice re- Chairman in writing setting forth those ‘‘subcommittee’’ are specifically mentioned, quirements may be waived by the Chairman items enumerated in clause (1). the following rules shall apply to the Com- with the Concurrence of the Ranking Minor- (3) Within 60 days of the conclusion of any mittee’s subcommittees and their respective ity Member. official travel authorized under this rule, Chairmen and Ranking Minority Members to (a) Copies of any measure to be considered there shall be submitted to the Committee the same extent as they apply to the Full for approval by the Committee at any meet- Chairman a written report covering the in- Committee and its Chairman and Ranking ing, including any mark, print or amend- formation gained as a result of the hearing, Minority Member. ment in the of a substitute shall be provided meeting, conference, facility inspection or (C) Appointments by the Chairman.—The to the Members at least 24 hours in advance. investigation attended pursuant to such offi- Chairman shall designate a Member of the (b) The requirement in subsection (a) may cial travel. Majority party to serve as Vice Chairman of be waived or abridged by the Chairman, with (4) Local currencies owned by the United the Full Committee. The Vice Chairman of advance notice to the Ranking Minority States shall be made available to the Com- the Full Committee shall preside at any Member.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.030 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1128 CONGRESSIONAL RECORD — HOUSE January 31, 2007 (3) Publication.—The meeting or hearing has, upon notice to all its Members, met and amount and source (by agency and program) announcement shall be promptly published considered the alleged contempt. The person of any Federal grant (or thereof) or contract in the Daily Digest portion of the Congres- to be cited for contempt shall be afforded, (or subcontract thereof) received during the sional Record. To the greatest extent prac- upon notice of at least 72 hours, an oppor- current fiscal year or either of the two pre- ticable, meeting announcements shall be en- tunity to state why he or she should not be ceding fiscal years by the witness or by an tered into the Committee scheduling service held in contempt prior to a vote of the Full entity represented by the witness to the ex- of the House Information Resources. Committee, with a quorum being present, on tent that such information is relevant to the RULE IV.—OPEN MEETINGS AND HEARINGS; the question whether to forward such rec- subject matter of, and the witness’ represen- BROADCASTING ommendation to the House. Such statement tational capacity at, the hearing. (A) Open Meetings.—All meetings and shall be, in the discretion of the Chairman, RULE VII.—QUORUM hearings of the Committee shall be open to either in writing or in person before the Full Quorum Requirements.—Two Members the public including to radio, television and Committee. shall constitute a quorum for purposes of still photography coverage, except as pro- RULE VI.—WITNESSES taking testimony and receiving evidence. vided by Rule XI of the Rules of the House or (A) Questioning of Witnesses.— One-third of the Members of the Committee when the Committee, in open session and (1) Questioning of witnesses by-Members shall constitute a quorum for conducting with a Majority present, determines by re- will be conducted under the five-minute rule business, except for (1) reporting a measure corded vote that all or part of the remainder unless the Committee adopts a motion per- or recommendation; (2) closing Committee of that hearing on that day shall be closed to mitted by House Rule XI (2)(j)(2). meetings to the public, pursuant to Com- the public because disclosure of testimony, (2) In questioning witnesses under the 5- mittee Rule IV; (3) authorizing the issuance evidence, or other matters to be considered minute rule, the Chairman and the Ranking of subpoenas; and (4) any other action for would endanger the national security, com- Minority Member shall first be recognized. which actual majority quorum is required by promise sensitive law enforcement informa- In a subcommittee meeting or hearing, the any rule of the House of Representatives or tion, tend to defame, degrade or incriminate Chairman and Ranking Minority Member of by law. The Chairman shall make reasonable a witness, or violate any law or role of the the Full Committee are then recognized. All efforts, including consultation with the House of Representatives. other Members that arrive before the com- Ranking Minority Member when scheduling (B) Broadcasting.—Whenever any hearing mencement of the meeting or hearing will be meetings and hearings, to ensure that a or meeting conducted by the Committee is recognized in the order of seniority on the quorum for any purpose will include at least open to the public, the Committee shall per- Committee, alternating between Majority one minority Member of the Committee. mit that hearing or meeting to be covered by and Minority Members. Committee Members RULE VIII.—DECORUM television broadcast, internet broadcast, arriving after the commencement of the (A) Breaches of Decorum.—The Chairman print media, and still photography, or by any hearing shall be recognized in order of ap- may punish breaches of order and decorum, of such methods of coverage. in accordance pearance, alternating between Majority and by censure and exclusion from the hearing; with the provisions of clause 4 of Rule XI of Minority Members, after all Members and the Committee may cite the offender to the Rules of the House. Operation and use of present at the beginning of the hearing have the House for contempt. any Committee operated broadcast system been recognized. Each Member shall be rec- (B) Access to Dais.—Access to the dais be- shall be fair and nonpartisan and in accord- ognized at least once before any Member is fore, during and after a hearing, markup, or ance with clause 4(b) of Rule XI and all other given a second opportunity to question a other meeting of the Committee shall be applicable rules of the Committee and the witness. limited to Members and staff of the Com- House. Priority shall be given by the Com- (3) The Chairman, in consultation with the mittee. Subject to availability of space on mittee to members of the Press Galleries. Ranking Minority Member, or the Com- the dais, a Member may have a personal staff (C) Transcripts.—A transcript shall be mittee by motion may permit an extension present on the dais during periods when the made of the testimony of each witness ap- of the period of questioning of a witness be- Member is seated on the dais at the hearing. pearing before the Committee during a Com- yond five minutes but the time allotted must (C) Wireless Communications Use Prohib- mittee hearing. All transcripts of meetings be equally apportioned to the Majority party ited.—During a hearing, markup, or other or hearings that are open to the public shall and the Minority and may not exceed one meeting of the Committee, ringing or audi- be made available. hour in the aggregate. ble sounds or conversational use of cellular RULE V.—PROCEDURES FOR MEETINGS AND (4) The Chairman, in consultation with the telephones or other electronic devices is pro- HEARINGS Ranking Minority Member, or the Com- hibited in the Committee room. (A) Opening Statements.—At any meeting mittee by motion may permit Committee RULE IX.—SUBCOMMITTEES staff of the Majority and Minority to ques- of the Committee, the Chairman and Rank- (A) Generally.—The Full Committee shall tion a witness for a specified, total period ing Minority Member shall be entitled to be organized into the following six standing that is equal for each side and not longer present oral opening statements of five min- subcommittees: utes each. Other Members may submit writ- than 30 minutes for each side. (1) Subcommittee on Border, Maritime and (B) Minority Witnesses.—Whenever a hear- ten opening statements for the record. The Global counterterrorism; Chairman presiding over the meeting may ing is conducted by the Committee upon any (2) Subcommittee on Emergency Commu- permit additional opening statements by measure or matter, the Minority party Mem- nications, Preparedness, and Response; other Members of the Full Committee or of bers on the Committee shall be entitled, (3) Subcommittee on Transportation Secu- that subcommittee, with the concurrence of upon request to the Chairman by a Majority rity and Infrastructure Protection; the Ranking Minority Member. of those Minority Members before the com- (4) Subcommittee on Intelligence, Informa- (B) The Five-Minute Rule.—The time any- pletion of such hearing, to call witnesses se- tion Sharing and Terrorism Risk Assess- one Member may address the Committee on lected by the Minority to testify with re- ment; any bill, motion, or other matter under con- spect to that measure or matter during at (5) Subcommittee on Emerging Threats, sideration by the Committee shall not ex- least one day of hearing thereon. Cybersecurity, and Science and Technology; ceed five minutes, and then only when the (C) Oath or Affirmation.—The Chairman of and Member bas been recognized by the Chair- the Committee or any Member designated by (6) Subcommittee on Management, Inves- man, except that this time limit may be ex- the Chairman, may administer an path to tigations, and Oversight. tended when permitted by unanimous con- any witness. (B) Selection and Ratio of Subcommittee sent. (D) Statements by Witnesses.— Members.—The Chairman and Ranking (C) Postponement of Vote.—The Chairman (1) Consistent with the notice given, wit- Member of the Full Committee shall select may postpone further proceedings when a nesses shall submit a prepared or written their respective Members of each sub- record vote is ordered on the question of ap- statement for the record of the proceedings committee. The ratio of Majority to Minor- proving any measure or matter or adopting (including, where practicable, an electronic ity Members shall be comparable to the ratio an amendment. The Chairman may resume copy) with the Clerk of the Committee no of Majority to Minority Members on the Full proceedings on a postponed vote at any time, less than 48 hours in advance of the witness’s Committee, except that each subcommittee provided that all reasonable steps have been appearance before the Committee. Unless the shall have at least two more Majority Mem- taken to notify Members of the resumption 48 hour requirement is waived or otherwise bers than Minority Members. of such proceedings. When proceedings re- modified by the Chairman after consultation (C) Ex Officio Members.—The Chairman sume on a postponed question, notwith- with the Ranking Minority Member, the fail- and Ranking Minority Member of the Full standing any intervening order for the pre- ure to comply with this requirement may re- Committee shall be ex officio members of vious question, an underlying proposition sult in the exclusion of the written testi- each subcommittee but are not authorized to shall remain subject to further debate or mony from the hearing record and/or the vote on matters that arise before each sub- amendment to the same extent as when the baring of an oral presentation of the testi- committee. The Chairman and Ranking Mi- question was postponed. mony. nority Member of the Full Committee shall (D) Contempt Procedures.—No rec- (2) To the greatest extent practicable, the not be counted to satisfy the quorum re- ommendation that a person cited for con- written testimony of each witness appearing quirement for any purpose other than taking tempt of Congress shall be forwarded to the in a non-governmental capacity shall include testimony unless they are regular members House unless and until the Full Committee a curriculum vitae and a disclosure of the of that subcommittee.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.038 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1129 (D) Powers and Duties of Subcommittees.— (D) Affidavits and Depositions.—The Chair- the event for which the travel is being made; Except as otherwise directed by the Chair- man of the Full Committee, in consultation (c) the location of the event for which the man of the Full Committee, each sub- with the Ranking Minority Member of the travel is to be made; and (d) the names of committee is authorized to meet, hold hear- Full Committee, or the Committee may au- Members and staff seeking authorization. On ings, receive testimony, mark up legislation, thorize the taking of an affidavit or deposi- the basis of that information, the Chairman and report to the Full Committee on all mat- tion with respect to any person who is sub- shall determine whether the proposed travel ters within its purview. Subcommittee poenaed under these rules but who is unable is for official Committee business, concerns Chairmen shall set hearing and meeting to appear in person to testify as a witness at subject matter within the jurisdiction of the dates only with the approval of the Chair- any hearing or meeting. Notices for the tak- Full Committee, and is not excessively cost- man of the Full Committee. To the greatest ing of depositions shall specify the date, ly in view of the Committee business pro- extent practicable, no more than one meet- time and place of examination. Depositions posed to be conducted. ing and hearing should be scheduled for a shall be taken under oath administered by a (2) Proposed Travel by Minority Party given time. Member or a person otherwise authorized by Members and Staff.—In the case of proposed (E) Special Voting Provision.—If a tie vote law to administer oaths. Prior consultation travel by Minority party Members or Com- occurs in a subcommittee on the question of with the Ranking Minority Member of the mittee staff, the Ranking Minority Member reporting any measure to the Full Com- Full Committee shall include written notice shall provide to the Chairman a written rep- mittee, the measure shall be placed on the three business days before any deposition is resentation setting forth the information agenda for Full Committee consideration as scheduled to provide an opportunity for Mi- specified in items (a), (b), (c), and (d) of sub- if it had been ordered reported by the sub- nority staff to be present during the ques- paragraph (1) and his or her determination committee without recommendation. tioning. that such travel complies with the other re- (F) Task Force or Select Subcommittees.— quirements of subparagraph (1). RULE XII.—COMMITTEE STAFF The Chairman, with the concurrence of the (B) Foreign Travel.—All Committee Mem- Ranking Minority Member, may create task (A) Generally.— Committee staff members ber and staff requests for Committee-funded forces of limited duration to carry out spe- are subject to the provisions of clause 9 of foreign travel must be submitted to the cifically enumerated duties and functions House Rule X and must be eligible to be con- Chairman, through the Chief Financial Offi- within the jurisdiction of the Committee sidered for routine access to classified infor- cer of the Committee, not less than seven subject to any limitations provided for in the mation. business days prior to the start of the travel. House Rules or other Caucus or Conference (B) Staff Assignments.—For purposes of Within 60 days of the conclusion of any such Rules. Any task force created under this rule these rules, Committee staff means the em- foreign travel authorized under this rule, shall be subject to all applicable Committee ployees of the Committee, detailees, fellows there shall be submitted to the Chairman a and House rules and other laws in the con- or any other person engaged by contract or written report summarizing the information duct of its duties and functions. otherwise to perform services for, or at the gained as a result of the travel in question, request of, the Committee. All such persons RULE X.—REFERRALS TO SUBCOMMITTEES or other Committee objectives served by shall be either Majority, Minority, or shared such travel. Referral of Bills and Other Matters by staff. The Chairman shall appoint, determine RULE XIV.—CLASSIFIED AND OTHER Chairman.—Except for bills and other mat- remuneration of, supervise and may remove CONFIDENTIAL INFORMATION ters retained by the Chairman for Full Com- Majority staff. The Ranking Minority Mem- mittee consideration, each bill or other mat- ber shall appoint, determine remuneration (A) Security Precautions.—Committee ters referred to the Full Committee shall be staff offices, including Majority and Minor- of, supervise and may remove Minority staff. referred by the Chairman to one or more sub- ity offices, shall operate under strict secu- In consultation with the Ranking Minority committees. In referring any measure or rity precautions administered by the Secu- Member, the Chairman may appoint, deter- matter to a subcommittee, the Chair may rity Officer of the Committee. A security of- mine remuneration of, supervise and may re- specify a date by which the subcommittee ficer shall be on duty at all times during nor- move shared staff that is assigned to service shall report thereon to the Full Committee. mal office hours. Classified documents and of the Committee. The Chairman shall cer- Bills or other matters referred to sub- sensitive but unclassified (SBU) documents tify Committee staff appointments, includ- committees may be reassigned or discharged (including but not limited to those marked ing appointments by the Ranking Minority by the Chairman. with dissemination restrictions such as Sen- Member, as required. RULE XI.—SUBPOENAS (C) Divulgence of Information.—Prior to sitive Security Information (SSI), Law En- (A) Authorization.—Pursuant to clause the public acknowledgement by the Chair- forcement Sensitive (LES), For Official Use 2(m) of Rule XI of the House, a subpoena man or the Committee of a decision to ini- Only (FOUO), or Critical Infrastructure In- may be authorized and issued under the seal tiate an investigation of a particular person, formation (CII) may be examined only in an of the House and attested by the Clerk of the entity, or subject, no member of the Com- appropriately secure manner. Such docu- House, and may be served by any person des- mittee staff shall knowingly divulge to any ments may be removed from the Commit- ignated by the Full Committee for the fur- person any information, including non-clas- tee’s offices in furtherance of official Com- therance of an investigation with authoriza- sified information, which comes into his or mittee business. Appropriate security proce- tion by— her possession by virtue of his or her status dures shall govern the handing of such docu- (1) a majority of the Full Committee, a as a member of the Committee staff, if the ments removed from the Committee’s of- quorum being present; or member of the Committee staff has a reason- fices. (2) the Chairman of the Full Committee, (B) Temporary Custody of Executive able expectation that such information may after consultation with the Ranking Minor- Branch Material.—Executive branch docu- alert the subject of a Committee investiga- ity Member of the Full Committee, during ments or other materials containing classi- tion to the existence, nature, or substance of any period for which the House has ad- fied information in any form that were not such investigation, unless authorized to do journed for a period in excess of 3 days when, made part of the record of a Committee hear- so by the Chairman or the Committee. in the opinion of the Chairman of the Full ing, did not originate in the Committee or Committee authorization and issuance of the RULE XIII.—MEMBER AND STAFF TRAVEL the House, and are not otherwise records of subpoena is necessary to obtain the material (A) Approval of Travel.—Consistent with the Committee shall, while in the custody of or testimony set forth in the subpoena. The the primary expense resolution and such ad- the Committee, be segregated and main- Chairman of the Full Committee shall notify ditional expense resolutions as may have tained by the Committee in the same man- Members of the Committee of the authoriza- been approved, travel to be reimbursed from ner as Committee records that are classified. tion and issuance of a subpoena under this funds set aside for the Committee for any Such documents and other materials shall be rule as soon as practicable, but in no event Member or any Committee staff shall be paid returned to the Executive branch agency later than one week after service of such only upon the prior authorization of the from which they were obtained at the ear- subpoena Chairman. Travel may be authorized by the liest practicable time. (B) Disclosure.—Provisions may be in- Chairman for any Member and any Com- (C) Access by Committee Staff.—Access to cluded in a subpoena with the concurrence of mittee staff only in connection with official classified information supplied to the Com- the Chairman and the Ranking Minority Committee business, such as the attendance mittee shall be limited to Committee staff Member of the Full Committee, or by the of hearings conducted by the Committee and members with appropriate security clear- Committee, to prevent the disclosure of the meetings, conferences, site visits, and inves- ance and a need-to-know, as determined by Full Committee’s demands for information tigations that involve activities or subject the Chairman and Ranking Minority Member when deemed necessary for the security of matter under the general jurisdiction of the and under their direction of the Majority and information or the progress of an investiga- Full Committee. Minority Staff Directors. tion, including but not limited to prohibiting (1) Proposed Travel by Majority Party (D) Maintaining Confidentiality.—No the revelation by witnesses and their counsel Members and Staff.—In the case of proposed Member of the Committee or Committee of Full Committee’s inquiries. travel by Majority party Members or Com- staff shall disclose, in whole or in part or by (C) Subpoena duces tecum.—A subpoena mittee staff, before such authorization is way of summary, to any person who is not a duces tecum may be issued whose return to given, there shall be submitted to the Chair- Member of the Committee or an authorized the Committee Clerk shall occur at a time man in writing the following: (a) the purpose member of Committee staff for any purpose and place other than that of a regularly of the travel; (b) the dates during which the or in connection with any proceeding, judi- scheduled meeting. travel is to be made and the date or dates of cial or otherwise, any testimony given before

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.040 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1130 CONGRESSIONAL RECORD — HOUSE January 31, 2007 the Committee in executive session. Classi- the name of each Member voting for and He said, ‘‘Everyone is entitled to their fied information and sensitive but unclassi- each Member voting against each such own opinion, but they are not entitled fied (SBU) information (including but not amendment, motion, order, or proposition, to their own facts.’’ limited to documents marked with dissemi- as well as the names of those Members Mr. Speaker, no place could that ring nation restrictions such as Sensitive Secu- present but not voting. Such record shall be rity Information (SSI), Law Enforcement made available to the public at reasonable more true than right here in the halls Sensitive (LES), For Official Use Only times within the Committee offices. of Congress. We get a lot of oppor- (FOUO), or Critical Infrastructure Informa- (G) Separate and Distinct.—All Committee tunity to observe process here. We talk tion (CII) shall be handled in accordance records and files must be kept separate and about process a lot. We talk about with all applicable provisions of law and con- distinct from the office records of the Mem- rules a lot. Many people say, what dif- sistent with the provisions of these rules. bers serving as Chairman and Ranking Mi- ference does that make? What dif- (E) Oath.—Before a Member or Committee nority Member. Records and files of Mem- ference do the rules make? And a lot of staff member may have access to classified bers’ personal offices shall not be considered people, many people, say, on my side, information, the following oath (or affirma- records or files of the Committee. tion) shall be executed: ‘‘I do solemnly swear (H) Disposition of Committee Records.—At say you don’t want to talk about proc- (or affirm) that I will not disclose any classi- the conclusion of each Congress, non-current ess. It is difficult for the American peo- fied information received in the course of my records of the Committee shall be delivered ple to understand or appreciate. service on the Committee on Homeland Se- to the Archivist of the United States in ac- But what process does in a demo- curity, except as authorized by the Com- cordance with Rule VII of the Rules of the cratic institution, and this being the mittee or the House of Representatives or in House. finest democratic institution in the accordance with the Rules of such Com- (l) Archived Records.—The records of the world, the people’s House, what process mittee or the Rules of the House.’’ Committee at the National Archives and does is allow all voices to be heard and Copies of the executed oath (or affirma- Records Administration shall be made avail- allow all points of view to be heard. tion) shall be retained by the Clerk as part of able for public use in accordance with Rule the records of the Committee. VII of the Rules of the House. The Chairman I would suggest, Mr. Speaker, if you (F) Disciplinary Action.—The Chairman shall notify the Ranking Minority Member think about it and if my friends on shall immediately consider disciplinary ac- of any decision, pursuant to clause 3(b)(3) or both sides of the aisle would think tion in the event any Committee Member or clause 4(b) of the Rule, to withhold a record about it, we all appreciate that we member of the Committee staff fails to con- otherwise available, and the matter shall be don’t have Republican challenges or form to the provisions of these rules gov- presented to the Committee for a determina- Republican problems or Democrat erning the disclosure of classified or unclas- tion on the written request of any member of problems or Democrat challenges. We sified information. Such disciplinary action the Committee. The Chairman shall consult have American challenges, American may include, but shall not be limited to, im- with the Ranking Minority Member on any mediate dismissal from the Committee staff, communication from the Archivist of the challenges that are best solved when criminal referral to the Justice Department, United States or the Clerk of the House con- we all work together and come up with and notification of the Speaker of the House. cerning the disposition of noncurrent records the best and most correct solution for With respect to Minority party staff, the pursuant to clause 3(b) of the Rule. our Nation. Chairman shall consider such disciplinary RULE XVI.—CHANGES TO COMMITTEE RULES But, sadly, Mr. Speaker, we haven’t action in consultation with the Ranking Mi- had much of that with this new Con- nority Member. These rules may be modified, amended, or repealed by the Full Committee provided gress. That is, the opportunity to have RULE XV.—COMMITTEE RECORDS that a notice in writing of the proposed input into the process. Again, the rea- (A) Committee Records.—Committee change has been given to each Member at son that the process is so important, Records shall constitute all data, charts and least 48 hours prior to the meeting at which because if you lock people out of the files in possession of the Committee and action thereon is to be taken. ability to have input into the process, shall be maintained in accordance with f then what happens, the individuals, the House Rule XI, clause 2(e). (B) Legislative Calendar.—The Clerk of the OFFICIAL TRUTH SQUAD citizens, the American citizens that Committee shall maintain a printed calendar those people represent, those people for the information of each Committee Mem- The SPEAKER pro tempore. Under who are locked out of the process, ber showing any procedural or legislative the Speaker’s announced policy of Jan- those American citizens are without a measures considered or scheduled to be con- uary 18, 2007, the gentleman from Geor- voice. They don’t have a voice in the sidered by the Committee, and the status of gia (Mr. PRICE) is recognized for 60 process. such measures and such other matters as the minutes as the designee of the minor- Mr. Speaker, I think that is not only Committee determines shall be included. The ity leader. unfair, it is undemocratic, and so I calendar shall be revised from time to time Mr. PRICE of Georgia. Mr. Speaker, I would respectfully suggest to my to show pertinent changes. A copy of such re- am so honored and pleased to be able to visions shall be made available to each Mem- friends on the other side of the aisle ber of the Committee upon request. come to the House floor once again that they ought to look at the rules (C) Members Right To Access.—Members of with another version, another edition that they have adopted and they ought the Committee and of the House shall have of what we call the Official Truth to look at the process that they have access to all official Committee Records. Ac- Squad. gone through for these first 3 or 4 cess to Committee files shall be limited to The role of the Official Truth Squad weeks that we have been in Congress examination within the Committee offices at is to attempt to try to bring some hon- and try to be true to their principles, reasonable times. Access to Committee esty and factual information to the Records that contain classified information or their stated principles, and make shall be provided in a manner consistent floor of the House of Representatives. certain that all folks are able to be in- with these rules. Mr. Speaker, as you well know, often- volved in the process. Because it makes (D) Removal of Committee Records.—Files times that is difficult to find. Today a difference. It does indeed make a dif- and records of the Committee are not to be was no exception on the floor of the ference. removed from the Committee offices. No House as we tried to, through the de- Today, we took up on the floor of the Committee files or records that are not made bate we had, make sure that facts were House what was called a continuing publicly available shall be photocopied by being presented and information was resolution. It was, in fact, an omnibus any Member. reliable upon which people make their (E) Executive Session Records.—Evidence bill. It was a spending bill. or testimony received by the Committee in decisions was being presented. The last Congress, the one that was executive session shall not be released or I am honored by the leadership on in place prior to the beginning of this made available to the public unless agreed to the Republican side of the aisle to month, the House did its job from a fi- by the Committee. Members may examine come to the floor tonight and share nancial standpoint relatively effi- the Committee’s executive session records, with the American people and talk ciently. We passed all of our spending but may not make copies of, or take personal about issues that are of great concern, bills, appropriations bills, to try to fig- notes from, such records. some of which have been dealt with as ure out how to spend the hard-earned (F) Public Inspection.—The Committee recently as today. shall keep a complete record of all Com- money from the taxpayer. We got our mittee action including recorded votes. In- On the Official Truth Squad, we have business done pretty quickly. formation so available for public inspection a favorite quote which comes from The bills that we sent over to the shall include a description of each amend- Daniel Patrick Moynihan, who was a Senate sat there and sat there and sat ment, motion, order or other proposition and United States Senator from New York. there. Consequently, what happened

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A31JA7.042 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1131 was we came to the end of 2006 and relate to process and to policy, and I chaired our Armed Services Com- there was no agreement between the am pleased to be joined by good friends mittee, speaks so well to that issue and Senate and the House about those ap- who will highlight some of those items. I know he is going to talk about it, but propriations bills. So what we passed A member of the Official Truth it just breaks my heart to know that was a continuing resolution. Squad, a Member who brings highlight our National Guard troops and our Mr. Speaker, the continuing resolu- and honesty to our deliberations joins troops at Ft. Campbell, which is lo- tion that we passed, which was truly a me this evening, the gentlewoman from cated in my district, are going to have continuing resolution, which just Tennessee (Mrs. BLACKBURN). I appre- far less money for quality of life be- meant that you continued to spend the ciate your being with us, and I look cause of the actions that were taken in same amount of money in the pro- forward to your comments. this budget and the way in this budget, grams that were in place in the Federal Mrs. BLACKBURN. Mr. Speaker, I in this document, H.J. Res. 20, and peo- Government; and to do that it doesn’t thank the gentleman from Georgia. He ple can go online and pull this up and take much language. In fact, the bill does such a wonderful job of pulling the look, and how they have taken from was two short pages. If you had a little Truth Squad together and helping us military quality of life, money that larger page, it would be one page. Be- focus on the issues that are important should be going to our military fami- cause all it says in legal terms is we to our constituents and of concern to lies and have moved that to other de- will continue to spend the amount of our constituents and of concern to all partments; how they took money from money that we spent last year. That Americans. our military quality of life, $50 million, bill runs the government spending Certainly the process that we have and that is given to the Palestinian through February 15. seen carried out here in the House of Authority. That is something that with So something else had to be done; Representatives is one that causes us my constituents has certainly raised a and the other side said, we will do a concern. For those of us who respect lot of questions. continuing resolution. We will con- regular order, who respect the integ- The thing that interested me when it tinue spending money at the same rate rity of the House, to see an omnibus came to the issue of the earmarks was on the same programs because their spending bill go straight from the they had said, oh, no earmarks are committees haven’t got up and run- drafting table of a couple of Members, going to be in this budget, and then I ning. They cannot figure out exactly one in the Senate and one in the House, found out that, well, there were ear- what the process ought to be to allow and then come directly to the floor for marks that were in the budget. Nevada people to have input into it, so we will a vote is of tremendous concern. seems to have earmarks. Other States just have a continuing resolution. So b 1715 seem to have some curious earmarks they presented their, quote, continuing that are left in there, but then there resolution. We all know that our Nation has a are funds that are turned back to the Well, Mr. Speaker, that continuing process that was laid forth in the agencies. resolution I have here, this H.J. Res, is founding of this Nation, a process by I said, well, how does this money get 137 pages long. which this body would conduct its busi- spent? Is it done with letters of in- Mr. Speaker, that is a fact. It is not ness on behalf of the people, the peo- struction? How is it done? What I found an opinion, that is a fact. ple’s House. Today, as I heard some of Now the continuing resolution that out was that the process that they my colleagues across the aisle talk would revert to, and I guess this is reg- could continue the spending for our Na- about how we had returned to regular tion, responsible spending at the lowest ular order, would be the process before order, I thought, oh, my goodness, I do possible level given the amount of money started being earmarked. It is not think this is what people had in spending that has occurred over the where you pick up the phone and you mind. past number of months of this fiscal call the agency and say let me tell you I really do not think, Mr. Speaker, year, could just be continued with a how I think we need to spend that that when people went to the polls in two-page resolution that says, yes, in- money. November and voted and said we want deed, we will continue that spending. My constituents long ago said they In fact, what the majority party has to see a change in things, we want did not want the activities of smoke- done is passed a 137-page omnibus bill. greater accountability, we want great- filled rooms. They wanted more trans- It is not a continuing resolution in er transparency and we are frustrated parency and the American people want- spite of what they say. The reason that with what we have seen in Washington. ed to see greater accountability, and I is important is the process was not in I do not think this is what they had in think that we will continue to hear place to allow input by almost any- mind, and certainly we would hope this from our constituents. They want a body. Not just Republicans, but Demo- is not the process that the Democrat smaller budget that is going to be more crats as well, and certainly freshmen majority will follow as they talk about responsible of their money. This is not Democrats, had no input into the proc- what is going to be regular order. our money. It is the taxpayers’ money. ess. What the gentleman from Georgia Government does not have a revenue What is in this bill is all sorts of spe- just said about the omnibus is so very problem. With the tax reductions that cial spending, picking winners and los- true. As he said, this is a continuing have been passed, the Federal Govern- ers and rewarding friends in this bill resolution. It requires two sheets of ment has brought in more money than that the other side, the Democrat ma- paper. It is a total of about 40 lines of ever. jority side, says is just a continuing type. That is it. It just says we abide What government has is a spending resolution. by the budget that was in place in 2006. problem. It has a priority problem, and Well, Mr. Speaker, we have some Our constituents may remember that this big, bloated budget that was principles on our side, and one of them the budget that we passed in 2006 was passed today is a budget that will con- is that no process deserves more public the budget that made 1 percent across- tinue to fund a bloated bureaucracy scrutiny than the way in which the the-board reductions in spending, 1 per- that just cannot get enough of our con- hard-earned taxpayer money is spent. cent. It was a $40 billion savings to the stituents’ money. No process deserves more scrutiny than American people. I was disappointed today with the ac- the way in which hard-earned taxpayer Now, the budget, this omnibus budg- tions of the majority. I was dis- money is spent. et, this 137 pages is going to end up appointed in how they chose to carry it In fact, what happened today is the spending about $17 billion more. So out. I do hope that we see a change in spending or the concurrence by the they are reducing and doing away with the way they carried forth, and to the House of Representatives, the vast ma- the savings that we worked hard to put gentleman from Georgia, I will tell jority of them being Democrat, that we in place. you, I hope that we continue to see a would spend $463 billion, that is with a The thing that is of tremendous con- return to a respect for how we address ‘‘B’’, Mr. Speaker, $463 billion on the cern to me, and I am so delighted to the people’s business in this House. omnibus bill that they have presented. see the gentleman from California (Mr. We talked some about one man, one And there are so many things that we HUNTER) who is such an advocate for vote and the sanctity of that and the would like to talk about tonight that our military and is really, having importance of that, and I do hope that

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.117 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1132 CONGRESSIONAL RECORD — HOUSE January 31, 2007 everyone will continue to keep their over and scooped money out of the cash were going to build that single family focus on being certain that we respect register that would accrue to the ben- housing for those military families but that for our constituents. efit of another group, a very important you guys reached in, took a bunch of I thank the gentleman for the time. people, and this is the men and women the money out; we had to give a stop Mr. PRICE of Georgia. Thank you so who wear the uniform of the United work order to our crews, and now we much. I appreciate your perspective States. are going to charge you, the American and your insight and your wonderful So let me give you the Army’s per- taxpayers, more money. words about accountability, because spective as manifested in a letter from I have got another executive sum- that is really what it is all about, Mr. Lieutenant General David Melcher, mary here that goes into more detail, Speaker. It is about accountability. It United States Army, Military Deputy and I thought it might just be good to is about holding people here in this for Budget, Assistant Secretary of the give a few of the examples of this House accountable for what they said Army, Financial Management and money that was cut by the Democrat they were going to do. Comptroller. He says this: majority, which they skipped over very Elections are wonderful things. ‘‘You recently requested a quick quickly, and tell the American people a Every 2 years, the American people get summary of Base Realignment and Clo- few details about these projects that to go to the polls and they get to say sure impacts to the Army as proposed they moved off the table with one push we like how things are going and we in the Joint Resolution, H.J. Res. 20.’’ of the hand. want to support that or we think there That is the resolution that the Demo- Training ranges, command and con- ought to be a change. In November of crat side of the aisle just passed. ‘‘The trol, training barracks, 19 projects, $560 last year, the American people voted attached information accurately por- million, including training facilities at for change, but I do not believe, as I trays these impacts. The following Fort Bliss, Texas; maneuver training know my good friend from Tennessee identifies key Army concerns: at Fort Benning, Georgia; air defense does not believe, that the American One, ‘‘Army will not begin with ap- artillery at Fort Sill; and battlefield people voted for higher spending or proximately $2 billion of our BRAC trauma lab at Fort Sam Houston. In greater deficits, which is what the program, which is a key enabler to fact, I have been to the battlefield Democrat majority in the House of grow and position the Army; this trauma lab. That is where we train our Representatives today adopted. leaves more than half of our fiscal year combat medics to save lives in the war I do know also that they did not vote 2007 BRAC program unexecutable.’’ fighting theaters in Afghanistan and to decrease money for our armed serv- Number 2, ‘‘Operational Impact on Iraq. ices, for our military men and women the Training, Mobilization and Deploy- Cannot start communications/elec- who are working as hard as they can, ment of Forces in support of the Global tronics, RD&E, center phase one at day and night, to make certain they War on Terrorism.’’ For some reason, APG, that is Aberdeen Proving Ground, keep us safe. In fact, what they have the Democrat side of the aisle did not to close Fort Monmouth and support done indeed with this bill that was quite want to show that statement by the global war on terrorism. adopted today is to decrease the the U.S. Army, that their bill that they Cannot start on human resources amount of revenue available for our passed, their continuing resolution, command at Fort Knox, Kentucky; re- fighting men and women and especially would, in fact, impact training, mobili- cruiting facilities at Redstone Arsenal; the base realignment and closure which zation and deployment of forces in sup- power projection platform at Ft. Riley is what gives the efficiency to the sys- port of the global war on terrorism. or other operational projects at Shaw tem. Number 3, ‘‘Unravels the Army’s syn- Air Force Base, Benning and Leaven- Nobody knows about that better than chronized stationing and BRAC plan, worth. the former chairman of the Armed puts growth of the Army, stationing, Armed Forces reserve centers, 27 Services Committee than my good and BRAC at risk.’’ That means this: projects, $700 million in 16 States. friend from California, the honorable We are bringing back divisions from Examples of fiscal year 2007 BRAC DUNCAN HUNTER, and I appreciate so around the world. Places like Germany quality of life requirements, eight much his taking part in this hour this are now going to see movement in projects, youth and child development evening. I look forward to your com- which American divisions are going to centers, Benning, Riley, Bliss, Sam ments. come back, and they are going to be Houston; dental clinics, Bliss, Sam Mr. HUNTER. Mr. Speaker, I want to repositioned in the United States. That Houston; medical clinic, Ft. Riley, thank my friend from Georgia for let- means you got to go out and build bar- Kansas. That is where the big red one ting me come in and offer something racks. You have got to go out and build is returning from Europe. that I did not see offered by the Demo- single family housing. You have got to All fiscal year 2007 BRAC projects crat side in this debate, which was the put a lot of construction in place. The and follow-on MILCON are syn- Army’s position on this continuing res- Democrat majority reached out and chronized with modular force build, olution. took away part of that money. operational rotations, BRAC and In fact, they posited this continuing Number 4, ‘‘Delays transformation of GDPR. resolution as motherhood, apple pie Reserve Component, has operational What that means is that we are now and everything that we need for a consequences.’’ We are involved in two trying to produce some 42 combat bri- strong national defense, and they in- shooting wars, and we have now done gades, and we are trying to modularize voked the interest of American vet- something that has operational con- them so they have the same equip- erans. What they did not tell American sequences. ment, they have got the same training, veterans was that the Army sees this Number 5, ‘‘Breaks the Nation’s obli- so that they are interchangeable so as a real problem and a real cut in ben- gation to provide Soldiers and Families you can move out with a combat fight- efits, and things that would help the adequate quality of life, affects the All ing force and you can move a brigade active Army come in this defense re- Volunteer Force,’’ something we did in from another area and you can have alignment, this base realignment with not hear from the other side of the that from another particular division divisions coming back to the United aisle. and that brigade is interchangeable. It States, divisions like the big red one Number 6, ‘‘Delays capital invest- does not have equipment that is coming back to Ft. Riley, Kansas, and ment and inhibits economic develop- noninteroperable, and it means you can lots of others and lots of quality-of-life ment, affects local jobs and growth fight more effectively and more con- programs for the men and women of across the U.S.’’ Over 80,000 jobs af- sistently. the armed services and for their fami- fected by what they just did. lies. And lastly, ‘‘Limits predictability b 1730 What we did not see coming from the and military construction acquisition That modularity has been hampered Democrat side of the aisle was the fact efficiencies, results in higher construc- by these cuts. So these are the cuts that they reached over with one hand tion costs.’’ that were made by the Democrat ma- to give money to one group of service- So, as we see costs going through the jority, pushed off the table, projects members of veterans; they reached roof, the contractors can say, yep, we pushed off the table with one push of

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.119 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1133 the hand and with barely a mention on look at the reductions that they made ings, delay or postpone scheduled re- the Democrat side. to the active force. The active force deployments of military personnel. So I would just say, my friend from and its benefits are very, very impor- Did you hear that? Delay or postpone Georgia, glad you got that sign up tant to every veteran. scheduled redeployments of military there, Official Truth Squad. You know, I thank the gentleman. personnel and their overseas stations I think sometimes it is important to Mr. PRICE of Georgia. Thank you to the United States and negatively know the entire story. That is a part of very much. I appreciate it. Those are impact many specific plans in response the real story about what we did today. facts. to BRAC. I thank the gentleman for letting me Mr. Speaker, I would ask to insert in So, in addition to the challenges and come down and talk a little bit about the RECORD the letter from Lieutenant the difficulties that we have in trying the Army’s position and the Army’s po- General Melcher. to make certain that our men and sition against the cuts that were mani- DEPARTMENT OF THE ARMY, OFFICE women have anything at their resource fested in this continuing resolution. OF THE ASSISTANT SECRETARY OF to be able to fight this global war on I thank the gentleman. THE ARMY, terror, I doubt that anybody on the Mr. PRICE of Georgia. I thank the Washington, DC, January 31, 2007. other side of the aisle, when they ran Hon. DUNCAN HUNTER, gentleman for his insight. Nobody for office last November, said, boy, I House of Representatives, sure want to cut the military’s budget knows more about these issues than Washington, DC. you and I. I appreciate you bringing DEAR REPRESENTATIVE HUNTER: Sir, you as they fight the global war on terror. that perspective. recently requested a quick summary of Base I doubt that happened, but, in fact, You mention a number of items. You Realignment and Closure impacts to the that is exactly what happened on the said there was barely a mention about Army as proposed in the Joint Resolution floor of the House today. this. I was listening pretty closely. I H.J. Res. 20. The attached information accu- What we are here to do today, as The didn’t hear a single word about it from rately portrays these impacts. The following Official Truth Squad, is to make cer- identifies key Army concerns: tain that we hold people accountable. the other side that talked about the Army will not begin with approximately cuts that are in place. There are people watching. There are $2.0 B of our BRAC program which is a key people listening. The American people Mr. HUNTER. No. enabler to grow and position the Army; this Mr. PRICE of Georgia. And that leaves more than half of our FY07 BRAC pro- know that there are two different phi- things were skipped over quickly. They gram (56%) unexecutable losophies of how government ought to were. We had 1 hour of debate on a $463 Operational impact on the Training, Mobi- work. We have a philosophy that it billion appropriations bill. Phe- lization, and Deployment of Forces in sup- ought to be efficient, that it ought to nomenal. Phenomenal when you think port of the Global War on Terrorism be as small as possible, that it ought to Unravels the Army’s synchronized sta- about it. respect individuals, that it ought to tioning and BRAC plan—puts growth of the strongly support the global war on ter- Mr. HUNTER. Let me tell you some- Army, stationing, and BRAC at risk . thing. ror in our military. Delays transformation of Reserve Compo- Our good friends on the other side of Mr. PRICE of Georgia. Please. nent—has operational consequences Mr. HUNTER. The other side tried to Breaks the Nation’s obligation to provide the aisle oftentimes talk like that. But appeal to the hearts of American vet- Soldiers and Families adequate quality of when it gets right down to votes, that erans. I am a veteran. But you know life—affects the All Volunteer Force is not how they vote. We are here something else? I have a son who just Delays capital investment and inhibits today to bring some facts to the issue economic development—affects local jobs did 4 years of active duty with the U.S. and some accountability. and growth across the U.S. (over 80,000 jobs) I am so pleased to be joined by my Marine Corps, trained at some of these Limits predictability and military con- good friend from Texas, who was past bases that we are talking about, wit- struction acquisition efficiencies—results in budget chairman for the Republican nessed and was training sometimes in higher construction costs Study Committee during the last term facilities that were somewhat defi- I trust this information is helpful. and this year has assumed the helm of cient, that needed to be improved. Sincerely, the Chair of the Republican Study I will bet you, if you look in the fam- DAVID F. MELCHER, Committee, I think one of the finest ily of every American veteran that the Lieutenant General, U.S. Army, Military groups of individuals in this Congress, other side was playing to, in passing Deputy for Budget, the individuals who are as concerned as the CR and saying we are doing good Assistant Secretary anybody that I know about economic things for you guys, for you old guys of the Army, Finan- responsibility, financial responsibility, like me, they were not doing good cial Management and accountability for this Congress. things for our sons. Because our sons and Comptroller. I thank you for joining us this are on active duty right now. They Mr. PRICE of Georgia. Mr. Speaker, I evening and look forward to your com- need to have that quality of life for our also want to highlight a statement in a ments. military families. letter from the Office of Management Mr. HENSARLING. I thank the gen- I can remember being with my son as and Budget from the Executive Office tleman, and I certainly appreciate his Lynne and I would follow them around of the President about these BRAC great work as a Member from Georgia. the United States, as a lot of military closings, because I think that it high- We particularly participate his partici- moms and dads do, trying desperately lights one of the very egregious activi- pation in the Republican Study Com- to get a little time with our grand- ties that occurred in passing this omni- mittee, the conservative caucus within children, and we would be often in sub- bus, this appropriations bill, that the this caucus. standard housing. We would see the ef- Democrat majority did today. It has been a rather interesting day forts that had been undertaken by DOD It says, quote, the President’s budget here on the House floor. I didn’t know to upgrade housing and to upgrade fa- requested $5.6 billion to implement the that it was possible, but apparently our cilities and to make life better for fam- recommendations of the 2005 Base Re- Democrat colleagues created a new ilies. A lot of those programs are in alignment and Closure Commission. record in the House. Now, I am still those cuts that the Democrats side of That is something that all of us had doing my homework. Maybe they just the aisle just made. voted on here on the floor of the House. came in second or third place. But if I So if you are playing to us old vet- The administration strongly opposes did my homework correctly, never in erans, remember, there is another the committee’s reduction of $3.1 bil- the history of America has a Congress thing that is very near and dear to us lion from the President’s request. spent more money with less account- old veterans, and that is our kids who Remember, this is $3.1 billion cut out ability than this Democrat Congress are on active duty or recently on ac- of a $5.6 billion appropriation. did today just a few hours ago, $463 bil- tive duty. We are concerned about This will, quote, significantly delay lion spent in 1 hour, 1 hour of debate to them. So don’t take away from them to BRAC implementation, increase the spend $463 billion. give to us on the basis that we will risk that the Department of Defense Now, I have been a Member of Con- then appreciate it, and we will appre- would not meet its statutory deadline gress for a while, but, ladies and gen- ciate them, and we somehow will not to implement BRAC, reduce BRAC sav- tlemen, that is still real money. That

VerDate Aug 31 2005 06:18 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.121 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1134 CONGRESSIONAL RECORD — HOUSE January 31, 2007 is $7.7 billion per minute that this Let me tell you what else they told given us that continuing resolution Democrat majority managed to spend. us. They told us there would be no ear- that would have saved us $6.2 billion We just heard from the distinguished marks. You know, these are these little that would have done what the Demo- ranking member of the Armed Services perks that Members of Congress take crats told the American people they Committee. Apparently, they didn’t for their own district. Well, at last were going to do. But their Rules Com- spend it very well. They seemed to count, there was near 30 earmarks. mittee said, no, we are not going to have forgotten the war fighter and his Now, maybe they are good earmarks, allow that one. That is kind of a dicey quality of life when they were putting maybe they are bad earmarks, but vote. That one was never allowed on this massive spending bill together. don’t tell us there aren’t going to be the floor, the one that would actually Now, earlier, as the Democrats took any earmarks in the bill and then put use $6.2 billion to help reduce this def- control of the institution, and elec- them there. icit. tions have consequences, I understand I mean, they are the poster children, Another thing we can do is embrace that, they won fair and square, but too often. They are the poster children the President’s call for a balanced Speaker PELOSI is on the record shortly of fiscal irresponsibility. We have the budget in 5 years without raising taxes. after the election saying, quote, Demo- golden oldie here. The rain forest in Now, that is true fiscal responsibility. crats believe we must return to ac- Iowa has made another appearance I would hope that all Members of this countability by restoring fiscal dis- here. Now somebody earlier today said, Congress could sign up for that pro- cipline and eliminating, eliminating, well, that is a Republican earmark. gram. deficit spending. Now this is the Demo- Well, at least they acknowledge that Now, Democrats will tell us that all crat leader, the Speaker of the House, earmarks were in the bill. the tax relief that was passed on our telling the American people that this Last I looked, the Democrats have a watch is the source of every fiscal was their intention. So now we spend majority in the House; they have a ma- problem known to mankind. Well, as a $463 billion in 1 hour. jority in the Senate. Obviously, it member of the Budget Committee, we Mr. Speaker, families all across would not be in the bill unless Demo- have now received testimony from the America will spend more time delib- crats wanted it in the bill. head of the GAO, the Government Ac- erating on the purchase of a washer We also had this institution pass a countability Office, we have received and dryer than this institution did in continuing resolution instead of this testimony from the head of the Con- spending $463 billion of their money, omnibus. Also, we would have saved gressional Budget Office. It is not what their hard-earned money. It is some- $6.2 billion of American families’ we hear from them. what mind-boggling to spend that money. That is what would have hap- b 1745 much money with such little account- pened had the Democrat majority done ability. what they told the American people What we hear, Mr. Speaker, is that Now, let’s talk about the Speaker they were going to do. That is $6.2 bil- until we do something to help reform telling the American people that she lion that could have been applied to, entitlement spending and Medicare and and the Democrats were going to elimi- again, quote, unquote, eliminating def- Medicaid and Social Security and work nate deficit spending. icit spending. on a bipartisan basis to get better re- Well, as this bill passed earlier today, tirement security, better health care if the Senate takes it up, all of a sud- So they had an opportunity to put their actions where their words were, at a lower cost, that is the fiscal chal- den every American’s share of the pub- lenge to America. lic debt has gone from $28,860 to $30,399. and they didn’t do it. They had extra money, and they spent it. And, by the way, there is an incon- Now, I didn’t major in math at Texas venient fact for our Democrat col- A&M University, but I can figure out, Again, as the gentleman from Cali- fornia illuminated, they didn’t spend it leagues, and that inconvenient fact is if you are trying to eliminate deficit we have cut marginal rates. We have spending, you are headed in the wrong very well. They certainly didn’t con- sider the quality of life for the war cut capital gains. And guess what? We direction, which makes me kind of have more tax revenue than we have question why you passed this bill in fighter when they were putting to- had in the entire history of America. If the first place. gether this omnibus. you allow the American people to keep Now, the American people were led to Also, we were told there would not be believe that this body was going to any gimmicks. We would have account- more of what they earn, they will save pass something called a continuing res- ability. Well, we look in here and there it. They will invest it. They will go out olution. Now, I understand that is kind is gimmicks. There is $3.5 billion here. and expand businesses. They will cre- of inside baseball, but what it says is, Now, this is inside baseball, I admit it, ate small businesses. They will put out you know, we are going to continue but I have served on the Budget Com- a new barbecue stand. They will do a government at the same funding level. mittee for 4 years, and I am starting to new transmission repair shop. And now There are families all across America recognize these gimmicks. we have created over 7 million new jobs who face hardships who have to actu- But they put $3.5 billion here by re- with a future. ally get by on less. A continuing reso- scinding contract authority for high- Now, I know maybe their goal for lution actually says, we are going to, way programs without decreasing what America is 7 million new welfare frankly, grow government under the we call obligation limitations. Then, checks. But the Republican goal for baseline, what we did last year. again, I know that is inside baseball. America was 7 million new paychecks. Had this institution done it, which is But let me tell you, what happens is And under our watch, that is what we what they led the American people to there is no savings. They are claiming achieved. Seven million new paychecks believe, we would have had a con- savings where there are none. and the greatest amount of tax revenue tinuing resolution which, by the way, They also make a one-time change, a that we have had in the history of fits on a single piece of paper. Instead, one-year change in what we call enti- America. We are awash in tax revenue. we had a 150 page, I believe it was 150 tlement spending. Again, it is a trick. That is why the deficit is coming down. pages, of what we call an omnibus, ev- It is smoke and mirrors. It will not be Now, I am not here to tell you that erything thrown into a massive spend- there. every time you design tax relief that it ing bill. Where is the accountability? I am creates more tax revenue, but if you do Mr. Speaker, the Democrats told us, looking for it. Clearly, we need that it right, particularly if you put it on they led us to believe we were going to magnifying glass of The Official Truth the side of helping working families have this continuing resolution. We Squad, because nobody can find the and helping entrepreneurs to save and end up with this omnibus. They tell us vaunted Democrat accountability that invest, it will more than pay for itself, we are going to eliminate deficit spend- we were told would be here. and that is what has been done here. ing. Instead, they increased deficit There is a better way. We can have But now, Mr. Speaker, the Democrats spending. They tell us they are going true fiscal accountability. want to take that tax relief away. to have accountability; and, instead, Another gentleman, a colleague of They say it is bad. They want to take we spend 1 hour, 1 hour debating the mine from California (Mr. CAMPBELL), the 7 million jobs away. And what is expenditure of $463 billion. offered an amendment that would have really humorous is that they want to

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.123 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1135 take really the tax revenue away that tion with him with much better recep- What would that do to us? What would this explosion of economic activity has tion than I usually get on a local call that do to our allies, and who would created in the first place. from my cell phone. So it was abso- ever believe us again? So, Mr. Speaker, there are many lutely remarkable, and I just wanted to And if we were to make that decision ways that we can embrace true fiscal share with you a little bit of what he and to allow this enemy to win and responsibility. But to spend $463 billion said. pull our troops out of Iraq before the of the people’s money with no hearing, First of all, he is a contracting offi- Iraqis are ready to govern and secure with almost no debate, in 1 hour, to set cer working with our reconstruction themselves, the real question is how the land speed record for spending teams. I asked him, because we often will we manage the cost of this defeat? money in the shortest period of time, hear that we are not employing Iraqis, How will we manage the murder of all today the Democrats get the gold that these are all major companies those Iraqis who have joined in the medal, the gold medal, in that Olympic that are doing this work. He was quite freedom of Iraq, the person who was competition. Never has more money surprised that I asked that question. working for my constituent right now, been spent in less time than today. So He said that we have an ‘‘Iraqi First’’ those who have served in government, how they expect to live up to Speaker program, and all jobs are offered first in the police, in the Iraqi security PELOSI’s goal of eliminating deficit to Iraqi companies and to Iraqis, and if forces? spending, restoring fiscal discipline, they can’t perform that job, then other Thank you for yielding. I know you and return to accountability, I suggest companies from other countries are have a lot to talk about, and I appre- they enter a different Olympics and try brought in. They are completely ciate the work that you are doing on to spend less money with more ac- screened. He even has an Iraqi who the floor. countability, and that is something works with him on staff. Mr. PRICE of Georgia. Thank you that the American people could truly I asked if he had a message for us to- ever so much, Congresswoman DRAKE. respect. night. And the answer was that he We appreciate your heartfelt words and Mr. PRICE of Georgia. I appreciate asked us not to forget them. the message from your constituent and the gentleman from Texas so much for I think that brings up the issue you that perspective on what truly is a por- his wonderful cogent comments. And just mentioned, Mr. PRICE, that what tion of this global war on terror. The talking about the individuals on the just happened today on the House incredible importance of making cer- other side of the aisle, who have indeed floor. And what we know and the De- tain that we as a Congress and we as a said one thing and then come here and partment of Defense is now putting out people support our men and women at done another, one would think that information that there was a $3 billion every turn. So I thank you very, very they are beginning to foster a culture reduction in the funds that have been much. of hypocrisy. That kind of has a little appropriated in the bills that both of And that highlights what happened ring to it that rings true on the other these bodies had passed for 2007. Not today on this floor about the appro- side of the aisle. for those but for the military construc- priations bill, the omnibus bill, that I do want to thank you as well for tion, the bills that the House had the other side of the aisle, the Demo- your comments about tax revenue. passed and had not been passed by the crat majority, passed. And, in fact, Sometimes a picture tells a better Senate. what they have done is made it more story than words, although your words So we heard on the floor here today difficult for our military to function. were cogent and so appropriate. that that was not a reduction. It was We have heard a letter from a lieuten- But this graph helps me understand actually an increase. That is not the ant general in the Army about that. the benefits of tax decreases, Mr. way that this is being viewed, and it is We heard from our own administration Speaker. When you decrease taxes, not the impact that it would have on about that, about how it makes it more which is what we did here in Congress people who are serving today. difficult. And we heard from our good in 2001 and 2003, this line here is rev- But Mr. PRICE and Mr. Speaker, I friend from Texas about the Olympics enue to the Federal Government and would say to you that there is no one award that the Democrats won today what happened was that the revenue in America, no one in Congress that by spending more money in 1 hour than was going down, but we decreased taxes wants America to be at war. There is any Congress in the history of the Na- appropriately, as the gentleman from no President that wants to be a war tion. And, again, it would be humorous Texas said, and what happens is that President. And I have said to people if if it weren’t so serious, Mr. Speaker. It the revenue goes up. The Federal Gov- I believed this war we are engaged in would be humorous if it weren’t so seri- ernment, in fact, gets more revenue be- was about democracy in Iraq or about ous. cause there is more economic activity, a people who have fought each other And I am so pleased to be joined by a more economic vitality. for centuries, I would oppose this war, good friend from Florida, Congressman We have touched on so many things too. MICA, who has some interesting per- tonight. My good friend from Virginia But it is a war about our civilization spective on what went on here today on has joined us. We are running a little with an enemy who has vowed to kill the floor of the House. short on time, but I do want to make us and to end our way of life, an enemy I appreciate your coming and bring- certain that you get an opportunity to who has attacked us and who works ing some accountability to what oc- join us for the Official Truth Squad and and plots constantly to attack us curred today. make some comments possibly about again. I truly believe if Americans just Mr. MICA. Thank you, Mr. PRICE, for BRAC. had the facts that they would make the yielding to me. Also, I want to thank My good friend from Virginia, THEL- right decision. you for the nights that you have spent MA DRAKE, is just so wonderfully active My constituent said it very clearly. on the floor during this session of Con- here in Congress and so cogent and ap- He said we cannot let this enemy win. gress, the 110th, trying to bring the propriate on issues of the military, rep- And every Iraqi that I have ever talked truth and also facts to the American resenting the military installations in with, this is something America never people that are so important. southeast Virginia. hears and I think if they did hear it, it You said that I would talk tonight a So I welcome you and look forward would make a difference, but from little bit about my perspective, and I to your comments. President Talabani on down, whether have an interesting family history. I Mrs. DRAKE. Mr. Speaker, I would they are Iraqis I have met when I have have a brother who served as a Demo- like to thank the gentleman for recog- been on trips there or Iraqis here, they cratic Member of Congress from 1978 to nizing me tonight, and I would like to all say, ‘‘we are grateful to America for 1988 here in the House of Representa- apologize for being late for your hour. our freedom.’’ And we, as Americans, tives, Dan Mica; another brother, a But as I was coming over here today, I never get to hear that. Democrat, who served as an aid to was connected by my office to a con- The real question is what are our op- Laughton Childs and to former Con- stituent who is serving in Iraq right tions? To let this enemy win and to say gressman Brademas. We are the first now. I stood out in that hallway just that they defeated the Russians in Af- two Members and brothers to be from beyond those doors and had a conversa- ghanistan and the Americans in Iraq? different political parties since 1889.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.124 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1136 CONGRESSIONAL RECORD — HOUSE January 31, 2007 Almost everybody else is from the not Bolivia. This is not Venezuela. This where the problem is is process. I same party. is not Cuba, where someone takes talked about that at the beginning of I say that because I truly am from a power and tramples on the rights of the this hour, Mr. Speaker, and I mention bipartisan family. When I came here minority. This is the United States of that the reason that process is so im- some 14 years ago, we were in the mi- America, and every representative portant is because that is what enables nority, Mr. Speaker. And I served 2 should have the opportunity to partici- the minority to have participation. But years in the minority, and I want to pate in that democratic process. Again, not just the minority. It enables every tell you that I was treated very fairly I am just offended. single Member of this House of Rep- by some of the Members of the major- And then the final offense today, the resentatives. ity. I will even cite Mr. ED TOWNS of 31st, to pass the largest spending meas- Mr. Speaker, as you well know, every New York, who took me in as a fresh- ure in the history of Congress in one single Member represents approxi- man new Member, gave me every op- sole bill without consultation, without mately the same number of people. We portunity to participate, recognized participation, without the democratic go to great pains to make certain that me. I was a full participant as a minor- process is the ultimate insult to the districts are basically of equal size ity Member. citizens of the United States, who ex- every 10 years through the census proc- There were others who I will not pect a representative form of govern- ess and through redistricting; and we name who did not allow me not to ment, and to the Congress, to the do that because each individual in this speak, who actually told me to be rights of the minority. body, each Member of this body, rep- quiet, and who actually adjourned b 1800 resents basically the same number of meetings, so I didn’t have the oppor- people and therefore should have essen- tunity to speak or participate. So I saw This was a $463 billion earmark. And tially the same say in the process and how bipartisanship and I saw how dic- we just got through an election in in the deliberation. tatorial rule works. And for some 12 which the Republicans were chided for Some folks have called this month years, the good Lord gave me the op- passing earmarks in the stealth of the the death of deliberation, and that portunity to be chairman of three sub- night, for which the Democrats also truly has been. That is disappointing. committees over 12 years. So I always were offenders. We paid a penalty. We That is very saddening for all of us employed the golden rule, the ED lost the majority. whose constituents, whose American TOWNS rule, of treating everybody fair- But you do not pass a bill of that size citizen constituents who go to the polls ly. without the ability of even to partici- and vote, do indeed express their will I say that in context because today is pate in this bill, this $463 billion ear- to us. January 31 and this month, the begin- mark, the most costly in the history. If we are unable to express their will ning of this Congress, is one of the sad- Now they think they pulled one over through this process here, then they dest hours in the history of the Con- on everybody. But I guarantee you. I are muted, they are silenced, they are gress of the United States, at least guarantee in that bill, since no one had disenfranchised; and that, Mr. Speaker, that I am familiar with or that I have a chance to see it or participate in it, I would suggest is an unfair process, is read about. they will find day after day embar- a wrong process and is an undemo- Now, we started here with the swear- rassing provisions that we did not have cratic process. It doesn’t have to be ing in of NANCY PELOSI. I am an Italian an opportunity to take out, to adjust, that way. American. I was proud of NANCY to correct. So I encourage my good friends on PELOSI’s being the first Italian Amer- So they will pay the price. When you the other side of the aisle, and I know ican and woman to take that position, do things in the stealth of the night, some of them are feeling pained by and I think we were all very pleased for when you illegitimately conduct the some of the decisions that their leader- her on both sides of the aisle and con- process of Government, you will pay ship has made over this past month, gratulated her. the penalty. We paid the penalty. They and I encourage them to continue to But then began, unfortunately, the will pay the penalty. Marital law is not work for a process that will allow for saddest chapter in the history of Con- the way this Congress was intended to the inclusion of all. gress with the passage of six major run. Because, as I mentioned earlier, Mr. pieces of legislation without the Con- This should be, in fact, bipartisan. Speaker, we do not have Republican gress even being organized, without the Bipartisan means two working to- challenges or Democrat challenges, we committees being organized, without gether. I am committed to that. I will have American challenges. The Amer- one of those pieces of legislation going continue to be committed to working ican people send us here to take care of through the committee process. that way. I come from, as I said, a bi- those challenges and put forward the What an incredible insult to the peo- partisan family; and we have got to best solutions, and the best solutions ple of America who just finished an work together. come when all of us are involved in election. They elected us as representa- So I hope today, January 31, 2007, a that process. tives, 435. We, in turn, elected a new very sad day, ending of a sad chapter in I look forward to working with my Speaker of the House, and the entire the history, mark my words. This will colleagues on both sides of the aisle in democratic process was obliterated. It go down in the history of this Congress a very positive way as we move forward has been the saddest month in the his- as one of the darkest hours ever. and do what is best and what is right tory of the United States Congress. Six I thank you. on behalf of the American people. major measures. Mr. PRICE of Georgia. Mr. Speaker, I I want to thank my leadership once And the irony, I sat here in the week thank the gentleman from Florida. I again for the opportunity to spend this of celebrating and honoring Martin Lu- appreciate so much his emotion and his hour on the floor of the House, Mr. ther King, one of the great civil rights passion and his perspective. Speaker. leaders of our time, whose sole goal As you are living through these f was to give rights to the minority that times, it is oftentimes difficult to get they had been denied. And the new ma- people to pay attention to what truly 30-SOMETHING WORKING GROUP jority completely obliterated in that are historic occurrences, and I share The SPEAKER pro tempore (Mr. week the rights of the minority. It was with you that disappointment and sad- HARE). Under the Speaker’s announced one of the saddest chapters I have seen. ness. I truly do. policy of January 18, 2007, the gen- So all of their measures, all of them, Having served in a legislative body at tleman from Ohio (Mr. RYAN) is recog- are just floating out there. The other the State level and seeing how biparti- nized for 60 minutes as the designee of body hasn’t taken them up. They were sanship can work and seeing how de- the majority leader. passed while trampling on the rights of mocracy truly is supposed to work, Mr. RYAN of Ohio. Thank you, Mr. the minority. this has been a disappointing month. It Speaker. I appreciate the opportunity There are men and women fighting has been a disappointing month, be- to be here once again to continue the today, tonight, tomorrow for those cause most of what you can talk about discussion of the 30-something Working rights to protect the minority. This is in terms of getting your arms around Group. We want to thank Speaker

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.125 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1137 PELOSI for the honor to be on the ents. We repealed the corporate welfare January, 2003, the Bush administra- House floor. to the energy companies that that ma- tion cut veterans’ health care for We actually had one of our newer jority, Republican majority put in 164,000 veterans; and that is just the Members, Mr. Speaker, make page 3. place; and we are taking that money start. He is still a freshman, but he made sig- and investing it into alternative en- March, 2003, 2 months later, the Re- nificant advances. This is Jason ergy sources. We are doing things posi- publican budget that passed this Con- Altmire, Mr. Speaker, from western tive for the American people. gress cut $14 billion from veterans’ Pennsylvania. His district abuts mine. And we are going to inherit this health care. His picture, name, pressing our leader- budget, which we already have, that March, 2004, 1 year later, the Repub- ship to make sure that we increase has borrowed more money from China, lican budget shortchanged veterans’ funding in the CR for veterans, to borrowed more money from Japan, bor- health care by an additional $11⁄2 bil- make sure that we did not accept any rowed money from OPEC countries, in- lion. pay raise until the American people get capable of executing FEMA to address March, 2005, the following year, their pay raise through the minimum natural disasters and emergency situa- President Bush’s budget shortchanged wage. So we already have young lead- tions in the United States. We know veterans’ health care by another $2 bil- ers stepping up to bat contributing in how to run Government. lion and cut veterans’ benefits by $14 their first term here. When the Democrats passed the billion over 5 years. That is what we I have got to say, Mr. Speaker, it has budget in 1993 with the Democratic were left with. just been I actually think in many President, created 20 million new jobs, Now, in the summer of 2005, after ways pathetic to listen to the debate we had surpluses as far as the eye can they had been warned when they here today over the continuing resolu- see. So we are cleaning up a mess here passed that budget back in 2004 and tion. We all know the political situa- that we have inherited, and we are after enormous pressure from the tion over the past, you know, 14 years, going to move forward and continue Democrats and from people around this Republican control in the Congress, with our agenda, and we are proud. country and especially from veterans’ and their inability in the last several We are going to move forward, and organizations, the Bush administration years to govern at all. And they have we have an agenda. We have moved on finally did acknowledge that they locked out the Democrats for years and it. We promised it. We acted on it. And shortchanged the veterans; and they years and years. we are going to continue to move on it. added back $2.7 billion after months of Votes in the wee hours of the morn- I will yield to our young, new rising Democratic pressure to put that money ing on the prescription drug benefit, on star from western Pennsylvania, Mr. back in. the energy bill, on budgets, which raid- ALTMIRE. But then only a few months later, in ed student aid money for students all Mr. ALTMIRE. Mr. Speaker, I did March, 2006, President Bush’s budget across our country; and then, on top of want to talk for just a moment about cut veterans’ funding by an additional all of that, they leave the new Demo- how important it is that veterans were $6 billion over 5 years. Mr. Speaker, that is the mess that we cratic majority an absolute budget ca- taken care of in this continuing resolu- were left with, this continuing resolu- tastrophe for us to deal with. tion. Over the course of those 14 years, the I do want to commend Speaker tion, and that was what needed to be resolved. And I said throughout my Republican Congress and the Repub- PELOSI, Chairman OBEY, and the rest of lican President borrowed more money, the Democratic leadership who did a campaign and I say every weekend more money from foreign interests great job of putting together what was when I go back and speak to these vet- than all of the previous Presidents a mess that was left to us. erans’ groups that we are, as a Con- combined. So now we are going to get As Mr. RYAN talked about, we had gress, going to make a new commit- lectures from the Republican majority nine out of eleven appropriations bills ment to our veterans, a commitment on how to run the budget process. Now to fund this Government that were left that has not been there for the past 12 we are going to get lectures from the in our lap, and we had to deal with years; and we are going to put vet- most incompetent, ineffective Congress that, and we had some tough decisions erans’ interests first when it comes in the history of this institution, Mr. to make. But under the leadership of time to deal with these funding resolu- Speaker, the history of this institu- Speaker PELOSI and Chairman OBEY we tions. So what did we do? In this continuing tion. did what needed to be done. resolution that passed this House This party will not be lectured about I made clear to the leadership, and today, the Democrats increased the VA veterans’ benefits, we will not be lec- they agreed, that we needed to make health care budget by $3.6 billion. Now tured to by the Republican minority sure that nobody should stand in front that is in an atmosphere of having left about how to balance a budget, and we of our veterans when it comes time to nine spending bills completely undone, will not be lectured to about invest- pass funding resolutions. We have peo- and the Republican leadership made no ments in this country. ple fighting for us in the field overseas You look at this CR and you look right now. We have veterans coming effort to increase that funding. But we what we put in. We are not going to be back from Iraq and, of course, veterans found the will, as Democrats, and we lectured to by anybody. We made of every age. added $3.6 billion to the veterans’ budg- promises and accomplished more in the That need does not go away. That et. That is leadership; and for that I last few hundred hours of this Congress need does not stop. As the Congres- commend Speaker PELOSI, Chairman than that Republican majority has in sional Budget Office has indicated, the OBEY and the rest of the Democratic the last 14 years. We implemented cost of caring for those veterans goes leaders who were involved in putting PAYGO so we will balance the budget. up year after year; and we have an obli- that together. That is what we have We made some difficult decisions gation and a duty as Members of Con- done here today. with the CR so we can move forward, gress to make sure that the VA health So, at this point, I am going to yield and we are not going to be lectured to. care budget goes up enough to main- to the gentleman from Ohio so he can Because we have made promises, and tain the current level of services for continue to run the show. we have delivered. every veteran that walks through the Mr. RYAN of Ohio. I appreciate that. Now just look at the first hundred door. I want to commend Chairman Mr. Speaker, I am going to yield the hours, Mr. Speaker, just the first hun- OBEY for taking care of that under this remainder of the hour to Ms. dred hours. We cut student loan inter- continuing resolution. WASSERMAN SCHULTZ. I need to step est rates in half. Once fully imple- I also wanted to just take a walk out. I will be back, but I would like to mented, it will save the average person down memory lane and let’s take a yield the rest of the hour to Ms. taking out a loan almost $5,000. look at what the Republican leadership WASSERMAN SCHULTZ. We raised the minimum wage. We al- did for veterans’ health care over the lowed the Secretary of Health and past several years. b 1815 Human Services to negotiate drug I have a chart here. It might be dif- The SPEAKER pro tempore (Mr. prices on behalf of the Medicare recipi- ficult for some to read. HARE). Under the Speaker’s announced

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.127 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1138 CONGRESSIONAL RECORD — HOUSE January 31, 2007 policy of January 18, 2007, the gentle- right up in front of an election, where benefits at the top of that list, Mr. woman from Florida (Ms. WASSERMAN they were struggling as it was, they ALTMIRE, that are funded here. SCHULTZ) is recognized for the balance didn’t want to make those difficult de- What else are we talking about? We of the majority leader’s hour. cisions. And we have a lot of our Mem- are talking about Pell grants. Even Ms. WASSERMAN SCHULTZ. Mr. bers, some in tough districts that are after coming before this body and, with ALTMIRE, I want to tell a little story going to have to go home and have to remarkable bipartisan support, de- because I am really pleased that you answer some difficult questions, be- creasing the rate of student loans for raised this issue, and that you have cause obviously, you know, we didn’t millions of students across this coun- been the champion of ensuring that we like everything that we had to do. But try, we came back in this budget, we don’t, as we move through what is an if we didn’t go forward and try to get increased the maximum Pell grant by unfortunate but necessary situation to the 2008 budgetary process and make $260, to over $4,000, $4,300 for the aver- with this continuing resolution, I want sure we could do right by the people in age student. to tell anyone listening a little story this country, then we would have been We put in new money or in schools about an exchange that you and I had in an even worse mess. that are failing to meet the Head Start the other day on the House floor. So kudos to you for standing up for standards. Mr. ALTMIRE, you know that I have the privilege of serving as a veterans and for adding another voice both of us heard so much about that Chief Deputy Whip for the House on their behalf where there wasn’t one from our school districts over the Democratic Caucus, and you are one of before. course of the campaign and over the my assignments. We divide the House And if the gentleman from Con- course of the last month. Now, 6,700 Democratic Caucus members up into necticut (Mr. MURPHY) wanted to jump schools across this country that are groups, and you are included among in I would be happy to yield to him. failing to meet those No Child Left Be- the Members that I am typically en- Mr. MURPHY of Connecticut. Well, I hind standards are going to get new gaged in lobbying. And when I ap- thank the gentlewoman from Florida funding from this government in order proached you about whether you were (Ms. WASSERMAN SCHULTZ) for yielding. to keep on operating. going to be supportive of the con- One of the things I realized when I We increased community health cen- tinuing resolution that we voted on came down here in January was that ter funding by $207 million. Community today, your immediate response, which you get a lot of analogies, and some of health centers in this very broken was the right one, was, well, not if we them work, some of them don’t. But health care system are sometimes the are cutting money for veterans. And I listening to our colleagues criticize the place of last resort, often the place of was really proud that you did that and budget, the continuing resolution we only resort for so many uninsured fam- that you were absolutely not going to just passed here, you kind of think of ilies. We are now going to make sure move forward on your support for the the old ‘‘bull in the china shop’’ anal- that they get the funding that they de- continuing resolution unless you were ogy. serve. able to get the information that you This is kind of like the bull walking So in so many ways we started to needed to ensure that, in fact, not only into the china shop spending a good clean up the mess that that bull made were we not cutting funding for vet- half an hour breaking everything in for the last 12 years. We are starting to erans but, we in fact, increased funding the china shop; the owner finally hav- put the china back together. We are for veterans. And so the notation in ing the good sense to kick him out, and starting to buy a little bit of new stuff your hometown paper was apt and ap- then him showing up about 2 days later to put on the shelves. And it is going to propriate, and I commend you for your and asking why everything hasn’t been take a little while. It is going to take advocacy because that is what this is fixed yet. I mean, that is essentially, a little while. all about. what has happened here is that there But it is important to remember that The new direction that the American has been so much damage, Mr. Speak- the work we did here today, I think, is people demanded, that they chose on er, done to this budget by virtue of just a beginning on that front, Mr. November 7 included selecting people nine of the 11, nine of the 11 appropria- ALTMIRE. And I join Ms. WASSERMAN like you to send to Washington to tions bills not being completed by the SCHULTZ and Mr. RYAN in commending make sure that when there was no one end of business. you for standing up for the veterans in standing up, we certainly were all And an important thing to note is your district, because when you speak standing up united as a minority; but that, you know, Congress was back for those veterans, it is not just in your that there were not enough people in here in the holiday season in November district, it is for all the veterans in my this body standing up for veterans. On and December trying to finish those district and, as an extension, it is for the contrary, as you just outlined budget bills. And I am just learning, all the future veterans, because as you through the charts in a chronological Ms. WASSERMAN SCHULTZ, about the know, we are so lucky to have an all way, the Republicans and the Repub- budget process, but from what I know, volunteer military. lican administration were doing the op- November, December is pretty late to But if they think that by going into posite, were actually making it more be even working on those budget bills. the service they will return home and difficult for veterans to get the serv- Those budget bills were supposed to be find a country and a Nation that does ices that they need and that they were done over the summer and fall. And so not honor their service, well, then we entitled to and that they deserved even giving themselves an extra 4 or 5 are going to have a lot harder time through their patriotism and devotion months to complete those bills, they than we are already having finding peo- to this country. So I commend you on still weren’t done on time. ple to fight the future battles and wars that. And so when the Democrats finally that this country may engage in. We were in a situation in adopting were put back in charge of this place I would yield. I see Mr. MEEK has the continuing resolution today that by virtue of the millions of Americans joined us. But I would yield to Mr. was the result of the mess, as you said, who stood up across this country to ALTMIRE and thank him again for his that the Republicans handed us. I start putting common sense middle advocacy over the past several weeks. mean, how irresponsible to just not class values first, the people who put Mr. ALTMIRE. And I did want to fol- complete nine of the 11 appropriations Mr. ALTMIRE and myself here in Con- low up on what the gentlelady from bills. I sit on the House Appropriations gress, when they finally, we finally Florida had talked about earlier, what Committee now. I am just at the begin- sort of reentered the china shop and re- was left to us, and the reason that it ning of that process, but it is mind bog- alized that everything had been bro- was left to us. This was a politically, gling to me, how, really, I mean, the ken, we realized it was going to take a cowardly maneuver, calculated to gam- Constitution says the only thing we little while to clean everything up. And ble on the outcome of the elections. have to do, the only thing Congress has what we did today, this continuing res- They left nine spending bills unfin- to do is pass the budget. And they olution which keeps this government ished, hoping that they would then win didn’t do it. They didn’t do it because running for the next several months, is and come back for a lame duck session it is hard. It is difficult. You have to an important first step because there where they could ram through further make tough decisions. And you know, are some critical programs, veterans spending increases and increase the

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.129 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1139 Federal budget deficit even more, as our discussion on the floor the other I served in the State Legislature for 12 they have done every year for the past day, you pointed out that unless there years. Mr. MEEK, I think, served in the 6 years. Instead, the results of the elec- were increases, essentially, because of State Legislature for 10, between the tion were not to their liking. inflation, because of the adjustments House and the Senate. It is so easy, I The Democrats are retaking control in cost of living that are necessary, and mean, we are obviously even further of Congress at that point, and they because there are simply more people, away from our homes, I certainly am. made a calculated decision. Instead of more service men and women who are But you are pretty far from your finishing the work that their constitu- in need, we would not have had the homes, too, making decisions in Wash- ents sent them here to do, they, in- money we needed to meet the needs of ington. And it could be argued that it stead, dropped the ball and left all nine veterans. would be so easy to make decisions in spending bills until the new year and But beyond that, let me just talk a vacuum here. The people we affect, the new Congress, and countless pro- about what, because our good friends whose decisions that we make, who we grams languishing, twisting in the on the other side of the aisle are, of affect, they can’t come in this Cham- wind while the new change in Congress course, being critical that we didn’t ber. They are not in the room with us. came. just pass a straight continuing resolu- The folks in the gallery are that are And again, under the leadership of tion. Let’s talk about what that would watching, but it would be so easy to the new Democrats who have taken have done. Essentially, that would just forget that every decision, every control of Congress, we were able to have jeopardized our national security. vote, every time we put our card in pass, within a month, nine appropria- If we did that, if we simply passed the that slot and our name lights up on the tion bills that they couldn’t pass over same level budget that we adopted in board ‘‘yea’’ or ‘‘nay,’’ the decision we the course of an entire year. 2006, that would have resulted in thou- make affects a human being. So I can’t say enough about the work sands of layoffs, cuts for health care b 1830 that this House has done and that this workers, cuts for members of the Congress has done in putting together Armed Forces, cuts for veterans. But you become desensitized to it. a package that was very, very difficult For example, the Food Safety and In- There is a danger that you could be- to do, and it is just a great accomplish- spection Service would face a month of come desensitized to it. Certainly the ment. furloughs. Can you imagine a month of Republican side of the aisle became de- Mr. MEEK has joined us. I would ask, furloughs in the Food Safety and In- sensitized to it. For years and years, does the gentleman wish to comment spection Service? That means that we they didn’t think about the results, on this? could end up with rotting meat in su- they didn’t think about the con- Mr. MEEK of Florida. I am listening. permarkets and people potentially buy- sequences. Well, that is the balance the Ms. WASSERMAN SCHULTZ. Mr. ing them. Or let’s not use language Democrats strike. Pragmatism with a ALTMIRE, let me just jump in while the that is too strong. Questionable meat. healthy dose of thoughtfulness and gentleman from Florida is listening, I mean, if we don’t make sure that we compassion. That is what it is all because one of the things I think it is have our food inspected, then we are about. important to point out is when we talk going to jeopardize people’s health. Mr. MURPHY of Connecticut. Would in the language of government, it is That would have also resulted in the the gentlewoman yield for a moment? difficult for regular folks to understand closure of 6,000 meat processing plants And I think she is exactly right, and I what we are saying. So we are talking that could not have been inspected. think that that disconnect that you about the CR, the continuing resolu- The Federal Judiciary would have talk about, that certainly was in exist- tion, the terminology that we deal had to fire 2,500 workers. The Small ence here for a very long time was one with on a daily basis. But that is not Business Administration, and Mr. of the reasons why we now have a what sort of every day folks under- MEEK, this is incredibly important to Democratic majority. The people last stand. our area because how often we face summer were fueling up their cars at And the continuing resolution, it is natural disasters through hurricanes. $3.50 a gallons. We are finding that all important to point out, is the budget, But the Small Business Administra- of a sudden, they were having to pay the Federal budget that keeps the tion’s disaster loan assistance pro- $50 co-pays rather than $25 co-pays. lights on. And people will recall a num- gram, which provides back up for And they looked at a Congress which ber of years ago when the Republican FEMA’s individual assistance program, seemed pretty incredulous to their con- Congress decided that, in retaliation that would have been run dry by the cerns, that seemed to watch without for who knows what, because they end of February. listening. And you are right, people get couldn’t get the Clinton administra- Now, given how many people are still hurt by the decisions they make down tion to agree to what they wanted, be- suffering from the aftermath of here. And I will give you an example. cause they thought that Katrina and Rita and Wilma and the In my district I have a senior housing brinksmanship was the most appro- other hurricanes and the other natural complex in Torrington, major place priate strategy, they shut the govern- disasters that have hit around this where a lot of seniors live in one of the ment down. People were furloughed. country, I just cannot imagine what biggest cities in my district, and we Government programs that were vi- the consequences would have been. Ac- have had some security problems there, tally important to different constitu- tually, I can imagine what the con- some people coming in off the streets encies around the country came to a sequences would have been for millions and had a couple violent incidents. halt. of Americans. Well, most of the facility and the staff What we have done is, and Chairman So we struck a balance here. We were there are financed through Federal OBEY has been the champion of this. being fiscally responsible, but at the grants. Well, because this Congress, What we have done is, not only have we same time, not hanging Americans out over the last 12 years, slashed Federal made sure that that doesn’t happen, to dry without regard for their well- housing funds to the bone, they have because brinksmanship and engaging in being. And that is what the Democratic had to make major layoffs at that irresponsible actions like that make no Caucus’s approach always is. You have housing complex. sense, we have made some difficult de- to think about the fact that all of the In fact, it finally came down to a cisions. But we haven’t made irrational decisions that we make here, Mr. very difficult but unfortunately nec- decisions that would be harmful to peo- ALTMIRE and Mr. MURPHY and Mr. essary decision that that housing facil- ple. MEEK, affect real people. ity made to lay off their security For example, we could have passed a I have often thought over the time I guards. That is going to put hundreds continuing resolution that simply have served in the Congress and in the of senior citizens at risk in this senior adopted the 2006 spending levels, the State Legislature in Florida, in Flor- housing complex. And they come to same spending levels that we had in ida, and I am not sure how far your their local elected officials, their 2006 and just moved forward. But that State capital is in Connecticut from State-elected officials and ask, what would have resulted, as you pointed your home, Mr. MURPHY, but Tallahas- can you do to help? And everybody out for veterans, in some cuts. And in see is 450 miles from where I live. And points back to where the problem came

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.130 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1140 CONGRESSIONAL RECORD — HOUSE January 31, 2007 from. It was years of neglect down here would wonder how would the American today, have done this in a bipartisan in Washington of housing programs, people think, I mean, what would they way, crafting it so that all sides can just as there were years of neglect think, Democrat or Republican, on how support it, because we all agree that we years to health care programs, years of Democrats can be in control of the need to do things that are to the bet- neglect to defense and certain national House and then, at the same time, have terment of the American people and to security programs. this bipartisanship taking place with the benefit of the American people. And in order to reinstill that com- Democrats in control. Let me just clar- I would yield again to the gentleman mitment to the seniors of Torrington, ify what I am saying. from Florida to continue, but I did to those veterans in Pennsylvania, it is Time after time, Republicans are want to just reemphasize that point. going to take a little while. voting with Democrats on good meas- Mr. MEEK of Florida. It is no prob- But if you are back in your commu- ures. Today, this continuing resolution lem at all. Clarification is very, very nities, if you are talking to people, reg- was a good piece of legislation. It important in this process. And the Re- ular middle-class, working folks peo- wasn’t a partisan vote. It shouldn’t publican leadership seems to continue ple, you will hear those stories on how have been a partisan vote. Two hun- to have a problem with the bipartisan the votes we take here affect people dred twenty-nine Democrats voted for spirit that is in the Chamber now, be- back in Connecticut, back in Florida, the continuing resolution; 57 Repub- cause in the last Congress that wasn’t back in Pennsylvania. And for some licans voted for the continuing resolu- the case; in the Congress before that, reason, whether it was the power that tion. We should all be on the floor that wasn’t the case. There were par- went to people’s head, whether it was happy that we can come together on a tisan votes every day. I mean, it was the pomp and circumstance that sur- piece of legislation that is so impor- almost like, how can we send a bill to rounds being a Member of Congress, for tant to the country. What is the alter- the floor to make the Democrats vote some reason, over the last 12 years, and native? The government shutting against the bill versus for the bill? And in particular, I think, Mr. ALTMIRE, down? We don’t want that. one of the things that the American over the past 4, 5, or 6 years, there was I will yield to the gentleman. people want is for us to work together. a wall that was put up around Wash- Mr. ALTMIRE. I have a question. We are all Americans. We salute one ington, D.C., and folks that were con- Does the gentleman know off the top of flag. We walk into this Chamber, we all trolling the committees here and the his head, with the major legislation carry one voting card. And I think that budget here just were not listening to that we passed in the 100 hours and is important. people back in State of Connecticut, what we have done subsequent to that, But to the point, to show the dif- State of Pennsylvania, Florida, and including the continuing resolution, ference between us and others that throughout this country, because if approximately how many Republicans may come to the floor sharing this in- they did, they would know we have to we have seen cross the aisle and join us formation off the cuff, and Ms. put more money in housing. in a bipartisan manner? WASSERMAN SCHULTZ is 110 percent If they listened to those veterans Mr. MEEK of Florida. I don’t have right and accurate as it relates to the that you and I talk to every day at my notes right here. If you have it percentage, but she named off a piece people’s doors, they would know that handy, go ahead and answer the ques- of legislation that Republicans and men and women who came back from tion. Democrats voted for: 9/11 Commission Iraq, came back from Vietnam, World Ms. WASSERMAN SCHULTZ. Unless Recommendations Act, 68 Republicans War II veterans are struggling. And the gentleman from Pennsylvania voted for it, 231 Democrats voted for it, what we are now doing here in starting knows, I do know that we got an aver- which was 299 total for us to pass it. to clean up that mess is also to start age of 62 Republicans to vote with the The Fair Minimum Wage, 82 Repub- listening again. And I believe Ms. Democrats on the Six-in-’06 agenda on licans voted for it, 233 Democrats voted WASSERMAN SCHULTZ is very correct on making sure that the Federal Govern- for it, and brought the vote to 315. We that notion. ment can negotiate for lower prices for looked at the issue of the Stem Cell I yield to Mr. MEEK. the Medicare part D prescription drug Research Enhancement Act; 37 Repub- Mr. MEEK of Florida. I thank you so plan; making sure that we fully imple- licans, 216 Democrats brought that very much. You know, I don’t put a lot ment the 9/11 Commission Report; vote to 253, which was in the affirma- of value in folks coming down to the making sure that we repeal the sub- tive. The Medicare Prescription Drug floor sharing inaccurate information. sidies to the oil industry; making sure Price Negotiating Act, 24 Republicans, And it is very unfortunate, because one that we do the job that the people sent 231 Democrats, 255, to make it an af- thing that I can say here of the 30- us here to do and that they spoke so firmative vote. And the College Stu- something Working Group, we actually strongly about through their vote on dent Relief Act, 124 Republicans, 232 meet off the floor and we make sure, November 7. An average of 62 Repub- Democrats, that brought that vote to Mr. Speaker, that information that we licans voted with us on each of those 356. are sharing is factual, that it is factual items. These are major, major, major issues and that if someone wants to challenge Mr. ALTMIRE. And then today 57 that are facing the country, issues that us on that particular fact, they can go more, as the gentleman said. I didn’t have been clogged up in the Republican to the CONGRESSIONAL RECORD, they mean to put the gentleman on the spot, Congress, 109th, 108th, 107th, 105th Con- can go to the Library of Congress, what but I wanted to just reemphasize the gress. And now the American people have you. It is there. Or they can go to point that he was making that this is said they wanted to move in a new di- a piece of legislation. not a partisan majority ramming it rection and we are moving in that di- To come down and make statements down the throat of the Republicans. rection. And, unfortunately, there are that could mislead Members of Con- This is working in a bipartisan spirit, some Members of Congress on the Re- gress or could mislead the American something that has not been seen in publican side of the aisle that have a public, I think that it is very unfortu- this Congress for more than 12 years. problem with that. nate and it is something that should be And here we are, the end of our first I told you that I am all excited, and frowned upon. But I guess the only month in office, we passed another Ms. WASSERMAN SCHULTZ can tell you, good reason why I can come up with major piece of legislation joined by 57 Mr. RYAN can tell you: Lead us the op- the reason why some Members on the Members on the other side. And the portunity to lead and we will lead. minority side will come to the floor gentleman is right that this is some- Mr. RYAN how, many times: If you and make some inaccurate statements thing that we should be applauding. give us the opportunity to be in the of the essence of the continuing resolu- And this is new to Congress. This is not leadership of the House of Representa- tion today, I go back to what I have something that has happened recently. tives you will be served? West Coast. been talking about for the last 2 weeks So I would hate for people on the Mr. RYAN of Ohio. Put me in, Coach. and that is the bipartisanship that has other side during the debate to charac- Mr. MEEK of Florida. Put me in, been taking place here on this floor. terize this as a partisan bill and a par- Coach. The Heartland of America, East If I was a part of the Republican lead- tisan effort. It is not. We again, with Coast, Republican, Democrat, Inde- ership, I would be concerned, too. I an average of 62 Republicans, 57 again pendent, Green Party, thinking about

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.131 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1141 voting, now voting. You do it, we will older they will realize that they were And, guess what, they also had a sur- make it happen, and it is happening. wrong? That is what this is. plus as far as the eye could see. So So you have some that come to the Mr. MEEK of Florida. What is it? whatever idea we wanted to imple- floor and talk about, well, you know, You are saying, what is it? Just tell us. ment, we had the money to do it be- this is not happening and I voted Ms. WASSERMAN SCHULTZ. It is cause we had managers in this House of against it because I didn’t get 2 hours nerve is what it is. It is just pure un- Representatives under Democratic to speak independently on the floor adulterated nerve. The American peo- leadership to make sure that the coun- against it, and that is the reason why ple see through this. They don’t have try was in the black and in good stand- I voted against it. any substance to talk about. They can ing and did not have bad credit and did I just want to lay it out because I only whine about process. not owe foreign nations $1.05 trillion. want to make sure that the Members b 1845 Then the Republican leadership know and the American people know Mr. RYAN of Ohio. The interesting comes in here and they hand things that it is just Washington rhetoric. We part here is the CR that we passed out, special projects, bridges to no- are here making it happen. We are hap- today was to clean up their mess that where, all of these big items, and then pening. they left. They only passed one out of come to the floor and grab it. That’s I yield to my good friend. 13 appropriations bills. fine. Mr. RYAN of Ohio. I appreciate my So you can only imagine, Mr. Speak- The reason I am happy today is today good from Miami, Florida yielding to er, all of a sudden they leave all of this is the beginning of getting the Appro- me. mess for us to deal with and we try to priations Committee and this House in The funny part watching the debate deal with their mess and they want order and getting us on track under today was that the other side, because input. Well, you had your chance. You regular order. And I will guarantee as they had the opportunity for so long to had 14 years and all kinds of months sure as my name is Kendrick Meek pass so many of these pieces of legisla- last year to pass this stuff, and you that the 2008 appropriations act will tion and to get them through the Sen- didn’t do it. pass on time. There will be hearings. ate and get them signed by the Presi- I yield to the gentlewoman from We will look at every project and make dent and they didn’t take advantage of Florida. sure that everything is in order, be- it, that they have very little credi- Ms. WASSERMAN SCHULTZ. I think cause American taxpayer dollars are bility in dealing with the issue of the they should have their say. I really do. going towards those projects. fact that we are actually doing this Going forward, when we hear legisla- Very few appropriations committees stuff. tion and get into the regular order, we met. They hardly met. Why do you And so I agree with my friend Mr. have markups in committee hearings want to ask questions and have hear- MEEK; it has been exciting. This is and legislation that Members file, we ings? As I said, the Foreign Affairs great. This is good stuff. You guys are will do that. But we are still cleaning Committee only had one hearing on reading the increases and the different up their mess. Iraq. They have had five thus far in programs. And, as Mr. OBEY said, this The Six in ’06 agenda is an agenda of this Congress, and counting. is a thinking man’s document. the major issues that the American So I feel very confident about the Ms. WASSERMAN SCHULTZ. You people voted for us to come here and do fact that we are talking about our vi- know, just the way you are going back that we offered as amendments. sion and the leadership; B, we are and forth on the Republican’s response We offered the minimum wage, we of- pointing out the difference between to the process, you know, it is just fered fully implementing the 9/11 Com- some of the Members on the minority really, gosh, I can’t say what comes to mission recommendations, and through side that want to continue to carry out mind. It is galling. It really is galling all of the other procedural attempts we the old way and the Members on the that they do have nerve to talk about made within the confines of their lim- minority side that want to move in a process. iting us, we offered repealing the sub- new direction. I am glad that they are Because just in my 2 years of experi- sidies to the oil industry. there. ence, and certainly two wrongs don’t We offered legislation and amend- My last point, we have five Members make a wrong, but there is no second ments that would have the student in the majority here on a Wednesday wrong here. I mean, in my experience loan interest rate and make higher afternoon when we are going to recess in the last 2 years, and Mr. RYAN and education access more affordable. And for the week that has the will and the Mr. MEEK, you have had more experi- they said no. They said no, no, no, over desire. We have the will and desire to ence and more lengthy experience than and over and over again. continue to let the American people I and Mr. ALTMIRE and Mr. MURPHY Sorry, now it is our turn. It is time and the Members know that we want to have had, but I recall votes being held to implement the agenda that the lead and we want to lead this country open for 40 minutes to several hours to American people asked us to. It is time in a new direction and we want to work twist enough arms to get the votes. to clean up their mess. in a bipartisan way. We, of course, haven’t had to do that Mr. RYAN, going forward, I am all for We could be home. We could be some- because not only do we get all of our what Speaker PELOSI has said that we where else. My kids are back in the Members to vote for our legislation, will do, which is give them the most bi- cloakroom right now. I could be having but we get a good chunk if not, and in partisan House of Representatives that dinner with them. But this is impor- one case, a majority of theirs. history has ever seen. But the mess has tant. I want them to know, and when I remember being shut out, com- to be cleaned up before we can do that. historians look at what was happening pletely shut out on every major ques- Mr. MEEK of Florida. You and Mr. during a time when we had two wars tion over the last 2 years, no amend- RYAN are members of the powerful Ap- going on, we have a President wanting ments allowed, no commentary except propriations Committee; and, today, to escalate with troops and the Amer- in a token way. And now they are watching Mr. OBEY, the chairman, and ican people saying we don’t want it, we whining about process? seeing what he was able to do in mov- have the country in a deficit, and then You know, the small point I wanted ing this continuing resolution, which is we have Members here crying about a to make, and Mr. ALTMIRE, you are a the appropriations act which funds the project was cut out of the bill and I am dad, you have young kids; I am a mom, government, to see that happen and to upset about it. I have young kids; Mr. MEEK has young understand the history of it. Because I am glad, ladies and gentlemen, that kids, and some day Mr. MURPHY and when the Republicans took over in 1995 we are here on this floor, and I am glad Mr. RYAN, I am sure you will have or 1994, went into power in 1995, they that we are representing on behalf of young kids too. didn’t have to deal with a continuing the American people. We are not the But you know, when your kids whine resolution because Mr. OBEY and the Democratic National Committee. We at you and complain about something Appropriations Committee passed all are Members of Congress. And it should that you know is just their immatu- of their bills on time. They didn’t leave not be the Republican National Com- rity, their wishing something could be unfinished business for the Republican mittee, it should be Members of Con- the case, but when they get a little Congress. gress. That is what makes this House

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.132 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1142 CONGRESSIONAL RECORD — HOUSE January 31, 2007 work, and that is the reason why it about, where we have an average of 62 meals that had been so pervasive in worked today on the continuing resolu- Republicans supporting the Six in ’06 Congress over the past several years. tion. agenda and 57 supporting the con- More importantly to what we are I am very happy that we did pass this tinuing resolutions appropriations bill talking about tonight, we reinstituted continuing resolution. I am so glad today, the last 2 years, our experience, the PAYGO budget scoring system. that 57 Republicans joined Democrats Mr. RYAN’s, Mr. MEEK’s and my experi- And for those Members who talk to in passing this continuing resolution, ence, is watching the Republican lead- their constituents at home, it is what because it is showing that we are actu- ership wrench our colleagues’s arms be- they do in their home kitchens at the ally moving in a new direction, not hind their back; and, in many cases, end of month. It is what we do when we just Democrats are moving in a new di- new Members replaced those Members. have to balance our own budgets. You rection, but the U.S. House of Rep- Those Members caved. Those Members have to have money on one side of the resentatives is. either didn’t vote their conscience. ledger to pay for what goes out on the Mr. MURPHY of Connecticut. Mr. We used to talk about, in the 30- other side. It is a very simple concept. Speaker, let me thank you, Mr. MEEK, something hour, about how it seemed Unfortunately, this Congress right on behalf of my constituents and the they checked their consciences and after this President took office decided people throughout this country for the their beliefs and their constituents’ be- to let that expire. That was required in vigilance that you and Ms. WASSERMAN liefs at the door. They would come here Congresses past. But, unfortunately, SCHULTZ and Mr. RYAN showed for the and allow themselves to be influenced this administration had other ideas; last 2 years, and in your case longer by their leadership and vote differently and so they ran up mountains of debt than that. There were a lot of things in some cases than they publicly said because they were no longer required you could be doing late at night when they would vote. to have money on the other side of the Mr. ALTMIRE and I might have caught I think that actually happened with ledger when they wanted to continue you on TV into the wee hours. But you your predecessor, Mr. MURPHY. their free-spending ways. were out here spreading the message Mr. MURPHY of Connecticut. That’s The result was when President Bush that it was time for working class, reg- right. I think what happened here for first took office he inherited 4 consecu- ular folks throughout this country to the last 12 years, the agenda on the tive years of budget surpluses that have their day here again. There had House floor was a Republican agenda. were forecast to continue as far as the been enough time for the special inter- Republicans supported it, and they eye could see. In fact, the 10-year budg- ests and lobbyists and everyone else to twisted some Republican arms to sup- et projection was $5.3 trillion, trillion, have their day in Congress. It was time port it. with a ‘‘T,’’ in surplus over the 10-year for regular people to have their day in The agenda that is now before the period from 2001 to 2010. the people’s House. House of Representatives is a people’s Well, what has happened since then? They allowed pay-as-you-go to expire. I want to add something. We use this agenda. That is why you see Repub- They have run up the deficit, $3.5 tril- term ‘‘Republican leadership,’’ and I licans and Democrats supporting it. lion of debt over the past 6 years. The think that is important. Because one of Because the agenda doesn’t have to do President next week is going to submit the things that you have figured out with somebody on the seventh floor of to us his budget for fiscal year 2008. It over the last couple of weeks is that the Republican National Committee or is going to be his seventh consecutive there is a difference between the Re- somebody on the third floor of the out-of-balance budget. Those deficits publican leadership and a lot of the Democratic National Committee. The rest of the folks in the Republican continue as far as the eye can see. agenda has to do with the people that Party. What we did in the first week when we meet at the diner and the senior Maybe I should be careful to not give Democrats took control of Congress, too much credit to the other side. But housing center. we said, enough is enough. This must That is why I think for the next 2 it seems like on every measure the Re- stop. We instituted the PAYGO scoring years, I know for the next 2 years, we publican leadership trots out and says, system, which is what turned the are going to see Republicans and the Republicans are going to be against record deficits of the 1980s into the Democrats coming together. Because raising the minimum wage, and they record surpluses that we had in the this isn’t a party agenda anymore. This turn around to see who is following. 1990s. And, guess what, they vote for it. is a people’s agenda. That may sound Now that led us to have to make The Republican leadership says, we corny, but it is probably the best way some very difficult decisions in the are going to be against cutting the stu- to articulate what is happening here. continuing resolution that we passed dent loan interest rates. They run out As a new Member, it fills me with joy today, but we have done it. We have here and turn around to see who is fol- and pride to be part of this. done the hard work. We have talked Ms. WASSERMAN SCHULTZ. Two lowing them, and there are even more about the increases that were included things that we did not mention that of their colleagues voting with the in the bill and the funding for veterans were also part of the Six in ’06 agenda Democrats. and for Pell Grants and for the new ex- were ethics reform and the PAYGO They say, this process is broken, we panded health centers that are going to rules. Mr. ALTMIRE, I know you have are going to vote against this con- serve 1.2 million patients around the been a supporter of both of those tinuing resolution, and they turn country. around, and there are 50-some-odd of things. But I do want to make clear to every- their Members supporting it. We had a culture of corruption hang- body that this measure also includes Why? Because, on average, we had 60- ing over this institution and over this more than 60 different program cuts to some-odd votes for every piece of the Capitol, and we were able to adopt help pay for that, to help balance that 100 hours agenda from the Republican some ethics rules that make sure that situation. side and 50-plus votes for the con- we can restore the American people’s tinuing resolution. confidence in their government again. b 1900 Why do you have so many Republican That is what our freshman class on the So those 60 programs were reduced votes? Because there are Republicans, Democratic side ran on. One of the below fiscal year 2006 funding pro- just as there are Democrats, who are in issues that they ran on was making posals, and that provided the $10 billion touch with their constituents. When sure that they could inspire their con- in savings that we needed to offset they go home for weekends, they hear stituents to believe in what we are those increases that we made in vet- about the struggles that middle-class doing here again. erans health care and the other pro- families are going through to pay for Mr. ALTMIRE. You are right. Those grams that we talked about. health care and education. are the two things that we did the very Mr. RYAN of Ohio. I find it very in- Ms. WASSERMAN SCHULTZ. If the first couple of days, right after we teresting as the debate progressed gentleman would yield, I would like to swore in that new class of freshmen today to hear all the conservatives who interject on that point. and Democrats took control of Con- have been saying government’s too big Because the funny thing, ironically gress. We did away with the gifts and and then they blew the budget com- funny, about what you are talking travel and the golf outings and the pletely out of balance, borrowed money

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.133 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1143 from China and they are here com- Mr. MURPHY of Connecticut. I just reasons. There may be others, but I plaining about all this government is want to warn the gentleman from have noted for myself two reasons I bad stuff, well, you are cutting this Pennsylvania that you need to say think. One of those is the enormous re- program and that program. That is both the e-mail address and the Web spect that this country, that this gov- why I think they have lost a lot of site or you will be scolded by some of ernment, has for our civil liberties. credibility with the American people, the more veteran Members of the 30 There is no other Constitution, there is Mr. Speaker, is because there is no con- Something Group. So I want to give no other government, that has this sistency with their argument. you that piece of advice as you close. great respect for civil liberties. Mr. MEEK of Florida. Consistency. Mr. ALTMIRE. I appreciate the gen- The Constitution written in 1787 was Mr. RYAN of Ohio. No consistency. tleman from Connecticut alerting me hardly dry before our Founding Fa- What they said last year, they did not to that. thers wondered if it was clear that do this year. What they did last year, For the Members who would like to most of the rights, most of the power, they do not want us to do. There is no tell the constituents how they can should belong to the people, and so consistency to their argument at all. learn something more about the 30 they wrote what we call the Bill of Consistency is the word for today, the Something Working Group, I would en- Rights, those first 10 amendments lack thereof on the Republican side. courage them to e-mail us at which delineated very clearly that As we close, because I know we just [email protected] or most of the rights belonged to the peo- have a few minutes left, and I want to they can visit the Web site at ple. yield back to my friend from Florida, I www.speaker.gov/30something. Civil liberties are always a casualty think it is very interesting what we are Ms. WASSERMAN SCHULTZ. Mr. of war. Abraham Lincoln, my favorite seeing happening already. We talked a Speaker, the 30 Something Working President, violated our civil liberties lot in the last couple of years about Group appreciates the hour granted to in the civil war. In World War II, we in- oversight and that when the Democrats us by Speaker NANCY PELOSI. terred the Japanese Americans. I were in charge, Mr. Speaker, we were served here with Norm Mineta, former f going to provide oversight. Secretary of Transportation. Japanese Now, we start seeing things open up APPOINTMENT OF HON. STENY H. Americans. He told me, ‘‘ROSCOE, as a in Iraq, with all these contracts, from HOYER AND HON. CHRIS VAN little boy, I remember holding my par- all these big corporations who were HOLLEN TO ACT AS SPEAKER ents’ hands when they ushered us into getting all these big government con- PRO TEMPORE TO SIGN EN- that concentration camp in Idaho.’’ tracts, all of the sudden you are start- ROLLED BILLS AND JOINT RESO- Those wars were ended and we got ing to see come out of these committee LUTIONS THROUGH FEBRUARY 5, back the habeas corpus that was denied hearings exactly what has been going 2007. during the civil war, and the Japanese on. Now you are starting to see maybe The SPEAKER pro tempore (Mr. Americans were released from those in- the administration was strong arming HARE) laid before the House the fol- terment camps. some scientists to spin global climate lowing communication from the We are now engaged in a great war, a change data. You are starting to see Speaker: war like no other that we have ever this all percolate up. fought. I am concerned, Mr. Speaker, I think one of the other things we WASHINGTON, DC, January 31, 2007. that in our zeal to catch terrorists that said we are going to do is execute our I hereby appoint the Honorable STENY H. we may threaten the civil liberties constitutional obligation to provide HOYER and the Honorable CHRIS VAN HOLLEN that I think are largely responsible for oversight, and we are seeing that, and to act as Speaker pro tempore to sign en- making us this great, free Nation. we are seeing the results of that with rolled bills and joint resolutions through I think these civil liberties have es- the global warming, with the war in February 5, 2007. tablished a climate and milieu in Iraq, things happening, that didn’t hap- NANCY PELOSI, which creativity and entrepreneurship pen in Katrina, all starting to rise up. Speaker of the House of Representatives. can flourish, and I think we put at risk I want to thank the gentleman from The SPEAKER pro tempore. Without who we are in our superior position in the Pittsburgh area and the gentleman objection, the appointment is ap- the world if we put at risk these civil from Connecticut, my two favorite peo- proved. liberties. We need to be very careful, ple from Florida. I want to thank you There was no objection. and actions like the PATRIOT Act, and I yield to Ms. WASSERMAN SCHULTZ f warrantless wiretaps, detention with- for her closing remarks. CIVIL LIBERTIES out either charging or giving counsel Ms. WASSERMAN SCHULTZ. I think to the accused, we must be very care- your comments are a good segue to The SPEAKER pro tempore. Under ful, Mr. Speaker, that we do not put at where we should close which is that the the Speaker’s announced policy of Jan- risk those things that have made us Congress has now finally reasserted our uary 18, 2007, the gentleman from such a great Nation. But this is a sub- constitutional role to be a check, a Maryland (Mr. BARTLETT) is recognized ject for another day. check and a balance over the other for 60 minutes. A second reason, which is the subject branches of government, particularly Mr. BARTLETT of Maryland. Mr. for today that I believe that we are over the executive branch in which Speaker, there is a question that often such a great, free Nation, undisputed that authority and oversight was com- comes to my mind. I wonder to how superpower in the world, I believe that pletely ceded over the last 12 years. many Americans this comes to their our Founding Fathers understood that I sit on the House Judiciary Com- mind. God sat with them at the table when mittee. We had an oversight committee We are a great superpower, the undis- they wrote the Declaration of Inde- today on the presidential signing state- puted economic and military super- pendence and the Constitution and the ment where the President, this Presi- power of this world. Have you ever Bill of Rights. dent in particular more than any other asked yourself why? What is so special I have here in the front of the little President combined, has issued signing about us that we have this privileged Constitution that I carry a statement statements, his opinion and his inter- position in the world? from Alexander Hamilton one year be- pretation of legislation which is really We no longer have the most oil in the fore they wrote the Declaration of the judicial branch’s responsibility, world or gold or silver or diamonds. We Independence, and I think that it kind that he would just choose not to imple- no longer have the best work ethic in of epitomizes the belief that most of ment or implement in the way that he the world. We no longer have the most our Founding Fathers had. wanted to, a particular section of law, respect for technical education. We no The sacred rights of mankind are not wholly inappropriate. longer have the most respect for the to be rummaged for among old parch- Congress is back in our appropriate nuclear family. Nearly half of our chil- ments or musty records. They are writ- role, and I yield to the gentleman from dren are born out of wedlock. What ten as with a sunbeam in the whole Pennsylvania to talk about our Web makes us so special? volume of human nature by the hands site, but first to the gentleman from I have asked myself that question a of the divinity itself and can never be Connecticut. lot of times, and I think there are two erased or obscured by mortal power.

VerDate Aug 31 2005 06:18 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.135 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1144 CONGRESSIONAL RECORD — HOUSE January 31, 2007 Is there any better evidence that our ferentiate in this great Constitution it is outdated, we ought to be doing Founding Fathers believed that God between people and citizens because something that this Constitution pro- sat with them at the table when they when they are delineating the require- hibits us from doing, then, sir, we need wrote these great documents? ments for the presidency or other of- to amend the Constitution. We don’t I would like to read something from fices they note the requirement for need to ignore it. the Declaration of Independence, that citizenship. Essential to our understanding of our first document, in 1776. ‘‘We hold these The fifth amendment, which delin- origins is an understanding of what our truths to be self-evident, that all men eates a lot of rights, begins with the government really is. I am afraid, sir, are created equal, that they are en- delineation of a right which is fre- that too few understand this. dowed by their Creator with certain quently denied to us by our govern- When Benjamin Franklin came out of unalienable Rights, that among these ments, both local, State and Federal. I the Constitutional Convention in 1797, are Life, Liberty and the pursuit of think it is the most violated part of as the story goes, he was asked by a Happiness.’’ our Constitution. The last part of the woman who was sitting there, Mr. Five times in the Declaration of fifth amendment, a lot of rights in Franklin, what have you given us? This Independence God is mentioned. Do there, the right of the people not to quote is in the front of many copies of you think, Mr. Speaker, that our have to testify against themselves, the the Constitution. His answer was, a re- courts may declare the Declaration of right of the people not to have to stand public, madam, if you can keep it, a re- Independence unconstitutional because trial twice for the same offense, but public. it mentions God? this last right, little noted, violated But I thought we have a democracy. As I mentioned earlier, the Constitu- every day by all levels of government, I don’t know if we cite that Pledge of tion, which was the fulfillment of the nor shall private property be taken for Allegiance just from rote and never promise made in the Declaration of public use without just compensation. think about what it says. But you re- Independence, written, by the way, 11 b 1915 member those words in there, the re- years later in 1787, this Constitution public for which it stands, not the de- We need to take a serious look at sought to assure the permanence of mocracy, but the republic for which it that. If we can start denying one right these God-given rights noted in the stands. What is the difference between of the people in this great Constitu- Declaration of Independence to the a republic and a democracy and why tion, arguing that times have changed, citizens of this new country. They did did Benjamin Franklin make a point of that by delineating a very limited Fed- are not all of these rights at risk? The sixth amendment, enjoy the telling this lady, a republic, madam, if eral Government. If the Federal Gov- you can keep it? ernment is limited, obviously the pow- right to a speedy and public trial; the Let me give you a couple of examples ers, the rights that it does not have be- seventh amendment, the right by trial; of a democracy that will help you un- long to the people, but the ink was and then the eighth amendment, the derstand why he didn’t say that they hardly dry on this document before people have the right not to have ex- had given us a democracy. An example they wondered was it really clear, cessive fines or cruel and unusual pun- of a democracy is two wolves and a would people really understand from ishment. lamb voting on what they are going to this Constitution. The ninth amendment, the lost have for dinner. You may smile a little It is certainly implicit there in the amendment, the amendment that al- because you know that if two wolves fact that our Federal Government is most nobody reads, the amendment and a lamb are voting on what you are given very few powers. You would need that I think very few people under- going to have for dinner, it is not going never believe they meant that today, stand, it is a very simple one. The enu- to be clover. Mr. Speaker, by the size of our Federal meration in the Constitution of certain Government. We really need to take a rights shall not be construed to deny or Another sample, and this is a very look at that because we are doing a lot disparage others retained by the peo- sad example, but if you think about it, of things that I think that if our ple. this is really an apt example of a de- Founding Fathers were resurrected This is written in old English and mocracy, and that is a lynch mob. Be- would be quite surprised that we legalese. What does it mean? What it cause, clearly, in a lynch mob the will thought their Constitution permitted means is that just because a right is of the majority is being expressed, and the Federal Government to do. not given to the people specifically in that is what people say democracy is, They were concerned that maybe it the Constitution, don’t disparage that that the majority rules. was not clear that these precious right to the people, to whom that right So what is a republic? There is an in- rights given to us by God were to be se- belongs. cident in our history that helps me un- cured to the people and not to the gov- Fundamentally, all rights belong to derstand the difference between a re- ernment, and so they started 10 amend- the people. They choose, they choose to public and a democracy, and this hap- ments through the process of two- give certain power, certain rights to pened during the Truman administra- thirds of the House, two-thirds of the their government. tion. The steel mills were going on Senate and three-fourths of the State Because when there are a lot of peo- strike, our economy was already in legislatures, and 10 of them made it ple who need government, the govern- trouble, and it was going to be in big- through, and we know them as the Bill ment must have some rights. Our ger trouble if that strike occurred. of Rights. Founding Fathers wanted our govern- Then we did some manufacturing, and The rights of the people are so fre- ment to have little power and few we made some steel, and it mattered. quently mentioned in these Bill of rights. Today, it probably wouldn’t matter, Rights, which is why we call them the The tenth amendment, the power is because so little manufacturing in Bill of Rights. The first amendment, not delegated. They might just as well steel is made here, but it mattered the right of the people peaceably to as- have said, rights not delegated to the then. semble. The second amendment, the United States by the Constitution nor Harry Truman in his take-charge right of the people to keep and bear prohibited by the States or reserved to style issued an executive order, one of arms. The third amendment does not the States respectively or to the peo- only two, by the way, that the Su- mention rights, but it certainly delin- ple. preme Court has set aside. What he eates the right of the people not to If you were writing this in everyday said in that executive order was that have the military quartered in their English, and not using legalese, you he nationalized the steel mills that houses except in time of war. The would say, if you cannot find it in arti- made the steel mill workers civil serv- fourth amendment begins with the cle 1, section 8, the Federal Govern- ants, employees of the government. As words the right of the people. ment cannot do it. employees to the government, they Mr. Speaker, I would like to note There is a whole lot of what we do couldn’t strike. that this does not say the rights of the that I can’t find in article 1, section 8. That was a very popular action that citizens. It says the rights of the peo- I would submit that we have amended had very high approval from the Amer- ple, and our Founding Fathers did dif- our Constitution 27 times. If we think ican people. In a democracy, that

VerDate Aug 31 2005 06:18 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.136 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1145 would have been just fine. But the Su- with a gun, that is the militia, a well- destiny will be determined by how you preme Court met in an emergency ses- regulated militia being necessary to relate yourself to your laws. Although sion and, in effect, what they said, Mr. the security of a free state. I asked they believed in a supreme being, they President, no matter how popular that some of my friends, who wants to limit didn’t believe he was a personal God or is, you cannot do it because it violates the right to keep and bear arms? What made any difference whether you tried the Constitution. do you think that means? to talk to him or not, and he certainly You see, the fundamental difference Remember, they came here to escape was not going to talk to you. between a democracy and a republic is the tyranny of the crown. If we have a The second great lie is that our a rule of law. In a democracy, what the citizenry who have the right to keep Founding Fathers did not want to es- majority wants prevails. In a republic, and bear arms, never, ever could a tablish a Christian Nation. it is a rule of law that prevails. Now, small oligarchy at the seat of govern- The third great lie is that they estab- we can change that law. We have ment take over and oppress the people. lished a wall of separation between the changed it 27 times. But it takes a very The second tyranny that they came church and the state. deliberative process, two-thirds of the here to escape was the tyranny of the Our national freedom was not free. It House, two-thirds of the Senate, and church. In England, it was the Epis- was enormously costly. Five of the 55 then three-fourths of the State legisla- copal church. On the continent, it was signers of the Declaration of Independ- ture. This is a long-time process. It the Roman church. In England, it was ence were captured and executed by the gives a lot of time for reflection. a state church, supported by the state, British, nine of them died on the bat- The last time we tried to amend the empowered by the state. On the con- tlefield of the Revolutionary War, and Constitution it didn’t quite make it, tinent, the Roman Catholic Church was another dozen lost their homes and the Equal Rights Amendment, you re- the state church for many states, sup- their possessions and their fortunes to member. Nobody denies that women ported by the state and powered by the British occupation. Our birth as a Na- should have equal rights with men. But state, and these religions could and did tion was not cheap for these men. What what that amendment says, that you oppress other religions. beliefs and convictions motivated them couldn’t differentiate between men and Our Founding Fathers were so re- to do what they did? women. If you had a draft, you would pulsed by this that when they came b 1930 have to draft women. here in old Virginia they would not let We can change this Constitution, but Roman Catholics vote. But, to their Of these three great lies, that is the it takes a very deliberative process and great credit, when it came time to wall of separation, it is very easy to a super majority vote. write these precious 10 amendments, dispense with a third of those because Then the last half of that statement, they recognized that is not really what the words ‘‘separation,’’ ‘‘church,’’ and if you can keep it, I wonder what was they came here to do. So they wrote ‘‘State’’ never exist in relationship to in Benjamin Franklin’s head, in his the establishment clause of the first each other in either our Constitution mind. Was he concerned about threats amendment, and it is very clear. I have or the amendments. from outside our country? We were a no idea why people have trouble under- But they do occur in one constitu- long ocean away with sailing ships standing it. tion. Interestingly, that is the con- from any potential enemy. I doubt that It says, Congress shall make no law stitution of the old Soviet empire, the his concern was a threat from without. respecting an establishment of reli- constitution of the United Soviet So- I think that he was more concerned gion. Don’t make any law establishing cialist Republic. Article 124 says: ‘‘In about a threat from within, a republic, a state religion. order to ensure to citizens freedom of madam, if you can keep it. Then they went on to say, and let ev- conscience, the church in the USSR is This needs a longer discussion, but erybody worship as they please, or pro- separated from the state and the that, too, is a discussion for another hibiting the free exercise thereof. That schools from the church.’’ day. To really understand who we are, is a really misunderstood establish- Now, many people would like to in- we need to go back to our origins and ment clause. terpret the establishment clause of our how our Founding Fathers came here. Early history books will present a first amendment as if it was written in Most of them in our early days came very different picture of our origins these words that are found only in the from the British Isles and the Euro- than that which really existed. If you constitution of the old Soviet Union. pean continent, and they came here to go back to a history book of 50 years To refute the first two lies, that is, escape two tyrannies. One was the tyr- ago, it will be unrecognizable as com- that our Founding Fathers were anny of the crown, and the other was pared to the history book of today. The athiests and deists and that they did the tyranny of the church. history books of today have been bled not mean to establish a Christian na- Most of them came from countries dry of any reference to our Christian tion, I want to do four things. First of where there was a king or an emperor heritage. all, I want to let the Founding Fathers who incredibly, from our perspective, I would like to pause here for just a speak for themselves. I am going to claimed and was granted divine rights. moment to note that I am going to cite only a few quotes from the many, What that says was the rights came quote from a lot of our Founding Fa- many that you could find. Then we are from God to the king or the emperor, thers, and they are going to use the going to take a look at what the courts and he would give what rights he word ‘‘Christian.’’ That was the lexicon said and you will be astounded at what wished to his people. That is incompre- of the day. If they were here today, our courts said in our early years. And hensible to us that for hundreds of they would be saying Judeo-Christian. then we will take a look at what the years people could have lived under Every time I read the word ‘‘Chris- Congress did. The institution permits that kind of government. tian,’’ please translate that Judeo- me to speak here in the well of the Well, those who chose not to live Christian, because that is the context Congress. And then we will take a look that way came to this country. When in which they used that word. at our schools. they wrote the Bill of Rights, their Current history books, and indeed Patrick Henry was the firebrand of concern about the tyranny of the our culture, contains three great lies. the Revolution. Every school child crown gave rise to the second amend- The first of these lies is that our knows his words: ‘‘Give me liberty or ment. Founding Fathers were atheist and give me death.’’ But I will wager, Mr. Now, you may ask people what the deist. Now an atheist is someone who Speaker, that you will not find in any second amendment is, and almost all of does not believe in God. Deist, God, current textbooks the circumstances in them will tell you that it says the atheist, the alpha primitive, don’t be- which he uttered these words: They right of the people to keep and bear lieve in God. A deist is someone who were in a church in Richmond, Vir- arms shall not be infringed. That is believes there is a God. They believe he ginia, St. John’s Church in Richmond about half of the second amendment. created the world, but don’t bother try- Virginia March 23, 1775, and this is Let me read the first part that puts ing to talk to him or pray to him, be- what he said: ‘‘An appeal to arms and that second part in perspective. A well- cause when he created the world he the God of Hosts is all that is left us. regulated militia, that is every citizen also put in place several laws, and your But we shall not fight our battle alone.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.137 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1146 CONGRESSIONAL RECORD — HOUSE January 31, 2007 There is a just God that presides over chaplain of every religious persuasion, presidency of the American Bible Soci- the destinies of nations. The battle, sir, or many, including Muslims, who serve ety more than he valued the presidency is not to the strong. Is life so dear or our military. As a matter of fact, Mr. of the United States. This is what he peace so sweet as to be purchased at Speaker, the only place today we can- said: ‘‘The highest glory of the Amer- the price of chains and slavery? Forbid not offer a prayer is in our schools. I ican Revolution was this: It connected it, Almighty God. I know not what have often asked myself the rationality in one indissoluble bond the principles course others may take, but as for me, of this. of civil government with the principles give me liberty or give me death.’’ Thomas Jefferson was also said to be of Christianity. From the day of the Did your children ever bring home to a deist. Let me read what he says and Declaration, the day’’ the Founding you this full quote from Patrick see if you believe he was a deist: ‘‘I am Fathers ‘‘were bound by the Laws of Henry? a real Christian, that is to say a dis- God, which they all acknowledged as Was Patrick Henry a Christian? The ciple of the doctrines of Jesus. I have their rules of conduct.’’ following year, 1776, he wrote this: ‘‘It little doubt that our whole country And later Calvin Coolidge, ‘‘Silent cannot be emphasized too clearly and will soon be rallied to the unity of our Cal.’’ An interesting story is told of too often that this great Nation was creator and, I hope, to the pure doc- him. He was a man of few words. It was founded, not by religionists, but by trine of Jesus also.’’ hard to get him to talk. He was sitting Christians,’’ or in today’s vernacular, On slavery Jefferson wrote: ‘‘Al- at dinner with a lady who said, ‘‘I have Judeo Christians, ‘‘not on religion, but mighty God has created men’s minds a wager that I will get you to say three on the gospel of Jesus Christ. For that free. Commerce between master and words tonight.’’ And the only words he reason alone, peoples of other faiths slave is despotism. I tremble for my uttered that whole evening were ‘‘You have been afforded’’ ... ‘‘freedom of country when I reflect that God is just; lose.’’ worship here.’’ that his justice cannot sleep forever.’’ Calvin Coolidge said this: ‘‘America Benjamin Franklin was said to be a George Washington, the founder our seeks no empires built on blood and deist; that is, he believed there was a country, a deeply religious person. We forces. She cherishes no purpose save God who created the Earth but then he think of him often as commander of to merit the favor of Almighty God.’’ just let the Earth and its inhabitants the Army. This is his quote: ‘‘It is im- He later wrote: ‘‘The foundations of determine their destiny by how they possible to govern the world without our society and our government rest so related themselves to laws that he had God and the Bible.’’ Boy, are we trying much on the teachings of the Bible established. Let me read to you some- to do that? ‘‘Of all the dispositions and that it would be difficult to support thing that Benjamin Franklin said. habits that lead to political prosperity, them if faith in these teaching would This was in 1787. We had a deadlocked our religion and morality are the indis- cease to be practically universal in our convention. pensable supporters. Let us with cau- country.’’ It wasn’t certain that after 11 years, tion indulge the supposition,’’ that is, President Coolidge, they have ceased we were going to be able to write a the idea, ‘‘that morality can be main- to be practically universal in our coun- Constitution that would protect all of tained without religion. Reason and ex- try. What now? the rights, big States and little States perience both forbid us to expect our I think, Mr. Speaker, you see from and people, that we wanted to protect. national morality can prevail in exclu- these quotes from just a few of our And this is what he said: ‘‘In the days sion of religious principle.’’ Founding Fathers, and there are dozens of our conquest with Great Britain And in his prayer book, George Wash- of others I could have brought, that when we were sensible of danger, we ington wrote this: ‘‘Oh, eternal and ev- certainly our Founding Fathers were had daily prayer in this room for divine erlasting God, direct my thoughts, deeply religious people. They were not protection. Our prayers, sir, were words, and work. Wash away my sins in deists and athiests. heard, and they were graciously an- the emaculate blood of the lamb and Now let us move to the Supreme swered. All of us who were engaged in purge my heart by the Holy Spirit. Court. Some of these quotes will shock the struggle must have observed fre- Daily, frame me more and more in the you. The People versus Ruggles. He had quent instances of superintending prov- likeness of they son, Jesus Christ, that publicly slandered the Bible, and some- idence in our favor. To that kind provi- living in thy fear, and dying in thy how this came to the Supreme Court in dence we owe this happy opportunity favor, I may in thy appointed time ob- 1811. ‘‘You have attacked the Bible.’’ to establish our Nation. And have we tain the resurrection of the justified This is what the Supreme Court said: now forgotten that powerful friend? Do unto eternal life. Bless, O Lord, the ‘‘You have attacked the Bible. In at- we imagine we no longer need his as- whole race of mankind and let the tacking the Bible, you have attacked sistance?’’ world be filled with the knowledge of Jesus Christ. In attacking Jesus And then I love this quote: ‘‘I have thee and thy son, Jesus Christ.’’ Christ, you have attacked the roots of lived, sir, a long time.’’ I believe he was John Adams, our second President our Nation.’’ 81 years old, the oldest member of the and President of the American Bible Did they intend this to be a Godless Constitutional Convention, revered Society, this is what he said: ‘‘We have Nation? Governor of Pennsylvania. ‘‘I have no government armed with the power ‘‘Whatever strikes at the root of lived, sir, a long time, and the longer I capable of contending with human pas- Christianity manifests itself in the dis- live, the more convincing proofs I see sions, unbridled by morality and true solving of our civil government. This of this truth, that God governs in the religion.’’ Mr. Speaker, I wonder if was the Supreme Court. And then the affairs of men. And if a sparrow cannot maybe this can be a factor in our prob- same Court a little later, in 1885, in fall to the ground without his notice, it lems in Iraq. ‘‘Our Constitution was Vida versus Gerrard, they were using is probable that a new nation cannot made only for a moral and religious the Bible in teaching one of our rise without his aid. We have been as- people. It is wholly inadequate to the schools, and somehow that got to the sured, sir, in the sacred writings that government of any other.’’ This by the Supreme Court. And this is what they except the Lord build the house, they second President of the United States. said: ‘‘Why not use the Bible, espe- labor in vain that built it. I therefore John Jay, our first Supreme Court cially the New Testament? It should be beg leave to move that henceforth Justice, said ‘‘Providence has given to read and taught as the divine revela- prayers imploring the assistance of our people the choice of their rulers, tion in the schools. Where can the pur- heaven and its blessings on our delib- and it is the duty as well as the privi- ist principles of morality be learned so erations be held in this assembly every lege and interest of our Christian Na- clearly and so perfectly as from the morning before we proceed to any busi- tion to select and prefer Christians for New Testament?’’ Can you imagine ness.’’ their rulers.’’ This from John Jay, the anything like that coming from our That, Mr. Speaker, established a first Supreme Court Justice. Court today? precedent that we honored this morn- John Quincy Adams, also, like his fa- And then in 1892, and this was in a ing when we opened this day and this ther, President of the American Bible suit involving the Church of the Holy Congress with prayer. We have a chap- Society. As a matter of fact, I think it Spirit in which they contended Christi- lain; so does the Senate. There is a was he who said that he valued the anity was not the faith of the people,

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.139 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1147 and this is what the Supreme Court Islam or infidelity, but to prevent ri- know God and Jesus Christ, which is said in 1892: ‘‘Our laws and our institu- valry among the Christian denomina- eternal life, John 17:3; and therefore to tions must necessarily be based upon tions to the exclusion of others. Chris- lay Jesus Christ as the only foundation and embody the teachings of the re- tianity must be considered as the foun- of all sound knowledge and learning.’’ deemer of mankind. It is impossible to dation on which the whole structure For more than 100 years, more than demand that they should be otherwise; rests. 50 percent of all Harvard’s graduates and in this sense and to this extent, ‘‘Laws will not have permanence or were pastors. We now have exposed our civilization and our institutions power without the sanction of religious these three great lies from our found- are emphatically Christian. No purpose sentiment, without the firm belief that ing fathers, from our courts, from our of action against our religion can be there is power above us that will re- Congress, from our schools. Our found- imputed to any legislation, State or ward our virtues and punish our vices.’’ ing fathers have all spoken. Clearly we national, because this is a religious This is what our Congress said. were founded by religious people in- people.’’ This is the Supreme Court. The Continental Congress bought tending to be a religious Nation. ‘‘This is historically true. From the 20,000 copies of the Bible to distribute What have we reaped in the way we discovery of this continent to this to its new citizens. And for the first 100 have changed? America 100 years ago present hour, there is a single voice years of our country, every year our had the highest literacy rate of any na- making this affirmation.’’ And then Congress voted monies to send mission- tion. Today we spend more on edu- they go on to cite 87 different legal aries to the American Indians. cation than any nation in the world. precedents to affirm that America was Continuing the Senate Judiciary And yet since 1987 we have graduated formed as a Christian Nation by believ- Committee’s 1854 reading. ‘‘In this age, more than one million high school stu- ing Christians. there can be no substitute for Christi- dents who could not even read their di- And then in 1947, our Court did an anity. By its general principles, the ploma. We have spent more money than any about face, 180 degrees, repudiating ev- Christian faith is the great conserving other Nation in the industrialized erything they have they had done for element on which we must rely for the world to educate our children, and yet 160 years. And you will see no Supreme purity and permanence of our free in- SAT scores fell for 24 straight years be- Court reference today going back be- stitutions.’’ fore finally leveling off at the bottom, yond 1947 because if you went back be- That was the religion of our founding where they still are compared with yond that, every one would be con- fathers, or the Republic, and they ex- pected it to remain the religion of their others in the world in the 1990s. sistent with the quotes that I have read In a 1960 survey 53 percent of Amer- descendents. Well, there is little ques- here. ica’s teenagers had never kissed. 57 per- tion, little question how the Congress We are having trouble understanding cent said they had never necked, that felt, and the courts. that what our Founding Fathers meant is kissing and hugging, and 92 percent Let us turn now to our schools. Oh, in this great establishment clause in of teenagers in America said they were by the way. The same Congress in 1854 the first amendment was to ensure virgins in 1960. that there would be freedom of reli- passed this resolution. Can you imag- Before that, more than a decade be- gion. We are ever more interpreting ine this today? ‘‘The Congress of the fore that, I was getting my doctorate this as requiring freedom from reli- United States recommends and ap- at the University of Maryland. The gion. Our Founding Fathers would be proves the Holy Bible for use in our girls dorm was right down the hill from astounded if they could be resurrected schools.’’ Moral Hall where I did my work. The and see how we have interpreted their The New England Primer used for 200 Dean of Women would not let the girls Constitution. years. This is how they taught the al- go barefoot because she said that bare phabet. A. A wise son makes a glad fa- b 1945 feet were too sexy. ther but a foolish son is heaviness to There are far too many coed dorms In the early 1850s, Humanism and his mother. and coed rooms in the University of Darwinism was sweeping our country. B. Better is little with the fear of the Maryland today. By 1990, just 30 years And there was the assertion that Lord than abundance apart from him. later, 75 percent of American high America was not a Christian Nation. C. Come unto Christ, all you who are school students are sexually active, by After a year’s study, now we are turn- weary and heavily laden. D. Do not do 18. In the next 5 years, we spent $4 bil- ing to the Congress. After a year’s the abominable thing, which I hate, lion to educate them on how to be im- study, this is what the Senate Judici- sayeth the Lord. E. Except a man be moral, to trumpeting the solutions of ary Committee said in its final report born again he cannot see the Kingdom safe sex, and it worked. in March 27, 1854. of God. Clearly religion was important One in five teenagers in America ‘‘The First Amendment clause speaks in our early schools. today lose their virginity before their against an establishment of religion. The McGuffey Reader, used for a hun- 13th birthday. 19 percent of America’s The founding fathers intended by this dred years. A few years ago they teenagers say they have had more than amendment to prohibit an establish- brought it back with the hope that if four sexual partners before graduation. ment of religion, such as the Church of kids used that, they could read, be- The result: Every day 2,700 students get England presented or anything like it. cause what they were doing today they pregnant, 1,100 get abortions, 1,200 give But they had no fear or jealousy of re- were not learning to read. birth. Every day another 900 contract a ligion itself, nor did they wish to see us This is what McGuffey said. ‘‘The sexually transmitted disease, many in- an illreligious people.’’ And I love the Christian religion is the religion of our curable. language that our founding fathers country. From it are derived our no- AIDS infections among high school used, so poetic. tions of the character of God, on the students climbed 700 percent between ‘‘They did not intend to spread over great moral Governor of universe. On 1990 and 1995. We have 3.3 million prob- the public authorities and the whole its doctrines are founded the peculiar- lem drinkers in our high school cam- public action of the Nation the dead ities of our free institutions. From no puses, over half a million alcoholics, and revolting spectacle of atheistic ap- source has the author drawn more con- and in any given weekend in America, athy. Had the people during the revolu- spicuously than from the sacred Scrip- 30 percent of the student population tion had a suspicion of any attempt to tures. For all of those extracts from may spend some time drunk. war against Christianity, that revolu- the Bible, I make no apology.’’ A few years ago a young woman in a tion would have been strangled in its Of the first 108 universities in our high school in Oklahoma wrote this cradle.’’ country, 106 were distinctly religious. poem as a new school prayer. ‘‘Now I At the time of the adoption of the Harvard University, the first univer- sit me down in school where praying is Constitution and the amendments, the sity. This was in their student hand- against the rule, for this great Nation universal sentiment was that Christi- book. Let me read it. ‘‘Let every stu- under God finds mention of him very anity should be encouraged, not just dent be plainly instructed and ear- odd. any one sect or denomination. The ob- nestly pressed to consider well, the ‘‘The Scripture now the class recites, ject was not to substitute Judaism, or main end of his life and studies is, to it violates the Bill of Rights. And any

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.140 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1148 CONGRESSIONAL RECORD — HOUSE January 31, 2007 time my head I bow, becomes a Federal grown. But we have forgotten God. We Mr. CUMMINGS, for 5 minutes, today. matter now. Our hair can be purple, or- have forgotten the gracious hand which Ms. WOOLSEY, for 5 minutes, today. ange or green, that is no offense, it is preserved us in peace and multiplied Mr. SCHIFF, for 5 minutes, today. a freedom scene. The law is specific, and enriched us. Mrs. CAPPS, for 5 minutes, today. the law is precise, only prayers spoken ‘‘And we have vainly imagined in the Mrs. MCCARTHY of New York, for 5 out loud are a serious vice. deceitfulness of our hearts that all minutes, today. ‘‘For praying in a public hall might these blessings were produced by some Mr. ALLEN, for 5 minutes, today. offend someone with no faith at all, in superior wisdom and virtue of our own. Mr. GEORGE MILLER of California, for silence alone we must meditate, God’s Intoxicated with unbroken success we 5 minutes, today. name is prohibited by the State. We have become too self-sufficient to feel Ms. NORTON, for 5 minutes, today. are allowed to cuss and dress like the necessity of redeeming and pre- Ms. SOLIS, for 5 minutes, today. freaks, and pierce our noses, tongues serving grace. Mr. DEFAZIO, for 5 minutes, today. and cheeks, they have outlawed guns ‘‘Too proud to pray to the God that Mr. MCGOVERN, for 5 minutes, today. but first the Bible. made us. It behooves us then to humble (The following Members (at the re- ‘‘To quote the Good Book makes me us ourselves before the offended power, quest of Ms. FOXX) to revise and extend liable. We can elect a pregnant senior to confess our national sins and to pray their remarks and include extraneous queen, and the unwed daddy our senior for clemency and forgiveness.’’ material:) king. It is inappropriate to teach right Abraham Lincoln understood that Mr. JONES of North Carolina, for 5 from wrong, we are taught that such this was a new experiment that might minutes, February 5, 6, and 7. judgments do not belong. not succeed. In the Gettysburg Address Mr. WELDON of Florida, for 5 minutes, ‘‘We can get our condoms and birth he says this. ‘‘Four score and seven today. control, study witchcraft, vampires years ago our fathers brought forth in Mr. FORTENBERRY, for 5 minutes, and totem poles, but the Ten Com- this continent a new Nation, conceived today. mandments are not allowed. No word of in liberty and dedicated to the propo- Mr. HULSHOF, for 5 minutes, today. God must reach this crowd. It is scary sition that all men are created equal.’’ Mr. MICA, for 5 minutes, today. here I must confess, when chaos reins That may sound very strange to us, Mr. LAMBORN, for 5 minutes, today. the school is a mess. and this should be unusual. But re- f ‘‘So Lord this silent plea I make, member, they came from countries should I be shot my soul please take.’’ that had a king or an Emperor. ‘‘We BILL PRESENTED TO THE Our Nation which used to lead the are now engaged in a great civil war, PRESIDENT world in every arena now leads the testing whether that Nation or any Na- Karen L. Haas, Clerk of the House, world in these areas. Number one in tion so conceived and so dedicated can reports that on January 30, 2007, she violent crime. We are number one in long endure.’’ presented to the President of the divorce. We are number one in teenage We have forgotten from whence we United States, for his approval, the fol- pregnancies. We are number one in vol- came. Actually this generation has not lowing bill. unteer abortions. We are number one in forgotten, it never knew. I think, Mr. H.R. 188. To provide a new effective date illegal drug abuse. And we are number Speaker, that this great free country, for the applicability of certain provisions of one in the industrialized world for illit- the undisputed economic and military law to Public Law 105–331. eracy. super power of the world is at risk if we f Alexis de Tocqueville, a great, young have forgotten from whence we came. Frenchman, toured our country for 5 Abraham Lincoln said this to our Na- ADJOURNMENT years. He wrote a great two-volume tion, and I will close with this. We need Mr. BARTLETT of Maryland. Mr. treatise on democracy, which is still a to hear it again. ‘‘For all those who Speaker, pursuant to House Concurrent classic. And this is what he said. ‘‘In have died in all of our wars, it is rather Resolution 41, 110th Congress, I move the United States, the influence of reli- for us to be here dedicated to the great that the House do now adjourn. gion is not confined to the manners, tasks remaining before us, that from The motion was agreed to. but shapes the intelligence of the peo- these honored dead we take increased The SPEAKER pro tempore (Mr. ple. Christianity, therefore reigns with- devotion to that cause to which they HARE). Pursuant to House Concurrent out obstacle, by universal consequence. gave the last full measure of devotion, Resolution 41, 110th Congress, the The consequence is, as I have before ob- that we here highly resolve that these House stands adjourned until 2 p.m. on served, that every principle in a moral dead shall not have died in vein, that Monday, February 5, 2007. world is fixed and enforced.’’ this Nation under God shall have a new Thereupon (at 7 o’clock and 59 min- And this great quote. ‘‘I sought for birth of freedom.’’ utes p.m.), pursuant to House Concur- the key to the greatness of and genius Thank you, Mr. Speaker. I yield rent Resolution 41, the House ad- of America in her great harbors, her back. journed until Monday, February 5, 2007, fertile fields and boundless forests, in f at 2 p.m. her rich minds and vast world com- merce, in her universal public school LEAVE OF ABSENCE f system and institutions of learning. By unanimous consent, leave of ab- EXECUTIVE COMMUNICATIONS, ‘‘I sought for it in her Democratic sence was granted to: ETC. Congress and her matchless Constitu- Mr. FARR (at the request of Mr. Under clause 8 of rule XII, executive tion. But not until I went into the HOYER) for today until 3 p.m. on ac- communications were taken from the churches of America and heard her pul- count of a death in the family. Speaker’s table and referred as follows: pits flame with righteousness did I un- Mr. BUYER (at the request of Mr. derstand the secret of her genius and 475. A letter from the Chief, Regulations BOEHNER) for today on account of med- and Administrative Law, USCG, Department power.’’ ical reasons. of Homeland Security, transmitting the De- He said, ‘‘America is great, because f partment’s final rule — Special Local Regu- America is good. And if America ever SPECIAL ORDERS GRANTED lations; Annual Gasparilla Marine Parade, ceases to be good, America will cease Hillsborough Bay, Tampa, FL [CGD 07-05-156] to be great.’’ By unanimous consent, permission to (RIN: 1625-AA08) received January 16, 2007, In 1963, Abraham Lincoln declared a address the House, following the legis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- National Day of Humiliation. And this lative program and any special orders mittee on Transportation and Infrastruc- is what he said. ‘‘We have been the re- heretofore entered, was granted to: ture. cipients of the choicest bounties of (The following Members (at the re- 476. A letter from the Chief, Regulations and Administrative Law, USCG, Department heaven. We have been preserved these quest of Mrs. CAPPS) to revise and ex- of Homeland Security, transmitting the De- many years in peace and prosperity. tend their remarks and include extra- partment’s final rule — Regulated Naviga- We have grown in numbers and wealth neous material:) tion Area; East Rockaway Inlet to Atlantic and power, as no other Nation has ever Mr. PALLONE, for 5 minutes, today. Beach Bridge, Nassau County, Long Island,

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K31JA7.142 H31JAPT1 bajohnson on PROD1PC61 with HOUSE January 31, 2007 CONGRESSIONAL RECORD — HOUSE H1149 New York [CGD01-06-142] (RIN: 1625-AA11) re- U.S.C. 801(a)(1)(A); to the Committee on correction; to the Committee on the Judici- ceived January 12, 2007, pursuant to 5 U.S.C. Transportation and Infrastructure. ary. 801(a)(1)(A); to the Committee on Transpor- 486. A letter from the Chief, Regulations By Ms. ESHOO (for herself, Mr. GOOD- tation and Infrastructure. and Administrative Law, USCG, Department LATTE, Mr. CROWLEY, Mr. MACK, Mr. 477. A letter from the Chief, Regulations of Homeland Security, transmitting the De- WESTMORELAND, Mr. NORWOOD, Mrs. and Administrative Law, USCG, Department partment’s final rule — Safety Zone: Transit MCMORRIS RODGERS, Mr. FARR, Ms. of Homeland Security, transmitting the De- of Industrial Cranes, Cape Fear River, Wil- ZOE LOFGREN of California, Mr. MIL- partment’s final rule — Drawbridge Opertion mington, North Carolina [CGD05-07-123] LER of Florida, Mr. COHEN, Mr. SEN- Regulations; Southern Boulevard (SR 700/80) (RIN: 1625-AA00) received January 16, 2007, SENBRENNER, Mr. KUHL of New York, Bridge, Atlantic Intracoastal Waterway, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. FORTENBERRY, Mr. CHABOT, Mrs. mile 1024.7, Palm Beach, FL [CGD07-06-130] mittee on Transportation and Infrastruc- JO ANN DAVIS of Virginia, Ms. JACK- (RIN: 1625-AA09) received January 16, 2007, ture. SON-LEE of Texas, Mr. CALVERT, Ms. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 487. A letter from the Chief, Regulations HARMAN, Mrs. BLACKBURN, Mr. CAMP- mittee on Transportation and Infrastruc- and Administrative Law, USCG, Department BELL of California, Mr. JORDAN, Mr. ture. of Homeland Security, transmitting the De- MCHUGH, Mr. WILSON of South Caro- 478. A letter from the Chief, Regulations partment’s final rule — Safety Zone; Chicago lina, Mr. WALBERG, Mr. UPTON, Mr. and Administrative Law, USCG, Department New Years Eve Fireworks, Lake Michigan, HERGER, Mr. HONDA, Mr. BOUCHER, of Homeland Security, transmitting the De- Chicago, IL [CGD09-06-173] (RIN: 1625-AA00) Mr. JEFFERSON, Ms. LORETTA partment’s final rule — Drawbridge Oper- received January 16, 2007, pursuant to 5 SANCHEZ of California, Mr. GRIJALVA, ation Regulation; Darby Creek, Essington, U.S.C. 801(a)(1)(A); to the Committee on Mrs. TAUSCHER, Ms. HOOLEY, and Ms. PA [CGD05-06-086] (RIN: 1625-AA09) received Transportation and Infrastructure. HERSETH): January 16, 2007, pursuant to 5 U.S.C. 488. A letter from the Chief, Regulations H.R. 743. A bill to make the moratorium on 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department Internet access taxes and multiple and dis- tation and Infrastructure. of Homeland Security, transmitting the De- criminatory taxes on electronic commerce 479. A letter from the Chief, Regulations partment’s final rule — Safety Zone Regula- permanent; to the Committee on the Judici- and Administrative Law, USCG, Department tions, New Tacoma Narrows Bridge Con- ary. of Homeland Security, transmitting the De- struction Project, Bridge Deck Lifting By Ms. BORDALLO: partment’s final rule — Drawbridge Oper- Beams [CGD13-06-054] (RIN: 1625-AA00) re- H.R. 744. A bill to enhance congressional ation Regulation; Bayou Lafourche, LA ceived January 16, 2007, pursuant to 5 U.S.C. oversight of Operation Iraqi Freedom by re- quiring the President to transmit periodi- [CGD08-06-028] (RIN: 1625-AA09) received Jan- 801(a)(1)(A); to the Committee on Transpor- cally to Congress a consolidated, comprehen- uary 16, 2007, pursuant to 5 U.S.C. tation and Infrastructure. sive report to detail the terms of completion 801(a)(1)(A); to the Committee on Transpor- 489. A letter from the Chief, Regulations for Operation Iraqi Freedom and by requir- tation and Infrastructure. and Administrative Law, USCG, Department ing the President to seek to enter into a 480. A letter from the Chief, Regulations of Homeland Security, transmitting the De- and Administrative Law, USCG, Department multilateral agreement to help provide for partment’s final rule — Safety Zone Regula- the completion of Operation Iraqi Freedom; of Homeland Security, transmitting the De- tions, New Tacoma Narrows Bridge Con- partment’s final rule — Drawbridge Oper- to the Committee on Foreign Affairs, and in struction Project, Construction Barge addition to the Committee on Armed Serv- ation Regulations; Arkansas Waterway, Ar- ‘‘MARMACK 12’’ [CGD13-06-053] (RIN: 1625- kansas [CGD08-06-005] (RIN: 1625-AA09) re- ices, for a period to be subsequently deter- AA00) received January 16, 2007, pursuant to mined by the Speaker, in each case for con- ceived January 16, 2007, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- sideration of such provisions as fall within Transportation and Infrastructure. the jurisdiction of the committee concerned. tation and Infrastructure. 490. A letter from the Chief, Regulations 481. A letter from the Chief, Regulations By Ms. JACKSON-LEE of Texas (for and Administrative Law, USCG, Department and Administrative Law, USCG, Department herself and Mr. BACA): of Homeland Security, transmitting the De- of Homeland Security, transmitting the De- H.R. 745. A bill to revise the short title of partment’s final rule — Safety Zone Regula- the Fannie Lou Hamer, Rosa Parks, and partment’s final rule — Security Zone; Poto- tions, New Tacoma Narrows Bridge Con- Coretta Scott King Voting Rights Act Reau- mac and Anacostia Rivers, Washington, DC struction Project, Construction Vessels and thorization and Amendments Act of 2006; to and Arlington and Fairfax Counties, VA Equipment Under and in Immediate Vicinity the Committee on the Judiciary. [CGD05-06-120] (RIN: 1625-AA87) received Jan- of West Span [CGD13-06-052] (RIN: 1625-AA00) By Mr. MCGOVERN (for himself, Mr. uary 16, 2007, pursuant to 5 U.S.C. received January 16, 2007, pursuant to 5 SERRANO, Mr. FRANK of Massachu- 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on setts, Mr. DELAHUNT, Mr. OLVER, Mr. tation and Infrastructure. Transportation and Infrastructure. 482. A letter from the Chief, Regulations WYNN, Ms. WATERS, Mr. COHEN, Mr. ELLISON, Mr. WELCH of Vermont, Ms. and Administrative Law, USCG, Department f of Homeland Security, transmitting the De- LEE, Ms. CORRINE BROWN of Florida, partment’s final rule — Security Zone; PUBLIC BILLS AND RESOLUTIONS Mr. LEWIS of Georgia, Ms. WOOLSEY, Choptank River, Cambridge, MD [CGD05-06- Mr. FILNER, Mr. STARK, Mr. Under clause 2 of rule XII, public GRIJALVA, Mr. CONYERS, and Ms. 121] (RIN: 1625-AA00) received January 16, bills and resolutions were introduced 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the SCHAKOWSKY): and severally referred, as follows: H.R. 746. A bill to provide for the safe and Committee on Transportation and Infra- By Mr. SCOTT of Virginia (for himself, orderly withdrawal of United States military structure. forces and Department of Defense contrac- 483. A letter from the Chief, Regulations Mr. CONYERS, Mr. FORBES, Mr. TIM tors from Iraq, and for other purposes; to the and Administrative Law, USCG, Department MURPHY of Pennsylvania, Mr. Committee on Armed Services, and in addi- of Homeland Security, transmitting the De- REICHERT, and Mrs. SCHMIDT): H.R. 740. A bill to amend title 18, United tion to the Committee on Foreign Affairs, partment’s final rule — Security Zones; Es- for a period to be subsequently determined States Code, to prevent caller ID spoofing, corted Vessels in the Captain of the Port by the Speaker, in each case for consider- and for other purposes; to the Committee on Jacksonville Zone [COTP Jacksonville 06- ation of such provisions as fall within the ju- the Judiciary. 276] (RIN: 1625-AA87) received January 16, risdiction of the committee concerned. By Mr. SMITH of New Jersey (for him- 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. BAIRD (for himself, Mr. self, Mr. STUPAK, Mr. HOLDEN, Mr. Committee on Transportation and Infra- ETHERIDGE, Mr. HOLT, Mr. MOORE of GILCHREST, Mr. SHAYS, Mrs. LOWEY, structure. Kansas, Mr. POMEROY, and Mr. 484. A letter from the Chief, Regulations Ms. DELAURO, Ms. BEAN, Mr. GRIJALVA): and Administrative Law, USCG, Department LANGEVIN, Mr. BAIRD, Mr. KIRK, Mr. H.R. 747. A bill to establish a National For- of Homeland Security, transmitting the De- ACKERMAN, Mr. GRIJALVA, and Mr. eign Language Coordination Council; to the partment’s final rule — Security Zone, Elba MCHUGH): Committee on Education and Labor. Island LNG mooring Slip, Savannah River, H.R. 741. A bill to provide for the expansion By Mr. BECERRA (for himself, Mr. Savannah, Georgia [COTP Savannah 06-160] of Federal efforts concerning the prevention, BLUNT, Mr. ENGLISH of Pennsylvania, (RIN: 1625-AA87) received January 16, 2007, education, treatment, and research activities Mr. PICKERING, and Mr. ROSS): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- related to Lyme and other tick-borne dis- H.R. 748. A bill to amend title XVIII of the mittee on Transportation and Infrastruc- eases, including the establishment of a Tick- Social Security Act to repeal the Medicare ture. Borne Diseases Advisory Committee; to the outpatient rehabilitation therapy caps; to 485. A letter from the Chief, Regulations Committee on Energy and Commerce. the Committee on Energy and Commerce, and Administrative Law, USCG, Department By Mr. CONYERS (for himself and Mr. and in addition to the Committee on Ways of Homeland Security, transmitting the De- SMITH of Texas): and Means, for a period to be subsequently partment’s final rule — Security Zone; Wa- H.R. 742. A bill to amend the Antitrust determined by the Speaker, in each case for ters Surrounding U.S. Forces Vessel SBX-1, Modernization Commission Act of 2002, to ex- consideration of such provisions as fall with- HI [COTP Honolulu 06-008] (RIN: 1625-AA87) tend the term of the Antitrust Moderniza- in the jurisdiction of the committee con- received January 16, 2007, pursuant to 5 tion Commission and to make a technical cerned.

