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

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

Vol. 153 WASHINGTON, MONDAY, MAY 7, 2007 No. 74 House of Representatives The House met at 12:30 p.m. and was Lord God, throughout our Nation’s Mr. FALEOMAVAEGA led the Pledge called to order by the Speaker pro tem- history, You have raised up men and of Allegiance as follows: pore (Mr. FILNER). women who have seen Your goodness in I pledge allegiance to the Flag of the f the beauty of nature and understand United States of America, and to the Repub- Your essential purpose in the unfolding lic for which it stands, one nation under God, DESIGNATION OF SPEAKER PRO of human events. indivisible, with liberty and justice for all. TEMPORE Henry Thoreau was an early Amer- The SPEAKER pro tempore laid be- ican hero, and possibly a mystic, who f fore the House the following commu- wrote an account of his 2 years spent in nication from the Speaker: quiet solitude at Walden Pond. What he COMMUNICATION FROM THE WASHINGTON, DC, wrote about early America became a CLERK OF THE HOUSE May 7, 2007. classic, but he was an American classic The SPEAKER pro tempore laid be- I hereby appoint the Honorable BOB FILNER himself. to act as Speaker pro tempore on this day. Thoreau embodied the early spirit of fore the House the following commu- NANCY PELOSI, nonconformity in breaking bonds of so- nication from the Clerk of the House of Speaker of the House of Representatives. cial hypocrisy. By taking time to seek Representatives: f spiritual truth, he wrapped himself in OFFICE OF THE CLERK, MORNING HOUR DEBATES the beauty of nature and sought escape HOUSE OF REPRESENTATIVES, from a world in which ‘‘the mass of Washington, DC, May 4, 2007. The SPEAKER pro tempore. Pursu- Hon. NANCY PELOSI, ant to the order of the House of Janu- people lead lives of quiet desperation.’’ Speaker, House of Representatives, He wrote: ‘‘I went to the woods be- ary 4, 2007, the Chair will now recog- Washington, DC. cause I wanted to live deliberately, to nize Members from lists submitted by DEAR MADAM SPEAKER: Pursuant to the the majority and minority leaders for confront the essential facts of life and permission granted in Clause 2(h) of Rule II morning hour debates. The Chair will see if I could not learn what life had to of the Rules of the U.S. House of Representa- alternate recognition between the par- teach, and not, when I came to die, dis- tives, the Clerk received the following mes- ties, with each party limited to not to cover that I had not lived.’’ sage from the Secretary of the Senate on Lord, awaken America today. Lift May 4, 2007, at 10:48 a.m.: exceed 30 minutes, and each Member, the Nation above hypocrisy and enable except the majority leader, the minor- Reappointments: its people to face the essentials of gov- ity leader, or the minority whip, lim- President’s Export Council (1) ernment, the essentials of religious ited to not to exceed 5 minutes. Appointments: faith and the power of transformative President’s Export Council (2) f love and daily service to others. With best wishes, I am, RECESS Renew in us hope, O Lord, so with Sincerely, The SPEAKER pro tempore. Pursu- Thoreau we might say: We live ‘‘with LORRAINE C. MILLER, ant to clause 12(a) of rule I, the Chair an infinite expectation of the dawn, Clerk of the House. declares the House in recess until 2 which does not forsake us in our sound- p.m. today. est sleep.’’ Amen. f Accordingly (at 12 o’clock and 31 f minutes p.m.), the House stood in re- THE JOURNAL COMMUNICATION FROM THE CLERK OF THE HOUSE cess until 2 p.m. The SPEAKER pro tempore. The f Chair has examined the Journal of the The SPEAKER pro tempore laid be- b 1400 last day’s proceedings and announces fore the House the following commu- to the House his approval thereof. nication from the Clerk of the House of AFTER RECESS Pursuant to clause 1, rule I, the Jour- Representatives: The recess having expired, the House nal stands approved. OFFICE OF THE CLERK, was called to order by the Speaker pro f HOUSE OF REPRESENTATIVES, tempore (Mr. ALTMIRE) at 2 p.m. PLEDGE OF ALLEGIANCE Washington, DC, May 7, 2007. f Hon. NANCY PELOSI, The SPEAKER pro tempore. Will the Speaker, House of Representatives, PRAYER gentleman from American Samoa (Mr. Washington, DC. The Chaplain, the Reverend Daniel P. FALEOMAVAEGA) come forward and lead DEAR MADAM SPEAKER: Under Clause 2(g) Coughlin, offered the following prayer: the House in the Pledge of Allegiance. of Rule II of the Rules of the U.S. House of

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 02:48 May 08, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MY7.000 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4490 CONGRESSIONAL RECORD — HOUSE May 7, 2007 Representatives, I herewith designate Ms. as symbolized by the portrait of the Whereas the East-West Center, as estab- Deborah M. Spriggs, Deputy Clerk, and Mr. Marquis de Lafayette here in the lished by the United States Congress in 1960, Jorge E. Sorensen, Deputy Clerk, to Sign Chamber. France is a major investor in contributes to a peaceful, prosperous, and any and all papers and do all other acts for America, and I am grateful the mid- just Asia Pacific community by conducting me under the name of the Clerk of the House cooperative research, education, and dia- which they would be authorized to do by vir- lands of South Carolina is home to logue programs on critical issues of common tue of this designation, except such as are three Michelin plants. concern to the Asia Pacific region and the provided by statute, in case of my temporary America and France have a common United States; absence or disability. enemy in the global war on terrorism, Whereas the Pacific Islands Conference of These designations shall remain in effect and we have mutually beneficial goals Leaders was created in 1980 at the East-West for the 110th Congress or until modified by of economic development for our citi- Center, which sponsors and supports this re- me. zens. The French Caucus in Congress gional institution through its Pacific Islands With best wishes, I am, looks forward to promoting our vibrant Development Program; Sincerely, partnership. Whereas the Pacific Islands Conference of LORRAINE C. MILLER, The election of Nicolas Sarkozy is a Leaders is the most broadly-based regional Clerk of the House. welcomed change to restore the warm cooperation institution in the Pacific, including 20 leaders from both independent Pa- f relationship America desires with cific island nations and other Pacific govern- GET THERE FIRSTEST WITH THE France. ments; In conclusion, God bless our troops, MOSTEST Whereas for the first the time in its his- and we will never forget September 11. tory, through the cooperation of the East- (Mr. POE asked and was given per- f West Center, the Department of State, and mission to address the House for 1 Congress, the Pacific Islands Conference of minute.) COMMUNICATION FROM STAFF Leaders is convening May 7, 2007, through Mr. POE. Mr. Speaker, does anybody MEMBER OF HON. DAVID PRICE, May 9, 2007, in Washington, D.C.; realize there’s a war going on out there MEMBER OF CONGRESS Whereas the United States has maintained in the desert sands of Iraq and the The SPEAKER pro tempore laid be- deep and enduring relations with the peoples fore the House the following commu- of the Pacific islands during times of peace rough mountains of Afghanistan? Ap- and war and is linked to the Pacific not only parently not, or Congress would be tak- nication from Dave Russell, District through geography but also through common ing care of our troops. Liaison, Office of the Honorable DAVID interest and values; Mr. Speaker, the troops will be out of PRICE, Member of Congress: Whereas the governments of the Pacific Is- funds to carry the fight to the enemy HOUSE OF REPRESENTATIVES, lands Region are key partners with the by the end of June. So where’s the Washington, DC, May 2, 2007. United States in combating terrorism in all money? Hon. NANCY PELOSI, its forms; Spending money is what Congress Speaker, House of Representatives, Whereas the United States and the Pacific island nations can enhance their cooperation does. Why hasn’t this body provided Washington, DC. DEAR MADAM SPEAKER: This is to formally in many other areas, including mutually the funds for our troops and equipment notify you, pursuant to Rule VIII of the beneficial trade and economic relationships, and for more personnel? Rules of the House of Representatives, that I tourism, environmental protection, mainte- This is an emergency. Delaying will have been served with a judicial subpoena for nance of fisheries, and other maritime re- put our troops at risk. We should au- trial testimony issued by the Orange County, sources, addressing climate change, democ- thorize the funds now; send equipment North Carolina District Court. racy and good governance, and combating now and, if needed, send more troops. After consulting with the Office of General the spread of infectious diseases; and Counsel, I have determined that compliance The American people expect our mili- Whereas there are increasing numbers of with the subpoena is consistent with the Americans of Pacific islander ancestry mak- tary to do their duty. Well, the Amer- privileges and rights of the House. ing myriad contributions to America’s dyna- ican people expect us to do ours as Sincerely, mism and diversity: Now, therefore, be it well. DAVE RUSSELL, Resolved, That the House of Representa- Congress needs to quit talking about District Liaison. tives— supporting the troops and put money f (1) recognizes and welcomes the leaders of where our mouths seem to be. the Pacific Islands to Washington, D.C.; and ANNOUNCEMENT BY THE SPEAKER (2) commends the East-West Center for Nathan Bedford Forrest, successful PRO TEMPORE Confederate general, said it best about hosting the Pacific Islands Conference of Leaders. winning and victory and the means to The SPEAKER pro tempore. Pursu- do so. He said: ‘‘Get there firstest with ant to clause 8 of rule XX, the Chair The SPEAKER pro tempore. Pursu- the mostest.’’ will postpone further proceedings ant to the rule, the gentleman from Congress needs to send the generals today on motions to suspend the rules American Samoa (Mr. FALEOMAVAEGA) the mostest, Mr. Speaker, needs to on which a recorded vote or the yeas and the gentleman from Texas (Mr. send equipment and personnel that is and nays are ordered, or on which the POE) each will control 20 minutes. The Chair recognizes the gentleman needed. Doing this will help our mis- vote is objected to under clause 6 of from American Samoa. sion in spite of the Congressional Sur- rule XX. Record votes on postponed questions GENERAL LEAVE render Group’s desire to retreat and will be taken after 6:30 p.m. today. quit. Mr. FALEOMAVAEGA. Mr. Speaker, And that’s just the way it is. f I ask unanimous consent that all Mem- bers may have 5 legislative days to re- RECOGNIZING AND WELCOMING f vise and extend their remarks and to THE LEADERS OF THE PACIFIC include extraneous material on the res- CONGRATULATIONS TO PRESI- ISLANDS DENT-ELECT NICOLAS SARKOZY olution under consideration. Mr. FALEOMAVAEGA. Mr. Speaker, The SPEAKER pro tempore. Is there (Mr. WILSON of South Carolina I move to suspend the rules and agree objection to the request of the gen- asked and was given permission to ad- to the resolution (H. Res. 355) recog- tleman from American Samoa? dress the House for 1 minute and to re- nizing and welcoming the leaders of the There was no objection. vise and extend his remarks.) Pacific Islands to Washington, D.C., Mr. FALEOMAVAEGA. Mr. Speaker, Mr. WILSON of South Carolina. Mr. and commending the East-West Center I yield myself such time as I may con- Speaker, I rise today to congratulate for hosting the Pacific Islands Con- sume. President-elect Nicolas Sarkozy, who ference of Leaders. Mr. Speaker, I rise in strong support the state newspaper has recognized as a The Clerk read the title of the resolu- of this resolution. ‘‘blunt and uncompromising pro-Amer- tion. I would like to thank my good friend, ican conservative.’’ The text of the resolution is as fol- the gentleman from Texas, for his as- As a person of French heritage, I wel- lows: sistance in managing this important come this change of course in France. H. RES. 355 legislation now before our colleagues. We appreciate that France was our Whereas the United States is a Pacific na- I would also like to thank our distin- first ally in the American Revolution, tion; guished chairman of the House Foreign

VerDate Aug 31 2005 02:48 May 08, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MY7.005 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4491 Affairs Committee, Mr. TOM LANTOS, the bloodiest wars ever fought in the cially to those who were directly ex- for his support of this resolution which Pacific. World War II was fought in two posed to nuclear radiation as a result recognizes and welcomes the leaders of fronts, one in Europe and the other in of our nuclear testing program. the Pacific Island nations to Wash- the Pacific. In the islands of the Solo- In the near future, I will be proposing ington, D.C., and certainly commends mons, where Guadalcanal, as some of a bill that will address the needs of the the East-West Center for hosting the you may have heard, is located in the people of the Marshall Islands as a re- Pacific Island Conference of Leaders. Pacific, so are the Marshall Islands, sult of our nuclear testing program, The Pacific Island Conference of the islands of Samoa, the Philippines, and I am hopeful that my colleagues Leaders represents some 14 island na- Papua, New Guinea, Palau, Guam, will support me in this effort. tions, three French territories and Saipan, Tinian, Rota, Tarawa, Midway, Some of my colleagues have asked three U.S. territories, including Amer- Borneo, Okinawa, Iwo Jima and several me, why should the United States take ican Samoa. Each year these leaders others. People of the Pacific played an interest in these small islands out meet at the East-West Center in Hono- critical roles in U.S. efforts to fight there in the middle of the Pacific? I lulu; but for the first time this year, Japanese military forces in response to need not repeat myself on the impor- this conference is being held here in the attack on Pearl Harbor on Decem- tance of these islands during World our Nation’s Capital. ber 7, 1941. War II, and I have just shared with my Because this is a significant occa- After World War II, with the excep- colleagues the tremendous sacrifices sion, I want to thank our distinguished tion of Guam, the United States unilat- the leaders and the people of the Mar- senior ranking member of the House erally declared the rest of Micronesia shall Islands made for the success of Foreign Affairs Committee, Ms. ROS- as a strategic trust, which meant that our nuclear testing program. I have LEHTINEN, as well as the ranking mi- these islands were placed under the ju- also pointed out the shameful neglect nority member of the House Foreign risdiction and protection of the United on the part of our Nation to properly Affairs Subcommittee on Asia and the States. address the property rights and health Pacific and the Global Environment, But a national debate also began as a care needs of these people who were ex- my good friend Mr. MANZULLO, for result of the devastation and the loss posed. All of them were exposed to nu- their support of this resolution. of some 200,000 lives when we dropped clear radiation. I also thank the 24 Members, our dis- Having said this, I want to reempha- two atom bombs by our military that tinguished colleagues, who joined us in size the Pacific Islands were valuable conducted this arrangement, where two cosponsoring this historic resolution, to our Nation during World War II, atom bombs were dropped on the cities including Congresswoman MADELEINE and, believe me, these nations will be of Hiroshima and Nagasaki. BORDALLO of Guam. I also commend valuable to us again in the future. We While the atom bombs brought an members of the Hawaii congressional fool ourselves if we believe we do not immediate end to World War II in the delegation, Senator DANIEL INOUYE, need allies in a volatile region that Pacific, scientists and political leaders Senator DANIEL AKAKA, Congressman covers one-third of the world’s surface. in our country debated whether or not NEIL ABERCROMBIE and Congresswoman We need the Pacific Island nations as nuclear energy was to be used for mili- MAZIE HIRONO, for their leadership in they need us. The people of the Pacific tary or peaceful purposes. support of this legislation and other nations do not want handouts, but they events and activities that will make b 1415 want equal treatment, respect, and the visit of our Pacific Island Leaders Although the military won its bid to economic assistance will be beneficial to Washington more meaningful and conduct a nuclear testing program, the to them as well as to us. The seabed productive. question was, where are we going to minerals within the exclusive eco- I especially want to thank also Gov- conduct the testing? Since it was obvi- nomic zones of these island nations are ernor Linda Lingle of the State of Ha- ously too dangerous to explode atomic worth hundreds of billions of dollars, waii for her support and for her co- bombs in any of the States in the con- but their potential use is priceless if hosting one of the important events tinental United States, it was deter- together we can find ways to harness that have been featured here while the mined that a place far and away was these resources. The same can be said guests are here in Washington. needed, and thus the U.S. military of their fisheries and marine resources, Mr. Speaker, I would also like to command chose the Marshall Islands as which will continue to be an ines- commend Dr. Charles Morrison, presi- timable worth as the world struggles to the place to conduct our nuclear test- dent of the East-West Center and mem- feed a growing population. ing program. bers of his staff, Dr. Sitiveni Halapua, There are many other areas in which I submit, Mr. Speaker, that I am not and Dr. Gerard Finin for their hard we can work together if we can begin sure if my colleagues are aware of the work in arranging meetings that are to establish even a USAID program in being held right now, as I speak, with fact that the U.S. exploded some 67 nu- the Pacific region. As chairman of the officials of the U.S. Department of clear bombs in the Marshall Islands. House Foreign Affairs Subcommittee State and other agencies of the Federal This also included the explosion of the on Asia, the Pacific and the Global En- Government. first hydrogen bomb ever in the history vironment, I look forward to working I want to especially thank our Sec- of the world. In layman’s terms, you with my colleagues to bring about retary of State, Condoleezza Rice, for must first explode an atomic bomb as a needed and necessary changes in our taking the time from her busy schedule trigger to explode a hydrogen bomb. current relations with our Pacific Is- to meet with our guests from the Pa- The hydrogen bomb that the U.S. ex- land neighbors. cific, and also Assistant Secretary of ploded in the Marshall Islands in 1954 On this historic occasion, Mr. Speak- State, Chris Hill, and Deputy Assistant was known as the Bravo Shot, and it er, I also welcome these leaders to our Secretary of State, Glyn Davies, and was measured as a 15-megaton nuclear Nation’s Capital, and I urge my col- their staffs for arranging appropriate device, a thousand times more powerful leagues to support this proposed legis- meetings with other officials rep- than the atom bombs we dropped on lation. resenting the various agencies of the Hiroshima and Nagasaki. Mr. Speaker, I reserve the balance of administration. I submit to my colleagues in the my time. Mr. Speaker, this is truly a historical House, at the height of the Cold War, Mr. POE. Mr. Speaker, I yield myself day in our Nation’s Capital. With the the people of the Marshall Islands such time as I may consume. exception of Australia and New Zea- made tremendous sacrifices of their Mr. Speaker, I want to thank the land, this is the first time in our coun- properties and, above all, of themselves gentleman from American Samoa for try’s history that this number of lead- after being exposed to nuclear radi- sponsorship of this resolution and Mr. ers representing the Pacific region are ation. To this day, our government, LANTOS, the chairman, and the ranking here as a group to meet with us and to Mr. Speaker, with all its honor and member from Florida (Ms. ROS- discuss issues that are mutually impor- glory, has not made good our promises LEHTINEN). tant to them, as well as to us. to properly compensate these people Today I rise to offer my endorsement It was only in the last half century for the loss of their properties and to of a resolution that recognizes the en- that our Nation was engaged in one of provide adequate medical care, espe- during ties of the United States and

VerDate Aug 31 2005 00:57 May 08, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.007 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4492 CONGRESSIONAL RECORD — HOUSE May 7, 2007 the Pacific Island nations. Our Na- Committee, Congressman Steve Solarz Ms. BORDALLO. Mr. Speaker, I rise tion’s links with the Pacific Islands ex- from New York; Congressman Bob Dor- today in support of House Resolution tend back to the earliest days of the nan from California; and myself. And 355, a resolution recognizing and wel- American Republic, when New England we visited the various island nations coming the leaders of the Pacific Is- whalers, symbolized by Captain Ahab, and found out that we have become lands to Washington, D.C., and com- sailed in the South Pacific. In those somewhat of a nation totally neglect- mending the East-West Center for early days, clipper ships also set sail ful of our efforts to establish good rela- hosting the Pacific Islands Conference from American ports across the Pacific tions with these island nations. of Leaders. in pursuit of the China trade. American I recall we visited the Solomon Is- I am encouraged by the strong sup- missionaries soon followed, journeying lands and specifically the Guadalcanal port that Congress continues to display to the Pacific Islands to deepen the that most Americans have heard in the toward promoting closer political, eco- cultural and religious ties between our news of World War II, which was where nomic and cultural ties among the is- two peoples. some of the bloodiest battles were lands and the countries of the Pacific Our bonds to our Pacific neighbors fought there by the Marines against region. This resolution is evidence of have been further enhanced by their Japanese forces. And in our efforts in the East-West Center’s excellent work ethnic and historic links to our 50th trying to find out what can we do on toward facilitating the achievement of State, Hawaii, America’s gateway to behalf of our country in terms of how those goals. the Pacific. we can express a sense of token appre- We have the unique honor this week When war came to the Pacific at ciation to the people of the Solomon Is- of hosting a State visit by the Queen of Pearl Harbor on that day of infamy, lands for the support they gave us dur- England. She and her husband, Prince December 7, 1941, the peoples of the Pa- ing the famous battles that we had to Phillip, began their 6-day trip to the cific joined the United States in turn- endure during the war there in Guadal- United States in Virginia last week. ing back the threat of the invader. It canal. And in doing so, we came back Notably, the Queen addressed the was two Solomon Islanders who brave- and submitted to the Congress a pro- State’s General Assembly and visited ly carried a coconut hidden in a canoe posal that what would be a good ges- Jamestown, which is observing the through enemy lines with the immor- ture on behalf of the people of America 400th anniversary of the founding of tal words: ‘‘Commander . . . native would be to build a parliamentary the first permanent English settlement knows position . . . he can pilot . . . 11 building for the Solomon Islands gov- in the Americas. alive . . . need small boat . . . Ken- ernment. And in doing so, we provided Indeed, Great Britain and the United nedy.’’ the funding, and I was privileged and States enjoy close, special relations es- The rescue of the crew of PT–109, in- honored to accompany the good Sen- tablished in revolution, forged in world cluding a future President of the ator from Rhode Island, Senator wars and tempered by peace and eco- United States, John F. Kennedy, is re- Chafee. And we went over to the Sol- nomic growth. This is a relationship to membered as one of the great epic sto- omon Islands to dedicate this new par- cherish. But let us not forget that the ries of the war in the Pacific. liamentary building and found out that United States is fortunate to have In the six decades since the end of Senator Chafee was a 19-year-old Ma- formed special relationships elsewhere that war, our diplomatic, commercial rine fighting enemy forces in Guadal- in the world. Those relationships are and cultural ties have grown steadily canal, and it was quite a statement and similarly important, especially those with our Pacific neighbors. One legacy a very moving experience that I had in that we share with the islands of the of the American President rescued by noticing one of our national leaders, Pacific region. the Pacific Islanders has been the the great Senator from Rhode Island, Like with Great Britain, the United Peace Corps, which has sent volunteers revisited Guadalcanal where this battle States shares an ocean with its friends to work together with the peoples of was fought. And he was there as a 19- in the Pacific. But we also share com- the Pacific for the past 40 years. year-old Marine. And we did this, and mon histories, culture and, among The East-West Center in Hawaii, es- the people of the Solomon Islands were other things, a great desire for peace tablished by the United States Con- very grateful that we were able to and economic security and prosperity gress in 1960, has been a vital source for build this new parliamentary building that forge indelible bonds between our cultural and academic exchange and as a token, as a gift, from the people of peoples. House Resolution 355 recog- for a dialogue on critical issues of mu- the United States to commemorate and nizes this. The resolution notes the tual concern. The center has played a to remember the tremendous sacrifices United States is a Pacific nation, and I pivotal role in cementing the ties be- not only that our soldiers and our Ma- could not agree more wholeheartedly tween the peoples of the United States rines made on these islands but also and firmly. The gaze of the United and the peoples of the Pacific Islands. I the support that the people of the Sol- States must be west. The Pacific Cen- commend the center for hosting the omon Islands provided us in the war ef- tury is undoubtedly upon us, and we Pacific Island Conference of Leaders fort. are fortunate to have such strong here in Washington, D.C. Therefore, I I also want to commend the Con- friendships and alliances established welcome the opportunity to offer my gress. I don’t know if our colleagues there. strong and enthusiastic support for are aware of the fact that, in 1960, Con- The eighth meeting of the Pacific Is- House Resolution 355, welcoming gress enacted special legislation to es- lands Conference of Leaders, which will America’s good friends, the leaders of tablish the East-West Center. And it occur this week in Washington, D.C., is the Pacific Islands, to Washington, was a tremendous effort to see what we evidence of the strong relationship D.C. could do to establish good relations be- that exists between the United States I offer them and the people of the Pa- tween the East and the Asian countries and the islands of the Pacific. The Pa- cific a warm welcome of ‘‘aloha.’’ and that of our own country. And that cific Islands Conference of Leaders, Mr. Speaker, I reserve the balance of was the very purpose. To establish ex- hosted by the East-West Center with my time. changes and to establish forums and the support of the Department of Mr. FALEOMAVAEGA. Mr. Speaker, symposiums to allow the leaders of the State, is comprised of 20 heads of gov- I yield myself such time as I may con- nations of Asia and the Pacific region ernment from the Pacific Islands resume. to meet together with our leaders and gion and meets once every 3 years. The I want to thank and commend my to see if we could resolve some of the conference members include: American good friend, the gentleman from Texas, issues and problems confronting the re- Samoa, the Cook Islands, the Fed- for a most eloquent statement and ob- gion as well as our own Nation. erated States of Micronesia, Fiji Is- servations in terms of our relationship So with that, I wanted to just share lands, French Polynesia, Guam, Ha- with these Pacific Island nations. those two points with our colleagues in waii, Kiribati, the Marshall Islands, I recall years ago we took a congres- the House. Nauru, New Caledonia, Niue, the sional delegation. At that time, the Mr. Speaker, I yield 6 minutes to my Northern Mariana Islands, Palau, chairman of our Asia and the Pacific good friend, the gentlewoman from the Papua New Guinea, Samoa, the Sol- Subcommittee of the Foreign Affairs Territory of Guam (Ms. BORDALLO). omon Islands, Tonga, Tuvalu, Vanuatu.

VerDate Aug 31 2005 00:57 May 08, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.025 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4493 Notably, this is the first time the Pa- FALEOMAVAEGA, for his leadership as this resolution. And, again, I urge my cific Islands Conference of Leaders has chairman of the Subcommittee on Asia colleagues to support this resolution. been held in Washington, and that the and the Pacific, and the Global Envi- Mr. ABERCROMBIE. Mr. Speaker, I rise commitment of the United States to ronment. We are all indebted to him today to support H. Res. 355, a resolution rec- the conference could not be stronger or for his command of the issues of con- ognizing and welcoming the leaders of the Pa- broader is encouraging. Very encour- cern to our allies in the Pacific and for cific Islands to Washington, D.C., and com- aging. his leadership in strengthening United mending the East-West Center for hosting the b 1430 States foreign defense and economic Pacific Islands Conference of Leaders. policy. The United States has always had a unique Interagency delegations to the con- I urge adoption of House Resolution relationship to the Pacific Islands. Not only do ference this week will include rep- 355. they help play a key role in the fight against resentatives from the Department of Mr. POE. Mr. Speaker, I yield myself terrorism, but these governments also aid the State, the Department of Defense, the as much time as I may consume. U.S. in its overall security. Furthermore, both United States Agency for International Mr. Speaker, I want to once again the U.S. and the Pacific Islands rely on the Development, the Office of the U.S. commend the gentleman from Amer- vast resources of the Pacific basin; these re- Trade Representative, the National ican Samoa for not only bringing forth sources while enormous are not unlimited, and Oceanic and Atmospheric Administra- this resolution, but his work in edu- management requires cooperation across all tion, the United States Coast Guard, cating the American public on the Pa- of our governments. These islands also work the Peace Corps and the Millennium cific Islands and the need for coopera- closely with the U.S. on an important environ- Challenge Corporation. These rep- tion with the United States and the mental and security concern, global climate resentatives’ participation during the Pacific Islands. change, which has the potential to drastically conference will further enhance the al- He mentioned the Solomon Islands affect all who depend on the Pacific for their ready excellent work on the part of during World War II. The Solomon Is- livelihood. Furthermore, trade, tourism, and their departments and agencies within lands, among many other island na- other economic ties further reveal the inter- the region. tions in the Pacific, helped the United dependence between the Pacific Islands and Mr. Speaker, we owe special thanks States combat imperialism. And when the U.S. The resolution before us recognizes to the East-West Center for its efforts the American troops left those islands, these factors. to organize this event. The East-West many of those nations had to suffer As we mark Asian Pacific American (APA) Center is an education and research or- continuously for the destruction that Heritage month, we would also be remiss to ganization established by the United occurred on their islands. And of not point out that Americans of Pacific Island States Congress in 1960 in order to course there are still Americans who decent are a rapidly growing ethnic group strengthen relations and under- are volunteering from American within the U.S. They add strength to our com- standings achieved between the United Samoa and Guam fighting in our Amer- munities with their diversity and values, and States and the peoples and the coun- ican forces overseas. And some Ameri- they make important contributions to the U.S. tries of Asia and the Pacific. cans sometimes forget that these two as a whole. The resolution also mentions this As noted in House Resolution 355, the areas of our country help in the great important fact. center successfully contributes to a war on terror. So I want to commend peaceful, a prosperous and a just Asia- him for bringing this resolution, and I Furthermore, the resolution discusses the Pacific community by serving as a vig- support the adoption of House Resolu- importance of the East-West Center, which orous hub for cooperative research, tion 355. runs the Conference of Leaders. Congress es- education and dialogue on critical With that, Mr. Speaker, I yield back tablished the East-West Center, which is issues of common concern to the Asia- the balance of my time. based in my district, in 1960. The East-West Pacific region and the United States. Mr. FALEOMAVAEGA. Mr. Speaker, Center seeks to establish a dialogue between The East-West Center has established may I inquire as to how much time I the peoples and nations of Asia, the Pacific, for itself a strong reputation as an have remaining. and the U.S. The East-West Center provides ideal forum for emerging leaders and The SPEAKER pro tempore. The gen- a home for academics who perform vital re- regional specialists to discuss issues tleman has 2 minutes remaining. search that helps all parties better understand and strengthen relations with their Mr. FALEOMAVAEGA. I just wanted each other’s history and culture. The Center’s colleagues, and I strongly support their to add, as a matter of history here, it Education and Outreach sphere helps dis- ongoing efforts in this regard. was during the 1970s, then-chairman of seminate what researchers learn to the broad- Representing Guam at the Pacific Is- the House Subcommittee on Terri- er public and to policymakers. Finally, the lands Conference of Leaders will be the tories, the late Congressman Phillip Center provides important dialogue programs. Honorable Felix Camacho, the Gov- Burton from San Francisco, who initi- Under the effective leadership of Dr. Charles ernor of Guam, and accompanying him ated the move in terms of finding out Morrison, the East-West Center continues to will be his wife, our first lady of Guam, how the East-West Center was doing as address the challenges of the Asian-Pacific Joann Camacho. I welcome them to our far as the Pacific Islands were con- 21st Century. Nation’s capital and wish them the cerned. And as a result of the assist- Established in 1980 the East-West Center’s best during their discussions with their ance also from then former Congress- Pacific Islands Conference of Leaders grows colleagues from the region. woman Yvonne Brathwaite Burke, who out of these dialogue programs. It seeks to Guam, both the United States terri- served as a member of the Appropria- bring together leaders from the region to dis- tory and a Pacific Island, is a leader in tions Committee, there was greater at- cuss many of the issues I mentioned earlier. the region economically, politically tention given to the needs of the Pa- In the era of growing interdependence be- and in terms of regional security. cific Island nations. And I want to tween the U.S. and Pacific Island govern- Guam, and the perspective of its peo- commend certainly the former Gov- ments, both the work of the Center and the ple, will continue to have a unique and ernor of the State of Hawaii, Governor Conference of Leaders becomes more impor- influential role in the region in the George Ariyoshi, and the late Prime tant. years to come as a result of the chang- Minister of Fiji, Sir Ratu Kamisese I urge my colleagues to support both this ing posture of the United States mili- Mara, for the outstanding leadership resolution, and provide continued support to tary in the Asia-Pacific region and the that they displayed and demonstrated the East-West Center. increased economic activity that is in establishing this special program Mr. MANZULLO. Mr. Speaker, I rise today planned for the island in the coming now allotting to the needs of our Pa- in support of House Resolution 355 welcoming years. I sincerely hope that the rela- cific Island nations. Certainly Gov- the Leaders from the Pacific Island nations to tionship that Guam shares with its Pa- ernor John Waihee and also Governor the Eighth Pacific Island Conference being cific Island partners will grow stronger Linda Lingle were also very supportive held in Washington. I commend my distin- during this period. of this effort. guished friend and colleague, Chairman And, finally, Mr. Speaker, I want to Mr. Speaker, I want to thank again FALEOMAVAEGA, for introducing this resolution. thank and recognize our distinguished my colleague from Texas for his com- The United States and the Pacific Island na- colleague from American Samoa, Mr. pliments and the remarks concerning tions share strong economic and cultural ties

VerDate Aug 31 2005 00:57 May 08, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 9920 E:\CR\FM\K07MY7.009 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4494 CONGRESSIONAL RECORD — HOUSE May 7, 2007 that have endured the test of time. The tri- and the Committee on Rules and Adminis- Mr. Speaker, I reserve the balance of ennial meeting of the Pacific Island Con- tration of the Senate jointly designate. my time. ference is an important event that allows the SEC. 2. TERMS AND CONDITIONS. Mrs. CAPITO. Mr. Speaker, I yield U.S. to reaffirm its friendship and ties with the (a) IN GENERAL.—Under conditions to be myself such time as I may consume. prescribed by the Architect of the Capitol House Concurrent Resolution 124 au- 20 nations participating in the Conference. and the Capitol Police Board, the event shall This year’s meeting will take place in Wash- thorizes the use of the Capitol grounds be— for the annual National Peace Officers’ ington, DC, for the first time. (1) free of admission charge and open to the Our friends in the Pacific Island nations public; and Memorial Service to be held Tuesday have stood by us steadfastly during the dark- (2) arranged not to interfere with the needs May 17, 2007. The Grand Lodge of the est moments of this Nation’s history. A great of Congress. Fraternal Order of Police and its auxil- number of the sons and daughters from the (b) EXPENSES AND LIABILITIES.—The spon- iary annually sponsor this event hon- Marshall Islands, Micronesia, and Palau cur- sor shall assume full responsibility for all oring some of America’s bravest men expenses and liabilities incident to all activi- and women. rently serve in the U.S. Armed Forces. They ties associated with the event. Since the first recorded police death stand side by side with volunteers from Amer- SEC. 3. EVENT PREPARATIONS. in 1792, there have been more than ican Samoa, the Northern Marianas, Guam, Subject to the approval of the Architect of 17,900 law enforcement officers killed Hawaii, and other states to protect our free- the Capitol, the sponsor is authorized to in the line of duty. The memorial serv- dom. erect upon the Capitol Grounds such stage, ice will honor the 145 Federal, State, sound amplification devices, and other re- America’s ties with the countries in the and local law enforcement officers who South Pacific date back centuries from the lated structures and equipment, as may be required for the event. made the ultimate sacrifice while pro- early days when American whalers sought tecting their communities in 2006, as safety in Fiji and Tonga and continuing SEC. 4. ENFORCEMENT OF RESTRICTIONS. The Capitol Police Board shall provide for well as all law enforcement officers through to the Pacific campaign during World enforcement of the restrictions contained in who have died in the line of duty. War II. To this day, Pacific Island nations rep- section 5104(c) of title 40, United States Code, This will be the 26th time that this resent some of America’s strongest allies at concerning sales, advertisements, displays, event has been held on the grounds of the United Nations. and solicitations on the Capitol Grounds, as the Capitol. This memorial service is I applaud the Administration and the East well as other restrictions applicable to the part of National Police Week, which West Center for elevating the importance of Capitol Grounds, in connection with the was created by law in 1962 and runs this this year’s Pacific Island Conference to the event. year from May 8 through May 15. highest level by holding it in our nation’s cap- The SPEAKER pro tempore. Pursu- Police Week draws officers, their itol. I look forward to meeting with the Leaders ant to the rule, the gentleman from families and survivors of fallen officers during their visit to Congress. Maine (Mr. MICHAUD) and the gentle- from around the country and includes Mr. FALEOMAVAEGA. Mr. Speaker, woman from West Virginia (Mrs. such events as the Blue Mass at St. I yield back the balance of my time. CAPITO) each will control 20 minutes. Patrick’s Catholic Church, the candle- The SPEAKER pro tempore. The The Chair recognizes the gentleman light vigil at the National Law En- question is on the motion offered by from Maine. forcement Memorial, and a police the gentleman from American Samoa GENERAL LEAVE unity tour featuring officers and his- (Mr. FALEOMAVAEGA) that the House Mr. MICHAUD. Mr. Speaker, I ask toric vehicles. suspend the rules and agree to the reso- unanimous consent that all Members The memorial service begins at noon lution, H. Res. 355. have 5 legislative days to revise and ex- on Tuesday. Following the ceremony The question was taken; and (two- tend their remarks and include extra- on the Capitol Hill grounds, there will thirds being in the affirmative) the neous material on House Concurrent be a procession to the Law Enforce- rules were suspended and the resolu- Resolution 124. ment Memorial and a wreath-laying tion was agreed to. The SPEAKER pro tempore. Is there ceremony. I encourage my colleagues to attend A motion to reconsider was laid on objection to the request of the gen- this much deserved memorial service the table. tleman from Maine? There was no objection. and honor those who protect our com- f Mr. MICHAUD. Mr. Speaker, I yield munities on the front lines. I support the measure and encourage AUTHORIZING USE OF CAPITOL myself such time as I may consume. my colleagues to do the same. GROUNDS FOR NATIONAL PEACE Mr. Speaker, House Concurrent Reso- Ms. JACKSON-LEE of Texas. Mr. Speaker, OFFICERS’ MEMORIAL SERVICE lution 124 authorizes the use of the Capitol grounds for the National Peace I rise today in support of H. Con. Res. 124, Mr. MICHAUD. Mr. Speaker, I move Officers’ Memorial Service. Over 150 which authorizes the use of the Capitol to suspend the rules and agree to the grounds for the National Peace Officers’ Me- Federal, State, and local law enforce- concurrent resolution (H. Con. Res. 124) morial Service. ment officers killed in the line of duty authorizing the use of the Capitol Peace officers, the sworn, public-sector offi- in 2006 will be honored at this memo- Grounds for the National Peace Offi- cers entrusted with law enforcement authority rial service. cers’ Memorial Service. and the power of arrest, risk their lives daily to In 1962, President John F. Kennedy protect our nation. These individuals, who are The Clerk read the title of the con- signed a proclamation which des- current resolution. responsible for safeguarding the rights and ignated May 15 as Peace Officers’ Me- freedoms we enjoy as Americans, are true he- The text of the concurrent resolution morial Day, and the week in which the is as follows: roes. date falls as Police Week. Peace Officers Memorial Day honors those H. CON. RES. 124 The first official memorial service who have made the ultimate sacrifice for the Resolved by the House of Representatives (the took place on May 15, 1982, at which 91 safety and security of their communities and Senate concurring), law enforcement officers were honored. our nation. Created by Public Law 87–726, SECTION 1. USE OF CAPITOL GROUNDS FOR NA- Over the past 26 years, the memorial TIONAL PEACE OFFICERS’ MEMO- signed by President Kennedy in 1962, this day RIAL SERVICE. service has honored over 3,000 law en- gives us the opportunity to acknowledge and (a) IN GENERAL.—The Grand Lodge of the forcement officers from around our Na- pay our respects to those who, through their Fraternal Order of Police and its auxiliary tion. courageous deeds, have fallen in the line of (in this resolution referred to as the ‘‘spon- Today, the National Peace Officers’ duty. sor’’) shall be permitted to sponsor a public Memorial Service on Capitol Hill has Mr. Speaker, on Sunday, May 13, 2007, 382 event, the 26th annual National Peace Offi- become one in a series of well-attended names will be added to the National Law En- cers’ Memorial Service (in this resolution re- events during Police Week. Activities forcement Officers Memorial during the 19th ferred to as the ‘‘event’’), on the Capitol on Capitol grounds conducted under Annual Candlelight Vigil. These 382 names in- Grounds, in order to honor the law enforce- House Concurrent Resolution 124 will ment officers who died in the line of duty clude 145 officers who died in 2006, plus 237 during 2006. be coordinated with the Office of Ar- from earlier years who had previously been (b) DATE OF EVENT.—The event shall be chitect of the Capitol, will be free and lost to history. Of these 382 names, 55 rep- held on May 15, 2007, or on such other date as open to the public. I support this reso- resent Texas law officers who lost their lives the Speaker of the House of Representatives lution and urge its passage. in the line of duty, nine of them in 2006.

VerDate Aug 31 2005 01:11 May 08, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 9920 E:\CR\FM\A07MY7.012 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4495 Mr. Speaker, one of the names of the fallen rules were suspended and the concur- cedent, the Secretary shall pay $25,000 for heroes to be added to the list is Officer Rod- rent resolution was agreed to. distribution to eligible survivors of the dece- ney J. Johnson of the Houston Police Depart- A motion to reconsider was laid on dent as specified in subsection (b). The Sec- retary shall make payments under this para- ment. Officer Johnson, a 12 year veteran of the table. graph after payments are made under para- the Houston Police Department, was killed f graph (1) and before payments are made September 21, 2006, while taking a suspect in under paragraph (3). custody during a traffic stop. He leaves to GUAM WORLD WAR II LOYALTY (3) SURVIVORS OF DECEASED INJURED RESI- honor his memory his beloved wife, Houston RECOGNITION ACT DENTS.—In the case of a compensable Guam Police Department Officer Joslyn Johnson, Ms. BORDALLO. Mr. Speaker, I move victim who is deceased, the Secretary shall and five teen-age children; three daughters to suspend the rules and pass the bill pay $7,000 for distribution to eligible survivors of the victim as specified in sub- and two sons, ages 14 to 19. (H.R. 1595) to implement the rec- Officer Rodney Johnson was born in Hous- section (b). The Secretary shall make pay- ommendations of the Guam War ments under this paragraph after payments ton and served in the U.S. Army as a military Claims Review Commission, as amend- are made under paragraphs (1) and (2). police officer until being honorably discharged ed. (b) DISTRIBUTION OF SURVIVOR PAYMENTS.— in 1990. He then went to work as a correc- The Clerk read the title of the bill. Payments under paragraph (2) or (3) of sub- tions officer for the Texas Department of The text of the bill is as follows: section (a) to eligible survivors of an indi- Criminal Justice and then as a jail attendant. vidual who is a compensable Guam decedent H.R. 1595 He graduated from the Houston police acad- or a compensable Guam victim who is de- Be it enacted by the Senate and House of Rep- ceased shall be made as follows: emy in 1994. (1) If there is living a spouse of the indi- As a member of the department’s Southeast resentatives of the United States of America in Congress assembled, vidual, but no child of the individual, all of Gang Task Force, Officer Rodney Johnson SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the payment shall be made to such spouse. earned two Lifesaving Awards and one Medal (a) SHORT TITLE.—This Act may be cited as (2) If there is living a spouse of the indi- of Valor from the state of Texas. In January the ‘‘Guam World War II Loyalty Recogni- vidual and one or more children of the indi- 1998, Officer Rodney Johnson rescued a tion Act’’. vidual, one-half of the payment shall be physically challenged driver trapped in rising (b) TABLE OF CONTENTS.—The table of con- made to the spouse and the other half to the floodwaters in January 1998 and later that tents of this Act is as follows: child (or to the children in equal shares). year he rescued mentally challenged people (3) If there is no living spouse of the indi- Sec. 1. Short title; table of contents. vidual, but there are one or more children of trapped inside of a burning house. Sec. 2. Recognition of the suffering and loy- the individual alive, all of the payment shall Officer Rodney Johnson, who stood 6 feet 5 alty of the residents of Guam. be made to such child (or to such children in inches tall and weighed nearly 300 pounds, Sec. 3. Payments for Guam World War II equal shares). served on his union’s board of directors. As claims. (4) If there is no living spouse or child of Hans Marticiuc, the president of Officer John- Sec. 4. Adjudication. the individual but there is a living parent (or son’s union stated, ‘‘he was big and he was Sec. 5. Grants program to memorialize the parents) of the individual, all of the payment intimidating-looking, but he was as gentle as a occupation of Guam during shall be made to the parents (or to the par- world war II. ents in equal shares). baby bear.’’ Sec. 6. Authorization of Appropriations. Mr. Speaker, the number of officers killed in (5) If there is no such living spouse, child, SEC. 2. RECOGNITION OF THE SUFFERING AND or parent, no payment shall be made. the line of duty last year declined nearly 8 per- LOYALTY OF THE RESIDENTS OF (c) DEFINITIONS.—For purposes of this Act: cent from 2005, when there were 157 officer GUAM. (1) COMPENSABLE GUAM DECEDENT.—The deaths. The 2006 figure was the lowest an- (a) RECOGNITION OF THE SUFFERING OF THE term ‘‘compensable Guam decedent’’ means nual total since 1999, when 143 officers were RESIDENTS OF GUAM.—The United States rec- an individual determined under section lost. ognizes that, as described by the Guam War 4(a)(1) to have been a resident of Guam who Although the number of officers killed in the Claims Review Commission, the residents of died or was killed as a result of the attack line of duty has declined in recent years, the Guam, on account of their United States na- and occupation of Guam by Imperial Japa- fact that one officer is killed every two-and-a- tionality, suffered unspeakable harm as a re- nese military forces during World War II, or sult of the occupation of Guam by Imperial half days in our country is a sober reminder incident to the liberation of Guam by United Japanese military forces during World War States military forces, and whose death that protecting our communities and safe- II, by being subjected to death, rape, severe would have been compensable under the guarding our democracy come at a heavy personal injury, personal injury, forced Guam Meritorious Claims Act of 1945 (Public price. Including this year’s officers, there are labor, forced march, or internment. Law 79–224) if a timely claim had been filed now 17,917 names engraved on the Memorial, (b) RECOGNITION OF THE LOYALTY OF THE under the terms of such Act. representing officers from all 50 states, the RESIDENTS OF GUAM.—The United States for- (2) COMPENSABLE GUAM VICTIM.—The term District of Columbia, U.S. territories, and fed- ever will be grateful to the residents of ‘‘compensable Guam victim’’ means an indi- eral law enforcement and military police agen- Guam for their steadfast loyalty to the vidual determined under section 4(a)(1) to cies. United States of America, as demonstrated have suffered, as a result of the attack and by the countless acts of courage they per- This resolution permits the Grand Lodge of occupation of Guam by Imperial Japanese formed despite the threat of death or great military forces during World War II, or inci- the Fraternal Order of Police and its auxiliary bodily harm they faced at the hands of the dent to the liberation of Guam by United to sponsor a free public event, the 26th An- Imperial Japanese military forces that occu- States military forces, any of the following: nual National Peace Officers’ Memorial Serv- pied Guam during World War II. (A) Rape or severe personal injury (such as ice, on the Capitol grounds on May 15, 2007. SEC. 3. PAYMENTS FOR GUAM WORLD WAR II loss of a limb, dismemberment, or paralysis). This service will honor the law enforcement of- CLAIMS. (B) Forced labor or a personal injury not ficers killed in the line of duty during 2006 who (a) PAYMENTS FOR DEATH, PERSONAL IN- under subparagraph (A) (such as disfigure- have died in the line of duty, as well as the JURY, FORCED LABOR, FORCED MARCH, AND IN- ment, scarring, or burns). 800,000 officers who continue to serve in fed- TERNMENT.—Subject to section 6(a), after re- (C) Forced march, internment, or hiding to ceipt of certification pursuant to section evade internment. eral, state and local law enforcement agencies 4(b)(8) and in accordance with the provisions (3) DEFINITIONS OF SEVERE PERSONAL INJU- nationwide. of this Act, the Secretary of the Treasury RIES AND PERSONAL INJURIES.—The Foreign Mr. Speaker, I urge my colleagues to join shall make payments as follows: Claims Settlement Commission shall pro- me in supporting this important resolution. I (1) RESIDENTS INJURED.—The Secretary mulgate regulations to specify injuries that yield back the balance of my time. shall pay compensable Guam victims who constitute a severe personal injury or a per- Mr. CAPITO. Mr. Speaker, I yield are not deceased before any payments are sonal injury for purposes of subparagraphs back the balance of my time. made to individuals described in paragraphs (A) and (B), respectively, of paragraph (2). Mr. MICHAUD. Mr. Speaker, I yield (2) and (3) as follows: SEC. 4. ADJUDICATION. back the balance of my time. (A) If the victim has suffered an injury de- (a) AUTHORITY OF FOREIGN CLAIMS SETTLE- The SPEAKER pro tempore. The scribed in subsection (c)(2)(A), $15,000. MENT COMMISSION.— question is on the motion offered by (B) If the victim is not described in sub- (1) IN GENERAL.—The Foreign Claims Set- the gentleman from Maine (Mr. paragraph (A) but has suffered an injury de- tlement Commission is authorized to adju- scribed in subsection (c)(2)(B), $12,000. dicate claims and determine eligibility for MICHAUD) that the House suspend the (C) If the victim is not described in sub- payments under section 3. rules and agree to the concurrent reso- paragraph (A) or (B) but has suffered an in- (2) RULES AND REGULATIONS.—The chair- lution, H. Con. Res. 124. jury described in subsection (c)(2)(C), $10,000. man of the Foreign Claims Settlement Com- The question was taken; and (two- (2) SURVIVORS OF RESIDENTS WHO DIED IN mission shall prescribe such rules and regu- thirds being in the affirmative) the WAR.—In the case of a compensable Guam de- lations as may be necessary to enable it to