VerDate Aug 31 2005 04:56 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\L31JA7.000 H31JAPT1 bajohnson on PROD1PC61 with HOUSE H1150 CONGRESSIONAL RECORD — HOUSE January 31, 2007 By Mrs. BLACKBURN (for herself, Mr. and adopts voluntary voting system guide- By Mr. ENGEL (for himself and Mr. SAM JOHNSON of Texas, Mr. WEST- lines under the Act, and for other purposes; GALLEGLY): MORELAND, Mr. WILSON of South to the Committee on House Administration. H.R. 759. A bill to redesignate the Ellis Is- Carolina, Mr. FRANKS of Arizona, and By Mr. DELAHUNT (for himself, Mr. land Library on the third floor of the Ellis Mr. SESSIONS): LAHOOD, Mr. FLAKE, Mr. PAUL, Mrs. Island Immigration Museum, located on H.R. 749. A bill to amend the Social Secu- EMERSON, Ms. SOLIS, Mr. MCGOVERN, Ellis Island in New York Harbor, as the ‘‘Bob rity Act to improve choices available to Mr. BERMAN, and Mr. MEEKS of New Hope Memorial Library‘‘; to the Committee Medicare eligible seniors by permitting them York): on Natural Resources. to elect (instead of regular Medicare bene- H.R. 757. A bill to allow United States na- By Mr. FILNER (for himself, Mr. ISSA, tionals and permanent residents to visit fam- fits) to receive a voucher for a health savings Mr. HONDA, Mr. ROHRABACHER, Mr. ily members in Cuba, and for other purposes; account, for premiums for a high deductible ABERCROMBIE, Mrs. DAVIS of Cali- to the Committee on Foreign Affairs. health insurance plan, or both and by sus- fornia, Mr. SCOTT of Virginia, Mr. By Ms. DELAURO (for herself, Mr. ACK- pending Medicare late enrollment penalties BILBRAY, Ms. SCHAKOWSKY, Mrs. ERMAN, Mr. ALLEN, Mr. BACA, Ms. between ages 65 and 70; to the Committee on DRAKE, Mr. DAVIS of Illinois, and Ms. BALDWIN, Ms. BERKLEY, Mr. BERMAN, Ways and Means, and in addition to the Com- HIRONO): mittee on Energy and Commerce, for a pe- Mr. BERRY, Mr. BISHOP of Georgia, Mr. BISHOP of New York, Mr. H.R. 760. A bill to amend title 38, United riod to be subsequently determined by the States Code, to deem certain service in the Speaker, in each case for consideration of BLUMENAUER, Ms. BORDALLO, Mr. BOSWELL, Mr. BOUCHER, Mr. BURTON organized military forces of the Government such provisions as fall within the jurisdic- of the Commonwealth of the Philippines and tion of the committee concerned. of Indiana, Mr. CAPUANO, Ms. CARSON, Mr. CHANDLER, Mrs. CHRISTENSEN, the Philippine Scouts to have been active By Ms. JACKSON-LEE of Texas: service for purposes of benefits under pro- H.R. 750. A bill to amend the Immigration Mr. CLAY, Mr. CLEAVER, Mr. CON- grams administered by the Secretary of Vet- and Nationality Act to comprehensively re- YERS, Mr. COOPER, Mr. CROWLEY, Mrs. erans Affairs; to the Committee on Veterans’ form immigration law, and for other pur- JO ANN DAVIS of Virginia, Mr. LIN- Affairs. poses; to the Committee on the Judiciary, COLN DAVIS of Tennessee, Mrs. DAVIS By Mr. FORTENBERRY (for himself, and in addition to the Committees on Home- of California, Mr. DEFAZIO, Ms. Mr. TERRY, and Mr. SMITH of Ne- land Security, and Oversight and Govern- DEGETTE, Mr. DICKS, Mr. DINGELL, braska): ment Reform, for a period to be subsequently Mr. DOGGETT, Mr. DOYLE, Mr. EMAN- determined by the Speaker, in each case for UEL, Mr. ENGEL, Ms. ESHOO, Mr. H.R. 761. A bill to authorize the Secretary consideration of such provisions as fall with- FARR, Mr. FATTAH, Mr. FRANK of of Interior to convey to The Missouri River in the jurisdiction of the committee con- Massachusetts, Mr. GERLACH, Mrs. Basin Lewis and Clark Interpretive Trail and cerned. GILLIBRAND, Mr. GONZALEZ, Mr. AL Visitor Center Foundation, Inc. certain Fed- By Ms. GINNY BROWN-WAITE of Flor- GREEN of Texas, Mr. GENE GREEN of eral land associated with the Lewis and Clark National Historic Trail in Nebraska, ida (for herself and Mr. TAYLOR): Texas, Mr. GRIJALVA, Mr. GUTIERREZ, H.R. 751. A bill to expedite payments of Mr. HALL of Texas, Ms. HARMAN, Mr. to be used as an historical interpretive site certain Federal emergency assistance au- HIGGINS, Mr. HINCHEY, Mr. HINOJOSA, along the trail; to the Committee on Natural thorized pursuant to the Robert T. Stafford Ms. HIRONO, Mr. HOLDEN, Mr. HOLT, Resources. ˜ Disaster Relief and Emergency Assistance Ms. HOOLEY, Mr. INSLEE, Mr. ISRAEL, By Mr. FORTUNO (for himself and Mr. Act, and to direct the Secretary of Homeland Mr. JACKSON of Illinois, Ms. JACKSON- BURTON of Indiana): Security to exercise certain authority pro- LEE of Texas, Mr. JEFFERSON, Ms. H.R. 762. A bill to authorize appropriations vided under such Act; to the Committee on EDDIE BERNICE JOHNSON of Texas, Mr. for fiscal year 2008 for voluntary contribu- Transportation and Infrastructure. KANJORSKI, Mr. KENNEDY, Mr. KIL- tions on a grant basis to the Organization of By Mr. BUTTERFIELD (for himself, DEE, Ms. KILPATRICK, Mr. KIND, Mr. American States (OAS) to establish a Center Mr. CONYERS, Ms. LEE, Mr. HONDA, KUCINICH, Mr. LARSEN of Washington, for Caribbean Basin Trade and to establish a and Mr. BACA): Mr. LARSON of Connecticut, Ms. LEE, skills-based training program for Caribbean H.R. 752. A bill to direct Federal agencies Mr. LEVIN, Mr. LEWIS of Georgia, Mr. Basin countries; to the Committee on For- to donate excess and surplus Federal elec- LOBIONDO, Ms. ZOE LOFGREN of Cali- eign Affairs. tronic equipment, including computers, com- fornia, Mrs. LOWEY, Mr. LYNCH, Mrs. By Mr. FORTUN˜ O: puter components, printers, and fax ma- MALONEY of New York, Mr. MARKEY, H.R. 763. A bill to amend the Internal Rev- chines, to qualifying small towns, counties, Ms. MATSUI, Mrs. MCCARTHY of New enue Code of 1986 to make permanent the de- schools, nonprofit organizations, and librar- York, Ms. MCCOLLUM of Minnesota, duction allowable with respect to income at- ies; to the Committee on Oversight and Gov- Mr. MCDERMOTT, Mr. MCGOVERN, Mr. tributable to domestic production activities ernment Reform. MCHUGH, Mr. MCINTYRE, Mr. MCNUL- in Puerto Rico; to the Committee on Ways By Mr. COHEN: TY, Mr. MEEHAN, Ms. MILLENDER- and Means. H.R. 753. A bill to redesignate the Federal MCDONALD, Mr. MILLER of North By Mr. GRIJALVA (for himself and Ms. building located at 167 North Main Street in Carolina, Mr. GEORGE MILLER of Cali- GIFFORDS): Memphis, Tennessee, as the ‘‘Clifford Davis/ fornia, Mr. MOORE of Kansas, Mr. H.R. 764. A bill to expand the boundary of Odell Horton Federal Building‘‘; to the Com- MORAN of Virginia, Mrs. NAPOLITANO, Saguaro National Park, to study additional mittee on Transportation and Infrastruc- Mr. OLVER, Mr. PAYNE, Mr. PRICE of land for future adjustments to the boundary ture. North Carolina, Mr. REYES, Mr. ROSS, of the Park, and for other purposes; to the By Mrs. CUBIN (for herself and Mrs. Mr. ROTHMAN, Ms. ROYBAL-ALLARD, Committee on Natural Resources. MALONEY of New York): Mr. RYAN of Ohio, Ms. LINDA T. By Mr. WELLER: H.R. 754. A bill to designate the National ´ SANCHEZ of California, Ms. H.R. 765. A bill to amend the Internal Rev- Museum of Wildlife Art, located at 2820 SCHAKOWSKY, Mr. SCHIFF, Mr. SCOTT enue Code of 1986 to increase and extend the Rungius Road, Jackson, Wyoming, as the of Georgia, Mr. SCOTT of Virginia, alternative motor vehicle credit for certain National Museum of Wildlife Art of the Mr. SERRANO, Mr. SHAYS, Mr. SHER- flexible fuel hybrid vehicles; to the Com- United States; to the Committee on Natural MAN, Ms. SLAUGHTER, Ms. SOLIS, Mr. mittee on Ways and Means. Resources. SPRATT, Mr. STARK, Mr. STUPAK, Mrs. By Mr. HOLDEN: By Mr. DAVIS of Kentucky (for him- TAUSCHER, Mr. TAYLOR, Mr. THOMP- H.R. 766. A bill to waive the time limita- self, Mr. CASTLE, Mr. SCOTT of Geor- SON of California, Mr. TIERNEY, Mr. tions specified by law in order to allow the gia, Mr. PUTNAM, Mr. HINOJOSA, and TOWNS, Mr. UDALL of Colorado, Ms. Medal of Honor to be awarded posthumously Mr. FEENEY): VELA´ ZQUEZ, Ms. WASSERMAN to Richard L. Etchberger of Hamburg, Penn- H.R. 755. A bill to require annual oral testi- SCHULTZ, Mr. WEINER, Mr. WOLF, Ms. sylvania, for acts of valor on March 11, 1968, mony before the Financial Services Com- WOOLSEY, Mr. WYNN, Mr. CARNEY, while an Air Force Chief Master Sergeant mittee of the Chairperson or a designee of and Mr. WEXLER): the Chairperson of the Securities and Ex- H.R. 758. A bill to require that health plans serving in Southeast Asia during the Viet- change Commission, the Financial Account- provide coverage for a minimum hospital nam era; to the Committee on Armed Serv- ing Standards Board, and the Public Com- stay for mastectomies, lumpectomies, and ices. pany Accounting Oversight Board, relating lymph node dissection for the treatment of By Mr. KIND (for himself, Mr. SAXTON, to their efforts to promote transparency in breast cancer and coverage for secondary Mr. THOMPSON of California, Mr. CAS- financial reporting; to the Committee on Fi- consultations; to the Committee on Energy TLE, Mr. BOYD of Florida, Mr. nancial Services. and Commerce, and in addition to the Com- MCCOTTER, Mr. FORTUN˜ O, Mr. By Ms. DEGETTE: mittees on Ways and Means, and Education GILCHREST, Mr. EHLERS, Mr. PAYNE, H.R. 756. A bill to amend the Help America and Labor, for a period to be subsequently Mr. ORTIZ, Mrs. NAPOLITANO, and Mr. Vote Act of 2002 to direct the Election As- determined by the Speaker, in each case for SHAYS): sistance Commission to develop and adopt consideration of such provisions as fall with- H.R. 767. A bill to protect, conserve, and re- guidelines for electronic poll books in the in the jurisdiction of the committee con- store native fish, wildlife, and their natural same manner as the Commission develops cerned. habitats at national wildlife refuges through

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cooperative, incentive-based grants to con- By Ms. MCCOLLUM of Minnesota (for ALTMIRE, Mr. DEFAZIO, Ms. DELAURO, trol, mitigate, and eradicate harmful non- herself, Mr. BISHOP of New York, and Mr. DOYLE, Mr. EHLERS, Ms. FOXX, native species, and for other purposes; to the Mr. GRIJALVA): Mr. GERLACH, Mr. HAYES, Mr. HOLT, Committee on Natural Resources. H.R. 773. A bill to reduce and prevent the Mr. KILDEE, Mr. LIPINSKI, Mr. MAN- By Mr. KING of New York (for himself, sale and use of fraudulent degrees in order to ZULLO, Mr. MCGOVERN, Mr. MCHUGH, Mr. DUNCAN, Mr. GINGREY, Mr. HALL protect the integrity of valid higher edu- Mr. MEEK of Florida, Mr. MICHAUD, of Texas, Mr. TAYLOR, Mr. PAUL, Mr. cation degrees that are used for Federal pur- Mrs. MILLER of Michigan, Mr. MOL- KING of Iowa, Mr. ROYCE, Mr. ALEX- poses; to the Committee on Education and LOHAN, Mrs. MYRICK, Mr. NORWOOD, ANDER, Mrs. JO ANN DAVIS of Vir- Labor, and in addition to the Committees on Mr. RENZI, Mr. ROHRABACHER, Mr. ginia, Mr. NORWOOD, Mr. MILLER of Energy and Commerce, Oversight and Gov- SAXTON, Ms. SCHAKOWSKY, Mr. SEN- Florida, Mr. ROHRABACHER, Mr. ernment Reform, the Judiciary, and Rules, SENBRENNER, Mr. SOUDER, Mr. SPACE, GALLEGLY, Mr. MCCOTTER, Mr. for a period to be subsequently determined Ms. SUTTON, Mr. WALZ of Minnesota, PLATTS, Mr. SOUDER, Mr. SESSIONS, by the Speaker, in each case for consider- and Mr. WILSON of South Carolina): Mrs. CUBIN, Mr. GOODE, Mr. MCKEON, ation of such provisions as fall within the ju- H.R. 782. A bill to amend title VII of the Mrs. BLACKBURN, Mr. BAKER, Mr. risdiction of the committee concerned. Tariff Act of 1930 to provide that exchange- STEARNS, Mr. RAMSTAD, Mr. BILI- By Mr. MCCOTTER: rate misalignment by any foreign nation is a H.R. 774. A bill to amend the Public Health RAKIS, Mr. CULBERSON, Ms. GINNY countervailable export subsidy, to amend the Service Act to extend the program of grants BROWN-WAITE of Florida, Mr. TERRY, Exchange Rates and International Economic for rape prevention education, and for other Mr. WILSON of South Carolina, Mrs. Policy Coordination Act of 1988 to clarify the purposes; to the Committee on Energy and MYRICK, Mr. BACHUS, and Mr. PRICE definition of manipulation with respect to Commerce. of Georgia): currency, and for other purposes; to the By Mr. MCHUGH: Committee on Ways and Means, and in addi- H.R. 768. A bill to provide that Executive H.R. 775. A bill making supplemental ap- Order 13166 shall have no force or effect, and tion to the Committees on Financial Serv- propriations for defense and for the recon- ices, Foreign Affairs, and Armed Services, to prohibit the use of funds for certain pur- struction of Iraq for the fiscal year ending for a period to be subsequently determined poses; to the Committee on Oversight and September 30, 2007, and requiring the Presi- by the Speaker, in each case for consider- Government Reform. dent to submit a request for additional fund- ation of such provisions as fall within the ju- By Mr. KING of New York (for himself, ing after certifying substantial progress has risdiction of the committee concerned. Mr. DUNCAN, Mr. GINGREY, Mr. TAY- been made in Iraq in meeting certain per- By Mr. SALAZAR: LOR, Mr. PAUL, Mr. KING of Iowa, Mr. formance measures; to the Committee on ROYCE, Mr. ALEXANDER, Mrs. JO ANN H.R. 783. A bill to modify the boundary of Appropriations. Mesa Verde National Park, and for other DAVIS of Virginia, Mr. NORWOOD, Mr. By Mr. MEEHAN (for himself, Mr. MILLER of Florida, Mr. ROHRABACHER, purposes; to the Committee on Natural Re- SHAYS, Mr. PRICE of North Carolina, sources. Mr. GALLEGLY, Mr. LATOURETTE, Mr. Mr. VAN HOLLEN, Mr. EMANUEL, and By Mr. SAXTON (for himself, Mr. CAL- MCCOTTER, Mr. HAYES, Mr. SOUDER, Mr. FRANK of Massachusetts): VERT, Mr. PAUL, Mr. MICA, Mr. MIL- Mr. SESSIONS, Mr. WAMP, Mrs. CUBIN, H.R. 776. A bill to amend the Internal Rev- LER of Florida, Mr. BONNER, Mr. Mr. GOODE, Mr. MCKEON, Mrs. enue Code of 1986 to reform the system of LOBIONDO, Mr. GUTIERREZ, Ms. KAP- BLACKBURN, Mr. BAKER, Mr. public financing for Presidential elections, TUR, Mr. BARTLETT of Maryland, Mr. KNOLLENBERG, Mr. BILIRAKIS, Mr. and for other purposes; to the Committee on CULBERSON, Ms. GINNY BROWN-WAITE House Administration, and in addition to the DEFAZIO, Mr. MCGOVERN, Mr. PAS- of Florida, Mr. WILSON of South Caro- Committee on Ways and Means, for a period TOR, Mr. FILNER, Mr. LAHOOD, Mrs. lina, Mr. LUCAS, Mrs. MYRICK, Mr. to be subsequently determined by the Speak- DRAKE, Mr. BOOZMAN, Mr. TAYLOR, BACHUS, Mr. PRICE of Georgia, Mr. er, in each case for consideration of such pro- Mr. MCCOTTER, Ms. WOOLSEY, Mr. COBLE, and Mr. CAMPBELL of Cali- visions as fall within the jurisdiction of the GONZALEZ, Mr. GARRETT of New Jer- fornia): committee concerned. sey, Mr. MEEHAN, Mr. MARSHALL, Mr. ˜ H.R. 769. A bill to amend title 4, United By Mr. PALLONE: HALL of Texas, Mr. FORTUNO, Mr. States Code, to declare English as the offi- H.R. 777. A bill to amend the Outer Conti- HAYES, Mr. JONES of North Carolina, cial language of the Government of the nental Shelf Lands Act to permanently pro- Mr. WILSON of South Carolina, Mr. United States, and for other purposes; to the hibit the conduct of offshore drilling on the MORAN of Virginia, Mr. COSTELLO, Committee on Education and Labor, and in outer Continental Shelf in the Mid-Atlantic Mr. GALLEGLY, Mr. NORWOOD, Mr. addition to the Committee on the Judiciary, and North Atlantic planning areas; to the REYES, Mr. LATOURETTE, Mr. SOUDER, for a period to be subsequently determined Committee on Natural Resources. Mr. SMITH of New Jersey, and Mr. by the Speaker, in each case for consider- By Mr. WELLER: KILDEE): H.R. 784. A bill to amend title 10, United ation of such provisions as fall within the ju- H.R. 778. A bill to amend the Internal Rev- States Code, to change the effective date for risdiction of the committee concerned. enue Code of 1986 to make permanent the paid-up coverage under the military Sur- By Ms. LEE (for herself, Ms. WOOLSEY, residential energy efficient property credit; vivor Benefit Plan; to the Committee on Mr. KUCINICH, Mr. CONYERS, and Ms. to the Committee on Ways and Means. Armed Services. WATERS): By Mr. REYNOLDS (for himself and Mr. RAMSTAD): By Mr. SENSENBRENNER: H.R. 770. A bill to prohibit the use of funds H.R. 785. A bill to amend title 28, United to carry out any covert action for the pur- H.R. 779. A bill to amend the Internal Rev- enue Code of 1986 to double the damages, States Code, to provide an Inspector General pose of causing regime change in Iran or to fines, and penalties for the unauthorized in- for the judicial branch, and for other pur- carry out any military action against Iran in spection or disclosure of returns and return poses; to the Committee on the Judiciary. the absence of an imminent threat, in ac- information, and for other purposes; to the By Ms. LINDA T. SA´ NCHEZ of Cali- cordance with international law and con- Committee on Ways and Means. fornia (for herself and Mrs. stitutional and statutory requirements for By Mr. ROGERS of Michigan (for him- NAPOLITANO): congressional authorization; to the Com- self and Mr. GENE GREEN of Texas): H.R. 786. A bill to amend the Reclamation mittee on Foreign Affairs, and in addition to H.R. 780. A bill to amend the Federal Food, Wastewater and Groundwater Study and Fa- the Committees on Armed Services, and In- Drug, and Cosmetic Act with respect to cilities Act to authorize the Secretary of the telligence (Permanent Select), for a period counterfeit drugs, and for other purposes; to Interior to participate in the Los Angeles to be subsequently determined by the Speak- the Committee on Energy and Commerce, County Water Supply Augmentation Dem- er, in each case for consideration of such pro- and in addition to the Committee on the Ju- onstration Project, and for other purposes; visions as fall within the jurisdiction of the diciary, for a period to be subsequently de- to the Committee on Natural Resources. committee concerned. termined by the Speaker, in each case for By Mr. THOMPSON of California (for By Mr. LEWIS of California: consideration of such provisions as fall with- himself and Mr. PATRICK MURPHY of H.R. 771. A bill to amend the Reclamation in the jurisdiction of the committee con- Pennsylvania): Wastewater and Groundwater Study and Fa- cerned. H.R. 787. A bill to state United States pol- cilities Act to authorize the Secretary of the By Mr. ROSS (for himself, Mr. BERRY, icy for Iraq, and for other purposes; to the Interior to participate in the Southern Cali- Mr. BOOZMAN, and Mr. SNYDER): Committee on Armed Services, and in addi- fornia Desert Region Integrated Water and H.R. 781. A bill to redesignate Lock and tion to the Committees on Foreign Affairs, Economic Sustainability Plan; to the Com- Dam No. 5 of the McClellan-Kerr Arkansas and Rules, for a period to be subsequently mittee on Natural Resources. River Navigation System near Redfield, Ar- determined by the Speaker, in each case for By Mrs. LOWEY (for herself, Mrs. kansas, authorized by the Rivers and Har- consideration of such provisions as fall with- CAPPS, and Mr. KING of New York): bors Act approved July 24, 1946, as the ‘‘Colo- in the jurisdiction of the committee con- H.R. 772. A bill to amend the Public Health nel Charles D. Maynard Lock and Dam’’; to cerned. Service Act to authorize capitation grants to the Committee on Transportation and Infra- By Mr. TIERNEY (for himself and Mr. increase the number of nursing faculty and structure. RAMSTAD): students, and for other purposes; to the Com- By Mr. RYAN of Ohio (for himself, Mr. H.R. 788. A bill to amend the Federal Food, mittee on Energy and Commerce. HUNTER, Ms. SLAUGHTER, Mr. Drug, and Cosmetic Act with respect to drug

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safety, and for other purposes; to the Com- By Ms. MILLENDER-MCDONALD: acknowledge, apologize, and accept histor- mittee on Energy and Commerce. H. Con. Res. 52. Concurrent resolution sup- ical responsibility in a clear and unequivocal By Mr. TOWNS (for himself, Mrs. porting the goals and ideals of American manner for its Imperial Armed Force’s coer- CHRISTENSEN, Mr. CONYERS, and Ms. Heart Month; to the Committee on Energy cion of young women into sexual slavery, LEE): and Commerce. known to the world as ‘‘comfort women’’, H.R. 789. A bill to amend the Public Health By Mr. DAVIS of Kentucky (for him- during its colonial and wartime occupation Service Act to establish an Office of Men’s self, Mr. WHITFIELD, Mr. LEWIS of of Asia and the Pacific Islands from the 1930s Health, and for other purposes; to the Com- Kentucky, Mr. CHANDLER, Mr. through the duration of World War II; to the mittee on Energy and Commerce. YARMUTH, Mr. ROGERS of Kentucky, Committee on Foreign Affairs. By Mr. UDALL of Colorado (for himself Mr. PITTS, Mr. SHUSTER, Mr. HOLDEN, By Mr. HONDA (for himself, Mr. COSTA, and Mr. SALAZAR): Mr. DOYLE, Mr. BRADY of Pennsyl- Mr. BECERRA, Mr. WU, Mr. SCOTT of H.R. 790. A bill to provide permanent fund- vania, and Mr. GERLACH): Virginia, Mr. ABERCROMBIE, Ms. ing for the payment in lieu of taxes program, H. Res. 117. A resolution honoring the con- HIRONO, Ms. BORDALLO, and Ms. MAT- and for other purposes; to the Committee on tributions of Barbaro to the Commonwealths SUI): Natural Resources. of Kentucky and Pennsylvania and to Amer- H. Res. 122. A resolution recognizing the By Mr. WELLER: ica’s horseracing industry; to the Committee significance of the 65th anniversary of the H.R. 791. A bill to increase the renewable on Oversight and Government Reform. signing of Executive Order 9066 by President fuel content of gasoline sold in the United By Mr. CLEAVER (for himself, Mr. Franklin D. Roosevelt and supporting the States by the year 2025 to 25 billion gallons, FRANK of Massachusetts, and Mr. goals of the Japanese American, German and for other purposes; to the Committee on BLUNT): American, and Italian American commu- Energy and Commerce. H. Res. 118. A resolution condemning the nities in recognizing a National Day of Re- By Mr. WELLER: existence of racially restrictive covenants in membrance to increase public awareness of H.R. 792. A bill to amend the Energy Policy housing documents and urging States adopt the events surrounding the restriction, ex- Act of 1992 to direct the head of each Federal legislation similar to that which was enacted clusion, and internment of individuals and agency to ensure that, in areas in which eth- in California to address the issue; to the families during World War II; to the Com- anol-blended gasoline is reasonably available Committee on the Judiciary. mittee on the Judiciary. at a generally competitive price, the Federal By Mr. COSTA (for himself, Mr. POE, By Mr. MCCOTTER: agency purchases ethanol-blended gasoline Mr. ORTIZ, Mr. MOORE of Kansas, Mr. H. Res. 123. A resolution expressing the containing at least 10 percent ethanol rather FALEOMAVAEGA, Mr. MCCAUL of sense of the House of Representatives that than nonethanol-blended gasoline, for use in Texas, Mr. HOLT, Mr. GRIJALVA, Mr. there should be established a National Kid- vehicles used by the agency that use gaso- HOLDEN, Mr. PAYNE, Mr. LARSEN of ney Cancer Awareness Month, and for other line; to the Committee on Oversight and Washington, Mr. REICHERT, Mr. purposes; to the Committee on Energy and Government Reform. MCHUGH, Mr. CHABOT, Mrs. MALONEY Commerce. By Mr. WELLER: of New York, Ms. DELAURO, Ms. MAT- H.R. 793. A bill to amend the Internal Rev- SUI, Mr. INSLEE, Mr. ROYCE, Mr. f enue Code of 1986 to make permanent the re- SHADEGG, Mr. RUPPERSBERGER, Mr. PRIVATE BILLS AND newable electricity production credit; to the FOSSELLA, Mr. DOYLE, Mr. BILIRAKIS, RESOLUTIONS Committee on Ways and Means. Mr. DUNCAN, Mr. WYNN, Mr. BERMAN, By Mr. WELLER: Mr. GENE GREEN of Texas, Mr. HALL Under clause 3 of rule XII, private H.R. 794. A bill to amend the Internal Rev- of Texas, Mrs. DRAKE, Mr. JORDAN, enue Code of 1986 to make permanent the bills and resolutions of the following Mr. BACA, Mr. COHEN, and Mr. credit for electricity produced from wind; to titles were introduced and severally re- MCCOTTER): the Committee on Ways and Means. H. Res. 119. A resolution supporting the ferred, as follows: By Mr. BUCHANAN (for himself, Mr. mission and goals of National Crime Vic- By Mr. PETRI: MICA, Mr. MILLER of Florida, and Mr. tims’ Rights Week in order to increase public H.R. 795. A bill to authorize and request MARIO DIAZ-BALART of Florida): awareness of the rights, needs, and concerns the President to award the Medal of Honor H.J. Res. 21. A joint resolution proposing a of victims and survivors of crime in the to James Megellas, formerly of Fond du Lac, balanced budget amendment to the Constitu- United States during such week and Wisconsin, and currently of Colleyville, tion of the United States; to the Committee throughout the year; to the Committee on Texas, for acts of valor on January 28, 1945, on the Judiciary. the Judiciary. during the Battle of the Bulge in World War By Ms. GRANGER (for herself, Ms. By Ms. DELAURO (for herself, Mr. II; to the Committee on Armed Services. SLAUGHTER, and Mr. FRELINGHUYSEN): LEWIS of Georgia, Mr. VAN HOLLEN, By Mr. HOLDEN: H. Con. Res. 48. Concurrent resolution rec- H.R. 796. A bill to authorize and request ognizing the efforts and contributions of the Mrs. JONES of Ohio, Mr. RAHALL, Mr. the President to award the Medal of Honor members of the Monuments, Fine Arts, and EHLERS, Ms. CASTOR, Ms. MATSUI, Ms. to Richard D. Winters, of Hershey, Pennsyl- Archives program under the Civil Affairs and WOOLSEY, Mr. SHAYS, Mr. HINCHEY, vania, for acts of valor on June 6, 1944, in Military Government Sections of the United Mr. SNYDER, Mr. LARSON of Con- Normandy, France, while an officer in the States Armed Forces during and following necticut, Mr. CUMMINGS, Ms. 101st Airborne Division; to the Committee on World War II who were responsible for the MILLENDER-MCDONALD, Mrs. Armed Services. preservation, protection, and restitution of MALONEY of New York, Mr. SCOTT of artistic and cultural treasures in countries Virginia, Mr. PAYNE, Mr. DAVIS of f occupied by the Allied armies; to the Com- Alabama, Mr. RANGEL, Ms. JACKSON- mittee on Armed Services. LEE of Texas, Mr. GRIJALVA, Ms. ADDITIONAL SPONSORS By Mr. JONES of North Carolina: SCHAKOWSKY, Mr. BERRY, Mr. ORTIZ, Under clause 7 of rule XII, sponsors H. Con. Res. 49. Concurrent resolution rec- Ms. CARSON, Ms. NORTON, Ms. were added to public bills and resolu- SLAUGHTER, Mr. FATTAH, Mr. RUSH, ognizing the 75th anniversary of the Military tions as follows: Order of the Purple Heart and commending Mr. BERMAN, Mr. GORDON, Mr. CON- recipients of the Purple Heart for their cou- YERS, Mr. BOYD of Florida, Mr. GON- H.R. 14: Mr. NORWOOD. rageous demonstrations of gallantry and her- ZALEZ, Mr. HOLT, Ms. EDDIE BERNICE H.R. 17: Mr. ENGLISH of Pennsylvania, Mr. oism on behalf of the United States; to the JOHNSON of Texas, Mr. MCDERMOTT, GOHMERT, Mr. LOEBSACK, Mr. KIND, Mr. POR- Committee on Armed Services. Mr. CLAY, Mr. COOPER, Mr. TOWNS, TER, Mr. COSTELLO, Ms. CORRINE BROWN of By Mr. FORTUN˜ O (for himself, Mr. Mr. BISHOP of Georgia, Mr. JEFFER- Florida, Mr. KUCINICH, Mr. MCCARTHY of MCCOTTER, Mr. MACK, Mr. ROGERS of SON, Mr. BUTTERFIELD, Mrs. California, Mr. FILNER, Mr. WALZ of Min- Michigan, Mr. LINCOLN DIAZ-BALART CHRISTENSEN, Ms. MCCOLLUM of Min- nesota, Mr. ROGERS of Alabama, Mr. of Florida, Mr. MARIO DIAZ-BALART of nesota, Mr. PRICE of North Carolina, ADERHOLT, Mr. HASTINGS of Florida, Mr. Florida, Mr. LINDER, Mr. PEARCE, Mr. Mr. ROSS, Mr. BECERRA, Mr. SIRES, CARDOZA, Mr. ISSA, Mr. BERMAN, and Mr. TANCREDO, Mr. BROWN of South Caro- Mr. KILDEE, Mr. WYNN, and Mr. MCGOVERN. lina, Mr. SOUDER, and Mr. HONDA): H.R. 22: Mr. TIAHRT. FORTENBERRY): H. Res. 120. A resolution recognizing the H.R. 25: Mr. AKIN, Mr. FLAKE, and Mr. H. Con. Res. 50. Concurrent resolution call- African American spiritual as a national KINGSTON. ing on the Government of Venezuela to up- treasure; to the Committee on Education H.R. 36: Mr. LIPINSKI. hold the human rights and civil liberties of and Labor. H.R. 37: Mr. MCCAUL of Texas and Mr. LI- the people of Venezuela; to the Committee By Mr. HONDA (for himself, Mr. SMITH PINSKI. on Foreign Affairs. of New Jersey, Mr. ROYCE, Ms. WAT- H.R. 65: Mr. SMITH of Texas. By Ms. MILLENDER-MCDONALD: SON, Mr. HARE, Ms. BORDALLO, and H.R. 87: Mr. PITTS, Mr. UPTON, Mr. JINDAL, H. Con. Res. 51. Concurrent resolution sup- Mr. WU): and Mr. CAMPBELL of California. porting the goals and ideals of National Wear H. Res. 121. A resolution expressing the H.R. 89: Mr. DAVIS of Kentucky, Mr. LIN- Red Day; to the Committee on Energy and sense of the House of Representatives that COLN DIAZ-BALART of Florida, and Mrs. Commerce. the Government of Japan should formally DRAKE.

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H.R. 100: Mr. MCCAUL of Texas and Mr. H.R. 503: Mr. KLEIN of Florida, Mr. OLVER, LOR, Mr. THOMPSON of California, Mr. WILSON GRIJALVA. Ms. SHEA-PORTER, Mr. KUCINICH, Mr. of Ohio, Ms. HOOLEY, Mr. FILNER, Mr. H.R. 101: Mr. PATRICK MURPHY of Pennsyl- WEXLER, Mr. BAIRD, Mr. MCNERNEY, Mr. LANGEVIN, Mr. CARNEY, Mr. BACHUS, Mr. vania, Mr. KUCINICH, Mr. WEXLER, and Mr. LEVIN, Mrs. MCCARTHY of New York, Mr. HARE, Mr. MEEKS of New York, Mr. BACA, BLUMENAUER. LOBIONDO, Mrs. MYRICK, Mr. WU, and Mr. Ms. WATERS, Mr. ACKERMAN, Mr. CLEAVER, H.R. 111: Mr. WYNN, Mr. BARTLETT of Mary- DELAHUNT. Mr. GILLMOR, Mr. JONES of North Carolina, land, Mr. KIRK, Mrs. NAPOLITANO, Mrs. BONO, H.R. 506: Mr. CASTLE, Mr. DOOLITTLE, and Mr. SHERMAN, Ms. MOORE of Wisconsin, Mr. Mr. ABERCROMBIE, Mr. YOUNG of Alaska, Ms. Mr. SESSIONS. ELLISON, Mr. MANZULLO, Ms. CARSON, Mr. HOOLEY, and Mr. INSLEE. H.R. 507: Mr. BLUMENAUER, Mr. LATHAM, HINCHEY, Mr. COOPER, Mr. MORAN of Kansas, H.R. 180: Mr. VAN HOLLEN, Mr. FATTAH, and Mr. PRICE of North Carolina, Mr. WYNN, Mr. Mr. HULSHOF, Mr. DREIER, Mr. NEAL of Mas- Mr. CUMMINGS. AL GREEN of Texas, Mr. MURPHY of Con- sachusetts, Mr. CRAMER, Mr. EMANUEL, Mr. H.R. 191: Mr. MILLER of Florida. necticut, Ms. SCHAKOWSKY, Mr. PAYNE, and UDALL of New Mexico, Mr. CROWLEY, Mr. H.R. 192: Mr. BARTLETT of Maryland. Mr. CUELLAR. LARSON of Connecticut, Mr. HONDA, Ms. H.R. 195: Ms. GINNY BROWN-WAITE of Flor- H.R. 508: Mr. OLVER. SCHWARTZ, Mr. LEWIS of Georgia, Mrs. DAVIS ida. H.R. 510: Mr. HALL of Texas, Mr. WELDON of of California, Mr. SHIMKUS, Ms. PRYCE of H.R. 196: Mr. PETERSON of Minnesota. Florida, Mr. PLATTS, and Mr. TANCREDO. Ohio, Mr. STEARNS, Mr. GUTIERREZ, Mr. H.R. 197: Ms. SHEA-PORTER, Mr. PETERSON H.R. 511: Mr. GOODE, Mr. JINDAL, Mr. CAPUANO, Mr. HINOJOSA, Mrs. MCCARTHY of of Minnesota, Mr. HONDA, Mr. KUCINICH, Mr. MCKEON, Mr. THORNBERRY, Mr. SHAYS, Mr. New York, Mr. CLAY, Mr. KLEIN of Florida, LINCOLN DIAZ-BALART of Florida, Mr. MILLER BARRETT of South Carolina, Mr. ROGERS of Ms. SCHAKOWSKY, Mr. SPRATT, Mr. TOM of Florida, and Mr. BOOZMAN. Alabama, Mr. LATHAM, Mrs. BACHMANN, Mr. DAVIS of Virginia, Mr. MEEHAN, Mr. MCGOV- H.R. 205: Mr. PORTER. FEENEY, Mr. TERRY, Mr. NORWOOD, and Mr. ERN, Mr. BROWN of South Carolina, Ms. H.R. 207: Mr. WEXLER. PITTS. BERKLEY, Mr. JACKSON of Illinois, Mrs. WIL- H.R. 210: Mr. MCDERMOTT. H.R. 512: Ms. VELA´ ZQUEZ, Mr. SHIMKUS, Ms. SON of New Mexico, Mr. MCKEON, Mr. POR- H.R. 211: Mr. KUHL of New York. SUTTON, Ms. LEE, Ms. DELAURO, Ms. CORRINE TER, Mrs. DRAKE, Mr. PRICE of Georgia, Mr. H.R. 241: Mr. PAUL. BROWN of Florida, Ms. MATSUI, Mr. MORAN of SHAYS, Mr. KUHL of New York, Mr. CHABOT, H.R. 249: Mr. TOM DAVIS of Virginia. Virginia, Ms. MOORE of Wisconsin, Mrs. Mr. GOHMERT, Mr. MCHENRY, Mr. SHUSTER, H.R. 274: Mr. BUYER. CHRISTENSEN, Ms. KILPATRICK, Mr. NADLER, Mrs. CAPITO, Mr. THORNBERRY, Mr. SESSIONS, H.R. 279: Mr. GARRETT of New Jersey. Mr. CLEAVER, Mr. KUCINCH, Mr. MARKEY, Mr. Ms. GRANGER, Mr. YOUNG of Florida, Mr. H.R. 281: Mr. GRIJALVA. KUHL of New York, and Mr. SHERMAN. HENSARLING, Mrs. SCHMIDT, Mr. CASTLE, Mrs. H.R. 303: Mrs. DRAKE, Mr. FORBES, Mr. H.R. 522: Mr. BERMAN, Mr. NADLER, and Ms. BONO, Mr. PLATTS, Mr. AKIN, Mr. FRELING- SMITH of New Jersey, Mr. PLATTS, Mr. GOR- WATSON. HUYSEN, Mr. WALBERG, Mr. TIAHRT, Mr. DON, Mr. NORWOOD, Mr. CLAY, Mr. HOLDEN, H.R. 526: Mr. WALZ of Minnesota. WELDON of Florida, Mr. CONAWAY, Mr. HOB- Mr. LINCOLN DIAZ-BALART of Florida, Mr. H.R. 539: Mr. NADLER, Ms. JACKSON-LEE of SON, Mr. GOODLATTE, Mr. BARTON of Texas, BOUCHER, Mr. KUCINICH, and Mr. MILLER of Texas, Mr. WEINER, Ms. HOOLEY, Mr. Mr. WALDEN of Oregon, Mr. DAVIS of Ken- Florida. BLUMENAUER, Mr. HIGGINS, Mr. HONDA, Ms. tucky, Mr. CANTOR, Mr. LAHOOD, Mr. DICKS, H.R. 312: Mr. MILLER of Florida. MATSUI, Mr. SCOTT of Virginia, and Ms. CAR- Ms. KAPTUR, Mr. KILDEE, Mrs. EMERSON, Mr. H.R. 322: Mr. SMITH of New Jersey. SON. SMITH of Washington, Mr. REYNOLDS, Mr. H.R. 332: Mr. CAMPBELL of California, Mrs. H.R. 542: Mr. GUTIERREZ, Mr. KUCINICH, Ms. ENGLISH of Pennsylvania, Mr. BECERRA, Mrs. CAPITO, Mr. ROHRABACHER, Mr. SULLIVAN, LEE, Mr. REYES, and Ms.WOOLSEY. TAUSCHER, Mr. OBERSTAR, Mr. GEORGE MIL- Mr. KLINE of Minnesota, Mr. SESSIONS, Mr. H.R. 545: Mr. BOSWELL and Mr. LARSEN of LER of California, and Mr. SCHIFF. BARRETT of South Carolina, Mr. WESTMORE- Washington. H.R. 635: Mr. KIRK and Mr. WALBERG. LAND, Mr. WILSON of South Carolina, and Ms. H.R. 549: Mr. BLUMENAUER, Mrs. MYRICK, H.R. 649: Mr. MARKEY. FOXX. Mr. WILSON of South Carolina, and Mr. MIL- H.R. 651: Mr. MILLER of Florida. H.R. 333: Mr. EDWARDS and Ms. ZOE LER of Florida. H.R. 653: Mrs. LOWEY. LOFGREN of California. H.R. 553: Ms. SCHAKOWSKY, Ms. BEAN, and H.R. 656: Mr. GERLACH. H.R. 359: Mr. BAIRD, Mr. KUCINICH, Mr. Mr. KUCINICH. H.R. 661: Mr. CLAY and Mr. CASTLE. GENE GREEN of Texas, Ms. SCHAKOWSKY, Mr. H.R. 556: Mr. CLAY, Mr. ISRAEL, Mr. BARTON H.R. 670: Ms. BALDWIN. BECERRA, Mr. STARK, Mr. TOWNS, Ms. WA- of Texas, Mr. WATT, and Ms. HARMAN. H.R. 677: Mr. COSTA, Mr. AL GREEN of TERS, Mr. SNYDER, Mr. RODRIGUEZ, Mr. HIN- H.R. 566: Mr. GRIJALVA. Texas, and Mr. BLUMENAUER. CHEY, Mr. INSLEE, and Mr. MARKEY. H.R. 569: Mr. SIRES and Mr. HARE. H.R. 684: Mr. BISHOP of New York. H.R. 365: Mr. BRALEY of Iowa, Mr. MOORE of H.R. 579: Mr. PRICE of North Carolina, Ms. H.R. 690: Mr. SOUDER, Mr. KILDEE, Mr. Kansas, Mr. MARKEY, Mr. TERRY, Mr. DON- GINNY BROWN-WAITE of Florida, Ms. BALD- HARE, Mr. SCOTT of Virginia, Mr. GORDON, NELLY, Mr. MCNERNEY, Mr. ROSS, Ms. WIN, Mr. CHANDLER and Mr. MILLER of North Ms. HOOLEY, and Mr. DELAHUNT. HERSETH, Ms. HIRONO, Mr. BERRY, and Mr. Carolina. H.R. 698: Mr. LINCOLN DAVIS of Tennessee, MELANCON. H.R. 584: Mr. TANNER. Mr. ELLISON, Mr. CAPUANO, and Mr. WELCH of H.R. 370: Mr. SOUDER. H.R. 588: Ms. HIRONO. Vermont. H.R. 380: Mr. AL GREEN of Texas, Ms. KAP- H.R. 590: Mr. BURTON of Indiana, Mr. MIL- H.R. 699: Mr. KLINE of Minnesota, Mr. TUR, Mr. DELAHUNT, Mr. WEXLER, and Mr. LER of Florida, and Mrs. MYRICK. FORBES, Mr. PUTNAM, and Mr. BISHOP of NADLER. H.R. 608: Mr. BUYER, Mr. ROGERS of Michi- Utah. H.R. 395: Ms. JACKSON-LEE of Texas and Mr. gan, and Mr. TERRY. H.R. 706: Mr. BERMAN. MCHUGH. H.R. 618: Mrs. BACHMANN, Mr. PRICE of H.R. 711: Mr. CUELLAR, Mr. LEWIS of Ken- H.R. 411: Mr. BUCHANAN, Mr. KUHL of New Georgia, Mr. KINGSTON, and Mr. KING of tucky, Mr. COHEN, and Mr. MCCOTTER. York, Mrs. DRAKE, Mr. SESSIONS, Mr. SIMP- Iowa. H.R. 713: Mr. HIGGINS and Mr. ARCURI. C OLLUM SON, Mrs. BIGGERT, Ms. FOXX, Mr. H.R. 620: Mr. LIPINSKI, Mr. MICHAUD, and H.R. 714: Ms. M C of Minnesota and ALZ NEUGEBAUER, Mr. FORBES, Mr. TERRY, Mrs. Mr. WU. Mr. W of Minnesota. H.R. 720: Mr. SAXTON. MYRICK, Mr. GILLMOR, Mr. YOUNG of Alaska, H.R. 625: Mrs. CAPPS, Mr. GEORGE MILLER H.R. 724: Mr. PUTNAM. Mr. GARY G. MILLER of California, Mr. POE, of California, Ms. WATSON, and Ms. WOOLSEY. H.R. 725: Mr. TIAHRT. Mr. FEENEY, Mr. MCHENRY, Mr. KING of Iowa, H.R. 628: Mr. KELLER, Mr. SHAYS, Mr. H.R. 737: Ms. HIRONO. Mr. ISSA, and Mr. PETERSON of Pennsylvania. FORTUN˜ O, Mr. PAUL, Mr. SNYDER, Mr. H.J. Res. 3: Mr. WAMP. MCNULTY, Mr. RAMSTAD, Ms. SCHWARTZ, Mrs. H.R. 418: Mr. MILLER of Florida, Mrs. H.J. Res. 14: Mr. BISHOP of New York. MCMORRIS RODGERS, Mr. BRADY of Pennsyl- MCCARTHY of New York, Ms. JACKSON-LEE of H.J. Res. 16: Mr. CULBERSON and Mr. BUR- vania, and Mr. GRIJALVA. Texas, Mr. BURTON of Indiana, Mr. TON of Indiana. H.R. 423: Mr. PAYNE, Mr. MCHUGH, and Ms. MCCOTTER, and Mr. WOLF. H.J. Res. 18: Mr. McNerney. GINNY BROWN-WAITE of Florida. H.R. 631: Mr. BARRETT of South Carolina. H. Con. Res. 9: Mr. ELLISON, Ms. H.R. 446: Ms. JACKSON-LEE of Texas. H.R. 634: Mr. ARCURI, Mr. BARROW, Mr. WASSERMAN SCHULTZ, and Mr. BACA. H.R. 461: Mr. CLEAVER, Ms. CORRINE BROWN BERRY, Mr. BISHOP of Georgia, Mr. BOREN, H. Con. Res. 21: Ms. MATSUI, Mr. SMITH of of Florida, and Mr. SHERMAN. Mr. BOSWELL, Mr. BOYD of Florida, Mr. Texas, Mr. MURPHY of Connecticut, and Mr. H.R. 463: Ms. HIRONO. CARDOZA, Mr. CHANDLER, Mr. COSTA, Mr. LIN- CARNAHAN. H.R. 468: Mr. KENNEDY, Mr. STARK, Ms. COLN DAVIS of Tennessee, Mr. DONNELLY, H. Con. Res. 25: Mr. GRAVES, Mr. REHBERG, LEE, Mr. WYNN, Mr. FARR, and Mr. HONDA. Mrs. GILLIBRAND, Ms. HARMAN, Ms. HERSETH, Mr. PITTS, and Ms. JACKSON-LEE of Texas. H.R. 486: Mr. DEAL of Georgia, Mr. PETRI, Mr. HILL, Mr. HOLDEN, Mr. ISRAEL, Mr. H. Con. Res. 35: Ms. WATSON. Mr. PEARCE, Mr. BARRETT of South Carolina, MAHONEY of Florida, Mr. MARSHALL, Mr. H. Con. Res. 37: Mr. GARY G. MILLER of Mr. Fortun˜ o, Mr. WILSON of South Carolina, MATHESON, Mr. MCINTYRE, Mr. MELANCON, California. Mr. BARTLETT of Maryland, Mrs. BLACKBURN, Mr. MICHAUD, Mr. PATRICK MURPHY of Penn- H. Con. Res. 44: Mr. WATT, Mr. JOHNSON of Mr. AKIN, Mr. ISSA, and Mr. KING of Iowa. sylvania, Mr. PETERSON of Minnesota, Mr. Georgia, Mr. SHIMKUS, Ms. SCHWARTZ, and H.R. 491: Mr. GRIJALVA. POMEROY, Mr. ROSS, Mr. SALAZAR, Ms. LO- Ms. MOORE of Wisconsin. H.R. 493: Mr. COURTNEY, MR. MURTHA, Mr. RETTA SANCHEZ of California, Mr. SCOTT of H. Res. 37: Mr. REYES, Mr. BERMAN, Mr. CLEAVER, and Mr. GORDON. Georgia, Mr. SHULER, Mr. TANNER, Mr. TAY- KUCINICH, Ms. HARMAN, Ms. WOOLSEY, Mr.

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GEORGE MILLER of California, and Ms. MAT- Mr. ALLEN, Mrs. CAPPS, Mr. LINCOLN DIAZ- LEWIS of Georgia, Mr. FERGUSON, Mrs. BONO, SUI. BALART of Florida, Mr. ACKERMAN, Mr. Mrs. MILLER of Michigan, Mr. SIRES, Mr. H. Res. 54: Mr. KUHL of New York. PAYNE, Mr. CONYERS, Mr. RUSH, Mr. FRANK of OLVER, Mr. SENSENBRENNER, Mrs. MUSGRAVE, H. Res. 55: Mr. GRIJALVA, Mr. GEORGE MIL- Massachusetts, Mr. DAVIS of Illinois, Mr. Mr. MCDERMOTT, Mr. MCKEON, Ms. HERSETH, LER of California, and Ms. CARSON. DOYLE, Mr. WILSON of South Carolina, Ms. Ms. BEAN, Mr. WAMP, Mr. ANDREWS, Mr. H. Res. 71: Mr. BACA and Mr. HINOJOSA. ZOE LOFGREN of California, Mr. ROGERS of RENZI, Mr. WELLER, Mr. PASTOR, Mr. H. Res. 72: Mr. ORTIZ. Michigan, Mr. CANTOR, Mr. SOUDER, Mr. DEFAZIO, Mr. RANGEL, Mrs. MCCARTHY of H. Res. 94: Mr. GONZALEZ, Mr. MEEKS of MEEHAN, Mr. GUTIERREZ, Mr. CLAY, Ms. New York, Mr. PETERSON of Minnesota, Mr. New York, Mrs. MCCARTHY of New York, and LINDA T. SA´ NCHEZ of California, Mr. BERMAN, ISSA, Mr. CARNAHAN, Mr. HINOJOSA, Mr. Mrs. MALONEY of New York. Ms. ESHOO, Ms. BALDWIN, Mr. DINGELL, Mr. WYNN, Mrs. JONES of Ohio, Mr. SMITH of New H. Res. 100: Ms. MCCOLLUM of Minnesota, ENGEL, Mr. ROTHMAN, Ms. LEE, Mr. GARRETT Jersey, Ms. MILLENDER-MCDONALD, Mr. Mrs. MALONEY of New York, Mr. GRIJALVA, of New Jersey, Mr. WAXMAN, Mr. DELAHUNT, SHIMKUS, Mr. DENT, Mr. MCCAUL of Texas, Mr. FORTUN˜ O, Mrs. TAUSCHER, Mr. FRANK of Ms. ROYBAL-ALLARD, Mr. TIERNEY, Mr. Mr. BOREN, Mr. LINCOLN DAVIS of Tennessee, Massachusetts, Ms. CORRINE BROWN of Flor- MARIO DIAZ-BALART of Florida, Mr. ROHR- Mr. FARR, Ms. JACKSON-LEE of Texas, Mr. ida, Mr. MCNULTY, Ms. JACKSON-LEE of ABACHER, Mr. CAMPBELL of California, Mr. KIND, Mr. MATHESON, Mr. MELANCON, Mr. Texas, Mr. KIND, Mr. JEFFERSON, Mr. HOLT, WALZ of Minnesota, Mr. NADLER, Mr. POR- MOORE of Kansas, Mr. ROSS, Mr. RYAN of Mrs. NAPOLITANO, Mr. FARR, Mr. HASTINGS of TER, Mr. BACA, Mr. CLEAVER, Ms. KIL- Ohio, Mr. SCOTT of Georgia, Mr. THOMPSON of Florida, and Mr. HONDA. PATRICK, Mrs. TAUSCHER, Mr. FRELING- California, Ms. WATERS, Mr. DANIEL E. LUN- H. Res. 101: Mr. SIRES, Mr. HIGGINS, Mrs. HUYSEN, Mr. VISCLOSKY, Ms. DELAURO, Mr. GREN of California, and Mr. TOWNS. DAVIS of California, and Ms. SCHAKOWSKY. ENGLISH of Pennsylvania, Mr. CARDOZA, Mr. H. Res. 109: Ms. MATSUI. H. Res. 106: Mr. MCNULTY, Mr. KILDEE, Mrs. WOLF, Mr. GONZALEZ, Ms. WATSON, Mr. H. Res. 113: Mr. HOLT, Mr. HONDA, Mr. MALONEY of New York, Mr. MARKEY, Mr. JINDAL, Mr. SARBANES, Mr. GERLACH, Mrs. CROWLEY, Mr. MCDERMOTT, Ms. LEE, and Mr. COSTELLO, Mr. WEINER, Mr. HOLT, Mr. LIPIN- DAVIS of California, Mrs. LOWEY, Mr. VAN HOLLEN. SKI, Mr. LANGEVIN, Mr. DREIER, Mr. ABER- HOLDEN, Mr. ISRAEL, Mr. LEVIN, Mr. MORAN CROMBIE, Ms. SCHWARTZ, Mr. UDALL of Colo- of Virginia, Mr. FILNER, Mr. CALVERT, Ms. f rado, Mrs. MCMORRIS RODGERS, Ms. WOOL- MCCOLLUM of Minnesota, Mr. HARE, Mr. SEY, Mr. BLUMENAUER, Mr. ROYCE, Mr. NEAL COSTA, Mr. JACKSON of Illinois, Mr. STARK, DELETIONS OF SPONSORS FROM of Massachusetts, Mr. KENNEDY, Mr. HONDA, Ms. BERKLEY, Mr. SHAYS, Mr. RYAN of Wis- PUBLIC BILLS AND RESOLUTIONS Mr. KIRK, Mr. NUNES, Mr. CAPUANO, Mrs. consin, Mr. GEORGE MILLER of California, Under clause 7 of rule XII, sponsors NAPOLITANO, Mr. BERRY, Mr. GRIJALVA, Mr. Mr. DOGGETT, Mr. BECERRA, Ms. LORETTA LYNCH, Mr. DOOLITTLE, Mr. FATTAH, Ms. SANCHEZ of California, Mr. BISHOP of Geor- were deleted from public bills and reso- MATSUI, Ms. NORTON, Mr. KUCINICH, Mr. gia, Ms. SCHAKOWSKY, MS. SOLIS, Mr. BILI- lutions as follows: MCGOVERN, Mr. VAN HOLLEN, Mr. CROWLEY, RAKIS, Mr. LOBIONDO, Mr. HINCHEY, Mr. H. Res. 106: Mr. JINDAL.

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Vol. 153 WASHINGTON, WEDNESDAY, JANUARY 31, 2007 No. 19 Senate The Senate met at 9:30 a.m. and was appoint the Honorable JON TESTER, a Sen- evening, cloture having been invoked called to order by the Honorable JON ator from the State of Montana, to perform yesterday at about 12:40 p.m. Of course, TESTER, a Senator from the State of the duties of the Chair. once all that time has expired or been Montana. ROBERT C. BYRD, yielded back and the substitute has President pro tempore. been disposed of, cloture on the bill PRAYER Mr. TESTER thereupon assumed the would occur immediately and auto- The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. matically. fered the following prayer: f Mr. President, just a couple of com- Let us pray. RESERVATION OF LEADER TIME ments. When we complete the debate Almighty God, You give Your spirit on minimum wage and the bill is com- to all who truly desire Your presence. The ACTING PRESIDENT pro tem- pleted, we move to Iraq, and that is, as Lord, today, strengthen the Members pore. Under the previous order, the we know, a very contentious issue. But of this legislative body. Lord, strength- leadership time is reserved. as the distinguished Republican leader en them not only to see Your ideal but f last night stated, we are trying to ar- to reach it. Strengthen them not only rive at a point where we can have a RECOGNITION OF THE MAJORITY to know the right but to do it. good, strong debate. It will take co- LEADER Strengthen them not only to recognize operation, it will take compromise so their duty but to perform it. Strength- The ACTING PRESIDENT pro tem- we can be in a position to have this de- en them not only to seek Your truth pore. The majority leader is recog- bate so all Senators can voice their but to find it. nized. opinion and, hopefully, we can settle Empower our lawmakers to go be- on a finite number of pieces of legisla- yond guessing to knowing, beyond f tion to vote on. That is my goal, and I doubting to certainty, and beyond re- SCHEDULE solving to doing. Give our Senators the hope we can do that. Certainly the Mr. REID. Mr. President, we will be deep inner peace of knowing that You American people deserve this debate. in a period for the transaction of morn- have heard and answered this prayer (The remarks of Mr. REID pertaining ing business for 60 minutes. The first for power. to the introduction of S. 439 are printed We pray in Your mighty Name. half is under the control of the Repub- in today’s RECORD under ‘‘Statements Amen. licans, the second half under the con- on Introduced Bills and Joint Resolu- trol of Senator WYDEN. Following tions.’’) f morning business, we will resume H.R. Mr. REID. Mr. President, I apologize PLEDGE OF ALLEGIANCE 2, the minimum wage bill. to my friend for taking so much time, The Honorable JON TESTER led the As I indicated in closing yesterday, but sometimes one takes what time is Pledge of Allegiance, as follows: we expect Senator KYL to be here this needed. I pledge allegiance to the Flag of the morning when we resume the bill. I un- f United States of America, and to the Repub- derstand a number of conversations lic for which it stands, one nation under God, have taken place among Senators BAU- RECOGNITION OF THE MINORITY indivisible, with liberty and justice for all. CUS, GRASSLEY, KYL, and KENNEDY re- LEADER f garding these amendments. It is antici- The ACTING PRESIDENT pro tem- APPOINTMENT OF ACTING pated once we are back on the bill pore. The Republican leader is recog- PRESIDENT PRO TEMPORE there will be debate with respect to one nized. or more of the Kyl amendments and f The PRESIDING OFFICER. The that a vote in relation to an amend- clerk will please read a communication ment could occur sometime around IRAQ DEBATE to the Senate from the President pro noon today. Mr. MCCONNELL. Mr. President, tempore (Mr. BYRD). Once we have completed action on all with regard to today’s schedule, we The bill clerk read the following let- the amendments, then it is my hope will be working, as the majority leader ter: that we can yield back all the time indicated, on the timing of the Kyl U.S. SENATE, postcloture and then dispose of the amendments. These are important PRESIDENT PRO TEMPORE, substitute amendment. If we have to amendments which we are going to Washington, DC, January 31, 2007. To the Senate: run the full 30 hours on the substitute, want to have considered in a timely Under the provisions of rule I, paragraph 3, I think I am correct in stating that the fashion. Senator KYL will need to be of the Standing Rules of the Senate, I hereby 30 hours would expire at about 6:40 this able to debate those amendments. We

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

S1359

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The ACTING PRESIDENT pro tem- his WMD programs. Do we allow the President the ability pore. The majority leader. Seventy-seven Senators voted to give to adjust those troop numbers in an ef- Mr. REID. One final point, Mr. Presi- President Bush the authority to act. fort to bring security to Baghdad and dent. We should understand, all of us, With the clear authority from Con- al Anbar Province? that we may have to have a vote or gress to undertake military operations From what I see, the President has some votes on Monday. Everyone against Saddam Hussein, President the only plan on the table that doesn’t should understand that. And if we have Bush tried long and hard to seek a ensure defeat. It may not be a perfect to have votes on Monday, they could peaceful resolution. Saddam Hussein plan, and it may need to be adjusted in occur earlier rather than later. So ev- could not be reasoned with. the near term, but it is certainly a eryone should understand there may be Following 9/11 and in an age of nu- change from what we’ve been doing so Monday votes. We hope not. As I told clear bombs and other weapons of mass far. the distinguished Republican leader destruction, we could no longer afford One particular area that I believe and as we have announced on a number to sit by and wait on those wanting to needs improvement is our reconstruc- of occasions, we had our retreat, and do us harm to land the first punch. tion effort. the Republicans certainly cooperated We could not wait until we were at- According to the Congressional Re- with us, and we are going to cooperate tacked before acting. Calls for the search Service the United States has with them. These retreats are ex- President to act in order to protect spent over $35.6 billion on reconstruc- tremely important to this body. They America were loud and clear. And the tion efforts. allow us to enhance the political par- President did act. We have to stop squandering our re- In doing so, Saddam Hussein’s regime ties within this great Senate and focus sources on reconstruction projects in was eliminated and some 28 million on what is good for the country. We Iraq that fail to deliver basic security Iraqis were freed from a living hell on have done that, and the Republicans and critical infrastructure. Earth. are going to do that the day after to- A recent article in the Journal of Watching the Iraqis struggle since morrow, and I think that is important. Intervention and Statebuilding talked then to establish their own democracy We will certainly have no votes on Fri- of the need to abandon a scattergun ap- day. has not been a pretty sight. With the luxury of hindsight, it’s no proach to reconstruction which focuses f secret that serious mistakes were on winning hearts and minds and re- MORNING BUSINESS made; too few troops; de-baathification sults in many nonessential projects The ACTING PRESIDENT pro tem- of the Iraqi government and; failure of being started but not completed. pore. Under the previous order, there Federal Departments other than De- I believe that we need to have what will be a period for the transaction of fense to be fully engaged in this effort, the author called a triage approach to morning business for up to 60 minutes to name a few. reconstruction. The military calls it with each Senator permitted to speak We need to face the fact that we are SWEAT: sewage, water, electricity and for up to 10 minutes with the first half in Iraq. We need to ask ourselves what trash. of the time under the control of the mi- do we do now. Let’s focus on getting these essential nority and the second half of the time Do we pack up and leave, even services operating at the level they under the control of the Senator from though every voice of reason tells us were before we invaded Iraq. This ap- proach will undoubtedly make our Oregon, Mr. WYDEN. that Iraq would implode into a ter- The Senator from Nevada is recog- rorist state used by al-Qaida as a military effort easier. nized. launching pad against the ‘‘infidels’’; Our efforts to improve fundamental Mr. ENSIGN. Mr. President, I rise reminiscent of Afghanistan under the services up to this point have not re- this morning to discuss the Iraqi situa- Taliban? ceived the focus and attention they de- tion. Not the shootings and explosions As Senator MCCAIN has reminded us serve. we see in the streets of Baghdad and in time and again, Iraq is not Vietnam. We have fallen short in the area of al Anbar Province, but the struggle When we left South Vietnam, the Viet electricity production. Before we in- were currently engaged in right here in Cong did not pursue us back to our vaded Iraq, electric power was 95,600 the Senate. shores. . . megawatt hours; now, it is close to This latter battle is arguably more Al-Qaida is not the Viet Cong. Al- 90,000 megawatt hours. The goal was important to our long-term national Qaida has sworn to destroy us and is originally 120,000 megawatt hours. security than any other issue we face committed to bringing their brand of In Baghdad, Iraqis receive about today. terror to America. three fewer hours of electricity than While everyone remembers the trag- This fact was evidenced recently dur- before the war. Outside of Baghdad edy of 9/11, the pain and anguish experi- ing testimony by Lieutenant General they do receive more, but we know enced by Americans that day appears Maples, head of the Defense Intel- most of the problems are in Baghdad. to have faded over time for an ever in- ligence Agency. CRS notes that of 425 projects planned creasing number of our citizens. He testified that documents captured in the electricity sector, only 300 will For me, it remains as vivid and as by coalition forces during a raid of a be completed. gut wrenching today as it was that safe house believed to house Iraqi We have done somewhat better in as- September morning more than 5 years members of al-Qaida 6 months ago re- sistance with water and sanitation. ago. vealed al-Qaida was planning terrorist We have provided clean water to 4.6 It seems too easy these days to point operations in the U.S. Anyone willing million more people and sanitation to fingers of blame at one another for our to go to Iraq to fight Americans is 5.1 million more than before the war. current situation in Iraq. probably willing to travel to America. But besides water, sanitation, and

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How do we move for- Those would be things such as the curity and maintain infrastructure. ward in Iraq for the good of the coun- Iraqis continuing to take clear, strong According to CRS, oil and gas produc- try, for our security, and for stability action against all who promote vio- tion has remained stagnant and below in the Middle East? lence, whether they are Sunni or Shia pre-war levels for some time. Second, what being responsible or anyone else; things such as an oil The pre-war level of oil production means is taking to the Senate floor to revenue law that must be passed in the was 2.5 million barrels per day; it cur- impact policy, to take action but not very near term; things such as major rently stands at 2.0 million barrels per simply to offer words that have no im- reform of the debaathification process, day. pact in the real world but only serve to which has stirred up enormous sec- That is far below the 3.0 million bar- undercut the morale and focus of our tarian conflict and hatred, particularly rels per day we were told Iraq was ex- troops and to embolden the enemy. from the Shia and Sunnis. pected to reach by end of 2004. Accord- Some resolutions, which are mere Third, I have been very clear in say- ing to the Special Inspector General for words—they don’t constrain any activ- ing over and over and over that we Iraq Reconstruction, besides the de- ity of the President or of our troops— must constantly reexamine these new struction caused by the insurgents, I think have that unintended result. troop numbers to make sure they can poor infrastructure, corruption, and They do not limit troops, they do not have a meaningful impact on the difficulty maintaining and operating limit troop numbers, but they sure as ground in the short term. I am for try- U.S.-funded projects are challenges heck destroy morale. They certainly ing this as a final attempt, but I am faced by the industry. embolden the enemy. Don’t believe me not for throwing too little too late at We are at a pivotal point in this Na- about that judgment. Turn to very re- the effort. tion’s history. spected military leaders, including I respect the judgment of military We face an enemy unlike anything GEN David Petraeus, who said that di- leaders such as GEN David Petraeus. I ever witnessed before. We cannot wash rectly, frankly, in his testimony before take them at their word, and I respect our hands of the responsibility incum- Senate committees. their judgment that this additional bent upon us as the leader of the free I have been guided by that responsi- 21,500, coupled with redeployment and world. bility, to face the issues squarely, to be reemphasis of troops already in the- It is time to join together, forgetting responsible, to be for some plan—not ater, is enough, but I think we have to whether we are Republicans, whether necessarily the President’s but some constantly examine that to make sure we are Democrats, remembering we are real, detailed plan; to take action on we don’t make the mistake we have Americans. It is time to come together the Senate floor and not float words made in the past, which is under- behind our men and women in uniform, which can have negative consequences estimating troop need. figure out what the best strategies are, for our troops and also embolden the There has been a lot of discussion and move forward together. It used to enemy. about the Iraq Study Group report, for be said that partisanship stopped at After a lot of thought and in that good reason. A lot of leading citizens our shore’s edge. We need to go back to context and after a lot of careful study, contributed very thoughtful analysis that spirit of being Americans. We can- including many hearings before the to that report. But I think far too not afford to fail in this effort. Senate Foreign Relations Committee much of that discussion has unfairly I yield the floor. on which I sit, I have decided to sup- portrayed the President’s plan and dif- The ACTING PRESIDENT pro tem- port the President’s plan as a reason- ferent versions of it, like what I am pore. The Senator from Louisiana. able attempt to move forward—indeed, talking about, as in stark contrast to Mr. VITTER. Mr. President, I, too, as a final attempt to stabilize the situ- the Iraq Study Group report. In fact, I rise today on the Senate floor to dis- ation. But I have also decided to do it don’t believe that to be the case at all. cuss the very serious issue of Iraq and in the context of three very strong rec- It is not exactly the Iraq Study Group how we move forward there to eventu- ommendations which I have made report. It is different, but it has enor- ally get our troops home. I have been many times directly to the President mous areas of overlap. in the Senate 2 years. Before that, I and to other key advisers, such as Sec- With regard to political solutions was in the House for 5 years. That is a retary of State Condoleezza Rice, such that have to happen lead by Iraqis on relatively short amount of time, but I as the President’s National Security the ground in Iraq, there is enormous daresay I believe, as do many of my Adviser, Steve Hadley, and others. agreement between what I am sup- colleagues who have been here 20 or 30 Those three strong, clear recommenda- porting, what the President is describ- years, this truly is one of the most im- tions are as follows: ing, and the Iraq Study Group report. portant issues we will ever debate and No. 1, I do believe, with the Iraq With regard to a diplomatic initiative, have an impact on. In fact, even for a Study Group and others, we need to put there is enormous overlap between career that long, it may be the single even more emphasis on a diplomatic ef- what I am pushing in terms of a re- most important issue we will debate fort and, in my opinion, that should be gional diplomatic conference involving and have an impact on. to encourage and embrace and partici- all of Iraq’s neighbors and what the I hope all of us take that to heart. pate in a regional diplomatic con- Iraq Study Group discusses. Yes, they Don’t say it as a truism but understand ference that involves all of Iraq’s seem to favor direct bilateral talks what that means and what it demands neighbors, including Iran and Syria. with countries such as Iran and Syria. of us. What it demands of us is that we This would be very different from di- I do not and the President does not. act responsibly and whatever our feel- rect bilateral talks with either Iran or But there is still enormous overlap and ings and point of view, we put them Syria. With regard to that push, I dis- agreement on things we can do very forward in a responsible way for the agree with that, including, to some ex- proactively and aggressively on the good of America. tent, the Iraq Study Group. But I do diplomatic front. What do I mean by that? I primarily think a regional conference focussed Even on the military component mean two things. First of all, each of specifically and exclusively on stabi- there is great overlap and significant us as Senators has the right to oppose lizing Iraq, promoting democracy in agreement. In that regard I would sim- a plan, including the President’s plan. I Iraq, would be very positive. ply point to one very important pas- will be the first to say that. I will be No. 2, I agree with many that we can sage on page 73 which states clearly, the first to defend my colleagues’ right be even stronger, clearer, firmer about discussing military troop levels and to oppose any plan, including the benchmarks for the Iraqi Government numbers: President’s plan. But along with that and consequences if the Iraqi Govern- We could, however, support a short-term right comes responsibility, and each of ment does not meet those benchmarks. redeployment or surge of American combat us also has a responsibility to be for a President Bush has talked a lot about forces to stabilize Baghdad or to speed up the plan to move forward in Iraq. It does what are clear benchmarks, but I have training and equipping mission if the U.S.

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In that probably the biggest catastrophe— actly that, which is why it is signifi- blog, Mark specifically explained why human catastrophe as well as political cant in the President’s plan. he joined, and this is what he wrote: catastrophe—in the Middle East that is So I urge all of my colleagues to give Why I joined: This question has been asked going to occur. We have to discuss the this issue serious thought, to be re- of me so many times in so many different real implications of that choice. sponsible, to advocate whatever is in contexts that I thought it would be best if I I oppose this resolution because it their heart and in their mind but to do wrote my reasons for joining the Army on does not support our mission, it does it responsibly. Support some plan, and my page for all to see. First, the more accu- not support success, and it makes the do not throw out mere words that have rate question is why I volunteered to go to decision for defeat. Real leaders would Iraq. After all, I joined the Army a week no concrete effect except undermining come up with a plan of action that after we declared war on Saddam’s govern- they follow through on. And whether our troops and emboldening the enemy. ment with the intention of going to Iraq. Mr. President, I yield the floor. Now, after years of training and preparation, we agree with the President or not, he The ACTING PRESIDENT pro tem- I am finally here. Much has changed in the has put a plan on the table and he in- pore. The Senator from Texas is recog- last three years. The criminal Baath regime tends to follow through on it with all nized. has been replaced by an insurgency fueled by the advice he can get from his military Mr. CORNYN. Mr. President, could Iraq’s neighbors who hope to partition Iraq people. Our role is not just to criticize you advise me how much time our side for their own ends. This is coupled with the that, but if we don’t agree, it is to ever-present transnational militant Islamist come up with another plan, propose it, has remaining in morning business? movement which has seized upon Iraq as the The ACTING PRESIDENT pro tem- and our responsibility is to sell it to greatest way to kill Americans, along with the American people—not just to criti- pore. Ten minutes forty seconds. anyone else who happens to be standing Mr. CORNYN. If there is 10 minutes near. What was once a paralyzed state of fear cize, not to come up with resolutions remaining, I would like to take the is now the staging area for one of the largest that don’t mean anything, intended to next 5 minutes and then yield to Sen- transformations of power and ideology the embarrass the President. But what it Middle East has experienced since the col- really does is deteriorate the morale of ator DEMINT for the remaining 5 min- utes, if the Chair would please advise. lapse of the Ottoman Empire. our troops. I know we are frustrated with this The ACTING PRESIDENT pro tem- I would say in closing that we can’t war, and the fear of failure is all pore. Without objection, it is so or- claim to support the troops and not around us. But we cannot digress into dered. support their mission. If we don’t sup- port the mission, we should not pass being critics in this body. Our job is to f nonbinding resolutions. We should do lead. IRAQ everything within our power to stop it. I want to conclude this morning with some comments from the soldiers. I Mr. CORNYN. Mr. President, I appre- I do believe that we should support know other Senators have called par- ciate the comments we have heard this that mission. I do believe we should ents who have soldier sons and daugh- morning from the distinguished Sen- support our troops. That is why I be- lieve we should send them the message ters who have been killed. I have not ator from Nevada and the distinguished had one who told me to get out of Iraq. Senator from Louisiana, and I couldn’t that, yes, we believe you can succeed, and it is important to our national se- I have had a lot of them tell me: Win. agree more with the comments they That is how to honor the sacrifice is to have made. I would like to add some, curity that you do. I yield the floor. win. perhaps, even more eloquent words— SPC Peter Manna: and rest assured they are not mine—to The ACTING PRESIDENT pro tem- pore. The Senator from South Carolina If they don’t think we’re doing a good job, this debate because I think it helps us everything we have done here is all in vain. is recognized. understand in a way that we might not We have a number of these, but I otherwise understand what is at stake Mr. DEMINT. I thank the Senator from Texas, and I would like to add my don’t have time to read them all. and what the people who are most di- SGT Manuel Sahagun said: rectly impacted believe is at stake in comments to his. We are certainly dis- cussing probably one of the most dead- One thing I don’t like is when people back the war on terror, particularly the con- home say they support the troops but they flict in Iraq. ly serious issues that I have been a don’t support the war. If they’re going to I first want to quote the words of Roy part of since being in the Congress. I support us, support us all the way. Velez. Roy is from Lubbock, TX, and must start by expressing my respect Americans are not against this war; has lost two sons—one in Iraq and one for the Senators who are proposing this they are against losing. They need to in Afghanistan. Recently, Roy Velez resolution. I know their intent is good. know we can win it. said: They have heartfelt concerns about General Petraeus, the best general It is not about President Bush. It is not what we are doing. that we have, whom we have just ap- about being a Democrat or a Republican. It But what I would like to do is remind proved, confirmed in the Senate, has is about standing behind a country that we all of us that our role is a role of being told us that we can succeed with the love so much. I know it has cost us a lot in leaders, not just being critics. As elect- President’s plan. This is our last best lives, including my two sons, and it has ed officials, we know what it is like to hope to leave Iraq as a free democracy taken a toll on America. But we can’t walk have critics second-guess all the deci- and to help stabilize the Middle East. away from this war until we’re finished. sions we make, but our job as Senators The other choice is defeat and disgrace. I don’t know anyone who has earned is to be leaders; and to be leaders, we Mr. President, I call on all of my the right to speak so directly to what have to make good decisions. If we Senate colleagues not to support this is at stake, the sacrifices that have make good decisions, we have to know resolution and to act as leaders: to put been made, and the consequences of our what our real choices are. I am afraid forward a plan or support the one that leaving Iraq before it is stabilized and those who are proposing this resolution the President has put forward. able to govern and defend itself. are not considering the real choices be- I yield the floor and reserve the re- Then there is also the story of 2LT cause we can keep the status quo, we mainder of the time. Mark J. Daily. Lieutenant Daily was 23 can withdraw and be defeated, or we Mr. WYDEN. Mr. President, par- years old from Irvine, CA. He was with can continue until we win and accom- liamentary inquiry: I believe I have the 4th Brigade Combat Team, 1st Cav- plish our goals in Iraq. time reserved at this point. I was going alry Division out of Fort Bliss, TX. This resolution is a resolution of de- to speak for a little over 20 minutes or Lieutenant Daily was killed on Janu- feat and disgrace. There is no other so. I would like to inquire through the ary 15 when an improvised explosive way it could come out. That is the Chair of my colleagues if they wish to device exploded and ripped through his choice they are making. That is the de- finish their remarks before I go to vehicle, taking his life and those of cision they are making because we mine.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1363 Mr. CORNYN. Mr. President, in re- but for the essentials—our country will pressure, cholesterol, stop smoking, sponse to the distinguished Senator always have a health care system and that sort of thing. Surely Demo- from Oregon, I believe our morning where those who have no coverage have crats and Republicans can join hands business time has expired and we would their costs transferred to people who to do more to promote prevention, and yield back any remaining time so the do have coverage. Every night in Mon- to have incentives for parents, for ex- Senator from Oregon can begin his re- tana, Oregon, and elsewhere in our ample, to get their kids involved in marks. country we have folks in hospital wellness. The ACTING PRESIDENT pro tem- emergency rooms because they have This would not be some kind of na- pore. The Senator from Oregon is rec- not been able to get good outpatient tional nanny program where we have ognized. health care, and the costs for folks in the Federal Government saying, we are Mr. WYDEN. I thank my colleagues hospital emergency rooms who cannot going to watch the chip bowl, but sen- for their courtesy. pay get transferred to people who can sible prevention policies on which f pay. Many health care experts have Democrats and Republicans can agree. theorized that perhaps up to 20 percent It also seems to me that Democrats HEALTH CARE IN AMERICA of the premium paid by people who and Republicans can join hands with Mr. WYDEN. Mr. President, it is not have coverage is because of the costs respect to chronic health care and end breaking news that the American for caring for those without coverage. of life health care. We know in the health care system is broken, even At this point in the debate, Demo- Medicare Program close to 5 percent of though our country has scores of dedi- crats can say that Federal tax rules are the people take about 50 percent of the cated and talented health care pro- inequitable with respect to health care health care dollars because those folks viders. It isn’t breaking news that Con- and we can use private sector choices. need chronic care and because of spend- gress has ducked fixing health care My hope is Republicans will say to fix ing at the end of life. They need com- since 1994. health care we have to have a system passionate health care. We have not What should be breaking news is that that covers everybody. Democrats and thought through policies that can for the first time in decades there is a Republicans can come together to bring both Democrats and Republicans genuine opportunity for Democrats and make that case. together to deal with this area of Republicans to work together to fix There are other areas where we can health care where an enormous amount American health care. find common ground right now between of the money is going. A few days ago in his State of the the political parties on health care. For example, to get Medicare’s hos- Union Address, the President put for- For example, Democrats and Repub- pice benefits, right now seniors have to ward a health care reform proposal licans in the Senate think we ought to choose whether they are going to get that focuses on changing the Federal give a broad berth to the States to in- curative care or hospice care. That Tax Code. Since then, leading Demo- novate in the health care area. Surely makes no sense at all. Why should a cratic and Republican economists have what works in the State of Montana senior have to give up the prospects of joined forces to point out how Federal may not necessarily work in Florida, getting a cure for their particular ill- health care tax rules benefit the most Iowa, or New York. They say, ‘‘Let’s ness in order to get hospice benefit? affluent among us, and subsidize ineffi- give a broad berth to the States to Let’s not pit the hospice benefit ciency as well. show innovative approaches.’’ Particu- against curative care. Let’s have For example, right now under the larly Governor Schwarzenegger and Democrats and Republicans work to- Federal Tax Code, a high-flying CEO Governor Romney deserve a lot of cred- gether in order to make changes that can write off the cost on their Federal it for being willing to lead at the State expand the options available for older taxes of going out and getting a de- level. In my State, folks have some in- people. signer smile while a hard-working gal novative ideas, as well. My guess is The door is open right now. The in a small hardware store in Montana, they do in Montana, elsewhere. We can State of the Union gave new visibility Oregon, or anywhere else in the coun- take steps to promote them. I person- to the health care cause. Democrats, try, gets virtually nothing. ally don’t think the States can do it all such as myself, who serve on the Com- I am of the view that Democrats and because the States cannot solve prob- mittee on Finance, who will say these Republicans should work together to lems they did not create. That is why Federal health care tax rules are in- change this inequity and make sure we need to change the Federal health equitable, can join hands with Repub- that all of our citizens have affordable, care tax rules. Because of the federal licans who will say we need to cover quality, private health care coverage tax rules, the Federal Government is everybody and stop the cost shifting. with private sector choices—the way the big spender in health care. The The door is open right now if Demo- Members of Congress do. States cannot do a lot about that. But crats and Republicans will work to- The Federal Tax Code and its policies surely, as part of the effort to bring gether in a bipartisan basis. have disproportionately rewarded the Democrats and Republicans together, Some people are saying it can’t be affluent. They came about because of we can agree to make changes in the done. They are saying there is too what happened in the 1940s when there Federal health care tax care rules and much polarization on health care and were wage and price controls. These we can agree to get everyone covered. other big issues. Let’s talk about it, policies might have worked for the We can also agree there is a lot of com- once again, when there is a Presi- 1940s, but they are clearly not right 60 mon ground between Democrats and dential campaign. I send a clear mes- years later. Democrats and Repub- Republicans, to give States the oppor- sage on that point, as well. Of course, licans can work together to change the tunity to innovate. this country can put off fixing health Federal tax rules that grease the sys- Democrats and Republicans, as we care once more, as it has done again tem and disproportionally reward the look at the possibility of a coalition, and again for 60 years—going back to most affluent and subsidize ineffi- can join together so we have health Harry Truman in the 81st Congress. It ciency. care rather than sick care. We do not was 1945 when he began to talk about In return for those on the Demo- do a lot to promote wellness and pre- fixing health care. I guess one can cratic side of the aisle supporting a vention in this country. Medicare argue, let’s put it off again and have change in Federal health tax rules and shows that better than anything else. another Presidential campaign where coverage through private sector Medicare Part A will pay checks for people go back and forth on this issue. choices, the President and Republicans thousands and thousands of dollars of However, I submit that whoever the should join with Democrats and inde- hospital expenses. Medicare Part B, on new President is in 2009—and I am very pendent health experts of all political the other hand, the part for outpatient excited about our Democratic can- philosophies who say to fix health care services, hardly does anything to re- didates—no matter who is the new we have to cover everybody for essen- ward prevention and wellness. You can President—should address this issue. tial benefits. What is very clear now on not even get a break on your pre- However if, heaven forbid, there is a health care is if we do not cover every- mium—the Part B premium, they call terrorist attack early in the new Ad- body—and not for Cadillac coverage, it—if you help to hold down your blood ministration, health care would get put

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1364 CONGRESSIONAL RECORD — SENATE January 31, 2007 off once more. Perhaps we would go for wedded to every provision or every part Enzi (for Ensign/Inhofe) amendment No. several more years without talking of it. It is a piece of legislation that 152 (to amendment No. 100), to reduce docu- about health care reform. can bring folks together. When I intro- ment fraud, prevent identity theft, and pre- We have had people working to fix duced it, Andy Stern, the president of serve the integrity of the Social Security system. health care in this country for years the Service Employees International Enzi (for Ensign) amendment No. 153 (to and years, people on both sides of the Union, 1.8 million members, was there, amendment No. 100), to preserve and protect aisle. On our side of the aisle, we have but so was Steve Burd, the CEO of Social Security benefits of American work- Senator KENNEDY. No one has cham- Safeway, with over 200,000 employees. ers, including those making minimum wage, pioned the cause of fixing health care So was Bob Beall, the CEO of a com- and to help ensure greater Congressional for as many years as passionately as pany with 400 people. So was a member oversight of the Social Security system by Senator KENNEDY. Republicans have of the National Federation of Inde- requiring that both Houses of Congress ap- worked very hard for health care re- prove a totalization agreement before the pendent Businesses who was from Or- agreement, giving foreign workers Social Se- form, as well. egon. He spoke for himself, not for the curity benefits, can go into effect. I hope this question of health care re- group. He employs eight people. All of Vitter/Voinovich amendment No. 110 (to form is not somehow deferred once these employers said that the legisla- amendment No. 100), to amend title 44 of the again until 2009. There is a broad con- tion would work for them. United States Code, to provide for the sus- sensus of what needs to be done. I out- Now it is up to us in the Senate. It is pension of fines under certain circumstances lined four or five areas this morning, up to us, with the door open, to get for first-time paperwork violations by small starting with changing the Federal Democrats and Republicans to come business concerns. health care tax rules and making sure DeMint amendment No. 155 (to amendment together. I certainly have not agreed No. 100), to amend the Public Health Service there are good private sector choices with all the details of the President’s Act to provide for cooperative governing of for Americans, getting everyone cov- proposal, but he has given some new individual health insurance coverage offered ered, and emphasizing prevention and visibility to the cause. All sides ought in interstate commerce, and to amend the wellness. That alone would be a good to say, let’s get going, let’s not wait for Internal Revenue Code of 1986 regarding the basis for Democrats and Republicans to another campaign for President to go disposition of unused health benefits in cafe- start in. Clearly, a system that was forward. Let us do our job now. There teria plans and flexible spending arrange- created in the 1940s ought to be mod- is much to work with that can bring ments and the use of health savings accounts ernized in 2007. As I pointed out, the for the payment of health insurance pre- both political parties together to fix miums for high deductible health plans pur- system that came about in the 1940s American health care. chased in the individual market. was a historical accident. There were I will be spending a lot of my waking DeMint amendment No. 156 (to amendment wage and price controls and there was hours on that in the days ahead. I look No. 100), to amend the Internal Revenue Code no way to get health care to working forward to working with both Demo- of 1986 regarding the disposition of unused families other than to say, maybe the crats and Republicans in the Senate to health benefits in cafeteria plans and flexible employers will cover it. get it done. spending arrangements. DeMint amendment No. 157 (to the lan- Today our businesses are up against I yield the floor and suggest the ab- global competitors that have their gov- guage proposed to be stricken by amendment sence of a quorum. No. 100), to increase the Federal minimum ernments pick up their health care bill. The ACTING PRESIDENT pro tem- wage by an amount that is based on applica- The combination of the disadvantage pore. Without objection, it is so or- ble State minimum wages. our businesses face, the huge esca- dered. DeMint amendment No. 159 (to amendment lation of costs, the significant increase The clerk will call the roll. No. 100), to protect individuals from having in chronic illness, and our rapidly The assistant legislative clerk pro- their money involuntarily collected and used for lobbying by a labor organization. aging population means the current ceeded to call the roll. system is not sustainable. It is not sus- DeMint amendment No. 160 (to amendment Mr. KYL. Mr. President, I ask unani- No. 100), to amend the Internal Revenue Code tainable and that is why we need to mous consent that the order for the of 1986 to allow certain small businesses to act. quorum call be rescinded. defer payment of tax. I am so pleased to see the Presiding The PRESIDING OFFICER (Mr. DeMint amendment No. 161 (to amendment Officer in the chair, a new Senator CARDIN). Without objection, it is so or- No. 100), to prohibit the use of flexible sched- from Montana, who has lots of good dered. ules by Federal employees unless such flexi- ideas on health care and has cam- ble schedule benefits are made available to paigned on them. I know he and many f private sector employees not later than 1 on both sides of the aisle want to fix year after the date of enactment of the Fair CONCLUSION OF MORNING Minimum Wage Act of 2007. the system. That is what we got an BUSINESS DeMint amendment No. 162 (to amendment election certificate to do, to work to- The PRESIDING OFFICER. Morning No. 100), to amend the Fair Labor Standards gether on the most important issues, business is closed. Act of 1938 regarding the minimum wage. not put it off for another couple of Kennedy (for Kerry) amendment No. 128 (to years and have another Presidential f amendment No. 100), to direct the Adminis- trator of the Small Business Administration campaign. We need to sort it out right FAIR MINIMUM WAGE ACT OF 2007 now. to establish a pilot program to provide regu- The American people know we ought The PRESIDING OFFICER. Under latory compliance assistance to small busi- the previous order, the Senate will re- ness concerns. to have a new focus, on prevention Martinez amendment No. 105 (to amend- rather than sick care. We can work on sume consideration of H.R. 2, which the ment No. 100), to clarify the house parent ex- that now. The American people know a clerk will report. emption to certain wage and hour require- lot of the States have innovative ap- The assistant legislative clerk read ments. proaches. We can help them build on it. as follows: Sanders amendment No. 201 (to amend- The American people know the tax sys- A bill (H.R. 2) to amend the Fair Labor ment No. 100), to express the sense of the tem in the health care area dispropor- Standards Act of 1938 to provide for an in- Senate concerning poverty. crease in the Federal Minimum Wage. Gregg amendment No. 203 (to amendment tionately favors the most affluent and No. 100), to enable employees to use em- does not give a break to the working Pending: ployee option time. person and it ought to be changed. Reid (for Baucus) amendment No. 100, in Burr amendment No. 195 (to amendment These are the reasons why both sides the nature of a substitute. No. 100), to provide for an exemption to a ought to join hands to do that. McConnell (for Gregg) amendment No. 101 minimum wage increase for certain employ- The time to fix health care is now. (to amendment No. 100), to provide Congress ers who contribute to their employees health There are a variety of proposals that a second look at wasteful spending by estab- benefit expenses. have been put before the Congress. I lishing enhanced rescission authority under Kennedy (for Feinstein) amendment No. fast-track procedures. 167 (to amendment No. 118), to improve agri- have not even mentioned my legisla- Kyl amendment No. 115 (to amendment No. cultural job opportunities, benefits, and se- tion this morning, the Healthy Ameri- 100), to extend through December 31, 2008, the curity for aliens in the United States. cans Act, based on many of the prin- depreciation treatment of leasehold, res- Enzi (for Allard) amendment No. 169 (to ciples I have discussed today. I am not taurant, and retail space improvements. amendment No. 100), to prevent identity

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1365 theft by allowing the sharing of social secu- pensing levels through 2010. That is tisan support. I don’t think there is rity data among government agencies for only a 1-year extension. Amendment any reason now to treat this issue as a immigration enforcement purposes. No. 209 extends it through 2012, which political issue or a partisan issue and Enzi (for Cornyn) amendment No. 135 (to is the same period of time that the to try to put it in competition with the amendment No. 100), to amend the Internal Revenue Code of 1986 to repeal the Federal work opportunity tax credit has been work opportunity tax credit. They can unemployment surtax. extended under the Finance Committee move forward together. Enzi (for Cornyn) amendment No. 138 (to amendment. Section 179 of the Tax That is especially the case because amendment No. 100), to amend the Internal Code, which allows small businesses to section 179, unlike the work oppor- Revenue Code of 1986 to expand workplace elect to deduct all or part of the cost of tunity tax credit, is targeted at small health incentives by equalizing the tax con- certain qualifying property the year businesses. Not only is expensing lim- sequences of employee athletic facility use. that it is placed into service, would ited to $112,000, but current law actu- Sessions (for Kyl) amendment No. 209 (to work through the year 2012 rather than amendment No. 100), to extend through De- ally reduces that amount for property 2010, as under the Finance bill. cember 31, 2012, the increased expensing for that costs over $400,000, which is also small businesses. We know that this immediate expens- ing has been critical to supporting eco- indexed. Meaning that section 179 is Division I of Sessions (for Kyl) amendment simply not useful to large businesses No. 210 (to amendment No. 100), to provide nomic growth. We, also, know that that are in the business of purchasing for the permanent extension of increasing small businesses account for about 60 expensing for small businesses, the deprecia- percent of the cost that is imposed as a things for far more than $400,000. But tion treatment of leasehold, restaurant, and result of the increase in the minimum we know, in pure dollar terms, the retail space improvements, and the work op- wage that is in the underlying bill. As work opportunity tax credit primarily portunity tax credit. a way to try to help small businesses benefits larger businesses. In fact, tes- Division II of Sessions (for Kyl) amend- timony before the Finance Committee ment No. 210 (to amendment No. 100), to pro- overcome the costs we are imposing on them, we have talked to them. They was that 95 percent of the credits go to vide for the permanent extension of increas- either C or S corporations. Since the ing expensing for small businesses, the de- are pretty unanimous in the view that bulk of the cost of imposing the min- preciation treatment of leasehold, res- the one thing we could do that best taurant, and retail space improvements, and helps them be able to afford this is to imum wage is on small businesses, the work opportunity tax credit. extend the small business expensing since section 179 expensing is the pri- Division III of Sessions (for Kyl) amend- under section 179. mary way we can help small busi- ment No. 210 (to amendment No. 100), to pro- The reason we need to extend it a nesses, and since the value of the work vide for the permanent extension of increas- opportunity tax credit primarily helps ing expensing for small businesses, the de- longer period of time is because of the certainty they need. When they are the bigger businesses, it seems to us preciation treatment of leasehold, res- that the proper balance is to extend taurant, and retail space improvements, and planning on making improvements to the work opportunity tax credit. their business and they know they can both of them through 2012, and section Division IV of Sessions (for Kyl) amend- expense that when they put that im- 179, under our amendment, would be ment No. 210 (to amendment No. 100), to pro- provement in place, in force, then they brought to that point. vide for the permanent extension of increas- will proceed to do what is in the eco- One more word about the invest- ing expensing for small businesses, the de- nomic best interest of their business. ments that small business makes be- preciation treatment of leasehold, res- taurant, and retail space improvements, and But if their plans are restrained by the cause this is instructive. According to the work opportunity tax credit. Tax Code, then we are not enabling the National Federation of Independent Division V of Sessions (for Kyl) amend- them to fulfill their fullest potential in Businesses, 63 percent of small business ment No. 210 (to amendment No. 100), to pro- making the business decisions that cre- owners will make capital improve- vide for the permanent extension of increas- ate jobs. The key of this particular pro- ments over any 6-month period, and ing expensing for small businesses, the de- gram is that it is a job creator. That is this could include acquiring new equip- preciation treatment of leasehold, res- why almost all of us would like to see ment, buying new vehicles, new fur- taurant, and retail space improvements, and this extended as far as we can. I don’t niture, expanding existing facilities, the work opportunity tax credit. Durbin amendment No. 221 (to amendment think there is any real dispute about maybe even buying a new facility. No. 157), to change the enactment date. that. As I said, the Kyl amendment to They need to acquire new equipment the Baucus substitute would simply ex- and facilities to expand their busi- The PRESIDING OFFICER. The Sen- tend this increased small business ex- nesses and create jobs. That is the ator from Arizona. pensing through the year 2012, the point of section 179. It enables job cre- AMENDMENT NO. 209 same extension as is given the work op- ation. That is probably the best anti- Mr. KYL. Mr. President, there are at portunity tax credit. dote to the cost imposed by increasing least two—and I believe only two— For the sake of illustration, you can the minimum wage. amendments that will be pending that see that on this chart, the work oppor- As many experts have pointed out, are germane postcloture to be consid- tunity tax credit is extended through one of the fallouts from increasing the ered. The first of those is my amend- the year 2012, and as a result of the Fi- minimum wage is that some smaller ment No. 209. I will speak to that at nance Committee bill into 2013. The businesses simply hire fewer people. this point and then will continue the other expensing provisions or deprecia- Some even reduce the number of hours debate after some other business has tion provisions that were in the Fi- their entry-level workers work or even been conducted. nance Committee bill are only ex- lay people off. The benefit of section Amendment No. 209 to the substitute tended through the end of the first 179 that everyone has recognized is it is an amendment to the Baucus Fi- quarter of next year, except for section enables the small businesses to grow, nance Committee amendment which 179, which currently goes through the to create jobs, and, therefore, the po- has been agreed to by the Senate. I will end of 2009, and the Finance Committee tential downside of increasing the min- describe the background of that bill takes it through 2010. amendment and then the justification What this amendment would do is imum wage is offset, in effect, and for it. take it through 2012, the same period never occurs because the jobs are cre- Under current law, small businesses as the work opportunity tax credit ated by virtue of section 179 and other can expense $100,000 of qualified busi- under the Finance Committee bill. benefits. ness investments in the first year that The chairman of the committee ar- Everybody recognizes that allowing the property is placed into service. Be- gues that the small business tax relief first-year expensing is what makes it cause the level is indexed for inflation, package should be balanced between easier for small businesses to make in- the 2007 expensing limit is $112,000. But the expensing and depreciation provi- vestments. Business income is over- after 2009, the expensing limit drops sions and the work opportunity tax stated because we require businesses to back down to $25,000 a year, clearly an credit. As I noted, that is extended for depreciate investments over a period of insufficient amount. Recognizing this, 5 years, while section 179 is extended time instead of deducting the entire the Baucus Finance Committee amend- for only 1 year. Small business expens- cost all at once. But the business must ment would extend the increased ex- ing has always enjoyed strong bipar- buy an entire machine or building all

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1366 CONGRESSIONAL RECORD — SENATE January 31, 2007 at once, which ties up funds that other- amendment because the Baucus sub- ity leader to request that we vote at wise would be available to earn in- stitute already extends section 179 noontime or so today and get this proc- come. So allowing the immediate ex- small business expensing to 2010. It in- ess moved ahead. But, no, there are pensing of the $112,000 worth of busi- cludes the necessary offsets to cover those on the other side who have a se- ness investment frees up funds that 2010, and our amendment extends that ries of amendments and they have small business owners can use to grow same expensing through 2011 and 2012, them now. The good Senator from their businesses, and those owners are years in which the pay-go scorecard Montana, Senator BAUCUS, will respond likely to reinvest the money back into has more than sufficient allocation to to the issue which is at hand. their business because they are entre- cover any revenue that Joint Tax I want to reiterate once again that preneurs. This increased business in- projects will not be collected in those this is not an omnibus tax bill. This vestment benefits the entire economy. years. legislation is long overdue. It is not an It is the job creator. I think all of the ends are tied up opportunity for Members to present Small business represents 99.7 per- here. This is something that most of us their tax cut wish list. It is Congress’ cent of all employers. It employs over would like to see done. It would help opportunity to finally right the wrong half the private sector employees. They the small businesses that will bear the of denying millions of hard-working pay 44.3 percent of the total U.S. pri- brunt of the expected passage of the minimum wage workers a raise for 10 vate payroll. This is a very big factor minimum wage increase. We have a years. in our economy. Small businesses gen- way to extend the most useful of the Since the minimum wage was last in- erate 60 to 80 percent of the net new tax deductions, this expensing for creased 10 years ago, we passed $276 bil- jobs, according to statistics over the small business, through 2012. That does lion in corporate tax breaks. In addi- last decade, and create more than 50 not require any new permanent in- tion, Congress has cut taxes for indi- percent of nonfarm private gross do- creases in taxes to offset the cost. It viduals by more than a trillion dollars, mestic income. Extending the in- seems to me that this is very wise pub- with most of the benefits going to the creased limits through 2012 will provide lic policy. It doesn’t have to be par- wealthiest taxpayers. Unfortunately, greater stability for these small busi- tisan. It would be good policy for us to for some of our Republican colleagues, ness owners. The best answer is to ac- extend this. there are never enough tax breaks, and tually make the increases permanent, I urge my colleagues, when we have they have filed more than 25 amend- but that is not what this amendment an opportunity to vote on this amend- ments proposing new or expanded tax does. It extends it to the same period of ment, to support it, or if there is a mo- cuts to the minimum wage bill. Many time that the work opportunity tax tion to table it, to vote against the mo- of them would cost billions of dollars credit is. tion to table. and most are not paid for. Most people would recognize that I yield the floor. So we know our friends on the other this is wise, that it is good policy, and The PRESIDING OFFICER. The Sen- side are attempting to hold the min- that my amendment, therefore, takes ator from Montana. imum wage increase hostage for more us a substantial step in the right direc- Mr. BAUCUS. Mr. President, I under- tax cuts. I believe that is a shameless tion. stand the Senator from Massachusetts strategy. As has been pointed out, the The question before was whether the seeks recognition. I yield to him what- Kyl amendment is one of the most ex- budget would require that there be a ever time he would like to take. pensive of all tax cut proposals. The separate so-called pay-for, a permanent The PRESIDING OFFICER. The Sen- entire amendment would cost more tax increase that would offset the cost ator from Massachusetts is recognized. than $45 billion over the next 10 years. of this temporary tax extension. There Mr. KENNEDY. Mr. President, I Not a single dollar is paid for. It is $45 have been various types of pay-go since thank my friend and colleague, Sen- billion the American people cannot af- the statutory pay-go was enacted in ator BAUCUS. As we get to the opening ford, and it should be rejected. I know 1990. The point of order was enacted in of this debate, I wish to provide a little we will hear from Senator BAUCUS as 1993. Statutory pay-go, which expired sense about where we are on the in- he addresses this issue. in 2002, was enforced by OMB, but Con- crease in the minimum wage. Most of We have debated over the period of gress always enacted legislation to those who watched the debate yester- the last few days tax breaks for cor- avert it. But contrary to popular belief, day saw that we had an overwhelming porate America. Over the last 10 years, the Senate has a pay-go rule in effect majority of Members who voted effec- we have seen $276 billion in tax breaks right now. It was first created in 2003. tively for cloture. Usually, that means for corporations and $36 billion in tax The current pay-go rule provides a 60- the end of debate is in sight. But be- benefits to small businesses. We have vote point of order against any new cause of various procedural situations increased the minimum wage nine mandatory spending or new tax cuts we are facing, now we know we are times. There has only been one time we that exceed specified levels. This is going to have another vote required on have ever added tax benefits. The called the pay-go scorecard. Those lev- cloture. This debate probably will roll House of Representatives, with the els are set in the budget resolution, on into the very end of the week. There vote of 82 Republicans, passed a clean and the current scorecard set in the is no reason we can’t dispose of the bill. That is what we should be about 2006 budget resolution, which was the amendments rapidly. There are impor- doing here. That is not where we are. last budget agreed to by the House and tant responses that should be made, A final point I will make is that it Senate and the one applicable here, and then we can get about the business came to my attention over the evening currently allows no unoffset tax cuts of finding ways where we can bring the that many of the spouses of our service or mandatory spending from 2006 to House and Senate bills to accommoda- men and women in Iraq are working for 2010. But it does allow up to $268 billion tion and get the increase in the min- low wages. In looking over the numbers in offset tax cuts or mandatory spend- imum wage to those who are hard of spouses of service men and women in ing from 2011 to 2015, without trig- working and are entitled to this in- Iraq, there are 50,000 who will benefit gering a point of order. There is no crease. from an increase in the minimum point of order against this amendment This is our eighth day of debate on wage. Imagine that, 50,000 members of because of the current scorecard and this issue. We have had 16 days of de- the military force and their families the way this amendment would work. bate, outside of these last 8, so we’re up will benefit from an increase in the The problem with any version of pay- to 24 days where we have debated the minimum wage. That is not a point to go is that the CBO assumes all entitle- minimum wage on the floor of the Sen- dismiss lightly. ment programs live forever, regardless ate without getting an increase, 24 I think we ought to get about the of whether a program must be reau- days we have debated, an issue as sim- business of doing something for those thorized. But tax cuts that must be re- ple as going from $5.15 to $7.25 an hour families and spouses. It is difficult for authorized are not included in the should not take all that period of time. me to believe we have that number, but baseline. Pay-go does not apply to ap- We know that here on the Democratic that is the figure—50,000 working be- propriations. So that is why there is no side we are prepared to vote now, tween $5.15 and $7.25 an hour, so they pay-go point of order against this today. I am sure we can get the major- would directly benefit from the raise to

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1367 $7.25. These are spouses of our military compliment my good friend from Mas- can get that accomplished in the early forces, and we are debating another $45 sachusetts. afternoon so we can move on to the billion in tax cuts. This is supposed to Mr. President, for the information of next Kyl amendment and debate that be a debate about an increase in the Senators, we are wondering what in the and vote on that amendment as quick- minimum wage that hasn’t been raised world is going on here. Let me share ly as possible. I hope there are no more for 10 years. All it will do is restore the some thoughts on the schedule. We are amendments. We are getting close. We purchasing power of those on the lower seeking to arrange votes on two all want to get a minimum wage bill rung of the economic ladder. It seems amendments by my colleague from Ari- passed, which is so important to so to me this continued delay is uncon- zona, Senator KYL. We on our side of many people in our country. I think we scionable. the aisle are ready to vote. We want to ought to take the responsible action Some have said it is necessary be- vote. It appears, though, that there are and dispose of these tax amendments cause our good friends on the other some objections on the other side of that are not paid for and reject them side are not prepared to get started on the aisle. I hope we can vote in the and get on to final passage on min- the debate on Iraq. There have been a early afternoon. The objections, I un- imum wage, which I hope will be to- lot of excuses and we hear all of them. derstand, are conflicts that Senators morrow. But what has to be recognized is the in- have in the next couple of hours. I hope The PRESIDING OFFICER. The Sen- crease in the minimum wage to $7.25 is we can have at least one vote in the ator from Iowa is recognized. going to benefit more than 6 million early afternoon. Probably after that, Mr. GRASSLEY. Mr. President, pre- children. More than one million more we will have another vote in relation vious to Senator BAUCUS speaking, we children have fallen into poverty in the to another Kyl amendment, and we are heard my friend from Massachusetts last 5 years. Six million children who hoping those rollcall votes will be all harangue about minimum wage not live in homes where there will be an in- that are left. being considered for the last 10 years crease will benefit, with all of the im- An agreement is not entered into and that it is about time we get the job plications that has in terms of nutri- yet—we are working on it—but it is my done. I am going to be one of those to tion, education, health care, and also hope we will have an early vote this vote yes to get the job done, to in- in terms of the joy families can have afternoon and that then there is one crease the minimum wage. But I think when they get at least some small re- more vote after that, on another Kyl it is legitimate to ask a couple of ques- lief. These are hard-working people amendment. That should help us to tions. One, there was a period of time who are trying to provide for them- reach a conclusion on this bill, al- during that 10 years that Senator KEN- selves and their families and trying to though I suspect a final vote will not NEDY’s party was in the majority and make a difference in the community. be until tomorrow. That is the state of controlled the Senate. I don’t recall They are men and women of great dig- play right now. them bringing up the minimum wage nity. A couple words on the substance of issue at that particular time. If it was We ought to be getting to a final vote the amendment offered by the Senator so important that it be done before this on increasing the minimum wage, and from Arizona, Senator KYL. This is period of time has elapsed, I would we ought to get about it now. If there only one of seven amendments he has have thought they would be voicing is going to be additional debate on offered. Like six of those seven, this concern about raising the minimum taxes and other things, let’s do it at one is not offset. We have already wage as much and have a responsibility another time. Let’s not hold hostage— voted on one amendment by the Sen- to do it when they were in the major- which is what’s being done here—an in- ator from Arizona. The remaining are ity, as it is now; and we are accused be- crease in the minimum wage for addi- not offset, and they would explode the cause we want to amend some tax pro- tional tax breaks. Let’s not do that. budget deficit. The earlier amendment visions to it, which are very directly Let’s say we have sufficient respect was soundly defeated on previous roll- related to some of the negative im- and admiration for these men and call vote. It was offset by cutting edu- pacts of increasing the minimum wage women of dignity. They are primarily cation benefits for families who work on small business, and it is a very le- women in our society—and many of in education institutions. That was de- gitimate point to bring up. these women who have children. For feated. The second point I will bring up to all these who are working hard at the The amendment offered by the Sen- the Senator from Massachusetts is, minimum wage, let’s say we have suffi- ator from Arizona now is similar to the when he talks about adding tax provi- cient respect for them so we are not one we have defeated. He would like to sions to the minimum wage, has he for- going to hold them hostage to get tax extend the section 179 expensing provi- gotten that during the signing cere- breaks after tax breaks after tax sion in the law. We are doing that in mony of the last increase in the min- breaks after tax breaks. These men and the bill. The bill increases the length of imum wage bill by President Clinton women are entitled to a Senate deci- time in which the section 179 expense Senator KENNEDY was praised for sion. We on our side are prepared to provision would be in law. We would bringing a bill to the President that vote on it now; the sooner the better. enable that extension to occur until had tax provisions that were very bene- I am grateful to my colleague and 2010. My Lord, this is 2007. That is not ficial to small business and also other friend from Montana for permitting me a permanent extension, but it is still, provisions that were very beneficial to to say these words. I thank him very given the constraints we have, a rea- minimum wage workers by increasing much for the courtesy. sonable extension. Everybody likes cer- the minimum wage? The PRESIDING OFFICER. The Sen- tainty. We would like a little more cer- I read from President Clinton’s state- ator from Montana is recognized. tainty in the Senate than we have. But ment last week during the debate. I Mr. BAUCUS. Mr. President, I tip my it is still, I think, certainly already in know Senator KENNEDY heard me say hat to my good friend from Massachu- the law and it is not good policy to that. And yet it seems like it went in setts. He is such a fighter and he is so adopt the amendment of the Senator one ear and out the other because here correct in the statements he is making from Arizona which would extend it for he is saying it is wrong now, that when on behalf of the people who need this a couple more years but cost about $2 we are increasing the minimum wage, increase in the minimum wage. billion, which would be totally unpaid we have a small business tax provision It is unconscionable that the Senate for. If there is one thing the American included with the minimum wage in- is delaying that increase. The House people want, it is for us to live within crease. passed an increase. We have the same our means and not increase the deficit It makes me wonder if there is a dou- goal line, but we have a more circui- but to try to reduce the deficit. This ble standard: It is okay to have tax tous route in getting there. The Senate amendment increases the deficit. We bills connected with a minimum wage is taking so much time in our way to have voted on a similar amendment increase when there is a Democratic get to the same goal line and raise the and it has been rejected. I hope the President, but when there is a Repub- minimum wage. The Senator from Mas- same is true here. lican President, it is not okay. I don’t sachusetts is pricking our conscience At the appropriate time, I will move think we ought to have those sort of to get this done quickly—now. I deeply to table the amendment, and I hope we double standards. I think if it is okay

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Plus, I could raise the issue that if it the same way it was in the previous ad- And that is that vocational education is legitimate to have tax changes to ministration. goes along with a young person getting benefit small business at the same I am very happy that yesterday clo- the first job that they have ever had so time we are having increases in the ture was invoked on the Baucus sub- that they learn to get up in the morn- minimum wage, this tax package is stitute amendment, and it contains ing, go to work, and be part of the very meager compared to the one that these two very important components workforce. was in the bill that President Clinton about which I have already talked. For If you are not in the workforce, you signed. At that time, I believe, there summary, in case people are now begin- are never going to work your way up was about $20 billion worth of small ning to pay attention to this debate the economic ladder. So getting in the business tax changes to benefit depre- after 1 week in the Senate, the first workforce, learning the rules of the ciation and other things that can offset component proposed an increase in the workforce, treating people right, tak- the detrimental impact on a minimum minimum wage. ing orders, being a productive citizen is wage increase on small business. You can make all sorts of arguments very important vocational education. We all know there is no detrimental why maybe the minimum wage should So if we are creating some unemploy- impact on larger businesses that can not be increased. Economists can make ment, particularly among minority pass along the cost. But for smaller that argument about some increase in young people, because of a decision we businesses that can’t, for struggling unemployment. Some people would say are making, a political decision we are small businesses, in particular mom you should never have passed the min- making, we ought to at least take that and pops, it has to be something we imum wage in the first place in 1938. into consideration. But for two decades take into consideration not only for But forget those economic arguments. now we have considered that there is the benefit of the smaller business but It is a political decision that we have some negative impact. also for the benefit of the workers who had a minimum wage for the last 70 There is not going to be a one-for-one work for that small business that years, and it has to be a political con- correlation between changes we make maybe will be more underemployed or sideration that it ought to be increased in depreciation schedules for small unemployed because maybe the small from time to time or you shouldn’t business that is going to guarantee Joe business can’t afford to keep the same have it. Blow or Mary Smith, teenagers work- number of workers as when the min- So let’s get over that argument, as ing for a mom-and-pop grocery store, imum wage was lower. So all of these legitimate as the economic arguments that they are going to be able to keep things seem to me to be legitimately might be. They are going to be put their jobs. But it is some relief across the board that is going to benefit small tied together. aside because we are not going to But in the case of a $20 billion tax eliminate the minimum wage. It is a business, and there may be less unem- package 10 years ago, compared to an part of the safety net of American soci- ployment of teenagers, less unemploy- ment of minority teenagers so that $8 billion tax package in this bill, and ety. It is part of the fabric of our soci- they can get in the world of work and considering inflation over the last 10 ety, just as Medicare, Medicaid, and work themselves up the economic lad- years, there isn’t a single person listen- Social Security. You can all argue der. So the Baucus substitute is before ing to this debate who doesn’t know about whether seven decades ago some us and will pass this body. that when there are complaints about of these decisions should have been Despite serious policy concerns about connecting together a tax bill with a made by Congress. But after a period of the efforts to raise the minimum wage, minimum wage increase, compared to time, you accept it as a fact of life; we all know that public support for in- the last time this was done in the Clin- they are part of the social fabric of creasing the minimum wage remains ton administration, this tax package is America, and move on. It is a question strong. And who can argue with that? peanuts compared to what we did for now of how much. Ten years? So there is a rationale for small business then—peanuts. Yet we That decision has even been an- raising it. It is pretty hard to convince are having this harangue about it, that swered—$2.10. It is about the same de- anybody that as long as Congress is somehow this debate is not legitimate. cision that is being answered in several setting a minimum wage, it shouldn’t Well, if it was legitimate in the Clin- State legislatures around the Nation, be adjusted from time to time. So it is ton administration, why isn’t this de- including my own State of Iowa, which quite obvious. That is why we are here bate legitimate now, particularly con- now has made a decision that it ought for that debate. So the political reality sidering the great lengths to which to be $2.10, albeit triggered a little is that a majority of Senators support President Clinton went to compliment quicker than is going to be done under a minimum wage increase, not based Senator KENNEDY for delivering a bill this bill. So we move ahead and that is upon being trustees of the American to President Clinton that had provi- taken care of. people but based on the proposition of sions benefiting small business, as well The second component is not seven being representatives of the American as benefiting the minimum wage work- decades old, as I indicated. The Baucus people. And that message is coming er? substitute connects these efforts to as- very clearly from the grassroots. We are going to get a bill passed. I sist small business with some changes As predicted, the cloture vote last don’t know who is complaining. What in the tax law to benefit them. It has week showed there are not 60 votes for is coming up when we get done? Well, only been in the recent two decades this minimum wage bill without the of course, the debate, I suppose, on Iraq that that has been an issue. But at small business tax incentives. And for is going to come up. And it ought to least it recognizes something that Senator KENNEDY, who is haranguing come up. We know what is coming up. maybe wasn’t recognized before; that about the fact this is not being passed We know there is not going to be any small business is the engine of employ- fast enough, the members of his own more votes on that issue this week. So ment in America and it ought to be party voted with us on that, and that if we get this bill done today or tomor- recognized that, in some instances— seems to show it is bipartisan. row—and I bet it will be done today— and economists can back this up—there As I said before, tax incentives tar- then we know that is probably going to is some underemployment or unem- geted to small business and other busi- be the last vote of the Senate this ployment, particularly among young nesses impacted by a minimum wage week. I think the people on the other people, and most particularly among increase have been linked to minimum side of the aisle who are managing this minority young people. wage legislation over the past couple of bill know that. They know when we get I think it is legitimate to consider decades. Democrats have, at times, a couple of votes on a couple of other that because we make a great deal in joined Republicans in supporting that tax provisions, that it is limited. We this Congress about having programs linkage. Once again, Republicans have know there is finality coming. There for the unemployed, such as retraining. asked for small business tax relief, if a hasn’t been any effort by anybody on We make a big deal about education, minimum wage hike is going to hap- this side of the aisle to hold up this vocational education, and preparing pen. Based on an overwhelming cloture

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1369 vote yesterday on this Baucus sub- Ms. LANDRIEU. I yield back the re- million people in the year 2007 could be stitute, it looks as if we are going to mainder of the time. hit by the alternative minimum tax, if get there. Democrats, in effect, agree— Madam President, I suggest the ab- we do not do something about it. Since through that vote—with this linkage. sence of a quorum. we have to offset things such as this, if To different groups of Senators, these The PRESIDING OFFICER. The we patch this up again, it is going to topics carry their own benefits or bur- clerk will call the roll. take $50 billion to offset or, if it isn’t dens. Many on my side don’t like the The legislative clerk proceeded to offset, that means $50 billion that idea of second-guessing the labor mar- call the roll. would come into the Federal Treasury ket with a federally mandated min- Mr. DURBIN. Mr. President, I ask under existing law would not come in. imum wage. In past statements, I unanimous consent that the order for Next week I will give a series of pointed out some of the related issues the quorum call be rescinded. speeches in some detail. I am going to that should give us pause when consid- The PRESIDING OFFICER. Without look at how we got where we are on the ering such legislation. Some, mostly objection, it is so ordered. alternative minimum tax. I will exam- Democrats, will call this bill before us (The remarks of Mr. DURBIN are ine the history of the alternative min- nothing but a minimum wage increase printed in today’s RECORD under imum tax and the origins of the cur- bill. Some, mostly on my side of the ‘‘Morning Business.’’) rent problem. In another speech, I am aisle, will call it a small business tax Mr. DURBIN. Madam President, I going to discuss the fiscal effects of relief bill. But isn’t that how we get yield the floor and suggest the absence maintaining, repealing, and replacing things done in the Senate? Doesn’t al- of a quorum. the alternative minimum tax. And in most everybody have to have a win? The PRESIDING OFFICER. The the third speech, I will talk about op- And in this aren’t we having a win-win clerk will call the roll. tions to remedy the alternative min- situation in a bipartisan way? The bill clerk proceeded to call the imum tax problem in the short term I suppose some of our Members are roll. and over the long term. going to have it both ways, it is going Mr. GRASSLEY. Madam President, I Today, on a preemptive basis, I want to be both a minimum wage increase ask unanimous consent that the order to counter a charge that I think is and a small business tax relief bill. for the quorum call be rescinded. going to be repeated by Democratic- President Bush, similar to President The PRESIDING OFFICER. Without leaning think tanks, maybe by the Clinton, whom I have already quoted, objection, it is so ordered. leadership of the Congress, and, more will recognize both parts of this pack- Mr. GRASSLEY. Madam President, I importantly, by east coast media who age. If my friends on the other side of ask unanimous consent to speak as in tend to be sympathetic to the views of the aisle would review that statement, morning business for what time I those political organizations. The as I led them to review it last week, might consume, and it will not be too charge will be that the alternative they will note that President Clinton long, on two bills I am going to intro- minimum tax problem we face is a re- saw merit in the small business tax re- duce. sult of the bipartisan tax relief legisla- lief package. The PRESIDING OFFICER. Without tion enacted in 2001 and 2003. If I were chairman, I might have tilt- objection, it is so ordered. I ask unanimous consent to maintain ed the package a bit more toward de- (The remarks of Mr. GRASSLEY and the floor and yield to the majority to preciation and less toward, let’s say, Mr. DODD pertaining to the introduc- make a unanimous-consent request. that portion that we call the worker tion of S. 467 and S. 468 are printed in The PRESIDING OFFICER. Without opportunity tax credit. It is important today’s RECORD under ‘‘Statements on objection, it is so ordered. these incentives coincide with the tim- Introduced Bills and Joint Resolu- Ms. KLOBUCHAR. Mr. President, I ing when the minimum wage increase tions.’’) ask unanimous consent that the time will be taking effect. It has been prov- Mr. GRASSLEY. Madam President, between now and 2:30 p.m. be equally en that a minimum wage hike without since I do not think anybody else is divided between Senators BAUCUS and tax relief for small business will not fly seeking the floor, I suggest the absence KYL or their designees; that at 2:30 in a body where we have to move ahead of a quorum. p.m., the Senate vote in relation to in a bipartisan way or nothing gets The PRESIDING OFFICER. The Senator KYL’s amendment No. 209; that done. Let’s recognize that reality. clerk will call the roll. no other amendment be in order prior Let’s improve this bill and complete it The assistant legislative clerk pro- to that vote; that following that vote, in a timely manner. ceeded to call the roll. amendment No. 115 be considered in Mr. President, I suggest the absence Mr. GRASSLEY. Mr. President, I ask order for purposes of drafting under of a quorum. unanimous consent that the order for rule XXII; and that all other amend- The PRESIDING OFFICER. The the quorum call be rescinded. ments to the bill and to the substitute clerk will call the roll. The PRESIDING OFFICER (Mr. be withdrawn accept for amendment The legislative clerk proceeded to MENENDEZ). Without objection, it is so No. 115; and that no other amendments call the roll. ordered. Mr. VITTER. Madam President, I ask be in order except the substitute and Mr. GRASSLEY. Mr. President, I ask amendment No. 115. unanimous consent that the order for unanimous consent to continue as in the quorum call be rescinded. The PRESIDING OFFICER. Without morning business for, I would say, objection, it is so ordered. The PRESIDING OFFICER (Ms. roughly 10 or 12 minutes on an issue KLOBUCHAR). Without objection, it is so Mr. GRASSLEY. Let me ask the ma- unrelated to what is on the Senate jority, would they like me to yield the ordered. floor. Mr. VITTER. I ask unanimous con- floor for that debate? The PRESIDING OFFICER. Without sent that I be allowed to speak for up Ms. KLOBUCHAR. No, Mr. President. objection, it is so ordered. to 7 minutes as in morning business, Mr. GRASSLEY. Next week, when ALTERNATIVE MINIMUM TAX and following that, Senator LANDRIEU the President’s budget comes out, be given permission to speak as in Mr. GRASSLEY. Mr. President, next there is going to be an awful lot of dis- morning business for up to 7 minutes. week the President’s budget will come cussion about the alternative min- The PRESIDING OFFICER. Is there to Capitol Hill. In terms of tax issues, imum tax. I am trying to preempt—in objection? Without objection, it is so no issue is more pressing in the upcom- a sense counter—what I think are old ordered. ing budget than resolving the alter- arguments that are going to be re- Ms. LANDRIEU. Madam President, I native minimum tax issue for both the peated about that issue. They are going ask unanimous consent that the time short term as well as the long term. to be coming from leftwing think be charged postcloture. As many Members know, the so- tanks, and maybe the Democratic lead- The PRESIDING OFFICER. The Sen- called patch—the temporary fix we did ership in the Congress will pick up on ators’ time will be charged postcloture. last year for the alternative minimum it. For sure, the east coast media, who (The remarks of Mr. VITTER and Ms. tax so no more people would be hit by tend to be sympathetic to the views of LANDRIEU are printed in today’s it than are presently hit by it—ran out these political organizations, is going RECORD under ‘‘Morning Business.’’) at the end of last year. So right now 23 to be loudly speaking about it. I don’t

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1370 CONGRESSIONAL RECORD — SENATE January 31, 2007 find anything wrong with it being dis- and a Federal alternative tax revenue, permanently extended or repealed. We also cussed, but I am going to make sure it if neither the Bush tax cuts nor the explain how this information compares to in- is discussed in an intellectually honest hold-harmless provisions is extended, a formation previously provided to you on Au- manner. $400 billion issue compared to the $1.1 gust 31, 2005 and September 16, 2005. The charge is going to be made that trillion issue. For the purpose of this analysis, we have the alternative minimum tax problem From that data, some erroneously first assumed that the tax cuts are repealed. we face now is a direct result of the bi- concluded and publicly represented The first set of figures in Table 1 compares the AMT effect under this assumption if, al- partisan—I emphasize bipartisan—tax that the tax cuts of 2001 and 2003 are re- ternatively, (1) the AMT exemption amount relief legislation that was enacted in sponsible for 65 percent of the alter- hold-harmless provision is not extended be- 2001 and 2003, which, by the way, Chair- native minimum tax problem. In other yond 2005; (2) such provision is extended per- man Greenspan has said, both before he words, this $1.1 trillion minus the $4 manently; and (3) such provision is extended left the Fed as well as a private citizen, billion divided by $1.1 trillion. And con- permanently and indexed after 2005. The sec- that these tax relief packages we versely then, that the tax cuts of 2001 ond set of figures presents the same compari- passed back then are the basis for the and 2003 tripled the size of the alter- son under the assumption that the tax cuts economy going very smoothly in the native minimum tax problem; again, are permanently extended. All of the infor- mation provided in this table was previously last 3 or 4 years, creating 7.2 million $1.1 trillion divided by $400 billion. The provided to you in our September 16, 2005 jobs. If that is the argument they are logic used to reach that conclusion is memo, except in a different format. going to make—and I will bet you, al- flawed. That is what I am about to though I am not a betting man, that show. TABLE 1 that is what we are going to hear—it is This is because the many variables a distortion, plain and simple. So I affecting the alternative minimum tax AMT effect Item (billions of think I am going to try to correct the have overlapping results, and the order dollars) record in advance. Maybe next week, if in which one analyzes those overlap- Tax Cuts Repealed: I have done it adequately, there won’t ping variables will directly impact the (1) Hold-harmless provision not extended ...... 399.9 be any record to correct. I have been outcome of the analysis. (2) Hold-harmless provision extended permanently ...... 212.0 (3) Percentage of AMT effect attributable to failure to around here long enough to know what In that way, we can use the same extend hold-harmless provision (((1)–(2))/(1)) ...... 47% is going to be said. Joint Committee on Taxation data in (4) Hold-harmless provision extended permanently and indexed ...... 169.7 To the extent the Democratic leader- the analysis above to suggest that the (5) Percentage of AMT effect attributable to failure to ship and allies suggest, like others who failure to index is actually the domi- extend and index hold-harmless provision (((1)–(4))/ (1)) ...... 58% have looked at this issue, that the bi- nant cause of the alternative minimum Tax Cuts Extended Permanently: partisan tax relief packages are respon- tax problem. If one were to first (6) Hold-harmless provision not extended ...... 1,139.1 (7) Hold-harmless provision extended permanently ...... 628.5 sible for the alternative minimum tax index—and that wasn’t done 35 years (8) Percentage of AMT effect attributable to failure to problem, I respond in this way: Most ago—the current tax system for infla- extend hold-harmless provision (((6)–(7))/(6)) ...... 45% (9) Hold-harmless provision extended permanently and who have reached that conclusion have tion by permanently extending an in- indexed ...... 472.0 done so by misusing data, data that is dexed version of the current hold- (10) Percentage of AMT effect attributable to failure to extend and index hold-harmless provision (((6)–(9))/ provided by the truly nonpartisan harmless provisions, Federal alter- (6)) ...... 59% Joint Committee on Taxation, an agen- native minimum tax revenue would be cy of Congress that you might say reduced from $1.1 trillion to $472 billion In the information provided to you on Au- wears green eyeshades, looks at things over the 10-year period we use to guess- gust 31, 2005 and September 16, 2005, we ana- as they are, without a Republican or timate taxes coming into the Federal lyzed the portion of the AMT effect attrib- Democratic bias. These figures of the Treasury. Thus, extending and index- utable to the tax cuts. In the analysis de- Joint Committee on Taxation will be ing the current hold-harmless provi- scribed above, we identify the portion of the used to distort the record on the issue sion for future inflation would reduce AMT effect attributable to failure to adjust of the alternative minimum tax. the alternative minimum tax revenues the AMT exemption amount to inflation. There is, however, interaction between these The Joint Committee on Taxation by 59 percent over the same period re- analysis suggests an alternative expla- two contributing factors to the AMT effect. ferred to in the Joint Committee on In order to avoid double counting of inter- nation for the alternative minimum Taxation letter dated October 3, 2005, actions, a stacking order is imposed. The ap- tax problem, and that is the failure of as ‘‘percentage of AMT effect attrib- portionment of effects to each contributing Congress to index the alternative min- utable to failure to extend and index factor will vary depending on the stacking imum tax for inflation when it was hold harmless provision.’’ order, even though the total effect remains first established 35 years ago. The crit- I ask unanimous consent to print a constant. ics are going to charge that the bipar- copy of that entire letter in the This phenomenon is illustrated by Tables 2 tisan tax relief packages are respon- RECORD. and 3 below. The first two columns of Table sible for this alternative minimum tax There being no objection, the mate- 2 show the portion of the AMT effect attrib- problem. This conclusion is reached in rial was ordered to be printed in the utable to the tax cuts, consistent with the error because it is based upon faulty information provided on August 31, 2005 and RECORD, as follows: September 16, 2005. The second two columns logic. Those who have done similar CONGRESS OF THE UNITED STATES, of Table 2 show the portion of the AMT ef- analyses have based their conclusions JOINT COMMITTEE ON TAXATION, fect attributable to the failure to extend and on the mistaken assumption that a re- Washington, DC, October 3, 2005. index the hold-harmless provision, con- duction in Federal receipts should be To: Mark Prater and Christy Mistr. sistent with the information provided in interpreted as a percentage causation From: George Yin. Table 1 above. Note that if these two con- of the alternative minimum tax prob- Subject: AMT Effects. tributing factors were completely inde- lem. The Joint Committee on Taxation This memorandum responds to your re- pendent of one another, the information in was asked to project Federal alter- quest of September 29, 2005, for an analysis of Table 2 would suggest that the two factors together contribute to more than 100 percent native minimum tax revenue, if the bi- the portion of the AMT effect (AMT liability plus credits lost due to the AMT) which can of the AMT effect. In fact, as shown in Table partisan tax relief provisions were ex- be attributed to the failure to adjust the 3, the two factors together contribute to tended but current law hold-harmless AMT exemption amount to inflation, assum- only 85 percent of the AMT effect. Thus, provisions were not extended. And ing alternatively that the EGTRRA and there is substantial overlap between these what do we get, a $1.1 trillion issue, JGTRRA tax cuts (‘‘tax cuts’’) are either two factors. TABLE 2

AMT effect AMT effect Item (billions of Item (billions of dollars) dollars)

Baseline ...... 1,139.1 Baseline ...... 1,139.1 Repeal tax cuts ...... 399.9 Extend and index AMT hold-harmless provision ...... 472.0 Difference ...... 739.2 Difference ...... 667.1 Percentage of baseline ...... 65% Percentage of baseline ...... 59%

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1371 TABLE 3 lions more people who were never in- we are going to have 23 million people tended to be affected by it. hit by it. A year from now then, those AMT effect Item (billions of It was, in fact, the Finance Com- 23 million people will be working with dollars) mittee that put its money where its the complexities of the AMT and pay- mouth was on the alternative min- Baseline ...... 1,139.1 ing the alternative minimum tax. They Repeal tax cuts and extend and index AMT hold-harmless imum tax. Last year’s bipartisan tax are people who come from those high- provision ...... 169.7 Difference ...... 969.4 relief reconciliation did the same thing income States, more so than the State Percentage of baseline ...... 85% for the year 2006—in other words, to I come from, although we have people make sure that the alternative minute who are hurt by it—or would be hurt by Mr. GRASSLEY. Let’s go back to the tax problem is not worsened. Once it—but not to the extent of some of the Joint Committee on Taxation analysis. again, it was the bipartisan leadership high-income States. On October 15, a If we then assume that the tax cuts of of the Finance Committee that ensured taxpayer’s first quarter estimated tax 2001 and 2003 are repealed, alternative millions of families would not face the payments will be due, and they will minimum tax revenue falls by an addi- alternative minimum tax problem in have to take this into consideration. tional $302 billion, from $472 billion to the tax-filing season this year. Twenty-three million families will $169 billion. That second drop attrib- I might say that Republicans, last have to start dealing with the AMT yet utable to the repeal of the Bush tax year, when we were controlling, were this year on these quarterly estimates. cuts reduces Federal revenue by only 27 willing to add millions of people to it Last year, Congress acted a few percent. Thus, one should argue that because they didn’t want to hold harm- weeks after April 15. Hopefully, this failure to index is a greater cause of less completely, just to some extent. Congress will act before April 15. Mr. the alternative minimum tax prob- But we in the Senate stuck to our President, next week, Congress will be lem—in other words, 59 percent versus guns, and we got the hold harmless facing the AMT problem as the budget 27 percent. If we had indexed, we kept in place, as it had been since 2001. process moves forward. That is what is wouldn’t have this problem. I reiterate the importance of the last going to start this demagoguery about Using logic similar to that under- sentence in my remarks, where I said the AMT. To get a grip on that prob- taken above would also cause us to that the Finance Committee ensured lem, we need to examine its history, conclude that failure to index is re- that millions of families would not face sponsible for 59 percent of the alter- assess its fiscal impact, and carefully the alternative minimum tax in this consider our short-term and long-term native minimum tax problem or, alter- tax-filing season that we are in right natively, that failure to index also options. I look forward to these discus- now. Everyone who supported the tax sions on these three topics next week. nearly triples the size of the AMT prob- relief reconciliation bill walked the lem. But simple logic suggests that the Let’s use correct data when we discuss walk on the alternative minimum tax. the alternative minimum tax. Let’s be bipartisan tax relief cannot be respon- A lot of the critics I am referring to sible for 65 percent of the alternative intellectually honest. Let’s discard the have talked that walk on the alter- partisan fuzzy math and partisan revi- minimum tax problem and failure to native minimum tax, but if you look at index responsible for 59 percent of the sionist history. their voting records, they have not Mr. President, I suggest the absence problem. The anomaly arises because walked the walk on the alternative there is overlap between variables of a quorum. minimum tax. Thank goodness, then, The PRESIDING OFFICER. The being analyzed. Although the analysis 15 million families were put above poli- fairly demonstrates the amount of al- clerk will call the roll. tics, or you might say a bipartisan so- The assistant legislative clerk pro- ternative minimum tax revenue saved lution saw that they were not harmed ceeded to call the roll. by making a particular change to the because, otherwise, 15 million families Mr. GRASSLEY. I ask unanimous Federal tax system, it is inappropriate would be dealing right now, as they file consent that the order for the quorum to represent that such analysis accu- last year’s income tax, with the AMT call be rescinded. rately isolates causation of the alter- in their tax returns—in other words, The PRESIDING OFFICER. Without native minimum tax. Because there is paying the alternative minimum tax objection, it is so ordered. overlap in the variables being analyzed because we did not hold harmless. Mr. GRASSLEY. Mr. President, I ask in these examples, indexing and the bi- If they had to deal with that, you unanimous consent that the time dur- partisan tax relief packages, the order know how complex they think the tax ing the quorum call be equally divided. of analysis of those variables is crucial forms are already and the tax system is The PRESIDING OFFICER. Without to whatever outcome we have. already. Well, if you have to go objection, it is so ordered. The Joint Committee on Taxation through that alternative minimum tax Mr. GRASSLEY. I suggest the ab- acknowledges this point to us in a let- exercise, it almost doubles the com- sence of a quorum. ter dated October 3, from which I will plexity. Every Member who voted The PRESIDING OFFICER. The quote: against the bipartisan tax relief rec- clerk will call the roll. There is, however, interaction between onciliation bill ought to think about The assistant legislative clerk pro- these two contributing factors to the AMT that bottom-line reality. If that group, ceeded to call the roll. effect. In order to avoid double counting of Mr. LEAHY. Mr. President, I ask interactions, a stacking order is imposed. led by—because it tended to be very The apportionment of effects to each con- partisan—the Democratic leadership unanimous consent that the order for tributing factor will vary depending on the had prevailed, 15 million families con- the quorum call be rescinded. stacking order, even though the total effect centrated in the so-called blue States The PRESIDING OFFICER. Without remains constant. would have been dealing with the alter- objection, it is so ordered. To this point in time, I have not seen native minute tax now. It is a fact—be- FISA COURT ORDERS anything that accurately suggests that cause higher income people tend to live Mr. LEAHY. Mr. President, I received the 2001 and 2003 tax cuts have wors- in the so-called blue States, according notice this morning that President ened the alternative minimum tax to the results of the last two Presi- Bush has agreed to our bipartisan re- problem to date. It is my intention to dential elections—they are paying quest for key recent orders from the ensure we continue to honor that com- more of this alternative minimum tax. FISA Court. Let me explain this a lit- mitment. They happen to be represented by peo- tle bit. I have been very critical now Proponents of this charge fail to rec- ple of the other political party who for some time of the warrantless wire- ognize that we addressed the problem thought that the hold harmless provi- tapping of Americans done, apparently, for 2001 through 2005 in legislation that sions should not have been there. So 15 under the President’s order. We have, most of these organizations opposed. million people—most of them in those as the distinguished Presiding Officer By the way, those hold-harmless alter- States—would be hit again. knows, the Foreign Intelligence Sur- native minimum tax provisions were The clock is ticking on the alter- veillance Act, which sets up a special the first significant legislative efforts native minimum tax problem for this court where you can go in secret if you to stem the rise of the alternative min- year. In other words, we have to do suspect a terrorist is phoning into the imum tax tide, meaning affecting mil- something before the end of the year or United States, and you can get an

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This has been Court establishing a new line of judi- ments. troublesome to a lot of people on both cial review for that surveillance pro- I know Senator LEAHY was on the sides of the aisle. gram. floor a little earlier today, within the So we learned recently—Senator Back on December 16, 2005, the New past half hour or so, and I wanted to SPECTER and I—that the Foreign Intel- York Times broke a major story dis- join him in thanking the President for ligence Surveillance Court had issued closing that there had been a secret this action. We have seen an expansion orders authorizing NSA’s wiretapping wiretapping program, electronic sur- of Executive authority which I have program, which meant the President veillance without the customary judi- spoken about on this Senate floor in a was going back to the court, as he cial review. The customary approach is number of situations with the signing should have, of course, before. We to have a law enforcement official statements, where the President signs asked the court to make these orders apply for a warrant showing an affi- legislation but expresses reservations. available to the Judiciary Committee. davit of probable cause to justify a There is a real question in my mind as The chief judge of the court approved search and seizure for a wiretap which to the constitutionality of that. The providing the orders but left the final is a facet of the search and seizure, and Constitution provides that Congress decision to the executive branch. that disclosure back on December 16 passes legislation and the President ei- I made it clear, when Attorney Gen- was quite a revelation. As a matter of ther signs it or vetoes it. I have intro- eral Gonzales appeared before us, that fact, we were in the midst of debating duced legislation to give Congress we expected to see the orders. After all, the PATRIOT Act at that time, trying standing to challenge those signing we write the law as to how the Foreign to get that through on reauthorization, statements or limitations therein in Intelligence Surveillance Act is sup- and it was a major bone of contention, court and other examples of the expan- posed to work, and we have the respon- with some Senators saying they had sion of Executive authority. sibility to make sure it is followed. The been disposed to vote for the reauthor- So I think this is a significant step President has made the right decision ization of the PATRIOT Act and forward, and I commend the President in changing his previous course of uni- wouldn’t do so now with the disclosure and the Department of Justice for tak- laterally authorizing the warrantless of that program. ing this stand. I am going to reserve surveillance program. He is now going Through a good bit of last year, the judgment on the program itself, obvi- to follow the law in seeking court ap- Judiciary Committee worked on ef- ously, until I have had a chance to re- proval for wiretaps. forts, through legislation, to have judi- view it. But I did want to acquaint my Senator SPECTER and I, on behalf of cial review of that program, and, in colleagues in the Senate with what is the Judiciary Committee, will have to fact, at one point an agreement was happening and acquaint the American look at the contours of the wiretapping reached with the White House on a leg- people too because there has been con- program. We have to look at the islative package to move forward. Ulti- siderable concern about the protection Court’s orders to determine whether mately, that legislative effort was un- of civil rights, and obviously our war the administration reached the proper successful and the program continued on terrorism has to be fought in a vig- balance to protect Americans, while to have these wiretaps without judicial orous and tenacious manner, because it following the law and the principles of approval. Then, on January 17—earlier is a real threat to our national security checks and balances. I hope the admin- this month—the Attorney General an- and the safety of the American people, istration will eventually allow all nounced there had been a change in but at the same time have the bal- members of the Judiciary Committee programming and there would be appli- ancing of protecting civil liberties. to look at these orders. cation made to the Foreign Intel- This is a significant step forward, and We all want to catch terrorists, but ligence Surveillance Board under pro- I am anxious to see the details to be we don’t want a country where we have cedures which the Department of Jus- able to report further on it. warrantless wiretapping of Americans. tice had established with the Foreign I thank the Chair, and in the absence If we start down that slope, we all lose Intelligence Surveillance Court. of any other Senators seeking recogni- the right to privacy and the values this I received a lengthy briefing on the tion, I suggest the absence of a Nation has stood for for more than 200 nature of the program, but it fell short quorum. years. So Senator SPECTER and I will of the necessary disclosure because I The PRESIDING OFFICER. The review the court orders to make sure did not know what the applications, clerk will call the roll. the law is being followed. I believe in the affidavits provided, nor did I know The legislative clerk proceeded to this case, the President has taken the what the court had said. And there was call the roll. right first step, and I commend him for an issue as to whether there was a Mr. THOMAS. I ask unanimous con- it. blanket approval for the program or sent that the order for the quorum call With that, I suggest the absence of a whether there were individualized war- be rescinded. quorum and ask unanimous consent rants, and in order to meet the tradi- The PRESIDING OFFICER (Mrs. that the time be equally divided. tional safeguards for establishment of CLINTON). Without objection, it is so The PRESIDING OFFICER. Without probable cause, there would have to be ordered. objection, it is so ordered. individual warrants. Mr. THOMAS. Madam President, I The clerk will call the roll. Senator LEAHY and I then pressed the ask unanimous consent to speak as in The assistant legislative clerk pro- Attorney General for access to these morning business. ceeded to call the roll. documents which would give us a fuller The PRESIDING OFFICER. Without Mr. SPECTER. Mr. President, I ask understanding of what was happening. objection, it is so ordered. unanimous consent that the order for I was pleased to learn earlier today SIMPLIFYING THE TAX CODE the quorum call be rescinded. that the Attorney General has con- Mr. THOMAS. Madam President, al- The PRESIDING OFFICER. Without sented to make those disclosures to though it is unrelated to what we are objection, it is so ordered. Senator LEAHY and myself, and we will doing, I wish to talk a little bit about TERRORIST SURVEILLANCE PROGRAM be reviewing those documents. They general tax reform. Mr. SPECTER. Mr. President, I have will not be made public. Until I have The amendments are very important, sought recognition to join Senator had a chance to see them, I wouldn’t and we are dealing with the issue, of LEAHY in the acknowledgment that the have any judgment as to whether they course, of the minimum wage and off- Attorney General will be turning over ought to be made public. My own view setting some of those costs to small to Senator LEAHY and me, in our ca- is there ought to be the maximum dis- businesses. I support that idea. But I pacities as chairman and ranking closure to the public consistent with wanted to say that I hope we soon give member of the Judiciary Committee, national security procedures. The At- more attention to reforming of the

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1373 overall tax forms. We are getting into to their business and would be able to What I am proposing doesn’t benefit a position where every time there is an count on what the Tax Code treatment the big corporations. That is what is issue, every time there is something we would be and, therefore, would be more already extended under the bill want to accomplish, we have some tax likely to make the investment and, through the year 2012. What we are relief for this section of the economy therefore, create more jobs and, there- doing is extending through the year and for that section of the economy. It fore, be able to absorb the cost of the 2012 these benefits for the small busi- has become so complex and so short- minimum wage that will be imposed by nesses—specifically, the section 179 ex- changed in terms of the time, the ex- the legislation before us. pensing. How does that work? As I ex- changes that we have. I think we have I ask unanimous consent that Sen- plained this morning, by definition, to have some overall tax reform. ator ALEXANDER be added as a cospon- section 179 allows businesses to write I understand it is not easy because sor to amendment No. 115 and that off an amount that is right now all of these issues are different. On the Senator SPECTER be added as a cospon- $112,000, when they spend that much other hand, we can simplify the Tax sor both to this amendment, No. 209, money on a new piece of equipment or Code, if we take the time. I mentioned and to No. 115. add on their business. If they spend it this morning in the Finance Com- The PRESIDING OFFICER. Without more than $400,000, they cannot use mittee. I realize we are not going to be objection, it is so ordered. this particular provision. able to address it in a short time, but Mr. KYL. Madam President, the Sen- The bottom line is that this is for the I think we ought to set it as a long- ator from Massachusetts made a couple small business, it is not for big busi- term goal and begin to deal with sim- of statements I need to correct. One ness. So it is simply incorrect to say plifying the Tax Code. As each of us was that this amendment would cost that the proposal that is before us now, moves into our own taxes this year, it $45 billion. I do not know how he ar- to be voted on shortly, benefits big cor- becomes obvious how detailed these rived at that figure. Even if you add up porations. They cannot, by definition, taxes are. If you happen to be involved all of the amendments I have proposed take advantage of this particular pro- in a business, even a small business, at one time or another on this bill, vision of the Tax Code. the Tax Code is so difficult. I don’t they don’t add up to $45 billion. Again, why are we seeking to do this? think we ought to be managing the be- The amount that this amendment All of us on the Finance Committee havior of this country through taxes. would, in effect, cost to take section agreed that we needed to provide some Taxes ought to be set in a general and 179 through the year 2012 would be tax relief to small businesses because long-term way so that people can un- about $2.1 billion over 10 years. That is small businesses would bear the brunt derstand, over time, what the tax situ- more than absorbed by the authority of the new expense of the minimum ation is, and we can make it attractive that we have under the budget from wage. So the committee unanimously enough that we don’t have to change it last year, which is $278.6 billion. So extended various provisions of the Tax for every issue that comes up. there doesn’t have to be an additional Code. It extended this section 179 for Again, I certainly am supportive of offset. There doesn’t have to be an ad- another year, recognizing its impor- what we are doing now. But in the ditional pay-for. The cost for extending tance. All my amendment does is ex- longer view of things, I urge that we section 179—what we are doing with tend it another 2 years, so that it will give consideration to reforming the this amendment—is entirely subsumed conform with the same period of time Tax Code, to making it simpler, under- in the budget we passed last year. That that the work opportunity tax credit standable, longer term, and to avoid is why it is not subject to a point of goes to and, thus, provide some balance setting up the situation where each order and why a mere majority vote between the big businesses, which get time there is some issue affecting any- will determine whether it moves for- the work opportunity tax credit relief, one in this country, we don’t, as a sec- ward. and the small businesses, which pri- ondary action, change the Tax Code to According to the Congressional Budg- marily rely on the section 179 tax re- encourage a particular outcome. It et Office, by the way, the minimum lief. should not be the purpose of taxes to wage increase will impose about $5 bil- Section 179 is probably the most used regulate behavior. lion worth of new costs on businesses of the tax provisions because all small I yield the floor, suggest the absence each and every year. Most of that will businesses can take advantage of it of a quorum, and ask unanimous con- be on small businesses. The extension whenever they add value to their par- sent that the time be divided equally. of this relief will benefit those very ticular business. It is for this reason The PRESIDING OFFICER. Without small businesses that are going to have that several organizations have en- objection, it is so ordered. to absorb this additional cost. dorsed this proposal of mine and, in The clerk will call the roll. When the Senator from Massachu- fact, have communicated with us that The legislative clerk proceeded to setts said earlier, ‘‘We have debated they intend to key vote this amend- call the roll. over the period of the last few days tax ment. So when you are voting on my Mr. KYL. Madam President, I ask breaks for corporate America,’’ I want amendment, if you vote to table my unanimous consent that the order for to be very clear, that is not the tax amendment, you are going against the the quorum call be rescinded. break I am talking about. The tax recommendations of the following The PRESIDING OFFICER. Without break for corporate America is the tax groups: National Federation of Inde- objection, it is so ordered. break the majority of the Democrats pendent Business, NFIB; Food Mar- AMENDMENT NO. 209 on the Finance Committee have pro- keting Institute; Printing Industries of Mr. KYL. Madam President, unless vided in the form of the work oppor- America; International Franchise As- the Senator from Wisconsin wishes to tunity tax credit. sociation; and Society of American speak, I will proceed. I believe we have Testimony before our committee Florists. about 14 minutes remaining on our confirmed that 95 percent, approxi- You can see that these are the kinds side. I would like to use at least some mately, of the value of the WOTC, of businesses that can take advantage of that time to clear up a couple points work opportunity tax credit, goes to of this section of the Tax Code. So any- that were made earlier in the debate. I bigger businesses, S and C corpora- body who votes to table this amend- am speaking on the amendment No. tions, because they have the where- ment, as I said, will be going against 209, which is my amendment to extend withal to set up the complicated ac- the recommendation of these par- the period of time that so-called sec- counting mechanisms for the work op- ticular groups. tion 179 small business expensing would portunity tax credit legislation to ac- I urge my colleagues—this has never be effective. Instead of cutting off at tually work. Very few of the small been a partisan issue. Section 179 is 2010, it would be the same period of businesses are benefited by that tax re- supported by Democrats and Repub- time that we extended the work oppor- lief. But almost all of the small busi- licans and Independents. Our com- tunity tax credit; namely, 2012. The ob- nesses are benefited by the tax relief mittee action was unanimous. There is vious reason being that businesses that I have proposed. So I respectfully no reason this has to become a partisan would have more time within which to correct my colleague from Massachu- issue. There is no question of pay-for. plan these additions or improvements setts. We already, in the budget from last

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1374 CONGRESSIONAL RECORD — SENATE January 31, 2007 year, the scorecard, as they call it, business’s ability to create more jobs, ness owners to take advantage of the have revenue available to offset the expand their business and, frankly, to tax relief contained in this bill. In ad- modest increase of $2 billion that a 2- contribute to the great economic dition, the amendment will help create year extension would entail in this par- growth that we have right now. jobs by encouraging small business ticular amendment. So I see no reason So I don’t understand any of the rea- owners to grow their businesses and for anybody to vote against it and, sons a Member of this body would want hire new employees. most especially, to table this amend- to oppose this particular amendment. I Under current tax law, small busi- ment. am not doing this for any purpose nesses can expense up to $100,000 of cer- I urge my colleagues to vote against other than to try to support these tain new property the year it is put in the motion to table. small businesses. That is why the NFIB service. That figure is indexed to infla- Madam President, might I inquire and the others are so supportive of my tion, so small businesses will be able to how much time is now available on amendment. I would think that in this expense up to $108,000 in 2006. After both sides of this issue? time when we wanted to start out the 2009, this expensing level will drop back The PRESIDING OFFICER. The mi- year in a bipartisan way, this is a pro- down to $25,000 a year for these small nority has 6 minutes, and the majority vision that has strong bipartisan sup- businesses. The tax relief package in- has 3 minutes. port; it always has. I just don’t under- cluded in the minimum wage bill would Mr. KYL. All right. It is also my un- stand why anybody would not want to extend the $100,000 expensing limit—in- derstanding that time not used is to be extend it for 2 years, especially when dexed for inflation—through the end of counted off equally against both par- the costs of doing so are already offset 2010. The Kyl amendment would add 2 ties; is that correct? in the budget that we passed last year. years to that extension. In other words, The PRESIDING OFFICER. For Again, I urge my colleagues to op- the Kyl amendment would allow small quorum calls, yes. pose the motion to table this amend- businesses to expense the higher Mr. KYL. Oh, I see. As the proponent ment. amount through the end of 2012. of the amendment, I hope that I will be Madam President, let me first in- Last week, I spoke on the Senate able to close the debate. But given the quire how much time both sides have floor about the burden imposed on the fact that there is 6 minutes remaining remaining. small business community by raising on my side, if there is nobody from the The PRESIDING OFFICER. The mi- the minimum wage. Small businesses majority side to speak to this, then I nority has 2 minutes, the majority has will bear the brunt of approximately 60 will continue the conversation, at least 3 minutes. percent of the costs of a minimum until someone arrives. Mr. KYL. Madam President, I suggest wage increase. I applaud the Finance One of the other arguments is that by the absence of a quorum. Committee including Chairman BAUCUS extending this through 2008, we have The PRESIDING OFFICER. The and Ranking Member GRASSLEY for ap- provided enough certainty to small clerk will call the roll. proving a tax relief package to help off- businesses that they could go ahead The assistant legislative clerk pro- set these costs. In particular, I am glad and make the investment, plan the ren- ceeded to call the roll. that tax relief package includes the ex- ovation or buy the piece of equipment, Mr. ALEXANDER. Madam President, pensing provision that we are talking or whatever that might be. The bottom I ask unanimous consent that the order about on the Senate floor today. line is that any amount that we extend for the quorum call be rescinded. The Kyl amendment would make the in these tax provisions enables busi- The PRESIDING OFFICER. Without expensing provision even stronger by nesses to plan better. If we extend it 1 objection, it is so ordered. allowing for higher expensing limits year, as the committee did, then at Mr. ALEXANDER. Madam President, through the end of 2012. This is impor- least businesses can look out 1 year. I ask unanimous consent that I may be tant because continuing the higher ex- But as we all know, in the business en- permitted to speak for 60 seconds. pensing limits for an additional 2 years vironment, a 1-year horizon is very The PRESIDING OFFICER. Without would give small businesses more time short. That is why, just as we extended objection, it is so ordered. to plan and fully use this benefit. If the work opportunity tax credit Mr. ALEXANDER. Madam President, small business owners can take greater through 2012, it makes sense to extend I compliment Senator KYL for his advantage of the tax relief in this bill, the small business expensing through work. I expect a vote for the minimum that means more help in offsetting the the year 2012 as well. Any additional wage with the small business tax ad- added costs imposed on small business time that businesses can know what justments that are with it. As I said on owners through a minimum wage in- the tax consequences of their purchases the floor of the Senate the other day, it crease. or expenses are is an advantage to is not the most efficient way for the Not only does this particular tax pro- them and will enable them to create Government to intervene help for the vision help offset the costs of an in- the jobs, as I said, that will offset the poorest people who are working. I creased minimum wage, but it will help costs of the minimum wage. think that would be an increase in the create grow the economy and create Madam President, I don’t know of earned-income tax credit. It would be jobs. Allowing small business owners to anybody who opposes the extension of less expensive, more efficient, and all immediately expense critical invest- section 179. The committee itself ex- of us would pay the bill for that, not ments encourages the purchase of new tended it for 1 year. I don’t know why just small businesspeople. equipment, which helps to spur eco- there would be partisan debate about If we are going to raise the minimum nomic growth. New equipment for extending it for another 2 years. I wage, we ought to not impose the small businesses also usually leads to think we can all agree that would rep- whole burden on just that small seg- greater efficiency. And putting more resent good policy. The relatively mod- ment of society. I agree that extending money back into the hands of small est expense of this $2.1 billion, in terms these small business depreciation and business owners allows them to hire of theoretical lost revenue, is more expensing benefits would help small new workers. than compensated for by the $278 bil- business men and women who are try- During this minimum wage debate, a lion in offset tax authority from the ing to compete in the world to be able lot of my colleagues have talked about years 2011 and 2015 under the budget we to compete. And it gives all of us who the economic challenges facing work- passed last year. So there is no point of pay taxes a chance to pay for this idea ing families. I can’t think of a better order and there is no reason, on a pure- that we have called the minimum way to help low-income Americans ly fiscal basis or balanced budget basis, wage, which tries to help working peo- than passing legislation that helps to vote against this. ple have more. grow the economy and create new jobs, Everybody knows it is good for small I support the amendment of the Sen- and that’s what this amendment would business. Adding 12 years for planning ator from Arizona, Mr. KYL because it do. I applaud my colleague from Ari- purposes for the business to purchase will do more to offset the increased zona for offering this amendment and the equipment or add to the building is costs imposed on small businesses urge my colleagues to support it. simply an improvement over existing through raising the minimum wage by Mr. BAUCUS. Madam President, be- law and enhancing of the small making it easier for many small busi- fore the Senate votes on the second

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1375 amendment by Senator KYL, the cost of tools and equipment the same Crapo Inhofe Sessions DeMint Isakson Shelby amendment is not offset, not paid for. year they buy it. This is clearly good Dole Kyl Smith It would add about $2 billion to our news for employers and for workers. By Domenici Lott Snowe Federal deficit. The Senate rejected a giving business men and women the Ensign Lugar Specter Kyl amendment last week that was freedom to deduct costs right away, Enzi Martinez Stevens Graham McCain Sununu similar. I admire the Senator’s persist- fewer will be forced to choose between Grassley McConnell Thomas ence. He is a firm subscriber to the new equipment and new hires. Repub- Gregg Murkowski Thune proverb that if at first you don’t suc- licans like Senator JON KYL are work- Hatch Nelson (NE) Vitter ceed, try, try again. I admire that very ing hard to make sure we have a bipar- Hutchison Roberts Warner much. tisan accomplishment with this bill. I NOT VOTING—3 But there is also another reference, I urge all of our colleagues on both sides Brownback Hagel Johnson think, from Ecclesiastes, that essen- of the aisle to give this amendment The motion was agreed to. tially there is a time and place for ev- their full support. Mr. DURBIN. Madam President, I erything. This is not the time and this Mr. BAUCUS. Madam President, I move to reconsider the vote. is not the place to pass this amend- ask 1 minute on leader time on the ma- Mr. BAUCUS. I move to lay that mo- ment, which adds $2 billion to the na- jority side. tion on the table. tional deficit. The PRESIDING OFFICER. Without The motion to lay on the table was I urge my colleagues to support the objection, it is so ordered. agreed to. motion I am about to make, which is Mr. BAUCUS. It is very simple. This The PRESIDING OFFICER. The Sen- to table the amendment. The under- amendment is not paid for. It is scored ator from Maryland is recognized. lying amendment not only is not paid as a $2 billion additional hit to the def- Ms. MIKULSKI. Madam President, for, it is unbalanced. We had it pack- icit. It is not paid for, let’s make that what is the pending business before the aged together here, and we voted on clear. Senate? similar amendments, and it is time to Second, we are talking about extend- The PRESIDING OFFICER. Under get on with final passage of the min- ing what is called section 179, which is the previous order, the lone remaining imum wage bill. That is what Ameri- the small business expensing provisions amendment is amendment No. 115. cans are looking for. They want to in- in the law. The underlying bill already Ms. MIKULSKI. Madam President, I crease the minimum wage. We should extends 179 through 2010. It already ask unanimous consent to speak for 10 no longer dally here, with no disrespect minutes as in morning business. for my colleague from Arizona. We are does. This adds 2 more years at the cost of $2 billion. We have time, maybe The PRESIDING OFFICER. Is there working on amendments that we objection? Without objection, it is so worked on, that we had votes on. this year or next, to extend it when we can pay for it at the appropriate time. ordered. I will make the motion and urge my Ms. MIKULSKI. Madam President, I But, again, the underlying bill very colleagues to vote to table the under- note the Senate is not in order. lying amendment. clearly takes care of small business ex- The PRESIDING OFFICER. The Sen- Mr. KYL. Let me use the last minute pensing needs by extending 179 through ate will be in order. The Senator from of my time, and then I will yield to the 2010. Second, it is not paid for. We Maryland has the floor. should not adopt this amendment. leader. CLONED FOOD LABELING ACT The PRESIDING OFFICER. Actually, Madam President, I move to table Ms. MIKULSKI. Thank you very the time of the Senator has expired on the amendment and ask for the yeas much, Madam President. I rise today the minority side. and nays. to talk about a bill I introduced last The Republican leader is recognized. The PRESIDING OFFICER. Is there a week. It is called the Cloned Food La- Mr. MCCONNELL. Madam President, sufficient second? There is a sufficient beling Act. on my leader time, I yield a minute to second. My colleagues would be shocked to the Senator from Arizona. The question is on agreeing to the realize that the FDA has announced Mr. KYL. Madam President, I simply motion. The clerk will call the roll. that meat and milk products from wanted to respond to the point the The assistant legislative clerk called cloned animals are safe for human con- chairman of the committee just made, the roll. sumption. My bill will require the Gov- which is that this is not offset. The Mr. DURBIN. I announce that the reason there is no pay-go point of order ernment to label any food that comes Senator from South Dakota (Mr. JOHN- from a cloned animal or its progeny. against this amendment is because the SON is necessarily absent. Baucus substitute already extends sec- My colleagues need to know I am Mr. LOTT. The following Senators strongly opposed to the FDA approving tion 179 small business expensing are necessarily absent: the Senator through 2010 and includes the nec- meat and milk products from cloned from Kansas (Mr. BROWNBACK) and the animals entering into our food supply, essary offsets to cover 2010. This Senator from Nebraska (Mr. HAGEL). amendment merely extends that and I am not the only one. Most Ameri- The result was announced—yeas 49, cans actively oppose it, and scientists through 2012, years in which the pay-go nays 48, as follows: scorecard has more than sufficient al- say we should monitor it. But the FDA [Rollcall Vote No. 37 Leg.] location to cover any revenue that decided food from cloned animals is Joint Tax projects would not be col- YEAS—49 safe to eat. And since the FDA decided lected in those years. That is why Akaka Feinstein Nelson (FL) it is safe, the FDA will not require it to there is no point of order and why we Baucus Harkin Obama be labeled as coming from a cloned ani- Biden Inouye Pryor mal or its progeny. believe this is a fiscally responsible Bingaman Kennedy Reed way to assist small business. Boxer Kerry Reid Now, the American people don’t want The PRESIDING OFFICER. The Re- Brown Klobuchar Rockefeller it. They find it repugnant. Gallup polls Byrd publican leader. Kohl Salazar report over 60 percent of Americans Cantwell Landrieu Sanders Mr. MCCONNELL. Madam President, Cardin Lautenberg think it is immoral to clone animals, Schumer Carper Leahy and the Pew Initiative on Food and using some of my leader time, Repub- Stabenow Casey Levin licans worked hard this week to make Tester Biotechnology found a similar percent- Clinton Lieberman sure we pass a minimum wage bill that Conrad Lincoln Voinovich age say that, despite FDA approval, gives everybody a lift—the American Dodd McCaskill Webb they won’t buy cloned milk. But what worker who earns the wage and the Dorgan Menendez Whitehouse troubles me is not only what public Durbin Mikulski Wyden opinion says but what the National American worker who pays it. The Kyl Feingold Murray amendment reflects this basic concern Academy of Sciences says. They re- for the worker and the wage payer, and NAYS—48 ported that—so far—studies show no I encourage all of our colleagues to Alexander Bunning Coleman problems with food from cloned ani- Allard Burr Collins mals. But they also admit it is a brand- give it their full support. Bayh Chambliss Corker This amendment will let American Bennett Coburn Cornyn new science. What about the unin- business men and women deduct the Bond Cochran Craig tended consequences? They caution the

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1376 CONGRESSIONAL RECORD — SENATE January 31, 2007 Federal Government and recommend heart condition or high cholesterol an amendment the Senate tabled last this technology be monitored for po- want to take it? I don’t think so. We week except that it drops the revenue tential health effects and urge diligent have been down this road before re- offset since Senator BAUCUS had identi- post-market surveillance. Well, you garding the safety of products. fied that offset as the primary problem can’t do post-market surveillance if When it is so unclear and so uncer- he had with the amendment. the food is not labeled. How do you tain, I am saying let’s take our time. If Specifically, it would extend three know where the cloned food is? America doesn’t keep track of this provisions of the Small Business and So the FDA tells us once they deter- from the very beginning with clear and Work Opportunity Act of 2007 through mine it is safe, they will allow the food dependable labeling, our entire food the end of 2008. The three provisions to enter the market, unidentified, supply could be contaminated. I worry are the 15-year recovery period for unlabeled, and unbeknownst to us, and about what happens to the consumer. I leasehold improvements in restaurant I find it unacceptable. Consumers worry about it being eaten by ordinary renovations, as current law provides would not be able to tell which food folks. I worry about it being in our they run through the year 2007; 15-year came from a cloned animal. So, here school lunch program. I worry about it recovery for new restaurant construc- we have a picture of Dolly—the first because we do not know enough. tion, which is a new provision; and an- cloned animal. Hello, Dolly! We say: In Europe, they call this type of stuff other new provision, 15-year recovery Hello, Dolly. You have been approved ‘‘Frankenfood.’’ I worry, then, that be- period for retail improvements. for our food supply. Hello, Dolly. Wel- cause it will be unlabeled, more of our My chart shows what we have done in come to the world of the Dolly burger. exports will be banned. My State de- the Committee on Finance and what I Hello, Dolly. Welcome home to Dolly pends on the export of food—whether it am proposing here. These are the three in a glass. Hello, Dolly. Welcome to is seafood or chicken or other products. provisions covered by the amendment this plate of special cloned lamb chops I don’t want to hear one more thing before the Senate at this time. We have when you are celebrating the 25th anni- coming out of the EU about not want- added the two new provisions in green versary for your wife. I say: Goodbye, ing to buy our beef or our lamb because for new restaurants and retail, and we Dolly, the FDA’s approval was baa, they are worried that it is have extended the leasehold and res- baa, baa. Frankenfood. We need to be able to ex- taurant provision by 3 months. All I can’t stop this from being approved port our food. If it is labeled, we will be three of these would expire at the end by FDA, but I want an informed public able to do that. of March of next year. What we do in to know what they have before them. At the end of the day, I want our con- this amendment is extend them Most Americans do not want this. They sumers to have informed consent, sci- through the end of the year. The rea- should not be required to eat it. I don’t entists to be able to monitor this, and son should be obvious: For businesses think they should be required to eat it Congress to be able to provide FDA to plan ahead, they need a little bit of without knowing what it is. Therefore, oversight. I reject the notion that FDA lead time. To provide only a 3-month my legislation says any cloned food or or anyone else should allow this to go extension, for example, is not very its progeny would have to be labeled at forward without some type of declara- much tax relief. the wholesale level, at the retail level, tion about what it really is. We all acknowledge that the point of and at the restaurant level. This would Please, when we see this creature, this relief in the first place, which the ensure informed consent. To help the Dolly, in this photograph—I don’t committee unanimously agreed to, was American public make this informed know its purpose; I don’t know what it to help small business be able to offset decision, I introduced a bill to require accomplishes. We do not have a short- the cost of the minimum wage in- that all food which comes from a age of food in our country; we don’t crease. If we are going to do that, it cloned animal or its progeny be la- have a shortage of milk in our country. should be meaningful. This amendment beled. This legislation will require the For those people who want to produce simply extends from a 3-month period FDA and the Department of Agri- Dolly, we can’t stop it, but I do think to the end of the year and extends the culture to label all food that comes we should stop the FDA from putting two new provisions as well through the from a cloned animal. The label simply this into our food supply without label- end of 2009. would read, ‘‘THIS PRODUCT IS ing and without an informed consent. Let me describe each of these three FROM A CLONED ANIMAL OR ITS I say bah, bah, bah to those who want provisions. PROGENY.’’ The public would be able to bring this into our food supply. The leaseholds and restaurant ren- to decide which food they want to I yield the floor and suggest the ab- ovation provision under current law buy—and I mean all food, not just sence of a quorum. are depreciated over a 15-year period, packages in a supermarket but also the The PRESIDING OFFICER (Mr. but this treatment only applies to meals they choose from a menu. WEBB). The clerk will call the roll. property placed in service by the end of Now, the FDA has responsibility to The bill clerk proceeded to call the 2007. The amendment that came out of guarantee the safety of our food. Al- roll. the Committee on Finance, the Baucus though many aspects of food safety are Mr. KYL. Mr. President, I ask unani- Committee on Finance substitute, beyond their control, this is not. Sci- mous consent that the order for the would extend this 15-year recovery pe- entists and the American people have quorum call be rescinded. riod by 3 months for property placed in the right to know. Consumers need to The PRESIDING OFFICER. Without service by March 31, 2008. know which food is cloned and the sci- objection, it is so ordered. Under the two new provisions, new entists need to be able to monitor it. AMENDMENT NO. 115 restaurant construction, there is cur- We don’t know the long-term effect of Mr. KYL. Mr. President, my under- rently no law provision allowing for ac- cloned animals in our food supply. standing is that the pending business is celerated depreciation of new res- What factors influenced the decision amendment No. 115. taurant construction, and the Baucus to deem food from cloned animals safe? The PRESIDING OFFICER. That is Committee on Finance substitute pro- Are they allowing an eager industry to the pending question. vides to correct this problem with a 15- force questionable science on an un- Mr. KYL. Mr. President, I will briefly year recovery period for such new res- knowing public? I am not so sure. describe this amendment. It extends taurants. It is an important and nec- The FDA used to be the gold stand- for an additional period of time three essary change, but it only, under the ard, but we have heard ‘‘it is safe’’ for provisions of the Tax Code that relate Committee on Finance bill, provides too long. What if they are wrong? We to smaller businesses that the Com- the treatment from the date of enact- were told asbestos was safe. Do you mittee on Finance agreed should have ment through March 31, 2008. want asbestos in your home? We were this tax relief and provides for a more And the same thing for owner-occu- told DDT was safe. Do you want to be balanced bill in terms of the extension pied retail. There is currently no provi- sprayed with DDT? We were told tha- of the tax provisions. It deals with sion allowing for accelerated deprecia- lidomide was safe. No pregnant woman leaseholds and restaurant renovations, tion of improvements made to owner- today would take it. We were told new restaurant construction and occupied retail space. The Baucus Com- Vioxx was safe. Does anyone with a owner-occupied retail. It is identical to mittee on Finance provides a 15-year

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1377 recovery period for improvements more restaurant owners will be in a po- support this, or this or this, as shown made to such spaces, thus putting sition to grow their business and to on the chart. We do not need partisan these establishments on the same foot- continue to create more jobs. That is politics injected into this debate. So ing as leasehold. The bill provides this the key to offsetting the expenses of there is no reason now to politicize treatment from the date of enactment the minimum wage. these issues, characterizing them as through March 31, 2008. By definition, encouraging more new Republican or Democrat. The committee had recognized the restaurants to be built means more It is obvious the bill is not balanced. importance of these depreciation peri- new restaurant jobs. That is a tau- Even if you assume there should be ods for owner-occupied retail, new res- tology. This is important because the some balance, the work opportunity taurant construction, and leaseholds restaurant industry is uniquely im- tax credit, as I noted, is extended for 5 and restaurant renovations. There is pacted by a minimum wage increase. Of years, while the accelerated deprecia- no dispute about that, no debate about the nearly 2 million workers earning tion for leasehold and restaurant im- that. The only question is how far the the minimum wage, 60 percent work in provements is extended for a 3-month relief should be extended. the food service industry. Further- period. While obviously everyone appreciates more, the last time Congress increased As I noted before, the primary objec- in this case the 3-month extension, it is the minimum wage, 146,000 jobs were tion of the chairman before was over hardly enough to be able to say to cut from restaurant industry payrolls, the offset. I understand that. It was a these small businesses: We solved your according to information from the in- somewhat controversial offset. Of problem; we put a big burden of paying dustry. That is why this provision I am course, in the committee, when I of- for the minimum wage increase on you, offering today is so important. The fered this amendment, the chairman but we have enabled you to offset that very people who are going to bear the said unless I had an offset, it would be by depreciating your property more impact—namely, the workers in res- declared out of order. So we looked for quickly and being able to plan for your taurants, who could see their jobs and thought we had an offset that future construction needs. Clearly, evaporate as a result of passage of the would be approved. But it turned out that provision does not do the trick. minimum wage increase—will find that the chairman did not like that offset. Even these two new provisions, as wel- their job is going to be OK when their That was his primary objection to this come as they are, only extend the relief restaurant can expand or build a new provision. So we will simply remove through March of next year. Again, restaurant, thus creating more new that offset and provide that we will ex- what my amendment does is extend it jobs. tend the provisions for another 9 through the end of the year. That is all Instead of having to lay people off in months through the end of 2009, with- it does. order to pay the increased minimum out an offset of any tax increase. Let me illustrate the importance of wage, the businesses will be able to cre- But let me just make this point. We the tax provisions that the Finance ate more jobs and, therefore, everyone are talking about a very temporary ex- Committee passed and which we are would be able to be employed by them. tension of an important tax provision. seeking to extend by this amendment. This is the theory. The Finance Com- This leasehold and restaurant provi- If you stop and think about it, the mittee agrees with the theory by sion has been in existence now for some policy justification for a 39-year depre- adopting these two new provisions and time. We are extending it all of 3 ciation recovery period for new con- extending the existing provision for 3 months. Yet under the theory of those struction of a restaurant, for example, months. But as I said before, it did not who say it has to be offset by a new tax makes no sense at all. How many of do the job well enough. increase, we would have to perma- you know of any restaurant that has This is very modest relief and hardly nently find a source of revenue that not done a thing to the restaurant for gives a restaurant, for example, the would pay for this 3-month extension. 39 years? If you are in the restaurant confidence it can continue to make im- That is a perversion of the pay-go con- business, you have to constantly up- provements and receive the favorable cept. It is inappropriate, especially for grade your facilities. Certainly, your tax treatment, the 15-year writeoff pro- provisions that generate jobs. kitchen facilities have to be upgraded. vision we are providing in the law. We should not have to pass a perma- And new construction and renovation That is why it is important to continue nent tax increase in order to be able to should obviously be treated the same to extend it. It would be nice if it were fund a temporary provision of the Tax way. permanent, as it is for convenience Code that helps to create new jobs. As Under this bill, they are given a 15- stores. That is what it should be. It I said before, when you build a new res- year depreciation schedule. Now, that would be nice, as under the work op- taurant, you are creating new jobs. is the same depreciation schedule as portunity tax credit, if it went out That is obvious. And when you create for convenience stores, of course—a di- through the year 2012 or 2013. That new jobs, you can better afford to hire rect competitor of quick-service res- would be nice. We are simply taking it the people who would be at the min- taurants. They can use the 15-year de- to the end of the year 2009. That is not imum wage, 60 percent of whom are in preciation schedule for all construc- too much to ask to help these small the restaurant business, and there is a tion, new or renovation. Under their businesses. job there for them. provision of the Tax Code, it is perma- Let me just note a couple of the ob- So it makes sense to extend these nent law, so we do not have to extend jections that came from the chairman. provisions. The work opportunity tax it each year. The first had to do with so-called bal- credit, as beneficial as it might be, So what the Finance Committee has ancing of the work opportunity tax does not create new jobs. So if any- done is to try to bring some sense of credit and the tax relief for small busi- thing, you would want to balance with balance and fairness into the code to nesses. Now, the work opportunity tax more emphasis on these three provi- treat like properties in a like way. If credit, as you can see with this red line sions than you would under the work you are a fast-food restaurant, it does on the chart, the committee bill went opportunity tax credit. not matter whether you are a conven- to the end of 2012. And these others So I guess the bottom line of this is ience store or regular restaurant, only go through March of 2009. That is that the reason for objecting to this whether you build the place new or you hardly balanced. Moreover, all of these provision, based on the lack of an off- simply spend the money to renovate, provisions have always attracted bipar- set, does not make sense in terms of the expense of what you have done tisan support. practical economics, given the fact should be depreciated over the same It is not like the work opportunity that the provisions that we would ex- period of time. tax credit is a Democratic provision tend in 2008 are job creators and would Fifteen years is probably too long, and the retail improvements are a Re- create the very jobs that people earn- but that is the period that has been se- publican provision. We have all sup- ing the minimum wage could then lected. It should be the same for all. By ported both provisions. Both make move into. allowing restaurateurs to deduct the sense. We understand that. So it is not Without the creation of these new cost of renovations and new construc- like somehow there has to be a par- jobs, some businesses are going to have tion on this shorter schedule, many tisan reason to support this but not to lay people off, and there will not be

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1378 CONGRESSIONAL RECORD — SENATE January 31, 2007 jobs for them. This would provide for The PRESIDING OFFICER. The conditions in some of our trading part- those jobs. clerk will call the roll. ners. And many no longer trust the Mr. President, I guess the bottom The legislative clerk proceeded to Government to do its part to take care line is this: We have seen, unfortu- call the roll. of the Americans whom trade leaves nately, the debate over these amend- Mr. KYL. I ask unanimous consent behind. ments break down along primarily that the order for the quorum call be These concerns are real. They are party lines. I think that is very unfor- rescinded. deeply felt. And we cannot ignore tunate because a small business owner The PRESIDING OFFICER. Without them. True leadership requires that we can be a Republican, a Democrat, or objection, it is so ordered. address these concerns head on. The ex- anybody else. They create the bulk of Mr. KYL. Mr. President, I ask unani- piration of trade promotion authority jobs in our society. They pay a huge mous consent that all time under the allows us to have this debate. It re- amount of the taxes. They will be the previous quorum call and this quorum minds us we cannot consider renewal of ones most hard hit by the increase in call and any future quorum call be this authority in a vacuum. It under- the minimum wage. equally divided between the two sides. scores the paramount importance of re- If we pass a minimum wage increase The PRESIDING OFFICER. Without storing America’s faith and confidence with bipartisan support, it seems to me objection, it is so ordered. in our trade policy, a huge oppor- we should follow the leadership of the The Senator from Montana. tunity. In the process, we will examine Finance Committee in extending these TRADE PROMOTION AUTHORITY a series of critical issues. These are tax provisions in a bipartisan way. And Mr. BAUCUS. Mr. President, earlier issues we must address as we consider when we only extend a provision for 3 today President Bush called for re- whether to reauthorize trade pro- months, to me, it is not a good-faith newal of fast-track trade negotiating motion authority. recognition of the problem we have authority, otherwise known as trade First, we must make trade adjust- placed on that small business by the promotion authority, otherwise known ment assistance, otherwise known as imposition of the minimum wage man- as TPA. Fast-track authority expires 6 TAA, more reflective of today’s innova- date. We need to keep faith with those months from today. Many view this tive economy. TAA is America’s com- businesses by providing a longer exten- date with fear and trepidation. I do mitment to provide wage and health sion of the tax provisions that benefit not. I view it as an opportunity to take benefits while trade-displaced workers them in a way that enables them to a hard look at the direction of Amer- retool, retrain, and find better jobs. A pay for this minimum wage increase. ica’s trade policy. It is an opportunity renewed TAA must do what today’s That is how we would be keeping faith to air differences and an opportunity to program does not. It must be made with these small businesses. find common ground. available to the 8 out of 10 American So I hope we can eschew the par- Trade policy is a bargain, a bargain workers who make their money in tisanship that has characterized the struck between the American Govern- service professions. It must apply to all previous votes, we can appreciate the ment and the American people. Ameri- workers displaced by trade, not just importance of extending these provi- cans trust their Government to use those affected by free-trade agree- sions which, after all, were created in a trade policy to expand export opportu- ments. The time has come to consider totally bipartisan way in the Finance nities, create jobs, to fuel our econ- other ways to help workers displaced Committee, and we can recognize it is omy. In exchange for that trust, Amer- not just by trade but by other aspects possible to both raise the minimum icans expect their Government to make of globalization, including the advance wage for low-income workers and help sure that trade works for them, and of technology. create new jobs for them with these tax they expect their Government to take Second, we have to address concerns provisions. action when it does not. That is the that our trade agreements encourage I hope when it comes time to con- fundamental debate in which we, as a companies to move jobs to countries sider a motion to table this particular nation, must engage. Does trade work where substandard labor and environ- provision that my colleagues will vote for the American farmer, rancher? mental policies occur. We need to find against a motion to table or support Does trade work for American factory common cause with those who abhor the provisions if we have the oppor- workers? Does trade work for the child and sweatshop labor anywhere. tunity for an up-or-down vote. American economy? We need to acknowledge the justifiable The PRESIDING OFFICER. The Sen- I believe it does. I believe trade cre- ends of those who want to employ ator from Massachusetts. ates opportunities. I believe trade gen- trade to help stop despoliation of the Mr. KENNEDY. Mr. President, on be- erates American jobs. I believe trade planet. We project our values as Ameri- half of the majority leader, I ask unan- bolsters our global competitiveness. I cans when we use our trade agreements imous consent that the time until 4 believe trade allows us to project to create a race to the top. As our p.m. be equally divided and controlled America’s values to the world. And I trade agreements require our partners between Senators BAUCUS and KYL, or believe the alternative, erecting bar- to step up their protection of invest- their designees, for debate with respect riers to trade, is self-defeating and will ments and intellectual property, so our to the Kyl amendment No. 115, as not make anyone better off. That is agreements should lead to improve- modified; that at 4 p.m. the Senate pro- why, during my years in Congress, I ments in our partners’ labor and envi- ceed to vote in relation to the amend- have long supported granting the ronmental protections. ment; that upon disposition of the Kyl President fast-track authority. The Third, we cannot conclude more amendment, without further inter- success of America’s ranches and trade agreements without giving Amer- vening action or debate, all time be farms, the success of businesses big and icans the confidence that we vigorously considered yielded back and the Senate small, requires that the President have enforce those agreements already on proceed to vote on the Baucus-Reid this authority. the books. Too many of our partners substitute amendment No. 100, as Twelve million American jobs depend cheat and maintain bogus barriers amended; that upon disposition of the on exports. Exports account for a tenth against American exports. For exam- substitute amendment, there be 4 min- of our country’s gross domestic prod- ple, look at Korea’s unscientific ban on utes of debate equally divided and con- uct. Montana exports 60 percent of the beef; look at the illegal subsidies China trolled between the majority and mi- wheat grown there. grants to its manufacturers. But the nority leaders or their designees, and But there are other voices. Many trade-enforcement tools that Congress the Senate then proceed to vote on the have deep and legitimate concerns created in the 1970s and 1980s, such as motion to invoke cloture on H.R. 2, as about the effect of trade and section 301, are outdated. They no amended. globalization. Many equate trade with longer function as intended. It is time The PRESIDING OFFICER. Is there ballooning deficits, stagnating wages, to take a hard look at these tools. We objection? and job layoffs. Many view the growth should redraft them so they better ad- Without objection, it is so ordered. of China and India as threats rather dress the trade barriers that American Mr. KYL. Mr. President, I suggest the than as opportunities. Many point to exporters face in today’s global econ- absence of a quorum. abhorrent labor and environmental omy.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1379 Fourth, we cannot expect Americans Many of us support the policy behind The PRESIDING OFFICER (Mr. to support trade when they see ever- these provisions. We would not have in- SALAZAR). Are there any other Sen- ballooning trade deficits. Our trade cluded them in our bill if we did not. ators in the Chamber desiring to vote? deficit with China this year will ap- As I told the Senator from Arizona at The yeas and nays resulted—yeas 46, proach $300 billion. That is our committee markup, if we could nays 50, as follows: unsustainable. We need to get our bal- have made these provisions permanent, [Rollcall Vote No. 38 Leg.] ance sheet back in line. That requires I certainly would have done so. But the YEAS—46 us to boost U.S. exports through better underlying substitute amendment is Alexander Dole McConnell enforcement and better export pro- the product of a Finance Committee Allard Domenici Murkowski motion. That requires us to call out hearing, deliberation, and markup. It is Bayh Ensign Nelson (NE) Bennett Enzi countries such as China, possibly even balanced. It is revenue neutral. And all Roberts Bond Graham Sessions Japan, that use the value of their cur- Members supported it—it passed unani- Bunning Grassley Shelby rency to gain a trade advantage. And it mously—including the Senator from Burr Gregg Smith Arizona. Chambliss Hatch Specter means action at home to improve pub- Coburn Hutchison Stevens lic and private savings. Senators made compromises to get Cochran Inhofe Sununu Fifth, a successful trade policy this bill to the floor, and we have done Coleman Isakson Thomas means that America must be the most so. I must say, though, I admire the Collins Kyl Cornyn Lott Thune competitive nation in the world. Amer- persistence of my good friend from Ari- Craig Lugar Vitter ican workers need to know they can zona. He is the original ‘‘energy Crapo Martinez Warner compete and they can win on a global bunny’’ of tax cut amendments. I com- DeMint McCain playing field. And we need to take a mend him for that. But he was not suc- NAYS—50 good, hard look at how health care cessful in committee, and he was not Akaka Feinstein Nelson (FL) costs, our education system, and tax successful on the floor last week. I Baucus Harkin Obama policies affect America’s global com- hope and trust that that was because Bingaman Inouye Pryor the Senate would like to provide a bal- Boxer Kennedy Reed petitiveness. As I did in the last Con- Brown Kerry anced package of tax incentives. I hope Reid gress, I will push competitiveness at Byrd Klobuchar Rockefeller every opportunity. I will work for pas- and trust that the Senate wants a Cantwell Kohl Salazar sage of legislation that will guarantee package that does not worsen our def- Cardin Landrieu Sanders Carper Lautenberg Schumer America’s economic preeminence for icit. Therefore, I oppose adding another Casey Leahy Snowe years to come. $3 billion in tax provisions to this al- Clinton Levin Stabenow Conrad Lieberman With trade promotion authority ready $8 billion bill. The $8 billion is Tester about to expire, the locus of trade pol- paid for. The amendment by the Sen- Corker Lincoln Dodd McCaskill Voinovich icy shifts back to Congress. We have ator would add another $3 billion and Dorgan Menendez Webb both the opportunity and responsi- that would not be paid for. Durbin Mikulski Whitehouse bility to create the next trade policy At the appropriate time, I intend to Feingold Murray Wyden that will guide us and guide this coun- raise a budget point of order against NOT VOTING—4 try forward. We need to work together, the amendment. I strongly urge my Biden Hagel clearly, obviously, on trade to find an- colleagues to vote against the motion Brownback Johnson swers to the hard questions. We need to to waive that point of order, which I The PRESIDING OFFICER. On this work together on trade to shore up our assume will occur in not too many vote, the yeas are 46, the nays are 50. international leadership, sorely need- minutes from now. Three-fifths of the Senators duly cho- ed. And most of all, we need to work I suggest the absence of a quorum sen and sworn not having voted in the together on trade to restore our bar- and ask unanimous consent that the affirmative, the motion is rejected. gain with the American people. time be equally divided. Mr. DURBIN. I move to reconsider I suggest the absence of a quorum The PRESIDING OFFICER. Without the vote. and ask unanimous consent that the objection, it is so ordered. Mr. CARPER. I move to lay that mo- time be charged equally against both The clerk will call the roll. tion on the table. sides. The legislative clerk proceeded to The motion to lay on the table was The PRESIDING OFFICER. Without call the roll. agreed to. Mr. BAUCUS. Mr. President, I ask objection, it is so ordered. The PRESIDING OFFICER. The The clerk will call the roll. unanimous consent that the order for point of order is sustained and the The legislative clerk proceeded to the quorum call be rescinded. amendment fails. The PRESIDING OFFICER. Without call the roll. Mr. KENNEDY. Mr. President, as I objection, it is so ordered. Mr. BAUCUS. Mr. President, I ask understand it, there is 4 minutes equal- Mr. BAUCUS. Mr. President, I raise a unanimous consent that the order for ly divided? point of order that the pending amend- the quorum call be dispensed with. ment violates section 505(a) of H. Con. AMENDMENT NO. 100, AS AMENDED The PRESIDING OFFICER. Without Res. 95, the concurrent resolution on The PRESIDING OFFICER. The Sen- objection, it is so ordered. the budget for fiscal year 2004. On be- ator will withhold. Mr. BAUCUS. Before the Senate Under the previous order, the ques- half of Senator KYL, I move to waive today is the exact same amendment of- tion now is on agreeing to the sub- fered by my colleague from Arizona, the applicable provisions for the con- sideration of the amendment, and I ask stitute amendment, as amended. Senator KYL, that the Senate rejected The amendment (No. 100), as amend- last Thursday. The only difference is for the yeas and nays. The PRESIDING OFFICER. Is there a ed, was agreed to. that Senator KYL has modified the sufficient second? Mr. KENNEDY. Mr. President, I amendment to make it even more per- There appears to be a sufficient sec- move to reconsider the vote. nicious; that is, by removing the offset. ond. Mr. ENZI. I move to lay that motion Thus, the pending amendment would The question is on agreeing to the on the table. add nearly another $3 billion to the def- motion. The motion to lay on the table was icit in the next 10 years. The clerk will call the roll. agreed to. The Senate rejected the Kyl amend- The legislative clerk called the roll. CLOTURE MOTION ment last week, but we are here yet Mr. DURBIN. I announce that the The PRESIDING OFFICER. There again today considering these same Senator from Delaware (Mr. BIDEN) and will now be 4 minutes of debate equally issues. This time around, my colleague the Senator from South Dakota (Mr. divided before the cloture vote on the does not attempt to offset those cuts. JOHNSON) are necessarily absent. bill. Rather, his amendments would put an- Mr. LOTT. The following Senators The Senator from Wyoming is recog- other $3 billion hole in our budget. The were necessarily absent: the Senator nized. amendment would pile onto a deficit from Kansas (Mr. BROWNBACK) and the Mr. ENZI. Mr. President, I rise today that we are desperately trying to erase. Senator from Nebraska (Mr. HAGEL). to speak in support of cloture on the

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1380 CONGRESSIONAL RECORD — SENATE January 31, 2007 underlying bill. I appreciate the wise a present to go to a birthday party, and The yeas and nays are mandatory direction that this body has decided who can’t spend enough time with under the rule. upon with regard to the minimum their parents, because their parents are The clerk will call the roll. wage. We have correctly concluded working 2 or 3 jobs. Today there are The assistant legislative clerk called that raising the minimum wage with- 50,000 wives or husbands of soldiers the roll. out providing relief for the small busi- serving in our armed forces who are Mr. DURBIN. I announce that the nesses that must pay for that increase earning the minimum wage. We can do Senator from Delaware (Mr. BIDEN) and is simply not an option. I hope this is a favor for those individuals and treat the Senator from South Dakota (Mr. an approach that our colleagues in the them with respect and dignity by vot- JOHNSON) are necessarily absent. House will not derail. This approach ing for the increase in the minimum Mr. LOTT. The following Senators recognizes that small businesses have wage. We ought to do that right now. were necessarily absent: the Senator been the steady engine of our growing Mr. President, I ask unanimous con- from Kansas (Mr. BROWNBACK) and the economy and they have been the source sent that we vote on final passage right Senator from Nebraska (Mr. HAGEL). of new job creation. It, also, recognizes now. The PRESIDING OFFICER. Are there that small businesses in every sense of The PRESIDING OFFICER. Is there any other Senators in the Chamber de- the phrase are middle class families objection? siring to vote? too. Mr. ENZI. Mr. President, we have a The yeas and nays resulted—yeas 88, I am proud the body has chosen a process that is set up and a vote that is nays 8, as follows: path which attempts to preserve this called for, and I think we ought to fol- [Rollcall Vote No. 39 Leg.] segment of the economy which employs low that process. I think we have made YEAS—88 so many working men and women and a lot of progress, and as long as we con- Akaka Enzi Murray trains them. The Senate has recognized tinue to have progress in a bipartisan Alexander Feingold Nelson (FL) the simple fact that a raise in the min- way, this will make it through the Allard Feinstein Nelson (NE) imum wage is of no benefit to a worker process. It has been something every- Baucus Graham Obama body pledged themselves to early, and I Bayh Grassley Pryor without a job or a job seeker without a Bennett Gregg hope we haven’t broken that pledge. I Reed prospect. Bingaman Harkin Reid As this Congress moves forward, we object. Bond Hatch Roberts Boxer Hutchison will need to confront a range of issues The PRESIDING OFFICER. Objec- Rockefeller Brown Inhofe Salazar facing working families. Lessons in tion is heard. Bunning Inouye this debate should not be forgotten as The majority leader is recognized. Burr Isakson Sanders we approach complex issues. Yester- Mr. REID. Mr. President, before the Byrd Kennedy Schumer vote is called, I wish to alert everyone Cantwell Kerry Sessions day, we were referencing the so-called Cardin Klobuchar Shelby war on the middle class. That is par- here that the distinguished Republican Carper Kohl Smith tisan rhetoric which was never accu- leader and I are negotiating, trying to Casey Landrieu Snowe rate and is now simply divisive. Who is work something out on Iraq, which is Chambliss Lautenberg Specter the next issue we will go to when we Clinton Leahy Stabenow more middle class than America’s Cochran Levin Stevens small business men and women? Tax finish this bill, which will be tomorrow Coleman Lieberman Sununu relief to the middle-class small busi- sometime. It is very possible we are Collins Lincoln Tester ness owners who must pay the cost of going to have a vote Monday at noon Conrad Lott Thomas Corker Lugar Thune this wage increase mandate is no at- on the Iraq issue—everyone should un- Cornyn McCain derstand that—Monday at noon. We Voinovich tack on the middle class. An attack Dodd McCaskill Warner Dole would be passing the bill without such hope that be can avoided, but we may McConnell Webb Domenici Menendez not be able to avoid it. The Republican Whitehouse tax relief. Dorgan Mikulski Wyden I urge my colleagues to support clo- leader and I are doing our best to work Durbin Murkowski ture, and I yield the floor. something out. We have had a number NAYS—8 The PRESIDING OFFICER. The Sen- of meetings, and we will continue to do ator from Massachusetts is recognized. that throughout the day. Coburn DeMint Martinez Craig Ensign Vitter Mr. KENNEDY. Mr. President, it has CLOTURE MOTION Crapo Kyl been 8 days—8 days since we started The PRESIDING OFFICER. Under NOT VOTING—4 this debate on the minimum wage. the previous order and pursuant to rule Every Member of this body has made Biden Hagel XXII, the Chair lays before the Senate Brownback Johnson $4,500, and yet we haven’t been able to the pending cloture motion, which the get an increase in the minimum wage clerk will state. The PRESIDING OFFICER. On this from $5.15 to $7.25. Forty-five hundred The legislative clerk read as follows: question, the yeas are 88, the nays are 8. Three-fifths of the Senators duly dollars, everyone has made in this CLOTURE MOTION chosen and sworn having voted in the body, but minimum wage workers have We, the undersigned Senators, in accord- still been denied. Eight days. ance with the provisions of rule XXII of the affirmative, the motion is agreed to. How long does it take? How long does Standing Rules of the Senate, do hereby Mr. SCHUMER. I suggest the absence it take for this body to be able to say: move to bring to a close the debate on Cal- of a quorum. Yes, we are going to increase the min- endar No. 5, H.R. 2, as amended, providing for The PRESIDING OFFICER. The imum wage. How many more amend- an increase in the Federal minimum wage. clerk will call the roll. ments are over there on the Republican Ted Kennedy, Barbara A. Mikulski, Dan- The assistant legislative clerk pro- iel K. Inouye, Byron L. Dorgan, Jeff side? We have none. We are prepared to ceeded to call the roll. Bingaman, Frank R. Lautenberg, Jack Mr. DURBIN. Mr. President, I ask vote on final passage right now. But Reed, Barbara Boxer, Daniel K. Akaka, oh, no, we can’t do that. There should Max Baucus, Patty Murray, Maria unanimous consent that the order for be no doubt in the minds of working Cantwell, Tom Harkin, Robert Menen- the quorum call be rescinded. families, of the middle class, who is dez, Tom Carper, Harry Reid, Charles The PRESIDING OFFICER. Without standing for those who are earning the E. Schumer, Richard Durbin. objection, it is so ordered. minimum wage. The PRESIDING OFFICER. By unan- f Since we started this debate, there imous consent, the mandatory quorum have been thousands of meals that call has been waived. MORNING BUSINESS have been served in nursing homes. The question is, Is it the sense of the Mr. DURBIN. Mr. President, I ask There have been thousands of beds that Senate that debate on H.R. 2, as unanimous consent that the Senate have been made in hotels around this amended, an act to amend the Fair proceed to a period of morning business country. There are 6 million children Labor Standards Act of 1938 to provide with each Senator allowed to speak for who will benefit from this increase in for an increase in the Federal min- no more than 10 minutes and that the the minimum wage, who can’t afford imum wage, shall be brought to a time shall run against postcloture books to read, who can’t afford to buy close? time.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1381 The PRESIDING OFFICER. Without margins. Finally, in his last race in comfort in knowing that just as his in- objection, it is so ordered. 1978, he didn’t have an opponent. He fluence in Congress has lasted beyond f would have been reelected again in those 10 years of service, Robert 1980, but he was forced to step down Drinan’s influence on this world will TRIBUTE TO FATHER ROBERT when Pope John Paul II barred Catho- continue to be felt long after we are all DRINAN lic priests from holding elective office. gone. Mr. DURBIN. Mr. President, last Oc- Father Drinan left office, but he never I yield the floor and suggest the ab- tober, my alma mater, Georgetown left the struggle. He continued to work sence of a quorum. Law Center, established an endowed and speak out for justice until the day The PRESIDING OFFICER. The chair in human rights in honor of Fa- he died. clerk will call the roll. ther Robert Drinan. At the ceremony, In 1981, he took a post at Georgetown The assistant legislative clerk pro- Yale Law School Dean Harold Koh Law Center where he taught human ceeded to call the roll. called Robert Drinan ‘‘a father in more rights, civil liberties, and government Mr. GRASSLEY. Mr. President, I ask senses than one.’’ Dean Koh said: ethics. He taught his students that the unanimous consent that the order for He is the father of a remarkable revolu- central commandment of the Bible is the quorum call be rescinded. tion—a human rights revolution—a person of that ‘‘the people of God must be de- The PRESIDING OFFICER. Without simple, radical faith. voted to justice in every way.’’ He objection, it is so ordered. Sunday night, at the age of 86, Rob- taught that it is a sin that 31,000 chil- ert Drinan died. The world has loss a f dren die of starvation every day in this courageous champion for justice, SEC INVESTIGATION FINDINGS world. He urged his students, all of us: human rights, and human dignity. Mr. GRASSLEY. Mr. President, I am I just missed Father Drinan. I grad- ‘‘Sharpen your anger at injustice.’’ Use the talents God gave you to make this very happy to be on the floor with my uated from Georgetown Law before he colleague Senator SPECTER on some- joined the faculty, and he left Congress world better. Two months ago Father Drinan told thing we have worked on together over before I arrived. So I never had the a reporter that he hadn’t given any a long period of time, and it falls very chance to study and work with him di- thought to retiring; there was just too much into the category of congres- rectly. But like a lot of others, I was much left to do. And, he said, ‘‘Jesuits sional oversight. I am not going to go inspired and challenged by him. into the details now because I have a Georgetown University estimates don’t ordinarily retire. We just do what statement I want to use as a basis for that Father Drinan taught 6,000 stu- you do.’’ our cooperation, and then you will hear dents in a teaching career that Earlier this month Father Drinan from Senator SPECTER. I want to say stretched over more than five decades. was called on for a particularly sym- how great it was to work with Senator But those are just the students who en- bolic ceremony. He celebrated Mass for SPECTER. rolled in his classes at Boston College Speaker NANCY PELOSI at her alma We are here to update the Senate on and, later, at Georgetown. In fact, he mater in Washington, Trinity College. the interim Finance Committee find- taught a lot of people. He taught all of It was a special mass in honor of ‘‘the ings of the joint investigation into the us about the responsibility each of us children of Darfur and Katrina.’’ has to speak out for the voiceless and Father Drinan spoke to our con- Securities and Exchange Commission the oppressed, not just to speak, but to science. He spoke for the overlooked that was conducted by the Finance work for justice. and underpaid, for those who were too Committee on the one hand, and the In the 1960s, as dean of Boston Col- poor or too weak to speak for them- Judiciary Committee on the other, dur- lege Law School, Father Drinan selves. He spoke out in passionate de- ing the 109th Congress. showed courage by calling for the de- fense of the great moral and political Before I go into details, there is an- segregation of Boston’s public schools. values of our Nation. other person I would thank for his co- He challenged his students at the law In his lifetime he received many operation. I want to take this oppor- school to become active in the civil awards. Last May he received tunity to thank Securities and Ex- rights movement. Congress’s Distinguished Service change Commission Chairman Chris- In 1970, the people of Boston’s west- Award for his service in the House. The topher Cox for his cooperation in pro- ern suburbs elected Father Drinan to American Bar Association honored him viding access to thousands of pages of represent them in Congress, making with the ABA medal for his work on documents, as well as interviews with him the first Catholic priest ever to behalf of human rights. He was a the staff at the Securities and Ex- serve as a voting Member of Congress. founder of the Lawyers Alliance for change Commission. Chairman Cox’s He ran as a strong opponent of the Nuclear Arms Control; president of cooperation was very essential to our Vietnam war. He was the first Member Americans for Democratic Action; a ability to conduct our constitutionally of Congress to call for the impeach- member of the national board of Com- mandated oversight of Federal agen- ment of Richard Nixon, but not over mon Cause, People for the American cies. Watergate, rather over the undeclared Way, the Lawyers’ Committee for That said, I hope Chairman Cox takes war against Cambodia. He fought to Human Rights, the National Interreli- today’s findings to heart and will work make human rights the cornerstone of gious Task force on Soviet Jewry, the to implement recommendations Sen- American foreign policy and to estab- American Civil Liberties Union, and ator SPECTER and I plan to put forth lish a bureau for human rights within the NAACP Legal Defense Fund. into the forthcoming final report. the U.S. State Department. He fought He received 22 honorary degrees from Today, we want to update the Senate against government abuses of power colleges and universities. One of those on some of the details of our investiga- and led a successful battle to finally degrees, given to him by Villanova Uni- tion, which began early last year when abolish the House Internal Security versity in 1977, hung on the wall of his allegations were presented to our staffs Committee, formerly the Un-American office in the House of Representatives. by former Securities and Exchange Activities Committee, which we recall It read: Commission attorney Gary Aguirre. was responsible for so many unjust Your life’s work has provided proof that Mr. Aguirre described the roadblocks findings by this Congress, ruining the service to God and country are not inimical. he faced in pursuing an insider trading private lives of so many American citi- How true. investigation while he was employed as zens. In his sermon on the mount, Jesus a senior enforcement attorney at the In 1975, he became the first American told us: Securities and Exchange Commission. to receive his own CIA and FBI files Blessed are they who hunger and thirst Specifically, he alleged his supervisor under the Freedom of Information Act. after justice: for they shall have their fill. prevented him from taking the testi- With Congressman Frank Church and Robert Drinan is, indeed, blessed, and mony of a prominent Wall Street figure others, he worked to safeguard our we were blessed to have him serving because of his ‘‘political clout,’’ which right to privacy. America for so many years. Those of us obviously should not be ignored if an Father Drinan was elected to five who admired him and loved him were agency is doing the job they should be terms in Congress, each time by larger saddened by his death. But we take doing.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1382 CONGRESSIONAL RECORD — SENATE January 31, 2007 Well, after Mr. Aguirre complained I join Senator GRASSLEY in com- cluding that it was ‘‘highly suspect and about that sort of preferential treat- mending the Chairman of the SEC, illogical’’ to link Mr. MACK as the tip- ment given to somebody with ‘‘polit- Christopher Cox, for his cooperation, per, but in his prior writings he said, in ical clout,’’ his supervisors terminated and I also join Senator GRASSLEY in written form, ‘‘Mack is another bad him from the SEC while he was on va- urging Chairman Cox and the SEC to guy.’’ cation. do more. The oversight which our two The rationale used by the SEC offi- The interim findings we released committees undertook constituted a cials who denied Mr. Aguirre’s request today outlined the three primary con- review of over 9,000 pages of documents to take the testimony of Mr. MACK was cerns shared by Senator SPECTER and and the interviewing of 19 witnesses that they wanted to get ‘‘their ducks in me. First, the SEC’s investigation into over the course of 24 interviews. a row.’’ But the overwhelming evidence Pequot Capital Management was The Judiciary Committee, on which in the matter showed that the testi- plagued with problems from its begin- we both serve, held a series of three mony should have been taken at a ning to its abrupt conclusion. Second, public hearings regarding this matter, much earlier stage. There is no prob- the termination of Mr. Aguirre by the most recently on December 5, 2006, lem with taking testimony again if SEC was highly suspect given the tim- when the committee heard detailed necessary at a later stage. sworn testimony from current and ing and the circumstances. Thirdly, the A key SEC investigator, Mr. Hilton former SEC employees involved in the original investigation conducted by the Foster, with knowledge of the Pequot so-called Pequot investigation. SEC Office of Inspector General was matter, said, ‘‘As the SEC expert on in- both seriously and fatally flawed. The Based upon our review of the evi- sider trading, if people had asked me, inspector general’s failure required our dence, we have serious concerns, which ‘When do you take his testimony,’ I committees to take a more thorough are documented in a lengthy report, would have said take it yesterday.’’ look at Mr. Aguirre’s allegations and which we will make a part of the examine this matter closely. Taken to- record, plus supplemental documents. Mr. Joseph Cella, Chief of the SEC’s gether, these findings paint a picture of Our investigation has raised concerns Market Surveillance Commission, told a troubled agency that faces serious about, first, the SEC’s mishandling of committee investigators, ‘‘it seemed to questions about public confidence, the the Pequot investigation before, dur- me that it was a reasonable thing to do integrity of its investigations, and its ing, and after the firing of Mr. Gary to bring Mack in and have him tes- ability to protect all investors, large Aguirre; secondly, the circumstances tify,’’ and ‘‘in my mind there was no and small, with an even hand. under which Mr. Aguirre was termi- down side.’’ The SEC should have taken Mr. nated; and third, the manner in which Mr. MACK’s testimony was taken 5 Aguirre’s allegations more seriously the SEC’s Inspector General’s Office days after the statute of limitations and very seriously. Instead, it does like handled Mr. Aguirre’s allegations after expired. But let me point out at this too many agencies do when under fire: he was fired. juncture that even though the statute it circled the wagons and it shot a Viewing these concerns as a whole, of limitations has expired, there is in- whistleblower—an all too familiar we believe a very troubling picture junctive relief and other action that practice in Washington, DC. As we evolves. At best, the picture shows ex- can yet be taken by the SEC. know, whistleblowers are about as wel- traordinarily lax enforcement by the The problems with the Pequot inves- come as a skunk at a picnic. SEC, and it may even indicate a cover- tigation are amplified by the suspect There is more information to follow up by the SEC. We are concerned, first termination of Mr. Aguirre. On June 1, and more details that need to come to of all, as detailed in this report, that 2005, in a performance plan and evalua- light. Senator SPECTER and I together the SEC failed to act on the GE/Heller tion, Mr. Aguirre was given an accept- plan on releasing a comprehensive re- trades for years. We are concerned able rating, and Mr. Hanson, on June port in the near future. For now, I hope about the suggestions of political 29, 2005, noted Mr. Aguirre’s ‘‘un- these interim findings will spur the power which was present in the inves- matched dedication’’ to the Pequot in- SEC to consider meaningful reforms. I tigation, which has all of the earmarks vestigation and ‘‘contributions of high urge all my colleagues to read these of a possible obstruction of justice. quality.’’ These evaluations were sub- important interim findings and to read There is sworn testimony by Mr. mitted to the SEC’s Compensation the final report when it is made avail- Gary Aguirre that he was told in a Committee, which later approved Mr. able. face-to-face meeting with his imme- Hanson’s recommendation on July 18. I yield the floor. diate supervisor, Branch Chief Robert Despite these favorable reviews, The PRESIDING OFFICER. The Sen- Hanson, that he could not take the tes- Aguirre’s supervisors wrote a so-called ator from Pennsylvania. timony of Mr. John Mack, who was supplemental evaluation on August 1, Mr. SPECTER. Mr. President, I thought to have leaked confidential in- and this reevaluation on August 1 oc- would like to begin by thanking my formation. Mr. Aguirre testified that curred 5 days after Mr. Aguirre sent su- distinguished colleague, Senator Mr. Hanson refused to allow the taking pervisor Berger an e-mail saying that GRASSLEY, for his outstanding work on of testimony, as Mr. Aguirre pointed he believed the Pequot investigation the issues which he has just addressed. out, because of Mr. Mack’s ‘‘powerful was being halted because of Mr. MACK’s Senator GRASSLEY and I have a long political contacts.’’ political power. record of working together. We were Now, Mr. Hanson denied to the SEC elected together in November 1980 with inspector general and to the committee There was an investigation by the in- the election of Ronald Reagan. There that he ever said that, but we have spector general of the SEC, and in my were 16 members of the incoming class contemporaneous e-mails, for example, years in the Senate and hearing many of Republican Senators at that time. where Mr. Hanson admitted to a very inspectors general testify, I can’t recall Two Democrats were elected. similar statement when he wrote to hearing an inspector general who said In the intervening years, Senator Mr. Aguirre on August 24, 2005, ‘‘Most less, did less, and was more thoroughly GRASSLEY and I have become the sole importantly, the political clout I men- inadequate in the investigation. For survivors, and we have done a great tioned to you was a reason to keep example, the inspector general’s staff deal of work together. Paul,’’ referring to a man named Paul said, ‘‘we don’t second guess manage- We sit together on the Judiciary Berger, ‘‘and possibly Linda,’’ referring ment’s decisions. We don’t second Committee, and Senator GRASSLEY has to a woman named Linda Thomsen, ‘‘in guess why employees are terminated.’’ had a very distinguished record as the loop on the testimony.’’ Now, that Well, that is precisely the purpose of chairman of the Senate Finance Com- is conclusive proof of the political having an inspector general. The pur- mittee during the 109th Congress, and I clout or at least what Mr. Hanson pose of having an inspector general is chaired the Judiciary Committee dur- thought was political clout when the to review those kinds of decisions. ing the 109th Congress. We are making SEC made a decision not to permit the The inspector general testified that a presentation today of interim find- taking of key testimony, the testi- he was given advice by the Department ings on the investigation into potential mony of Mr. MACK. of Justice, which made absolutely no abuse of authority at the Securities Mr. Hanson submitted a written sense. This appears in some detail in and Exchange Commission. statement to the committee con- the record.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1383 Then the inspector general initiated amined allegations that the Securities and son and Assistant Director Mark Kreitman, an attempt to take what was really pu- Exchange Commission (SEC) abused its au- initially were enthusiastic about inves- nitive action against Mr. Aguirre by thority in handling its now-closed investiga- tigating Pequot and Mr. Mack as the pos- seeking enforcement of a subpoena for tion of suspicious trading by the hedge fund sible supplier of inside information to Pequot Capital Management (‘‘Pequot’’ or Pequot. Indeed, after Aguirre developed a documents which were involving Mr. ‘‘PCM’’). We submit these preliminary find- plausible theory connecting Mack to the Aguirre’s communications with Con- ings based upon the evidence received by trades, Hanson wrote on June 3, 2005, in an gress. Now, how can an individual com- both Committees to date because we believe email that ‘‘Mack is another bad guy (in my municate, talk to an oversight com- it is important to share with the full Senate. view)’’ (Attachment 1). And on June 14, 2005 mittee, such as the Judiciary Com- Between July 2006 and the end of the 109th Aguirre’s supervisors Hanson and Kreitman mittee or the Finance Committee, if Congress, the Senate Judiciary and Finance authorized him to speak with federal pros- those communications are going to be Committees conducted a joint investigation ecutors concerning the trades. Six days later subject to a subpoena by the SEC, by into allegations raised by former SEC em- on June 20, 2005, in response to a more com- ployee Gary Aguirre. Mr. Aguirre contends the inspector general? It is just prepos- prehensive analysis of his theory regarding that his efforts to investigate potentially Mack, Hanson wrote: ‘‘Okay Gary you’ve terous. We have constitutional over- massive insider trading violations by Pequot given me the bug. I’m starting to think sight responsibilities, and we obviously were thwarted by his superiors when his in- about the case during my non work hours’’ cannot conduct those responsibilities if vestigation increasingly focused on current (Attachment 2). the information we glean is going to be Morgan Stanley Chief Executive Officer What is troubling is how this enthusiasm subject to somebody else’s review. John Mack. Mr. Aguirre also alleges that his waned after public reports on June 23, 2005, The subpoena wasn’t pursued, but the insistence on taking Mr. Mack’s testimony that Morgan Stanley was considering hiring lack of judgment—and it is hard to find met resistance within the SEC and ulti- Mack as its new CEO. Specifically, we are a strong enough word which is not in- mately led to his firing. In addressing these concerned about the circumstances leading sensitive to describe the inspector gen- allegations, we have focused on the internal to the decision by Aguirre’s supervisors to processes of the SEC. We have not attempted delay taking Mack’s testimony. The Judici- eral’s conduct in trying to subpoena to decide the merits of the underlying ary Committee received sworn testimony the records of the Senate Judiciary Pequot insider trading investigation and, at from Aguirre that he was told in a face-to- Committee and the Senate Finance this juncture, take no position on whether face meeting with his immediate supervisor, Committee. It just made absolutely no Pequot or Mack violated any securities laws. Hanson, that he could not take Mack’s testi- sense. To date, Committee investigators have re- mony because of his ‘‘powerful political con- We hope that the SEC will reopen its ceived and reviewed over 9,000 pages of docu- tacts.’’ While Hanson denied to the SEC/IG investigation even though the statute ments and interviewed nineteen (19) key wit- and to the Committees that he ever said of limitations has run on criminal pen- nesses over the course of twenty-four (24) that, we question his denial because of con- alties. It has run because of the inac- interviews. The Judiciary Committee also flicting contemporaneous emails. For exam- held a series of three (3) public hearings re- ple, Hanson admitted to a very similar state- tion of the SEC waiting so long to start garding this matter—most recently on De- ment when he wrote to Aguirre on August 24, the investigation, then not taking Mr. cember 5—when the Committee heard de- 2005, ‘‘Most importantly the political clout I MACK’s testimony until 5 days after the tailed sworn testimony from current and mentioned to you was a reason to keep Paul statute of limitations had expired. Not- former SEC employees involved in the [Berger] and possibly Linda [Thomsen] in the withstanding that, there are other Pequot investigation. loop on the testimony’’ (Attachment 3, em- remedies, such as disgorgement, which Based on our review of this evidence we phasis added). He also used the term ‘‘juice’’ still may be pursued. have serious concerns. As discussed further when referring to Mack’s attorneys (Attach- The oversight function of Congress, below, our primary concerns involve: (1) the ment 4). Another witness testified before the as we all know, is very important. Pur- SEC’s mishandling of the Pequot investiga- Judiciary Committee that Hanson referred tion before, during, and after Aguirre’s fir- suing an investigation of this sort is to Mack’s ‘‘prominence’’ as a reason for not ing; (2) the circumstances under which taking his testimony (Attachment 5). highly technical, but we have done so, Aguirre was terminated; and (3) the manner To be sure, Hanson’s supervisor, Mark so far, in a preliminary manner. We be- in which the SEC’s Inspector General’s office Kreitman, also referred to John Mack’s lieve this matter is of sufficient impor- handled Aguirre’s allegations after he was ‘‘prominence.’’ Speaking about former U.S. tance so that Senator GRASSLEY and I fired. Viewing these concerns as a whole, we Attorney Mary Jo White’s contact with SEC have come to the floor jointly today to believe a troubling picture emerges. At best Enforcement Director Linda Thomsen re- make a statement. the picture shows extraordinarily lax en- garding the Pequot investigation, Kreitman On behalf of Senator GRASSLEY and forcement by the SEC. At worse, the picture told the Inspector General’s Office, ‘‘White is myself, I ask unanimous consent that is colored with overtones of a possible cover- very prestigious and it isn’t uncommon for the full text of the interim findings on up. Either way, we believe the SEC must someone prominent to have someone inter- the investigation of potential abuse of take corrective and preventative action to vene on their behalf’’ (Attachment 6). ensure that future investigations, internal Kreitman’s supervisor, Associate Director authority of the Securities and Ex- and external, do not follow the same path as Paul Berger, also brought up the issue of change Commission be printed in the the Pequot matter. prominence, when asked whether he could ECORD R , together with extensive docu- FINDINGS remember examples of witnesses other than mentation which supports the findings. THE SEC’S INVESTIGATION OF PEQUOT WAS John Mack for whom he required a staff at- Again, we acknowledge the coopera- PLAGUED WITH PROBLEMS torney to prepare a memorandum to justify the taking of investigative testimony (At- tion of Chairman Cox and the SEC, and The SEC Failed To Act on the GE/Heller Trades tachment 7). we ask that further investigation be for Years We also have reason to question Hanson’s undertaken there. It is a matter of con- The alleged insider trading occurred in tinuing oversight concern to Senator credibility given certain inconsistent state- July 2001 when Pequot CEO Arthur Samberg ments that he gave to the Judiciary Com- GRASSLEY and myself and the respec- began purchasing large quantities of Heller mittee during its December hearing. Specifi- tive committees where we now serve as Financial stock while also shorting General cally, we find it difficult to reconcile Han- ranking members. Electric (‘‘GE’’) stock a few weeks before the son’s submitted written statement to the Mr. President, I ask Senator GRASS- public announcement that GE would pur- Committee concluding that it was ‘‘highly LEY, what did I leave out? chase Heller. On January 30, 2002, the NYSE suspect and illogical’’ to link Mack as the Mr. GRASSLEY. You didn’t leave ‘‘highlighted’’ some of these trades for the tipper with his prior writings that ‘‘Mack is anything out, but we did ask unani- SEC as a matter that warranted further another bad guy (in my view)’’ (Attachment mous consent that this be put in. scrutiny and surveillance. But it appears 8). Moreover, it bears noting that despite There being no objection, the mate- that the SEC did next to nothing to inves- Hanson’s statement that Aguirre’s theory tigate these trades until after Aguirre joined rial was ordered to be printed in the was ‘‘highly suspect and illogical’’ the SEC the Commission over 2 years later on Sep- ultimately took Mack’s testimony on Au- RECORD, as follows: tember 7, 2004. In fact, it is clear to us that gust 1, 2006. Furthermore, we are troubled by THE SPECTER-GRASSLEY INTERIM Aguirre was the driving force behind the in- Hanson’s failure to recall a key investment FINDINGS ON THE INVESTIGA- vestigation of the GE-Heller trades that had that Mack entered into with the help of TION INTO POTENTIAL ABUSE OF otherwise remained dormant at SEC since Pequot prior to his alleged passing of inside 2002. AUTHORITY AT THE SECURITIES information to Pequot CEO Samberg regard- The Circumstances Surrounding the Investiga- AND EXCHANGE COMMISSION ing the GE-Heller transaction. Hanson’s fail- tion of John Mack as the Potential Tipper ure to recall this transaction at the hearing OVERVIEW Are Highly Suspect raises doubt as to whether Aguirre’s theory These findings follow the Judiciary Com- The evidence shows that Aguirre’s imme- regarding Mack was ever taken seriously by mittee’s December 5, 2006, hearing that ex- diate supervisors, Branch Chief Robert Han- his supervisors at the SEC.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1384 CONGRESSIONAL RECORD — SENATE January 31, 2007 Moreover, we question the rationale ad- about his communications with Arthur mittee staff, and in their hearing testimony. vanced by Aguirre’s supervisors in not tak- Samberg and Pequot’s trading in Heller and In doing so, we have noted the considerable ing Mack’s testimony: to get ‘‘their ducks in GE. By contrast, it took Mary Jo White only lack of contemporaneous documents cor- a row.’’ While reasonable minds may dis- two days to do so. On the Sunday after Mor- roborating the concerns they raised. agree on an appropriate investigative strat- gan Stanley’s Board of Directors hired her For example, the IG’s closing memo cites egy, the SEC’s rationale for delaying the and her firm, Debevoise & Plimpton, to look his supervisors’ concerns about subpoenas taking of Mack’s testimony runs contrary to into Mack’s potential exposure in the Pequot that Aguirre issued allegedly in violation of what insider trading experts have told us and investigation, she quickly obtained docu- law. While his supervisors now claim that contrary to what others within the SEC be- ments and questioned Mack about specific this was a significant error, which seriously lieved at the time. According to Mr. Hilton emails with Arthur Samberg. The SEC undermined their confidence in Aguirre, they Foster, an experienced former SEC investi- should have been at least as curious about have produced no documents to the Commit- gator with knowledge of the Pequot matter: Mack’s answers as Mary Jo White was. tees suggesting that they viewed it that way ‘‘as the SEC expert on insider trading, if peo- The Problems With the Pequot Case Are Ampli- at the time. Another example is Hanson’s al- ple had asked me, ‘when do you take his tes- fied by the Testimony of Other SEC Employ- legation that Aguirre behaved ‘‘unpro- timony,’ I would have said take it yester- ees fessionally’’ while taking the testimony of day.’’ In addition, Joseph Cella, Chief of the Our concerns are further heightened by the Arthur Samberg. This allegation is based on SEC’s Market Surveillance Division, told testimony of one key SEC employee who second-hand knowledge, as Hanson did not Committee investigators, ‘‘it seemed to me raised issues with the manner in which the actually attend the testimony. Moreover, that it was a reasonable thing to do to bring Pequot investigation was handled. Specifi- the SEC has not produced records to the Mack in and have him testify,’’ and ‘‘in my cally, the Judiciary Committee received Committees suggesting that Hanson or any mind there was no down side[.]’’ compelling sworn testimony from SEC Mar- of his other supervisors were concerned at The explanation offered by Aguirre’s super- ket Surveillance Branch Chief Eric Ribelin the time about the way Aguirre took the visors that without direct evidence that who sought recusal from the Pequot inves- Samberg testimony. In fact, Hilton Foster Mack had knowledge of the GE transaction— tigation shortly after Aguirre’s termination told the Committees that he planned to use what Aguirre’s supervisors referred to as because, as he alleged at the time, ‘‘some- a portion of the transcript as a model for proving Mack went ‘‘over the wall’’ (Attach- thing smells rotten.’’ Ribelin also explained how to take testimony in his training of new ment 3)—the deposition would consist simply to the Judiciary Committee that he believed SEC attorneys. A third former SEC employee of a denial by Mack is not at all convincing. Aguirre’s supervisors, especially Associate told staff that the testimony of current SEC Indeed, although the SEC apparently never Director Paul Berger, failed to ‘‘support the supervisors at the December 5, 2006 hearing found such direct evidence, the SEC did man- aggressiveness and tenacity of [Aguirre]’’ concerning the reasons for terminating age to question Mack for over 4 hours when (Attachment 5). This is significant testi- Aguirre were not consistent with that em- it finally took his testimony on August 1, mony from a witness who felt it was his duty ployee’s experience with Aguirre. 2006, after the statute of limitations had ex- to come forward and testify. As such, we Aside from these inconsistencies, the pired. And although Aguirre’s supervisors trust that Commissioners at the SEC will greater concern is with the timing of advance the rationale that taking Mack’s take every step to ensure that no retaliation Aguirre’s re-evaluation. Aguirre’s super- testimony in the summer of 2005 would have against Ribelin will occur. visors prepared the re-evaluation on August 1 after the Compensation Committee (on been merely premature, this notion is con- THE SEC’S TERMINATION OF AGUIRRE IS which Berger sat) had already approved the tradicted by the staff attorney who took the HIGHLY SUSPECT lead in the investigation after Aguirre was merit pay increase for Aguirre and most sig- The documents and testimony adduced by fired. In particular, shortly before taking nificantly, 5 days after Aguirre sent Berger the Committees show that Aguirre, a proba- Mack’s deposition in August 2006, that attor- an email saying that he believed the Pequot tionary employee while at the SEC, was a ney wrote explicitly in a July 19, 2006, email investigation of Mack was being halted be- smart, hardworking, aggressive attorney that the rationale for taking Mack’s testi- cause of Mack’s political power. who was passionately dedicated to the mony was not a matter of being ‘‘pre- Finally, there are questions about Paul Pequot investigation. These positive at- mature’’ but rather an issue of establishing Berger’s outside employment with the law tributes were noted in a June 1, 2005 ‘‘Per- the necessary ‘‘prerequisite’’ of when Mack firm of Debevoise & Plimpton—the private formance Plan and Evaluation’’ prepared by had obtained inside information (Attach- firm that represented John Mack’s prospec- Kreitman which give Aguirre an ‘‘accept- ment 8). tive employer during the time that Berger The purpose of taking investigative testi- able’’ rating for numerous work criteria, and allegedly vetoed efforts to take Mack’s testi- mony is not to confront a witness with accu- then followed by a more detailed ‘‘Merit mony. Although Berger testified recently be- sations of wrongdoing, as Aguirre’s super- Pay’’ evaluation written by Hanson on June fore the Judiciary Committee that he ‘‘first visors seem to believe. Rather it is to gather 29, 2005, which noted Aguirre’s ‘‘unmatched approached Debevoise in January of 2006’’ (at information that helps to either confirm or dedication’’ to the Pequot investigation and which time he recused himself from the rule-out working theories, which by their na- ‘‘contributions of high quality.’’ These eval- Pequot investigation and all other matters ture must be speculative at the beginning of uations were submitted to the SEC’s Com- in which Debevoise had entered an appear- the investigation. One SEC witness who pensation Committee which later approved ance), Committee investigators identified a wishes to remain anonymous told the Com- Hanson’s recommendation (among others) on September 8, 2005, email suggesting that a mittees’ investigators that SEC training per- July 18, 2005. contact was made on behalf of Berger Despite these favorable reviews, Aguirre’s sonnel teach new attorneys that: through an intermediary who was also seek- supervisors (Kreitman, Hanson and Berger) ing employment with the same firm at the it was important to immediately ‘‘nail wrote a so-called ‘‘supplemental evaluation’’ time. While we have found no proof of actual down’’ the stories of any individuals who on August 1 that spoke negatively of quid pro quo for Berger’s employment in ex- possibly had been involved in the suspicious Aguirre. Aguirre’s supervisors never shared change for the favorable treatment of Mack, trades so that the person could not adjust this evaluation with Aguirre and indeed ad- the SEC should take steps to avoid the ap- their story to account for any information mitted that they are ‘‘fairly rare’’. In fact, pearance of impropriety of the sort that this we later uncovered. This also served to assist during the December 5, 2006 hearing, current email seems to suggest. This is especially the direction of the investigation because it SEC supervisors could not recall other in- true given that this contact on Berger’s be- allowed us to immediately identify whether stances where a supplemental evaluation was half occurred just days after Aguirre was or not any subsequent evidence supported prepared for an employee. We are skeptical fired and months before Berger recused him- the individual’s initial statement thereby of the supervisors’ explanations regarding self from the Pequot matter. giving us a strong indication of whether the the creation of this document. According to initial statement appeared to be true and Hanson and Kreitman, their initial positive THE FOLLOW-UP SEC INSPECTOR GENERAL’S what, if any, additional investigation needed evaluations covered only the period ending INVESTIGATION WAS SERIOUSLY FLAWED to be conducted (such as the need for more April 30, 2005, thus suggesting that the eval- We are deeply troubled by what appears to in-depth testimony if we found contradic- uation was accurate with respect to perform- us to be a cursory investigation of Aguirre’s tions). ance up to that date. But these same super- allegations by the SEC’s Office of Inspector Although the SEC finally took Mack’s tes- visors also testified that the initial evalua- General, headed by Walter Stachnik. Subse- timony in August 2006, we are concerned tions were perhaps too generous, thus sug- quent to SEC Chairman Cox’s September 7, about the circumstances under which it was gesting that there were performance issues 2005, referral of Aguirre’s allegations to the done. Mack’s testimony was taken five days that should have been addressed in the ini- IG, Stachnik failed to interview Aguirre or after the statute of limitations expired, and tial evaluation and Merit Pay recommenda- any of the other SEC employees mentioned only a few months after we initiated our in- tion. in Aguirre’s letter to Chairman Cox. The tes- quiry into this matter. We question why the Rather than taking them at face value, we timony of one such witness, Eric Ribelin, SEC failed to take this obvious step earlier. have attempted to assess the credibility of saw the light of day only through our inves- The evidence suggests that his testimony the negative statements Aguirre’s super- tigation. Moreover, our concerns were fur- was taken primarily to deflect public criti- visors made about him in his re-evaluation, ther enhanced when the IG’s investigators cism for not having taken it much earlier. It in his notice of termination, in interviews repeatedly told our staff that in inves- took the SEC over a year to ask John Mack with the SEC/IG, in interviews with Com- tigating Aguirre’s allegations of improper

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1385 motivation for his termination, ‘‘we don’t From: Aguirre, Gary J. [Arthur Samberg] ‘‘Many people who have second guess management decisions . . . we To: Ribelin, Eric; Foster, Hilton; Eichner, called me for a job want me to fix something, don’t second guess why employees are termi- Jim; Conroy, Thomas; Glascoe, Stephen; but I’d like to focus my job on building,’’ Mr. nated.’’ (Attachment 9). Such statements are Miller, Nancy B. Mack said. fundamentally incompatible with the mis- CC: Hanson, Robert; Kreitman, Mark J. For Pequot, the hiring of Mr. Mack is part sion and purpose of the Office of Inspector Sent: Fri Jun 03 08:36:07 2005 of a change in recent years from traditional hedge-fund strategies, such as buying and General. This may explain why the IG spoke Subject: Possible tipper new Pequot Chair- selling U.S. and European shares. Returns only to Aguirre’s supervisors, accepted ev- man? John Mack, who came up on radar screen for some hedge-funds have fallen, amid con- erything they said at face value, and re- as possible GE-Heller tipper, has just become cern by some that too many savvy ‘‘hedge viewed only documents identified by those chairman of Pequot Capital, according to funds were seeking the same opportunities in supervisors. However, it is certainly not a WSJ article below. Mack moved from Mor- the market. recipe for an independent and thorough in- gan Stanley, adviser in Heller acquisition, to Hedge funds lost less than 1 percent this vestigation. CSFB, also adviser in Heller, in late July year through April—results that topped the Furthermore, the IG initially attempted to 2001, the month of acquisition. The are hun- returns of the market though they pale in take punitive action against Aguirre by dreds of Pequot e-mails referring to Mack, comparison to the double-digit gains hedge funds scored in recent years. Pequot’s var- seeking enforcement of a subpoena for docu- including a dozen in July 2001. See e-mail ious hedge funds are up about 3 percent in ments in his possession—including confiden- below between Samberg and his son referring 2005, according to investors. But Mr. tial communications with Congress. We are to Mack (‘‘It’s nice to have friends in high places . . .:)’’ Is there something to this per- Samberg predicts that the growth of the pleased that the scope of the subpoena was hedge-fund business will lead to a shakeout subsequently narrowed to exclude commu- verse logic: Mack is the only person in the world who would have as much to loose as that forces as many as 30 percent of existing nications with Congress. Nevertheless, Samberg if we could prove that he provided hedge funds to throw in the towel, even as Stachnik’s continued insistence that his material-nonpublic info to Samberg. Who institutions continue to up their invest- first investigation was ‘‘professional,’’ and safer for Samberg to head Pequot and keep ments in so-called alternative investments. his refusal to answer the Committee’s ques- its secrets? Please note the happy face which At the same time, the market is neither tions about the subpoena at the instruction has already come up twice in relating to pos- cheap nor especially expensive, presenting of the Justice Department are similarly sible flow of insider info. Ironically, Mack’s few obvious opportunities. That is why troubling. The SEC’s IG is supposed to pro- article quoted below is C–1 of WSJ, just as Pequot has been looking elsewhere lately, vide employees an alternate, objective, open- was when Samberg’s exchanged e-mails starting hedge funds focused on emerging markets, parts of the debt world and other minded avenue for reporting abuse of author- below. ity or other misconduct. At no time, before strategies. [From the Wall Street Journal, June 3, 2005] As reported in The Wall Street Journal, or after his termination, was Aguirre able to JOHN MACK TO JOIN PEQUOT HEDGE FUND IN Pequot recently formed a joint venture with obtain at the SEC an objective and thorough CHAIRMAN’S ROLE Singapore-based Pangaea Capital Manage- consideration of his concerns. It is unfortu- (By Gregory Zuckerman and Ann Davis) ment to invest in distressed assets in Asia, nate that he had to reach out to our Com- including real estate. mittees to obtain such a review. In the latest example of a prominent finan- Mr. Mack’s move effectively blunts specu- cial figure entering the hedge-fund world, lation that he might join a new investment- CONCLUSION former Wall Street heavy-hitter John Mack banking boutique with some recently de- is joining Pequot Capital Management Inc. The handling of the Pequot investigation, parted top Morgan Stanley executives. A as chairman. group of former Morgan alumni waged a loud the basis for and the timing of Aguirre’s ter- Mr. Mack, 60 years old, was co-chief execu- campaign for the ouster of Morgan CEO Phil- mination, and the woefully inadequate IG in- tive of Credit Suisse Group and CEO of that vestigation of serious allegations of abuse of ip Purcell this spring, after a management bank’s Credit Suisse First Boston until last shakeup and several executive departures. authority, present a very troubling picture. year, and previously was president of Wall Mr. Mack, who clashed with Mr. Purcell be- Based upon the evidence we have reviewed to Street firm Morgan Stanley. He will work fore he left the firm in 2001, has kept a stud- date, the SEC’s handling of the Pequot inves- with Pequot’s founder, Art Samberg, to help ied distance from the dissidents. tigation shows either inexplicably lax en- lead the firm into new markets, recruit Mr. Mack’s move effectively blunts specu- forcement or possibly a willful cover-up. Ei- money managers and help guide the West- lation that he might join a new investment- ther way, the SEC must review this matter port, Conn., firm. Hedge funds are lightly banking boutique with some recently de- and take appropriate corrective measures. regulated investing pools, traditionally for parted top Morgan Stanley executives. A Anything less will undermine public con- the wealthy and institutions. group of former Morgan alumni waged a loud fidence in our capital markets. We owe it to [John Mack] Mr. Samberg, 64, an investor campaign for the ouster of Morgan CEO Phil- the public to ensure that securities enforce- with a well-regarded record, will remain ip Purcell this spring, after a management chief executive of Pequot, which manages ment is rigorous and unbiased. shakeup and several executive departures. about $6.5 billion, effectively running the Mr. Mack, who clashed with Mr. Purcell be- As such, we hope the SEC will consider re- firm day-to-day. (Meanwhile, a British finan- fore he left the firm in 2001, has kept a stud- opening its investigation into the Pequot cial regulator, Gay Huey Evans is joining a ied distance from the dissidents. matter given our findings. While the statute hedge fund run by Citigroup.) Mr. Mack will be asked to tap into his of limitations has run on criminal penalties Speculation about where Mr. Mack would wide-ranging contacts to find new invest- and civil penalties related to the underlying land after he was replaced last year at CSFB ment ideas around the globe, as well as trades, we understand that other remedies, has been something of a parlor game on Wall coach Pequot’s investment team. Mr. Mack such as disgorgement, may still be pursued. Street. Various companies put out feelers, is expected to help smooth the way for There also may be reasonable cause for the including Goldman Sachs Group Inc., and he Pequot fund managers by introducing them SEC or the Department of Justice to inves- was approached as a possible candidate to to company executives. run mortgage giant Fannie Mae, among tigate whether any testimony given in the ‘‘I see an opportunity to build something other positions, according to people close to underlying Pequot investigation was false. really great here and John will be a big part the matter. Some expected Mr. Mack, who is We urge the SEC to take Aguirre’s allega- of that,’’ Mr. Samberg said. active in politics, to seek an office or ambas- Mr. Samberg’s previous alliance with a tions seriously and seek to improve the man- sadorship. high-powered partner ended when Pequot co- agement and operations of the Commission But like many Wall Street traders and an- founder Dan Benton quit the firm in 2001, based on lessons learned from this con- alysts lately, Mr. Mack is heading for the taking about $7 billion of investor money troversy. We anticipate transmitting more hedge-fund world, where assets are growing with him to his new firm, Andor Capital detailed findings, conclusions and rec- and the rewards can be lucrative. Hedge Management LLC. Mr. Samberg says he is ommendations to the Senate during the funds generally charge a management fee confident his new partnership with Mr. Mack 110th Congress after we conclude our assess- and a percentage of the firm’s investment will work, in part because of his close rela- ment of the evidence adduced to date. gains, meaning that stellar results bring big tionship with Mr. Mack. In recent months, paydays. In addition to a salary, Mr. Mack Mr. Mack has been using spare space in ATTACHMENT 1 will receive equity in Pequot, according to Pequot’s New York office, weighing his op- From: Hanson, Robert. the firm. tions. Sent: Friday, June 03, 2005 10:00 a.m. Mr. Mack wouldn’t address details of other The move to bring in an established Wall To: Aguirre, Gary J. possible job offers but said in an interview Street executive like Mr. Mack could signal Subject: Re: Possible tipper new Pequot that he was attracted to Pequot because he that Pequot, like some other hedge-fund Chairman? and Mr. Samberg have been friends for more firms lately, might be interested at some Mack is another bad guy (in my view). than a decade, starting when Mr. Mack gave point in selling itself, or part of the firm, to some money to Mr. Samberg to invest. Mr. a mainstream Wall Street firm or even going Sent from my BlackBerry Wireless Mack also said he was eager to help the firm public through. a stock offering, although Handheld push into new investment areas. Mr. Samberg says he has no plans to do so.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1386 CONGRESSIONAL RECORD — SENATE January 31, 2007 J.P. Morgan Chase & Co. recently purchased him but never from you (not the normal way and they sound cooperative. Second, all sub- a majority stake in big hedge-fund firm New to keep informed). Also, can I get a copy of poena documents are passing through Lynch York-based Highbridge Capital Manage- the lengthly e-mails or memos you sent Paul who is going back to Morgan Stanley to join ment., and Lehman Brothers Holdings Inc. in mid-July? It’s important for me to be kept Mack. I am hearing a lot about privacy has purchased 20 percent of Ospraie Manage- in the loop on things that have a bearing on rights under Swiss law. ment LP, a New York hedge fund. the case. Patalino (CSFB contact) says Mack had Merrill Lynch & Co. agreed to provide $300 Thanks. two limited contacts with CSFB shortly be- million in capital for a venture with Pequot fore he started work. He met with CSFB’s to place money with 15 to 30 new fund man- From: Aguirre, Gary J. CFO and an attorney two weeks before he agers. Pequot is expected to offer the man- Sent: Wednesday, August 24, 2005 started (around June 29) and again just be- agers research and administrative support— To: Hanson, Robert fore he started. Both dates are very signifi- part of a trend of hedge funds providing serv- Subject: RE: Mack testimony cant in terms of Samberg’s trading: June 29 ices also offered by investment banks., blur- Bob: is when Mack spoke by phone with Samberg, ring the lines between the two. I have three comments regarding ‘‘the over which is just before Samberg began trading the wall’’ requirement. First, before and in Heller. July 8–9 is the time frame when To: ’Joe@’ [Joe@ after the Mack decision, you have told sev- Samberg increased his buy on Heller from From: Samberg, Art eral times that the problem in taking Mack’s 15,000 to 400,000 shares, suggesting that his Re: John Mack. exam is his political clout, e.g., all the peo- information was refreshed. This also cor- Date: 07/12/2001. ple that Mary Jo White can contact with a relates with the date that GE increased its Spoke to him last night and commented on phone call. Second, proof that a witness was offer for Heller. how up he sounded. He said he was close to ‘‘over-the-wall’’ had not been a prerequisite Bottom line: evidence suggests that something, but I didn’t know it would be for any other examination in this matter. Samberg had his info refreshed on exact days today. Sounds like the perfect opportunity Third, see my memo to Mark on the same that Mack met with CFO of CSFB. Item 8 is for him. subject below. an effort to obtain information relevant to You sate, ‘‘My suggestion a while ago was From: Joe Samberg. vacation, Mark in- whether Mack had the information before Cc: Hanson, Robert formed me that I would have to establish approaching him. Subject: RE: Pequot pending matters. that Mack ‘‘went over the wall’’ before I Most importantly the political clout I As I understand the term ‘‘over the wall,’’ could take Mack’s testimony and ask him mentioned to you was a reason to keep Paul I do not think it applies here in its usual whether he went over the wall. This makes and possibly Linda in the loop on the testi- sense: someone within a securities firm no sense to me. mony. As far as I know politics are never in- going over the ‘‘wall’’ restricting access to Further, Paul had asked me to send him volved in determining whether to take some- non-public, material information. The tip to my assessment why it was necessary to take one’s testimony. I’ve not seen it done at this Samberg, assuming it took place, must have Mack’s testimony and I delayed it in hopes agency. It does make sense though to have occurred before Mack started with CSFB. that the assessment would be reviewed objec- all your ducks in a row before approaching a There will be no evidence in the classic sense tively. Since Mark has already made up his significant witness like Mack. Hence, the that he went over the wall, as there was no mind, I see no point in further delaying the reason to try and figure out a number of wall at that time. analysis that Paul requested. things about him before scheduling him up, The question is whether GE-Heller acquisi- GARY not least of which is whether he knew about tion was disclosed to Mack during the woo- the deal. ing period with CSFB. This will not be easy From: Hanson, Robert Less importantly, perhaps I was wrong but for two reasons. First, 90 percent was han- Sent: Tuesday, August 23, 2005 I thought the word assessment came from dled by Credit Suisse in Geneva which, as a To: Jama, Liban A.; Aguirre, Gary J. your e-mail. If not, my bad. As for urgency, Credit Suisse, is beyond the reach of our sub- Subject: FW: Mack testimony I just wanted to understand when Paul asked poena I have been working through CSFB to Please take a look at this—if possible be- for the information, since I heard it from try to get them to produce CS’s documents, fore we meet with Mark.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1387 From: Aguirre, Gary J. Further, we are operating in the dark re- his Pequot funds in 2001 exceeded $400 mil- Sent: Thursday, August 04, 2005 garding who Mack spoke with and when he lion. He holds an engineering degree from To: Hanson, Robert spoke with them about stepping in as CSFB’s MIT, a Masters of Science from Stanford and Subject: Mack testimony CEO. CSFB’s counsel tells me he spoke with an MBA from Columbia. He started with $3.5 Bob: You have asked that I do a memo why CSFB’s CFO and the Credit Suisse chairman million and built the largest hedge fund in I believe the Mack testimony should be of the board. Were these the only people? the world as of 2001, when the GE–HF trading taken as the next logical step in the Pequot Mack’s testimony could point us towards the took place. He has generally been very care- investigation. I believe there are three rea- key people at CSFB. Conversely, he might ful about his comments in his e-mails. He sons. First, a profile of the tipper was devel- tell use that he was seeing some of the peo- used AOL instant messaging, which leaves oped in this case that has multiple elements. ple on the acquisition team as Morgan Stan- no trace in any computer, to communicate The possibility that Mack acted as the tipper ley at this time. That would take the inves- with key people. In short, he’s a smart guy satisfies almost very element and is incon- tigation in a completely different direction. who took few changes. It does not fit the sistent with none. Second, whether or not pattern for him to be taking big chances Mack is the tipper, his testimony will ad- Mack had the motive to tip Samberg where he got his tip. It makes sense that he vance the investigation. If he is the tipper, Mack had multiple reasons for tipping got it from someone he trusted and who also his testimony will likely suggest some ave- Samberg about the GE tender offer for Hell- trusted him. That was Mack. Mack’s e-mails nues to be pursued and other to be dropped. er. It will pin him down to a story which we can (a) Mack got into Closed Pequot funds and to and from Samberg have a different ring begin to disprove. If he is not the tipper, his special deals that Mack thought would have about them. In one e-mail, Samberg’s sec- testimony is the likely first step to elimi- big returns to him during and after 2001.— retary tells Samberg Mack had called and nating him from consideration. This would Mack was getting into private deals that that, ‘‘he loves you.’’ In sum, there was a allow our limited resources to be focused on Pequot was putting together for its own deep trust and friendship between them. It is starting a new screening process to find an- principals, including projects with the fol- exactly the kind of relationship that other possible tipper. lowing code names: $5 million into ‘‘Fresh- Samberg would feel comfortable calling on for a tip as big as HF and GE. MACK MEETS EACH ELEMENT OF THE PROFILE. start’’ (Lucent spin-off bought cheap), $2 mil- Samberg’s need for a big favor from an old The timing of the trading with Mack’s access to lion info Baby C, and an unknown amount friend possible information into Distressed Guys, which later became Pequot Special Opportunities Fund. The In July 2001, Samberg’s company was split- The first element is whether Mack had pos- most interesting situation involved Fresh ting a part. Benton was a younger and a ris- sible access to information that GE would Start. Mack was pressing to get into this for ing star. Benton’s performance was dwarfing make a tender offer for HF. He had access sometime. On June 20, a Samberg e-mail said Samberg’s, Samberg was recovering from from two sources: he had been the CEO of that he was with Mack and that Mack was heart surgery. Benton was leaving with at Morgan Stanley, who advised GE, until late ‘‘busting his chops’’ Samberg’s chops because least half the company. Samberg was look- March. He also took over as CSFB’s CEO on he had not got the documents on this invest- July 12, 2001. Samberg’s trading pattern, ing at even bigger staff losses to Benton. He ment. Neither the Pequot principals nor which I can discuss in more detail if you testified that he was concerned at this time want, suggests that he obtained information Samberg’s son seemed happy about Mack more of his executive committee ‘‘might just before Monday, July 2, around July 9, getting into this Fresh Start. During the call walk.’’ A big hit on GE–HF would illustrate and around July 25. Mack coincidentally met on June 29, when the suspected tip occurred, that his fast ball had not slowed. Regarding with CSFB’s CFO on June 28 or June 29, Samberg arranged for Mack to get into GE–HF, Mack was just the guy to do his old again a few days before he began work on Fresh Start. Mack also was getting into friend a big favor, one that would also ben- July 12, and was CEO at the third key time. Pequot funds when they appear to be closed. efit him. Hence, Mack had relevant contacts with At that time, Samberg’s funds were doubling Regarding Samberg’s situation during this CSFB at each time. Also, CSFB was ‘‘woo- in value in less than 3 years and the Pequot time frame, he testified at the first session: The company was about to split, it was ing’’ Mack away from Merrill Lynch and Scout fund was doing even better. In general, about to split. In September ’00, I had an other investment banking firms during the the funds had a $5 million lower limit. E- aortic medical situation and was near death. period from April through July 2001. It would mails show Mack putting at least $13 million I was on heavy medication, and I was trying be consistent with this effort for someone at into these funds. One of the spread sheets I to reestablish the franchise value of Pequot CSFB or CS to mention, as part of this woo- provided to Mark on June 28 shows Mack in- and the core funds. I was actively looking for ing process, what inventory Mack would be vested in 15 different Pequot funds (but it taking over. Incidentally, we know how does not show when). As a rough estimate, help, and I did things in a manner that was Samberg saw Mack’s new role as CEO of based on performance over 1999 and 2000, expedient at the time given my expertise in CSFB. He and his son discussed the fact that Mack could reasonable expect that his new this area. In a similar vein, he testified at the second CSFB was the second largest investment investments in Pequot during 2001 alone session: banker at that time and ‘‘it was good to have would have returned something in the range of $5 million per year to Mack. My firm was going to split in three friends in high places.’’ Of course, there is months. These people were my other man- also the possibility that Mack, through his (b) Board seats—As shown on one of the aging director partners. Times were fragile. I contacts at Morgan Stanley, knew about the spreadsheets, Samberg was promoting Mack needed their approval to do whatever I want- pending GE tender offer. for board seats on both Baby C and Fresh- ed to do or they might walk (emphasis added). Questioning Mack about this transaction start. could take us in several directions, each of (c) Office Space—Mack was using Pequot THERE DO NOT APPEAR TO BE OTHER LEADS IN which suggests a different focus for the in- office space intermittently during the period THE SAMBERG E-MAILS vestigation. First, Mack could deny that he from March 2001 through July, 2001, when he The evidence does not merely point to ever knew that GE would make the offer began work for CSFB. Mack. It points to no one else. I have been until the public announcement. The inves- (d) Stop tips—Samberg was giving Mack through the Samberg e-mails, his calendar, tigation would then focus on whether this stock tips on public companies that Mack di- his credit card receipts and his phone slips: was true. Second, Mack might say he learned rectly invested in. ‘‘That’s where were put- Hilton, Eric, Nancy, have been through the on June 28 or June 29. The focus would then ting our money.’’ e-mails. No one has shown up as a possible be placed on his contacts with Samberg at (e) Friendship—Mack and Samberg were candidate. Further, Fried Frank has stated that time and whether he learned that GE close friends. Two months ago, Mack took that Samberg made the decisions alone. No had bumped its offer around July 9. Finally, over as CEO as Pequot. That Samberg would one was listed with him on the Fried Frank he might give convincing testimony that he choose Mack in the middle of an investiga- lists of those participating in investment de- learned after July 12 for the first time and tion that could land Mack in jail tells much cisions. If we don’t take a look at Mack, we cause us to reevaluate whether his should about the level of trust Samberg had in start all over again looking for someone that even be considered. Mack. I discussed how the friendship played fits the profile. Then the question would re- Also, Samberg’s trading suggests that he as a motive in my June 27 memo. main: If we find him or her, will there be a did not get the tip until shortly before he (f) Mack’s crossing the line for Pequot. similar reason for not proceeding with the started trading. He would not be the largest While Mack was at CSFB, he was acting as examination? Very possibly yes, given purchaser of HF during July if he had the tip Pequot’s agent to introduce one of the com- Samberg’s circles. before. It also makes sense that his tipper, panies Pequot co-owned with Lucent, to an GARY. likely someone he trusted, got the tip just investment banker in China. Mack’s letter, before Samberg started trading. Had the tip- written on behalf of Pequot reads, ‘‘I have ATTACHMENT 4 per had it earlier, why would he have not not given this first to CSFB (where he was From: Hanson, Robert communicated it earlier? Further, GE made then CEO) or to Morgan Stanley because I From: Hanson, Robert its first offer in early June. It would make think your contacts in China are the best.’’ Sent: Thursday, August 04, 2005 10:16 AM sense for Samberg to start buying then if he Samberg had a relationship of trust deep friend- To: Aguirre, Gary J. knew about the trade. The Mack-CSFB meet- ship with Mack Subject: RE: Ferdinand Pecora ing on June 28 or June 29 and the Samberg We do not have a complete picture of GARY: We seem to be miscommunciating huge trading the next week fits. Mack’s financial assets, but his holdings in and I’m not sure why. We both have the same