VerDate Aug 31 2005 01:11 May 08, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MY7.013 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4496 CONGRESSIONAL RECORD — HOUSE May 7, 2007 carry out its functions under this Act. Such volved, including the level of payment YERS of the House Committee on the rules and regulations shall be published in sought. Judiciary for their support of this bill the Federal Register. (10) RELEASE OF RELATED CLAIMS.—Accept- and for their assistance in expediting (b) CLAIMS SUBMITTED FOR PAYMENTS.— ance of payment under section 3 by an indi- its consideration today. (1) SUBMITTAL OF CLAIM.—For purposes of vidual for a claim related to a compensable Guam decedent or a compensable Guam vic- H.R. 1595 implements the rec- subsection (a)(1) and subject to paragraph ommendations of the Guam War (2), the Foreign Claims Settlement Commis- tim shall be in full satisfaction of all claims sion may not determine an individual is eli- related to such decedent or victim, respec- Claims Review Commission, which was gible for a payment under section 3 unless tively, arising under the Guam Meritorious authorized by Public Law 107–333 to re- the individual submits to the Commission a Claims Act of 1945 (Public Law 79–224), the view the war claims program for Guam, claim in such manner and form and con- implementing regulations issued by the which Congress provided for following taining such information as the Commission United States Navy pursuant thereto, or this the occupation of Guam from Decem- specifies. Act. ber 8, 1941 to July 21, 1944. The review (2) FILING PERIOD FOR CLAIMS AND NOTICE.— (11) PENALTY FOR FALSE CLAIMS.—The provisions of section 1001 of title 18 of the commission, appointed by the Sec- All claims for a payment under section 3 retary of the Interior, Gale Norton, in shall be filed within one year after the For- United States Code (relating to criminal eign Claims Settlement Commission pub- penalties for false statements) apply to September of 2003, was mandated to de- lishes public notice of the filing period in the claims submitted under this subsection. termine whether there was parity of Federal Register. The Foreign Claims Settle- SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE war claims paid to the residents of ment Commission shall provide for the no- OCCUPATION OF GUAM DURING Guam under the Guam Meritorious tice required under the previous sentence not WORLD WAR II. Claims Act as compared with awards (a) ESTABLISHMENT.—Subject to section later than 180 days after the date of the en- made to similarly affected United actment of this Act. In addition, the Com- 6(b) and in accordance with this section, the Secretary of the Interior shall establish a States citizens or nationals in terri- mission shall cause to be publicized the pub- tory occupied by the Imperial Japanese lic notice of the deadline for filing claims in grants program under which the Secretary newspaper, radio, and television media on shall award grants for research, educational, military forces during World War II. Guam. and media activities that memorialize the Further, the review commission was events surrounding the occupation of Guam (3) ADJUDICATORY DECISIONS.—The decision mandated to advise on any additional of the Foreign Claims Settlement Commis- during World War II, honor the loyalty of the compensation that may be necessary to sion on each claim shall be by majority vote, people of Guam during such occupation, or compensate the people of Guam for both, for purposes of appropriately illu- shall be in writing, and shall state the rea- death, personal injury, forced labor, sons for the approval or denial of the claim. minating and interpreting the causes and circumstances of such occupation and other forced march and internment. In ac- If approved, the decision shall also state the complishing its task, the review com- amount of the payment awarded and the dis- similar occupations during a war. (b) ELIGIBILITY.—The Secretary of the Inte- tribution, if any, to be made of the payment. mission held two days of hearings on rior may not award to a person a grant under (4) DEDUCTIONS IN PAYMENT.—The Foreign Guam in December of 2003 to receive subsection (a) unless such person submits an Claims Settlement Commission shall deduct, testimony from survivors of the occu- application to the Secretary for such grant, from potential payments, amounts pre- pation of Guam. The review commis- in such time, manner, and form and con- viously paid under the Guam Meritorious sion also held hearings here in Wash- taining such information as the Secretary Claims Act of 1945 (Public Law 79–224). specifies. ington, D.C. and consulted with a panel (5) INTEREST.—No interest shall be paid on SEC. 6. AUTHORIZATION OF APPROPRIATIONS. of experts in this field of law. The re- payments awarded by the Foreign Claims view commission completed its work Settlement Commission. (a) GUAM WORLD WAR II CLAIMS PAYMENTS AND ADJUDICATION.—For purposes of carrying and reported to Congress its findings (6) REMUNERATION PROHIBITED.—No remuneration on account of representational serv- out sections 3 and 4, there are authorized to and recommendations on June 9, 2004. ices rendered on behalf of any claimant in be appropriated $126,000,000, to remain avail- The review commission found that connection with any claim filed with the able for obligation until September 30, 2012, there was a lack of parity between the Foreign Claims Settlement Commission to the Foreign Claims Settlement Commis- war claims program authorized for under this Act shall exceed one percent of sion. Not more than 5 percent of funds made available under this subsection shall be used Guam versus the programs authorized the total amount paid pursuant to any pay- for all other Americans similarly af- ment certified under the provisions of this for administrative costs. (b) GUAM WORLD WAR II GRANTS PRO- fected and recommended that Congress Act on account of such claim. Any agree- GRAM.—For purposes of carrying out section ment to the contrary shall be unlawful and remedy this injustice. 5, there are authorized to be appropriated void. Whoever demands or receives, on ac- I want to quote the first finding of $5,000,000, to remain available for obligation count of services so rendered, any remunera- the review commission’s report for the until September 30, 2012. tion in excess of the maximum permitted by benefit of all of my colleagues: ‘‘The this section shall be fined not more than The SPEAKER pro tempore. Pursu- review commission finds that there is a $5,000 or imprisoned not more than 12 ant to the rule, the gentlewoman from moral obligation on the part of our na- months, or both. Guam (Ms. BORDALLO) and the gen- tional government to pay compensa- (7) APPEALS AND FINALITY.—Objections and tleman from Colorado (Mr. LAMBORN) tion for war damages in order to ensure appeals of decisions of the Foreign Claims each will control 20 minutes. to the extent possible that no single in- Settlement Commission shall be to the Com- The Chair recognizes the gentle- dividual or group of individuals bears mission, and upon rehearing, the decision in woman from Guam. each claim shall be final, and not subject to more than a just part of the overall further review by any court or agency. GENERAL LEAVE burden of war.’’ Ms. BORDALLO. Mr. Speaker, I ask (8) CERTIFICATIONS FOR PAYMENT.—After a b 1445 decision approving a claim becomes final, unanimous consent that all Members the chairman of the Foreign Claims Settle- have 5 legislative days to revise and ex- Today, Mr. Speaker, we consider a ment Commission shall certify it to the Sec- tend their remarks and include addi- bill that would fulfill this moral obli- retary of the Treasury for authorization of a tional material on the bill under con- gation on the part of our National Gov- payment under section 3. sideration. ernment to a group of citizens, the peo- (9) TREATMENT OF AFFIDAVITS.—For pur- The SPEAKER pro tempore. Is there ple of Guam, most of whom were indig- poses of section 3 and subject to paragraph enous Chamorros, who bore the burden (2), the Foreign Claims Settlement Commis- objection to the request of the gentle- sion shall treat a claim that is accompanied woman from Guam? of a brutal occupation. The people of by an affidavit of an individual that attests There was no objection. Guam were brutalized through public to all of the material facts required for es- Ms. BORDALLO. Mr. Speaker, I rise executions, beheadings, rape and severe tablishing eligibility of such individual for in support of H.R. 1595, the Guam injury, forced labor, forced march and payment under such section as establishing a World War II Loyalty Recognition Act; internment in concentration camps. prima facie case of the individual’s eligi- and I thank Chairman NICK RAHALL H.R. 1595 is called the Loyalty Rec- bility for such payment without the need for and Ranking Member DON YOUNG for ognition Act because the loyalty of the further documentation, except as the Com- people of Guam to the United States mission may otherwise require. Such mate- their leadership on this issue and their rial facts shall include, with respect to a assistance in bringing this bill to the during this 32-month enemy occupation claim under paragraph (2) or (3) of section floor today. should be honored. It is a tragic injus- 3(a), a detailed description of the injury or I also want to thank Majority Leader tice of history that, following libera- other circumstance supporting the claim in- STENY HOYER and Chairman JOHN CON- tion, Congress did not provide for war

VerDate Aug 31 2005 02:48 May 08, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MY7.008 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4497 claims for the people of Guam in the this bill completes its legislative jour- other war claims programs established same manner and with the same oppor- ney. But we have this moment to recall by the U.S. Congress. tunities that were afforded to other why we fight this fight, on whose be- That Guam was erroneously excluded Americans. half we are speaking today and why it from coverage under Title II of the War The people who carried a dispropor- is so vitally important to our Nation Claims Act. tionate burden of the war were given that we recognize the incredible sac- This legislation is vitally important less than other Americans when it rifices of the people of Guam during because it addresses these long-stand- came time to make our Nation whole, World War II. ing inequities against the people of and those who gave more in blood got I very much doubt that any foreign Guam by implementing the rec- less in recognition. Over and over at power will ever again occupy American ommendations of the Guam War the hearings on Guam, people said, soil and place American citizens under Claims Review Commission. It recog- ‘‘We just want to be recognized. We subjugation. The story of the people of nizes the sacrifices made by the people just want to be treated with respect. Guam will thus be a unique story, less of Guam and their steadfast loyalty to We just want to receive the same res- known than the bombing of Pearl Har- the United States in the face of this ad- titution that other Americans re- bor and other heroic stories of World versity. It allows claims for death, perceived.’’ War II. It is a story of faith in our Na- sonal injury, forced labor, forced I want to acknowledge the excellent tion, of hope in our God and of love for marches and internment. It allows work of the Guam War Claims Review our families. compensation to certain survivors of Commission chaired by Mauricio If I could vote, Mr. Speaker, on final the deceased from the war; and it au- Tamargo, with Members Robert Lago- passage of this bill, it would be my thorizes the Secretary of the Interior marsino, a former Member of Congress; greatest honor to recognize the people to award grants in support of activities Ms. Ruth Van Cleve, Director of the Of- of Guam by voting to pass this bill. But to remember Guam’s occupation. fice of Territories in the Department of since I cannot vote as a Delegate, I I strongly support this legislation. Interior; former Chief Justice Ben Ben- offer all of my colleagues the honor of I submit to my colleagues, our Na- jamin J. Cruz of the Guam Supreme recognizing their fellow Americans and tion committed a grave injustice some Court; and Senator Antonio Unpingco passing this bill today. 60 years ago against the people of of the Guam legislature. Their report God bless Guam. God bless the Guam. For some unknown and mys- provided the basis for today’s bill, and United States of America. terious reason, Mr. Speaker, the native their contributions are greatly appre- Mr. Speaker, I reserve the balance of Guamanians, who are U.S. Nationals, ciated. my time. U.S. Nationals, meaning owing perma- I also want to acknowledge the ef- Mr. LAMBORN. Mr. Speaker, I yield nent allegiance to the United States, forts of my predecessors to bring the myself such time as I may consume. were not evacuated along with U.S. war claims issue to the attention of Mr. Speaker, the majority has ade- citizens at the time that they were liv- Congress, beginning with our very first quately explained the bill, and we have ing in Guam before the arrival of the Delegate to Congress, the late Mr. An- no further comment. Japanese forces. Mr. Speaker, I reserve the balance of tonio B. Won Pat, followed by the ef- As a result, these patriotic Ameri- my time. cans were left to fend for themselves, forts of our second Delegate to Con- Ms. BORDALLO. Mr. Speaker, I yield to contend with the Japanese takeover gress, retired Marine Brigadier General 5 minutes to the gentleman from Ben Blaz, who is here with us today on of the territory of Guam, and for near- American Samoa (Mr. FALEOMAVAEGA). the floor to witness this discussion, (Mr. FALEOMAVAEGA asked and ly 3 years, the people of Guam were in- and my immediate predecessor, Con- was given permission to revise and ex- terned and were subjected to extreme gressman Robert A. Underwood, whose tend his remarks.) tortures, even executions by public, legislation in the 107th Congress cre- Mr. FALEOMAVAEGA. Mr. Speaker, beatings, rapes, forced labor, forced ated the review commission. Our work I rise today in support of H.R. 1595, the marches. today, and the historic progress of the Guam World War II Loyalty Recogni- A good example is right here in our Guam World War II Loyalty Recogni- tion Act. I commend my good friend midst, Mr. Speaker, my good friend and tion Act, is possible only because of the and colleague, the gentlelady from former Member of Congress rep- foundation that each of these contrib- Guam, for introducing this legislation resenting the territory of Guam, re- uted to this bipartisan effort. designed to address the lack of parity tired Brigadier General Ben Blaz, at The issue of Guam war claims has in the war claims paid to the residents that time was a youth and was part of been studied and examined by this of the people of Guam as compared to this forced evacuation. He personally body over the past 24 years. Several other U.S. citizens or nationals who witnessed some of the atrocities that hearings have been held, and the record were similarly affected during World were committed against his people by is replete with testimony from sur- War II. Japanese military forces. vivors, legal experts, historians and Mr. Speaker, every Guam Delegate to Our former colleague, Congressman scholars. Committee staff members Congress has spoken about the defi- Bob Underwood, also reiterated to our have played a valuable role in this ciencies in making Guam whole after colleagues that some of his close rel- process by ensuring the right questions World War II. Our former colleagues atives were beheaded in the presence of were asked, that Members were briefed, Antonio Won Pat, General Ben Blaz, other people of Guam when this took and that the issue was thoroughly ex- and former Congressman Robert Under- place for some 3 years, some 3 years. amined. wood had raised the issue throughout And I can never forget the words I want to thank Jim Zoia, Staff Di- their service in the Congress. echoed by my good friend, the general rector of the Natural Resources Com- Through the efforts of Congressman from Guam, when he said this, ‘‘we are mittee, and Tony Babauta, Staff Direc- Robert Underwood, a commission was equal in war but not in peace.’’ tor of the Insular Affairs Sub- established in the 107th Congress to re- Why, for the life of me, Mr. Speaker, committee. Tony is a Chamorro from view the historical record of addressing it has taken all these years in simply Guam, whose insights have been in- Guam’s war claims. After completing trying to make this inequity fair and valuable. I also acknowledge the coun- its work, the Guam War Claims Review just for the benefit of the people of sels to the committee, Jeff Petrich, Commission found that a lack of parity Guam I do not understand. It is as if Brian Modeste, Lisa Pittman and Rich existed in the case of war claims for these people were aliens or not mem- Stanton, who have worked very hard the people of Guam. bers of the American family. We have on this legislation. These were some of the key findings had Guam for how many years? It was This afternoon, we stand on the brink of the commission: a territory of the United States, and of a historic moment for the people of That the U.S. has a moral obligation this is what we did against these good Guam. I regret, Mr. Speaker, that to pay proper compensation for war people of Guam at the time of the war. many survivors of the occupation of damages. Why we never evacuated them along Guam did not live to see this day, and That there is a lack of parity in war with other U.S. citizens to this day is I fear that some will pass away before claims for Guam when compared to still a question. Why the Navy never

VerDate Aug 31 2005 01:11 May 08, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.016 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4498 CONGRESSIONAL RECORD — HOUSE May 7, 2007 took them out of there before the ar- manian who died during the occupa- ‘‘Only so can justice be done to a valiant rival of the Japanese. tion. group of Americans who at great cost to them- I appeal to my colleagues, Mr. Speak- Category three for descendants of de- selves remained steadfastly loyal during the er, that we pass this bill. It is long ceased survivors; $7,000 to descendants war . . . in so special a case this government overdue. For the sake of justice, pass of injured or interned survivors who could well be very generous in method of dis- this legislation. I urge my colleagues have passed away, irrespective of the tributing its relief as well as generous in to support this legislation. injury or the harm sustained. amount awarded. It has been neither.’’ Again, I thank the good lady from The total of this legislation, we are Many decades later, the 107th Congress Guam for her leadership and sponsor- asking $126 million for claims and $5 authorized the Guam War Claims Review ship of this bill. million for grants for the Department Commission to determine if the people of Mr. LAMBORN. Mr. Speaker, may I of Interior to promote activities re- Guam received parity in claims as compared inquire if the majority has any more lated to the occupation. to other Americans who experienced losses speakers? Also another question, if I could an- and damages during the war. In 2004, the Ms. BORDALLO. Mr. Speaker, I have swer, why is the U.S. paying for this in- Commission submitted their final report to no more speakers. I reserve the balance stead of Japan? The United States in- Congress and found that Guam’s residents of my time. herited the obligation of reparations were inequitably treated. Mr. LAMBORN. Mr. Speaker, I yield due to the treaty of peace with Japan There has been legislation to address this back the balance of my time. which ended hostilities with Japan. It inequitable treatment in every Congress since Ms. BORDALLO. Mr. Speaker, Mr. is the standard practice that citizens 1985. Two hearings have been held, one in Speaker, I yield such time as he may make claims to their own government the 108th Congress and one on in the 109th consume to the gentleman from Amer- arising from hostilities. It is the re- Congress. It is time to follow the recommenda- ican Samoa (Mr. FALEOMAVAEGA) for a sponsibility of the United States to tions made by both the Hopkins report and the colloquy. make the people of Guam whole. Gua- Guam War Claims Review Commission by Mr. FALEOMAVAEGA. Mr. Speaker, manians were U.S. nationals at the providing adequate reparations for the people it has been said among some of the time of the occupation by Japan. of Guam. It is time to honor them for their sac- critics of this legislation, saying that Mr. FALEOMAVAEGA. I ask the rifices. the people of Guam were properly com- gentlelady, were there any provisions Congresswoman BORDALLO has done a fan- pensated already. I am sure the where it required the Japanese Govern- tastic job over the years to create the most fair gentlelady has the correct information ment to restore or to provide some and equitable legislation that Congress can so that we can inform our colleagues form of compensation as part of this pass. I hope the people of Guam know that this is not true. treaty arrangement? this issue is being addressed and the people The way the whole thing has been Ms. BORDALLO. Not to my knowl- have not been forgotten. presented, the procedures that were edge. The U.S. inherited this. I urge my colleagues to support the people followed and the war claims that were Mr. FALEOMAVAEGA. So the Japa- of Guam and vote for final passage. made for the U.S. citizens left out the nese Government just simply said, Mr. RAHALL. Mr. Speaker, I rise this today people of Guam. For some reason or an- well, don’t ask us; ask the United in strong support of the passage of H.R. other, I think our colleagues need to States Government to provide this. 1595—the Guam World War II Loyalty Rec- understand this a little more clearly. Ms. BORDALLO. Due to the treaty of ognition Act. I also commend the gentlelady POINT OF ORDER peace. from Guam for her leadership on this issue. Mr. PRICE of Georgia. Mr. Speaker, I Mr. FALEOMAVAEGA. So there was This legislation has bipartisan support and is have a point of order. never any compensation or any support being considered today because of her deter- The SPEAKER pro tempore. The gen- even from the Japanese Government to mination to seek justice. tleman will state his point of order. make whole what they did against the We are here this afternoon, taking a signifi- Mr. PRICE of Georgia. Mr. Speaker, people, the residents of Guam? cant step forward to close a very painful chap- did the gentlelady just not state that Ms. BORDALLO. That is correct. It is ter in Guam’s history. From the time that she had no more speakers? the United States responsibility to Guam had been granted a delegate to Con- The SPEAKER pro tempore. The gen- make Guam whole. gress in the 1970’s, throughout the service of tleman is correct. The gentlewoman Mr. FALEOMAVAEGA. I thank the our former colleagues—Mr. Won Pat, Mr. from Guam nevertheless had time re- gentlelady. Blaz, and Mr. Underwood—this House has maining and did not yield it back. Mr. ABERCROMBIE. Mr. Speaker, I rise been made aware and constantly reminded Ms. BORDALLO. That was my under- today to support legislation that has been in- that Guam and her people suffered unimagi- standing at the time. troduced by my colleague, Congresswoman nable atrocities during its occupation by Japan Mr. FALEOMAVAEGA. Mr. Speaker, BORDALLO. H.R. 1595, the Guam World War II during World War II. For nearly three years, I understood that she had not yielded Loyalty Recognition Act, would honor the resi- the idyllic paradise became a land of panic, her time. With 7 minutes remaining, I dents of Guam for their loyalty and com- horror, suffering, and death. requested that there be a colloquy be- pensate them for the atrocities they suffered The personal testimonies of survivors of tween myself and the gentlelady from during the Japanese occupation of Guam. Guam’s occupation has a strong history with Guam. Is there anything wrong with During World War II, Guam was invaded, the Committee on Natural Resources. They that? seized and occupied by Imperial Japanese are emotional, sad, and graphic. Many of The SPEAKER pro tempore. The gen- forces for nearly three years. The war de- those survivors who appeared before the tlewoman from Guam has 6 minutes re- stroyed much of Guam, including housing, Committee to re-tell and, in essence, re-live maining. public buildings, utilities and infrastructure. In the pain of occupation have since passed on. Ms. BORDALLO. Mr. Speaker, if the addition, the people of Guam suffered many There are very few of the estimated 22,000 gentleman will yield, in answer to the deaths and an untold number of acts of bru- Guamanians alive today who survived this era, questions raised, let me just put it this tality. This ruthless brutality has left a lasting and it is my hope that we can give them clo- way: There are several categories in impact on the survivors of the war and the de- sure before none remain. the bill to pay for compensation. One is scendants of victims. There now have been two federally ap- for living survivors of the occupation; In 1947, the Secretary of the Navy commis- pointed Commissions that have reviewed the $15,000 for rape or severe personal in- sioned a civilian committee on the Naval Ad- implementation and the parity treatment of jury, such as loss of limb, dismember- ministration of Guam and American Samoa to Guam’s experience—the Hopkins Commission ment or paralysis; $12,000 for forced prepare a report with specific recommenda- in 1947, and the Review Commission in 2004. labor or personal injury that is less se- tions. The report became known as the Hop- Both concluded that the people of Guam were vere in nature, such as disfigurement, kins Report and was submitted to the Sec- either misinformed or mistreated. Either way, scaring or burns; $10,000 for forced retary of the Navy in 1947. Among other their recommendations to Congress—be it in march, internment or hiding to evade things, the report addressed deficiencies in the 1947 or in 2004—are that something needs to internment. war claims process for Guam immediately be done to make this right. Category two is for death claims, after the war ended. In the cover letter sub- The weight of history now falls on the shoul- $25,000 to a spouse or children of a Gua- mitted with the report, the committee stated, ders of this House, nearly sixty-three years

VerDate Aug 31 2005 02:48 May 08, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\K07MY7.017 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4499 after Guam’s liberation. We have the oppor- b 1500 business interests, nonprofit organizations, and local and State governments to develop tunity by passing H.R. 1595 to correct a great COLUMBIA-PACIFIC NATIONAL injustice for those patriotic Americans who a national heritage area consistent with con- HERITAGE AREA STUDY ACT tinued local and State economic activity; withstood brutal occupation. Mr. GRIJALVA. Mr. Speaker, I move and The issue has been studied to exhaustion to suspend the rules and pass the bill (8) has a conceptual boundary map that is and the recommendations have remained the (H.R. 407) to direct the Secretary of the supported by the public. same. We should never forget their sacrifice (c) PRIVATE PROPERTY.—In conducting the Interior to conduct a study to deter- study required by this section, the Secretary for our country, nor should we allow for this in- mine the feasibility of establishing the equity to continue. shall analyze the potential impact that des- Columbia-Pacific National Heritage ignation of the area as a national heritage I urge my colleagues to support the pas- Area in the States of Washington and area is likely to have on land within the pro- sage of H.R. 1595—the Guam World War II Oregon, and for other purposes, as posed area or bordering the proposed area Loyalty Act. amended. that is privately owned at the time that the Mrs. CHRISTENSEN. Mr. Speaker, I rise in The Clerk read the title of the bill. study is conducted. strong support of H.R. 1595, the Guam World The text of the bill is as follows: SEC. 4. REPORT. War II Loyalty Recognition Act and urge my H.R. 407 Not later than 3 fiscal years after the date colleagues to support its passage. I want to Be it enacted by the Senate and House of Rep- on which funds are made available to carry begin by commending my colleague and friend resentatives of the United States of America in out the study, the Secretary shall submit to the Committee on Energy and Natural Re- from Guam, the Honorable MADELEINE Congress assembled, SECTION 1. SHORT TITLE. sources of the Senate and the Committee on BORDALLO, for her steadfast and dedicated ef- Natural Resources of the House of Rep- forts towards enactment of this bill. Congress- This Act may be cited as the ‘‘Columbia- Pacific National Heritage Area Study Act’’. resentatives a report that describes the find- woman BORDALLO has been singularly fo- SEC. 2. DEFINITIONS. ings, conclusions, and recommendations of cused—since arriving in the House—on the In this Act: the Secretary with respect to the study. enactment of legislation to provide compensa- (1) HERITAGE AREA.—The term ‘‘Heritage The SPEAKER pro tempore. Pursu- tion for those of her constituents who suffered Area’’ means the Columbia-Pacific National ant to the rule, the gentleman from Ar- unspeakable acts of horror during World War Heritage Area. izona (Mr. GRIJALVA) and the gen- II. (2) SECRETARY.—The term ‘‘Secretary’’ tleman from Colorado (Mr. LAMBORN) Mr. Speaker, the people of Guam who were means the Secretary of the Interior. each will control 20 minutes. subject to public executions by beheading, (3) STUDY AREA.—The term ‘‘study area’’ means— The Chair recognizes the gentleman personal injury, forced labor, forced march, (A) the coastal areas of Clatsop and Pacific from Arizona. rape and internment at the hands of the Japa- Counties (also known as the North Beach Pe- GENERAL LEAVE nese, have waited much too long for just com- ninsula); and Mr. GRIJALVA. Mr. Speaker, I ask pensation. The Guam War Claims Review (B) areas relating to Native American his- unanimous consent that all Members Commission found that Guam’s residents were tory, local history, Euro-American settle- may have 5 legislative days to revise inequitably treated under the Guam Meri- ment culture, and related economic activi- and extend their remarks and include ties of the Columbia River within a corridor torious Claims Act and subsequent Federal material on the bill under consider- laws meant to address WWII personal injury along the Columbia River eastward in Clatsop, Pacific, Columbia, and Wahkiakum ation. claims. Counties. The SPEAKER pro tempore. Is there This Commission, which was established SEC. 3. COLUMBIA-PACIFIC NATIONAL HERITAGE objection to the request of the gen- pursuant to legislation sponored by our former AREA STUDY. tleman from Arizona? colleague from Guam, Robert Underwood, (a) IN GENERAL.—The Secretary, in con- There was no objection. recommended that Congress enact legislation sultation with the managers of any Federal Mr. GRIJALVA. Mr. Speaker, I yield providing for additional compensation to land within the study area, appropriate State and local governmental agencies, trib- myself such time as I may consume. Guam’s residents. Thus the bill we are dis- al governments, and any interested organiza- Mr. Speaker, H.R. 407, sponsored by cussing today. tions, shall conduct a study to determine the the gentleman from Washington (Mr. The struggle for fair compensation for the feasibility of designating the study area as BAIRD), would authorize the Secretary people of Guam has been on-going for more the Columbia-Pacific National Heritage of the Interior to conduct a study to than 60 years now. Sadly many of the Area. determine the feasibility of desig- (b) REQUIREMENTS.—The study shall in- nating a national heritage area in Chamorros who suffered these atrocities have clude analysis, documentation, and deter- passed away but we must not let their suf- minations on whether the study area— western Washington State. Specifi- fering, largely due to the steadfast loyalty to (1) has an assemblage of natural, historic, cally, the study would examine coastal the United States, be in vain. Passage of H.R. and cultural resources that together rep- areas in Clatsop and Pacific Counties 1595 is long overdue and by doing so today, resent distinctive aspects of American herit- at the mouth of the Columbia River, as we will honor their memories and provide age worthy of recognition, conservation, in- well as inland areas along the river in compensation to these brave Americans. terpretation, and continuing use, and are two adjacent counties. The bill in- best managed through partnerships among I urge my colleagues to vote in favor of H.R. cludes standard criteria for national public and private entities and by combining heritage area studies, and requires 1595. diverse and sometimes noncontiguous re- Ms. BORDALLO. Mr. Speaker, I yield sources and active communities; completion of the study 3 years after back the balance of my time. (2) reflects traditions, customs, beliefs, and the date funds are made available. The SPEAKER pro tempore. The folklife that are a valuable part of the na- Mr. Speaker, the area included in question is on the motion offered by tional story; this proposed study is not only beau- the gentlewoman from Guam (Ms. (3) provides outstanding opportunities to tiful, but is rich in Native American conserve natural, historic, cultural, or scenic and European history. The area was a BORDALLO) that the House suspend the features; rules and pass the bill, H.R. 1595, as busy stop on European trade routes (4) provides outstanding recreational and many years before Lewis and Clark fa- amended. educational opportunities; mously visited the west coast. Rep- The question was taken. (5) contains resources important to the identified theme or themes of the Study resentative BAIRD is to be commended The SPEAKER pro tempore. In the for his hard work on behalf of this leg- opinion of the Chair, two-thirds being Area that retain a degree of integrity capable of supporting interpretation; islation. We look forward to working in the affirmative, the ayes have it. (6) includes residents, business interests, with him on the designation of a na- Mr. PRICE of Georgia. Mr. Speaker, nonprofit organizations, and local and State tional heritage area should the study on that I demand the yeas and nays. governments that are involved in the plan- support such an action. The yeas and nays were ordered. ning, have developed a conceptual financial Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Pursu- plan that outlines the roles for all partici- my time. pants, including the Federal Government, ant to clause 8 of rule XX and the and have demonstrated support for the con- Mr. LAMBORN. Mr. Speaker, I rise in Chair’s prior announcement, further cept of a national heritage area; opposition to H.R. 407 for both proce- proceedings on this question will be (7) has a potential local coordinating enti- dural and substantive reasons. I am postponed. ty to work in partnership with residents, very dismayed that this bill has been

VerDate Aug 31 2005 01:11 May 08, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MY7.011 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4500 CONGRESSIONAL RECORD — HOUSE May 7, 2007 rushed to the floor with no hearing or AMERICAN LAND RIGHTS by the Republican Senator from Or- subcommittee or full committee con- ASSOCIATION, egon. Given that bipartisan and non- Battle Ground, WA, May 3, 2007. sideration by the Committee on Nat- controversial legislative history, and Re H.R. 407 (Columbia-Pacific Heritage Area the fact that the bill simply authorizes ural Resources. The majority might Study authored by Congressman Baird say a hearing was held on the bill last and Wu). a study, it is perfectly appropriate that the measure be before the House today. September, and no opposition was Hon. NICK RAHALL, We have used similar procedures to present so there is no need for consid- Chairman, House Committee on Natural Re- bring other measures left over from the eration by the committee this year; sources, Washington, DC. Hon. DON YOUNG, previous Congress to the floor, meas- but I strongly disagree with this logic Ranking Member, House Committee on Natural ures sponsored by both Republicans for several reasons. Resources, Washington, DC. and Democrats. First, the committee has received a DEAR CHAIRMAN RAHALL AND CONGRESSMAN The one organization mentioned as YOUNG, The American Land Rights Associa- strong letter of opposition to H.R. 407 opposing the bill failed to make their tion is headquartered is Southwest Wash- opposition known to the committee or by one of the largest private property ington State and is very involved with pri- the sponsor, nor did they testify at last rights groups, the American Land vate property rights and land use issues here year’s hearing. Further, the group has Rights Association, based in Battle- and throughout the United States. We understand the House will soon con- no real relevance because it opposes all ground, Washington. sider H.R. 407, the Columbia-Pacific Heritage heritage area study proposals on ideo- That letter states: ‘‘We are curious Area Study Act, which affects our members logical, rather than substantive, why no hearings have been held on this in this region. We are curious why no hear- grounds which have nothing to do with ings have been held on this bill during this bill during this Congress. Congress has this specific proposal. Congress. Congress has the time and energy Lastly, this legislation simply au- the time and energy to congratulate to congratulate victorious sports teams but victorious sports teams, but does not does not have the time and resources to hold thorizes a study, not a national heritage area. To oppose the study because have the time and resources to hold a a hearing on this bill that affects millions of acres of private property in Washington and you assume you will oppose what the hearing on this bill which affects mil- Oregon. study will recommend is premature at lions of acres of private property in Although H.R. 407 is billed as ‘‘merely as best. There is no real controversy re- Washington and Oregon.’’ study,’’ history shows the National Park garding this legislation, and we urge Service rarely does a study that concludes a Second, I note that one-eighth of the our colleagues to support it. national heritage area is not feasible. Recent Mr. LAMBORN. Mr. Speaker, I re- Members of this body, including me, history also shows that national heritage are new Members of the House and areas cost the National Park Service $10 mil- serve the balance of my time. Mr. GRIJALVA. Mr. Speaker, I yield were unable to participate in hearings lion dollars during their 15-year life span. to the sponsor of this legislation, the held in the last Congress on this bill. Moreover, once their 15-year authorization expires, heritage area proponents come back gentleman from Washington (Mr. Although there might be some cases to Congress asking for even more federal BAIRD), for such time as he may con- where a consensus bill from the last money so they can ultimately become ‘‘self sume. Congress could justifiably be forwarded sufficient.’’ At a time when the National Mr. BAIRD. Mr. Speaker, I rise today to the House for expedited consider- Park Service has a multi-billion dollar main- in strong support of H.R. 407, the Co- tenance backlog for such basic visitor serv- lumbia-Pacific National Heritage Area ation on the floor, this bill should not ices as campgrounds, visitor centers and be one of them. As I said previously, it sanitation facilities, it should not be forced Study Act. is strongly opposed by a private rights by Congress to create expensive new heritage The Columbia-Pacific National Herit- based group in the area affected by the areas that siphon precious federal dollars for age Area Study Act is an important piece of legislation to my district and bill. these higher and better uses. The American Land Rights Association re- the entire Pacific Northwest. I have The substantive reasons to oppose spectfully requests the House Committee on been privileged to work with DAVID WU this bill can best be summarized by the Natural Resources hold a balanced hearing from Oregon in introducing this legis- on H.R. 407 before bringing this bill to the lation. In the Senate, the companion American Land Rights Association’s House Floor. We are astonished with the May 3, 2007, letter to the Committee on sense of urgency to pass this bill so early in legislation has been introduced by Sen- Natural Resources which states: ‘‘Al- the new Congress. ator GORDON SMITH from Oregon and is though H.R. 407 is billed merely as a Sincerely, supported by Washington Senators study, history shows the National Park CHUCK CUSHMAN, MURRAY and CANTWELL, as well as Or- Executive Director. egon Senator RON WYDEN. Hence, this Service rarely does a study that con- As I have stated publicly before, en- legislation has both bipartisan and bi- cludes a national heritage area is not acting legislation that actually works cameral support. feasible. Recent history also shows for the American people requires The mouth of the Columbia is a spe- that national heritage areas cost the thoughtfulness and dialogue so all op- cial place with a very rich history. Na- National Park Service $10 million dur- tions are on the table. To reject that tive American communities have flour- ing their 15-year life span. Moreover, just because a numerical majority is ished there for thousands of years. It is once their 15-year authorization ex- available does a tremendous disservice home to the first American settlement pires, heritage area proponents come to the American people. For these rea- on the Pacific, Astoria. It served as a back to Congress asking for even more sons, I urge my colleagues to vote ‘‘no’’ major trading post for European, Federal moneys so they can ultimately on H.R. 407. American, Chinese, and other nations’ become self-sufficient. At a time when Mr. Speaker, I reserve the balance of ships, and earned its nickname the my time. ‘‘Graveyard of the Pacific’’ from the the National Park Service has a multi- Mr. GRIJALVA. Mr. Speaker, I yield hundreds of shipwrecks along its dan- billion dollar maintenance backlog for myself such time as I may consume. gerous coast. Lewis and Clark ended such basic visitor services as camp- I would first point out that almost their westward trek there in 1805. grounds, visitor centers and sanitation identical legislation, H.R. 5485, was the Today, the area is home to the fishing, facilities, it should not be forced by subject of a subcommittee hearing in seafood processing, and timber commu- Congress to create expensive new herit- the Resources Committee during the nities that embody the Pacific North- age areas that siphon precious Federal previous Congress. west. dollars from these higher and better During that hearing, the Bush ad- Establishing a national heritage area uses.’’ ministration and local business leaders at the mouth of the river is fitting in expressed support for the legislation. recognition of the region and its impor- Mr. Speaker, I include for the That hearing, organized by then-Re- tance historically. As you know, the RECORD the letter I just referred to. publican majority, featured no testi- national heritage area unites parts of mony opposing the bill. Further, the historically and culturally significant companion to this bill was sponsored areas under a common purpose. In this

VerDate Aug 31 2005 02:48 May 08, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.021 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4501 case, it will help continue the coopera- ton’s newest national park, the Lewis I do happen to know that Battle- tive efforts that the Lewis and Clark and Clark National and State Histor- ground, Washington, is not anywhere bicentennial helped to create. The bi- ical Parks. No one person could have near the affected area. The affected centennial commemoration helped accomplished the many steps to this area encompasses Pacific County and bring community interests together to point. I thank the hard work of the Wahkiakum County on my side of the plan and work in a collaborative fash- Natural Resources Committee, Con- river, two counties on the gentleman ion. A national heritage area will congressmen BAIRD and SOUDER, Oregon from Oregon’s side of the river. Battle- tinue this momentum and ensure the State Senator Betsy Johnson and ground is not there. region continues to attract families, former park superintendent Chip Jen- As far as the massive size of this or- outdoorsmen and women, history buffs, kins. ganization you describe, it is not so and others to enhance its sustainable I would especially like to thank all of large. I appreciate they have a voice. I tourism economy. the local citizens, such as Astoria’s am happy to listen to the voice. This Most impressive is that the effort to Cindy Mudge who has put tremendous Congress should listen to the voice. create a national heritage area at the time and effort into the heritage area. But it should not overwhelm the unani- mouth of the Columbia is really an The history that shaped this part of mous sense of the people who sponsored idea driven by the local community. our Nation should be preserved and this legislation. The committee juris- We have received letters of support celebrated. diction has had a hearing on this, and from local governments, local busi- Here, where the Columbia, the great I do not think we want to make it the nesses, trade associations, chambers of river of the West, meets the ocean, practice of this body, we certainly commerce, ports and others who have strong men and women have left their never have before, to say that every heard about this effort and whole- indelible imprint for millennia. Native time a relatively noncontroversial bill heartedly endorsed it. A brief sample of cultures, such as the Clatsop Nehalem, has been heard well out in the prior support includes the Washington State Chinook and other Indian tribes, were Congress, we have to have another Parks and Recreation Commission, the joined by the Spanish, Russians and hearing. Office of the Governor of Oregon, the British. Lewis and Clark began an If the gentleman pretends to say that city of Astoria, Shorebank Pacific American tie to the river, and Ameri- it is his concern that we try to save the Bank, Cannon Beach Chamber of Com- cans of diverse descent, including taxpayers’ money, having continuous, merce, the Port of Peninsula, and the Americans of Scandinavian, Chinese multiple hearings every time a bill Clatsop County Historical Society. and other heritages, together built the does not quite pass out both bodies, During the prior Congress, the legis- history of the region. both the House and the Senate, from lation was subject to an oversight This is the way that America was or one Congress to the next, I think it hearing in the National Parks Sub- should be, a close-knit community would actually cost the taxpayers a lot committee where the administration where everyone, from the Indians to more money than you would hope to expressed their support for the bill. We Lewis and Clark to Scandinavians to save. were also joined by small business own- Chinese, were and are welcome; where Let me speak to the substance of ers from the area, notably Bob An- work, and not parentage, determines this. My friend from Oregon said it drews, who expressed his particular one’s worth. well. If you know the history of this support. From forestry to fisheries, the land great country and if you know the his- I would like to take this opportunity and waters have provided. Today, tory of the Pacific Northwest, there to thank the National Resource Com- human hands provide for the future. can be no doubt that this area warrants mittee chairman, NICK RAHALL; the We are trying to build a college to help designation such as we think this study Subcommittee on National Parks, For- create the education and research- will ultimately lend it. ests and Public Lands chairman, Mr. based economy of the future. Here also My friend mentioned Lewis and GRIJALVA; and their staffs, including are the helping hands of the Columbia Clark. Prior to them, the historical David Watkins and Rick Healy, for River bar pilots who since 1846 have trade that went along among the na- their work in bringing this to the floor. guided ships across the Columbia River tive tribes at the mouth of the Colum- I would also like to thank Marc bar, and the United States Coast bia River was legendary. Lewis and Korman in my office for his work on Guard, who faithfully protect local and Clark, the first American settlement in this important legislation. And espe- international commerce on the rough- the Pacific Northwest, the key to trade cially, my dear friend, DAVID WU. est, toughest water in the world. with Asia in the early years of this Again, I thank the Chair for bringing The mouth of the Columbia River great country, it was this mouth of this to the floor and urge final passage. presents layers of history and culture this river where the first northwest Mr. LAMBORN. Mr. Speaker, I re- like an ancient buried city, except that serve the balance of my time. settlement of the United States by the river rolls on today. Unlike the Americans expanded. The mouth of Mr. GRIJALVA. Mr. Speaker, let me Hudson or the Mississippi, we do not yield such time as he may consume to this river is a key to the commerce, have a large city at the river’s mouth not only of the Pacific Northwest but the gentleman from Oregon (Mr. WU). to preserve its stories and heritage; an Mr. WU. I thank the gentleman from the inland Northwest, the greater act of Congress shall do so. Northwest where great quantities of Arizona. I ask my colleagues to support H.R. grain and other cargos are shipped out. Mr. Speaker, I strongly support the 407 and note that the opposition which This region has a rich cultural, his- creation of a Columbia-Pacific Na- has been expressed comes from an orga- torical legacy that we need to honor tional Heritage Area. I have worked nization which is not within the his- and respect and preserve. That is why closely with my friend and colleague, toric study area. the administration supports this bill. the gentleman from Washington (Mr. Mr. LAMBORN. Mr. Speaker, I re- That is why our friend and colleague in BAIRD), to introduce H.R. 407 to study serve the balance of my time. the feasibility of a national heritage the other body, Senator SMITH, sup- area at the mouth of the Columbia b 1515 ports this bill. That is why we have I River between Oregon and Washington. Mr. GRIJALVA. Mr. Speaker, I yield think the unanimous support of both Like the river itself, the journey to as much time as he may consume to delegations. This should be a non- get to where we are has been lengthy. the gentleman from Washington (Mr. controversial bill. In 2001, I took the initial steps with BAIRD), the sponsor of the legislation. The gentleman from Colorado I think Mr. BAIRD and with the help of the Na- Mr. BAIRD. I thank my friend from has raised rather specious arguments tional Resources Committee and the Arizona. against it, and I think we should pass gentleman from Indiana (Mr. SOUDER), I would just like to correct the this fine legislation and move forward and we were able to expand Fort record of the gentleman from Colorado. with honoring a very richly deserving Clatsop National Historic Monument I know a little bit about Colorado my- part of this country with this designa- and extend it to the sea. self. I have lived there. I doubt the gen- tion. Next, Congressman BAIRD and I to- tleman from Colorado has lived in my Mr. LAMBORN. Mr. Speaker, I yield gether created Oregon’s and Washing- district. back the balance of my time.

VerDate Aug 31 2005 02:48 May 08, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.022 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4502 CONGRESSIONAL RECORD — HOUSE May 7, 2007 Mr. GRIJALVA. Mr. Speaker, in clos- (2) administer the land or interest as part Related legislation passed the other ing, let me thank the sponsors, Con- of the Park, in accordance with all applica- body in the 109th Congress and has gressman BAIRD and Congressman WU, ble laws (including regulations). been reintroduced by Senator CRAIG (c) DEADLINE FOR ACQUISITION.—It is the infor this fine legislation and to remind tent of Congress that the acquisition of land THOMAS of Wyoming and approved by our colleagues that this is the begin- or an interest in land under subsection (a) be the Senate Energy and Natural Re- ning of a process for a designation. completed not later than 1 year after the sources Committee earlier this year. This is the study process, and it is non- date of enactment of this Act. Mr. Speaker, the National Park Serv- controversial. And as mentioned be- (d) RESTRICTION ON TRANSFER.—The Sec- ice has testified in support of the bill, fore, the organization opposing it has a retary shall not donate, sell, exchange, or and it cleared the National Parks, For- protected record of opposing any herit- otherwise transfer any land acquired under ests and Public Lands Subcommittee, this section without express authorization and the full Natural Resources Com- age area, without any substantive from Congress. mittee on voice votes without any qualification to that opposition. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Mr. Speaker, I yield back the balance There are authorized to be appropriated to amendments. of our time. the Secretary such sums as are necessary to Mr. Speaker, Representative CUBIN is The SPEAKER pro tempore. The carry out this Act. to be commended for her work on this question is on the motion offered by The SPEAKER pro tempore. Pursu- legislation. We support passage of H.R. the gentleman from Arizona (Mr. ant to the rule, the gentleman from Ar- 1080 and urge its adoption by the House GRIJALVA) that the House suspend the izona (Mr. GRIJALVA) and the gen- today. rules and pass the bill, H.R. 407, as tleman from Colorado (Mr. LAMBORN) Mr. Speaker, I reserve the balance of amended. each will control 20 minutes. my time. The question was taken. The Chair recognizes the gentleman Mr. LAMBORN. Mr. Speaker, I yield The SPEAKER pro tempore. In the from Arizona. myself such time as I may consume. opinion of the Chair, two-thirds being GENERAL LEAVE H.R. 1080, introduced by our col- in the affirmative, the ayes have it. Mr. GRIJALVA. Mr. Speaker, I ask league Congresswoman BARBARA CUBIN, Mr. RYAN of Wisconsin. Mr. Speaker, unanimous consent that all Members would modify the boundaries of the on that I demand the yeas and nays. have 5 legislative days to revise and ex- Grand Teton National Park to include The yeas and nays were ordered. 49 acres of privately donated land. I The SPEAKER pro tempore. Pursu- tend their remarks and include extraneous material on the bill under con- commend Mrs. CUBIN for her work on ant to clause 8 of rule XX and the this legislation. This highly valuable Chair’s prior announcement, further sideration. The SPEAKER pro tempore. Is there land, which has been valued at nearly proceedings on this question will be objection to the request of the gen- $20 million, is being conveyed to the postponed. tleman from Arizona? Park Service at very minimal cost. f There was no objection. Representative CUBIN and her staff GRAND TETON NATIONAL PARK Mr. GRIJALVA. Mr. Speaker, I yield did an excellent job working with the EXTENSION ACT OF 2007 myself such time as I may consume. private individuals and groups who are H.R. 1080 was introduced by our col- donating the land and with the Park Mr. GRIJALVA. Mr. Speaker, I move league from Wyoming, Representative Service. The 49 acres are beautiful and to suspend the rules and pass the bill BARBARA CUBIN. The legislation would highly desirable land that will enhance (H.R. 1080) to modify the boundaries of authorize the Secretary of the Interior Grand Teton National Park. Grand Teton National Park to include to expand the boundaries of the Grand This noncontroversial bill was favor- certain land within the GT Park Sub- Teton National Park to include ap- ably reported by the Natural Resources division, and for other purposes. The Clerk read the title of the bill. proximately 50 acres that landowners Committee by unanimous consent, and The text of the bill is as follows: in the adjacent Grand Teton Park Sub- I urge my colleagues to support H.R. H.R. 1080 division wish to donate to the park. 1080. The subdivision is located adjacent I would also like to add that our Be it enacted by the Senate and House of Rep- to the park’s eastern boundary and is resentatives of the United States of America in thoughts and prayers are with Rep- Congress assembled, visible from the park’s main road. Ac- resentative CUBIN and her husband, Dr. SECTION 1. SHORT TITLE. cording to the National Park Service, Cubin. We wish him a quick and speedy This Act may be cited as the ‘‘Grand Teton the land is similar in character and recovery. National Park Extension Act of 2007’’. quality to the adjacent parklands and Mr. Speaker, I have no additional SEC. 2. DEFINITIONS. offers unobstructed views of the Teton speakers, and I yield back the balance In this Act: range and across the broad valley of of my time. (1) PARK.—The term ‘‘Park’’ means the Jackson Hole. Mr. GRIJALVA. Mr. Speaker, I have Grand Teton National Park. One lot in the subdivision was owned no additional speakers, and I yield (2) SECRETARY.—The term ‘‘Secretary’’ by the Gerald Halpin family. The re- back the balance of our time. means the Secretary of the Interior. maining seven lots were donated by the The SPEAKER pro tempore. The (3) SUBDIVISION.—The term ‘‘Subdivision’’ means the GT Park Subdivision, with an Halpin family to private organizations, question is on the motion offered by area of approximately 49.67 acres, as gen- including the National Fish and Wild- the gentleman from Arizona (Mr. erally depicted on— life Foundation, the National Park GRIJALVA) that the House suspend the (A) the plat recorded in the Office of the Foundation, and the Grand Teton Na- rules and pass the bill, H.R. 1080. Teton County Clerk and Recorder on Decem- tional Park Foundation. The question was taken; and (two- ber 16, 1997, numbered 918, entitled ‘‘Final All of these owners would like to do- thirds being in the affirmative) the Plat GT Park Subdivision’’, and dated June nate their land to the park, but the rules were suspended and the bill was 18, 1997; and parcels lie outside the existing park passed. (B) the map entitled ‘‘2006 Proposed Grand boundary. The 1950 law creating the Teton Boundary Adjustment’’, numbered 136/ A motion to reconsider was laid on 80,198, and dated March 21, 2006, which shall park includes a provision forbidding the table. be on file and available for inspection in ap- expansion of any national park or f propriate offices of the National Park Serv- monument in Wyoming without the ex- ice. press authorization of Congress. CHEYENNE RIVER SIOUX TRIBE SEC. 3. ACQUISITION OF LAND. H.R. 1080 would authorize the Sec- EQUITABLE COMPENSATION (a) IN GENERAL.—The Secretary may ac- retary to accept the donation of lands AMENDMENTS ACT OF 2007 cept from any willing donor the donation of within the subdivision and, upon acqui- Mrs. NAPOLITANO. Mr. Speaker, I any land or interest in land of the Subdivi- sition, adjust the boundary of Grand move to suspend the rules and pass the sion. Teton National Park. The bill would bill (H.R. 487) to amend the Cheyenne (b) ADMINISTRATION.—On acquisition of land or an interest in land under subsection also prohibit the future sale, donation, River Sioux Tribe Equitable Compensa- (a), the Secretary shall— exchange or other transfer of the action Act to provide compensation to (1) include the land or interest in the quired land without congressional ap- members of the Cheyenne River Sioux boundaries of the Park; and proval. Tribe for damage resulting from the

VerDate Aug 31 2005 01:11 May 08, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.027 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4503 Oahe Dam and Reservoir Project, and (2) by inserting before paragraph (2) the ‘‘(i) INITIAL INVESTMENT.—Amounts in the for other purposes. following: principal account shall be initially invested The Clerk read the title of the bill. ‘‘(1) MEMBER LANDOWNER.—The term ‘mem- in eligible obligations with the shortest The text of the bill is as follows: ber landowner’ means a member of the Tribe available maturity. (or an heir of such a member) that owned ‘‘(ii) SUBSEQUENT INVESTMENTS.— H.R. 487 land (including land allotted under the Act ‘‘(I) IN GENERAL.—On the date on which the Be it enacted by the Senate and House of Rep- of February 8, 1887 (24 Stat. 388, chapter 119)) amount in the principal account is divisible resentatives of the United States of America in located on the Cheyenne River Sioux Res- into 3 substantially equal portions, each por- Congress assembled, ervation that was acquired by the United tion shall be invested in eligible obligations SECTION 1. SHORT TITLE. States for the Oahe Dam and Reservoir that are identical (except for transferability) This Act may be cited as the ‘‘Cheyenne Project.’’. to the next-issued publicly-issued Treasury River Sioux Tribe Equitable Compensation (c) CHEYENNE RIVER SIOUX TRIBAL RECOV- obligations having a 2-year maturity, a 5- Amendments Act of 2007’’. ERY TRUST FUND.—Section 104 of the Chey- year maturity, and a 10-year maturity, re- enne River Sioux Tribe Equitable Compensa- SEC. 2. FINDINGS. spectively. tion Act (Public Law 106–511; 114 Stat. 2365) (a) FINDINGS.—Congress finds that— ‘‘(II) MATURITY OF OBLIGATIONS.—As each 2- is amended— (1) the Pick-Sloan Missouri River Basin year, 5-year, and 10-year eligible obligation (1) by striking subsection (b) and inserting program, authorized by section 9 of the Act under subclause (I) matures, the principal of the following: of December 22, 1944 (commonly known as ‘‘(b) FUNDING.—On the first day of the fis- the maturing eligible obligation shall be ini- the ‘‘Flood Control Act of 1944’’) (58 Stat. cal year beginning after the date of enact- tially invested in accordance with clause (i) 891), was intended to promote the general ment of the Cheyenne River Sioux Tribe Eq- until the date on which the principal is rein- economic development of the United States; uitable Compensation Amendments Act of vested substantially equally in the eligible (2) the Oahe Dam and Reservoir Project— 2007 and on the first day of each of the fol- obligations that are identical (except for (A) is a major component of the Pick-Sloan lowing 4 fiscal years (referred to in this sec- transferability) to the next-issued publicly- Missouri River Basin program; and tion as the ‘capitalization dates’), the Sec- issued Treasury obligations having 2-year, 5- (B) contributes to the national economy; retary of the Treasury shall deposit into the year, and 10-year maturities. (3) the Oahe Dam and Reservoir Project Fund, from amounts in the general fund of ‘‘(iii) DISCONTINUATION OF ISSUANCE OF OB- flooded the fertile bottom land of the Chey- the Treasury— LIGATIONS.—If the Department of the Treas- enne River Sioux Reservation, which greatly ‘‘(1) $58,144,591.60; and ury discontinues issuing to the public obliga- damaged the economy and cultural resources ‘‘(2) an additional amount equal to the tions having 2-year, 5-year, or 10-year matu- of the Cheyenne River Sioux Tribe and amount of interest that would have accrued rities, the principal of any maturing eligible caused the loss of many homes and commu- if— obligation shall be reinvested substantially nities of members of the Tribe; ‘‘(A) the amount described in paragraph (1) equally in available eligible obligations that (4) Congress has provided compensation to had been— are identical (except for transferability) to several Indian tribes, including the Cheyenne ‘‘(i) credited to the principal account as de- the next-issued publicly-issued Treasury ob- River Sioux Tribe, that border the Missouri scribed in subsection (c)(2)(B)(i)(I) on the ligations with maturities of longer than 1 River and suffered injury as a result of 1 or first day of the fiscal year beginning October year. more of the Pick-Sloan projects; 1, 2001; and ‘‘(D) INVESTMENT OF INTEREST ACCOUNT.— (5) on determining that the compensation ‘‘(ii) invested as described in subsection ‘‘(i) BEFORE EACH CAPITALIZATION DATE.— paid to the Cheyenne River Sioux Tribe was (c)(2)(C) during the period beginning on the For purposes of subsection (b)(2)(B), amounts inadequate, Congress enacted the Cheyenne date described in clause (i) and ending on the considered as if they were in the interest ac- River Sioux Tribe Equitable Compensation last day of the fiscal year before the fiscal count of the Fund shall be invested in eligi- Act (Public Law 106–511; 114 Stat. 2365), year in which that amount is deposited into ble obligations that are identical (except for which created the Cheyenne River Sioux the Fund; and transferability) to publicly-issued Treasury Tribal Recovery Trust Fund; and ‘‘(B) the interest that would have accrued obligations that have maturities that coin- (6) that Act did not provide for additional under subparagraph (A) during the period decide, to the greatest extent practicable, with compensation to members of the Cheyenne scribed in subparagraph (A)(ii) had been— the applicable capitalization date for the River Sioux Tribe that lost land as a result ‘‘(i) credited to the interest account under Fund. of the Oahe Dam and Reservoir Project. subsection (c)(2)(B)(ii); and ‘‘(ii) ON AND AFTER EACH CAPITALIZATION (b) PURPOSES.—The purposes of this Act ‘‘(ii) invested during that period in accord- DATE.—On and after each capitalization date, are— ance with subsection (c)(2)(D)(i).’’; amounts in the interest account shall be in- (1) to provide that the Cheyenne River (2) by striking subsection (c) and inserting vested and reinvested in eligible obligations Sioux Tribal Recovery Trust Fund may be the following: that are identical (except for transferability) used to provide compensation to members of ‘‘(c) INVESTMENTS.— to publicly-issued Treasury obligations that the Cheyenne River Sioux Tribe that lost ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith- have maturities that coincide, to the great- land as a result of the Oahe Dam and Res- standing any other provision of law, the Sec- est extent practicable, with the date on ervoir Project; and retary of the Treasury shall invest the Fund which the amounts will be withdrawn by the (2) to provide for the capitalization of the only in interest-bearing obligations of the Secretary of the Treasury and transferred to Cheyenne River Sioux Tribal Recovery Trust United States issued directly to the Fund. the Secretary of the Interior for use in ac- Fund. ‘‘(2) INVESTMENT REQUIREMENTS.— cordance with subsection (d). SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUI- ‘‘(A) IN GENERAL.—The Secretary of the ‘‘(E) PAR PURCHASE PRICE.— TABLE COMPENSATION. Treasury shall invest the Fund in accordance ‘‘(i) IN GENERAL.—To preserve in perpetuity (a) FINDINGS AND PURPOSES.—Section 102 of with this paragraph. the amount in the principal account, the the Cheyenne River Sioux Tribe Equitable ‘‘(B) SEPARATE INVESTMENTS OF PRINCIPAL purchase price of an eligible obligation pur- Compensation Act (Public Law 106–511; 114 AND INTEREST.— chased as an investment of the principal ac- Stat. 2365) is amended— ‘‘(i) PRINCIPAL ACCOUNT.—The amounts de- count shall not exceed the par value of the (1) in subsection (a)(3), by striking sub- posited into the Fund under subsection (b)(1) obligation. paragraphs (A) and (B) and inserting the fol- shall be— ‘‘(ii) TREATMENT.—At the maturity of an lowing: ‘‘(I) credited to a principal account within eligible obligation described in clause (i), ‘‘(A) the United States did not justly or the Fund (referred to in this paragraph as any discount from par in the purchase price fairly compensate the Tribe and member the ‘principal account’); and of the eligible obligation shall be treated as landowners for the Oahe Dam and Reserva- ‘‘(II) invested in accordance with subpara- interest paid at maturity. tion project, under which the United States graph (C). ‘‘(F) HOLDING TO MATURITY.—Eligible obli- acquired 104,492 acres of land of the Tribe ‘‘(ii) INTEREST ACCOUNT.— gations purchased pursuant to this para- and member landowners; and ‘‘(I) IN GENERAL.—The interest earned from graph shall be held to their maturities. ‘‘(B) the Tribe and member landowners investing amounts in the principal account ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI- should be adequately compensated for that shall be— TIES.—Not less frequently than once each land;’’; and ‘‘(aa) transferred to a separate interest ac- calendar year, the Secretary of the Treasury (2) in subsection (b)(1), by inserting ‘‘and count within the Fund (referred to in this shall review with the Tribe the results of the member landowners’’ after ‘‘Tribe’’ each paragraph as the ‘interest account’); and investment activities and financial status of place it appears. ‘‘(bb) invested in accordance with subpara- the Fund during the preceding calendar year. (b) DEFINITIONS.—Section 103 of the Chey- graph (D). ‘‘(4) MODIFICATIONS.— enne River Sioux Tribe Equitable Compensa- ‘‘(II) CREDITING.—The interest earned from ‘‘(A) IN GENERAL.—If the Secretary of the tion Act (Public Law 106–511; 114 Stat. 2365) investing amounts in the interest account, Treasury determines that investing the Fund is amended— and the amounts deposited into the Fund in accordance with paragraph (2) is not prac- (1) by redesignating paragraph (1) as para- under subsection (b)(2), shall be credited to ticable or would result in adverse con- graph (3) and moving the paragraph so as to the interest account. sequences to the Fund, the Secretary of the appear after paragraph (2); and ‘‘(C) INVESTMENT OF PRINCIPAL ACCOUNT.— Treasury shall modify the requirements to

VerDate Aug 31 2005 01:11 May 08, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.030 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4504 CONGRESSIONAL RECORD — HOUSE May 7, 2007 the least extent necessary, as determined by erty of the Tribe for the Oahe Dam and Res- projects, the Oahe Dam and Reservoir, the Secretary of the Treasury. ervoir Project of the Pick-Sloan Missouri caused flooding on over 100,000 acres of ‘‘(B) CONSULTATION.—Before making a River Basin program, all monetary claims the Cheyenne River Indian Reservation modification under subparagraph (A), the that the member landowner or heir has or in north central South Dakota. The Secretary of the Treasury shall consult with may have against the United States for the the Tribe with respect to the modification.’’; taking shall be extinguished.’’. loss of these lands was particularly devastating to the tribe and included (3) in subsection (d), by striking paragraph The SPEAKER pro tempore. Pursu- some of their most important cropland, (1) and inserting the following: ant to the rule, the gentlewoman from ‘‘(1) WITHDRAWAL OF INTEREST.—Beginning wildlife habitat and spiritually signifi- California (Mrs. NAPOLITANO) and the on the first day of the fiscal year beginning cant places. after the date of enactment of the Cheyenne gentleman from Colorado (Mr. Though the tribe did receive some River Sioux Tribe Equitable Compensation LAMBORN) each will control 20 minutes. initial compensation for this loss, the The Chair recognizes the gentle- Amendments Act of 2007, and on the first day amount was woefully inadequate and of each fiscal year thereafter, the Secretary woman from California. of the Treasury shall withdraw and transfer did not reflect the magnitude of the GENERAL LEAVE loss imposed on the tribe. In 2000, Con- all funds in the interest account of the Fund Mrs. NAPOLITANO. Mr. Speaker, I to the Secretary of the Interior for use in ac- gress recognized this injustice when it cordance with paragraph (2), to be available ask unanimous consent that all Mem- passed legislation to provide additional without fiscal year limitation.’’; and bers may have 5 days to revise and ex- compensation for the Cheyenne River (4) in subsection (f)— tend their remarks and include extra- Sioux Tribe and created a trust fund (A) by redesignating paragraphs (3) and (4) neous material on the bill under con- for additional tribal development. Un- as paragraphs (4) and (5), respectively; and sideration. fortunately, the 2000 legislation was in- (B) by inserting after paragraph (2) the fol- The SPEAKER pro tempore. Is there lowing: complete and flawed, requiring a num- objection to the request of the gentle- ber of amendments to the underlying ‘‘(3) MEMBER LANDOWNERS.— woman from California? ‘‘(A) ADDITIONAL COMPENSATION.— law. There was no objection. ‘‘(i) IN GENERAL.—Except as provided in In addition to several technical clause (iii), the plan may provide for the pay- Mrs. NAPOLITANO. Mr. Speaker, I changes advocated by the Department ment of additional compensation to member yield myself such time as I may con- of the Treasury, H.R. 487 will allow for landowners for acquisition of land by the sume. the immediate capitalization of the United States for use in the Oahe Dam and I would like to commend my col- trust fund and also give the tribe the Reservoir Project. league from South Dakota, Representa- authority to redirect a limited amount ‘‘(ii) DETERMINATION OF HEIRS.—An heir of tive HERSETH SANDLIN, for her very of the fund towards private tribal land- a member land owner shall be determined dedicated hard work and her persist- pursuant to the applicable probate code of owners. Many of the 100,000-plus acres the Tribe. ence on this piece of legislation. that were inundated due to the dam ‘‘(iii) EXCEPTION.—During any fiscal year, H.R. 487 makes several technical cor- were actually privately owned by tribal payments of additional compensation to a rections to address inequities that sur- members. Now tribal elders, these indi- member landowner under clause (i) shall faced after the enactment of the origi- viduals have been waiting decades for not— nal Cheyenne River Sioux Tribe Equi- fair compensation and will finally have ‘‘(I) be deposited or transferred into— table Compensation Act of 2000. In ‘‘(aa) the Individual Indian Money account that opportunity. short, this legislation provides for ac- Not only will H.R. 487 capitalize the of the member landowner; or celerated compensation for tribal ‘‘(bb) any other fund held by the United fund to allow immediate implementa- States on behalf of the member landowner; members and landowners impacted by tion of the tribe’s poverty reduction or the construction of the Oahe Dam in program, it will help to right a historic ‘‘(II) exceed an amount equal to 44.3 per- 1962. It also satisfies a request from the wrong and ultimately saves the Fed- cent of the amount transferred by the Sec- administration to amend the under- eral Government approximately $9 mil- retary of the Interior to the Tribe under lying structure of the compensation lion. paragraph (2). fund. The merits of this legislation are ‘‘(B) PROVISION OF RECORDS.—To assist the H.R. 487 will assist the tribe in ad- clear, both through its history and the Tribe in processing claims of heirs of mem- dressing this loss and help to ensure a ber landowners for land acquired by the spirit of bipartisan collaboration that United States for use in the Oahe Dam and positive future for the Cheyenne River brought it to the floor today. Reservoir Project, the Secretary of the Inte- Sioux. I urge my colleagues to join me in rior shall provide to the Tribe, in accordance Mr. Speaker, I yield such time as she supporting H.R. 487. with applicable laws (including regulations), may consume to the gentlewoman from Mr. LAMBORN. Mr. Speaker, I yield any record requested by the Tribe to identify South Dakota (Ms. HERSETH SANDLIN), myself as much time as I may con- the heirs of member landowners by the date the bill’s sponsor, to further describe sume. that is 90 days after the date of receipt of a the legislation. request from the Tribe.’’. This well-intended legislation im- Ms. HERSETH SANDLIN. Mr. Speak- proves current law by directly compen- (d) ELIGIBILITY OF TRIBE FOR CERTAIN PRO- er, I want to thank Chairwoman GRAMS AND SERVICES.—Section 105 of the sating landowners whose tribal lands Cheyenne River Sioux Tribe Equitable Com- NAPOLITANO for her support of this im- were flooded by the construction of the pensation Act (Public Law 106–511; 114 Stat. portant legislation to my constituents Federal Oahe Dam in South Dakota. It 2365) is amended in the matter preceding and for her leadership on the sub- also releases Federal funding to the paragraph (1) by inserting ‘‘or any member committee. Cheyenne River Sioux who were af- landowner’’ after ‘‘Tribe’’. I rise today in strong support of H.R. fected by the dam and, in doing so, re- (e) EXTINGUISHMENT OF CLAIMS.—Section 487, the Cheyenne River Sioux Tribe 107 of the Cheyenne River Sioux Tribe Equi- duces Federal taxpayer expenditures Equitable Compensation Amendments throughout the life of the program. table Compensation Act (Public Law 106–511; Act of 2007. This legislation is the re- 114 Stat. 2368) is amended to read as follows: In the last Congress, this bill had sult of a collaborative effort between ‘‘SEC. 107. EXTINGUISHMENT OF CLAIMS. major issues, but all parties worked in the Cheyenne River Sioux Tribe, the ‘‘(a) IN GENERAL.—On the date on which good faith to resolve their disagree- the final payment is deposited into the Fund South Dakota congressional delega- ments. It now enjoys broad support. under section 104(b), all monetary claims tion, the House Natural Resources We have no objection to this legisla- that the Tribe has or may have against the Committee and the Department of the tion and urge its adoption. United States for the taking by the United Treasury. I am very pleased to stand States of land and property of the Tribe for before my colleagues in the House b 1530 the Oahe Dam and Reservoir Project of the today and urge final passage of this im- Mr. Speaker, I yield back the balance Pick-Sloan Missouri River Basin program portant bill. of my time. shall be extinguished. The need for this legislation began Mrs. NAPOLITANO. Mr. Speaker, we ‘‘(b) EFFECT OF ACCEPTANCE OF PAYMENT.— On acceptance by a member landowner or an more than 50 years ago with the con- have no objection to this noncontrover- heir of a member landowner of any payment struction of a series of dams and res- sial bill. I would like to thank my col- by the Tribe for damages resulting from the ervoir projects along the upper Mis- league on the other side and also, espe- taking by the United States of land or prop- souri River basin. One of those cially, the sponsor of the bill, Ms.

VerDate Aug 31 2005 02:07 May 08, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MY7.018 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4505 HERSETH SANDLIN, for her very hard The SPEAKER pro tempore. Pursu- sional district. As you know many communities work and strong leadership. ant to the rule, the gentlewoman from today are faced with the difficult task of pro- Mr. Speaker, I yield back the balance California (Mrs. NAPOLITANO) and the viding reliable and safe water to their cus- of my time. gentleman from Colorado (Mr. tomers. The City of Oxnard is no exception. The SPEAKER pro tempore. The LAMBORN) each will control 20 minutes. Oxnard is on of California’s fastest growing question is on the motion offered by The Chair recognizes the gentle- cities and is facing an ever growing crisis: it’s the gentlewoman from California (Mrs. woman from California. running out of affordable water. The water NAPOLITANO) that the House suspend GENERAL LEAVE needs for the city’s agricultural and industrial the rules and pass the bill, H.R. 487. Mrs. NAPOLITANO. Mr. Speaker, I base, together with its growing population, has The question was taken; and (two- ask unanimous consent that all Mem- exceed its local water resources. As a result, thirds being in the affirmative) the bers may have 5 days to revise and ex- over 50 percent of its water has to be Im- rules were suspended and the bill was tend their remarks and include extra- ported from outside sources. passed. neous material on the bill under con- However, through a series of local, state A motion to reconsider was laid on sideration. and federal restrictions the amount of imported the table. The SPEAKER pro tempore. Is there water available to the city is shrinking, while f objection to the request of the gentle- the cost of that water is rising. Recognizing woman from California? these challenges, Oxnard developed the CITY OF OXNARD WATER RECY- There was no objection. GREAT Program to address its long term CLING AND DESALINATION ACT Mrs. NAPOLITANO. Mr. Speaker, I water needs. OF 2007 yield myself such time as I may con- The GREAT Program elements include: Mrs. NAPOLITANO. Mr. Speaker, I sume. A new regional groundwater desalination fa- move to suspend the rules and pass the I would like to commend foremost cility to serve potable water customers in bill (H.R. 1737) to amend the Reclama- my colleague from California (Mrs. Oxnard and adjacent communities; tion Wastewater and Groundwater CAPPS) again for the hard work and A recycled water system to serve agricul- Study and Facilities Act to authorize dedication to this great piece of legis- tural water users, and added protection the Secretary of the Interior to partici- lation for her district. against seawater intrusion and saltwater con- pate in the design, planning, and con- The purpose of H.R. 1737 is to author- tamination; and struction of permanent facilities for ize the Secretary of the Interior to par- A wetlands restoration and enhancement the GREAT project to reclaim, reuse, ticipate in the design and planning and component that efficiently reuses the brine dis- and treat impaired waters in the area construction of permanent facilities charges from both the groundwater desalina- of Oxnard, California. for the Groundwater Recovery En- tion and recycled water treatment facilities. The Clerk read the title of the bill. hancement Treatment project, the Implementation of the GREAT Program will The text of the bill is as follows: GREAT project. provide many significant regional benefits. First, the new desalination project will serve H.R. 1737 H.R. 1737, when enacted, authorizes limited Federal financial assistance to ratepayers in Oxnard and adjacent commu- Be it enacted by the Senate and House of Rep- nities, guaranteeing sufficient water supplies resentatives of the United States of America in develop a facility that will reclaim, Congress assembled, reuse and treat impaired water in the for the area. Second, Oxnard’s current water infrastruc- SEC. 1. SHORT TITLE. Oxnard, California, area. It is my hope This Act may be cited as the ‘‘City of that the administration will under- ture delivers approximately 30 million gallons Oxnard Water Recycling and Desalination stand the significance of this very crit- of treated wastewater per day to an ocean Act of 2007’’. ical litigation for Oxnard as the shin- outfall. The GREAT Program will utilize the re- SEC. 2. OXNARD, CALIFORNIA, WATER RECLAMA- ing example of the role water recycling source currently wasted to the ocean and treat TION, REUSE, AND TREATMENT plays in balancing our water manage- it so that it can be reused by the agricultural PROJECT. ment portfolio. water users in the area. (a) IN GENERAL.—The Reclamation Waste- I urge my colleagues to join me in During the non-growing season, it will inject water and Groundwater Study and Facilities supporting H.R. 1737. the resource into to the ground to serve as a Act (title XVI of Public Law 102–575; 43 U.S.C. 390h et seq.) is amended by adding at Mr. Speaker, I reserve the balance of barrier against seawater intrusion and salt- the end the following: my time. water contamination. To alleviate severely de- ‘‘SEC. ll. OXNARD, CALIFORNIA, WATER REC- Mr. LAMBORN. Mr. Speaker, I yield pressed groundwater levels, this component LAMATION, REUSE, AND TREATMENT myself such time as I may consume. also includes pumping groundwater into the PROJECT. This legislation will help meet the aquifer to enhance groundwater recharge. ‘‘(a) AUTHORIZATION.—The Secretary, in co- City of Oxnard, California, water sup- Finally, the brine produced as a by-product operation with the City of Oxnard, Cali- ply needs through the year 2030 and of the desalination and recycling plants will fornia, may participate in the design, plan- will reduce the city’s dependence on provide a year-round supply of nutrient rich ning, and construction of Phase I permanent imported water. A provision in the bill facilities for the GREAT project to reclaim, water to the existing wetlands at Ormond reuse, and treat impaired water in the area ensures that no Federal taxpayer dol- Beach. of Oxnard, California. lars will be used to construct or oper- Mr. Speaker, I commend the Natural Re- ‘‘(b) COST SHARE.—The Federal share of the ate a nearby visitor center connected sources Committee for trying to find innovative costs of the project described in subsection to this water project. We have no ob- and effective ways of extending water supplies (a) shall not exceed 25 percent of the total jection to this bill and urge its adop- in the West. In my view, the City of Oxnard cost. tion. Water Recycling and Desalination Act offers ‘‘(c) LIMITATION.—The Secretary shall not Mrs. CAPPS. I rise in strong support of H.R. such a creative solution. It will reduce the con- provide funds for the following: 1737, the City of Oxnard Water Recycling and sumption of groundwater for agricultural and ‘‘(1) The operations and maintenance of the project described in subsection (a). Desalination Act. industrial purposes, cut imported water deliv- ‘‘(2) The construction, operations, and First, I want to thank the chairman of the ery requirements, and improve local reliability maintenance of the visitor’s center related Natural Resources Committee, Mr. RAHALL, of high quality water deliveries. to the project described in subsection (a). and chairwoman or the Subcommittee on Again, I would like to thank the Natural Re- ‘‘(d) SUNSET OF AUTHORITY.—The authority Water and Power, Mrs. NAPOLITANO, as well sources Committee for supporting this bill, and of the Secretary to carry out any provisions as the ranking members of the full Committee urge its immediate passage. of this section shall terminate 10 years after and Subcommittee for expediting the consider- Mr. LAMBORN. Mr. Speaker, I yield the date of the enactment of this section.’’. ation of this legislation and for bringing H.R. back the balance of my time. (b) CLERICAL AMENDMENT.—The table of Mrs. NAPOLITANO. Mr. Speaker, I sections in section 2 of the Reclamation 1737 before us today. This bill was passed by Projects Authorization and Adjustment Act the House of Representatives last year but yield back the balance of my time. of 1992 is amended by inserting after the last was never acted on by the Senate. The SPEAKER pro tempore. The item the following: H.R. 1737 would authorize a proposed re- question is on the motion offered by ‘‘Sec. ll. Oxnard, California, water rec- gional water resources project—the Ground- the gentlewoman from California (Mrs. lamation, reuse, and treatment water Recovery Enhancement and Treatment NAPOLITANO) that the House suspend project.’’. or GREAT Program—located in my congres- the rules and pass the bill, H.R. 1737.

VerDate Aug 31 2005 02:07 May 08, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.032 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4506 CONGRESSIONAL RECORD — HOUSE May 7, 2007 The question was taken; and (two- tend their remarks and include extra- titude of uses for the people of South- thirds being in the affirmative) the neous material on the bill under con- ern California. I urge the support of rules were suspended and the bill was sideration. this bill, and I will not mention the passed. The SPEAKER pro tempore. Is there other body again, except to say that I A motion to reconsider was laid on objection to the request of the gentle- am looking forward to this early pas- the table. woman from California? sage turning into an early signature by f There was no objection. the President. Mrs. NAPOLITANO. Mr. Speaker, I Mrs. NAPOLITANO. Mr. Speaker, I EASTERN MUNICIPAL WATER DIS- yield myself such time as I may con- yield back the balance of my time. TRICT RECYCLED WATER SYS- sume. Mr. LAMBORN. Mr. Speaker, I yield TEM PRESSURIZATION AND EX- H.R. 30, as introduced by our col- back the balance of my time. PANSION PROJECT league, Mr. DARRELL ISSA from Cali- The SPEAKER pro tempore. The Mrs. NAPOLITANO. Mr. Speaker, I fornia, amends the Reclamation Waste- question is on the motion offered by move to suspend the rules and pass the water and Groundwater Study and Fa- the gentlewoman from California (Mrs. bill (H.R. 30) to amend the Reclamation cilities Act to authorize the Secretary NAPOLITANO) that the House suspend Wastewater and Groundwater Study of the Interior to participate in the the rules and pass the bill, H.R. 30. and Facilities Act to authorize the Sec- Eastern Municipal Water District Re- The question was taken; and (two- retary of the Interior to participate in cycled Water System Pressurization thirds being in the affirmative) the the Eastern Municipal Water District and Expansion Project. rules were suspended and the bill was Recycled Water System Pressurization This legislation will provide limited passed. and Expansion Project. financial assistance to the district for A motion to reconsider was laid on The Clerk read the title of the bill. the expansion of the Eastern Municipal the table. The text of the bill is as follows: Water District pressure zone system, a f H.R. 30 critical part of their water recycling LOWER REPUBLICAN RIVER BASIN Be it enacted by the Senate and House of Rep- system. The legislation will help the STUDY ACT resentatives of the United States of America in district maintain a stable, secure water Mrs. NAPOLITANO. Mr. Speaker, I Congress assembled, supply to strengthen the community’s move to suspend the rules and pass the SECTION 1. SHORT TITLE. ability to attract business, sustain its bill (H.R. 1025) to authorize the Sec- This Act may be cited as the ‘‘Eastern Mu- economy, protect its environment, and nicipal Water District Recycled Water Sys- retary of the Interior to conduct a deal with the community’s needs. study to determine the feasibility of tem Pressurization and Expansion Project’’. I thank Mr. ISSA for his hard work on SEC. 2. PROJECT AUTHORIZATION. implementing a water supply and con- this legislation, and I urge my col- servation project to improve water sup- (a) IN GENERAL.—The Reclamation Waste- leagues to join me in supporting H.R. water and Groundwater Study and Facilities ply reliability, increase the capacity of 30. Act (Public Law 102-575, title XVI; 43 U.S.C. water storage, and improve water man- Mr. Speaker, I reserve the balance of 390h et seq.) is amended by adding after sec- agement efficiency in the Republican my time. tion 16XX the following: River Basin between Harlan County Mr. LAMBORN. Mr. Speaker, I yield ‘‘SEC. 16XX. EASTERN MUNICIPAL WATER DIS- Lake in Nebraska and Milford Lake in myself such time as I may consume. TRICT RECYCLED WATER SYSTEM Kansas. PRESSURIZATION AND EXPANSION H.R. 30 recognizes the need to cap- PROJECT, CALIFORNIA. The Clerk read the title of the bill. ture and treat waste runoff to meet The text of the bill is as follows: ‘‘(a) AUTHORIZATION.—The Secretary, in co- growing water supply needs in arid operation with the Eastern Municipal Water H.R. 1025 Southern California. The water recy- District, California, may participate in the Be it enacted by the Senate and House of Rep- design, planning, and construction of perma- cling project envisioned in this legisla- resentatives of the United States of America in nent facilities needed to establish oper- tion will help drought-proof the region Congress assembled, ational pressure zones that will be used to and reduce its dependence on imported SECTION 1. SHORT TITLE. provide recycled water in the district. water from the Colorado River. This Act may be cited as the ‘‘Lower Re- ‘‘(b) COST SHARING.—The Federal share of I commend our colleague from Cali- publican River Basin Study Act’’. the cost of the project described in sub- fornia (Mr. ISSA) for his continued lead- SEC. 2. REPUBLICAN RIVER BASIN FEASIBILITY section (a) shall not exceed 25 percent of the ership and attention on developing new STUDY. total cost of the project. water supplies. I urge my colleagues to (a) AUTHORIZATION OF STUDY.—Pursuant to ‘‘(c) LIMITATION.—Funds provided by the reclamation laws, the Secretary of the Inte- Secretary shall not be used for operation or support this important legislation. rior, acting through the Bureau of Reclama- maintenance of the project described in sub- Mr. Speaker, I yield 3 minutes to the tion and in consultation and cooperation section (a). gentleman from California (Mr. ISSA). with the States of Nebraska, Kansas, and ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Mr. ISSA. Mr. Speaker, this bill is Colorado, may conduct a study to— There is authorized to be appropriated to not new. In fact, this is the second go- (1) determine the feasibility of imple- carry out this section $12,000,000. around for it, but that doesn’t make it menting a water supply and conservation ‘‘(e) SUNSET OF AUTHORITY.—The authority any easier. This bill, like many in the project that will— of the Secretary to carry out any provisions last Congress, died in the Senate. (A) improve water supply reliability in the of this section shall terminate 10 years after Republican River Basin between Harlan the date of enactment of this section.’’. That’s going to be different this time County Lake in Nebraska and Milford Lake (b) CLERICAL AMENDMENT.—The table of thanks to Chairman RAHALL and Rank- in Kansas, including areas in the counties of sections in section 2 of Public Law 102-575 is ing Member YOUNG. They considered Harlan, Franklin, Webster, and Nuckolls in amended by inserting after the item relating this, reviewed to see if there were any Nebraska and Jewel, Republic, Cloud, Wash- to section 16XX the following: significant changes, and quickly re- ington, and Clay in Kansas (in this section ‘‘Sec. 16XX. Eastern Municipal Water Dis- ported it out of committee. I want to referred to as the ‘‘Republican River Basin’’); trict Recycled Water System thank them for working on a bipar- (B) increase the capacity of water storage Pressurization and Expansion tisan basis to do that early on. through modifications of existing projects or through new projects that serve areas in the Project, California.’’. This is important to the people of The SPEAKER pro tempore. Pursu- Republican River Basin; and Southern California. As the gentlelady, (C) improve water management efficiency ant to the rule, the gentlewoman from who will speak, hopefully, next, will in the Republican River Basin through con- California (Mrs. NAPOLITANO) and the tell you, California has water. Unfortu- servation and other available means and, gentleman from Colorado (Mr. nately, we don’t capture enough, and it where appropriate, evaluate integrated water LAMBORN) each will control 20 minutes. isn’t where we need it and when we resource management and supply needs in The Chair recognizes the gentle- need it. the Republican River Basin; and woman from California. H.R. 30 is designed to bring some of (2) consider appropriate cost-sharing options for implementation of the project. GENERAL LEAVE that availability by significantly in- (b) COST SHARING.—The Federal share of Mrs. NAPOLITANO. Mr. Speaker, I creasing our use of recycled water, the cost of the study shall not exceed 50 per- ask unanimous consent that all Mem- both helping maintain the aquifer and cent of the total cost of the study, and shall bers may have 5 days to revise and ex- providing safe, clean water for a mul- be nonreimbursable.

VerDate Aug 31 2005 02:48 May 08, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.035 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4507 (c) COOPERATIVE AGREEMENTS.—The Sec- water storage and water use efficiency In accordance with the Settlement Agreement, retary shall undertake the study through co- to benefit those served by the waters of H.R. 1025 provides that the cost of the study operative agreements with the State of Kan- the Republican River. will be shared between the Federal Govern- sas or Nebraska and other appropriate enti- I commend Mr. MORAN and Mr. SMITH ment and the States of Kansas and Nebraska. ties determined by the Secretary. As of today, the States have done their part (d) COMPLETION AND REPORT.— for their leadership on this important (1) IN GENERAL.—Except as provided in matter. I urge my colleagues to sup- under the settlement agreement. In fact, my paragraph (2), not later than 3 years after port this legislation. home State of Kansas has already appro- the date of the enactment of this section the Mr. Speaker, I yield 3 minutes to the priated funds for the current fiscal year. I also Secretary of the Interior shall complete the gentleman from Nebraska (Mr. SMITH). understand that Mr. Smith’s State of Nebraska study and transmit to the Congress a report Mr. SMITH of Nebraska. I thank the has done the same. containing the results of the study. gentleman for yielding me time and Mr. Speaker, all that remains is for the Fed- (2) EXTENSION.—If the Secretary deter- bringing this bill forward today. eral Government to meet its obligation under mines that the study cannot be completed Mr. Speaker, H.R. 1025 would author- the settlement agreement. The feasibility study within the 3-year period beginning on the is desperately needed to increase water avail- date of the enactment of this Act, the Sec- ize one of the requirements of the Re- retary— publican River Compact Settlement ability and encourage more efficient water use (A) shall, at the time of that determina- negotiated between the States of Ne- and delivery systems. tion, report to the Congress on the status of braska, Kansas and Colorado and ap- The Lower Republican Basin has a history the study, including an estimate of the date proved by the Supreme Court in 2003. It of periodic droughts and water shortages. The of completion; and is not only necessary to ensure the upper third of the Kansas Bostwick Irrigation (B) complete the study and transmit to the States remain in compliance with this District, which lies above Lovewell Reservoir, Congress a report containing the results of agreement, but to make certain the ag- received limited water allocations in 2003 and the study by not later than that date. no water allocations in 2004 and 2005. (e) SUNSET OF AUTHORITY.—The authority riculture, industrial and domestic use of the water is carried out in the most Producers in the lower two-thirds of the of the Secretary to carry out any provisions Kansas Bostwick Irrigation District have also of this Act shall terminate 10 years after the efficient and effective manner possible. date of the enactment of this Act. The Lower Republican River Basin experienced water shortages since 2003. Study will examine how to better uti- Irrigators in this portion of the District have The SPEAKER pro tempore. Pursu- only received half of the base supply they ant to the rule, the gentlewoman from lize opportunities to increase water storage in the river basin. I am hopeful were supposed to receive. The project facili- California (Mrs. NAPOLITANO) and the ties in the Lower Republican River Basin are gentleman from Colorado (Mr. the results of this study will lead to an increase in water availability while we over 50 years old. Changed hydrological con- LAMBORN) each will control 20 minutes. ditions and aging facilities require better utili- continue to encourage more efficient The Chair recognizes the gentle- zation of limited water supplies. water use. woman from California. Mr. Speaker, the feasibility study authorized As many of you know, especially GENERAL LEAVE by H.R. 1025 is not only necessary to ensure those from the Midwest, the current Mrs. NAPOLITANO. Mr. Speaker, I the states remain in compliance with an inter- water shortage has made this a very ask unanimous consent that all Mem- state compact, but also to ensure the eco- critical issue for my congressional dis- bers may have 5 days to revise and ex- nomic viability of the rural communities that tend their remarks and include extra- trict. So if we can, through this study, rely on delivery of a consistent supply of neous material on the bill under con- allocate more water, allocate water water, and I urge Members to approve this sideration. more effectively, it will help farmers, legislation. The SPEAKER pro tempore. Is there ranchers, municipalities both in Ne- Mr. LAMBORN. Mr. Speaker, I yield objection to the request of the gentle- braska and Kansas in the long term. back the balance of my time. woman from California? I want to thank Mr. RAHALL, Mr. Mrs. NAPOLITANO. Mr. Speaker, I There was no objection. YOUNG, and the Natural Resources yield back the balance of my time. Mrs. NAPOLITANO. Mr. Speaker, I Committee staff for bringing forth this The SPEAKER pro tempore. The yield myself such time as I may con- bill. I appreciate the cooperation on question is on the motion offered by sume. both sides of the aisle. I urge Members the gentlewoman from California (Mrs. The purpose of H.R. 1025, as intro- of Congress to approve this legislation. NAPOLITANO) that the House suspend duced by our colleague from Kansas Mr. MORAN of Kansas. Mr. Speaker, I rise the rules and pass the bill, H.R. 1025. (Mr. MORAN), is to authorize the Sec- in support of H.R. 1025, the Lower Republican The question was taken. retary of the Interior to conduct a fea- River Basin Study Act. I would like to thank The SPEAKER pro tempore. In the sibility study on the Republican River Chairman Rahall and the Resources Com- opinion of the Chair, two-thirds being Basin between Harlan County Lake in mittee for helping to bring this legislation be- in the affirmative, the ayes have it. Nebraska and Milford Lake in Kansas. fore the House today. Mrs. NAPOLITANO. Mr. Speaker, on H.R. 1025 is a cooperative agreement The timing of this legislation is significant, that I demand the yeas and nays. between Nebraska, Kansas, Colorado, not only for farmers in Kansas who have dealt The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- and the Federal Government that calls with successive years of drought and de- ant to clause 8 of rule XX and the for a feasibility study of water re- creased water supplies, but because the re- Chair’s prior announcement, further sources of that river basin. The goal is spective states have already appropriated proceedings on this question will be to find new solutions to provide water funds for the current fiscal year to conduct the postponed. reliability, increase the capacity of the feasibility study authorized by this legislation. current water storage, which is so im- H.R. 1025 is a product of the Republican f portant, and improve water manage- River Compact Settlement. That settlement re- ALASKA WATER RESOURCES ACT ment efficiency. This study is impera- sulted from litigation filed by the State of Kan- OF 2007 tive to the responsible management of sas against the States of Nebraska and Colo- Mrs. NAPOLITANO. Mr. Speaker, I our water supplies. rado in 1998 because required amounts of move to suspend the rules and pass the I urge my colleagues to join me in water were not reaching Kansas under the bill (H.R. 1114) to require the Secretary supporting H.R. 1025. Republican River Compact terms. In 2003, the of the Interior, acting through the Bu- Mr. Speaker, I reserve the balance of Republican River Compact Settlement brought reau of Reclamation and the United my time. that litigation to an end. States Geological Survey, to conduct a Mr. LAMBORN. Mr. Speaker, I yield The Settlement was signed not only by the study on groundwater resources in the myself such time as I may consume. party States, but also administration officials State of Alaska, and for other pur- H.R. 1025, introduced by our col- and was subsequently approved by the United poses. leagues JERRY MORAN and ADRIAN States Supreme Court in 2003. As part of that The Clerk read the title of the bill. SMITH, implements the Republican Settlement, the Parties agreed to have the The text of the bill is as follows: River Compact Settlement as nego- Secretary of the Interior conduct a study to de- H.R. 1114 tiated between the States of Colorado, termine the feasibility of implementing water Be it enacted by the Senate and House of Rep- Nebraska, and Kansas. This legislation supply and conservation projects in the Re- resentatives of the United States of America in serves as the first step to increase publican River Basin below Harlan Reservoir. Congress assembled,

VerDate Aug 31 2005 02:07 May 08, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MY7.022 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4508 CONGRESSIONAL RECORD — HOUSE May 7, 2007 SECTION 1. SHORT TITLE. b 1545 are going to be faced with in this Na- This Act may be cited as the ‘‘Alaska The assessment and evaluation of tion, it is energy now, and we must do Water Resources Act of 2007’’. something. We have to learn how to SEC. 2. DEFINITIONS. current water resources is essential to In this Act: understanding the needs of that com- use water better, how to impound (1) SECRETARY.—The term ‘‘Secretary’’ munity and its environment. H.R. 1114 water, and how to deliver water so we means the Secretary of the Interior. would require the Bureau of Reclama- have that which supports our life, and (2) STATE.—The term ‘‘State’’ means the tion and the USGS to do exactly that, that is water. State of Alaska. to study the water supplies, the water Mr. LAMBORN. Mr. Speaker, I yield SEC. 3. ALASKA WATER RESOURCES STUDY. treatment, and the water distribution back the balance of my time. (a) STUDY.—The Secretary, acting through needs of Alaska. The bill requires the Mrs. NAPOLITANO. Mr. Speaker, I the Commissioner of Reclamation and the couldn’t agree more with Congressman Director of the United States Geological Secretary of Interior to report the findings of this study to Congress no later YOUNG about the importance of water Survey, where appropriate, and in accord- for our country, and I would hope that ance with this Act and other applicable pro- than 2 years after enactment. visions of law, shall conduct a study that in- A study of this magnitude, Mr. we can work in a bipartisan manner to cludes— Speaker, is vital to the proper manage- continue to look at other areas that (1) a survey of accessible water supplies, ment of our most precious natural re- will be in dire need of help, Federal including aquifers, on the Kenai Peninsula source. I do greatly appreciate the hard help, to be able to determine what and in the Municipality of Anchorage, the needs to be done to help them address Matanuska-Susitna Borough, the city of work of Representative YOUNG on this legislation and urge my colleagues to their water concerns, and I thank the Fairbanks, and the Fairbanks Northstar Bor- gentleman. ough; join me in supporting H.R. 1114. Mr. Speaker, I reserve the balance of Mr. Speaker, I yield back the balance (2) a survey of water treatment needs and of my time. technologies, including desalination, appli- my time. The SPEAKER pro tempore. The cable to the water resources of the State; Mr. LAMBORN. Mr. Speaker, I yield and myself such time as I may consume. question is on the motion offered by (3) a review of the need for enhancement of This important legislation intro- the gentlewoman from California (Mrs. the streamflow information collected by the duced by the distinguished ranking NAPOLITANO) that the House suspend United States Geological Survey in the State member of the House Natural Re- the rules and pass the bill, H.R. 1114. relating to critical water needs in areas such The question was taken; and (two- sources Committee, DON YOUNG, will as— thirds being in the affirmative) the help Alaskans through water infra- (A) infrastructure risks to State transpor- rules were suspended and the bill was structure study and development, and tation, passed. improved flood control management. (B) flood forecasting, A motion to reconsider was laid on (C) resource extraction; and Mr. Speaker, I yield such time as he the table. (D) fire management. may consume to the author of the bill (b) REPORT.—Not later than 2 years after and the ranking Republican of the Nat- f the date of the enactment of this Act, the ural Resources Committee, Mr. YOUNG Secretary shall submit to the Committee on SOUTH ORANGE COUNTY RECY- Natural Resources of the House of Rep- of Alaska. CLED WATER ENHANCEMENT resentatives and the Committee on Energy (Mr. YOUNG of Alaska asked and was ACT and Natural Resources of the Senate a report given permission to revise and extend Mrs. NAPOLITANO. Mr. Speaker, I describing the results of the study required his remarks.) move to suspend the rules and pass the by subsection (a). Mr. YOUNG of Alaska. Mr. Speaker, bill (H.R. 1140) to authorize the Sec- SEC. 4. SUNSET. let me thank the chairman of the com- The authority of the Secretary to carry retary, in cooperation with the City of mittee, Mrs. NAPOLITANO from Cali- San Juan Capistrano, California, to out any provisions of this Act shall termi- fornia, for bringing this bill up with nate 10 years after the date of the enactment participate in the design, planning, and Mr. RAHALL. of this Act. construction of an advanced water This bill seeks to expand Alaska’s SEC. 5. AUTHORIZATION OF APPROPRIATIONS. treatment plant facility and recycled water supply system and reduce flood There are authorized to be appropriated water system, and for other purposes. such sums as are necessary to carry out this threats. My State’s combined water The Clerk read the title of the bill. Act. bodies comprise one-third of all the The text of the bill is as follows: The SPEAKER pro tempore. Pursu- fresh water in the United States, but H.R. 1140 communities are struggling to provide ant to the rule, the gentlewoman from Be it enacted by the Senate and House of Rep- California (Mrs. NAPOLITANO) and the drinking water due to the outdated resentatives of the United States of America in gentleman from Colorado (Mr. water distribution system and lack of Congress assembled, LAMBORN) each will control 20 minutes. information on groundwater resources. SECTION 1. SHORT TITLE. The Chair recognizes the gentle- For this reason, this bill will include a This Act may be cited as the ‘‘South Or- woman from California. survey of potential water supplies in ange County Recycled Water Enhancement Act’’. GENERAL LEAVE the City of Anchorage, the Matanuska- Mrs. NAPOLITANO. Mr. Speaker, I Susitna Borough, the City of Fairbanks SEC. 2. PROJECT AUTHORIZATIONS. (a) IN GENERAL.—The Reclamation Waste- ask unanimous consent that all Mem- and Fairbanks Northstar Borough. The bill also improves streamflow in- water and Groundwater Study and Facilities bers may have 5 days to revise and ex- Act (Public Law 102–575, title XVI; 43 U.S.C. tend their remarks and include extra- formation to improve flood forecasting, 390h et seq.) is amended by adding at the end neous material on the bill under con- resource extraction and fire manage- the following: sideration. ment. Streamflow information in the ‘‘SEC. 16xx. SAN JUAN CAPISTRANO RECYCLED The SPEAKER pro tempore. Is there form of USGS streamgaging stations is WATER SYSTEM. objection to the request of the gentle- insufficient in Alaska compared to ‘‘(a) AUTHORIZATION.—The Secretary, in co- woman from California? other States. In fact, Alaska has only operation with the City of San Juan There was no objection. 100 streamgage stations, which is less Capistrano, California, is authorized to par- Mrs. NAPOLITANO. Mr. Speaker, I than 10 percent of the information ticipate in the design, planning, and construction of an advanced water treatment yield myself such time as I may con- available in many other States. This plant facility and recycled water system. sume. bill will help alleviate that situation. ‘‘(b) COST SHARE.—The Federal share of the The purpose of 1114, as introduced by Again, I want to thank Mr. RAHALL cost of the project authorized by this section the ranking member of the Natural Re- and Mrs. NAPOLITANO of California for shall not exceed 25 percent of the total cost sources Committee, the Honorable Rep- bringing this bill, and I urge passage of of the project. resentative DON YOUNG, is to require this legislation. ‘‘(c) LIMITATION.—The Secretary shall not the Secretary of the Interior, through Mr. Speaker, may I say that I am so provide funds for the operation and mainte- the Bureau of Reclamation and the happy today we are talking about nance of the project authorized by this section. United States Geological Survey, to water, water in California, water in ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— conduct a study on groundwater re- Alaska, water in Nebraska. Water is There is authorized to be appropriated to sources in the State of Alaska. going to be our next big crisis that we carry out this section $18,500,000.