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1388 CONGRESSIONAL RECORD — SENATE January 31, 2007 objectives. I learned through the grapevine, been dismissed after I accepted employment. From: Hanson, Robert rather than directly, that you were not leav- I also told you some of the reasons I believed Sent: Thursday, August 04, 2005 7:38 AM . ing but staying and wanted to know what this, i.e., what I had been told by reliable To: Aguirre, Gary J. your plans are. I still am not sure because we sources how my complaint was viewed by Subject: RE: Ferdinand Pecora covered different issues last night and never higher levels within the Division, e.g., in- GARY: The constant back and forth on got to the heart of the question. I inquired cluding a statement that ‘‘I would get moun- these issues consumes a lot of time. I sug- gested that you write a concise memo on the because I need to figure out how to staff the tains . . . hills out of my way if I dismissed issue of taking Mack’s testimony more than case and the like. Your status is obviously the case.’’ I told you I had decided to handle a month ago. That way people can see your very important to figuring out what to do this problem in a different way than resign- and how to staff the case. proposal, meet on it and comment on it It’s ing and have in fact done so. I think we should prepare a memo dis- a natural thing that Paul and perhaps Linda cussing why it is appropriate to take Mack’s Second, I told you that the decision not to would want to know about. At this point, I’m testimony at this point. I said I would do it take Mack’s testimony because of his power- still waiting for the memo (as is Paul I be- at one point and I thought you said you ful political connections was the event that lieve), though I understand from talking would do it shortly thereafter. We’ve dis- triggered my decision, when added to the with you last night that you have given cussed this several times thereafter and Paul first problem above. We then discussed at Mark and Paul some materials that I haven’t seen. People here are smart, hard working mentioned recently that he was still looking some length what standard had to be met to and want to do the right thing. I’m making for a memo. We may have different recollec- take Mack’s testimony. You told me that suggestions to you that you either ignore or tions, but at bottom I still believe one Mack was ‘‘an industry captain,’’ that he had don’t like and grumble about (the should be prepared. I’m happy to do the powerful contacts, that Mary Jo White, Gary mircomanagement comment last night)—but memo, though it will have to wait now until Lynch, and others would be representing my experiences here shows that they work. I after my vacation. . him, that Mary Jo White could contact a hope you give that some consideration. I believe that Mark feels it is premature to number of powerful individuals, any of whom GARY J. AGUIRRE, take Mack’s testimony. I don’t disagree. I could call Linda about the examination. I Senior Counsel, Division of Enforcement thought and think it makes sense to write a told you I did not believe we should set a Securities and Exchange Commission memo to make sure everyone has a chance to higher standard for a political captain than understand the facts we have and whether it anyone else. From: Hanson, Robert makes sense to take the testimony at this Turning to the statement that you had re- Sent: Thursday, August 04, 2005 7:38 AM juncture. Paul had wanted to talk about tak- To: Aguirre, Gary J. quested a memo a month ago, I do not recall ing the testimony at one point. I think the Subject: RE: Ferdinand Pecora any such request. I will be specific about memo should precede such discussion. As a GARY: The constant back and forth on general matter I try to alert folks above me what I do recall. Late in the week of June 20, these issues consumes a lot of time. I sug- about signficant developments in investiga- you told me you were going to prepare memo gested that you write a concise memo on the tions that may trigger calls and the like so to Paul Berger regarding Pequot. That fol- issue of taking Mack’s testimony more than that they are not caught flat footed. I also lowed a series of e-mails between us that a month ago. That way people can see your think that Paul and possibly Linda would same week. You also mentioned, as you did proposal, meet on it and comment on it. It’s want to know if and when we are planning to last night, that Mack’s testimony would be a natural thing that Paul and perhaps Linda take Mack’s testimony so that they can an- difficult because Mack had powerful political would want to know about. At this point, I’m ticipate the response, which may include connections. For that reason, the political still waiting for the memo (as is Paul I be- press calls, that will likely follow. Mack’s hurdle, I spent a big chunk of my weekend lieve, though I understand from talking with counsel will have ‘‘juice’’ as I described last preparing two lengthy memos that described you last night that you have given Mark and night—meaning that they may reach out to in detail the facts relating to Samberg’s Paul some materials that I haven’t seen. Paul and Linda (and possibly others). Hope trading in HF and GE, which suggested ele- People here are smart, hard working and this clarifies things somewhat. ments of the tipper’s profile, and a second want to do the right thing. I’m making sug- Thanks, memo describing all possible avenues for es- gestions to you that you either ignore or BOB. tablishing the identity of the tipper, pro- don’t like and grumble about (the PS: I do not believe in micromangement or posing that Mack was the most likely can- mircomanagement comment last night)—but my experiences here shows that they work. I feel it is necessary. didate, and suggesting that we focus on him hope you give that some consideration. to eliminate him or establish it was in fact From: Aguirre, Gary J. him. Those e-mails were prepared for you From: Aguirre, Gary J. Sent: Thursday, August 04, 2005 9:48 AM and Mark and assumed some knowledge of To: Hanson, Robert Sent: Thursday, August 04, 2005 7:25 AM the investigation. I also thought they might Subject: RE: Ferdinand Pecora To: Hanson, Robert assist you in preparing your memo to Paul. BOB: I do not believe you have accurately Subject: Ferdinand Pecora I had no expectation they would be sent to characterized our discussion last night nor BOB: I mentioned last night that Ferdinand Paul. I also had copies sent to Mark and, at do I have any recollection of you request for Pecora was chief counsel for the Senate an e-mail a month ago. his request, two spreadsheets summarizing e- Committee that drafted the 1933 and 1934 I came to your office last night to discuss mails relating to Mack’s motivations and Acts, including the key operative language Pequot because, as I told you, I realized we list of the funds he had invested in. I do not of Section 10(b). Those hearings eventually would not be seeing each other for the next recall a request by you or anyone else for were named after him, the Pecora Hearings. month. Before we got into that discussion, any other memo. I had hoped that these two Pecora warned in his opening words in Wall you told me that you had heard I was stay- memos, with citations and quotes to the evi- Street under Oath: ‘‘Under the surface of the governmental ing with the Commission and asked that I dence, would at least prompt a discussion. regulation of the securities market, the tell you about my plans. You and Mark discussed the memos and then same forces that produced the riotous specu- I then told you that the ’’micromanage- Mark called me with a question that dem- lative excesses of the ‘wild bull market’ of onstrated that my memos had either been re- ment’’ of my work had nothing to do with 1929 still give evidences of their existence jected or bypassed. In mid-July, I spoke with the reason I was leaving the Commission. I and influence. Though repressed for the did not ‘‘grumble’’ about micromanagement. Paul about my continuing concern about present, it cannot be doubted that, given a To the contrary, I told you that I was aware Pequot. Mark asked that I provide him with suitable opportunity, they would spring back when I accepted the staff attorney position a. memo of the factors that might have mo- into pernicious activity. Frequently we are that micromanagement came with the job tivated Mack to tip Samberg on HF. Since told that this regulation has been throttling and that I had fully accepted this as part of this subject was addressed in the two memos the country’s prosperity. Bitterly hostile the way things are done here, and I under- and two spreadsheets that I delivered to was Wall Street to the enactment of the reg- stand why you and others believe that is nec- Mark on June 27 and June 28, he obviously ulatory legislation. It now looks forward to essary. wanted something more. I had just begun to the day when it shall, as it hopes, reassume I then told you there were two reasons that take ‘‘Official Time’’ and thought this re- the reigns of its former power . . .’’ have collectively triggered my decision to quest was not urgent. About a week later, on When the SEC declines to question ‘‘indus- leave. I told you that Mark was not listening July 25, I received an e-mail from Mark that try captains,’’ when an investigation sug- to the rationales for the steps I had proposed responded to my e-mail of June 28, four gests it is the next logical step, we are grant- in the Pequot investigation, that this rep- weeks earlier. It raised new questions about ing them a pass to play the trading game by resented a major shift that occurred over- Mack. I responded in detail to Mark’s e- their own rules. We do the same when we set night in our relationship, that we had an ex- mails issue by issue last Friday. artificially high barriers to question them cellent relationship before, that I believe that do not exist for others, e.g., don’t ques- other people at the Commission were in- I don’t know of any request from you or tion them about going over the wall until we volved in Mark’s sudden shift, and that the Mark for any memos relating to Pequot over proved they have already made the trip. shift was ultimately traceable to the fact the past six weeks. I don’t think Pecora was suggesting that that I had filed an EEO claim that had not GARY. regulatory scrutiny be delayed until we have

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1389 another market collapse. I do not think he And then finally, of course, Gary Aguirre ficult insider trading case. Kreitman remem- would have delayed a heartbeat before tak- was fired when he was on vacation. I was bers telling Aguirre that he could have 5 ing John Mack’s testimony on the record in stunned. I was outraged. And the e-mail that weeks to see if the case was manageable this matter. Mack had multiple motives, you just referred to was soon after these given SEC resources. Kreitman said that Samberg’s trust, contact with Samberg at events. after five weeks it was unclear if it was man- the key moment, and two possible sources Chairman Specter. Mr. Hanson, do you re- ageable but he let Aguirre continue. for the tip. He should be asked the obvious call the comment that Mr. Ribelin has testi- Kreitman said that it was clear that there questions. fied to, that you called Mr. Mack a ‘‘promi- were problems with how it was being inves- GARY. nent person’’ and then suggested that there tigated by Aguirre, because he was resistant would have to be treatment of him a little to supervisors, especially his branch chief ATTACHMENT 5 different? Hanson, he sent out subpoenas without going of 2005 that Paul Berger, who had a reputa- Mr. Hanson. I certainly felt he was a through his branch chief which violated pro- tion for being an aggressive and smart attor- prominent person and I wanted to, as I have tocol and criminal statutes resulting in the ney, did not seem as though he was aggres- said to Mr. Aguirre and Mr. Ribelin, make subpoenas being recalled. Kreitman said that Aguirre did not con- sive in supporting the attempts of Mr. sure we had our ducks in a row before taking duct the investigation in the normal course; Aguirre to get subpoenaed documents on Mr. Mack’s testimony. And what I meant by he gathered ‘‘millions of e-mails’’ hoping to time and to get e-mail production so that we that was, let us figure out what we can about find the smoking gun. As to calling in John can conduct an investigation. That is one ex- whether he had the information before tak- Mack for testimony, Kreitman said that ing his testimony. ample of what I was referring to when I said there was insufficient evidence to call him in ‘‘something smells rotten.’’ and that Enforcement does not drag in ordi- That went through a very long period of ATTACHMENT 6 nary citizens on unfounded suspicion. Ac- time of the investigation where it was my Mark Kreitman: cording to Kreitman, Enforcement still does sense that there was not the support for the I spoke to Mark Kreitman by telephone on not have enough evidence after more inves- aggressiveness and the tenacity of the inves- October 24, 2005, regarding Gary Aguirre. tigation. Kreitman said that there is no tigator. Kreitman told me that the evaluation proc- doubt that Mack may be a tipper and that There are other examples I can give you. ess had 2 pieces to it. First, there was an ini- there is illegal insider trading in the case, Chairman Specter. Would you please do tial evaluation of Aguirre by Bob Hanson but that none of the five potential tippers that? that went to Berger around the end of June, Mr. Ribelin. I can do that. As I said, for a have been called in. Calling in persons to and then second Kreitman did a supple- give testimony is a serious matter, according very long period of time, we had a hard time mental evaluation because he felt that Han- to Kreitman, and is not done lightly. He also getting e-mail production, and I can tell you son had not addressed problems. Kreitman said that it is pointless to call in a witness that if you subpoena a document or subpoena said that he wrote the supplemental evalua- if there is no evidence because they will just e-mails and you don’t get them, you are not tion on August 1, 2005, before going to the deny tipping and there is no where to go going to be able to do the investigation. And Compensation Committee. Kreitman said from there. Kreitman said that his reputa- so we continued to push. tion at the agency is that he is the most ag- There was a period of time when a very sig- that he later learned, upon inquiry, that gressive trial attorney (when he was in that nificant, large portion of e-mails were put only Hanson’s evaluation went to the Com- position for many years) and Assistant Di- out of our ability to get a hold of and to ex- pensation Committee in error. Kreitman said rector, and that he has taken the testimony amine. Part of the reason given was because that he knows the date that he prepared the of many high profile persons. He said he is these e-mails may be privileged e-mails, supplemental because it is a Word document hardly afraid of taking anyone’s testimony. communications between attorney and cli- that shows August 1, 2005. I asked Kreitman Kreitman told me that him, Berger and Bob ent. to send me something that showed it was had many discussions about taking Mack’s We thought certainly there was a possi- created on August 1, 2005. Kreitman said that testimony. bility that some of those e-mails fell into he may have discussed the supplemental evaluation with Berger, but does not recall. Kreitman also said that it is a little out of that category, but there was a very large the ordinary for Mary Jo White to contact number of e-mails that we suspected fell out- Kreitman was sure he discussed it with Bob. Kreitman said that it was not unusual for Linda Thomsen directly, but that White is side of that category. And there was one very prestigious and it isn’t uncommon for point that an attorney was hired who had him to rate subordinates, and that he is di- rectly responsible for rating Branch Chiefs, someone prominent to have someone inter- custody of some of those e-mails—I can’t re- vene on their behalf. Kreitman recalls that member how many thousands they were. Mr. para-professionals and a couple of staff at- torneys (not including Aguirre). Kreitman Thomsen called him to say that she received Aguirre was not allowed by Mr. Kreitman to correspondence from White, and Kreitman speak to that attorney about trying to get does not know if Aguirre received a copy of the supplemental rating, but he said that went to get it. production of e-mails. To this day I don’t I asked Kreitman whether he had given Aguirre was already terminated when he know why that is. Aguirre a Perry Mason award for his good would normally meet with staff attorneys And I can tell you that Mr. Mack had been work. He laughed and said that it is a joke and their branch chief to give them their the CEO of Morgan Stanley. He was being he does in the office, where he gives someone written evaluation and tell them their step courted to become the CEO of CS First Bos- an 81⁄2 x 11 xerox of Raymond Burr’s face. He increase. ton. We did not have information that he had said that he did give one to Aguirre after he Kreitman told me that he knew Aguirre as material nonpublic information as it related went to meet with the SDNY USAO to see if to the GE/Heller merger. That is for sure. a student at Georgetown’s LLM program they were interested in the Pequot case. It was Gary’s theory—I agreed; I think where he taught and Aguirre was a student Kreitman said that he was worried about other people supported the idea—that it and had edited his law review article that Aguirre presenting the case to them because wasn’t unlikely, it was certainly possible was published. Kreitman also said that they he said that Aguirre tends to talk ‘‘in a non- that he could have gotten access to the in- were friends and him and his wife would visit linear fashion’’. Aguirre reported back that formation based on the fact he had been the Aguirre and his wife’s houses. Kreitman said the SDNY was very interested, so Kreitman former CEO of Morgan Stanley and he was that Berger made the decision to transfer was pleased and gave him the Perry Mason being courted at the time by CS First Boston Aguirre from another Asst. Director Grimes award. of the trades engaged in by Pequot. to Kreitman. Kreitman said that he fired Aguirre by After the word came down that the testi- When I asked Kreitman what the inquiry telephone because Aguirre was in California mony of John Mack was not going to be was regarding the supplemental evaluation on vacation and would not be back before his taken, I had a conversation within a week or he said that Berger checked to see if it went probationary period was over. He said that so of that with Bob Hanson, and Bob Hanson in Aguirre’s personnel file, and it turned out he had never had to fire anyone. Kreitman said to me that because Mr. Mack was a that it did not. Kreitman said that he got ad- said that Aguirre and him were friends as of prominent person or because he had connec- vice from Linda Borostovik in HR and Lindy the summer when Kreitman believed that tions—I don’t remember exactly how he put Hardy in GC. Kreitman said that there was Aguirre was unhappy at work but still came it—that we would have to be careful about some confusion and that he got conflicting to Kreitman’s house for a party he has every taking his testimony, we would have to, my advice. year for staff. Aguirre felt that his investiga- impression is, move maybe more carefully Kreitman said that he concurred with tion into Pequot was being thwarted, accord- than we would if it was somebody other than Aguirre getting two steps as a merit pro- ing to Kreitman. Aguirre told Kreitman that somebody of prominence. And I said, ‘‘Well, motion, even though he had problems with he wanted to report directly to him, but Bob, if that is the case or not, just call him Aguirre’s conduct. Kreitman said that there Kreitman told him that could not happen. up on the phone instead of bringing him in are few carrots in government work, and Kreitman said that the Pequot case was for testimony and ask a couple of basic ques- that he gives more leeway with conduct than staffed more heavily than any other case in tions.’’ with performance. Kreitman said that his group. Kreitman told me that there was And this is something, by the way, that Aguirre worked out well in the beginning of a consensus that Aguirre should be termi- Gary proposed, Gary Aguirre proposed a cou- coming to his group; Aguirre brought with nated by Thomsen, Berger, Hanson and him- ple of times. Mr. Hanson didn’t respond to him the Pequot case he developed which self and that he drafted the termination let- me. Kreitman described as a complicated, dif- ter to Aguirre. When I asked Kreitman why

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Is that true? f) August 17 subpoena: we need to work he would leave once the investigation was Mr. BERGER: I really don’t know what out; he will ID info flow; we make sure his over but would not do the write up of the was in Gary Aguirre’s head when he wrote doc review gets docs. case, and he was uncooperative with the this, so I can’t tell you what he was think- 9) Andor backup tapes issue: See my memo other 2 staff attorneys assigned to his case ing. One of the reasons this is not a particu- raising construction issue on Pequot-Andor by being disrespectful and refusing to bring larly good memo is I have no idea what he’s agreement (will send an e-mail on this them in to the heart of the case, he would talking about, operating in the dark. We today); not take supervision from Hanson, and were sending out subpoenas. We were getting 10) Other acquisition players have contacts Berger received many complaints from op- information. We were making inquiries to with Pequot before Samberg trades? You can posing counsel about Credit Suisse to get information concerning ask them to collect this info by request let- contacts or possible contacts between Mr. ter. However, I doubt any will admit w/o ATTACHMENT 7 Mack and others. So I don’t know what he’s docs. GE and JP Morgan say no docs. You have Wall letter. Need to check with Merrill Mr. BERGER: Well, in order to establish a referring to here. He obviously didn’t make on Hughes. case that you’re building against an indi- it clear enough for me to understand. vidual, that’s what you’d want to do. You’d Mr. KEMERER: Okay. Were you aware ATTACHMENT 9 want to set out here are the elements for the from reading any of these memos ever that violation, here are the facts that we have re- Mr. Mack was meeting with people in Zurich the termination were, in fact, the true rea- lating to that element. or, you know, outside of the country? sons for the termination? Was that the char- Mr. FOSTER: Well, that’s what you would acterization—a fair characterization? need to set out in order to justify taking an ATTACHMENT 8 Ms. ANDREWS: No. We don’t second-guess enforcement action against that person. But From: Eichner, Jim management decisions, so we wouldn’t have is that what you would need to establish in Sent: Wednesday, July 19, 2006 4:59 PM been looking at, well, gee, did he really not order to take investigative testimony? To: Hanson, Robert get along with others or was it that he didn’t Mr. BERGER: Well, I think you would have Subject: FW: Pequot pending matters. do this ‘‘i’’. We were looking only at the allegations to have some reasonable basis to take that I assume Walter has this—not premature that Mr. Aguirre raised in his September 2nd testimony, and then the reasonable basis is but prerequisite and October 11th letter, so the allegation the analysis under the elements of the viola- was he was terminated for, among other rea- tion and the facts that you have supporting From: Kreitman, Mark J. sons, the fact that he complained about not those elements. Sent: Wednesday, August 17, 2005 11:26 AM taking Mr. Mack’s—him not being able to Mr. KEMERER: How often did you require To: Aguirre, Gary J.; Jama, Liban A.; take Mr. Mack’s testimony when he wanted staff attorneys to write memos in order to Eichner, Jim to. justify taking evidentiary testimony? Cc: Hanson, Robert Ms. MIDDLETON: So you were looking Mr. BERGER: It was not infrequent. Subject: RE: Pequot pending matters. for—yes. He was saying, I was terminated Mr. KEMERER: Well, for instance, on the Where are we on determining the date for—— multiple occasions when Mr. Samberg’s tes- Mack was brought over the wall re GE-Heller Ms. ANDREWS: Complaining. deal—the necessary prerequisite to subpoena timony was taken, did Mr. Aguirre have to Ms. MIDDLETON:—unlawful reasons. to Mack? do a memo such as this? Ms. ANDREWS: He did say—— Mr. BERGER: I don’t remember. Mr. BRANSFORD: No, I don’t think that’s Mr. KEMERER: In the Mainstay case, did From: Aguirre, Gary J. what he said. Mr. Swanson have to do a memo in order to Sent: Wednesday, August 17, 2005 11:21 AM Ms. ANDREWS: Right. take testimony? To: Jama, Liban A.; Eichner, Jim Ms. MIDDLETON: Okay. Mr. BERGER: I don’t remember. I think he Cc: Kreitman, Mark J. Well, he did say—— did actually do a memo at one point. I just Subject: Pequot pending matters. Mr. BRANSFORD: It’s not a fair way to don’t remember what point that was. I summarize below a list of pending mat- characterized what he said. It’s not nec- Mr. KEMERER: So you don’t recall wheth- ters following up on our conversations over essarily er it was in order to get permission to issue the past couple of days, yesterday with a testimonial subpoena? Liban alone. These items in bold will be the Ms. ANDREWS: What I see as the function? Mr. BERGER: Well, we were talking about subject of phone calls this afternoon, if you Mr. FOSTER: Yes. I mean, you seem to be taking some testimony from individuals fair- would like to sit in. very narrowly construing Mr. Aguirre’s Sep- ly prominent, a Senator or a former Senator, Mark: since Bob is out, I am copying you tember 2nd letter and his October 2nd letter, and some other individuals, and we wanted on the list. I am leaving for vacation tomor- sort of very narrowly reading exactly what to see what we had. So I think that—I re- row, which I cleared with Bob. did he claim, and we’re not going to inves- member reading something in advance of the 1) Confirm exam date for Benton in NY for tigate anything else besides what he exactly testimony that would support—that sup- week of 9/5; get exam room and reporter; claimed. ported taking their testimony. 2) Confirm exam dates for Dartley for week Do you see it as the IG’s function to just Mr. FOSTER: You mentioned prominence of Sept. 19 in DC and Samberg for week of sort of very narrowly respond to a complaint just now. Sept. 26 for NY; get exam room and reporter; like that? Do you think that you have a Mr. BERGER: Uh-huh. 3) Pequot subpoena: Press Harnish for com- broader mandate to investigate and to seek Mr. FOSTER: Is it the case that you’re pliance with July subpoena (lets discuss); out where there may be evidence of fraud, more likely to require a memo such as this 4) Get status from Storch on each class of waste and abuse or misconduct, more gen- in a case where the proposed testimony is of back up tapes. erally speaking, regardless of whether a com- someone prominent? 5) Morgan Stanley: Get clarification from plaint comes to your office about it? Specifi- Mr. BERGER: No, I don’t think so. We’ve Ashley Wall on any soft spots in her letter re cally— done this, we’ve done memos in advance of MS subpoena compliance; you can tackle Ms. ANDREWS: Well, one, I don’t think people that no one would know. this if you want while I’m out or I’ll do when it’s for me to say what the role of the Inspec- Mr. FOSTER: Can you give us an example? I’m back. tor General’s office is. At this point now, Mr. BERGER: Not off the top of my head. 6) Status of FBI contact with Zilkha; we what I do is investigate allegations that Mr. FOSTER: Can you get back to us on want Samberg exam immediately after come in, so that’s what I was doing here. I that? Zilkha interview; we’re waiting agent’s call- was investigating the allegations, and that Mr. BERGER: I can think about it. I mean, back. Agent is David Markel, tel # 718–286– was what I was told to do. I was there for 14 years. I was probably in- 7385 Other unlawful reasons or—we don’t sec- volved in maybe a thousand investigations, 7) Telephone company subpoenas: Any use- ond-guess management decisions and we brought 400 or so investigations. I mean, ful phone records produced of Samberg calls don’t necessarily look at every unlawful al- that’s a lot of people. from mid-June through end of July? legation, every unlawful reason that he was Mr. FOSTER: Why did you mention promi- 8) CSFB: Get press on Patalino for the fol- terminated. That’s not something we nor- nence just now, though? lowing: mally look at. We don’t second-guess why Mr. BERGER: I don’t know why I men- a) July subpoena paragraph 1: Thornberg employees are terminated. tioned prominence. and Rady’s e-mails with Mack; Mack—CS (as Ms. MIDDLETON: But if a letter comes to Mr. KEMERER: Directing your attention parent) e-mails; you to investigate and it says the manage- to page 2 of Exhibit II, the third full para- b) July subpoena paragraph 2: Thornberg ment decisions were based on unlawful rea- graph begins with, ‘‘Further . . .’’ Do you see or Radis notes or memo re Mack; CS notes or sons, some of which I’m putting in my letter that line? memos re Mack and some of which I’m not going to—

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1391 Ms. ANDREWS: Well, one of which he was him, even not knowing his prowess as a Mr. WARNER. Madam President, I putting in the letter. farmer because of his prowess as a Sen- ask unanimous consent the order for Ms. MIDDLETON: One in the letter and ator. the quorum call be rescinded. others I’m not going to lay out right now to Senator GRASSLEY is very direct and you, Commissioner Cox. The PRESIDING OFFICER. Without Ms. ANDREWS: Right. Chairman Cox. very plain spoken. I know of his career objection, it is so ordered. The Senator Ms. MIDDLETON: Chairman Cox. when he became a member of the Iowa from Virginia is recognized. You’re saying it’s not your job to second- legislature, the lower house. I have guess the management decisions, so it seems only a recollection, Senator GRASSLEY f to me, if the letter is challenging the man- can correct me, that he earned $6 a day agement decision and says it’s for unlawful in the Iowa legislature at that time? reasons, you’re saying, well, I can’t second- Mr. GRASSLEY. It was $30 a day but IRAQ guess that. I can’t investigate that. I can’t no expenses. Mr. WARNER. Madam President, see if it’s true. Mr. SPECTER. It was $30 a day but Ms. ANDREWS: My marching orders were about a week ago, I think it was on the no expenses. As I recollect, Senator to investigate the allegations he had made in 23rd, my colleagues, the Senator from GRASSLEY told me it was an increase in both the September 2nd and October 11th let- Nebraska, Mr. BEN NELSON, and the ters. That’s it. pay from what he earned as a farmer. Senator from Maine, Ms. COLLINS, and Ms. MIDDLETON: Right. But— Mr. GRASSLEY. It was. Ms. ANDREWS: It’s not my decision nec- Mr. SPECTER. It was. Senator I, together with several cosponsors, put ECORD essarily of what else we would be inves- GRASSLEY corroborates that. But I into the R a resolution—I under- ECORD tigating. have seen Senator GRASSLEY take on line put into the R —so that all Ms. MIDDLETON: But his allegation was, I the giants in the Senate. They say peo- could have the benefit of studying it. was terminated for unlawful reasons. We three have continued to do a good Ms. ANDREWS: Right. We did not inves- ple in glass houses should not throw tigate to their allegations in the same way stones. Senator GRASSLEY has thrown a deal of work. We have been in consulta- that you went to them to get their reaction lot of stones in the 26 years he has been tion with our eight other cosponsors on to his, is that—— here and he doesn’t live in a glass this resolution, and we are going to put Ms. ANDREWS: Well, I didn’t get their re- house, but he has taken on the giants in tonight, into the RECORD—the same action to his. I’m calling them because in the Federal executive branch. He be- procedures we followed before—another they’ve been, you know, accused of wrong- lieves thoroughly in oversight, as I do. resolution which tracks very closely doing, so I have to call them and—— The work we are submitting today is the one that is of record. But it has Mr. FOSTER: And then when you did, they accused Mr. Aguirre of—— an example of that. several provisions we believe should be Ms. ANDREWS: He was—— I think it is a good analogy, between considered by the Senate in the course Mr. FOSTER: —if not wrongdoing, of—— CHUCK GRASSLEY and Harry Truman. I of the debate. How that debate will Ms. ANDREWS: Again, we’re not second- may search the CONGRESSIONAL RECORD occur and when it will occur. I cannot guessing management decisions on termi- to see how long ago it was that I said advise the Senate, but I do hope it is nating a probationary employee. Absolutely it, but it is time it is said again. expeditious. I understand there is a clo- not. That’s my understanding of our role in Mr. GRASSLEY. Thank you, I appre- ture motion that could well begin the the IG’s office. ciate that. debate, depending upon how it is acted Mr. FOSTER: Did you assume that Mr. Mr. SPECTER. May the record show Aguirre didn’t have documents or wouldn’t upon. have been able to have documents that Senator GRASSLEY said thank you, and We have also had a hearing of the might substantiate his allegations that you he appreciates it. Senate Armed Services Committee last I may make one addendum, and that might need to seek from him? Friday. We had a hearing of the Senate is that I say this notwithstanding the Ms. ANDREWS: I didn’t make any assump- Armed Services Committee again this tions about it. I have a lot of e-mails that he 26-years-plus ribbing I have taken from morning. Friday was in open session. sent to people and people sent back to him. Senator GRASSLEY for being a Philadel- The session this morning was in closed Mr. FOSTER: Right. Which were given to phia lawyer. you by the people—— Mr. GRASSLEY. I have always said: session. The three of us, as members of Ms. ANDREWS: Right. Thank God we only have to have one the Armed Services Committee, have Mr. FOSTER:—against whom he made the learned a good deal more about this allegations. Philadelphia lawyer in the Senate. Mr. SPECTER. The Senator said off- subject and, I say with great respect, Mr. SPECTER. In the absence of any camera: Thank God we only have one the plan as laid down by the President Senator on the floor seeking recogni- Philadelphia lawyer in the Senate. on the 10th of January. We believed we tion, I suggest the absence of a Mr. GRASSLEY. But I say that com- should make some additions to our res- quorum. plimentary. olution. The PRESIDING OFFICER. The Mr. SPECTER. But says it com- We have not had the opportunity, clerk will call the roll. plimentary. I don’t know. The tone of given the hour, to circulate this among The assistant legislative clerk pro- his voice was usually derisive. There all of our cosponsors so at this time it ceeded to call the roll. was one time the Senate had two will not bind them, but subsequently, Mr. SPECTER. Mr. President, I ask Philadelphia lawyers, Senator Hugh tomorrow, I hope to contact all of unanimous consent the order for the Scott and Senator Joe Clark, they were them, together with my two col- quorum call be rescinded. lawyers together. Senator Clark was leagues, and determine their concur- The PRESIDING OFFICER (Ms. elected to the Senate in 1956 for two rence to go on this one. I am optimistic CANTWELL). Without objection, it is so terms and Senator Scott in 1958 for they will all stay. ordered. three terms. So there was an overlap- Mr. SPECTER. Madam President, a But let me give the Senate several ping period of time where there were examples of what we think is impor- personal comment or two. On the Sen- two Philadelphia lawyers in the Sen- ate floor, some years ago, I compared tant in the course of the debate—that ate. these subjects be raised. We put it be- Senator GRASSLEY to Senator Harry But notwithstanding the questioning Truman, later President Harry Tru- fore the Senate now in the form of fil- tone, sometimes, of Senator GRASSLEY ing this resolution, such that all can man. I did so after observing Senator about a Philadelphia lawyer, I main- GRASSLEY’s work over a long period of see it and have the benefit, to the ex- tain my view of him at the highest tent it is reproduced and placed into time. Senator GRASSLEY prides himself level of comparison to President Tru- on being a farmer—on being a farmer the public domain. Because the three of man. us are still open for suggestions, and Senator. May the record show that Mr. GRASSLEY. Thank you. Senator GRASSLEY is nodding in the af- Mr. SPECTER. I suggest the absence we will continue to have receptivity to firmative. It may be—Senator GRASS- of a quorum. suggestions as this critical and very LEY would have to speak for himself— The PRESIDING OFFICER. The important subject is deliberated by the he prides himself more on his status as clerk will call the roll. Senate. a farmer than as a Senator. But if he The assistant legislative clerk pro- Our objective is to hope that some- were to do that, I would disagree with ceeded to call the roll. how through our efforts and the efforts

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1392 CONGRESSIONAL RECORD — SENATE January 31, 2007 of others, a truly bipartisan state- versations. So the plan embraces the At this time I would like to yield the ment—I don’t know in what form it goals of the Prime Minister of Iraq, the floor so that my colleagues can speak, may be made—a truly bipartisan state- goals of our President. and maybe I will have some concluding ment can evolve from the debate and But this is a unique situation where remarks. the procedure that will ensue in the the Iraqis have a complete chain of I yield the floor. coming days, and I presume into next command, from a senior officer in each Mr. LEVIN. Madam President, I won- week. We feel very strongly that we of the nine districts in Baghdad, and der if the Senator will yield for a unan- want to see our Armed Forces succeed the United States likewise will have a imous consent request. in Iraq to help bring about greater sta- chain of command in that same district The PRESIDING OFFICER. The Sen- bility to that country, greater security or such segments of this plan as the ator from Michigan is recognized. to that country, so that the current military finally put together—each Mr. WARNER. Madam President, I elected government, through a series of will have a chain of command, the really feel, if we could more fully—— free elections—the current elected gov- Iraqi forces and the United States Mr. LEVIN. It is just a unanimous ernment can take a firmer and firmer forces. consent request. hand on the reins of sovereignty. We In the course of the testimony that Mr. WARNER. Does it affect what we believe if for political reasons all Mem- we received, particularly testimony are trying to lay down in any way? bers of the Senate go over to vote with from the retired Vice Chief of the U.S. Mr. LEVIN. I was just going to ask their party, and the others go over to Army on Friday afternoon, he was con- unanimous consent that I be added as a vote with their party, we will have lost cerned, as a number of Senators are cosponsor of the resolution. and failed to provide the leadership I concerned—and our provision literally Mr. WARNER. That is fine. I didn’t believe this Chamber can provide to flags this, and flags it in such a way realize that was coming to pass. It is the American people so they can better that we call upon the Secretary of De- late in the day, and I suppose we could understand the new strategy, and that fense and the Chairman of the Joint anticipate a lot of things. But anyway the President can take into consider- Chiefs of Staff to look at that plan and I thank the Senator. ation our resolution hasn’t been to bring such clarification forward as The PRESIDING OFFICER. The Sen- changed. may be necessary, and to do it in a way ator from Michigan is recognized. We say to the President: We urge that will secure the safety of our Mr. LEVIN. As I understand, the res- that you take into consideration the forces, the protection of our forces, and olution has not yet been sent to the options that we put forth, the strategy yet go forward with this idea of a desk. that we sort of lay out, in the hopes greater sharing of the command re- Mr. WARNER. It momentarily will that it will be stronger and better un- sponsibility in the operations to take be. derstood by the people in this country. place in Baghdad. So we simply call on Mr. LEVIN. I ask unanimous consent Their support, together with a strong the administration to bring such clari- that I be added as a cosponsor to the level of bipartisan support in the Con- fication and specificity to the Congress resolution. gress for the President’s plan, hope- and the people of the United States to The PRESIDING OFFICER. Without fully as slightly modified, can be suc- ensure the protection of our force and objection, it is so ordered. cessful. We want success, Madam Presi- that this command structure will work Mr. LEVIN. I thank my friend from dent. We want success. because I believe it doesn’t have—I am Nebraska. So that is the reason we come this trying to find a precedent where we The PRESIDING OFFICER. The Sen- evening. I am going to speak to one or have operated like this. I have asked ator from Nebraska is recognized. two provisions, and my colleagues can the expert witnesses in hearings, and Mr. NELSON of Nebraska. Madam address others. thus far those witnesses have not been President, tonight I believe we have First, the unity of command. We able to explain the command structure seen the introduction of a resolution have a time-honored tradition with that we have conceived, the concept of which not only has had bipartisan sup- American forces that wherever pos- the plan of January 10, just how it will port in its prior form but will receive sible, there be a unity of command work. very strong bipartisan support in its from an American commander, what- Likewise, we put in a very important current form, as amended. ever rank that may be, down to the pri- paragraph which says that nothing in I rise to support this resolution for a vate, and that our forces can best oper- this resolution should be construed as number of reasons. I think it is impor- ate with that unity of command and indicating that there is going to be a tant that we continue to support our provide the best security possible to all cutoff of funds. Given the complexity troops in the field and those who sup- members of the Armed Forces that are of this situation, there has been a lot port the troops across the world. I engaged in carrying out such mission of press written on the subject of our think it is important that we thank as that command is entrusted to per- resolution. Colleagues have come up to them for their service and that we form. me and said: Well, can you assure me make it very clear that this resolution A number of Senators, in the course that this doesn’t provide a cutoff of does not impair their ability to move of the hearing on Friday and the hear- funds. forward in their command. ing this morning, raised questions Now, the cutoff of funds is the spe- It is also important to point out that about this serious issue of unity of cific power given under the Constitu- while some of the cosponsors haven’t command. I say serious issue because tion to the Congress of the United had the opportunity to review this, it the President, in his remarks, de- States. I personally think that power is being circulated to them so that scribed—and this is on January 10—de- should not be exercised, certainly not they do have the opportunity to review scribed how there will be an Iraqi com- given the facts and the circumstances it. And I am sure they will become co- mander, and that we will have embed- today where this plan—which I hope in sponsors with the new resolution. ded forces with the Iraqi troops. Well, some manner will succeed and we are It is important to point out that in we are currently embedding forces, but working better with the Prime Min- this resolution, benchmarks are in- I think the plan—and that is what I ister and his forces. So at this point in cluded that I believe will help break refer to, the President’s announcement time I think it is important that our the cycle of dependence in Iraq by em- on January 10 in the generic sense as resolution carry language as follows: powering and requiring the authority the plan—will require perhaps a larger The Congress should not take any action of the Iraqi Government and the re- number of embedded forces. But the that will endanger United States military sponsibility of the Iraqi Government to forces in the field, including the elimination plan envisions an Iraqi chain of com- or reduction of funds for troops in the field, take a greater role in the battle in mand. The Iraqis indicated, in working as such an action with respect to funding Iraq, particularly as it relates to Bagh- with the President, this plan in many would undermine their safety or harm their dad. We generally believe that it is in- respects tracks the exchange of effectiveness in pursuing their assigned mis- appropriate for our troops to intercede thoughts that the President and the sions. in the battle between the Sunnis and Prime Minister have had through a se- So I think that very clearly elimi- the Shias on a sectarian basis in bat- ries of meetings and telephonic con- nates any consideration there. tles that are of a similar nature that

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1393 certainly do involve sectarian violence. and detain or otherwise battle these in- elements of that group be the prin- There is a greater role for the Iraqi dividuals. cipals to take the lead, as they proudly Government and the Iraqi military. It clarifies the language regarding say, give them the lead, and go into the This resolution in its present form will the troop increase that the President sectarian violence. That would enable assure the assuming of that greater has proposed, and as the Senator from our commanders, our President, to role, that greater responsibility by the Virginia has explained to our col- send fewer than 20,500 into that area. Iraqi Government and certainly by the leagues, it calls for a clarification of On the other hand, we support the Iraqi Army. the command and control structure so President with respect to his options It is a pleasure for me to introduce that we don’t have a dual line of com- regarding the Anbar Province and the and thank our cosponsor, the Senator mand. We want to have a very clear additional forces. from Maine, Ms. COLLINS. chain of command, and we call for Am I not correct in that? The PRESIDING OFFICER. The Sen- that. That isn’t the case now, and if Ms. COLLINS. If the Senator will ator from Maine is recognized. you ask any military officer, he or she yield on that point. Ms. COLLINS. Madam President, will tell you that having a clear chain Mr. WARNER. Yes. first let me thank Senator WARNER and of command, a unity of command, is Ms. COLLINS. The resolution we Senator NELSON for their continuing absolutely essential. We have made drafted very carefully distinguishes be- hard work in refining the language of these four changes in our legislation, tween the sectarian violence engulfing this very important resolution, a reso- in the resolution. We hope our col- Baghdad, where the Senator and Sen- lution that I hope will garner wide- leagues will take a close look at it. I ator NELSON believe it would be a huge spread bipartisan support when it is look forward to debating it more fully mistake for additional American brought to the Senate floor and de- when we get on this issue next week. troops to be in the midst of that, bated next week. Again, I commend the distinguished versus a very different situation in Since we first introduced our resolu- Senators with whom I have been very Anbar Province. tion last week, we have had the benefit privileged to work on this: Senator In Anbar, the violence is not sec- of further consultations with experts. WARNER, the former chairman of the tarian; the battle is with al-Qaida and We have had the benefit of conversa- Committee on Armed Services, my col- with foreign fighters, the Sunni tions with our colleagues. We have had league, Senator NELSON, also a member insurgencies, so we have Sunni versus the benefit of alternative resolutions of the Committee on Armed Services. Sunni. It is not sectarian. And what is that have been proposed by other Sen- All three of us serve on that com- more, local tribal leaders have recently ators, and we have had the benefit, mittee. We have brought to bear our joined with the coalition forces to fight most of all, of additional hearings in experience and what we have learned in al-Qaida. It is a completely different the Senate Armed Services Committee, the last week as we continue to study situation in Anbar. I do support the ad- including a classified briefing today. this very important issue, perhaps the dition of more troops in Anbar. Indeed, All of this activity has confirmed my most vital issue facing our country. the one American commander whom I belief that our resolution as originally Mr. WARNER. Madam President, I met with in December who called for proposed was on precisely the right thank our distinguished colleague from more troops in Anbar was General Kil- track, but the benefit of these hear- Maine. mer. ings, briefings, conversations and con- It has been a hard work in progress, Mr. WARNER. You refer to the one sultations has led us to improve our but we reiterate, perhaps Members commander you met. I wonder if the resolution by making four modifica- want to offer their own resolutions. We Senator would reference your trip in tions that the distinguished Senators are open to suggestions. We are not December and what others told you have just explained. trying to grab votes, just make ours about the addition of United States Let me, for the benefit of our col- stronger. forces. I think that is important for leagues, run through them one more I bring to the attention of my col- the RECORD. time. league, this is not to be construed as Ms. COLLINS. Madam President, if First, the resolution now makes very saying, Mr. President, you cannot do the Senator will continue to yield. clear that nothing in it is to be con- anything; we suggest you look at open- Mr. WARNER. Yes. strued as advocating any lessening of ings by which we could, hopefully, have Ms. COLLINS. It was a very illu- financial support for our troops. In- substantially less United States in- minating trip with other Senators. It deed, it goes firmly on record as being volvement of troops in what we foresee has shaped my views on the issues be- opposed to cutting off funds that would as a bitter struggle of sectarian vio- fore the Senate. be needed by our troops in Iraq. The lence. One American commander in Bagh- language is very clear on that. The American GI, in my judgment, dad told me a jobs program would do Second, there has been a great deal of has sacrificed greatly, and their fami- more good than additional American discussion about the need for the Iraqis lies, in giving sovereignty to this Na- troops in quelling the sectarian vio- to meet certain benchmarks—bench- tion. Now we see it is in the grip of ex- lence. He told me many Iraqi men were marks that in the past they have not traordinary sectarian violence. Sunni joining the militias or planting road- met. So we include language in this upon Shia, Shia upon Sunni. I am not side bombs simply because they had resolution that makes very clear that trying to ascribe which is more guilty been unemployed for so long they were we expect the Iraqi Prime Minister to than the other, but why should they desperate for money and would do any- agree to certain benchmarks; for exam- proceed to try and destabilize the very thing to support their families. This ple, to agree to work for the passage government that gives all Iraqis a tre- was an American commander who told and achieve the passage of legislation mendous measure of freedom, free from me this. that would ensure an equitable dis- tyranny and from Saddam Hussein. Prime Minister Maliki, in mid-De- tribution of oil revenues. That is a very Why should the American GI, who does cember, made very clear he did not important issue in Iraq. not have a language proficiency, who welcome the presence of additional It also includes a benchmark that the does not have a full understanding of American troops and, indeed, that he Iraqis are going to produce the troops the culture giving rise to these enor- chafed at the restrictions on his con- they have promised, and that they are mous animosities and hatreds that pre- trol of the Iraqi troops. So I didn’t hear going to operate according to the mili- cipitate the killings and other ac- it from Iraqi leaders, either. tary rules of engagement without re- tions—why should not that be left to The only place where I heard a re- gard to the sectarian information or the Iraqi forces? quest for more troops was in Anbar the sect of the people involved in the We have trained upwards of 200,000. Province where the situation, as we fighting. In other words, it doesn’t We have reason to believe today there have discussed, is totally different than matter whether an insurgent is a Sunni are 60,000 to 70,000 who are tested—in the sectarian violence plaguing Bagh- or a Shiite; if he is violating the law, many respects they have been partici- dad. engaging in violence, the Iraqi troops pating in a number of military oper- Mr. WARNER. Madam President, I and our troops would be able to arrest ations, together with our forces. Let thank my colleague.

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My observations, together with the We stand open to consider other op- So I appreciate very much the bipar- observations of others—some in our tions that may come before the Senate. tisan work of the Senator from Vir- Government, some in the private sec- At this point in time, our resolution ginia, Mr. WARNER. He has worked with tor—induced the administration—I am is the same form as the resolution we other Senators—I don’t know who he not suggesting we were the triggering filed here a week or so ago. We are not has worked with, but some I am aware cause, but we may have contributed— changing any of the procedures by of because I have read about them: to go to an absolutely, as you say in which the Senate takes into consider- Senators COLLINS, HAGEL, BEN NELSON, the Navy, ‘‘general quarters’’ to study ation our points. Whether we will be SNOWE, BIDEN, COLEMAN, and I am sure every aspect of the strategy which then able to utilize this as a substitute there are others. was in place, and which now is clearly should other amendments be called Today Senator WARNER and others stated as late as yesterday by the ad- upon the floor, the rules are quite com- submitted a new version of his concur- miral who will be the CENTCOM com- plex on that matter, and I will not rent resolution regarding the increase mander, wasn’t working. bring all of that into the record at this of troop levels in Iraq. Senator LEVIN I commend the President for taking point. But there are certain impedi- has taken that language, and tonight the study and inviting a number of ments procedurally as to how this spe- we will introduce it as a bill. It will be consultants. That whole process was cific resolution could ever be actually introduced as a bill because that is the very thorough. used for the purposes of a substitute. only way we can arrive at a point The point the Senator is making, as I yield the floor and suggest the ab- where we can start a deliberate debate late as December—mine in October, sence of a quorum. on this most important issue. We will yours in December—we both gained the The PRESIDING OFFICER. The introduce this as a bill which will begin same impressions that no one was ask- clerk will call the roll. the rule XIV process in order to get it ing for additional United States troops The legislative clerk proceeded to to the calendar and allow the Senate to at that time. call the roll. move to Senator WARNER’s legislation. Ms. COLLINS. If the Senator will Mr. WARNER. I ask unanimous con- We would prefer to do it as a concur- yield on that point, since the Senator sent that the order for the quorum call rent resolution; however, that would was the chairman of the Committee on be rescinded. only be the case if it would be open to Armed Services, as well, I would also The PRESIDING OFFICER (Mrs. complete substitute amendments, for share with our colleagues that the Sen- MURRAY). Without objection, it is so obvious reasons. ator presided over a hearing in mid-No- ordered. In order to permit the Senate to con- vember at which General Abizaid, the Mr. WARNER. Madam President, in sider amendments which are appro- central command general, testified be- the colloquy I participated in with my priate, I now ask unanimous consent fore our committee that more Amer- distinguished colleagues, Senator BEN that the Senate proceed to the consid- ican troops were not needed. He re- NELSON of Kansas and Senator COLLINS eration of Senator WARNER’s concur- ported he had consulted widely with of Maine—and I take responsibility— rent resolution, S. Con. Res. 7, on Mon- generals on the ground in Iraq, includ- somehow we had a misunderstanding day, February 5, at 12 noon, and that ing General Casey, in reaching that about the status. We wish to send to the entire concurrent resolution be conclusion. the desk and ask that this be numbered open to amendments and that a cloture I say to our colleagues that I think a new S. Con. Res. and, therefore, have motion with respect to S. Con. Res. 2 the record is clear. If you look at the the same status as the current S. Con. be vitiated. findings of your trip from October, the Res. we had submitted a week ago. The PRESIDING OFFICER. Is there testimony before the Committee on The PRESIDING OFFICER. The reso- objection? Armed Services from General Abizaid lution will be received and referred. Mr. MCCONNELL. Reserving the in November, what I heard in mid-De- Mr. WARNER. I thank the Chair. I right to object, I would say to my cember, I have to say, respectfully, I do suggest the absence of a quorum. friend, the majority leader, about a not believe the President’s plan with The PRESIDING OFFICER. The week ago, the distinguished majority regard to Baghdad—not Anbar but clerk will call the roll. leader indicated that we were going to Baghdad—is consistent with what we The legislative clerk proceeded to follow the regular order, that the Biden were told. call the roll. resolution coming out of the Foreign Mr. WARNER. I thank my colleague. Mr. REID. Madam President, I ask Relations Committee would be the ve- We should add an important ref- unanimous consent that the order for hicle for our debate, and I gather, in erence to work done by the Baker- the quorum call be rescinded. listening to the distinguished majority Hamilton commission. They have made The PRESIDING OFFICER. Without leader—if I might ask, without losing similar findings. They mention a slight objection, it is so ordered. my right to the floor, what is the sta- surge, but in my study of that one sen- f tus of the Biden resolution that came tence in that report, I don’t think they out of the Foreign Relations Com- ever envisioned a surge of the mag- ORDER OF PROCEDURE mittee? nitude that is here. Mr. REID. Madam President, I have Mr. REID. A motion to invoke clo- They can best speak for themselves already apologized to staff and others ture was filed on that. After we com- and, indeed, yesterday there was testi- for having to wait around so long, but plete work on the minimum wage bill, mony taken from two senior members sometimes it takes a long time to get automatically we will vote on that. I of that commission, but I don’t know from here to there. say to my distinguished friend, cloture whether they were speaking for the en- I, first of all, want to acknowledge will not be invoked on that. What I tire commission, and whether, in their the hard work of so many different peo- would like is unanimous consent that remarks, they may wish to amend por- ple that allowed us to get where we are we not have to vote cloture, that we tions of their report. I wasn’t present today, which certainly isn’t the finish just vitiate that vote and move to the for that testimony. line, but it is a starting point. Warner resolution and do that Monday. I hope someone in the Foreign Rela- People have heard me on other occa- But, as I know, the distinguished Re- tions Committee can make that clear. sions, on other matters, talk about the publican leader has only seen what I Were they speaking for the entire com- Senator from Virginia, Mr. WARNER. In have given him, the last little bit, not mission? Did they wish to have their my 25 years in the Congress—and I say because I didn’t want to give it to him remarks amend their report which we this without any reservation—I have but I didn’t have it. I certainly want

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I mutually acceptable. which I think is one of the most impor- haven’t been involved in any of the ne- The PRESIDING OFFICER. Objec- tant that I have visited in my now 29th gotiations with the Senators whom I tion is heard. year in the Senate. have mentioned here. I think it would Mr. WARNER. Will the Senator yield So I thank both leaders, and I join be to the best interests of the Senate, to me for a minute? my distinguished leader at this time in majority and minority, to start Mon- Mr. REID. I will yield to the Senator the objection because I do hope we do day, as I have suggested, and allow from Virginia, just making one brief not have to resort to legislative need of Senators—I will say, at a subsequent statement. I hope we can still do that. a bill. time, when the distinguished Repub- We still would like to do that. I think The PRESIDING OFFICER (Mr. lican leader yields the floor, I am going this will be, as I said, a good place to SALAZAR). The majority leader is rec- to say that I want to work with the Re- start. I also want the record to reflect ognized. publican leader in setting up a process tonight that the mere fact that this is Mr. REID. Mr. President, if we can’t for making sure people have the ability in bill form is as a result of meeting get such consent, then we will have to to offer reasonable amendments to this the very stringent rules of the Senate have a cloture vote on the motion to S. Con. Res. 7. That is my feeling. That to get it to the floor so we can have a proceed to Senator LEVIN’s bill on is where we are with the Biden-Hagel- vote on this matter on Monday; that at Monday at 12 noon. As for consider- Snowe-Levin resolution that is before any time we would agree to take this ation of an amendment, as I stated in the Senate, or will be. not being bill language and would be our colloquy, and I state now to the The PRESIDING OFFICER. Is there strictly a concurrent resolution lan- Chair, we will work with the Repub- objection to the request of the major- guage. We can do that anytime. The lican leader on an orderly process. He ity leader? reasons for that are quite obvious. We is an experienced legislator, as we all Mr. MCCONNELL. Reclaiming the don’t want this—a concurrent resolu- are, working on this bill. The problem floor, reserving the right to object, so tion, the President doesn’t have to sign we have is a narrow window of time be- the Biden proposal which came out of it, whatever happens on it. We will be cause of the absolute requirement—ab- the Foreign Relations Committee—I happy to work on that, too. solute requirement to finish the con- hear the majority leader—is no longer I yield to the Senator from Virginia. tinuing appropriations resolution by in consideration. If I understand the Mr. WARNER. I thank both leaders. February 15 to avoid a total closure of process correctly, it, too, could have The PRESIDING OFFICER. The Sen- the Federal Government—a total clo- been called up and an effort could have ator from Virginia. sure of the Federal Government. There been made to turn it into a bill as well. Mr. WARNER. I join my leader in the would be more time to debate amend- If we were to stay in bill status, would objection because I do hope we can ments, and I know the distinguished it be the intent of the majority leader work it out, that we do not have to re- Republican leader is looking at this to fill up the tree? sort to a bill status. Everybody knows legislation tonight. Mr. REID. I will work with the Re- what the rules are and how that would We didn’t have to go through the clo- publican leader to take any suggestion then involve the President in a bill sta- ture process on the motion to proceed the Republican leader would have as to tus. This should be a matter handled to Senator WARNER’s legislation. We how we can begin a debate. I would say by the Senate and the other body, simply want the Senate’s will for the in response to the statement, the rea- should they so desire. American people. I know that is what son I didn’t put the Biden-Hagel matter I say to my distinguished leader, I the minority wants, that is what the in a rule XIV posture is that is not did mention this afternoon that I was majority wants, and we have to figure what we want to start debate on. There going to take these steps—basically out a process to do that. I am open to is a bipartisan group of Senators who the changes from the original one, suggestions, but all I know, as I have believe the more appropriate matter is which we filed a week ago. Senator told my two friends, there is no other the Warner amendment. I don’t know NELSON, Senator COLLINS, and myself way to get to the Warner resolution what happened in your caucus yester- are still there. There is no major sig- than how we have done it tonight. If day. In my caucus, there was near una- nificant changes. We added a provision during the night we can work out nimity for the Warner resolution. regarding the serious problem I and something to move forward to a debate The PRESIDING OFFICER. Is there other Senators see—and we learned of starting Monday, I think it would be to objection? it in the open session on Friday in the the betterment of the Senate and the Mr. MCCONNELL. Reserving the Armed Services Committee and again American people. right to object, Madam President, Sen- this morning in closed session—of the I repeat: It is done in bill form for ator WARNER has been working dili- need to clarify this question of how a the simple reason it is the only way to gently on this issue and cares deeply dual command can take place in each get it to the floor. I repeat now for the about it. We have had some discus- of the nine provinces of Baghdad be- second time in front of the American sions, but I had not seen Senator WAR- tween the Iraqi military and the U.S. people, at any time, either by unani- NER’s proposal until just tonight. I am military. And, General Keane, on Fri- mous consent or by a vote of the Demo- not complaining about that, but the day, said he is going to urge General cratic caucus, joining in with, I am text of it is new to me as well as to the Petraeus to try to work with that. I sure, many Republicans, we will strip Democratic leader. think that can be handled, but it has to that language so it doesn’t have to go It is still my hope that we could, as be clarified. to the President. We want this to be a we discussed over the last couple of The other thing is that some col- resolution. This is something that is weeks in anticipation of this debate, leagues thought maybe we were laying business within the family, the con- enter into a consent agreement under the foundation of this body of the con- gressional family. The President which we would have had several dif- stitutional right of curtailing funds. doesn’t have to be involved in this— ferent proposals in their entirety, real- That was never the intention, and that only indirectly. izing the difficulty of amending a con- is made quite clear. The rest of it are The PRESIDING OFFICER. The mi- current resolution—several different changes that I believe are not ones nority leader is recognized. proposals in their entirety that the that in any way affect basically the Mr. MCCONNELL. Mr. President, just Senate could consider. Maybe this is a thrust of the original resolution, which briefly, I got the Warner resolution better way to go, but it occurred to me was to try to put before the Senate as language about 7 o’clock. There are that was probably the best way to go an institution the viewpoints of a bi- others on our side of the aisle, includ- forward with this important debate. partisan group—now 11 in number and ing Senator MCCAIN, Senator GRAHAM,

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He is probably the Sen- a bill for the purpose of amendment said, It has always been my dream to ate expert on our side of the aisle in but then to remove that bill status so work on Capitol Hill, I would say, I these matters, and his views of which that there is no question as to whether want you to meet Ed Greelegs. He way the Senate should proceed carry a it is going to the President. That gives would patiently take the time to read lot of weight in the Senate. But I can- us a chance to work our will, as the the resume, talk to them, relate his not at this late hour agree to this pro- Senator from Virginia has said, using life experience on Capitol Hill, and posal tonight. the bill-like approach to amendment point them in a direction so they had a Having said that—and these will be and gives the majority and minority chance to realize their dream, as he my last thoughts, I believe, for the leaders a chance to work together to had. They come back to me, years evening—I do think there ought to be a find a reasonable number of reasonable later, after success on the Hill or at way to work this out. We have made amendments so that we can, in fact, some other branch of Government, and considerable progress on our side of the express our will on this critically im- ask, How is Ed? That is the most com- aisle in narrowing down the proposals portant issue. mon question I run into. that we might want to offer. And I still But I say to the minority leader from Ed grew up in nearby Wheaton, MD, think the preferred way to do it—and I Kentucky, there is no guile in this pro- and graduated from the University of think the majority leader believes this posal. It is an effort to find a reason- Maryland. He came to Capitol Hill as as well—is to have a number of dif- able way for both sides of the aisle to an intern in 1970. In the 20 years be- ferent concurrent resolutions in the address this historic debate. tween that first internship and becom- queue. The distinguished Senator from f ing my chief of staff, Ed worked for Virginia has made it clear that he is RETIREMENT OF ED GREELEGS Congressman Marty Russo of Illinois, very uncomfortable, as he just ex- Congressman Bob Eckhart of Texas on Mr. DURBIN. Mr. President, I come pressed himself a moment ago, with the House Commerce Committee’s Sub- to the Senate today to say something I taking the bill approach to this. The committee on Investigations and Over- hoped I would never have to say. I am majority leader has indicated that is sight, then for Congressman Sam here to say thank you and farewell to not his preference either. I think the Gejdenson of Connecticut, and finally my chief of staff for the past 17 years, message is: Let’s see if we can’t craft a back to Congressman Russo’s office for Ed Greelegs, as he retires from the unanimous consent agreement that is most of the 1980s. He worked briefly for Senate. fair to both sides so that we can have This is the first time he has ever the Consumer Federation of America this important debate on this exceed- been on the floor of the Senate while it and for Fannie Mae. But when he left ingly important issue next week. was in session. Ed is the kind of person the Hill to go into the private sector, Mr. WARNER. Mr. President, I join who does his work without a lot of fan- his heart was still here. He even told in that because I think the operative fare, without a lot of need for atten- me stories of jobs in the private sector phrase is to let the Senate work its tion, but he does it so very well. where he never unpacked the boxes. He will. Those are the first words I used in Some people are drawn to Congress just never felt comfortable. It was not connection with this resolution when I because of what they think are the where he wanted to be. He might have laid it down last week. It is essential. perks and power that come with the been making more money, but he This is one of the most important his- job. That is not what Ed Greelegs has wasn’t happy. He found his way back to toric debates, as the distinguished given so much of his life to. For Ed, Capitol Hill. leader—both leaders—have said. We being a good public servant has always It was the leadership he showed in should let this body work its will. been privilege enough. The desire to the office of Marty Russo that really The PRESIDING OFFICER. The as- help others, to try to translate our Na- brought Ed to my attention. In 1990, I sistant majority leader. tion’s most cherished values into law persuaded him to come work for me as Mr. DURBIN. Mr. President, first let and policies that meet the challenge of my chief of staff in the House of Rep- me commend the Senator from Vir- our times—that is what brought Ed resentatives. Six years later, I decided ginia for his leadership and the con- Greelegs to the U.S. Congress and why to run for the Senate seat that be- tribution he has made to this historic he stayed all these years. longed to my longtime friend and men- debate, both for the Senate and for our I will say without fear of contradic- tor, Paul Simon. Ed Greelegs was at Nation. Thank you because I think tion that Ed is one of the most well my side in that effort. what you have presented in good faith liked, even beloved figures on Capitol I wondered how he would adjust, is an effort to engage in a very impor- Hill. All you have to do is walk down a making that transition from the House tant and historic debate. I thank you hallway in the Capitol with Ed to the Senate, but it was seamless. He for that. The fact that you have drawn Greelegs and you will know what I knew just as many people on this side so much support from both sides of the mean. He knows everybody and every- of the Hill as he continues to know on aisle is a testament to the fine work body knows him. His easygoing nature the House side. you have done, and I am glad that you and real caring for people means that For the 10 years I have served in the are here this evening in an effort to he has made thousands of friends on Senate, Ed Greelegs has been an unfail- continue that work. Capitol Hill. From those who do the ing source of wisdom and thoughtful I would say to the minority leader, important work of maintaining and advice. His quiet, wry sense of humor the Senator from Kentucky, it is un- cleaning our offices to those at the has helped to lighten the mood when derstandable that having been given highest levels, Ed knows them all. things become too intense, and his de- this language and this information at We have a saying in our office, inci- cency, modesty, and great egalitarian this late hour that he wants a little dentally: Talk to Ed, he probably spirit have helped remind everybody on more time to reflect on it, and I hope knows somebody. Whenever a new issue our side of what is most important and in the morning that we can come to comes up, if you want to know who you why we are here. the agreement that we all want. But to can turn to and trust, Ed invariably There are a few things Ed loves more reiterate what the Senator from Ne- knows whom to call. The relations he than the Senate. Among them are his vada, the majority leader, has said, has made and nurtured on and off the wife Susan and his stepchildren An- what we are seeking to do is what the Hill have been a great help to me for 17 drew and Amanda; another, his books. minority leader has expressed, and that years. I can’t tell you the countless Ed has so many books you wouldn’t be- is to create the appropriate forum and people who have never met Ed but who lieve it. He has a room, I understand, the appropriate vehicle for the debate have benefitted nonetheless from the completely filled in his home. The fact on this issue. alliances he has forged, the common that Susan stays with him despite this We struggle because the procedures ground he helped plow, and the laws he obsession on books tells you what a in the Senate make it difficult to take helped pass. strong marriage they have. When I

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Orleans Saints in the NFC champion- thank my colleague for joining me this Another one of Ed’s loves is music. ship game. morning to deliver some delicious, pip- One of his favorite musicians is singer- Of course, the Bears won fair and ing hot, and very spicy red beans and songwriter John Hiatt. Ed even per- square 39 to 14, but that score really rice that he and I cooked through the suaded Susan to include a John Hiatt doesn’t reflect how the game was actu- night to deliver to our colleagues, Sen- song at their wedding, entitled ‘‘Have a ally played. It was much closer than ator OBAMA and Senator DURBIN. I Little Faith in Me.’’ that for a long time. The Bears’ defense would like to personally congratulate Over 17 years, I have come to have played exceptionally, hats-off to them, the Bears on their victory and say it more than a little faith in Ed strong pass rush that really put the was a hard-fought victory during a Greelegs—not just his knowledge but Saints’ quarterback, Drew Brees, in great game of icy and cold conditions, his character and his decency. What I some precarious situations. They also but our Saints stood up under the tre- know about him is that you never have played overall a really tough physical mendous pressure of their defensive to worry about his motives. You never game, defensively and offensively. Be- line. have to wonder if his advice is crafted cause of some of the bone-crunching As Senator VITTER said, the final to serve himself or a friend more than hits delivered by the Bears’ defenders, score doesn’t reflect the battle that it serves the common good. His goal the Saints had multiple turnovers, and was actually played that day on that has always been the same: He wants certainly that was part of the problem field. But we congratulate the Bears on the best for the people of Illinois and from the Saints’ perspective. But, real- their victory and look forward to the best for America. When things go ly, I think the Chicago Bears won the watching them in the Super Bowl this well, as they often do when Ed is in- game because of their incredible abil- Sunday. volved, he doesn’t really care who gets ity to manage field position. Each time But to the Saints, I have to say the credit. the Saints’ offense took the field, it ap- again, as I have said several times on They say that behind every success- peared as if they had their back to the this Senate floor, thank you for being ful man is a surprised mother-in-law. I wall, including when a safety was so reflective of and mirroring the spirit can tell you that behind every good scored against them. of the people from Louisiana, from New Senator is a talented chief of staff. For So congratulations to the Chicago Orleans, from the region, and from the last 17 years, it has been my good Bears. Again, Senator LANDRIEU and I south Louisiana who have struggled, fortune to have my friend Ed Greelegs are here to fulfill our commitment and and like you, have been fighting back in that critical position in my office. I pay our debt. By the way, we just to bring our cities and our commu- am grateful to him for all he has done served Senator BARACK OBAMA’s staff a nities, large and small, urban and for me, for Illinois, and for our Nation. lunch of great Louisiana food, and we rural, back from the brink, in many I wish him the very best as he begins are about to do the exact same thing cases, of utter destruction. The Saints the next chapter of his career. I am for Senator DURBIN and his staff. have shown us the way, having experi- sure it will be a successful chapter. But as we give the Bears their due, I enced themselves as players and family As you wander around Washington, know both Senator LANDRIEU and I also members the loss of their homes, the you come to understand that there are want to praise the Saints for an abso- loss of their places of worship, the loss some people whom everybody likes. Ed lutely unbelievable season with the of the schools where their children at- Greelegs is one of those people. biggest turnaround in NFL history, tended but, like so many hundreds of My favorite story, which I want to going from a 3 in 13 last year to the thousands of citizens, have literally add at this point, involves the first trip NFC championship game this year. marched their way back to victory. So to Afghanistan after the Taliban were Much more importantly than just that, we are very grateful for their inspira- deposed. I joined with Senator Daschle they serve as a wonderful example of tion and their encouragement, every and a number of other Senators. We renewal and rebuilding from which we member of the team. went in on the first daylight landing at all can learn and emulate in terms of But to the Bears, led by Rex Gross- Bagram Air Force Base in Kabul in Af- the rebuilding of the gulf coast. man, who proved himself to be a Super ghanistan. It was very tense. There A lot of folks say it is just football, Bowl quarterback, to, again, their ex- were armored personnel carriers in it is just sports, but particularly in the traordinary defense on the field, we every direction and troops with weap- context of everything folks in the congratulate them. ons to defend us as we came off the C– greater New Orleans area are going Senator VITTER and I love pizza. We 130. As I came down the ramp and got through post-Katrina, the Saints were looking forward to that Chicago into an armored personnel carrier, meant an awful lot to us this season, pizza, but we ended up, because of what there was a man in civilian clothes and their example of leadership and in- happened, having to deliver our local standing there. tegrity and great turnarounds and favorite, red beans and rice, to Senator He asked: Are you Senator Dick Dur- commitment is something we all took DURBIN and Senator OBAMA. But our bin? pride in and I think something we all congratulations to them and to the I said: Yes. learned from. That example is going to people of Chicago and to the citizens of He said: I am a friend of Ed Greelegs’. be repeated in many other different Illinois who, I know, will be pulling for I couldn’t believe it. Here I am in the walks of live as we spur on our recov- their team. middle of a war zone, and I ran into a ery on the gulf coast even further. I also want to say we will be looking friend of Ed Greelegs’. So with that, Mr. President, I again forward to seeing Peyton Manning on Whether it is war or peace, whether congratulate the Chicago Bears. I con- the field. He is a wonderful quarter- it is on the Hill or off, time and again, gratulate our two Senate colleagues back from a great family in New Orle- everybody knows that Ed Greelegs is from Illinois. I wish them all the best ans that has also helped us and in- genuine. He is the real thing. I have in this Sunday’s Super Bowl. But I also spired us a great deal. been honored to have him at my side note, maybe they are going to need f for 17 years. I wish him the very best in that good luck because they face an- HONORING GEORGE OMAS, CHAIR- his future pursuits. other New Orleans powerhouse, Peyton MAN, POSTAL RATE COMMISSION Thanks, Ed. Manning, in Miami. So good luck to f them. Mr. LOTT. Mr. President. I rise to I yield the floor to Senator mark the retirement from Federal NFC CHAMPIONSHIP GAME LANDRIEU. service, of a loyal friend and Mississip- Mr. VITTER. Mr. President, Senator The PRESIDING OFFICER. Speaking pian, and a fine public servant, George LANDRIEU and I come to the Senate in my capacity as a Senator from Min- Omas.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1398 CONGRESSIONAL RECORD — SENATE January 31, 2007 Word has reached me that George Congress generously appropriated to the President is incapable of developing will soon be leaving the Postal Rate Postal Service to protect the security of the and executing a national security Commission, where he has been serving mail was used for operations. strategy that will make our country as Chairman since November 2001. His George took the success of that effort safer. leadership at the helm of that agency, and encouraged the Postal Service to Unfortunately, Mr. President, be- which oversees the revenues and ex- look beyond the historical friction ex- cause of our disproportionate focus on penses of the U.S. Postal Service and isting at their two agencies and focus Iraq, we are not using enough of our recommends the appropriate postage on new ways to help the Postal Service military and intelligence capabilities rates, has done much to restore finan- continue to be successful. The Postal for defeating al-Qaida and other ter- cial confidence in the Postal Service. Service initiated a number of so-called rorist networks around the world, nor September 11 and the accompanying negotiated service agreements and the are we focusing sufficient attention on anthrax attacks rocked our U.S. Postal commission and interested parties challenges we face with countries such Service with unplanned for expenses to processed such agreements that as Iran, North Korea, Syria, or even such a degree that an increase in rates brought in new volumes of mail and ad- China. were badly needed to offset those ex- ditional revenues to the Postal Service While we have been distracted in penses without reducing services to the thus, extending the time needed be- Iraq, terrorist networks have developed American people. When the Postal tween rate increases. new capabilities and found new sources Service made their request to the com- George has been a very successful of support throughout the world. We mission on September 24, 2001, George chairman at the commission and I have seen terrorist attacks in India, made history by thinking truly ‘‘out- want to note his departure. I hope the Morocco, Turkey, Afghanistan, Indo- side the box’’ and proposed something legacy he leaves behind in the postal nesia, Spain, Great Britain, and else- never done before but was highly need- community and indeed, throughout where. The administration has failed to ed at the time: a ‘‘settlement agree- government, is one of innovative adequately address the terrorist safe ment’’ of a major rate case. No small thinking and the knowledge that work- haven that has existed for years in So- task as it required the Postal Service, ing together can solve seemingly insur- malia or the recent instability that has the Postal Rate Commission and al- mountable problems. threatened to destabilize the region. most 100 interested parties and rep- So now that I have told you about And resurgent Taliban forces are con- resentatives of the mailing industry to George and the good things he has tributing to growing levels of insta- agree to forgo lengthy litigation of the done, as a good Senator, I want to take bility in Afghanistan. pending case and meet and work out credit for his good work by saying that Meanwhile, the U.S. presence in Iraq differences together. I have known George since our days to- is being used as a recruiting tool for He was told it was ‘‘impossible’’ gether at The University of Mississippi terrorist organizations from around there was too much money at stake for and that he served on my staff at var- the world. We heard the testimony of parties to waive a good portion of their ious times in my career, including my Dr. Paul Pillar, former lead CIA ana- due process rights to achieve such an time on the former House Committee lyst for the Middle-East, a few weeks agreement. But, he felt strongly that on Post Office and Civil Service. When ago in front of the Foreign Relations September 11 was an extraordinary President Clinton nominated George as Committee. He said, and I quote: event and it called for extraordinary Postal Rate Commissioner in 1997, I The effects of the war in Iraq on inter- thinking on everyone’s part, so on the was very pleased to introduce him at national terrorism were aptly summarized in first day of the hearings in that case his confirmation hearings and give him the National Intelligence Estimate on inter- after he had read his opening state- my support. Needless to say, I was even national terrorism that was partially declas- ment, he added these remarks: more pleased when President Bush des- sified last fall. In the words of the esti- mators, the war in Iraq has become a ‘‘cause I have often heard it said that there could ignated George as chairman of the celebre’’ for jihadists, is ‘‘shaping a new gen- never be a settlement in an omnibus rate commission in 2001. eration of terrorist leaders and operatives,’’ case. There are too many conflicting inter- George comes from good folks; his is one of the major factors fueling the spread ests, and too much money is at stake. But it sister and her husband Bernadine and of the global jihadist movement, and is being seems to me that if there was ever a time exploited by Al-Qa’ida ‘‘to attract new re- when ‘business as usual’ was not an attrac- Ralph Marchitto, his niece Debra Lynn Wren, her husband John and George’s cruits and donors.’’ I concur with those judg- tive course of action, and when cooperative ments, as I believe would almost any other efforts to promptly resolve issues through grand niece Rebecca Elizabeth Wren still reside in the Biloxi area. Almost serious student of international terrorism. settlement might be the right course of ac- [January 10th, 2007] tion, that time is now. everyone who lived in Biloxi in the Retired senior military officers have To everyone’s surprise, even their 1950s to the 1980s knew his parents, also weighed in against the President’s own, the parties responded. In approxi- Violet and Pete Omas. handling of this war. Retired com- mately two and a half months the I will add that while George may be mander of Central Command, General many diverse interests that frequently leaving the Postal Rate Commission, I Hoar, testified in front of the Foreign bitterly contest multiple issues in don’t believe he will going far, he has Relations Committee last week. This is postal rate cases were able to nego- too much left to offer and I look for- what the general said: tiate, revise, and submit a stipulation ward to continuing to follow his future and agreement as a proposed settle- successes. Sadly, the new strategy, a deeply flawed solution to our current situation, reflects ment. Instead of the normal 10 months, f the continuing and chronic inability of the the entire case was initiated, nego- IRAQ administration to get it right. The coura- tiated and agreed to within 6 months. geous men and women of our Armed Forces In the 2002 Annual Report of the Mr. FEINGOLD. Mr. President, I have been superb. They have met all the Postal Service, the Postmaster General have listened intently over the past challenges of this difficult war. Unfortu- and the Chairman of the Board of Gov- few weeks as the President, members of nately, they have not been well served by the ernors explained the effect of those mo- his Cabinet, and Members of this civilian leadership. [January 18th, 2007] mentous remarks: Chamber have discussed Iraq, the war If we escalate our involvement in And, following a suggestion by the chair- on terror, and ways to strengthen our Iraq or continue the President’s course, man of the Postal Rate Commission, we ap- national security. that means keeping large numbers of proached our major stakeholders and took a For years, now, I have opposed this U.S. military personnel in Iraq indefi- bold step that enabled us to implement new administration’s policies in Iraq as a nitely. It means continuing to ask our postage rates in June, 2002, rather than in diversion from the fight against ter- brave servicemembers to somehow pro- the fall. This gained us an additional $1 bil- rorism. But I have never been so sure vide a military solution to a political lion in revenue. As a result, and despite the of the fact that this administration impacts of the recession and the terror at- problem, one that will require the will tacks, we were able to close the year with a misunderstands the nature of the of the Iraqi people to resolve. loss that was almost $700 million below origi- threats that face our country. I am Escalating our involvement in Iraq nal projections and half of last year’s. None also surer than ever—and it gives me also means that our military’s readi- of the $762 million the Administration and no pleasure to say this—that this ness levels will continue to deteriorate.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1399 It means that a disproportionate level gress got the power of the purse, and our troops in any way—they will con- of our military resources will continue the President got the power of the tinue receiving their equipment, train- to be focused on Iraq while terrorist sword. As James Madison wrote, ing, and salaries. It will simply prevent networks strengthen their efforts ‘‘Those who are to conduct a war can- the President from continuing to de- worldwide. The fight against the not in the nature of things, be proper ploy them to Iraq and will provide a Taliban and al-Qaida in Afghanistan, or safe judges, whether a war ought to hard deadline for bringing them home. too, will continue to suffer, as it has be commenced, continued or con- By passing this bill, we can finally since we invaded Iraq. If we escalate cluded.’’ focus on repairing our military and our involvement in Iraq, we won’t be The President has made the wrong countering the full range of threats able to finish the job in Afghanistan. judgment about Iraq time and again, that we face around the world. Finally, the safety of our country first by taking us into war on a fraudu- There is plenty of precedent for Con- would be uncertain, at best. Terrorist lent basis, then by keeping our brave gress exercising its constitutional au- organizations and insurgencies around troops in Iraq for nearly 4 years, and thority to stop U.S. involvement in the world will continue to use our pres- now by proceeding despite the opposi- armed conflict. Just yesterday, I ence in Iraq as a rallying cry and re- tion of the Congress and the American chaired a Judiciary Committee hearing cruiting slogan. Terrorist networks people to put 21,500 more American entitled ‘‘Exercising Congress’s Con- will continue to increase their sophis- troops into harm’s way. stitutional Power to End a War.’’ tication and reach as our military ca- If and when Congress acts on the will Without exception, every witness— pabilities are strained in Iraq. of the American people by ending our those called by the majority and the These are only some of the costs of involvement in the Iraq war, Congress minority—did not challenge the con- this ongoing war in Iraq. I have not ad- will be performing the role assigned it stitutionality of Congress’s authority dressed the most fundamental cost of by the Founding Fathers defining the to use the power of the purse to end a this war the loss of the lives of our Na- nature of our military commitments war. A number of the witnesses went tion’s finest men and women, and the and acting as a check on a President further and said that Congress has not grief and suffering that accompanies whose policies are weakening our Na- only the authority but the obligation their sacrifice by their families. We tion. to take specific actions that are in the have lost 3,075 men and women in uni- There is little doubt that decisive ac- interest of the nation. form, and that number continues to tion from the Congress is needed. De- I would like to read one quote by Mr. rise. spite the results of the election and 2 Lou Fisher of the Library of Congress. These losses, and the damaging con- months of study and supposed con- He said, and I quote: sequences to our national security, are sultation—during which experts and In debating whether to adopt statutory re- not justified, in my mind, because the Members of Congress from across the strictions on the Iraq War, Members of Con- gress want to be assured that legislative lim- war in Iraq was, and remains, a war of political spectrum argued for a new itations do not jeopardize the safety and se- choice. Some in this body, even those policy—the President has decided to es- curity of U.S. forces. Understandably, every who have questioned the initial ration- calate the war. When asked whether he Member wants to respect and honor the per- ale for the war, suggest that we have would persist in this policy despite formance of dedicated American soldiers. no choice but to remain in Iraq indefi- congressional opposition, he replied: However, the overarching issue for law- nitely. Some here in this Chamber sug- ‘‘Frankly, that’s not their responsi- makers is always this: Is a military oper- gest that there is no choice than to bility.’’ ation in the nation’s interest? If not, placing more U.S. soldiers in harm’s way is not a continue to give the President def- Last week Vice President CHENEY proper response. Members of the House and erence, even when the result is dam- was asked whether the nonbinding res- the Senate cannot avoid the question or aging to our national security. Some olution passed by the Foreign Rela- defer to the President. Lawmakers always argue it isn’t the role of Congress to tions Committee that will soon be con- decide the scope of military operations, ei- even debate bringing an end to this sidered by the full Senate would deter ther by accepting the commitment as it is or war. the President from escalating the war. by altering its direction and purpose. Deci- That argument is mistaken. Congress He replied: ‘‘It’s not going to stop us.’’ sion legitimately and constitutionally re- has a choice, and a responsibility, to In the United States of America, the sides in Congress. determine whether we continue to people are sovereign, not the President. There are significant historical allow this President to devote so much It is Congress’s responsibility to chal- precedents for this type of legislation of our resources to Iraq or whether we lenge an administration that persists that I have introduced today. listen to the American public and put in a war that is misguided and that the In late December 1970, Congress pro- an end to this war, begin repairing our country opposes. We cannot simply hibited the use of funds to finance the military, and devote our resources to wring our hands and complain about introduction of ground combat troops waging a global campaign against al- the administration’s policy. We cannot into Cambodia or to provide United Qaida and its allies. We cannot do both. just pass resolutions saying ‘‘your pol- States advisors to or for Cambodian The Constitution gives Congress the icy is mistaken.’’ And we can’t stand military forces in Cambodia. explicit power ‘‘[to] declare War,’’ ‘‘[t]o idly by and tell ourselves that it is the In late June 1973, Congress set a date raise and support Armies,’’ ‘‘[t]o pro- President’s job to fix the mess he to cut off funds for combat activities in vide and maintain a Navy,’’ and ‘‘[t]o made. It is our job to fix the mess, and South East Asia. The provision read, make Rules for the Government and if we don’t do so we are abdicating our and I quote: Regulation of the land and naval responsibilities. None of the funds herein appropriated Forces.’’ In addition, under article I, I have just introduced legislation, co- under this act may be expended to support directly or indirectly combat activities in or ‘‘No Money shall be drawn from the sponsored by Senator BOXER, which over Cambodia, Laos, North Vietnam, and Treasury, but in Consequence of Appro- will prohibit the use of funds to con- South Vietnam by United States forces, and priations made by Law.’’ These are di- tinue the deployment of U.S. forces in after August 15, 1973, no other funds here- rect quotes from the Constitution of Iraq 6 months after enactment. By pro- tofore appropriated under any other act may the United States. Yet to hear some in hibiting funds after a specific deadline, be expended for such purpose. the administration talk, it is as if Congress can force the President to More recently, President Clinton these provisions were written in invis- bring our forces out of Iraq and out of signed into law language that prohib- ible ink. They were not. These powers harm’s way. ited funding after March 31, 1994, for are a clear and direct statement from This legislation will allow the Presi- military operations in Somalia, with the Founders of our Republic that Con- dent adequate time to redeploy our certain limited exceptions. And in 1998, gress has authority to declare, to de- troops safely from Iraq, and it will Congress passed legislation including a fine, and ultimately, to end a war. make specific exceptions for a limited provision that prohibited funding for Our Founders wisely kept the power number of U.S. troops who must re- Bosnia after June 30, 1998, unless the to fund a war separate from the power main in Iraq to conduct targeted coun- President made certain assurances. to conduct a war. In their brilliant de- terterrorism and training missions and Many Members of this body are well sign of our system of government, Con- protect U.S. personnel. It will not hurt aware of this history. Unfortunately,

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1400 CONGRESSIONAL RECORD — SENATE January 31, 2007 many Members of the Congress are still As long as this President goes un- by a majority vote of the members and shall concerned that any effort to limit the checked by Congress, our troops will apply only when 72-hour written notice has President’s damaging policies in Iraq remain needlessly at risk, and our na- been provided in accordance with paragraph would have adverse consequences. tional security will be compromised. (f). Let me dispel a few myths that have Congress has the duty to stand up and II. QUORUMS been generated as a result of the dis- use its power to stop him. If Congress (a) Subject to the provisions of paragraph cussion about the use of the power of (b), eight members of the Committee shall doesn’t stop this war, it is not because constitute a quorum for the reporting or ap- the purse. it doesn’t have the power; It is because proving of any measure or matter or rec- Some have suggested that if Congress it doesn’t have the will. ommendation. Five members of the Com- uses the power of the purse, our brave f mittee shall constitute a quorum for pur- troops in the field will somehow suffer poses of transacting any other business. or be hung out to dry. This is com- COMMITTEE ON VETERANS’ (b) In order to transact any business at a pletely false. Congress has the power to AFFAIRS RULES OF PROCEDURE Committee meeting, at least one member of the minority shall be present. If, at any end funding for the President’s failed Mr. AKAKA. Mr. President, the Com- Iraq policy and force him to bring our meeting, business cannot be transacted be- mittee on Veterans’ Affairs has adopt- cause of the absence of such a member, the troops home. Nothing—nothing—will ed rules governing its procedures for matter shall lay over for a calendar day. If prevent the troops from receiving the the 110th Congress. Pursuant to rule the presence of a minority member is not body armor, ammunition, and other re- XXVI, paragraph 2, of the Standing then obtained, business may be transacted sources they need to keep them safe be- Rules of the Senate, on behalf of my- by the appropriate quorum. (c) One member shall constitute a quorum fore, during, and after their redeploy- self and Senator CRAIG, I ask unani- for the purpose of receiving testimony. ment. By forcing the President to safe- mous consent that a copy of the com- III. VOTING ly bring our forces out of Iraq, we will mittee rules be printed in the RECORD. (a) Votes may be cast by proxy. A proxy protect them, not harm them. There being no objection, the mate- Others have suggested that using the shall be written and may be conditioned by rial was ordered to be printed in the personal instructions. A proxy shall be valid power of the purse is micromanaging RECORD, as follows: the war. Not so. It makes no sense to only for the day given. COMMITTEE ON VETERANS’ AFFAIRS (b) There shall be a complete record kept argue that once Congress has author- of all Committee action. Such record shall RULES OF PROCEDURE 109TH CONGRESS ized a war it cannot take steps to limit contain the vote cast by each member of the or end that war. Setting a clear policy I. MEETINGS Committee on any question on which a roll is not micromanaging; it is exactly (a) Unless otherwise ordered, the Com- call vote is requested. what the Constitution contemplates, as mittee shall meet on the first Wednesday of IV. HEARINGS AND HEARING PROCEDURES we have heard today. Congress has had each month. The Chairman may, upon proper (a) Except as specifically otherwise pro- notice, call such additional meetings as to use its power many times before, vided, the rules governing meetings shall deemed necessary. govern hearings. often when the executive branch was (b) Except as provided in subparagraphs (b) ignoring the will of the American peo- (b) At least 1 week in advance of the date and (d) of paragraph 5 of rule XXVI of the of any hearing, the Committee shall under- ple. It has done so without microman- Standing Rules of the Senate, meetings of take, consistent with the provisions of para- aging and without endangering our sol- the Committee shall be open to the public. graph 4 of rule XXVI of the Standing Rules diers. The Committee shall prepare and keep a of the Senate, to make public announce- Some have argued that cutting off complete transcript or electronic recording ments of the date, place, time, and subject funding would send the wrong message adequate to fully record the proceedings of matter of such hearing. to the troops. Our new Defense Sec- each meeting whether or not such meeting (c) The Committee shall require each wit- or any part thereof is closed to the public. ness who is scheduled to testify at any hear- retary even made this argument last (c) The Chairman of the Committee, or the week with respect to the nonbinding ing to file 40 copies of such witness’ testi- Ranking Majority Member present in the ab- mony with the Committee not later than 48 resolution now under consideration. sence of the Chairman, or such other Mem- hours prior to the witness’ scheduled appear- These claims are offensive and self- ber as the Chairman may designate, shall ance unless the Chairman and Ranking Mi- serving. preside at all meetings. nority Member determine there is good cause Congress has the responsibility in (d) Except as provided in rule XXVI of the for failure to do so. our constitutional system to stand up Standing Rules of the Senate, no meeting of (d) The presiding member at any hearing is to the President when he is using our the Committee shall be scheduled except by authorized to limit the time allotted to each majority vote of the Committee or by au- military in a way that is contrary to witness appearing before the Committee. thorization of the Chairman of the Com- (e) The Chairman, with the concurrence of our national interest. If anything, mittee. the Ranking Minority Member of the Com- Congress’s failure to act when the (e) The Committee shall notify the office mittee, is authorized to subpoena the attend- American people have lost confidence designated by the Committee on Rules and ance of witnesses and the production of in the President’s policy would send a Administration of the time, place, and pur- memoranda, documents, records, and any more dangerous and demoralizing mes- pose of each meeting. In the event such other materials. If the Chairman or a Com- sage to our troops—that Congress is meeting is canceled, the Committee shall mittee staff member designated by the willing to allow the President to pur- immediately notify such designated office. Chairman has not received from the Ranking (f) Written or electronic notice of a Com- sue damaging policies that are a threat Minority Member or a Committee staff mem- mittee meeting, accompanied by an agenda ber designated by the Ranking Minority to our national security and that place enumerating the items of business to be con- Member notice of the Ranking Minority them at risk. sidered, shall be sent to all Committee mem- Member’s nonconcurrence in the subpoena Any effort to end funding for the war ber at least 72 hours (not counting Satur- within 48 hours (excluding Saturdays, Sun- must ensure that our troops are not days, Sundays, and Federal holidays) in ad- days, and Federal holidays) of being notified put in even more danger and that im- vance of each meeting. In the event that the of the Chairman’s intention to subpoena at- portant counterterrorism missions are giving of such 72-hour notice is prevented by tendance or production, the Chairman is au- still carried out. Every Member of this unforeseen requirements or Committee busi- thorized following the end of the 48–hour pe- body, without exception, wants to pro- ness, the Committee staff shall communicate riod involved to subpoena the same without notice by the quickest appropriate means to tect our troops, and our country. But the Ranking Minority Member’s concur- members or appropriate staff assistants of rence. Regardless of whether a subpoena has we can do that while at the same time Members and an agenda shall be furnished been concurred in by the Ranking Minority living up to our responsibility to stop prior to the meeting. Member, such subpoena may be authorized the President’s ill-advised, ill-con- (g) Subject to the second sentence of this by vote of the Members of the Committee. ceived, and poorly executed policies, paragraph, it shall not be in order for the When the Committee or Chairman authorizes which are taking a devastating toll on Committee to consider any amendment in a subpoena, the subpoena may be issued upon our military and on our national secu- the first degree proposed to any measure the signature of the Chairman or of any rity. It is up to Congress to do what is under consideration by the Committee un- other member of the Committee designated less a written or electronic copy of such by the Chairman. right for our troops and for our na- amendment has been delivered to each mem- (f) Except as specified in Committee Rule tional security, which has been badly ber of the Committee at least 24 hours before VII (requiring oaths, under certain cir- damaged by diverting so many re- the meeting at which the amendment is to cumstances, at hearings to confirm Presi- sources into Iraq. be proposed. This paragraph may be waived dential nominations), witnesses at hearings

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1401 will be required to give testimony under designated facility is located has indicated subcommittee, actually present, may order oath whenever the presiding member deems in writing such member’s support of the pro- such measure or matter reported. such to be advisable. posal to name such facility after such indi- (c) No measure or matter shall be ordered V. MEDIA COVERAGE vidual; and reported from the committee or a sub- committee unless a majority of the com- Any Committee meeting or hearing which (C) the pertinent State department or mittee or subcommittee is physically is open to the public may be covered by tele- chapter of each Congressionally chartered present. vision, radio, and print media. Photog- veterans’ organization having a national Rule 5.—With the approval of the chairman raphers, reporters, and crew members using membership of at least 500,000 has indicated of the committee or subcommittee, one mechanical recording, filming or broad- in writing its support of such proposal. member thereof may conduct public hearings casting devices shall position and use their IX. AMENDMENTS TO THE RULES other than taking sworn testimony. equipment so as not to interfere with the The rules of the Committee may be Rule 6.—Proxy voting shall be allowed on seating, vision, or hearing of the Committee changed, modified, amended, or suspended at all measures and matters before the com- members or staff or with the orderly conduct any time, provided, however, that no less mittee or a subcommittee if the absent of the meeting or hearing. The presiding than a majority of the entire membership so member has been informed of the matter on member of the meeting or hearing may for determine at a regular meeting with due no- which he is being recorded and has affirma- good cause terminate, in whole or in part, tice, or at a meeting specifically called for tively requested that he be so recorded. the use of such mechanical devices or take that purpose. The rules governing quorums While proxies may be voted on a motion to such other action as the circumstances and for reporting legislative matters shall gov- report a measure or matter from the com- the orderly conduct of the meeting or hear- ern rules changes, modification, amend- mittee, such a motion shall also require the ing may warrant. ments, or suspension. concurrence of a majority of the members VI. GENERAL f who are actually present at the time such All applicable requirements of the Stand- action is taken. ing Rules of the Senate shall govern the COMMITTEE ON HEALTH, EDU- The committee may poll any matters of Committee. CATION, LABOR, AND PENSIONS committee business as a matter of unani- VII. PRESIDENTIAL NOMINATIONS RULES OF PROCEDURE mous consent; provided that every member is polled and every poll consists of the fol- (a) Each Presidential nominee whose nomi- Mr. KENNEDY, Mr. President, pursu- lowing two questions: nation is subject to Senate confirmation and ant to the requirements of paragraph 2 (1) Do you agree or disagree to poll the pro- referred to this Committee shall submit a of Senate rule XXVI, I ask unanimous posal; and statement of his or her background and fi- (2) Do you favor or oppose the proposal. nancial interests, including the financial in- consent to have printed in the RECORD the rules of the Committee on Health, Rule 7.—There shall be prepared and kept a terests of his or her spouse and of children complete transcript or electronic recording living in the nominee’s household, on a form Education, Labor, and Pensions for the adequate to fully record the proceedings of approved by the Committee which shall be 110th Congress adopted by the com- each committee or subcommittee meeting or sworn to as to its completeness and accu- mittee on January 31, 2007. conference whether or not such meetings or racy. The Committee form shall be in two There being no objection, the mate- any part thereof is closed pursuant to the parts— rial was ordered to be printed in the specific provisions of subsections (b) and (d) (A) information concerning employment, RECORD, as follows: of rule 26.5 of the Standing Rules of the Sen- education, and background of the nominee ate, unless a majority of said members vote RULES OF PROCEDURE OF THE SENATE COM- which generally relates to the position to to forgo such a record. Such records shall MITTEE ON HEALTH, EDUCATION, LABOR, AND which the individual is nominated, and contain the vote cast by each member of the PENSIONS, JANUARY 31, 2007 which is to be made public; and committee or subcommittee on any question (B) information concerning the financial Rule 1.—Subject to the provisions of rule on which a ‘‘yea and nay’’ vote is demanded, and other background of the nominee, to be XXVI, paragraph 5, of the Standing Rules of and shall be available for inspection by any made public when the Committee determines the Senate, regular meetings of the com- committee member. The clerk of the com- that such information bears directly on the mittee shall be held on the second and fourth mittee, or the clerk’s designee, shall have nominee’s qualifications to hold the position Wednesday of each month, at 10:00 a.m., in the responsibility to make appropriate ar- to which the individual is nominated. room SD–430, Dirksen Senate Office Build- rangements to implement this rule. Committee action on a nomination, includ- ing. The chairman may, upon proper notice, Rule 8.—The committee and each sub- ing hearings or a meeting to consider a mo- call such additional meetings as he may committee shall undertake, consistent with tion to recommend confirmation, shall not deem necessary. the provisions of rule XXVI, paragraph 4, of be initiated until at least five days after the Rule 2.—The chairman of the committee or the Standing Rules of the Senate, to issue nominee submits the form required by this of a subcommittee, or if the chairman is not public announcement of any hearing it in- rule unless the Chairman, with the concur- present, the ranking majority member tends to hold at least one week prior to the rence of the Ranking Minority Member, present, shall preside at all meetings. The commencement of such hearing. waives this waiting period. chairman may designate the ranking minor- Rule 9.—The committee or a subcommittee (b) At any hearing to confine a Presi- ity member to preside at hearings of the shall require all witnesses heard before it to dential nomination, the testimony of the committee or subcommittee. file written statements of their proposed tes- nominee and, at the request of any Member, Rule 3.—Meetings of the committee or a timony at least 24 hours before a hearing, any other witness shall be under oath. subcommittee, including meetings to con- unless the chairman and the ranking minor- VIII. NAMING OF DEPARTMENT OF VETERANS duct hearings, shall be open to the public ex- ity member determine that there is good AFFAIRS FACILITIES cept as otherwise specifically provided in cause for failure to so file, and to limit their It is the policy of the Committee that no subsections (b) and (d) of rule 26.5 of the oral presentation to brief summaries of their Department of Veterans Affairs facility shall Standing Rules of the Senate. arguments. Testimony may be filed elec- be named after any individual unless— Rule 4.—(a) Subject to paragraph (b), one- tronically. The presiding officer at any hear- (A) such individual is deceased and was— third of the membership of the committee, ing is authorized to limit the time of each (1) a veteran who (i) was instrumental in actually present, shall constitute a quorum witness appearing before the committee or a the construction or the operation of the fa- for the purpose of transacting business. Any subcommittee. The committee or a sub- cility to be named, or quorum of the committee which is composed committee shall, as far as practicable, uti- (ii) was a recipient of the Medal of Honor of less than a majority of the members of the lize testimony previously taken on bills and or, as determined by the Chairman and committee shall include at least one member measures similar to those before it for con- Ranking Minority Member, otherwise per- of the majority and one member of the mi- sideration. formed military service of an extraordinarily nority. Rule 10.—Should a subcommittee fail to re- distinguished character; (b) A majority of the members of a sub- port back to the full committee on any (2) a member of the United States House of committee, actually present, shall con- measure within a reasonable time, the chair- Representatives or Senate who had a direct stitute a quorum for the purpose of man may withdraw the measure from such association with such facility; transacting business: provided, no measure subcommittee and report that fact to the (3) an Administrator of Veterans’ Affairs, a or matter shall be ordered reported unless full committee for further disposition. Secretary of Veterans Affairs, a Secretary of such majority shall include at least one Rule 11.—No subcommittee may schedule a Defense or of a service branch, or a military member of the minority who is a member of meeting or hearing at a time designated for or other Federal civilian official of com- the subcommittee. If, at any subcommittee a hearing or meeting of the full committee. parable or higher rank; or meeting, a measure or matter cannot be or- No more than one subcommittee executive (4) an individual who, as determined by the dered reported because of the absence of such meeting may be held at the same time. Chairman and Ranking Minority Member, a minority member, the measure or matter Rule 12.—It shall be the duty of the chair- performed outstanding service for veterans; shall lay over for a day. If the presence of a man in accordance with section 133(c) of the (B) each member of the Congressional dele- member of the minority is not then ob- Legislative Reorganization Act of 1946, as gation representing the State in which the tained, a majority of the members of the amended, to report or cause to be reported to

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Upon the re- erned by the Standing Rules of the Senate mittee or subcommittee is closed pursuant quest of any member, the chairman of the and the provisions of the Legislative Reorga- to the provisions of subsection (b) or (d) of committee or subcommittee shall call an ex- nization Act of 1946, as amended. rul 26.5 of the Standing Rules of the Senate, ecutive session to discuss such investigative [Excerpts from the Standing Rules of the no person other than members of the com- activity or the issuance of any subpoena in Senate] mittee, members of the staff of the com- connection therewith. mittee, and designated assistants to mem- (d) Any witness summoned to testify at a RULE XXV bers of the committee shall be permitted to hearing, or any witness giving sworn testi- STANDING COMMITTEES attend such closed session, except by special mony, may be accompanied by counsel of his 1. The following standing committees shall dispensation of the committee or sub- own choosing who shall be permitted, while be appointed at the commencement of each committee or the chairman thereof. the witness is testifying, to advise him of his Congress, and shall continue and have the Rule 14.—The chairman of the committee legal rights. power to act until their successors are ap- or a subcommittee shall be empowered to ad- (e) No confidential testimony taken or pointed, with leave to report by bill or other- journ any meeting of the committee or a confidential material presented in an execu- wise on matters within their respective ju- subcommittee if a quorum is not present tive hearing, or any report of the pro- risdictions: within fifteen minutes of the time schedule ceedings of such an executive hearing, shall for such meeting. be made public, either in whole or in part or * * * * * Rule 15.—Whenever a bill or joint resolu- by way of summary, unless authorized by a (m)(1) Committee on Health, Education, tion repealing or amending any statute or majority of the members of the committee Labor, and Pensions, to which committee part thereof shall be before the committee or or subcommittee. shall be referred all proposed legislation, a subcommittee for final consideration, the Rule 18.—Presidential nominees shall sub- messages, petitions, memorials, and other clerk shall place before each member of the mit a statement of their background and fi- matters relating to the following subjects: committee or subcommittee a print of the nancial interests, including the financial in- 1. Measures relating to education, labor, statute or the part or section thereof to be terests of their spouse and children living in health, and public welfare. amended or replaced showing by stricken- their household, on a form approved by the 2. Aging. through type, the part or parts to be omitted committee which shall be sworn to as to its 3. Agricultural colleges. and in italics, the matter proposed to be completeness and accuracy. The committee 4. Arts and humanities. added, if a member makes a timely request form shall be in two parts— 5. Biomedical research and development. for such print. (I) information relating to employment, 6. Child labor. Rule 16.—An appropriate opportunity shall education and background of the nominee re- 7. Convict labor and the entry of goods be given the minority to examine the pro- lating to the position to which the individual made by convicts into interstate commerce. posed text of committee reports prior to is nominated, and which is to be made pub- 8. Domestic activities of the American Na- their filing or publication. In the event there lic; and, tional Red Cross. are supplemental, minority, or additional (II) information relating to financial and 9. Equal employment opportunity. views, an appropriate opportunity shall be other background of the nominee, to be made 10. Gallaudet College, Howard University, given the majority to examine the proposed public when the committee determines that and Saint Elizabeths Hospital. text prior to filing or publication. Unless the such information bears directly on the nomi- 11. Individuals with disabilities. chairman and ranking minority member nee’s qualifications to hold the position to 12. Labor standards and labor statistics. agree on a shorter period of time, the minor- which the individual is nominated. 13. Mediation and arbitration of labor dis- ity shall have no fewer than three business Information relating to background and fi- putes. days to prepare supplemental, minority or nancial interests (parts I and II) shall not be 14. Occupational safety and health, includ- additional views for inclusion in a com- required of (a) candidates for appointment ing the welfare of miners. mittee report from the time the majority and promotion in the Public Health Service 15. Private pension plans. makes the proposed text of the committee Corps; and (b) nominees for less than full- 16. Public health. report available to the minority. time appointments to councils, commissions 17. Railway labor and retirement. Rule 17.—(a) The committee, or any sub- or boards when the committee determines 18. Regulation of foreign laborers. committee, may issue subpoenas, or hold that some or all of the information is not 19. Student loans. hearings to take sworn testimony or hear relevant to the nature of the position. Infor- 20. Wages and hours of labor. subpoenaed witnesses, only if such investiga- mation relating to other background and fi- (2) Such committee shall also study and re- tive activity has been authorized by major- nancial interests (part II) shall not be re- view, on a comprehensive basis, matters re- ity vote of the committee. quired of any nominee when the committee lating to health, education and training, and (b) For the purpose of holding a hearing to determines that it is not relevant to the na- take sworn testimony or hear subpoenaed public welfare, and report thereon from time ture of the position. to time. witnesses, three members of the committee Committee action on a nomination, includ- or subcommittee shall constitute a quorum: ing hearings or meetings to consider a mo- RULE XXVI provided, with the concurrence of the chair- tion to recommend confirmation, shall not COMMITTEE PROCEDURE man and ranking minority member of the be initiated until at least five days after the 1. Each standing committee, including any committee or subcommittee, a single mem- nominee submits the form required by this subcommittee of any such committee, is au- ber may hear subpoenaed witnesses or take rule unless the chairman, with the concur- thorized to hold such hearings, to sit and act sworn testimony. rence of the ranking minority member, at such times and places during the sessions, (c) The committee may, by a majority waives this waiting period. recesses, and adjourned periods of the Sen- vote, delegate the authority to issue sub- Rule 19.—Subject to statutory require- ate, to require by subpoena or otherwise the poenas to the chairman of the committee or ments imposed on the committee with re- attendance of such witnesses and the produc- a subcommittee, or to any member des- spect to procedure, the rules of the com- tion of such correspondence, books, papers, ignated by such chairman. Prior to the mittee may be changed, modified, amended and documents, to take such testimony and issuance of each subpoena, the ranking mi- or suspended at any time; provided, not less to make such expenditures out of the contin- nority member of the committee or sub- than a majority of the entire membership so gent fund of the Senate as may be authorized committee, and any other member so re- determine at a regular meeting with due no- by resolutions of the Senate. Each such com- questing, shall be notified regarding the tice, or at a meeting specifically called for mittee may make investigations into any identity of the person to whom it will be that purpose. matter within its jurisdiction, may report issued and the nature of the information Rule 20.—When the ratio of members on the such hearings as may be had by it, and may sought and its relationship to the authorized committee is even, the term ‘‘majority’’ as employ stenographic assistance at a cost not investigative activity, except where the used in the committee’s rules and guidelines exceeding the amount prescribed by the chairman of the committee or sub- shall refer to the party of the chairman for Committee on Rules and Administration. committee, in consultation with the ranking purposes of party identification. Numerical The expenses of the committee shall be paid minority member, determines that such no- requirements for quorums, votes and the like from the contingent fund of the Senate upon tice would unduly impede the investigation. shall be unaffected. vouchers approved by the chairman. All information obtained pursuant to such Rule 21.—First degree amendments must be investigative activity shall be made avail- filed with the chairman at least 24 hours be- * * * * * able as promptly as possible to each member fore an executive session. The chairman 5. (a) Notwithstanding any other provision of the committee requesting same, or to any shall promptly distribute all filed amend- of the rules, when the Senate is in session, assistant to a member of the committee des- ments to the members of the committee. The no committee of the Senate or any sub- ignated by such member in writing, but the chairman may modify the filing require- committee thereof may meet, without spe- use of any such information is subject to re- ments to meet special circumstances with cial leave, after the conclusion of the first

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1403 two hours after the meeting of the Senate long as there is doubt of the assurance of purpose of marking up bills, the committee commenced and in no case after two o’clock order. or a subcommittee (as appropriate) should postmeridian unless consent therefor has (e) Each committee shall prepare and keep provide each member with a copy of the been obtained from the majority leader and a complete transcript or electronic recording printed record or a summary of any hearings the minority leader (or in the event of the adequate to fully record the proceeding of conducted by the committee or a sub- absence of either of such leaders, from his each meeting or conference whether or not committee with respect to each bill, joint designee). The prohibition contained in the such meeting or any part thereof is closed resolution, or other legislative matter to be preceding sentence shall not apply to the under this paragraph, unless a majority of considered at such executive session. Committee on Appropriations or the Com- its members vote to forgo such a record. f mittee on the Budget. The majority leader or * * * * * his designee shall announce to the Senate GUIDELINES OF THE SENATE COMMITTEE ON COMMITTEE ON ENVIRONMENT whenever consent has been given under this HEALTH, EDUCATION, LABOR, AND PENSIONS AND PUBLIC WORKS RULES OF subparagraph and shall state the time and WITH RESPECT TO HEARINGS, MARKUP SES- place of such meeting. The right to make PROCEDURES SIONS, AND RELATED MATTERS such announcement of consent shall have the Mrs. BOXER. Mr. President, I ask HEARINGS same priority as the filing of a cloture mo- unanimous consent to have printed in Section 133A(a) of the Legislative Reorga- tion. the RECORD the Rules of the Com- (b) Each meeting of a committee, or any nization Act requires each committee of the subcommittee thereof, including meetings to Senate to publicly announce the date, place, mittee on Environment and Public conduct hearings, shall be open to the public, and subject matter of any hearing at least Works. except that a meeting or series of meetings one week prior to the commencement of such There being no objection, the mate- by a committee or a subcommittee thereof hearing. rial was ordered to be printed in the on the same subject for a period of no more The spirit of this requirement is to assure RECORD, as follows: than fourteen calendar days may be closed to adequate notice to the public and other Members of the Senate as to the time and RULES OF THE COMMITTEE ON ENVIRONMENT the public on a motion made and seconded to AND PUBLIC WORKS, JANUARY 17, 2007 go into closed session to discuss only wheth- subject matter of proposed hearings. In the er the matters enumerated in clauses (1) spirit of section 133A(a) and in order to as- Jurisdiction through (6) would require the meeting to be sure that members of the committee are Rule XXV, Standing Rules of the Senate closed, followed immediately by a record themselves fully informed and involved in 1. The following standing committees shall vote in open session by a majority of the the development of hearings: be appointed at the commencement of each 1. Public notice of the date, place, and sub- members of the committee or subcommittee Congress, and shall continue and have the ject matter of each committee or sub- when it is determined that the matters to be power to act until their successors are ap- committee hearing should be inserted in the discussed or the testimony to be taken at pointed, with leave to report by bill or other- Congressional Record seven days prior to the such meeting or meetings— wise on matters within their respective ju- commencement of such hearing. (1) will disclose matters necessary to be risdictions: kept secret in the interests of national de- 2. At least seven days prior to public notice fense or the confidential conduct of the for- of each committee or subcommittee hearing, * * * * * eign relations of the United States; the majority should provide notice to the (h)(1) Committee on Environment and Pub- (2) will relate solely to matters of com- minority of the time, place and specific sub- lic Works, to which committee shall be re- mittee staff personnel or internal staff man- ject matter of such hearing. ferred all proposed legislation, messages, pe- agement or procedure; 3. At least three days prior to the date of titions, memorials, and other matters relat- (3) will tend to charge an individual with such hearing, the committee or sub- ing to the following subjects: crime or misconduct, to disgrace or injure committee should provide to each member a 1. Air pollution. the professional standing of an individual, or list of witnesses who have been or are pro- 2. Construction and maintenance of high- otherwise to expose an individual to public posed to be invited to appear. ways. contempt or obloquy or will represent a 4. The committee and its subcommittee 3. Environmental aspects of Outer Conti- clearly unwarranted invasion of the privacy should, to the maximum feasible extent, en- nental Shelf lands. of an individual; force the provisions of rule 9 of the com- 4. Environmental effects of toxic sub- (4) will disclose the identity of any in- mittee rules as it relates to the submission stances, other than pesticides. former or law enforcement agent or will dis- of written statements of witnesses twenty- 5. Environmental policy. close any information relating to the inves- four hours in advance of a hearing. Witnesses 6. Environmental research and develop- tigation or prosecution of a criminal offense will be urged to submit testimony even ear- ment. that is required to be kept secret in the in- lier whenever possible. When statements are 7. Fisheries and wildlife. terests of effective law enforcement; received in advance of a hearing, the com- 8. Flood control and improvements of riv- (5) will disclose information relating to the mittee or subcommittee (as appropriate) ers and harbors, including environmental as- trade secrets of financial or commercial in- should distribute copies of such statements pects of deepwater ports. formation pertaining specifically to a given to each of its members. Witness testimony 9. Noise pollution. person if— may be submitted and distributed electroni- 10. Nonmilitary environmental regulation (A) an Act of Congress requires the infor- cally. and control of nuclear energy. mation to be kept confidential by Govern- EXECUTIVE SESSIONS FOR THE PURPOSE OF 11. Ocean dumping. ment officers and employees; or MARKING UP BILLS 12. Public buildings and improved grounds (B) the information has been obtained by In order to expedite the process of marking of the United States generally, including the Government on a confidential basis, up bills and to assist each member of the Federal buildings in the District of Colum- other than through an application by such committee so that there may be full and fair bia. person for a specific Government financial or consideration of each bill which the com- 13. Public works, bridges, and dams. other benefit, and is required to be kept se- mittee or a subcommittee is marking up the 14. Regional economic development. cret in order to prevent undue injury to the following procedures should be followed: 15. Solid waste disposal and recycling. competitive position of such person; or 1. Seven days prior to the proposed data for 16. Water pollution. (6) may divulge matters required to be an executive session for the purpose of mark- 17. Water resources. kept confidential under other provisions of ing up bills the committee or subcommittee (2) Such committee shall also study and re- law or Government regulations. (as appropriate) should provide written no- view, on a comprehensive basis, matters re- (c) Whenever any hearing conducted by tice to each of its members as to the time, lating to environmental protection and re- any such committee or subcommittee is place, and specific subject matter of such source utilization and conservation, and re- open to the public, that hearing may be session, including an agenda listing each bill port thereon from time to time. broadcast by radio or television, or both, or other matters to be considered and includ- RULES OF PROCEDURE under such rules as the committee or sub- ing: committee may adopt. (a) a copy of each bill, joint resolution, or RULE 1. COMMITTEE MEETINGS IN GENERAL (d) Whenever disorder arises during a com- other legislative matter (or committee print (a) REGULAR MEETING DAYS: For purposes mittee meeting that is open to the public, or thereof) to be considered at such executive of complying with paragraph 3 of Senate any demonstration of approval or dis- session; and Rule XXVI, the regular meeting day of the approval is indulged in by any person in at- (b) a copy of a summary of the provisions committee is the first and third Thursday of tendance of any such meeting, it shall be the of each bill, joint resolution, or other legis- each month at 10:00 a.m. If there is no busi- duty of the Chair to enforce order on his own lative matter to be considered at such execu- ness before the committee, the regular meet- initiative and without any point of order tive session including, whenever possible, an ing shall be omitted. being made by a Senator. When the Chair explanation of changes to existing law pro- (b) ADDITIONAL MEETINGS: The chair may finds it necessary to maintain order, he shall posed to be made. call additional meetings, after consulting have the power to clear the room, and the 2. Insofar as practical, prior to the sched- with the ranking minority member. Sub- committee may act in closed session for so uled date for an executive session for the committee chairs may call meetings, with

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(1) A witness who is scheduled to testify at cast in favor of and the votes cast in opposi- (2) Subcommittee chairs shall preside at a hearing of the committee or a sub- tion to the measure or matter by each mem- all meetings of their subcommittees. If the committee shall file 100 copies of the written ber of the committee. subcommittee chair is not present, the rank- testimony at least 48 hours before the hear- RULE 6. SUBCOMMITTEES ing majority member of the subcommittee ing. If a witness fails to comply with this re- (a) REGULARLY ESTABLISHED SUBCOMMIT- shall preside. quirement, the presiding officer may pre- TEES: The committee has six subcommittees: (3) Notwithstanding the rule prescribed by clude the witness’ testimony. This rule may Public Sector Solutions to Global Warming, paragraphs (1) and (2), any member of the be waived for field hearings, except for wit- Oversight, and Children’s Health Protection; committee may preside at a hearing. nesses from the Federal Government. Transportation and Infrastructure; Private (d) OPEN MEETINGS: Meetings of the com- (2) Any witness planning to use at a hear- Sector and Consumer Solutions to Global mittee and subcommittees, including hear- ing any exhibit such as a chart, graph, dia- Warming and Wildlife Protection; Clean Air ings and business meetings, are open to the gram, photo, map, slide, or model must sub- and Nuclear Safety; Superfund and Environ- public. A portion of a meeting may be closed mit one identical copy of the exhibit (or rep- mental Health; and Transportation Safety, to the public if the committee determines by resentation of the exhibit in the case of a Infrastructure Security, and Water Quality. roll call vote of a majority of the members model) and 100 copies reduced to letter or (b) MEMBERSHIP: The committee chair, present that the matters to be discussed or legal paper size at least 48 hours before the after consulting with the ranking minority the testimony to be taken— hearing. Any exhibit described above that is member, shall select members of the sub- (1) will disclose matters necessary to be not provided to the committee at least 48 committees. kept secret in the interests of national de- hours prior to the hearing cannot be used for RULE 7. STATUTORY RESPONSIBILITIES AND fense or the confidential conduct of the for- purpose of presenting testimony to the com- OTHER MATTERS eign relations of the United States; mittee and will not be included in the hear- (a) ENVIRONMENTAL IMPACT STATEMENTS: (2) relate solely to matters of committee ing record. No project or legislation proposed by any ex- staff personnel or internal staff management (3) The presiding officer at a hearing may ecutive branch agency may be approved or or procedure; or have a witness confine the oral presentation otherwise acted upon unless the committee (3) constitute any other grounds for clo- to a summary of the written testimony. has received a final environmental impact sure under paragraph 5(b) of Senate Rule (4) Notwithstanding a request that a docu- statement relative to it, in accordance with XXVI. ment be embargoed, any document that is to section 102(2)(C) of the National Environ- (e) BROADCASTING: be discussed at a hearing, including, but not mental Policy Act, and the written com- (1) Public meetings of the committee or a limited to, those produced by the General ments of the Administrator of the Environ- subcommittee may be televised, broadcast, Accounting Office, Congressional Budget Of- mental Protection Agency, in accordance or recorded by a member of the Senate press fice, Congressional Research Service, a Fed- with section 309 of the Clean Air Act. This gallery or an employee of the Senate. eral agency, an Inspector General, or a non- rule is not intended to broaden, narrow, or (2) Any member of the Senate Press Gal- governmental entity, shall be provided to all otherwise modify the class of projects or leg- lery or employee of the Senate wishing to members of the committee at least 72 hours islative proposals for which environmental televise, broadcast, or record a committee before the hearing. impact statements are required under sec- meeting must notify the staff director or the RULE 4. BUSINESS MEETINGS: NOTICE AND tion 102(2)(C). staff director’s designee by 5:00 p.m. the day FILING REQUIREMENTS (b) PROJECT APPROVALS: before the meeting. (1) Whenever the committee authorizes a (3) During public meetings, any person (a) NOTICE: The chair of the committee or the subcommittee shall provide notice, the project under Public Law 89–298, the Rivers using a camera, microphone, or other elec- and Harbors Act of 1965; Public Law 83–566, tronic equipment may not position or use agenda of business to be discussed, and the text of agenda items to members of the com- the Watershed Protection and Flood Preven- the equipment in a way that interferes with tion Act; or Public Law 86–249, the Public the seating, vision, or hearing of committee mittee or subcommittee at least 72 hours be- fore a business meeting. If the 72 hours falls Buildings Act of 1959, as amended; the chair- members or staff on the dais, or with the or- man shall submit for printing in the Con- derly process of the meeting. over a weekend, all materials will be pro- vided by close of business on Friday. gressional Record, and the committee shall RULE 2. QUORUMS (b) AMENDMENTS: First-degree amendments publish periodically as a committee print, a (a) BUSINESS MEETINGS: At committee must be filed with the chair of the com- report that describes the project and the rea- business meetings, and for the purpose of ap- mittee or the subcommittee at least 24 hours sons for its approval, together with any dis- proving the issuance of a subpoena or ap- before a business meeting. After the filing senting or individual views. (2) Proponents of a committee resolution proving a committee resolution, six mem- deadline, the chair shall promptly distribute shall submit appropriate evidence in favor of bers, at least two of whom are members of all filed amendments to the members of the the resolution. the minority party, constitute a quorum, ex- committee or subcommittee. cept as provided in subsection (d). (c) BUILDING PROSPECTUSES: (c) MODIFICATIONS: The chair of the com- (1) When the General Services Administra- (b) SUBCOMMITTEE MEETINGS: At sub- mittee or the subcommittee may modify the tion submits a prospectus, pursuant to sec- committee business meetings, a majority of notice and filing requirements to meet spe- tion 7(a) of the Public Buildings Act of 1959, the subcommittee members, at least one of cial circumstances, with the concurrence of as amended, for construction (including con- whom is a member of the minority party, the ranking member of the committee or struction of buildings for lease by the gov- constitutes a quorum for conducting busi- subcommittee. ernment), alteration and repair, or acquisi- ness. RULE 5. BUSINESS MEETINGS: VOTING tion, the committee shall act with respect to (c) CONTINUING QUORUM: Once a quorum as the prospectus during the same session in prescribed in subsections (a) and (b) has been (a) PROXY VOTING: (1) Proxy voting is allowed on all meas- which the prospectus is submitted. established, the committee or subcommittee ures, amendments, resolutions, or other mat- A prospectus rejected by majority vote of may continue to conduct business. ters before the committee or a sub- the committee or not reported to the Senate (d) REPORTING: No measure or matter may during the session in which it was submitted be reported to the Senate by the committee committee. (2) A member who is unable to attend a shall be returned to the General Services Ad- unless a majority of committee members business meeting may submit a proxy vote ministration and must then be resubmitted cast votes in person. on any matter, in writing, orally, or through in order to be considered by the committee (e) HEARINGS: One member constitutes a during the next session of the Congress. quorum for conducting a hearing. personal instructions. (3) A proxy given in writing is valid until (2) A report of a building project survey RULE 3. HEARINGS revoked. A proxy given orally or by personal submitted by the General Services Adminis- (a) ANNOUNCEMENTS: Before the committee instructions is valid only on the day given. tration to the committee under section 11(b) or a subcommittee holds a hearing, the chair (b) SUBSEQUENT VOTING: Members who were of the Public Buildings Act of 1959, as of the committee or subcommittee shall not present at a business meeting and were amended, may not be considered by the com- make a public announcement and provide unable to cast their votes by proxy may mittee as being a prospectus subject to ap- notice to members of the date, place, time, record their votes later, so long as they do so proval by committee resolution in accord- and subject matter of the hearing. The an- that same business day and their vote does ance with section 7(a) of that Act. A project nouncement and notice shall be issued at not change the outcome. described in the report may be considered for least one week in advance of the hearing, un- (c) PUBLIC ANNOUNCEMENT: committee action only if it is submitted as a less the chair of the committee or sub- (1) Whenever the committee conducts a prospectus in accordance with section 7(a) committee, with the concurrence of the rollcall vote, the chair shall announce the and is subject to the provisions of paragraph ranking minority member of the committee results of the vote, including a tabulation of (1) of this rule.