VerDate Aug 31 2005 02:07 May 08, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MY7.023 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4509 ‘‘(e) SUNSET.—The authority of the Sec- recycling as an effective water man- Project, which would expand San retary to carry out any provisions of this agement strategy. I note it was left out Clemente’s reclaimed water infrastruc- section shall terminate 10 years after the of Water 2025, and I want to be sure ture by doubling its production capa- date of the enactment of this section. that we continue to push forward for bility. When completed, San ‘‘SEC. 163X. SAN CLEMENTE RECLAIMED WATER that which is very, very helpful to PROJECT. Clemente’s recycled water project will ‘‘(a) AUTHORIZATION.—The Secretary, in co- many communities. reduce the city’s demand of domestic operation with the City of San Clemente, I do urge my colleagues to join me in water by 3,300 acre feet of water per California, is authorized to participate in the supporting 1140. year. I applaud San Clemente Mayor design, planning, and construction of a Mr. Speaker, I reserve the balance of Jim Dahl and the entire city council project to expand reclaimed water distribu- my time. for their entire commitment to water tion, storage and treatment facilities. Mr. LAMBORN. Mr. Speaker, I yield recycling. ‘‘(b) COST SHARE.—The Federal share of the myself such time as I may consume. Again, I want to thank my good cost of the project authorized by this section This legislation, H.R. 1140, intro- friend GRACE NAPOLITANO, our chair- shall not exceed 25 percent of the total cost duced by the distinguished former woman of the Water and Power Sub- of the project. chairman of the Water and Power Sub- ‘‘(c) LIMITATION.—The Secretary shall not committee, for her leadership and sup- committee, KEN CALVERT of California, provide funds for the operation and mainte- port of my legislation. I know she authorizes limited Federal assistance nance of the project authorized by this sec- shares my belief that water recycling for two water recycling projects in tion. is an important tool in addressing southern Orange County. This bill ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— growing water needs in the west. Mr. helps the cities of San Juan Capistrano There is authorized to be appropriated to Speaker, I think it is crucial that we carry out this section $5,000,000 and San Clemente meet their water recognize and assist communities that ‘‘(e) SUNSET.—The authority of the Sec- supply needs, and reduces their depend- are working to reduce their reliance on retary to carry out any provisions of this ence on imported water. imported water, and I urge all col- section shall terminate 10 years after the I commend Representative CALVERT date of the enactment of this section.’’. for his longstanding leadership in help- leagues to support the South Orange (b) CONFORMING AMENDMENTS.—The table ing all of Southern California meet its County Recycled Water Enhancement of sections in section 2 of Public Law 102–575 Act. is amended by inserting after the item relat- future water needs through a combina- tion of water recycling, desalting, con- Mr. LAMBORN. Mr. Speaker, I yield ing to section 163X the following: back the balance of my time. ‘‘Sec. 163X. San Juan Capistrano Recycled servation and water storage. I urge my colleagues to support this bill. Mrs. NAPOLITANO. Mr. Speaker, Water System. first of all, I want to thank staff on ‘‘Sec. 163X. San Clemente Reclaimed Water Mr. Speaker, I yield 3 minutes to the Project.’’. gentleman from California (Mr. CAL- both sides who have been working collaboratively and in a bipartisan man- The SPEAKER pro tempore. Pursu- VERT), the author of the bill. ner. ant to the rule, the gentlewoman from Mr. CALVERT. Mr. Speaker, I want to thank my chairman, Mrs. Water knows no political colors or California (Mrs. NAPOLITANO) and the boundaries. I think we need to work to- gentleman from Colorado (Mr. NAPOLITANO, for the hard work that she has put into all these water bills and gether to be able to ensure that our LAMBORN) each will control 20 minutes. for her desire to make sure that areas economy continues growing, that The Chair recognizes the gentle- water will continue to flow through the woman from California. such as southern California have water for the future. faucets and in the rivers and dams and GENERAL LEAVE The South Orange County Recycled aquifers. Mrs. NAPOLITANO. Mr. Speaker, I Water Enhancement Act is a relatively And along with Mr. LAMBORN, Mr. ask unanimous consent that all Mem- modest yet important step toward Speaker, I want to urge all Members to bers may have 5 days to revise and ex- meeting the long-term water needs for look at their district water needs, and tend their remarks and include extra- the West. Water recycling is an ap- begin to understand it and be able to neous material on the bill under con- proach that more and more commu- work with it so that we can protect the sideration. nities are tapping to meet local and re- rest of the States that are going The SPEAKER pro tempore. Is there gional water demand. To address the through, whether it is droughts or objection to the request of the gentle- continued growth of water users, com- other areas that they need help with. woman from California? munities are truly maximizing the use I certainly want to thank my rank- There was no objection. of every drop of water. ing member, KATHY MCMORRIS, who Mrs. NAPOLITANO. Mr. Speaker, I The South Orange County Recycled isn’t here, but certainly Mr. LAMBORN, yield myself such time as I may con- Water Enhancement Act authorizes who has done a great job. And I want to sume. two water reclamation projects in the thank him specifically, because to Mr. Speaker, the purpose of H.R. 1140, South Orange County portion of my work collaboratively and get these as introduced by my colleague and district. South Orange County relies bills out is critical not only in time but former chair of the subcommittee, Mr. heavily on imported water from in the effect it has on our economy KEN CALVERT, is to authorize the Sec- sources such as the Colorado River and throughout the Nation. retary to participate in the design, the Bay Delta in northern California. Mr. Speaker, I yield back the balance planning and construction of an ad- Water reclamation projects and other of my time. vanced water treatment facility and re- steps which reduce demand for im- The SPEAKER pro tempore. The cycled water system. ported water benefit all regional water question is on the motion offered by The continuing drought and the de- uses. The first project outlined in this the gentlewoman from California (Mrs. crease in snow pack have led to a re- legislation is the San Juan Capistrano NAPOLITANO) that the House suspend duction in water supplies in many recycled water system, which would the rules and pass the bill, H.R. 1140. parts of the West. Water recycling enable the City of San Juan Capistrano The question was taken; and (two- projects can help communities protect to provide recycled water to users thirds being in the affirmative) the against the adverse consequences of throughout the city and its neigh- rules were suspended and the bill was drought. boring communities. To meet the local passed. H.R. 1140 will authorize limited Fed- demand, the City has developed a A motion to reconsider was laid on eral financial assistance for two sepa- project that includes the construction the table. rate water recycling projects in South- of a water treatment facility as well as f ern California. One, beautiful San Juan transmission infrastructure. Capistrano, and the other in great San I want to thank the San Juan PROVIDING FOR CONSIDERATION Clemente. Capistrano Mayor Sam Allevato and OF S. CON RES. 21, CONCURRENT Recycled water can satisfy many the rest of the city council for their RESOLUTION ON THE BUDGET water demands, and the enactment of dedication to this important project. FOR FISCAL YEAR 2008 this bill will continue our efforts to en- The second part of this project is the Mr. MCGOVERN. Mr. Speaker, by di- courage the administration to include San Clemente Reclaimed Water rection of the Committee on Rules, I

VerDate Aug 31 2005 02:07 May 08, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MY7.024 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4510 CONGRESSIONAL RECORD — HOUSE May 7, 2007 call up House Resolution 370 and ask friends are choosing to be obstruction- this past fall, then, by my account, it for its immediate consideration. ists on even the most routine house- took only 3 months for the Democrat The Clerk read the resolution, as fol- keeping measures. They talk a lot candidates to abandon their campaign lows: about civility and comity in the House, promises and an additional 2 months H. RES. 370 but apparently it is just that, talk, be- for Democrats to reiterate their really Resolved, That upon the adoption of this cause their actions point to a very dif- true support for tax-and-spend policies resolution it shall be in order without inter- ferent strategy. again here on the House floor today. vention of any point of order to consider in The new Democratic majority, on the This deeply flawed budget would in- the House the concurrent resolution (S. Con. other hand, is committed to results. crease taxes on almost 8 million tax- Res. 21) setting forth the congressional budg- We were elected to get things done, and payers just in my home State of Texas et for the United States Government for fis- that is exactly what we will do, with or alone. It would collect these taxes by cal year 2008 and including the appropriate without the cooperation of the Repub- allowing the 2001 and 2003 tax relief budgetary levels for fiscal years 2007 and 2009 through 2012. The concurrent resolution lican minority. provided by the Republican Congress to shall be considered as read. An amendment This rule does not block a vote on ap- expire. in the nature of a substitute consisting of proval of the Senate budget resolution, In real terms, for every American the text of House Concurrent Resolution 99, as amended. It does not interfere with taxpayer, this means reducing the as adopted by the House, shall be considered the motion to instruct conferees. It child tax credit for working families so as adopted. All points of order against the simply allows the House to insist on its that the government can collect $27 concurrent resolution, as amended, are version of the budget resolution and to billion more to finance, yes, you’ve got waived. The previous question shall be con- request a conference with the Senate, it, Mr. Speaker, brand-new spending. sidered as ordered on the concurrent resolu- It means reinstating the marriage tion, as amended, to final adoption without nothing more. So let’s pass this rule intervening motion or demand for division of and get the budget resolution into con- penalty and the death tax to collect an the question. If the Senate concurrent reso- ference. additional $104 billion so that the new lution, as amended, is adopted, then it shall Mr. Speaker, I reserve the balance of majority Democrats can kick the can be in order to move that the House insist on my time. further down the road, rather than re- its amendment to the concurrent resolution forming and strengthening our Na- b 1600 and request a conference with the Senate tion’s entitlement programs. thereon. The previous question shall be con- Mr. SESSIONS. Mr. Speaker, I rise And it means completely ignoring sidered as ordered on that motion to adop- today in strong opposition to this rule the alternative minimum tax crisis tion without intervening motion. and the unprecedented tax increase which is projected to hit 23 million The SPEAKER pro tempore. The gen- that the Democrat majority is bringing middle-class families if not dealt with tleman from Massachusetts (Mr. back to the House today. in a responsible manner. MCGOVERN) is recognized for 1 hour. I wish I could report to my col- Mr. Speaker, I believe the voters Mr. MCGOVERN. Mr. Speaker, for leagues that this legislation was im- watching this debate on C–SPAN un- the purpose of debate only, I yield the proved since the last time the House derstand what these tax increases customary 30 minutes to the gen- considered it in March. Unfortunately, mean for them, the economy, and for tleman from Texas (Mr. SESSIONS). All the massive and irresponsible tax in- our ability to compete globally. But time yielded during consideration of crease included in the House version of they may not realize what they mean the rule is for debate only. this budget would still be the largest for the average family of four with I yield myself such time as I may tax increase in American history, $60,000 in earnings. It will mean a tax consume and I ask unanimous consent weighing in at a shocking $392.5 billion increase of 61 percent. It means that a to revise and extend my remarks. I also over the next 5 years. single parent with two children and ask unanimous consent that all Mem- This Democrat budget, which is bal- $30,000 in earnings would see a tax in- bers be given 5 legislative days in anced on the backs of everyday tax- crease of 67 percent. And it means that which to revise and extend their re- payers, would be used to finance bloat- an elderly couple with $40,000 of income marks on House Resolution 370. ed new government spending that will would see their taxes increase by a The SPEAKER pro tempore. Is there grow well above the rate of inflation whopping 156 percent. objection to the request of the gen- through 2012, while also ignoring the Mr. Speaker, you can see the advan- tleman from Massachusetts? brewing entitlement crisis. Around 77 tages of the Republican tax cut and There was no objection. million baby boomers will be retiring what it means to every single middle- Mr. MCGOVERN. Mr. Speaker, H. in the very near future and will begin class American. Res. 370 provides for consideration in collecting Social Security, Medicare, Now, one would think that a hike of the House of S. Con. Res. 21, the Senate and Medicaid. Funding this new spend- almost $400 billion impacting every version of the concurrent budget reso- ing represents the greatest economic American taxpayer would be enough to lution for 2008. It also provides for the challenge of our era, and it is a chal- finance the Democrats’ appetite for big House to insist on the House-passed lenge that the Democrat budget has government. But trust me, it’s just the version of the budget resolution and to chosen to completely ignore, while start. This budget also contains 12 re- request a conference with the Senate. going on its own spending spree else- serve funds or pet initiative IOUs The rule is very simple. It allows the where. which set the stage for more than $115 House to disagree with the Senate In the 32nd Congressional District of billion in higher future spending which budget resolution and request a con- Texas, which I have the honor to rep- would have to be financed by, you ference. It doesn’t interfere with the resent, the Heritage Foundation esti- guessed it, even higher taxes. motion to instruct conferees; it just al- mates that the passage of this budget For the last 4 years, responsible lows the House to go to conference and will cost every single taxpayer an addi- budgets passed by the Republican appoint conferees. tional $2,920 in 2012. It will also mean a Party kept discretionary spending at This rule is necessary, Mr. Speaker, per capita loss of $474 in personal in- or below inflation for all nondefense, because the Republican leadership re- come, as well as 2,389 lost jobs as a re- non-homeland security spending. This fused to agree to the customary unani- sult of a loss of $328 million to the local budget plan brought forward by the mous consent request required to go to economy of the 32nd Congressional Dis- Democrats brings this fiscally dis- conference on a Senate numbered bill. trict of Texas. ciplined tradition to a screeching halt In fact, there is no instance in recent Mr. Speaker, I will insert into the by allowing about $25 billion more in memory where a separate rule has been RECORD this entire document which de- discretionary spending than President adopted to go to conference with the tails the severe negative impact on the Bush or even the spendthrift Senate, Senate on a budget resolution due to passage that this budget will have on for that matter, which asked for about the objection of a unanimous consent every single taxpayer from every single $7 billion less than the House. request. district across the country. Thankfully, it’s not too late to stop Mr. Speaker, I am having a hard time Mr. Speaker, if fiscal discipline is this fiscal train wreck. By voting figuring out why my Republican what the Democrats promised voters against this rule, every Member of this

VerDate Aug 31 2005 02:07 May 08, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.046 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4511 body can demonstrate their opposition lating an amount of national debt, add- Senate resolution includes a pay-as- to the Federal largesse included in this ing $2.8 trillion to our Federal debt you-go rule of its own. budget, as well as their opposition to burden since 2001. There are a number of initiatives, it’s the largest tax increase in American Now, to make matters worse, most of true, in this bill. A number of new ini- history. that debt has been purchased by for- tiatives. One is the Children’s Health Without the meaningful tax relief eign investors, making the U.S. econ- Insurance Initiative, but none of these passed by this recent Republican Con- omy more vulnerable to economic and initiatives, including CHIP, will be un- gress, our economy would not have political instability and political pres- dertaken, none of them will be under- seen the massive job growth with 7.6 sure from abroad. taken unless there are offsetting reve- million new jobs created for American So for anyone to get up here and to nues or offsetting expenses to make workers and tremendous economic brag about the Republican record on them budget neutral so they do not growth of 3.5 percent per year that has fiscal matters, I think, to me, defies have any impact on the bottom line. our economy growing at the highest comprehension. The record is clear. This budget resolution and the Sen- rate and has done so over the last 15 You have messed up the economy of ate resolution both contain program quarters. this country in terms of this incredible integrity measures requested by the Mr. Speaker, I encourage all of my debt that we have now put on the backs President, augmented by us in our colleagues to stand up for fiscal dis- of our kids and our grandkids and our budget resolution to crack down on cipline, economic growth, and respon- great grandkids. What the Democratic wasteful spending. We’re proud of that. sible budgeting by opposing this rule budget is trying to do is restore some We want to see that money appro- and the underlying tax increase. fiscal discipline, pay-as-you-go, and to priated. We want to see some that Mr. Speaker, I reserve the balance of get this country back on the right could be saved on wasteful sending. my time. course. Both budgets, and let me emphasize Mr. MCGOVERN. Mr. Speaker, if I Having said that, Mr. Speaker, I’d this, both budgets support middle-in- could respond to the gentleman from like to yield 8 minutes to the distin- come tax relief. We’ll say it again and Texas, I don’t know what he’s talking guished gentleman from South Caro- again and again. It bears repeating be- about. The fact of the matter is that lina, the chairman of the House Budget cause it’s absolutely true. The House budget resolution sites in the Democratic budget resolution does Committee, Mr. SPRATT. not contain a single tax increase. Pe- (Mr. SPRATT asked and was given its text income tax cuts that were passed in 2001 and 2003, and it supports, riod. The Concord Coalition stated that permission to revise and extend his re- not in one place, but two, wholesomely the budget resolution does not call for marks.) supports the extension and renewal of or require a tax increase. The Center Mr. SPRATT. Mr. Speaker, this rule those tax cuts past 2010, when they will on Budget and Policy Priorities said simply makes in order a motion to go all expire. to conference on the House and Senate the House plan does not include a tax Now, let me make something clear. budget resolution. That’s all it does. increase. The Hamilton Project of the This budget resolution for the next 4 The budget resolution, in turn, Brookings Institute says the budget years does not take a thing away from frames all that we will do in fiscal year would not raise taxes. any taxpayer. The tax cuts passed in 2008, next year; and it helps keep the Mr. Speaker, I sat on the Budget 2001 and 2003 remain unaffected, remain process fiscally disciplined as we move Committee. I had the honor of serving standing and in place. under Chairman SPRATT. And I would forward. Usually, this procedure is ac- In addition, let me make clear that say to the gentleman from Texas, if he companied by, expedited by, unani- when the tax cuts adopted in 2001 and reads the budget resolution, it actually mous consent. In this case, we couldn’t 2003 expire at the end of 2010, it’s by de- supports the renewal of the middle- be assured of unanimous consent, so we sign. That’s the way you wrote the res- class income tax cut. are, instead, moving forward with the olution. That’s the way you wrote the Section 401 of the budget resolution rule. bill that passed it. And we do not pro- commits the budget to the support of Now, naturally, we in the House pose anything here in this bill about the middle-class tax cuts passed in 2001 think that the House-passed budget is not renewing those tax cuts when they and 2003, including the child tax credit, a better expression of our goals. But come up. We simply say that’s a bridge the marriage penalty relief, the 10 per- both resolutions to be resolved in con- we will cross when we get to it. cent individual income tax bracket, es- ference, both are Democratic products, But in the Senate, Senator BAUCUS tate tax reform, research and develop- and we think both are vastly better, has offered an amendment that will re- ment tax credit, and the deduction of far better budgets than the Repub- quire a vote before the year 2010 to State and local sales taxes. licans offered this year or last year, for renew those middle-income tax cuts Section 203 of the budget resolution that matter. It’s a matter of record. that sunset in the year 2010. The Bau- clearly provides a reserve fund for the Last year the Republicans failed to cus amendment limits these tax cuts to extension of those tax cuts so long as pass a concurrent budget resolution. $180 billion in annual revenue reduc- the legislation complies with the House They couldn’t get the two Houses to- tion, the amount of the surplus that is pay-as-you-go rule. gether. anticipated in 2012 in the budget reso- Now, the gentleman from Texas gets When we came back here in Novem- lution. up here and brags about the fiscal ber, we had to finish up the unfinished record of the Republicans in the Con- work. Only 2 of 11 appropriations bills b 1615 gress. Well, the American people, I were passed, partly because they didn’t In the meantime, let me say again, think, saw through the misplaced pri- have the framework of a budget resolu- all the tax cuts passed in 2001 and 2003 orities of the Republican Congresses, as tion in which to proceed. were provided for, allowed and in place evidenced by the results of the Novem- Just weeks ago, we had the Repub- under this budget resolution. It is com- ber election. lican budget on the House floor. It fell pletely specious to say that we have But so there is no misunderstanding, 60 votes short of a majority, way be- raised taxes by one dime. Completely let me make it very clear to everybody hind. So unless we do what we are specious. who is watching. We need to correct doing today, we are going to find our- If you don’t believe, let me say once the fiscal course of the country because selves shortly in the same situation we again or let me show you in writing the fiscal outlook that we are con- were last fall when the work was un- what Mr. MCGOVERN just introduced. fronting has deteriorated dramatically done at the end of the year. Here is the Concord Coalition. Nobody over the past 6 years because of the Re- Both budgets, both the House and the would dispute their bona fides or their publicans misplaced priorities. Senate budgets, have this goal. Both unpartisan character. Here is how they In 2001, the Bush administration in- budgets are designed to bring the budg- sum up their analysis of our budget herited a projected 10-year budget sur- et back to balance by the year 2012. resolution: ‘‘Thus to be clear, the budg- plus of $5.6 trillion. That’s $5.6 trillion. The House resolution carries forward, et resolution does not call for or re- Within 2 years, that surplus was gone, I’m proud to say, carries forward our quire a tax increase.’’ That is the Con- and the United States began accumu- commitment to pay-as-you-go. And the cord Coalition.

VerDate Aug 31 2005 04:18 May 08, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.048 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4512 CONGRESSIONAL RECORD — HOUSE May 7, 2007 Next is the Brookings Institution, setts is trying to have it both ways: ranking member from the Budget Com- Hamilton Project: ‘‘This budget would We’re going to balance the budget; mittee, the gentleman from Wisconsin not raise taxes.’’ An independent we’re not going to cut taxes. We’re (Mr. RYAN). group, no axes to grind. That is their going to balance the budget; we’re not Mr. RYAN of Wisconsin. I thank the opinion. going to cut taxes. But, in fact, what gentleman for yielding, and I want to And, finally, the Center on Budget happens is this budget relies on every echo the point he made. and Policy Priorities: ‘‘This claim is single tax cut going away so that they Our chairman, the distinguished gen- incorrect. The House plan does not in- can then say they balance the budget, tleman from South Carolina, came to clude a single tax increase.’’ but the fact of the matter is that they the floor and accurately said both Those are three outside organizations do not even address the biggest issues budgets, the Senate budget resolution with no axes to grind. They looked at and the problems that face the Nation. and the House-passed budget resolu- our resolution. That is the judgment He is correct. The gentleman from tion, balance the budget. That is cor- they rendered on it. Massachusetts is correct. Republicans rect. They do. It is certified by the Now, let me move on to say that both did produce a balanced budget as a re- Congressional Budget Office. There is the House and Senate budget resolu- sult of cutting taxes and fiscal dis- only one reason and way and method tions meet the President’s request for cipline in 1997, 1998, 1999, 2000. And in how they balance the budget, though, national defense. They protect our 2001, the day America was attacked, we Mr. Speaker: by raising taxes. country, and they exceed the Presi- had a balanced budget. He is absolutely The House-passed budget resolution dent’s request for veterans’ health correct. Since that time, we have not relies upon, requires, in fact, makes care. Funding for veterans’ health care had a balanced budget. One million sure that it passes the largest tax in- in our resolution is 6 billion bucks, $6 jobs were lost within 1 month after 9/11, crease in American history in order to billion, above the 2007 level and more 2001. And so as a result of that, Repub- balance the budget. The Senate-passed than $3 billion above the President’s licans decided that in order for us to budget resolution relies upon, requires request. gain financial advantage, that we and ensures that the second largest tax Both budgets are also designed to re- would have tax cuts. increase in American history be en- duce the deficit and bring the budget It is true that, as a result of rules in acted on the American people, on the back to balance, as I said earlier. That the Senate, the other body, that we American taxpayers, in order to will decrease our reliance on foreigners could not make these tax cuts perma- achieve balance. who buy our debt. Since 2001, foreign nent. It is also true that every single I have two major concerns with this ownership of Treasury bonds has more year since that period of time that Re- budget resolution, Mr. Speaker. Num- than doubled to $2.2 trillion, making publicans have asked Democrats, ber one, it is very bad economic policy. our economy vulnerable to global mar- please make every single one of these And number two, it is an enormous kets and the whims of foreign inves- tax cuts permanent, well, that’s like missed opportunity. tors. light to a vampire. Absolutely no, not Why is this budget resolution bad If I could see this chart next to show for the Democrats, because they’re op- economic policy? Inflicting the largest you the total debt accumulation under posed to the tax cuts. They’re on tax increase in American history on this administration. On the back of an record of opposing the tax cuts. And the American family, business, entre- envelope, this shows you what we are today they come to the floor, oh, we’re preneur, on American taxpayers, is bad about, what we want to avoid. When not taking away any of the tax cuts. Of economic policy. And here is why: this administration came to office, the course they are. Because if they didn’t, Back in 2001, where we realized we had national debt was $5.7 trillion. In the they couldn’t then ‘‘balance the budg- 9/11, and in 2003, where we realized we last 6 years, they have added 60 percent et’’ that they have on the floor today. had a recession, with the dot-com bub- to that sum, $3.1 trillion in additional That is exactly what they are doing. ble burst, with Enron scandals, we had debt. And as a consequence, the na- Second point, Social Security, as a job losses to the tune where we were tional debt stands at $8.8 trillion. This result of our growing economy, every losing about 124,000 jobs a month. We is what Republicans have produced. single new worker that comes in, So- had to act quickly to get people back This isn’t about claiming or argu- cial Security has to add to its deficit to work, so we cut taxes across the mentation or anything else. This is a the amount of money that is owed to board. We cut taxes on entrepreneurs, matter of record. You can look it up, Social Security every time we get a on families, on workers, on businesses, from $5.7 to $8.8 trillion. new worker, and that is more than half Finally, this budget resolution main- of this deficit. It’s an accounting gim- on capital. What happened: 7.6 million tains the priorities that we Democrats mick because what happens is that So- new jobs were created since then. We stand for and are proud of. We put fam- cial Security accounts for what they have been creating on average over ilies first. We put children first by in- have to have as an unfunded liability 200,000 jobs a month since then. The vesting in health care; child care; edu- out for 50 years. stock market turned around. The sav- cation; Head Start; and as I said ear- So to talk about the irresponsibility, ings portfolios of senior citizens which lier, tax relief to middle-income fami- I will take part of the blame. But grow- were eviscerated in the market crash lies. Both budgets, both budgets, plan ing this economy, having increased tax came back. The Dow hit 13,000 last huge steps, and this is one of the great revenue, having the greatest single week, an all-time high. We saw busi- initiatives we hope to achieve in this economy we have ever had, more peo- ness investment, from negative decline Congress, huge steps to expand the ple than ever living in homes, their after negative decline for 11 consecu- State Children’s Health Insurance Pro- own homes and our challenging the tive quarters, turn around and hit all- gram so that it covers most of the 9 Democrat minority and now majority time highs. More jobs were created. million children without health insur- to say, why don’t we get on with the And what happened at these lower tax ance in this country, and we propose to real things that are important like rates? Revenues came into the Federal do that with offsets so that there will worrying about Medicare and Med- Government at a much, much faster not be a dime of the cost of that added icaid? Nothing. Why don’t we make pace, at about a 25-year high. So we to the bottom line. sure that families do not have to pay saw more revenues coming into the In summary, Mr. Speaker, in short, after-tax dollars for health care? Si- Federal Government, which actually this rule will make in order the steps lence. Silence from our Democrat ma- brought the deficit down at these lower necessary to send our budget resolu- jority. tax rates. tion to conference so that they can The new Democrats want to tax and What this budget resolution does is it move us forward on a fiscally respon- spend. That’s what they’ve always been puts that economic recovery plan in sible, fiscally disciplined path. about. That’s what they’re about on jeopardy. By raising taxes on people I urge support for this resolution so the floor of the House of Representa- and businesses and entrepreneurs, you that we can move forward with the tives today. And they’re trying to get are reducing job growth in America. budget process. it both ways. You are raising the cost of capital. Mr. SESSIONS. Mr. Speaker, my Mr. Speaker, I would like to yield We have a problem, Mr. Speaker, and wonderful colleague from Massachu- such time as he may consume to the that is we live in the era of

VerDate Aug 31 2005 02:21 May 08, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.051 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4513 globalization. The oceans no longer temporary. The only way to get this at that time you will have to tax 40 separate our economy from the rest of tax relief to the American economy, to percent of GDP, 40 percent of the na- the world. Ninety-five percent of the the American people, to get out of the tional economy just to pay for that world’s consumers don’t live in this job loss, to get out of the recession, government because of three entitle- country. They are overseas. was this temporary tax policy because ment programs. So, Mr. Speaker, we have got to wake of the Democrat-led filibuster by then You can’t compete with China and up. Wake up to the fact that we have Senator Daschle at the time in the India by taxing our economy at 40 per- real competitive pressures. Countries Senate. That’s why there’s a sunset in cent, let alone Germany and Japan. like China and India, let alone Japan this law. You can’t prepare for globalization. and Europe, are giving us real competi- We always kind of wondered at the You can’t help people get careers for tive pressures, real competitive chal- time, why would they stand in the way tomorrow and enjoy higher standards lenges. And when we go back to the old of the taxpayer and make these tax of living if we don’t address our entitle- adage of taxing, taxing and taxing, cuts temporary? Why would they insist ments right now. what we are going to do is tax more upon these sunsets? Well, now we know That is the biggest travesty of this and more jobs overseas to these other why. Because it is how they balance bill, Mr. Speaker. This bill says we will countries. By taxing our economy and the budget because they plan on, bank do absolutely nothing, nada, zilch, our businesses and our workers more for, certify, require, rely on these tax nothing at all either in the Senate and more than our competitors tax cuts going away. budget resolution or the House budget theirs, you know what happens? They The second reason I think this is a resolution to attack and reform enti- get our jobs. That is a mistake. That is bad policy is it is an enormous missed tlement programs, to attack this prob- wrong. opportunity, Mr. Speaker. The gen- lem for 5 years. This budget says let’s America taxes capital more than any tleman from South Carolina, who real- do nothing to fix our entitlement pro- other industrialized country in the ly is a gentleman from South Carolina, grams for 5 years. That means we ac- world except for one, Japan, and they and I mean that sincerely, had a lot of celerate and exacerbate the bank- just finished two decades of recession. good hearings in the Budget Com- ruptcy of Social Security, of Medicare, So it is really bad economic policy to mittee. We have had a few in Ways and of Medicaid. How is that helping senior have all these tax increases. Means as well. We had all these experts citizens if we push these programs fast- You just heard the gentleman from coming to us from the left and from er toward bankruptcy? I think that’s Massachusetts talk about the reserve the right, from think tanks on the left wrong. I think we need to fix these programs so seniors can better rely on funds they have in this budget. They side of the aisle and think tanks on the these programs. really want to make sure that they right side of the aisle, we had the Con- And you know what, Mr. Speaker? In don’t raise these taxes. So they put a gressional Budget Office, the Federal reserve fund in the budget. And the re- Wisconsin we say this a lot, and I think Reserve Chairman, the Treasury De- people say it around the country, and serve fund basically says, we don’t partment coming to us, all saying the want to raise these taxes; we would prior generations always told this to same thing: Entitlements are growing me, my parents and my grandparents, like to come up and pay for them, but out of control. The entitlement pro- our money is not there. they said, the thing about America, gram problem is enormous. We are dou- what’s beautiful about America is that A budget is basically a page full of bling the amount of retirees in this numbers, and numbers don’t lie. The one generation works hard and leaves country within one generation; yet we to the next generation a country that’s numbers in this budget require these are only increasing the amount of taxes to go up, require these taxes to better off. The dream of parents is to workers coming in behind them by 17 leave your children with a country sunset; otherwise, they don’t balance percent. the budget. that’s better off so you can enjoy a You can’t have it both ways. You b 1630 higher standard of living. That is the can’t balance the budget on the left We have an enormous unfunded li- beautiful legacy of America. Mr. Speaker, we are at risk of sev- hand and then say we are not raising ability, about $49 trillion. It’s a mind- ering that legacy. If we don’t address taxes on the right hand. It is one or the boggling number. But when you take these entitlements, if we simply go the other. So regardless of how many three entitlements, Medicare, Medicaid old easy Washington route of simply empty promise reserve funds you have and Social Security, those three enti- raising taxes and raising spending and in a budget resolution, the numbers tlements right there, Mr. Speaker, will doing nothing to address this entitle- don’t lie, and the numbers say these consume 100 percent of the Federal ment problem, we will really run the taxes are being raised. budget by the time my children are my risk of severing that legacy and giving Now, as to the point that the sunset age. our children a lower standard of living was put in by the Republicans, not by So all these experts came to us and than that which we enjoy today. the Democrats, and we are simply let- said, Do something. You’re the Budget We have new competitive pressures ting this Republican policy manifest Committee, you’ve got to do something from other countries unlike any we itself, and we are budgeting for it, that to control the growth of entitlements. have seen before. Raising taxes on fam- is not quite true, Mr. Speaker. And I It’s going to bankrupt America. And if ilies and workers will not bring more remember being a member of the Ways we don’t do anything, if we keep the prosperity to America. It will give jobs and Means Committee and working on government we have today and do to other countries. Doing nothing to the conference committee at this time. nothing to reform entitlements, by the attack the entitlement problem in this When these tax cuts went through the time my children are my age, they will country will only ensure that an un- Ways and Means Committee in the literally have to pay double the precedented mountain of debt is be- House, when these tax cuts passed the amount of taxes for that Federal Gov- fallen onto our children and our grand- House floor, they were permanent. ernment at that time. children, and they are going to have to They never had a sunset in them. What Let me say it one other way, Mr. pay far higher taxes than any Amer- happened? This arcane rule in the Sen- Speaker. Since about 1960, Washington ican has ever paid in the past. ate called the Byrd rule was put in has funded the Federal Government by This, Mr. Speaker, is why I say vote place. And the Byrd rule said for these taxing the U.S. economy by about 18 against this rule and vote against this tax cuts to be permanent, it needs 60 percent of the economy. About 18 per- budget resolution, which includes and votes in the Senate. What happened? cent of the gross domestic product has relies on the largest tax increase in We had 52 Republicans voting to make been required to pay for the Federal American history and the biggest them permanent; no Democrats would Government. It’s been remarkably con- missed opportunity by doing nothing vote to make these tax cuts perma- sistent. Now, if you take today’s gov- to reform entitlements over the next 5 nent. So the Democrats filibustered ernment, add no new programs, take years. making these tax cuts permanent, and none away, and transfer that out to This could have been a bipartisan op- because of the Democrat filibuster in about 2040 when my kids are my age, portunity to fix these problems. Sadly, the Senate, these tax cuts were made just to keep today’s government afloat it’s not.

VerDate Aug 31 2005 02:21 May 08, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.053 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4514 CONGRESSIONAL RECORD — HOUSE May 7, 2007 Mr. MCGOVERN. Mr. Speaker, just Mr. SPRATT. I would say to my The 1997 bill that President Clinton because my colleagues on the Repub- friend, the gentleman from Wisconsin, passed through on a bipartisan basis lican side say that the Democratic and I mean that compliment, I return was reconciliation. budget raises taxes doesn’t mean it’s the compliment, that I nevertheless Mr. SPRATT. If I could reclaim my true. Let me repeat that so no one vigorously disagree with some of the time, it takes a bigger forum than the misses this point. The budget resolu- points you just made. Budget Committee provides. It takes tion that we are talking about does not Facts are stubborn things, and the more participants than just the Con- contain a single tax increase. That is a fact of the matter is that during the gress. Everybody has got to be a player fact. Sometimes facts are a stubborn Clinton years, on average 237,000 jobs in this game to make it happen in a thing, but that is the fact. And the Re- were created every month over an 8- significant way because it has got to publican spin machine can say what- year period of time. The Bush record is involve, as you and I know, systemic ever it wants; but the fact of the mat- half that amount, if that. During the change. No question about it. ter is, and I repeat, this budget resolu- past month, you’re leading with your And, finally, PAYGO. We are proud of tion does not increase any taxes. left making that point at this point in the fact that we adopted the PAYGO Secondly, I appreciate the fact that time because during the past month rule in 1991, and it contributed signifi- the gentleman from Texas was waxing job growth was just 88,000 jobs. cantly to the fact that over a period of nostalgic about the Clinton years when Secondly, with respect to Medicare, 8 years during the Clinton administra- President Bill Clinton was the Presi- we know that Medicare has to be dealt tion the bottom line of the budget got dent of the United States and we were with, but you know as well as I that better every year for 8 straight years getting our fiscal house in order. But this is not the forum. We need a much to the point where we had a surplus of what I was talking about was what bigger group. We need the administra- $236 billion under the Clinton adminis- happened when President Bush became tion involved in the process. It is a tration resulting in part from the Bal- President and we had Republicans in very difficult undertaking to make the anced Budget Act of 1993 and 1997. $236 the White House and in the Congress, systemic changes that are necessary. billion we handed over to President and that is when we saw the sky- And before we commence those nego- Bush. By the year 2004, between 2001 rocketing of our Federal debt. tiations, we need to do what President and 2004, we went from a surplus of $236 You know, budgets do reflect the pri- Clinton required in 1997, everybody billion to a deficit of $412 billion. That orities of a nation. And one of the rea- happened on your watch. The Repub- sons that I think people decided to vote needs to put some ante on the table. Everybody’s got to have some skin in licans controlled the House, they con- for change in the last election is be- trolled the Senate, they controlled the cause they did not appreciate the prior- this game to be a player in this process of trying to diminish the cost of the White House. There is no way you can ities that were put forth by the pre- escape responsibility for what hap- vious Republican Congresses. They did health care entitlements to the United States. It has to be done, but this is pened in those circumstances. not appreciate our veterans being Mr. RYAN of Wisconsin. Will the not the correct forum for doing it. shortchanged; they did not appreciate chairman yield for an additional ques- The gentleman’s budget resolution, I the most vulnerable in our country tion? being shortchanged. If anyone has any believe, cuts Medicare by $250 billion. Mr. SPRATT. I yield to the gen- Mr. RYAN of Wisconsin. Mr. Speaker, questions about whether or not we tleman. were adequately funding veterans will the gentleman yield? Mr. RYAN of Wisconsin. Why doesn’t health, just recall the recent scandals Mr. SPRATT. I yield to the gen- the gentleman’s PAYGO apply to dis- of Walter Reed and at so many other of tleman from Wisconsin. cretionary spending? Why doesn’t the our veteran hospitals all across the Mr. RYAN of Wisconsin. No. It in- gentleman’s PAYGO apply to current country. You know, we voted in this creased Medicare spending. It just Federal spending? Congress to send our young men and didn’t increase it as fast as it is pro- Mr. SPRATT. PAYGO is never ap- women into war. The least we can do is jected to grow at this time. plied to discretionary spending. It to make sure that the necessary fund- Mr. SPRATT. Well, the President’s would be very difficult at this time to ing is there to take care of them when budget cut Medicare by $252 billion do it when every year we have an end they return, and the Democratic budg- over a 10-year period of time and cut run around discretionary budget with et does that. Medicaid by 50 to $60 billion over the the President’s supplementals for Iraq Let me also say for the record, Mr. same 10-year period of time. and Afghanistan. It would be very dif- Speaker, that notwithstanding all of Mr. RYAN of Wisconsin. Will the gen- ficult to cap discretionary. the flowery language that we’ve heard tleman yield for a question? Your party, on its watch, allowed from the other side, it is important to Mr. SPRATT. Those numbers are cor- PAYGO discretionary spending caps, remember that in the last 6 years pov- rect, are they not? all of those constraints in 1990, to ex- erty has gotten worse in America. Mr. RYAN of Wisconsin. The Presi- pire and did not renew them. The main There are more people today than 6 dent’s numbers on the 10-year? I think reason you didn’t was you knew if we years ago that need to rely on food they are probably correct; I have no had a double-edge PAYGO applicable to stamps and other government pro- reason to dispute them. But remember, tax cuts as well as mandatory in- grams just to get by. Medicare spending goes up every year creases, you would be unable to pass So these fiscal policies that have re- and thereon after under either of these additional tax cuts as part of your sulted in skyrocketing debt, that have budgets. agenda. resulted in foreign countries like China Mr. SPRATT. Well, I can only sur- Mr. RYAN of Wisconsin. May I make purchasing our debt, I don’t know how mise what happened to your budget an entreaty to the chairman? that serves our national interest, have resolution. One reason it didn’t muster, Mr. SPRATT. Yes, sir. not produced this incredible economic besides the fact that you lost 40 votes, Mr. RYAN of Wisconsin. I would love boom that we’re hearing today. And I as you recall, is I am sure there are to work on a bipartisan basis to put would encourage my colleagues to look certain Republicans on your side of the discretionary caps in place. I would be at the statistics, to look at the facts, aisle who did not want to vote for delighted to work with the chairman of to talk to some of the people who have those massive cuts emasculating Medi- the Budget Committee to put discre- gone from being in the middle class, care and Medicaid. tionary spending caps in place. Is that who have now fallen below the poverty Mr. RYAN of Wisconsin. The ques- something that you would be willing to line. There are far too many people tion I have for the chairman is, if we’re work with us on? that have done that, and what we are not going to fix these entitlements in Mr. SPRATT. We’ll talk about it. If trying to do is to make sure that there the budget, then where are we going to we’ve got a forum, the Budget Com- is opportunity for everyone. fix them? If we don’t put it in the Fed- mittee, once we’ve got this budget res- At this point, Mr. Speaker, I would eral budget, then how do you get it olution behind us, and that is the order like to yield 5 minutes to the distin- done? If you don’t have reconciliation of the day, there are lots of things guished chairman of the Budget Com- protection to do entitlement reform, along those lines that we can explore, mittee, Mr. SPRATT. then when are you ever going to do it? and we will.

VerDate Aug 31 2005 02:21 May 08, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.055 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4515 Let me conclude by saying everybody is they assume the tax relief goes tion will see their taxes double. There should vote for this budget resolution away, and thus it imposes the single is nothing fiscally responsible about if they want to see an orderly, fiscally largest tax increase in American his- doubling taxes on the next generation, responsible, disciplined process in the tory. nothing fiscally responsible about tak- next fiscal year. Now, I have heard our chairman and ing their dreams away. Mr. SESSIONS. Mr. Speaker, I would other people from this side of the aisle, Mr. Speaker, we must defeat this rule like to take just a second and highlight different colleagues get up and say, and defeat this budget. Again, Mr. the admiration that this House has for well, we’re not really raising taxes on Speaker, I don’t understand why you the two gentlemen who have just been the American people, we’re just letting would avoid dealing with the number speaking. The gentleman, Mr. SPRATT, the tax relief expire. one fiscal challenge in the Nation. I know the chairman, the gentleman and the gentleman, Mr. RYAN, have b 1645 conducted themselves despite tough from South Carolina, said this isn’t the differences, and I applaud both of them, But if you make the same paycheck place to do it. Well, I will ask a ques- in particular my good friend from last year that you made this year and tion that was asked by a very famous South Carolina (Mr. SPRATT) for the your tax bill is higher, that is going to President: If not us, who? If not now, conduct that he has on this floor. be a distinction that is lost on the when? Now back to the real issues. American people. I am curious as to what advantage we Mr. Speaker, the bottom line is the Is it letting tax relief expire if it is a have by somehow kicking this can Republican minority is here on the tax increase? I have to tell you, if the down the road to some other body or to floor of the House today opposing this people in the Fifth Congressional Dis- some other bill or to some other insti- bill. We are opposing this resolution trict of Texas have to pay a larger tax tution. At least in the last two Repub- because we do not believe that this bill, they call it a tax increase, and the lican Congresses, we had two budgets properly talks about the future of this sooner that we in this body recognize in a row from the House, from the country for entitlement spending, rais- that fact, the better off America will House, that actually made steps to- ing taxes and not being responsible for be. Under the Democrat’s budget reso- ward reforming entitlement spending. the future opportunity for America to lution, the average family, the average Now, it is a huge challenge, I admit, compete. family in Texas will have a $2,700 a but every year we avoid it. In Social So we, once again, continue our oppo- year tax increased phased in over 5 Security alone, we run up an extra $400 sition to the process that is happening years. billion of debt, of unfunded obligations today, as well as the underlying legis- Something else we need to remem- to pass on to the next generation. And lation. ber, Mr. Speaker, is that every time yet the Democrats turn their back on At this time, Mr. Speaker, I would you are taking money away from the this once again. That is another reason like to yield 5 minutes to the gen- American family to plus-up some Fed- to defeat this. tleman from the Fifth Congressional eral budget category, you are having to Mr. MCGOVERN. Mr. Speaker, let me District of Texas (Mr. HENSARLING). subtract from some family budget cat- just repeat for the record that section Mr. HENSARLING. I thank the gen- egory; $2,700 a year is a lot of money to 401 of the budget resolution commits tleman for yielding. Texas families. How many families can the budget to support the middle-class Mr. Speaker, I rise today in opposi- no longer send a child to college be- income tax cuts passed in 2001 and 2003, tion to this rule and to this underlying cause of the single largest tax increase including the child tax credit, mar- resolution. in American history that the Demo- riage penalty relief, the 10 percent in- I have listened to my chairman care- crats are trying to impose upon us? dividual income tax bracket, estate tax fully, the gentleman from South Caro- How many American families will not reform, research and development tax lina, and I wish to add my respect be able to find their American dream, credit, and the deduction of State and along with that of the gentleman, to put together their savings and in- local sales taxes. ranking member from Wisconsin. He vest in that first small business be- Section 203 of the budget resolution conducts our committee in a very fair- cause the Democrats are imposing the clearly provides a reserve fund for the minded manner, and I appreciate and single largest tax increase in American extension of those tax cuts so long as respect him for that. And I take him at history? How many families will no the legislation complies with the House his word when he says that he believes longer be able to afford their pay-as-you-go rule. that he is putting forth on this floor a healthcare premiums because the I would simply say to my colleagues fiscally responsible budget. But, Mr. Democrats are imposing the single that under their watch, that many Speaker, there is a distinct difference largest tax increase in American his- middle-class taxpayers actually saw in our philosophies. How you look the tory? $2,700 a year. their taxes go up, because when the American people in the eye and impose First, the working poor under this Federal Government cut essential pro- upon them the single largest tax in- plan would have their taxes increased grams to States and cities and towns, crease in American history and call 50 percent, from the 10 percent bracket people saw their property taxes go that fiscally responsible is simply be- to the 15 percent bracket. The child tax through the roof. yond me. Our chairman has a different credit would be cut in half. The death I think one can make an argument definition. tax would come up to where Uncle Sam that people are paying far too high gas Now, I believe that what we need to could take as much as 55 percent of prices right now because of the years do is try to help protect the family your estate. that were squandered under the Repub- budget from the Federal budget. Al- Mr. Speaker, as bad as this budget is lican leadership, emboldened to the oil ready, Mr. Speaker, we are awash in for what it does, it is even worse for industry and refusing to invest ade- Federal tax revenues. And we’ve heard what it doesn’t do, because I know the quately in alternative sources of en- the gentleman from South Carolina chairman presided over the hearings ergy. and many other people from this side that I attended with the Federal Re- Mr. Speaker, I would simply say that of the aisle extol the virtues of their serve Chairman, with the head of OMB, this is a good budget, and I would urge balanced budget. Okay. If they have a with the Secretary of the Treasury, my colleagues on both sides of the aisle balanced budget, did they cut spending with CBO, who all said the same thing: to support the rule and support the to get there? No. There is only one The single largest fiscal challenge in budget. other option, and that is that they in- this Nation is out of control entitle- Mr. Speaker, if I could inquire how crease taxes. ment spending, and this budget is much time is remaining. And don’t take my word for it, Mr. stone-cold silent on that number one The SPEAKER pro tempore. The gen- Speaker. Go, for example, to the Wash- challenge. tleman from Massachusetts has 71⁄2 ington Post, not exactly a bastion of As bad as the tax imposition is going minutes remaining. The gentleman conservative thought in our Nation. to be on this generation, if we don’t from Texas has 1 minute remaining. They have said that the only way the act, if we kick the can down the road, Mr. MCGOVERN. Mr. Speaker, I re- Democrat budget will achieve balance if we avoid leadership, the next genera- serve the balance of my time.

VerDate Aug 31 2005 02:21 May 08, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.056 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4516 CONGRESSIONAL RECORD — HOUSE May 7, 2007 Mr. SESSIONS. Mr. Speaker, we are Mr. SESSIONS. Mr. Speaker, on that treatment services, security staffing, and su- opposed to this bill. The first thing this I demand the yeas and nays. pervision with respect to residents of the is going to do is provide for higher The yeas and nays were ordered. housing project. The Secretary shall give taxes, $392 billion worth of new taxes The SPEAKER pro tempore. Pursu- preference to entering into such a lease with a qualified organization which has the most between now and 2012. Secondly, this ant to clause 8 of rule XX, further pro- experience nationwide in providing housing budget outspends inflation. It out- ceedings on this question are post- and treatment for homeless veterans. spends inflation moving forward that poned. (d) EXCEPTIONS.—If the Secretary, after a will increase higher than the average f diligent search, is unable to enter into an en- of 2.4 percent. It is reckless entitle- hanced-use lease with a qualified organiza- ment spending increases. It is either HOMELESS VETERANS HOUSING tion containing all of the terms and condi- empty promises or tax increases that AT SEPULVEDA AMBULATORY tions specified in subsection (a) on or before they have. CARE CENTER PROMOTION ACT a date that is 12 months after the date of the Mr. Speaker, lastly, it is very obvi- enactment of this Act, the Secretary— Mr. FILNER. Mr. Speaker, I move to (1) may enter into such a lease with a ous that there is no entitlement reform suspend the rules and pass the bill qualified organization providing that the that will take place. They had a 5-year (H.R. 1642) to direct the Secretary of housing project shall be exclusively for vet- budget to do it. They had 5 years to Veterans Affairs to ensure that, to the erans during the duration of the lease, with look out and say, we are going to extent possible, an enhanced-use lease preference given to an organization which match our Republican colleagues. It is for a homeless housing project at the housing project shall provide housing to the now our chance, because the Repub- Department of Veterans Affairs facility highest number of residents not exceeding licans tried and got no support from known as the Sepulveda Ambulatory 225; and the Democrats for the last 12 years to (2) if, after a diligent search, the Secretary Care Center, located in North Hills, is unable to enter into such a lease with a make sure we could do entitlement re- California, shall provide that such qualified organization that provides that the form. Now it is their turn. Nothing. housing project shall be maintained as housing project shall be exclusively for vet- Nada. They are ignoring the future. a sober living facility for veterans erans during the duration of the lease, may This is a bad precedent. only, and for other purposes. enter into such a lease with an organization We know that the Democratic party The Clerk read the title of the bill. providing that not less than 80 percent of the is about taxing and spending. It is obvi- The text of the bill is as follows: residents of the housing project shall be veterans throughout the duration of the lease. ous. It is there today. We will let them H.R. 1642 vote for the tax increases. We will con- Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore (Mr. tinue on the Republican side to make resentatives of the United States of America in BAIRD). Pursuant to the rule, the gen- sure that we are for growing the econ- Congress assembled, tleman from California (Mr. FILNER) omy and cutting taxes. SECTION 1. SHORT TITLE. and the gentlewoman from Florida (Ms. Mr. Speaker, I yield back the balance This Act may be cited as the ‘‘Homeless GINNY BROWN-WAITE) each will control of my time. Veterans Housing at Sepulveda Ambulatory 20 minutes. Mr. MCGOVERN. Mr. Speaker, in Care Center Promotion Act’’. The Chair recognizes the gentleman closing, let me just say that I think SEC. 2. ENHANCED USE LEASE FOR SEPULVEDA from California. there is a reason why the Republicans AMBULATORY CARE CENTER, DE- PARTMENT OF VETERANS AFFAIRS. Mr. FILNER. Mr. Speaker, I yield lost the last election, and that is that myself such time as I may consume. the people of this country were fed up (a) REQUIREMENTS FOR LEASE.—The Sec- retary of Veterans Affairs may enter into an Mr. Speaker, I rise in strong support with their priorities. They were tired enhanced-use lease under section 8162 of title of H.R. 2642. We all know that home- of budget resolution after budget reso- 38, United States Code, at the Department lessness among veterans is a pervasive lution that shortchanged our veterans, facility known as the Sepulveda Ambulatory problem. Estimates are that there are that shortchanged our schools, that Care Center (in this Act referred to as the 20,000 to 30,000 homeless veterans in the shortchanged our environment, that ‘‘Center’’), for a homeless housing project, Los Angeles area alone and more than shortchanged our senior citizens, that only to the extent, subject to the exceptions 200,000 probably on the streets of our shortchanged health care. provided in subsection (d), that any such entire Nation. Many of these homeless As I pointed out earlier, Mr. Speaker, lease contains legally enforceable provisions veterans also have substance abuse there are more people in poverty today that the tenant under the lease shall comply with the following terms and conditions: problems. than 6 years ago. There are more peo- (1) That the housing project located at the My colleague and friend, Congress- ple who are food insecure today than 6 Center shall provide housing exclusively for man BRAD SHERMAN, has worked with years ago. That is not a record of ac- veterans, as defined in section 101 of title 38, veterans in the San Fernando Valley complishment that I would want to United States Code. brag about on the House floor. (2) That such housing project shall be community to mobilize community support for veterans-only housing, a The budget that Mr. SPRATT has maintained, for the duration of the lease, as brought before us achieves key objec- a sober living facility. project that will use two buildings at tives in six areas. It is fiscal responsi- (3) That the housing project shall be ade- the VA Sepulveda complex to provide quately staffed with health care, counseling, housing and supportive services for bility, defending our Nation, putting and security personnel, taking into account our children and families first, growing homeless veterans with substance the ratio of such staff to residents, in order abuse problems. our economy, preserving our planet, to protect residents of the housing project and promoting an accountable and effi- and of the community, and that the min- The bill before you will ensure that cient government. imum staffing ratios shall be specified in an the Sepulveda veterans facilities and Mr. Speaker, we have inherited this enforceable provision of the lease. resources are used for veterans only. It incredible budget deficit and this debt (4) That the housing project shall provide also provides that all qualified housing from the previous majority. It is not housing to not fewer than 150 and not more organizations receive the opportunity than 225 residents. easy to try to clean up this mess, but to compete for the homeless veterans (b) CONSIDERATION OF QUALIFIED ORGANIZA- that is what the underlying budget be- housing project at Sepulveda. Most im- TIONS.—The Secretary shall consider pro- portantly, this bill directs the Sec- fore us tries to do. posals for the enhanced-use lease under sub- I would urge all my colleagues to section (a) from all organizations determined retary of Veterans Affairs to ensure vote for it. It is the right thing to do. by the Secretary to be qualified, and which that, to the extent possible, an en- Mr. Speaker, I yield back the balance are capable and willing to comply with the hanced use lease for a homeless hous- of my time, and I move the previous terms and conditions described in paragraphs ing project at Sepulveda shall be main- question on the resolution. (1), (2), (3), and (4) of subsection (a). tained as a sober living facility for vet- The previous question was ordered. (c) SELECTION OF ORGANIZATION.—In the erans only with adequate staffing and The SPEAKER pro tempore. The event that there are more than one qualified security. organizations described in subsection (b) question is on the resolution. which submit a proposal, the Secretary shall Additionally, this bill will ensure The question was taken; and the enter into the enhanced-use lease under sub- that all qualified housing organizations Speaker pro tempore announced that section (a) with the organization that the receive the opportunity to present the ayes appeared to have it. Secretary determines shall offer the best competing proposals to the VA for a

VerDate Aug 31 2005 04:18 May 08, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.059 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4517 homeless veterans project at the Sepul- my understanding that the original provision will be made for the many veda Ambulatory Care Center in North lease proposal by New Directions, homeless veterans during this hope- Hills, California. which received the support of the local fully brief period of delay while a new Mr. Speaker, two worthy and good community leaders, contained a vet- lease is negotiated. Then, Mr. Speaker, nonprofit organizations, New Direc- erans-only facility with a sober-living I would be more comfortable in sup- tions, Incorporated, and their partner, campus. However, when New Directions porting this bill. A Community of Friends, made a pro- sought additional funding through the Mr. Speaker, I reserve the balance of posal to local VA administrators and Housing and Urban Development Agen- my time. local elected officials and community cy, HUD, due to Federal HUD’s govern- Mr. FILNER. Mr. Speaker, I yield representatives to enter into this lease ance requirements, they could no myself 1 minute. with the VA for a veterans-only hous- longer stipulate in the contract that Mr. Speaker, I appreciate the con- ing project for recovering substance the facility would be a veterans-only cerns that the gentlewoman from Flor- abusers that would in fact be alcohol- ‘‘with no alcohol on the premises’’ fa- ida (Ms. GINNY BROWN-WAITE) raised. I free and would have adequate staffing cility. think the concern should be directed to and security. All the parties that were New Directions is a residential sub- the VA Secretary who, if he had asked brought together by Mr. SHERMAN stance abuse and mental health treat- for a competition on proposals, agreed to these commitments. ment program created by a Vietnam wouldn’t be negotiating with just one But just last summer, the nonprofits veteran and former homeless veteran group. abandoned that proposal and sought John Keaveney. Since 1991, New Direc- I personally have talked to groups enhanced-use lease to deliver a project tions has been working in conjunction that say they would offer proposals that was substantially different than with other service providers and the which would guarantee all veterans what everyone had agreed to earlier. Department of Veterans Affairs to help and would guarantee sober living, and They took these steps after discovering assist homeless veterans. In 1994, New we are convinced it would not take 2 additional funding sources through Directions became the first social serv- years, but could be done rather quick- Housing and Urban Development that ices agency in the country to provide ly. it believes might be available for this temporary housing and services to I think Congressman SHERMAN can project if it opens these facilities to homeless female veterans as well as answer with much greater expertise residency by non-veterans and allows family members of veterans. and I would yield to him such time as To address these issues, Secretary of the use of alcohol. he may consume. Veterans Affairs, James Nicholson, on Mr. Speaker, how can you begin to Mr. SHERMAN. Mr. Speaker, I would March 8, 2007, sent a letter to the New help homeless veterans who are trying like to thank the House for taking the Directions administration that would to get their lives together, trying to re- time and focusing on an issue that is operate the housing under a dry-hous- cover from addictions to drugs and al- relevant to just one district, namely ing model whereby the residents would cohol, but putting them in a facility mine, a facility that is in my district. agree not to use alcohol or intoxicating that allows the very thing from which I would like to thank the chairman drugs. With more than 20,000 homeless they are trying to recover? It does not of the committee for coming out to my veterans in that area, it was antici- make any sense. district and for meeting with veterans pated that all of the beds could be This bill does not stop the Secretary and for meeting with those who run the filled entirely with veterans. VA in our area and for understanding of the VA from entering into a lease, Mr. Speaker, here is my concern: the but it does ensure that the Secretary this issue so well; and for meeting with Congressional Budget Office in their the one developer who opposes this bill. conduct a diligent search to find a April 30, 2007 cost estimate for this bill qualified organization with the experi- And I want to thank the gentlelady stated: ‘‘VA is currently in the process from Florida for taking her time to ence, efficiency and funding sources to of finalizing an enhanced-use lease for deliver a veterans-only, sober living fa- study an issue that after all just re- the Sepulveda facility with a nonprofit lates to one district and one facility. cility and to enter into a lease with the organization, New Directions. However, organization best suited to deliver the Now, let me tell you why we are here. New Directions cannot reach the speci- It is a story that I can relate briefly. projects. fied conditions in this bill. Based on in- Mr. Speaker, I urge my colleagues to A developer came to our community formation from VA, CBO expects that and said they would like to provide support passage of H.R. 1642. I also ask under the bill, the Department would for their continued support for our Na- housing for 150 homeless veterans with be required to break off arrangements substance abuse problems in our subur- tion’s veterans. This bill is the least we with New Directions and search for ban neighborhood. You can imagine in can do to help ensure our homeless and qualified organizations, a process that some communities those who believe in recovering veterans have an environ- could take a few years.’’ ment that allows them to reach their New Directions has agreed to operate NIMBY-ism, ‘‘not in my backyard,’’ goal, clean and sober. under a dry-housing model, and there would have said, oh, take care of vet- Mr. Speaker, I reserve the balance of is certainly a sufficiently large veterans, but not here. I am proud of my my time. erans homeless population in the area community. I had countless meetings. Yes, there b 1700 to virtually guarantee that the facility will be occupied entirely with veterans. were a few naysayers. But finally after Ms. GINNY BROWN-WAITE of Flor- Yet my colleagues wish to impose this many meetings, the community was ida. Mr. Speaker, I yield myself such legislation which would significantly clear, we want to help this project. We time as I may consume. delay the project. want to help veterans, particularly Mr. Speaker, while I do not oppose Mr. Speaker, I understand why the those that are homeless and suffering H.R. 1642, the Homeless Housing at Se- local community would want this legis- from substance abuse problems. We as pulveda Ambulatory Care Center Pro- lation. However, H.R. 1642 does not ad- community organizations want to vol- motion Act, I do have some concerns dress what happens to the hundreds of unteer, our veterans organizations about the bill. homeless veterans in the north Los An- want to send people, our employers This legislation would require that geles area who would have been helped want to provide jobs, all so homeless the enhanced-use lease for a homeless by this facility while they wait several veterans can get the help they need not veterans housing project at the Sepul- years for the VA to begin this process only with housing but with substance veda VA Outpatient Clinic provide to enter into a new lease. abuse problems. sober-living housing exclusively for With the passage of this legislation, What we got in return was a clear veterans. The bill also mandates that are these homeless veterans still on the statement of three principles: that the the housing project be adequately street waiting for a lease with better facility would be for veterans only; staffed and provide for not fewer than terms? That’s the question that the that there would be adequate staffing 150, nor more than 250, residents. American public deserves an answer to. ratios set forth in the lease so that as At first glance, this sounds like a I would hope that this body can be of- long as the lease would run, we would reasonable requirement. In fact, it is fered some assurances that temporary know that it was adequately staffed;

VerDate Aug 31 2005 02:21 May 08, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.062 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4518 CONGRESSIONAL RECORD — HOUSE May 7, 2007 and, finally, that the facility be clean Now, I have recently seen a letter This is of such importance to vet- and sober because it was designed for that is issued by the one organization erans of L.A. County because there is homeless veterans with substance that does not want an open process. valuable land owned by the VA in my abuse problems. We wanted to provide They would rather just go ahead and district, and even more valuable in an the special environment these veterans sign a lease. Keep in mind the four adjoining district, and every group need to recover. issues: staffing; alcohol prohibited; vet- with a good cause comes and says, Let And we assumed that once we as a erans only; competitive bidding. us use this land for a non-veterans community urged the VA to go forward This comprehensive and long-letter project. Sell this land and give us the with a program, they would open it up response doesn’t deal with the staffing money and we will help people some- to a variety of organizations and say issues because there is no reason to where. we’ve got two empty buildings right sign a 75-year, no-rent lease without But the veterans of L.A. County are here in the City of Los Angeles in the the VA at least putting in there you very clear. North Hills community; come and give will have so much staff. This long re- us your proposals. Instead, something sponse does not deal with the issue of b 1715 else happened. alcohol use because there is no reason First, for reasons I do not under- that an organization that wants to help Ms. GINNY BROWN-WAITE of Flor- stand, the VA decided to spend a lot of homeless veterans with substance ida. Mr. Speaker, will the gentleman time just focused on one developer. abuse problems would allow alcohol ex- yield? Second, that developer, who had prom- cept for the reason that that opens up Mr. SHERMAN. I yield to the gentle- ised our community, and these prom- funding sources that they otherwise woman from Florida. ises were reduced to writing, that the don’t have. Ms. GINNY BROWN-WAITE of Flor- program would have guaranteed staff- Instead, they focus on two other ida. Mr. Speaker, first of all, I want to ing ratios, decided to back out of that issues. The first is they say legal coun- commend you for working with the promise, decided that they would rath- sel has advised us that restricting the community to establish a homeless er not have to provide any particular project to veterans only would expose shelter. Having been a county commis- level of funding. us to legal liability. That is their sioner, I know how heated those public They had come to us and said the phony argument for not having it vet- hearings can be when people think that program would be veterans only and there is going to be a homeless shelter would be alcohol free. But then they erans-only. Why is it phony? I used to anywhere in the county, let alone any- discovered that certain sources of be a lawyer. I could have advised any where near their particular residence funds would be available to them only client who paid me that they would if it was for general public housing; and face legal liability if they scratched or business. that in order to get certain sources of their nose. The fact is while anybody Having a homeless shelter for vet- funding from HUD, they would have to can get sued for anything, any activ- erans only is a very, very laudable open it up to non-veterans and they ity, including breathing, can subject goal, and there is a camaraderie there would have to allow alcohol because in you to theoretical legal liability, all that I understand where you are going a general housing facility open to all over this country we have veterans- with that. types of homeless people, you don’t only housing. We have a dozen projects My question is, do you have any idea turn to every homeless person and say, in L.A. County alone. how long it would take to go out to We will give you a roof, but you can’t And while you can always find a law- competitive bid? And also, as you know have a beer. yer to say something could subject you and when you were practicing law you So they had to change the proposal to possible legal liability, none of these may have participated in this, the un- from a design to treat homeless vet- hundreds of veterans-only housing fa- successful bidders very often can drag erans’ abuse problems in the best way cilities has been sued. it on ad nauseam because they did not possible, to one that was a general pro- What is the real reason? They say we get the bid. Do you have any estimate posal. And VA headquarters decided have located funding sources that will of how long this process would take, they had already had so many discus- not allow veterans only. That happens because I think our goals are mutual of sions, it was easier for them, they to be true. The Salvation Army and having a facility there for veterans? wanted their statistics to look good, U.S. Vets, I am convinced and they are Mr. SHERMAN. I am convinced the they wanted to cut the ribbon on a fa- convinced, can find the funding sources goal could be done in months. The bill cility, that they would just go down that will allow for veterans-only does not provide for a super technical the road and provide a 75-year, rent- projects. But this New Directions process. It simply says invite other free lease on valuable land in valuable group has found only the wrong fund- groups under this bill to provide com- buildings in the City of Los Angeles to ing sources. petitive bids, and it provides an abso- It is true there are many properly this developer, allow non-veterans, lute limit of 1 year. So this is a short- funded veterans-only clean and sober allow alcohol use, not require any term process. housing facilities across this country, staffing ratios. We already have other groups think- but it is harder to do that kind of Now, what does my bill provide? It ing about making proposals. They are project than to do a project that can says to the VA: have an open process; reluctant to make proposals until they accept funding from those sources dedi- allow the Salvation Army to submit a are asked for it. proposal; allow U.S. Vets to submit a cated to general public use. Ms. GINNY BROWN-WAITE of Flor- proposal; allow the groups that met This may be an issue we in Congress ida. I thank the gentleman for the re- with the chairman in my district to want to look at. We may want to make submit proposals; and do your best to it easier to have veterans housing in sponse. get a facility that is veterans only; this country, to allow veterans-only Mr. SHERMAN. So what this bill that has adequate staffing ratios guar- projects that are alcohol-free to com- does is it opens the process to competi- anteed; and that provides the alcohol- pete for the HUD money from par- tive proposals. It allows other groups free therapeutic environment these ticular programs, but that is a national like U.S. Vets and the Salvation Army veterans need. Do it in less than a issue. The local issue is that many or- to submit proposals. It urges the VA to year, says the bill. And if for some rea- ganizations can do it right and can get try to create what we always wanted to son you can’t find some qualified orga- their funding from sources that want create—veterans-only, staffing ratios, nization to submit a qualified proposal, to fund veterans-only clean and sober alcohol-free, and it gives them 1 year then go forward. Do your best for vet- facilities. to do this. I hope they will act much, erans, but go forward, because we don’t Now this organization has given me much more quickly, and I will push want to delay the use of these build- an oral promise that at least initially those other groups to submit their pro- ings to provide care for veterans for they will only have veterans living posals very quickly. any significant amount of time. there; but it is a 75-year, rent free, no- Speaking of quickly, I should end I am confident that if the VA opens competitive bidding contract; and we this speech quickly. its process that these groups who have will have no assurance that within Ms. GINNY BROWN-WAITE of Flor- met with me and who have met with years this project will not include both ida. Mr. Speaker, I yield back the bal- the chairman will come forward. veterans and non-veterans. ance of my time.

VerDate Aug 31 2005 04:18 May 08, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.076 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4519 Mr. FILNER. Mr. Speaker, I thank H. RES. 325 Eagles 3–1 to win the 2007 NCAA Hock- the gentlewoman, and like her, I com- Whereas Michigan State University is one ey Championship, affectionately mend the gentleman from California of the premier academic institutions in the known annually as the Frozen Four. for his tireless work on an issue that nation; The win gave the Michigan State rarely gets community support, and I Whereas on April 9, 2007, the Michigan hockey team their first championship am convinced, as he said I visited the State University Spartans won their first in 21 years, and Spartan forward Justin National Collegiate Athletic Association area, that we will have an up-and-run- Hockey Championship in 21 years; Abdelkader rang it off the post and ning homeless program for veterans Whereas the members of the Michigan scored with 18.9 seconds to snap a 1–1 with substance abuse in a very short State University 2007 hockey team include tie and bring home the championship time. It is a place where the VA is Jeff Lerg, Chris Snavely, Ethan Graham, for Michigan State. using its facilities, and it is a great op- Brandon Gentile, Brandon Warner, Justin They scored three goals in the final portunity for anybody who wants to Abdelkader, Tim Kennedy, Bryan Lerg, Ryan 10 minutes of the game, and Spartan help this issue. Turek, Zak McClellan, Jeff Dunne, Tyler goalie Jeff Lerg was spectacular, mak- So I thank the gentleman and I Howells, Jay Sprague, Chris Mueller, Chris ing 29 saves and allowing only one goal. thank the gentlewoman. Lawrence, Nick Sucharski, Matt Schepke, The Spartans won the hearts of un- Ms. JACKSON-LEE of Texas. Mr. Speaker, Jim McKenzie, Kurt Kivisto, Daniel Sturges, Daniel Vukovic, Steve Mnich, Bobby Jarosz, derdogs everywhere. Their win capped I rise in support of H.R. 1642, the ‘‘Homeless Tim Crowder, Justin Johnston, and Michael an improbable four-game run by the Veterans Housing at Sepulveda Ambulatory Ratchuk; third-seeded Michigan State team, who Care Center Promotion Act.’’ Whereas Head Coach Rick Comley and As- few considered to be championship con- America’s veterans have risked their lives sistant Coaches Tom Newton, Brian Renfrew, tenders. In fact, the Spartans are only for their country. They deserve the best treat- and Rob Woodward are to be commended for the second number three seed to make ment and support that we can offer them. De- outstanding coaching throughout the 2007 it to the championship game and the spite this, homelessness remains a pervasive season; first in history to win it. Whereas the Spartans won the champion- problem among veterans, with many homeless Justin Abdelkader was the 2007 Men’s veterans also fighting substance abuse prob- ship game by coming from behind to score 3 goals in a stunning third-period upset; Frozen Four MVP, and the champion- lems. It is our responsibility, as our Nation’s Whereas the Spartans succeeded not only ship is Head Coach Rich Comley’s sec- leaders, to work to ensure they receive the as- because of the skills of talented individual ond. He also won as head coach of sistance they need. players but because those players worked so Northern Michigan in 1991. He is one of This bill is an important step toward that well together as a team; only three coaches to have won titles goal. The Sepulveda Ambulatory Care Center, Whereas in the championship game, the with two different teams. located in Los Angeles’ San Fernando Valley, Spartans beat Boston College, a team that This is the second straight year that exists to provide care to veterans. It is cur- had won 13 straight games, featured 12 Na- tional Hockey League draft picks, and had Boston College has lost in the cham- rently the major outpatient facility for the 1.4 pionship game, and I did want to take million veterans living in northern Los Angeles. played in the 2006 NCAA championship game as well; a moment to highlight their achieve- The Center falls under the purview of the De- Whereas Spartan head coach Rick Comley ments. partment of Veterans Affairs, and includes has now won 3 national hockey champion- Last year, they lost in the finals to education and research facilities, in addition to ships (one with the NAIA and 2 with the the Wisconsin Badgers, but prior to comprehensive ambulatory care. This facility NCAA) with 3 different Michigan univer- this year’s championship, they had won serves a vital role for the region’s veterans. sities: Lake Superior State University, 13 consecutive games, piling up a 29–11– This bill would direct the Secretary of Vet- Northern Michigan University, and Michigan 2 record. They had multiple All-Amer- erans Affairs to maintain a homeless housing State University; Whereas when the Spartans last won a na- ican candidates and two players who project at the Sepulveda Center as a sober liv- received All New England honors. ing facility for veterans only. H.R. 1642 also tional hockey championship, they were coached by Ron Mason, who continues to I want to extend my congratulations requires that this housing project be provided serve Michigan State University as the to the Spartan’s head coach Rick with adequate staffing and security. school’s Athletic Director and who in fact Comley, Assistant Coaches Tom New- This legislation is a necessary step in ensur- hired Coach Comley as his replacement; ton, Brian Renfrew and Rob Woodward. ing that our veterans receive the support that Whereas Michigan State University and I also want to recognize Michigan they need. I strongly support this resolution, the East Lansing community honored the State University Athletic Director Ron Spartans upon their return in a manner be- and I urge my colleagues to do the same. Mason, President Lou Anna Simon and, Mr. FILNER. Mr. Speaker, I yield fitting of champions; and most importantly, the Spartan players back the balance of my time. Whereas Michigan State University stu- The SPEAKER pro tempore (Mr. dents, faculty, alumni, and all Michigan for their amazing season. Mr. Speaker, I reserve the balance of BAIRD). The question is on the motion State fans are deeply committed to bringing offered by the gentleman from Cali- pride to Michigan State University and to my time. the entire state of Michigan: Now, therefore, Mr. DAVID DAVIS of Tennessee. Mr. fornia (Mr. FILNER) that the House sus- be it pend the rules and pass the bill, H.R. Speaker, I yield the balance of my time Resolved, That the House of Representa- to the gentleman from Michigan (Mr. 1642. tives— The question was taken; and (two- (1) commends the Michigan State Univer- ROGERS), and I ask unanimous consent thirds being in the affirmative) the sity Spartans for their victory in the 2007 that he be allowed to control that rules were suspended and the bill was NCAA Hockey Championship; time. passed. (2) recognizes the achievements of the The SPEAKER pro tempore. Is there A motion to reconsider was laid on players, coaches, students, and staff whose objection to the request of the gen- hard work and dedication helped Michigan the table. tleman from Tennessee? State University win the championship; and There was no objection. f (3) directs the Clerk of the House of Rep- Mr. ROGERS of Michigan. Mr. COMMENDING THE MICHIGAN resentatives to transmit a copy of this reso- Speaker, I yield myself as much time STATE UNIVERSITY SPARTANS lution to Michigan State University Presi- dent Lou Anna Simon, hockey Head Coach as I might consume. FOR THEIR VICTORY IN THE 2007 Rick Comley, and Athletic Director Ron I thank the gentleman from Pennsyl- NCAA HOCKEY CHAMPIONSHIP Mason for appropriate display. vania. I also want to thank Bart Stu- Mr. ALTMIRE. Mr. Speaker, I move The SPEAKER pro tempore. Pursu- pak from Michigan for working with us to suspend the rules and agree to the ant to the rule, the gentleman from on this resolution. resolution (H. Res. 325) commending Pennsylvania (Mr. ALTMIRE) and the I am proud to represent Michigan the Michigan State University Spar- gentleman from Tennessee (Mr. DAVID State University in the great State of tans for their victory in the 2007 NCAA DAVIS) each will control 20 minutes. Michigan. It is truly an extraordinary Hockey Championship, as amended. The Chair recognizes the gentleman school with a proud history of world- The Clerk read the title of the resolu- from Pennsylvania. class academics and championship ath- tion. Mr. ALTMIRE. Mr. Speaker, on April letics. Known for its quality in faculty, The text of the resolution is as fol- 7 in St. Louis, Missouri, the Michigan its research, it is certainly one of the lows: State Spartans beat the Boston College finer universities, a proud tradition in

VerDate Aug 31 2005 02:58 May 08, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.065 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4520 CONGRESSIONAL RECORD — HOUSE May 7, 2007 land grant institutions in this great I am proud to be a Spartan and rep- swimming, table tennis, tennis, track and State who is now headed by President resent that fine Michigan State Uni- field, triathlon, trap and skeet shooting, and Lou Anna Simon, who has done a tre- versity, and on behalf of myself, the weight lifting; Whereas the Rocky Mountain Senior mendous job at the university in so entire Michigan delegation, BART STU- Games encourages athletes of all abilities to many areas. PAK for his special assistance, I would participate in the competition by creating But last month we got to witness like to congratulate our head coach, age categories with 5-year increments; Michigan State’s winning tradition Rick Comley; his hardworking staff Whereas the competition is also divided once again, this time on the biggest and assistants; and the best hockey into male and female divisions, as well as stage in college hockey. players on the ice, the Michigan State mixed divisions in several doubles events; On April 7, the MSU hockey team Spartans; and certainly their fans. Whereas athletes who qualify at the State won the Division I NCAA National Go Green. level are eligible to compete at the biennial Championship. The Spartans defeated Mr. Speaker, I yield back my time. National Senior Games; Boston College by a score of 3–1, as we Whereas Colorado is always well rep- Mr. ALTMIRE. I thank the gen- resented at the National Senior Games by all know, and the winning goal came tleman from Michigan. I know there is athletes who pay their own expenses to at- with only 18.9 seconds left in the game. no greater Michigan State fan in this tend and compete, such as the 640 Colorado It’s no fun unless you make it close. body than him and how thrilled he was athletes who have already qualified for the Well, our Spartans certainly got our when they brought home that title. So 2007 National Senior Games in Louisville, heart rates up that particular day. congratulations to him. Kentucky; It was a hard-fought game against a This bill was sponsored by Congress- Whereas participants in the Rocky Moun- tain Senior Games experience the friendly top-ranked opponent, but as many of man STUPAK from Michigan, and he you know, the Spartans’ specialty is fellowship, comraderie, and exhiliration of apologizes for not being able to be here. competition, as well as the enjoyment of winning. They came out on top. We had a change in the schedule due to associatied social events; The Spartans scored three goals in the budget discussion that we had that Whereas participants in the Rocky Moun- the third period to spur a dramatic, went on for an hour or so. He wanted tain Senior Games experience highly bene- comeback-from-behind victory. Justin me to point out specifically how happy ficial effects on both their physical and men- Abdelkader scored the game-winning he was for Head Coach Comley, whom tal health, leading to the ultimate goal of goal and was named MVP of the NCAA he has known for his years at Northern the Games of promoting ‘‘Fitness as a Life- Frozen Four tournament. Chris Michigan where he won his first cham- style’’; Mueller put the game out of reach with Whereas volunteers and event coordinators pionship. of all ages make the week’s events possible; an empty-net goal with just 1.2 seconds Mr. Speaker, I have no other speak- and left on the clock. Goalie Jeff Lerg ers, and I yield back my time. Whereas the 30th annual Rocky Mountain made 29 saves, as the gentleman from The SPEAKER pro tempore. The Senior Games will be held from June 6–10, Pennsylvania discussed earlier. question is on the motion offered by 2007: Now, therefore, be it Upon their return to East Lansing, the gentleman from Pennsylvania (Mr. Resolved, That the House of Representa- showing the school spirit, certainly the ALTMIRE) that the House suspend the tives honors the contributions of the Rocky community’s support, there were over rules and agree to the resolution, H. Mountain Senior Games on its 30th anniver- 4,500 fans turned out for a parade and a Res. 325, as amended. sary for significantly improving the health rally at Munn Ice Arena on the campus The question was taken; and (two- and well-being of older Americans. of Michigan State University. thirds being in the affirmative) the The SPEAKER pro tempore. Pursu- Prior to the championship game, the rules were suspended and the resolu- ant to the rule, the gentleman from MSU hockey squad burned through the tion, as amended, was agreed to. Pennsylvania (Mr. ALTMIRE) and the NCAA Frozen Four tournament. The A motion to reconsider was laid on Spartans defeated Boston University, the table. gentleman from Tennessee (Mr. DAVID Notre Dame, University of Maine to DAVIS) each will control 20 minutes. f reach that championship game. The Chair recognizes the gentleman In the tournament, the Spartans HONORING THE CONTRIBUTIONS from Pennsylvania. played top-notch defense against the OF THE ROCKY MOUNTAIN SEN- Mr. ALTMIRE. Mr. Speaker, I yield Nation’s best teams. They were 17 for IOR GAMES ON ITS 30TH ANNI- myself such time as I may consume. 18 on penalty kills. Jeff Lerg made 104 VERSARY saves and allowed only five goals in the Mr. Speaker, for 30 years the Rocky Mr. ALTMIRE. Mr. Speaker, I move tournament. Mountain Senior Games has offered Let me tell you a little bit more to suspend the rules and agree to the resolution (H. Res. 290) honoring the athletic competition and social oppor- about this historic championship sea- tunities to men and women, age 50 and son. The Spartans won the national contributions of the Rocky Mountain Senior Games on its 30th anniversary older. Athletes of all abilities are en- championship for the third time in couraged to participate in over 30 ath- school history, the first since 1986 when for significantly improving the health and well-being of older Americans. letic and social events. Competition is current Athletic Director Ron Mason divided into male and female divisions, coached the team. Michigan State’s The Clerk read the title of the resolu- as well as mixed competition and by Rick Comley, in his fifth year as head tion. age groups. The purpose of the Rocky coach, won his first national title with The text of the resolution is as fol- Michigan State and the second na- lows: Mountain Senior Games is to motivate tional title as head coach. The Spar- H. RES. 290 women and men over the age of 50 to tans compiled a 23–13–3 record and won Whereas in 1978 the Colorado Senior Sports pursue and maintain a healthy life- the national championship as a number Development Council (CSSDC) began hosting style. three seed in a field of 16 tournament. athletic competitions for individuals 50 years of age and older; In 2006, the Rocky Mountain Senior There are many reasons to be proud Whereas the city of Greeley, Colorado, Games hosted 1,035 participants from 17 of this Spartan team, and there are worked with CSSDC to bring this popular States across the country. The Rocky many reasons Michigan State fans are athletic competition and social opportunity Mountain Senior Games offers our Na- so proud of their hockey team and to the Rocky Mountain region; tion’s seniors the opportunity to expe- their university. Whereas the Rocky Mountain Senior rience the thrill of competition and the Games originated as a 1-day event featuring Michigan State remains the all-time joy of camaraderie, while improving winningest program in the history of swimming, basketball, and track and field; their physical fitness. the Central Collegiate Hockey Associa- Whereas the Rocky Mountain Senior tion. Former Head Coach Ron Mason Games now features a variety of sports and It is of vital importance that we en- recreational activities during the week-long courage all adults to establish and has 924 victories, making him the all- competition, including archery, badminton, time winningest coach in NCAA his- basketball, billiards, bowling, cycling, golf, maintain healthy lifestyles so that tory. Current Head Coach Rick Comley horseshoes, dancing, pickleball, race walk- they can maintain a high quality of life has 714 wins, ranking fifth of all time. ing, racquetball, running, shuffleboard, as they grow older.

VerDate Aug 31 2005 02:58 May 08, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.068 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4521 For 30 years, the Rocky Mountain GENERAL LEAVE I am also very pleased that MSU selected Senior Games have helped improve the Mr. ALTMIRE. Mr. Speaker, I ask my friend from Northern Michigan Hockey health and well-being of older Ameri- that Members be given 5 legislative coach, Rick Comley, to lead MSU to its latest cans in our Nation. Every year, more days to insert material relevant to H. hockey title after its legendary hockey coach, and more seniors travel to Greeley, Res. 325 and H. Res. 290 into the Ron Mason, became MSU’s athletic director. Colorado, to participate. RECORD. Again, I congratulate the MSU Spartan Mr. Speaker, I urge my colleagues to The SPEAKER pro tempore. Is there Hockey Team on winning the 2007 NCAA join me in honoring the Rocky Moun- objection to the request of the gen- Championship and recognize all the players, tain Senior Games. tleman from Pennsylvania? coaches, managers, staff, fans, and families There was no objection. who were instrumental in this great achieve- b 1730 Mr. ALTMIRE. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of ment. back the balance of my time. Mr. DAVID DAVIS of Tennessee. Mr. my time. Mr. DAVID DAVIS of Tennessee. Mr. Speaker, I yield back the balance of Mr. DAVID DAVIS of Tennessee. Mr. Speaker, I yield myself such time as I Speaker, I yield as much time as she my time. may consume. The SPEAKER pro tempore. The may consume to the gentlewoman from I rise today in support of House Reso- question is on the motion offered by Colorado (Mrs. MUSGRAVE). lution 290 honoring the contributions the gentleman from Pennsylvania (Mr. Mrs. MUSGRAVE. Mr. Speaker, my of the Rocky Mountain Senior Games ALTMIRE) that the House suspend the resolution, H. Res. 290, recognizes the on its 30th anniversary for signifi- rules and agree to the resolution, H. goals and the ideals of the 30th annual cantly improving the health and well- Res. 290. Rocky Mountain Senior Games, which being of older Americans. will be held in the next few weeks in We should recognize the hardworking The question was taken; and (two- my district in Colorado. volunteers and the event coordinators thirds being in the affirmative) the The Colorado Senior Development that make this week’s events possible. rules were suspended and the resolu- Council began hosting athletic com- Without their efforts, these games tion was agreed to. petition for adults 50 and older in 1978; would not be possible. I ask my col- A motion to reconsider was laid on and today, the City of Greeley, and the leagues to support this resolution. the table. Greeley Department of Recreation Mr. STUPAK. Mr. Speaker, I am proud to f have partnered with the Colorado Sen- rise in honoring the Michigan State University NATIONAL PHYSICAL EDUCATION ior Sports Development Council to host Men’s Hockey team in winning the Frozen AND SPORTS WEEK this popular event in the Rocky Moun- Four, becoming the Men’s National Collegiate Mr. ALTMIRE. Mr. Speaker, I move tain region. Hockey Champions. The games originated in Colorado as On Saturday, April 7, 2007, a record crowd to suspend the rules and agree to the a 1-day competition featuring four ath- of 19,432 witnessed Michigan State defeat resolution (H. Res. 371) in observance of letic events, including swimming, Boston College, 3–1, in the championship National Physical Education and track and field, and basketball. Today, game of the 2007 NCAA Men’s Frozen Four Sports Week. the Rocky Mountain games are among in Scottrade Center in St. Louis. The Clerk read the title of the resolu- the oldest of its kind in the Nation and During the first period, neither team was tion. are among the most popular. able to push the puck past the opposing goal- The text of the resolution is as fol- This year’s games will be held from ie. As the championship game progressed into lows: June 6–10, and there will be a wide the final period, most fans thought the game H. RES. 371 range of events that include basket- was headed to overtime. MSU then ‘‘ex- Whereas May 1 through 7, 2007, is observed ball, track and field, swimming, bil- ploded’’ with three goals in the final 10 min- as National Physical Education and Sports liards, tennis, badminton, cycling, utes of the game, icing the championship for Week; weight lifting, skeet and trap shooting, MSU. Whereas physical inactivity of both youth archery, a 5k and a 10k road race, a This victory constituted MSU’s third national and adults is a major health risk factor in this country today; triathlon, and many others. The popu- championship, and the first since 1986. Each larity of these events are made most Whereas the percentage of overweight member of the MSU Hockey organization young people has more than tripled since evident by the high number of competi- made essential contributions to the team’s 1980; tors. success. Whereas nationally, 1 out of 4 children Last year, for instance, there were Justin Abdelkader, who was named the does not attend any school physical edu- more than 1,400 individuals who com- team’s Most Outstanding Player, snapped a cation classes and fewer than 1 in 4 children peted in the games, many of whom suc- 1–1 tie with 18.9 seconds to go, seconds after get 20 minutes of vigorous activity every ceeded in qualifying for the bi-annual ringing a shot off the goalie post. day; national games. Jeff Lerg made 29 saves, and Chris Mueller Whereas physical activity is necessary to In fact, Colorado will be well rep- added an empty-net goal with 1.2 seconds left support the normal growth in children, and resented at this year’s national games, is essential to the continuing health and to clinch it for the 3–1 Spartan win. well-being of youth and adults; which will be held later this summer in MSU Spartans’ Head Coach Rick Comley Whereas children and youth with low fit- Louisville, Kentucky. There are 640 has become only the third coach in college ness levels tend to have low fitness levels Colorado athletes who have already hockey history to win national titles at two Di- during adulthood and healthy weight man- qualified. vision I Universities, and has earned over 700 agement programs suggest that approxi- The individuals who participate expe- career wins. Coach Comley last won the mately 300 minutes of exercise are required rience friendly fellowship, camara- NCAA Championship with Northern Michigan per week for an adult to maintain his or her derie, and the exhilaration of competi- University in 1991. weight over the course of a single year; tion. For a long time, fitness has been The Spartan Hockey Team not only dem- Whereas low-income high risk commu- synonymous with Colorado. I think nities have the highest obesity rates due to onstrated untouchable strength and skill, but factors including lack of access to healthful that’s because of our wonderful sunny also perseverance and determination to make foods, a lack of safe, available venues for climate and our natural treasures that Michigan State University and all of the State physical activity, and a lack of education encourage people to get out and enjoy of Michigan proud. about proper nutrition and the benefits of themselves. It’s not surprising, then, The unyielding support from thousands of physical activity; that so many seniors continue exer- fans, family and friends, dressed in green, Whereas minority children are at greatest cising and seek out active competition, lined the streets of East Lansing where they risk for obesity, especially African Ameri- even as they begin to get older. turned out to welcome MSU’s national cham- cans, Hispanics, American Indians, and My bill recognizes these competitors pionship hockey team back home. Asians/Pacific Islanders living in low-income and the benefits they are making to- communities; I am pleased to join with my colleague; Whereas physical activity reduces the wards their long-term health. I am Congressman MIKE ROGERS, who represents risks of heart disease, high blood pressure, pleased my colleagues in Congress, es- Michigan State University, and all the Michi- diabetes, chronic low back pain, and certain pecially those in Colorado, are joining gan delegation in honoring MSU and its NCAA types of cancers and Type II diabetes can no me today to approve this bill. National Champion Men’s hockey team. longer be called ‘‘late in life’’ or ‘‘adult

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.070 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4522 CONGRESSIONAL RECORD — HOUSE May 7, 2007 onset’’ diabetes because we are seeing Type The Centers for Disease Control rec- preventable diseases such as coronary II diabetes (and other chronic illnesses) in ommends 60 minutes of daily physical heart disease, the Nation’s leading children as young as 10; activity for children and teenagers, and cause of death; and decreases the risk Whereas youth who are physically active 30 minutes of daily physical activity of stroke, colon cancer, diabetes, and show less severe symptoms of anxiety; Whereas participation in sports and phys- for adults. Moderate exercise, such as a high blood pressure. It also helps to ical activity improves self-esteem and body brisk walk, when done regularly, has a control weight, contributes to healthy image in children and adults; significant health benefit. bones, muscles and joints, reduces falls Whereas children and youth who partake As a Nation, we should be more ac- among elderly adults and is associated in physical activity and sports programs tive. One out of four children do not at- with fewer hospitalizations. Moreover, have increased motor skills, healthy life- tend any physical education classes in physical activity does not need to be styles, social skills, a sense of fair play, school; 61 percent of children, ages 9 strenuous to be beneficial. People of all strong teamwork skills, self-discipline, and through 13, do not participate in any ages benefit from participating in reg- avoid risky behaviors; Whereas the 60 million school-aged chil- physical activity outside of school. ular moderate-intensity physical activ- dren and youth in America have the poten- Only 25 percent of children get a min- ity, such as 30 minutes of brisk walk- tial to acquire the knowledge, skills, and imum of 20 minutes of vigorous phys- ing five or more times a week. values that can lead to a lifetime of physical ical activity per day. These are facts we should impress activity and healthy living; Mr. Speaker, in comparison, 60 per- upon our children to ensure they lead Whereas the social and environmental fac- cent of adults are not regularly active, health-conscious lives. Yet according tors affecting children are in the control of and 25 percent are not physically ac- to the Surgeon General’s ‘‘Call to Ac- the adults and the communities in which tive at all. The lack of physical activ- tion to Prevent and Decrease Over- they live, and therefore this Nation shares a ity has many negative results. The per- collective responsibility in reversing the weight and Obesity,’’ only half of ado- childhood obesity trend; and centage of overweight young people has lescents participate in regular physical Whereas Congress strongly supports efforts more than tripled since 1980. It is 18 activity, and one-fourth report no to increase the physical activity and partici- percent of that population today. physical activity at all. pation of youth in sports: Now, therefore, be Children are now being diagnosed In addition, we find that more than a it with high blood pressure, high choles- third of young people in grades 9–12 do Resolved, That the House of Representa- terol and type 2 diabetes, all once not regularly engage in physical activ- tives— thought to be age related. Two-thirds ity. Additionally, daily participation in (1) recognizes National Physical Education and Sports Week and the central role of of adults are overweight or obese. Obe- high school physical education classes physical activity and sports in creating a sity-related diseases cost the economy dropped from 42 percent in 1991 to only healthy lifestyle for all children and youth; more than $100 billion annually. 33 percent in 2005. Physical activity of- (2) calls on communities to work with I want to recognize some exemplary fers a broad range of benefits, including schools, in concert with key stakeholders of programs that are currently promoting the prevention of obesity, improves the community, to craft and implement a and encouraging physical activity. self-confidence and the overall sense of local wellness plan as required by the Child Four thousand Boys and Girls Clubs well-being. Nutrition and WIC Reauthorization Act of across this country provide more than Physical education programs within 2004 that includes goals for physical activity, nutrition education, and other school-based 4.6 million kids with the opportunity school settings can set the stage for activities to promote physical education and to be physically active. YMCA provides how children view physical fitness, ac- wellness as well as nutrition guidelines for services to over 20 million people, in- tivity levels, and future health. Phys- foods sold in schools, implementation plans, cluding the Silver Sneakers programs ical education programs also include and measures to determine effectiveness; and for seniors. general health and safety information, (3) encourages schools to offer physical This resolution acknowledges that as well as providing opportunities for education classes to students and work with physical activity and sports play a cen- students to learn how to cooperate community partners to provide opportuni- tral role in creating a healthy lifestyle with one another in a team setting. ties and safe spaces for physical activities for children and adults. Schools should before and after school and during the sum- Equally important is the fact that mer for all children and youth. include physical education classes and physical education programs can teach other opportunities for physical oppor- The SPEAKER pro tempore. Pursu- students that physical activity can be ant to the rule, the gentleman from tunities as part of the school day, and fun. this resolution says communities With a broad range of games and ac- Pennsylvania (Mr. ALTMIRE) and the should be involved and support schools gentleman from Tennessee (Mr. DAVID tivities, children are exposed to forms in the promotion of physical activities, DAVIS) each will control 20 minutes. of exercise that incorporate teamwork, The Chair recognizes the gentleman nutrition education and healthy life- strategy, skill-building exercises, and from Pennsylvania. styles. other curricula such as math. Indeed, Mr. Speaker, I reserve the balance of GENERAL LEAVE physical education plays an important Mr. ALTMIRE. Mr. Speaker, I re- my time. role in the development of an indi- quest 5 legislative days during which Mr. DAVID DAVIS of Tennessee. Mr. vidual, just as a classroom education Members may insert material relevant Speaker, I yield myself such time as I does. may consume. to H. Res. 371 into the RECORD. I join my colleague, Mr. ALTMIRE, in The SPEAKER pro tempore. Is there I rise today in support of House Reso- calling for the communities to work objection to the request of the gen- lution 371 to recognize National Phys- with schools, along with key commu- tleman from Pennsylvania? ical Education and Sports Week, which nity stakeholders to craft and imple- There was no objection. took place this year from May 1 to May ment a local wellness plan as required Mr. ALTMIRE. Mr. Speaker, this res- 7, 2007. in the Child Nutrition and WIC Reau- olution designates May 1–7 as National Ralph Waldo Emerson once wrote: thorization Act of 2004. Physical Education and Sports Week. ‘‘The first wealth is health.’’ Today, I ask my colleagues to support this This is the second year in which Con- these words could not hold more sig- resolution. gress has officially observed the first nificance. In an increasingly techno- Mr. Speaker, I yield back the balance week of May for this purpose. logically advanced society dominated of my time. The benefits of physical activity are by the Internet, cell phones, Black- Mr. ALTMIRE. I thank the gen- well documented. It reduces the risk of Berrys, and, yes, electronic video game tleman from Tennessee for his leader- obesity, heart disease, high blood pres- controls, the evidence is growing and is ship on this issue and the other legisla- sure, diabetes, back pain, and even cer- more convincing than ever. People of tion that we talked about today. tain types of cancer. It can increase all ages who are generally inactive can Mr. Speaker, I yield back the balance one’s self-esteem and body image and improve their health and well-being by of my time. reduce anxiety. In youth, it develops becoming active at a moderate inten- The SPEAKER pro tempore. The motor skills, leads to healthier life- sity on a regular basis. question is on the motion offered by styles, improves social awareness, and Regular physical activity substan- the gentleman from Pennsylvania (Mr. averts risky behaviors. tially reduces the risk of a number of ALTMIRE) that the House suspend the