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(d) NAMING PUBLIC FACILITIES: The com- II. QUORUMS AND VOTING (2) A member of the committee, who gives mittee may not name a building, structure (1) Except as provided in paragraphs (2) and notice of an intention to file supplemental, or facility for any living person, except (3) of this section, a quorum for the trans- minority, or additional views at the time of former Presidents or former Vice Presidents action of committee business shall consist of final committee approval of a measure or of the United States, former Members of not less than one-third of the membership of matter, shall be entitled to not less than 3 Congress over 70 years of age, former Jus- the entire committee: Provided, that proxies calendar days in which to file such views, in tices of the United States Supreme Court shall not be counted in making a quorum. writing, with the chief clerk of the com- over 70 years of age, or Federal judges who (2) A majority of the committee shall con- mittee. Such views shall then be included in are fully retired and over 75 years of age or stitute a quorum for reporting budget resolu- the committee report and printed in the have taken senior status and are over 75 tions, legislative measures or recommenda- same volume, as a part thereof, and their in- years of age. tions: Provided, that proxies shall not be clusions shall be noted on the cover of the RULE 8. AMENDING THE RULES counted in making a quorum. report. In the absence of timely notice, the The rules may be added to, modified, (3) For the purpose of taking sworn or committee report may be filed and printed amended, or suspended by vote of a majority unsworn testimony, a quorum of the com- immediately without such views. of committee members at a business meeting mittee shall consist of one Senator. VI. USE OF DISPLAY MATERIALS IN COMMITTEE (4)(a) The committee may poll— if a quorum is present. (i) internal committee matters including Graphic displays used during any meetings f those concerning the committee’s staff, or hearings of the committee are limited to records, and budget; the following: COMMITTEE OF THE BUDGET (ii) steps in an investigation, including Charts, photographs, or renderings: RULES OF PROCEDURES issuance of subpoenas, applications for im- Size: no larger than 36 inches by 48 inches. Mr. CONRAD. Mr. President, I ask munity orders, and requests for documents Where: on an easel stand next to the mem- ber’s seat or at the rear of the committee unanimous consent to have printed in from agencies; and (iii) other committee business that the room. the RECORD the Rules of the Com- committee has designated for polling at a When: only at the time the member is mittee on the Budget. meeting, except that the committee may not speaking. There being no objection, the mate- vote by poll on reporting to the Senate any Number: no more than two may be dis- rial was ordered to be printed in the measure, matter, or recommendation, and played at a time. RECORD, as follows: may not vote by poll on closing a meeting or VII. CONFIRMATION STANDARDS AND RULES OF THE COMMITTEE ON THE BUDGET, hearing to the public. PROCEDURES ONE-HUNDRED-TENTH CONGRESS (b) To conduct a poll, the chair shall cir- (1) Standards. In considering a nomination, I. MEETINGS culate polling sheets to each member speci- the committee shall inquire into the nomi- fying the matter being polled and the time (1) The committee shall hold its regular nee’s experience, qualifications, suitability, limit for completion of the poll. If any mem- meeting on the first Thursday of each and integrity to serve in the position to ber requests, the matter shall be held for a month. Additional meetings may be called which he or she has been nominated. The meeting rather than being polled. The chief by the chair as the chair deems necessary to committee shall recommend confirmation if clerk shall keep a record of polls; if the com- expedite committee business. it finds that the nominee has the necessary (2) Each meeting of the committee, includ- mittee determines by record vote in open integrity and is affirmatively qualified by ing meetings to conduct hearings, shall be session of a majority of the members of the reason of training, education, or experience open to the public, except that a portion or committee present that the polled matter is to carry out the functions of the office to portions of any such meeting may be closed one of those enumerated in rule I(2)(a)–(e), which he or she was nominated. to the public if the committee determines by then the record of the poll shall be confiden- (2) Information Concerning the Nominee. record vote in open session of a majority of tial. Any member may move at the com- Each nominee shall submit the following in- the members of the committee present that mittee meeting following a poll for a vote on formation to the committee: the matters to be discussed or the testimony the polled decision. (a) A detailed biographical resume which to be taken at such portion or portions— III. PROXIES contains information concerning education, (a) will disclose matters necessary to be When a record vote is taken in the com- employment, and background which gen- kept secret in the interests of national de- mittee on any bill, resolution, amendment, erally relates to the position to which the in- fense or the confidential conduct of the for- or any other question, a quorum being dividual is nominated, and which is to be eign relations of the United States; present, a member who is unable to attend made public; (b) will relate solely to matters of the com- the meeting may vote by proxy if the absent (b) Information concerning financial and mittee staff personnel or internal staff man- member has been informed of the matter on other background of the nominee which is to agement or procedure; which the vote is being recorded and has af- be made public; provided, that financial in- (c) will tend to charge an individual with firmatively requested to be so recorded; ex- formation that does not relate to the nomi- crime or misconduct, to disgrace or injure cept that no member may vote by proxy dur- nee’s qualifications to hold the position to the professional standing of an individual, or ing the deliberations on Budget Resolutions. which the individual is nominated, tax re- turns or reports prepared by federal agencies otherwise to expose an individual to public IV. HEARINGS AND HEARING PROCEDURES contempt or obloquy, or will represent a that may be submitted by the nominee shall, (1) The committee shall make public an- clearly unwarranted invasion of the privacy after review by the chair, ranking member, nouncement of the date, place, time, and of an individual; or any other member of the committee upon subject matter of any hearing to be con- (d) will disclose the identity of any in- request, be maintained in a manner to en- ducted on any measure or matter at least 1 former or law enforcement agent or will dis- sure confidentiality; and, week in advance of such hearing, unless the close any information relating to the inves- (c) Copies of other relevant documents and chair and ranking member determine that tigation or prosecution of a criminal offense responses to questions as the committee may there is good cause to begin such hearing at that is required to be kept secret in the in- so request, such as responses to questions an earlier date. concerning the policies and programs the terests of effective law enforcement; or (2) In the event that the membership of the (e) will disclose information relating to the nominee intends to pursue upon taking of- Senate is equally divided between the two trade secrets or financial or commercial in- fice. parties, the ranking member is authorized to formation pertaining specifically to a given (3) Report on the Nominee. After a review call witnesses to testify at any hearing in an person if— of all information pertinent to the nomina- (i) an act of Congress requires the informa- amount equal to the number called by the tion, a confidential report on the nominee tion to be kept confidential by Government chair. The previous sentence shall not apply may be prepared by the committee staff for officers and employees; or in the case of a hearing at which the com- the chair, the ranking member and, upon re- (ii) the information has been obtained by mittee intends to call an official of the Fed- quest, for any other member of the com- the Government on a confidential basis, eral government as the sole witness. mittee. The report shall summarize the steps (3) A witness appearing before the com- other than through an application by such taken and the results of the committee in- mittee shall file a written statement of pro- person for a specific Government financial or quiry, including any unresolved matters that posed testimony at least 1 day prior to ap- other benefit, and is required to be kept se- have been raised during the course of the in- pearance, unless the requirement is waived cret in order to prevent undue injury to the quiry. by the chair and the ranking member, fol- competitive position of such person. (4) Hearings. The committee shall conduct (f) may divulge matters required to be kept lowing their determination that there is a hearing during which the nominee shall be confidential under other provisions of law or good cause for the failure of compliance. called to testify under oath on all matters Government regulations. V. COMMITTEE REPORTS relating to his or her suitability for office, (3) Notice of, and the agenda for, any busi- (1) When the committee has ordered a including the policies and programs which he ness meeting or markup shall be provided to measure or recommendation reported, fol- or she would pursue while in that position. each member and made available to the pub- lowing final action, the report thereon shall No hearing or meeting to consider the con- lic at least 48 hours prior to such meeting or be filed in the Senate at the earliest prac- firmation shall be held until at least 72 hours markup. ticable time. after the following events have occurred: the

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1406 CONGRESSIONAL RECORD — SENATE January 31, 2007 nominee has responded to the requirements Teresa, we have been honored to but for several years now. Thank you, set forth in subsection (2), and, if a report de- work with you for so many years. We Garrett, for your dedication to the peo- scribed in subsection (3) has been prepared, it will miss you and we wish you and your ple of Florida. You are an exemplar of has been presented to the chairman and ranking member, and is available to other family the very best. the volunteer spirit, and make us all members of the committee, upon request. f very proud to be called Floridians.∑ f ADDITIONAL STATEMENTS f RETIREMENT OF TERESA POOLE TRIBUTE TO DAVIS MORIUCHI Mr. BOND. Mr. President it is both TRIBUTE TO GARRETT WALTON ∑ Mrs. MURRAY. Mr. President, today with deep gratitude and regret that I ∑ Mr. MARTINEZ. Mr. President, I wish share with the Senate a tribute announce the retirement of my Acad- to Mr. Davis Moriuchi, a leader in the emies Coordinator, Teresa Poole, from today I wish to discuss the power of volunteerism and how one person can— Pacific Northwest who is retiring after the public sector. 30 years of service with the Army Corps Teresa Poole, a distinguished U.S. in the truest sense—make a lasting dif- of Engineers. During his tenure with Senate staffer, is set to retire from the ference in the world. the Corps, Davis has left an indelible political arena on January 31, 2007. The volunteer spirit helps to keep so- mark on the environment, economy, This year has been a milestone, mark- ciety civil; volunteers give of them- and people of Washington State. His ing her thirtieth year of hard work and selves in a selfless manner. That spirit expertise and dedication will be sorely dedication to the Federal Government, is exemplified by the acts of one of my missed. the citizens of southwest Missouri, and own constituents, Mr. Garrett Walton. My work with Davis over the years most importantly the U.S. Senate of- Garrett Walton and volunteerism has served as a reminder of the dif- fices of Danforth, Ashcroft, and BOND. seem to be synonymous with one an- ference dedicated individuals make in We have come together to honor and other. large and complex organizations like congratulate Teresa on her devotion, When Hurricane Ivan ravaged north- the Corps of Engineers. As we all know, team spirit, and the proficient skills west Florida in September of 2004, Wal- she has provided the Springfield office ton, a former attorney-turned-devel- the Corps tackles huge projects that over the past 30 years. Teresa is to be oper put his career on hold, and took have a widespread impact on our Na- envied and admired by all in govern- on a full-time volunteer role to help an tion. Davis’s work has reaffirmed for ment for her service to the public, entire region of our State recover. me the importance of committed indi- which she has done with a helpful While the eye of the storm came viduals on the success of those heart. ashore at Gulf Shores, AL, its most se- projects. Our State has been lucky to In January 1977, Teresa Poole was vere winds hit the Florida counties of have been able to rely on his personal member of the first U.S. Senate con- Santa Rosa and Escambia. Those most touch and expertise for so many years. stituent service office in southwest damaging of winds, exceeding 140 miles In Davis, my staff and I have also Missouri for Senator Danforth. Little per hour, were a part of a colossal hur- found an invaluable resource whose de- would Teresa know this would begin a ricane that triggered more than 100 votion to the region is as great as ours. remarkable 30-year trek with the U.S. tornadoes, and also brought a 13-foot Time and again, Davis has taken the Senate. With her incredible knowledge storm surge. time to explain even the most detailed of the inner workings of government Roughly 75,000 homes were damaged; aspects of Corps initiatives. His pa- and her history with the U.S. Senate, 50,000 people were displaced; and of all tience, clarity, and honesty have al- Teresa has been a great source of infor- of the damaged homes, 37,000 of them lowed me to be a stronger advocate for mation. She took pride in being able to belonged to families whose household programs that will have long-term con- guide effectively constituents, organi- incomes totaled less than $30,000 a sequences for the Pacific Northwest. zations, and coworkers through the year. While the extent of Davis’s impact complex infrastructure of government. Garrett helped to lead a group of cannot be measured by projects alone, Among the numerous achievements civic-minded citizens that met in each I would be remiss if I did not mention that Teresa has attained over the others’ homes to discuss how they a few of the projects that he has taken years, her most remarkable was her en- could rebuild the community. on. We in Washington State will par- thusiastic commitment to the Military What grew out of that was a volun- ticularly miss Davis’s leadership on Academies. She has worked tirelessly teer organization known as REBUILD water resource projects. From the new to help students from across Missouri Northwest Florida. It was a grassroots Navigation Lock at the Bonneville to achieve their dreams of becoming of- effort that grew into something ex- Dam to the ongoing Columbia River ficers in the U.S. military by guiding traordinary. More than 4,000 volunteers Channel Improvement Project, Davis’s them through the process required to have contributed close to a quarter of a work on the health of our State’s crit- gain a congressional nomination. Te- million hours of volunteer service. Gar- ical waterways will have lasting ef- resa has sifted through thousands of rett has himself contributed close to fects. letters, applications, and grades, and 5,000 hours of service. Davis has also championed interim made endless calls to hopeful appli- As of the first week of this year, RE- repairs of the Columbia River jetties. cants. All of this would be finally com- BUILD had completed more than 1,350 It was a very exciting day last August, pleted in December, only to start over projects. And as recently as this when Colonel O’Donavon, Davis, a host the next year with new names, faces, month, January of 2007, Mr. Walton has of other stakeholders and I stood at the and challenges. continued his relentless quest to re- mouth of the Columbia River and saw Teresa Poole has shown unwavering build communities in northwest Flor- interim jetty repairs. Davis was instru- loyalty and dedication to her job over ida. mental in making that day possible. the past 30 years. From the day to day With the help of a few other volun- Davis is ending his career as the dep- routine of compiling local clips to an- teers, including Carolyn Appleyard, uty district commander for project swering the phone, Teresa has ap- Miles Anderson, and Mark Ramos, this management and the chief of Planning, proached every task with hard work small contingent has taken it upon Programs and Project Management Di- and a positive attitude. She has de- themselves to help many of their fellow vision for the U.S Army Corps of Engi- lighted everyone she meets with her Floridians pick up their lives after this neers, Portland District. It is a title love of antiques and finding good deals awful natural disaster. Ivan caused that, while long in syllables, does not at various auctions and sales, her love widespread devastation; and as one of begin to grasp at the immensity of his of travel with her mother and daugh- Florida’s most deadly and costly service. But then again, Davis has ter, her passion for her family and her- storms, we knew the recovery effort never worked for titles or credit. His itage, and her impeccable spirit. We would be long and arduous. I commend main concern has always been that the commend her for a stunning and distin- Garrett Walton for rising to the chal- work of the Corps is well-executed and guished career with the U.S. Senate lenge. timely. and wish Teresa the best in all her fu- He put others ahead of himself—and Davis’s devotion to the region will be ture endeavors. not just for a day, a week, or a month, truly missed. I would like to wish him

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1407 the best of luck in an enjoyable retire- was the driving force behind the imple- The Shrine continues to be faithful ment and thank him for his distin- mentation of new training programs in maintaining and perpetuating the guished service.∑ that led to the reduction of visitor and Greek Orthodox faith and Hellenic Her- f employee injuries which earned the itage through its programs and activi- Park the Regional Director’s Safety ties to all who pass through its historic RETIREMENT OF JOE ALSTON Excellence Award and the Director’s doors. ∑ Mr. MCCAIN. Mr. President, today I Safety Excellence Award for Public Mr. President, February 4, 2007, will wish to honor the service of the Grand Safety Achievement in 2005. Among the mark the 25th anniversary of the Saint Canyon National Park Superintendent, many accolades Joe has received over Photios Greek Orthodox National Joe Alston, who is retiring this week. the years, perhaps the most note- Shrine, and I ask my colleagues to join Joe is a man of considerable integrity, worthy came in 2005 when Secretary me in honoring the purposeful commit- ability, and achievement, and his pres- Gale Norton awarded him the Meri- ment and achievements of this reli- ence at the Grand Canyon will be deep- torious Service Award, the second gious and historical institution.∑ ly missed. highest honorary recognition granted f After 31 dedicated years, Joe Alston to Interior Department employees. HONORING HANLEY DENNING is retiring from the National Park Joe Alston’s ties to the Grand Can- Service. He has spent the last 6 years yon extend beyond his outstanding pro- ∑ Ms. SNOWE. Mr. President, today I serving as the superintendent of the fessional career. Indeed, the Grand mourn the loss of Hanley Denning, a Grand Canyon National Park, the Canyon also happens to be where he truly remarkable native of Maine who crown jewel of Arizona and one of the met his wife, Judy, who is a teacher in word and deed represented the very Nation’s oldest and most heavily vis- with the Grand Canyon Public Schools best of our State and Nation. ited National Parks. Joe has held a System. Joe is regarded by those living Hanley was the visionary founder and wide variety of positions in the Park in northern Arizona as an individual executive director of Safe Passage, a Service beginning with his first job as deeply connected to the community. Central American-based nonprofit a seasonal firefighter on the North Rim Just last month, he accepted the Com- agency which provides children who of the Grand Canyon. In the years that munity Person of the Year award from live in the Guatemala City garbage followed, Joe worked as a concessions the Grand Canyon Rotary Club for ush- dump opportunity and hope through specialist at Yellowstone National ering in a new era of partnership be- myriad forms, including education, nu- Park and later became the chief of the tween the communities of Tusayan, trition, and health care. Hanley found- Concessions Management Division in AZ, and Grand Canyon National Park. ed Safe Passage in 1999 after having the Alaska Regional Office. More re- My son and I had the distinct pleas- seen children existing amid the squalor cently, Joe Alston was the assistant ure of hiking the Grand Canyon rim to and destitution of refuse and trash. But superintendent of Yellowstone Na- rim last year with the accompaniment where many would have seen a dead- tional Park and eventually served as of Joe Alston. I can think of few others end marked by desolation, Hanley saw superintendent at several major Na- alive today who are as knowledgeable a need which soon after evolved into a tional Park units such as the Glacier and devoted to the history and culture calling that required conscience and Bay National Park and Preserve, the of the Grand Canyon than Super- action. She imagined a pathway out— Curecanti National Recreation Area, intendent Alston. I wish Joe the very and possessed the will, determination, the Glen Canyon National Recreation best in his future goals and ambitions.∑ and resolve to forge a plan to begin Area, and the Rainbow Bridge National f making that route a reality. Hanley Monument. took a dilapidated church near the We are very fortunate to have bene- SAINT PHOTIOS NATIONAL SHRINE waste dump and developed a drop-in fited from the passion and expertise ∑ Mr. MARTINEZ. Mr. President, center where children could receive that Superintendent Alston brought to today I honor the 25th anniversary of food and a safe haven. the Grand Canyon. Joe was challenged the Saint Photios National Shrine, the Hanley found that access to edu- with many complex issues and long- only Greek Orthodox National Shrine cation of any kind was not a possibility standing conflicts ranging from park in the country, located in Saint Augus- for children who couldn’t begin to af- transportation to aircraft overflights, tine, FL. ford the enrollment fees, school sup- yet he has managed them all with fore- As early as 1768 and under the leader- plies, and books required by the Guate- sight, thoughtfulness, and resolve. ship of Dr. Andrew Turnbull, Greek im- malan public schools—not to mention Under Joe’s leadership, the Park Serv- migrants traveled to America to seek a requisite school uniforms and shoes. ice saw the completion of the Colorado better life in Florida. Many of these But thanks to Safe Passage, children River Management Plan, which pro- early Greek Americans migrated to have been able to attend a local public tects park resources by implementing a Saint Augustine, where, over time, a school for at least a half-day term. And new river permitting system that bal- strong Greek community has formed. that experience is complemented by ances competing commercial and rec- Greek immigrants found refuge there the additional educational reinforce- reational interests. Despite its highly as many gathered for solace, fellow- ment, care, and supervision received at contentious nature, it was Super- ship, and worship at the historic the center. Whether it is homework, intendent Alston’s desire to hear and Averos House built in 1749 on Saint hands-on learning activities, nutrition, understand the views of river runners George Street. The Averos House was medical attention, or a range of other and other constituents by affording the purchased by the Greek Orthodox programs, these at-risk youth are re- public every opportunity to provide Archdiocese in 1965, and in 1982, was cipients of the care they deserve. input during the CRMP planning proc- opened as a National Greek Orthodox Today, remarkably, Safe Passage ess. Few superintendents in National Shrine named after Saint Photios the serves as many as 600 children ages 2 to Park Service history have undertaken Great, Patriarch of Constantinople. 19 years old. such an open nationwide approach that The Saint Photios Greek Orthodox Irish playwright George Bernard concluded with such remarkable suc- National Shrine gives honor to the Shaw once famously wrote that ‘‘You cess. memory of the first colony of Greeks in see things; and you say, ‘Why?’ But I The Grand Canyon has received many the Americas and the succeeding gen- dream things that never were; and I honors during Superintendent Alston’s erations of Greek immigrants; it now say, ‘Why not?’’’ When Hanley saw de- tenure. In 2004, Grand Canyon National serves as a connection and pilgrimage spair, poverty, and indescribable hope- Park was recognized for a number of point for Greek Americans and the lessness, she must have at first said, environmental accomplishments by Greek Orthodox Church in America. It ‘‘Why?’’ But she responded to an unfor- EPA Administrator Mike Leavitt, in- also serves to preserve, enhance, and givable, intolerable situation—not with cluding having the first EPA certified promote the ethnic and cultural tradi- indifference, resignation, or anger—but Leadership in Energy and Environ- tions of Greek heritage and the teach- by saying, ‘‘Why not?’’ Why not carve mental Design ‘‘green building’’ owned ings of the Greek Orthodox Church in out a way forward for these children and operated in a National Park. Joe America. that leads from an abject condition to

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1408 CONGRESSIONAL RECORD — SENATE January 31, 2007 one where the objective is a better way 152 North 5th Street in Laramie, Wyoming, Members of the House of Representa- of life. as the ‘‘Gale W. McGee Post Office’’. tives as Congressional Advisers on Hanley’s response to the deplorable H.R. 521. An act to designate the facility of Trade Policy and Negotiations: Mr. the United States Postal Service located at situation she found at the Guatemalan RANGEL of New York, Mr. LEVIN of 2633 11th Street in Rock Island, Illinois, as dump is emblematic of her overall ap- the ‘‘Lane Evans Post Office Building’’. Michigan, Mr. TANNER of Tennessee, proach to so much of her life—one Mr. MCCRERY of Louisiana, and Mr. The message also announced that the filled with a selfless care for others and HERGER of California. House has agreed to the following con- a willful devotion to being an agent of The message also announced that current resolution, in which it requests good will and positive change. Al- pursuant to section 8002 of the Internal the concurrence of the Senate: though she hadn’t created Safe Passage Revenue Code of 1986, the Committee until 1999, Hanley had been offering a H. Con. Res. 20. Concurrent resolution call- on Ways and Means appoints the fol- kind of safe passage for so many during ing on the Government of the United King- lowing Members to serve on the Joint dom to immediately establish a full, inde- years prior to her arrival in Guate- pendent, and public judicial inquiry into the Committee on Taxation: Mr. RANGEL of mala. Along with earning a master’s murder of Northern Ireland defense attorney New York, Mr. STARK of California, Mr. degree along the way, Hanley was also Patrick Finucane, as recommended by Judge LEVIN of Michigan, Mr. MCCRERY of working at a mental health center, as- Peter Cory as part of the Weston Park Louisiana: and Mr. HERGER of Cali- sisting children affected by AIDS, and Agreement, in order to move forward on the fornia. Northern Ireland peace process. teaching in a Head Start program. f With this shining example of service, The message further announced that it is little wonder Bowdoin College, her pursuant to 22 U.S.C. 1928a, and the MEASURES REFERRED alma mater, recognized Hanley’s ex- order of the House of January 4, 2007, The following bills were read the first traordinary contributions by honoring the Speaker appoints the following and the second times by unanimous her with its 2002 Common Good Award. Members of the House of Representa- consent, and referred as indicated: What was so exceptional about Hanley tives to the United States Group of the H.R. 49. An act to designate the facility of was her longstanding dedication and NATO Parliamentary Assembly, in ad- the United States Postal Service located at unfailing determination to address and dition to Mr. TANNER of Tennessee, 1300 North Frontage Road West in Vail, Colo- improve the human condition. She Chairman, appointed on January 11, rado, as the ‘‘Gerald R. Ford, Jr. Post Office truly exemplified words spoken in 1902 Building’’; to the Committee on Homeland 2007: Mrs. TAUSCHER of California, Vice Security and Governmental Affairs. by Joseph McKeen, first president of Chairman, Mr. ROSS of Arkansas, Mr. H.R. 335. An act to designate the facility of Bowdoin: CHANDLER of Kentucky, Mr. LARSON of the United States Postal Service located at . . . institutions are founded and endowed Connecticut, Mr. MEEK of Florida, Mr. 152 North 5th Street in Laramie, Wyoming, for the common good and not for the private SCOTT of Georgia and Ms. BEAN of Illi- as the ‘‘Gale W. McGee Post Office’’; to the advantage of those who resort to them for nois. Committee on Homeland Security and Gov- education. It is not that they may be able to The message also announced that ernmental Affairs. pass through life in an easy and reputable pursuant to 22 U.S.C. 1928a, clause 10 of H.R. 521. An act to designate the facility of manner, but that their mental powers may the United States Postal Service located at be cultivated and improved for the benefit of rule I, and the order of the House of 2633 11th Street in Rock Island, Illinois, as society. January 4, 2007, the Speaker appoints the ‘‘Lane Evans Post Office Building’’; to the following Members of the House of Hanley’s greatest legacy and endur- the Committee on Homeland Security and Representatives to the United States ing cause will be memorialized in her Governmental Affairs. Group of the NATO Parliamentary As- name and with her spirit—in a thriving f sembly: Mr. GILLMOR of Ohio, Mr. REG- center given to helping those who truly MEASURES READ THE FIRST TIME ULA of Ohio, Mr. BOOZMAN of Arkansas, cannot help themselves; a center and Mr. SHIMKUS of Illinois. The following bill was read the first where, according to a Portland Press time: Herald account, just last year six Safe At 4:01 p.m., a message from the S. 470. A bill to express the sense of Con- Passage students were selected to en- House of Representatives, delivered by gress on Iraq. roll in Guatemala City’s foremost pri- Ms. Niland, one of its reading clerks, The following joint resolution was vate high schools, where the annual announced that the House has passed budget has grown from funds in the read the first time: the following joint resolution, in which H.J. Res. 20. Joint resolution making fur- hundreds to $1.6 million and an em- it requests the concurrence of the Sen- ployee base of 100, and where more ther continuing appropriations for the fiscal ate: year 2007, and for other purposes. than 500 people from Greater Portland H.J. Res. 20. A resolution making further f are counted among an emerging force continuing appropriations for the fiscal year for good of Safe Passage volunteers. 2007, and for other purposes. EXECUTIVE AND OTHER Our thoughts and prayers go out to COMMUNICATIONS Hanley’s parents, Michael and Marina At 4:31 p.m., a message from the The following communications were Denning, and her three brothers, Jor- House of Representatives, delivered by laid before the Senate, together with dan, Seth, and Lucas. Ms. Niland, one of its reading clerks, accompanying papers, reports, and doc- Thank you, Mr. President, for afford- announced that the House has agreed uments, and were referred as indicated: ing me the opportunity to speak about to the following concurrent resolu- EC–562. A communication from the Prin- this truly exceptional Mainer and tions, in which it requests the concur- cipal Deputy Associate Administrator, Office American whose memory will be a last- rence of the Senate: of Policy, Economics and Innovation, Envi- ing inspiration to us all.∑ H. Con. Res. 5. Concurrent resolution ex- ronmental Protection Agency, transmitting, f pressing support for the designation and pursuant to law, the report of a rule entitled goals of ‘‘Hire a Veteran Week’’ and encour- ‘‘Thiabendazole; Pesticide Tolerances for MESSAGES FROM THE HOUSE aging the President to issue a proclamation Emergency Exemptions’’ (FRL No. 8111–1) re- At 11:52 a.m., a message from the supporting those goals. ceived on January 26, 2007; to the Committee House of Representatives, delivered by H. Con. Res. 34. Concurrent resolution hon- on Agriculture, Nutrition, and Forestry. Ms. Niland, one of its reading clerks, oring the life of Perry Lavon Julian, a pio- EC–563. A communication from the Acting Associate Director, Office of Foreign Assets announced that the House has passed neer in the field of organic chemistry re- search and development and the first and Control, Department of the Treasury, trans- the following bills, in which it requests only African American chemist to be in- mitting, pursuant to law, the report of a rule the concurrence of the Senate: ducted into the National Academy of entitled ‘‘Foreign Assets Control Regula- H.R. 49. An act to designate the facility of Sciences. tions’’ (31 CFR Part 500) received on January the United States Postal Service located at The message further announced that 29, 2007; to the Committee on Banking, Hous- 1300 North Frontage Road West in Vail, Colo- ing, and Urban Affairs. rado, as the ‘‘Gerald R. Ford, Jr. Post Office pursuant to section 161(a) of the Trade EC–564. A communication from the Attor- Building’’. Act of 1974 (19 U.S.C. 2211), and the ney Advisor, U.S. Coast Guard, Department H.R. 335. An act to designate the facility of order of the House of January 4, 2007, of Homeland Security, transmitting, pursu- the United States Postal Service located at the Speaker appoints the following ant to law, the report of a rule entitled

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1409 ‘‘Drawbridge Operation Regulations; Amend- Commission, transmitting, pursuant to law, Michael J. Astrue, of Massachusetts, to be ment’’ ((RIN1625–AA36)(USCG 2001–10881)) re- a report relative to the Commission’s com- Commissioner of Social Security for a term ceived on January 29, 2007; to the Committee petitive sourcing efforts during fiscal year expiring January 19, 2013. on Commerce, Science, and Transportation. 2006; to the Committee on Health, Education, *Irving A. Williamson, of New York, to be EC–565. A communication from the Sec- Labor, and Pensions. a Member of the United States International retary of Transportation, transmitting, pur- EC–575. A communication from the Acting Trade Commission for the term expiring suant to law, a report entitled ‘‘Funda- Administrator, Office of Information and June 16, 2014. mental Properties of Asphalts and Modified Regulatory Affairs, Executive Office of the *Dean A. Pinkert, of Virginia, to be a Asphalts—II’’; to the Committee on Com- President, transmitting, pursuant to law, a Member of the United States International merce, Science, and Transportation. report relative to Federal participation in Trade Commission for the term expiring De- EC–566. A communication from the Prin- the development and use of voluntary con- cember 16, 2015. cipal Deputy Associate Administrator, Office sensus standards during fiscal year 2005; to *Nomination was reported with rec- of Policy, Economics and Innovation, Envi- the Committee on Homeland Security and ommendation that it be confirmed sub- ronmental Protection Agency, transmitting Governmental Affairs. ject to the nominee’s commitment to two documents issued by the Agency relative EC–576. A communication from the Direc- respond to requests to appear and tes- to its regulatory programs; to the Com- tor of Legislative Affairs, Office of the Direc- tify before any duly constituted com- mittee on Environment and Public Works. tor of National Intelligence, transmitting, EC–567. A communication from the Prin- mittee of the Senate. pursuant to law, the report of a nomination (Nominations without an asterisk cipal Deputy Associate Administrator, Office for the position of Director of National Intel- of Policy, Economics and Innovation, Envi- ligence, received on January 26, 2007; to the were reported with the recommenda- ronmental Protection Agency, transmitting, Select Committee on Intelligence. tion that they be confirmed.) pursuant to law, the report of a rule entitled f f ‘‘Approval and Promulgation of Air Quality Implementation Plans; Virginia; Emission REPORTS OF COMMITTEES INTRODUCTION OF BILLS AND JOINT RESOLUTIONS Standards for Consumer Products in the The following reports of committees Northern Virginia Volatile Organic Com- were submitted: The following bills and joint resolu- pound Emissions Control Area’’ (FRL No. tions were introduced, read the first 8273–9) received on January 26, 2007; to the By Mr. CONRAD, from the Committee on and second times by unanimous con- the Budget, without amendment: Committee on Environment and Public sent, and referred as indicated: Works. S. Res. 52. An original resolution author- EC–568. A communication from the Prin- izing expenditures by the Committee on the By Mr. REID (for himself, Mrs. LIN- cipal Deputy Associate Administrator, Office Budget. COLN, Mr. BIDEN, Ms. MIKULSKI, Mrs. of Policy, Economics and Innovation, Envi- By Mr. KENNEDY, from the Committee on BOXER, Mr. DURBIN, Mr. SALAZAR, and ronmental Protection Agency, transmitting, Health, Education, Labor, and Pensions, Mr. BROWN): pursuant to law, the report of a rule entitled without amendment: S. 439. A bill to amend title 10, United ‘‘Approval and Promulgation of Air Quality S. Res. 54. An original resolution author- States Code, to permit certain retired mem- Implementation Plans; Michigan; Control of izing expenditures by the Committee on bers of the uniformed services who have a Gasoline Volatility’’ (FRL No. 8274–4) re- Health, Education, Labor, and Pensions. service-connected disability to receive both ceived on January 26, 2007; to the Committee By Mr. AKAKA, from the Committee on disability compensation from the Depart- on Environment and Public Works. Veterans’ Affairs, without amendment: ment of Veterans Affairs for their disability EC–569. A communication from the Fiscal S. Res. 55. An original resolution author- and either retired pay by reason of their Assistant Secretary, Department of the izing expenditures by the Committee on Vet- years of military service or Combat-Related Treasury, transmitting, pursuant to law, a erans’ Affairs. Special Compensation; to the Committee on report relative to the Secretary of the Treas- By Mr. DODD, from the Committee on Armed Services. ury’s actions directed at correcting the ef- Banking, Housing, and Urban Affairs, with- By Mr. ENZI (for himself and Mr. fects of a clerical error by the Social Secu- out amendment: THOMAS): S. 440. A bill to designate the National Mu- rity Administration; to the Committee on S. Res. 56. An original resolution author- seum of Wildlife Art, located at 2820 Rungius Finance. izing expenditures by the Committee on EC–570. A communication from the Chief of Banking, Housing, and Urban Affairs. Road, Jackson, Wyoming, as the ‘‘National the Trade and Commercial Regulations By Mr. HARKIN, from the Committee on Museum of Wildlife Art of the United States’’; to the Committee on Energy and Branch, Customs and Border Protection, De- Agriculture, Nutrition, and Forestry, with- Natural Resources. partment of Homeland Security, transmit- out amendment: By Mr. DURBIN (for himself and Mr. ting, pursuant to law, the report of a rule en- S. Res. 57. An original resolution author- OBAMA): titled ‘‘Conditional Release Period and CBP izing expenditures by the Committee on Ag- S. 441. A bill to permit certain school dis- riculture, Nutrition, and Forestry. Bond Obligations for Food, Drugs, Devices tricts in Illinois to be reconstituted for pur- By Mr. INOUYE, from the Committee on and Cosmetics’’ (RIN1505–AB57) received on poses of determining assistance under the Commerce, Science, and Transportation, January 29, 2007; to the Committee on Fi- Impact Aid program; to the Committee on nance. without amendment: Health, Education, Labor, and Pensions. EC–571. A communication from the Assist- S. Res. 58. An original resolution author- By Mr. DURBIN (for himself, Mr. SPEC- ant Secretary, Office of Legislative Affairs, izing expenditures by the Committee on TER, Mr. LEAHY, Mr. SMITH, Mr. Department of State, transmitting, pursuant Commerce, Science, and Transportation. KERRY, and Ms. COLLINS): to law, the report of a rule entitled ‘‘Amend- By Mr. BAUCUS, from the Committee on S. 442. A bill to provide for loan repayment ment of the International Traffic in Arms Finance, without amendment: for prosecutors and public defenders; to the Regulations: Policy with Respect to Libya S. Res. 59. An original resolution author- Committee on the Judiciary. and Venezuela’’ (22 CFR Part 126) received on izing expenditures by the Committee on Fi- By Mr. SALAZAR (for himself and Mr. January 26, 2007; to the Committee on For- nance. ALLARD): eign Relations. By Mr. LIEBERMAN, from the Committee S. 443. A bill to establish the Sangre de EC–572. A communication from the Sec- on Homeland Security and Governmental Af- Cristo National Heritage Area in the State of retary of Health and Human Services, trans- fairs, without amendment: Colorado, and for other purposes; to the mitting, pursuant to law, a report entitled S. Res. 60. An original resolution author- Committee on Energy and Natural Re- ‘‘Report to Congress on Head Start Moni- izing expenditures by the Committee on sources. toring for Fiscal Year 2005’’; to the Com- Homeland Security and Governmental Af- By Mr. SALAZAR: mittee on Health, Education, Labor, and fairs. S. 444. A bill to establish the South Park Pensions. By Mrs. FEINSTEIN, from the Committee National Heritage Area in the State of Colo- EC–573. A communication from the Direc- on Rules and Administration, without rado, and for other purposes; to the Com- tor, Regulations Policy and Management amendment: mittee on Energy and Natural Resources. Staff, Department of Health and Human S. Res. 63. An original resolution author- By Ms. STABENOW (for herself, Mr. Services, transmitting, pursuant to law, the izing expenditures by the Committee on GRAHAM, and Mr. LEVIN): report of a rule entitled ‘‘Medical Devices; Rules and Administration. S. 445. A bill to establish the position of Immunology and Microbiology Devices; Clas- f Trade Enforcement Officer and a Trade En- sification of Quality Control Material for forcement Division in the Office of the Cystic Fibrosis Nucleic Acid Assays’’ (Dock- EXECUTIVE REPORTS OF United States Trade Representative, to re- et No. 2006N–0517) received on January 26, COMMITTEES quire identification of trade enforcement pri- 2007; to the Committee on Health, Education, The following executive reports of orities, and for other purposes; to the Com- Labor, and Pensions. mittee on Finance. EC–574. A communication from the Deputy nominations were submitted: By Mr. DURBIN: Director of Communications and Legislative By Mr. BAUCUS for the Committee on Fi- S. 446. A bill to amend the Public Health Affairs, Equal Employment Opportunity nance. Service Act to authorize capitation grants to

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1410 CONGRESSIONAL RECORD — SENATE January 31, 2007 increase the number of nursing faculty and S. 456. A bill to increase and enhance law S. 465. A bill to amend titles XVIII and XIX students, and for other purposes; to the Com- enforcement resources committed to inves- of the Social Security Act and title III of the mittee on Health, Education, Labor, and tigation and prosecution of violent gangs, to Public Health Service Act to improve access Pensions. deter and punish violent gang crime, to pro- to information about individuals’ health care By Mr. FEINGOLD: tect law-abiding citizens and communities options and legal rights for care near the end S. 447. A bill to abolish the death penalty from violent criminals, to revise and en- of life, to promote advance care planning and under Federal law; to the Committee on the hance criminal penalties for violent crimes, decisionmaking so that individuals’ wishes Judiciary. to expand and improve gang prevention pro- are known should they become unable to By Mr. FEINGOLD (for himself, Mrs. grams, and for other purposes; to the Com- speak for themselves, to engage health care BOXER, and Mr. LEAHY): mittee on the Judiciary. providers in disseminating information S. 448. A bill to prohibit the use of funds to By Mr. VOINOVICH (for himself, Mr. about and assisting in the preparation of ad- continue deployment of the United States BROWN, Mr. SESSIONS, Mr. BINGAMAN, vance directives, which include living wills Armed Forces in Iraq beyond six months Mrs. CLINTON, Mr. DOMENICI, Mr. and durable powers of attorney for health after the date of the enactment of this Act; KENNEDY, Mr. LIEBERMAN, Mr. LOTT, care, and for other purposes; to the Com- to the Committee on Foreign Relations. and Mr. REED): mittee on Finance. By Mr. BIDEN (for himself, Mr. MCCON- S. 457. A bill to extend the date on which By Mr. ROCKEFELLER (for himself, NELL, Mr. MENENDEZ, Mrs. MURRAY, the National Security Personnel System will Mr. NELSON of Florida, and Mr. and Mr. SPECTER): first apply to certain defense laboratories; to LUGAR): S. 449. A bill to amend title I of the Omni- the Committee on Homeland Security and S. 466. A bill to amend title XVIII of the bus Crime Control and Safe Streets Act of Governmental Affairs. Social Security Act to provide for coverage 1968 to provide standards and procedures to By Mrs. LINCOLN (for herself, Mr. of an end-of-life planning consultation as guide both State and local law enforcement THOMAS, and Mr. PRYOR): part of an initial preventive physical exam- agencies and law enforcement officers during S. 458. A bill to amend title XVIII of the ination under the Medicare program; to the internal investigations, interrogation of law Social Security Act to provide for the treat- Committee on Finance. enforcement officers, and administrative dis- ment of certain physician pathology services By Mr. DODD (for himself, Mr. GRASS- ciplinary hearings, to ensure accountability under the Medicare program; to the Com- LEY, Mr. WYDEN, Mr. BINGAMAN, Mr. of law enforcement officers, to guarantee the mittee on Finance. DURBIN, and Mr. HARKIN): due process rights of law enforcement offi- By Ms. SNOWE (for herself, Ms. S. 467. A bill to amend the Public Health cers, and to require States to enact law en- LANDRIEU, Mr. COCHRAN, Mrs. MUR- Service Act to expand the clinical trials drug forcement discipline, accountability, and due RAY, Mr. LAUTENBERG, Mr. DURBIN, data bank; to the Committee on Health, Edu- process laws; to the Committee on the Judi- Mrs. CLINTON, Mr. SANDERS, Mrs. cation, Labor, and Pensions. ciary. FEINSTEIN, Mrs. BOXER, Ms. CANT- By Mr. GRASSLEY (for himself, Mr. By Mr. ENSIGN (for himself, Mrs. LIN- WELL, Ms. MIKULSKI, Mr. HARKIN, Mr. DODD, Ms. MIKULSKI, and Mr. BINGA- COLN, Mr. CARDIN, Ms. COLLINS, Mr. SCHUMER, and Mr. MENENDEZ): MAN): REED, Mr. WARNER, Mr. GRAHAM, Mr. S. 459. A bill to require that health plans S. 468. A bill to amend the Federal Food, AKAKA, Mr. HAGEL, Mr. HATCH, and provide coverage for a minimum hospital Drug, and Cosmetic Act with respect to drug Mr. DODD): stay for mastectomies, lumpectomies, and safety, and for other purposes; to the Com- S. 450. A bill to amend title XVIII of the lymph node dissection for the treatment of mittee on Health, Education, Labor, and Social Security Act to repeal the medicare breast cancer and coverage for secondary Pensions. outpatient rehabilitation therapy caps; to consultations; to the Committee on Health, By Mr. BAUCUS (for himself and Mr. the Committee on Finance. Education, Labor, and Pensions. GRASSLEY): By Mr. AKAKA (for himself, Mr. COCH- By Ms. SNOWE (for herself and Mr. S. 469. A bill to amend the Internal Rev- RAN, Mr. DODD, Mr. FEINGOLD, and ROCKEFELLER): enue Code of 1986 to make permanent the Mr. DURBIN): S. 460. A bill to make determinations by special rule for contributions of qualified S. 451. A bill to establish a National For- the United States Trade Representative conservation contributions; to the Com- eign Language Coordination Council; to the under title III of the Trade Act of 1974 re- mittee on Finance. Committee on Health, Education, Labor, and viewable by the Court of International Trade By Mr. LEVIN: Pensions. and to ensure that the United States Trade S. 470. A bill to express the sense of Con- By Ms. CANTWELL (for herself, Mrs. Representative considers petitions to enforce gress on Iraq; read the first time. BOXER, and Mr. LAUTENBERG): United States Trade rights, and for other S. 452. A bill to amend title 11, United purposes; to the Committee on Finance. f States Code, to ensure that liable entities By Mr. GRASSLEY: meet environmental cleanup obligations, and S. 461. A bill to amend title 28, United SUBMISSION OF CONCURRENT AND for other purposes; to the Committee on En- States Code, to provide an Inspector General SENATE RESOLUTIONS vironment and Public Works. for the judicial branch, and for other pur- The following concurrent resolutions By Mr. OBAMA (for himself, Mr. SCHU- poses; to the Committee on the Judiciary. and Senate resolutions were read, and MER, Mr. LEAHY, Mr. CARDIN, Mr. By Mr. REID (for himself and Mr. EN- referred (or acted upon), as indicated: FEINGOLD, Mr. KERRY, Mrs. FEIN- SIGN): STEIN, Mrs. CLINTON, Mrs. BOXER, and S. 462. A bill to approve the settlement of By Mr. CONRAD: Mr. KENNEDY): the water rights claims of the Shoshone-Pai- S. Res. 52. An original resolution author- S. 453. A bill to prohibit deceptive prac- ute Tribes of the Duck Valley Indian Res- izing expenditures by the Committee on the tices in Federal elections; to the Committee ervation in Nevada, to require the Secretary Budget; from the Committee on the Budget; on the Judiciary. of the Interior to carry out the settlement, to the Committee on Rules and Administra- By Ms. COLLINS: and for other purposes; to the Committee on tion. S. 454. A bill to provide an increase in fund- Indian Affairs. By Mr. DURBIN (for himself and Mr. ing for Federal Pell Grants, to amend the In- By Mr. MCCAIN (for himself and Mr. OBAMA): ternal Revenue Code of 1986 in order to ex- FEINGOLD): S. Res. 53. A resolution congratulating Illi- pand the deduction for interest paid on stu- S. 463. A bill to amend the Federal Election nois State University as it marks its sesqui- dent loans, raise the contribution limits for Campaign Act of 1971 to clarify when organi- centennial; to the Committee on the Judici- Coverdell Education Savings Accounts, and zations described in section 527 of the Inter- ary. make the exclusion for employer provided nal Revenue Code of 1986 must register as po- By Mr. KENNEDY: educational assistance permanent, and for litical committees, and for other purposes; S. Res. 54. An original resolution author- other purposes; to the Committee on Fi- to the Committee on Rules and Administra- izing expenditures by the Committee on nance. tion. Health, Education, Labor, and Pensions; By Mr. KERRY: By Mr. ROCKEFELLER (for himself, from the Committee on Health, Education, S. 455. A bill to amend the Internal Rev- Ms. COLLINS, and Mr. NELSON of Flor- Labor, and Pensions; to the Committee on enue Code of 1986 to provide tax relief to ac- ida): Rules and Administration. tive duty military personnel and employers S. 464. A bill to amend title XVIII and XIX By Mr. AKAKA: who assist them, and for other purposes; to of the Social Security Act to improve the re- S. Res. 55. An original resolution author- the Committee on Finance. quirements regarding advance directives in izing expenditures by the Committee on Vet- By Mrs. FEINSTEIN (for herself, Mr. order to ensure that an individual’s health erans’ Affairs; from the Committee on Vet- HATCH, Mr. SCHUMER, Mr. SPECTER, care decisions are complied with, and for erans’ Affairs; to the Committee on Rules Mr. BIDEN, Mr. KYL, Mr. STEVENS, other purposes; to the Committee on Fi- and Administration. Ms. CANTWELL, Mr. COLEMAN, Ms. MI- nance. By Mr. DODD: KULSKI, Mr. BAUCUS, Mr. PRYOR, Mr. By Mr. NELSON of Florida (for him- S. Res. 56. An original resolution author- SALAZAR, Mrs. MURRAY, Mr. BROWN, self, Mr. LUGAR, Mr. ROCKEFELLER, izing expenditures by the Committee on Mrs. CLINTON, Mrs. DOLE, Mr. Ms. COLLINS, Mr. DURBIN, and Mr. Banking, Housing, and Urban Affairs; from CORNYN, Mr. KOHL, and Mr. CASEY): BINGAMAN): the Committee on Banking, Housing, and

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1411 Urban Affairs; to the Committee on Rules sponsor of S. 101, a bill to update and LEY) was added as a cosponsor of S. 430, and Administration. reinvigorate universal service provided a bill to amend title 10, United States By Mr. HARKIN: under the Communications Act of 1934. Code, to enhance the national defense S. Res. 57. An original resolution author- S. 166 through empowerment of the Chief of izing expenditures by the Committee on Ag- the National Guard Bureau and the en- riculture, Nutrition, and Forestry; from the At the request of Mr. MCCAIN, the Committee on Agriculture, Nutrition, and name of the Senator from Nevada (Mr. hancement of the functions of the Na- Forestry; to the Committee on Rules and Ad- ENSIGN) was added as a cosponsor of S. tional Guard Bureau, and for other pur- ministration. 166, a bill to restrict any State from poses. By Mr. INOUYE: imposing a new discriminatory tax on At the request of Mr. LEAHY, the S. Res. 58. An original resolution author- cell phone services. names of the Senator from Maryland izing expenditures by the Committee on (Ms. MIKULSKI), the Senator from West S. 233 Commerce, Science, and Transportation; Virginia (Mr. ROCKEFELLER), the Sen- from the Committee on Commerce, Science, At the request of Mr. KENNEDY, the name of the Senator from Connecticut ator from Montana (Mr. BAUCUS), the and Transportation; to the Committee on Senator from Massachusetts (Mr. Rules and Administration. (Mr. DODD) was added as a cosponsor of KERRY) and the Senator from Oregon By Mr. BAUCUS: S. 233, a bill to prohibit the use of (Mr. WYDEN) were added as cosponsors S. Res. 59. An original resolution author- funds for an escalation of United of S. 430, supra. izing expenditures by the Committee on Fi- States military forces in Iraq above the S. 431 nance; from the Committee on Finance; to numbers existing as of January 9, 2007. the Committee on Rules and Administration. At the request of Mr. MCCAIN, the S. 268 By Mr. LIEBERMAN: name of the Senator from Alaska (Mr. At the request of Ms. CANTWELL, the S. Res. 60. An original resolution author- STEVENS) was added as a cosponsor of izing expenditures by the Committee on name of the Senator from Oregon (Mr. S. 431, a bill to require convicted sex Homeland Security and Governmental Af- SMITH) was added as a cosponsor of S. offenders to register online identifiers, fairs; from the Committee on Homeland Se- 268, a bill to designate the Ice Age and for other purposes. curity and Governmental Affairs; to the Floods National Geologic Trail, and for AMENDMENT NO. 115 Committee on Rules and Administration. other purposes. By Mr. KENNEDY (for himself, Mr. At the request of Mr. KYL, the names S. 281 MCCAIN, Mr. AKAKA, Mr. BOND, Mr. of the Senator from Tennessee (Mr. AL- ITTER BURR, Ms. CANTWELL, Mr. CARPER, At the request of Mr. V , the EXANDER) and the Senator from Penn- Mrs. CLINTON, Mr. COCHRAN, Mr. name of the Senator from Ohio (Mr. sylvania (Mr. SPECTER) were added as COLEMAN, Mr. CONRAD, Mr. DODD, VOINOVICH) was added as a cosponsor of cosponsors of amendment No. 115 pro- Mrs. DOLE, Mr. DOMENICI, Mr. DUR- S. 281, a bill to amend title 44 of the posed to H.R. 2, a bill to amend the BIN, Mr. ENSIGN, Mr. GRASSLEY, Mr. United States Code, to provide for the Fair Labor Standards Act of 1938 to ISAKSON, Mr. KERRY, Ms. LANDRIEU, suspension of fines under certain cir- provide for an increase in the Federal Mr. LEAHY, Mr. LEVIN, Ms. MUR- cumstances for first-time paperwork minimum wage. KOWSKI, Mr. PRYOR, Mr. SANDERS, Mr. violations by small business concerns. REID, and Mr. SPECTER): AMENDMENT NO. 209 S. Res. 61. A resolution designating Janu- S. 287 At the request of Mr. KYL, the name ary 2007 as ‘‘National Mentoring Month’’; At the request of Mr. KENNEDY, the of the Senator from Pennsylvania (Mr. considered and agreed to. name of the Senator from Connecticut SPECTER) was added as a cosponsor of By Mr. VITTER (for himself and Ms. (Mr. DODD) was added as a cosponsor of amendment No. 209 proposed to H.R. 2, LANDRIEU): S. 287, a bill to prohibit the use of a bill to amend the Fair Labor Stand- S. Res. 62. A resolution recognizing the funds for an escalation of United ards Act of 1938 to provide for an in- goals of Catholic Schools Week and honoring States military forces in Iraq above the crease in the Federal minimum wage. the valuable contributions of Catholic schools in the United States; considered and numbers existing as of January 9, 2007. f S. 380 agreed to. STATEMENTS ON INTRODUCED At the request of Mr. WYDEN, the By Mrs. FEINSTEIN: BILLS AND JOINT RESOLUTIONS S. Res. 63. An original resolution author- name of the Senator from West Vir- izing expenditures by the Committee on ginia (Mr. ROCKEFELLER) was added as By Mr. REID (for himself, Mrs. Rules and Administration; from the Com- a cosponsor of S. 380, a bill to reauthor- LINCOLN, Mr. BIDEN, Ms. MIKUL- mittee on Rules and Administration; placed ize the Secure Rural Schools and Com- SKI, Mrs. BOXER, Mr. DURBIN, on the calendar. munity Self-Determination Act of 2000, Mr. SALAZAR, and Mr. BROWN): By Mr. OBAMA (for himself, Mr. DUR- S. 439. A bill to amend title 10, BIN, Mr. DODD, Mr. LUGAR, Mr. and for other purposes. S. 381 United States Code, to permit certain LIEBERMAN, and Mr. BAYH): retired members of the uniformed serv- S. Con. Res. 5. A concurrent resolution At the request of Mr. INOUYE, the honoring the life of Percy Lavon Julian, a name of the Senator from Delaware ices who have a service-connected dis- ability to receive both disability com- pioneer in the field of organic chemistry and (Mr. CARPER) was added as a cosponsor pensation from the Department of Vet- the first and only African-American chemist of S. 381, a bill to establish a fact-find- erans Affairs for their disability and ei- to be inducted into the National Academy of ing Commission to extend the study of Sciences; to the Committee on the Judiciary. ther retired pay by reason of their a prior Commission to investigate and By Mr. ENZI (for himself and Mr. years of military service or Combat- determine facts and circumstances sur- THOMAS): Related Special Compensation; to the rounding the relocation, internment, S. Con. Res. 6. A concurrent resolution ex- Committee on Armed Services. pressing the sense of Congress that the Na- and deportation to Axis countries of Mr. REID. Mr. President, we are tional Museum of Wildlife Art, located in Latin Americans of Japanese descent going to have a debate on Iraq, and it Jackson, Wyoming, should be designated as from December 1941 through February the ‘‘National Museum of Wildlife Art of the will be a historic debate about that 1948, and the impact of those actions by war, a war that has demanded unparal- United States’’; to the Committee on Energy the United States, and to recommend and Natural Resources. leled sacrifices from our men and appropriate remedies, and for other By Mr. WARNER (for himself, Mr. NEL- women in uniform. SON of Nebraska, Ms. COLLINS, Mr. purposes. While we have our disagreements LEVIN, and Ms. SNOWE): S. 408 with the President’s conduct of the S. Con. Res. 7. A concurrent resolution ex- At the request of Mr. CHAMBLISS, the war, all 100 Senators stand side by side pressing the sense of Congress on Iraq; to the name of the Senator from Montana in supporting our troops. They have Committee on Foreign Relations. (Mr. BAUCUS) was added as a cosponsor done everything asked of them, car- f of S. 408, a bill to recognize the herit- rying out a difficult mission with age of hunting and provide opportuni- honor and skill. We as a country owe ADDITIONAL COSPONSORS ties for continued hunting on Federal the brave men and women in our mili- S. 101 public land. tary a debt of gratitude and have re- At the request of Mr. STEVENS, the S. 430 sponsibility to ensure our veterans re- name of the Senator from South Da- At the request of Mr. BOND, the name ceive both the thanks of a grateful na- kota (Mr. THUNE) was added as a co- of the Senator from Iowa (Mr. GRASS- tion and the benefits they have earned,

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1412 CONGRESSIONAL RECORD — SENATE January 31, 2007 and that is a subject I would like to In 2000, I introduced legislation to SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RE- discuss briefly this morning. eliminate this unfair policy for the TIRED PAY AND VETERANS’ DIS- ABILITY COMPENSATION FOR CER- About 8 years ago, one of my staff first time. I did it at the end of the TAIN MILITARY RETIREES WITH came to me and said: Senator, do you 106th Congress. This legislation passed COMPENSABLE SERVICE-CON- realize that if a person is disabled in the Senate but was removed by the NECTED DISABILITIES. the military and retires from the mili- House during conference. So I reintro- (a) EXTENSION OF CONCURRENT RECEIPT AU- tary, they cannot draw on both their duced the legislation in the 107th Con- THORITY TO RETIREES WITH SERVICE-CON- NECTED DISABILITIES RATED LESS THAN 50 benefits? I said: What? And he repeated gress, in both 2001 and 2002. Unfortu- that. If you are in the military and you PERCENT.— nately, it was once again adopted by (1) REPEAL OF 50 PERCENT REQUIREMENT.— become disabled and you retire, you the Senate but removed in conference. Section 1414 of title 10, United States Code, cannot draw both your benefits. I In 2003, I proposed legislation to is amended by striking paragraph (2) of sub- thought my staffer didn’t know what section (a). he was talking about, but he did. That allow disabled veterans with at least a 50-percent disability rating to become (2) COMPUTATION.—Paragraph (1) of sub- was the law in our country and had section (c) of such section is amended by been for many years, and it was a eligible for full concurrent receipt over adding at the end the following new subpara- wrong law. That law is still mostly in a 10-year phase-in period. Despite veto graph: effect, and that is too bad. threats from the Bush administration, ‘‘(G) For a month for which the retiree re- When someone who is disabled retires Congress passed this very important ceives veterans’ disability compensation for from the U.S. military, he or she can- version of concurrent receipt. a disability rated as 40 percent or less or has a service-connected disability rated as zero not draw on both their benefits. If you In 2004, I took it a step further. I in- percent, $0.’’. retire from any other branch of the troduced legislation to eliminate the (b) REPEAL OF PHASE-INOFCONCURRENT Federal Government, such as the Bu- 10-year phase-in period for veterans RECEIPT FOR RETIREES WITH SERVICE-CON- reau of Land Management, you can with a 100-percent disability. The moti- NECTED DISABILITIES RATED AS TOTAL.—Sub- draw both your disability pay and your vation here was to get concurrent re- section (a)(1) of such section is amended by retirement pay but, no, not if you are ceipt to the most severely disabled vet- striking ‘‘except that’’ and all that follows in the military. These people have been erans. We thought many of these vet- and inserting ‘‘except— robbed of their benefits, in my opinion, erans would never see the benefits with ‘‘(A) in the case of a qualified retiree re- and I refer specifically to thousands of ceiving veterans’ disability compensation for a 10-year phase-in. They are old World a disability rated as 100 percent, payment of men and women who have been denied War II veterans, where the average age retired pay to such veteran is subject to sub- their retirement because of an unfair is well over 80 now, and to think they section (c) only during the period beginning policy referred to as concurrent re- would have to wait 10 years for a on January 1, 2004, and ending on December ceipt. phase-in isn’t very fair. 31, 2004; and By law, disabled veterans, as I have In 2005, we focused on the most se- ‘‘(B) in the case of a qualified retiree re- said, cannot collect disability pay and ceiving veterans’ disability compensation for verely disabled veterans and success- retirement pay at the same time. What a disability rated as total by reason of fully eliminated the 10-year phase-in does this mean? It means for every dol- unemployability, payment of retired pay to for veterans listed as unemployable. I lar of compensation a disabled veteran such veteran is subject to subsection (c) only was pleased with the passage of that receives as a result of their injuries, during the period beginning on January 1, 2005 amendment but disappointed that 2004, and ending on December 31, 2007.’’. they must sacrifice a dollar of their re- the conference committee chose not to (c) CLERICAL AMENDMENTS.— tirement pay they earned in the service enact this valuable legislation for vet- (1) The heading for section 1414 of such of our Nation. In many cases, this ban erans rated as unemployable until 2009. title is amended to read as follows: takes away a veteran’s full retirement So in 2006, I sought to get unemploy- ‘‘§ 1414. Members eligible for retired pay who pay, wiping away the benefits he or she are also eligible for veterans’ disability earned in 20 or more years of service. able veterans immediate relief, but we didn’t act. Congress didn’t act. compensation: concurrent payment of re- That is wrong. tired pay and disability compensation’’. So here we are in 2007, back at it Concurrent receipt is a special tax on (2) The item relating to such section in the the men and women who keep us safe. again. Today, concurrent receipt re- table of sections at the beginning of chapter Few veterans can afford to live on their mains one of my highest priorities. It 71 of such title is amended to read as follows: retirement pay alone. Those burdened is a priority, I believe, in fairness. We ‘‘1414. Members eligible for retired pay who with disability face an even greater need to continue to chip away at this are also eligible for veterans’ struggle, often denied any postservice policy, and I am committed to that disability compensation: con- work. They receive disability com- goal 100 percent, so that 100 percent of current payment of retired pay pensation to pay for pain, suffering, disabled veterans get the money they and disability compensation.’’. and loss of future earnings caused by a earn in being part of the great fighting (d) EFFECTIVE DATE.—The amendments service-connected illness or injury. No force of this Nation. made by this section shall take effect on other Federal retiree is forced to make January 1, 2008, and shall apply to payments We are blessed in this country to be for months beginning on or after that date. forfeit of their retirement—only our defended by an All-Volunteer Army. SEC. 3. COORDINATION OF SERVICE ELIGIBILITY disabled military retirees. This is not These patriots put their lives and safe- FOR COMBAT-RELATED SPECIAL just an error, it is a disgrace. ty on the line because they love this COMPENSATION AND CONCURRENT Of course, concurrent receipt is not a country. I believe it is time for this RECEIPT. new problem. I hope most everyone in country and this Congress to repay (a) ELIGIBILITY FOR TERA RETIREES.—Sub- section (c) of section 1413a of title 10, United the Senate knows about it. This is the their service and sacrifice, and that is seventh year I have introduced legisla- States Code, is amended by striking ‘‘enti- why I am reintroducing today the Re- tled to retired pay who—’’ and inserting tion to give disabled veterans the sup- tired Pay Restoration Act of 2007. port they have earned, and I will con- ‘‘who— ‘‘(1) is entitled to retired pay, other than a tinue fighting until we succeed, ending Mr. President, I ask unanimous con- sent that the text of this legislation be member retired under chapter 61 of this title this unacceptable policy. with less than 20 years of service creditable printed in the RECORD. I first of all want to suggest that the under section 1405 of this title and less than two managers of the Defense bill, every There being no objection, the text of 20 years of service computed under section year since I have worked on this, have the bill was ordered to be printed in 12732 of this title; and been Senator WARNER and Senator the RECORD, as follows: ‘‘(2) has a combat-related disability.’’. LEVIN, and they have helped me. I ap- (b) AMENDMENTS TO STANDARDIZE SIMILAR S. 439 preciate that very much. They have PROVISIONS.— been thoughtful and understanding in Be it enacted by the Senate and House of Rep- (1) CLERICAL AMENDMENT.—The heading for paragraph (3) of section 1413a(b) of such title their approach to this issue. What has resentatives of the United States of America in Congress assembled, is amended by striking ‘‘RULES’’ and insert- happened these past 7 years is good but ing ‘‘RULE’’. not really good. We have chipped away SECTION 1. SHORT TITLE. (2) QUALIFIED RETIREES.—Subsection (a) of at this unfair policy of concurrent re- This Act may be cited as the ‘‘Retired Pay section 1414 of such title, as amended by sec- ceipt. Restoration Act of 2007’’. tion 2(a), is amended—

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1413 (A) by striking ‘‘a member or’’ and all that amount received by the North Chicago Com- Our bill, the John R. Justice Pros- follows through ‘‘retiree’)’’ and inserting ‘‘a munity Unit School District 187 under such ecutors and Defenders Incentive Act, is qualified retiree’’; and section; and designed to help remedy some of these (B) by adding at the end the following new (2) any amount apportioned among all such problems. The availability of student paragraph: school districts pursuant to paragraph (1) is loan repayment can be a powerful in- ‘‘(2) QUALIFIED RETIREES.—For purposes of used by such school districts only for the di- this section, a qualified retiree, with respect rect provision of educational services. centive for attracting talented new to any month, is a member or former mem- lawyers to public service employment. ber of the uniformed services who— By Mr. DURBIN (for himself, Mr. Our proposal complements loan for- ‘‘(A) is entitled to retired pay, other than SPECTER, Mr. LEAHY, Mr. giveness options that currently exist in the case of a member retired under chap- SMITH, Mr. KERRY, and Ms. COL- for Federal prosecutors. Passage of this ter 61 of this title with less than 20 years of LINS): bill will help make prosecutor and pub- service creditable under section 1405 of this S. 442. A bill to provide for loan re- lic defender jobs at all levels of govern- title and less than 20 years of service com- payment for prosecutors and public de- ment more attractive and financially puted under section 12732 of this title; and ‘‘(B) is also entitled for that month to vet- fenders; to the Committee on the Judi- viable for law school graduates who erans’ disability compensation.’’. ciary. have incurred significant educational (3) DISABILITY RETIREES.—Subsection (b) of Mr. DURBIN. Mr. President, I rise debt. section 1414 of such title is amended— today to introduce the John R. Justice Our bill is named after the late John (A) by striking ‘‘SPECIAL RULES’’ in the Prosecutors and Defenders Incentive R. Justice, former president of the Na- subsection heading and all that follows Act of 2007. I am honored to have the tional District Attorneys Association through ‘‘is subject to’’ and inserting ‘‘SPE- support and cosponsorship of Senator and a distinguished prosecutor from CIAL RULE FOR CHAPTER 61 DISABILITY RETIR- LEAHY and Senator SPECTER, the chair- the State of South Carolina. John Jus- EES.—In the case of a qualified retiree who is man and ranking member of the Judi- retired under chapter 61 of this title, the re- tice was instrumental in promoting ciary Committee, on this important student loan repayment efforts for law tired pay of the member is subject to’’; and legislation. I look forward to working (B) by striking paragraph (2). school graduates seeking to work in closely with Chairman LEAHY and (c) EFFECTIVE DATE.—The amendments public service. This bill is a fitting made by this section shall take effect on Ranking Member SPECTER to advance tribute to his dedicated efforts. January 1, 2008, and shall apply to payments it through the Judiciary Committee The need for this legislation is evi- for months beginning on or after that date. and secure its enactment into law. I dent. In recent years, the costs of a law also appreciate the cosponsorship of school education have skyrocketed. Re- By Mr. DURBIN (for himself and Senator SMITH, Senator KERRY and searchers found that tuition increased Mr. OBAMA): Senator COLLINS on this bipartisan bill. about 340 percent from 1985 to 2002 for S. 441. A bill to permit certain school Our bill seeks to enhance our crimi- private law school students and for districts in Illinois to be reconstituted nal justice system by encouraging tal- out-of-State students at public law for purposes of determining assistance ented law school graduates to serve as schools. In-State students at public law criminal prosecutors and public defend- under the Impact Aid program; to the schools saw their tuition jump about ers. The bill would establish a student Committee on Health, Education, 500 percent during that time. In 2005, loan repayment program for qualified Labor, and Pensions. the average annual tuition was $28,900 attorneys who agree to remain em- Mr. DURBIN. Mr. President, I ask for private law schools, $22,987 for non- ployed for at least 3 years as State or unanimous consent that the text of the resident students at public law schools, local criminal prosecutors, or as State, bill be printed in the RECORD. and $13,145 for resident students at pub- local, or Federal public defenders in There being no objection, the text of lic law schools. These tuition costs do the bill was ordered to be printed in criminal cases. This legislation is supported by the not include the costs of food, lodging, the RECORD, as follows: books, fees and personal expenses over S. 441 American Bar Association, the Na- tional District Attorneys Association, 3 years of law school. Be it enacted by the Senate and House of Rep- Unsurprisingly, the vast majority of resentatives of the United States of America in the National Association of Prosecutor Coordinators, the National Legal Aid law students—over 80 percent—must Congress assembled, borrow funds to finance their legal edu- SECTION 1. ELIGIBILITY FOR IMPACT AID PAY- and Defender Association, and the Na- tional Association of Criminal Defense cation. According to the American Bar MENT. Association, the average total cumu- (a) LOCAL EDUCATIONAL AGENCIES.—Not- Lawyers. withstanding section 8013(9)(B) of the Ele- For our criminal justice system to lative educational debt for law school mentary and Secondary Education Act of function effectively, we need to have a graduates in the class of 2005 was 1965 (20 U.S.C. 7713(9)(B)), North Chicago sufficient supply of dedicated and com- $78,763 for private schools and $51,056 Community Unit School District 187, North petent attorneys working in prosecutor for public schools. Two-thirds of law Shore District 112, and Township High and public defender offices. However, students generally carry additional un- School District 113 in Lake County, Illinois, many qualified law school graduates paid debt from their undergraduate and Glenview Public School District 34 and who have a strong motivation to work studies. These education debts are seri- Glenbrook High School District 225 in Cook ous financial obligations that must be County, Illinois, shall be considered local in the public sector find it economi- educational agencies as such term is used in cally impossible due to the over- repaid, as any default on a loan trig- and for purposes of title VIII of such Act. whelming burden of student loan debt. gers significant consequences. (b) COMPUTATION.—Notwithstanding any The legal profession and our commu- Many law students graduate with a other provision of law, federally connected nities pay a severe price when law deep commitment to pursuing a career children (as determined under section 8003(a) graduates are shut out from pursuing in public service. However, they need a of the Elementary and Secondary Education public service careers due to edu- level of income sufficient to meet the Act of 1965 (20 U.S.C. 7703(a))) who are in at- cational debt. When prosecutor and demands of their educational loan li- tendance in the North Shore District 112, public defender offices cannot attract abilities, and public service salaries Township High School District 113, Glenview have not kept up with rising law school Public School District 34, and Glenbrook new lawyers or keep experienced ones, High School District 225 described in sub- their ability to protect the public in- debt burdens. From 1985 to 2002, while section (a), shall be considered to be in at- terest is compromised. Such offices law school tuition increased 340 per- tendance in the North Chicago Community may find themselves unable to take on cent for private law school students Unit School District 187 described in sub- new cases due to staffing shortages, and 500 percent for in-state students at section (a) for purposes of computing the and their existing staff may be forced public law schools, salaries for public amount that the North Chicago Community to handle unmanageable workloads. service lawyers such as prosecutors and Unit School District 187 is eligible to receive Cases may suffer from lengthy and un- public defenders increased by just 70 under subsection (b) or (d) of such section percent. According to the National As- if— necessary delays, and some cases may (1) such school districts have entered into be mishandled by inexperienced or sociation for Law Placement, NALP, an agreement for such students to be so con- overworked attorneys. As a result, in- the median entry-level salary for pub- sidered and for the equitable apportionment nocent people may be sent to jail, and lic defenders is $43,000. With 11 to 15 among all such school districts of any criminals may go free. years of experience, the median salary

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1414 CONGRESSIONAL RECORD — SENATE January 31, 2007 increases only to $65,500. The salary with enormous hurdles in attracting preceding fiscal year and who have progression for State prosecuting at- first-rate candidates to pursue a career completed less than three years of the torneys is similar, starting at around with the Cook County State’s Attor- first required service period. Borrowers $46,000 and progressing to about $68,000 ney’s Office. We simply cannot afford could enter into an additional agree- for those with 11 to 15 years of experi- to pay new assistants a salary high ment, after the required three-year pe- ence. enough to offset the enormous debt riod, for a successive period of service Many law school graduates can earn load that follows them from their law which may be less than three years. much more and repay their student school graduation.’’ Attorneys who do not complete their loans much faster by entering the pri- His letter also stated: ‘‘We are ob- required period of service would be re- vate sector. According to a NALP sur- serving an exodus of talent at about quired to repay the government. vey, in 2005 the median salary for first- the three to five year experience mark In addition to covering those who year attorneys at law firms ranged in the office when assistants are no agree to serve in State and local pros- from $67,500 in firms of 2 to 25 attor- longer able to postpone life events such ecutor and defender offices, our bill neys to $135,000 in firms of 500 attor- as marriage, home ownership, and complements existing loan forgiveness neys or more. The median first-year starting a family. We are losing much programs that are currently available salary for all firms participating in the of our best talent before they even for Federal prosecutors by making loan survey was $100,000. When choosing be- have a chance to put their skills to use relief available to Federal public de- tween a private sector job and a job as in felony cases.’’ fenders as well. a prosecutor or defender, talented law I also received a copy of a letter from Our bill is modeled on a loan repay- graduates with large debt burdens Michael Judge, Chief Defender of the ment program that has been created must take into consideration this sal- Los Angeles County Public Defender for Federal executive branch employ- ary differential. Office, the oldest and largest such of- ees and that has enjoyed growing suc- It is clear that large student debt de- fice in the Nation. His letter states the cess. Federal law currently permits ters many law graduates from pursuing following about his office’s efforts to Federal executive branch agencies to public service careers. According to a recruit new lawyers: ‘‘It became nec- repay their employees’ student loans, national survey of 1,622 students from essary to expand the ambit of recruit- up to $10,000 in a year, and up to a life- 117 law schools conducted by Equal ing from locally to statewide, to the time maximum of $60,000. In exchange, Justice Works, the Partnership for western region of the country and now the employee must agree to remain Public Service, and NALP in 2002, 66 to the entire nation to ensure the suc- with the agency for at least three percent of respondents stated that law cess of our recruiting in the face of the years. According to the Office of Per- school debt prevented them from con- deterrent of crushing student loan sonnel Management (OPM), during fis- sidering a public interest or govern- debt. . . . In some sense we are ‘poach- cal year 2005 there were 479 lawyers ment job. ing’ in the territory of other defender working in Federal agencies who re- Some law graduates initially accept offices. . . . I have experienced more ceived loan repayments under this pro- public service jobs despite their high ‘turndowns’ of employment offers in gram, including 242 lawyers for the Se- debt burdens. However, many attor- the recent past than during my first 9 curities and Exchange Commission and neys cannot repay their loan obliga- or 10 years as Chief Defender. I at- 85 attorneys for the Department of Jus- tions as well as pay all their other liv- tribute that to the ‘ice cold water in tice. According to OPM, Federal agen- ing expenses on a government salary. the face syndrome’ experienced by mo- cies across the board say that the pro- Attorneys who begin careers in public tivated candidates making the final gram has been of tremendous benefit in service, and who would like to remain, net calculations and discovering a de- recruiting and retaining attorneys. frequently leave after a few years when fender career can be an adventure in As I have worked on behalf of our they find their debts are hindering deficit financing.’’ legislation, I have been moved by the their ability to provide for themselves, It harms the public interest when personal stories of attorneys who have much less support their families or communities face a shortage of attor- been trying to embark on a career of save for retirement. neys who can effectively prosecute public service but have been struggling Many public service employers report cases and provide criminal defendants because of student loans. One compel- having a difficult time attracting and with their constitutional right to coun- ling letter I received came from Aisha retaining talented law graduates. Pros- sel. Sadly, these situations occur all Cornelius, an Assistant State’s Attor- ecutor and public defender offices too frequently. We can—and should—do ney in Cook County, Illinois. Her letter across the country have vacancies they more to help prosecutor and public de- said the following: ‘‘I am a full-time cannot fill because new law graduates fender offices recruit and retain attor- prosecutor in Cook County. I wanted cannot afford to work for them. Alter- neys in the face of increasing student this job because I desired to use my law natively, those who do hire law grad- debt burdens and higher private sector degree for public service. Although uates find that, because of educational salaries. making a lot of money was not my pri- debt burdens, those whom they do hire Our legislation would help by estab- mary goal, I had hoped at least for fi- leave just at the point when they have lishing, within the Department of Jus- nancial stability. This, however, is dif- acquired the experience to provide the tice, a program of student loan repay- ficult to accomplish as my student most valuable services. According to a ment for borrowers who agree to re- loan payments take up a considerable Bureau of Justice Statistics survey, 24 main employed for at least three years amount of my income. I have more percent of state prosecutors’ offices re- as State or local criminal prosecutors, than $100,000 in student loan debt. I am ported problems in 2005 with recruiting or as State, local, or Federal public de- also a single mother with a five-year- new attorneys, and 35 percent reported fenders in criminal cases. It would old daughter in kindergarten. In order problems in retaining attorneys. An- allow eligible attorneys to receive stu- to work, I have to pay for before- and other survey administered by Equal dent loan debt repayments of up to after-school care for her. . . . I depleted Justice Works and the National Legal $10,000 per year, with a maximum ag- my savings while studying for the bar Aid & Defender Association in 2002 gregate over time of $60,000. The bill exam last year and I essentially live found that over 60 percent of public in- would cover student loans made, in- check to check. In order to supplement terest law employers, including state sured, or guaranteed under the Higher my income, I sell cosmetics and skin and local prosecutor and public de- Education Act of 1965, including con- care. I am also in the process of apply- fender offices, reported difficulty in at- solidation loans. ing for a part-time evening teaching torney recruitment and retention. Under our bill, repayment benefits position. I love my job and serving the I recently received a letter from Ber- for public sector attorneys would be greater good. The only reason I would nard Murray, President of the Prosecu- made available on a first-come, first- ever leave public service is if I could no tors Bar Association and Chief of the served basis, and would be subject to longer afford to stay. This is much Criminal Prosecutions Bureau for the the availability of appropriations. Pri- more of a possibility than I would like Cook County State’s Attorney’s Office ority would be given to borrowers who it to be. Loan repayment assistance in Chicago. He wrote: ‘‘[W]e are faced received repayment benefits for the would help me stay longer in a position

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1415 that allows me to serve the community U.S.C. 1078–3 and 1087e(g)) to the extent that ‘‘(1) IN GENERAL.—On completion of the re- during the day while giving me the such loan was used to repay a Federal Direct quired period of service under an agreement freedom and peace of mind to focus Stafford Loan, a Federal Direct Unsubsidized under subsection (d), the borrower and the [on] my daughter at night.’’ Stafford Loan, or a loan made under section Attorney General may, subject to paragraph I appreciate Ms. Cornelius’s willing- 428 or 428H of such Act. (2), enter into an additional agreement in ac- cordance with subsection (d). ness to share her story with me. By en- ‘‘(c) PROGRAM AUTHORIZED.—The Attorney General shall establish a program by which ‘‘(2) TERM.—An agreement entered into acting and funding this legislation, we the Department of Justice shall assume the under paragraph (1) may require the bor- can take a meaningful step toward al- obligation to repay a student loan, by direct rower to remain employed as a prosecutor or leviating some of the financial burden payments on behalf of a borrower to the public defender for less than 3 years. for attorneys such as Ms. Cornelius holder of such loan, in accordance with sub- ‘‘(f) AWARD BASIS; PRIORITY.— who choose careers as criminal pros- section (d), for any borrower who— ‘‘(1) AWARD BASIS.—Subject to paragraph ecutors and public defenders. ‘‘(1) is employed as a prosecutor or public (2), the Attorney General shall provide re- I know there are many other law defender; and payment benefits under this section on a graduates who, like Aisha Cornelius, ‘‘(2) is not in default on a loan for which first-come, first-served basis, and subject to the availability of appropriations. want to apply their legal training and the borrower seeks forgiveness. ‘‘(2) PRIORITY.—The Attorney General shall develop their skills in the public sec- ‘‘(d) TERMS OF AGREEMENT.— ‘‘(1) IN GENERAL.—To be eligible to receive give priority in providing repayment bene- tor, but are deterred by the weight of repayment benefits under subsection (c), a fits under this section in any fiscal year to a student loan obligations. Passage of borrower shall enter into a written agree- borrower who— the John R. Justice Prosecutors and ment that specifies that— ‘‘(A) received repayment benefits under Defenders Incentive Act will help them ‘‘(A) the borrower will remain employed as this section during the preceding fiscal year; make their career dreams a reality. I a prosecutor or public defender for a required and urge its swift adoption. period of service of not less than 3 years, un- ‘‘(B) has completed less than 3 years of the I ask unanimous consent that the less involuntarily separated from that em- first required period of service specified for text of the bill be printed in the ployment; the borrower in an agreement entered into under subsection (d). RECORD. ‘‘(B) if the borrower is involuntarily sepa- rated from employment on account of mis- ‘‘(g) REGULATIONS.—The Attorney General There being no objection, the text of is authorized to issue such regulations as the bill was ordered to be printed in conduct, or voluntarily separates from em- ployment, before the end of the period speci- may be necessary to carry out the provisions the RECORD, as follows: fied in the agreement, the borrower will of this section. S. 442 repay the Attorney General the amount of ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— Be it enacted by the Senate and House of Rep- any benefits received by such employee There are authorized to be appropriated to resentatives of the United States of America in under this section; carry out this section $25,000,000 for fiscal Congress assembled, ‘‘(C) if the borrower is required to repay an year 2008 and such sums as may be necessary SECTION 1. SHORT TITLE. amount to the Attorney General under sub- for each succeeding fiscal year.’’. This Act may be cited as the ‘‘John R. Jus- paragraph (B) and fails to repay such tice Prosecutors and Defenders Incentive Act amount, a sum equal to that amount shall be By Mr. DURBIN: of 2007’’. recoverable by the Federal Government from S. 446. A bill to amend the Public SEC. 2. LOAN REPAYMENT FOR PROSECUTORS the employee (or such employee’s estate, if Health Service Act to authorize capita- AND DEFENDERS. applicable) by such methods as are provided tion grants to increase the number of Title I of the Omnibus Crime Control and by law for the recovery of amounts owed to nursing faculty and students, and for Safe Streets Act of 1968 (42 U.S.C. 3711 et the Federal Government; other purposes; to the Committee on seq.) is amended by adding at the end the fol- ‘‘(D) the Attorney General may waive, in Health, Education, Labor, and Pen- lowing: whole or in part, a right of recovery under sions. ‘‘PART JJ—LOAN REPAYMENT FOR this subsection if it is shown that recovery PROSECUTORS AND PUBLIC DEFENDERS would be against equity and good conscience Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the ‘‘SEC. 3111. GRANT AUTHORIZATION. or against the public interest; and ‘‘(a) PURPOSE.—The purpose of this section ‘‘(E) the Attorney General shall make stu- bill be printed in the RECORD. is to encourage qualified individuals to enter dent loan payments under this section for There being no objection, the text of and continue employment as prosecutors and the period of the agreement, subject to the the bill was ordered to be printed in public defenders. availability of appropriations. the RECORD, as follows: ‘‘(2) REPAYMENTS.— ‘‘(b) DEFINITIONS.—In this section: S. 446 ‘‘(1) PROSECUTOR.—The term ‘prosecutor’ ‘‘(A) IN GENERAL.—Any amount repaid by, means a full-time employee of a State or or recovered from, an individual or the es- Be it enacted by the Senate and House of Rep- local agency who— tate of an individual under this subsection resentatives of the United States of America in ‘‘(A) is continually licensed to practice shall be credited to the appropriation ac- Congress assembled, law; and count from which the amount involved was SECTION 1. SHORT TITLE. ‘‘(B) prosecutes criminal cases at the State originally paid. This Act may be cited as the ‘‘Nurse Edu- or local level. ‘‘(B) MERGER.—Any amount credited under cation, Expansion, and Development Act of ‘‘(2) PUBLIC DEFENDER.—The term ‘public subparagraph (A) shall be merged with other 2007’’. defender’ means an attorney who— sums in such account and shall be available SEC. 2. FINDINGS. ‘‘(A) is continually licensed to practice for the same purposes and period, and sub- The Congress finds as follows: law; and ject to the same limitations, if any, as the (1) While the Nurse Reinvestment Act ‘‘(B) is— sums with which the amount was merged. (Public Law 107–205) helped to increase appli- ‘‘(i) a full-time employee of a State or ‘‘(3) LIMITATIONS.— cations to schools of nursing by 125 percent, local agency or a nonprofit organization op- ‘‘(A) STUDENT LOAN PAYMENT AMOUNT.— schools of nursing have been unable to ac- erating under a contract with a State or unit Student loan repayments made by the Attor- commodate the influx of interested students of local government, that provides legal rep- ney General under this section shall be made because they have an insufficient number of resentation to indigent persons in criminal subject to such terms, limitations, or condi- nurse educators. It is estimated that— cases; or tions as may be mutually agreed upon by the (A) in the 2006–2007 school year— ‘‘(ii) employed as a full-time Federal de- borrower and the Attorney General in an (i) 66.6 percent of schools of nursing had fender attorney in a defender organization agreement under paragraph (1), except that from 1 to 18 vacant faculty positions; and established pursuant to subsection (g) of sec- the amount paid by the Attorney General (ii) an additional 16.7 percent of schools of tion 3006A of title 18, United States Code, under this section shall not exceed— nursing needed additional faculty, but that provides legal representation to indi- ‘‘(i) $10,000 for any borrower in any cal- lacked the resources needed to add more po- gent persons in criminal cases. endar year; or sitions; and ‘‘(3) STUDENT LOAN.—The term ‘student ‘‘(ii) an aggregate total of $60,000 in the (B) 41,683 eligible candidates were denied loan’ means— case of any borrower. admission to schools of nursing in 2005, pri- ‘‘(A) a loan made, insured, or guaranteed ‘‘(B) BEGINNING OF PAYMENTS.—Nothing in marily due to an insufficient number of fac- under part B of title IV of the Higher Edu- this section shall authorize the Attorney ulty members. cation Act of 1965 (20 U.S.C. 1071 et seq.); General to pay any amount to reimburse a (2) A growing number of nurses with doc- ‘‘(B) a loan made under part D or E of title borrower for any repayments made by such toral degrees are choosing careers outside of IV of the Higher Education Act of 1965 (20 borrower prior to the date on which the At- education. Over the last few years, 22.5 per- U.S.C. 1087a et seq. and 1087aa et seq.); and torney General entered into an agreement cent of doctoral nursing graduates reported ‘‘(C) a loan made under section 428C or with the borrower under this subsection. seeking employment outside the education 455(g) of the Higher Education Act of 1965 (20 ‘‘(e) ADDITIONAL AGREEMENTS.— profession.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1416 CONGRESSIONAL RECORD — SENATE January 31, 2007 (3) In 2006 the average age of nurse faculty (1)(A) who is enrolled in a graduate program ‘‘(E) Increasing admissions, enrollment, at retirement is 63.1 years. With the average in nursing leading to a doctoral degree or an and retention of qualified individuals who age of doctorally-prepared nurse faculty at equivalent degree; are financially disadvantaged. 54.7 years in 2005, a wave of retirements is ex- ‘‘(C) for more than 3 fiscal years in the ‘‘(F) Increasing enrollment of minority and pected within the next 10 years. case of a student described in paragraph diverse student populations. (4) Master’s and doctoral programs in nurs- (1)(B); or ‘‘(G) Increasing enrollment of new grad- ing are not producing a large enough pool of ‘‘(D) for more than 2 fiscal years in the uate baccalaureate nursing students in grad- potential nurse educators to meet the pro- case of a student described in paragraph uate programs that educate nurse faculty jected demand for nurses over the next 10 (1)(C). members. years. While graduations from master’s and ‘‘(H) Developing post-baccalaureate resi- ‘‘(d) ELIGIBILITY.—For purposes of this sec- doctoral programs in nursing rose by 12.8 dency programs to prepare nurses for prac- tion, the term ‘eligible school of nursing’ percent (or 1,369 graduates) and 13.1 percent tice in specialty areas where nursing short- means a school of nursing that— (or 56 graduates), respectively, in the 2005– ages are most severe. ‘‘(1) is accredited by a nursing accrediting 2006 school year, projections still dem- ‘‘(I) Increasing integration of geriatric agency recognized by the Secretary of Edu- onstrate a shortage of nurse faculty. Given content into the core curriculum. cation; current trends, there will be at least 2,616 un- ‘‘(J) Partnering with economically dis- ‘‘(2) has a passage rate on the National filled faculty positions in 2012. advantaged communities to provide nursing Council Licensure Examination for Reg- (5) According to the February 2004 Monthly education. istered Nurses of not less than 80 percent for Labor Review of the Bureau of Labor Statis- ‘‘(K) Expanding the ability of nurse man- each of the 3 school years preceding submis- tics, more than 1,000,000 new and replace- aged health centers to provide clinical edu- sion of the grant application; and ment nurses will be needed by 2012. cation training sites to nursing students. ‘‘(3) has a graduation rate (based on the ‘‘(5) The school will submit an annual re- SEC. 3. CAPITATION GRANTS TO INCREASE THE number of students in a class who graduate NUMBER OF NURSING FACULTY AND port to the Secretary that includes updated relative to, for a baccalaureate program, the STUDENTS. information on the school with respect to number of students who were enrolled in the (a) GRANTS.—Part D of title VIII of the student enrollment, student retention, grad- class at the beginning of junior year or, for Public Health Service Act (42 U.S.C. 296p) is uation rates, passage rates on the National an associate degree program, the number of amended by adding at the end the following: Council Licensure Examination for Reg- students who were enrolled in the class at istered Nurses, the number of graduates em- ‘‘SEC. 832. CAPITATION GRANTS. the end of the first year) of not less than 80 ployed as nursing faculty or nursing care ‘‘(a) IN GENERAL.—For the purpose de- percent for each of the 3 school years pre- providers within 12 months of graduation, scribed in subsection (b), the Secretary, act- ceding submission of the grant application. ing through the Health Resources and Serv- and the number of students who are accepted ices Administration, shall award a grant ‘‘(e) REQUIREMENTS.—The Secretary may into graduate programs for further nursing each fiscal year in an amount determined in award a grant under this section to an eligi- education. accordance with subsection (c) to each eligi- ble school of nursing only if the school gives ‘‘(6) The school will allow the Secretary to ble school of nursing that submits an appli- assurances satisfactory to the Secretary make on-site inspections, and will comply cation in accordance with this section. that, for each school year for which the with the Secretary’s requests for informa- ‘‘(b) PURPOSE.—A funding agreement for a grant is awarded, the school will comply tion, to determine the extent to which the grant under this section is that the eligible with the following: school is complying with the requirements of school of nursing involved will expend the ‘‘(1) The school will maintain a passage this section. grant to increase the number of nursing fac- rate on the National Council Licensure Ex- ‘‘(f) REPORTS TO CONGRESS.—The Secretary ulty and students at the school, including by amination for Registered Nurses of not less shall evaluate the results of grants under hiring new faculty, retaining current fac- than 80 percent. this section and submit to the Congress— ulty, purchasing educational equipment and ‘‘(2) The school will maintain a graduation ‘‘(1) not later than 18 months after the date audiovisual laboratories, enhancing clinical rate (as described in subsection (d)(3)) of not of the enactment of this section, an interim laboratories, repairing and expanding infra- less than 80 percent. report on such results; and structure, or recruiting students. ‘‘(3)(A) Subject to subparagraphs (B) and ‘‘(2) not later than the end of fiscal year ‘‘(c) GRANT COMPUTATION.— (C), the first-year enrollment of full-time 2010, a final report on such results. ‘‘(1) AMOUNT PER STUDENT.—Subject to nursing students in the school will exceed ‘‘(g) APPLICATION.—To seek a grant under paragraph (2), the amount of a grant to an el- such enrollment for the preceding school this section, a school nursing shall submit igible school of nursing under this section year by 5 percent or 5 students, whichever is an application to the Secretary at such time, for a fiscal year shall be the total of the fol- greater. in such manner, and containing such infor- lowing: ‘‘(B) Subparagraph (A) does not apply to mation and assurances as the Secretary may ‘‘(A) $1,800 for each full-time or part-time the first school year for which a school re- require. student who is enrolled at the school in a ceives a grant under this section. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— graduate program in nursing that— ‘‘(C) With respect to any school year, the ‘‘(1) IN GENERAL.—For the costs of carrying ‘‘(i) leads to a master’s degree, a doctoral Secretary may waive application of subpara- out this section (except the costs described degree, or an equivalent degree; and graph (A) if— in paragraph (2)), there are authorized to be ‘‘(ii) prepares individuals to serve as fac- ‘‘(i) the physical facilities at the school in- appropriated $75,000,000 for fiscal year 2008, ulty through additional course work in edu- volved limit the school from enrolling addi- $85,000,000 for fiscal year 2009, and $95,000,000 cation and ensuring competency in an ad- tional students; or for fiscal year 2010. vanced practice area. ‘‘(ii) the school has increased enrollment in ‘‘(2) ADMINISTRATIVE COSTS.—For the costs ‘‘(B) $1,405 for each full-time or part-time the school (as described in subparagraph (A)) of administering this section, including the student who— for each of the 2 preceding school years. costs of evaluating the results of grants and ‘‘(i) is enrolled at the school in a program ‘‘(4) Not later than 1 year after receipt of submitting reports to the Congress, there are in nursing leading to a bachelor of science the grant, the school will formulate and im- authorized to be appropriated such sums as degree, a bachelor of nursing degree, a grad- plement a plan to accomplish at least 2 of may be necessary for each of fiscal years uate degree in nursing if such program does the following: 2008, 2009, and 2010.’’. not meet the requirements of subparagraph ‘‘(A) Establishing or significantly expand- (b) GAO STUDY.— (A), or an equivalent degree; and ing an accelerated baccalaureate degree (1) IN GENERAL.—Not later than 1 year after ‘‘(ii) has not more than 3 years of academic nursing program designed to graduate new the date of the enactment of this Act, the credits remaining in the program. nurses in 12 to 18 months. Comptroller General of the United States ‘‘(C) $966 for each full-time or part-time ‘‘(B) Establishing cooperative shall conduct a study and submit a report to student who is enrolled at the school in a intradisciplinary education among schools of the Congress on ways to increase participa- program in nursing leading to an associate nursing with a view toward shared use of tion in the nurse faculty profession. degree in nursing or an equivalent degree. technological resources, including informa- (2) CONTENTS OF REPORT.—The report re- ‘‘(2) LIMITATION.—In calculating the tion technology. quired by paragraph (1) shall include the fol- amount of a grant to a school under para- ‘‘(C) Establishing cooperative interdiscipli- lowing: graph (1), the Secretary may not make a nary training between schools of nursing and (A) A discussion of the master’s degree and payment with respect to a particular stu- schools of allied health, medicine, dentistry, doctoral degree programs that are successful dent— osteopathy, optometry, podiatry, pharmacy, in placing graduates as faculty in schools of ‘‘(A) for more than 2 fiscal years in the public health, or veterinary medicine, in- nursing. case of a student described in paragraph cluding training for the use of the inter- (B) An examination of compensation dis- (1)(A) who is enrolled in a graduate program disciplinary team approach to the delivery of parities throughout the nursing profession in nursing leading to a master’s degree or an health services. and compensation disparities between higher equivalent degree; ‘‘(D) Integrating core competencies on evi- education instructional faculty generally ‘‘(B) for more than 4 fiscal years in the dence-based practice, quality improvements, and higher education instructional nursing case of a student described in paragraph and patient-centered care. faculty.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1417 By Mr. FEINGOLD: penalty, more and more provisions more reasons we have to oppose it. For S. 447. A bill to abolish the dealth seem to be added every year. While the example, the Maryland study—released penalty under Federal law; to the Com- use of and confidence in the death pen- in January 2003—contained findings mittee on the Judiciary. alty is decreasing overall, the Federal that should startle us all. The study Mr. FEINGOLD. Mr. President, today Government has been going in the op- found that blacks accused of killing I am introducing the Federal Death posite direction, making more defend- whites are more likely to receive a Penalty Abolition Act of 2007. This bill ants eligible for capital punishment death sentence than blacks who kill would abolish the death penalty at the and increasing the size of its Federal blacks, or than white killers. Accord- Federal level. It would put an imme- death row. Moreover, there are now six ing to the report, black offenders who diate halt to executions and forbid the individuals on Federal death row from kill whites are four times as likely to imposition of the death penalty as a States that do not have capital punish- be sentenced to death as blacks who sentence for violations of Federal law. ment. The Federal Government is pull- kill blacks, and twice as likely to get a Since 1976, when the death penalty ing in the wrong direction as the rest death sentence as whites who kill was reinstated by the Supreme Court, of the Nation moves toward a more whites. there have been 1,060 executions across just system. The Maryland and Illinois studies the country, including three at the On this very day eight years ago, cannot be brushed aside as atypical or Federal level. During that same time Governor George Ryan took the his- dismissed as revealing state-specific period, 123 people on death row have toric step of placing a moratorium on anomalies in an otherwise perfect sys- been exonerated and released from executions in Illinois and creating an tem. Years of study have shown that death row. These people never should independent, blue ribbon commission the death penalty does little to deter have been convicted in the first place. to review the State’s death penalty crime, and that defendants’ likelihood Consider those numbers. One thou- system. The Commission conducted an of being sentenced to death depends sand and sixty executions, and one extensive study of the death penalty in heavily on illegitimate factors such as hundred and twenty-three exonerations Illinois and released a report with 85 whether they are rich or poor. Since re- in the modern death penalty era. Had recommendations for reform of the instatement of the modern death pen- death penalty system. The Commission those exonerations not taken place, alty, 80 percent of murder victims in concluded that the death penalty sys- had those 123 people been executed, cases where death sentences were hand- tem is not fair, and that the risk of those executions would have rep- ed down were white, even though only executing the innocent is alarmingly resented an error rate of greater than 50 percent of murder victims are white. real. Governor Ryan later pardoned 10 percent. That is more than an em- Nationwide, more than half of the four death row inmates and commuted barrassing statistic; it is a horrifying death row inmates are African Ameri- the sentences of all remaining Illinois one, one that should have us all ques- cans or Hispanic Americans. There is death row inmates to life in prison be- tioning the use of capital punishment evidence of racial disparities, inad- in this country. In fact, since 1999 when fore he left office in January 2003. Illinois is not alone. Seven years ago, equate counsel, prosecutorial mis- I first introduced this bill, 46 death row then Maryland Governor Parris conduct, and false scientific evidence inmates have been exonerated through- Glendening learned of suspected racial in death penalty systems across the out the country. disparities in the administration of the country. In the face of these numbers, the na- death penalty in Maryland. Governor At least Maryland, Illinois, North tional debate on the death penalty has Glendening did not look the other way. Carolina, and California have begun intensified. For the second year in a He commissioned the University of the process of investigating the flaws row, the number of executions, the Maryland to conduct the most exhaus- in their own systems. But there are 36 number of death sentences imposed, tive study of Maryland’s application of other States that have death penalty and the size of the death row popu- the death penalty in history. Then provisions in their laws, 36 other lation have decreased as a growing faced with the rapid approach of a States with systems that are most number of voices have joined to express scheduled execution, Governor likely plagued with the same flaws. doubt about the use of capital punish- Glendening acknowledged that it was And these systems come at great addi- ment in America. The voices of those unacceptable to allow executions to tional cost to the taxpayers. For exam- questioning the fairness of the death take place while the study he had or- ple, a 2005 report found that Califor- penalty have been heard from college dered was not yet complete. So, in May nia’s death penalty system costs tax- campuses and courtrooms and podiums 2002, he placed a moratorium on execu- payers $114 million in additional costs across the Nation, to the Senate Judi- tions. Although Governor Bob Ehrlich each year. Similar reports detailing ciary Committee hearing room, to the lifted that moratorium and allowed the extraordinary financial costs of the United States Supreme Court. The executions to resume during his ten- death penalty have been generated for American public understands that the ure, Governor Martin O’Malley has in- States across the Nation. death penalty raises serious and com- dicated that he would approve a legis- Moreover, there are growing concerns plex issues. The death penalty can no lative repeal of the death penalty and about the most common method of exe- longer be exploited for political pur- that he, like the majority in this coun- cution, lethal injection. These concerns poses. In fact, for the first time, a May try, favors life without parole. are so grave that eight States and the 2006 Gallup Poll reported that more Other States also have taken impor- Federal system all halted individual Americans prefer a sentence of life tant steps. New York’s death penalty executions in 2006 to work through without parole over the death penalty was overturned by a court decision in these problems. And these numbers are when given a choice. If anything, the 2004 and has not been reinstated by the growing. Just this last week, execu- political consensus is that it is time for legislature, and New Jersey enacted a tions in North Carolina were halted be- a change. We must not ignore these moratorium in 2006. Along with New cause of challenges to lethal injection. voices. York and New Jersey, four other States More and more research is emerging In the wake of the Supreme Court’s that still have the death penalty tech- that suggests that lethal injections are decision in 1976 to allow capital punish- nically on their books have not exe- unnecessarily painful and cruel, and ment, the Federal Government first re- cuted any individuals since 1976. In ad- that this method of capital punish- sumed death penalty prosecutions after dition, there are 12 States, plus the ment—however sanitary or humane it enactment of a 1988 Federal law that District of Columbia, whose laws do may appear—is no less barbaric than provided for the death penalty for mur- not provide for capital punishment at the more antiquated methods lethal in- der in the course of a drug-kingpin con- all. And following in the footsteps of Il- jection was designed to replace, such as spiracy. The Federal death penalty was linois and Maryland, North Carolina the noose or the firing squad, no less then expanded significantly in 1994, and California both began legislative horrific than the electric chair or the when the omnibus crime bill expanded studies of their own capital punish- gas chamber. its use to a total of some 60 Federal of- ment systems this past year. Nothing is more barbaric, of course, fenses. And despite my best efforts to The more we learn about the death than the execution of an innocent per- halt the expansion of the Federal death penalty through studies like those, the son, and it is clearer than ever that the

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1418 CONGRESSIONAL RECORD — SENATE January 31, 2007 risk is very real. Already, information wrong and it is immoral. The adage (C) in section 245(b), by striking ‘‘, or may has surfaced that suggests that two ‘‘two wrongs do not make a right,’’ ap- be sentenced to death’’; and men put to death in the 1990s may have plies here in the most fundamental (D) in section 247(d)(1), by striking ‘‘, or been innocent. This is a chilling pros- way. Our Nation has long ago done may be sentenced to death’’. (7) MURDER OF A MEMBER OF CONGRESS, AN away with other barbaric punishments pect, one that illustrates the very IMPORTANT EXECUTIVE OFFICIAL, ORASU- grave danger in imposing the death like whipping and cutting off the ears PREME COURT JUSTICE.—Section 351 of title penalty. The loss of just one innocent of criminals. Just we did away with 18, United States Code, is amended— life through capital punishment should these punishments as contrary to our (A) in subsection (b)— be enough to force all of us to stop and humanity and ideals, it is time to abol- (i) by striking ‘‘(1)’’; and reconsider this penalty. ish the death penalty as we seek to (ii) by striking ‘‘, or (2) by death’’ and all And while we examine the flaws in spread peace and justice both here and that follows through the end of the sub- our death penalty system, we cannot overseas. It is not just a matter of mo- section and inserting a period; and rality. The continued viability of our (B) in subsection (d)— help but note that our use of the death (i) by striking ‘‘(1)’’; and penalty stands in stark contrast to the criminal justice system as a truly just (ii) by striking ‘‘, or (2) by death’’ and all majority of nations, which have abol- system that deserves the respect of our that follows through the end of the sub- ished the death penalty in law or prac- own people and the world requires that section and inserting a period. tice. There are now 123 countries that we do so. Our Nation’s goal to remain (8) DEATH RESULTING FROM OFFENSES IN- have done so. In 2005, only China, Iran, the world’s leading defender of free- VOLVING TRANSPORTATION OF EXPLOSIVES, DE- and Saudi Arabia executed more people dom, liberty and equality demands STRUCTION OF GOVERNMENT PROPERTY, OR DE- STRUCTION OF PROPERTY RELATED TO FOREIGN than we did. These countries, and oth- that we do so. Abolishing the death penalty will not OR INTERSTATE COMMERCE.—Section 844 of ers on the list of nations that actively title 18, United States Code, is amended— use capital punishment, are countries be an easy task. It will take patience, (A) in subsection (d), by striking ‘‘or to the that we often criticize for human persistence, and courage. As we work death penalty’’; rights abuses. The European Union de- to move forward in a rapidly changing (B) in subsection (f)(3), by striking ‘‘sub- nies membership in the alliance to world, let us leave this archaic practice ject to the death penalty, or’’; those nations that use the death pen- behind. (C) in subsection (i), by striking ‘‘or to the alty. In fact, it passed a resolution I ask my colleagues to join me in death penalty’’; and taking the first step in abolishing the (D) in subsection (n), by striking ‘‘(other calling for the immediate and uncondi- than the penalty of death)’’. tional global abolition of the death death penalty in our great Nation. I also call on each State that authorizes (9) MURDER COMMITTED BY USE OF A FIRE- penalty, and it specifically called on ARM OR ARMOR PIERCING AMMUNITION DURING the use of the death penalty to cease all States within the United States to COMMISSION OF A CRIME OF VIOLENCE OR A this practice. Let us together reject vi- abolish the death penalty. This is sig- DRUG TRAFFICKING CRIME.—Section 924 of olence and restore fairness and integ- nificant because it reflects the unani- title 18, United States Code, is amended— rity to our criminal justice system. mous view of a group of nations with (A) in subsection (c)(5)(B)(i), by striking I ask unanimous consent that the ‘‘punished by death or’’; and which the United States enjoys close text of the bill be printed in the (B) in subsection (j)(1), by striking ‘‘by relationships and shares common val- RECORD. death or’’. ues. We should join with them and with There being no objection, the text of (10) GENOCIDE.—Section 1091(b)(1) of title the over 100 other nations that have re- the bill was ordered to be printed in 18, United States Code, is amended by strik- ing ‘‘death or’’. nounced this practice. the RECORD, as follows: We are a Nation that prides itself on (11) FIRST DEGREE MURDER.—Section 1111(b) S. 447 the fundamental principles of justice, of title 18, United States Code, is amended by Be it enacted by the Senate and House of Rep- liberty, equality and due process. We striking ‘‘by death or’’. resentatives of the United States of America in (12) MURDER BY A FEDERAL PRISONER.—Sec- are a Nation that scrutinizes the Congress assembled, tion 1118 of title 18, United States Code, is human rights records of other nations. SECTION 1. SHORT TITLE. amended— Historically, we are one of the first Na- This Act may be cited as the ‘‘Federal (A) in subsection (a), by striking ‘‘by death tions to speak out against torture and Death Penalty Abolition Act of 2007’’. or’’; and killings by foreign governments. We SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING (B) in subsection (b), in the third undesig- should hold our own system of justice FOR THE DEATH PENALTY. nated paragraph— (a) HOMICIDE-RELATED OFFENSES.— to the highest standard. (i) by inserting ‘‘or’’ before ‘‘an indetermi- (1) MURDER RELATED TO THE SMUGGLING OF As a matter of justice, this is an nate’’; and ALIENS.—Section 274(a)(1)(B)(iv) of the Immi- (ii) by striking ‘‘, or an unexecuted sen- issue that transcends political alle- gration and Nationality Act (8 U.S.C. tence of death’’. giances. A range of prominent voices in 1324(a)(1)(B)(iv)) is amended by striking (13) MURDER OF A STATE OR LOCAL LAW EN- our country are raising serious ques- ‘‘punished by death or’’. FORCEMENT OFFICIAL OR OTHER PERSON AIDING tions about the death penalty, and (2) DESTRUCTION OF AIRCRAFT, MOTOR VEHI- IN A FEDERAL INVESTIGATION; MURDER OF A they are not just voices of liberals, or CLES, OR RELATED FACILITIES RESULTING IN STATE CORRECTIONAL OFFICER.—Section 1121 of the faith community. They are the DEATH.—Section 34 of title 18, United States of title 18, United States Code, is amended— voices of former FBI Director William Code, is amended by striking ‘‘to the death (A) in subsection (a), by striking ‘‘by sen- penalty or’’. tence of death or’’; and Sessions, former Justice Sandra Day (3) MURDER COMMITTED DURING A DRUG-RE- (B) in subsection (b)(1), by striking ‘‘or O’Connor, Reverend Pat Robertson, LATED DRIVE-BY SHOOTING.—Section death’’. George Will, former Mississippi warden 36(b)(2)(A) of title 18, United States Code, is (14) MURDER DURING A KIDNAPING.—Section Donald Cabana, the Republican former amended by striking ‘‘death or’’. 1201(a) of title 18, United States Code, is Governor of Illinois, George Ryan, and (4) MURDER COMMITTED AT AN AIRPORT amended by striking ‘‘death or’’. the Democratic former Governor of SERVING INTERNATIONAL CIVIL AVIATION.—Sec- (15) MURDER DURING A HOSTAGE-TAKING.— Maryland, Parris Glendening. The tion 37(a) of title 18, United States Code, is Section 1203(a) of title 18, United States voices of those questioning our applica- amended, in the matter following paragraph Code, is amended by striking ‘‘death or’’. (2), by striking ‘‘punished by death or’’. (16) MURDER WITH THE INTENT OF PRE- tion of the death penalty are growing (5) MURDER COMMITTED USING CHEMICAL VENTING TESTIMONY BY A WITNESS, VICTIM, OR in number, they are growing louder, WEAPONS.—Section 229A(a)(2) of title 18, INFORMANT.—Section 1512(a)(2)(A) of title 18, and they are reflected in some of the United States Code, is amended— United States Code, is amended by striking decisions of the highest court of the (A) in the paragraph heading, by striking ‘‘the death penalty or’’. land. In recent years, the Supreme ‘‘DEATH PENALTY’’ and inserting ‘‘CAUSING (17) MAILING OF INJURIOUS ARTICLES WITH Court has held that the execution of ju- DEATH’’; and INTENT TO KILL OR RESULTING IN DEATH.—Sec- venile offenders and the mentally re- (B) by striking ‘‘punished by death or’’. tion 1716(j)(3) of title 18, United States Code, tarded is unconstitutional. (6) CIVIL RIGHTS OFFENSES RESULTING IN is amended by striking ‘‘to the death penalty As we begin a new year and a new DEATH.—Chapter 13 of title 18, United States or’’. Code, is amended— (18) ASSASSINATION OR KIDNAPING RESULT- Congress, I believe the continued use of (A) in section 241, by striking ‘‘, or may be ING IN THE DEATH OF THE PRESIDENT OR VICE the death penalty in the United States sentenced to death’’; PRESIDENT.—Section 1751 of title 18, United is beneath us. The death penalty is at (B) in section 242, by striking ‘‘, or may be States Code, is amended— odds with our best traditions. It is sentenced to death’’; (A) in subsection (b)—

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1419 (i) by striking ‘‘(1)’’; and (B) in subsection (b), by striking ‘‘, and if that follows and inserting ‘‘be punished as a (ii) by striking ‘‘, or (2) by death’’ and all death results shall be punished by death’’ court-martial may direct.’’. that follows through the end of the sub- and all that follows through the end of the (I) AIDING THE ENEMY.—Section 904 of title section and inserting a period; and subsection and inserting a period. 10, United States Code (article 104), is (B) in subsection (d)— (34) MURDER BY ACT OF TERRORISM TRAN- amended by striking ‘‘suffer death or such (i) by striking ‘‘(1)’’; and SCENDING NATIONAL BOUNDARIES.—Section other punishment as a court-martial or mili- (ii) by striking ‘‘, or (2) by death’’ and all 2332b(c)(1)(A) of title 18, United States Code, tary commission may direct’’ and inserting that follows through the end of the sub- is amended by striking ‘‘by death, or’’. ‘‘be punished as a court-martial or military section and inserting a period. (35) MURDER INVOLVING TORTURE.—Section commission may direct’’. (19) MURDER FOR HIRE.—Section 1958(a) of 2340A(a) of title 18, United States Code, is (J) SPIES.—Section 906 of title 10, United title 18, United States Code, is amended by amended by striking ‘‘punished by death or’’. States Code (article 106), is amended by striking ‘‘death or’’. (36) MURDER INVOLVING A WAR CRIME.—Sec- striking ‘‘by death’’ and inserting ‘‘by im- (20) MURDER INVOLVED IN A RACKETEERING tion 2441(a) of title 18, United States Code, is prisonment for life’’. OFFENSE.—Section 1959(a)(1) of title 18, amended by striking ‘‘, and if death results (K) ESPIONAGE.—Section 906a of title 10, United States Code, is amended by striking to the victim, shall also be subject to the United States Code (article 106a), is amend- ‘‘death or’’. penalty of death’’. ed— (21) WILLFUL WRECKING OF A TRAIN RESULT- (37) MURDER RELATED TO A CONTINUING (i) by striking subsections (b) and (c); ING IN DEATH.—Section 1992 of title 18, United CRIMINAL ENTERPRISE OR RELATED MURDER OF (ii) by redesignating paragraphs (2) and (3) States Code, is amended— A FEDERAL, STATE, OR LOCAL LAW ENFORCE- of subsection (a) as subsections (b) and (c), (A) in subsection (a), in the matter fol- MENT OFFICER.—Section 408(e) of the Con- respectively; lowing paragraph (10), by striking ‘‘or sub- trolled Substances Act (21 U.S.C. 848(e)) is (iii) in subsection (a)— ject to death,’’; and amended— (I) by striking ‘‘(1)’’; (B) in subsection (b), in the matter fol- (A) in the subsection heading, by striking (II) by striking ‘‘paragraph (2)’’ and insert- lowing paragraph (3), by striking ‘‘, and if ‘‘DEATH PENALTY’’ and inserting ‘‘INTEN- ing ‘‘subsection (b)’’; the offense resulted in the death of any per- TIONAL KILLING’’; and (III) by striking ‘‘paragraph (3)’’ and in- son, the person may be sentenced to death’’. (B) in paragraph (1)— serting ‘‘subsection (c)’’; and (22) BANK ROBBERY-RELATED MURDER OR (i) subparagraph (A), by striking ‘‘, or may (IV) by striking ‘‘as a court-martial may KIDNAPING.—Section 2113(e) of title 18, United be sentenced to death’’; and direct,’’ and all that follows and inserting States Code, is amended by striking ‘‘death (ii) in subparagraph (B), by striking ‘‘, or ‘‘as a court-martial may direct.’’; or’’. may be sentenced to death’’. (iv) in subsection (b), as so redesignated— (23) MURDER RELATED TO A CARJACKING.— (38) DEATH RESULTING FROM AIRCRAFT HI- (I) by striking ‘‘paragraph (1)’’ and insert- Section 2119(3) of title 18, United States JACKING.—Section 46502 of title 49, United ing ‘‘subsection (a)’’; and Code, is amended by striking ‘‘, or sentenced States Code, is amended— (II) by redesignating subparagraphs (A), to death’’. (A) in subsection (a)(2)(B), by striking ‘‘put (B), and (C) as paragraphs (1), (2), and (3), re- (24) MURDER RELATED TO AGGRAVATED CHILD to death or’’; and spectively; and SEXUAL ABUSE.—Section 2241(c) of title 18, (B) in subsection (b)(1)(B), by striking ‘‘put (v) in subsection (c), as so redesignated, by United States Code, is amended by striking to death or’’. striking ‘‘paragraph (1)’’ and inserting ‘‘sub- ‘‘unless the death penalty is imposed,’’. (b) NON-HOMICIDE RELATED OFFENSES.— section (a)’’. (25) MURDER RELATED TO SEXUAL ABUSE.— (1) ESPIONAGE.—Section 794(a) of title 18, (L) IMPROPER HAZARDING OF VESSEL.—The Section 2245 of title 18, United States Code, United States Code, is amended by striking text of section 910 of title 10, United States is amended by striking ‘‘punished by death ‘‘punished by death or’’ and all that follows Code (article 110), is amended to read as fol- or’’. before the period and inserting ‘‘imprisoned lows: (26) MURDER RELATED TO SEXUAL EXPLOI- for any term of years or for life’’. ‘‘Any person subject to this chapter who TATION OF CHILDREN.—Section 2251(e) of title (2) TREASON.—Section 2381 of title 18, willfully and wrongfully, or negligently, haz- 18, United States Code, is amended by strik- United States Code, is amended by striking ards or suffers to be hazarded any vessel of ing ‘‘punished by death or’’. ‘‘shall suffer death, or’’. the Armed Forces shall be punished as a (27) MURDER COMMITTED DURING AN OFFENSE (c) TITLE 10.— court-martial may direct.’’. AGAINST MARITIME NAVIGATION.—Section (1) OFFENSES.— (M) MISBEHAVIOR OF SENTINEL.—Section 913 2280(a)(1) of title 18, United States Code, is (A) CONSPIRACY.—Section 881(b) of title 10, of title 10, United States Code (article 113), is amended by striking ‘‘punished by death or’’. United States Code (article 81(b) of the Uni- amended by striking ‘‘, if the offense is com- (28) MURDER COMMITTED DURING AN OFFENSE form Code of Military Justice), is amended mitted in time of war’’ and all that follows AGAINST A MARITIME FIXED PLATFORM.—Sec- by striking ‘‘, if death results’’ and all that and inserting ‘‘as a court-martial may di- tion 2281(a)(1) of title 18, United States Code, follows through the end and inserting ‘‘as a rect.’’. is amended by striking ‘‘punished by death court-martial or military commission may (N) MURDER.—Section 918 of title 10, or’’. direct.’’. United States Code (article 118), is amended (29) MURDER USING DEVICES OR DANGEROUS (B) DESERTION.—Section 885(c) of title 10, by striking ‘‘death or imprisonment for life SUBSTANCES IN WATERS OF THE UNITED United States Code (article 85(c)), is amend- as a court-martial may direct’’ and inserting STATES.—Section 2282A of title 18, United ed by striking ‘‘, if the offense is committed ‘‘imprisonment for life’’. States Code, is amended— in time of war’’ and all that follows through (O) DEATH OR INJURY OF AN UNBORN CHILD.— (A) by striking subsection (b); and the end and inserting ‘‘as a court-martial Section 919a(a) of title 10, United States (B) by redesignating subsections (c) and (d) may direct.’’. Code, is amended— as subsections (b) and (c), respectively. (C) ASSAULTING OR WILLFULLY DISOBEYING (i) in paragraph (1), by striking ‘‘, other (30) MURDER INVOLVING THE TRANSPOR- SUPERIOR COMMISSIONED OFFICER.—Section than death,’’; and TATION OF EXPLOSIVE, BIOLOGICAL, CHEMICAL, 890 of title 10, United States Code (article 90), (ii) by striking paragraph (4). OR RADIOACTIVE OR NUCLEAR MATERIALS.— is amended by striking ‘‘, if the offense is (P) RAPE.—Section 920(a) of title 10, United Section 2283 of title 18, United States Code, committed in time of war’’ and all that fol- States Code (article 120(a)), is amended by is amended— lows and inserting ‘‘as a court-martial may striking ‘‘by death or such other punish- (A) by striking subsection (b); and direct.’’. ment’’. (B) by redesignating subsection (c) as sub- (D) MUTINY OR SEDITION.—Section 894(b) of (Q) CRIMES TRIABLE BY MILITARY COMMIS- section (b). title 10, United States Code (article 94(b)), is SION.—Section 950v(b) of title 10, United (31) MURDER INVOLVING THE DESTRUCTION OF amended by striking ‘‘by death or such other States Code, is amended— VESSEL OR MARITIME FACILITY.—Section punishment’’. (i) in paragraph (1), by striking ‘‘by death 2291(d) of title 18, United States Code, is (E) MISBEHAVIOR BEFORE THE ENEMY.—Sec- or such other punishment’’; amended by striking ‘‘to the death penalty tion 899 of title 10, United States Code (arti- (ii) in paragraph (2), by striking ‘‘, if death or’’. cle 99), is amended by striking ‘‘by death or results’’ and all that follows and inserting (32) MURDER OF A UNITED STATES NATIONAL such other punishment’’. ‘‘as a military commission under this chap- IN ANOTHER COUNTRY.—Section 2332(a)(1) of (F) SUBORDINATE COMPELLING SURRENDER.— ter may direct.’’; title 18, United States Code, is amended by Section 900 of title 10, United States Code (iii) in paragraph (7), by striking ‘‘, if death striking ‘‘death or’’. (article 100), is amended by striking ‘‘by results’’ and all that follows and inserting (33) MURDER BY THE USE OF A WEAPON OF death or such other punishment’’. ‘‘as a military commission under this chap- MASS DESTRUCTION.—Section 2332a of title 18, (G) IMPROPER USE OF COUNTERSIGN.—Sec- ter may direct.’’; United States Code, is amended— tion 901 of title 10, United States Code (arti- (iv) in paragraph (8), by striking ‘‘, if death (A) in subsection (a), in the matter fol- cle 101), is amended by striking ‘‘by death or results’’ and all that follows and inserting lowing paragraph (4), by striking ‘‘, and if such other punishment’’. ‘‘as a military commission under this chap- death results shall be punished by death’’ (H) FORCING A SAFEGUARD.—Section 902 of ter may direct.’’; and all that follows through the end of the title 10, United States Code (article 102), is (v) in paragraph (9), by striking ‘‘, if death subsection and inserting a period; and amended by striking ‘‘suffer death’’ and all results’’ and all that follows and inserting

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PEALS.—Section 866(b) of title 10, United chapter may direct.’’; ‘‘(B) Murder. States Code (article 66(b)), is amended— ‘‘(C) Rape. (viii) in paragraph (13)(A), by striking ‘‘, if (i) in the matter preceding paragraph (1), ‘‘(D) A violation of section 881 of this title death results’’ and all that follows and in- by inserting ‘‘in which’’ after ‘‘court-mar- (article 81) that results in death to one or serting ‘‘as a military commission under this tial’’; more of the victims. chapter may direct.’’; (ii) in paragraph (1), by striking ‘‘in which ‘‘(E) Desertion or attempt to desert in time the sentence, as approved, extends to death,’’ (ix) in paragraph (14), by striking ‘‘, if of war. death results’’ and all that follows and in- and inserting ‘‘the sentence, as approved, ex- ‘‘(F) A violation of section 890 of this title tends to’’; and serting ‘‘as a military commission under this (article 90) committed in time of war. chapter may direct.’’; (iii) in paragraph (2), by striking ‘‘except ‘‘(G) Attempted mutiny, mutiny, sedition, in the case of a sentence extending to (x) in paragraph (15), by striking ‘‘by death or failure to suppress or report a mutiny or death,’’. or such other punishment’’; sedition. (Q) REVIEW BY COURT OF APPEALS FOR THE (xi) in paragraph (17), by striking ‘‘, if ‘‘(H) A violation of section 899 of this title ARMED FORCES.—Section 867(a) of title 10, death results’’ and all that follows and in- (article 99). United States Code (article 67(a)), is amend- serting ‘‘as a military commission under this ‘‘(I) A violation of section 900 of this title ed— chapter may direct.’’; (article 100). (i) by striking paragraph (1); and (xii) in paragraph (23), by striking ‘‘, if ‘‘(J) A violation of section 901 of this title (ii) by redesignating paragraphs (2) and (3) death results’’ and all that follows and in- (article 101). as paragraphs (1) and (2), respectively. serting ‘‘as a military commission under this ‘‘(K) A violation of section 902 of this title (R) EXECUTION OF SENTENCE.—Section 871 of chapter may direct.’’; (article 102). (xiii) in paragraph (24), by striking ‘‘, if ‘‘(L) A violation of section 904 of this title title 10, United States Code (article 71), is death results’’ and all that follows and in- (article 104). amended— serting ‘‘as a military commission under this ‘‘(M) A violation of section 906 of this title (i) by striking subsection (a); chapter may direct.’’; (article 106). (ii) by redesignating subsection (b) as sub- (xiv) in paragraph (27), by striking ‘‘by ‘‘(N) A violation of section 906a of this title section (a); death or such other punishment’’; and (article 106a). (iii) by striking subsection (c) and insert- (xv) in paragraph (28), by striking ‘‘, if ‘‘(O) A violation of section 910 of this title ing the following: ‘‘(b)(1) If a sentence extends to dismissal or death results’’ and all that follows and in- (article 110) in which the person subject to a dishonorable or bad conduct discharge and serting ‘‘as a military commission under this this chapter willfully and wrongfully haz- if the right of the accused to appellate re- chapter may direct.’’. arded or suffered to be hazarded any vessel of view is not waived, and an appeal is not (2) JURISDICTIONAL AND PROCEDURAL MAT- the Armed Forces. withdrawn, under section 861 of this title (ar- TERS.— ‘‘(P) A violation of section 913 of this title ticle 61), that part of the sentence extending (A) DISMISSED OFFICER’S RIGHT TO TRIAL BY (article 113) committed in time of war.’’. to dismissal or a dishonorable or bad conduct COURT-MARTIAL.—Section 804(a) of title 10, (I) PLEAS OF ACCUSED.—Section 845(b) of discharge may not be executed until there is United States Code (article 4(a) of the Uni- title 10, United States Code (article 45(b)), is a final judgment as to the legality of the form Code of Military Justice), is amended amended— proceedings (and with respect to dismissal, by striking ‘‘or death’’. (i) by striking the first sentence; and approval under subsection (a)). A judgment (B) COURTS-MARTIAL CLASSIFIED.—Section (ii) by striking ‘‘With respect to any other as to legality of the proceedings is final in 816(1)(A) of title 10, United States Code (arti- charge’’ and inserting ‘‘With respect to any such cases when review is completed by a cle 10(1)(A)), is amended by striking ‘‘or, in a charge’’. Court of Criminal Appeals and— case in which the accused may be sentenced (J) DEPOSITIONS.—Section 849 of title 10, ‘‘(A) the time for the accused to file a peti- to a penalty of death’’ and all that follows United States Code (article 49), is amended— tion for review by the Court of Appeals for through ‘‘(article 25a)’’. (i) in subsection (d), by striking ‘‘in any the Armed Forces has expired and the ac- (C) JURISDICTION OF GENERAL COURTS-MAR- case not capital’’; and cused has not filed a timely petition for such TIAL.—Section 818 of title 10, United States (ii) by striking subsections (e) and (f). review and the case is not otherwise under Code (article 18), is amended— (K) ADMISSIBILITY OF RECORDS OF COURTS OF review by that Court; (i) in the first sentence by striking ‘‘in- INQUIRY.—Section 850 of title 10, United ‘‘(B) such a petition is rejected by the cluding the penalty of death when specifi- States Code (article 50), is amended— Court of Appeals for the Armed Forces; or cally authorized by this chapter’’ and insert- (i) in subsection (a), by striking ‘‘not cap- ‘‘(C) review is completed in accordance ing ‘‘except death’’; and ital and’’; and with the judgment of the Court of Appeals (ii) by striking the third sentence. (ii) in subsection (b), by striking ‘‘capital for the Armed Forces and— (D) JURISDICTION OF SPECIAL COURTS-MAR- cases or’’. ‘‘(i) a petition for a writ of certiorari is not TIAL.—Section 819 of title 10, United States (L) NUMBER OF VOTES REQUIRED FOR CONVIC- filed within the time limits prescribed by the Code (article 19), is amended in the first sen- TION AND SENTENCING BY COURT-MARTIAL.— Supreme Court; tence by striking ‘‘for any noncapital of- Section 852 of title 10, United States Code ‘‘(ii) such a petition is rejected by the Su- fense’’ and all that follows and inserting ‘‘for (article 52), is amended— preme Court; or any offense made punishable by this chap- (i) in subsection (a)— ‘‘(iii) review is otherwise completed in ac- ter.’’. (I) by striking paragraph (1); cordance with the judgment of the Supreme (E) JURISDICTION OF SUMMARY COURTS-MAR- (II) by redesignating paragraph (2) as sub- Court. TIAL.—Section 820 of title 10, United States section (a); and ‘‘(2) If a sentence extends to dismissal or a Code (article 20), is amended in the first sen- (III) by striking ‘‘any other offense’’ and dishonorable or bad conduct discharge and if tence by striking ‘‘noncapital’’. inserting ‘‘any offense’’; and the right of the accused to appellate review (F) NUMBER OF MEMBERS IN CAPITAL (ii) in subsection (b)— is waived, or an appeal is withdrawn, under CASES.— (I) by striking paragraph (1); and section 861 of this title (article 61), that part (i) IN GENERAL.—Section 825a of title 10, (II) by redesignating paragraphs (2) and (3) of the sentence extending to dismissal or a United States Code (article 25a), is repealed. as paragraphs (1) and (2), respectively. bad conduct or dishonorable discharge may (ii) CLERICAL AMENDMENT.—The table of (M) RECORD OF TRIAL.—Section 854(c)(1)(A) not be executed until review of the case by a sections at the beginning of subchapter V of of title 10, United States Code (article judge advocate (and any action on that re- chapter 47 of title 10, United States Code, is 54(c)(1)(A)), is amended by striking ‘‘death,’’. view) under section 864 of this title (article amended by striking the item relating to (N) FORFEITURE OF PAY AND ALLOWANCES 64) is completed. Any other part of a court- section 825a (article 25a). DURING CONFINEMENT.—Section 858b(a)(2)(A) martial sentence may be ordered executed by (G) ABSENT AND ADDITIONAL MEMBERS.— of title 10, United States Code (article the convening authority or other person act- Section 829(b)(2) of title 10, United States 58b(a)(2)(A)), is amended by striking ‘‘or ing on the case under section 860 of this title Code (article 29(b)(2)), is amended by striking death’’. (article 60) when approved by him under that ‘‘or, in a case in which the death penalty (O) WAIVER OR WITHDRAWAL OF APPEAL.— section.’’; may be adjudged’’ and all that follows and Section 861 of title 10, United States Code (iv) by redesignating subsection (d) as sub- inserting a period. (article 61), is amended— section (c); and (H) STATUTE OF LIMITATIONS.—Subsection (i) in subsection (a), by striking ‘‘except a (v) in subsection (c), as so redesignated, by (a) of section 843 of title 10, United States case in which the sentence as approved under striking ‘‘, except a sentence of death’’.

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(S) GENERAL ARTICLE.—Section 934 of title ‘‘§ 3281. Offenses with no period of limitations ‘‘(35) A violation of section 2340A(a) of this 10, United States Code (article 134), is ‘‘An indictment may be found at any time title that results in the death of any person. amended by striking ‘‘crimes and offenses without limitation for the following of- ‘‘(36) A violation of section 2381 of this not capital’’ and inserting ‘‘crimes and of- fenses: title. fenses’’ ‘‘(1) A violation of section 274(a)(1)(A) of ‘‘(37) A violation of section 2441(a) of this (T) JURISDICTION OF MILITARY COMMIS- the Immigration and Nationality Act (8 title that results in the death of the victim. SIONS.—Section 948d(d) of title 10, United U.S.C. 1324(a)(1)(A)) resulting in the death of ‘‘(38) A violation of section 408(e) of the States Code, is amended by striking ‘‘includ- any person. Controlled Substances Act (21 U.S.C. 848(e)). ing the penalty of death’’ and all that fol- ‘‘(2) A violation of section 34 of this title. ‘‘(39) An offense punishable under sub- lows and inserting ‘‘except death.’’. ‘‘(3) A violation of section 36(b)(2)(A) of section (a)(2)(B) or (b)(1)(B) of section 46502 (U) NUMBER OF MEMBERS OF MILITARY COM- this title. of title 49.’’ MISSIONS.—Subsection (a) of section 948m of ‘‘(4) A violation of section 37(a) of this title (ii) CLERICAL AMENDMENT.—The table of title 10, United States Code, is amended to that results in the death of any person. sections for chapter 213 of title 18, United read as follows: ‘‘(5) A violation of section 229A(a)(2) of this States Code, is amended by striking the item ‘‘(a) NUMBER OF MEMBERS.—A military title. relating to section 3281 and inserting the fol- commission under this chapter shall have at lowing: least 5 members.’’. ‘‘(6) A violation of section 241, 242, 245(b), or 247(a) of this title that— ‘‘3281. Offenses with no period of limita- (V) NUMBER OF VOTES REQUIRED FOR SEN- ‘‘(A) results in death; or tions.’’. TENCING BY MILITARY COMMISSION.—Section 949m of title 10, United States Code, is ‘‘(B) involved kidnapping or an attempt to SEC. 3. PROHIBITION ON IMPOSITION OF DEATH amended— kidnap, aggravated sexual abuse or an at- SENTENCE. (i) in subsection (b)— tempt to commit aggravated sexual abuse, or (a) IN GENERAL.—Notwithstanding any (I) by striking paragraph (1); and an attempt to kill. other provision of law, no person may be sen- (II) by redesignating paragraphs (2) and (3) ‘‘(7) A violation of subsection (b) or (d) of tenced to death or put to death on or after as paragraphs (1) and (2), respectively; and section 351 of this title. the date of enactment of this Act for any (ii) by striking subsection (c). ‘‘(8) A violation of section 794(a) of this violation of Federal law. (W) APPELLATE REFERRAL FOR MILITARY title. (b) PERSONS SENTENCED BEFORE DATE OF COMMISSIONS.—Section 950c of title 10, United ‘‘(9) A violation of subsection (d), (f), or (i) ENACTMENT.—Notwithstanding any other States Code, is amended— of section 844 of this title that results in the provision of law, any person sentenced to (i) in subsection (b)(1), by striking ‘‘except death of any person (including any public death before the date of enactment of this a case in which the sentence as approved safety officer performing duties as a direct Act for any violation of Federal law shall under section 950b of this title extends to or proximate result of conduct prohibited by serve a sentence of life imprisonment with- death,’’; and such subsection). out the possibility of parole. (ii) in subsection (c), by striking ‘‘Except ‘‘(10) An offense punishable under sub- in a case in which the sentence as approved section (c)(5)(B)(i) or (j)(1) of section 924 of By Mr. BIDEN (for himself, Mr. under section 950b of this title extends to this title. MCCONNELL, Mr. MENENDEZ, death, the accused’’ and inserting ‘‘The ac- ‘‘(11) An offense punishable under section Mrs. MURRAY, and Mr. SPEC- 1091(b)(1) of this title. cused’’. TER): ‘‘(12) A violation of section 1111 of this title (X) EXECUTION OF SENTENCE BY MILITARY S. 449. A bill to amend title I of the COMMISSIONS.— that is murder in the first degree. (i) IN GENERAL.—Section 950i of title 10, ‘‘(13) A violation of section 1118 of this Omnibus Crime Control and Safe United States Code, is amended— title. Streets Act of 1968 to provide standards (I) in the section heading, by striking ‘‘; ‘‘(14) A violation of subsection (a) or (b) of and procedures to guide both State and PROCEDURES FOR EXECUTION OF SEN- section 1121 of this title. local law enforcement agencies and law TENCE OF DEATH’’; ‘‘(15) A violation of section 1201(a) of this enforcement officers during internal (II) by striking subsections (b) and (c); title that results in the death of any person. investigations, interrogation of law en- (III) by redesignating subsection (d) as sub- ‘‘(16) A violation of section 1203(a) of this forcement officers, and administrative section (b); and title that results in the death of any person. (IV) in subsection (b), as so redesignated, ‘‘(17) An offense punishable under section disciplinary hearings, to ensure ac- by striking ‘‘, except a sentence of death’’. 1512(a)(3) of this title that is murder (as that countability of law enforcement offi- (ii) CLERICAL AMENDMENT.—The table of term is defined in section 1111 of this title). cers, to guarantee the due process sections at the beginning of subchapter VI of ‘‘(18) An offense punishable under section rights of law enforcement officers, and chapter 47A of title 10, United States Code, is 1716(j)(3) of this title. to require States to enact law enforce- amended by striking the item relating to ‘‘(19) A violation of subsection (b) or (d) of ment discipline, accountability, and section 950i and inserting the following new section 1751 of this title. due process laws; to the Committee on item: ‘‘(20) A violation of section 1958(a) of this the Judiciary. ‘‘950i. Execution of sentence.’’. title that results in death. (d) CONFORMING AMENDMENTS.— ‘‘(21) A violation of section 1959(a) of this Mr. BIDEN. Mr. President, I rise to (1) REPEAL OF CRIMINAL PROCEDURES RELAT- title that is murder. introduce the State and Local Law En- ING TO IMPOSITION OF DEATH SENTENCE.— ‘‘(22) A violation of subsection (a) (except forcement Discipline Accountability, (A) IN GENERAL.—Chapter 228 of title 18, for a violation of paragraph (8), (9) or (10) of and Due Process Act of 2007. United States Code, is repealed. such subsection) or (b) of section 1992 of this These are trying times for the men (B) CLERICAL AMENDMENT.—The table of title that results in the death of any person. and women on our front lines who pro- chapters for part II of title 18, United States ‘‘(23) A violation of section 2113(e) of this vide our domestic security and public Code, is amended by striking the item relat- title that results in death. safety—our Nation’s law enforcement ing to chapter 228. ‘‘(24) An offense punishable under section (2) OTHER PROVISIONS.— 2119(3) of this title. personnel. Indeed, they face one of the (A) INTERCEPTION OF WIRE, ORAL, OR ELEC- ‘‘(25) An offense punishable under section most difficult work environments TRONIC COMMUNICATIONS.—Section 2516(1)(a) 2245(a) of this title. imaginable—an average of 165 police of- of title 18, United States Code, is amended by ‘‘(26) A violation of section 2251 of this title ficers are killed in the line of duty striking ‘‘by death or’’. that results in the death of a person. every year. Our Nation’s law enforce- (B) RELEASE AND DETENTION PENDING JUDI- ‘‘(27) A violation of section 2280(a)(1) of this ment officers put themselves in harms CIAL PROCEEDINGS.—Chapter 207 of title 18, title that results in the death of any person. way on a daily basis to ensure the safe- United States Code, is amended— ‘‘(28) A violation of section 2281(a)(1) of this ty of their fellow citizens and the do- (i) in section 3142(f)(1)(B), by striking ‘‘or title that results in the death of any person. death’’; and ‘‘(29) A violation of section 2282A(a) of this mestic security of our Nation. Never- (ii) in section 3146(b)(1)(A)(i), by striking title that causes the death of any person. theless, many times these brave offi- ‘‘death, life imprisonment,’’ and inserting ‘‘(30) A violation of section 2283(a) of this cers do not receive basic rights if they ‘‘life imprisonment’’. title that causes the death of any person. become involved in internal police in- (C) VENUE IN CAPITAL CASES.—Chapter 221 ‘‘(31) An offense punishable under section vestigations or administrative hear- of title 18, United States Code, is amended— 2291(d) of this title. ings. According to the National Asso- (i) by striking section 3235; and ‘‘(32) An offense punishable under section ciation of Police Organizations, ‘‘[i]n (ii) in the table of sections, by striking the 2332(a)(1) of this title. roughly half of the states in this coun- item relating to section 3235. ‘‘(33) A violation of subsection (a) or (b) of (D) PERIOD OF LIMITATIONS.— section 2332a of this title that results in try, officers enjoy some legal protec- (i) IN GENERAL.—Chapter 213 of title 18, death. tions against false accusations and United States Code, is amended by striking ‘‘(34) An offense punishable under section abusive conduct, but hundreds of thou- section 3281 and inserting the following: 2332b(c)(1)(A) of this title. sands of officers have very limited due

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(b) DECLARATION OF POLICY.—Congress de- tivities.’’ Similarly, the Fraternal forcement officials are facing unprece- clares that it is the purpose of this Act and Order of Police notes that, ‘‘[i]n a star- dented challenges, and management the policy of the United States to— tling number of jurisdictions through- and labor simply must work together (1) protect the due process and political out this country, law enforcement offi- on this issue and the numerous other rights of State and local law enforcement of- cers have no procedural or administra- issues facing the law enforcement com- ficers and ensure equality and fairness of tive protections whatsoever; in fact, munity. treatment among such officers; they can be, and frequently are, sum- I ask unanimous consent that the (2) provide continued police protection to marily dismissed from their jobs with- the general public; text of the bill be printed in the (3) provide for the general welfare and en- out explanation. Officers who lose their RECORD. sure domestic tranquility; and careers due to administrative or polit- There being no objection, the text of (4) prevent any impediments to the free ical expediency almost always find it the bill was ordered to be printed in flow of commerce, under the rights guaran- impossible to find new employment in the RECORD, as follows: teed under the United States Constitution public safety. An officer’s reputation, S. 449 and Congress’ authority thereunder. once tarnished by accusation, is almost Be it enacted by the Senate and House of Rep- SEC. 3. DISCIPLINE, ACCOUNTABILITY, AND DUE PROCESS OF OFFICERS. impossible to restore.’’ resentatives of the United States of America in The legislation being introduced (a) IN GENERAL.—Part H of title I of the Congress assembled, Omnibus Crime Control and Safe Streets Act today, which is endorsed by the Fra- SECTION 1. SHORT TITLE. of 1968 (42 U.S.C. 3781 et seq.) is amended by ternal Order of Police and of the Na- This Act may be cited as the ‘‘State and adding at the end the following: tional Association of Police Organiza- Local Law Enforcement Discipline, Account- ‘‘SEC. 820. DISCIPLINE, ACCOUNTABILITY, AND tions, seeks to provide officers with ability, and Due Process Act of 2007’’. DUE PROCESS OF STATE AND LOCAL certain basic protections in those juris- SEC. 2. FINDINGS AND DECLARATION OF PUR- LAW ENFORCEMENT OFFICERS. POSE AND POLICY. dictions where such workplace protec- ‘‘(a) DEFINITIONS.—In this section: (a) FINDINGS.—Congress finds that— ‘‘(1) DISCIPLINARY ACTION.—The term ‘dis- tions are not currently provided. First, (1) the rights of law enforcement officers to ciplinary action’ means any adverse per- this bill allows law enforcement offi- engage in political activity or to refrain sonnel action, including suspension, reduc- cials to engage in political activities from engaging in political activity, except tion in pay, rank, or other employment ben- when they are off-duty. Second, it pro- when on duty, or to run as candidates for efit, dismissal, transfer, reassignment, un- vides standards and procedures to public office, unless such service is found to reasonable denial of secondary employment, guide State and local law enforcement be in conflict with their service as officers, or similar punitive action taken against a agencies during internal investiga- are activities protected by the first amend- law enforcement officer. ment of the United States Constitution, as ‘‘(2) DISCIPLINARY HEARING.—The term ‘dis- tions, interrogations, and administra- applied to the States through the 14th ciplinary hearing’ means an administrative tive disciplinary hearings. Addition- amendment of the United States Constitu- hearing initiated by a law enforcement agen- ally, it calls upon States to develop tion, but these rights are often violated by cy against a law enforcement officer, based and enforce these disciplinary proce- the management of State and local law en- on an alleged violation of law, that, if prov- dures. The bill would preempt State forcement agencies; en, would subject the law enforcement offi- laws which confer fewer rights than (2) a significant lack of due process rights cer to disciplinary action. those provided for in the legislation, of law enforcement officers during internal ‘‘(3) EMERGENCY SUSPENSION.—The term but it would not preempt any State or investigations and disciplinary proceedings ‘emergency suspension’ means the tem- has resulted in a loss of confidence in these porary action by a law enforcement agency local laws that confer rights or protec- processes by many law enforcement officers, of relieving a law enforcement officer from tions that are equal to or exceed the including those unfairly targeted for their the active performance of law enforcement rights and protections afforded in the labor organization activities or for their ag- duties without a reduction in pay or benefits bill. For example, my own State of gressive enforcement of the laws, demor- when the law enforcement agency, or an offi- Delaware has a law enforcement offi- alizing many rank and file officers in com- cial within that agency, determines that cers’ bill of rights, and those proce- munities and States; there is probable cause, based upon the con- dures would not be impacted by the (3) unfair treatment of officers has poten- duct of the law enforcement officer, to be- provisions of this bill. tially serious long-term consequences for lieve that the law enforcement officer poses This bill will also include important law enforcement by potentially deterring or an immediate threat to the safety of that of- otherwise preventing officers from carrying ficer or others or the property of others. provisions that will enhance the ability out their duties and responsibilities effec- ‘‘(4) INVESTIGATION.—The term ‘investiga- of citizens to hold their local police de- tively and fairly; tion’— partments accountable. The legislation (4) the lack of labor-management coopera- ‘‘(A) means an action taken to determine includes provisions that will ensure tion in disciplinary matters and either the whether a law enforcement officer violated a citizen complaints against police offi- perception or the actuality that officers are law by a public agency or a person employed cers are investigated and that citizens not treated fairly detrimentally impacts the by a public agency, acting alone or in co- are informed of the outcome of these recruitment of and retention of effective of- operation with or at the direction of another investigations. The bill balances the ficers, as potential officers and experienced agency, or a division or unit within another officers seek other careers, which has serious agency, regardless of a denial by such an rights of police officers with the rights implications and repercussions for officer agency that any such action is not an inves- of citizens to raise valid concerns morale, public safety, and labor-manage- tigation; and about the conduct of some of these offi- ment relations and strife and can affect ‘‘(B) includes— cers. In addition, I have consulted with interstate and intrastate commerce, inter- ‘‘(i) asking questions of any other law en- constitutional experts who have opined fering with the normal flow of commerce; forcement officer or non-law enforcement of- that the bill is consistent with Con- (5) there are serious implications for the ficer; gress’ powers under the Commerce public safety of the citizens and residents of ‘‘(ii) conducting observations; Clause and that it does not run afoul of the United States which threatens the do- ‘‘(iii) reviewing and evaluating reports, mestic tranquility of the United States be- records, or other documents; and the Supreme Court’s Tenth Amend- cause of a lack of statutory protections to ‘‘(iv) examining physical evidence. ment jurisprudence. ensure— ‘‘(5) LAW ENFORCEMENT OFFICER.—The I would also like to note that I un- (A) the due process and political rights of terms ‘law enforcement officer’ and ‘officer’ derstand the objections that many law enforcement officers; have the meaning given the term ‘law en- management groups, including the (B) fair and thorough internal investiga- forcement officer’ in section 1204, except the International Association of Chiefs of tions and interrogations of and disciplinary term does not include a law enforcement of- Police’s, have to this measure. I have proceedings against law enforcement offi- ficer employed by the United States, or any discussed this with them, and I’ve cers; and department, agency, or instrumentality pledged that their views will be heard (C) effective procedures for receipt, review, thereof. and investigation of complaints against offi- ‘‘(6) PERSONNEL RECORD.—The term ‘per- and considered as this bill is debated in cers, fair to both officers and complainants; sonnel record’ means any document, whether Congress. It is my view that we must and in written or electronic form and irrespec- bridge this gap. Without a meeting of (6) resolving these disputes and problems tive of location, that has been or may be the minds between police management and preventing the disruption of vital police used in determining the qualifications of a

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or ment agency shall commence not later than sections (e) and paragraph (1). 15 days after the receipt of the complaint ‘‘(B) for a violation of law that has been ‘‘(3) PLACE OF QUESTIONING.—Unless the of- negotiated and agreed upon by the law en- by— ficer consents in writing to being questioned ‘‘(i) the law enforcement agency employing forcement agency and the law enforcement elsewhere, any questioning of a law enforce- the law enforcement officer against whom officer, based upon a written waiver by the ment officer under investigation shall take the complaint has been made; or officer of the rights of that officer under sub- place— ‘‘(ii) any other law enforcement agency section (i) and any other applicable law or ‘‘(A) at the office of the individual con- charged with investigating such a complaint. constitutional provision, after consultation ducting the investigation on behalf of the ‘‘(B) EXCEPTION.—Subparagraph (A) does with the counsel or representative of that of- law enforcement agency employing the offi- not apply if— ficer. cer under investigation; or ‘‘(i) the law enforcement agency deter- ‘‘(b) APPLICABILITY.— mines from the face of the complaint that ‘‘(B) the place at which the officer under ‘‘(1) IN GENERAL.—This section sets forth each allegation does not constitute a viola- investigation reports for duty. the due process rights, including procedures, tion of law; or ‘‘(4) IDENTIFICATION OF QUESTIONER.—Before that shall be afforded a law enforcement offi- ‘‘(ii) the complainant fails to comply sub- the commencement of any questioning, a law cer who is the subject of an investigation or stantially with the complaint procedure of enforcement officer under investigation shall disciplinary hearing. the law enforcement agency established be informed of— ‘‘(2) NONAPPLICABILITY.—This section does under this section. ‘‘(A) the name, rank, and command of the officer or other individual who will conduct not apply in the case of— ‘‘(3) COMPLAINANT OR VICTIM CONFLICT OF the questioning; and ‘‘(A) an investigation of specifically al- INTEREST.—The complainant or victim of the leged conduct by a law enforcement officer alleged violation of law giving rise to an in- ‘‘(B) the relationship between the indi- that, if proven, would constitute a violation vestigation under this subsection may not vidual conducting the questioning and the of a statute providing for criminal penalties; conduct or supervise the investigation or law enforcement agency employing the offi- or serve as an investigator. cer under investigation. ‘‘(B) a nondisciplinary action taken in ‘‘(e) NOTICE OF INVESTIGATION.— ‘‘(5) SINGLE QUESTIONER.—During any sin- good faith on the basis of the employment ‘‘(1) IN GENERAL.—Any law enforcement of- gle period of questioning of a law enforce- related performance of a law enforcement of- ficer who is the subject of an investigation ment officer under investigation, each ques- ficer. shall be notified of the investigation 24 hours tion shall be asked by or through 1 indi- vidual. ‘‘(c) POLITICAL ACTIVITY.— before the commencement of questioning of ‘‘(6) REASONABLE TIME PERIOD.—Any ques- ‘‘(1) RIGHT TO ENGAGE OR NOT TO ENGAGE IN such officer or to otherwise being required to tioning of a law enforcement officer under POLITICAL ACTIVITY.—Except when on duty or provide information to an investigating investigation shall be for a reasonable period acting in an official capacity, a law enforce- agency. of time and shall allow reasonable periods ment officer shall not be prohibited from en- ‘‘(2) CONTENTS OF NOTICE.—Notice given for the rest and personal necessities of the gaging in political activity or be denied the under paragraph (1) shall include— officer and the counsel or representative of right to refrain from engaging in political ‘‘(A) the nature and scope of the investiga- the officer, if such person is present. activity. tion; ‘‘(7) NO THREATS, FALSE STATEMENTS, OR ‘‘(2) RIGHT TO RUN FOR ELECTIVE OFFICE.—A ‘‘(B) a description of any allegation con- PROMISES TO BE MADE.— law enforcement officer shall not be— tained in a written complaint; ‘‘(A) IN GENERAL.—Except as provided in ‘‘(A) prohibited from being a candidate for ‘‘(C) a description of each violation of law subparagraph (B), no threat against, false or an elective office or from serving in such an alleged in the complaint for which suspicion misleading statement to, harassment of, or elective office, solely because of the status of exists that the officer may have engaged in promise of reward to a law enforcement offi- the officer as a law enforcement officer; or conduct that may subject the officer to dis- cer under investigation shall be made to in- ‘‘(B) required to resign or take an unpaid ciplinary action; and duce the officer to answer any question, give leave from employment with a law enforce- ‘‘(D) the name, rank, and command of the any statement, or otherwise provide infor- ment agency to be a candidate for an elec- officer or any other individual who will be mation. tive office or to serve in an elective office, conducting the investigation. ‘‘(B) EXCEPTION.—The law enforcement unless such service is determined to be in ‘‘(f) RIGHTS OF LAW ENFORCEMENT OFFICERS agency employing a law enforcement officer conflict with or incompatible with service as PRIOR TO AND DURING QUESTIONING INCI- under investigation may require the officer a law enforcement officer. DENTAL TO AN INVESTIGATION.—If a law en- forcement officer is subjected to questioning to make a statement relating to the inves- ‘‘(3) ADVERSE PERSONNEL ACTION.—An ac- incidental to an investigation that may re- tigation by explicitly threatening discipli- tion by a public agency against a law en- sult in disciplinary action against the offi- nary action, including termination, only if— forcement officer, including requiring the of- cer, the following minimum safeguards shall ‘‘(i) the officer has received a written grant ficer to take unpaid leave from employment, apply: of use and derivative use immunity or trans- in violation of this subsection shall be con- ‘‘(1) COUNSEL AND REPRESENTATION.— actional immunity by a person authorized to sidered an adverse personnel action within ‘‘(A) IN GENERAL.—Any law enforcement of- grant such immunity; and the meaning of subsection (a)(1). ficer under investigation shall be entitled to ‘‘(ii) the statement given by the law en- ‘‘(d) EFFECTIVE PROCEDURES FOR RECEIPT, effective counsel by an attorney or represen- forcement officer under such an immunity REVIEW, AND INVESTIGATION OF COMPLAINTS tation by any other person who the officer may not be used in any subsequent criminal AGAINST LAW ENFORCEMENT OFFICERS.— chooses, such as an employee representative, proceeding against that officer. ‘‘(1) COMPLAINT PROCESS.—Not later than 1 or both, immediately before and during the ‘‘(8) RECORDING.— year after the effective date of this section, entire period of any questioning session, un- ‘‘(A) IN GENERAL.—All questioning of a law each law enforcement agency shall adopt and less the officer consents in writing to being enforcement officer under an investigation comply with a written complaint procedure questioned outside the presence of counsel or shall be recorded in full, in writing or by that— representative. electronic device, and a copy of the tran- ‘‘(A) authorizes persons from outside the ‘‘(B) PRIVATE CONSULTATION.—During the script shall be provided to the officer under law enforcement agency to submit written course of any questioning session, the officer investigation before any subsequent period complaints about a law enforcement officer shall be afforded the opportunity to consult of questioning or the filing of any charge to— privately with counsel or a representative, if against that officer. ‘‘(i) the law enforcement agency employing such consultation does not repeatedly and ‘‘(B) SEPARATE RECORDING.—To ensure the the law enforcement officer; or unnecessarily disrupt the questioning period. accuracy of the recording, an officer may ‘‘(ii) any other law enforcement agency ‘‘(C) UNAVAILABILITY OF COUNSEL.—If the utilize a separate electronic recording de- charged with investigating such complaints; counsel or representative of the law enforce- vice, and a copy of any such recording (or