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MY7.032 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4523 rules and agree to the resolution, H. have 5 legislative days to revise and ex- Mr. Speaker, I reserve the balance of Res. 371. tend their remarks and include extra- my time. The question was taken. neous material on H. Res. 376, the reso- Mr. DAVID DAVIS of Tennessee. Mr. The SPEAKER pro tempore. In the lution now under consideration. Speaker, I yield myself such time as I opinion of the Chair, two-thirds being The SPEAKER pro tempore. Is there may consume. in the affirmative, the ayes have it. objection to the request of the gentle- Mr. Speaker, I rise today in support Mr. ALTMIRE. Mr. Speaker, on that woman from California? of House Resolution 376, which will rec- I demand the yeas and nays. There was no objection. ognize annually a National Classified The yeas and nays were ordered. Ms. WOOLSEY. Mr. Speaker, I yield School Employee of the Year and the The SPEAKER pro tempore. Pursu- myself such time as I would consume. valuable contributions of classified ant to clause 8 of rule XX and the I would like to thank Chairman MIL- school employees. Chair’s prior announcement, further LER and the committee staff for help- I would like to thank my colleague proceedings on this question will be ing move this bill so quickly and the from California (Ms. WOOLSEY) for her postponed. gentleman from Tennessee for being leadership on this issue and for intro- f here with me today. ducing the resolution we are consid- We often recognize teachers for their NATIONAL CLASSIFIED SCHOOL ering today. hard work, for their dedication to our Like many schools across the coun- EMPLOYEE OF THE YEAR children. In fact, we need to do more of try and in my district, the education of Ms. WOOLSEY. Mr. Speaker, I move this. Teachers are very important to our Nation’s children is a team effort. to suspend the rules and agree to the ensuring that our children are learn- Often, when education is discussed, we resolution (H. Res. 376) recognizing an- ing. think of teachers and administrators. nually a National Classified School However, there has been far too little However, classified school employees, Employee of the Year and honoring the recognition for the school support per- school bus drivers, food service work- valuable contributions of Classified sonnel, those who help schools run ers, clerical and administrative staff, School Employees in the United smoothly, the classified school employ- para-educators, and facilities and States. ees. Teachers can’t teach without sup- maintenance workers protect and nur- The Clerk read the title of the resolu- port of classified school employees. ture children as well. tion. This includes instructional assistants, Classified school employees are usu- The text of the resolution is as fol- clerical staffs, school bus drivers, food ally the first of the school staff work- lows: services employees, maintenance, secu- ers the children see when they start H. RES. 376 rity and others who ensure a safe and their day and the last ones they see Whereas classified school employees pro- healthy school day every day for our when they go home. They are the care- vide valuable service to America’s public children. takers of our schools and community schools and community colleges; Imagine a school day without this colleges. School bus drivers carry the Whereas classified school employees con- support: without bus drivers, how most precious cargo, our children. Par- tribute to the establishment and promotion would our children get to school? With- of a positive instructional environment as ents want the peace of mind that paraeducators and library aides; out janitors, who will ensure their comes from entrusting the person be- Whereas classified school employees pro- classrooms, cafeteria and bathrooms hind the wheel in their children’s vide other essential educational services are clean? Without food service per- school bus. such as transportation, facilities mainte- sonnel, who will serve their food, who Getting kids to and from schools nance and operations, food and support serv- will order their food? Without a school safely and on schedule makes bus driv- ices, and health care; nurse, where will children go if they ers, mechanics, and other transpor- Whereas classified school employees play a are not feeling well or they are needing tation personnel an integral part of our vital role in providing for the welfare and medication? Without maintenance per- schools and of our communities. Classi- safety of America’s school children and students; sonnel, what would happen if some- fied employees in the office, clerical Whereas classified school employees strive thing broke or if the school is too hot and administrative staff, maintain at- for excellence in all areas relative to the or too cold? Without office and clerical tendance records, answer the phones, education community; and staff, who will ensure that the proper and interact with parents and school Whereas in order that classified school em- person picks up a child? And without officials. School nurses help children ployees are acknowledged for their out- security personnel, who will make sure with scrapes and cuts, assist with standing contribution to quality education our schools are safe? These responsibil- medications, and help keep accurate across America, the National Classified ities need to be met in order for our records of immunizations and students’ School Employee of the Year is recognized: medical history. All of these school Now, therefore, be it students to be able to do what they Resolved, That The House of Representa- come to school to do: learn. employees are vital to the success of tives— What do our teachers come to school our schools. (1) supports the recognition of the National for? To teach. These and many more Without skilled facilities and main- Classified School Employee of the Year and tasks would not be possible without tenance workers, our children would urges the United States Department of Edu- these important school employees. not have safe and comfortable places to cation, all States, State education agencies, learn. A lot of work is required to local education agencies, community col- b 1745 maintain a school community and keep leges, and members of the public to join in That is why I introduced this resolu- it running smoothly. Custodians keep this observance; tion with Chairman MILLER and Rep- the schools clean. Groundskeepers keep (2) congratulates the National Classified resentative HARE, to recognize the School Employee of the Year; and the grounds safe for sports and other (3) congratulates all classified school em- many contributions classified school recreational activities. And facilities ployees across the Nation for their ongoing employees make to our children’s workers foresee and troubleshoot prob- contributions to education, and for the key school day. Without the work of these lems in school buildings. These classi- role they play in promoting and ensuring valuable employees, schools would be fied workers provide a valuable service student achievement, student safety and unable to function. to our schools. well-being. Today, we recognize the work of the Many times the meal students re- The SPEAKER pro tempore. Pursu- classified school employee and thank ceive at school is the best or only meal ant to the rule, the gentlewoman from them for their hard work in helping en- they get each day. Food service work- California (Ms. WOOLSEY) and the gen- sure that our schools run smoothly. I ers play a significant role in the edu- tleman from Tennessee (Mr. DAVID urge my colleagues to join me in recog- cational process by providing nutri- DAVIS) each will control 20 minutes. nizing the efforts of our classified tious meals for children. Research The Chair recognizes the gentle- school employees and thanking them shows that good nutrition enables a woman from California. for all they do to make certain our student to meet their educational and GENERAL LEAVE children are able to learn and teachers physical potential. Ms. WOOLSEY. Mr. Speaker, I ask are able to teach in a safe and healthy Para-educators, librarians and other unanimous consent that all Members environment. instructional assistants, support and

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.074 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4524 CONGRESSIONAL RECORD — HOUSE May 7, 2007 enhance the work of teachers in all The Clerk read the title of the resolu- Federal level, even more pressure will components of the educational process. tion. be put on correctional officers to main- The increased use of para-professional The text of the resolution is as fol- tain a safe and productive environment staff in education across the United lows: for prisoners. States has been well documented, as H. RES. 264 So it is fitting, Mr. Speaker, that we has the change in their role from large- Whereas the operation of correctional fa- pause at this time to recognize and ly clerical to instructional duties. cilities represents a crucial component of commend our correctional officers and These professionals play a key role in the criminal justice system of the United employees for the very important job ensuring student achievement. States; that they do for us every day under Together, with certified school em- Whereas correctional personnel play a these very difficult circumstances, and ployees, teachers, and administrators, vital role in protecting the right of the public to be safeguarded from criminal activity; to them we say, ‘‘Thank you.’’ classified school employees work hard Finally, Mr. Speaker, in closing, I to provide productive, safe and stable Whereas correctional personnel are responsible for the care, custody, and dignity of the would like to indicate that I have re- environments for our children that are human beings charged to their care; ceived a note from the gentleman from conducive to learning. Classified school Whereas correctional personnel work under Pennsylvania (Mr. HOLDEN), the lead employees strive for excellence in all demanding circumstances and face danger in sponsor of the resolution and chair of areas relative to the educational com- their daily work lives; and the Congressional Correctional Officers munity. Whereas the first week of May is recog- Caucus. First, he asked that I share his For that, I ask that we annually rec- nized as National Correctional Officers and regrets that he was not able to be with ognize a National Classified School Employees Week: Now, therefore, be it us today to speak on this resolution Employee of the Year and honor the in- Resolved, That the House of Representa- due to a prior commitment in his home valuable contributions of all classified tives— (1) supports the goals and ideals of ‘‘Na- district. He also asked that I convey school employees for their tireless tional Correctional Officers and Employees his strong support for the men and commitment to the academic success, Week’’; and safety and well-being of America’s chil- women who work in our prisons and (2) honors all correctional officers and em- correctional facilities on a daily basis. dren, and I urge my colleagues to sup- ployees for their service to their commu- And he also asked me to personally port House Resolution 376. nities and States, and to the Nation. welcome on his behalf the correctional Ms. WOOLSEY. Mr. Speaker, our school- The SPEAKER pro tempore. Pursu- community to Washington, D.C., for children couldn’t attend school and teachers ant to the rule, the gentleman from their annual day on Capitol Hill, which couldn’t teach without the efforts of these valu- Virginia (Mr. SCOTT) and the gen- is scheduled to occur this coming able school personnel. tleman from Virginia (Mr. GOODLATTE) Wednesday. Personnel like Al Hart, District Information each will control 20 minutes. Services Coordinator for Reed School District The Chair recognizes the gentleman Mr. Speaker, I urge my colleagues to in southern Marin County. Mr. Hart was recog- from Virginia. support the resolution. Mr. Speaker, I reserve the balance of nized this year as the Marin County classified GENERAL LEAVE my time. school employee of the year. His hard work Mr. SCOTT of Virginia. Mr. Speaker, and that of other school employees in the rest I ask unanimous consent that all Mem- Mr. GOODLATTE. Mr. Speaker, I of the 6th district of California, and the rest of bers be given 5 legislative days within yield myself such time as I may con- the country should be recognized. which to revise and extend their resume. Classified school employees work with marks and include extraneous material Mr. Speaker, I rise in support of teachers and administrators to ensure that our on the bill under consideration. House Resolution 264, which recognizes schools are safe and healthy places. Their The SPEAKER pro tempore. Is there National Correctional Officers and Em- contributions are invaluable and can be recog- objection to the request of the gen- ployees Week, and honors the service of nized today and every day. tleman from Virginia? correctional officers and employees. That’s why I urge my colleagues to join me There was no objection. Few jobs are more dangerous and dif- in supporting H. Res. 376 to thank classified Mr. SCOTT of Virginia. Mr. Speaker ficult than serving as a correctional of- school employees for their work and to recog- I yield myself such time as I may con- ficer. There are over 200,000 correc- nize them for their efforts. sume. tional officers in the United States who Mr. DAVID DAVIS of Tennessee. Mr. H. Res. 264 is a bipartisan resolution guard us from nearly 2 million crimi- Speaker, I yield the balance of my designed to honor correctional officers nals and maintain the safety of the Na- time. tion’s correctional facilities. It is a job Ms. WOOLSEY. Mr. Speaker, I yield and employees by acknowledging and supporting the goals and ideals of Na- with high risk and often little recogni- back the balance of my time. tion or reward. This resolution recog- The SPEAKER pro tempore. The tional Correctional Officers and Em- nizes the important role that correc- question is on the motion offered by ployees Week. This was introduced by tional officers play in maintaining pub- the gentlewoman from California (Ms. the gentleman from Pennsylvania (Mr. lic safety. WOOLSEY) that the House suspend the HOLDEN), the gentleman from New Jer- rules and agree to the resolution, H. sey (Mr. LOBIONDO) and the gentleman Correctional officers carry a heavy Res. 376. from Indiana (Mr. ELLSWORTH). burden each day. They are surrounded The question was taken; and (two- The resolution directly honors cor- by dangerous criminals and work in a thirds being in the affirmative) the rectional workers at all levels, local, stressful environment. We hear about rules were suspended and the resolu- State and Federal, including psycholo- but don’t often stop to recognize the tion was agreed to. gists, chaplains, teachers and even hundreds of correctional officers who A motion to reconsider was laid on kitchen staff. have made the ultimate sacrifice. Last the table. Correctional officers and employees year in Maryland, two correctional of- f play a vital role in protecting and pro- ficers were killed. On January 27, 2006, moting public safety. They work in our Correctional Officer Jeffrey Alan SUPPORTING THE GOALS AND county jails, our State prisons and our Wroten II was brutally shot and killed; IDEALS OF NATIONAL CORREC- Federal penitentiaries. They have a and on July 25, 2006, Officer David War- TIONAL OFFICERS AND EMPLOY- tough job in a tough environment and ren McGuinn was killed. What hap- EES WEEK at a time that Congress and State leg- pened to these two Maryland officers Mr. SCOTT of Virginia. Mr. Speaker, islatures are actually making the job unfortunately has happened to hun- I move to suspend the rules and agree more difficult because we have been dreds of other correctional officers in to the resolution (H. Res. 264) sup- eliminating programs for inmates, such past years. Correctional Officer Jeffrey porting the goals and ideals of ‘‘Na- as parole, good conduct credits and Alan Wroten left behind a wife and five tional Correctional Officers and Em- Pell Grants for college courses, pro- children, the oldest, age 15, and the ployees Week’’ and honoring the serv- grams that give incentives to prisoners youngest, 5 years of age. This makes ice of correctional officers and employ- to behave. Now, with the additional re- his loss and the loss of others like him ees. duction in prison inmate jobs on the even more heartbreaking.

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.078 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4525 So, it is appropriate that we take a Mr. GOODLATTE. Mr. Speaker, I re- So I simply say, thank you to all of moment this week to honor the conserve the balance of my time. those corrections officers with whom I tribution of all correctional officers, Mr. SCOTT of Virginia. Mr. Speaker, come into contact on an annual basis, pray for their continued safety and I yield such time as he may consume to and urge passage of this resolution. dedicate ourselves to helping them a strong supporter of programs to give Ms. JACKSON-LEE of Texas. Mr. Speaker, carry out their mission. prisoners incentives to better them- I rise today in support of H. Res. 264, which We thank each and every correc- selves and a strong supporter of correc- puts this House on record in support of the tional officer, their families and loved tional officers, the gentleman from Illi- goals and ideals of ‘‘National Correctional Offi- ones, and honor them for their valuable nois (Mr. DAVIS). cers and Employees Week’’ and which honors role in protecting the public. (Mr. DAVIS of Illinois asked and was the service of correctional officers and employ- Mr. Speaker, I reserve the balance of given permission to revise and extend ees. my time. his remarks.) Correctional facilities form a crucial compo- Mr. SCOTT of Virginia. Mr. Speaker, Mr. DAVIS of Illinois. Mr. Speaker, I nent of our criminal justce system, and the I yield such time as he may consume to rise in support of H. Res. 264, the Con- proper functioning of these facilities is an original cosponsor of this resolu- gressional Lawmaking Authority Pro- depndent upon the exemplary service per- tion, the former sheriff in Indiana, the tection Act of 2007 and the National formed by correctional peronnel. These men gentleman from Indiana (Mr. ELLS- Correctional Officers and Employees and women work daily in a complex, ever- WORTH). Week. changing, and often dangerous environment, Mr. ELLSWORTH. Mr. Speaker, I Correctional officers are the largest protecting the rights of the public and safe- rise today to honor the correctional of- part of the workforce in jails and pris- guarding us, as a Nation, from criminal activ- ficers and employees from around the ons, and they enforce the regulations ity. country, and to voice my strong sup- governing the operation of correctional Not only are these correctional officers and port for this bill. institutions as both supervisors and employees responsible for the custody of in- I spent almost 25 years in law en- counselors. mates, but they are also charged with the care forcement, much of that working in a While they have no law enforcement of these individuals, and with maintaining their jail myself. And from my experience, responsibilities outside the institution dignity as human beings. This is a profession correction officers are some of the where they work, each day they put that exerts immense physical and emotional hardest-working law enforcement pro- themselves in harm’s way, maintaining demands on a daily basis, and requires con- fessionals that are working today. security and inmate accountability to stant courage and vigilance. House Resolution 264 recognizes them prevent disturbances, assaults, and es- Mr. Speaker, correctional work has become for their important contributions to capes. an increasingly sophisticated profession, and By definition, working in a correc- the safety of our communities. we as a nation should take pride in the caliber tional institution can be stressful and This week is National Correctional of those who work in this field. These men hazardous. Between 1990 and 1995, the Officers and Employees Week. The bill and women face overwhelming obstacles, and number of attacks on correctional offi- we are considering today supports the operate daily in a high-risk environment, yet cers in State and Federal prisons goals and ideas of this important week, they receive little recognition. This week, jumped by nearly one-third, from 10,731 and honors all corrections officers and which we observe as National Correctional Of- to 14,165, at a time when the number of employees for their service to their ficers and Employees Week, is our opportunity correctional officers increased by only communities, their States, and also to to honor all correctional officers and employ- 14 percent. Except for police officers, this Nation. It also recognizes the crit- ees for their service to their communities and the number of workplace nonfatal vio- ical role that the correctional facilities our Nation. lent incidents is higher per 1,000 em- play in the U.S. criminal justice sys- I strongly support this resolution, and I urge ployees for correctional officers than tem. my colleagues to do the same. Mr. LOBIONDO. Mr. Speaker, I rise today in I am proud to be a cosponsor to this any other profession. From 1992 to 1996, there were nearly 218 incidents for strong support of H. Res. 264, to express sup- legislation with Congressman HOLDEN every 1,000 correctional officers, for a port for the goals and ideals of National Cor- and Congressman LOBIONDO. I echo Mr. total of 58,300. rectional Officers and Employees Week—May SCOTT’s words. Mr. HOLDEN felt strong- 6th through 12th. This resolution recognizes ly enough about this legislation to call b 1800 the important and under-appreciated dedicated me and ask me to make a few com- Correctional officers’ roles in our so- service of the correctional officers and employ- ments on his support for this bill. He ciety are and continue to be critical. ees who staff prisons across this Nation. was unable to attend this meeting as We must continue to recognize the sac- Just this morning, I was at the Fairton Fed- he had prior commitments in his dis- rifices they and their families make on eral Correctional Institution in Fairton, New trict, but he asked me to express his a daily basis to ensure the safety and Jersey, with Warden Paul Schultz, to honor strong support for the men and women well-being of the prison population. the hard work and highest standards of the who work in the correctional system Mr. Speaker, I spend a fair amount of men and women serving as correctional offi- on all the levels, who work tirelessly to time in and around correctional insti- cers and employees. I had the great pleasure protect their communities from those tutions. As a matter of fact, I serve as to present awards to these brave individuals. incarcerated and breaking the law. a member of the local school council at As a co-chair of the Correctional Officers The men and women who work in our the Consuelo York Alternative High Caucus, I was pleased to introduce this reso- prisons and correctional facilities face School in Chicago, which is located in lution with Representative HOLDEN, and I am danger in their everyday lives. I have the Cook County Jail. Therefore, when- very proud of the correctional officers that it seen this firsthand. They are out- ever I’m there, when we have our reg- honors. I urge all Members to support this res- numbered. They work long hours. They ular meetings, I attend. olution. often go without their lunches or eat I also go to jails sometimes to put up Mr. GOODLATTE. Mr. Speaker, I their lunches while performing their bail for individuals that I know, Rep- yield back the balance of my time. duties. We owe them a lot. And al- resentative SCOTT, who have been ar- Mr. SCOTT of Virginia. Mr. Speaker, though you are not going to see a lot of rested. Quite frequently, I speak at I urge passage of the resolution, and I documentaries about the correctional jails, correctional facilities and pris- yield back the balance of my time. officer in the TV shows, they work just ons. The SPEAKER pro tempore. The as hard as any patrolman on the street. And so I simply wanted to take this question is on the motion offered by And they are outnumbered and sur- time to thank all of those individuals the gentleman from Virginia (Mr. rounded by their adversaries every day. who not only work in these stressful SCOTT) that the House suspend the Their role is critical and yet goes un- situations, but the many men and rules and agree to the resolution, H. recognized often. We can do our part to women with whom I come into contact Res. 264. recognize them this week. Hopefully, as they facilitate my entree, and as The question was taken; and (two- this bill will bring some much deserved they assist whatever it is that I’ve thirds being in the affirmative) the appreciation for their work, and I urge been trying to do and that I try to do rules were suspended and the resolu- my colleagues to support it. while I’m there. tion was agreed to.

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.080 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4526 CONGRESSIONAL RECORD — HOUSE May 7, 2007 A motion to reconsider was laid on Votes will be taken in the following Matsui Petri Smith (WA) the table. order: McCarthy (NY) Pickering Snyder McCaul (TX) Platts Solis f H.R. 407, by the yeas and nays; McCollum (MN) Pomeroy Space H.R. 1025, by the yeas and nays; McCotter Porter Spratt RECESS H. Res. 371, by the yeas and nays. McCrery Rahall Stark The SPEAKER pro tempore. Pursu- The vote on agreeing to House Reso- McDermott Ramstad Stupak ant to clause 12(a) of rule I, the Chair McGovern Rangel Sutton lution 370 and on the motion to suspend McHugh Regula Tanner declares the House in recess until ap- with regard to H.R. 1595 will be post- McIntyre Rehberg Tauscher proximately 6:30 p.m. today. poned until tomorrow. McKeon Renzi Taylor Accordingly (at 6 o’clock and 2 min- The first electronic vote will be con- McNerney Reyes Terry utes p.m.), the House stood in recess ducted as a 15-minute vote. Remaining McNulty Reynolds Thompson (CA) Meehan Rodriguez Thompson (MS) until approximately 6:30 p.m. electronic votes will be conducted as 5- Meek (FL) Rogers (KY) Tierney f minute votes. Meeks (NY) Rogers (MI) Turner f Melancon Ros-Lehtinen Udall (CO) b 1830 Mica Roskam Udall (NM) AFTER RECESS COLUMBIA-PACIFIC NATIONAL Michaud Ross Upton HERITAGE AREA STUDY ACT Miller (FL) Rothman Van Hollen The recess having expired, the House Miller (MI) Roybal-Allard Vela´ zquez was called to order by the Speaker pro The SPEAKER pro tempore. The un- Miller (NC) Ruppersberger Visclosky finished business is the vote on the mo- Miller, George Rush Walden (OR) tempore (Mr. ALTMIRE) at 6 o’clock and Mitchell Ryan (OH) Walsh (NY) 30 minutes p.m. tion to suspend the rules and pass the Mollohan Salazar Walz (MN) f bill, H.R. 407, as amended, on which the Moore (KS) Sa´ nchez, Linda Wasserman yeas and nays were ordered. Moore (WI) T. Schultz COMMUNICATION FROM CHIEF OF The Clerk read the title of the bill. Moran (VA) Sanchez, Loretta Watson STAFF OF THE HONORABLE The SPEAKER pro tempore. The Murphy (CT) Sarbanes Watt MARK STEVEN KIRK, MEMBER Murphy, Patrick Saxton Waxman question is on the motion offered by Murphy, Tim Schakowsky Welch (VT) OF CONGRESS the gentleman from Arizona (Mr. Musgrave Schwartz Weldon (FL) The SPEAKER pro tempore laid be- GRIJALVA) that the House suspend the Nadler Scott (GA) Weller fore the House the following commu- rules and pass the bill, H.R. 407, as Napolitano Scott (VA) Wexler Oberstar Serrano Whitfield nication from Eric Elk, Chief of Staff, amended. Obey Sestak Wilson (NM) Office of the Honorable MARK STEVEN The vote was taken by electronic de- Olver Shays Wilson (OH) KIRK, Member of Congress: vice, and there were—yeas 294, nays 80, Ortiz Shea-Porter Wilson (SC) Pallone Sherman Wolf HOUSE OF REPRESENTATIVES, not voting 58, as follows: Pascrell Shuster Woolsey Washington, DC, April 27, 2007. [Roll No. 302] Pastor Simpson Wu Hon. NANCY PELOSI, YEAS—294 Payne Sires Wynn Speaker, U.S. House of Representatives, Wash- Abercrombie Costa Herseth Sandlin Pearce Skelton Yarmuth ington, DC. Ackerman Courtney Higgins Perlmutter Smith (NJ) DEAR MADAM SPEAKER: This is to notify Aderholt Cramer Hill Peterson (MN) Smith (TX) you formally, pursuant to Rule VIII of the Alexander Crenshaw Hinojosa Rules of the House of Representatives, that I Allen Cuellar Hirono NAYS—80 have been served with a subpoena, issued by Altmire Davis (AL) Hobson Bachmann Gallegly Paul the Circuit Court for Cook County, Illinois, Andrews Davis (CA) Hodes Barrett (SC) Garrett (NJ) Pence for testimony in a criminal case. Arcuri Davis (IL) Holt Bartlett (MD) Gohmert Poe Baca Davis, David Honda Barton (TX) Goodlatte Price (GA) After consultation with the Office of Gen- Bachus Davis, Lincoln Hooley eral Counsel, I have determined that compli- Bilbray Hastings (WA) Putnam Baird Davis, Tom Hoyer Bishop (UT) Heller Radanovich ance with the subpoena is consistent with Baker DeFazio Inglis (SC) Blackburn Hensarling Rogers (AL) the precedents and privileges of the House. Baldwin Delahunt Jackson (IL) Bonner Herger Rohrabacher Sincerely, Barrow DeLauro Jackson-Lee Brown-Waite, Hoekstra Royce ERIC ELK, Bean Dent (TX) Ginny Issa Ryan (WI) Chief of Staff. Becerra Diaz-Balart, L. Johnson (GA) Buchanan Jindal Sali Berkley Diaz-Balart, M. Jones (NC) Burton (IN) Johnson, Sam Schmidt f Berman Dingell Jones (OH) Campbell (CA) Jordan Sensenbrenner Berry Doggett Kagen REPORT ON RESOLUTION PRO- Cannon King (IA) Sessions Biggert Donnelly Kanjorski Cantor Kingston Shadegg VIDING FOR CONSIDERATION OF Bilirakis Edwards Kaptur Carter Kline (MN) Smith (NE) H.R. 1294, THOMASINA E. JORDAN Bishop (GA) Ehlers Keller Chabot Lamborn Stearns Bishop (NY) Ellison Kennedy INDIAN TRIBES OF VIRGINIA Conaway Lewis (CA) Sullivan Blumenauer Ellsworth Kildee Davis (KY) Lewis (KY) Tancredo FEDERAL RECOGNITION ACT OF Blunt Emanuel Kind Deal (GA) Linder Thornberry 2006 Bono Emerson King (NY) Drake Mack Tiberi Boozman English (PA) Kirk Duncan McCarthy (CA) Walberg Mr. HASTINGS of Florida, from the Boren Eshoo Klein (FL) Everett McHenry Wamp Committee on Rules, submitted a priv- Boswell Etheridge Knollenberg Feeney Miller, Gary Westmoreland Boucher Fallin Kucinich Flake Myrick Wicker ileged report (Rept. No. 110–130) on the Boustany Farr Kuhl (NY) resolution (H. Res. 377) providing for Foxx Neugebauer Young (AK) Boyd (FL) Ferguson LaHood Franks (AZ) Nunes Young (FL) consideration of the bill (H.R. 1294) to Brady (TX) Filner Lampson extend Federal recognition to the Braley (IA) Forbes Langevin NOT VOTING—58 Brown (SC) Fossella Larsen (WA) Chickahominy Indian Tribe, the Chick- Burgess Frelinghuysen Larson (CT) Akin Engel McMorris ahominy Indian Tribe-Eastern Divi- Butterfield Gerlach Latham Boehner Fattah Rodgers sion, the Upper Mattaponi Tribe, the Calvert Giffords LaTourette Boyda (KS) Fortenberry Moran (KS) Rappahannock Tribe, Inc., the Mona- Capito Gillibrand Lee Brady (PA) Frank (MA) Murtha Capps Gillmor Levin Brown, Corrine Gilchrest Neal (MA) can Indian Nation, and the Nansemond Cardoza Gingrey Lewis (GA) Buyer Goode Peterson (PA) Indian Tribe, which was referred to the Carnahan Gonzalez Lipinski Camp (MI) Graves Pitts House Calendar and ordered to be Carney Gordon LoBiondo Capuano Hinchey Price (NC) Carson Holden Castle Granger Loebsack Pryce (OH) printed. Castor Green, Al Lofgren, Zoe Costello Hulshof Reichert Chandler Green, Gene Lowey Crowley Hunter f Schiff Clarke Grijalva Lucas Cubin Inslee ANNOUNCEMENT BY THE SPEAKER Clay Gutierrez Lungren, Daniel Culberson Israel Shimkus Shuler PRO TEMPORE Cleaver Hall (NY) E. Cummings Jefferson Clyburn Hall (TX) Lynch Davis, Jo Ann Johnson (IL) Slaughter The SPEAKER pro tempore. Pursu- Coble Hare Mahoney (FL) DeGette Johnson, E. B. Souder ant to clause 8 of rule XX, proceedings Cohen Harman Manzullo Dicks Kilpatrick Tiahrt Cole (OK) Hastert Markey Doolittle Lantos Towns will resume on motions to suspend the Conyers Hastings (FL) Marshall Doyle Maloney (NY) Waters rules previously postponed. Cooper Hayes Matheson Dreier Marchant Weiner

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.083 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4527 b 1856 Jones (OH) Miller, Gary Scott (VA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Jordan Miller, George Sensenbrenner The SPEAKER pro tempore (during Messrs. SULLIVAN, BURTON of Indi- Kagen Mitchell Serrano ana, MACK, LINDER, LEWIS of Cali- Kanjorski Mollohan Sessions the vote). Members are advised 2 min- fornia and YOUNG of Alaska changed Kaptur Moore (KS) Sestak utes remain in this vote. Keller Moore (WI) Shadegg their vote from ‘‘yea’’ to ‘‘nay.’’ Kennedy Moran (VA) Shays b 1905 So (two-thirds being in the affirma- Kildee Murphy, Patrick Shea-Porter Mr. FLAKE changed his vote from tive) the rules were suspended and the Kind Murphy, Tim Sherman bill, as amended, was passed. King (IA) Musgrave Shuster ‘‘nay’’ to ‘‘yea.’’ The result of the vote was announced King (NY) Myrick Simpson So (two-thirds being in the affirma- Kingston Nadler Sires as above recorded. tive) the rules were suspended and the Kirk Napolitano Skelton bill was passed. A motion to reconsider was laid on Klein (FL) Neugebauer Smith (NE) the table. Kline (MN) Nunes Smith (NJ) The result of the vote was announced Knollenberg Oberstar Smith (TX) as above recorded. f Kucinich Obey Smith (WA) A motion to reconsider was laid on Kuhl (NY) Olver Snyder the table. LaHood Ortiz Solis LOWER REPUBLICAN RIVER BASIN Lamborn Pallone Space Stated for: STUDY ACT Lampson Pascrell Spratt Mr. MURPHY of Connecticut. Mr. Speaker, The SPEAKER pro tempore. The un- Langevin Pastor Stark on rollcall No. 303, had I been present, I Larsen (WA) Payne Stearns would have voted ‘‘yea.’’ finished business is the vote on the mo- Larson (CT) Pearce Stupak tion to suspend the rules and pass the Latham Pence Sullivan f bill, H.R. 1025, on which the yeas and LaTourette Perlmutter Sutton nays were ordered. Lee Peterson (MN) Tancredo NATIONAL PHYSICAL EDUCATION Levin Petri Tanner AND SPORTS WEEK The Clerk read the title of the bill. Lewis (CA) Pickering Tauscher The SPEAKER pro tempore. The Lewis (GA) Platts Taylor The SPEAKER pro tempore. The un- question is on the motion offered by Lewis (KY) Poe Terry finished business is the vote on the mo- the gentlewoman from California (Mrs. Linder Pomeroy Thompson (CA) tion to suspend the rules and agree to Lipinski Porter Thompson (MS) the resolution, H. Res. 371, on which NAPOLITANO) that the House suspend LoBiondo Price (GA) Thornberry the rules and pass the bill, H.R. 1025. Loebsack Putnam Tiberi the yeas and nays were ordered. This will be a 5-minute vote. Lofgren, Zoe Radanovich Tierney The Clerk read the title of the resolu- The vote was taken by electronic de- Lowey Rahall Turner tion. Lucas Ramstad Udall (CO) The SPEAKER pro tempore. The vice, and there were—yeas 370, nays 1, Lungren, Daniel Rangel Udall (NM) not voting 61, as follows: E. Regula Upton question is on the motion offered by [Roll No. 303] Lynch Rehberg Van Hollen the gentleman from Pennsylvania (Mr. Mack Renzi Vela´ zquez YEAS—370 ALTMIRE) that the House suspend the Mahoney (FL) Reyes Visclosky rules and agree to the resolution, H. Abercrombie Cardoza Filner Manzullo Reynolds Walberg Ackerman Carnahan Flake Markey Rodriguez Walden (OR) Res. 371. Aderholt Carney Forbes Matheson Rogers (AL) Walsh (NY) This will be a 5-minute vote. Alexander Carter Fossella Matsui Rogers (KY) Walz (MN) The vote was taken by electronic de- Allen Castle Foxx McCarthy (CA) Rogers (MI) Wamp vice, and there were—yeas 373, nays 0, Altmire Castor Franks (AZ) McCarthy (NY) Rohrabacher Wasserman Andrews Chabot Frelinghuysen McCaul (TX) Ros-Lehtinen Schultz not voting 59, as follows: Arcuri Chandler Gallegly McCollum (MN) Roskam Watson [Roll No. 304] Baca Clarke Garrett (NJ) McCotter Ross Watt YEAS—373 Bachmann Clay Gerlach McCrery Rothman Waxman Bachus Cleaver Giffords McDermott Roybal-Allard Welch (VT) Abercrombie Brown-Waite, DeFazio Baird Clyburn Gillibrand McGovern Royce Weldon (FL) Ackerman Ginny Delahunt Baker Coble Gillmor McHenry Ruppersberger Weller Aderholt Buchanan DeLauro Baldwin Cohen Gingrey McHugh Rush Westmoreland Alexander Burgess Dent Barrett (SC) Cole (OK) Gohmert McIntyre Ryan (OH) Wexler Allen Burton (IN) Diaz-Balart, L. Barrow Conaway Gonzalez McKeon Ryan (WI) Whitfield Altmire Butterfield Diaz-Balart, M. Bartlett (MD) Conyers Goodlatte McNerney Salazar Wicker Andrews Calvert Dingell Barton (TX) Cooper Gordon McNulty Sali Wilson (NM) Arcuri Campbell (CA) Doggett Bean Costa Granger Meehan Sa´ nchez, Linda Wilson (OH) Baca Cannon Donnelly Becerra Courtney Green, Al Meek (FL) T. Wilson (SC) Bachmann Cantor Drake Berkley Cramer Green, Gene Meeks (NY) Sanchez, Loretta Wolf Bachus Capito Duncan Berman Crenshaw Grijalva Melancon Sarbanes Woolsey Baird Capps Ehlers Berry Cuellar Gutierrez Cardoza Ellison Mica Saxton Wu Baker Biggert Davis (AL) Hall (NY) Carnahan Ellsworth Michaud Schakowsky Wynn Baldwin Bilbray Davis (CA) Hall (TX) Carney Emanuel Miller (FL) Schmidt Yarmuth Barrett (SC) Bilirakis Davis (IL) Hare Carter Emerson Miller (MI) Schwartz Young (AK) Barrow Bishop (GA) Davis (KY) Harman Castle English (PA) Miller (NC) Scott (GA) Young (FL) Bartlett (MD) Bishop (NY) Davis, David Hastert Castor Eshoo Barton (TX) Bishop (UT) Davis, Lincoln Hastings (FL) Chabot Etheridge Bean Blackburn Davis, Tom Hastings (WA) NAYS—1 Chandler Everett Becerra Blumenauer Deal (GA) Hayes Clarke Fallin Paul Berkley Blunt DeFazio Heller Clay Farr Berman Bonner Delahunt Hensarling NOT VOTING—61 Cleaver Feeney Bono DeLauro Herger Berry Clyburn Ferguson Boozman Dent Herseth Sandlin Akin Engel McMorris Biggert Coble Filner Boren Diaz-Balart, L. Higgins Boehner Fattah Rodgers Bilbray Cohen Flake Boswell Diaz-Balart, M. Hill Boyda (KS) Fortenberry Moran (KS) Bilirakis Cole (OK) Forbes Boucher Dingell Hinojosa Brady (PA) Frank (MA) Murphy (CT) Bishop (GA) Conaway Fossella Boustany Doggett Hirono Brown, Corrine Gilchrest Murtha Bishop (NY) Conyers Foxx Boyd (FL) Donnelly Hobson Buyer Goode Neal (MA) Bishop (UT) Cooper Franks (AZ) Brady (TX) Drake Hodes Camp (MI) Graves Peterson (PA) Blackburn Costa Frelinghuysen Braley (IA) Duncan Hoekstra Capuano Hinchey Pitts Blumenauer Courtney Gallegly Brown (SC) Ehlers Holt Carson Holden Price (NC) Blunt Cramer Garrett (NJ) Brown-Waite, Ellison Honda Costello Hulshof Bonner Pryce (OH) Crenshaw Gerlach Ginny Ellsworth Hooley Crowley Hunter Bono Reichert Cuellar Giffords Buchanan Emanuel Hoyer Cubin Inslee Boozman Culberson Schiff Gillibrand Burgess Emerson Inglis (SC) Culberson Israel Boren Davis (AL) Gillmor Shimkus Burton (IN) English (PA) Issa Cummings Jefferson Boswell Davis (CA) Gingrey Shuler Butterfield Eshoo Jackson (IL) Davis, Jo Ann Johnson (IL) Boucher Davis (IL) Gohmert Calvert Etheridge Jackson-Lee DeGette Johnson, E. B. Slaughter Boustany Davis (KY) Gonzalez Campbell (CA) Everett (TX) Dicks Kilpatrick Souder Boyd (FL) Davis, David Goodlatte Cannon Fallin Jindal Doolittle Lantos Tiahrt Brady (TX) Davis, Lincoln Gordon Cantor Farr Johnson (GA) Doyle Maloney (NY) Towns Braley (IA) Davis, Tom Granger Capito Feeney Johnson, Sam Dreier Marchant Waters Brown (SC) Deal (GA) Green, Al Capps Ferguson Jones (NC) Edwards Marshall Weiner

VerDate Aug 31 2005 04:18 May 08, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.086 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4528 CONGRESSIONAL RECORD — HOUSE May 7, 2007 Green, Gene McCarthy (CA) Salazar McMorris Price (NC) Souder Enron would shut down plants to Grijalva McCarthy (NY) Sali Rodgers Pryce (OH) Tiahrt drive up the cost of electricity and Gutierrez McCaul (TX) Sa´ nchez, Linda Moran (KS) Reichert Towns Hall (NY) McCollum (MN) T. Murtha Schiff Waters make wild profits. Exxon and the other Hall (TX) McCrery Sanchez, Loretta Neal (MA) Shimkus Weiner big oil companies are doing the same Hare McDermott Sarbanes Peterson (PA) Shuler thing. They’re using refinery repairs Harman McGovern Saxton Pitts Slaughter Hastert McHenry Schakowsky and maintenance as an excuse to price- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hastings (FL) McHugh Schmidt gouge the American people. Hastings (WA) McIntyre Schwartz The SPEAKER pro tempore (during Congress needs to stop the price Hayes McKeon Scott (GA) the vote). Members are advised 2 min- gouging now. Heller McNerney Scott (VA) utes remain in this vote. Hensarling McNulty Sensenbrenner f Herger Meehan Serrano b 1911 Herseth Sandlin Meek (FL) Sessions GENERAL LEAVE Higgins Meeks (NY) So (two-thirds being in the affirma- Sestak Mr. PALLONE. Mr. Speaker, I ask Hill Melancon Shadegg tive) the rules were suspended and the Hinojosa Mica Shays unanimous consent that all Members Hirono Michaud resolution was agreed to. Shea-Porter may have 5 days to revise and extend Hobson Miller (FL) The result of the vote was announced Sherman Hodes Miller (MI) their remarks and include extraneous Shuster as above recorded. Hoekstra Miller (NC) material on H.R. 1642. Simpson Holt Miller, Gary A motion to reconsider was laid on Sires The SPEAKER pro tempore (Mr. Honda Miller, George the table. Skelton PERLMUTTER). Is there objection to the Hooley Mitchell f Hoyer Mollohan Smith (NE) request of the gentleman from New Inglis (SC) Moore (KS) Smith (NJ) PERSONAL EXPLANATION Jersey? Smith (TX) Issa Moore (WI) There was no objection. Jackson (IL) Moran (VA) Smith (WA) Ms. KILPATRICK. Mr. Speaker, due to offi- Jackson-Lee Murphy (CT) Snyder cial business in the 13th Congressional District f Solis (TX) Murphy, Patrick of Michigan, I was unable to be present for Jindal Murphy, Tim Space SPECIAL ORDERS Johnson (GA) Musgrave Spratt three votes. Had I been present, I would have Johnson, Sam Myrick Stark voted ‘‘yea’’ on H.R. 407, the Columbia-Pacific The SPEAKER pro tempore. Under Jones (NC) Nadler Stearns National Heritage Area Study Act; ‘‘yea’’ on the Speaker’s announced policy of Jan- Jones (OH) Napolitano Stupak uary 18, 2007, and under a previous Jordan Neugebauer Sullivan H.R. 1025, the Lower Republican River Basin Kagen Nunes Sutton Study Act; and ‘‘yea’’ on H. Res 371, In ob- order of the House, the following Mem- Kanjorski Oberstar Tancredo servance of National Physical Education and bers will be recognized for 5 minutes Kaptur Obey Tanner Sports Week. each. Keller Olver Tauscher Kennedy Ortiz Taylor f f Kildee Pallone Terry HUMPTY DUMPTY Kind Pascrell Thompson (CA) STATE DEPARTMENT’S HUMAN King (IA) Pastor Thompson (MS) (Mr. MCDERMOTT asked and was RIGHTS REPORT King (NY) Paul Thornberry given permission to address the House Kingston Payne Tiberi The SPEAKER pro tempore. Under a Kirk Pearce Tierney for 1 minute and to revise and extend previous order of the House, the gen- Klein (FL) Pence Turner his remarks.) tleman from New Jersey (Mr. PALLONE) Kline (MN) Perlmutter Udall (CO) Mr. MCDERMOTT. Mr. Speaker, as Knollenberg Peterson (MN) is recognized for 5 minutes. Udall (NM) we continue our debate on funding for Kucinich Petri Upton Mr. PALLONE. Mr. Speaker, each Kuhl (NY) Pickering Van Hollen Iraq escalation, I want to share a new year, the Department of State issues a LaHood Platts Vela´ zquez version of a well-known poem entitled Lamborn Poe report outlining the human rights Visclosky Lampson Pomeroy Humpty Dumpty: practices of various Nations, and I ob- Walberg Langevin Porter Walden (OR) Bush, Cheney and others had a great call— ject this evening to the inaccuracies in Larsen (WA) Price (GA) Walsh (NY) Remake Iraq, it will be such a ball. the Armenia section of the 2006 Coun- Larson (CT) Putnam Walz (MN) Now all Bush’s troops and all daddy’s men try Reports on Human Rights Prac- Latham Radanovich can’t put Iraq back together again. LaTourette Rahall Wamp tices. Wasserman Our soldiers keep dying, day after day. Lee Ramstad Originally, the State Department Levin Rangel Schultz So why put up with more endless delay? Lewis (CA) Regula Watson Let’s just acknowledge what everyone issued erroneous language about Arme- Lewis (GA) Rehberg Watt knows: nia being an occupier of Azerbaijani Lewis (KY) Renzi Waxman Bush didn’t and doesn’t have any clothes. territory and Nagorno-Karabakh, the Linder Reyes Welch (VT) Weldon (FL) He broke it, can’t fix it, doesn’t know how; report was substantively revised with Lipinski Reynolds Mission impossible: out of Iraq now. LoBiondo Rodriguez Weller more balanced, although still not fully Loebsack Rogers (AL) Westmoreland f accurate, wording and then revised Lofgren, Zoe Rogers (KY) Wexler again to restore the original inaccurate Whitfield b 1915 Lowey Rogers (MI) language. Lucas Rohrabacher Wicker CONGRESS NEEDS TO STOP THE Lungren, Daniel Ros-Lehtinen Wilson (NM) I am deeply disturbed by the State E. Roskam Wilson (OH) PRICE GOUGING NOW Department’s mischaracterization of Lynch Ross Wilson (SC) (Mr. DEFAZIO asked and was given the Nagorno-Karabakh conflict. It is Mack Rothman Wolf Mahoney (FL) Roybal-Allard Woolsey permission to address the House for 1 unprecedented and counterproductive Manzullo Royce Wu minute.) to our government’s goal of actively Markey Ruppersberger Wynn Mr. DEFAZIO. Mr. Speaker, I paid promoting constructive engagement in Marshall Rush Yarmuth Matheson Ryan (OH) Young (AK) $3.43 a gallon for gas in Springfield, Or- the peace negotiations of the region. It Matsui Ryan (WI) Young (FL) egon. My colleague GREG WALDEN paid also sets a troubling example by allow- $3.99 on the east side of the Cascades. ing a foreign State, in this case Azer- NOT VOTING—59 Something a little fishy here because, baijan, to shape the assessments of our Akin DeGette Holden a year ago today, oil prices were $66.85 human rights report. Boehner Dicks Hulshof a barrel. Today, they are $63 a barrel. To assert that Nagorno-Karabakh is Boyda (KS) Doolittle Hunter Brady (PA) Doyle Inslee The price of crude oil is down, but the Azerbaijani territory or that Armenia Brown, Corrine Dreier Israel price of gasoline at the pump is up, occupies Nagorno-Karabakh and other Buyer Edwards Jefferson way up. territories is simply wrong. This Camp (MI) Engel Johnson (IL) And what is the cause? They say, oh, version ignores the reality that the Capuano Fattah Johnson, E. B. Carson Fortenberry well, we forgot, we had to clean and current conflict is about the self-deter- Kilpatrick Costello Frank (MA) Lantos maintain the refineries, and gee, we’ve mination of the people of Nagorno- Crowley Gilchrest Maloney (NY) had to shut ’em down. Does this remind Karabakh. Cubin Goode Cummings Graves Marchant anybody else of Enron? Enron/Exxon, Like many other ethnic autonomous Davis, Jo Ann Hinchey McCotter they’re interchangeable. regions with the status of Oblast under

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MY7.052 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4529 the Soviet Constitution, the people of African coast, with more police forces and fewer medical professionals avail- Nagorno-Karabakh declared their inde- and use of the military to prevent the able to them. pendence. They then conducted a ref- illegal landings in Europe. A well-known organization, Doctors erendum as set forth in the same So- It is interesting to note, Mr. Speaker, Without Borders, related the story of viet Constitution, and they are now an that Morocco, one of the Nations where one doctor, Dr. Bassam. He is an Iraqi independent republic and should be rec- people illegally flee to Europe from, physician specializing in orthopedic ognized as a Nation, just like Azer- wants the illegal flight to stop from its surgery living with his family in Bagh- baijan, Armenia and any other former Nation. Almost 40 percent of the Afri- dad. Soviet Republic. The situation has ab- cans that go to Europe by sea die in His story says: Now, security issues solutely nothing to do with Armenia. the process. This is a world crisis. Mo- have top priority for the few existing The only role Armenia plays in this rocco wants to develop its native lands financial resources, and medical needs conflict is that country’s part in peace with European aid to keep people are forced to take a back seat. This negotiations. home, change the despair to hope by morning, dozens of people were killed Mr. Speaker, I am concerned that Ar- economic development, quit sending its in Fallujah. Yesterday, it was Baghdad. menia is being characterized as an problem to Europe but solve its prob- And that’s not counting the wounded, abuser of human rights in the region lem. African Nations see the answer to who add to the long list of emergency when it is Azerbaijan who continues to solving their economic problems is not cases packing the hospitals. Every day maintain a blockade of both Nagorno- sending their populations to the north brings a new batch of dead and wound- Karabakh and Armenia, and regularly to Europe. ed. In this context, patients simply threatens a new wave of violence Mr. Sarkozy wants the European cannot receive proper treatment from against Nagorno-Karabakh. Union to have an EU-wide policy on il- an increasingly overwhelmed health Such misrepresentations will under- legal immigration and deal with this care system. Some are forced to sell mine our Nation’s credibility as an im- issue head-on instead of ignore the ob- their car, or even their house, to get partial mediator and jeopardize pros- vious. We shall see if this cooperation certain kinds of care in the few hos- pects for successful peace negotiations. with the EU and France and the Afri- pitals able to provide it. It could also have a negative impact on can countries works to stop the illegal That is the end of his story. U.S.-Armenia relations. entry, and we wish Mr. Sarkozy well in Mr. Speaker, instead of locking peo- Our common aim as a country should his presidency of France. ple in against their will, the Iraqi gov- be to focus on workable diplomacy that Meanwhile, back at home, here in the ernment ought to be working with the brings parties together in the spirit of United States, our borders seem to be international community to make Iraq conflict resolution, not to cause addi- as open as ever because our govern- a safe and prosperous place where peo- tional tension by introducing new and ment does not have the moral will to ple want to raise their families, where controversial elements into an already enforce the rule of law. they want to stay, where they want to complex negotiating process. And that’s just the way it is. put down roots and contribute to the Mr. Speaker, the United States has a local communities. f long history of supporting Nagorno- If this is going to happen, the United The SPEAKER pro tempore. Under a Karabakh’s democracy and its right to States must dedicate our energies to previous order of the House, the gentle- live in freedom and peace. The State bringing our troops home and to work- woman from New York (Mrs. MCCAR- Department has never made assertions ing with the Iraqi people to stabilize THY) is recognized for 5 minutes. in previous reports about Armenia their infrastructure and social pro- (Mrs. MCCARTHY of New York ad- being an occupier of Azerbaijani terri- grams, programs that will provide dressed the House. Her remarks will tory and Nagorno-Karabakh. health care, education and jobs. These Last week, I sent a letter to Sec- appear hereafter in the Extensions of are the most important needs for the retary Rice with my concerns over the Remarks.) Iraqis. State Department report’s language, f It is time, Mr. Speaker, to bring our and I urged her to quickly reverse the A HEALTH CHECKUP FOR IRAQ troops home. It is time to provide a fu- State Department’s mischaracteriza- ture of hope for the Iraqi people. The SPEAKER pro tempore. Under a tion. f previous order of the House, the gentle- f woman from California (Ms. WOOLSEY) RENAMING THE DEPARTMENT OF ILLEGAL IMMIGRATION IS A is recognized for 5 minutes. THE NAVY WORLD CRISIS Ms. WOOLSEY. Mr. Speaker, a very The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a disturbing report emerged from Iraq previous order of the House, the gen- previous order of the House, the gen- last week. According to press reports, tleman from North Carolina (Mr. tleman from Texas (Mr. POE) is recog- medical students in Iraq will be denied JONES) is recognized for 5 minutes. nized for 5 minutes. diplomas even though they have com- Mr. JONES of North Carolina. Mr. Mr. POE. Mr. Speaker, France has a pleted all of the coursework and passed Speaker, I would like to thank Armed new President, Nicolas Sarkozy. While all of the required testing. This means Services Chairman IKE SKELTON for in- the world waits to see if he will give that they would only be allowed to cluding language in this year’s Defense vigor and energy and leadership to his practice in Iraq, and no other country authorization bill to change the name complex and sometimes difficult will accept their medical training or of the Department of the Navy to be French people, his position on illegal let them practice in the new country, the Department of the Navy and Ma- immigration is quite clear. even though they have met all of the rine Corps. Europe has its influx of illegals, not requirements. I also thank Ranking Member DUN- unlike the United States. Northern Af- This harkens back to the Iraq we CAN Hunter who in the past has also in- ricans are fleeing their native lands for knew under Saddam Hussein’s rule. cluded this language in the Defense au- Europe. They go mostly to Spain, Saddam refused to grant diplomas to thorization bill. This will be the sixth where French President-elect Sarkozy medical students in order to keep them year that the House will send legisla- accuses Spain of promoting amnesty in in the country. Who would have tion to the Senate that supports this that Nation. Of course, once in Spain, thought that the new Iraq government change. I hope that this year the Sen- it seems these illegals can roam Eu- would resort to Saddam Hussein’s old ate will agree that this change is long rope with ease. tricks? This is an alarming and trou- overdue. Mr. Sarkozy claims Spain wants to bling trend, and it should be reversed Since 1947, Congress has twice af- give amnesty to now 600,000 illegals in immediately. firmed that the Marine Corps is a sepa- its Nation. Mr. Sarkozy wants to ban While dozens of international med- rate military service within the De- European Nations from offering am- ical relief organizations have been partment of the Navy. In 1947, the Na- nesty. He wants to bolster the EU bor- forced to leave Iraq because of serious tional Security Act stated that we der agency, the group that parols the security concerns, Iraqis have fewer have four separate military services:

VerDate Aug 31 2005 04:18 May 08, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.092 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4530 CONGRESSIONAL RECORD — HOUSE May 7, 2007 the Army, the Air Force, the Navy and and the Marine Corps an equal partner. ance and early childhood education in the Marine Corps. You can see if these orders were issued Los Angeles county. I would especially In 1986, the Goldwater-Nichols Act and this bill had become law, it would like to recognize a good friend of mine, stated that each service’s commanding say the Secretary of the Navy and the Kerry Doi, with whom I have worked officer serves equally as a member of Marine Corps with the Navy flag and for a number of years, whom I am ex- the Joint Chiefs of Staff. That is, the the Marine flag for this brave marine tremely proud of. Earlier this year, his Marine Corps and the Navy are coequal who gave his life for this country. program, known as PACE, and the As- partners. The Marines do not serve be- I hope this year that the House under sociation for Enterprise Opportunity neath the Navy; they are an equal the leadership of IKE SKELTON will de- Women and Company, chose 10 promi- team. mand that the Senate agree to the nent small business owners to give Mr. Speaker, that is why I have again House position and change the name to $1,000 checks to. introduced legislation, H.R. 346, to rec- be the Department of Navy and Marine You may think that’s not a lot of ognize their coequal status by chang- Corps. money, but for first-time business own- ing the name of the Department of the f ers of Asian Pacific descent, it meant a Navy to the Department of the Navy lot. I am proud of the work they are b 1930 and Marine Corps. doing to help all small business owners, Not only has this change received the ASIAN PACIFIC AMERICAN including those of API heritage, to suc- full House Armed Services Committee HERITAGE MONTH ceed. support, but also from former Navy The SPEAKER pro tempore (Mr. I have also worked closely with the secretaries and Marine Corps com- PERLMUTTER). Under a previous order East San Gabriel Valley Japanese Com- mandants. of the House, the gentlewoman from munity Center and the Monterey Park In a statement of support for this California (Ms. SOLIS) is recognized for Langley Senior Center, predominantly legislation, the Honorable Wade Sand- 5 minutes. of Asian descent. I am proud to have ers, Deputy Assistant Secretary of the Ms. SOLIS. Mr. Speaker, I rise today these organizations in my district be- Navy for Reserve Affairs, 1993–1998, to pay tribute to the millions of Ameri- cause they are wonderful places where stated, and I quote, ‘‘As a combat vet- cans of Asian and Pacific Islander her- individuals from this community can eran and former Naval officer, I under- itage. I would like to thank my good gather and have social time, artistic stand the importance of the team dy- friend, Congressman MIKE HONDA, for time, recreational time and share their namic, and the importance of recog- leading the special orders tonight on culture with each other. nizing the contribution of team compo- Asian Pacific American Heritage At the senior center, I meet often nents. The Navy and Marine Corps Month and providing us with this op- with them. They take language team is just that: a dynamic partner- portunity to speak to you tonight. courses, computer classes and different ship, and is important to symbolically I represent a heavily, heavily popu- exercise courses that help them to keep recognize the balance of that partner- lated Asia Pacific community in south- busy in our community. Many of the ship.’’ ern California, I think the second most seniors and their families and others In addition, General Charles Krulak, populated in the country. The first have been touched by the immigration 31st Commandant of the Marine Corps group that makes up a large proportion process recently. stated, and I quote, ‘‘This bill is a per- is Taiwanese and Chinese. The second In fact, I would say that the second fectly logical evolution in a series of group is Filipino. I am very proud to largest case load in my district hap- legislative initiatives designed, in part, have represented them for so many pened to be individuals of API descent. to clarify and codify the role of the years. They, just as much as anyone else, United States Marine Corps. . . .I en- But I am here tonight to pay tribute want to become naturalized citizens, thusiastically support both the spirit to the many of them who provide us and they are stepping up to the plate. and intent.’’ with public service in government, I was happy to host a citizenship forum General Carl Mundy, the 30th com- science, law and business, athletics and that we held in the City of Irwindale mandant of the Marine Corps stated, in the arts. These communities that I recently, and I would say about 200 or and I quote, ‘‘I believe the changes you represent are the cities of Monterey more families of API descent came for- propose will do much to clarify the re- Park, Rosemead, West Covina and the ward to become naturalized citizens. I lationship, responsibilities and func- San Gabriel Valley. Well over 120,000 am proud that is happening in our com- tions of the appointed civilian author- individuals represent that district. munity and across the country. ity over the United States Naval serv- They are Chinese, Japanese, Filipino, I am here to support, again, the ef- ices . . . I believe that any Secretary— Vietnamese, Korean and of Cambodian forts of the API caucus, which MIKE present, past or future—will be very decent. As you know, they work hard, HONDA leads, and to work with my col- proud to bear the title ‘Marine,’ as well like many immigrants that come to leagues there on the tri-caucus to help as ‘Navy.’’’ this country. Nearly 30 percent of the put forward disparities and treatment The Honorable John Dalton, the 70th minority-owned businesses are owned in health care issues regarding API, Secretary of the Navy stated, and I by Asian Pacific Islanders and African- the Hispanic community and the Afri- quote ‘‘One of the things for which I American women. In recent years, a can-American community. We are am most proud that I accomplished number of Asian and Pacific Islander working together to bridge our gaps so during my tenure was moving the women-owned businesses has increased that we can provide better services to headquarters of the Marine Corps into by 69 percent in the district. all Americans in all residents of our the Pentagon. It was a controversial According to the Chamber of Com- country. I am happy and pleased to be decision, but I am convinced it was the merce, Chinese Americans own at least able to put this forward tonight in sup- right thing to do. . . . Your legislation two-thirds of Monterey Park’s more port of the API caucus. would be another vital step to give than 5,000 businesses. I have long been that distinguished service the recogni- a supporter of a program called PACE, f tion it so greatly deserves.’’ Pacific Asian Consortium in Employ- The SPEAKER pro tempore. Under a Before I close, I want to point out to ment, which was founded back in 1976 previous order of the House, the gen- the House that I have beside me the to address the employment and job tleman from Connecticut (Mr. SHAYS) Order of the Silver Star for Marines training needs of Asian Pacific Island- is recognized for 5 minutes. killed in Iraq. Marine Michael Bitz’ ers. Believe it or not, there are many (Mr. SHAYS addressed the House. His family received a Silver Star in his Asian Pacific Islanders who really do remarks will appear hereafter in the memory. Yet when you look at this need the support of the Federal Gov- Extensions of Remarks.) poster you will see an exact copy of the ernment and our various forms of gov- f article for the Secretary of the Navy, ernment to help them succeed in our The SPEAKER pro tempore. Under a Washington D.C., and the Navy flag. country. previous order of the House, the gen- All this legislation will do, all this Today it provides workforce develop- tleman from Indiana (Mr. BURTON) is legislation will do, is to make the Navy ment, housing services, business assist- recognized for 5 minutes.

VerDate Aug 31 2005 04:18 May 08, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.095 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4531 (Mr. BURTON of Indiana addressed in that effort, it says that the lives of which continues to highlight and bring the House. His remarks will appear Americans will be lost. We, as Ameri- awareness to the many contributions hereafter in the Extensions of Re- cans, believe that when we go to war, of the Asian Pacific Americans who marks.) the Nation goes to war. Therefore, it is have made this country their home. f important to have a mission to have a I want to thank Mr. HONDA, who will conclusion to that mission. be leading a special order in just a few THE ASIAN PACIFIC COMMUNITY Compounded to that issue, we show minutes, with respect to all the accom- AND THE IRAQ WAR that attacks killed eight U.S. troops. plishments of the Asian Pacific Ameri- The SPEAKER pro tempore. Under a They kill them because they are being cans in the United States. previous order of the House, the gentle- killed by IEDs. They kill them because I am fortunate to represent one of woman from Texas (Ms. JACKSON-LEE) there is no mission, there is no policy, the largest Asian Pacific populations is recognized for 5 minutes. there is no political policy. There is no in Orange County, California. It’s full Ms. JACKSON-LEE of Texas. Let me end, there is no beginning. of Japanese, Korean, Hmong, Cam- take this opportunity, before I address So I ask the President to sit down bodians, Laotians, Chinese, Hawaiian the question our soldiers in Iraq, to with this Congress and be able to re- Pacific Islanders and, of course, the thank Mr. HONDA for convening this solve this by, one, leaving in the lan- largest Vietnamese population outside special order on the Asian Pacific com- guage that says, we will redeploy the the world resides in Orange County, munity of this Nation and to thank troops by July, 2007, or, at the latest, California. Representing that commu- him for his leadership of the Asian Pa- October, 2007, have a rational policy for nity I see firsthand the rich culture cific Caucus, of which I am a member exiting from the conflict that is caus- and the contributions and all of these and to acknowledge the Asian Pacific ing the mounting lives that are lost. communities bring to my hometown of community in Houston, Texas, a thriv- In addition, lives are being lost in Af- Anaheim and Orange County. ing community so diverse and so re- ghanistan of a civilian population, More than 30 years ago, with when spected. lives of the civilian Iraqis are being the Vietnamese arrived, my district I am reminded of the unity that was lost, and there is no response from this was full of orange groves. They took exhibited as Katrina survivors who administration. these orange groves, some of the dilapi- were Asian Pacific Islanders came into While there they are wining and din- dated commercial centers, and they Houston. Both Mr. HONDA and myself ing, I would simply ask in addition to made these block-long business dis- worked on the issue of language and that responsibility, let us find a con- tricts that generate today, multibillion representation and resources, and the clusion to the war in Iraq by reconcili- dollars for our local economy. Asian Pacific community in Houston ation and compromise between the ex- While being an integrated part of the was so united and so supportive so that ecutive and, of course, the Congress. American social fabric is important, these new visitors, these strangers in a We cannot tolerate any more headlines these communities also bring with different land, would feel welcome. like this, mothers and fathers, hus- them a rich awareness of what is going Let me also acknowledge that I have bands and wives are asking why, when on around the world, in particular, the privilege of representing not only a there is no end. The soldiers are our he- what happens in their homeland. very strong Vietnamese business com- roes. They have done their job. We I enjoy an open dialogue, for exam- munity, but also the original China- have said this over and over. ple, with the Vietnamese American town in Houston. So my hat goes off I commend to this body H.R. 930, my community, especially about the con- and salutes the outstanding leaders in legislation, Military Success in Iraq tinuing situation in Vietnam, where that community, scientists, educators, and Diplomatic Surge for National and human rights and religious freedoms, businesspersons, public servants, and, Political Reconciliation in Iraq Act of remain a distant dream for the peoples as well, I thank them for the wonderful 2007. Declare a military victory, our of that country. service that they give and the oppor- soldiers have been victorious. Let them Now is the time to remember and to tunity to work together with them. come home to yellow ribbons and cele- celebrate the successes and the con- This is an outstanding tribute to be brations and their families, have them tributions that Asian Americans and able to honor the Asian Pacific Is- prepared, stronger, increased, a strong- Pacific Islanders bring to the diversity lander community in the month of er military, with the right kind of of America. May. equipment. Although it is important to recognize Let me also acknowledge that the Vi- Let the generals logistically plan the achievements made by this com- etnamese community will have its first how they will redeploy, possibly to the munity, Asian Pacific American Herit- cultural event gala where it honors he- Kuwait borders and to the other bor- age Month must also provide a forum roes and public servants from around ders, but let them come home. We are to focus on the problems that face the Nation. not trying to dictate to the generals these communities, such as affordable I would hope that as we look to the how to redeploy, what the logistics housing, racial profiling, and language greatness of America, we will find it in would be, but we are only saying that barriers. our hearts to be able to address the the policy is a failed policy, and our In particular, the health care issues question of the tragedy in Iraq. It is a soldiers must come home. No more that are so important, so many health tragedy that continues to grow. Every headlines, Army general predicts rise care issues that happened in this par- time you turn the corner, turn the in U.S. casualties, no more headlines ticular community like hepatitis C, di- news on or read a newspaper article, it eight troops dead and continuing to die abetes, and some of the other larger is disintegrating and deteriorating. with no solution and no end. issues which affect us all. Today in the newspaper it says an I ask my colleagues to review H.R. One of the problems facing the APAC Army general predicts a rise in casual- 930 and ask the President and this Con- community is the perception that all ties. So at the back of the surge the gress to find a way that we can work the members of their communities are President says will have solved the together. thriving. If you are Asian or Pacific Is- conflict in Iraq, we will see, tragically f lander, you must be going to the in the words of Major General Rick Berkeleys of the world, you must be Lynch, who is working with the 3rd In- ASIAN PACIFIC AMERICAN doctors, you must be thriving, you fantry Division, ‘‘Casualties will climb HERITAGE MONTH must be engineers, you must be great as American troops dig into enemy ter- The SPEAKER pro tempore. Under a business people. But the reality is that ritory as part of the stepped-up mili- previous order of the House, the gentle- there are large populations, API popu- tary operation ordered by President woman from California (Ms. LORETTA lations who still have low access to Bush in January.’’ SANCHEZ) is recognized for 5 minutes. real quality education and they face His sentence does not say how we Ms. LORETTA SANCHEZ of Cali- tremendous language barriers. The API will resolve the conflict. It doesn’t say fornia. Mr. Speaker, this month is community has come a long way, sacri- that it results in any positive end. It Asian Pacific American Heritage ficing for our country and contributing doesn’t say that we will be victorious Month. This is a national celebration to our growth and prosperity, and I

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.099 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4532 CONGRESSIONAL RECORD — HOUSE May 7, 2007 look forward to continuing that rela- ation and success of our country, and and Pacific Islanders are without tionship with the Asian Pacific Is- must be looked at as a vital American health insurance, and about 13 percent lander community to celebrate its con- strength as we look forward in this of Asian Pacific American children are tributions and to overcome the ongoing 110th Congress. uninsured. Diseases such as diabetes challenges that these communities As the Democratic-led House leads are on the rise and one of the leading face. the way on immigration reform, I be- causes of mortality among Asian Pa- f lieve that we must look at comprehen- cific Americans. sive reform, not shock radio sound Congressman HONDA and I also co- b 1945 bites. Reform that fully recognizes the chair the Congressional Out-of-Poverty ASIAN PACIFIC AMERICAN contribution of immigrants have made Caucus, along with our colleagues Con- HERITAGE MONTH and continue to make to our Nation is gressman JOE BACA, Congressman G.K. as equally important as security on the BUTTERFIELD, and Congressman JOHN The SPEAKER pro tempore (Mr. border. Fair comprehensive immigra- CONYERS. We all are working to raise PERLMUTTER). Under a previous order tion policy must work to protect and awareness of all of these challenges and of the House, the gentleman from Min- unite families. Right now, an esti- are working on a plan to eradicate pov- nesota (Mr. ELLISON) is recognized for 5 mated 1.5 million Asian and Pacific Is- erty in our country. minutes. landers face an immigration backlog As with many minority communities, Mr. ELLISON. Mr. Speaker, this that has forced many families to live education plays a key role in ensuring month marks a special opportunity to separated from their loved one for that the next generation of APAs are pay tribute to the contributions of years. This is a shame and must end. able to break free from the cycle of Asian Americans and Pacific Islander As we celebrate the contributions of poverty. That is why I am a cosponsor Americans. In our community, we have Asian Americans and Pacific Islanders of H.R. 629, introduced by a colleague a great opportunity to recognize this to our Nation, let us use this occasion from Oregon, Congressman DAVID WU. dynamic force of creativity in our Na- to take our great country in a new di- This legislation would create institution, and I welcome the opportunity to rection and to higher heights, and to tions of higher education modeled after do so and I thank my colleague MIKE meet the challenges facing all Ameri- the historically black colleges and uni- HONDA for hosting this special order to- cans, including Asian American and versities and our Hispanic serving in- night. Pacific Islanders. As we have in the stitutions. This would establish a uni- An estimated 180,000 Asian Pacific Is- first 100 days, let us take further steps versity for the Asian Pacific American landers representing a diverse commu- to change the way we do business in community. nity of backgrounds and cultures and Washington and defend our country, Back at home in the Ninth Congres- experiences make their homes in Min- grow our economy, care for all children sional District of California, my con- nesota, with an estimated 32,000 in the and families, protect our planet, and stituents and organizations based in Fifth Congressional District alone. restore accountability. Together, we my district are really making an im- Minnesota serves as home to one of the can make the American dream a re- pact in many of these fields. An organi- Nation’s largest Hmong population, es- ality for all Americans. zation that I am very proud to rep- timated at nearly 80,000. In Minnesota, f resent is Asian Health Services. This we boast 2 members of our State legis- agency has served thousands of people lators who have Hmong American her- ASIAN PACIFIC AMERICAN who cannot afford basic services such itage, Senator Mee Moua and Rep- HERITAGE MONTH as health care and mental health serv- resentative Cy Thao. The Hmong The SPEAKER pro tempore. Under a ices. Our Asian community is so di- American story in Minnesota is previous order of the House, the gentle- verse that Asian Health Services has quintessentially Minnesotan and we woman from California (Ms. LEE) is translators that speak nine different are proud of our Hmong community. recognized for 5 minutes. languages. When it comes to health The Hmong story is quintessentially Ms. LEE. Mr. Speaker, I would like care justice, this agency advocates for an immigrant story as well, a story to thank my good friend and colleague those with no voice by working with coming from their land to a new one to and neighbor, Congressman Mike elected officials to create policies that make success here in America, over- Honda, first for his leadership on so meet the essential mental health and coming the many difficulties, strug- many issues, and, secondly, for orga- health care needs. gling, persevering, while retaining love nizing a special order tonight to cele- I also want to mention the Asian Pa- for their land of origin, finding tremen- brate the contributions of Asian Pa- cific Environmental Networks. This dous love and loyalty in their new cific Americans, but also to celebrate agency is a powerful grassroots organi- home as well. Asian Pacific American Heritage zation and has done incredible work to The Asian American and Pacific Is- Month. provide housing for the waitresses and landers make a valuable contribution We have the pleasure of representing the security guards and the janitors to every aspect of American life and the California Bay Area together. It is that keep our community working. Minnesota life, from business, edu- really an honor and a magnificent chal- They have negotiated with developers cation, to arts to military. We will al- lenge and an exciting part of my dis- to set aside 465 units of housing for low ways remember Qixing Lee, a young trict to bring all of our diverse commu- and extremely low income individuals. man who graduated from North High nities together, to support many, many To further aid this community, the School of Hmong American heritage issues as minority communities. So the network has negotiated 300 entry-level who lost his life in this conflict in Iraq. Asian Pacific American community is construction career path placements, Their contributions and unique addi- one of those communities that is in- allowing constituents to gather the tions to our life have enhanced the credibly diverse in my district and also tools that they need for success. moral fabric and character of our State in our Nation, but also plays an in- This is truly an important time to and our great country. creasingly important role in the devel- reflect upon the accomplishments and As we celebrate the many contribu- opment of our Nation. With over 14 the achievements of the APA commu- tions of the Asian American-Pacific Is- million people and 24 ethnic groups, nity. The United States is strong be- lander community, let us not lose sight they encompass vast histories and rich cause of its diversity and its immi- of the cornerstone of their contribu- cultures. grants. I am proud to be a member of tions and to the very foundation of this In many ways, the APA community the Asian Pacific American Caucus and country, immigration. Immigration is seen as a model minority commu- our Tri-Caucus which reflects the beau- has played a vital role in the entire nity, but the truth is the very same ty and diversity of our country. Let us making of America, whether the immi- challenges, like access to health care rededicate ourselves tonight to eradi- grants are from Europe, Africa, wheth- and education, that other communities cate the disparities and the discrimina- er they are from Asia, or Latin and face are also obstacles to be overcome tion against the Asian Pacific Amer- Central America. But immigration no by Asian Pacific Americans. For exam- ican community and to celebrate the doubt has played a vital role in the cre- ple, nearly 2.4 million Asian American great contributions.

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.102 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4533 I want to thank Congressman HONDA are relatively stable and certain, some Our heritage is our gift to this Na- again for his leadership, and for mak- Chinese Americans or Japanese Ameri- tion. Our unique cultures have survived ing sure that justice prevails for the cans can inspire you with their stories and continue to thrive because Amer- Asian Pacific American community, of succeeding here in the United States ica has come to know and appreciate because his leadership and bringing to- after arriving with no money and no how our contributions enrich our Na- gether the diversity, closing the health possessions. tion. care gap with regard to minority com- Freedom and economic opportunity I am very, very proud of the munities, all of the issues that he are attributes of the United States Chamorro culture on Guam and take works on makes this House of Rep- that have, for generations, inspired every opportunity to share our culture resentatives a better place. hope among the repressed people of the and our traditions. f world. Some of us take the United Today it is worth reflecting on who States and the American way of life for we are as a Nation and what values we ASIAN PACIFIC HERITAGE MONTH granted. The United States and the stand for. We are a Nation of immi- The SPEAKER pro tempore. Under privilege and the goodness of America’s grants whose parents and grandparents the Speaker’s announced policy of Jan- way of life are particularly important have come to these shores seeking indi- uary 18, 2007, the gentleman from Cali- for at least two groups among the vidual liberty, prosperity and human fornia (Mr. HONDA) is recognized for 60 Asian and Pacific Islander American dignity. The Nation we call our own is minutes as the designee of the major- community. They are Chamorro or Fil- one of compassion and of justice. And ity leader. ipino-Americans. And I say that be- when it comes to our heritage, we may GENERAL LEAVE cause Chamorro or Filipino-Americans be Chamorros, Hawaiian, Japanese, Sa- Mr. HONDA. Mr. Speaker, I ask are among the very few Americans who moan, Chinese, Filipino, Palauan, unanimous consent that all Members can identify with heart-swelling pride Chuukese, Korean or any of the various may have 5 legislative days within inspired by witnessing the striking and proud cultures of Asia and the Pacific, which to revise and extend their re- the unique beauty of the Stars and but we all share a common love for this marks, and include extraneous mate- Stripes flying proudly at the top of country. rial on the subject of my special order. flagpoles for the first time after endur- So as we celebrate Asian Pacific The SPEAKER pro tempore. Is there ing and being liberated from a brutal American Heritage Month, let us honor objection to the request of the gen- and extended occupation by the foreign the contributions of all Asian and Pa- tleman from California? power. cific Islander Americans, and let us ap- There was no objection. To all Americans I say this: To learn preciate the cultural diversity, the pa- Mr. HONDA. Mr. Speaker, I would of the experiences endured by these triotism and the communities that like to call upon my colleague, Ms. Americans during occupation and lib- make our country, that make America BORDALLO, who hails from Guam. eration will provide you invaluable so great. Ms. BORDALLO. Mr. Speaker, I rise perspective on what it means to be an Dangkulo na Si Yu’os Ma’ase. today in honor of Asian Pacific Herit- American. In fact, before the House Mr. HONDA. Mr. Speaker, I would age Month and to recognize the con- this week is H.R. 1595, the Guam World like to call upon our good friend, col- tributions of Asian and Pacific Island War II Loyalty Recognition Act. This league from Texas, Representative AL Americans to our Nation. First, I want bill would help fulfill a moral obliga- GREEN. to thank my colleague from California, tion on the part of our national govern- Mr. AL GREEN of Texas. Mr. Speak- the Honorable Mr. HONDA, the chair- ment to a group of citizens, the people er, I’m honored to be here tonight to man of the Congressional Asian Pacific of Guam, most of whom were indige- celebrate Asian Pacific American Her- American Caucus, for his distinct lead- nous Chamorros who bore the burden of itage Month. And I want to especially ership and dedication to the needs of a brutal occupation. The people of thank Chairman HONDA for the out- our communities. Guam were brutalized through public standing job that he has done, not only Every May during Asian Pacific executions, beheadings, rape, and se- with this event, but also what he does American Heritage Month, we recog- vere injury, forced labor, forced march, year round, year in and year out with nize the contributions Asian and Pa- and internment in concentration our caucus, the Congressional Asian cific Island Americans make to the camps. Pacific American Caucus. I thank you United States economically, cul- for what you have done. turally, politically, throughout its his- b 2000 Mr. Speaker, I represent the Ninth tory. Asian and Pacific Islander Ameri- H.R. 1595 is called the Loyalty Rec- Congressional District in Houston, cans continue to make notable and di- ognition Act because the loyalty of the Texas. The Ninth Congressional Dis- verse contributions to every aspect of people of Guam to the United States trict is one of the most diverse dis- American life. Asian and Pacific Island during this 32-month enemy occupation tricts in the country. It is 36 percent Americans also serve public interests should be honored. African American, 31 percent Hispanic, by serving honorably in the United It is a tragic injustice of history 21 percent Anglo and 12 percent Asian. States Armed Services and ably at that, following liberation, Congress did And I am proud to say that this dis- every level of government in the not provide for war claims for the peo- trict, the Ninth Congressional District, United States. I am proud to partici- ple of Guam in the same manner and has the ballot printed in three lan- pate in the effort to honor their con- with the same opportunities that were guages, English, Spanish and Viet- tributions to this country and cele- afforded to other Americans. The peo- namese, soon to have it in a fourth lan- brate our heritage with this month’s ple who carried a disproportionate bur- guage, Chinese. events. den of the war were given less than I’m also proud to say that we have Some people wonder why we continue other Americans when it came time to elected a Vietnamese to the State to celebrate cultural diversity. I remake our Nation whole. Those who House in the State of Texas. The hon- spond by saying that doing so helps to gave more in blood got less in recogni- orable Hubert Vo is a State Represent- remind us that while many of us have tion. Asian Pacific American Heritage ative from a district that is within my no memory of fleeing oppression or de- Month would be especially noteworthy Ninth Congressional District. siring to live freely, many Vietnamese if this legislation were to be agreed to I am so honored that we have se- Americans can tell you of their desire by the House of Representatives. lected the theme ‘‘Meeting the Chal- to live freely and the risks that they Asians and Pacific Islanders have a lenges for Asian Pacific Americans.’’ took fleeing communism to do so. Or, powerful story to tell, and they have a This is most appropriate. Why? Be- the experiences of some Korean Ameri- love for this Nation that many take for cause in spite of discrimination and cans can help us better understand the granted. Our contribution to America degradation, Asian Americans have importance of family and the hardships is not just the great food and the in- met the challenges for America. They and the pain created as a result of triguing cultures that we have intro- were there when America needed a na- being kept apart from loved ones for duced to this land; it is also the stories tional rail connectivity. In spite of dis- generations. While many of our lives of our incredible journeys to freedom. crimination and humiliation, they

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.103 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4534 CONGRESSIONAL RECORD — HOUSE May 7, 2007 helped to construct the first trans- racism towards Asian and Pacific Community Development in the Los continental railroad. Americans in this country, or rather Angeles area, now a national organiza- When the greatest generation went than dwell much longer on the history tion, which tries to help, through the to war in World War II, they were of the internment of Japanese Ameri- Korean churches throughout this coun- there, not only for America, but for the cans, some 120,000 back during World try, to bring Korean Americans for- entire world. Notwithstanding dehu- War II for no reason, without due proc- ward and to receive the benefits of manization and incarceration, Ameri- ess, when, in fact, we found out that what this society offers to Americans. cans of Japanese ancestry were some of Japanese Americans served this coun- Or perhaps I could mention Joel America’s most decorated soldiers. try proudly and patriotically. In fact, Jacinto, who is the Director of the They were also there from the Phil- they were among the most decorated of Search to involve Filipino Americans, ippines. During World War II, over American soldiers during World War II. SIPA, an organization which truly goes 200,000 Filipinos fought in defense of And rather than talk about, as I just out into the community, especially in the United States of America. More mentioned, the plight of Filipino sol- the Filipino American community in than half died. They answered Presi- diers during World War II, who as Fili- Los Angeles to make sure that whether dent Franklin Delano Roosevelt’s clar- pino veterans, served under the Amer- it’s on education, housing, health care ion call for help. They met the chal- ican flag, yet, by an act of Congress in issues, SIPA is there to offer Filipino lenges of America, and it’s time for 1946, were deprived of the rights to vet- Americans those services. America to meet the challenges of the erans benefits in this country, let me Mr. Speaker, to Mr. HONDA we say, Filipino veterans, who were promised, I talk about something else, and not in thank you for letting us have this op- might add, the same benefits as other general terms. portunity to talk about the achieve- veterans and who have not received Let me talk to you a little bit about ments, the accomplishments of people them to this day. America’s leaders today and tomorrow. of Asian Pacific and American descent. It is time for Congress to pass the Just yesterday I had the opportunity Clearly, these are Americans who have Filipino Veterans Equity Act of 2007. It to award the winner of my Congres- persevered and excelled in this coun- is time to treat all who sacrificed dur- sional Arts Competition, which we do try. ing World War II the same. every year, so the one winner in my We could talk about the difficulties Asian Americans have been there for district in high school who has an op- of discrimination and racism, the vious. It is time for us to be there for portunity to present his or her piece of lence that has been experienced by them. art work in the Capitol of the United many. But rather than that, I think Mr. HONDA. Mr. Speaker, I would States is introduced on that day of the it’s better, most fitting to talk about like to call upon our good friend from selection. And that was yesterday. today’s leaders, and tomorrow’s leaders California, Congressman XAVIER My winner, for the 31st Congressional in this country. BECERRA. District, was Julie Lee, a high school So to one of today’s leaders, Con- Mr. BECERRA. Mr. Speaker, more student in my congressional district gressman MIKE HONDA, I say thank you than anything else I’d like to thank who did a phenomenal piece of art for letting us talk today about tomor- Chairman MIKE HONDA from California work. She will be a leader tomorrow. row’s leaders in this country as well. for organizing tonight’s special order We know it not just because of her ar- And with that, with great pride in to celebrate Asian Pacific American tistic talents, but because she came helping to celebrate Asian Pacific Heritage Month because it’s important forward to participate in this process. American Heritage Month, I yield back for us to not only say it today, but I could name the various military the balance of my time. have it recorded in the CONGRESSIONAL academy nominees that I’ve sent off to, Mr. HONDA. Just to comment about RECORD for all time that we appreciate whether it’s West Point or the Air both Congressmen AL GREEN and XA- what members of American society Force Academy of Japanese, Chinese or VIER BECERRA, they too are also mem- have done for us, especially members, Korean American descent that I’ve had bers of the Congressional Black Caucus this month we want to celebrate of the pleasure and honor to send on to and the Hispanic Caucus, and so they Asian Pacific American heritage, who become leaders of this country. serve dual roles in their leadership. are Americans, patriotic, hardworking, Or I could simply talk about someone And I think CAPAC, the Congressional and in every respect trying to live the by the name of Christine Oh, who hap- Asian Pacific American Caucus, enjoys American dream. pens to be a legislative assistant in my the leadership, experience and the in- And so I stand here with a great deal Congressional office here, or Henry sights of these two gentlemen, and it of pride as a Member of Congress who Truong, who happens to be my execu- makes our caucus stronger and part- represents a portion of the city of Los tive assistant here in my Washington, ners with the other caucuses. Angeles, a very diverse district with a D.C. office, who many would consider And it’s no wonder that they come to substantial Asian Pacific American my gatekeeper because he decides what Congress on behalf of the community population. I stand here as a very my schedule looks like; or perhaps because the communities there trust proud member of the Congressional Melvin Tabilas in my district office in these two men and they trust their Asian Pacific American Caucus’ Execu- Los Angeles, who is one of my field rep- leadership and their insights and their tive Committee. resentatives who helps me manage an conscience. So to both I say, thank And I also stand here very proud to area that has some 650,000 people there you. say that on many occasions I’ve had to try to make sure we give the people I’d like to call upon a Congress- the opportunity to author legislation in my district the coverage they need. woman who hails from the Aloha State very important to the Asian and Pa- Or perhaps I could mention the who, I think, is probably the re-incar- cific American community here in this names of people like Stuart Kwoh, who nation of the spirit of Patsy Mink, country, whether it has been the issue has been a champion for civil rights MAZIE HIRONO. of reuniting families of Korean descent and simply the rights of Americans, es- Ms. HIRONO. Mr. Speaker, I rise who have not seen family members in pecially those of Asian Pacific Amer- today to join my fellow Congressional North Korea for many, many years, or ican descent in Los Angeles through Asian Pacific American Caucus, whether it’s been legislation to try to his work with the Asian Pacific Amer- CAPAC members, and my other col- help obtain justice for Asians of Latino ican Legal Center. leagues in celebrating Asian Pacific descent who were deprived of their Or I could speak to you about Grace American Heritage Month. rights back during World War II and Shimizu, who has been a champion to I’d like to, of course, thank Congress- never, never received the recognition have restored to those Japanese Latin man HONDA for organizing this special they deserved to get their rights and Americans the rights they lost during order tonight, and for his leadership their property back. I had that oppor- World War II through the organization shown throughout the year in his serv- tunity. Campaign For Justice, which she is a ice as chairman of CAPAC. But rather than talk about the 1882 part of and leads. The heritage month theme is ‘‘Meet- Chinese Exclusion Act which began the Or I could mention Hyepin Im, who is ing the Challenges for Asian Pacific whole process of discrimination and the leader of the Korean Churches for Americans.’’ The APA community has

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.105 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4535 come a long way since the days when American troops in World War II. I am The history of APA Heritage Month: laws excluded us from coming to this also a cosponsor of the Filipino Vet- In celebrating APA Heritage Month, I country, barred us from many places, erans Equity Act, H.R. 760, to fulfill want to give thanks to the late Rep- public places, and worse, interned us in our promise of full veterans’ benefits to resentative Frank Horton from New camps solely because of our ethnic her- those Filipino soldiers. York and my good friend Secretary itage. I know that questions have been Norman Mineta, along with Senators raised about the cost of carrying out b 2015 Daniel Inouye and Spark Masayuki our obligation to the Filipino World Matsunaga, that May is now des- Nationwide, we are now 14 million War II veterans. The Congressional ignated as Asian Pacific American Her- strong, and in the next 30 years the Budget Office has estimated that the itage Month. APA population is expected to double cost of enacting H.R. 760 will be $1 bil- The first 10 days of May coincide to about 8 percent of the entire U.S. lion over a 10-year period. While this is with two important anniversaries: the population. a large sum, it is worth noting that the arrival of the first Japanese immi- Because of our history of labor immi- United States spends approximately $9 grants on May 7, 1843, to the U.S. and gration and our indigenous island pop- billion each month in the war in Iraq. the completion of the transcontinental ulation, Hawaii has had a head start in Challenges are also facing our Native railroad on May 10, 1869. terms of political representation. Our Hawaiian population. The desire for In 1992 Congress passed public law APA communities have lived and self-determination by the indigenous No. 102–450, the law that officially des- worked in our islands since the mid- people of my home State has been ig- ignated May of each year as ‘‘Asian Pa- 1800s, when the first Chinese laborers nored for far too long by the Federal cific American Heritage Month.’’ The were imported to work in the sugar- Government. Native Hawaiians remain first AAPI settlement in this country cane fields. Since 2000, three of our the only indigenous group in our coun- dates back to 1763, when Filipinos es- communities, the Okinawans, Koreans, try still awaiting Federal recognition caped imprisonment aboard Spanish and the Filipinos, have celebrated their similar to the recognition Congress has galleons and established a community centennial anniversaries of arrival to granted to American Indians and Alas- near New Orleans. the United States and to Hawaii. ka Natives. H.R. 505, the Native Hawai- The AAPI community quickly ex- Hawaii produced the first Governors ian Government Reorganization Act, panding. Currently, there are approxi- in the Nation of Japanese and Filipino would set up a process for Native Ha- mately 14.6 million AAPIs living in the ancestry, George Ariyoshi and Ben waiians to organize a government enti- United States, comprising just over 5 Cayetano; the first Native Hawaiian ty. percent of the total U.S. population. Governor, John Waihee; the first Asian By continuing to work together, I am By the year 2050, there will be an esti- American Senators, Hiram Fong and hopeful that we will be able to meet mated 33.4 million individuals living in Daniel Inouye; the first Senator of Na- these challenges as we have overcome the United States who identify as tive Hawaiian ancestry, Daniel Akaka; others in the past. This month Wash- Asian alone, representing a 213 percent the first Native Hawaiian and Pacific ington, D.C. is hosting the Eighth Pa- increase from 2000, comprising 8 per- Islander Member of Congress, Prince cific Islands Conference of Leaders, cent of the total U.S. population. My Jonah Kuhio Kalanianaole; and the PICL. The triennial PICL brings to- home State of California has both the first woman of color to serve in Con- gether the heads of government and largest AAPI population, 4.9 million, gress, Patsy Takemoto Mink. And I am senior officials from the Pacific, in- and the largest numerical increase of privileged to have served as Hawaii’s cluding Hawaii and the U.S. Pacific AAPIs since 2000. Lieutenant Governor, becoming the Territories. This is the first time that There are some needs. Mr. Speaker, first immigrant woman of Asian ances- the group has met in Washington, D.C., this year’s theme for Asian Pacific try elected to statewide office and to and it is quite an opportunity for all of American Heritage Month, ‘‘Meeting be able to continue my service here as us here to find common ground on the Challenges for Asian Pacific Amer- the first immigrant born in Japan serv- issues facing the Pacific region and our icans,’’ reflects hardships overcome by ing in Congress. world. the AAPI community while high- Asian and Pacific Islander Members In closing, I would again like to lighting the hope we maintain as we of Congress currently number only thank Congressional Asian Pacific contribute to the prosperity of this nine, including ENI FALEOMAVAEGA, our American Caucus Chairman HONDA for great Nation. As our community ex- delegate from American Samoa. Also allowing us this opportunity to reflect pands, we must also continue to edu- with me in the House are Congress upon how far our APA community has cate our fellow citizens about the Members MIKE HONDA and DORIS MAT- come and yet, of course, remember how uniqueness of our experiences. SUI, Oregon’s DAVID WU, Virginia’s much further our community has to The AAPI community is often ROBERT SCOTT, and Louisiana’s BOBBY go. misperceived as monolithic. Our com- JINDALs. In the Senate we have Ha- Mahalo and aloha. munity is extremely diverse in our lan- waii’s two senior statesmen, Senators Mr. HONDA. Mahalo. Thank you very guages, ethnicities, culture, and chal- DANIEL INOUYE and DANIEL AKAKA. much. lenges. Aggregating such a large and Although the successes of our APA Mr. Speaker, I rise today to recognize diverse group makes it difficult to un- community over the years have been the Asian American Pacific Islander derstand the unique problems faced by many, there is another side to our community and to commemorate Asian the individual ethnicities and sub- story that is not often discussed. While Pacific American Heritage Month. groups, such as the Southeast Asian more Asians have college degrees than As Chair of the Congressional Asian Americans, who are refugees that fled any other group in the country, we also Pacific American Caucus, commonly their home countries during the late have more people who have not grad- known as CAPAC, I feel privileged to 1970s and the early 1980s. As a country, uated from high school compared with be here tonight to speak of the Asian we need to better address the needs of other ethnic groups. And while APAs and Pacific Islander American history the AAPI community when we discuss have higher incomes, the U.S. Census and accomplishments. comprehensive immigration reform, counts 1.3 million Asian and Pacific Is- And before I continue, I would also education, health issues, and veterans’ landers living in poverty. There are like to recognize you, Mr. Speaker, for affairs. still many wrongs to be righted. Some presiding over this Special Order and Comprehensive immigration reform: of them are decades old. also knowing that you too have worked Mr. Speaker, our Nation was founded On March 1, 2007, I reintroduced the with other Asian American leaders in by immigrants who valued freedom and Filipino Veterans Family Reunifica- your home State, specifically Senator liberty, who sought to be free from per- tion Act, H.R. 1287, a companion bill to Stan Matsunaga. For that we are secution and from tyranny. Families S. 671, introduced by Senator AKAKA. It grateful. fled their home countries to seek ref- will accelerate the immigration proc- Additionally, I will be highlighting uge in this great Nation because they ess for the sons and daughters of the those isues affecting our community too believed in ‘‘liberty, justice, and Filipino veterans who fought with our and the priorities for CAPAC. freedom for all.’’ It is in this spirit that

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.106 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4536 CONGRESSIONAL RECORD — HOUSE May 7, 2007 CAPAC supports immigration legisla- These numbers show that we must do out insurance for the entire year in tion that shifts the debate from an ex- a better job of disaggregating the data 2000. This means that the uninsured are clusionary, anti-immigrant, enforce- and information about our commu- not only more likely to go without ment-only approach to one that con- nities to assess the needs of those hard- health care for serious medical condi- fronts the social and economic realities working Americans who still falter be- tions, they are also more likely to go behind immigration; honors the dig- hind. without routine care, less likely to nity of all families and communities; To address the disparities between have a regular source of care, less like- and recognizes the economic, social, subgroups of the larger AAPI commu- ly to use preventive services, and have and cultural contributions of immi- nity, we need Congress to pass the viewer visits per year. grants to our great country. Asian American Pacific Islander Serv- At the same time, without appro- Today, AAPIs constitute a growing ing Institutions bill, which my col- and vibrant piece of the American fab- priate language translation services or league from Oregon, Representative properly translated materials, limited ric. In 2005 close to 9 million of this Na- DAVID WU, has introduced in January. tion’s foreign born were born in Asia, English proficient immigrants cannot This legislation will provide Federal receive adequate care as well as State constituting approximately one quar- grants to colleges and universities that ter of the foreign-born population and and Federal benefits for which they have an enrollment of undergraduate may be eligible. In the AAPI commu- over one half of the total AAPI popu- students that is at least 10 percent lation. Even with a relatively high nat- nity, 76 percent of Hmong Americans, AAPI and at least 50 percent of its de- 61 percent of Vietnamese Americans, 62 uralization rate, there are approxi- gree-seeking students receive financial mately 1.5 million Asian undocumented percent of Korean Americans and 39 assistance. percent of Tongans speak limited immigrants living, working, or study- As a caucus, we will work to increase ing in the U.S., representing 14 percent English. Therefore, eliminating health the availability of loan assistance, of the undocumented immigrants in care disparities in the AAPI commu- scholarships, and programs to allow the United States. These include vic- nity must include data collection, lin- AAPI students to attend a higher edu- tims of immigration fraud, who have guistically appropriate and culturally cation institution; to ensure full fund- become undocumented due to no fault competent services and access to of their own. Many work and study ing for teachers and bilingual edu- health insurance. cation programs under the No Child hard, pay taxes, and yet live in fear CAPAC has been working with both with no hope of gaining a path to legal Left Behind law to support English language learners; and to support full the Congressional Hispanic and Black permanent resident status. Let’s give Caucuses on the Health Care Equity these workers and these students an funding of minority outreach programs for access to higher education such as and Accountability Act to eliminate opportunity. ethnic and racial health disparities for In addition to an earned pathway to the TRIO programs to expand services to serve AAPI students. all of our communities. The act would citizenship, family reunification is a expand the health care safety net, di- high priority in the AAPI community. In health, Mr. Speaker, a common misperception of AAPIs is that as a versify the health care workforce, com- Immigration reform must espouse the bat diseases that disproportionately af- family values that are so fundamental group, we face fewer health problems fect racial and ethnic minorities, em- to our national ideals. Family mem- than other racial and ethnic groups. phasize prevention and behavioral bers provide care for the sick, for their But, in fact, AAPI as a group, and spe- health, and promote the collection and children, and for their elderly. Family cific populations within this group, do dissemination of data and enhance members are crucial for small busi- experience disparities in health and medical research. nesses and educational opportunities. health care. For example, AAPIs have Close to 2 million AAPIs wait years, the highest hepatitis B rates of any ra- Mr. Speaker, I would also like to ex- sometimes even decades, in order to re- cial group in the United States. tend my gratitude to the patriotic men unite with their families in the United b 2030 and women serving our country in the States. AAPI families who seek to be military, including the 62,378 AAPIs This week, health advocates from reunited with their family members who are on active duty in the military, around the country will be partici- overseas have not seen their dreams and the 7,904 AAPIs who are currently come true because of our dysfunctional pating in a National Awareness Cam- deployed in the global war on ter- immigration system. We need com- paign to bring attention to and educate rorism. I also commend and thank the prehensive immigration reform to ad- their communities about prevention of 446,000 AAPI veterans who have fought dress these backlogs. hepatitis B through testing and vac- for our country. cination. In the United States, 12 mil- And education: In addition to immi- I would like to highlight and honor gration reform, expanding educational lion people have been infected at some time in their lives with the hepatitis B the Filipino veterans who have not access for all Americans is also a high been compensated or recognized for priority for CAPAC. Mr. Speaker, as virus, and more than 5,000 Americans die from hepatitis B related liver com- their service, which I believe is a na- Americans, we need to ensure that our tional disservice to these brave vet- children receive a quality education by plications each year. Asian Americans and Pacific Island- erans. As a country, it is our duty to providing adequate teacher training, ensure these veterans have equal ac- funds for after-school and extra-cur- ers account for more than half of the chronic hepatitis B cases and half of cess to all of the benefits and treat- ricular activities, and ensuring that ment that other veterans receive. We college is affordable for every student the deaths resulting from chronic hepatitis B infections in the United States. believe that our troops should be taken who desires to receive a higher edu- care of when we send them into battle cation. In order to break the silence sur- and that they should be given the re- According to the U.S. Census, 41 per- rounding this deadly disease and bring spect when they return home. There- cent of Asians age 25 and over have a awareness to the American people, fore, CAPAC endorses H.R. 760, the Fil- bachelor’s degree or higher level of Congressman EDOLPHUS TOWNS, Con- ipino Veterans Equity Act introduced education. However, when the data is gressman CHARLIE DENT and I have in- disaggregated for AAPI subgroups, we troduced H.R. 366, which supports the by Representative BOB FILNER, who find that the ‘‘model minority’’ stereo- goals and ideals of National Hepatitis chairs the House Committee on Vet- type is, in fact, a myth. According to B Awareness Week. I hope my col- erans’ Affairs. CAPAC thanks the 2000 Census, only 9.1 percent of leagues will join me in educating our Representaive FILNER for his leader- Cambodian Americans, 7.4 percent of communities about the dangers of this ship on this issue. Hmong Americans, 7.6 percent of Lao disease. H.R. 760 would do justice by pro- Americans, 19.5 percent of Vietnamese AAPIs are also five times more likely viding the full benefits promised to all Americans, and 16.5 percent of Native to develop cervical and liver cancer Filipino veterans who fought in World Hawaiians and Pacific Islanders who than any other ethnic and racial group. War II under the command of the U.S. are 25 years and older have a bachelor’s Furthermore, according to the Census military. The Filipino Veterans Equity degree or higher degrees. Bureau, 18 percent of AAPIs went with- Act would eliminate the disparities and