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the transcript) shall be provided to the pub- ‘‘(B) the name and mailing address of the ‘‘(10) SUMMONSES AND SUBPOENAS.— lic agency conducting the questioning, if independent and impartial hearing officer, or ‘‘(A) IN GENERAL.—The disciplinary hearing that agency so requests. the names and mailing addresses of the inde- board or independent hearing officer— ‘‘(9) USE OF HONESTY TESTING DEVICES PRO- pendent and impartial hearing board mem- ‘‘(i) shall have the authority to issue sum- HIBITED.—No law enforcement officer under bers; and monses or subpoenas, on behalf of— investigation may be compelled to submit to ‘‘(C) the name, rank, command, and ad- ‘‘(I) the law enforcement agency employing the use of a lie detector, as defined in section dress of the law enforcement officer pros- the officer who is the subject of the hearing; 2 of the Employee Polygraph Protection Act ecuting the matter for the law enforcement or of 1988 (29 U.S.C. 2001). agency, or the name, position, and mailing ‘‘(II) the law enforcement officer who is the ‘‘(g) NOTICE OF INVESTIGATIVE FINDINGS AND address of the person prosecuting the matter subject of the hearing; and DISCIPLINARY RECOMMENDATION AND OPPOR- for a public agency, if the prosecutor is not ‘‘(ii) upon written request of either the law TUNITY TO SUBMIT A WRITTEN RESPONSE.— a law enforcement officer. enforcement agency or the officer, shall ‘‘(1) NOTICE.—Not later than 30 days after ‘‘(5) ACCESS TO DOCUMENTARY EVIDENCE AND issue a summons or subpoena, as appro- the conclusion of an investigation under this INVESTIGATIVE FILE.—Unless waived in writ- priate, to compel the appearance and testi- section, the person in charge of the inves- ing by the law enforcement officer or the mony of a witness or the production of docu- tigation or the designee of that person shall counsel or representative of that officer, not mentary evidence. notify the law enforcement officer who was later than 15 days before a disciplinary hear- ‘‘(B) EFFECT OF FAILURE TO COMPLY WITH the subject of the investigation, in writing, ing described in paragraph (4)(A), the law en- SUMMONS OR SUBPOENA.—With respect to any of the investigative findings and any rec- forcement officer shall be provided with— failure to comply with a summons or a sub- ommendations for disciplinary action. ‘‘(A) a copy of the complete file of the pre- poena issued under subparagraph (A)— ‘‘(2) OPPORTUNITY TO SUBMIT WRITTEN RE- disciplinary investigation; and ‘‘(i) the disciplinary hearing officer or SPONSE.— ‘‘(B) access to and, if so requested, copies board shall petition a court of competent ju- ‘‘(A) IN GENERAL.—Not later than 30 days of all documents, including transcripts, risdiction to issue an order compelling com- after receipt of a notification under para- records, written statements, written reports, pliance; and graph (1), and before the filing of any charge analyses, and electronically recorded infor- ‘‘(ii) subsequent failure to comply with seeking the discipline of such officer or the mation that— such a court order issued pursuant to a peti- commencement of any disciplinary pro- ‘‘(i) contain exculpatory information; tion under clause (i) shall— ceeding under subsection (h), the law en- ‘‘(ii) are intended to support any discipli- ‘‘(I) be subject to contempt of a court pro- forcement officer who was the subject of the nary action; or ceedings according to the laws of the juris- investigation may submit a written response ‘‘(iii) are to be introduced in the discipli- diction within which the disciplinary hear- to the findings and recommendations in- nary hearing. ing is being conducted; and cluded in the notification. ‘‘(6) EXAMINATION OF PHYSICAL EVIDENCE.— ‘‘(II) result in the recess of the disciplinary ‘‘(B) CONTENTS OF RESPONSE.—The response Unless waived in writing by the law enforce- hearing until the witness becomes available submitted under subparagraph (A) may in- ment officer or the counsel or representative to testify and does testify or is held in con- clude references to additional documents, of that officer— tempt. physical objects, witnesses, or any other in- ‘‘(A) not later than 15 days before a dis- ‘‘(11) CLOSED HEARING.—A disciplinary formation that the law enforcement officer ciplinary hearing, the prosecuting agency hearing shall be closed to the public unless believes may provide exculpatory evidence. shall notify the law enforcement officer or the law enforcement officer who is the sub- ‘‘(h) DISCIPLINARY HEARINGS.— the counsel or representative of that officer ject of the hearing requests, in writing, that ‘‘(1) NOTICE OF OPPORTUNITY FOR HEARING.— of all physical, non-documentary evidence; the hearing be open to specified individuals Except in a case of summary punishment or and or to the general public. emergency suspension (subject to subsection ‘‘(B) not later than 10 days before a dis- ‘‘(12) RECORDING.—All aspects of a discipli- (k)), before the imposition of any discipli- ciplinary hearing, the prosecuting agency nary hearing, including pre-hearing motions, nary action the law enforcement agency shall provide a reasonable date, time, place, shall be recorded by audio tape, video tape, shall notify the officer that the officer is en- and manner for the law enforcement officer or transcription. titled to a due process hearing by an inde- or the counsel or representative of the law ‘‘(13) SEQUESTRATION OF WITNESSES.—Either pendent and impartial hearing officer or enforcement officer to examine the evidence side in a disciplinary hearing may move for board. described in subparagraph (A). and be entitled to sequestration of witnesses. ‘‘(2) REQUIREMENT OF DETERMINATION OF ‘‘(7) IDENTIFICATION OF WITNESSES.—Unless ‘‘(14) TESTIMONY UNDER OATH.—The hearing VIOLATION.—No disciplinary action may be waived in writing by the law enforcement of- officer or board shall administer an oath or taken against a law enforcement officer un- ficer or the counsel or representative of the affirmation to each witness, who shall tes- less an independent and impartial hearing officer, not later than 15 days before a dis- tify subject to the laws of perjury of the officer or board determines, after a hearing ciplinary hearing, the prosecuting agency State in which the disciplinary hearing is and in accordance with the requirements of shall notify the law enforcement officer or being conducted. this subsection, that the law enforcement of- the counsel or representative of the officer, ‘‘(15) FINAL DECISION ON EACH CHARGE.— ficer committed a violation of law. of the name and address of each witness for ‘‘(A) IN GENERAL.—At the conclusion of the ‘‘(3) TIME LIMIT.—No disciplinary charge the law enforcement agency employing the presentation of all the evidence and after may be brought against a law enforcement law enforcement officer. oral or written argument, the hearing officer officer unless— ‘‘(8) REPRESENTATION.—During a discipli- or board shall deliberate and render a writ- ‘‘(A) the charge is filed not later than the nary hearing, the law enforcement officer ten final decision on each charge. earlier of— who is the subject of the hearing shall be en- ‘‘(B) FINAL DECISION ISOLATED TO CHARGE ‘‘(i) 1 year after the date on which the law titled to due process, including— BROUGHT.—The hearing officer or board may enforcement agency filing the charge had ‘‘(A) the right to be represented by counsel not find that the law enforcement officer knowledge or reasonably should have had or a representative; who is the subject of the hearing is liable for knowledge of an alleged violation of law; or ‘‘(B) the right to confront and examine all disciplinary action for any violation of law ‘‘(ii) 90 days after the commencement of an witnesses against the officer; and as to which the officer was not charged. investigation; or ‘‘(C) the right to call and examine wit- ‘‘(16) BURDEN OF PERSUASION AND STANDARD ‘‘(B) the requirements of this paragraph nesses on behalf of the officer. OF PROOF.—The burden of persuasion or are waived in writing by the officer or the ‘‘(9) HEARING BOARD AND PROCEDURE.— standard of proof of the prosecuting agency counsel or representative of the officer. ‘‘(A) IN GENERAL.—A State or local govern- shall be— ‘‘(4) NOTICE OF HEARING.—Unless waived in ment agency, other than the law enforce- ‘‘(A) by clear and convincing evidence as to writing by the officer or the counsel or rep- ment agency employing the officer who is each charge alleging false statement or rep- resentative of the officer, not later than 30 subject of the disciplinary hearing, shall— resentation, fraud, dishonesty, deceit, moral days after the filing of a disciplinary charge ‘‘(i) determine the composition of an inde- turpitude, or criminal behavior on the part against a law enforcement officer, the law pendent and impartial disciplinary hearing of the law enforcement officer who is the enforcement agency filing the charge shall board; subject of the charge; and provide written notification to the law en- ‘‘(ii) appoint an independent and impartial ‘‘(B) by a preponderance of the evidence as forcement officer who is the subject of the hearing officer; and to all other charges. charge, of— ‘‘(iii) establish such procedures as may be ‘‘(17) FACTORS OF JUST CAUSE TO BE CONSID- ‘‘(A) the date, time, and location of any necessary to comply with this section. ERED BY THE HEARING OFFICER OR BOARD.—A disciplinary hearing, which shall be sched- ‘‘(B) PEER REPRESENTATION ON DISCIPLINARY law enforcement officer who is the subject of uled in cooperation with the law enforce- HEARING BOARD.—A disciplinary hearing a disciplinary hearing shall not be found ment officer, or the counsel or representa- board that includes employees of the law en- guilty of any charge or subjected to any dis- tive of the officer, and which shall take place forcement agency employing the law en- ciplinary action unless the disciplinary hear- not earlier than 30 days and not later than 60 forcement officer who is the subject of the ing board or independent hearing officer days after notification of the hearing is hearing, shall include not less than 1 law en- finds that— given to the law enforcement officer under forcement officer of equal or lesser rank to ‘‘(A) the officer who is the subject of the investigation; the officer who is the subject of the hearing. charge could reasonably be expected to have

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State or local law that confers a right or of the officer who is the subject of the protection that equals or exceeds a right or charge. ‘‘(n) DECLARATORY OR INJUNCTIVE RELIEF.— A law enforcement officer who is aggrieved protection afforded by this section. ‘‘(18) NO COMMISSION OF A VIOLATION.—If the by a violation of, or is otherwise denied any ‘‘(2) STATE OR LOCAL LAWS PREEMPTED.—A officer who is the subject of the disciplinary right afforded by, the Constitution of the State or local law, or any provision of a hearing is found not to have committed the United States, a State constitution, this sec- State or local law, that confers fewer rights alleged violation— tion, or any administrative rule or regula- or provides less protection for a law enforce- ‘‘(A) the matter is concluded; tion promulgated pursuant thereto, may file ment officer than any provision in this sec- ‘‘(B) no disciplinary action may be taken suit in any Federal or State court of com- tion shall be preempted by this section. against the officer; petent jurisdiction for declaratory or injunc- ‘‘(q) COLLECTIVE BARGAINING AGREE- ‘‘(C) the personnel record of that officer tive relief to prohibit the law enforcement MENTS.—Nothing in this section may be con- shall not contain any reference to the charge agency from violating or otherwise denying strued to— for which the officer was found not guilty; such right, and such court shall have juris- ‘‘(1) preempt any provision in a mutually and diction, for cause shown, to restrain such a agreed-upon collective bargaining agree- ‘‘(D) any pay and benefits lost or deferred violation or denial. ment, in effect on the date of enactment of during the pendency of the disposition of the ‘‘(o) PROTECTION OF LAW ENFORCEMENT OF- the State and Local Law Enforcement Dis- charge shall be restored to the officer as FICER PERSONNEL FILES.— cipline, Accountability, and Due Process Act though no charge had ever been filed against ‘‘(1) RESTRICTIONS ON ADVERSE MATERIAL of 2007, that provides for substantially the the officer, including salary or regular pay, MAINTAINED IN OFFICERS’ PERSONNEL same or a greater right or protection af- vacation, holidays, longevity pay, education RECORDS.— forded under this section; or incentive pay, shift differential, uniform al- ‘‘(A) IN GENERAL.—Unless the officer has ‘‘(2) prohibit the negotiation of any addi- lowance, lost overtime, or other premium had an opportunity to review and comment, tional right or protection for an officer who pay opportunities, and lost promotional op- in writing, on any adverse material gen- is subject to any collective bargaining agree- portunities. erated after the effective date of the State ment.’’. ‘‘(19) COMMISSION OF A VIOLATION.— and Local Law Enforcement Discipline, Ac- (b) TECHNICAL AMENDMENT.—The table of ‘‘(A) IN GENERAL.—If the officer who is the countability, and Due Process Act of 2007 to contents of title I of the Omnibus Crime Con- subject of the charge is found to have com- be included in a personnel record relating to trol and Safe Streets Act of 1968 (42 U.S.C. mitted the alleged violation, the hearing of- the officer, no law enforcement agency or 3711 et seq.) is amended by inserting after ficer or board shall make a written rec- other governmental entity may— the item relating to section 819 the fol- ommendation of a penalty to the law en- ‘‘(i) include the adverse material in that lowing: forcement agency employing the officer or personnel record; or any other governmental entity that has final ‘‘(ii) possess or maintain control over the ‘‘Sec. 820. Discipline, accountability, and disciplinary authority, as provided by appli- adverse material in any form as a personnel due process of State and local cable State or local law. record within the law enforcement agency or law enforcement officers.’’. ‘‘(B) PENALTY.—The employing agency or elsewhere in the control of the employing SEC. 4. PROHIBITION OF FEDERAL CONTROL other governmental entity may not impose a governmental entity. OVER STATE AND LOCAL CRIMINAL penalty greater than the penalty rec- ‘‘(B) RESPONSIVE MATERIAL.—Any respon- JUSTICE AGENCIES. ommended by the hearing officer or board. sive material provided by an officer to ad- Nothing in this Act or the amendments ‘‘(20) APPEAL.—Any officer who has been verse material included in a personnel record made by this Act shall be construed to au- found to have committed an alleged viola- pertaining to the officer shall be— thorize any department, agency, officer, or tion may appeal from a final decision of a ‘‘(i) attached to the adverse material; and employee of the United States to exercise hearing officer or hearing board to a court of ‘‘(ii) released to any person or entity to any direction, supervision, or control of any competent jurisdiction or to an independent whom the adverse material is released in ac- police force or any criminal justice agency of neutral arbitrator to the extent available in cordance with law and at the same time as any State or any political subdivision there- any other administrative proceeding under the adverse material is released. of. applicable State or local law, or a collective ‘‘(2) RIGHT TO INSPECTION OF, AND RESTRIC- SEC. 5. EFFECTIVE DATE. bargaining agreement. TIONS ON ACCESS TO INFORMATION IN, THE OFFI- The amendments made by this Act shall ‘‘(i) WAIVER OF RIGHTS.— CER’S OWN PERSONNEL RECORDS.— take effect with respect to each State on the ‘‘(1) IN GENERAL.—An officer who is notified ‘‘(A) IN GENERAL.—Subject to subparagraph earlier of— that the officer is under investigation or is (B), a law enforcement officer shall have the (1) 2 years after the date of enactment of the subject of a charge may, after such noti- right to inspect all of the personnel records this Act; or fication, waive any right or procedure guar- of the officer not less than annually. (2) the conclusion of the second legislative anteed by this section. ‘‘(B) RESTRICTIONS.—A law enforcement of- session of the State that begins on or after ‘‘(2) WRITTEN WAIVER.—A written waiver ficer shall not have access to information in the date of enactment of this Act. under this subsection shall be— the personnel records of the officer if the in- ‘‘(A) in writing; and formation— By Mr. AKAKA (for himself, Mr. ‘‘(i) relates to the investigation of alleged ‘‘(B) signed by— COCHRAN, Mr. DODD, Mr. FEIN- ‘‘(i) the officer, who shall have consulted conduct that, if proven, would constitute or have constituted a definite violation of a GOLD, and Mr. DURBIN): with counsel or a representative before sign- S. 451. A bill to establish a National ing any such waiver; or statute providing for criminal penalties, but ‘‘(ii) the counsel or representative of the as to which no formal charge was brought; Foreign language Coordination Coun- officer, if expressly authorized by subsection ‘‘(ii) contains letters of reference for the cil; to the Committee on Health, Edu- (h). officer; cation, Labor, and Pensions. ‘‘(j) SUMMARY PUNISHMENT.—Nothing in ‘‘(iii) contains any portion of a test docu- Mr. AKAKA. Mr. President, I am this section shall preclude a public agency ment other than the results; pleased to reintroduce the National ‘‘(iv) is of a personal nature about another from imposing summary punishment. Foreign Language Coordination Act ‘‘(k) EMERGENCY SUSPENSION.—Nothing in officer, and if disclosure of that information this section may be construed to preclude a in non-redacted form would constitute a with my colleagues Senators THAD law enforcement agency from imposing an clearly unwarranted intrusion into the pri- COCHRAN, CHRISTOPHER DODD, and RUS- emergency suspension on a law enforcement vacy rights of that other officer; or SELL FEINGOLD. We are joined by

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1426 CONGRESSIONAL RECORD — SENATE January 31, 2007 Representative BRIAN BAIRD, who is of- foreign language education. However, (2) The Secretary of Education. fering a companion bill in the House of according to the Committee on Eco- (3) The Secretary of Defense. Representatives today as well. nomic Development, many of our (4) The Secretary of State. The legislation we introduce today (5) The Secretary of Homeland Security. schools do not have foreign language (6) The Attorney General. would implement a key recommenda- programs that address the educational (7) The Director of National Intelligence. tion of the 2004 Department of Defense, challenges of the 21st century. Many (8) The Secretary of Labor. DOD, National Language Conference to American students lack sufficient (9) The Director of the Office of Personnel establish a National Foreign Language knowledge of other countries, lan- Management. Coordination Council, chaired by a Na- guages, and cultures to compete effec- (10) The Director of the Office of Manage- tional Language Director. An inte- tively in the global marketplace. ment and Budget. grated foreign language strategy and Specifically, our bill ensures that the (11) The Secretary of Commerce. sustained leadership within the Federal (12) The Secretary of Health and Human key recommendations of the DOD Na- Services. Government is needed to address the tional Language Conference will be im- (13) The Secretary of the Treasury. lack of foreign language proficient plemented by: Developing policies and (14) The Secretary of Housing and Urban speakers in government and in busi- programs that build the Nation’s lan- Development. ness. Without such a coordinated strat- guage and cultural understanding capa- (15) The Secretary of Agriculture. egy, I fear that the country’s national bility; engaging Federal, State, and (16) The Chairman and President of the Ex- and economic security will be at great- local agencies and the private sector in port-Import Bank of the United States. er risk. solutions; developing language and cul- (17) The heads of such other Federal agen- The communications failures of 9/11 cies as the Council considers appropriate. tural competency across public and pri- (d) RESPONSIBILITIES.— clearly demonstrate that we can no vate sectors; developing language (1) IN GENERAL.—The Council shall be longer ignore the consequence of our skills in a wide range of critical lan- charged with— citizens being unable to converse flu- guages; strengthening our education (A) overseeing, coordinating, and imple- ently in languages other than English. system, programs, and tools in foreign menting the National Security Language The fact that only 9.3 percent of all languages and cultures; and inte- Initiative; (B) developing a national foreign language Americans speak both their native lan- grating language training into career guages and another language fluently, strategy, building upon the efforts of the Na- fields and increase the number of lan- tional Security Language Initiative, within compared with 56 percent of people in guage professionals. 18 months after the date of the enactment of the European Union is troubling. The Last week, the Subcommittee on this section, in consultation with— Iraq Study Group reported last month Oversight of Government Management, (i) State and local government agencies; that of the 1,000 American embassy em- the Federal Workforce, and the Dis- (ii) academic sector institutions; ployees in Baghdad, only 33 speak Ara- trict of Columbia, which I chair, held a (iii) foreign language related interest bic, and just 6 of them are fluent in hearing on the Federal Government’s groups; this critical language. The shortfall of (iv) business associations; language strategy. Dr. Diane (v) industry; skilled linguists prompted the Iraq Birckbich1er, director of the Foreign (vi) heritage associations; and Study Group to recommend that ‘‘The Language Center and chair of the De- (vii) other relevant stakeholders; Secretary of State, the Secretary of partments of French and Italian at (C) conducting a survey of the status of Defense, and the Director of National Ohio State University, testified that Federal agency foreign language and area ex- Intelligence should accord the highest ‘‘if there is a national language strat- pertise and agency needs for such expertise; possible priority to professional lan- egy, it isn’t very well known.’’ She fur- and guage proficiency and cultural train- (D) monitoring the implementation of such ther recommended the development of strategy through— ing, in general and specifically for U.S. a national language policy to create a (i) application of current and recently en- officers and personnel about to be as- language-ready workforce for the fu- acted laws; and signed to Iraq.’’ ture. (ii) the promulgation and enforcement of The Federal Government has an es- To strengthen the role of the United rules and regulations. sential role to play by collaborating States in the world, our country must (2) STRATEGY CONTENT.—The strategy de- with educators, State and local govern- ensure that there is a sufficient num- veloped under paragraph (1) shall include— ments, foreign language associations, ber of individuals who are proficient in (A) recommendations for amendments to and the private sector to increase the title 5, United States Code, in order to im- languages other than their native lan- prove the ability of the Federal Government number of Americans who speak and guages. Increasing foreign language to recruit and retain individuals with foreign understand foreign languages. A Na- skills enhances national security, just language proficiency and provide foreign lan- tional Foreign Language Coordination as increasing foreign language skills guage training for Federal employees; Council brings these diverse interests enhances the ability of Americans to (B) the long term goals, anticipated effect, together to shape a much needed, com- compete on a more global playing field. and needs of the National Security Language prehensive approach. Just as I have ad- I ask my colleagues to support this Initiative; vocated the need for deputy secretaries legislation and unanimous consent (C) identification of crucial priorities for management at the Departments of that the text of the bill be printed in across all sectors; (D) identification and evaluation of Fed- Defense and Homeland Security to di- the RECORD. eral foreign language programs and activi- rect and sustain management leader- There being no objection, the text of ties, including— ship, I envision a National Language the bill was ordered to be printed in (i) any duplicative or overlapping pro- Director to be responsible for main- the RECORD, as follows: grams that may impede efficiency; taining and leading a cooperative ef- S. 451 (ii) recommendations on coordination; fort to strengthen our foreign language Be it enacted by the Senate and House of Rep- (iii) program enhancements; and capabilities. resentatives of the United States of America in (iv) allocation of resources so as to maxi- Our Nation’s security is at risk with- Congress assembled, mize use of resources; (E) needed national policies and cor- out a sufficient number of foreign lan- SECTION 1. ESTABLISHMENT OF NATIONAL FOR- responding legislative and regulatory ac- guage proficient individuals. Counter- EIGN LANGUAGE COORDINATION COUNCIL. tions in support of, and allocation of des- terrorism intelligence will go (a) SHORT TITLE.—This Act may be cited as ignated resources to, promising programs untranslated and opportunities will be the ‘‘National Foreign Language Coordina- and initiatives at all levels (Federal, State, missed. Equally important is pre- tion Act of 2007’’. and local), especially in the less commonly serving the economic competitiveness (b) ESTABLISHMENT.—There is established taught languages that are seen as critical for of the United States. Globalization in the Executive Office of the President a national security and global competitiveness means that Americans must compete National Foreign Language Coordination during the next 20 to 50 years; for jobs in a marketplace no longer Council (in this section referred to as the (F) effective ways to increase public aware- ‘‘Council’’). ness of the need for foreign language skills confined to the boundaries of the (c) MEMBERSHIP.—The Council shall consist and career paths in all sectors that can em- United States. In short, both the secu- of the following members or their designees: ploy those skills, with the objective of in- rity and economic vitality of the (1) The National Language Director, who creasing support for foreign language study United States are tied to improving shall serve as the chairperson of the Council. among—

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(2) RELEVANT COMMITTEES.—For purposes ondary educational institutions; and (3) EXPERTS AND CONSULTANTS.—With the of paragraph (1), the relevant committees of (v) employers; approval of the Council, the Director may Congress include— (G) recommendations for incentives for re- procure temporary and intermittent services (A) in the House of Representatives— lated educational programs, including for- under section 3109(b) of title 5, United States (i) the Committee on Appropriations; eign language teacher training; Code. (ii) the Committee on Armed Services; (H) coordination of cross-sector efforts, in- (4) TRAVEL EXPENSES.—Council members (iii) the Committee on Education and cluding public-private partnerships; and staff shall be allowed travel expenses, in- Labor; (I) coordination initiatives to develop a cluding per diem in lieu of subsistence, at (iv) the Committee on Oversight and Gov- strategic posture for language research and rates authorized for employees of agencies ernment Reform; recommendations for funding for applied for- under subchapter I of chapter 57 of title 5, (v) the Committee on Small Business; eign language research into issues of na- United States Code, while away from their (vi) the Committee on Foreign Affairs; and tional concern; homes or regular places of business in the (vii) the Permanent Select Committee on (J) recommendations for assistance for— performance of services for the Council. Intelligence; (i) the development of foreign language (5) SECURITY CLEARANCE.— (B) in the Senate— achievement standards; and (A) IN GENERAL.—Subject to subparagraph (i) the Committee on Appropriations; (ii) corresponding assessments for the ele- (B), the appropriate Federal agencies or de- (ii) the Committee on Armed Services; mentary, secondary, and postsecondary edu- partments shall cooperate with the Council (iii) the Committee on Health, Education, cation levels, including the National Assess- in expeditiously providing to the Council Labor, and Pensions; ment of Educational Progress in foreign lan- members and staff appropriate security (iv) the Committee on Homeland Security guages; clearances to the extent possible pursuant to and Governmental Affairs; (K) recommendations for development of— existing procedures and requirements. (v) the Committee on Foreign Relations; (i) language skill-level certification stand- (B) EXCEPTION.—No person shall be pro- and ards; vided with access to classified information (vi) the Select Committee on Intelligence. (ii) frameworks for pre-service and profes- under this section without the appropriate (k) ESTABLISHMENT OF A NATIONAL LAN- sional development study for those who required security clearance access. GUAGE DIRECTOR.— teach foreign language; (6) COMPENSATION.—The rate of pay for any (1) IN GENERAL.—There is established a Na- (iii) suggested graduation criteria for for- employee of the Council (including the Di- tional Language Director who shall be ap- eign language studies and appropriate non- rector) may not exceed the rate payable for pointed by the President. The National Lan- language studies, such as— level V of the Executive Schedule under sec- guage Director shall be a nationally recog- (I) international business; tion 5316 of title 5, United States Code. nized individual with credentials and abili- (II) national security; (h) POWERS.— ties across the sectors to be involved with (III) public administration; (1) DELEGATION.—Any member or employee creating and implementing long-term solu- (IV) health care; of the Council may, if authorized by the tions to achieving national foreign language (V) engineering; Council, take any action that the Council is and cultural competency. (VI) law; authorized to take in this section. (2) RESPONSIBILITIES.—The National Lan- (VII) journalism; and (2) INFORMATION.— guage Director shall— (VIII) sciences; (A) COUNCIL AUTHORITY TO SECURE.—The (A) develop and monitor the implementa- (L) identification of and means for repli- Council may secure directly from any Fed- tion of a national foreign language strategy, cating best practices at all levels and in all eral agency such information, consistent built upon the efforts of the National Secu- sectors, including best practices from the with Federal privacy laws, including The rity Language Initiative, across all sectors; international community; and Family Educational Rights and Privacy Act (B) establish formal relationships among (M) recommendations for overcoming bar- (20 U.S.C. 1232g) and Department of Edu- the major stakeholders in meeting the needs riers in foreign language proficiency. cation’s General Education Provisions Act of the Nation for improved capabilities in (3) NATIONAL SECURITY LANGUAGE INITIA- (20 U.S.C. 1232(h)), the Council considers nec- foreign languages and cultural under- TIVE.—The term ‘‘National Security Lan- essary to carry out its responsibilities. standing, including Federal, State, and local guage Initiative’’ means the comprehensive (B) REQUIREMENT TO FURNISH REQUESTED IN- government agencies, academia, industry, national plan of the President announced on FORMATION.—Upon request of the Director, labor, and heritage communities; and January 5, 2006, and under the direction of the head of such agency shall furnish such (C) coordinate and lead a public informa- the Secretaries of State, Education, and De- information to the Council. tion campaign that raises awareness of pub- fense and the Director of National Intel- (3) DONATIONS.—The Council may accept, lic and private sector careers requiring for- ligence to expand foreign language education use, and dispose of gifts or donations of serv- eign language skills and cultural under- for national security purposes in the United ices or property. standing, with the objective of increasing in- States. (4) MAIL.—The Council may use the United terest in and support for the study of foreign (e) SUBMISSION OF STRATEGY TO PRESIDENT States mail in the same manner and under languages among national leaders, the busi- AND CONGRESS.—Not later than 18 months ness community, local officials, parents, and after the date of enactment of this section, the same conditions as other Federal agen- individuals. the Council shall prepare and transmit to cies. the President and the relevant committees (i) CONFERENCES, NEWSLETTER, AND (l) ENCOURAGEMENT OF STATE INVOLVE- of Congress the strategy required under sub- WEBSITE.—In carrying out this section, the MENT.— section (d). Council— (1) STATE CONTACT PERSONS.—The Council (f) MEETINGS.—The Council may hold such (1) may arrange Federal, regional, State, shall consult with each State to provide for meetings, and sit and act at such times and and local conferences for the purpose of de- the designation by each State of an indi- places, as the Council considers appropriate, veloping and coordinating effective programs vidual to serve as a State contact person for but shall meet in formal session at least 2 and activities to improve foreign language the purpose of receiving and disseminating times a year. State and local government education; information and communications received agencies and other organizations (such as (2) may publish a newsletter concerning from the Council. academic sector institutions, foreign lan- Federal, State, and local programs that are (2) STATE INTERAGENCY COUNCILS AND LEAD guage-related interest groups, business asso- effectively meeting the foreign language AGENCIES.—Each State is encouraged to es- ciations, industry, and heritage community needs of the nation; and tablish a State interagency council on for- organizations) shall be invited, as appro- (3) shall create and maintain a website eign language coordination or designate a priate, to public meetings of the Council at containing information on the Council and lead agency for the State for the purpose of least once a year. its activities, best practices on language assuming primary responsibility for coordi- (g) STAFF.— education, and other relevant information. nating and interacting with the Council and (1) IN GENERAL.—The Director may— State and local government agencies as nec- (A) appoint, without regard to the provi- (j) ANNUAL REPORT.— essary. sions of title 5, United States Code, gov- (1) REQUIREMENT.—Not later than 90 days erning the competitive service, such per- after the date of the enactment of this Act, (m) CONGRESSIONAL NOTIFICATION.—The sonnel as the Director considers necessary; and annually thereafter, the Council shall Council shall provide to Congress such infor- and prepare and transmit to the President and mation as may be requested by Congress, (B) compensate such personnel without re- the relevant committees of Congress a report through reports, briefings, and other appro- gard to the provisions of chapter 51 and sub- that describes— priate means. chapter III of chapter 53 of that title. (A) the activities of the Council; (n) AUTHORIZATION OF APPROPRIATIONS.— (2) DETAIL OF GOVERNMENT EMPLOYEES.— (B) the efforts of the Council to improve There are authorized to be appropriated such Upon request of the Council, any Federal foreign language education and training; and sums as necessary to carry out this section.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1428 CONGRESSIONAL RECORD — SENATE January 31, 2007 By Mr. OBAMA (for himself, Mr. them. There is no place for politics in being introduced today is an important step SCHUMER, Mr. LEAHY, Mr. this debate—no room for those who feel toward making elections more honest and CARDIN, Mr. FEINGOLD, Mr. that they can gain a partisan advan- fair. There is no reason it should not be passed by Congress unanimously. KERRY, Mrs. FEINSTEIN, Mrs. tage by keeping people away from the CLINTON, Mrs. BOXER, and Mr. polls. It’s time to get this done in a bi- Mr. SCHUMER. Mr. President, I rise KENNEDY): partisan fashion, and I believe this bill today to join with Senator OBAMA in S. 453. A bill to prohibit deceptive can make it happen. introducing landmark legislation to practices in Federal elections; to the I ask unanimous consent that a New protect the most sacred right of our de- Committee on the Judiciary. York Times editorial from January 31, mocracy: the right to vote. The Obama-Schumer Deceptive Practices Mr. OBAMA. Mr. President, I am 2007, be printed in the RECORD. pleased to introduce a bill today that There being no objection, the edi- and Voter Intimidation Prevention Act seeks to address the all-too-common torial was ordered to be printed in the of 2007 will end the deceptive practices that have become far too common in efforts to deceive voters in order to RECORD, as follows: keep them away from the polls. recent elections. [From the New York Times, Jan. 31, 2007] At the outset, I want to commend my It’s hard to imagine that we even HONESTY IN ELECTIONS need a bill like this. But, unfortu- colleague from Illinois, Senator On Election Day last fall in Maryland, fli- OBAMA, for his leadership on this im- nately, there are people who will stop ers were handed out in black neighborhoods at nothing to try to deceive voters and portant issue. It has been a great pleas- with the heading ‘‘Democratic Sample Bal- ure to work with him to draft this bill. keep them away from the polls. What’s lot’’ and photos of black Democratic lead- I am also proud that we are joined by worse, these practices often target and ers—and boxes checked off beside the names Senators LEAHY, CARDIN, FEINGOLD, exploit vulnerable populations, such as of the Republican candidates for senator and KERRY, FEINSTEIN, and CLINTON as minorities, the disabled, or the poor. governor. They were a blatant attempt to original cosponsors of this legislation. We saw countless examples in this fool black voters into thinking the Repub- We all know that there is an urgent past election. Some of us remember the lican candidates were endorsed by black Democrats. In Orange County, Calif., 14,000 need for this legislation. The right to thousands of Latino voters in Orange Latino voters got letters in Spanish saying vote is the wellspring of our democ- County, California, who received let- it was a crime for immigrants to vote in a racy. Yet Americans have been pro- ters warning them in Spanish that, ‘‘if federal election. It didn’t say that immi- foundly shocked and disgusted in re- you are an immigrant, voting in a fed- grants who are citizens have the right to cent elections to see so many cynical vote. eral election is a crime that can result attempts to lie to voters in order to in incarceration.’’ Dirty tricks like these turn up every elec- tion season, in large part because they are so keep them from casting their ballots. Or the voters in Maryland who re- Let me give just a few examples. In ceived a ‘‘democratic sample ballot’’ rarely punished. But two Democratic sen- ators, Barack Obama of Illinois and Charles last year’s mid-term election, letters featuring a Republican candidate for Schumer of New York, are introducing a bill in Spanish were sent to voters in Or- Governor and a Republican candidate today that would make deceiving or intimi- ange County, CA, stating that it is a for U.S. Senator. dating voters a federal crime with substan- crime for an immigrant to vote. In Or the voters in Virginia who re- tial penalties. fact, immigrants who are naturalized ceived calls from a so-called ‘‘Virginia The bill aims at some of the most com- citizens have the right to vote just as monly used deceptive political tactics. It Elections Commission’’ informing any other American citizen does. them—falsely—that they were ineli- makes it a crime to knowingly tell voters the wrong day for an election. There have In 2006, as well, fliers were handed gible to vote. out on election day in Maryland that Or the voters who were told that they been numerous reports of organized efforts to use telephones, leaflets or posters to tell gave the impression that top Repub- couldn’t vote if they had family mem- voters, especially in minority areas, not to lican candidates for office were Demo- bers who had been convicted of a crime. vote on Election Day because voting has cratic candidates and were endorsed by Of course, these so-called warnings been postponed. prominent African Americans. These have no basis in fact, and are made The bill would also criminalize making fliers were a clear and deliberate at- with only one goal in mind—to keep false claims to voters about who has en- tempt to mislead voters. Americans away from the polls. We see dorsed a candidate, or wrongly telling peo- In Virginia, registered voters re- ple—like immigrants who are registered vot- these problems year after year and ceived recorded calls that falsely stat- election and after election, and my ers in Orange County—that they cannot vote. ed that the recipient of the call was hope is that this bill will finally stop Along with defining these crimes and pro- registered in another State and would these practices in time for the next viding penalties of up to five years’ impris- face criminal charges if they came to election. onment, the bill would require the Justice the polls. That is why I am reintroducing the Department to counteract deceptive election These dirty tricks are not new. In Deceptive Practices and Voter Intimi- information that has been put out, and to re- 2002, fliers were distributed in public dation Prevention Act. It’s a bill that port to Congress after each election on what housing complexes in Louisiana, tell- makes voter intimidation and decep- deceptive practices occurred and what the ing people that they could cast their tion punishable by law, and it contains Justice Department did about them. The bill would also allow individuals to go votes 3 days after election day if the strong penalties so that people who to court to stop deceptive practices while weather was bad. commit these crimes suffer more than they are happening. That is important, given These schemes insult the intelligence just a slap on the wrist. The bill also how uninterested the current Justice De- of those they target, and they insult seeks to address the real harm of these partment has proved to be in cracking down our democracy. Yet they actually seem crimes—people who are prevented from on election season dirty tricks. to be growing more common. The voting by misinformation—by estab- The bill is careful to avoid infringing on shameful reality is that today, Federal lishing a process for reaching out to First Amendment rights, and that is the law does not prohibit wrongdoers from these misinformed voters with accu- right course. But in steering clear of regu- lating speech, it is not clear how effective spreading these lies. rate information so they can cast their the measure would be in addressing one of It is high time for Congress to do votes in time. the worst dirty tricks of last fall’s election: something about this disgraceful state Senator SCHUMER has joined me in a particular kind of deceptive ‘‘robocall’’ of affairs. The Obama-Schumer bill cre- introducing this legislation, and we are that was used against Democratic Congres- ates a new offense of voter deception. joined by our colleagues, Senator PAT- sional candidates. These calls, paid for by Under our legislation, anyone who in- RICK LEAHY, Chairman of the Judiciary the Republicans, sounded as if they had come tentionally lies to voters about certain Committee, and Senators CARDIN, from the Democrat; when a recipient hung key information will now face both up, the call was repeated over and over. The FEINGOLD, KERRY, FEINSTEIN and CLIN- civil penalties and criminal punish- intent was clearly to annoy the recipients so TON as original co-sponsors to this bill. they would not vote for the Democrat. ment of up to 5 years in prison or a There are some issues in this country While there are already laws that can be $100,000 fine. that are inherently difficult and polit- used against this sort of deceptive telephone The Obama-Schumer bill covers the ical. Making sure that every American harassment, a more specific bill aimed di- facts that are most critical for reach- can cast a ballot shouldn’t be one of rectly at these calls is needed. But the bill ing the polls—facts like where, when,

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It is a real threat to the right Practices and Voter Intimidation Pre- been doing to investigate and combat to vote when criminal elements are de- vention Act of 2007, a measure that these practices. In the information we liberately lying about something as would create new protections and ex- have obtained so far, it is apparent basic—yet as important—as the date of pand existing protections against the that the Justice Department has not the election. These types of lies are the use of deceptive practices in elections. done enough and additional tools are poll taxes of today. They are being There are few things as critical to needed. used to build a barrier around polling the fabric of our Nation, and to Amer- The Deceptive Practices and Voter places and to disenfranchise voters in ican citizenship, as voting. The right to Intimidation Prevention Act of 2007 the most cynical and destructive way. vote and to have your vote count is a would expand the conduct currently Even when misinformation cam- foundational right, like our first prohibited by law to include the dis- paigns are not successful, because vot- amendment rights, because it secures semination of false information within ers are too smart and too determined the effectiveness of other protections. 60 days of an election about the time, to reach the polls, these deceptive The legitimacy of our government is place, and manner of the election, the practices make a mockery out of the dependent on the access all Americans qualifications for voter eligibility, or great tradition of American democ- have to the political process. the sponsor of public communications racy. These despicable attempts have We saw last year in nearly 20 hear- about an election. In addition, it would gone unpunished for far too long. The ings in the House and Senate on the re- provide new means of enforcing these Obama-Schumer bill provides strong authorization of the Voting Rights Act prohibitions and combating such dis- penalties to deter and punish the of- that there is a continuing need for the semination: it creates a private right fense of voter deception. vital voting rights protections that of action for persons aggrieved by the The Obama-Schumer bill will also in- landmark civil rights law provides for dissemination of such false informa- crease the maximum penalty for voter all Americans. But our need to protect tion; it provides criminal penalties for intimidation from 1 year to 5 years in the effective access of voters to the po- such false dissemination of up to 5 prison. Someone who tries to keep vot- litical process does not stop with those years and $100,000; and it provides that ers away from the polls with threats vital protections against discrimina- any person may report such false dis- should not be released with a slap on tion. I am concerned about increasing semination to the Attorney General, the wrist, and our bill will create real efforts on behalf of some candidates and if it is determined that such infor- penalties for this crime. and political parties to interfere with mation is false or deliberately mis- Finally, our legislation also ensures recent elections and undermine the leading, the Justice Department would that lies do not go unanswered and pass participation of many voters. So today be required to take action to provide for truth. Under the Obama-Schumer we take another step toward protecting corrective information. In addition, bill, the Department of Justice will be the exercise of the effective exercise of this bill provides an additional tool for responsible for getting the correct in- voting rights by ensuring that the ac- effective oversight by requiring the At- formation out to voters so that they cess to vote is not undermined by those torney General to report to Congress can get to the polls and cast their vote who would take away that access on allegations of the dissemination of without undue confusion. through deceit and false information. false information within 90 days of an As a check on whether elections are The Deceptive Practices and Voter election. being tainted by these practices, after Intimidation Prevention Act of 2007 By passing this bill and enacting it each election, the Attorney General would provide additional tools and into law, we can continue our march will have to report to Congress about criminal penalties to help combat the towards a more inclusive democracy allegations of voter deception and how kinds of practices used during the 2006 for all Americans. they were handled. We want to make midterms in places like Maryland and Mr. KENNEDY. Mr. President, it’s a sure that the Department of Justice Virginia. In Maryland, Republican privilege to join Senator OBAMA and uses the new tools that would be pro- leaders admitted to distributing mis- our other colleagues in sponsoring the vided under this bill. The Attorney leading flyers in African-American Deceptive Practices and Voter Intimi- General’s reports will give us a founda- communities on election day sug- dation Prevention Act, because it ad- tion for vigorous oversight. gesting that prominent African-Amer- dresses an essential aspect of voting Let me also be clear about what this ican Democrats supported Republican rights. For too long, we’ve ignored the legislation does not do. Senator OBAMA candidates. In Virginia, the FBI has in- festering problem of deceptive prac- and I have taken great care to craft a vestigated calls received by many vot- tices intended to intimidate and de- bill that will not run afoul of the first ers in heavily Democratic precincts di- ceive voters in our national elections amendment or prevent Americans from recting them to the wrong polling and suppress the vote of certain minor- expressing their political opinions. Our sites, giving incorrect information ity groups for partisan gain. The prob- bill strikes a balance between the need about their eligibility to vote, or en- lem is a continuing threat to our de- for political debate and the funda- couraging them not to vote on election mocracy, and it’s up to our new Con- mental right to vote. It is narrowly day. I supported a similar bill, S. 1975, gress to outlaw such practices, and I tailored: it applies only to activities in the last Congress, and I hope that we commend the Senator from Illinois for within 60 days prior to an election, and can move forward in this Congress. his leadership on this basic challenge. it covers only the key facts that voters Regrettably, the problems leading up In doing so, we must be vigilant to need to reach the polls and cast their to and on election day last year were ensure that the bill does not erode the votes without interference. This bill not limited to a few isolated incidents. important division of responsibility in will not limit legitimate debate, and it In the ninth precinct in Tucson, AZ, an the Department of Justice between will not punish honest mistakes. It is area with a heavy percentage of Latino civil rights enforcement by the Civil clear from the dirty tricks that Amer- voters, it has been reported that three Rights Division and the efforts by the ica has witnessed in recent elections vigilantes armed with a clipboard, a Criminal Division to combat voter that the Congress has a compelling in- video camera, and a visible firearm fraud. That division of responsibility is terest in protecting the right to vote stopped only Latino voters as they en- essential to convincing voters, particu- by regulating false speech that dis- tered and exited the polls on election larly those in poor or minority commu- enfranchises voters. We have a respon- day, issuing implied and overt threats. nities to have the trust necessary to sibility to act on that interest for the In Orange County, CA, Republican con- work with the Civil Rights Division sake of all Americans. gressional candidate Tan Nguyen ad- and to inform it of possible civil rights The Obama-Schumer Deceptive Prac- mitted that his campaign staffer sent violations. The bill should clearly pro- tices and Voter Intimidation Preven- letters to 73,000 households, spreading vide that, as traditionally has been the tion Act of 2007 will finally criminalize misinformation about voting require- case, the Voting Section of the Civil efforts to keep voters away from the ments apparently designed to suppress Rights Division may not investigate polls with deliberate lies. I hope and Latino voter turnout. matters of voter fraud, although it

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1430 CONGRESSIONAL RECORD — SENATE January 31, 2007 may provide technical advice and as- Because of the central role of the currently a student at the University sistance to other parts of the Depart- Pell Grant Program, I am deeply con- of Southern Maine and will graduate ment in carrying out the requirements cerned by the significant erosion in the this spring, in large part, because of of this legislation. purchasing power of the Pell grant that the help of Pell grants. As Andrew told We also need to guarantee that addi- has occurred in recent years. In 1975, me, ‘‘Without Pell grants, there is no tional resources are appropriated to the maximum Pell grant represented doubt that I would not have been able carry out the bill’s requirements, so approximately 80 percent of the costs to attend college. Although the current that resources will not be diverted of attending a public, 4-year institu- Pell grant award is a huge help, I still from other important law enforcement tion. Today, it covers only 33 percent feel the stress of sometimes having to activities of the Department. of these costs. decide between a badly-needed new pair In addition, we must ensure that the When lower levels of grant aid are of shoes and making my tuition pay- bill’s civil and criminal provisions are available, students are forced to make ments.’’ Andrew is thriving academi- not misused to erode voter participa- up the difference by taking on larger cally—he is on the Dean’s list—and he tion even further, particularly among and larger amounts of debt to finance is also the student body president and poor and minority voters by wrongly their education. Earlier this month, I is active as a community volunteer. targeting voter registration activities met with two students from the Uni- Increasing the maximum Pell award or chilling legitimate get-out-the-vote versity of Southern Maine who told me by $1,050 is going to make a real dif- efforts by organizations serving the that students graduating from 4-year ference for Andrew and other students public interest. institutions in Maine leave with an av- in their ability to pursue their college I look forward very much to working erage debt of $20,239. As startling as dreams. While I recognize that an in- with my colleagues to deal with these this figure may be, it underestimates crease to $5,100 in a single year is an specific issues, and to enact this impor- the true indebtedness of students, since ambitious goal, it is a worthy one for a tant new measure as part of our funda- it does not take into account credit nation that understands the opportuni- mental responsibility to protect the card debt or private loans that stu- ties that a college education brings. most basic right in our democracy, the dents use to help finance their edu- My legislation also amends the High- right to vote. cation. er Education Act to raise the minimum By Ms. COLLINS: The decline in the value of grant aid Pell award to $500, up from the current S. 454. A bill to provide an increase in and the growing reliance on loans have minimum of $400. The minimum award funding for Federal Pell Grants, to particularly negative consequences for level has not been increased in over 10 amend the Internal Revenue Code of low-income students. In fact, the stag- years. I believe we should ensure that 1986 in order to expand the deduction gering amount of debt required to fi- every student who qualifies for a Pell for interest paid on student loans, raise nance higher education may force some receives at least $500. the contribution limits for Coverdell low-income students to abandon their In addition to our efforts on behalf of Education Savings Accounts, and make plans to attend college altogether. Pell grants, there are other important the exclusion for employer provided As explained in a recent report by steps we can take to put higher edu- educational assistance permanent, and the Educational Policy Institute, cation in the reach of more families. for other purposes; to the Committee ‘‘Grants for Students: What they do, Ten years ago, in my first year as a on Finance. Why they work,’’ people from lower-in- Senator, I introduced S. 930, the ‘‘Col- Ms. COLLINS. Mr. President, I rise come backgrounds often place a higher lege Affordability and Access Act,’’ today to introduce the Improving Ac- value on having money to meet press- which contained three provisions de- cess to Higher Education Act. This leg- ing current needs, and accordingly, are signed to expand access to higher edu- islation would provide an increase in less likely to make investments where cation, and reduce its cost. These three the maximum Pell grant award to the financial return comes only in the provisions were enacted into law, in $5,100, as well as additional benefits to long term. According to the report, amended form, as part of the Taxpayer help make higher education more ac- ‘‘[L]ong term poverty encourages Relief Act of 1997. cessible and affordable. short-term thinking and those who ex- The proposal I am submitting today Our system of higher education is, in perience it tend to identify very builds upon each of those three provi- many ways, the envy of the world, but strongly with the expression ‘one in sions. First, in recognition of the in- its benefits have not been equally the hand is worth two in the bush.’’’ creased cost of higher education, my available. Unfortunately, family in- This is just one reason why the avail- proposal calls for an increase in the tax come still largely determines whether ability of loans does not solve the col- deduction available for interest paid on students will pursue higher education. lege access problem for low-income higher education loans. Second, my Students from families with incomes students, and why grant aid is so cru- proposal calls for a similar increase in above $75,000 are more than twice as cial. the contribution limit for tax-free likely to attend college as students That is why today I am introducing Coverdell Education Savings Accounts. from families with incomes of less than legislation that will raise the max- Third, the bill would make permanent $25,000. imum Pell grant award to $5,100, an in- the current tax-free treatment of em- To help remedy these inequities, the crease of more tha $1,000 in a single ployer-provided educational assistance Federal Government has committed year. While I recognize that this rep- programs. itself to a need-based system of student resents a significant increase in a sin- The value of the tax relief we pro- financial aid designed to help remove gle year, this increase is long overdue. vided 10 years ago has not kept pace the economic barriers to higher edu- The maximum grant award has been with the rising cost of higher edu- cation. Central to this effort over the essentially level-funded since Fiscal cation. According to data from the Col- past 30 years has been the Pell grant Year 2002. If we do not act soon Fiscal lege Board, 4-year private colleges now program. Year 2007 will become the fifth year in charge $30,000 per year for tuition, fees, The Pell Grant Program is the larg- a row that the Pell maximum award room, and board. Even after taking in- est source of Federal grant aid and the has been level-funded. flation into account, this represents an cornerstone of our Federal need-based By raising the maximum award to increase of more than $6,000 since the aid system. In 2006, the Pell program $5,100, my home state of Maine will re- 1996–1997 school year. Perhaps even provided approximately $13 billion in ceive approximately $60 million in Pell more troubling, the College Board re- grant aid to more than 5.3 million stu- grant funding, an increase of over $15 ports that the rate of increase has ac- dents. Students with the greatest need million from current levels. This level tually been sharper at public 4-year in- receive the maximum Pell award, of funding would provide Pell grants to stitutions than their private counter- which is currently set at $4,050. And more than 20,000 Maine students. parts. Ten years ago, students attend- Pell grants are truly targeted to the I recently met with Andrew Bossie, a ing any of America’s excellent public neediest of students—Pell recipients first-generation college student from universities would have paid, on aver- have a median family income of only my hometown of Caribou, about the age, just over $9,000 to cover tuition, $15,200. importance of Pell grants. Andrew is fees, room, and board. Today, these

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1431 students can expect to pay nearly proximately 22,100 U.S. servicemembers differential military pay would be $12,800—an increase of 38 percent after in Afghanistan. Many of these men and treated as an employee of the employer taking inflation into account. women are reservists and have been making the payment and allows the By contrast, the student loan inter- called to activity duty, frequently for differential military pay to be treated est deduction we provided as part of multiple tours. Often they own, or are as compensation. the Taxpayer Relief Act of 1997 remains employed, by a small business and This bill also attempts to mitigate at $2,500. It is time that we raise this their activation results in hardship for the financial strains placed on our cap to $3,750, a 50-percent increase. the business. military families while the family Doing so is a step toward recognizing Small businesses with less than 100 member is deployed. To help ease some that investments in higher education employees employ about 18 percent of of this burden, the Active Duty Mili- are essential to the health of our econ- all reservists who hold civilian jobs. tary Tax Relief Act of 2007 would in- omy in an increasingly global, com- Most large businesses have the re- crease the standard deduction for ac- petitive marketplace. sources to provide supplemental in- tive duty military personnel by $1,000 I also believe it is necessary to in- come to reservist employees called up for 2007 and 2008. In addition, this legis- crease the contribution limits for and to replace them with temporary lation would make permanent the ex- Coverdell Education Savings Accounts. employees. I applaud the businesses isting provision which allows taxpayers Under current law, taxpayers may that have been able to pay supple- to include combat pay as earned in- make contributions of up to $2,000 per mental income to their reservists, but come for purposes of the earned income year to these tax-free higher education it is not easy for small businesses to do tax credit (EITC). Without this provi- accounts. In light of the inflation in the same. sion some military families would no college costs that I have already de- Earlier today, the Small Business longer be eligible to receive the EITC scribed, I believe this contribution and Entrepreneurship Committee held because combat pay is currently not limit ought to be increased to $3,000 per a hearing on veterans’ small business taxable. year. issues. A majority of our veterans re- Last Congress, Senator SMITH and I Finally, my proposal would also ex- turning from Iraq and Afghanistan are introduced the Fallen Heroes Family tend current education benefits pro- Reserve and National Guard members— Savings Act, which we have incor- vided to employees through their em- 35 percent of whom are either self-em- porated into the Active Duty Military ployers. Under current law, a taxpayer ployed or own or are employed by a Tax Relief Act. This provision provides may receive, tax free, up to $5,250 in small business. tax relief for the death gratuity pay- education benefits through their em- We heard some disturbing statistics ment that is given to families that ployers each year. This provision helps about the impact and unintended con- have lost a loved one in combat. This both companies and their employees. sequences the callup of reservists is payment is currently $100,000. Our current tax laws do not allow the Companies that provide this benefit get having on small businesses. According recipients of this payment to use it to a workforce that is current with the to a January 2007 survey conducted by make contributions to tax-preferred latest methods and technologies in the Workforce Management, 54 percent of saving accounts that help with saving field, while their employees get the the businesses surveyed responded that for retirement, health care, or the training they need to advance through they would not hire a citizen soldier if they knew that they could be called up costs of education. Our legislation the ranks. Unfortunately, this provi- would allow military death gratuities sion expires on December 31, 2010. I pro- for an indeterminate amount of time. I am concerned that long callups have to be contributed to certain tax-pre- pose that it be made permanent. ferred accounts. These contributions made it hard for small businesses to be Now is the time for us to make a would be treated as qualified rollovers. commitment to raising the Pell max- supportive of civilian soldiers. The Active Duty Military Tax Relief The contribution limits of these ac- imum award to $5,100, and to providing counts will not be applied to these con- additional relief to families struggling Act of 2007 provides a tax credit to small businesses with fewer than 100 tributions. to afford higher education. Investing in Our service men and women need to employees and the self-employed to higher education is crucial to our eco- know that we are honoring their valor help with the cost of paying the salary nomic future and competitiveness in by taking care of those they leave be- of their reservist employees when they the global economy, and my legislation hind. Helping ease the tax burden on are called to active duty. This legisla- represents a sound investment towards the death gratuity will enable military making the dream of a college edu- tion also provides an additional tax families to save more for retirement, cation a reality for more Americans. I credit to help offset the cost of hiring education, and health care by allowing hope my colleagues will join me in sup- temporary employees to fill vacancies them to put the payment in an account porting this legislation. left by the servicemembers. in which the earnings will accumulate Many reservists who own their own tax-free. By Mr. KERRY: business return from duty to find that These changes to our tax laws will S. 455. A bill to amend the Internal their business is floundering. These tax help our military families with some of Revenue Code of 1986 to provide tax re- credits will help reservists who own their financial burdens. It cannot repay lief to active duty military personnel their own businesses to hire temporary the sacrifices they have made for us, and employers who assist them, and for employees for the duration of their but it is a small way we can support other purposes; to the Committee on tour as well as to assist small busi- our troops and their families at home Finance. nesses deal with the impact of having as well as abroad. Mr. KERRY. Mr. President, today an essential employee called up for ac- The National Military Family Asso- Senator SMITH and I are introducing tive duty. ciation, the Reserve Officers Associa- the Active Duty Military Tax Relief In addition to helping small busi- tion, and The Military Coalition (a Act of 2007. This legislation will help nesses, the Active Duty Military Tax consortium of veterans and military those who are valiantly serving their Relief of 2007 addresses concerns re- organizations representing more than country and the families that they lated to differential military pay, in- 5.5 million members plus their families leave behind. come tax withholding, and retirement and survivors) support this legislation. The best definition of patriotism is plan participation. These provisions I ask unanimous consent that the keeping faith with those who wear the will make it easier for employers who text of this legislation be printed in uniform of our country. That means would like to pay their employees sup- the RECORD. giving our troops the resources they plemental income, above their military There being no objection, the text of need to keep them safe while they are pay, and make pension contributions. the bill was ordered to be printed in protecting us. And it means supporting Our legislation would make differential the RECORD, as follows: our troops at home as well as abroad. military pay subject to Federal income S. 455 Currently, there are over 132,000 mili- tax withholding. In addition, with re- Be it enacted by the Senate and House of Rep- tary personnel serving in Iraq and spect to the retirement plan rules, the resentatives of the United States of America in more are on the way. There are ap- bill provides that a person receiving Congress assembled,

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CREDIT FOR INCOME DIFFERENTIAL FOR result in any reduction in the amount of va- the taxable year divided by 365 days, and EMPLOYMENT OF ACTIVATED MILI- cation time, sick leave, or other nonspecific ‘‘(B) the term ‘average daily military pay TARY RESERVIST AND REPLACE- leave previously credited to or earned by the and allowances’ means— MENT PERSONNEL. qualified employee, and ‘‘(i) the amount paid to the taxpayer dur- (a) IN GENERAL.—Subpart B of part IV of ‘‘(iii) group health plan costs (if any) with ing the taxable year as military pay and al- subchapter A of chapter 1 of the Internal respect to the qualified employee. lowances on account of the taxpayer’s par- Revenue Code of 1986 (relating to foreign tax ‘‘(D) QUALIFIED EMPLOYEE.—The term ticipation in qualified reserve component credit, etc.) is amended by adding at the end ‘qualified employee’ means a person who— duty, divided by the following new section: ‘‘(i) has been an employee of the taxpayer ‘‘(ii) the total number of days the taxpayer ‘‘SEC. 30C. EMPLOYER WAGE CREDIT FOR ACTI- for the 91-day period immediately preceding participates in qualified reserve component VATED MILITARY RESERVISTS. the period during which the employee par- duty, including time spent in travel status. ‘‘(a) GENERAL RULE.—There shall be al- ticipates in qualified reserve component ‘‘(3) QUALIFIED COMPENSATION.—When used lowed as a credit against the tax imposed by duty, and with respect to the compensation paid to a this chapter for the taxable year an amount ‘‘(ii) is a member of the Ready Reserve of qualified self-employed taxpayer for any pe- equal to the sum of— a reserve component of an Armed Force of riod during which the qualified self-em- ‘‘(1) in the case of an eligible small busi- the United States as defined in sections 10142 ployed taxpayer participates in qualified re- ness employer, the employment credit with and 10101 of title 10, United States Code. serve component duty, the term ‘qualified respect to all qualified employees and quali- ‘‘(2) QUALIFIED REPLACEMENT EMPLOYEES.— compensation’ means— fied replacement employees of the taxpayer, ‘‘(A) IN GENERAL.—The employment credit ‘‘(A) the self-employment income (as de- plus with respect to a qualified replacement em- fined in section 1402(b) of the taxpayer which ‘‘(2) the self-employment credit of a quali- ployee of the taxpayer for any taxable year is normally contingent on the taxpayer’s fied self-employed taxpayer. is equal to 40 percent of so much of the indi- presence for work, ‘‘(b) EMPLOYMENT CREDIT.—For purposes of vidual’s qualified compensation attributable ‘‘(B) compensation which is not character- this section— to service rendered as a qualified replace- ized by the taxpayer as vacation or holiday ‘‘(1) QUALIFIED EMPLOYEES.— ment employee as does not exceed $15,000. pay, or as sick leave or pay, or as any other ‘‘(A) IN GENERAL.—The employment credit The employment credit, with respect to all form of pay for a nonspecific leave of ab- with respect to a qualified employee of the qualified replacement employees, is equal to sence, and taxpayer for any taxable year is equal to 40 the sum of the employment credits for each ‘‘(C) the amount paid for insurance which percent of so much of the excess (if any) paid qualified replacement employee under this constitutes medical care for the taxpayer for by the taxpayer to such qualified employee subsection. such year (within the meaning of section 162(l)). of— ‘‘(B) QUALIFIED COMPENSATION.—When used ‘‘(i) the qualified employee’s average daily with respect to the compensation paid to a ‘‘(4) QUALIFIED SELF-EMPLOYED TAXPAYER.— qualified compensation for the taxable year, qualified replacement employee, the term The term ‘qualified self-employed taxpayer’ over ‘qualified compensation’ means— means a taxpayer who— ‘‘(ii) the average daily military pay and al- ‘‘(i) compensation which is normally con- ‘‘(A) has net earnings from self-employ- lowances received by the qualified employee tingent on the qualified replacement em- ment (as defined in section 1402(a)) for the during the taxable year while participating ployee’s presence for work and which is de- taxable year, and in qualified reserve component duty to the ductible from the taxpayer’s gross income ‘‘(B) is a member of the Ready Reserve of exclusion of the qualified employee’s normal under section 162(a)(1), a reserve component of an Armed Force of employment duties, ‘‘(ii) compensation which is not character- the United States. ‘‘(d) COORDINATION WITH OTHER CREDITS.— ized by the taxpayer as vacation or holiday for the aggregate number of days the quali- The amount of credit otherwise allowable fied employee participates in qualified re- pay, or as sick leave or pay, or as any other under this chapter with respect to compensa- serve component duty during the taxable form of pay for a nonspecific leave of ab- tion paid to any employee shall be reduced year (including time spent in a travel status) sence, and by the credit allowed by this section with re- as does not exceed $25,000. The employment ‘‘(iii) group health plan costs (if any) with spect to such employee. credit, with respect to all qualified employ- respect to the qualified replacement em- ‘‘(e) LIMITATIONS.— ees, is equal to the sum of the employment ployee. ‘‘(1) APPLICATION WITH OTHER CREDITS.—The credits for each qualified employee under ‘‘(C) QUALIFIED REPLACEMENT EMPLOYEE.— credit allowed under subsection (a) for any this subsection. The term ‘qualified replacement employee’ taxable year shall not exceed the excess (if ‘‘(B) AVERAGE DAILY QUALIFIED COMPENSA- means an individual who is hired to replace any) of— TION AND AVERAGE DAILY MILITARY PAY AND a qualified employee or a qualified self-em- ‘‘(A) the regular tax for the taxable year ALLOWANCES.—As used with respect to a ployed taxpayer, but only with respect to the reduced by the sum of the credits allowable qualified employee— period during which such employee or tax- under subpart A and sections 27, 29, and 30, ‘‘(i) the term ‘average daily qualified com- payer participates in qualified reserve com- over pensation’ means the qualified compensation ponent duty, including time spent in travel ‘‘(B) the tentative minimum tax for the of the qualified employee for the taxable status, and, in the case of a qualified em- taxable year. year divided by 365, and ployee, is receiving qualified compensation ‘‘(2) DISALLOWANCE FOR FAILURE TO COMPLY ‘‘(ii) the term ‘average daily military pay (as defined in paragraph (1)(C)) for which an WITH EMPLOYMENT OR REEMPLOYMENT RIGHTS and allowances’ means— employment credit is allowed as determined OF MEMBERS OF THE RESERVE COMPONENTS OF ‘‘(I) the amount paid to the qualified em- under paragraph (1). THE ARMED FORCES OF THE UNITED STATES.— ployee during the taxable year as military ‘‘(c) SELF-EMPLOYMENT CREDIT.—For pur- No credit shall be allowed under subsection pay and allowances on account of the quali- poses of this section— (a) to a taxpayer for— fied employee’s participation in qualified re- ‘‘(1) IN GENERAL.—The self-employment ‘‘(A) any taxable year, beginning after the serve component duty, divided by credit of a qualified self-employed taxpayer date of the enactment of this section, in ‘‘(II) the total number of days the qualified for any taxable year is equal to 40 percent of which the taxpayer is under a final order, employee participates in qualified reserve so much of the excess (if any) of— judgment, or other process issued or required component duty, including time spent in ‘‘(A) the qualified self-employed taxpayer’s by a district court of the United States travel status. average daily qualified compensation for the under section 4323 of title 38 of the United ‘‘(C) QUALIFIED COMPENSATION.—When used taxable year, over States Code with respect to a violation of with respect to the compensation paid to a ‘‘(B) the average daily military pay and al- chapter 43 of such title, and qualified employee for any period during lowances received by the taxpayer during the ‘‘(B) the 2 succeeding taxable years. which the qualified employee participates in taxable year while participating in qualified ‘‘(3) DISALLOWANCE WITH RESPECT TO PER- qualified reserve component duty, the term reserve component duty to the exclusion of SONS ORDERED TO ACTIVE DUTY FOR TRAIN- ‘qualified compensation’ means— the taxpayer’s normal self-employment du- ING.—No credit shall be allowed under sub- ‘‘(i) compensation which is normally con- ties, section (a) to a taxpayer with respect to any tingent on the qualified employee’s presence for the aggregate number of days the tax- period by taking into account any person for work and which would be deductible from payer participates in qualified reserve com- who is called or ordered to active duty for the taxpayer’s gross income under section ponent duty during the taxable year (includ- any of the following types of duty: 162(a)(1) if the qualified employee were ing time spent in a travel status) as does not ‘‘(A) Active duty for training under any present and receiving such compensation, exceed $25,000. provision of title 10, United States Code. ‘‘(ii) compensation which is not character- ‘‘(2) AVERAGE DAILY QUALIFIED COMPENSA- ‘‘(B) Training at encampments, maneuvers, ized by the taxpayer as vacation or holiday TION AND AVERAGE DAILY MILITARY PAY AND outdoor target practice, or other exercises pay, or as sick leave or pay, or as any other ALLOWANCES.—As used with respect to a under chapter 5 of title 32, United States form of pay for a nonspecific leave of ab- qualified self-employed taxpayer— Code.

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‘‘(C) Full-time National Guard duty, as de- ‘‘(1) IN GENERAL.—For purposes of sub- enue Code of 1986 (defining compensation) is fined in section 101(d)(5) of title 10, United section (a), any differential wage payment amended by adding at the end the following States Code. shall be treated as a payment of wages by new sentence: ‘‘The term ‘compensation’ in- ‘‘(f) GENERAL DEFINITIONS AND SPECIAL the employer to the employee. cludes any differential wage payment (as de- RULES.—For purposes of this section— ‘‘(2) DIFFERENTIAL WAGE PAYMENT.—For fined in section 3401(h)(2)).’’. ‘‘(1) ELIGIBLE SMALL BUSINESS EMPLOYER.— purposes of paragraph (1), the term ‘differen- (3) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—The term ‘eligible small tial wage payment’ means any payment made by this subsection shall apply to years business employer’ means, with respect to which— beginning after December 31, 2007. any taxable year, any employer which— ‘‘(A) is made by an employer to an indi- (c) PROVISIONS RELATING TO PLAN AMEND- ‘‘(i) employed an average of 100 or fewer vidual with respect to any period during MENTS.— employees on business days during such tax- which the individual is performing service in (1) IN GENERAL.—If this subsection applies able year, and the uniformed services while on active duty to any plan or annuity contract amend- ‘‘(ii) under a written plan of the employer, for a period of more than 30 days, and ment— provides the excess amount described in sub- ‘‘(B) represents all or a portion of the (A) such plan or contract shall be treated section (b)(1)(A) to every qualified employee wages the individual would have received as being operated in accordance with the of the employer. from the employer if the individual were per- terms of the plan or contract during the pe- ‘‘(B) CONTROLLED GROUPS.—For purposes of forming service for the employer.’’. riod described in paragraph (2)(B)(i), and subparagraph (A), all persons treated as a (2) EFFECTIVE DATE.—The amendment (B) except as provided by the Secretary of single employer under subsection (b), (c), made by this subsection shall apply to remu- the Treasury, such plan shall not fail to (m), or (o) of section 414 shall be treated as neration paid after December 31, 2007. meet the requirements of the Internal Rev- a single employer. (b) TREATMENT OF DIFFERENTIAL WAGE enue Code of 1986 or the Employee Retire- ‘‘(2) MILITARY PAY AND ALLOWANCES.—The PAYMENTS FOR RETIREMENT PLAN PUR- ment Income Security Act of 1974 by reason POSES.— term ‘military pay’ means pay as that term of such amendment. (1) PENSION PLANS.— is defined in section 101(21) of title 37, United (2) AMENDMENTS TO WHICH SECTION AP- (A) IN GENERAL.—Section 414(u) of the In- States Code, and the term ‘allowances’ PLIES.— ternal Revenue Code of 1986 (relating to spe- means the allowances payable to a member (A) IN GENERAL.—This subsection shall cial rules relating to veterans’ reemploy- of the Armed Forces of the United States apply to any amendment to any plan or an- ment rights under USERRA) is amended by under chapter 7 of that title. nuity contract which is made— adding at the end the following new para- ‘‘(3) QUALIFIED RESERVE COMPONENT DUTY.— (i) pursuant to any amendment made by graph: The term ‘qualified reserve component duty’ this section, and ‘‘(11) TREATMENT OF DIFFERENTIAL WAGE includes only active duty performed, as des- (ii) on or before the last day of the first PAYMENTS.— ignated in the reservist’s military orders, in plan year beginning on or after January 1, ‘‘(A) IN GENERAL.—Except as provided in support of a contingency operation as de- this paragraph, for purposes of applying this 2009. fined in section 101(a)(13) of title 10, United title to a retirement plan to which this sub- (B) CONDITIONS.—This subsection shall not States Code. section applies— apply to any plan or annuity contract ‘‘(4) CARRYBACK AND CARRYFORWARD AL- ‘‘(i) an individual receiving a differential amendment unless— LOWED.— wage payment shall be treated as an em- (i) during the period beginning on the date ‘‘(A) IN GENERAL.—If the credit allowable ployee of the employer making the payment, the amendment described in subparagraph under subsection (a) for a taxable year ex- ‘‘(ii) the differential wage payment shall be (A)(i) takes effect and ending on the date de- ceeds the amount of the limitation under treated as compensation, and scribed in subparagraph (A)(ii) (or, if earlier, subsection (f)(1) for such taxable year (in ‘‘(iii) the plan shall not be treated as fail- the date the plan or contract amendment is this paragraph referred to as the ‘unused ing to meet the requirements of any provi- adopted), the plan or contract is operated as credit year’), such excess shall be a credit sion described in paragraph (1)(C) by reason if such plan or contract amendment were in carryback to the taxable year preceding the of any contribution or benefit which is based effect, and unused credit year and a credit carryforward on the differential wage payment. (ii) such plan or contract amendment ap- to each of the 20 taxable years following the ‘‘(B) SPECIAL RULE FOR DISTRIBUTIONS.— plies retroactively for such period. unused credit year. ‘‘(i) IN GENERAL.—Notwithstanding sub- SEC. 4. CONTRIBUTIONS OF MILITARY DEATH ‘‘(B) RULES.—Rules similar to the rules of paragraph (A)(i), for purposes of section GRATUITIES TO CERTAIN TAX-FA- section 39 shall apply with respect to the 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), VORED ACCOUNTS. credit carryback and credit carryforward or 457(d)(1)(A)(ii), an individual shall be (a) ROTH IRAS.— under subparagraph (A). treated as having been severed from employ- (1) PROVISION IN EFFECT BEFORE PENSION ‘‘(5) CERTAIN RULES TO APPLY.—Rules simi- ment during any period the individual is per- PROTECTION ACT.—Subsection (e) of section lar to the rules of subsections (c), (d), and (e) forming service in the uniformed services de- 408A of the Internal Revenue Code of 1986 (re- of section 52 shall apply.’’. scribed in section 3401(h)(2)(A). lating to qualified rollover contribution), as (b) NO DEDUCTION FOR COMPENSATION ‘‘(ii) LIMITATION.—If an individual elects to in effect before the amendments made by TAKEN INTO ACCOUNT FOR CREDIT.—Section receive a distribution by reason of clause (i), section 824 of the Pension Protection Act of 280C(a) of the Internal Revenue Code of 1986 the plan shall provide that the individual 2006, is amended to read as follows: (relating to rule for employment credits) is may not make an elective deferral or em- ‘‘(e) QUALIFIED ROLLOVER CONTRIBUTION.— amended— ployee contribution during the 6-month pe- For purposes of this section— (1) by inserting ‘‘or compensation’’ after riod beginning on the date of the distribu- ‘‘(1) IN GENERAL.—The term ‘qualified roll- ‘‘salaries’’, and tion. over contribution’ means a rollover con- (2) by inserting ‘‘30C,’’ before ‘‘45A(a),’’. ‘‘(C) NONDISCRIMINATION REQUIREMENT.— tribution to a Roth IRA from another such ONFORMING AMENDMENT.—Section (c) C Subparagraph (A)(iii) shall apply only if all account, or from an individual retirement 55(c)(2) of the Internal Revenue Code of 1986 employees of an employer (as determined plan, but only if such rollover contribution is amended by inserting ‘‘30C(e)(1),’’ after under subsections (b), (c), (m), and (o)) per- meets the requirements of section 408(d)(3). ‘‘30(b)(3),’’. forming service in the uniformed services de- Such term includes a rollover contribution (d) CLERICAL AMENDMENT.—The table of scribed in section 3401(h)(2)(A) are entitled to described in section 402A(c)(3)(A). For pur- sections for subpart B of part IV of sub- receive differential wage payments on rea- poses of section 408(d)(3)(B), there shall be chapter A of chapter 1 of the Internal Rev- sonably equivalent terms and, if eligible to disregarded any qualified rollover contribu- enue Code of 1986 is amended by adding at participate in a retirement plan maintained tion from an individual retirement plan the end of 30A the following new item: by the employer, to make contributions (other than a Roth IRA) to a Roth IRA. ‘‘Sec. 30C. Employer wage credit for acti- based on the payments on reasonably equiva- ‘‘(2) MILITARY DEATH GRATUITY.— vated military reservists.’’. lent terms. For purposes of applying this ‘‘(A) IN GENERAL.—The term ‘qualified roll- (e) EFFECTIVE DATE.—The amendments subparagraph, the provisions of paragraphs over contribution’ includes a contribution to made by this section shall apply to amounts (3), (4), and (5), of section 410(b) shall apply. a Roth IRA maintained for the benefit of an paid in taxable years beginning after Decem- ‘‘(D) DIFFERENTIAL WAGE PAYMENT.—For individual to the extent that such contribu- ber 31, 2006. purposes of this paragraph, the term ‘dif- tion does not exceed the amount received by SEC. 3. DIFFERENTIAL WAGE PAYMENTS. ferential wage payment’ has the meaning such individual under section 1477 of title 10, (a) INCOME TAX WITHHOLDING ON DIFFEREN- given such term by section 3401(h)(2).’’. United States Code, or under section 1967 of TIAL WAGE PAYMENTS.— (B) CONFORMING AMENDMENT.—The heading title 38 of such Code, if such contribution is (1) IN GENERAL.—Section 3401 of the Inter- for section 414(u) of such Code is amended by made not later than 1 year after the day on nal Revenue Code of 1986 (relating to defini- inserting ‘‘AND TO DIFFERENTIAL WAGE PAY- which such individual receives such amount. tions) is amended by adding at the end the MENTS TO MEMBERS ON ACTIVE DUTY’’ after ‘‘(B) ANNUAL LIMIT ON NUMBER OF ROLL- following new subsection: ‘‘USERRA’’. OVERS NOT TO APPLY.—Section 408(d)(3)(B) ‘‘(h) DIFFERENTIAL WAGE PAYMENTS TO AC- (2) DIFFERENTIAL WAGE PAYMENTS TREATED shall not apply with respect to amounts TIVE DUTY MEMBERS OF THE UNIFORMED AS COMPENSATION FOR INDIVIDUAL RETIREMENT treated as a rollover by the subparagraph SERVICES.— PLANS.—Section 219(f)(1) of the Internal Rev- (A).

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1434 CONGRESSIONAL RECORD — SENATE January 31, 2007 ‘‘(C) APPLICATION OF SECTION 72.—For pur- amounts received under section 1477 of title grams, and for other purposes; to the poses of applying section 72 in the case of a 10, United States Code, or under section 1967 Committee on the Judiciary. distribution which is not a qualified distribu- of title 38 of such Code, for deaths from inju- Mrs. FEINSTEIN. Mr. President, I tion, the amount treated as a rollover by ries occurring on or after October 7, 2001, and am pleased to join Senator HATCH and reason of subparagraph (A) shall be treated before the date of the enactment of this Act as investment in the contract.’’. if such contribution is made not later than 1 a bipartisan group of at least 15 origi- (2) PROVISION IN EFFECT AFTER PENSION PRO- year after the date of the enactment of this nal cosponsors in introducing com- TECTION ACT.—Subsection (e) of section 408A, Act. prehensive antiaging legislation—the as in effect after the amendments made by (3) PENSION PROTECTION ACT CHANGES.—Sec- Gang Abatement and Prevention Act of section 824 of the Pension Protection Act of tion 408A(e)(1) of the Internal Revenue Code 2007. 2006, is amended to read as follows: of 1986 (as in effect after the amendments This bill will provide a comprehen- ‘‘(e) QUALIFIED ROLLOVER CONTRIBUTION.— made by subsection (a)(2)) shall apply to tax- sive approach to gang violence by: For purposes of this section— able years beginning after December 31, 2007. helping those on the front lines of en- ‘‘(1) IN GENERAL.—The term ‘qualified roll- SEC. 5. TEMPORARY INCREASE IN STANDARD DE- forcement, by adopting new criminal over contribution’ means a rollover con- DUCTION FOR ACTIVE DUTY MILI- tribution— TARY PERSONNEL. laws and tougher penalties against ‘‘(A) to a Roth IRA from another such ac- (a) IN GENERAL.—Paragraph (3) of section those who commit gang-related and count, 63(c) of the Internal Revenue Code of 1986 other violent acts; authorizing hun- ‘‘(B) from an eligible retirement plan, but (defining additional standard deduction for dreds of millions of dollars for gang-re- only if— the aged and blind) is amended to read as fol- lated investigations and prosecutions, ‘‘(i) in the case of an individual retirement lows: and new funds for witness protection; plan, such rollover contribution meets the ‘‘(3) ADDITIONAL STANDARD DEDUCTION.—For and identifying successful community requirements of section 408(d)(3), and the purposes of paragraph (1), the additional programs, and investing significant re- ‘‘(ii) in the case of any eligible retirement standard deduction is the sum of— plan (as defined in section 402(c)(8)(B) other ‘‘(A) the sum of each additional amount to sources in schools and civic and reli- than clauses (i) and (ii) thereof), such roll- which the taxpayer is entitled under sub- gious organizations to prevent teen- over contribution meets the requirements of section (f), plus agers and other young people from section 402(c), 403(b)(8), or 457(e)(16), as appli- ‘‘(B) in the case of a taxable year beginning joining gangs in the first place. cable. in 2007 or 2008, an additional amount of $1,000 On January 10 of this year, officials For purposes of section 408(d)(3)(B), there for an individual for such taxable year if the in Van Nuys, CA, reported that two shall be disregarded any qualified rollover individual who at any time during such tax- teenage boys were shot in a reported contribution from an individual retirement able year is performing service in the uni- gang-related shooting. plan (other than a Roth IRA) to a Roth IRA. formed services while on active duty for a A few weeks earlier, on December 29, period of more than 30 days.’’. ‘‘(2) MILITARY DEATH GRATUITY.— Visalia, CA, law enforcement officials ‘‘(A) IN GENERAL.—The term ‘qualified roll- (b) CONFORMING AMENDMENTS.— over contribution’ includes a contribution to (1) Section 3402(m)(3) of the the Internal reported two separate shootings and a Roth IRA maintained for the benefit of an Revenue Code of 1986 is amended by striking the wounding of two minors. individual to the extent that such contribu- ‘‘for the aged and blind’’. On December 24, San Diego officials tion does not exceed the amount received by (2) Section 6012(a)(1)(B) of such Code is noted how a 16 year old was shot in the such individual under section 1477 of title 10, amended by adding at the end the following leg in gang violence. United States Code, or under section 1967 of new sentence: ‘‘The preceding sentence shall On December 22, a 9-year-old girl in title 38 of such Code, if such contribution is be applied without regard to section Los Angeles was just washing dishes made not later than 1 year after the day on 63(c)(3)(B) and each of the amounts specified in subparagraph (A) shall be increased by the with her mom inside her home—until which such individual receives such amount. gang members exchanged fire across ‘‘(B) ANNUAL LIMIT ON NUMBER OF ROLL- portion of any additional standard deduction OVERS NOT TO APPLY.—Section 408(d)(3)(B) to which the individual is entitled by reason the street, and a bullet tore through shall not apply with respect to amounts of section 63(c)(3)(B).’’. the front wall of her house and struck treated as a rollover by the subparagraph (c) EFFECTIVE DATE.—The amendments her in the head. (A). made by this section shall apply to taxable And that came 5 days after Cheryl ‘‘(C) APPLICATION OF SECTION 72.—For pur- years beginning after December 31, 2006. Green, a 14-year-old black girl who was poses of applying section 72 in the case of a SEC. 6. PERMANENT EXTENSION OF ELECTION talking to friends, was shot and killed distribution which is not a qualified distribu- TO INCLUDE COMBAT PAY AS by two Hispanic gang members. EARNED INCOME FOR PURPOSES OF tion, the amount treated as a rollover by The New York Times just reported on reason of subparagraph (A) shall be treated EARNED INCOME CREDIT. as investment in the contract.’’. (a) IN GENERAL.—Section 32(c)(2)(B)(vi) of the Cheryl Green shooting, but unfor- (b) HEALTH SAVINGS ACCOUNTS AND ARCHER the Internal Revenue Code of 1986, as amend- tunately, I see gang violence in the MSAS.—Sections 220(f)(5) and 223(f)(5) of the ed by section 106 of division A of the Tax Re- news almost every day in California, Internal Revenue Code of 1986 are each lief and Health Care Act of 2006, is amended with gang-related shootings of children amended by adding at the end the following to read as follows: almost too numerous to count. Perhaps flush sentence: ‘‘(vi) a taxpayer may elect to treat the worst occurred last September, ‘‘For purposes of subparagraphs (A) and (B), amounts excluded from gross income by means of section 112 as earned income.’’. when Los Angeles experienced a new rules similar to the rules of section 408A(e)(2) low. (relating to rollover treatment for contribu- (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable Three-year-old Kaitlyn Avila was tions of military death gratuity) shall shot point-blank by a gang member apply.’’. years beginning after December 31, 2007. (c) EDUCATION SAVINGS ACCOUNTS.—Section who mistakenly thought her father was 530(d)(5) of the Internal Revenue Code of 1986 By Mrs. FEINSTEIN (for herself, a member of a rival gang. The gang is amended by adding at the end the fol- Mr. HATCH, Mr. SCHUMER, Mr. member shot and wounded her father, lowing new sentence: ‘‘For purposes of this SPECTER, Mr. BIDEN, Mr. KYL, then intentionally fired into little paragraph, rules similar to the rules of sec- Mr. STEVENS, Ms. CANTWELL, Kaitlyn’s chest. tion 408A(e)(2) (relating to rollover treat- Mr. COLEMAN, Ms. MIKULSKI, It is the first time ever that law en- ment for contributions of military death gra- Mr. BAUCUS, Mr. PRYOR, Mr. forcement officials remember a young tuity) shall apply.’’. SALAZAR, Mrs. MURRAY, Mr. child being ‘‘targeted’’ in a gang-re- (d) EFFECTIVE DATES.— ROWN LINTON (1) IN GENERAL.—Except as provided by B , Mrs. C , Mrs. lated shooting. paragraphs (2) and (3), the amendments made DOLE, Mr. CORNYN, Mr. KOHL, Unfortunately, this shooting is only by this section shall apply with respect to and Mr. CASEY): a symptom of the disease that has deaths from injuries occurring on or after S. 456. A bill to increase and enhance taken hold of our cities—gang violence. the date of the enactment of this Act. law enforcement resources committed The violence perpetrated by gang mem- (2) APPLICATION OF AMENDMENTS TO DEATHS to investigation and prosecution of vio- bers affects not only those associated FROM INJURIES OCCURRING ON OR AFTER OCTO- lent gangs, to deter and punish violent with gangs, but also police officers and BER 7, 2001, AND BEFORE ENACTMENT.—The gang crime, to protect law-abiding citi- innocent bystanders. It impacts not amendments made by this section shall apply to any contribution made pursuant to zens and communities from violent only individuals, but also our commu- section 408A(e)(2), 220(f)(5), 223(f)(5), or criminals, to revise and enhance crimi- nities. 530(d)(5) of the Internal Revenue Code of 1986, nal penalties for violent crimes, to ex- It stops mothers from allowing their as amended by this Act, with respect to pand and improve gang prevention pro- children to play outside. It prevents

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1435 the elderly from taking walks in their those murder victims were African Gang killings also impact children neighborhoods. And it creates an envi- American or Latino. and families. Unfortunately, 3–year-old ronment of fear. There can no longer be serious debate Kaitlyn Avila is not alone: There is It is past time for the Federal Gov- that gang violence is a big part of this also 11-year-old Mynisha Crenshaw of ernment to provide a hand of assist- problem. San Bernardino, CA, a little girl shot ance to state and local law enforce- The problem of gang violence in and killed in November 2005; ment. And it is past time to come to America is daunting. According to the Seven-week-old infant Glenn ‘‘Baby grips with our country’s escalating lev- FBI, there are now at least 30,000 gangs G’’ Molex, shot and killed on Sep- els of gang violence. nationwide, with 800,000 members. tember 28, 2003, by one of the ‘‘Down Just last month the FBI released its In California, the State attorney gen- Below’’ Gang after 28 bullets pene- Uniform Crime Report for the first half eral now estimates that there are trated his family’s apartment in San of 2006. The news was disturbing. 171,000 juveniles and adults committed Francisco’s Bayview District; The report showed an alarming in- to criminal street gangs and their way Joseph Swift, a 13-year-old boy shot crease in homicides, assaults, robberies of life. That’s greater than the popu- outside a home after attending church and other violent crimes across the lation of 28 California counties. in Los Angeles in 2003; and U.S.—a surge of nearly 3.7 percent for From 1992 to 2003, there were more Eight-year-old Sunny Elijah Peralez, the first 6 months of 2006. than 7,500 gang-related homicides re- shot in East Los Angeles by the Ghetto This, of course follows on the heels of ported in California. Boyz in 1999. the FBI’s 2005 figures, which had In 2004, more than one-third of the And this problem extends far beyond showed a 2.5 percent jump in violent 2,000 homicides in California—698—were California—as evidenced by 8-year-old crime. gang-related. Kyron Butler, killed by a stray bullet And it is worse among teens and At the time, those 2005 figures had during a Jersey Park Boys gang shoot- young adults. In that same year, near- represented the largest increase in vio- out in Smithfield, VA, in 2003, and 9- ly 50 percent of the murders of 18 to 29 lent crime in the U.S. in 15 years. But year-old Genesis Gonzalez, a little girl year olds were gang related. And near- this newly announced increase for the shot by a car of Crips gang members in ly 60 percent of the murders of teens first half of 2006 is almost 50 percent Nevada in 2002. under 18 were gang related. higher. As gangs have continued to spread The list of people murdered by gangs across our country, increasing in vio- Of course, a big part of this increase includes some of our finest law enforce- is due to gang violence. Just as we lence and power in every State, they ment officers: are no longer just a big city problem. heard when the 2005 figures were re- Oceanside Police Officer, Dan leased, criminologists point to the They have metastasized from Los An- Bessant, gunned down from behind just geles and Chicago to the medium and spread of violent street gangs as a last month, in an incident described as major cause of the 2006 increase in vio- smaller cities where they face less eerily similar to a similar killing in competition. lent crime as well. 2003, when Oceanside Police Officer, The warnings we have received about The FBI now estimates that gangs Tony Zepetella, was shot and killed by are having an impact on at least 2,500 the links between the increase in vio- a known gang member. lent crime and gangs have been steady communities across the nation. Los Angeles Police Officer Ricardo In the latest FBI statistics, violent and consistent. Lizarraga, killed while responding to a crime and murder grew fastest in the When the FBI announced its 2005 fig- domestic violence call, by a man who midsized and smaller cities—not in our ures last June, the Washington Post re- drew a gun and shot him twice in the largest urban areas. The average ported how criminal justice experts back. The suspect was a known mem- midsized city, in fact, had a surge in specifically identified ‘‘an influx of ber of the Rollin20s Bloods. overall violent crime of more than 5 gangs into medium-sized cities’’ as a Merced Police Officer Stephan Gray, percent in a single year. big reason for this increase. According a member of his department’s gang vio- It is clear that gangs engage in drug to the Los Angeles Times, Houston po- lence unit. Gray was shot and killed trafficking, robbery, extortion, pros- lice attributed their 2005 increase to when a suspect—a gang member he had titution, gun trafficking, and murder. gang members who evacuated New Or- encountered before—fired two bullets They destroy neighborhoods, cripple leans after Katrina. into his chest. families and kill innocent people. When the 2006 figures were an- Los Angeles Sherriff’s Deputy Jeffrey Los Angeles Police Department Chief nounced, the Washington Post quoted Ortiz: As a member of his department’s Bill Bratton put it bluntly: criminologist James Alan Fox, who de- anti-gang task force, Ortiz had been There is nothing more insidious than these scribed how ‘‘[w]e have many high- going door to door in a gang-plagued gangs. They are worse than the Mafia. Show crime areas where gangs have made a neighborhood of L.A. He had just me a year in New York where the Mafia in- comeback.’’ The L.A. Times noted how knocked on a door and was checking discriminately killed 300 people. You can’t. ‘‘[e]xperts said the crime upsurge re- IDs when he was shot in the head at Our national gang problem is im- flected an increase in gang violence, point-blank range. The alleged gunman mense and growing, and it is not going particularly in midsized cities.’’ Cities is a suspected gang member wanted on away. Our cities and States need help. like Houston, which experienced a mas- an outstanding warrant for attempted The many law enforcement officers sive 28 percent increase in violent murder. that have spoken to me and others in crime. Burbank Police Officer Matthew my office say one thing clearly—short- The headline for the Sacramento Bee, Pavelka: Two gunmen whom he had term infusions are great, but what they reporting on the FBI’s 31 percent re- stopped for driving without license really need is a long-term Federal com- ported increase in violent crime for plates got out and showered him with mitment to combat gang violence. that county, said it all: ‘‘Gangs blamed gunfire. They were allegedly affiliated A massive report just prepared for for increase, which is part of [a] na- with the Vineland Boys gang. the City of Los Angeles even suggested tional hike in mayhem in ’06.’’ California Highway Patrol Officer that what is needed is a ‘‘Marshal Even among the cities that experi- Thomas Steiner, killed after walking Plan’’ initiative to combat gang vio- enced a 2006 reduction in violent out of the Pomona courthouse after lence. crime—such as Los Angeles, which testifying in a series of traffic cases, by Senator HATCH and I have been intro- moved into the ranks of the safest cit- a 16-year-old intent on ‘‘killing a cop’’ ducing comprehensive Federal gang ies in the U.S.—Mayor Villairaigosa de- to prove himself to the Pomona 12th legislation for over a decade. Our gang scribed gang violence as the ‘‘glaring street gang. bills have been modified and refined exception.’’ Gang crime was up by 14 San Francisco Police Officer Isaac over the years, most recently in legis- percent in Los Angeles—and up 40 per- Espinoza: The first San Francisco po- lation that we negotiated with the cent in San Fernando Valley, and 57 lice officer slain on duty in more than House for possible inclusion in the DOD percent of Los Angeles’ 478 homicides a decade, killed when an apparent Authorization bill last year. for 2006 were attributed to gangs—up 50 ‘‘Westmob’’ gang member fired 14 The bill that we introduce today es- percent from 2005. And 86 percent of rounds from an AK–47 assault rifle. sentially takes that bill, but removes

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1436 CONGRESSIONAL RECORD — SENATE January 31, 2007 all of its new death penalties. It has no These HIIGAAs would mirror the suc- nesses have become increasingly bound mandatory minimums, and we have cessful HIDTA—High Intensity Drug to counterparts in the world beyond eliminated juvenile justice changes Trafficking Area model—under which our borders. Whether called that previously proved to be an impedi- Federal, State and local agents coordi- ‘‘Globalization’’, ‘‘Internationaliza- ment to the larger bill’s passage. nate investigations and prosecutions. tion’’ or some other moniker, the rap- The bill that we offer today will pro- And this $500 million would also be idly growing number of connections be- vide a comprehensive solution to gang split 50/50, so that for every dollar tween suppliers, consumers and fin- violence, combining enforcement and spent on law enforcement, a dollar anciers across national boundaries prevention efforts in a collaborative would be spent on prevention and means that agreements breached and approach that has proven effective in intervention. laws broken on the far side of the world models like Operation Ceasefire, and in This balanced approach—of preven- can harm companies and workers here Modesto, CA. tion and intervention plus tough pen- at home. This bill would establish new Federal alties—will send a clear message to Yet our government has failed to gang crimes and tougher Federal pen- gang members: a new day has arrived. adapt to this new reality. While foreign alties. This bill will provide them with new governments engage in market-dis- Today’s Federal street gang laws are opportunities, with schools and social torting currency manipulation, refuse frankly weak, and are almost never services agencies empowered to make to protect intellectual property rights used. Currently, a person committing a alternatives to gangs a realistic option. and turn a blind eye to labor exploi- gang crime might have extra time But if gang members continue to en- tation—each a violation of trade obli- tacked on to the end of their Federal gage in violence, they will face new and gations to the United States—ours de- sentence. That is because Federal law serious Federal consequences. murs with communiques and consulta- currently focuses on gang violence only I am pleased to report that this bill tions, rather than formal enforcement as a sentencing enhancement, rather has already been endorsed by the Na- action. What makes this abdication of than a crime unto itself. tional Sheriff’s Association, the Inter- its duty to defend the U.S. economy The bill that I offer today would national Association of Chiefs of Po- from unfair foreign practices especially make it a separate Federal crime for lice, and the National Association of troubling is that the tools to do so al- any criminal street gang member to Police Officers. ready exist in the dispute resolution commit, conspire or attempt to com- For more than 10 years now, Senator provisions of various trade agreements. mit violent crimes—including murder, HATCH and I have been trying to pass The distressing reality is that U.S. kidnapping, arson, extortion—in fur- Federal anti-gang legislation. There industry and labor groups are often therance of the gang. have been times when we have gotten rebuffed in attempts to petition the And the penalties for gang members close. Unfortunately, while Congress United States Trade Representative to committing such crimes would in- has failed to act, violent street gangs initiate a formal investigation or bring crease considerably. have only expanded nationwide and be- a dispute resolution action under the For gang-related murder, kidnapping, come more empowered and entrenched relevant multilateral or bilateral trade aggravated sexual abuse or maiming, in other States and communities. agreement, as there seems to be consid- the penalties would range up to life im- I believe this bill can pass the Senate erable institutional momentum among prisonment. and be enacted into law, especially senior officials at USTR and elsewhere For any other serious violent felony, after these changes that we have made in the Administration against bringing the penalty would range up to 30 and our previous negotiations con- formal enforcement action against cer- years—which in the Federal system ducted with members of the House and tain trade partners, and China in par- means without parole. Senate. ticular. And for other crimes of violence—de- The time has arrived for us to finally USTR’s handling of the trade effects fined as the actual or intended use of address this problem, and this bill is of China’s currency manipulation prac- physical force against the person of an- well-suited to help solve it. I urge my tices is representative of the problem. other—the penalty could bring up to 20 colleagues to support this legislation. In September 2004, a U.S. industry coa- years in prison. lition filed a petition under Section 301 The bill would also create a new By Ms. SNOWE (for herself and of the Trade Act of 1974—the statute crime for recruiting juveniles and Mr. ROCKEFELLER): setting forth general procedures for the adults into a criminal street gang, with S. 460. A bill to make determinations enforcement of U.S. trade rights—al- a penalty of up to 10 years, or if the re- by the United States Trade Represent- leging that Chinese currency manipula- cruiting involved a juvenile or recruit- ative under title III of the Trade Act of tion practices constituted a violation ing from prison, up to 20 years; 1974 reviewable by the Court of Inter- of China’s obligations to the United Create new Federal crimes for com- national Trade and to ensure that the States under World Trade Organization mitting violent crimes in connection United States Trade Representative rules, and calling for USTR to conduct with drug trafficking, and increase ex- considers petitions to enforce United an investigation of such practices. isting penalties for violent crimes in States Trade rights, and for other pur- USTR rejected the petition on the day aid of racketeering; poses; to the Committee on Finance. it was filed, contending that ‘‘an inves- Enact a host of other violent crime Ms. SNOWE. Mr. President, when re- tigation would not be effective in ad- reforms, including closing a loophole flecting on the attributes that have dressing the acts, policies, and prac- that had allowed carjackers to avoid made our great country prosperous—its tices covered in the petition. The Ad- convictions, increasing the penalties free market system, its hard-working ministration is currently involved in for those who use guns in violent and enterprising people, its treasured efforts to address with the Government crimes or transfer guns knowing they natural resources—we must not over- of China the currency valuation issues will be used in crimes, limiting bail for look the rule of law as an equal, if not raised in the petition. The USTR be- violent felons who possess firearms, paramount element of the blessings we lieves that initiation of an investiga- and in a number of other respects have secured. Since our Nation’s found- tion under [the Section 301 process] cracking down harder on those who ing, Americans have recognized that would hamper, rather than advance, commit violent crimes; and the success of worthy enterprises in a Administration efforts to address Chi- Make a long-term Federal commit- functioning market require the govern- nese currency valuation policies.’’ ment to fight gangs, by authorizing ment—rather than choosing winners Shortly thereafter, in November of over $1 billion in new funds over the and losers—to consistently and dis- 2004, a Congressional coalition of 12 next 5 years for enforcement, preven- passionately enforce the rules that Senators and 23 Representatives filed a tion, and witness protection. bind all actors. similar Section 301 petition, which was This would include $500 million for While our legal system evolved over rejected by USTR on the same grounds. the development of High Intensity the course of centuries to provide for As noted in USTR’s rejection of these Interstate Gang Activity Areas, or the rule of law throughout our country, petitions, current law allows the Exec- HIIGAAs. the fates of American people and busi- utive to decline to initiate an industry-

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A bill to amend title 28, any Federal, State, or local governmental used this loophole to avoid having to agency, or other entity, or unit thereof, in- even investigate industry’s claim, let United States Code, to provide an In- cluding all information kept in the course of alone take formal action against spector General for the judicial branch, business by the Judicial Conference of the China. And as we now know, the Ad- and for other purposes; to the Com- United States, the judicial councils of cir- ministration’s ‘‘soft’’ approach to Chi- mittee on the Judiciary. cuits, the Administrative Office of the nese currency manipulation has itself Mr. GRASSLEY. Mr. President, I ask United States Courts, and the United States proven ineffective in addressing the unanimous consent that the text of Sentencing Commission; problem in the two years since these this bill be printed in the RECORD. ‘‘(3) require, by subpoena or otherwise, the There being no objection, the text of attendance and testimony of such witnesses, filings. and the production of such books, records, It is to prevent further disregard for the bill was ordered to be printed in correspondence memoranda, papers, and doc- U.S. businesses and workers seeking a the RECORD, as follows: uments, which subpoena, in the case of con- fair and consequential hearing of their S. 461 tumacy or refusal to obey, shall be enforce- concerns with foreign trade practices Be it enacted by the Senate and House of Rep- able by civil action; that Senator ROCKEFELLER and I today resentatives of the United States of America in ‘‘(4) administer to or take from any person introduce the Trade Complaint and Congress assembled, an oath, affirmation, or affidavit; ‘‘(5) employ such officers and employees, Litigation Accountability Improve- SECTION 1. SHORT TITLE. ment Measures Act, or the ‘‘Trade subject to the provisions of title 5, governing This Act may be cited as the ‘‘Judicial appointments in the competitive service, and CLAIM Act’’. Transparency and Ethics Enhancement Act the provisions of chapter 51 and subchapter The Trade CLAIM Act would amend of 2007’’. III of chapter 53 of such title relating to clas- the Section 301 process to require the SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL sification and General Schedule pay rates; United States Trade Representative to BRANCH. ‘‘(6) obtain services as authorized by sec- act upon an interested party’s petition (a) ESTABLISHMENT AND DUTIES.—Part III tion 3109 of title 5 at daily rates not to ex- to take formal action in cases where a of title 28, United States Code, is amended by ceed the equivalent rate for a position at U.S. trade right has been violated, ex- adding at the end the following: level IV of the Executive Schedule under sec- cept in instances where: the matter has ‘‘CHAPTER 60—INSPECTOR GENERAL FOR tion 5315; and ‘‘(7) the extent and in such amounts as already been addressed by the relevant THE JUDICIAL BRANCH ‘‘Sec. may be provided in advance by appropria- trade dispute settlement body; the for- tions Acts, to enter into contracts and other eign country is taking imminent steps ‘‘1021. Establishment. ‘‘1022. Appointment, term, and removal of arrangements for audits, studies, analyses, to end to ameliorate the effects of the Inspector General. and other services with public agencies and practice; taking action would do more ‘‘1023. Duties. with private persons, and to make such pay- harm than good to the U.S. economy; ‘‘1024. Powers. ments as may be necessary to carry out the or taking action would cause serious ‘‘1025. Reports. duties of the Office. harm to the national security of the ‘‘1026. Whistleblower protection. ‘‘(b) CHAPTER 16 MATTERS.—The Inspector General shall not commence an investiga- United States. ‘‘§ 1021. Establishment tion under section 1023(1) until the denial of The bill would also grant the Court ‘‘There is established for the judicial a petition for review by the judicial council of International Trade jurisdiction to branch of the Government the Office of In- of the circuit under section 352(c) of this review de novo USTR’s denials of Sec- spector General for the Judicial Branch (in title or upon referral or certification to the tion 301 industry petitions to inves- this chapter referred to as the ‘Office’). Judicial Conference of the United States of tigate and take enforcement action ‘‘§ 1022. Appointment, term, and removal of any matter under section 354(b) of this title. against unfair foreign trade laws or Inspector General ‘‘(c) LIMITATION.—The Inspector General shall not have the authority to— practices. Such jurisdiction would in- ‘‘(a) APPOINTMENT.—The head of the Office ‘‘(1) investigate or review any matter that clude the ability to review USTR deter- shall be the Inspector General, who shall be is directly related to the merits of a decision appointed by the Chief Justice of the United minations that U.S. trade rights have or procedural ruling by any judge, justice, or States after consultation with the majority not been violated as alleged in industry court; or and minority leaders of the Senate and the petitions, and the sufficiency of formal ‘‘(2) punish or discipline any judge, justice, Speaker and minority leader of the House of actions taken by USTR in response to or court. Representatives. foreign trade laws or practices deter- ‘‘(b) TERM.—The Inspector General shall ‘‘§ 1025. Reports mined to violate U.S. trade rights. serve for a term of 4 years and may be re- ‘‘(a) WHEN TO BE MADE.—The Inspector The Trade CLAIM Act would give appointed by the Chief Justice of the United General shall— U.S. businesses and workers a greater States for any number of additional terms. ‘‘(1) make an annual report to the Chief say in whether, when and how U.S. ‘‘(c) REMOVAL.—The Inspector General may Justice and to Congress relating to the ac- trade rights should be enforced. The be removed from office by the Chief Justice tivities of the Office; and bill would be particularly beneficial to of the United States. The Chief Justice shall ‘‘(2) make prompt reports to the Chief Jus- small businesses, which—like other pe- communicate the reasons for any such re- tice and to Congress on matters that may re- titioners in Section 301 cases—cur- moval to both Houses of Congress. quire action by the Chief Justice or Con- gress. rently have no avenue to formally ‘‘§ 1023. Duties ‘‘(b) SENSITIVE MATTER.—If a report con- ‘‘With respect to the judicial branch, the challenge the merits of USTR’s deci- tains sensitive matter, the Inspector General Office shall— sions, and are often drowned out by may so indicate and Congress may receive ‘‘(1) conduct investigations of alleged mis- large business interests in industry- that report in closed session. conduct in the judicial branch (other than ‘‘(c) DUTY TO INFORM ATTORNEY GENERAL.— wide Section 301 actions initiated by the United States Supreme Court) under In carrying out the duties of the Office, the USTR. chapter 16, that may require oversight or Inspector General shall report expeditiously By providing for judicial review of other action within the judicial branch or by to the Attorney General whenever the In- USTR decisions not to enforce U.S. Congress; spector General has reasonable grounds to trade rights, the bill provides for im- ‘‘(2) conduct investigations of alleged mis- believe there has been a violation of Federal conduct in the United States Supreme Court, partial third party oversight by a spe- criminal law. cialty court not subject to political that may require oversight or other action ‘‘§ 1026. Whistleblower protection and diplomatic pressures. In delinking within the judicial branch or by Congress; discreet trade disputes from the mer- ‘‘(3) conduct and supervise audits and in- ‘‘(a) IN GENERAL.—No officer, employee, vestigations; agent, contractor or subcontractor in the ju- curial machinations of international ‘‘(4) prevent and detect waste, fraud, and dicial branch may discharge, demote, threat- relations, this Act would end the sac- abuse; and en, suspend, harass or in any other manner rifice of individual industries on the ‘‘(5) recommend changes in laws or regula- discriminate against an employee in the negotiating table, and leave it to the tions governing the judicial branch. terms and conditions of employment because

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The Tribes are preparing tor General in the performance of duties stream water users gain a small to rehabilitate the dilapidated Duck under this chapter. amount of water storage in the Wild Valley Irrigation Project, increase the ‘‘(b) CIVIL ACTION.—An employee injured Horse Reservoir. amount of irrigable lands in agricul- by a violation of subsection (a) may, in a The second purpose of this bill is to tural production, develop a Wildlife civil action, obtain appropriate relief.’’. settle the Tribes’ long-standing claims Habitat Project, and undertake other (b) TECHNICAL AND CONFORMING AMEND- against the United States for damages economic development projects to en- MENT.—The table of chapters for part III of title 28, United States Code, is amended by caused by the Bureau of Reclamation’s hance the Reservation economy and adding at the end the following: Duck Valley Irrigation Project, related contribute to the permanent homeland ‘‘60. Inspector General for the judicial Bureau of Indian Affairs projects, and purpose of the Duck Valley Reserva- branch.’’. the mismanagement of tribal re- tion. sources, particularly the destruction of The maintenance fund, authorized at Mr. REID (for himself and Mr. the Tribe’s salmon and steelhead trout $15 million over 5 fiscal years, would ENSIGN): fishing stock. fund the refurbishment and mainte- S. 462. A bill to approve the settle- The Shoshone-Paiutes have a long nance of the Reservation’s water infra- ment of the water rights claims of the history in Nevada and Idaho. The structure. Shoshone-Paiute Tribes of the Duck Tribes roamed the region well before The Shoshone-Paiute Tribes of Duck Valley Indian Reservation in Nevada, the Duck Valley Reservation was es- Valley Water Rights Settlement Act is to require the Secretary of the Interior tablished by Executive Order in 1877. important legislation. It reflects the to carry out the settlement, and for The Reservation today encompasses compromises of our constituents who other purposes; to the Committee on approximately 290,000 acres of land held worked hard to reach agreement on Indian Affairs. in trust by the federal government for matters that affect their livelihoods Mr. REID. Mr. President, I rise today the Shoshone-Paiute Tribes. and cultures. I believe this bill benefit to introduce legislation to resolve a The Reservation draws water from the Tribes, the ranchers and upstream Nevada water rights matter that has three primary sources: 1. the East Fork water users, and those residents in the lasted more than a decade. of the Owyhee River that flows through northern Nevada and southern Idaho This bill, the Shoshone-Paiute Tribes the Reservation from south to north region. of Duck Valley Water Rights Settle- from the Nevada side; 2. Blue Creek, a I look forward to working with the ment Act, would ratify an agreement tributary to the Owyhee that flows chairman and ranking member of the reached last fall by the State of Ne- north to south through the Reservation Senate Committee on Indian Affairs to vada, the Tribes, many individual until it meets the Owyhee on the Idaho ensure timely review and passage of water users, and the United States. I side of the Reservation; and 3. Mary’s this bill. am pleased that the parties came to- Creek, located in the northeastern part I ask unanimous consent that the gether, asserted their interests, made of the Reservation, flowing northeast- text of the bill be printed in the compromises, and reached an agree- erly through the Reservation and into RECORD. ment. Each party had different—and Idaho. There being no objection, the text of frequently conflicting—water claims, When the Bureau of Indian Affairs’ the bill was ordered to be printed in water needs, and ideas on water use Duck Valley Indian Irrigation Project the RECORD, as follows: and conservation. I appreciate the par- was initiated in the 1930s, the project S. 462 ties’ hard work and their commitment placed over 12,000 acres of land under Be it enacted by the Senate and House of Rep- to end expensive litigation to reach an irrigation. Like many Indian water resentatives of the United States of America in agreement that will permanently re- projects, the Project was only partially Congress assembled, solve the water rights matters along completed and never fully funded, SECTION 1. SHORT TITLE. the East Fork of the Owyhee River. which accounted for the Projects’ dis- This Act may be cited as the ‘‘Shoshone- This bill, if enacted, will ratify the repair, resulted in reduced storage ca- Paiute Tribes of Duck Valley Water Rights agreement reached by the parties. pacity, and an inability to reach the Settlement Act’’. The primary purpose of this bill is to goal of maximizing the acres in produc- SEC. 2. FINDINGS. approve, ratify and confirm the agree- tion. Congress finds that— ment that addresses the Tribes’ water With the construction of the Bureau (1) it is the policy of the United States, in rights, the rights of upstream water of Reclamation’s Owyhee Irrigation accordance with the trust responsibility of users, and the implementation of a Project Dam in the 1930s, the Tribes’ the United States to Indian tribes, to pro- plan for the parties to exercise their mote Indian self-determination and eco- salmon runs were destroyed. nomic self-sufficiency and to settle Indian water rights. The affects of these federal projects water rights claims without lengthy and The Agreement quantifies the Tribes’ on the Tribes’ resources and culture costly litigation, if practicable; surface water rights and groundwater and the Federal Government’s failure (2) quantifying rights to water and devel- claims in Nevada. The Tribes will es- to protect tribal water rights require opment of facilities needed to use tribal tablish a water code and administer places the United States in the posi- water supplies is essential to the develop- the quantified rights on the Reserva- tion of compensating the Tribes for ment of viable Indian reservation economies tion accordingly. their loss. The Tribes value the loss to and the establishment of a permanent res- The Agreement also states that the their resources and culture at level ervation homeland; (3) uncertainty concerning the extent of water rights of the upstream water much higher than what Senator Ensign the right to water of the Shoshone-Paiute users who live off the Reservation will and I propose. While the United States Tribes has limited the access of the Tribes to be determined and administered by the can never fully compensate the Tribes water and financial resources necessary to State Engineer. Under the settlement, for their loss, I appreciate the Tribes’ achieve self-determination and self-suffi- the parties have agreed to a limitation willingness to accept the settlement ciency; on the number of acres that can be irri- figure and put an end to this painful (4) in 2006, the Tribes, the State of Idaho, gated by the upstream water users. part of our sovereign-to-sovereign rela- the affected individual water users, and the The settlement’s implementation tionship. United States resolved all tribal claims to plan describes how the rights of the re- water rights in the Snake River Basin Adju- The bill, if enacted, would authorize dication through a consent decree entered by spective parties will be administered two settlement funds—a development the District Court of the Fifth Judicial Dis- and disputes will be resolved. It de- fund and a maintenance fund. trict of the State of Idaho, requiring no fur- scribes that the surface water basin The development fund, to be author- ther Federal action to implement the Tribes’ will be closed, and provides that a ized at $45 million over 5 fiscal years, water rights in the State of Idaho;

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(5) as of the date of enactment of this Act, (9) UPSTREAM WATER USER.—The term ‘‘up- (A) operation and maintenance of the Duck proceedings to determine the extent and na- stream water user’’ means an individual Valley Irrigation Project and other water-re- ture of the water rights of the Tribes are water user that— lated projects funded under this Act; or pending before the Nevada State Engineer; (A) is located upstream from the Duck Val- (B) water supply and sewer systems for (6) final resolution through litigation of ley Indian Reservation on the East Fork of tribal communities, including the operation the water claims of the Tribes will— the Owyhee River; and and maintenance costs of a water quality (A) take many years; (B) is a signatory to the Agreement. testing laboratory. (B) entail great expense; SEC. 5. APPROVAL, RATIFICATION, AND CON- (3) AUTHORIZATION OF APPROPRIATIONS.— (C) continue to limit the access of the FIRMATION OF AGREEMENT. There is authorized to be appropriated to the Tribes to water, with economic and social (a) IN GENERAL.—Except as provided in sec- Secretary for deposit in the Maintenance consequences; tion 1f of article III of the Agreement, and Fund $3,000,000 for each of fiscal years 2008 (D) prolong uncertainty relating to the except to the extent that the Agreement oth- through 2012. availability of water supplies; and erwise conflicts with this Act, the Agree- (d) ADMINISTRATION OF FUNDS.— (E) seriously impair long-term economic ment is approved, ratified, and confirmed. (1) IN GENERAL.—The Secretary, in accord- planning and development for all parties to (b) PERFORMANCE OF OBLIGATIONS.—The ance with the American Indian Trust Fund the litigation; Secretary and any other head of a Federal Management Reform Act of 1994 (25 U.S.C. (7) after many years of negotiation, the agency obligated under the Agreement shall 4001 et seq.), this Act, and the Agreement, United States, the Tribes, the State, and the perform any action necessary to carry out an shall manage the Funds, including by invest- upstream water users have entered into a obligation under the Agreement in accord- ing amounts from the Funds in accordance settlement agreement to resolve perma- ance with this Act. with— nently all water rights of the Tribes in the (A) the Act of April 1, 1880 (25 U.S.C. 161); SEC. 6. TRIBAL WATER RIGHTS. and State; and (a) IN GENERAL.—The Secretary shall hold (8) the Tribes have certain water-related (B) the first section of the Act of June 24, the tribal water rights in trust on behalf of 1938 (25 U.S.C. 162a). claims for damages against the United the United States for the benefit of the States. (2) DISTRIBUTIONS.— Tribes. (A) WITHDRAWALS.— DMINISTRATION SEC. 3. PURPOSES. (b) A .— (i) IN GENERAL.—During any fiscal year, The purposes of this Act are— (1) ENACTMENT OF WATER CODE.—Not later the Tribes may withdraw amounts from the (1) to resolve outstanding issues with re- than 3 years after the date of enactment of Funds if the Secretary approves a plan of the spect to the East Fork of the Owyhee River this Act, the Tribes shall enact a water code Tribes to withdraw amounts under section in the State in such a manner as to provide to administer tribal water rights. 202 of the American Indian Trust Fund Man- important benefits to— (2) INTERIM ADMINISTRATION.—The Sec- agement Reform Act of 1994 (25 U.S.C. 4022). (A) the United States; retary shall regulate the tribal water rights (ii) PLAN TO WITHDRAW AMOUNTS.— (B) the State; during the period beginning on the date of (I) INCLUSION.—In addition to any informa- (C) the Tribes; and enactment of this Act and ending on the date tion required under section 202 of the Amer- (D) the upstream water users; on which the Tribes enact a water code ican Indian Trust Fund Management Reform (2) to achieve a fair, equitable, and final under paragraph (1). Act of 1994 (25 U.S.C. 4022), a plan of the settlement of all claims of the Tribes, mem- (c) LOSS OF TRIBAL WATER RIGHTS.—The Tribes to withdraw amounts under this sub- bers of the Tribes, and the United States on tribal water rights shall not be subject to paragraph shall include a requirement that behalf of the Tribes to the East Fork of the loss by abandonment, forfeiture, or nonuse. the Tribes spend the amounts withdrawn Owyhee River in the State; SEC. 7. DEVELOPMENT AND MAINTENANCE from the Funds during a fiscal year for 1 or (3) to ratify and provide for the enforce- FUNDS. more uses described in subsection (b)(2) or ment of the Agreement among the parties to (a) DEFINITION OF FUNDS.—In this section, (c)(2). the litigation; the term ‘‘Funds’’ means— (II) ENFORCEMENT.—The Secretary may (4) to resolve the Tribes’ water-related (1) the Development Fund; and take administrative or judicial action to en- claims for damages against the United (2) the Maintenance Fund. force a plan of the Tribes to withdraw States; (b) DEVELOPMENT FUND.— amounts. (5) to require the Secretary to perform all (1) ESTABLISHMENT.—There is established (B) REMAINING AMOUNTS.— obligations of the Secretary under the in the Treasury of the United States a fund (i) IN GENERAL.—On approval of an expendi- Agreement and this Act; and to be known as the ‘‘Shoshone-Paiute Tribes ture plan submitted by the Tribes under (6) to authorize the actions and appropria- Water Rights Development Fund’’. clause (ii), the Secretary shall distribute to tions necessary for the United States to (2) USE OF FUNDS.—The Tribes shall use the Tribes amounts in the Funds not with- meet the obligations of the United States amounts in the Development Fund— drawn by the Tribes during the preceding fis- under the Agreement and this Act. (A) to pay or reimburse costs incurred by cal year. the Tribes in acquiring land and water (ii) EXPENDITURE PLAN.— SEC. 4. DEFINITIONS. rights; (I) IN GENERAL.—For each fiscal year, the In this Act: (B) for purposes of cultural preservation; Tribes shall submit to the Secretary for ap- (1) AGREEMENT.—The term ‘‘Agreement’’ (C) to restore or improve fish or wildlife proval an expenditure plan for amounts de- means the agreement entitled the ‘‘Agree- habitat; scribed in clause (i). ment to Establish the Relative Water Rights (D) for fish or wildlife production, water (II) INCLUSIONS.—An expenditure plan of the Shoshone-Paiute Tribes of the Duck resource development, agricultural develop- under subclause (I) shall include— Valley Indian Reservation and the Upstream ment, rehabilitation, and expansion of the (aa) an accounting by the Tribes of any Water Users, East Fork Owyhee River’’ (in- Duck Valley Irrigation Project; funds withdrawn by the Tribes from the cluding all attachments to that agreement). (E) for water resource planning and devel- Funds during the preceding fiscal year, in- (2) DEVELOPMENT FUND.—The term ‘‘Devel- opment; or cluding a description of any use by the opment Fund’’ means the Shoshone-Paiute (F) to pay the costs of designing and con- Tribes of the funds and the amount remain- Tribes Water Rights Development Fund es- structing water supply and sewer systems for ing in the Funds for the preceding fiscal tablished by section 7(b)(1). tribal communities, including— year; and (3) EAST FORK OF THE OWYHEE RIVER.—The (i) a water quality testing laboratory; (bb) a description of the means by which term ‘‘East Fork of the Owyhee River’’ (ii) other appropriate water-related the Tribes will use any amount distributed means the portion of the east fork of the projects and other related economic develop- under this subparagraph. Owyhee River that is located in the State. ment projects; (iii) APPROVAL.—The Secretary shall ap- (4) MAINTENANCE FUND.—The term ‘‘Main- (iii) the development of a water code; and prove an expenditure plan under this sub- tenance Fund’’ means the Shoshone-Paiute (iv) other costs of implementing the Agree- paragraph if the Secretary determines that Tribes Operation and Maintenance Fund es- ment. the plan is— tablished by section 7(c)(1). (3) AUTHORIZATION OF APPROPRIATIONS.— (I) reasonable; and (5) SECRETARY.—The term ‘‘Secretary’’ There is authorized to be appropriated to the (II) consistent with this Act and the Agree- means the Secretary of the Interior. Secretary for deposit in the Development ment. (6) STATE.—The term ‘‘State’’ means the Fund $9,000,000 for each of fiscal years 2008 (C) LIMITATIONS.— State of Nevada. through 2012. (i) TIMING.—No amount from the Funds (in- (7) TRIBAL WATER RIGHT.—The term ‘‘tribal (c) MAINTENANCE FUND.— cluding any interest income accruing to the water right’’ means a right of the Tribes de- (1) ESTABLISHMENT.—There is established Funds) shall be distributed until the waivers scribed in the Agreement relating to water, in the Treasury of the United States a fund under section 8(a) take effect. including groundwater, storage water, and to be known as the ‘‘Shoshone-Paiute Tribes (ii) NO PER CAPITA DISTRIBUTIONS.—No surface water. Operation and Maintenance Fund’’. amount from the Funds (including any inter- (8) TRIBES.—The term ‘‘Tribes’’ means the (2) USE OF FUNDS.—The Tribes shall use est income accruing to the Funds) shall be Shoshone-Paiute Tribes of the Duck Valley amounts in the Maintenance Fund to pay or distributed to a member of the Tribes on a Indian Reservation. provide reimbursement for the costs of— per capita basis.

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(3) FUNDING AGREEMENT.—Notwithstanding (ii) accrued on or before the effective date (3) CONSENT TO JURISDICTION.—The United any other provision of this Act, on receipt of of a waiver under this subsection. States consents to jurisdiction in a proper a request from the Tribes, the Secretary (2) EFFECTIVE DATE.— forum for purposes of enforcing the provi- shall include an amount appropriated under (A) IN GENERAL.—The waiver under para- sions of the Agreement. this subsection in the funding agreement of graph (1) takes effect on the date on which (4) EFFECT OF SUBSECTION.—Nothing in this the Tribes under title IV of the Indian Self- the amounts authorized to be appropriated subsection confers jurisdiction on any State Determination and Education Assistance Act under subsections (b)(3) and (c)(3) of section court to— (25 U.S.C. 458aa et seq.), for use in accord- 7 are distributed to the Tribes. (A) enforce Federal environmental laws re- ance with subsections (b)(2) and (c)(2). (B) TOLLING OF CLAIMS.— lating to the duties of the United States (4) LIABILITY.—The Secretary and the Sec- (i) IN GENERAL.—Each applicable period of under this Act; or retary of the Treasury shall not retain any limitation and time-based equitable defense (B) conduct judicial review of a Federal liability for the expenditure or investment of relating to a claim described in paragraph (1) agency action in accordance with this Act. amounts distributed to the Tribes under this shall be tolled for the period beginning on subsection. the date of enactment of this Act and ending By Mr. MCCAIN (for himself and (5) CAPITAL COSTS NONREIMBURSABLE.—The on the date on which the amounts authorized Mr. FEINGOLD): capital costs associated with the Duck Val- to be appropriated under subsections (b)(3) S. 463. A bill to amend the Federal ley Indian Irrigation Project as of the date of and (c)(3) of section 7 are distributed to the Election Campaign Act of 1971 to clar- enactment of this Act, including any capital Tribes. cost incurred with funds distributed under ify when organizations described in (ii) EFFECT OF SUBPARAGRAPH.—Nothing in section 527 of the Internal Revenue this subsection for that project, shall be per- this subparagraph revives any claim or tolls manently nonreimbursable. any period of limitation or time-based equi- Code of 1986 must register as political SEC. 8. TRIBAL WAIVER OF CLAIMS. table defense that expired before the date of committees, and for other purposes; to (a) WAIVERS.— enactment of this Act. the Committee on Rules and Adminis- (1) IN GENERAL.—Except as otherwise pro- (c) RETENTION OF RIGHTS.— tration. vided in the Agreement and this Act, the (1) IN GENERAL.—The Tribes shall retain all Mr. McCAIN. Mr. President, once Tribes, and the United States on behalf of rights not waived by the Tribes, or the again I am pleased to be joined by my the Tribes, waive and release— United States on behalf of the Tribes, in the good friend and colleague Senator (A) all claims to water in the East Fork of Agreement or this Act. FEINGOLD from Wisconsin in intro- the Owyhee River and all claims to injury re- (2) CLAIMS OUTSIDE RESERVATION.—Nothing lating to that water; and ducing a bill to end the illegal practice in the Agreement or this Act shall be consid- of 527 groups spending soft money on (B) all claims against the State, any agen- ered to be a waiver by the Tribes of any cy or political subdivision of the State, or claim to a right on land outside the Duck ads and other activities to influence any person, entity, or corporation relating Valley Indian Reservation. Federal elections. to injury to a right of the Tribe under any (3) FUTURE ACQUISITION OF WATER RIGHTS.— This bill is very simple. It would re- Executive order entered on behalf of the Nothing in the Agreement or this Act pre- quire that all 527s register as political Tribes, to the extent that the injury— cludes the Tribes, or the United States as committees and comply with Federal (i) resulted from a flow modification or a trustee for the Tribes, from acquiring a campaign finance laws, including Fed- reduction in the quantity of water available; water right in the State to the same extent and eral limits on the contributions they as any other entity in the State, in accord- receive, unless the money they raise (ii) accrued on or before the effective date ance with State law. of the Agreement. and spend is only in connection with SEC. 9. MISCELLANEOUS. (2) ENFORCEMENT OF WAIVERS.—A waiver of non-Federal candidate elections, State a claim under this subsection by the Tribes, (a) GENERAL DISCLAIMER.—The parties to or local ballot initiatives, or the nomi- or the United States on behalf of the Tribes, the Agreement expressly reserve all rights nation or confirmation of individuals not specifically granted, recognized, or relin- shall be enforceable in the appropriate to non-elected offices. forum. quished by— (1) the settlement described in the Agree- Additionally, this legislation would (3) EFFECTIVE DATE.—A waiver by the set new rules for Federal political com- Tribes, or the United States on behalf of the ment; or Tribes, of a claim under this subsection shall (2) this Act. mittees that spend funds on voter mo- take effect on the date on which the Sec- (b) LIMITATION OF CLAIMS AND RIGHTS.— bilization efforts effecting both Federal retary publishes in the Federal Register a Nothing in this Act— and local races and, therefore, use both statement of findings that includes a finding (1) establishes a standard for quantifying— a Federal and a non-Federal account that— (A) a Federal reserved water right; under Federal Election Commission (A) all parties to the Agreement have exe- (B) an aboriginal claim; or (FEC) regulation. The new rules would (C) any other water right claim of an In- cuted the Agreement; prevent unlimited soft money from (B) a decree acceptable to each party to dian tribe in a judicial or administrative the Agreement has been entered by the proceeding; or being channeled into Federal election Fourth Judicial District Court, Elko County, (2) limits the right of a party to the Agree- activities by these Federal political Nevada; and ment to litigate any issue not resolved by committees. (C) the Agreement has been ratified under the Agreement or this Act. Under the new rules that would be es- section 5(a). (c) ADMISSION AGAINST INTEREST.—Nothing tablished under this bill, at least half (b) WAIVER AND RELEASE OF CLAIMS in this Act shall be considered to be an ad- of the funds spent on these voter mobi- AGAINST THE UNITED STATES.— mission against interest by a party in any lization activities by Federal political (1) IN GENERAL.—In consideration of per- legal proceeding. committees would have to be hard formance by the United States of all actions (d) DUCK VALLEY RESERVATION.—The Duck required by the Agreement and this Act, in- Valley Indian Reservation established by the money from their Federal account. cluding the authorization of appropriations Executive order dated April 16, 1877, as ad- More importantly, the funds raised for under subsections (b)(3) and (c)(3) of section justed pursuant to the Executive order dated their non-Federal account would have 7, the Tribe shall execute a waiver and re- May 4, 1886, and Executive order numbered to come from individuals and would be lease of any claim against the United States 1222 and dated July 1, 1910, for use and occu- limited to no more than $25,000 per for— pation by the Western Shoshones and the year per donor. Corporations and labor (A) a water right in the East Fork of the Paddy Cap Band of Paiutes shall be— unions could not contribute to these Owyhee River; (1) considered to be the property of the non-Federal accounts. To put it in sim- (B) an injury to a right described in sub- Tribes; and paragraph (A); (2) permanently held in trust by the United ple terms, a George Soros could give (C) breach of trust— States for the sole use and benefit of the $25,000 per year as opposed to $10 mil- (i) for failure to protect, acquire, or de- Tribes. lion to finance these activities. velop a water right that accrued on or before (e) JURISDICTION.— It is unfortunate that we even need the effective date of a waiver under this sub- (1) SUBJECT MATTER JURISDICTION.—Nothing to be here introducing this bill today. section; or in the Agreement or this Act restricts, en- This legislation would not be necessary (ii) arising out of the negotiation or adop- larges, or otherwise determines the subject if the FEC would enforce existing law. tion of the Agreement; or matter jurisdiction of any Federal, State, or As my colleagues know, a number of (D) a fishing right under any Executive tribal court. 527 groups raised and spent a substan- order, to the extent that an injury to such a (2) CIVIL OR REGULATORY JURISDICTION.— right— Nothing in the Agreement or this Act im- tial amount of soft money in a blatant (i) resulted from a reduction in the quan- pairs or impedes the exercise of any civil or effort to influence the outcome of the tity of water available in the East Fork of regulatory authority of the United States, 2004 Presidential election. These activi- the Owyhee River; and the State, or the Tribes. ties are illegal under existing laws,

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The same analysis shows Finally, the bill makes an important mittee markup have been carried for- that ten donors gave at least $4 million change with respect to the non-federal ward in the bill we introduce today. each to 527s involved in the 2004 elec- portion of the allocable activities. We They improved and strengthened the tions and two donors each contributed put a limit of $25,000 per year on the bill. Unfortunately, other amendments over $20 million. Let me be perfectly contributions that can be accepted for were added during the Rules Com- clear on one point here. Our proposal that non-federal account. This means mittee consideration of the bill that we will NOT shut down 527s. It will simply no more million dollar soft money con- could not support. So the bill that we require them to abide by the same Fed- tributions to pay for get-out-the-vote are introducing today is the same as eral regulations every other Federal efforts in the presidential campaign. the bill that went to markup in 2005, political committee must abide by in Nothing in this bill will affect legiti- not the bill that was reported. spending money to influence Federal mate 501(c) advocacy groups. The bill In closing, let me remind my col- elections. only applies to groups that claim a tax Opponents of campaign finance re- leagues that the soft money loophole exemption under section 527. was first opened by FEC rulings in the form like to point out that the activi- Having laid out the central compo- late ’70s. By the time we started work ties of these 527s serve as proof that nents of the bill, let me discuss how on BCRA, the problem had mush- the Bipartisan Campaign Reform Act this bill has evolved, and the dif- roomed and led to the scandals we saw (BCRA) has failed in its stated purpose, ferences between this bill and the bill in the 1996 campaign. When we passed which is to eliminate the corrupting we introduced in 2005. In the last Con- BCRA, I said we would have to be vigi- influence of soft money in our political gress, we made a great deal of progress lant to make sure that the FEC en- campaigns. Let me be perfectly clear working with the Senator from Mis- forced the law and that similar loop- on this. The 527 issue has nothing to do sissippi, who at the time chaired the holes did not develop. That is what we with BCRA, it has everything to do Rules Committee. Prior to taking the are trying to do here. with the Federal Election Campaign bill to a markup in the spring of 2005, I have no doubt that if we don’t act Act of 1974 and the failure of the FEC Senator LOTT worked with us to clarify to properly regulate the activities of the bill and address some of the con- on this 527 problem now, we will see these groups. cerns that had been raised about it. more problems explode into scandals The bill Senator FEINGOLD and I are The bill we are introducing today is over the next few election cycles. In introducing today is designed to put an identical to the ‘‘Chairman’s Mark’’ the 2004 cycle, Federal-oriented 527s end to the abusive, illegal practices of spend $423 million. In fact, there were that Senator LOTT brought before the these 527s. I urge my colleagues to sup- Rules Committee last year. two donors who each contributed over port swift passage of this bill and put While the original bill exempted 527s $20 million. We cannot afford to wait an end to this problem once and for all. engaged exclusively in state elections until another presidential campaign Mr. FEINGOLD. Mr. President, I am from the registration requirement, it season is in full bloom before address- pleased to be working once again with denied the exemption to groups that ing this problem. This FEC-ordained my partner in reform, the senior Sen- carry out ‘‘voter drive activities’’—de- loophole threatens to further under- ator from Arizona, Senator MCCAIN, to fined as get-out-the vote, voter ID, or mine the federal election laws. We introduce the 527 Reform Act. must close it this year. Our purpose is simple—to pass legis- voter registration—during a federal lation that will do what the FEC could election year. This made the exemp- tion too narrow, so we looked for an- By Mr. ROCKEFELLER (for him- and should do under current law, but, self, Ms. COLLINS, and Mr. NEL- once again, has failed to do. Current other way to ensure that state 527s that only work on behalf of non-Fed- SON of Florida): Federal election law requires these S. 464. A bill to amend title XVIII groups to register as political commit- eral officeholders will not have to be- come Federal PACs. and XIX of the Social Security Act to tees and to stop raising and spending improve the requirements regarding soft money. But the FEC has failed to The Chairman’s Mark, and this advance directives in order to ensure enforce the law, so we must act in the year’s bill, completely exempt organi- that an individual’s health care deci- Congress. This bill will make it abso- zations of State and local candidates or sions are complied with, and for other lutely clear that the federal election officeholders. Groups such as the purposes; to the Committee on Fi- laws apply to 527 organizations. Democratic Governors Association, Re- We had to something similar with publican Governors Association, or a nance. BCRA, the Bipartisan Campaign Re- state legislative caucus would be ex- By Mr. NELSON of Florida (for form Act, which passed in 2002, closing empt, as long as their voter drive ac- the soft money loophole that the FEC tivities only mention state candidates himself, Mr. LUGAR, Mr. ROCKE- created in the late ’70s and expanded in or ballot issues. These groups do not FELLER, Ms. COLLINS Mr. DUR- the ’90s. That struggle took seven qualify for the exemption, however, if BIN, and Mr. BINGAMAN): years. We have now been seeking to they mention Federal candidates in S. 465. A bill to amend titles XVIII bring 527s within the law for four. their communications. and XIX of the Social Security Act and This bill will require all 527s to reg- Second, the bill provides a slightly title III of the Public Health Service ister as political committees unless narrower exemption for State PACs Act to improve access to information they fall into a number of narrow cat- that are active only in State elections. about individuals’ health care options egories. The exceptions are basically The only additional requirements for and legal rights for care near the end of for groups that Congress exempted these PACs to qualify for an exemption life, to promote advance care planning from disclosure requirements because are that they can only be active in a and decisionmaking so that individ- they are so small or for groups that are single State, and they cannot have a uals’ wishes are known should they be- involved exclusively in State election candidate for Federal office or Federal come unable to speak for themselves, activity. Once a group registers as a officeholder controlling or partici- to engage health care providers in dis- political committee, certain activities, pating in the organization or raising seminating information about and as- such as ads that mention only Federal money for it. sisting in the preparation of advance candidates, will have to be paid for Finally, we made a number of directives, which include living wills solely with hard money. changes to ensure that Federal PACs and durable powers of attorney for Under current rules, the FEC permits that allocate expenditures can use non- health care, and for other purposes; to Federal political committees to main- Federal money for expenditures de- the Committee on Finance.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1442 CONGRESSIONAL RECORD — SENATE January 31, 2007 By Mr. ROCKEFELLER (for him- Americans is perplexing, disjointed, I ask unanimous consent that the self, Mr. NELSON of Florida, and and lacking an active dialogue. We can, text of each of these bills be printed in Mr. LUGAR): and must, take action to make this the RECORD. S. 466. A bill to amend title XVIII of process as easy as possible. There being no objection, the text of the Social Security Act to provide for It is not surprising that we face this the bills was ordered to be printed in coverage of an end-of-life planning con- problem. Health care professionals fre- the RECORD, as follows: sultation as part of an initial preven- quently use terms that are too tech- S. 464 tive physical examination under the nical or confusing for the average per- Be it enacted by the Senate and House of Rep- Medicare program; to the Committee son. Patients who appear too sick to resentatives of the United States of America in on Finance. participate in the discussions may be Congress assembled, Mr. ROCKEFELLER. Mr. President, excluded from determining their own SECTION 1. SHORT TITLE; TABLE OF CONTENTS. death is by no means an easy subject to destiny. And all too often the entire (a) SHORT TITLE.—This Act may be cited as the ‘‘Advance Planning and Compassionate talk about; nonetheless, end-of-life conversation never happens due to the care continues to be a controversial Care Act of 2007’’. discomfort of all parties involved. As a (b) TABLE OF CONTENTS.—The table of con- topic that must be addressed. Today, I result, patients and families, suffer tents of this Act is as follows: am introducing three bills that I hope needlessly during these already dif- Sec. 1. Short title; table of contents. will go a long way to improve end-of- ficult times. A report issued by the In- Sec. 2. Development of standards to assess life care in this country. Senator stitute of Medicine Committee on Care end-of-life care. SUSAN COLLINS and I are reintroducing at the End of Life stated that, and I Sec. 3. Study and report by the Secretary of our Advance Planning and Compas- Health and Human Services re- quote, ‘‘suffering arises when the ag- garding the establishment and sionate Care Act, comprehensive legis- gressive use of ineffectual or intrusive lation that would ensure that patients’ implementation of a national interventions serves to prolong the pe- uniform policy on advance di- final wishes for end-of-life care are riod of dying unnecessarily or to dis- rectives. known, respected, and complied with. honor the dying person’s wishes about Sec. 4. Improvement of policies related to This legislation has been introduced in care. Too often, dying people and their the use of advance directives. each Congress since the 105th Congress. families are either not aware of these Sec. 5. National information hotline for end- I am hopeful that we will be able to of-life decisionmaking and hos- care options, not fully apprised of the pice care. move it this year. probable benefits and burdens of these I am also introducing the Medicare Sec. 6. Demonstration project for innovative various options, or are the recipients of and new approaches to end-of- End-of-Life Care Planning Act with care that is inconsistent with their life care for Medicare, Med- Senators LUGAR and BILL NELSON. This wishes as expressed in written or oral icaid, and SCHIP beneficiaries. important bill is based on an amend- directives.’’ Sec. 7. Establishment of End-of-Life Care ment that I introduced during the Fi- Advisory Board. Despite these shortcomings, the evi- nance Committee’s consideration of SEC. 2. DEVELOPMENT OF STANDARDS TO AS- dence tells us that most people want to the Deficit Reduction Act in 2005. It SESS END-OF-LIFE CARE. discuss advanced directives when they would require physician consultation (a) IN GENERAL.—The Secretary of Health are healthy and they want their fami- regarding advance directives during and Human Services, in consultation with lies involved in the process. According the Administrator of the Centers for Medi- the initial ‘‘Welcome to Medicare’’ to the American Psychological Asso- care & Medicaid Services, the Director of the physician visit. An end-of-life care con- ciation, almost 60 percent of individ- National Institutes of Health, the Adminis- sultation during a Medicare recipient’s uals 65 or older state that they want trator of the Agency for Health Care Policy first contact with the program would and Research, and the End-of-Life Care Advi- their family to be given choices about emphasize the importance of advance sory Board (established under section 7), treatment should they become inca- planning and give him or her the tools shall develop outcome standards and meas- pacitated rather than leaving the deci- necessary to understand advance direc- ures to— sion up to physicians. How can we tives, the Medicare hospice benefit, and (1) evaluate the performance of health care allow these serious problems to persist programs and projects that provide end-of- other end-of-life care concerns. Having when dealing with the lives of our fam- life care to individuals, including the quality such a benefit in Medicare would un- ily and friends? of the care provided by such programs and doubtedly improve patient care and projects; and quality at the end-of-life. Death is hard to think about. Death (2) assess the access to, and utilization of, The final bill that I would like to is hard to talk about. And the final pe- such programs and projects, including dif- talk about today is the Advance Direc- riod of time leading up to our death is ferences in such access and utilization in tives Improvement and Education Act, hard to plan. But we must encourage rural and urban areas and for minority popu- legislation that I am cosponsoring with our family, our friends, and our loved lations. ones to discuss this difficult topic in an (b) REPORT TO CONGRESS.—Not later than 2 Senators BILL NELSON and RICHARD years after the date of enactment of this LUGAR. The Advance Directives Im- open and effective manner in order to avoid any additional pain when a loved Act, the Secretary of Health and Human provement and Education Act com- Services shall submit to Congress a report on plements both of the bills I am intro- one passes away. We must also provide the outcome standards and measures devel- ducing today. It includes my language them the best tools to do so. oped under subsection (a), together with rec- on the ‘‘Welcome to Medicare’’ doctor’s The legislation I am introducing ommendations for such legislation and ad- visit, which I believe is critical, but it today accomplishes this objective by ministrative actions as the Secretary con- also includes two other important pro- developing standards for end-of-life siders appropriate. care, facilitating opportunities for pa- SEC. 3. STUDY AND REPORT BY THE SECRETARY visions. It improves the policies for use OF HEALTH AND HUMAN SERVICES and portability of advance directives tients to discuss end-of-life issues with REGARDING THE ESTABLISHMENT across state lines, and it directs the a trained professional, and authorizing AND IMPLEMENTATION OF A NA- Secretary of HHS to conduct a public funds for demonstration projects on in- TIONAL UNIFORM POLICY ON AD- VANCE DIRECTIVES. education campaign on the importance novative approaches to end-of-life care. (a) STUDY.— of end-of-life planning. Death is a serious, personal, and (1) IN GENERAL.—The Secretary of Health I am happy to be an author of each of complicated issue that is eventually and Human Services shall conduct a thor- these bills. As we have seen recently relevant to each and every one of us. ough study of all matters relating to the es- with the well-publicized case of Terri Americans deserve end-of-life care that tablishment and implementation of a na- Shiavo, end-of-life decision making can is effective in fulfilling individual tional uniform policy on advance directives be confusing and cause added anguish wishes, avoiding unnecessary disputes, for individuals receiving items and services to an already sorrowful situation. The and, most importantly, providing qual- under titles XVIII and XIX of the Social Se- delicate nature of life and love make it ity end-of-life care. Therefore, I urge curity Act (42 U.S.C. 1395 et seq.; 1396 et seq.). very difficult to create strict rules gov- my colleagues to join us in improving (2) MATTERS STUDIED.—The matters studied erning end-of-life care, nor should we end-of-life care and reducing the by the Secretary of Health and Human Serv- want to. In its present form, however, amount of grief that inevitably comes ices under paragraph (1) shall include issues end-of-life planning and care for most with losing those who we hold dear. concerning—

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(A) family satisfaction that a patient’s instructions made while an individual was (2) REPORT.—Not later than 18 months wishes, as stated in the patient’s advance di- able to express the wishes of such individual after the date of enactment of this Act, the rective, were carried out; with regard to health care. Secretary of Health and Human Services (B) the portability of advance directives, ‘‘(ii) For purposes of clause (i), the term shall submit to Congress a report on the including cases involving the transfer of an ‘actual knowledge’ means the possession of study conducted under paragraph (1), to- individual from 1 health care setting to an- information of an individual’s wishes com- gether with recommendations for such legis- other; municated to the health care provider orally lation and administrative actions as the Sec- (C) immunity from civil liability and or in writing by the individual, the individ- retary considers appropriate. criminal responsibility for health care pro- ual’s medical power of attorney representa- (d) EFFECTIVE DATES.— viders that follow the instructions in an in- tive, the individual’s health care surrogate, (1) IN GENERAL.—Subject to paragraph (2), dividual’s advance directive that was validly or other individuals resulting in the health the amendments made by subsections (a) and executed in, and consistent with the laws of, care provider’s personal cognizance of these (b) shall apply to provider agreements and the State in which it was executed; wishes. Other forms of imputed knowledge contracts entered into, renewed, or extended (D) conditions under which an advance di- are not actual knowledge. under title XVIII of the Social Security Act rective is operative; ‘‘(C) The provisions of this paragraph shall (42 U.S.C. 1395 et seq.), and to State plans (E) revocation of an advance directive by preempt any State law to the extent such under title XIX of such Act (42 U.S.C. 1396 et an individual; law is inconsistent with such provisions. The seq.), on or after such date as the Secretary (F) the criteria used by States for deter- provisions of this paragraph shall not pre- of Health and Human Services specifies, but mining that an individual has a terminal empt any State law that provides for greater in no case may such date be later than 1 year condition; portability, more deference to a patient’s after the date of enactment of this Act. (G) surrogate decisionmaking regarding wishes, or more latitude in determining a pa- (2) EXTENSION OF EFFECTIVE DATE FOR end-of-life care; tient’s wishes.’’. STATE LAW AMENDMENT.—In the case of a (H) the provision of adequate palliative (b) MEDICAID.—Section 1902(w) of the So- State plan under title XIX of the Social Se- care (as defined in paragraph (3)), including cial Security Act (42 U.S.C. 1396a(w)) is curity Act (42 U.S.C. 1396 et seq.) which the pain management; and amended— Secretary of Health and Human Services de- (I) adequate and timely referrals to hospice (1) in paragraph (1)— termines requires State legislation in order care programs. (A) in subparagraph (B)— for the plan to meet the additional require- (3) PALLIATIVE CARE.—For purposes of (i) by striking ‘‘in the individual’s medical ments imposed by the amendments made by paragraph (2)(H), the term ‘‘palliative care’’ record’’ and inserting ‘‘in a prominent part subsection (b), the State plan shall not be re- means interdisciplinary care for individuals of the individual’s current medical record’’; garded as failing to comply with the require- with a life-threatening illness or injury re- and ments of such title solely on the basis of its lating to pain and symptom management (ii) by inserting ‘‘and if presented by the failure to meet these additional require- and psychological, social, and spiritual needs individual, to include the content of such ad- ments before the first day of the first cal- and that seeks to improve the quality of life vance directive in a prominent part of such endar quarter beginning after the close of for the individual and the individual’s fam- record’’ before the semicolon at the end; the first regular session of the State legisla- ily. (B) in subparagraph (D), by striking ‘‘and’’ ture that begins after the date of enactment (b) REPORT TO CONGRESS.—Not later than after the semicolon at the end; of this Act. For purposes of the previous sen- 18 months after the date of enactment of this (C) in subparagraph (E), by striking the pe- tence, in the case of a State that has a 2-year Act, the Secretary of Health and Human riod at the end and inserting ‘‘; and’’; and legislative session, each year of the session Services shall submit to Congress a report on (D) by inserting after subparagraph (E) the is considered to be a separate regular session the study conducted under subsection (a), to- following new subparagraph: gether with recommendations for such legis- of the State legislature. ‘‘(F) to provide each individual with the SEC. 5. NATIONAL INFORMATION HOTLINE FOR lation and administrative actions as the Sec- opportunity to discuss issues relating to the retary considers appropriate. END-OF-LIFE DECISIONMAKING AND information provided to that individual pur- HOSPICE CARE. (c) CONSULTATION.—In conducting the suant to subparagraph (A) with an appro- The Secretary of Health and Human Serv- study and developing the report under this section, the Secretary of Health and Human priately trained professional.’’; ices, acting through the Administrator of Services shall consult with the End-of-Life (2) in paragraph (4), by striking ‘‘a writ- the Centers for Medicare & Medicaid Serv- Care Advisory Board (established under sec- ten’’ and inserting ‘‘an’’; and ices, shall operate directly, or by grant, con- tion 7), the Uniform Law Commissioners, and (3) by adding at the end the following para- tract, or interagency agreement, out of funds other interested parties. graph: otherwise appropriated to the Secretary, a ‘‘(6)(A) An advance directive validly exe- clearinghouse and a 24-hour toll-free tele- SEC. 4. IMPROVEMENT OF POLICIES RELATED TO THE USE OF ADVANCE DIRECTIVES. cuted outside of the State in which such ad- phone hotline in order to provide consumer (a) MEDICARE.—Section 1866(f) of the Social vance directive is presented by an adult indi- information about advance directives (as de- Security Act (42 U.S.C. 1395cc(f)) is amend- vidual to a provider or organization shall be fined in section 1866(f)(3) of the Social Secu- ed— given the same effect by that provider or or- rity Act (42 U.S.C. 1395cc(f)(3)), as amended (1) in paragraph (1)— ganization as an advance directive validly by section 4(a)), end-of-life decisionmaking, (A) in subparagraph (B), by inserting ‘‘and executed under the law of the State in which and available end-of-life and hospice care if presented by the individual, to include the it is presented would be given effect. services. In carrying out the preceding sen- content of such advance directive in a promi- ‘‘(B)(i) The definition of an advanced direc- tence, the Administrator may designate an nent part of such record’’ before the semi- tive shall also include actual knowledge of existing clearinghouse and 24-hour toll-free colon at the end; instructions made while an individual was telephone hotline or, if no such entity is ap- (B) in subparagraph (D), by striking ‘‘and’’ able to express the wishes of such individual propriate, may establish a new clearinghouse after the semicolon at the end; with regard to health care. and a 24-hour toll-free telephone hotline. (C) in subparagraph (E), by striking the pe- ‘‘(ii) For purposes of clause (i), the term SEC. 6. DEMONSTRATION PROJECT FOR INNOVA- riod at the end and inserting ‘‘; and’’; and ‘actual knowledge’ means the possession of TIVE AND NEW APPROACHES TO (D) by inserting after subparagraph (E) the information of an individual’s wishes com- END-OF-LIFE CARE FOR MEDICARE, following new subparagraph: municated to the health care provider orally MEDICAID, AND SCHIP BENE- ‘‘(F) to provide each individual with the or in writing by the individual, the individ- FICIARIES. (a) ESTABLISHMENT.— opportunity to discuss issues relating to the ual’s medical power of attorney representa- (1) IN GENERAL.—The Secretary, acting information provided to that individual pur- tive, the individual’s health care surrogate, through the Administrator of the Centers for suant to subparagraph (A) with an appro- or other individuals resulting in the health Medicare & Medicaid Services, shall conduct priately trained professional.’’; care provider’s personal cognizance of these a demonstration project under which the (2) in paragraph (3), by striking ‘‘a writ- wishes. Other forms of imputed knowledge Secretary contracts with entities operating ten’’ and inserting ‘‘an’’; and are not actual knowledge. programs in order to develop new and inno- (3) by adding at the end the following new ‘‘(C) The provisions of this paragraph shall vative approaches to providing end-of-life paragraph: preempt any State law to the extent such ‘‘(5)(A) An advance directive validly exe- law is inconsistent with such provisions. The care to Medicare beneficiaries, Medicaid cuted outside of the State in which such ad- provisions of this paragraph shall not pre- beneficiaries, and SCHIP beneficiaries. vance directive is presented by an adult indi- empt any State law that provides for greater (2) APPLICATION.—Any entity seeking to vidual to a provider of services, a Medicare portability, more deference to a patient’s participate in the demonstration project Advantage organization, or a prepaid or eli- wishes, or more latitude in determining a pa- shall submit to the Secretary an application gible organization shall be given the same ef- tient’s wishes.’’. in such form and manner as the Secretary fect by that provider or organization as an (c) STUDY AND REPORT REGARDING IMPLE- may require. advance directive validly executed under the MENTATION.— (3) DURATION.—The authority of the Sec- law of the State in which it is presented (1) STUDY.—The Secretary of Health and retary to conduct the demonstration project would be given effect. Human Services shall conduct a study re- shall terminate at the end of the 5-year pe- ‘‘(B)(i) The definition of an advanced direc- garding the implementation of the amend- riod beginning on the date the Secretary im- tive shall also include actual knowledge of ments made by subsections (a) and (b). plements the demonstration project.

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(b) SELECTION CRITERIA.— cedures that result in improved patient out- (2) REPORT BY END-OF-LIFE CARE ADVISORY (1) IN GENERAL.—Subject to paragraphs (2) comes, resource utilization, or both. BOARD ON DEMONSTRATION PROJECT.— and (3), in selecting entities to participate in (v) An analysis of— (A) IN GENERAL.—Not later than 2 years the demonstration project, the Secretary (I) the population served by the program after the conclusion of the demonstration shall select entities that will allow for pro- being evaluated; and project, the End-of-Life Advisory Board shall grams to be conducted in a variety of States, (II) how accurately that population re- submit a report to the Secretary and Con- in an array of care settings, and that re- flects the total number of Medicare bene- gress on such project. flect— ficiaries, Medicaid beneficiaries, and SCHIP (B) CONTENTS.—The report submitted (A) a balance between urban and rural set- beneficiaries residing in the area who are in under subparagraph (A) shall contain— tings; need of services offered by such program. (i) an evaluation of the effectiveness of the (B) cultural diversity; and (vi) An analysis of the eligibility require- demonstration project; and (C) various modes of medical care and in- ments and enrollment procedures for the (ii) recommendations for such legislation surance, such as fee-for-service, preferred program being evaluated. and administrative actions as the Board con- provider organizations, health maintenance (vii) An analysis of the services provided to siders appropriate. organizations, hospice care, home care serv- beneficiaries enrolled in the program being (f) FUNDING.—There are appropriated such ices, long-term care, pediatric care, and inte- evaluated and the utilization rates for such sums as are necessary for conducting the grated delivery systems. services. demonstration project and for preparing and (2) PREFERENCES.—The Secretary shall give (viii) An analysis of the structure for the submitting the reports required under sub- preference to entities operating programs provision of specific services under the pro- section (e)(1). (g) DEFINITIONS.—In this section: that— gram being evaluated. (1) DEMONSTRATION PROJECT.—The term (A) will serve Medicare beneficiaries, Med- (ix) An analysis of the costs of providing ‘‘demonstration project’’ means the dem- icaid beneficiaries, or SCHIP beneficiaries specific services under the program being onstration project conducted under this sec- who are dying of illnesses that are most evaluated. tion. prevalent under the Medicare program, the (x) An analysis of any procedures for offer- (2) MEDICAID BENEFICIARIES.—The term Medicaid program, or SCHIP, respectively; ing Medicare beneficiaries, Medicaid bene- ‘‘Medicaid beneficiaries’’ means individuals and ficiaries, and SCHIP beneficiaries enrolled in who are enrolled in the State Medicaid pro- (B) appear capable of sustained service and the program being evaluated a choice of gram. broad replication at a reasonable cost within services and how the program responds to (3) MEDICAID PROGRAM.—The term ‘‘Med- commonly available organizational struc- the preferences of such beneficiaries. icaid program’’ means the health care pro- tures. (xi) An analysis of the quality of care pro- gram under title XIX of the Social Security (3) SELECTION OF PROGRAM THAT PROVIDES vided to, and of the outcomes for, Medicare Act (42 U.S.C. 1395 et seq.). PEDIATRIC END-OF-LIFE CARE.—The Secretary beneficiaries, Medicaid beneficiaries, and (4) MEDICARE BENEFICIARIES.—The term shall ensure that at least 1 of the entities se- SCHIP beneficiaries, and the families of such ‘‘Medicare beneficiaries’’ means individuals lected to participate in the demonstration beneficiaries, that are enrolled in the pro- who are entitled to, or enrolled for, benefits project operates a program that provides pe- gram being evaluated. diatric end-of-life care. under part A or enrolled for benefits under (xii) An analysis of any ethical, cultural, (c) EVALUATION OF PROGRAMS.— part B of the Medicare program. or legal concerns— (1) IN GENERAL.—Each program operated by (5) MEDICARE PROGRAM.—The term ‘‘Medi- (I) regarding the program being evaluated; an entity under the demonstration project care program’’ means the health care pro- and shall be evaluated at such regular intervals gram under title XVIII of the Social Secu- (II) with the replication of such program in as the Secretary determines are appropriate. rity Act (42 U.S.C. 1395 et seq.). other settings. (2) USE OF PRIVATE ENTITIES TO CONDUCT (6) SCHIP.—The term ‘‘SCHIP’’ means the (xiii) An analysis of any changes to regula- EVALUATIONS.—The Secretary, in consulta- State children’s health insurance program tions or of any additional funding that would tion with the End-of-Life Care Advisory under title XXI of the Social Security Act result in more efficient procedures or im- Board (established under section 7), shall (42 U.S.C. 1397aa et seq.). proved outcomes under the program being contract with 1 or more private entities to (7) SCHIP BENEFICIARY.—The term ‘‘SCHIP evaluated. coordinate and conduct the evaluations beneficiary’’ means an individual who is en- under paragraph (1). Such a contract may (d) WAIVER AUTHORITY.—The Secretary rolled in SCHIP. may waive compliance with any of the re- not be awarded to an entity selected to par- (8) SECRETARY.—The term ‘‘Secretary’’ ticipate in the demonstration project. quirements of titles XI, XVIII, XIX, and XXI means the Secretary of Health and Human (3) REQUIREMENTS FOR EVALUATIONS.— of the Social Security Act (42 U.S.C. 1301 et Services. seq.; 1395 et seq.; 1396 et seq.; 1397aa et seq.) (A) USE OF OUTCOME MEASURES AND STAND- SEC. 7. ESTABLISHMENT OF END-OF-LIFE CARE ARDS.—In coordinating and conducting an which, if applied, would prevent the dem- ADVISORY BOARD. evaluation of a program conducted under the onstration project carried out under this sec- (a) ESTABLISHMENT.—There is established demonstration project, an entity shall use tion from effectively achieving the purpose within the Department of Health and Human the outcome standards and measures re- of such project. Services an End-of-Life Care Advisory Board quired to be developed under section 2 as (e) REPORTS TO CONGRESS.— (in this section referred to as the ‘‘Board’’). soon as those standards and measures are (1) ANNUAL REPORTS BY SECRETARY.— (b) STRUCTURE AND MEMBERSHIP.— available. (A) IN GENERAL.—Beginning 1 year after (1) IN GENERAL.—The Board shall be com- (B) ELEMENTS OF EVALUATION.—In addition the date of enactment of this Act, and annu- posed of 15 members who shall be appointed to the use of the outcome standards and ally thereafter, the Secretary shall submit by the Secretary of Health and Human Serv- measures under subparagraph (A), an evalua- to Congress a report on the demonstration ices (in this section referred to as the ‘‘Sec- tion of a program conducted under the dem- project and on the quality of end-of-life care retary’’). onstration project shall include the fol- under the Medicare program, the Medicaid (2) REQUIRED REPRESENTATION.—The Sec- lowing: program, and SCHIP, together with rec- retary shall ensure that the following (i) A comparison of the quality of care pro- ommendations for such legislation and ad- groups, organizations, and associations are vided by, and of the outcomes for Medicare ministrative actions as the Secretary con- represented in the membership of the Board: beneficiaries, Medicaid beneficiaries, and siders appropriate. (A) An end-of-life consumer advocacy orga- SCHIP beneficiaries, and the families of such (B) SUMMARY OF RECENT STUDIES.—A report nization. beneficiaries enrolled in, the program being submitted under subparagraph (A) shall in- (B) A senior citizen advocacy organization. evaluated to the quality of care and out- clude a summary of any recent studies and (C) A physician-based hospice or palliative comes for such individuals that would have advice from experts in the health care field care organization. resulted if care had been provided under ex- regarding the ethical, cultural, and legal (D) A nurse-based hospice or palliative care isting delivery systems. issues that may arise when attempting to organization. (ii) An analysis of how ongoing measures of improve the health care system to meet the (E) A hospice or palliative care provider quality and accountability for improvement needs of individuals with serious and eventu- organization. and excellence could be incorporated into ally terminal conditions. (F) A hospice or palliative care representa- the program being evaluated. (C) CONTINUATION OR REPLICATION OF DEM- tive that serves the veterans population. (iii) A comparison of the costs of the care ONSTRATION PROJECTS.—The first report sub- (G) A physician-based medical association. provided to Medicare beneficiaries, Medicaid mitted under subparagraph (A) after the 3- (H) A physician-based pediatric medical as- beneficiaries, and SCHIP beneficiaries under year anniversary of the date the Secretary sociation. the program being evaluated to the costs of implements the demonstration project shall (I) A home health-based nurses association. such care that would have been incurred include recommendations regarding whether (J) A hospital-based or health system- under the Medicare program, the Medicaid such demonstration project should be contin- based palliative care group. program, and SCHIP if such program had not ued beyond the period described in sub- (K) A children-based or family-based hos- been conducted. section (a)(3) and whether broad replication pice resource group. (iv) An analysis of whether the program of any of the programs conducted under the (L) A cancer pain management resource being evaluated implements practices or pro- demonstration project should be initiated. group.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1445 (M) A cancer research and policy advocacy ular compensation), and such detail shall be (A) in paragraph (1), by striking ‘‘para- group. without interruption or loss of civil service graph (2),’’ and inserting ‘‘paragraph (2) and (N) An end-of-life care policy advocacy status or privilege. an end-of-life planning consultation (as de- group. (h) PROCUREMENT OF TEMPORARY AND fined in paragraph (3)),’’; and (O) An interdisciplinary end-of-life care INTERMITTENT SERVICES.—The chairperson of (B) by adding at the end the following new academic institution. the Board may procure temporary and inter- paragraph: (3) ETHNIC DIVERSITY REQUIREMENT.—The mittent services under section 3109(b) of title ‘‘(3) For purposes of paragraph (1), the Secretary shall ensure that the members of 5, United States Code, at rates for individ- term ‘end-of-life planning consultation’ the Board appointed under paragraph (1) rep- uals which do not exceed the daily equiva- means a consultation between the physician resent the ethnic diversity of the United lent of the annual rate of basic pay pre- and an individual regarding— States. scribed for level V of the Executive Schedule ‘‘(A) the importance of preparing advance (4) PROHIBITION.—No individual who is a under section 5316 of such title. directives in case an injury or illness causes Federal officer or employee may serve as a (i) FEDERAL ADVISORY COMMITTEE ACT.— the individual to be unable to make health member of the Board. Section 14 of the Federal Advisory Com- care decisions; (5) TERMS OF APPOINTMENT.—Each member mittee Act (5 U.S.C. App.) shall not apply to ‘‘(B) the situations in which an advance di- of the Board shall serve for a term deter- the Board. rective is likely to be relied upon; mined appropriate by the Secretary. (j) TERMINATION.—The Board shall termi- ‘‘(C) the reasons that the development of a (6) CHAIRPERSON.—The Secretary shall des- nate 90 days after the date on which the comprehensive end-of-life plan is beneficial ignate a member of the Board as chair- Board submits the report under section and the reasons that such a plan should be person. 6(e)(2). updated periodically as the health of the in- (c) MEETINGS.—The Board shall meet at the (k) FUNDING.—Funding for the operation of dividual changes; call of the chairperson but not less often the Board shall be from amounts otherwise ‘‘(D) the identification of resources that an than every 3 months. appropriated to the Department of Health individual may use to determine the require- (d) DUTIES.— and Human Services. ments of the State in which such individual (1) IN GENERAL.—The Board shall advise the S. 465 resides so that the treatment wishes of that Secretary on all matters related to the fur- individual will be carried out if the indi- Be it enacted by the Senate and House of Rep- nishing of end-of-life care to individuals. vidual is unable to communicate those wish- resentatives of the United States of America in (2) SPECIFIC DUTIES.—The specific duties of es, including requirements regarding the des- Congress assembled, the Board are as follows: ignation of a surrogate decision maker SECTION 1. SHORT TITLE. (A) CONSULTING.—The Board shall consult (health care proxy); and with the Secretary regarding— This Act may be cited as the ‘‘Advance Di- ‘‘(E) whether or not the physician is will- (i) the development of the outcome stand- rectives Improvement and Education Act of ing to follow the individual’s wishes as ex- ards and measures under section 2; 2007’’. pressed in an advance directive.’’. (ii) conducting the study and submitting SEC. 2. ADVANCE DIRECTIVES. (2) EFFECTIVE DATE.—The amendments the report under section 3; and (a) FINDINGS.—Congress makes the fol- made by paragraph (1) shall apply to initial (iii) the selection of private entities to lowing findings: preventive physical examinations provided conduct evaluations pursuant to section (1) Every year 2,500,000 people die in the on or after January 1, 2008. 6(c)(2). United States. Eighty percent of those peo- (d) IMPROVEMENT OF POLICIES RELATED TO (B) REPORT ON DEMONSTRATION PROJECT.— ple die in institutions such as hospitals, THE USE AND PORTABILITY OF ADVANCE DIREC- The Board shall submit the report required nursing homes, and other facilities. Chronic TIVES.— under section 6(e)(2). illnesses, such as cancer and heart disease, (1) MEDICARE.—Section 1866(f) of the Social (e) MEMBERS TO SERVE WITHOUT COMPENSA- account for 2 out of every 3 deaths. Security Act (42 U.S.C. 1395cc(f)) is amend- TION.— (2) In 1997, the Supreme Court of the ed— (1) IN GENERAL.—All members of the Board United States, in its decisions in Washington (A) in paragraph (1)— shall serve on the Board without compensa- v. Glucksberg and Vacco v. Quill, reaffirmed (i) in subparagraph (B), by inserting ‘‘and tion for such service. the constitutional right of competent adults if presented by the individual (or on behalf of (2) TRAVEL EXPENSES.—The members of the to refuse unwanted medical treatment. In the individual), to include the content of Board shall be allowed travel expenses, in- those cases, the Court stressed the use of ad- such advance directive in a prominent part cluding per diem in lieu of subsistence, at vance directives as a means of safeguarding of such record’’ before the semicolon at the rates authorized for employees of agencies that right should those adults become in- end; under subchapter I of chapter 57 of title 5, capable of deciding for themselves. (ii) in subparagraph (D), by striking ‘‘and’’ United States Code, while away from their (3) A survey published in 2005 estimated after the semicolon at the end; homes or regular places of business in the that the overall prevalence of advance direc- (iii) in subparagraph (E), by striking the performance of services for the Board. tives is 29 percent of the general population, period at the end and inserting ‘‘; and’’; and (f) STAFF.— despite the passage of the Patient Self-De- (iv) by inserting after subparagraph (E) the (1) IN GENERAL.—The chairperson of the termination Act in 1990, which requires that following new subparagraph: Board may, without regard to the civil serv- health care providers tell patients about ad- ‘‘(F) to provide each individual with the ice laws and regulations, appoint and termi- vance directives. opportunity to discuss issues relating to the nate an executive director and such other ad- (4) Competent adults should complete ad- information provided to that individual pur- ditional personnel as may be necessary to vance care plans stipulating their health suant to subparagraph (A) with an appro- enable the Board to perform its duties. The care decisions in the event that they become priately trained professional.’’; employment of an executive director shall be unable to speak for themselves. Through the (B) in paragraph (3), by striking ‘‘a writ- subject to confirmation by the Board. execution of advance directives, including ten’’ and inserting ‘‘an’’; and (C) by adding at the end the following new (2) COMPENSATION.—The chairperson of the living wills and durable powers of attorney Board may fix the compensation of the exec- for health care according to the laws of the paragraph: ‘‘(5)(A) In addition to the requirements of utive director and other personnel without State in which they reside, individuals can paragraph (1), a provider of services, Medi- protect their right to express their wishes regard to chapter 51 and subchapter III of care Advantage organization, or prepaid or and have them respected. chapter 53 of title 5, United States Code, re- eligible organization (as the case may be) (b) PURPOSES.—The purposes of this section lating to classification of positions and Gen- shall give effect to an advance directive exe- are to improve access to information about eral Schedule pay rates, except that the rate cuted outside the State in which such direc- individuals’ health care options and legal of pay for the executive director and other tive is presented, even one that does not ap- personnel may not exceed the rate payable rights for care near the end of life, to pro- pear to meet the formalities of execution, for level V of the Executive Schedule under mote advance care planning and decision- form, or language required by the State in section 5316 of such title. making so that individuals’ wishes are which it is presented to the same extent as (3) PERSONNEL AS FEDERAL EMPLOYEES.— known should they become unable to speak such provider or organization would give ef- (A) IN GENERAL.—The executive director for themselves, to engage health care pro- fect to an advance directive that meets such and any personnel of the Board who are em- viders in disseminating information about requirements, except that a provider or orga- ployees shall be employees under section 2105 and assisting in the preparation of advance nization may decline to honor such a direc- of title 5, United States Code, for purposes of directives, which include living wills and du- tive if the provider or organization can rea- chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that rable powers of attorney for health care, and sonably demonstrate that it is not an au- title. for other purposes. thentic expression of the individual’s wishes (B) MEMBERS OF BOARD.—Subparagraph (A) (c) MEDICARE COVERAGE OF END-OF-LIFE concerning his or her health care. Nothing in shall not be construed to apply to members PLANNING AND CONSULTATIONS AS PART OF this paragraph shall be construed to author- of the Board. INITIAL PREVENTIVE PHYSICAL EXAMINA- ize the administration of medical treatment (g) DETAIL OF GOVERNMENT EMPLOYEES.— TION.— otherwise prohibited by the laws of the State Any Federal Government employee may be (1) IN GENERAL.—Section 1861(ww) of the in which the directive is presented. detailed to the Board without additional re- Social Security Act (42 U.S.C. 1395x(ww)) is ‘‘(B) The provisions of this paragraph shall imbursement (other than the employee’s reg- amended— preempt any State law to the extent such

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1446 CONGRESSIONAL RECORD — SENATE January 31, 2007 law is inconsistent with such provisions. The failure to meet these additional require- amendments made by this section shall take provisions of this paragraph shall not pre- ments before the first day of the first cal- effect on the date of enactment of this Act. empt any State law that provides for greater endar quarter beginning after the close of Mr. NELSON of Florida. Mr. Presi- portability, more deference to a patient’s the first regular session of the State legisla- dent, I am pleased to be joined by my wishes, or more latitude in determining a pa- ture that begins after the date of enactment colleagues and cosponsors Senators tient’s wishes.’’. of this Act. For purposes of the previous sen- (2) MEDICAID.—Section 1902(w) of the Social tence, in the case of a State that has a 2-year JAY ROCKEFELLER and RICHARD LUGAR Security Act (42 U.S.C. 1396a(w)) is amend- legislative session, each year of the session as we introduce the Advance Directives ed— is considered to be a separate regular session Improvement and Education Act of (A) in paragraph (1)— of the State legislature. 2007. (i) in subparagraph (B)— (e) INCREASING AWARENESS OF THE IMPOR- The Advance Directives Improve- (I) by striking ‘‘in the individual’s medical TANCE OF END-OF-LIFE PLANNING.—Title III ment and Education Act of 2007 has a record’’ and inserting ‘‘in a prominent part of the Public Health Service Act (42 U.S.C. simple purpose: to encourage all adults of the individual’s current medical record’’; 241 et seq.) is amended by adding at the end in America, especially those 65 and and the following new part: (II) by inserting ‘‘and if presented by the older, to think about, talk about and ‘‘PART R—PROGRAMS TO INCREASE write down their wishes for medical individual (or on behalf of the individual), to AWARENESS OF ADVANCE DIRECTIVE include the content of such advance direc- PLANNING ISSUES care near the end of life should they be- tive in a prominent part of such record’’ be- come unable to make decisions for fore the semicolon at the end; ‘‘SEC. 399Z–1. ADVANCE DIRECTIVE EDUCATION CAMPAIGNS AND INFORMATION themselves. Advance directives, which (ii) in subparagraph (D), by striking ‘‘and’’ CLEARINGHOUSES. include a living will stating the indi- after the semicolon at the end; ‘‘(a) ADVANCE DIRECTIVE EDUCATION CAM- vidual’s preferences for care, and a (iii) in subparagraph (E), by striking the PAIGN.—The Secretary shall, directly or period at the end and inserting ‘‘; and’’; and power of attorney for health care, are through grants awarded under subsection (c), critical documents that each of us (iv) by inserting after subparagraph (E) the conduct a national public education cam- following new subparagraph: should have. The goal is clear, but paign— reaching it requires that we educate ‘‘(F) to provide each individual with the ‘‘(1) to raise public awareness of the impor- opportunity to discuss issues relating to the tance of planning for care near the end of the public about the importance of ad- information provided to that individual pur- life; vance directives, offer opportunities suant to subparagraph (A) with an appro- ‘‘(2) to improve the public’s understanding for discussion of the issues, and rein- priately trained professional.’’; of the various situations in which individ- force the requirement that health care (B) in paragraph (4), by striking ‘‘a writ- uals may find themselves if they become un- providers honor patients’ wishes. This ten’’ and inserting ‘‘an’’; and able to express their health care wishes; (C) by adding at the end the following bill is designed to do just that. ‘‘(3) to explain the need for readily avail- The Advance Directives Improve- paragraph: able legal documents that express an individ- ‘‘(6)(A) In addition to the requirements of ment and Education Act of 2007 would ual’s wishes, through advance directives (in- paragraph (1), a provider or organization (as encourage new Medicare beneficiaries the case may be) shall give effect to an ad- cluding living wills, comfort care orders, and durable powers of attorney for health care); to prepare advance directives by in- vance directive executed outside the State in cluding a physician consultation on ad- which such directive is presented, even one and that does not appear to meet the formalities ‘‘(4) to educate the public about the avail- vance directives in each ‘‘Welcome to of execution, form, or language required by ability of hospice care and palliative care. Medicare’’ physical exam. This initial the State in which it is presented to the ‘‘(b) INFORMATION CLEARINGHOUSE.—The consultation would cover the impor- same extent as such provider or organization Secretary, directly or through grants award- tance of preparing advance directives, would give effect to an advance directive ed under subsection (c), shall provide for the when these documents are most likely that meets such requirements, except that a establishment of a national, toll-free, infor- mation clearinghouse as well as clearing- to be used, and where to find additional provider or organization may decline to resources and information. The con- honor such a directive if the provider or or- houses that the public may access to find out ganization can reasonably demonstrate that about State-specific information regarding versation will also enable physicians to it is not an authentic expression of the indi- advance directive and end-of-life decisions. learn about their patients’ wishes, vidual’s wishes concerning his or her health ‘‘(c) GRANTS.— fears, religious beliefs, and life experi- care. Nothing in this paragraph shall be con- ‘‘(1) IN GENERAL.—The Secretary shall use ences that might influence their med- strued to authorize the administration of at least 60 percent of the funds appropriated ical care wishes. These are important medical treatment otherwise prohibited by under subsection (d) for the purpose of aspects of a physician-patient relation- awarding grants to public or nonprofit pri- the laws of the State in which the directive ship that are too often unaddressed. is presented. vate entities (including States or political ‘‘(B) The provisions of this paragraph shall subdivisions of a State), or a consortium of Another part of our bill would pro- preempt any State law to the extent such any of such entities, for the purpose of con- vide funds for the Department of law is inconsistent with such provisions. The ducting education campaigns under sub- Health and Human Services, HHS, to provisions of this paragraph shall not pre- section (a) and establishing information conduct a public education campaign empt any State law that provides for greater clearinghouses under subsection (b). to raise awareness of the importance of portability, more deference to a patient’s ‘‘(2) PERIOD.—Any grant awarded under planning for care near the end of life. wishes, or more latitude in determining a pa- paragraph (1) shall be for a period of 3 years. This campaign would explain what ad- tient’s wishes.’’. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— vance directives are, where they are (3) EFFECTIVE DATES.— There are authorized to be appropriated to (A) IN GENERAL.—Subject to subparagraph carry out this section $25,000,000.’’. available, what questions need to be (B), the amendments made by paragraphs (1) (f) GAO STUDY AND REPORT ON ESTABLISH- asked and answered, and what to do and (2) shall apply to provider agreements MENT OF NATIONAL ADVANCE DIRECTIVE REG- with the executed documents. HHS, di- and contracts entered into, renewed, or ex- ISTRY.— rectly or through grants, would also es- tended under title XVIII of the Social Secu- (1) STUDY.—The Comptroller General of the tablish an information clearinghouse rity Act (42 U.S.C. 1395 et seq.), and to State United States shall conduct a study on the where consumers could receive State- plans under title XIX of such Act (42 U.S.C. feasibility of a national registry for advance specific information and consumer- 1396 et seq.), on or after such date as the Sec- directives, taking into consideration the friendly documents and publications. retary of Health and Human Services speci- constraints created by the privacy provisions fies, but in no case may such date be later enacted as a result of the Health Insurance The bill also contains language that than 1 year after the date of enactment of Portability and Accountability Act of 1996 would make all advance directives this Act. (Public Law 104–191). ‘‘portable,’’ that is, useful from one (B) EXTENSION OF EFFECTIVE DATE FOR (2) REPORT.—Not later than 18 months State to another. If an out-of-State di- STATE LAW AMENDMENT.—In the case of a after the date of enactment of this Act, the rective is presented, it will be pre- State plan under title XIX of the Social Se- Comptroller General of the United States sumed valid unless the health care pro- curity Act (42 U.S.C. 1396 et seq.) which the shall submit to Congress a report on the vider can reasonably demonstrate that Secretary of Health and Human Services de- study conducted under paragraph (1) to- it is not an authentic expression of the termines requires State legislation in order gether with recommendations for such legis- for the plan to meet the additional require- lation and administrative action as the individual’s wishes concerning his or ments imposed by the amendments made by Comptroller General of the United States de- her health care. paragraph (2), the State plan shall not be re- termines to be appropriate. We all know about the tragic situa- garded as failing to comply with the require- (g) EFFECTIVE DATE.—Except as provided in tion that occurred in Florida with ments of such title solely on the basis of its subsections (c) and (d), this section and the Terri Schiavo and her family. She was

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1447 a young woman who was the subject of By Mr. DODD (for himself, Mr. (FDA) or the public about the results a debate about her treatment between GRASSLEY, Mr. WYDEN, Mr. of a 67,000 person study it conducted of her husband and her parents, a debate BINGAMAN, Mr. DURBIN, and Mr. an FDA-approved drug used commonly that was a court case and a legislative HARKIN): during heart surgery to reduce the quagmire. Most experts agree that if S. 467. A bill to amend the Public need for a transfusion. The study re- she had an advance directive that made Health Service Act to expand the clin- vealed the drug may increase patients’ her wishes clear and named a health ical trials drug data bank; to the Com- risk of death, serious kidney damage, care proxy, there would have been no mittee on Health, Education, Labor congestive heart failure, and stroke. question as to who could decide the and Pensions. Unfortunately, these are just a few course of her care. examples of stories that have become One of the great legacies of Terri By Mr. GRASSLEY (for himself, all too common. It has been suggested Schiavo’s life will be that she began a Mr. DODD, Ms. MIKULSKI, and that negative data might actually have national dialogue about end-of-life care Mr. BINGAMAN): been suppressed; and if this is discov- and got people discussing living wills. S. 468. A bill to amend the Federal ered to be the case, those responsible Regardless of our views on the ethical, Food, Drug, and Cosmetic Act with re- should be dealt with harshly. However, legal and constitutional issues sur- spect to drug safety, and for other pur- because of what is known as ‘‘publica- rounding her case, we all can agree poses; to the Committee on Health, tion bias,’’ the information available to that more people now than ever know Education, Labor, and Pensions. the public and physicians can be mis- the importance of having end-of-life Mr. DODD. Mr. President, I rise leading even without nefarious mo- discussions with their family, doctor, today to introduce the Fair Access to tives. The simple fact is that studies clergy or attorney. This bill would Clinical Trials (FACT) Act. I want to with a positive result are far more like- build upon this national dialogue and begin by thanking Senators GRASSLEY, ly to be published, and thus publicly encourage more Americans to learn WYDEN, BINGAMAN, DURBIN, and HARKIN available, than a study with a negative about and fill out advance directives. for joining me in introducing this leg- result. Physicians and patients hear This body is a legislative institution, islation. I also would like to recognize the good news. Rarely do they hear the not a medical one. We cannot legislate the leadership of Senator JOHNSON who bad news. In the end, the imbalance of good medical care or compassion. What was involved in the crafting of this leg- available information hurts patients. we can do, what I hope we will do, is to islation from the beginning and who Our bill would correct this imbalance enact this bill so that the American has been a long-standing supporter of in information, and prevent manufac- public can participate in improving the FACT Act. turers from suppressing negative data. end-of-life care. If we can do that, we Our bill will create an electronic It would do so by creating a two-part will have done a great deal. databank for clinical trials of drugs, bi- databank, consisting of an expansion of S. 466 ological products, and medical devices. clinicaltrials.gov—an existing registry Such a databank will ensure that phy- Be it enacted by the Senate and House of Rep- that is operated by the National Li- resentatives of the United States of America in sicians, researchers, the general public, brary of Medicine (NLM)—and a new Congress assembled, and patients seeking to enroll in clin- database for clinical trial results. SECTION 1. SHORT TITLE. ical trials have access to basic infor- Under the FACT Act, the registry This Act may be cited as the ‘‘Medicare mation about those trials. It will re- would continue to operate as a re- End-of-Life Care Planning Act of 2007’’. quire manufacturers and other re- source for patients seeking to enroll in SEC. 2. MEDICARE COVERAGE OF AN END-OF- searchers to reveal the results of clin- clinical trials for drugs and biological LIFE PLANNING CONSULTATION AS ical trials so that clinically important products intended to treat serious or PART OF AN INITIAL PREVENTIVE information will be available to all PHYSICAL EXAMINATION. life-threatening conditions—and for (a) IN GENERAL.—Section 1861(ww) of the Americans, and physicians will have all the first time, it would also include Social Security Act (42 U.S.C. 1395x(ww)) is the information necessary to make ap- medical device trials. The new results amended— propriate treatment decisions for their database would include all trials (ex- (1) in paragraph (1), by striking ‘‘paragraph patients. cept for preliminary safety trials), and (2),’’ and inserting ‘‘paragraph (2) and an Events of the past few years have would require the submission of clin- end-of-life planning consultation (as defined made it clear that such a databank is ical trial results data. in paragraph (3)),’’; and needed. For example, serious questions Our legislation would enforce the re- (2) by adding at the end the following new were raised about the effectiveness and paragraph: quirement to submit information to ‘‘(3) For purposes of paragraph (1), the safety of antidepressants when used in the databank in two ways. First, by re- term ‘end-of-life planning consultation’ children and youth. It has now become quiring registration as a condition of means a consultation between the physician clear that the existing data indicates Institutional Review Board (IRB) ap- and an individual regarding— that these drugs may very well put proval, no trial could begin without ‘‘(A) the importance of preparing advance children at risk. However, because the submitting preliminary information to directives in case an injury or illness causes data from antidepressant clinical trials the registry and database. This infor- the individual to be unable to make health was not publicly available, it took mation would include the purpose of care decisions; years for this risk to be realized. In the ‘‘(B) the situations in which an advance di- the trial, the estimated date of trial rective is likely to be relied upon; meantime, millions of children have completion, as well as all of the infor- ‘‘(C) the reasons why the development of a been prescribed antidepressants by mation necessary to help patients to comprehensive end-of-life plan is beneficial well-meaning physicians. While these enroll in the trial. and the reasons why such a plan should be drugs undoubtedly helped many of Once the trial is completed, the re- updated periodically as the health of the in- these children, they also led to greater searcher or manufacturer is required to dividual changes; suffering for others. submit the results to the database. If ‘‘(D) the identification of resources that an The news is similarly disturbing for a they refuse to do so, they are subject individual may use to determine the require- popular class of painkillers known as to monetary penalties or, in the case of ments of the State in which such individual resides so that the treatment wishes of that Cox-2 inhibitors. These medicines, federally-funded research, a restriction individual will be carried out if the indi- taken by millions of Americans, have on future federal funding. It is my be- vidual is unable to communicate those wish- been associated with an increased risk lief that these enforcement mecha- es, including requirements regarding the des- of cardiovascular adverse events, such nisms will ensure broad compliance. ignation of a surrogate decision maker as heart attack and stroke. It has been However, in the rare case where a man- (health care proxy); and suggested that one of these medicines, ufacturer does not comply, this legisla- ‘‘(E) whether or not the physician is will- which has since been pulled from the tion also gives the FDA the authority ing to follow the individual’s wishes as ex- market, may have been responsible for to publicize the required information. pressed in an advance directive.’’. (b) EFFECTIVE DATE.—The amendments tens of thousands of deaths. Let me also say that any time you made by this section shall apply to initial Most recently, a drug manufacturer are collecting large amounts of data preventive physical examinations provided acknowledged that it did not inform and making it public, protecting pa- on or after January 1, 2008. the Food and Drug Administration tient privacy and confidentiality is

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1448 CONGRESSIONAL RECORD — SENATE January 31, 2007 paramount. Our legislation would in no being. This legislation aims to build when there are questions about the way threaten patient privacy. The sim- upon the successes of this industry, safety of a drug, and to act decisively ple fact is that under this bill, no indi- and help ensure that the positive to mitigate the risks when the evi- vidually-identifiable information changes to our health care system that dence shows that a drug presents a would be available to the public. prescription drugs have brought are safety issue. With these authorities, we I believe that the establishment of a not undermined by controversies such will never again have a situation where clinical trials databank is absolutely as the ones surrounding a critical labeling change takes 2 years necessary for the health and well-being antidepressants and Cox-2 inhibitors, to complete, as was the case with of the American public. But I would which are at least in part based on a Vioxx. When we are talking about also like to highlight two other bene- lack of public information. This bill drugs that are already on the market fits that such a databank will have. will help ensure that well-informed pa- and in widespread use, any delay can First, it has the potential to reduce tients will use new and innovative put millions of patients in harm’s way. health care costs. Studies have shown medicines. By creating CPER we hope to restore that publication bias also leads to a Creating a clinical trials databank is confidence in the medicines that so bias toward new and more expensive a critical step toward ensuring the many Americans rely on to safeguard treatment options. A databank could safety of drugs, biological products, their health and well-being. Patients help make it clear that in some cases and medical devices in this country— should have the peace of mind that the less expensive treatments are just as but it should not be the end of our ef- drugs they take to help them will not effective for patients. forts. However, other steps are nec- hurt them instead. We must restore In addition, a databank will ensure essary to fully restore patient con- public confidence in the words ‘‘FDA- that the sacrifice made by patients fidence in the safety of the medicines Approved.’’ Unfortunately, events of who enroll in clinical trials is not they rely on. the past few years have seriously tar- squandered. We owe it to patients to That is why today I am also intro- nished the FDA’s image and put mil- make sure that their participation in a ducing the Food and Drug Administra- lions of patients at undue risk. Recent trial will benefit other individuals suf- tion Safety Act (FDASA) with Senator developments have cast into doubt the RASSLEY. We are joined by Senators fering from the same illness or condi- G FDA’s ability to ensure that the drugs MIKULSKI and BINGAMAN in introducing that it approves are safe—especially tion by making the results of the trial this legislation and thank them for once they are on the market. These public, no matter the outcome of the their support for reforming our na- concerns are bad for patients, bad for trial. The problems associated with publi- tion’s system to ensure that FDA-ap- physicians, and bad for the pharma- cation bias have recently drawn more proved drugs being used by millions are ceutical industry. Like many Americans, I have been attention from the medical commu- safe and effective. Our legislation would enhance the deeply disturbed by the revelations of nity, and there is broad consensus that FDA’s drug-safety monitoring system the significant risk associated with a clinical trials registry is one of the by setting up an independent center widely-used medications to treat pain best ways to address the issue. Accord- within the FDA called the Center for and depression. These revelations raise ingly, the American Medical Associa- Postmarket Evaluation and Research legitimate questions about the safety tion (AMA) has recommended creating for Drugs and Biologics (CPER). This of drugs that have already been ap- such a databank. Additionally, the Center would be responsible for moni- proved. It would be one thing if these major medical journals have estab- toring the safety of drugs and biologics drugs were in a trial phase, but safety lished a policy that they will only pub- once they are on the market, in con- issues are being identified in drugs lish the results of trials that were reg- sultation with other existing Centers once they are on the market and in istered in a public database before the at the FDA, and would have the au- widespread use. Health risks signifi- trial began. Our legislation meets all of thority to take corrective action if a cant enough to remove drugs from the the minimum criteria for a trial reg- drug or biologic presents a risk to pa- market or significantly restrict their istry set out by the International Com- tients. Under the bill, the Center Direc- use are becoming clear only after mil- mittee of Medical Journal Editors. In tor is authorized to require manufac- lions of Americans have been exposed fact, our bill closely follows rec- turers to conduct post-market clinical to real or potential harm. ommendations issued by the Institute or observational studies if there are It has been estimated that more than of Medicine (IOM) in its recent report questions about the safety or efficacy 100,000 Americans might have been se- on drug safety. of a drug or biologic once it is already riously injured or killed by a popular To its credit, the pharmaceutical in- on the market. The Center Director pain medication, while millions of chil- dustry has also acknowledged the prob- can take corrective actions to include dren have been prescribed lem, and has created a database where labeling changes, restricted distribu- antidepressants that could put them at manufacturers can voluntarily submit tion, and other risk management tools risk. This recent spate of popular medi- clinical trials data. I applaud this step. if an unreasonable risk is found to cines being identified as unsafe under- However, if our objective is to provide exist. The bill also gives the Center Di- scores the need to take additional steps the public with a complete and con- rector the authority to review drug ad- to monitor and protect patient safety sistent supply of information, a vol- vertisements before they are dissemi- after a drug has been approved. Allow- untary database is unlikely to achieve nated, and to require certain disclo- ing the status quo on drug safety at the that goal. Some companies will provide sures about increased risk, and in ex- FDA is unacceptable. Real reform is information, but others may decide not treme cases, the authority to pull the needed now. to participate. We need a clinical trials product off the market. Our bill au- An internal study conducted by the framework that is not just fair to all thorizes $500 million over the next 5 Department of Health and Human companies, but provides patients with years to provide the new center with Services (HHS) Office of the Inspector the peace of mind that they will re- the resources necessary to carry out General in 2002 revealed that approxi- ceive complete information about the the critically important provisions of mately one-fifth of drug reviewers were medicines they rely on. this legislation. pressured to approve a drug despite The American drug industry is an ex- Under our legislation, the Director of concerns about safety, efficacy, or traordinary success story. As a result CPER will report directly to the FDA quality. In addition, more than one- of the innovations that this industry Commissioner. Our bill will ensure that third said they were ‘‘not at all’’ or has spawned, millions of lives have CPER consults with the other Centers only ‘‘somewhat’’ confident that final been improved and saved in our coun- at FDA as it conducts risk assess- decisions of the Center for Drug Eval- try and around the globe. Due to the ments, benefiting from their knowl- uation and Research (CDER) ade- importance of these medicines to our edge and expertise, but not being be- quately assessed safety. A more recent health and well-being, I have consist- holden to them if corrective action is survey of 997 FDA scientists conducted ently supported sound public policies needed. by the Union of Concerned Scientists to help the industry succeed in pro- These new authorities will allow the and the Public Employees for Environ- tecting the public’s health and well- FDA to act quickly to get answers mental Responsibility found that 420

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1449 FDA scientists reported that they stance use disorders. APA advocates for pa- (4) by striking paragraph (3) and inserting knew of cases in which HHS or FDA po- tient access to information and supports fur- the following: litical appointees inappropriately in- ther post-market research of medications to ‘‘(3) The data bank shall include the fol- jected themselves into FDA determina- ensure the safety of patients. APA member lowing: David Fassler, M.D. testified before the Sen- ‘‘(A)(i) A registry of clinical trials (in this tions or actions. ate Health, Education, Labor and Pensions I look forward to working with indus- subparagraph referred to as the ‘registry’) of Committee on March 1, 2005 and subsequent health-related interventions (whether feder- try, physicians, medical journals, pa- FDA Advisory Committee meetings. Dr. ally or privately funded). tient groups, and my colleagues—in- Fassler’s testimony focused on key rec- ‘‘(ii) The registry shall include information cluding the Chairman and Ranking ommendations to improve the FDA’s drug for all clinical trials conducted to test the Member of the Health, Education, approval process outlining: The importance safety or effectiveness (including compara- Labor, and Pensions Committee, Sen- of access to comprehensive clinical trial data tive effectiveness) of any drug, biological including negative trials and unpublished re- ator KENNEDY and Senator ENZI—to product, or device (including those drugs, bi- sults to be housed in a publicly accessible ological products, or devices approved or move this legislation forward. These registry; The need for ongoing post-mar- bills have already been endorsed by cleared by the Secretary) intended to treat keting surveillance with increased funding serious or life-threatening diseases and con- Consumers Union, the U.S. Public In- for follow up; and The necessity of a work- ditions, except those Phase I clinical trials terest Research Group (PIRG), the Na- force of researchers, including experts who conducted to test solely the safety of an un- tional Women’s Health Network, and can assist with the design, oversight, inter- approved drug or unlicensed biological prod- Public Citizen. I thank these organiza- pretation and reporting of clinical research. uct, or pilot or feasibility studies conducted tions for lending their expertise as we The APA thanks you again for your dedi- to confirm the design and operating speci- crafted these bills. I also want to rec- cation and commitment to enhance the na- fications of an unapproved or not yet cleared tion’s drug safety monitoring system. We medical device. For purposes of this section, ognize the New England Journal of look forward to working with you in ensur- Medicine and the American Psy- Phase I clinical trials are trials described in ing that clinical trial data is transparent section 313.12(a) of title 21, Code of Federal chiatric Association for their support and accountable in order for patients to Regulations (or any successor regulations). in the crafting of the FACT Act. make well informed decisions. As your staff ‘‘(iii) The registry may include informa- Clinical trials are critically impor- move forward with further action on legisla- tion for— tant to protecting the safety and tion, Lizbet Boroughs, Deputy Director, Gov- ‘‘(I) Phase I clinical trials conducted to health of the American public. For this ernment Relations for the APA or Chatrane test solely the safety of an unapproved drug reason, clinical trial results must not Birbal, Federal Legislative Coordinator may or unlicensed biological product, or pilot or be reached at [email protected] 703/489–5907 be treated as information that can be feasibility studies conducted to confirm the or [email protected] 703/907–8584 respectively. design and operating specifications of an un- hidden from scrutiny. Recent events Sincerely, have made it clear that a clinical trials approved or not yet cleared medical device James H. Scully, Jr., with the consent of the responsible person; databank is needed. Patients and phy- CEO and Medical Director. and sicians agree that such a databank is Mr. DODD. Mr. President, I ask unan- ‘‘(II) clinical trials of other health-related important to our public health. At the imous consent that the text of the bill interventions with the consent of the respon- same time, there have been disturbing be printed in the RECORD. sible person. reports that suggest the FDA does not S. 467 ‘‘(iv) The information to be included in the place enough emphasis on drug safety, registry under this subparagraph shall in- Be it enacted by the Senate and House of Rep- clude the following: and that concerns raised by those in resentatives of the United States of America in the Office of Surveillance and Epidemi- ‘‘(I) Descriptive information, including a Congress assembled, brief title, trial description in lay termi- ology (formerly the Office of Drug SECTION 1. SHORT TITLE. nology, trial phase, trial type, trial purpose, Safety) at CDER are sometimes ig- This Act may be cited as the ‘‘Fair Access description of the primary and secondary nored and even suppressed. Our legisla- to Clinical Trials Act of 2007’’ or the ‘‘FACT clinical outcome measures to be examined in tion will ensure that those who are re- Act’’. the trial, the time at which the outcome sponsible for monitoring the safety of SEC. 2. PURPOSE. measures will be assessed, and the dates and drugs already on the market at the It is the purpose of this Act— details of any revisions to such outcomes. FDA will have the independence, re- (1) to create a publicly accessible national ‘‘(II) Recruitment information, including data bank of clinical trial information com- sources, and authority to ensure medi- eligibility and exclusion criteria, a descrip- prised of a clinical trial registry and a clin- tion of whether, and through what proce- cines intended to help patients won’t ical trial results database; dure, the manufacturer or sponsor of the in- instead end up causing them harm. I (2) to foster transparency and account- vestigation of a new drug will respond to re- urge my colleagues to support these ability in health-related intervention re- quests for protocol exception, with appro- bills, and I am hopeful that they will search and development; priate safeguards, for single-patient and ex- become law as soon as possible. (3) to maintain a clinical trial registry ac- panded protocol use of the new drug, particu- I ask unanimous consent that a let- cessible to patients and health care practi- larly in children, a statement as to whether ter from the American Psychiatric As- tioners seeking information related to ongo- the trial is closed to enrollment of new pa- ing clinical trials for serious or life-threat- sociation supporting the FACT Act be tients, overall trial status, individual site ening diseases and conditions; and status, and estimated completion date. For printed in the RECORD. (4) to establish a clinical trials results purposes of this section the term ‘completion There being no objection, the mate- database of all publicly and privately funded date’ means the date of the last visit by sub- rial was ordered to be printed in the clinical trial results regardless of outcome, jects in the trial for the outcomes described RECORD, as follows: that is accessible to the scientific commu- in subclause (I). AMERICAN PSYCHIATRIC ASSOCIATION, nity, health care practitioners, and members ‘‘(III) Location and contact information, Arlington, VA, January 31, 2007. of the public. including the identity of the responsible per- Hon. CHRISTOPHER DODD, SEC. 3. CLINICAL TRIALS DATA BANK. son. U.S. Senate, (a) IN GENERAL.—Subsection (i) of section ‘‘(IV) Administrative data, including the Washington, DC. 402 of the Public Health Service Act (42 study sponsor and the study funding source. DEAR SENATOR DODD: The American Psy- U.S.C. 282), as amended by Public Law 109– ‘‘(V) Information pertaining to experi- chiatric Association (APA) would like to 482, is amended— mental treatments for serious or life-threat- commend and congratulate you on your ef- (1) in paragraph (1)(A), by striking ‘‘for ening diseases and conditions (whether feder- forts to strengthen and improve clinical trial drugs for serious or life-threatening diseases ally or privately funded) that may be avail- registries. The FACT Act’s goals of revamp- and conditions’’; able— ing the Food and Drug Administration’s (2) in paragraph (2), by striking ‘‘available ‘‘(aa) under a treatment investigational post-marketing surveillance by ensuring to individuals with serious’’ and all that fol- new drug application that has been sub- that access to clinical trials information is lows through the period and inserting ‘‘ac- mitted to the Secretary under section accessible and available to the scientific cessible to patients, other members of the 360bbb(c) of title 21, Code of Federal Regula- community and the general public is a goal public, health care practitioners, researchers tions; or shared by the APA. and the scientific community. In making in- ‘‘(bb) as a Group C cancer drug (as defined The APA is the national medical specialty formation about clinical trials publicly by the National Cancer Institute). society representing more than 37,000 psy- available, the Secretary shall seek to be as ‘‘(B)(i) A clinical trial results database (in chiatric physicians nationwide who spe- timely and transparent as possible.’’; this subparagraph referred to as the ‘data- cialize in the diagnosis and treatment of (3) by redesignating paragraphs (4) and (5), base’) of health-related interventions mental and emotional illnesses and sub- as paragraphs (8) and (9), respectively; (whether federally or privately funded).

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1450 CONGRESSIONAL RECORD — SENATE January 31, 2007 ‘‘(ii) The database shall include informa- appropriate, displayed prominently at the available to the public a copy of such con- tion for all clinical trials conducted to test beginning of the data in the registry with re- sultation in full. the safety or effectiveness (including com- spect to the trial, that the Food and Drug ‘‘(D) Nothing in this paragraph shall be parative effectiveness) of any drug, biologi- Administration— construed to alter or amend section 301(j) or cal product, or device (including those drugs, ‘‘(aa) is currently reviewing an application section 1905 of title 18, United States Code. biological products, or devices approved or for approval of such use to determine wheth- ‘‘(E) This paragraph shall supersede sec- cleared by the Secretary), except those er the use is safe and effective; tion 552 of title 5, United States Code. Phase I clinical trials conducted to test sole- ‘‘(bb) has disapproved an application for ‘‘(5) The information described in subpara- ly the safety of an unapproved drug or unli- approval of such use; graphs (A) and (B) of paragraph (3) shall be in a format that can be readily accessed and censed biological product, or pilot or feasi- ‘‘(cc) has reviewed an application for ap- understood by members of the general pub- bility studies conducted to confirm the de- proval of such use but the application was lic, including patients seeking to enroll as sign and operating specifications of an unap- withdrawn prior to approval or disapproval; proved or not yet cleared medical device. subjects in clinical trials. or ‘‘(6) The Secretary shall assign each clin- ‘‘(iii) The database may include informa- ‘‘(dd) has not reviewed or approved such ical trial a unique identifier to be included tion for— use as safe and effective. in the registry and in the database described ‘‘(I) Phase I clinical trials conducted to ‘‘(IX) If data from the trial has not been in subparagraphs (A) and (B) of paragraph test solely the safety of an unapproved drug submitted to the Food and Drug Administra- (3). To the extent practicable, this identifier or unlicensed biological product, or pilot or tion, an explanation of why it has not been shall be consistent with other internation- feasibility studies conducted to confirm the submitted. ally recognized and used identifiers. design and operating specifications of an un- ‘‘(X) A description of the protocol used in ‘‘(7) To the extent practicable, the Sec- approved or not yet cleared medical device such trial to the extent necessary to evalu- retary shall ensure that where the same in- with the consent of the responsible person; ate the results of such trial. formation is required for the registry and and ‘‘(4)(A)(i) Not later than 90 days after the the database described in subparagraphs (A) ‘‘(II) clinical trials of other health-related date of the completion of the review by the and (B) of paragraph (3), a process exists to interventions with the consent of the respon- Food and Drug Administration of informa- allow the responsible person to make only sible person. tion submitted by a sponsor in support of a one submission.’’; and ‘‘(iv) The information to be included in the new drug application, or a supplemental new (5) by adding at the end the following: database under this subparagraph shall in- drug application, whether or not approved by ‘‘(10) In this section, the term ‘clinical clude the following: the Food and Drug Administration, the Com- trial’ with respect to the registry and the ‘‘(I) Descriptive information, including— missioner of Food and Drugs shall make database described in subparagraphs (A) and ‘‘(aa) a brief title; available to the public the full reviews con- (B) of paragraph (3) means a research study ‘‘(bb) the drug, biological product or device ducted by the Administration of such appli- in human volunteers to answer specific to be tested; cation, including documentation of signifi- health questions, including treatment trials, ‘‘(cc) a trial description in lay termi- cant differences of opinion and the resolu- prevention trials, diagnostic trials, screen- nology; tion of those differences. ing trials, and quality of life trials.’’. ‘‘(dd) the trial phase; ‘‘(ii) When submitting information in sup- (b) ACTIONS OF SECRETARY REGARDING CLIN- ‘‘(ee) the trial type; port of a new drug application or a supple- ICAL TRIALS.—Section 402 of the Public ‘‘(ff) the trial purpose; mental new drug application, the sponsor Health Service Act (42 U.S.C. 282), as amend- ‘‘(gg) demographic data such as age, gen- shall certify, in writing, that the informa- ed by Public Law 109–482, is amended— der, or ethnicity of trial participants; tion submitted to the Food and Drug Admin- (1) by redesignating subsections (j) and (k) ‘‘(hh) the estimated completion date for istration complies with the requirements of as subsections (o) and (p), respectively; and the trial; and the Federal Food, Drug, and Cosmetic Act (2) by inserting after subsection (i), the fol- ‘‘(ii) the study sponsor and the study fund- and that such information presented is accu- lowing: ing source. rate. ‘‘(j) FEDERALLY SUPPORTED TRIALS.— ‘‘(II) A description of the primary and sec- ‘‘(iii) If the sponsor fails to provide certifi- ‘‘(1) ALL FEDERALLY SUPPORTED TRIALS.— ondary clinical outcome measures to be ex- cation as specified under clause (ii), the Sec- With respect to any clinical trial described amined in the trial, the time at which the retary shall transmit to the sponsor a notice in subsection (i)(3)(B) that is supported sole- outcome measures will be assessed, and the stating that such sponsor shall submit the ly by a grant, contract, or cooperative agree- dates and details of any revisions to such certification by the date determined by the ment awarded by the Secretary, the prin- outcomes. Secretary. If, by the date specified by the cipal investigator of such trial shall, not ‘‘(III) The actual completion date of the Secretary in the notice under this clause, later than the date specified in paragraph (2), trial and the reasons for any difference from the Secretary has not received the certifi- submit to the Secretary— such actual date and the estimated comple- cation, the Secretary, after providing the op- ‘‘(A) the information described in sub- tion date submitted pursuant to subclause portunity for a hearing, shall order such clauses (II) through (X) of subsection (I)(ii). If the trial is not completed, the ter- sponsor to pay a civil monetary penalty of (i)(3)(B)(iv), and with respect to clinical mination date and reasons for such termi- $10,000 for each day after such date that the trials in progress on the date of enactment of nation. certification is not submitted. the FACT Act, the information described in ‘‘(IV) A summary of the results of the trial ‘‘(iv) If the Secretary determines, after no- subclause (I) of subsection (i)(3)(B)(iv); or in a standard, non-promotional summary tice and opportunity for a hearing, that the ‘‘(B) a statement containing information format (such as ICHE3 template form), in- sponsor knew or should have known that the sufficient to demonstrate to the Secretary cluding the trial design and methodology, re- information submitted in support of a new that the information described in subpara- sults of the primary and secondary outcome drug application or a supplemental new drug graph (A) cannot reasonably be submitted, measures as described in subclause (II), sum- application was inaccurate, the Secretary along with an estimated date of submission mary data tables with respect to the primary shall order such sponsor to pay a civil mone- of the information described in such subpara- and secondary outcome measures, including tary penalty of not less than $100,000 but not graph. information on the statistical significance or to exceed $2,000,000 for any 30-day period. ‘‘(2) DATE SPECIFIED.—The date specified in lack thereof of such results. ‘‘(B)(i) The Secretary shall deposit the this paragraph shall be the date that is 1 ‘‘(V) Safety data concerning the trial (in- funds collected under subparagraph (A) into year from the earlier of— cluding a summary of all adverse events an account and use such funds, in consulta- ‘‘(A) the estimated completion date of the specifying the number and type of such tion with the Director of the Agency for trial, as submitted under subsection events, data on prespecified adverse events, Healthcare Research and Quality, to fund (i)(3)(B)(vi)(I)(ii); or data on serious adverse events, and data on studies that compare the clinical effective- ‘‘(B) the actual date of the completion or overall deaths). ness of 2 or more treatments for similar dis- termination of the trial. ‘‘(VI) Any publications in peer reviewed eases or conditions. ‘‘(3) CONDITION OF FEDERAL GRANTS, CON- journals relating to the trial. If the trial re- ‘‘(ii) The Secretary shall award funding TRACTS, AND COOPERATIVE AGREEMENTS.— sults are published in a peer reviewed jour- under clause (i) based on a priority list es- ‘‘(A) CERTIFICATION OF COMPLIANCE.—To be nal, the database shall include a citation to tablished not later than 6 months after the eligible to receive a grant, contract, or coop- and, when available, a link to the journal ar- date of enactment of the FACT Act by the erative agreement from the Secretary for ticle. Director of the Agency for Healthcare Re- the conduct or support of a clinical trial de- ‘‘(VII) A description of the process used to search and Quality and periodically updated scribed in subsection (i)(3)(B), the principal review the results of the trial, including a as determined appropriate by the Director. investigator involved shall certify to the statement about whether the results have ‘‘(C) Not later than 90 days after the date Secretary that— been peer reviewed by reviewers independent of the completion of a written consultation ‘‘(i) such investigator shall submit data to of the trial sponsor. on a drug concerning the drug’s safety con- the Secretary in accordance with this sub- ‘‘(VIII) If the trial addresses the safety, ef- ducted by the Office of Surveillance and Epi- section; and fectiveness, or benefit of a use not described demiology, regardless of whether initiated ‘‘(ii) such investigator has complied with in the approved labeling for the drug, bio- by such Office or outside of the Office, the the requirements of this subsection with re- logical product, or device, a statement, as Commissioner of Food and Drugs shall make spect to other clinical trials conducted by

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1451 such investigator after the date of enact- mits to the Secretary the information re- fied in paragraph (3), submit to the Sec- ment of the FACT Act. quired pursuant to such notice. retary— ‘‘(B) FAILURE TO SUBMIT CERTIFICATION.— ‘‘(G) RULE OF CONSTRUCTION.—For purposes ‘‘(A) the information described in sub- An investigator that fails to submit a certifi- of this paragraph, limitations on the award- clauses (II) through (X) of subsection cation as required under subparagraph (A) ing of grants, contracts, cooperative agree- (i)(3)(B)(iv), and with respect to clinical shall not be eligible to receive a grant, con- ments, or any other awards to principal in- trials in progress on the date of enactment of tract, or cooperative agreement from the vestigators for violations of this paragraph the FACT Act, the information described in Secretary for the conduct or support of a shall not be construed to include any funding subclause (I) of subsection (i)(3)(B)(iv); or clinical trial described in subsection that supports the clinical trial involved. ‘‘(B) a statement containing information (i)(3)(B). ‘‘(4) RULE OF CONSTRUCTION.—Nothing in sufficient to demonstrate to the Secretary ‘‘(C) FAILURE TO COMPLY WITH CERTIFI- this subsection shall be construed to prevent that the information described in subpara- CATION.—If, by the date specified in para- an investigator other than the investigator graph (A) cannot reasonably be submitted, graph (2), the Secretary has not received the described in paragraph (3)(F) from receiving along with an estimated date of submission information or statement described in para- an ongoing award, contract, or cooperative of the information described in such subpara- graph (1), the Secretary shall— agreement. graph. ‘‘(i) transmit to the principal investigator ‘‘(5) INCLUSION IN REGISTRY.— ‘‘(2) SANCTION IN CASE OF NONCOMPLIANCE.— involved a notice specifying the information ‘‘(A) GENERAL RULE.—The Secretary shall, ‘‘(A) INITIAL NONCOMPLIANCE.—If by the or statement required to be submitted to the pursuant to subsection (i)(5), include— date specified in paragraph (3), the Secretary Secretary and stating that such investigator ‘‘(i) the data described in subsection has not received the information or state- shall not be eligible to receive further fund- (i)(3)(A) and submitted under the amend- ment required to be submitted to the Sec- ing from the Secretary if such information ments made by section 4(a) of the FACT Act retary under paragraph (1), the Secretary or statement is not submitted to the Sec- in the registry described in subsection (i) as shall— retary within 30 days of the date on which soon as practicable after receiving such data; ‘‘(i) transmit to the responsible person for such notice is transmitted; and and such trial a notice stating that such respon- ‘‘(ii) include and prominently display, ‘‘(ii) the data described in clause (I) of sub- sible person shall be liable for the civil mon- until such time as the Secretary receives the section (i)(3)(B)(iv) and submitted under this etary penalties described in subparagraph (B) information or statement described in para- subsection or the amendments made by sec- if the required information or statement is graph (1), as part of the record of such trial tion 4(a) of the FACT Act in the database de- not submitted to the Secretary within 30 in the database described in subsection (i), a scribed in subsection (i) as soon as prac- days of the date on which such notice is notice stating that the results of such trials ticable after receiving such data. transmitted; and have not been reported as required by law. ‘‘(ii) include and prominently display, ‘‘(B) OTHER DATA.— ‘‘(D) FAILURE TO COMPLY WITH NOTICE.—If until such time as the Secretary receives the ‘‘(i) IN GENERAL.—The Secretary shall, pur- by the date that is 30 days after the date on suant to subsection (i)(5), include the data information described in paragraph (1), as which the notice described in subparagraph described in subclauses (II) through (X) of part of the record of such trial in the data- (C) is transmitted, the Secretary has not re- subsection (i)(3)(B)(iv) and submitted under base described in subsection (i), a notice ceived from the principal investigator in- this section in the database described in sub- stating that the results of such trials have volved the information or statement re- not been reported as required by law. section (i)— quired pursuant to such notice, the Sec- ‘‘(B) CIVIL MONETARY PENALTIES FOR NON- ‘‘(I) as soon as practicable after receiving retary may not award a grant, contract, co- COMPLIANCE.— such data; or operative agreement, or any other award to ‘‘(i) IN GENERAL.—If by the date that is 30 ‘‘(II) in the case of data to which clause (ii) such principal investigator until such prin- days after the date on which a notice de- applies, by the date described in clause (iii). cipal investigator submits to the Secretary scribed in subparagraph (A) is transmitted, ‘‘(ii) DATA DESCRIBED.—This clause applies the information or statement required pur- the Secretary has not received from the re- to data described in clause (i) if— suant to such notice. sponsible person involved the information or ‘‘(I) the principal investigator involved re- ‘‘(E) SUBMISSION OF STATEMENT BUT NOT IN- statement required pursuant to such notice, quests a delay in the inclusion in the data- FORMATION.— the Secretary shall, after providing the op- base of such data in order to have such data ‘‘(i) IN GENERAL.—If by the date specified in portunity for a hearing, order such respon- paragraph (2), the Secretary has received a published in a peer reviewed journal; and sible person to pay a civil penalty of $10,000 statement described in paragraph (1)(B) but ‘‘(II) the Secretary determines that an at- for each day after such date that the infor- not the information described in paragraph tempt will be made to seek such publication. mation or statement is not submitted. ‘‘(iii) DATE FOR INCLUSION IN REGISTRY.— (1)(A), the Secretary shall transmit to the ‘‘(ii) WAIVERS.—In any case in which a re- principal investigator involved a notice stat- Subject to clause (iv), the date described in sponsible person described in clause (i) is a ing that such investigator shall submit such this clause is the earlier of— nonprofit entity, the Secretary may waive or information by the date determined by the ‘‘(I) the date on which the data involved is reduce the penalties applicable under such Secretary in consultation with such investi- published as provided for in clause (ii); or clause to such person. gator. ‘‘(II) the date that is 18 months after the ‘‘(C) SUBMISSION OF STATEMENT BUT NOT IN- ‘‘(ii) FAILURE TO COMPLY WITH CERTIFI- date on which such data is submitted to the FORMATION.— CATION.—If, by the date specified by the Sec- Secretary. ‘‘(i) IN GENERAL.—If by the date specified in retary in the notice under clause (i), the Sec- ‘‘(iv) EXTENSION OF DATE.—The Secretary paragraph (3), the Secretary has received a retary has not received the information de- may extend the 18-month period described in statement described in paragraph (1)(B) but scribed in paragraph (1)(B), the Secretary clause (iii)(II) for an additional 6 months if not the information described in paragraph shall— the principal investigator demonstrates to (1)(A) the Secretary shall transmit to the re- ‘‘(I) transmit to the principal investigator the Secretary, prior to the expiration of such sponsible person involved a notice stating involved a notice specifying the information 18-month period, that the data involved has that such responsible person shall submit required to be submitted to the Secretary been accepted for publication by a journal such information by the date determined by and stating that such investigator shall not described in clause (ii)(I). the Secretary in consultation with such re- be eligible to receive further funding from ‘‘(v) MODIFICATION OF DATA.—Prior to in- sponsible person. the Secretary if such information is not sub- cluding data in the database under clause (ii) ‘‘(ii) FAILURE TO COMPLY.—If, by the date mitted to the Secretary within 30 days of the or (iv), the Secretary shall permit the prin- specified by the Secretary in the notice date on which such notice is transmitted; cipal investigator to modify the data in- under clause (i), the Secretary has not re- and volved. ceived the information described in para- ‘‘(II) include and prominently display, ‘‘(6) MEMORANDUM OF UNDERSTANDING.—Not graph (1)(A), the Secretary shall— until such time as the Secretary receives the later than 6 months after the date of enact- ‘‘(I) transmit to the responsible person in- information described in paragraph (1)(B), as ment of the FACT Act, the Secretary shall volved a notice specifying the information part of the record of such trial in the data- seek a memorandum of understanding with required to be submitted to the Secretary base described in subsection (i), a notice the heads of all other Federal agencies that and stating that such responsible person stating that the results of such trials have conduct clinical trials to include in the reg- shall be liable for the civil monetary pen- not been reported as required by law. istry and the database clinical trials spon- alties described in subparagraph (D) if such ‘‘(F) FAILURE TO COMPLY WITH NOTICE.—If sored by such agencies that meet the re- information is not submitted to the Sec- by the date that is 30 days after the date on quirements of this subsection. retary within 30 days of the date on which which the notice described in subparagraph ‘‘(7) APPLICATION TO CERTAIN PERSONS.— such notice is transmitted; and (E)(ii)(I) is transmitted, the Secretary has The provisions of this subsection shall apply ‘‘(II) include and prominently display, not received from the principal investigator to a responsible person described in sub- until such time as the Secretary receives the involved the information required pursuant sections (n)(1)(A)(ii)(II) or (n)(1)(B)(i)(II). information described in paragraph (1)(A), as to such notice, the Secretary may not award ‘‘(k) TRIALS WITH NON-FEDERAL SUPPORT.— part of the record of such trial in the data- a grant, contract, cooperative agreement, or ‘‘(1) IN GENERAL.—The responsible person base described in subsection (i), a notice any other award to such principal investi- for a clinical trial described in subsection stating that the results of such trials have gator until such principal investigator sub- (i)(3)(B) shall, not later than the date speci- not been reported as required by law.

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‘‘(D) NONCOMPLIANCE.— ‘‘(B) OTHER DATA.— organization to such Initiative) to the extent ‘‘(i) IN GENERAL.—If by the date that is 30 ‘‘(i) IN GENERAL.—The Secretary shall, pur- such Initiative (or successor) is in operation. days after the date on which a notice de- suant to subsection (i)(5), include the data ‘‘(5) TRIALS COMPLETED PRIOR TO ENACT- scribed in subparagraph (C)(ii)(I) is trans- described in subclauses (II) through (X) of MENT.—The Secretary shall establish proce- mitted, the Secretary has not received from subsection (i)(3)(B)(iv) and submitted under dures and mechanisms to allow for the vol- the responsible person involved the informa- this section in the database described in sub- untary submission to the database of the in- tion required pursuant to such notice, the section (i)— formation described in subsection (i)(3)(B) Secretary, after providing the opportunity ‘‘(I) as soon as practicable after receiving with respect to clinical trials completed for a hearing, shall order such responsible such data; or prior to the date of enactment of the FACT person to pay a civil penalty of $10,000 for ‘‘(II) in the case of data to which clause (ii) Act. In cases in which it is in the interest of each day after such date that the informa- applies, by the date described in clause (iii). public health, the Secretary may require tion is not submitted. ‘‘(ii) DATA DESCRIBED.—This clause applies that information from such trials be sub- ‘‘(ii) WAIVERS.—In any case in which a re- to data described in clause (i) if— mitted to the database. To the extent prac- sponsible person described in clause (i) is a ‘‘(I) the responsible person involved re- ticable, submissions to the database shall nonprofit entity, the Secretary may waive or quests a delay in the inclusion in the data- comply with paragraph (4). Failure to com- reduce the penalties applicable under such base of such data in order to have such data ply with a requirement to submit informa- clause to such person. published in a peer reviewed journal; and tion to the database under this paragraph ‘‘(E) NOTICE OF PUBLICATION OF DATA.—If ‘‘(II) the Secretary determines that an at- shall be deemed to be a failure to submit in- the responsible person is the manufacturer tempt will be made to seek such publication. formation as required under this section, and or distributor of the drug, biological product, ‘‘(iii) DATE FOR INCLUSION IN REGISTRY.— the appropriate remedies and sanctions or device involved, the notice under subpara- Subject to clause (iv), the date described in under this section shall apply. graphs (A)(i) and (C)(ii)(I) shall include a no- this clause is the earlier of— ‘‘(6) TRIALS NOT INVOLVING DRUGS, BIOLOGI- tice that the Secretary shall publish the ‘‘(I) the date on which the data involved is CAL PRODUCTS, OR DEVICES.—The Secretary data described in subsection (i)(3)(B) in the published as provided for in clause (ii); or shall establish procedures and mechanisms database if the responsible person has not ‘‘(II) the date that is 18 months after the to allow for the voluntary submission to the submitted the information specified in the date on which such data is submitted to the database of the information described in sub- notice transmitted by the date that is 6 Secretary. section (i)(3)(B) with respect to clinical months after the date of such notice. ‘‘(iv) EXTENSION OF DATE.—The Secretary trials that do not involve drugs, biological ‘‘(F) PUBLICATION OF DATA.—Notwith- may extend the 18-month period described in products, or devices. In cases in which it is standing section 301(j) of the Federal Food, clause (iii)(II) for an additional 6 months if in the interest of public health, the Sec- Drug, and Cosmetic Act, section 1905 of title the responsible person demonstrates to the retary may require that information from 18, United States Code, or any other provi- Secretary, prior to the expiration of such 18- such trials be submitted to the database. sion of law, if the responsible person is the month period, that the data involved has Failure to comply with such a requirement manufacturer or distributor of the drug, bio- been accepted for publication by a journal shall be deemed to be a failure to submit in- logical product, or device involved, and if the described in clause (ii)(I). formation as required under this section, and responsible person has not submitted to the the appropriate remedies and sanctions ‘‘(v) MODIFICATION OF DATA.—Prior to in- Secretary the information specified in a no- under this section shall apply. cluding data in the database under clause (ii) tice transmitted pursuant to subparagraph ‘‘(7) SUBMISSION OF INACCURATE INFORMA- or (iv), the Secretary shall permit the re- (A)(i) or (C)(ii)(I) by the date that is 6 TION.— sponsible person to modify the data involved. months after the date of such notice, the ‘‘(A) IN GENERAL.—If the Secretary deter- ‘‘(6) EFFECT.—The information with re- Secretary shall publish in the registry infor- mines that information submitted by a prin- spect to a clinical trial submitted to the Sec- mation that— cipal investigator or a responsible person retary under this subsection, including data ‘‘(i) is described in subsection (i)(3)(B); and under this section is factually and sub- published by the Secretary pursuant to para- ‘‘(ii) the responsible person has submitted stantively inaccurate, the Secretary shall graph (2)(F), may not be submitted by a per- to the Secretary in any application, includ- submit a notice to the investigator or re- son other than the responsible person as part ing a supplemental application, for the drug sponsible person concerning such inaccuracy or device under section 505, 510, 515, or 520 of of, or referred to in, an application for ap- that includes— the Federal Food, Drug, and Cosmetic Act or proval of a drug or device under section 505, ‘‘(i) a summary of the inaccuracies in- for the biological product under section 351. 510, 515, or 520 of the Federal Food, Drug, and volved; and Cosmetic Act or of a biological product ‘‘(3) DATE SPECIFIED.—The date specified in ‘‘(ii) a request for corrected information this paragraph shall be the date that is 1 under section 351, unless the information is within 30 days. year from the earlier of— available from a source other than the reg- ‘‘(B) AUDIT OF INFORMATION.— ‘‘(A) the estimated completion date of the istry or database described in subsection (i). ‘‘(i) IN GENERAL.—The Secretary may con- trial, submitted under subsection ‘‘(l) PROCEDURES AND WAIVERS.— duct audits of any information submitted (i)(3)(B)(vi)(I)(ii); or ‘‘(1) SUBMISSION PRIOR TO NOTICE.—Nothing under subsection (i). ‘‘(B) the actual date of completion or ter- in subsections (j) through (k) shall be con- ‘‘(ii) REQUIREMENT.—Any principal investi- mination of the trial. strued to prevent a principal investigator or gator or responsible person that has sub- ‘‘(4) USE OF FUNDS.— a responsible person from submitting any in- mitted information under subsection (i) shall ‘‘(A) IN GENERAL.—The Secretary shall de- formation required under this subsection to permit the Secretary to conduct the audit posit the funds collected under paragraph (2) the Secretary prior to receiving any notice described in clause (i). into an account and use such funds, in con- described in such subsections. ‘‘(C) CHANGES TO INFORMATION.—Any sultation with the Director of the Agency for ‘‘(2) ONGOING TRIALS.—A factually accurate change in the information submitted by a Healthcare Research and Quality, to fund statement that a clinical trial is ongoing principal investigator or a responsible per- studies that compare the clinical effective- shall be deemed to be information sufficient son under this section shall be reported to ness of 2 or more treatments for similar dis- to demonstrate to the Secretary that the in- the Secretary within 30 days of the date on eases or conditions. formation described in subsections (j)(1)(A) which such investigator or person became ‘‘(B) FUNDING DECISIONS.—The Secretary and (k)(1)(A) cannot reasonably be sub- aware of the change for purposes of updating shall award funding under subparagraph (A) mitted. the registry or the database. based on a priority list established not later ‘‘(3) INFORMATION PREVIOUSLY SUBMITTED.— ‘‘(D) FAILURE TO CORRECT.—If a principal than 6 months after the date of enactment of Nothing in subsections (j) through (k) shall investigator or a responsible person fails to the FACT Act by the Director of the Agency be construed to require the Secretary to send permit an audit under subparagraph (B), pro- for Healthcare Research and Quality and pe- a notice to any principal investigator or re- vide corrected information pursuant to a no- riodically updated as determined appropriate sponsible person requiring the submission to tice under subparagraph (A), or provide by the Director. the Secretary of information that has al- changed information under subparagraph (C), ‘‘(5) INCLUSION IN REGISTRY.— ready been submitted. the investigator or responsible person in- ‘‘(A) GENERAL RULE.—The Secretary shall, ‘‘(4) SUBMISSION FORMAT AND TECHNICAL volved shall be deemed to have failed to sub- pursuant to subsection (i)(5), include— STANDARDS.— mit information as required under this sec- ‘‘(i) the data described in subsection ‘‘(A) IN GENERAL.—The Secretary shall, to tion and the appropriate remedies and sanc- (i)(3)(A) and submitted under the amend- the extent practicable, accept submissions tion under this section shall apply. ments made by section 4(a) of the FACT Act required under this subsection in an elec- ‘‘(E) CORRECTIONS.— in the registry described in subsection (i) as tronic format and shall establish interoper- ‘‘(i) IN GENERAL.—The Secretary may cor- soon as practicable after receiving such data; able technical standards for such submis- rect, through any means deemed appropriate and sions. by the Secretary to protect public health, ‘‘(ii) the data described in clause (I) of sub- ‘‘(B) CONSISTENCY OF STANDARDS.—To the any information included in the registry or section (i)(3)(B)(iv) and submitted under this extent practicable, the standards established the database described in subsection (i) (in- subsection in the database described in sub- under subparagraph (A) shall be consistent cluding information described or contained section (i) as soon as practicable after re- with standards adopted by the Consolidated in a publication referred to under subclause ceiving such data. Health Informatics Initiative (or a successor (VI) of subsection (i)(3)(B)(iv)) that is—

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‘‘(I) submitted to the Secretary for inclu- practicable after receiving such information. ‘‘(3) INDIVIDUAL LIABILITY.— sion in the registry or the database; and Failure to comply with this paragraph shall ‘‘(A) LIMITATION ON LIABILITY OF INDIVID- ‘‘(II) factually and substantively inac- be deemed to be a failure to submit informa- UALS.—No individual shall be liable for any curate or false or misleading. tion as required under this section, and the civil monetary penalty under this section. ‘‘(ii) RELIANCE ON INFORMATION.—The Sec- appropriate remedies and sanctions under ‘‘(B) INDIVIDUALS WHO ARE RESPONSIBLE retary may rely on any information from a this section shall apply. PERSONS.—If a responsible person under sub- clinical trial or a report of an adverse event ‘‘(2) CLINICAL TRIAL DESCRIBED.—A clinical paragraph (A) or (B) of paragraph (1) is an in- acquired or produced under the authority of trial is described in this paragraph if— dividual, such individual shall be subject to section 351 of this Act or of the Federal ‘‘(A) such trial is conducted outside of the the procedures and conditions described in Food, Drug, and Cosmetic Act in deter- United States; and subsection (j).’’. mining whether to make corrections as pro- ‘‘(B) the data from such trial is— (c) AUTHORIZATION OF APPROPRIATIONS.— vided for in clause (i). ‘‘(i) submitted to the Secretary as part of Section 402 of the Public Health Service Act ‘‘(iii) DETERMINATIONS RELATING TO MIS- an application, including a supplemental ap- (42 U.S.C. 282), as amended by this section, is LEADING INFORMATION.—For purposes of plication, for a drug or device under section further amended by adding at the end the clause (i)(II), in determining whether infor- 505, 510, 515, or 520 of the Federal Food, Drug, following: mation is misleading, the Secretary shall and Cosmetic Act or for the biological prod- ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— use the standard described in section 201(n) uct under section 351; or There are authorized to be appropriated such of the Federal Food, Drug, and Cosmetic Act ‘‘(ii) used in advertising or labeling to sums as may be necessary to carry out this that is used to determine whether labeling or make a claim about the drug, device, or bio- section.’’. advertising is misleading. logical product involved. (d) CONFORMING AMENDMENT.—Section ‘‘(iv) RULE OF CONSTRUCTION.—This sub- ‘‘(n) DEFINITIONS; INDIVIDUAL LIABILITY.— 402(c)(1)(D) of the Public Health Service Act paragraph shall not be construed to author- ‘‘(1) RESPONSIBLE PERSON.— (42 U.S.C. 282(c)(1)(D)), as amended by Public ize the disclosure of information if— ‘‘(A) IN GENERAL.—In this section, the term Law 109-482, is amended by striking ‘‘402(k)’’ ‘‘(I) such disclosure would constitute an in- ‘responsible person’ with respect to a clinical and inserting ‘‘402(p)’’. vasion of personal privacy; trial, means— SEC. 4. REVIEW AND APPROVAL OF PROPOSALS ‘‘(II) such information concerns a method ‘‘(i) if such clinical trial is the subject of FOR RESEARCH. or process which as a trade secret is entitled an investigational new drug application or (a) AMENDMENTS.—Section 492A(a) of the to protection within the meaning of section an application for an investigational device Public Health Service Act (42 U.S.C. 289a– 301(j) of the Federal Food, Drug, and Cos- exemption, the sponsor of such investiga- 1(a)) is amended— metic Act; tional new drug application or such applica- (1) in paragraph (1)(A), by striking ‘‘un- ‘‘(III) such disclosure would disclose con- tion for an investigational device exemption; less’’ and all that follows through the period fidential commercial information or a trade or and inserting the following: ‘‘unless— secret, other than a trade secret described in ‘‘(ii) except as provided in subparagraph ‘‘(i) the application has undergone review subclause (II), unless such disclosure is nec- (B), if such clinical trial is not the subject of in accordance with such section and has been essary— an investigational new drug application or recommended for approval by a majority of ‘‘(aa) to make a correction as provided for an application for an investigational device the members of the Board conducting the re- under clause (i); and exemption— view; ‘‘(bb) protect the public health; or ‘‘(I) the person that provides the largest ‘‘(ii) such Board has submitted to the Sec- ‘‘(IV) such disclosure relates to a biological share of the monetary support (such term retary a notification of such approval; and product for which no license is in effect does not include in-kind support) for the con- ‘‘(iii) with respect to an application involv- under section 351, a drug for which no ap- duct of such trial; or ing a clinical trial to which section 402(i) ap- proved application is in effect under section ‘‘(II) in the case in which the person de- plies, the principal investigator who has sub- 505(c) of the Federal Food, Drug, and Cos- scribed in subclause (I) is a Federal or State mitted such application has submitted to the metic Act, or a device that is not cleared agency, the principal investigator of such Secretary for inclusion in the registry and under section 510(k) of such Act or for which trial. the database described in section 402(i) the no application is in effect under section 515 ‘‘(B) NONPROFIT ENTITIES AND REQUESTING information described in paragraph (3)(A) of such Act. PERSONS.— and subclause (I) of paragraph (3)(B)(iv) of ‘‘(v) NOTICE.—In the case of a disclosure ‘‘(i) NONPROFIT ENTITIES.—For purposes of such section.’’; and under clause (iv)(III), the Secretary shall no- subparagraph (A)(ii)(I), if the person that (2) by adding at the end the following: tify the manufacturer or distributor of the provides the largest share of the monetary ‘‘(3) COST RECOVERY.—Nonprofit entities drug, biological product, or device involved— support for the conduct of the clinical trial may recover the full costs associated with ‘‘(I) at least 30 days prior to such disclo- involved is a nonprofit entity, the respon- compliance with the requirements of para- sure; or sible person for purposes of this section shall graph (1) from the Secretary as a direct cost ‘‘(II) if immediate disclosure is necessary be— of research.’’. to protect the public health, concurrently ‘‘(I) the nonprofit entity; or (b) REGULATIONS.—The Secretary of Health with such disclosure. ‘‘(II) if the nonprofit entity and the prin- and Human Services shall modify the regula- ‘‘(8) WAIVERS REGARDING CLINICAL TRIAL RE- cipal investigator of such trial jointly cer- tions promulgated at part 46 of title 45, Code SULTS.—The Secretary may waive the re- tify to the Secretary that the principal in- of Federal Regulations, part 50 of title 21, quirements of subsections (j)(1) and (k)(1) vestigator will be responsible for submitting Code of Federal Regulations, and part 56 of that the results of clinical trials be sub- the information described in subsection title 21, Code of Federal Regulations, to re- mitted to the Secretary, upon a written re- (i)(3)(B) for such trial, the principal investi- flect the amendments made by subsection quest from the responsible person if the Sec- gator. (a). retary determines that extraordinary cir- ‘‘(ii) REQUESTING PERSONS.—For purposes (c) CONFORMING AMENDMENT.—Section cumstances justify the waiver and that pro- of subparagraph (A)(ii)(I), if a person— 492A(a)(2) of the Public Health Service Act viding the waiver is in the public interest, ‘‘(I) has submitted a request to the Sec- (42 U.S.C. 289a–1(a)(2)), as amended by Public consistent with the protection of public retary that the Secretary recognize the per- Law 109-482, is amended by striking ‘‘402(k)’’ health, or in the interest of national secu- son as the responsible person for purposes of and inserting ‘‘402(p)’’. rity. Not later than 30 days after any part of this section; and SEC. 5. PROHIBITED ACTS. a waiver is granted, the Secretary shall no- ‘‘(II) the Secretary determines that such Section 301 of the Federal Food, Drug, and tify, in writing, the appropriate committees person— Cosmetic Act (21 U.S.C. 331) is amended by of Congress of the waiver and provide an ex- ‘‘(aa) provides monetary support for the adding at the end the following: planation for why the waiver was granted. conduct of such trial; ‘‘(ii)(1) The entering into of a contract or ‘‘(m) TRIALS CONDUCTED OUTSIDE OF THE ‘‘(bb) is responsible for the conduct of such other agreement by a responsible person or a UNITED STATES.— trial; and manufacturer of a drug, biological product, ‘‘(1) IN GENERAL.—With respect to clinical ‘‘(cc) will be responsible for submitting the or device with an individual who is not an trials described in paragraph (2), the respon- information described in subsection (i)(3)(B) employee of such responsible person or man- sible person shall submit to the Secretary for such trial; ufacturer, or the performance of any other the information required under subclauses such person shall be the responsible person act by such a responsible person or manufac- (II) through (X) of subsection (i)(3)(B)(iv). for purposes of this section. turer, that prohibits, limits, or imposes un- The Secretary shall ensure that the informa- ‘‘(2) DRUG, DEVICE, BIOLOGICAL PRODUCT.—In reasonable delays on the ability of such indi- tion described in the preceding sentence is this section— vidual to— made available in the database under sub- ‘‘(A) the terms ‘drug’ and ‘device’ have the ‘‘(A) discuss the results of a clinical trial section (i) in a timely manner. Submissions meanings given such terms in section 201 of at a scientific meeting or any other public or to the database shall comply with subsection the Federal Food, Drug, and Cosmetic Act; private forum; or (l)(4) to the extent practicable. The Sec- and ‘‘(B) publish the results of a clinical trial retary shall include the information de- ‘‘(B) the term ‘biological product’ has the or a description or discussion of the results scribed in the preceding sentence in the meaning given such term in section 351 of of a clinical trial in a scientific journal or database under subsection (i) as soon as this Act. any other publication.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1454 CONGRESSIONAL RECORD — SENATE January 31, 2007 ‘‘(2) The entering into a contract or other tration and the drug Vioxx. That hear- puts the drugs on the market in the agreement by a responsible person or a man- ing and other critical drug safety con- first place. ufacturer of a drug, biological product, or de- cerns that have come to light since Even more troubling is the fact that vice with an academic institution or a health then highlight the need for comprehen- those who speak out of line are tar- care facility, or the performance of any other act by such a responsible person or sive and systematic reforms as well as geted. Whistleblowers, as we call them, manufacturer, that prohibits, limits, or im- more stringent oversight of the Food are targeted. They are very helpful to poses unreasonable delays on the ability of and Drug Administration. Congress in ferreting out wrongdoing, an individual who is not an employee of such Over the past 3 years, it has become that laws are not being faithfully exe- responsible person or manufacturer to— increasingly apparent that the Food cuted, that money is not being spent ‘‘(A) discuss the results of a clinical trial and Drug Administration has repeat- according to congressional intent. So at a scientific meeting or any other public or edly failed to protect the public from they speak out at the FDA and point private forum; or an industry that focuses all too often out a lot of things that are wrong. And ‘‘(B) publish the results of a clinical trial on profits, even when those profits or a description or discussion of the results what do they get for it? They are treat- of a clinical trial in a scientific journal or come at the expense of ‘‘John Q. Pub- ed like a skunk at a picnic. They are any other publication.’’. lic.’’ targeted. SEC. 6. REPORTS. In 2005, then, and because of this, So this legislation we put before us (a) IMPLEMENTATION REPORT.—Not later Senator DODD and I introduced almost would provide the new center with the than 1 year after the date of enactment of identical companion bills to advance independence and authority to prompt- this Act, the Secretary of Health and Human serious reforms at the Food and Drug ly identify serious safety risks and Services shall submit to the appropriate Administration. In the 2 years fol- take necessary actions to protect the committees of Congress a report on the sta- lowing the introduction of those bills, public, and I hope eliminate some of tus of the implementation of the require- however, the Food and Drug Adminis- the intimidation against whistle- ments of the amendments made by section 3 that includes a description of the number tration failed to take comprehensive blowers. and types of clinical trials for which infor- and systematic steps toward restoring At the same time, the intra-agency mation has been submitted under such public confidence in that agency, as communication is essential in address- amendments. well as the necessity of strengthening ing drug safety. So this legislation (b) DATA COLLECTION.— public safety. would encourage communication be- (1) IN GENERAL.—The Secretary of Health Yesterday, the Food and Drug Ad- tween the center and other centers and and Human Services shall enter into a con- ministration released its response to offices, or let’s say subagencies at the tract with the Institute of Medicine for the the Institute of Medicine’s 2006 report Food and Drug Administration that conduct of a study concerning the extent to on drug safety. The two safety bills in- which data submitted to the registry under handle drugs and biological products, section 402(i) of the Public Health Service troduced today are not intended to sup- to do what is best for the consumer and Act (42 U.S.C. 282(i)) has impacted the public plant the plans articulated in the Food not have big PhRMA having undue in- health. and Drug Administration’s response fluence. (2) REPORT.—Not later than 6 months after but, rather, to augment those plans The second bill we are introducing the date on which a contract is entered into and to provide the FDA with additional would expand an existing Web site, under paragraph (1), the Institute of Medi- enforcement tools, something they now www.clinicaltrials.gov, to create a pub- cine shall submit to the Secretary of Health lack. licly accessible national databank of and Human Services a report on the results In fact, one of our bills is intended to clinical trial information. The of the study conducted under such para- specifically address a serious problem graph. Such report shall include rec- databank would be comprised of a clin- ommendations for changes to the registry, that was also identified by the Insti- ical trial registry and a clinical trial the database, and the data submission re- tute of Medicine. Dr. Alta Charo, a results database of all publicly and pri- quirements that would benefit the public member of the Institute of Medicine vately funded clinical trials so that ev- health. committee that wrote the report on erything is out there for the public to Mr. GRASSLEY. Madam President, I drug safety, stated in the newspaper consider, not letting somebody choose: am pleased to have bipartisan sponsor- USA Today: Well, if this is a little negative toward ship of two very important bills with I have to confess I’m disappointed that our drug, we will not make that public. Senator DODD of Connecticut that are they— All the positive stuff, of course, we will being introduced today, the Food and Meaning the FDA— make public. Drug Administration Safety Act of 2007 ignored one of our most critical rec- So I think this legislation is going to and the Fair Access to Clinical Trials ommendations. foster transparency. But it is going to Act of 2007. According to the USA Today article, bring about a great deal of account- These bills are part of a sustained ef- she was referring to the Institute of ability in health research and develop- fort to restore public confidence in the Medicine’s recommendation that the ment and ensure that the scientific Federal Government’s food and drug Food and Drug Administration give community and, most importantly, the safety program and to make sure the more clout to the office that monitors general public whom we are trying to agency does all it can to protect the drugs after they go to market. I want protect have access to basic informa- public. you to know I agree with Dr. Charo. tion about clinical trials, about new Enactment of those two bills would The Food and Drug Administration drugs going out on the market. provide doctors and patients with more Safety Act of 2007 would then establish The legislation would also create an information about the risks and bene- an independent center within the Food environment that would encourage fits of their medicines and bring about and Drug Administration. The name of companies from withholding clinically greater transparency and account- the center would be the Center for important information about their ability of the Food and Drug Adminis- Postmarket Evaluation and Research products from the Food and Drug Ad- tration. for Drugs and Biologics. The director of ministration and from the public. I am sure my colleagues realize I this center would report directly to the By the way, the information that is have been involved in oversight of the Food and Drug Administration Com- coming out now about Vioxx in the Food and Drug Administration for now missioner and would be responsible for newspapers today will even tell you at least 3 years, and it has been in re- conducting risk assessments for ap- that a long time before Vioxx went on sponse to concerns about the reluc- proved drugs and biological products. the market there were scientists with- tance of the Food and Drug Adminis- The new center would also be respon- in the company who were raising ques- tration to provide information to the sible for ensuring the safety and effec- tions about whether it was going to public about the increased suicide risks tiveness of drugs once they are on the cause harm to the heart. All of this in- for young people taking market. Unfortunately, the problem we formation should be out there. The antidepressants. are trying to solve is that now at the public ought to know it. Your doctor In November 2004, I chaired a FDA, the office that reviews drug safe- ought to know it. Transparency and ac- groundbreaking hearing on drug safety ty postmarketing is a mere consultant countability should not hurt anybody involving the Food and Drug Adminis- and under the thumb of the office that in an open society such as we have in

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SHORT TITLE. and Research, as appropriate, shall consider the risk in relation to the known benefits of Drug Administration is a troubled This Act may be cited as the ‘‘Food and Drug Administration Safety Act of 2007’’. such drug or biological product. agency that lost sight of its funda- ‘‘(c) SECRETARIAL AUTHORITY.— mental function. That fundamental SEC. 2. CENTER FOR POSTMARKET EVALUATION AND RESEARCH FOR DRUGS AND ‘‘(1) IN GENERAL.—Approval of a drug under function is to protect the safety and BIOLOGICS. section 505 of this Act or issuance of a li- the efficacy of new prescription drugs. (a) IN GENERAL.—Chapter V of the Federal cense for a biological product under section Two very important things for them Food, Drug, and Cosmetic Act (21 U.S.C. 351 351 of the Public Health Service Act may be to answer: Are the drugs safe for you? et seq.) is amended by inserting after section subject to the requirement that the sponsor Are they effective? 506C the following: conduct 1 or more postmarket studies as de- Unfortunately, the public has good ‘‘SEC. 507. DRUG SAFETY. scribed in subsection (d) or (e) of this sec- reason to doubt the Food and Drug Ad- ‘‘(a) ESTABLISHMENT OF THE CENTER FOR tion, or other postmarket studies as required ministration’s ability to do its job. And POSTMARKET EVALUATION AND RESEARCH FOR by the Secretary, to validate the safety and DRUGS AND BIOLOGICS.—There is established effectiveness of the drug or biological prod- experts from all over the country have uct. expressed concern. These two bills, within the Food and Drug Administration a Center for Postmarket Evaluation and Re- ‘‘(2) DEFINITION.—For purposes of this sec- then, that Senator DODD and I are in- search for Drugs and Biologics (referred to in tion, the term ‘postmarket’ means— troducing—and let me parenthetically the section as the ‘Center’). The Director of ‘‘(A) with respect to a drug, after approval say for the public, people are always the Center shall report directly to the Com- of an application under section 505; and thinking that Democrats are hitting on missioner of Food and Drugs. ‘‘(B) with respect to a biological product, Republicans and Republicans are hit- ‘‘(b) DUTIES OF THE CENTER FOR after licensure under section 351 of the Pub- ting on Democrats. There is a lot going POSTMARKET EVALUATION AND RESEARCH FOR lic Health Service Act. on around here you never see on DRUGS AND BIOLOGICS.— ‘‘(d) PREAPPROVAL REVIEW.— evening television that is bipartisan ‘‘(1) RESPONSIBILITIES OF DIRECTOR.—The ‘‘(1) REVIEW OF APPLICATION.— ‘‘(A) IN GENERAL.— because there is not controversy about Director of the Center, in consultation with the Director of the Center for Drug Evalua- ‘‘(i) REVIEW.—At any time before a drug is it, or at least there is no controversy tion and Research or the Director of the Cen- approved under section 505 of this Act or a between Republicans and Democrats. ter for Biologics Evaluation and Research, as biological product is licensed under section But what they want to put in the news appropriate, shall— 351 of the Public Health Service Act, the Di- media every night is when some Repub- ‘‘(A) conduct postmarket risk assessment rector of the Center shall review the applica- lican is fighting some Democrat. So of drugs approved under section 505 of this tion (or supplement to the application), and our constituents get a view about this Act and of biological products licensed under any analyses associated with the applica- Congress that is very distorted. section 351 of the Public Health Service Act; tion, of such drug or biological product. I would like to have people read on a ‘‘(B) conduct and improve postmarket sur- ‘‘(ii) EFFECT OF APPROVAL OR LICENSURE.— veillance of approved drugs and licensed bio- The approval of a drug under section 505 or regular basis about how Senator BAU- logical products using postmarket surveil- the licensure of a biological product under CUS and I meet on a regular basis to de- lance programs and activities (including such section 351 shall not affect the continu- termine the agenda for the Finance MedWatch), risk-benefit analyses, adverse ation and completion of a review under Committee. I would like to have them event reports, the scientific literature, any clause (i). read about how he and I have put out clinical or observational studies (including ‘‘(B) LIMITATION.—In no case shall the re- bipartisan bills for the last 6 years— studies required under subsection (d) or (e)), view under subparagraph (A) delay a decision whether he was chairman or I was and any other resources that the Director of with respect to an application for a drug chairman—and that every one of them the Center determines appropriate; under section 505 of this Act or for a biologi- got to the President to be signed. But ‘‘(C) determine whether a study is required cal product under section 351 of the Public Health Service Act. you do not hear those things. under subsection (d) or (e) and consult with ‘‘(2) RESULT OF REVIEW.—The Director of So I want to emphasize, this is a the sponsors of drugs and biological products to ensure that such studies are completed by the Center may, based on the review under DODD—and Senator DODD is a Demo- the date, and according to the terms, speci- paragraph (1)— crat from Connecticut—and a GRASS- fied by the Director of the Center; ‘‘(A) require that the sponsor of the appli- LEY bill—and GRASSLEY is a Republican ‘‘(D) contract, or require the sponsor of an cation agree to conduct 1 or more Senator from Iowa. So this bill is being application or the holder of an approved ap- postmarket studies to determine the safety introduced to ensure the safety and ef- plication or license to contract, with the or effectiveness of a drug or biological prod- ficacy of new prescription drugs, not to holders of domestic and international pa- uct, including such safety or effectiveness as do something new for the FDA, just to tient databases to conduct epidemiologic and compared to other drugs or biological prod- give them the tools to do what they other observational studies; ucts, to be completed by a date, and accord- ing to the terms, specified by the Director of have had a responsibility to do for sev- ‘‘(E) determine, based on postmarket sur- veillance programs and activities (including the Center; or eral decades. MedWatch), risk-benefit analyses, adverse ‘‘(B) contract, or require the sponsor of the So the public has doubts about the event reports, the scientific literature, and application to contract, with a holder of a FDA’s ability to do it. These two bills any clinical or observational studies (includ- domestic or an international patient data- will help put the FDA back on the path ing studies required under subsection (d) or base to conduct 1 or more epidemiologic or to fulfilling its mission and, most im- (e)), and any other resources that the Direc- other observational studies. portantly, put the American consumer tor of the Center determines appropriate, ‘‘(e) POSTMARKETING STUDIES OF DRUG first. whether a drug or biological product may SAFETY.— So, Madam President, in closing, I present an unreasonable risk to the health of ‘‘(1) IN GENERAL.—At any time after a drug ask unanimous consent that my state- patients or the general public, and take cor- is approved under section 505 of this Act or a rective action if such an unreasonable risk biological product is licensed under section ment in the RECORD that I give today may exist; 351 of the Public Health Service Act, the Di- be coupled with the statement of Sen- ‘‘(F) make information about the safety rector of the Center, may— ator DODD, which will be given later and effectiveness of approved drugs and li- ‘‘(A) require that the holder of an approved today, regarding the introduction of censed biological products available to the application or license conduct 1 or more these important bills. public and healthcare providers in a timely studies to determine the safety or effective- By giving me this unanimous con- manner; and ness of such drug or biological product, in- sent, it will assure the public, when ‘‘(G) conduct other activities as the Direc- cluding such safety and effectiveness as com- they read about these bills, knows that tor of the Center determines appropriate to pared to other drugs or biological products, ensure the safety and effectiveness of all to be completed by a date, and according to DODD is a Democrat, GRASSLEY is a Re- drugs approved under section 505 and all bio- the terms, specified by such Director; or publican, and they are bipartisan bills. logical products licensed under section 351 of ‘‘(B) contract, or require the holder of the The PRESIDING OFFICER. Without the Public Health Service Act. approved application or license to contract, objection, it is so ordered. ‘‘(2) DETERMINATION OF UNREASONABLE with a holder of a domestic or an inter- There being no objection, the text of RISK.—In determining whether a drug or bio- national patient database to conduct 1 or the bill was ordered to be printed in logical product may present an unreasonable more epidemiologic or other observational the RECORD, as follows: risk to the health of patients or the general studies.

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‘‘(2) REVIEW OF OUTSTANDING STUDIES.—Not ‘‘(B) the nature of the study; ‘‘(ii) modifying the approved indication of later than 90 days after the date of enact- ‘‘(C) the primary and secondary outcomes the drug or biological product to restrict use ment of the Food and Drug Administration of the study; to certain patients; Safety Act of 2007, the Director of the Center ‘‘(D) the date the study was required under ‘‘(iii) placing restriction on the distribu- shall— subsection (d) or (e) or was agreed to by the tion of the drug or biological product to en- ‘‘(A) review and publish a list in the Fed- sponsor; sure safe use; eral Register of any postmarketing studies ‘‘(E) the deadline for completion of the ‘‘(iv) requiring the sponsor of the drug or outstanding on the date of enactment of the study; and biological product or license to establish a Food and Drug Administration Safety Act of ‘‘(F) if the study has not been completed patient registry; 2007; and by the deadline under subparagraph (E), a ‘‘(v) requiring patients to sign a consent ‘‘(B) as the Director determines appro- statement that explains why. form prior to receiving a prescription of the priate, require the sponsor of a study de- ‘‘(2) The periodic progress reports and re- drug or biological product; scribed in subparagraph (A) to conduct such sults of completed studies described under ‘‘(vi) requiring the sponsor to monitor study under this subsection. subsection (f). sales and usage of the drug or biological ‘‘(f) PUBLICATION OF PROGRESS REPORTS ‘‘(3) Any determinations made by the Di- product to detect unsafe use; AND COMPLETED STUDIES.— rector of the Center under subsection (g), in- ‘‘(vii) requiring patient or physician edu- ‘‘(1) IN GENERAL.—The Director of the Cen- cluding— cation; and ter shall require that the sponsor of a study ‘‘(A) reasons for the determination, includ- ‘‘(viii) requiring the establishment of a under subsection (d) or (e) submit to the Sec- ing factual basis for such determination; risk management plan by the sponsor; and retary— ‘‘(B) reference to supporting empirical ‘‘(B) shall include the requirements with ‘‘(A) not less frequently than every 90 days, data; and an up-to-date report describing the progress respect to promotional material under sub- ‘‘(C) an explanation that describes why section (l)(1). of such study; and contrary data is insufficient. ‘‘(B) upon the completion date of such ‘‘(3) PENALTIES.— study, the results of such study. ‘‘(i) DRUG ADVISORY COMMITTEE.—The Drug ‘‘(A) IN GENERAL.—If the Secretary deter- ‘‘(2) COMPLETION DATE.—For purposes of Safety and Risk Management Advisory Com- mines, after notice and opportunity for an this section, the completion date of such mittee within the Center of the Food and informal hearing, that a sponsor of a drug or study shall be determined by the Director of Drug Administration shall— biological product has failed to take the cor- the Center. ‘‘(1) meet not less frequently than every rective action ordered by the Director of the ‘‘(g) DETERMINATIONS BY DIRECTOR.— 180 days; and Center under this subsection or has failed to ‘‘(1) RESULTS OF STUDY.—The Director of ‘‘(2) make recommendations to the Direc- comply with subsection (l)(2), the Secretary the Center shall determine, upon receipt of tor of the Center with respect to— may order such sponsor to pay a civil pen- the results of a study required under sub- ‘‘(A) which drugs and biological products alty. section (d) or (e)— should be the subject of a study under sub- ‘‘(B) AMOUNT OF PENALTIES.— ‘‘(A) whether the drug or biological prod- section (d) or (e); ‘‘(i) IN GENERAL.—The civil penalty ordered uct studied may present an unreasonable ‘‘(B) the design and duration for studies under subparagraph (A) shall be $250,000 for risk to the health of patients or the general under subsection (d) or (e); the first 30-day period that the sponsor does public; and ‘‘(C) which drugs and biological products not comply with the order under paragraph ‘‘(B) what, if any, corrective action under may present an unreasonable risk to the (1), and shall double in amount for every 30- subsection (k) shall be taken to protect pa- health of patients or the general public; and day period thereafter that the order is not tients and the public health. ‘‘(D) appropriate corrective actions under complied with. ‘‘(2) RESULTS OF EVIDENCE.—The Director subsection (k). ‘‘(ii) LIMITATION.—In no case shall a pen- of the Center may, at any time, based on the ‘‘(j) PENALTIES.— alty under clause (i) exceed $2,000,000 for any empirical evidence from postmarket surveil- ‘‘(1) IN GENERAL.—If the Secretary deter- 30-day period. lance programs and activities (including mines, after notice and opportunity for an ‘‘(C) NOTIFICATION OF PENALTY.—The Sec- MedWatch), risk-benefit analyses, adverse informal hearing, that a sponsor of a drug or retary shall publish in the Federal Register event reports, the scientific literature, any biological product or other entity has failed any civil penalty ordered under this para- clinical or observational studies (including to complete a study required under sub- graph. studies required under subsection (d) or (e)), section (d) or (e) by the date or to the terms ‘‘(l) PROMOTION MATERIAL.— or any other resources that the Director of specified by the Secretary under such sub- ‘‘(1) SAFETY ISSUE.—If the Director of the the Center determines appropriate— section, the Secretary may order such spon- Center makes a determination that a drug or ‘‘(A) make a determination that a drug or sor or other entity to— biological product may present an unreason- biological product may present an unreason- ‘‘(A) complete the study in a specified able risk to the health of patients or the gen- able risk to the health of patients or the gen- time; eral public under subsection (g), such Direc- eral public; and ‘‘(B) revise the study to comply with the ‘‘(B) order a corrective action under sub- tor, in consultation with the Division of terms specified by the Secretary under sub- Drug Marketing, Advertising, and Commu- section (k) be taken to protect patients and section (d) or (e); or the public health. nications of the Food and Drug Administra- ‘‘(C) pay a civil penalty. tion, shall— ‘‘(3) REQUIRED CONSULTATION AND CONSIDER- ‘‘(2) AMOUNT OF PENALTIES.— ‘‘(A) notwithstanding section 502(n), re- ATIONS.—Before making a determination ‘‘(A) IN GENERAL.—The civil penalty or- under paragraph (2), ordering a study under quire that the sponsor of such drug or bio- dered under paragraph (1) shall be $250,000 for logical product submit to the Director of the subsection (d) or (e), or taking a corrective the first 30-day period after the date speci- action under subsection (k), the Director of Center copies of all promotional material fied by the Secretary that the study is not with respect to the drug or biological prod- the Center shall— completed, and shall double in amount for ‘‘(A) consult with the Director of the Cen- uct not less than 30 days prior to the dis- every 30-day period thereafter that the study semination of such material; and ter for Drug Evaluation and Research or the is not completed. Director of the Center for Biologics Evalua- ‘‘(B) require that all promotional material ‘‘(B) LIMITATION.—In no case shall a pen- tion and Research, as appropriate; and with respect to the drug or biological prod- alty under subparagraph (A) exceed $2,000,000 uct include certain disclosures, which shall ‘‘(B) consider— for any 30-day period. ‘‘(i) the benefit-to-risk profile of the drug be displayed prominently and in a manner ‘‘(3) NOTIFICATION OF PENALTY.—The Sec- easily understood by the general public, in- or biological product; retary shall publish in the Federal Register ‘‘(ii) the effect that a corrective action, or cluding— any civil penalty ordered under this sub- ‘‘(i) a statement that describes the unrea- failure to take corrective action, will have section. on the patient population that relies on the sonable risk to the health of patients or the drug or biological product; and ‘‘(k) RESULT OF DETERMINATION.— general public as determined by the Director ‘‘(iii) the extent to which the drug or bio- ‘‘(1) IN GENERAL.—If the Director of the of the Center; logical product presents a meaningful thera- Center makes a determination that a drug or ‘‘(ii) a statement that encourages patients peutic benefit as compared to other available biological product may present an unreason- to discuss potential risks and benefits with treatments. able risk to the health of patients or the gen- their healthcare provider; ‘‘(h) PUBLIC INFORMATION.—Periodically, eral public under subsection (g), such Direc- ‘‘(iii) a description of the corrective ac- but not less often than every 90 days, the tor shall order a corrective action, as de- tions required under subsection (k); Secretary shall make available to the public, scribed under paragraph (2). ‘‘(iv) where appropriate, a statement ex- by publication in the Federal Register and ‘‘(2) CORRECTIVE ACTIONS.—The corrective plaining that there may be products avail- posting on an Internet website, the following action described under subsection (g)— able to treat the same disease or condition information: ‘‘(A) may include— that present a more favorable benefit-to-risk ‘‘(1) Studies required under subsection (d) ‘‘(i) requiring a change to the drug or bio- profile, and that patients should talk to or (e) including— logical product label by a date specified by their healthcare provider about the risks and ‘‘(A) the type of study; the Director of the Center; benefits of alternative treatments;

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1457 ‘‘(v) a description of any requirements of consultation described in paragraph (1), in- Mr. BAUCUS. Mr. President, I rise outstanding clinical and observational stud- cluding— today to introduce the Rural Heritage ies, including the purpose of each study; and ‘‘(A) the reason for the determination to Conservation Extension Act of 2007, ‘‘(vi) contact information to report a sus- withdraw, suspend, or failure to withdraw or along with my good friend Senator pected adverse reaction. suspend, approval for the drug or licensure ‘‘(2) NEW PRODUCTS; OUTSTANDING STUD- for the biological product; GRASSLEY from Iowa. IES.—For the first 2-year period after a drug ‘‘(B) the factual basis for such determina- As we all know, the country, and my is approved under section 505 of this Act or a tion; home State of Montana, are losing pre- biological product is licensed under section ‘‘(C) reference to supporting empirical cious agricultural and ranch lands at a 351 of the Public Health Service Act, and data; record pace. While providing Montana with respect to drugs and biological products ‘‘(D) an explanation that describes why and the Nation with the highest qual- for which there are outstanding study re- contrary data is insufficient; and ity food and fiber, these farms and quirements under subsection (d) or (e), the ‘‘(E) the position taken by each individual ranches also provide habitat for wild- Director of the Center, in consultation with consulted. the Division of Drug Marketing, Advertising, ‘‘(n) EFFECT OF SECTION.—The authorities life and the open spaces, land that and Communications of the Food and Drug conferred by this section shall be separate many of us take for granted and as- Administration, shall— from and in addition to the authorities con- sume will always be there. Montana ‘‘(A) notwithstanding section 502(n), re- ferred by section 505B. has begun to recognize the importance quire that the sponsor of such drug or bio- ‘‘(o) ADMINISTRATION OF SECTION.—The pro- of these lands. We currently have visions of this section shall be carried out by logical product submit to the Director of the 1,573,411 acres covered by conservation Center copies of all promotional material the Secretary, acting through the Director with respect to the drug or biological prod- of the Center.’’. easements. To some, that may seem uct not less than 30 days prior to the dis- (b) MISBRANDING.—Section 502 of the Fed- like a large amount, but this is Mon- semination of such material; and eral Food, Drug, and Cosmetic Act (21 U.S.C. tana, a State that covers 93,583,532 ‘‘(B) require that all promotional material 352) is amended by inserting after subsection acres, making the conservation ease- with respect to the drug or biological prod- (j) the following: ments coverage a mere 1.68 percent of uct include certain disclosures, which shall ‘‘(k) If it is a drug or biological product for which the sponsor of an application or holder all of our lands. be displayed prominently and in a manner To assure that open space and habi- easily understood by the general public, in- of an approved application or license has not cluding— complied with an order or requirement under tat will be there for future generations, ‘‘(i) a statement explaining that the drug section 507.’’. we must help our hardworking farmers or biological product is newly approved or li- (c) REPORT ON DEVICES.—Not later than 6 and ranchers preserve this precious censed or the subject of outstanding clinical months after the date of enactment of this heritage and their way-of-life. or observational studies, as the case may be, Act, the Secretary of Health and Human Conservation easements have been and, as a result, not all side effects or drug Services, in consultation with the Commis- sioner of Food and Drugs, the Director of the tremendously successful in preserving interactions may be known; open space and wildlife habitat. Last ‘‘(ii) the number of people in which the Center for Postmarket Evaluation and Re- drug or biological product has been studied search for Drugs and Biologics, and the Di- year, the Congress recognized this by and the duration of time during which the rector of the Center for Devices and Radio- providing targeted income tax relief to drug or biological product has been studied; logical Health, shall submit to Congress a re- small farmers and ranchers who wish ‘‘(iii) a statement that encourages patients port that— to make a charitable contribution of a to discuss the potential risks and benefits of (1) identifies gaps in the current process of qualified conservation easement. The treatment with their healthcare provider; postmarket surveillance of devices approved under the Federal Food, Drug, and Cosmetic provision allows eligible farmers and ‘‘(iv) a description of any requirements of ranchers to increase the amounts of de- outstanding clinical and observational stud- Act (21 U.S.C. 321 et seq.); ies, including the purpose of each study; and (2) includes recommendations on ways to duction that may be taken currently ‘‘(v) contact information to report a sus- improve gaps in postmarket surveillance of for charitable contributions of quali- pected adverse reaction. devices; and fied conservation easements by raising ‘‘(3) EFFECT OF VOLUNTARY SUBMISSION.— (3) identifies the changes in authority the Adjusted Gross Income (AGI) limi- Paragraphs (1)(A) and (2)(A) shall not apply needed to make those improvements, recog- tations to 100 percent and extending to the sponsor of a drug or biological product nizing the legitimate differences between de- the carryover period from 5 years to 15 if such sponsor has voluntarily submitted to vices and other medical products regulated by the Food and Drug Administration. years. In the case of all landowners, the Division of Drug Marketing, Advertising, the AGI limitation would be raised and Communications of the Food and Drug (d) TRANSFER OF FUNCTIONS.—The func- Administration all promotional material tions and duties of the Office of Surveillance from 30 percent to 50 percent. with respect to the drug or biological prod- and Epidemiology, including the Drug Safety The Rural Heritage Conservation Ex- uct prior to the dissemination of such mate- and Risk Management Advisory Committee, tension Act of 2007 would make this al- rial. of the Food and Drug Administration on the lowable deduction permanent, building ‘‘(m) WITHDRAWAL OR SUSPENSION OF AP- day before the date of enactment of this Act on the success of conservation ease- PROVAL OR LICENSURE.— shall be transferred to the Center for Postmarket Evaluation and Research for ments. Our farmers and ranchers will ‘‘(1) IN GENERAL.—The Director of the Cen- be able to preserve their important ag- ter, may withdraw or suspend approval of a Drugs and Biologics established under sec- drug or licensure of a biological product tion 507 of the Federal Food, Drug, and Cos- ricultural and ranching lands for fu- using expedited procedures (as prescribed by metic Act (as added by this section). The ture generations, while continuing to the Secretary in regulations promulgated Center for Postmarket Evaluation and Re- operate their businesses. Landowners, not later than 1 year after the date of enact- search for Drugs and Biologics shall be a sep- conservationists, the Federal Govern- ment of the Food and Drug Administration arate entity within the Food and Drug Ad- ment, and local communities are work- ministration and shall not be an administra- Safety Act of 2007, which shall include an op- ing together to preserve our precious portunity for an informal hearing) after con- tive office of the Center for Drug Evaluation and Research or the Center for Biologics natural resources. sultation with the Director of the Center for This legislation is vitally important Drug Evaluation and Research or the Direc- Evaluation and Research. (e) AUTHORIZATION OF APPROPRIATIONS.— tor of the Center for Biologics Evaluation to Montana, and to every other State There are authorized to be appropriated to and Research, as appropriate, and any other in the Nation. carry out this Act (and the amendments person as determined appropriate by the Di- I ask unanimous consent that the made by this Act)— rector of the Center, if— (1) $50,000,000 for fiscal year 2008; text of the bill be printed in the ‘‘(A) the Director of the Center makes a de- (2) $75,000,000 for fiscal year 2009; RECORD. termination that the drug or biological prod- (3) $100,000,000 for fiscal year 2010; There being no objection, the text of uct may present an unreasonable risk to the (4) $125,000,000 for fiscal year 2011; and the bill was ordered to be printed in health of patients or the general public, and (5) $150,000,000 for fiscal year 2012. the RECORD, as follows: that risk cannot be satisfactorily alleviated S. 469 by a corrective action under subsection (k); By Mr. BAUCUS (for himself and or Be it enacted by the Senate and House of Rep- Mr. GRASSLEY): ‘‘(B) the sponsor fails to comply with an resentatives of the United States of America in order or requirement under this section. S. 469. A bill to amend the Internal Congress assembled, Revenue Code of 1986 to make perma- ‘‘(2) PUBLIC INFORMATION.—The Secretary SECTION 1. SPECIAL RULE FOR CONTRIBUTIONS shall make available to the public, by publi- nent the special rule for contributions OF QUALIFIED CONSERVATION CON- cation in the Federal Register and posting of qualified conservation contribu- TRIBUTIONS MADE PERMANENT. on an Internet website, the details of the tions; to the Committee on Finance. (a) IN GENERAL.—

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1458 CONGRESSIONAL RECORD — SENATE January 31, 2007 (1) INDIVIDUALS.—Subparagraph (E) of sec- sional staff of such committee (under proce- 15, 2007. ISU was founded as Bloom- tion 170(b)(1) of the Internal Revenue Code of dures specified by section 202(j) of the Legis- ington-Normal in 1857. The school was 1986 (relating to contributions of qualified lative Reorganization Act of 1946). Illinois’s first public university and is conservation contributions) is amended by SEC. 3. The committee shall report its find- one of the oldest institutions of higher striking clause (vi). ings, together with such recommendations (2) CORPORATIONS.—Subparagraph (B) of for legislation as it deems advisable, to the education in the Midwest. Abraham section 170(b)(2) of such Code (relating to Senate at the earliest practicable date, but Lincoln himself drew up the legal pa- qualified conservation contributions) is not later than February 28, 2008, respec- pers to establish the University, which amended by striking clause (iii). tively. has grown from a small teachers’ col- (b) EFFECTIVE DATE.—The amendments SEC. 4. Expenses of the committee under lege to a premiere liberal arts univer- made by this section shall apply to contribu- this resolution shall be paid from the contin- sity. The University now serves more tions made in taxable years beginning after gent fund of the Senate upon vouchers ap- than 20,000 talented undergraduate and the date of the enactment of this Act. proved by the chairman of the committee, graduate students from across the except that vouchers shall not be required (1) f for the disbursement of salaries of employees country and from 88 nations. For 150 years, Illinois State Univer- SUBMITTED RESOLUTIONS paid at an annual rate, or (2) for the pay- ment of telecommunications provided by the sity has prided itself on providing a Office of the Sergeant at Arms and Door- high quality education at a cost within SENATE RESOLUTION 52—AUTHOR- keeper, United States Senate, or (3) for the the reach of most students. In fact, ISU payment of stationery supplies purchased is ranked nationally as one of the 100 IZING EXPENDITURES BY THE through the Keeper of the Stationery, United COMMITTEE ON THE BUDGET ‘‘best values’’ in public higher edu- States Senate, or (4) for payments to the cation, according to Kiplinger maga- Mr. CONRAD submitted the fol- Postmaster, United States Senate, or (5) for the payment of metered charges on copying zine. ISU students can choose the pro- lowing resolution; from the Committee gram that best fits their academic on the Budget; which was referred to equipment provided by the Office of the Ser- geant at Arms and Doorkeeper, United needs from among 63 undergraduate the Committee on Rules and Adminis- States Senate, or (6) for the payment of Sen- programs in more than 160 fields of tration. ate Recording and Photographic Services, or study. In particular, I commend Illi- S. RES. 52 (7) for payment of franked and mass mail nois State for its successful College of Resolved, That, in carrying out its powers, costs by the Sergeant at Arms and Door- Education, which continues the Uni- duties, and functions under the Standing keeper, United States Senate. versity’s long tradition of educating Rules of the Senate, in accordance with its f teachers. ISU is one of the 10 largest jurisdiction under rule XXV of such rules, in- producers of teachers in the Nation. In cluding holding hearings, reporting such SENATE RESOLUTION 53—CON- hearings, and making investigations as au- GRATULATING ILLINOIS STATE fact, nearly 1 in 7 Illinois teachers thorized by paragraphs 1 and 8 of rule XXVI UNIVERSITY AS IT MARKS ITS holds a degree from ISU. By educating of the Standing Rules of the Senate, the SESQUICENTENNIAL future teachers, Illinois State Univer- Committee on the Budget is authorized from sity has played an invaluable role in March 1, 2007, through September 30, 2007; Mr. DURBIN (for himself and Mr. shaping the education of Illinois chil- October 1, 2007, through September 30, 2008; OBAMA) submitted the following resolu- dren. and October 1, 2008, through February 28, tion; which was referred to the Illinois State hosts a large and suc- 2009, in its discretion (1) to make expendi- Committe on the Judiciary: cessful athletics program. During the tures from the contingent fund of the Sen- S. RES. 53 past 23 years, the ISU Redbirds have ate, (2) to employ personnel, and (3) with the Whereas Illinois State University marks prior consent of the Government department won 125 league titles in 19 intercolle- its sesquicentennial with a year-long cele- or agency concerned and the Committee on giate sports. Redbird competitors have bration, beginning with Founders Day on Rules and Administration, to use on a reim- gone on to be professional athletes, February 15, 2007; bursable or nonreimbursable basis the serv- Olympians, and World Series Cham- Whereas Illinois State University is the ices of personnel of any such department or oldest public university in the State of Illi- pions, as in the case of pitcher Neal agency. nois; Cotts, an ISU alumnus and member of SEC. 2. (a) The expenses of the committee Whereas Illinois State University has 34 the 2005 World Champion Chicago for the period March 1, 2007, through Sep- academic departments and offers more than White Sox team. tember 30, 2007, under this resolution shall 160 programs of study in the College of Ap- Students at Illinois State are encour- not exceed $3,554,606, of which amount (1) not plied Science and Technology, the College of to exceed $35,000 may be expended for the aged to embrace the University’s Arts and Sciences, the College of Business, procurement of the services of individual motto, ‘‘Gladly we Learn and Teach,’’ the College of Education, the College of Fine consultants, or organizations thereof (as au- both in and outside the classroom. Arts, and the Mennonite College of Nursing; thorized by section 202(i) of the Legislative Many students choose to take part in Whereas Illinois State University is 1 of Reorganization Act of 1946), and (2) not to the 10 largest producers of teachers in the public service and outreach programs exceed $70,000 may be expended for the train- Nation, and nearly 1 in 7 Illinois teachers that provide learning and service expe- ing of the professional staff of such com- holds a degree from Illinois State University; riences beyond the classroom. ISU also mittee (under procedures specified by section Whereas Milner Library at Illinois State participates in the American Democ- 202(j) of the Legislative Reorganization Act University contains more than 3 million of 1946). racy Project, an initiative that pre- holdings and special collections; (b) For the period October 1, 2007, through pares students to be engaged in a com- Whereas Illinois State University is ranked September 30, 2008, expenses of the com- petitive global society. nationally as one of the 100 ‘‘best values’’ in mittee under this resolution shall not exceed Illinois State University has proven public higher education; and $6,230,828, of which amount (1) not to exceed Whereas Illinois State University partici- itself to be a tremendous asset to the $60,000 may be expended for the procurement pates in the American Democracy Project, students and citizens of Illinois for the of the services of individual consultants, or an initiative that prepares students to en- past 150 years. I congratulate the Uni- organizations thereof (as authorized by sec- gage in a competitive global society: Now, versity on its 150th anniversary, and I tion 202(i) of the Legislative Reorganization therefore, be it Act of 1946), and (2) not to exceed $120,000 look forward to many more years of ex- Resolved, That the Senate congratulates Il- may be expended for the training of the pro- cellence in education and academic ad- linois State University as it marks its ses- fessional staff of such committee (under pro- vancement in the future. quicentennial. cedures specified by section 202(j) of the Leg- f islative Reorganization Act of 1946). Mr. DURBIN. Mr. President, I rise (c) For the period October 1, 2008, through today to congratulate Illinois State SENATE RESOLUTION 54—AUTHOR- February 28, 2009, expenses of the committee University, ISU, as it marks its 150th IZING EXPENDITURES BY THE under this resolution shall not exceed year of providing an outstanding col- COMMITTEE ON HEALTH, EDU- $2,646,665, of which amount (1) not to exceed lege education to students in the State CATION, LABOR, AND PENSIONS $25,000 may be expended for the procurement of Illinois. Mr. KENNEDY submitted the fol- of the services of individual consultants, or organizations thereof (as authorized by sec- Illinois State University commemo- lowing resolution; from the Committee tion 202(i) of the Legislative Reorganization rates its 150th anniversary this year on Health, Education, Labor, and Pen- Act of 1946), and (2) not to exceed $50,000 may with a year-long celebration that be- sions; which was referred to the Com- be expended for the training of the profes- gins with Founders Day on February mittee on Rules and Administration:

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S. RES. 54 States Senate, or (6) for the payment of Sen- (under procedures specified by section 202(j) Resolved, That, in carrying out its powers, ate Recording and Photographic Services, or of the Legislative Reorganization Act of duties, and functions under the Standing (7) for payment of franked and mass mail 1946). Rules of the Senate, in accordance with its costs by the Sergeant at Arms and Door- SEC. 3. The committee shall report its find- jurisdiction under rule XXV of such rules, in- keeper, United States Senate. ings, together with such recommendation for cluding holding hearings, reporting such SEC. 5. There are authorized such sums as legislation as it deems advisable, to the Sen- hearings, and making investigations as au- may be necessary for agency contributions ate at the earliest practicable date, but not thorized by paragraphs 1 and 8 of rule XXVI related to the compensation of employees of later than February 28, 2007, and February 28, 2008, respectively. of the Standing Rules of the Senate, the the committee from March 1, 2007, through SEC. 4. Expenses of the committee under Committee on Health, Education, Labor, and September 30, 2007, October 1, 2007 through this resolution shall be paid from the contin- Pensions is authorized from March 1, 2007, September 30, 2008; and October 1, 2008 through February 28, 2009, to be paid from gent fund of the Senate upon vouchers ap- through September 30, 2007; October 1, 2007, proved by the chairman of the committee, through September 30, 2008; and October 1, the Appropriations account for ‘‘Expenses of Inquiries and Investigations.’’ except that vouchers shall not be required 2008, through February 28, 2009, in its discre- for (1) the disbursement of salaries of em- tion (1) to make expenditures from the con- f ployees paid at an annual rate, or (2) for the tingent fund of the Senate, (2) to employ per- SENATE RESOLUTION 55—AUTHOR- payment of telecommunications provided by sonnel, and (3) with the prior consent of the the Office of the Sergeant at Arms and Door- Government department or agency con- IZING EXPENDITURES BY THE COMMITTEE ON VETERANS’ AF- keeper, United States Senate, or (3) for the cerned and the Committee on Rules and Ad- payment stationery supplies purchased ministration, to use on a reimbursable or FAIRS through the Keeper of Stationery, United non-reimbursible basis the services of per- Mr. AKAKA submitted the following States Senate, or (4) for payments to the sonnel of any such department or agency. resolution; from the Committee on Postmaster, United States Senate, or (5) for SEC. 2(a). The expenses of the committee the payment of metered charges on copying for the period March 1, 2007, through Sep- Veterans’ Affairs; which was referred to the Committee on Rules and Admin- equipment provided by the Office of the Ser- tember 30, 2007, under this resolution shall geant at Arms and Doorkeeper, United not exceed $4,794,663, of which amount (1) not istration: States Senate, or (6) for the payment of Sen- to exceed $75,000 may be expended for the S. RES. 55 ate Recording and Photographic Services, or procurement of the services of individual Resolved, That, in carrying out its powers, (7) for payment of franked and mass mail consultants, or organizations thereof (as au- duties, and functions under the Standing costs by the Sergeant at Arms and Door- thorized by section 202(i) of the Legislative Rules of the Senate, in accordance with its keeper, United States Senate. Reorganization Act of 1946, as amended), and jurisdiction under rule XXV of such rules, in- SEC. 5. There are authorized such sums as (2) not to exceed $25,000 may be expended for cluding holding hearings, reporting such may be necessary for agency contributions the training of the professional staff of such hearings, and making investigations as au- related to the compensation of employees of committee (under procedures specified by thorized by paragraphs 1 and 8 of rule XXVI the committee from March 1, 2007, through section 202(j) of the Legislative Reorganiza- of the Standing Rules of the Senate, the September 30, 2007; October 1, 2007, through tion Act of 1946). Committee on Veterans’ Affairs is author- September 30, 2008; and October 1, 2008, (b) For the period October 1, 2007, through ized from March 1, 2007, through September through February 28, 2009, to be paid from September 30, 2008, expenses of the com- 30, 2007; October 1, 2007, through September the appropriations account for ‘‘Expenses of mittee under this resolution shall not exceed 30, 2008; and October 1, 2008, through Feb- Inquiries and Investigations.’’ $8,402,456, of which amount (1) not to exceed ruary 28, 2009, in its discretion (1) to make f $75,000 may be expended for the procurement expenditures from the contingent fund of the of the services of individual consultants, or Senate, (2) to employ personnel, and (3) with SENATE RESOLUTION 56—AUTHOR- organizations thereof (as authorized by sec- the prior consent of the Government depart- IZING EXPENDITURES BY THE tion 202(i) of the Legislative Reorganization ment or agency concerned and the Com- COMMITTEE ON BANKING, HOUS- Act of 1946, as amended), and (2) not to ex- mittee on Rules and Administration, to use ING, AND URBAN AFFAIRS ceed $25,000 may be expended for the training on a reimbursable or non-reimbursable basis Mr. DODD submitted the following of the professional staff of such committee the services of personnel of any such depart- (under procedures specified by section 202(j) ment or agency. resolution; from the Committee on of the Legislative Reorganization Act of SEC. 2. (a) The expenses of the committee Banking, Housing, and Urban Affairs; 1946). for the period March 1, 2007, through Sep- which was referred to the Committee (c) For the period October 1, 2008, through tember 30, 2007, under this resolution shall on Rules and Administration: February 28, 2009, expenses of the committee not exceed $1,259,442 of which amount (1) not S. RES. 56 under this resolution shall not exceed to exceed $59,000 may be expended for the Resolved, That, in carrying out its powers, $3,568,366, of which amount (1) not to exceed procurement of the services of individual duties, and functions under the Standing $75,000 may be expended for the procurement consultants, or organizations thereof (as au- Rules of the Senate, in accordance with its of the services of individual consultants, or thorized by section 202(i) of the Legislative jurisdiction under rule XXV of such rules, in- organizations thereof (as authorized by sec- Reorganization Act of 1946, as amended), and cluding holding hearings, reporting such tion 202(i) of the Legislative Reorganization (2) not to exceed $12,000 may be expended for hearings, and making investigations as au- Act of 1946, as amended), and (2) not to ex- the training of the professional staff of such thorized by paragraphs 1 and 8 of rule XXVI ceed $25,000 may be expended for the training committee (under procedures specified by of the Standing Rules of the Senate, the of the professional staff of such committee section 202(j) of the Legislative Reorganiza- Committee on Banking, Housing, and Urban (under procedures specified by section 202(j) tion Act of 1946). Affairs is authorized from March 1, 2007 of the Legislative Reorganization Act of (b) For the period October 1, 2007, through through September 30, 2007; October 1, 2007, 1946). September 30, 2008, expenses of the com- through September 30,2008, and October 1, SEC. 3. The committee shall report its find- mittee under this resolution shall not exceed 2008, through February 28, 2009, in its discre- ings, together with such recommendations $2,207,230 of which amount (1) not to exceed tion (1) to make expenditures from the con- for legislation as it deems advisable, to the $100,000 may be expended for the procure- tingent fund of the Senate, (2) to employ per- Senate at the earliest practicable date, but ment of the services of individual consult- sonnel, and (3) with the prior consent of the not later than February 29, 2008 and Feb- ants, or organizations thereof (as authorized Government department or agency con- ruary 28, 2009, respectively. by section 202(I)of the Legislative Reorga- cerned and the Committee on Rules and Ad- SEC. 4. Expenses of the committee under nization Act of 1946, as amended), and (2) not ministration, to use on a reimbursable or this resolution shall be paid from the contin- to exceed $20,000 may be expended for the nonreimbursable basis the services of per- gent fund of the Senate upon vouchers ap- training of the professional staff of such sonnel of any such department or agency. proved by the chairman of the committee, committee (under procedures specified by SEC. 2. (a) The expenses of the committee except that vouchers shall not be required (1) section 202(j) of the Legislative Reorganiza- for the Period March 1, 2007, through Sep- for the disbursement of salaries of employees tion Act of 1946). tember 30, 2007, under this resolution shall paid at an annual rate, or (2) for the pay- (c) For the period October 1, 2007, through not exceed $3,370,280 of which amount (1) not ment of telecommunications provided by the February 28, 2008, expenses of the committee to exceed $12,000 may be expended for the Office of the Sergeant at Arms and Door- under this resolution shall not exceed procurement of the services of individual keeper, United States Senate, or (3) for the $937,409, of which amount (1) not to exceed consultants, or organizations thereof (as au- payment of stationery supplies purchased $42,000 may be expended for the procurement thorized by section 202(i) of the Legislative through the Keeper of the Stationery, United of the services of individual consultants, or Reorganization Act of 1946, as amended), and States Senate, or (4) for payments to the organizations thereof (as authorized by sec- (2) not to exceed $700 may be expended for Postmaster, United States Senate, or (5) for tion 202(i)of the Legislative Reorganization the training of the professional staff of such the payment of metered charges on copying Act of 1946, as amended), and (2) not to ex- committee (under procedures specified by equipment provided by the Office of the Ser- ceed $8,334 may be expended for the training section 202(j) of the Legislative Reorganiza- geant at Arms and Doorkeeper, United of the professional staff of such committee tion Act of 1946).

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1460 CONGRESSIONAL RECORD — SENATE January 31, 2007 (b) For the period October 1, 2007, through through September 30, 2007; October 1, 2007 to SENATE RESOLUTION 58—AUTHOR- September 30, 2008, expenses of the com- September 30, 2008; and October 1, 2008 IZING EXPENDITURES BY THE mittee under this resolution shall not exceed through February 28, 2009, in its discretion COMMITTEE ON COMMERCE, (1) to make expenditures from the contin- $5,905,629 of which amount (1) not to exceed SCIENCE, AND TRANSPORTATION $20,000 may be expended for the procurement gent fund of the Senate, (2) to employ per- of the services of individual consultants, or sonnel, and (3) with the prior consent of the Mr. INOUYE submitted the following organizations thereof (as authorized by sec- Government department or agency con- resolution; from the Committee on tion 202(i) of the Legislative Reorganization cerned and the Committee on Rules and Ad- Commerce, Science, and Transpor- Act of 1946, as amended), and (2) not to ex- ministration, to use on a reimbursable or tation; which was referred to the Com- non-reimbursable basis the services of per- ceed $1200 may be expended for the training mittee on Rules and Administration: of the professional staff of such committee sonnel of any such department or agency. S. RES. 58 (under procedures specified by section 202(j) SEC. 2. (a) The expenses of the committee of the Legislative Reorganization Act of for the period March 1, 2007, through Sep- Resolved, That, in carrying out its powers, 1946). tember 30, 2007, under this resolution shall duties, and functions under the Standing (c) For the period of October 1, 2008, not exceed $2,204,538, of which amount (1) not Rules of the Senate, in accordance with its through February 28, 2009, expenses of the to exceed $200,000 may be expended for the jurisdiction under rule XXV of such rules, in- committee under this resolution shall not procurement of the services of individual cluding holding hearings, reporting such exceed $2,507,776 of which amount (1) not to consultants, or organizations thereof (as au- hearings, and making investigations as au- exceed $8,000 may be expended for the pro- thorized by section 202(i) of the Legislative thorized by paragraphs 1 and 8 of rule XXVI curement of the services of individual con- Reorganization Act of 1946, as amended), and of the Standing Rules of the Senate, the sultants, or organizations thereof (as author- (2) not to exceed $40,000 may be expended for Committee on Commerce, Science, and ized by section 202(i) of the Legislative Reor- the training of the professional staff of such Transportation is authorized from March 1, ganization Act of 1946, as amended), and (2) committee (under procedures specified by 2007, through September 30, 2007, October 1, not to exceed $500 may be expended for the section 202(j) of the Legislative Reorganiza- 2007, through September 30, 2008, and October tion Act of 1946). training of the professional staff of such 1, 2008, through February 28, 2009, in its dis- (b) For the period October 1, 2007, through committee (under procedures specified by cretion (1) to make expenditures from the September 30, 2008, expenses of the com- section 202(j) of the Legislative Reorganiza- contingent fund of the Senate, (2) to employ mittee under this resolution shall not exceed personnel, and (3) with the prior consent of tion Act of 1946). $3,862,713, of which amount (1) not to exceed SEC. 3. The committee shall report its find- the Government department or agency con- $200,000 may be expended for the procure- ings, together with such recommendations cerned and the Committee on Rules and Ad- ment of the services of individual consult- for legislation as it deems advisable, to the ministration, to use on a reimbursable or ants, or organizations thereof (as authorized Senate at the earliest practicable date, but non-reimbursable basis the services of per- by section 202(i) of the Legislative Reorga- not later than February 28, 2009. sonnel of any such department or agency. nization Act of 1946, as amended), and (2) not SEC. 4. Expenses of the committee under SEC. 2. (a) The expenses of the Committee to exceed $40,000 may be expended for the this resolution shall be paid from the contin- for the period from March 1, 2007, through training of the professional staff of such gent fund of the Senate upon vouchers ap- September 30, 2007, under this resolution committee (under procedures specified by proved by the Chairman of the committee, shall not exceed $3,652,466, of which amount section 202(j) of the Legislative Reorganiza- except that vouchers shall not be required (1) (1) not to exceed $50,000 may be expended for tion Act of 1946). the procurement of the services of individual for the disbursement of salaries of employees (c) For the period October 1, 2008, through consultants, or organizations thereof (as au- paid at an annual rate, or (2) for the pay- February 28, 2009, expenses of the committee thorized by section 202(i) of the Legislative ment of telecommunications provided by the under this resolution shall not exceed Reorganization Act of 1946, as amended), and Office of the Sergeant at Arms and Door- $1,640,188, of which amount (1) not to exceed (2) not to exceed $50,000 may be expended for keeper, United States Senate, or (3) for the $200,000 may be expended for the procure- the training of the professional staff of the payment of stationery supplies purchased ment of the services of individual consult- Committee (under procedures specified by through the Keeper of the Stationery, United ants, or organizations thereof (as authorized section 202(j) of the Legislative Reorganiza- States Senate, or (4) for payments to the by section 202(i) of the Legislative Reorga- Postmaster, United States Senate, or (5) for nization Act of 1946, as amended), and (2) not tion Act of 1946). (b) For the period October 1, 2007, through the payment of metered charges on copying to exceed $40,000 may be expended for the September 30, 2008, expenses of the Com- equipment provided by the Office of the Ser- training of the professional staff of such mittee under this resolution shall not exceed geant at Arms and Doorkeeper, United committee (under procedures specified by $6,400,559, of which amount (1) not to exceed States Senate, or (6) for the payment of Sen- section 202(j) of the Legislative Reorganiza- $50,000 may be expended for the procurement ate Recording and Photographic Services, or tion Act of 1946). (7) for payment of franked and mass mail SEC. 3. The committee shall report its find- of the services of individual consultants, or costs by the Sergeant at Arms and Door- ings, together with such recommendations organizations thereof (as authorized by sec- keeper, United States Senate. for legislation as it deems advisable, to the tion 202(i) of the Legislative Reorganization SEC. 5. There are authorized such sums as Senate at the earliest practicable date, but Act of 1946, as amended), and (2) not to ex- may be necessary for agency contributions not later than February 28, 2009. ceed $50,000 may be expended for the training related to the compensation of employees of SEC. 4. Expenses of the committee under of the professional staff of the Committee the committee from March 1, 2007, through this resolution shall be paid from the contin- (under procedures specified by section 202(j) September 30, 2007; October 1, 2007, through gent fund of the Senate upon vouchers ap- of the Legislative Reorganization Act of September 30, 2008; and October 1, 2008, proved by the chairman of the committee, 1946). through February 28, 2009, to be paid from except that vouchers shall not be required (1) (c) For the period October 1, 2008, through the Appropriations account for ‘‘Expenses of for the disbursement of salaries of employees February 28, 2009, expenses of the committee Inquiries and Investigations.’’ paid at an annual rate, or (2) for the pay- under this resolution shall not exceed $2,718,113, of which amount (1) not to exceed f ment of telecommunications provided by the Office of the Sergeant at Arms and Door- $50,000 may be expended for the procurement SENATE RESOLUTION 57—AUTHOR- keeper, United States Senate, or (3) for the of the services of individual consultants, or IZING EXPENDITURES BY THE payment of stationery supplies purchased organizations thereof (as authorized by sec- COMMITTEE ON AGRICULTURE, through the Keeper of the Stationery, United tion 202(i) of the Legislative Reorganization NUTRITION, AND FORESTRY States Senate, or (4) for payments to the Act of 1946, as amended), and (2) not to ex- Postmaster, United States Senate, or (5) for ceed $50,000 may be expended for the training Mr. HARKIN submitted the following the payment of metered charges on copying of the professional staff of such committee resolution; from the Committee on Ag- equipment provided by the Office of the Ser- (under procedures specified by section 202(j) riculture, Nutrition, and Forestry; geant at Arms and Doorkeeper, United of the Legislative Reorganization Act of which was referred to the Committee States Senate, or (6) for the payment of Sen- 1946). on Rules and Administration: ate Recording and Photographic Services or SEC. 3. The Committee shall report its (7) for payment of franked and mass mail findings, together with such recommenda- S. RES. 57 costs by the Sergeant at Arms and Door- tions for legislation as it deems advisable, to Resolved, That, in carrying out its powers, keeper, United States Senate. the Senate at the earliest practicable date, duties, and functions under the Standing SEC. 5. There are authorized such sums as but not later than February 29, 2008, and Rules of the Senate, in accordance with its may be necessary for agency contributions February 28, 2009, respectively. jurisdiction under rule XXV of such rules, in- related to the compensation of employees of SEC. 4. Expenses of the Committee under cluding holding hearings, reporting such the committee from March 1, 2007, through this resolution shall be paid from the contin- hearings, and making investigations as au- September 30, 2007; October 1, 2007, through gent fund of the Senate upon vouchers ap- thorized by paragraphs 1 and 8 of rule XXVI September 30, 2008; and October 1, 2008 proved by the chairman of the Committee, of the Standing Rules of the Senate, the through February 28, 2009 to be paid from the except that vouchers shall not be required (1) Committee on Agriculture, Nutrition and Appropriations account for ‘‘Expenses of In- for the disbursement of salaries of employees Forestry is authorized from March 1, 2007, quiries and Investigations.’’ paid at an annual rate, (2) for the payment of

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1461 telecommunications provided by the Office $3,120,762, of which amount (1) not to exceed able, basis the services of personnel of any of the Sergeant at Arms and Doorkeeper, $12,500 may be expended for the procurement such department or agency. United States Senate, (3) for the payment of of the services of individual consultants, or (b) EXPENSES FOR PERIOD ENDING SEP- stationery supplies purchased through the organizations thereof (as authorized by sec- TEMBER 30, 2007.—The expenses of the com- Keeper of the Stationery, United States Sen- tion 202(i) of the Legislative Reorganization mittee for the period March 1, 2007, through ate, (4) for payments to the Postmaster, Act of 1946, as amended), and (2) not to ex- September 30, 2007, under this section shall United States Senate, (5) for the payment of ceed $4,167 may be expended for the training not exceed $5,393,404, of which amount— metered charges on copying equipment pro- of the professional staff of such committee (1) not to exceed $75,000, may be expended vided by the Office of the Sergeant at Arms (under procedures specified by section 202(j) for the procurement of the services of indi- and Doorkeeper, United States Senate, (6) of the Legislative Reorganization Act of vidual consultants, or organizations thereof for the payment of Senate Recording and 1946.) (as authorized by section 202(i) of the Legis- Photographic Services, or (7) for the pay- SEC. 3. The committee shall report its find- lative Reorganization Act of 1946 (2 U.S.C. ment of franked and mass mail costs by the ings, together with such recommendations 72a(i))); and Office of the Sergeant at Arms and Door- for legislation as it deems advisable, to the (2) not to exceed $20,000, may be expended keeper, United States Senate. Senate at the earliest practicable date, but for the training of the professional staff of SEC. 5. There are authorized such sums as not later than February 28, 2009. the committee (under procedures specified may be necessary for agency contributions SEC. 4. Expenses of the committee under by section 202(j) of that Act). related to the compensation of employees of this resolution shall be paid from the contin- (c) EXPENSES FOR FISCAL YEAR 2008 PE- the Committee from March 1, 2007, through gent fund of the Senate upon vouchers ap- RIOD.—The expenses of the committee for the September 30, 2007, October 1, 2007, through proved by the chairman of the committee, period October 1, 2007, through September 30, September 30, 2008, and October 1, 2008, except that vouchers shall not be required (1) 2008, under this section shall not exceed through February 28, 2009, to be paid from for the disbursement of salaries of employees $9,451,962, of which amount— the Appropriations account for ‘‘Expenses of paid at an annual rate, or (2) for the pay- (1) not to exceed $75,000, may be expended Inquiries and Investigations’’. ment of telecommunications provided by the for the procurement of the services of indi- vidual consultants, or organizations thereof f Office of the Sergeant at Arms and Door- keeper, United States Senate, or (3) for the (as authorized by section 202(i) of the Legis- SENATE RESOLUTION 59—AUTHOR- payment of stationery supplies purchased lative Reorganization Act of 1946 (2 U.S.C. IZING EXPENDITURES BY THE through the Keeper of the Stationery, United 72a(i))); and COMMITTEE ON FINANCE States Senate, or (4) for payments to the (2) not to exceed $20,000, may be expended for the training of the professional staff of Mr. BAUCUS submitted the following Postmaster, United States Senate, or (5) for the payment of metered charges on copying the committee (under procedures specified resolution; from the Committee on Fi- equipment provided by the Office of the Ser- by section 202(j) of that Act). nance; which was referred to the Com- geant at Arms and Doorkeeper, United (d) EXPENSES FOR PERIOD ENDING FEBRUARY 28, 2009.—For the period October 1, 2008, mittee on Rules and Administration: States Senate, or (6) for the payment of Sen- through February 28, 2009, expenses of the ate Recording and Photographic Services, or S. RES. 59 committee under this section shall not ex- (7) for payment of franked and mass mail Resolved, That, in carrying out its powers, ceed $4,014,158, of which amount— costs by the Sergeant at Arms and Door- duties, and functions under the Standing (1) not to exceed $75,000, may be expended keeper, United States Senate. Rules of the Senate, in accordance with its for the procurement of the services of indi- SEC. 5. There are authorized such sums as jurisdiction under rule XXV of such rules, in- vidual consultants, or organizations thereof may be necessary for agency contributions cluding holding hearings, reporting such (as authorized by section 202(i) of the Legis- related to the compensation of employees of hearings, and making investigations as au- lative Reorganization Act of 1946); and the committee from March 1, 2007, through thorized by paragraphs 1 and 8 of rule XXVI (2) not to exceed $20,000, may be expended September 30, 2007; October 1, 2007 through of the Standing Rules of the Senate, the for the training of the professional staff of September 30, 2008; and October 1, 2008 Committee on Finance is authorized from the committee (under procedures specified through February 28, 2009, to be paid from March 1, 2007, through September 30, 2007; by section 202(j) of that Act). October 1, 2007, through September 30, 2008; the Appropriations account for ‘‘Expenses of Inquiries and Investigations.’’ SEC. 2. REPORTING LEGISLATION. and October 1, 2008, through February 28, The committee shall report its findings, 2009, in its discretion (1) to make expendi- f together with such recommendations for leg- tures from the contingent fund of the Sen- SENATE RESOLUTION 60—AUTHOR- islation as it deems advisable, to the Senate ate, (2) to employ personnel, and (3) with the at the earliest practicable date, but not later prior consent of the Government department IZING EXPENDITURES BY THE than February 28, 2009. or agency concerned and the Committee on COMMITTEE ON HOMELAND SE- SEC. 3. EXPENSES; AGENCY CONTRIBUTIONS; Rules and Administration, to use on a reim- CURITY AND GOVERNMENTAL AND INVESTIGATIONS. bursable or non-reimbursable basis the serv- AFFAIRS (a) EXPENSES OF THE COMMITTEE.— ices of personnel of any such department or (1) IN GENERAL.—Except as provided in agency. Mr. LIEBERMAN submitted the fol- paragraph (2), any expenses of the committee SEC. 2. (a) The expenses of the committee lowing resolution; from the Committee under this resolution shall be paid from the for the period March 1, 2007, through Sep- on Homeland Security and Govern- contingent fund of the Senate upon vouchers tember 30, 2007, under this resolution shall mental Affairs; which was referred to approved by the chairman of the committee. not exceed $4,203,707, of which amount (1) not the Committee on Rules and Adminis- (2) VOUCHERS NOT REQUIRED.—Vouchers to exceed $17,500 may be expended for the tration: shall not be required for— procurement of the services of individual (A) the disbursement of salaries of employ- S. RES. 60 consultants, or organizations thereof (as au- ees of the committee who are paid at an an- thorized by section 202(i) of the Legislative Resolved, nual rate; Reorganization Act of 1946, as amended), and SECTION 1. COMMITTEE ON HOMELAND SECU- (B) the payment of telecommunications ex- (2) not to exceed $5,833 may be expended for RITY AND GOVERNMENTAL AFFAIRS. penses provided by the Office of the Sergeant the training of the professional staff of such (a) GENERAL AUTHORITY.—In carrying out at Arms and Doorkeeper; committee (under procedures specified by its powers, duties, and functions under the (C) the payment of stationery supplies pur- section 202(j) of the Legislative Reorganiza- Standing Rules of the Senate, in accordance chased through the Keeper of Stationery; tion Act of 1946). with its jurisdiction under rule XXV of such (D) payments to the Postmaster of the (b) For the period October 1, 2007, through rules and S. Res. 445 (108th Congress), includ- Senate; September 30, 2008, expenses of the com- ing holding hearings, reporting such hear- (E) the payment of metered charges on mittee under this resolution shall not exceed ings, and making investigations as author- copying equipment provided by the Office of $7,356,895, of which amount (1) not to exceed ized by paragraphs 1 and 8 of rule XXVI of the Sergeant at Arms and Doorkeeper; $30,000 may be expended for the procurement the Standing Rules of the Senate, the Com- (F) the payment of Senate Recording and of the services of individual consultants, or mittee on Homeland Security and Govern- Photographic Services; or organizations thereof (as authorized by sec- mental Affairs (referred to in this resolution (G) for payment of franked and mass mail tion 202(i) of the Legislative Reorganization as the ‘‘committee’’) is authorized from costs by the Sergeant at Arms and Door- Act of 1946, as amended), and (2) not to ex- March 1, 2007, through February 28, 2009, in keeper, United States Senate. ceed $10,000 may be expended for the training its discretion— (b) AGENCY CONTRIBUTIONS.—There are au- of the professional staff of such committee (1) to make expenditures from the contin- thorized such sums as may be necessary for (under procedures specified by section 202(j) gent fund of the Senate; agency contributions related to the com- of the Legislative Reorganization Act of (2) to employ personnel; and pensation of employees of the committee for 1946). (3) with the prior consent of the Govern- the period March 1, 2007, through September (c) For the period October 1, 2008, through ment department or agency concerned and 30, 2007, for the period October 1, 2007, February 28, 2009, expenses of the committee the Committee on Rules and Administration, through September 30, 2008, and for the pe- under this resolution shall not exceed to use on a reimbursable, or nonreimburs- riod October 1, 2008, through February 28,

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1462 CONGRESSIONAL RECORD — SENATE January 31, 2007 2009, to be paid from the appropriations ac- Government involved in the control and SENATE RESOLUTION 61—DESIG- count for ‘Expenses of Inquiries and Inves- management of energy shortages including, NATING JANUARY 2007 AS ‘‘NA- tigations’ of the Senate. but not limited to, their performance with TIONAL MENTORING MONTH’’ (c) INVESTIGATIONS.— respect to— (1) IN GENERAL.—The committee, or any (i) the collection and dissemination of ac- Mr. KENNEDY (for himself, Mr. duly authorized subcommittee of the com- curate statistics on fuel demand and supply; mittee, is authorized to study or inves- MCCAIN, Mr. AKAKA, Mr. BOND, Mr. (ii) the implementation of effective energy tigate— BURR, Ms. CANTWELL, Mr. CARPER, Mrs. conservation measures; (A) the efficiency and economy of oper- CLINTON, Mr. COCHRAN, Mr. COLEMAN, (iii) the pricing of energy in all forms; ations of all branches of the Government in- Mr. CONRAD, Mr. DODD, Mrs. DOLE, Mr. (iv) coordination of energy programs with cluding the possible existence of fraud, mis- DOMENICI, Mr. DURBIN, Mr. ENSIGN, Mr. feasance, malfeasance, collusion, mis- State and local government; GRASSLEY, Mr. ISAKSON, Mr. KERRY, management, incompetence, corruption, or (v) control of exports of scarce fuels; unethical practices, waste, extravagance, (vi) the management of tax, import, pric- Ms. LANDRIEU, Mr. LEAHY, Mr. LEVIN, conflicts of interest, and the improper ex- ing, and other policies affecting energy sup- Ms. MURKOWSKI, Mr. PRYOR, Mr. SAND- penditure of Government funds in trans- plies; ERS, Mr. REID, and Mr. SPECTER) sub- actions, contracts, and activities of the Gov- (vii) maintenance of the independent sec- mitted the following resolution; which ernment or of Government officials and em- tor of the petroleum industry as a strong was considered and agreed to: ployees and any and all such improper prac- competitive force; tices between Government personnel and (viii) the allocation of fuels in short supply S. RES. 61 corporations, individuals, companies, or per- by public and private entities; Whereas mentoring is a long-standing tra- sons affiliated therewith, doing business (ix) the management of energy supplies dition with modern applications in which an with the Government; and the compliance or owned or controlled by the Government; adult provides guidance, support, and en- noncompliance of such corporations, compa- (x) relations with other oil producing and couragement to help with a young person’s nies, or individuals or other entities with the consuming countries; social, emotional, and cognitive develop- rules, regulations, and laws governing the ment; various governmental agencies and its rela- (xi) the monitoring of compliance by gov- ernments, corporations, or individuals with Whereas research provides strong evidence tionships with the public; that mentoring can promote positive out- the laws and regulations governing the allo- (B) the extent to which criminal or other comes for young people, such as an increased cation, conservation, or pricing of energy improper practices or activities are, or have sense of industry and competency, a boost in supplies; and been, engaged in the field of labor-manage- academic performance and self-esteem, and ment relations or in groups or organizations (xii) research into the discovery and devel- improved social and communications skills; of employees or employers, to the detriment opment of alternative energy supplies; and Whereas studies of mentoring further show of interests of the public, employers, or em- (G) the efficiency and economy of all that a quality mentoring relationship suc- ployees, and to determine whether any branches and functions of Government with cessfully reduces the incidence of risky be- changes are required in the laws of the particular references to the operations and haviors, delinquency, absenteeism, and aca- United States in order to protect such inter- management of Federal regulatory policies demic failure; ests against the occurrence of such practices and programs. Whereas mentoring is a frequently used or activities; (2) EXTENT OF INQUIRIES.—In carrying out term and a well-accepted practice in many (C) organized criminal activity which may the duties provided in paragraph (1), the in- sectors of our society; operate in or otherwise utilize the facilities quiries of this committee or any sub- Whereas thanks to the remarkable cre- of interstate or international commerce in ativity, vigor, and resourcefulness of the furtherance of any transactions and the committee of the committee shall not be thousands of mentoring programs and mil- manner and extent to which, and the iden- construed to be limited to the records, func- lions of volunteer mentors in communities tity of the persons, firms, or corporations, or tions, and operations of any particular throughout the Nation, quality mentoring other entities by whom such utilization is branch of the Government and may extend has grown dramatically in the past 15 years, being made, and further, to study and inves- to the records and activities of any persons, and there are now 3,000,000 young people in tigate the manner in which and the extent to corporation, or other entity. the United States who are being mentored; which persons engaged in organized criminal (3) SPECIAL COMMITTEE AUTHORITY.—For Whereas in spite of the strides made in the activity have infiltrated lawful business en- the purposes of this subsection, the com- mentoring field, the Nation has a serious terprise, and to study the adequacy of Fed- mittee, or any duly authorized sub- ‘‘mentoring gap,’’ with nearly 15,000,000 eral laws to prevent the operations of orga- committee of the committee, or its chair- young people currently in need of mentors; nized crime in interstate or international man, or any other member of the committee commerce; and to determine whether any Whereas a recent study confirmed that one or subcommittee designated by the chair- of the most critical challenges that men- changes are required in the laws of the man, from March 1, 2007, through February United States in order to protect the public toring programs face is recruiting enough 28, 2009, is authorized, in its, his, her, or their mentors to help close the mentoring gap; against such practices or activities; discretion— (D) all other aspects of crime and lawless- Whereas the designation of January 2007 as (A) to require by subpoena or otherwise the ness within the United States which have an National Mentoring Month will help call at- attendance of witnesses and production of impact upon or affect the national health, tention to the critical role mentors play in correspondence, books, papers, and docu- welfare, and safety; including but not lim- helping young people realize their potential; ited to investment fraud schemes, com- ments; Whereas the month-long celebration of modity and security fraud, computer fraud, (B) to hold hearings; mentoring will encourage more organiza- and the use of offshore banking and cor- (C) to sit and act at any time or place dur- tions across the Nation, including schools, porate facilities to carry out criminal objec- ing the sessions, recess, and adjournment pe- businesses, nonprofit organizations and faith tives; riods of the Senate; institutions, foundations, and individuals to (E) the efficiency and economy of oper- (D) to administer oaths; and become engaged in mentoring; ations of all branches and functions of the (E) to take testimony, either orally or by Whereas National Mentoring Month will, Government with particular reference to— sworn statement, or, in the case of staff most importantly, build awareness of men- (i) the effectiveness of present national se- members of the Committee and the Perma- toring and encourage more individuals to be- come mentors, helping close the Nation’s curity methods, staffing, and processes as nent Subcommittee on Investigations, by mentoring gap; and tested against the requirements imposed by deposition in accordance with the Com- Whereas the President has issued a procla- the rapidly mounting complexity of national mittee Rules of Procedure. mation declaring January 2007 to be Na- security problems; (4) AUTHORITY OF OTHER COMMITTEES.— (ii) the capacity of present national secu- tional Mentoring Month and calling on the Nothing contained in this subsection shall people of the United States to recognize the rity staffing, methods, and processes to affect or impair the exercise of any other make full use of the Nation’s resources of importance of mentoring, to look for oppor- standing committee of the Senate of any tunities to serve as mentors in their commu- knowledge and talents; power, or the discharge by such committee (iii) the adequacy of present intergovern- nities, and to observe the month with appro- of any duty, conferred or imposed upon it by mental relations between the United States priate activities and programs: Now, there- the Standing Rules of the Senate or by the and international organizations principally fore, be it Legislative Reorganization Act of 1946. concerned with national security of which Resolved, That the Senate— the United States is a member; and (5) SUBPOENA AUTHORITY.—All subpoenas (1) designates the month of January 2007 as (iv) legislative and other proposals to im- and related legal processes of the committee ‘‘National Mentoring Month’’; prove these methods, processes, and relation- and its subcommittee authorized under S. (2) recognizes with gratitude the contribu- ships; Res. 50, agreed to February 17, 2005 (109th tions of the millions of caring adults who are (F) the efficiency, economy, and effective- Congress), are authorized to continue. already serving as mentors and encourages ness of all agencies and departments of the more adults to volunteer as mentors; and

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1463 (3) encourages the people of the United on Rules and Administration; which geant at Arms and Doorkeeper, United States to observe the month with appro- was placed on the calendar: States Senate, or (6) for the payment of Sen- priate ceremonies and activities that pro- ate Recording and Photographic Services, or S. RES. 63 mote awareness of, and volunteer involve- (7) for payment of franked and mass mail ment with, youth mentoring. Resolved, That in carrying out its powers, costs by the Sergeant at Arms and Door- duties, and functions under the Standing keeper, United States Senate. f Rules of the Senate, in accordance with its SEC. 5. There are authorized such sums as SENATE RESOLUTION 62—RECOG- jurisdiction under rule XXV of such rules, in- may be necessary for agency contributions cluding holding hearings, reporting such NIZING THE GOALS OF CATHOLIC related to the compensation of employees of hearings, and making investigations as au- the committee from March 1, 2007, through SCHOOLS WEEK AND HONORING thorized by paragraphs 1 and 8 of rule XXVI THE VALUABLE CONTRIBUTIONS September 30, 2007; October 1, 2007, through of the Standing Rules of the Senate, the September 30, 2008; and October 1, 2008, OF CATHOLIC SCHOOLS IN THE Committee on Rules and Administration is through February 28, 2009, to be paid from UNITED STATES authorized from March 1, 2007, through Sep- the Appropriations account for ‘‘Expenses of tember 30, 2007; October 1, 2007, through Sep- Inquiries and Investigations’’. Mr. VITTER (for himself and Ms. tember 30, 2008; and, October 1, 2008, through LANDRIEU) submitted the following res- February 28, 2009, in its discretion (1) to f olution; which was considered and make expenditures from the contingent fund SENATE CONCURRENT RESOLU- agreed to: of the Senate, (2) to employ personnel, and TION 5—HONORING THE LIFE OF S. RES. 62 (3) with the prior consent of the Government department or agency concerned and the PERCY LAVON JULIAN, A PIO- Whereas Catholic schools in the United Committee on Rules and Administration, to NEER IN THE FIELD OF ORGANIC States have received international acclaim use on a reimbursable or non reimbursable CHEMISTRY AND THE FIRST AND for academic excellence while providing stu- basis the services of personnel of any such ONLY AFRICAN-AMERICAN CHEM- dents with lessons that extend far beyond department or agency. the classroom; IST TO BE INDUCTED INTO THE SEC. 2. (a) The expenses of the committee Whereas Catholic schools present a broad NATIONAL ACADEMY OF for the period March 1, 2007, through Sep- SCIENCES curriculum that emphasizes the lifelong de- tember 30, 2007, under this resolution shall velopment of moral, intellectual, physical, not exceed $1,461,012, of which amount (1) not Mr. OBAMA (for himself, Mr. DURBIN, and social values in the young people of the to exceed $30,000 may be expended for the Mr. DODD, Mr. LUGAR, Mr. LIEBERMAN, United States; procurement of the services of individual and Mr. BAYH) submitted the following Whereas Catholic schools in the United consultants, or organizations thereof (as au- States today educate 2,363,220 students and concurrent resolution; which was re- thorized by section 202(i) of the Legislative ferred to the Committee on the Judici- maintain a student-to-teacher ratio of 15 to Reorganization Act of 1946, as amended), and 1; (2) not to exceed $6,000 may be expended for ary: Whereas the faculty members of Catholic the training of the professional staff of such S. CON. RES. 5 schools teach a highly diverse body of stu- committee (under procedures specified by Whereas Percy Julian was born on April 11, dents; section 202(j) of the Legislative Reorganiza- 1899 in Montgomery, Alabama, the son of a Whereas the graduation rate for all Catho- tion Act of 1946). railway clerk and the first member of his lic school students is 95 percent; (b) For the period October 1, 2007, through family to attend college; Whereas 83 percent of Catholic high school September 30, 2008, expenses of the com- Whereas Percy Julian graduated from graduates go on to college; mittee under this resolution shall not exceed DePauw University in 1920 and received a Whereas Catholic schools produce students $2,561,183, of which amount (1) not to exceed M.S. degree from Harvard University in 1923 strongly dedicated to their faith, values, $50,000 may be expended for the procurement and a Ph.D. from the University of Vienna in families, and communities by providing an of the services of individual consultants, or 1931; intellectually stimulating environment rich organizations thereof (as authorized by sec- Whereas, in 1935, Dr. Julian became the in spiritual character and moral develop- tion 202(i) of the Legislative Reorganization first to discover a process to synthesize phy- ment; and Act of 1946, as amended), and (2) not to ex- sostigmine, the drug used in the treatment Whereas in the 1972 pastoral message con- ceed $10,000 may be expended for the training of glaucoma; cerning Catholic education, the National of the professional staff of such committee Whereas Dr. Julian later pioneered a com- Conference of Catholic Bishops stated, ‘‘Edu- (under procedures specified by section 202(j) mercial process to synthesize cortisone from cation is one of the most important ways by of the Legislative Reorganization Act of soy beans, enabling the widespread use of which the Church fulfills its commitment to 1946). cortisone as an affordable treatment for ar- the dignity of the person and building of (c) For the period October 1, 2008, through thritis; community. Community is central to edu- February 28, 2009, expenses of the committee Whereas Dr. Julian was the first African- cation ministry, both as a necessary condi- under this resolution shall not exceed American chemist elected to the National tion and an ardently desired goal. The edu- $1,087,981, of which amount (1) not to exceed Academy of Sciences in 1973 for his lifetime cational efforts of the Church, therefore, $21,000 may be expended for the procurement of scientific accomplishments, held over 130 must be directed to forming persons-in-com- of the services of individual consultants, or patents at the time of his death in 1975, and munity; for the education of the individual organizations thereof (as authorized by sec- dedicated much of his life to the advance- Christian is important not only to his soli- tion 202(i) of the Legislative Reorganization ment of African Americans in the sciences; tary destiny, but also the destinies of the Act of 1946, as amended), and (2) not to ex- and many communities in which he lives.’’: Now, ceed $4,200 may be expended for the training Whereas Dr. Julian’s life story has been therefore, be it of the professional staff of such committee documented in the Public Broadcasting Resolved, That the Senate— (under procedures specified by section 202(j) Service NOVA film ‘‘Forgotten Genius’’: (1) recognizes the goals of Catholic Schools of the Legislative Reorganization Act of Now, therefore, be it Week, an event cosponsored by the National 1946). Resolved by the Senate (the House of Rep- Catholic Educational Association and the SEC. 3. The committee shall report its find- resentatives concurring), That the Congress United States Conference of Catholic ings, together with such recommendations honors the life of Percy Lavon Julian, a pio- Bishops that recognizes the vital contribu- for legislation as it deems advisable, to the neer in the field of organic chemistry and tions of thousands of Catholic elementary Senate at the earliest practicable date, but the first and only African-American chemist and secondary schools in the United States; not later than February 28, 2009. to be inducted into the National Academy of and SEC. 4. Expenses of the committee under Sciences. (2) commends Catholic schools, students, this resolution shall be paid from the contin- parents, and teachers across the United gent fund of the Senate upon vouchers ap- f States for their ongoing contributions to proved by the chairman of the committee, SENATE CONCURRENT RESOLU- education, and for the vital role they play in except that vouchers shall not be required (1) TION 6—EXPRESSING THE SENSE promoting and ensuring a brighter, stronger for the disbursement of salaries of employees future for the United States. paid at an annual rate, or (2) for the pay- OF CONGRESS THAT THE NA- TIONAL MUSEUM OF WILDLIFE f ment of telecommunications provided by the Office of the Sergeant at Arms and Door- ART, LOCATED IN JACKSON, WY- SENATE RESOLUTION 63—AUTHOR- keeper, United States Senate, or (3) for the OMING, SHOULD BE DESIGNATED IZING EXPENDITURES BY THE payment of stationery supplies purchased AS THE ‘‘NATIONAL MUSEUM OF COMMITTEE ON RULES AND AD- through the Keeper of the Stationery, United WILDLIFE ART OF THE UNITED MINISTRATION States Senate, or (4) for payments to the STATES’’ Postmaster, United States Senate, or (5) for Mrs. FEINSTEIN submitted the fol- the payment of metered charges on copying Mr. ENZI (for himself and Mr. THOM- lowing resolution; from the Committee equipment provided by the Office of the Ser- AS) sumbitted the following concurrent

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1464 CONGRESSIONAL RECORD — SENATE January 31, 2007 resolution; which was referred to the following concurrent resolution; which Whereas, Iraqi Prime Minister Nouri al- Committee on Energy and Natural Re- was referred to the Committee on For- Maliki stated on November 27, 2006 that sources: eign Relations: ‘‘The crisis is political, and the ones who can stop the cycle of aggravation and blood- S. CON. RES. 6 S. CON. RES. 7 letting of innocents are the politicians;’’ Whereas the National Museum of Wildlife Whereas, we respect the Constitutional au- Whereas, there is growing evidence that Art in Jackson, Wyoming, is devoted to in- thorities given a President in Article II, Sec- Iraqi public sentiment opposes the continued spiring global recognition of fine art related tion 2, which states that ‘‘The President U.S. troop presence in Iraq, much less in- to nature and wildlife; shall be commander in chief of the Army and creasing the troop level; Whereas the National Museum of Wildlife Navy of the United States;’’ it is not the in- Whereas, in the fall of 2006, leaders in the Art is an excellent example of a thematic tent of this resolution to question or con- Administration and Congress, as well as rec- museum that strives to unify the humanities travene such authority, but to accept the ognized experts in the private sector, began and sciences into a coherent body of knowl- offer to Congress made by the President on to express concern that the situation in Iraq edge through art; January 10, 2007 that, ‘‘if members have im- was deteriorating and required a change in Whereas the National Museum of Wildlife provements that can be made, we will make strategy; and, as a consequence, the Admin- Art, which was founded in 1987 with a private them. If circumstances change, we will ad- istration began an intensive, comprehensive gift of a collection of art, has grown in stat- just;’’ review by all components of the Executive ure and importance and is recognized today Whereas, the United States’ strategy and Branch to devise a new strategy; as the world’s premier museum of wildlife operations in Iraq can only be sustained and Whereas, in December 2006, the bipartisan art; achieved with support from the American Iraq Study Group issued a valuable report, Whereas the National Museum of Wildlife people and with a level of bipartisanship; suggesting a comprehensive strategy that in- Art is the only public museum in the United Whereas, over 137,000 American military cludes ‘‘new and enhanced diplomatic and States with the mission of enriching and in- personnel are current1y serving in Iraq, like political efforts in Iraq and the region, and a spiring public appreciation and knowledge of thousands of others since March 2003, with change in the primary mission of U.S. forces fine art, while exploring the relationship be- the bravery and professionalism consistent in Iraq that will enable the United States to tween humanity and nature by collecting with the finest traditions of the United begin to move its combat forces out of Iraq fine art focused on wildlife; States armed forces, and are deserving of the responsibly;’’ Whereas the National Museum of Wildlife support of all Americans, which they have Whereas, on January 10, 2007, following Art is housed in an architecturally signifi- strongly; consultations with the Iraqi Prime Minister, cant and award-winning 51,000–square foot Whereas, many American service personnel the President announced a new strategy (hereinafter referred to as the ‘‘plan’’), which facility that overlooks the 28,000–acre Na- have lost their lives, and many more consists of three basic elements: diplomatic, tional Elk Refuge and is adjacent to the have.been wounded, in Iraq, and the Amer- economic, and military; the central compo- Grand Teton National Park; ican people will always honor their sacrifices nent of the military element is an augmenta- Whereas the National Museum of Wildlife and honor their families; tion of the present level of the U.S. military Art is accredited with the American Associa- Whereas, the U.S. Army and Marine Corps, forces through additional deployments of ap- tion of Museums, continues to grow in na- including their Reserve and National Guard proximately 21,500 US. military troops to tional recognition and importance with organizations, together with components of the other branches of the military, are under Iraq; members from every State, and has a Board Whereas, on January 10, 2007, the President enormous strain from multiple, extended de- of Trustees and a National Advisory Board said that the ‘‘Iraqi government will appoint ployments to Iraq and Afghanistan; composed of major benefactors and leaders a military commander and two deputy com- Whereas, these deployments, and those in the arts and sciences from throughout the manders for their capital’’ and that U.S. that will follow, will have lasting impacts on United States; forces will ‘‘be embedded in their forma- the future recruiting, retention and readi- Whereas the permanent collection of the tions;’’ and in subsequent testimony before ness of our nation’s all volunteer force; National Museum of Wildlife Art has grown the Armed Services Committee on January Whereas in the National Defense Author- to more than 3,000 works by important his- 25, 2007, by the retired former Vice Chief of ization Act for Fiscal Year 2006, the Congress toric American artists including Edward the Army it was learned that there will also stated that ‘‘calendar year 2006 should be a Hicks, Anna Hyatt Huntington, Charles M. be a comparable US. command in Baghdad, period of significant transition to full sov- Russell, William Merritt Chase, and Alex- and that this dual chain of command may be ereignty, with Iraqi security forces taking ander Calder, and contemporary American problematic because ‘‘the Iraqis are going to the lead for the security of a free and sov- artists, including Steve Kestrel, Bart Walter, be able to move their forces around at times ereign Iraq;’’ Nancy Howe, John Nieto, and Jamie Wyeth; where we will disagree with that move- Whereas, United Nations Security Council Whereas the National Museum of Wildlife ment,’’ and called for clarification; Art is a destination attraction in the West- Resolution 1723, approved November 28, 2006, Whereas, this proposed level of troop aug- ern United States with annual attendance of ‘‘determin[ed] that the situation in Iraq con- mentation far exceeds the expectations of 92,000 visitors from all over the world and an tinues to constitute a threat to inter- many of us as to the reinforcements that award-winning website that receives more national peace and security;’’ would be necessary to implement the various Whereas, Iraq is experiencing a deterio- than 10,000 visits per week; options for a new strategy, and led many rating and ever-widening problem of sec- Whereas the National Museum of Wildlife members of Congress to express outright op- tarian and intra-sectarian violence based Art seeks to educate a diverse audience position to augmenting our troops by 21,500; through collecting fine art focused on wild- upon political distrust and cultural dif- Whereas, the Government of Iraq has life, presenting exceptional exhibitions, pro- ferences between some Sunni and Shia Mus- promised repeatedly to assume a greater viding community, regional, national, and lims; share of security responsibilities, disband international outreach, and presenting ex- Whereas, Iraqis must reach political settle- militias, consider Constitutional amend- tensive educational programming for adults ments in order to achieve reconciliation, and ments and enact laws to reconcile sectarian and children; and the failure of the Iraqis to reach such settle- differences, and improve the quality of es- Whereas a great opportunity exists to use ments to support a truly unified government sential services for the Iraqi people; yet, de- the invaluable resources of the National Mu- greatly contributes to the increasing vio- spite those promises, little has been seum of Wildlife Art to teach the school- lence in Iraq; achieved; Whereas, the responsibility for Iraq’s inter- children of the United States, through onsite Whereas, the President said on January 10, nal security and halting sectarian violence visits, traveling exhibits, classroom cur- 2007 that ‘‘I’ve made it clear to the Prime must rest primarily with the Government of riculum, online distance learning, and other Minister and Iraq’s other leaders that Amer- Iraq and Iraqi Security Forces; educational initiatives: Now, therefore, be it ica’s commitment is not openended’’ so as to Resolved by the Senate (the House of Rep- Whereas, U.S. Central Command Com- dispel the contrary impression that exists; resentatives concurring), That it is the sense mander General John Abizaid testified to Whereas, the recommendations in this res- of Congress that the National Museum of Congress on November 15, 2006, ‘‘I met with olution should not be interpreted as precipi- Wildlife Art, located at 2820 Rungius Road, every divisional commander, General Casey, tating any immediate reduction in, or with- Jackson, Wyoming, should be designated as the Corps Commander, [and] General drawal of, the present level of forces: Now the ‘‘National Museum of Wildlife Art of the Dempsey. We all talked together. And I said, therefore be it— United States’’. in your professional opinion, if we were to Resolved, by the Senate (the House of Rep- bring in more American troops now, does it f resentatives concurring), That it is the sense add considerably to our ability to achieve of Congress that— SENATE CONCURRENT RESOLU- success in Iraq? And they all said no. And (1) the Senate disagrees with the ‘‘plan’’ to TION 7—EXPRESSING THE SENSE the reason is, because we want the Iraqis to augment our forces by 21,500, and urges the OF CONGRESS ON IRAQ do more. It’s easy for the Iraqis to rely upon President instead to consider all options and us to do this work. I believe that more Amer- alternatives for achieving the strategic goals Mr. WARNER (for himself, Mr. NEL- ican forces prevent the Iraqis from doing set forth below; SON of Nebraska, Ms. COLLINS, Mr. more, from taking more responsibility for (2) the Senate believes the United States LEVIN, and Ms. SNOWE) submitted the their own future;’’ should continue vigorous operations in

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1465 Anbar province, specifically for the purpose AUTHORITY FOR COMMITTEES TO Senate on Wednesday, January 31, 2007, of combating an insurgency, including ele- MEET at 11:30 a.m. in room SD–366 of the ments associated with the Al Qaeda move- Dirksen Senate Office Building. ment, and denying terrorists a safe haven; COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY The purpose of the Business Meeting (3) the Senate believes a failed state in Mr. DURBIN. Mr. President, I ask is to consider pending calendar busi- Iraq would present a threat to regional and ness. world peace, and the long-term security in- unanimous consent that the Com- mittee on Agriculture, Nutrition and THE PRESIDING OFFICER. Without terests of the United States are best served objection, it is so ordered. by an Iraq that can sustain, govern, and de- Forestry be authorized to conduct a fend itself, and serve as an ally in the war hearing during the session of the Sen- COMMITTEE ON FINANCE against extremists; ate on Wednesday, January 31, 2007 at Mr. DURBIN. Mr. President, I ask unanimous consent that the Com- (4) the Congress should not take any action 9:45 AM in 328A, Senate Russell Office that will endanger United States military Building. The purpose of this com- mittee on Finance be authorized to forces in the field, including the elimination mittee hearing will be to discuss ‘‘The meet during the session on Wednesday, or reduction of funds for troops in the field, Role of Federal Food Assistance Pro- January 31, 2007, at 10 a.m. in 215 Dirk- as such an action with respect to funding grams in Family Economic Security sen Senate Office Building, to organize would undermine their safety or harm their and Nutrition’’. for the 110th Congress. The Committee effectiveness in pursuing their assigned mis- The PRESIDING OFFICER. Without will also consider favorably reporting sions; objection, it is so ordered. the following nominations: Michael J. (5) the primary objective of the overall COMMITTEE ON ARMED SERVICES Astrue, to be Commissioner of Social U.S. strategy in Iraq should be to encourage Mr. DURBIN. Mr. President, I ask Security, Social Security Administra- Iraqi leaders to make political compromises unanimous consent that the Com- tion; Dean A. Pinkert, to be Member of that will foster reconciliation and strength- mittee on Armed Services be author- the United States International Trade en the unity government, ultimately leading Commission; and Irving A. Williamson, to improvements in the security situation; ized to meet during the session of the Senate on Wednesday, January 31, 2007, to be Member of the United States (6) the military part of this strategy at 10 a.m., in closed session to receive International Trade Commission. should focus on maintaining the territorial a briefing regarding the Iraq ‘‘SURGE’’ The PRESIDING OFFICER. Without integrity of Iraq, denying international ter- objection, it is so ordered. rorists a safe haven, conducting Plan. COMMITTEE ON FOREIGN RELATIONS counterterrorism operations, promoting re- The PRESIDING OFFICER. Without gional stability, supporting Iraqi efforts to objection, it is so ordered. Mr. DURBIN. Mr. President, I ask bring greater security to Baghdad, and train- COMMITTEE ON BANKING, HOUSING, AND URBAN unanimous consent that the Com- ing and equipping Iraqi forces to take full re- AFFAIRS mittee on Foreign Relations be author- sponsibility for their own security; Mr. DURBIN. Mr. President, I ask ized to meet during the session of the (7) United States military operations unanimous consent that the Com- Senate on Wednesday, January 31, 2007, should, as much as possible, be confined to mittee on Banking, Housing, and at 9:15 a.m. to hold a hearing on Iraq. these goals, and should charge the Iraqi mili- Urban Affairs be authorized to meet The PRESIDING OFFICER. Without tary with the primary mission of combating during the session of the Senate on objection, it is so ordered. sectarian violence; January 31, 2007, at 10 a.m., to conduct COMMITTEE ON HEALTH, EDUCATION, LABOR, (8) the military Rules of Engagement for a vote on the Committee Budget Reso- AND PENSIONS this plan should reflect this delineation of lution, rules of procedure, and sub- Mr. DURBIN. Mr. President, I ask responsibilities, and the Secretary of De- committee organization for the 110th unanimous consent that the Com- fense and the Chairman of the Joint Chiefs of Congress; immediately following the mittee on Health, Education, Labor, Staff should clarify the command and con- and Pensions meet in executive session trol arrangements in Baghdad; executive session, the committee will meet in open session to conduct a hear- during the session of the Senate on (9) the United States Government should ing on ‘‘The Treasury Department’s Wednesday, January 31, 2007 at 10 a.m. transfer to the Iraqi military, in an expedi- Report to Congress on International SD–430. tious manner, such equipment as is nec- PRESIDING OFFICER. Without ob- essary; Economic and Exchange Rate Policy (IEERP) and the U.S.-China Strategic jection, it is so ordered. (10) the United States Government should Economic Dialogue.’’ COMMITTEE THE JUDICIARY engage selected nations in the Middle East to develop a regional, internationally spon- The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I ask sored peace-and-reconciliation process for objection, it is so ordered. unanimous consent that the Com- Iraq; COMMITTEE ON COMMERCE, SCIENCE, AND mittee on the Judiciary be authorized TRANSPORTATION (11) the Administration should provide reg- to meet to conduct a hearing on ‘‘Ex- ular updates to the Congress, produced by Mr. DURBIN. Mr. President, I ask amining the Iraq Study Group’s Rec- the Commander of United States Central unanimous consent that the Com- ommendations for Improvements to Command and his subordinate commanders, mittee on Commerce, Science, and Iraq’s Police and Criminal Justice Sys- about the progress or lack of progress the Transportation be authorized to hold a tem’’ for Wednesday, January 31, 2007 Iraqis are making toward this end. business meeting and hearing during at 10 a.m. in Dirksen Senate Office (12) our overall military, diplomatic and the sessions of the Senate on Wednes- Building Room 226. economic strategy should not be regarded as day, January 31, 2007, at 2:30 p.m., in Witnesses an ‘‘open-ended’’ or unconditional commit- room 253 of the Russell Senate Office ment, but rather as a new strategy that Building. The Honorable Lee H. Hamilton, hereafter should be conditioned upon the The purpose of the business meeting Former Member of Congress, Director, Iraqi government’s meeting benchmarks is to adopt the budget resolution for The Woodrow Wilson International that must be delineated in writing and the Committee for the 110th Congress. Center for Scholars, Co-Chair, Iraq agreed to by the Iraqi Prime Minister. Such Study Group Washington, DC. benchmarks should include, but not be lim- The purpose of the hearing is to pro- ited to, the deployment of that number of mote travel to America, and to exam- The Honorable Edwin Meese III, additional Iraqi security forces as specified ine related economic and security con- Former U.S. Attorney General, Ronald in the plan in Baghdad, ensuring equitable cerns. Reagan Chair in Public Policy, The distribution of the resources of the Govern- The PRESIDING OFFICER. Without Heritage Foundation, Member Iraq ment of Iraq without regard to the sect or objection, it is so ordered. Study Group Washington, DC. ethnicity of recipients, enacting and imple- COMMITTEE ON ENERGY AND NATURAL THE PRESIDING OFFICER. Without menting legislation to ensure that the oil re- RESOURCES objection, it is so ordered. sources of Iraq benefit Sunni Arabs, Shia COMMITTEE ON THE JUDICIARY Arabs, Kurds, and other Iraqi citizens in an Mr. DURBIN. Mr. President, I ask equitable manner, and the authority of Iraqi unanimous consent that the Com- Mr. DURBIN. Mr. President, I ask commanders to make tactical.and oper- mittee on Energy and Natural Re- unanimous consent that the Com- ational decisions without political interven- sources be authorized to hold a Busi- mittee on the Judiciary be authorized tion: ness Meeting during the session of the to meet to conduct a hearing on ‘‘US–

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1466 CONGRESSIONAL RECORD — SENATE January 31, 2007 VISIT Challenges and Strategies for during the session of the Senate on Mr. REID. Mr. President, I ask unan- Securing the U.S. Border’’ for Wednes- Wednesday, January 31, 2007, at 2:30 imous consent that the resolution be day, January 31, 2007, at 2:30 p.m. in p.m., to continue to receive testimony agreed to, the preamble be agreed to, Dirksen Senate Office Building Room on abusive practices in Department of the motion to reconsider be laid upon 226. Defense contracting for services and the table, and any statements be print- inter-agency contracting. ed in the RECORD. Witnesses The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Panel I. The Honorable Richard objection, it is so ordered. objection, it is so ordered. Barth, Ph.D., Assistant Secretary, Of- The resolution (S. Res. 61) was agreed f fice of Policy Development, Depart- to. ment of Homeland Security, Wash- PRIVILEGES OF THE FLOOR The preamble was agreed to. ington, DC. The resolution, with its preamble, Mr. GRASSLEY. Madam President, I reads as follows: Robert A. Mocny, Acting Director, ask unanimous consent for Stanford S. RES. 61 US–VISIT, Department of Homeland Swinton, Anne Freeman, Lynda Sim- Whereas mentoring is a long-standing tra- Security Washington, DC. mons, Bess Ullman, Ann Thomas, and Panel II. Richard Stana, Director, dition with modern applications in which an Eric Slack of my staff to be given adult provides guidance, support, and en- Homeland Security and Justice, Gov- privileges of the floor during the delib- couragement to help with a young person’s ernment Accountability Office, Wash- eration of H.R. 2, the Fair Minimum social, emotional, and cognitive develop- ington, DC. Wage Act of 2007. ment; Phillip J. Bond, President and CEO, The PRESIDING OFFICER. Without Whereas research provides strong evidence Information Technology Association of objection, it is so ordered. that mentoring can promote positive out- America, Arlington, VA. comes for young people, such as an increased C. Stewart Verdery, Jr., President, f sense of industry and competency, a boost in Monument Policy Group, Washington, UNANIMOUS CONSENT AGREE- academic performance and self-esteem, and improved social and communications skills; DC. MENT—EXECUTIVE CALENDER Whereas studies of mentoring further show The PRESIDING OFFICER. Without Mr. REID. Mr. President, if I could that a quality mentoring relationship suc- objection, it is so ordered. now move to the more mundane, I ask cessfully reduces the incidence of risky be- COMMITTEE ON RULES AND ADMINISTRATION unanimous consent that at 11:45 tomor- haviors, delinquency, absenteeism, and aca- Mr. DURBIN. Mr. President, I ask row, the Senate proceed to executive demic failure; Whereas mentoring is a frequently used unanimous consent that the Com- session to consider the following nomi- mittee on Rules and Administration be term and a well-accepted practice in many nations en bloc: Calendar Nos. 8 sectors of our society; authorized to meet during the session through 10; that there be 10 minutes for Whereas thanks to the remarkable cre- of the Senate on Wednesday, January debate on the nominations equally di- ativity, vigor, and resourcefulness of the 31, 2007, at 9:30 a.m., to conduct its or- vided between Senators LEAHY and thousands of mentoring programs and mil- ganizational meeting for the 110th Con- SPECTER or their designees; that at the lions of volunteer mentors in communities gress. conclusion of the yielding back of throughout the Nation, quality mentoring The PRESIDING OFFICER. Without time, the Senate vote on nomination has grown dramatically in the past 15 years, objection, it is so ordered. and there are now 3,000,000 young people in No. 8, Lawrence Joseph O’Neill to be a the United States who are being mentored; COMMITTEE ON SMALL BUSINESS AND U.S. district judge; that following that Whereas in spite of the strides made in the ENTREPRENEURSHIP vote, the Senate vote on nomination mentoring field, the Nation has a serious Mr. DURBIN. Mr. President, I ask No. 9, Valerie Baker, to be a U.S. dis- ‘‘mentoring gap,’’ with nearly 15,000,000 unanimous consent that the Com- trict judge; that following that vote, young people currently in need of mentors; mittee on Small Business and Entre- the Senate vote on nomination No. 10, Whereas a recent study confirmed that one preneurship be authorized to meet dur- Gregory Frizzell, to be a U.S. district of the most critical challenges that men- ing the session of the Senate for a judge; that there be 2 minutes for de- toring programs face is recruiting enough hearing entitled ‘‘Assessing Federal mentors to help close the mentoring gap; bate between the votes; that the mo- Whereas the designation of January 2007 as Small Business Assistance Programs tions to reconsider be laid on the table, National Mentoring Month will help call at- for Veterans and Reservists,’’ on the President be immediately notified tention to the critical role mentors play in Wednesday, January 31, 2007, beginning of the Senate’s action; that the Senate helping young people realize their potential; at 10 a.m. in room 428A of the Russell then return to legislative session, and Whereas the month-long celebration of Senate Office Building. that all time consumed in executive mentoring will encourage more organiza- The PRESIDING OFFICER. Without session, including the votes, count to- tions across the Nation, including schools, objection, it is so ordered. ward cloture on H.R. 2. businesses, nonprofit organizations and faith institutions, foundations, and individuals to JOINT ECONOMIC COMMITTEE I would say, before the Chair rules on become engaged in mentoring; Mr. DURBIN. Mr. President, I ask this unanimous consent request, how Whereas National Mentoring Month will, unanimous consent that the Joint Eco- much we can count on staff. One num- most importantly, build awareness of men- nomic Committee be authorized to con- ber was missing, and I am just here toring and encourage more individuals to be- duct a hearing in room 106 of the Dirk- trying to figure out what to do without come mentors, helping close the Nation’s sen Senate Office Building, Wednesday, staff, and as usual, they come through. mentoring gap; and January 31, from 9:30 a.m. to 1 p.m. The PRESIDING OFFICER. The ma- Whereas the President has issued a procla- jority leader quickly got to the correc- mation declaring January 2007 to be Na- The PRESIDING OFFICER. Without tional Mentoring Month and calling on the objection, it is so ordered. tion. Is there objection? people of the United States to recognize the SPECIAL COMMITTEE ON AGING Without objection, it is so ordered. importance of mentoring, to look for oppor- Mr. DURBIN. Mr. President, I ask f tunities to serve as mentors in their commu- unanimous consent that the Special nities, and to observe the month with appro- NATIONAL MENTORING MONTH Committee on Aging be authorized to priate activities and programs: Now, there- Mr. REID. Mr. President, I ask con- fore, be it meet Wednesday, January 31, 2007 from Resolved, That the Senate— 10:30 a.m.–12 p.m. in Dirksen 562 for the sent that the Senate proceed to the (1) designates the month of January 2007 as purpose of conducting a hearing. consideration of S. Res. 61. ‘‘National Mentoring Month’’; The PRESIDING OFFICER. Without The PRESIDING OFFICER. The (2) recognizes with gratitude the contribu- objection, it is so ordered. clerk will report the resolution by tions of the millions of caring adults who are already serving as mentors and encourages SUBCOMMITTEE ON READINESS AND title. more adults to volunteer as mentors; and MANAGEMENT SUPPORT The legislative clerk read as follows: (3) encourages the people of the United A resolution (S. Res. 61) designating Janu- Mr. DURBIN. Mr. President, I ask States to observe the month with appro- ary 2007 as ‘‘National Mentoring Month.’’ unanimous consent that the Sub- priate ceremonies and activities that pro- committee on Readiness and Manage- There being no objection, the Senate mote awareness of, and volunteer involve- ment Support be authorized to meet proceeded to consider the resolution. ment with, youth mentoring.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1467 CATHOLIC SCHOOLS WEEK education, and for the vital role they play in mitted to speak therein for up to 10 promoting and ensuring a brighter, stronger minutes each, with the first 30 minutes Mr. REID. Mr. President, I ask unan- future for the United States. imous consent that the Senate now under the control of the Republicans proceed to the consideration of S. Res. f and the next 30 minutes under the con- trol of the majority; that following 62. MEASURE READ THE FIRST morning business, the Senate proceed The PRESIDING OFFICER. The TIME—H.J. RES. 20 clerk will report the resolution by to executive session as under the pre- Mr. REID. Mr. President, I under- title. vious order; that upon resuming legis- stand that H.J. Res. 20 has been re- The legislative clerk read as follows: lative session, the Senate resume con- ceived from the House and is now at sideration of H.R. 2, the minimum A resolution (S. Res. 62) recognizing the the desk, and I ask for its first reading. goals of Catholic Schools Week and honoring wage bill; that all time during the ad- the valuable contributions of Catholic The PRESIDING OFFICER. The journment and morning business count schools in the United States. clerk will report the joint resolution against the postcloture time. by title. There being no objection, the Senate The PRESIDING OFFICER. Is there The legislative clerk read as follows: proceeded to consider the resolution. objection? Mr. REID. Mr. President, I ask unan- A joint resolution (H.J. Res. 20) making Without objection, it is so ordered. further continuing appropriations for the fis- imous consent the resolution be agreed cal year 2007, and for other purposes. f to, the preamble be agreed to, and the motion to reconsider by laid upon the The PRESIDING OFFICER. Is there PROGRAM table objection to proceeding to the meas- Mr. REID. Mr. President, today, the The PRESIDING OFFICER. Without ure? Senate has completed the amendment objection, it is so ordered. Mr. REID. Mr. President, this is the process on H.R. 2, and the Senate also The resolution (S. Res. 62) was agreed continuing resolution, which is so im- invoked cloture on the bill by a vote of to. portant to continuing the functions of 88 to 8. Tomorrow, we will anticipate The preamble was agreed to. this Government, but I am objecting to concluding action on the bill in the The resolution, with its preamble, my own request for its second reading. afternoon. Once the bill has been com- reads as follows: The PRESIDING OFFICER. Objec- pleted, there will then be a cloture vote tion is heard. S. RES. 62 on the motion to proceed to S. Con. The bill will receive its second read- Res. 2, the bipartisan Iraq resolution, Whereas Catholic schools in the United ing on the next legislative day. States have received international acclaim unless we work something out, as we for academic excellence while providing stu- f expressed here at some length tonight. dents with lessons that extend far beyond To remind Members, we will be vot- MEASURE READ THE FIRST the classroom; ing tomorrow prior to noon on three TIME—S. 470 Whereas Catholic schools present a broad judicial nominations. Those votes are curriculum that emphasizes the lifelong de- Mr. REID. Mr. President, it is my un- expected to begin at about 11:55 a.m. velopment of moral, intellectual, physical, derstanding that S. 470, introduced by and social values in the young people of the f Senator LEVIN, is at the desk, and I ask United States; Whereas Catholic schools in the United for its first reading. ORDER FOR ADJOURNMENT States today educate 2,363,220 students and The PRESIDING OFFICER. The Mr. REID. Mr. President, if there is maintain a student-to-teacher ratio of 15 to clerk will report the bill by title. no further business to come before the 1; The legislative clerk read as follows: Senate, I now ask unanimous consent Whereas the faculty members of Catholic A bill (S. 470) to express the sense of Con- that following the remarks of Senator schools teach a highly diverse body of stu- gress on Iraq. dents; SNOWE of Maine, the Senate stand ad- Whereas the graduation rate for all Catho- Mr. REID. Mr. President, I now ask journed under the previous order. lic school students is 95 percent; for its second reading but object to my The PRESIDING OFFICER. Without Whereas 83 percent of Catholic high school own request. objection, it is so ordered. graduates go on to college; The PRESIDING OFFICER. Objec- The Senator from Maine is recog- Whereas Catholic schools produce students tion is heard. nized. strongly dedicated to their faith, values, The bill will receive its second read- Ms. SNOWE. Mr. President, I know families, and communities by providing an ing on the next legislative day. the hour is late. I want to speak briefly intellectually stimulating environment rich Mr. REID. Mr. President, I suggest in spiritual character and moral develop- to the resolution that has been intro- ment; and the absence of a quorum. duced by our most respected Member of Whereas in the 1972 pastoral message con- The PRESIDING OFFICER. The the Senate, Senator WARNER, regarding cerning Catholic education, the National clerk will call the roll. Iraq. Conference of Catholic Bishops stated, ‘‘Edu- The legislative clerk proceeded to I first ask unanimous consent to be cation is one of the most important ways by call the roll. added as a cosponsor. which the Church fulfills its commitment to Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without the dignity of the person and building of imous consent that the order for the objection, it is so ordered. community. Community is central to edu- quorum call be rescinded. cation ministry, both as a necessary condi- Ms. SNOWE. For the record, I know tion and an ardently desired goal. The edu- The PRESIDING OFFICER. Without the Senator from Virginia and the Sen- cational efforts of the Church, therefore, objection, it is so ordered. ator from Michigan have had numerous must be directed to forming persons-in-com- f conversations. The proposed changes in munity; for the education of the individual the resolution that was introduced this Christian is important not only to his soli- ORDERS FOR THURSDAY, evening by the Senator from Virginia tary destiny, but also the destinies of the FEBRUARY 1, 2007 certainly reflect many of the concerns many communities in which he lives.’’: Now, therefore, be it Mr. REID. Mr. President, I ask unan- of those of us who are the cosponsors of Resolved, That the Senate— imous consent that when the Senate the Biden-Hagel-Levin resolution re- (1) recognizes the goals of Catholic Schools completes its business today, it stand garding the troop surge. The changes Week, an event cosponsored by the National adjourned until 10 a.m., Thursday, Feb- in the proposed resolution now rein- Catholic Educational Association and the ruary 1; that on Thursday, following force the opposition to troop increases. United States Conference of Catholic the prayer and pledge, the Journal of It does enhance the position. It solidi- Bishops that recognizes the vital contribu- proceedings be approved to date, the fies the unified view of those of us who tions of thousands of Catholic elementary morning hour be deemed expired, the have adopted a position in opposition and secondary schools in the United States; and time for the two leaders be reserved for to the troop surge. It also helps to ad- (2) commends Catholic schools, students, their use later in the day; that there vance this debate. Now we can begin on parents, and teachers across the United then be a period of morning business a course of deliberation within the Sen- States for their ongoing contributions to until 11:45 a.m., with Senators per- ate.

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And I have bated and voted upon as a resolution than what I have embraced in this res- indicated that concern about intro- here in the Senate. I am pleased, be- olution, together with my colleagues, ducing this resolution in the form of a cause I think it does unite us now that Senator COLLINS and Senator BEN NEL- bill. I also understand that at some we have had these types of changes SON. We are open to ideas. It is best point that bill would obviously be con- that I think go a long way to making that those ideas be exhibited right here verted to a resolution. But I think we a strong statement with respect to the on the Senate floor in full view of all to should proceed in regular order and President’s proposed strategy of in- determine their merit. have a full and open debate, as the Sen- creasing troops in Iraq. I thank my colleague. I am honored ator from Virginia has recommended. I I thank the Senator from Virginia for the Senator sees fit to join us as a co- think that is consistent with the tradi- offering this resolution as modified so sponsor. tions and practices of the Senate. And we can proceed and embark on the de- Ms. SNOWE. I want to express my ap- certainly this issue is deserving of open liberations that not only consistently preciation to the Senator from Vir- debate for the American people. are the traditions of this institution ginia, because I do think this resolu- but also are consistent with the views tion reinforces the position of those of Mr. WARNER. I thank the Senator. I of the people of this country that this us who oppose the troop surge. I am glad she, once again, pointed out issue, which is the preeminent one of couldn’t agree with the Senator more that if it were to go into bill status, our time, deserves a full and open de- about the concerns we have involving there is a point in time when I—and I bate. the sectarian strife, particularly at a presume you would join me—and oth- The PRESIDING OFFICER. The Sen- time in which the Iraqi Government ers would move to try and have that ator from Virginia. has not demonstrated the political res- bill status once again returned to the Mr. WARNER. I thank our distin- oluteness to confront its own militias, resolution status before any final ac- guished colleague from Maine. I share to disarm and demobilize them, to pro- tion on this or other measures that her views, as I expressed them with our ceed with a political process that may come before the Senate in this de- leader here, that it was certainly al- would advance in unifying the country. bate. Senator MCCONNELL all along to ways the intention of the Senator from That is long overdue. The time has all his colleagues has said, me in- Virginia that this matter should be come for the Iraqi Government and its cluded, that he wanted to try to pro- kept in a resolution status, thereby people to step up and assume those re- vide an opportunity for as many view- precluding any necessity for the Presi- sponsibilities. That is why I had for the points to be heard, either by resolution dent to become involved in the sense of last few months the deep concern about or by amendment, as possible. a legislative process. I feel confident the increase in the level of troops at a I also note the Presiding Officer was that what we have put forth are rec- time in which sectarian strife has en- an original cosponsor on the resolution ommendations—not orders to the veloped the country. that I and Senator NELSON and Senator President, not contravening the Presi- It is time for the Iraqi Government, COLLINS put forward. dent’s constitutional authority in any the Iraqi Army to begin to proceed to way, but they are the heartfelt take responsibility for the internal f thoughts of Senators as to how there problems that are developing. We obvi- could be further modifications in the ously should move in a different direc- ADJOURNMENT UNTIL 10 A.M. new strategy in such a way as to hope- tion and place the pressure on them to TOMORROW fully lower the profile of the United do what is right. States Armed Forces in the Baghdad Mr. WARNER. I thank our colleague. The PRESIDING OFFICER. Under operation and, thereby, hopefully, I also note the Senator from Maine was the previous order, the Senate stands wherever possible, not inject them into present on the floor in the course of adjourned until 10 a.m. on Thursday, this sectarian violence which can be the colloquy between the distinguished February 1, 2007. better handled by the Iraqis, who un- Senator from Nevada, Mr. REID, and Thereupon, the Senate, at 8:27 p.m., derstand the Iraqis, who have a far bet- our distinguished leader, Mr. MCCON- adjourned until Thursday, February 1, ter understanding of the cultural dif- NELL. I think they are both working to- 2007, at 10 a.m.

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REMARKS OF FATHER ROBERT J. We are ashamed that we have been so care- cellence from those she led. Her consistent DRINAN, S.J. less and thoughtless about the rights of chil- focus on team work, sportsmanship, and per- dren. We cannot forget Christ’s personal love sistence has been the foundation of the Lady of children and his affirmation that ‘‘whatso- HON. NANCY PELOSI ever you do for the least of my brethren you Tigers’ remarkable success. OF CALIFORNIA do for me’’ To date, Coach Wise has won an impres- IN THE HOUSE OF REPRESENTATIVES We are increasingly aware that the world— sive 653 games, ranking 1st in the NAIA Divi- especially the 48 Islamic nations—have the sion 1 and 12th nationally among all NCAA Wednesday, January 31, 2007 deepest doubts about the intentions and ac- and NAIA women’s coaches in total wins. Ms. PELOSI. Madam Speaker, I request tivities of the United States. They know Throughout three decades of coaching, she that the remarks of a former Member of this that the United States has less than five per- has led 16 teams to NAIA Conference titles, 4 body, Father Robert Drinan, at a Mass at Trin- cent of the world’s total population but con- to Kentucky Intercollegiate Conference titles, ity University prior to my swearing-in as sumes 40 percent of its resources. We pledge again before the Blessed Sac- and numerous others to national tournament Speaker, be included in the CONGRESSIONAL rament that we will deepen our love for all and title game appearances. She has been re- RECORD. children. It is depressing to realize that only cipient to dozens of coaching awards including REMARKS OF ROBERT F. DRINAN, S.J., PRO- 18 percent of America’s children are reg- induction into the National Association of Inter- FESSOR, GEORGETOWN UNIVERSITY LAW CEN- istered in Head Start and that an appalling collegiate Athletics Hall of Fame in 2000. TER, AT A MASS HONORING SPEAKER-ELECT number do not graduate from high school. In addition to her athletic accomplishments, NANCY PELOSI AT THE CHAPEL OF TRINITY We are aware at this holy place of the weak- Donna Wise has remained actively involved in UNIVERSITY IN WASHINGTON, DC—WEDNES- ness of our faith and the fragility of our love. numerous community and charitable organiza- DAY, JANUARY 3, 2007 Let us reexamine our convictions, our tions. She has been recognized as Woman of Today is a new epiphany for all us, for our commitments and our courage. Our convic- country and for the world. tions and our commitments are clear and the Year by the Business and Professional Epiphany brought the three Magi to wor- certain to us. But do we have the courage to Women’s Foundation in 1994; Campbellsville ship the new born child. We are here to ven- carry them out? Citizen of the Year in 1995; and Educator of erate that child and to pledge that the mes- God has great hopes for what this nation the Year by the Campbellsville Chamber of sage of this infant Jesus will be followed in will do in the near future. We are here to ask Congress in 2000. our country and throughout the universe. for the courage to carry out God’s hopes and I would like to recognize Donna Wise today This is a new and wonderful moment for all aspirations. for her many achievements as a coach, teach- of us. Let us not disappoint our Redeemer. The new Congress has 16 percent women We learn things in prayer that we other- er, and citizen. Her unique dedication to the and for the first time the Speaker is a moth- wise would never know. Let us pray now and development and well-being of student-ath- er. always. letes and the communities they now serve We re-pledge our lives to the love of chil- If a plane crashed this afternoon at Dulles make her an outstanding American worthy of dren. In this regard the Holy See has shown with 310 children aboard the whole world our collective honor and appreciation. us the way. In 1981 the Vatican was the fifth would cry and cry and cry. But a tragedy f nation of the Earth to ratify the United Na- like that happens 100 times each day—3l,000 tions Covenant on the Rights of the Child. children every day—needlessly—die because STRENGTHENING AMERICA’S That magnificent treaty has now been rati- the heedlessness of all of us. President Ken- MIDDLE CLASS fied by all of the 192 nations in the world— nedy once said that those who ‘‘make peace- except Somalia and, we say it with shame, ful revolution impossible make violent revo- the United States. lution inevitable.’’ We pray here today and HON. DENNIS J. KUCINICH The children protected by the U.N. Cov- ask God’s help in our ardent desires to OF OHIO enant now number some three billion—al- ‘‘make peaceful revolution possible.’’ IN THE HOUSE OF REPRESENTATIVES most one-half of the 6.4 billion in the world. Today we re-pledge ours elves to pray and f Wednesday, January 31, 2007 work for those children. We must continue HONORING COACH DONNA WISE Mr. KUCINICH. Madam Speaker, during a to be shocked that 31,000 of those children will die today and every day—from diseases hearing today in the Committee on Education and malnutrition that are clearly prevent- HON. RON LEWIS and Labor entitled ‘‘Strengthening America’s able. OF KENTUCKY Middle Class: Evaluating the Economic Imagine what the world would think of the IN THE HOUSE OF REPRESENTATIVES Squeeze on America’s Families,’’ I offered the United States if the health and welfare of following statement on the economic issues children everywhere became the top objec- Wednesday, January 31, 2007 facing workers and families in America. tive of America’s foreign policy! It could Mr. LEWIS of Kentucky. Madam Speaker, I As we will hear from today’s witnesses, fam- happen—and it could happen soon—if enough people cared. rise today to pay public tribute to a remarkable ilies across the Nation are experiencing in- Today at this moving and unforgettable individual from my home district. Donna Wise, creased financial pressures and too often fail- Mass we gather to pray, to reflect and once head coach of the women’s basketball team at ing to reap the rewards of their own produc- again to commit our lives to carrying out Campbellsville University, is retiring at the end tivity. Many middle class workers who have la- the faith we have that the needs of every of this season, drawing her legendary 32-year bored tirelessly to support their family are now child are the needs of Jesus Christ himself. coaching career to a close. faced with job insecurity and financial con- The tragedies of the children of Darfur and Most people know about Kentucky’s love of cerns. Too often, the overriding themes of the victims of Katrina have made us feel basketball and the commitment many make many workers’ lives have become themes of guilty for the neglect of the young people in these nations. That guilt has to be developed every season to win. Coach Wise’s athletic increasing debts and diminishing protections. so that the United States and other devel- achievements epitomize a work ethic and The pressure they now face largely stems oped countries will use their resources to competitive spirit that makes Kentucky proud. from circumstances beyond their control, cir- help the 800 million people in the world who But it’s the lessons Donna Wise instills in her cumstances that we as Members of Congress are chronically malnourished. We must also players about life’s priorities, impressions must work to rectify. remember the 100 million children who are countless young women continue to take far Many families of middle class workers now not enrolled in any school—and that 70 per- off the court and apply many years after col- teeter on the edge of economic stability. Every cent of these children are girls. In addition, lege, that mark the true measure of her leg- American can attest to the growing costs of children are still being injured by land mines placed by the United States in Nicaragua, El acy. necessities such as home heating oil, child Salvador, Vietnam, Kuwait and elsewhere. A master of the sport, Coach Wise has al- care, and healthcare. As wages have failed to We have come to this beautiful place to ways conducted herself in the highest stand- keep pace, many workers are placed in a pre- pray for our new leaders and for ourselves. ard, expecting both athletic and personal ex- carious financial situation. Forced increasingly

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

VerDate Aug 31 2005 06:29 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A31JA8.001 E31JAPT1 ccoleman on PRODPC75 with REMARKS E224 CONGRESSIONAL RECORD — Extensions of Remarks January 31, 2007 to rely upon loans and credit cards to make COMMENDING E. STEVEN COLLINS Philadelphia was 406. Eighty five percent of ends meet, families can find themselves one AND RADIO ONE FOR CONTRIB- these victims were killed by firearms. extended hospital stay or temporary job loss UTING TO THE SAFETY AND This extraordinary outpouring by the citizens away from bankruptcy. The system designed WELLBEING OF PHILADELPHIA of Philadelphia and the Delaware Valley would to protect families in these situations is bro- not have reached such dramatic numbers ken, and must be mended by this Congress. HON. CHAKA FATTAH without the efforts of Radio One and its sta- OF PENNSYLVANIA tions—100.3 The Beat, 103.9 Praise, and Outsourcing, once primarily a concern for IN THE HOUSE OF REPRESENTATIVES 107.9 R&B. Radio One and its personalities manufacturing jobs, is now a growing concern Wednesday, January 31, 2007 promoted an ongoing anti-violence, anti-gun, for white collar jobs as well. Workers in my anti-drug campaign of personal responsibility home state of Ohio have long known the con- Mr. FATTAH. Madam Speaker, I rise today on the theme, ‘‘It Starts With Me, It Starts With sequences for workers when jobs are shipped to commend Radio One in Philadelphia and E. You.’’ Steven Collins, National Sales Manager, for overseas. The effects of trade policies such as For a week in advance of the ‘‘no questions their extraordinary civic-minded efforts in sup- asked’’ gun surrender, Radio One air person- NAFTA have led Ohio to post the sixth highest port of the ‘‘Groceries for Guns Initiative’’ dur- alities promoted ‘‘Groceries for Guns’’ through unemployment rate in the Nation in the most ing the 2007 Martin Luther King’s birthday public service announcements, interviews with recent numbers reported by the Bureau of celebration. Councilwoman Reynolds Brown and myself Labor Statistics. Workers and their families are Creative and determined promotion by and numerous appeals. Mr. Collins, a longtime left in an insecure world, with diminishing pro- Radio One through its three FM outlets in the respected voice in Philadelphia radio, con- tections and in need of a helping hand. Philadelphia market, under the direction of Mr. ducted some of these interviews on his own Collins, led directly to a successful outcome No longer can our Nation turn a blind eye to show. beyond anyone’s expectations. the effects of lax enforcement of labor laws, The initiative, spearheaded by Philadelphia On the day of the initiative, January 15, inadequate social support systems and faulty City Councilwoman Blondell Reynolds Brown 2007, Pooch and Laiya and other Radio One trade policies. This Congress must take the in cooperation with my Congressional office personalities provided live interviews from out- necessary steps to ensure that workers and and Business Manager John Dougherty of side the Columbia YMCA in North Philadelphia their families are on stable economic ground. Local 98, International Brotherhood of Elec- as hundreds of Philadelphians, young and old, We have the ability to better protect and aid trical Workers, produced the surrender of 252 lined up to exchange weapons for certificates our constituents, and we must move towards weapons to the Philadelphia Police Depart- worth $200 in groceries at The Fresh Grocer outlets. the goal of security for workers as we begin ment, including 177 handguns and several Police officials expressed gratitude—and this new Congress. sawed off shotguns. What better way to pay tribute to Dr. King’s surprise—at the large number of weapons that message and legacy of non-violence than to were taken off the streets of Philadelphia and remove these potential instruments of crime hauled away in the department’s mobile mini- from our streets? station in a single day’s effort. And it occurred shortly after the city experi- I thank all the participants and especially enced one of its deadliest years in recent his- Radio One and E. Steven Collins for their ef- tory. In 2006, the toll of homicide victims in forts to bring about a ‘‘Gun Safe Philadelphia.’’

VerDate Aug 31 2005 06:29 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A31JA8.005 E31JAPT1 ccoleman on PRODPC75 with REMARKS January 31, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E225 SENATE COMMITTEE MEETINGS 10 a.m. FEBRUARY 8 Budget 9 a.m. Title IV of Senate Resolution 4, To hold hearings to examine war costs. Foreign Relations SD–608 agreed to by the Senate on February 4, To hold hearings to examine the Presi- Environment and Public Works 1977, calls for establishment of a sys- dent’s foreign affairs budget. To hold an oversight hearing to examine tem for a computerized schedule of all SD–106 meetings and hearings of Senate com- recent Environmental Protection Agency decisions, focusing on EPA ac- 9:30 a.m. mittees, subcommittees, joint commit- tions and documents, including moni- Energy and Natural Resources tees, and committees of conference. toring regulations related to per- To hold hearings to examine issues relat- This title requires all such committees chlorate, the process for setting Na- ing to labor, immigration, law enforce- to notify the Office of the Senate Daily tional Ambient Air Quality Standards ment, and economic conditions in the Digest—designated by the Rules Com- (NAAQS), the lead NAAQS process, air Commonwealth of the Northern Mar- mittee—of the time, place, and purpose toxics control (the ‘‘once in always in’’ iana Islands. of the meetings, when scheduled, and policy), the Toxic Release Inventory, SD–366 and EPA library closures. 10 a.m. any cancellations or changes in the SD–406 meetings as they occur. Budget 2:30 p.m. To hold hearings to examine the Presi- As an additional procedure along Judiciary dent’s Fiscal Year 2008 budget and rev- with the computerization of this infor- To hold hearings to examine the nomina- enue proposals. tions of John Preston Bailey, to be mation, the Office of the Senate Daily SD–608 United States District Judge for the Digest will prepare this information for Commerce, Science, and Transportation Northern District of West Virginia, and printing in the Extensions of Remarks Otis D. Wright II, and George H. Wu, To hold hearings to examine the present section of the CONGRESSIONAL RECORD each to be United States District Judge and future of public safety communica- on Monday and Wednesday of each for the Central District of California. tions. week. SD–226 SR–253 Judiciary Meetings scheduled for Thursday, 2:45 p.m. Finance Business meeting to consider pending February 1, 2007 may be found in the To hold hearings to examine the Presi- calendar business. Daily Digest of today’s RECORD. dent’s Fiscal Year 2008 budget proposal. SD–226 SD–215 MEETINGS SCHEDULED FEBRUARY 13 FEBRUARY 7 10 a.m. FEBRUARY 5 9:30 a.m. Energy and Natural Resources Energy and Natural Resources 3 p.m. To hold hearings to examine the ‘‘Stern To hold hearings to examine the Presi- Judiciary Review of the Economics of Climate dent’s proposed budget request for fis- Change’’ examining the economic im- Human Rights and the Law Subcommittee cal year 2008 for the Department of En- pacts of climate change and stabilizing To hold hearings to examine genocide ergy. greenhouse gases in the atmosphere. and the rule of law. SD–366 SD–226 10 a.m. SD–106 Banking, Housing, and Urban Affairs FEBRUARY 6 To hold hearings to examine predatory FEBRUARY 14 9:30 a.m. lending practices and home fore- 10 a.m. Armed Services closures. Judiciary To hold hearings to examine the Presi- SD–538 To hold hearings to examine judicial se- dent’s budget request for fiscal year Budget curity and independence. 2008 and the fiscal years 2007 and 2008 To hold hearings to examine the Presi- SD–226 war supplemental requests in review of dent’s Fiscal Year 2008 budget proposal. the Defense Authorization Request for SD–608 FEBRUARY 15 Fiscal Year 2008 and the Future Years Commerce, Science, and Transportation Defense Program. To hold hearings to examine climate 9:30 a.m. SH–216 change research and scientific integ- Energy and Natural Resources Judiciary rity. To hold hearings to examine the Presi- To hold hearings to examine if the De- SR–253 dent’s proposed budget request for fis- partment of Justice is politicizing the Rules and Administration cal year 2008 for the Department of the hiring and firing of U.S. attorneys re- To hold hearings to examine the hazards Interior. lating to preserving prosecutorial inde- of electronic voting, focusing on the SD–366 pendence. machinery of democracy. SD–226 SR–301

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HIGHLIGHTS The House agreed to H.J. Res. 20, making further continuing appropria- tions for the fiscal year 2007. Senate Adopted: Chamber Action Reid (for Baucus) Amendment No. 100, in the Routine Proceedings, pages S1359–S1468 nature of a substitute. Page S1364 Measures Introduced: Thirty-two bills and fifteen Rejected: resolutions were introduced, as follows: S. 439–470, Sessions (for Kyl) Amendment No. 209 (to S. Res. 52–63, and S. Con. Res. 5–7. Pages S1409–11 Amendment No. 100), to extend through December Measures Reported: 31, 2012, the increased expensing for small busi- S. Res. 52, authorizing expenditures by the Com- nesses. (By 49 yeas to 48 nays (Vote No. 37), Senate mittee on the Budget. tabled the amendment.) Pages S1373–75 S. Res. 54, authorizing expenditures by the Com- Withdrawn: mittee on Health, Education, Labor, and Pensions. McConnell (for Gregg) Amendment No. 101 (to S. Res. 55, authorizing expenditures by the Com- Amendment No. 100), to provide Congress a second mittee on Veterans’ Affairs. look at wasteful spending by establishing enhanced S. Res. 56, authorizing expenditures by the Com- rescission authority under fast-track procedures. mittee on Banking, Housing, and Urban Affairs. Page S1364 S. Res. 57, authorizing expenditures by the Com- Enzi (for Ensign/Inhofe) Amendment No. 152 (to mittee on Agriculture, Nutrition, and Forestry. Amendment No. 100), to reduce document fraud, S. Res. 58, authorizing expenditures by the Com- prevent identity theft, and preserve the integrity of mittee on Commerce, Science, and Transportation. the Social Security system. Page S1364 S. Res. 59, authorizing expenditures by the Com- Enzi (for Ensign) Amendment No. 153 (to mittee on Finance. Amendment No. 100), to preserve and protect Social S. Res. 60, authorizing expenditures by the Com- Security benefits of American workers, including mittee on Homeland Security and Governmental Af- those making minimum wage, and to help ensure fairs. greater Congressional oversight of the Social Security S. Res. 63, authorizing expenditures by the Com- system by requiring that both Houses of Congress mittee on Rules and Administration. Page S1409 approve a totalization agreement before the agree- Measures Passed: ment giving foreign workers Social Security benefits, National Mentoring Month: Senate agreed to S. can go into effect. Page S1364 Res. 61, designating January 2007 as ‘‘National Vitter/Voinovich Amendment No. 110 (to Amendment No. 100), to amend title 44 of the Mentoring Month’’. Page S1466 United States Code, to provide for the suspension of Catholic Schools Week: Senate agreed to S. Res. fines under certain circumstances for first-time pa- 62, recognizing the goals of Catholic Schools Week perwork violations by small business concerns. and honoring the valuable contributions of Catholic Page S1364 Schools in the United States. Page S1467 DeMint Amendment No. 155 (to Amendment Fair Minimum Wage: Senate continued consider- No. 100), to amend the Public Health Service Act ation of H.R. 2, to amend the Fair Labor Standards to provide for cooperative governing of individual Act of 1938 to provide for an increase in the Federal health insurance coverage offered in interstate com- minimum wage, taking action on the following merce, and to amend the Internal Revenue Code of amendments proposed thereto: Pages S1364–80 1986 regarding the disposition of unused health D117

VerDate Aug 31 2005 07:19 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D31JA7.REC D31JAPT1 ccoleman on PRODPC75 with DIGEST D118 CONGRESSIONAL RECORD — DAILY DIGEST January 31, 2007 benefits in cafeteria plans and flexible spending ar- Enzi (for Allard) Amendment No. 169 (to rangements and the use of health savings accounts Amendment No. 100), to prevent identity theft by for the payment of health insurance premiums for allowing the sharing of social security data among high deductible health plans purchased in the indi- government agencies for immigration enforcement vidual market. Page S1364 purposes. Pages S1364–65 DeMint Amendment No. 156 (to Amendment Enzi (for Cornyn) Amendment No. 135 (to No. 100), to amend the Internal Revenue Code of Amendment No. 100), to amend the Internal Rev- 1986 regarding the disposition of unused health enue Code of 1986 to repeal the Federal unemploy- benefits in cafeteria plans and flexible spending ar- ment surtax. Page S1365 rangements. Page S1364 Enzi (for Cornyn) Amendment No. 138 (to DeMint Amendment No. 157 (to the language Amendment No. 100), to amend the Internal Rev- proposed to be stricken by Amendment No. 100), to enue Code of 1986 to expand workplace health in- increase the Federal minimum wage by an amount centives by equalizing the tax consequences of em- that is based on applicable State minimum wages. ployee athletic facility use. Page S1365 Page S1364 Division I of Sessions (for Kyl) Amendment No. DeMint Amendment No. 159 (to Amendment 210 (to Amendment No. 100), to provide for the No. 100), to protect individuals from having their permanent extension of increasing expensing for money involuntarily collected and used for lobbying small businesses, the depreciation treatment of lease- by a labor organization. Page S1364 hold, restaurant, and retail space improvements, and DeMint Amendment No. 160 (to Amendment the work opportunity tax credit. Page S1365 No. 100), to amend the Internal Revenue Code of Division II of Sessions (for Kyl) Amendment No. 1986 to allow certain small businesses to defer pay- 210 (to Amendment No. 100), to provide for the permanent extension of increasing expensing for ment of tax. Page S1364 DeMint Amendment No. 161 (to Amendment small businesses, the depreciation treatment of lease- No. 100), to prohibit the use of flexible schedules hold, restaurant, and retail space improvements, and by Federal employees unless such flexible schedule the work opportunity tax credit. Page S1365 Division III of Sessions (for Kyl) Amendment No. benefits are made available to private sector employ- 210 (to Amendment No. 100), to provide for the ees not later than 1 year after the date of enactment permanent extension of increasing expensing for of the Fair Minimum Wage Act of 2007. Page S1364 small businesses, the depreciation treatment of lease- DeMint Amendment No. 162 (to Amendment hold, restaurant, and retail space improvements, and No. 100), to amend the Fair Labor Standards Act of the work opportunity tax credit. Page S1365 1938 regarding the minimum wage. Page S1364 Division IV of Sessions (for Kyl) Amendment No. Kennedy (for Kerry) Amendment No. 128 (to 210 (to Amendment No. 100), to provide for the Amendment No. 100), to direct the Administrator permanent extension of increasing expensing for of the Small Business Administration to establish a small businesses, the depreciation treatment of lease- pilot program to provide regulatory compliance as- hold, restaurant, and retail space improvements, and Page S1364 sistance to small business concerns. the work opportunity tax credit. Page S1365 Martinez Amendment No. 105 (to Amendment Division V of Sessions (for Kyl) Amendment No. No. 100), to clarify the house parent exemption to 210 (to Amendment No. 100), to provide for the certain wage and hour requirements. Page S1364 permanent extension of increasing expensing for Sanders Amendment No. 201 (to Amendment small businesses, the depreciation treatment of lease- No. 100), to express the sense of the Senate con- hold, restaurant, and retail space improvements, and cerning poverty. Page S1364 the work opportunity tax credit. Page S1365 Gregg Amendment No. 203 (to Amendment No. Durbin Amendment No. 221 (to Amendment No. 100), to enable employees to use employee option 157), to change the enactment date. Page S1365 time. Page S1364 During consideration of this measure today, the Burr Amendment No. 195 (to Amendment No. Senate also took the following action: 100), to provide for an exemption to a minimum By 46 yeas to 50 nays (Vote No. 38), three-fifths wage increase for certain employers who contribute of those Senators duly chosen and sworn, not having to their employees health benefit expenses. voted in the affirmative, Senate rejected the motion Page S1364 to waive section 505(a) of H. Con. Res. 95, Congres- Kennedy (for Feinstein) Amendment No. 167 (to sional Budget Resolution, with respect to Kyl Amendment No. 118), to improve agricultural job Amendment No. 115 (to Amendment No. 100), to opportunities, benefits, and security for aliens in the extend through December 31, 2008, the depreciation United States. Page S1364 treatment of leasehold, restaurant, and retail space

VerDate Aug 31 2005 07:19 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D31JA7.REC D31JAPT1 ccoleman on PRODPC75 with DIGEST January 31, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D119 improvements. Subsequently, the point of order that time consumed during votes, count against the time the amendment increases mandatory spending and post-cloture on H.R. 2. Page S1466 would cause an increase in the deficit in excess of Messages From the House: Page S1408 levels permitted by H. Con. Res. 95, was sustained, Messages Referred: Page S1408 and the amendment thus fell. Pages S1376–79 By 88 yeas to 8 nays (Vote No. 39), three-fifths Measures Read the First Time: Pages S1408, S1467 of those Senators duly chosen and sworn, having Executive Communications: Pages S1408–09 voted in the affirmative, Senate agreed to the motion Executive Reports of Committees: Page S1409 to close further debate on the bill. Page S1380 A unanimous-consent agreement was reached pro- Additional Cosponsors: Page S1411 viding that on Tuesday, February 1, 2007, following Statements on Introduced Bills/Resolutions: the votes on the confirmations of Lawrence Joseph Pages S1411–65 O’Neill, of California, to be United States District Additional Statements: Pages S1406–08 Judge for the Eastern District of California, Valerie L. Baker, of California, to be United States District Authorities for Committees to Meet: Judge for the Central District of California, and Pages S1465–66 Gregory Kent Frizzell, of Oklahoma, to be United Privileges of the Floor: Page S1466 States District Judge for the Northern District of Record Votes: Three record votes were taken today. Oklahoma, Senate continue consideration of the bill; (Total—39) Pages S1375, S1379, S1380 provided further that the time consumed during the adjournment of the Senate on Wednesday, January Adjournment: Senate convened at 9:30 a.m., and 31, 2007, and during the period of morning busi- adjourned at 8:27 p.m., until 10 a.m., on Thursday, ness on Thursday, February 1, 2007, be counted February 1, 2007. (For Senate’s program, see the re- against the time for debate on the bill, pursuant to marks of the Majority Leader in today’s Record on Rule XXII of the Standing Rules of the Senate. page S1467.) Page S1466 Nominations—Agreement: A unanimous-consent- Committee Meetings time agreement was reached providing that at 11:45 a.m., on Thursday, February 1, 2007, Senate begin (Committees not listed did not meet) consideration of the following nominations en bloc: Lawrence Joseph O’Neill, of California, to be United FEDERAL FOOD ASSISTANCE PROGRAM States District Judge for the Eastern District of Cali- Committee on Agriculture, Nutrition, and Forestry: Com- fornia, Valerie L. Baker, of California, to be United mittee concluded a hearing to examine the roles of States District Judge for the Central District of Cali- Federal food assistance programs in family economic fornia, and Gregory Kent Frizzell, of Oklahoma, to security and nutrition, focusing on payment errors be United States District Judge for the Northern and trafficking that have declined despite increased District of Oklahoma; that there be 10 minutes for program participation, after receiving testimony debate on the nominations, equally divided between from Sigurd R. Nilsen, Director, Education, Work- the Chairman and Ranking Member of the Com- force, and Income Security Issues, Government Ac- mittee on the Judiciary, or their designees; that at countability Office; Robert Greenstein, Center on the conclusion, or yielding back of time, Senate vote Budget and Policy Priorities, Washington, D.C.; on the confirmation of the nomination of Lawrence Robert Dostis, Vermont Campaign to End Child- Joseph O’Neill, of California, to be United States hood Hunger, Burlington; Bill Bolling, Atlanta District Judge for the Eastern District of California; Community Food Bank, Atlanta, Georgia; Luanne that following that vote Senate vote on the confirma- Francis, Kingsley House, New Orleans, Louisiana; tion of the nomination of Valerie L. Baker, of Cali- Melinda Newport, Chickasaw Nation, Ada, Okla- fornia, to be United States District Judge for the homa; Frank Kubik, Focus: Hope, Detroit, Michi- Central District of California; that following that gan; and Rhonda Stewart, Hamilton, Ohio. vote Senate vote on the confirmation of the nomina- tion of Gregory Kent Frizzell, of Oklahoma, to be BUSINESS MEETING United States District Judge for the Northern Dis- Committee on Agriculture, Nutrition, and Forestry: Com- trict of Oklahoma; that there be 2 minutes for de- mittee ordered favorably reported an original resolu- bate between the second and third votes; that the tion (S. Res. 57) authorizing expenditures by the Senate then return to legislative session and that all Committee and adopted its rules of procedure for the time consumed in executive session, including the 110th Congress.

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IRAQ Akaka, Casey, Reed, Carper, Brown, Tester, Menen- Committee on Armed Services: Committee met in closed dez, Crapo, Dole, Martinez, Allard, Enzi, Hagel, and session to receive a briefing regarding the Iraq Sununu. ‘‘surge’’ plan from Eric S. Edelman, Under Secretary Subcommittee on Securities, Insurance and Investment: of Defense for Policy; Barbara J. Stephenson, Deputy Senators Reed (Chairman), Menendez, Johnson, Senior Advisor to the Secretary and Deputy Coordi- Schumer, Bayh, Casey, Akaka, Tester, Allard, Enzi, nator for Iraq, Department of State; and Lieutenant Sununu, Bennett, Hagel, Bunning, and Crapo. General Douglas E. Lute, USA, Director for Oper- Subcommittee on Security and International Trade and ations, J–3, and Rear Admiral David J. Dorsett, Finance: Senators Bayh (Chairman), Brown, Johnson, USN, Director for Intelligence, J–2, both of The Casey, Dodd, Martinez, Enzi, Dole, and Bennett. Joint Staff. Subcommittee on Economic Policy: Senators Carper (Chairman), Brown, and Bunning. CONTRACTING FISCAL CHALLENGES Committee on Armed Services: Subcommittee on Readi- ness and Management Support concluded hearings to Committee on the Budget: Committee concluded a hear- examine abusive practices in Department of Defense ing to examine solutions to long-term fiscal chal- contracting for services and inter-agency contracting, lenges, after receiving testimony from Robert L. after receiving testimony from Marcia G. Madsen, Bixby, The Concord Coalition, Arlington, Virginia; Chair, Jonathan L. Etherton, and James A. (Ty) and Joseph J. Minarik, The Committee for Economic Hughes, both a Member, all of the Acquisition Ad- Development, Jason Furman, The Brookings Institu- visory Panel; Paul A. Denett, Administrator, Office tion, and Stuart M. Butler, The Heritage Founda- of Federal Procurement Policy, Office of Manage- tion, all of Washington, D.C. ment and Budget; and Shay Assad, Director, Defense PROMOTING TRAVEL TO THE UNITED Procurement and Acquisition Policy, Office of the STATES Under Secretary of Defense for Acquisition, Tech- Committee on Commerce, Science, and Transportation: nology and Logistics. Committee concluded a hearing to examine eco- U.S.-CHINA nomic and security concerns relating to promoting Committee on Banking, Housing, and Urban Affairs: travel to America, after receiving testimony from Committee concluded a hearing to examine the De- Stevan Porter, InterContinental Hotels Group, At- partment of the Treasury’s report to Congress on lanta, Georgia, on behalf of the Discover America International Economic and Exchange Rate Policy Partnership; Jay Rasulo, Walt Disney Parks and Re- (IEERP) and the U.S.-China strategic economic dia- sorts, Burbank, California, on behalf of the Travel logue, after receiving testimony from Henry M. Industry Association and the U.S. Travel and Tour- Paulson, Secretary of the Treasury; and Richard L. ism Advisory Board; Jonathan M. Tisch, Loews Ho- Trumka, American Federation of Labor and Congress tels, New York, New York, on behalf of the Travel of Industrial Organizations (AFL-CIO), Michael Business Roundtable and the Travel Industry Asso- Campbell, Arch Chemicals, Inc., National Associa- ciation; and James C. May, Air Transport Associa- tion of Manufacturers, Albert Keidel, Carnegie En- tion, Washington, D.C. dowment for International Peace, and C. Fred BUSINESS MEETING Bergsten, Peterson Institute for International Eco- nomics, all of Washington, D.C. Committee on Energy and Natural Resources: Committee ordered favorably reported the following bills: BUSINESS MEETING S. 202, to provide for the conveyance of certain Committee on Banking, Housing, and Urban Affairs: Forest Service land to the city of Coffman Cove, Committee ordered favorably reported an original Alaska; resolution (S. Res. 56) authorizing expenditures by S. 216, to provide for the exchange of certain Fed- the Committee. eral land in the Santa Fe National Forest and certain Also, committee adopted its rules of procedure for non-Federal land in the Pecos National Historical the 110th Congress and announced the following Park in the State of New Mexico; subcommittee assignments: S. 220, to authorize early repayment of obligations Subcommittee on Financial Institutions: Senators John- to the Bureau of Reclamation within the A & B Irri- son (Chairman), Tester, Menendez, Akaka, Reed, gation District in the State of Idaho; Schumer, Bayh, Carper, Hagel, Bennett, Allard, S. 232, to make permanent the authorization for Sununu, Bunning, Crapo, and Dole. watershed restoration and enhancement agreements; Subcommittee on Housing, Transportation, and Commu- S. 235, to authorize the Secretary of the Interior nity Development: Senators Schumer (Chairman), to convey certain buildings and lands of the Yakima

VerDate Aug 31 2005 07:19 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D31JA7.REC D31JAPT1 ccoleman on PRODPC75 with DIGEST January 31, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D121 Project, Washington, to the Yakima-Tieton Irriga- S. 200, to require the Secretary of the Interior, tion District; acting through the Bureau of Reclamation and the S. 240, to reauthorize and amend the National United States Geological Survey, to conduct a study Geologic Mapping Act of 1992; on groundwater resources in the State of Alaska. S. 241, to authorize the Secretary of the Interior to enter into cooperative agreements to protect nat- BUSINESS MEETING ural resources of units of the National Park System Committee on Environment and Public Works: On Janu- through collaborative efforts on land inside and out- ary 17, 2007, Committee announced the following side of units of the National Park System; subcommittee assignments: S. 245, to authorize the Secretary of the Interior Subcommittee on Public Sector Solutions to Global to designate the President William Jefferson Clinton Warming, Oversight, and Children’s Health Protection: Birthplace Home in Hope, Arkansas, as a National Senators Boxer (Chairman), Lieberman, Carper, Historic Site and unit of the National Park System; Klobuchar, Whitehouse, Alexander, Craig, Bond, S. 255, to provide assistance to the State of New and Thomas. Mexico for the development of comprehensive State Subcommittee on Transportation and Infrastructure: water plans; Senators Baucus (Chairman), Carper, Clinton, Cardin, S. 260, to establish the Fort Stanton-Snowy River Sanders, Isakson, Warner, Voinovich, and Vitter. Cave National Conservation Area, with an amend- Subcommittee on Private Sector and Consumer Solutions ment; to Global Warming and Wildlife Protection: Senators S. 262, to rename the Snake River Birds of Prey Lieberman (Chairman), Baucus, Lautenberg, Sanders, National Conservation Area in the State of Idaho as Warner, Thomas, and Isakson. the Morley Nelson Snake River Birds of Prey Na- Subcommittee on Clean Air and Nuclear Safety: Sen- tional Conservation Area in honor of the late Morley ators Carpers (Chairman), Lieberman, Clinton, Sand- Nelson, an international authority on birds of prey, ers, Voinovich, Isakson, and Alexander. who was instrumental in the establishment of this Subcommittee on Superfund and Environmental Health: National Conservation Area; Senators Clinton (Chairman), Baucus, Lautenberg, S. 263, to amend the Oregon Resource Conserva- Cardin, Craig, Vitter, and Bond. tion Act of 1996 to reauthorize the participation of Subcommittee on Transportation Safety, Infrastructure the Bureau of Reclamation in the Deschutes River Security, and Water Quality: Senators Lautenberg Conservancy; (Chairman), Cardin, Klobuchar, Whitehouse, Vitter, S. 264, to authorize the Bureau of Reclamation to Bond, and Voinovich. participate in the rehabilitation of the Wallowa Lake Senators Boxer and Inhofe are ex officio members Dam in Oregon, with an amendment in the nature of each of the Subcommittees. of a substitute; S. 265, to authorize the Secretary of the Interior, BUSINESS MEETING acting through the Bureau of Reclamation, to con- duct a water resource feasibility study for the Little Committee on Finance: Committee ordered favorably Butte/Bear Creek Subbasins in Oregon; reported an original resolution (S. Res. 59) author- S. 266, to provide for the modification of an izing expenditures by the Committee. amendatory repayment contract between the Sec- Also, committee ordered favorably reported the retary of the Interior and the North Unit Irrigation nominations of Michael J. Astrue, of Massachusetts, District; to be Commissioner of Social Security, and Dean A. S. 268, to designate the Ice Age Floods National Pinkert, of Virginia, and Irving A. Williamson, of Geologic Trail; New York, each to be a Member of the United S. 275, to establish the Prehistoric Trackways Na- States International Trade Commission. tional Monument in the State of New Mexico, with amendments; IRAQ S. 277, to modify the boundaries of Grand Teton Committee on Foreign Relations: Committee continued National Park to include certain land within the GT hearings to examine securing America’s interests in Park Subdivision; Iraq, focusing on the remaining options in Iraq in S. 283, to amend the Compact of Free Association the strategic context, receiving testimony from Amendments Act of 2003; Henry A. Kissinger, Kissinger McLarty Associates, S. 320, to provide for the protection of paleon- New York, New York, and Madeleine K. Albright, tological resources on Federal lands; The Albright Group LLC, Washington, D.C., both H.R. 57, to repeal certain sections of the Act of a former Secretary of State. May 26, 1936, pertaining to the Virgin Islands; and Hearings to continue on Thursday, February 1.

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BUSINESS MEETING Homeland Security; Richard M. Stana, Director, Committee on Health, Education, Labor, and Pensions: Homeland Security and Justice Issues, Government Committee ordered favorably reported the following Accountability Office; Phillip J. Bond, Information business items: Technology Association of America, Arlington, Vir- S. 358, to prohibit discrimination on the basis of ginia; and C. Stewart Verdery, Jr., Monument Policy genetic information with respect to health insurance Group, LLC, Washington, D.C. and employment, with an amendment in the nature of a substitute; and BUSINESS MEETING An original resolution (S. Res. 54) authorizing ex- Committee on Rules and Administration: Committee or- penditures by the Committee. dered favorably reported an original resolution (S. Also, committee adopted its rules of procedure for Res. 63) authorizing expenditures by the Committee the 110th Congress and announced the following and adopted its rules of procedure for the 110th subcommittee assignments: Congress. Subcommittee on Children and Families: Senators Dodd (Chairman), Bingaman, Murray, Reed, Clin- SERVICE-DISABLED VETERANS FEDERAL ton, Obama, Sanders, Alexander, Gregg, Murkowski, PROCUREMENT AND ASSISTANCE Hatch, Roberts, and Allard. Committee on Small Business and Entrepreneurship: Com- Subcommittee on Employment and Workplace Safety: mittee concluded an oversight hearing to examine Senators Murray (Chairman), Dodd, Harkin, Mikul- Federal small business assistance programs for vet- ski, Clinton, Obama, Brown, Isakson, Burr, Mur- erans and reservists, after receiving testimony from kowski, Roberts, Allard, and Coburn. Linda Bithell Oliver, Acting Director, Office of Subcommittee on Retirement and Aging: Mikulski Small Business Programs, Office of the Under Sec- (Chairman), Harkin, Bingaman, Reed, Sanders, retary of Defense for Acquisition, Technology, and Brown, Burr, Gregg, Alexander, Isakson, and Hatch. Logistics; Scott F. Denniston, Director, Office of Senators Kennedy and Enzi are ex officio members Small and Disadvantaged Business Utilization and of each of the Subcommittees. the Center for Veterans Enterprise, Department of IRAQ STUDY GROUP REPORT Veterans Affairs; William D. Elmore, Associate Ad- ministrator for Veterans Business Development, U.S. Committee on the Judiciary: Committee concluded a Small Business Administration; Louis J. Celli, Jr., hearing to examine the Iraq Study Group report, fo- Northeast Veteran’s Business Resource Center, Inc., cusing on recommendations for improvements to Boston, Massachusetts; Captain Ann S. Yahner, USN Iraq’s police and criminal justice system, including S. 119, to prohibit profiteering and fraud relating to (Ret.), Penobscot Bay Media, LLC, Camden, Maine; military action, relief, and reconstruction efforts, Bob Hesser, HI Tech Services, Inc., and Allied Tech- after receiving testimony from former Representative nical Services Group, LLC, Herndon, Virginia; and Lee H. Hamilton, Co-Chair, and Edwin Meese III, Ted Daywalt, VetJobs, Marietta, Georgia. Member, both of the Iraq Study Group. MEDICARE PART D US-VISIT PROGRAM Special Committee on Aging: Committee concluded a Committee on the Judiciary: Subcommittee on Ter- hearing to examine if Medicare Part D is working rorism, Technology and Homeland Security con- for Low Income Subsidy (LIS) eligible beneficiaries, cluded a hearing to examine challenges and strate- after receiving testimony from S. Lawrence Kocot, gies for securing the border of the United States, fo- Senior Advisor to the Administrator, Centers for cusing on the United States Visitor and Immigrant Medicare and Medicaid Services, Department of Status Indicator Technology (US-VISIT) program, Health and Human Services; Beatrice Disman, New and strategic, operational, and technological chal- York Regional Commissioner of Social Security, So- lenges at land ports of entry, after receiving testi- cial Security Administration; and Howard Bedlin, mony from Richard C. Barth, Assistant Secretary for National Council on Aging, and Ellen Leitzer, Policy Development, and Robert A. Mocny, Acting Health Assistance Partnership, both of Washington, Director, US-VISIT, both of the Department of D.C.

VerDate Aug 31 2005 07:19 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D31JA7.REC D31JAPT1 ccoleman on PRODPC75 with DIGEST January 31, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D123 House of Representatives Trade Policy and Negotiations: Representatives Ran- Chamber Action gel, Levin, Tanner, McCrery, and Herger. Page H1071 Public Bills and Resolutions Introduced: 55 pub- Committee on Ways and Means Recommenda- lic bills, H.R. 740–794; 2 private bills, H.R. tions: Read a letter from Chairman Rangel of the 795–796; and 12 resolutions, H.J. Res. 21; H. Con. Committee on Ways and Means wherein he for- Res. 48–52; and H. Res. 117–123 were introduced. warded the Committee’s recommendations for certain Pages H1149–52 positions for the 110th Congress. Page H1071 Additional Cosponsors: Pages H1152–54 Question of Consideration: The House agreed to Reports Filed: There were no reports filed today. consider H.J. Res. 20, making further continuing Speaker: Read a letter from the Speaker wherein she appropriations for the fiscal year 2007, by a recorded appointed Representative Pomeroy to act as Speaker vote of 222 ayes to 179 noes, Roll No. 68. The House further agreed to the Obey motion to table Pro Tempore for today. Page H1057 the motion to reconsider the vote, by a recorded vote Chaplain: The prayer was offered by the guest of 226 ayes to 180 noes, Roll No. 69. Pages H1071–88 Chaplain, Rev. Dr. John F. Ross, Pastor, Wayzata Community Church, Wayzata, Minnesota. Making further continuing appropriations for the fiscal year 2007: The House agreed to H.J. Res. Page H1057 20, to make further continuing appropriations for Suspensions—Proceedings Resumed: The House the fiscal year 2007, by a recorded vote of 286 ayes agreed to suspend the rules and pass the following to 140 noes, Roll No. 72. measures which were debated on Tuesday, January Pages H1059–68, H1070–H1113 30: Agreed to the Obey motion to table the appeal of Supporting the goals and ideals of National En- the ruling of the chair on a point of order raised by gineers Week: H. Res. 59, to support the goals and Mr. McHenry, by a yea-and-nay vote of 226 yeas to ideals of National Engineers Week, by a 2⁄3 yea-and- 184 nays, Roll No. 70. Pages H1088–89 nay vote of 417 yeas with none voting ‘‘nay,’’ Roll Rejected the Lewis (CA) motion to recommit the No. 64; Pages H1068–69 bill to the Committee on Appropriations with in- structions to report the same back to the House Honoring the life of Percy Lavon Julian, a pio- forthwith with amendments, by a yea-and-nay vote neer in the field of organic chemistry research and of 196 yeas to 228 nays, Roll No. 71. Pages H1110–12 development and the first and only African Amer- ican chemist to be inducted into the National H. Res. 116, the rule providing for consideration of the resolution, was agreed to by a recorded vote Academy of Sciences: H. Con. Res. 34, to honor the of 225 ayes to 191 noes, Roll No. 67, after agreeing life of Percy Lavon Julian, a pioneer in the field of to order the previous question by a yea-and-nay vote organic chemistry research and development and the of 227 yeas to 192 nays, Roll No. 66. Pages H1070–71 first and only African American chemist to be in- ducted into the National Academy of Sciences, by a Calendar Wednesday: Agreed by unanimous con- 2⁄3 yea-and-nay vote of 418 yeas with none voting sent to dispense with the Calendar Wednesday busi- ‘‘nay,’’ Roll No. 65; and Pages H1069–70 ness of Wednesday, February 7. Page H1116 Expressing support for the designation and goals Speaker Pro Tempore: Read a letter from the of ‘‘Hire a Veteran Week’’ and encouraging the speaker wherein she appointed Representative Hoyer President to issue a proclamation supporting those and Representative Van Hollen to act as Speaker pro goals: H. Con. Res. 5, to express support for the des- tempore to sign enrolled bills and joint resolutions ignation and goals of ‘‘Hire a Veteran Week’’ and through February 5, 2007. Page H1143 encourage the President to issue a proclamation sup- Quorum Calls—Votes: Six yea-and-nay votes and porting those goals, by a 2⁄3 yea-and-nay vote of 411 four recorded votes developed during the proceedings yeas with none voting ‘‘nay,’’ Roll No. 73. of today and appear on pages H1068–69, Page H1113 H1069–70, H1070, H1070–71, H1087, H1088, Congressional Advisers on Trade Policy and Ne- H1089, H1111–12, H1112–13 and H1113. There gotiations: The Chair announced the Speaker’s ap- were no quorum calls. pointment of the following Members of the House Adjournment: The House met at 10 a.m. and at of Representatives as Congressional Advisers on 7:59 p.m., pursuant to the provisions of H. Con.

VerDate Aug 31 2005 07:19 Feb 01, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D31JA7.REC D31JAPT1 ccoleman on PRODPC75 with DIGEST D124 CONGRESSIONAL RECORD — DAILY DIGEST January 31, 2007 Res. 41, stands adjourned until 2 p.m. on Monday, COMMITTEE ORGANIZATION February 5, 2007. Committee on Financial Services: Met for organizational purposes. Committee Meetings IRAN CRISIS Committee on Foreign Affairs: Held a hearing on Un- ARMY EQUIPMENT RESET derstanding the Iran Crisis. Testimony was heard Committee on Armed Services: Subcommittee on Air and from public witnesses. Land Forces and the Subcommittee on Readiness OVERSIGHT—PRESIDENTIAL SIGNING held a joint hearing on Army equipment reset. Tes- STATEMENTS timony was heard from the following officials of the Department of Defense: MG Vincent E. Boles, USA, Committee on the Judiciary: Held an oversight hearing Assistant Deputy Chief of Staff, G–4; BG Charles A. entitled ‘‘Presidential Signing Statements under the Anderson, USA, Director, Force Development, Office Bush Administration: A Threat to Checks and Bal- of the Chief of Staff, G–8; BG Robert M. Radin, ances and the Rule of Law?’’ Testimony was heard USA, Deputy Chief of Staff, Logistics and Oper- from John Elwood, Deputy Assistant Attorney Gen- ations, U.S. Army Materiel Command; and Thomas eral, Office of Legal Counsel, Department of Justice; E. Mullins, Deputy Assistant Secretary of the Army, former Representative Mickey Edwards of Oklahoma; Plans, Programs, and Resources; and William M. and public witnesses. Solis, Director, Defense Capabilities and Manage- MISCELLANEOUS MEASURES ment Team, GAO. Committee on Science and Technology: Ordered reported the following measures: H.R. 547, as amended, Ad- NATIONAL NUCLEAR SECURITY vanced Fuels Infrastructure Research and Develop- ADMINISTRATION ACT IMPLEMENTATION ment Act; and H. Res. 72, Recognizing the work Committee on Armed Services: Subcommittee on Stra- and accomplishments of Mr. Britt ‘‘Max’’ Mayfield, tegic Forces held a hearing on the Department of Director of the National Hurricane Center’s Tropical Energy’s implementation of the National Nuclear Se- Prediction Center upon his retirement. curity Administration Act of 2000. Testimony was COMMITTEE ORGANIZATION; OVERSIGHT heard from Samuel W. Bodman, Secretary of Energy; PLAN and the following officials of the Natural Resources and Environment Division, GAO: Gene Aloise, Di- Committee on Small Business: Met for organizational rector; and James Noel, Assistant Director. purposes. The Committee also approved an Oversight Plan SPECIAL OPERATIONS FORCES for the 110th Congress. Committee on Armed Services: Subcommittee on Ter- FEDERAL RAILROAD SAFETY PROGRAM rorism, Unconventional Threats and Capabilities REAUTHORIZATION held a hearing on current manning, equipping and Committee on Transportation and Infrastructure: Sub- readiness challenges facing Special Operations Forces. committee on Railroads, Pipelines, and Hazardous Testimony was heard from the following officials of Materials concluded hearings on Reauthorization of the Department of Defense: GEN Doug Brown, the Federal Rail Safety Program. Testimony was USA, Commander, U.S. Special Operations Com- heard from public witnesses. mand; LTG Robert W. Wagner, USA, Commander, MISCELLANEOUS MEASURES U.S. Army Special Operations Command; RADM Joseph Maguire, USN, Commander, U.S. Naval Spe- Committee on Transportation and Infrastructure: Sub- cial Warfare Command; LTG Michael M. Wooley, committee on Water Resources and Environment ap- USAF, Commander, U.S. Air Force Special Oper- proved for full Committee action the following bills: ations Command; and MG Dennis J. Hejlik, USMC, H.R. 720, Healthy Communities Water Supply Act Commander, U.S. Marine Corps Special Operations of 2007; H.R. 569, as amended, Water Quality In- Command. vestment Act of 2007; and H.R. 700, as amended, Water Quality Financing Act of 2007. STRENGTHENING THE MIDDLE CLASS MIDDLE CLASS ECONOMIC CHALLENGES Committee on Education and Labor: Held a hearing on Committee on Ways and Means: Held a hearing on the Strengthening America’s Middle Class: Evaluating Economic Challenges Facing Middle Class Families. the Economic Squeeze on America’s Families. Testi- Testimony was heard from Peter R. Orszag, Direc- mony was heard from public witnesses. tor, CBO; and public witnesses.

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Committee on Finance: to hold hearings to examine im- Joint Meetings proving the health of America’s children relating to the future of Children’s Health Insurance Program (CHIP), MIDDLE-CLASS PROSPERITY 10 a.m., SD–215. Joint Economic Committee: Committee concluded a Committee on Foreign Relations: business meeting to con- sider an original resolution authorizing expenditures by hearing to examine ensuring the economic future by the committee during the 110th Congress; to be followed promoting middle-class prosperity, after receiving by a hearing to examine securing America’s interests in testimony from Robert E. Rubin, Citigroup, New Iraq, focusing on the remaining options in Iraq in the York, New York, and Lawrence H. Summers, Har- strategic context, 9:15 a.m., SH–216. vard University, Cambridge, Massachusetts, both a Committee on Homeland Security and Governmental Affairs: former Secretary of the Treasury; Alan S. Blinder, Subcommittee on Oversight of Government Management, Princeton University, Princeton, New Jersey; and the Federal Workforce, and the District of Columbia, to Richard Vedder, Ohio University, Athens, American hold hearings to examine privacy implications of the Fed- Enterprise Institute. eral government’s health information technology initiative relating to private health records, focusing on the efforts COMMITTEE MEETINGS FOR THURSDAY, of Department of Health and Human Services to inte- FEBRUARY 1, 2007 grate privacy into the Health Information Technology na- tional infrastructure and Office of Personnel Manage- (Committee meetings are open unless otherwise indicated) ment’s efforts to expand the use of Health Information Technology through the Federal Employees Health Bene- Senate fits Program and the impact such actions have on Federal Committee on Armed Services: to hold hearings to examine employees’ health information privacy, 2:30 p.m., the nomination of Gen. George W. Casey Jr., USA, for SD–342. reappointment to the grade of general and to be Chief of Committee on Indian Affairs: to hold hearings to examine Staff, United States Army, 9:30 a.m., SR–325. the nomination of Carl Joseph Artman, of Colorado, to Committee on the Budget: to hold hearings to examine the be an Assistant Secretary of the Interior for Indian Af- current account deficit and the foreign debt of the United fairs; to be followed by a business meeting to consider States, 10 a.m., SD–608. the nomination, 9:30 a.m., SR–485. Committee on Commerce, Science, and Transportation: to Select Committee on Intelligence: to hold hearings to exam- hold hearings to examine a view from the Federal Com- ine the nomination of J. Michael McConnell, of Virginia, munications Commission relating to assessing the com- to be Director of National Intelligence, 2:30 p.m., munications marketplace, 10 a.m., SR–253. SD–106. Committee on Energy and Natural Resources: to hold hear- Full Committee, to hold closed hearings to examine ings to examine accelerated biofuels diversity, focusing on certain intelligence matters, 2:30 p.m., SH–219. how home-grown, biologically derived fuels can blend into the nation’s transportation fuel mix, 9:30 a.m., House SDG–50. No Committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, February 1 2 p.m., Monday, February 5

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 11:45 a.m.), Sen- ate will begin consideration of the nominations of Law- rence Joseph O’Neill, of California, to be United States District Judge for the Eastern District of California, Val- erie L. Baker, of California, to be United States District Judge for the Central District of California, and Gregory Kent Frizzell, of Oklahoma, to be United States District Judge for the Northern District of Oklahoma, and after a period of debate vote on confirmation of the nomina- tions; following which, Senate will continue consideration of H.R. 2, Fair Minimum Wage.

Extensions of Remarks, as inserted in this issue

HOUSE

Fattah, Chaka, Pa., E224 Kucinich, Dennis J., Ohio, E223 Lewis, Ron, Ky., E223 Pelosi, Nancy, Calif., E223

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