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.108 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4537 benefits between some Filipino vet- an Academy Award for his role in ‘‘The ability of local, state, and federal law enforce- erans and restore the honor and dig- Killing Fields’’ movie. ment agencies to solve a wide range of violent nity they so deserve. With Congress- In 1985, Ellison Onizuka, grandson of hate crimes based on religion, sexual orienta- man FILNER as the Chair of the Vet- a Japanese immigrant, became the tion, gender, gender identity, national origin, or erans’ Affairs Committee, we have a first AAPI astronaut to reach outer disability. Although a hate crime may affect great chance to get this bill to the space, and in 1986 died in the space the life of one victim, its impact reaches deep floor. shuttle explosion of the Challenger. into the community. All Americans have a right There are many firsts among the In 2000, Secretary Norman Mineta to feel safe in their community. Sadly, we re- AAPIs. I am proud of our community’s was confirmed as Secretary of Com- member Song Sun Lee, Stephen Kam Yan Li, accomplishments, and I would like to merce under President Clinton and be- and Robert Stanford, all recent victims of hate, recognize many of the AAPIs first in came the very first AAPI to hold a cab- whose lives were unjustly cut short. areas of art, film, sports, science, aca- inet post; then continued his service to As we work on legislation to improve lives demia and politics, but also emphasize America as Secretary of Transpor- for the future, we must remember the chal- that they should not be the last. tation under President Bush. lenges from the past. World War II set the In 1847, Yung Wing, a Chinese Amer- In 2001, Secretary Elaine Chao was stage for courageous acts of heroism, but at ican, graduated from Yale University confirmed as Secretary of Labor under the same time generated acts of grave injus- and became the first AAPI to graduate President George W. Bush, becoming tice and discrimination. I salute the Filipino from an American university. the first AAPI female to hold a cabinet Veterans who fought bravely during World In 1863, William Ah Hang, a Chinese position. War II and join them in their fight for full vet- American, became the first AAPI to Mr. Speaker, the Asian and Pacific erans’ benefits. I recognize the courage of the enlist in the U.S. Navy during the Civil Islander American community con- remaining comfort women and will work to en- War. tinues to fight for our civil rights as sure that their rights are protected. In 1922, Anna May Wong, in her lead Americans. Even after the internment I am pleased to stand here with my col- role in ‘‘The Toll of the Sea,’’ at the of Japanese Americans during World leagues who also recognize the efforts and age of 17 became the first AAPI female War II, we as a community did not accomplishments of Asian Americans and Pa- to become a movie star, achieving star- grow embittered or cowed by discrimi- cific Islanders in this country. I thank Chair- dom at a time when prejudice against nation; instead, we progressed and man MIKE HONDA and the rest of the Congres- the Chinese in the United States was moved forward. sional Asian Pacific American Caucus for their rampant. I am a proud member of the AAPI continuous efforts to ensure that the millions In 1944, An Wang, a Chinese Amer- community, and I am proud to be one of voices of Asian Americans and Pacific Is- ican who invented the magnetic core because we continue to serve as posi- landers are heard. memory, revolutionized computing and tive contributors to our many commu- As we celebrate, let us continue well past served as a standard method for mem- nities by investing in education, busi- Asian Pacific Heritage Month to value and ap- ory retrieval and storage. And today ness and cultural opportunities for all preciate the contributions of Asian Americans we have iPods that are smaller than a Americans. and Pacific Islanders living in the United deck of cards that can hold up to four In closing, this Asian Pacific Amer- States. gigabytes of information, all coming ican Heritage Month we take pride in Mr. WU. Mr. Speaker, it is with great honor from this 1944 invention by An Wang. our history, accomplishments and the and pleasure that I join my fellow members of During World War II, the 442nd Regi- promise of our future as we continue to the Congressional Asian Pacific American mental Combat Team of the United pave the way for a better tomorrow Caucus to celebrate Asian Pacific American States Army, comprised mostly of Jap- and a better America. Heritage Month. This May marks the 29th time anese Americans, became the most Ms. PELOSI. Mr. Speaker, today I rise in that America has recognized and celebrated highly decorated unit of its size in the celebration of Asian Pacific American Heritage the many contributions and achievements of history of the U.S. Army, including 22 Month. Asian Pacific Americans. Medal of Honor recipients, Senator I am proud to represent the city of San America has reached greatness in part by DANIEL INOUYE being one of them. Francisco, where we are blessed in our com- the accumulation of ideas from those with var- In 1946, Wing F. Ong, a Chinese Amer- munity to have a thriving Asian American and ied heritage and backgrounds. In particular, ican of Arizona, became the first AAPI Pacific Islander (AAPI) population. It is home Asian Pacific Americans have made profound to be elected to State office. to our Nation’s oldest Japantown, one of the contributions to the arts, education, science, In 1947, Wataru ‘‘Wat’’ Misaka be- largest Chinatowns, and countless other ethnic technology, politics and athletics. Asian Pacific came the first ethnic minority and the communities. Americans have played an active and crucial first AAPI to play in the National Bas- As one of the fastest growing ethnic groups role in the development of the United States, ketball Association for the New York in our country, Asian Americans and Pacific from linking the coasts of the nation with the Knicks. How about that? Islanders contribute to our economic pros- transcontinental railroad to bringing the world In 1948, two Californian divers, Dr. perity, cultural diversity, and political process. closer through development of the latest Inter- Samuel Lee, a Korean American, and Representing 11 different ethnicities, they net technology. Victoria Manalo Draves, a Filipina have a unique voice, which plays a role in the This year, Congress will be debating and American, became the first AAPIs to work that we do in Congress to improve the voting to reauthorize No Child Left Behind and win Olympic gold medals for the U.S. lives of Americans every day. the Higher Education Act. As a member of the In 1956, Dalip Singh Saud, an Indian While the debate about comprehensive im- Education and Labor Committee as well as American, became the very fist AAPI migration reform intensifies across the country, the Congressional Asian Pacific American to be elected to the U.S. Congress. it is recognized by many of my colleagues as Caucus, I am working hard to ensure that the In 1959, Hiram Leong Fong, a Chinese a hurdle that particularly affects Asian Ameri- Asian Pacific American community not only American, became the first AAPI to be cans and Pacific Islanders. Whether it is a has a seat at the table of these debates, but elected as a United States Senator and Chinese student waiting for a visa, or the also a strong voice to shape the national con- is the only AAPI to actively seek the South Asian worker waiting to be reunited with versation. Presidential nomination of a major his family, comprehensive immigration reform The Asian Pacific American community re- party. is a challenge that must be met. Their experi- mains and always will be an integral and vi- In 1965, Patsy Takemoto Mink, a Jap- ences reflect that of the first immigrants to our brant part of American society. As we take anese American, becames the first country, who dreamt of a better life for them- part in the celebration of Asian Pacific Amer- AAPI woman and woman of color elect- selves. Within the AAPI community, there is a ican Heritage Month, I urge everyone to pared to the United States Congress. beautiful diversity that reflects the ideals of ticipate more deeply in the civic life of our na- In 1971, Judge Herbert Choy, late family values, hard work, and a wonderful opti- tion. Asian Pacific American civic engagement Ninth Circuit Court judge, became the mism that our nation was founded upon. will help to define our collective future and en- first AAPI to sit on the Federal bench. Asian Americans and Pacific Islanders also sure that we move forward with determination In 1985, Haing Ngor, a Cambodian face the tragic challenge of combating hate and unity. Let us work together to build American survivor of the Khmer Rouge crimes. Last week, the House of Representa- bridges and strengthen our great nation’s di- regime, became the first AAPI to win tives passed legislation that strengthened the verse communities.

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 9920 E:\CR\FM\K07MY7.109 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4538 CONGRESSIONAL RECORD — HOUSE May 7, 2007 I encourage Congress and the American 1980s when President Ronald Reagan things we have passed here on the floor people to spend the month of May absorbing came to Washington, and with the help have made it into law. We have named the legacy, culture and achievements of the of a Democratic majority, he cut taxes. a couple of post offices and Federal Asian Pacific American community. And what happened? The economy buildings, but nothing substantial has f grew, the revenues to the Federal Gov- been able to pass this Congress and be- ernment grew, and that was a positive come law. AMERICA FACES LARGEST TAX thing. As I said, I think it is extremely im- INCREASE IN HISTORY The same thing occurred in 2001 and portant that the American people are The SPEAKER pro tempore. Under 2003 and continues. We cut taxes, al- aware that just by running out the the Speaker’s announced policy of Jan- lowing the American people to keep clock, the taxes for every American, uary 18, 2007, the gentleman from more of their hard-earned dollars, and every small business, every business in Pennsylvania (Mr. SHUSTER) is recog- the economy is growing. Revenues to America, will go up, without action in nized for 60 minutes as the designee of the Federal Government are at record this House. the minority leader. levels coming into the Federal Govern- With that, I am joined here tonight Mr. SHUSTER. Mr. Speaker, coming ment. And the facts are there. Since by my good friend from Kentucky, a to the House floor as I have for the 2003, 7.5 million jobs have been created. former business owner and a father of past 4 months to talk about the great That is more jobs that the European several children, I can’t keep count, concern that I have and to draw atten- Union and Japan combined have cre- five or six. tion to what is going to happen in the ated. Our economy has now added jobs Mr. DAVIS of Kentucky. Six United States Congress if the new for 43 straight months. Mr. SHUSTER. Six. I would like to Democratic majority does not act, in Just last month, in April, 88,000 new yield to the gentleman. just 1,335 days, the American people jobs were created in the United States. Mr. DAVIS of Kentucky. Mr. Speak- are going to see the largest tax in- Folks that had been unemployed or er, I thank the gentleman from Penn- crease in American history. I also be- happen to find themselves unemployed sylvania. I just want to say I appre- lieve, although I haven’t been able to are finding much shorter duration of ciate the leadership you have shown verify this, it is probably the largest unemployment than they had in the since the beginning of this Congress on tax increase in the history of the past. The national unemployment rate being the lead sponsor of the Count- world. And the Democratic majority remains at 4.5 percent, which is well down Crew. doesn’t have to even vote on it, all below the 5.1 percent rate which was in Both BILL SHUSTER from Pennsyl- they have to do is run out the clock 2005, and below the average of each of vania and I were small business own- and allow the tax reductions, the tax the past four decades. ers. We have lived out in the real cuts that occurred in 2001 and 2003 to world. We are not attorneys. We come expire. And only in Washington, and I b 2045 from an environment of working and have heard this said, that the majority The U.S. has grown faster than any manufacturing and distribution and lo- party is not going to raise taxes be- G–7 industrialized nation over the past gistics with real people. We know the cause they won’t vote on raising taxes, 4 quarters. Wages have increased, and burdens on making sure our employees but because they are going to expire tax relief has helped spur economic are covered with health insurance. We and people’s taxes are going to go up, growth by keeping over $1.1 trillion in know the impact of tax increases and that is not really a tax increase. Well, the pockets of Americans. As I said, if tax cuts. if you are sitting out there in middle the Democratic majority doesn’t act by For those of you joining us right America and you are making $40,000 a January 1, 2011, all those tax cuts, tax now, we would love to hear your sto- year and you have two children, your reductions we put in place for small ries, the impact on being able to keep taxes will go up approximately $2,000. businesses, for families, for individuals, more of your own money, what it has That is a tax increase. Everybody in will expire. meant to you and the ability to invest America knows that. And everybody In my State of Pennsylvania alone, in your children’s future, to build a fu- that knows how to add and subtract the average worker, the average tax- ture for yourself, to build a nest egg, to knows that if your taxes go up $2,000 or payer, will see about a $3,000 increase start a small business, to expand the if anything goes up $2,000, that is an in- in his taxes. My good friend from Flor- small business that you have. crease. And as I said, the majority, the ida, RIC KELLER, informs me that the BILL and I have heard literally hun- Democratic majority will not have to average taxpayer in Florida will see an dreds of stories since the first of the vote on it, they can just, as I have said, increase of $3,000, if we don’t act and year. We would like to hear yours. You run out the clock. extend those tax cuts. can communicate with us directly at In 2001 and 2003 and every year in the Once again, that is what we are going [email protected]. That Republican majority, we cut taxes; we to do tonight, is talk about this count- is [email protected]. cut some tax over the 12 years in ma- down. We call ourselves the Countdown At the end of the day, I believe that jority. And the new Democratic major- Crew, because in 1,335 days, if the the key principle that we have shared ity, it took them about a week, maybe Democratic majority doesn’t act, the over and over and over again is that less than 10 days to have their first tax average American and average small our focus and the focus of the govern- increase. They passed it back in Janu- business in this country, the individual ment is that the government cannot ary. And fortunately it hasn’t become in this country is going to see their create value or wealth for people. What law because they haven’t been able to taxes increase. the government can do, done rightly, is pass anything of substance that passed That money will come out of their create a playing field and a framework the House and the Senate and gone to pockets, will come to Washington, and to unleash the creativity in the Amer- the President. So, as I said, we haven’t they will not have an opportunity to ican people, to give them the oppor- seen that first tax increase, although spend it as they see fit. They won’t tunity to pursue their dreams, to pur- the Democratic majority did in fact have an opportunity to save it for their sue a future, to build a future for them- vote on a tax increase and it passed retirement, or their children’s college selves, and ultimately we start that here in the House. education or future education. So it is process by making sure that people can I hope my friends on the other side important that we draw attention to keep more of what they earn. will take a lesson from history and what is going to happen here in Con- When you have control over your look back to the 1960s to President gress. money, you are going to invest it in John F. Kennedy and what he did in his The Democrats won a majority in the such a way that it makes a difference term as President. One of the first election and they said first of all that for you, your family, ultimately for things he did was to cut taxes. And they were going to have ‘‘6 for 06.’’ your community and the country. That what happened in the 1960s? The econ- They have passed all six of those in the is why we say we want to create tax- omy grew, revenues to the Federal House, but nothing of what they payers, not raise taxes. Government grew because of those tax passed, none of those six have made it It has been a few weeks since we were cuts. And then look back just into the into law. As I said earlier, very few able to get together here on the floor

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MY7.055 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4539 as we have been counting the days principles work by allowing people to it is. But we appreciate his coming since our first session the second week keep more of their own money. down and being able to walk us of January when we began sharing My question in fact to folks is if you through some of what is happening in what was ahead. We predicted at that had to write that $2,500 check, what do the Tax Code and the burdens it is time that there would be tax increases you want to get in return for that? At placing on businesses and families. coming. the end of the day, we want to get With that, I yield to a good friend Much of the change in the election something that is going to make a dif- from Texas, Mr. CONAWAY. was not driven by fiscal policy. It was ference for our family, our community Mr. CONAWAY. Mr. Speaker, I thank driven by anger or resentment or emo- and our country, and not fuel empty my good friend from Pennsylvania and tion related to the national security rhetoric, particularly spending on pro- good friend from Kentucky for coming situation. But as people are waking up, grams that aren’t necessarily going to down here tonight to talk about what I am traveling in different parts of my add any value. the Countdown Crew has been talking district, many folks upset about that 180,000 jobs were created in March about, and that is the pending tax in- said, ‘‘I didn’t realize I was voting for alone. As we travel throughout our dis- crease that is looming large on the ho- a tax increase.’’ In fact, what was tricts, I hear stories in a wide variety rizon. voted on in the House last month with of industries, many of them I have Part of the problem as I toured Dis- was the largest tax increase in Amer- shared here on various evenings as we trict 11 during the Easter break was ican history. have come back to Washington, D.C., that because the actual tax law change My friends, that is not a solution to the successes that people have had by is still years away, many people in the the country’s challenges. By raising being allowed to keep more of their district are not paying as much atten- taxes, we limit opportunity. By raising own money and build a future in their tion to it as I think they should. It is taxes, money comes out of our commu- hometown, in the heartland, and not kind of like the fellow who fell off the nities, it comes out of working fami- send it to bureaucrats far away. 10 story building. As he passed the 5th lies’ pockets, it comes to bureaucrats I would like to invite my colleagues floor, he was heard to say, ‘‘so far, so in Washington. from Texas, Congressman CONAWAY and good. So far, so good.’’ When some of my colleagues on the Mr. SHUSTER, to continue the dialogue We have fallen off the building. Janu- other side made comments about want- with some of these examples. But if ary 2, when the Democrats took over ing to reduce the deficit and spending, you just joined us again, we are the the House, we fell off the edge. It took they didn’t want to reduce spending. [email protected]. We them 14 days to raise taxes on the oil What in fact they wanted to do was re- would like to hear your stories. We business, the first tax increase, and we duce defense spending, but not reduce would like to hear your testimonials, are much like that gentleman who was spending on other programs. Indeed, how it has made a difference for you in in midair headed to an abrupt halt that spending has increased under this creating jobs and small businesses in when he hit the ground, and that is the budget. What we are looking at over 5 our local communities where 88 percent misguided idea that so far, so good; so years is an estimated $900 billion tax of all new jobs created in this country far, so good. increase. That is going to be dev- come from. Back in March, these chambers heard astating to the economy. It is not going to come from giant an incredible amount of rhetoric about In Kentucky alone, I come from a corporations. It is certainly not going the budget and if you had just tuned in, district that is very diverse with agri- to be created from liberal policies of you didn’t really know which side was culture, manufacturing, distribution, the folks on the other side of the aisle. which. Basically what you heard was a logistics. We have river industries. We It comes by you producing your future, schoolyard squabble in which our side have the largest inland port in North chasing your vision and investing your said yes, you are, and their side said America with the Port of Ashland-Hun- dollars to build that. no, you’re not, and yes, you are; no, tington, where much of our Nation’s With that, I yield back to the gen- you’re not. We went back and forth, energy supply transits. Our average tleman. and I don’t know that any of us really working family in Kentucky is going to Mr. SHUSTER. Mr. Speaker, I appre- adequately explained to the people lis- see a tax increase of $2,563, right off the ciate the gentleman talking about this tening, Mr. Speaker, why both sides bottom line. When I think what we tonight. I think it is important that claimed the exact same set of facts could do with that, I have got my sec- you point out that it is not the govern- with two totally different interpreta- ond child going into college now, I ment that creates jobs, it is small busi- tions. Let me try to be a little instruc- think of what we could do with $2,500 is nesses. We do want to hear your sto- tive on that tonight, as best I can. immense. ries. We want to hear what you have The current tax law says that in 2011 We look at the counterpoint, I look been able to do with that tax cut that most of the tax breaks as we refer to to the gentleman’s point earlier re- you received, either in your business or those that were enacted in 2001 and 2003 garding what happened when taxes your family, and those stories, we will expire on their own. Back in 2001 were cut by President Kennedy, what would like you to e-mail them to us at and 2003, the Senate, the Democrats happened when taxes were cut by [email protected]. particularly in the Senate, invoked the President Reagan, what happened when If you don’t want to send them to us, Byrd amendment or the Byrd rule, I taxes were cut by President Bush and send them to your Member of Congress. guess, which restricts tax law thinking the Republican Congress at that time, Let your Member of Congress know to a 10-year window. In other words, we at a very difficult period in this Na- how important it is that this Congress handcuff ourselves with respect to tax tion’s history as we entered into war, acts to extend those tax cuts before policy in some artificial time frames just prior to the 9/11 attacks. There was they expire. They are going to expire that may or may not make sense. a recession in 2001 that was inherited anywhere from the end of this year in It is unfortunate that we do it that from the prior administration. 2007 to the end of 2010, and if we don’t way, but that is kind of the ground What we have seen is record revenues act, run out the clock, we are going to rules we have. We could spend nights to the Federal Government by reducing see this huge tax increase and you are and nights talking about how we could taxes. By raising the ceiling, in fact not going to have that money in your reset the ground rules and have a much pushing the burden upward on taxes pocket. It is going to be spent to Wash- better way of developing tax policy in and reducing the burden on working ington and the bureaucrats and politi- this House that would make much class families, taking millions of peo- cians are going to spend it. more sense. ple off the tax rolls, by creating a 10 It is a great privilege to have with us But, nevertheless, that 10-year win- percent tax bracket, has resulted in the here tonight a colleague of ours from dow restricted the elimination of the creation of 7.5 million jobs, record rev- Texas, who more importantly than death tax, the tax rate decreases, the enues to the Federal Government, and that is a CPA. He understands the Tax marriage penalty, the earned income that done in a time of war. What that Code better than most of us, although credits, that we wanted to make per- tells me is that these principles work; I don’t know that anybody understands manent that left this House. The bill that Republican, conservative fiscal the Tax Code, as large and complex as that left the House would make all of

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.111 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4540 CONGRESSIONAL RECORD — HOUSE May 7, 2007 those things permanent. But the com- didn’t raise the taxes necessary to do But what is the correct tax rate on promise in the Senate, in order to get that. capital gains? I know what the Tax it out and passed the obstructionist The manager of the time that after- Code says, but what should that rate Senators, Democrat Senators at that noon actually said from the micro- be? What should we tax earnings from time, we were limited to 10 years. phone right over there in the middle, capital gains and interest and divi- We are now coming on to the end of we are not raising taxes on any Amer- dends? What should the tax rate be? that time frame and existing law says ican. What they are doing, though, is What is magic about the current num- that on January 1, 2011, tax rates, as an basically taking an advance on next ber? Should it be twice that, half that? example, the top rate, which is now 33 month’s salary. What they did was said It is not like math classes where you percent of earned income, will rise to taxpayers who have an adjusted gross went to the back of the book and the 39.6 percent, a 20-plus percent increase. income of more than $5 million, which even or odd-numbered questions had The bottom rate, which is currently 10 is a relatively small group of people the answers. There is no back of the percent, goes to 15 percent, a 50 percent and not a crowd that draws much sym- book. I will pose the same question tax increase on the folks who make the pathy among folks, we are going to in- about earned income. A person working least amount of money in our society. sist that they advance their tax pay- for Parker Drilling Company in West So what is happening is that the Demo- ments a little quicker than they would Texas or UTI Patterson Drilling Com- crats are hiding behind the operation have otherwise. The overall tax that pany, folks who work hard and under- of law as it currently exists to say that they are going to owe is not going to stand what work is, what you and I do they are not raising taxes. change, but we want them to pay in an here, we call it work but it is not work But the proof is in the pudding, be- amount a little quicker. in the tradition that I understand hard cause in their 5-year budget window However the CBO scored that cash work is. What should we tax that guy that they have presented and passed flow, they scored it as a positive which or that woman for their earned income, through the House and that we will ap- allowed them to wink and say yes, we their work? What should we tax ac- point conferees on tomorrow, spends now have conformed with our own countants and doctors and lawyers for the money that gets raised in the budg- PAYGO rules. the work that they do day in and day So the Blue Dogs have to explain to et window of 2011 and 2012. So the out, providing the services and goods us how their new version or definition Democrats actually let it work as it is we want? What is the correct rate? of PAYGO works where they can sim- We have rates in the code. We think supposed to, as it is going to, without ply advance moneys out of next the rates that have been in place for intervention by the Republicans, and month’s salary, in effect, and that the last 7 years may or may not be the Federal tax collection scheme will somehow meets the PAYGO standard. right, but they have helped produce an collect an extra $400 billion in 2011 and Tomorrow we will debate this issue economy that has boomed and is con- 2012. that the tax rates happen on their own. tinuing to grow. Our colleagues on the other side of We intend to not let it happen. But in Now Ronald Reagan said the stuff the aisle say they are not intending to order to do that, they have to raise you don’t like, you ought to tax it. If allow the tax increases on those 10 per- taxes somewhere else. So they have to we don’t like people working, we raise cent brackets, et cetera, et cetera, to take that 39.6 new rate in 2011 and raise taxes. actually happen. That we need to trust it even higher in order to make up for As we have this debate night after them. That their intent is to not allow reducing taxes on the folks at the bot- night and year in and year out, let us that to happen before this 2011 time- tom of the deal. talk about the idea what should the frame. Republicans have said that this is a correct rate be. Regardless of the Byrd But the problem is, they spent the tax increase. You allow it to happen. rule and regardless of the 10-year plan money that is raised. So in order to off- You have the choice to not allow it to and regardless of the budget act non- set under their definition of PAYGO, happen. You allow it to happen and you sense that we have to tie our hands that they invoke from time to time, spent the money. So both sides have with, what ought to be the rate? Is and they change this definition, by the got arguments that have some sub- there a better tax collection scheme way, from time to time. stance of truth, some version of truth than the one we currently have? b 2100 in them, and you have to look at the Should we go to a national sales tax or total package. flat tax? Let’s begin to have those dis- Mr. DAVIS of Kentucky. You might But at the end of day, at the end of cussions. want to share about the idea of PAYGO their 5-year budget window that we I have spent 30-plus years helping cli- which means something to us as Amer- will be debating tomorrow, good Amer- ents comply with this incredibly dif- icans and means something very dif- icans will pay in another $400 billion in ficult Tax Code. No, I am not an expert ferent in this Congress. It is not how taxes. And guess what, our colleagues in it. I have some background and some you balance your checkbook at home. on the other side of the aisle found a depth, but this thing is incredible. We Mr. CONAWAY. Yes. We recently place to spend it. They didn’t reduce have narrow experts in the accounting passed the D.C. Voting Rights bill the deficit. They didn’t reduce the na- world who take on various segments of which is a separate conversation. It tional debt or put it into a rainy day it who don’t know the full deal. It is in- had a modest amount of money in fund, or save it. They spent it. Their credibly complex. Let’s begin to dis- terms of D.C. modesty. In terms of Dis- rhetoric to the contrary that they are cuss how should we collect money? trict 11, there aren’t very many people not raising taxes is hollow at best How should we collect the minimum out there who have a deposit slip big given the action that their budget will amount of money needed to fund this enough to deposit the $14 million that actually do. Federal Government in ways that are it is going to cost. It will cost $14 mil- I want to talk a little bit about over- fair, simple, straightforward, easy to lion to add two additional Members of all tax policy in this country, if I can. comply with, and don’t cost the esti- Congress. I pose this idea. We tax capital gains, mated $260 billion a year that Ameri- The bill that was passed violated dividends and interest at rates that are cans spend complying with this incred- PAYGO on its face. They had a con- less than the rate we tax earned in- ibly complex code. voluted rule that said even though that come. So what we are saying is as a This code has all sorts of winners and bill has passed the House, if we don’t policy of this government, we think losers. As we begin to talk about pass the fix, the PAYGO fix, then nei- that hardworking people who sweat PAYGO, and you look at the tax in- ther bill will actually pass. So they should pay higher taxes than our creases that the Democrats will pro- winked at themselves on the first bill, money does when it is working for us pose, every one of those have winners saying we are going to fix the $14 mil- in the capital markets. Now that is an and losers. Every one of those pit some lion hole. interesting philosophy and one that segment of society against the other, Then the next bill that came forward has been accepted around these halls some level of wealth against another, to fix their PAYGO issue did not raise for a long, long time, and we can have and I don’t think that makes for a good taxes on anyone to pay for it. They did a debate whether or not that makes way to do things, to create this con- not cut spending anywhere, and it sense. stant tension between taxpayers. We

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.112 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4541 are in this all together. We all want nearly twice the rate of inflation while and her retirement. Fortunately, she the Federal Government to work as ef- shorting our men and women in uni- has a supplemental Medicare insurance ficiently as we can. form in the mid-1990s as an administra- plan to help offset some of the addi- Mr. DAVIS of Kentucky. I go back to tion priority. tional cost. Yogi Berra’s old saying about deja vu Then radical Islamic extremism But if you take an elderly couple all over again. You talk about what the intruded itself upon the United States with a $40,000 income, their tax bill is right tax rate is and how do we explain on 9/11. We had been dealing with it be- going to rise 156 percent in 2011 from it to the American people. I think it fore then, but like the old saying of the $583 to $1,489. So we have helped them would be helpful if the Democrats Purlator man commercial, ‘‘you pay reduce the average cost of their pre- would simply tell the truth. me now or you pay me later.’’ scription medication by $1,200, but we The reason I lay this out, as a former Now we are in a big catch-up situa- will increase their taxes by $1,400 by small business owner, I remember in tion from a national security stand- what the Democratic Congress intends 1992 being told stories by then-can- point of things that could have been to do by simply not doing anything. didate Bill Clinton how he was not handled 10 years ago. They are going to allow these cuts going to raise taxes. President Bush at I think back as a small business which have had so much positive im- the time made the statement that Clin- owner, what were the costs that were pact on the communities and the coun- ton ran saying he wouldn’t raise taxes, taken away when I invested in the gov- try expire. and then turned around and made a ernment? Well, the additional tax Mr. SHUSTER. I think it is ex- deal that raised taxes, damaged his money, we saw no benefit of that. I saw tremely important to point out that credibility and hurt the economy at my clients hurt. I saw manufacturing only in Washington, D.C. and the ac- the time. companies hurt, and I saw other ma- counting we use here, and I know that I was getting ready to step out into chine tool companies hurt by increased the Democratic majority when they the entrepreneurial world and leave the environmental compliance and the in- were the minority would say that we software industry to start my own creased cost of regulation. And the at- were cutting spending on programs business. I had manufacturing clients tempts to manage health care from a when we were in the majority when ac- national perspective actually drove that wanted me and eventually some of tually it would go up by 2 or 3 percent costs up. In Kentucky, by doing a plan the folks that I hired to work with me instead of the 4 or 5 percent that they that was called Hillary-lite, something and assist them in improving their wanted it to, and they would say that that was a lesser plan of the Democrat competitiveness nationally. We started is a cut when it is not a cut. that business in late spring of 1992, get- health care proposals of that same year b 2115 ting it up off the ground. We managed of 1993, we drove 45 of 47 insurance car- to feed our families that first 6 months riers out of the State, quadrupled the Now, they are saying that it is not and do all right in that time, but our cost of health care for small business going to be a tax increase because we real opportunity was going to come in owners in a relatively short period of did not vote on it, but all of us know 1993. time. To me that was the opposite of that those of us balancing checkbooks All of a sudden after Mr. Clinton be- the original intent. at home and people who run small busi- If I invest in something, I would like came President, he came before the nesses, people that are trying to save to see a return. If we spend money in American people and he didn’t say I am money, know if the Federal Govern- our community, we would like to see a going to keep my promise and cut ment takes an average $2,000 more out benefit accrue for our community and those taxes because we know that al- of your paycheck a year, that is a tax it certainly didn’t happen there. increase. lowing people to keep more of their Just on the taxes that we paid, and As I pointed out earlier, in my State own money creates a future for them. we don’t know where they went to sup- of Pennsylvania, the average taxpayer He offered me a new alternative as a port all of these programs with this in- will pay $3,000 more in taxes, and that new small business owner with employ- creased investment, we could have is a tax increase. Whether the United ees, with health plans to pay for, with hired probably three more consultants States Congress votes on it or does not taxes to pay for, with regulatory fees or nearly a third larger workforce vote on it, if you pay $3,000 more in to pay for, dealing with workmen’s which would have created more tax- taxes, that is a tax increase. compensation and disability and costs payers and which would have been This PAYGO rule, which I always that I had never known in the large helping more businesses to compete thought PAYGO meant that if you are corporate world, and he invited me to and would have been putting more dol- going to increase spending, you have invest in the United States Govern- lars into the Federal treasury. ment. But on the other hand, now we found got to find a way to fund it, and that is I looked at this as a small business ourselves at the end of the Clinton ad- increase taxes or offset it by cutting owner and a former military officer. I ministration needing to come out of a spending elsewhere. Quite frankly, I do thought my investment in the United recession. We have reduced taxes and not know what PAYGO means under States Government should be first in we have moved to simplify regulation. the Democratic majority anymore be- providing for the national defense, how But because of the actions last Novem- cause they find loopholes and excep- was I going to promote the general wel- ber, I believe that my colleagues on the tions and make changes to it. So, once fare as the Constitution would ask us other side of the aisle sincerely but in- again, this funny accounting in Wash- to do, I would hope in infrastructure, correctly have interpreted that elec- ington, DC continues to proliferate in projects that were going to be seed tion as another opportunity to affirm under the Democratic majority. money to create more jobs and to stim- their desire to have small business I think it is important that, as my ulate the economy in our area. But owners invest. friend from Kentucky talked about his what did we get, the largest tax in- And the truth of the matter is that if experiences with small business, that crease in American history at that 88 percent of our jobs are created by we get Americans to e-mail us at the time, actually a fraction of the one small businesses owners, the last thing [email protected]. E- that was passed in this recent liberal we want to do is tax those who are mail us what you have been able to do Democratic budget. going to be starting those companies over the past couple of years with We reduced the size of our military and starting those family enterprises. those tax cuts, whether you are putting and we weakened national defense by Again, in 1,335 days from now the av- it back in your business and increasing taking several divisions out of the erage family in my State will have a your workforce or making it more effi- standing Army, reducing the size of the $2,563 tax increase. You mentioned the cient, selling more products by expand- Marine Corps, reducing the size of the 50 percent increase that is coming for ing markets; or if you have a family Navy, reducing the airlift capability in those in the 10 percent tax bracket. and you are able to save $2,000 or $3,000 the Air Force. That benefited 1.2 million people in my because of the elimination of the mar- We increased spending in social pro- State, but let’s look at senior citizens. riage penalty or the doubling of the grams. We increased the mandatory My mom lives on a fixed income child tax credit, how were you able to spending rate in social programs to right now. She draws Social Security take those dollars and employ them in

VerDate Aug 31 2005 04:18 May 08, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.113 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4542 CONGRESSIONAL RECORD — HOUSE May 7, 2007 your household and your business to pay any taxes. So, in an attempt to get amount on Form 8914, line 6), and go to make your lives better. at those deadbeats making all that line 2. Otherwise, enter the amount I think that is extremely important money, and now in all likelihood those from Form 1040, line 38 (minus any that we hear those kinds of stories. folks hired folks who will say this ar- amount on Form 8914, line 6), and go to Once again, I want to point out if you gument, I have talked about that, but line 7.’’ are unable to or do not want to e-mail nevertheless in an attempt to get at 155 Mr. DAVIS of Kentucky. Our tax dol- them to the taxpayers, Congress created what is lars pay for somebody to actually write [email protected], send now known as the alternative min- this, too. them to your Member of Congress; let imum tax. In other words, Congress Mr. CONAWAY. ‘‘If less than zero, them know what you were able to do was offended that you could have peo- enter as a negative amount.’’ That is with those funds. ple so structure their compliance with line one. Again, I know all across America we the tax code in existence at that point Line 2, ‘‘Medical and dental. Enter hear those stories. My good friend from in time that they did not owe any tax. the smaller of Schedule A (Form 1040), 1 Florida and I were talking, RIC KEL- So they set in place an alternative line 4, or 2 ⁄2 percent of Form 1040, line LER, and talked about what the seniors minimum tax which started with your 38.’’ Line 3, ‘‘Taxes from Schedule A in Florida, how they have been able to taxable income and then it added back improve their housing, invest that (Form 1040), line 9.’’ certain preferences that folks, quote, Line 4, ‘‘Enter the home mortgage in- money in a nicer house, a bigger house, unquote, took advantage of so that ev- terest adjustment, if any, from line 6 of a different house because of those tax erybody paid some taxes. There is some the worksheet on page 2 of the instruc- cuts. value in that. tions.’’ So I know that, once again, we are In 1969 that went into effect. Thirty- Line 5, ‘‘Miscellaneous deductions joined by our colleague, the CPA, from eight years later, millions, literally from Schedule A (Form 1040), line 26.’’ Texas, and it is always educational to millions, of taxpayers are now caught Line 6, ‘‘If Form 1040, line 38, is over hear him talk about some of these tax up in what is known as the alternative $150,500 (over $75,250 if married filing issues. I think he wants to talk a little minimum tax. Now, today’s alternative separately), enter the amount from about the ATM. minimum tax is not your daddy’s alter- line 11 of the Itemized Deductions I went to my accountant a month or native minimum tax. This is a separate Worksheet from page A–7 of the in- so ago. He was talking to me about computation. So most taxpayers who structions for Schedule A (Form 1040).’’ how it is catching people in this web. are in this wreck have to keep a reg- Line 7, ‘‘Tax refund from Form 1040, He said in Pennsylvania, a household ular tax set of computations and an al- line 10 or line 21.’’ where there is two teachers, they are ternative minimum tax set of com- Line 8, ‘‘Investment interest expense now approaching and some of them putations. You have got different basis (difference between regular tax and have surpassed that level where two on your assets. You have got different AMT).’’ Here is where we get that two teachers, modest income, are getting basis in your stock if you bought a set scheme thing going. caught up in the ATM, paying more of stock options, all kinds of things Line 9, ‘‘Depletion (difference be- taxes. that you have to do separate under al- tween regular tax and AMT).’’ So, with that, I yield to the gen- ternative minimum tax. You have got Line 10, ‘‘Net operating loss deduc- tleman from Texas (Mr. CONAWAY). an alternative minimum tax net oper- tion from Form 1040, line 21. Enter as a Mr. CONAWAY. Mr. Speaker, I thank ating loss that is different from your positive amount.’’ my good colleague from Pennsylvania. net operating loss on your regular tax. Line 11, ‘‘Interest from specified pri- It is actually the A-M-T. ATM is a So two schemes trying to get at how vate activity bonds exempt from the money machine. It is an ATM for the much money you owe the Federal Gov- regular tax.’’ Federal Government. ernment. Line 12, ‘‘Qualified small business Mr. SHUSTER. It is confusing to me Mr. SHUSTER. If I can interrupt the stock (7 percent of gain excluded under because you put the card in and you gentleman for a minute, if I am going section 1202).’’ Line 13, ‘‘Exercise of incentive stock get money out. to my CPA or the person who does my options (excess of AMT income over Mr. DAVIS of Kentucky. One point of taxes, because she has to calculate two regular tax income).’’ order here to point out. The ATM right different sets, it costs more money to now is going to be the American people Line 14, ‘‘Estates and trusts (amount calculate your taxes. from Schedule K–1 (Form 1041), box 12, for the Democrat tax program. They Mr. CONAWAY. Oh, absolutely. When code A).’’ are going to have the largest tax in- you turn on a television program that Line 15, ‘‘Electing large partnerships crease in history. is going to have some adult content in (amount from Schedule K–1 (Form Mr. CONAWAY. There is plenty of it, most of them say, viewers, give you 1065–B), box 6).’’ truth in the ATM issue, but the alter- a warning that this next program may Line 16, we are halfway there, folks. native minimum tax is AMT. not be suitable for young children. ‘‘Disposition of property (difference be- Mr. SHUSTER. I apologize. Like I Well, I am going to give a warning that tween AMT and regular tax gain or said, it is confusing to me because they what I am about to go through may not loss).’’ Again, two separate computa- just keep on take, take, take just like be suitable for young children. tions. the cash machine at the banks. This is Form 6251. Form 6251 is a 2- Line 17, ‘‘Depreciation on assets Mr. CONAWAY. That is exactly page form that every taxpayer who is placed in service after 1986 (difference right. I thank my colleague. caught up in the alternative minimum between regular tax and AMT).’’ The Internal Revenue Code, 1986, as tax has to complete. Internal Revenue And line 18, ‘‘Passive activities (dif- amended, is incredibly complicated, as Service agents, when they audit you, if ference between AMT and regular tax we have already talked about. If you you have not put this form in your tax income or loss).’’ look at most of the provisions in there, return, they will fill one out for you, Line 19, ‘‘Loss limitations (difference many of the provisions in there, they thinking that maybe you screwed up between AMT and regular income tax have a history. They have a reason for and did not fill it out. It is in the in- or loss).’’ being. We are trying to manipulate our structions on how you audit taxpayers. Line 20, ‘‘Circulation costs,’’ that is economy. We are trying to manipulate It is a 2-page form. There are 10 pages not physical circulation. I think that is conduct. We are trying to do some- of instructions to Form 6251, and it is newspapers. ‘‘(Difference between reg- thing, manage something. If you look relatively mind numbing to go through ular tax and AMT).’’ Here they reverse at the alternative minimum tax, there these instructions. I want to just kind the order. Previously it was alternative is actually a story there. There is a of walk you through the first 28 lines minimum tax versus regular tax. history there. quickly on this form. So hang on for Mr. SHUSTER. They claiming a cir- Back in the late 1960s, Congress dis- dear life. culation off of my brain. covered that there were 155, no com- It starts off: Line 1, ‘‘If filing Sched- Mr. CONAWAY. Line 21, ‘‘Long-term mas, 155 taxpayers who made more ule A (Form 1040), enter the amount contracts (difference between AMT and than $200,000 in 1966, but they did not from Form 1040, line 41 (minus any regular tax income).’’

VerDate Aug 31 2005 04:18 May 08, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.115 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4543 Line 22, ‘‘Mining costs (difference be- children a lot in the schools who go being able to invest it, being able to tween regular tax and AMT).’’ They around talking with my own kids, save it. I think a lot of times Ameri- keep switching back and forth. Daddy, where do the police come from, cans feel helpless, hopeless over this Line 23, ‘‘Research and experimental where do the school teachers come tax situation. costs (difference between regular tax from, where does the library come You get that paycheck, and as my 18- and AMT).’’ from. Ultimately, that comes from our year-old daughter just got a paycheck, Line 24, ‘‘Income from certain in- local communities, from taxes. It is came home, showed it to me and said, stallment sales before January 1, 1987.’’ property taxes in the vast majority of why did they take so much out? I said, Glad you are keeping up with that. our taxes that pay for our schools. well the good news for you is they are Line 25, ‘‘Intangible drilling costs My oldest daughter is about to grad- going to give you most of most of it preference.’’ uate from college soon, and she is back, because you’re not going to make Line 26, ‘‘Other adjustments,’’ you going to become a schoolteacher and the minimum. have always got to have other, ‘‘includ- getting ready to move out into the But as I said, Americans feel helpless ing income-based related adjust- economy and very excited on the one or hopeless in a tax situation, but ments.’’ hand, but also concerned about the tax they’re not. Americans really have to Line 27, ‘‘Alternative tax net oper- structure that is going to be facing her pay attention to what’s going on here ating loss deduction.’’ in Washington. As we said tonight send And finally, line 28, you get to ‘‘Al- and the incentives to advance her education, the burdens that are going to us your stories at ternative minimum taxable income.’’ [email protected] or And there are some instructions, be placed upon her just from what she has seen in the workforce. The quality send them to your Member of Congress though. ‘‘Combine lines 1 through 27. and tell them what you have been able (If married filing and line 28 is more of our schools is largely funded by local jobs in our communities that pay those to accomplish with those dollars that than $200,100, see page 7 of the instruc- you get to keep in your pocket because tions).’’ property taxes, people who can buy homes, and if you do not have a job, it they are not coming to Washington. That is just Part I. We will save Part Make sure you are talking to your becomes very difficult to make that in- II and III for a future date to work you Member of Congress, communicating vestment in a home. through that. with him, telling them that you don’t If we do not have small business own- Mr. SHUSTER. I do not know if I can want to see taxes go up. You don’t ers creating jobs, we are not going to take it. You have just made the case on want to see the largest tax increase in have those local taxes to be able to why we need to scrap this tax code and American history. You want them to make the investments that are nec- start with something new. I do not keep their tax rates low. Although essary in public safety, in public know. many Americans are looking at those works, that keeps the water running in Mr. CONAWAY. This is the alter- tax rates today, think they are high, native. The regular tax code is much our house, that keeps the electricity they are lower than they were 4, 5, 6, 7, simpler. It is straightforward. moving, that keeps our roads paved 8, 10 years ago. Mr. DAVIS of Kentucky. I think the and being able to expand and ulti- This Congress has to act. This Con- one thing that gets lost in all this, too, mately to be able to invest in quality gress has to act before all those tax I remember when I was young and I did of life in our communities. cuts expire by December 31, 2010, and a little work on the side when I was b 2130 the gentleman is signaling me. We first in the aerospace industry and I This is one of the reasons we have want to make sure that the American thought it was so great to make a lit- people are communicating to their tle bit of extra money basically to pay this 1,335-day countdown to the largest tax increase in history, that the Amer- Members of Congress that they want us for Christmas, and when I went in to do to stop this tax increase that’s going to my taxes the following spring, I found ican people need to know that when they can keep more of their own occur, a tax increase that the Demo- out that at the very low-income level I cratic majority is saying, they are not money, there are results. I don’t want was at, because it was independent con- going to increase taxes because they to see the average Kentucky family tractor work, that heralded the alter- are not going to vote on it, which is have an unnecessary tax increase of native minimum tax and almost made just hogwash. The taxes are going to go $2,563. We will find the benefit, not in it not worthwhile to have expended the up for individuals across this country, complex tax documents like that, but many hours that I did on the project. businesses across this country, if this simply by allowing people to keep their I think what gets lost, what Mike Congress fails to act in just 1,335 days. was reading here, I still am marvelling money to invest in the future to follow f that our tax dollars paid to create such their vision and ultimately to build a behemoth, that we were investing in that nest egg for their children. HEALTH CARE IN THE UNITED something like that, which gave me a Mr. SHUSTER. I am getting ready to STATES headache just listening to it. Although close. The gentleman from Texas The SPEAKER pro tempore. Under I could see the goose bumps there. seemed pretty worked up about getting the Speaker’s announced policy of Jan- But other than being a job creation something out. Do you have something uary 18, 2007, the gentleman from program for accountants, most of else you want to get out here? Texas (Mr. BURGESS) is recognized for whom do not like the complexity of Mr. CONAWAY. The IRS on some of 60 minutes. many of these rules because of what it the forms gives an estimate of how Mr. BURGESS. My colleagues filled does to their clients, I think we need to much time they think it takes tax- the last hour with discussion of what is look at a more human side of the im- payers to comply with a particular sublimely intuitive to the most casual pact that regressive taxes have. By reform. I was looking through the in- of observers of the American scene, the ducing taxes, by allowing people to structions real quickly to see if they IRS code. keep more of their own money, it cre- had this made that estimate. Now we are going to go to something ated jobs, over 7 million jobs. It has Mr. SHUSTER. I have the time esti- a little more complex and that’s health kept our money local. mate, if you are filling out your own care in the United States. I think that one of the things I would taxes it’s anywhere from 8 hours to 27 The question I get asked a lot of like to point to for folks here who are hours, if you did it yourself, which is a times, because I spent my watching the Countdown Crew, and you considerable amount of time for an in- precongressional career as a physician, can contact us at dividual. how did we get into this situation? How [email protected], we Mr. DAVIS of Kentucky. I think it did we get the health care system that want to create taxpayers, not raise was 6.4 billion hours were taken this we have today? More importantly, taxes. By creating taxpayers, there will year. where are we going within our current be more revenues that go for all of our Mr. SHUSTER. Right, $265 billion. system? communities. In closing, I just wanted to point out, We currently have a system that is But at the local level, oftentimes the as the gentleman mentioned, the im- based upon both the aspects of the pub- question comes up and I hear it from portance of keeping your own money, lic-provided system, the government-

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.116 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4544 CONGRESSIONAL RECORD — HOUSE May 7, 2007 provided system and the private sys- be a significant issue, as more and and then, of course, the situation, the tem. We have a system that does have more people my age get successively economic situation, in some cases, a a significant number of individuals who older and older, is how do we deal with very dire economic situation that oc- lack coverage. They may not always the problem of long-term care facing curred on the ground in Europe as the lack medical care, but they do lack this country? Well, let’s go on a jour- war ended. coverage for that care. Some of the ney. Let’s talk about the American It’s not the purpose of this discussion things we are going to be, of necessity, health care system. tonight to actually provide a compare focusing on this in Congress is the re- For the purposes of this discussion, and contrast with the European sys- authorization of the State Children’s we don’t have time to go all the way tem, though that might be interesting Health Insurance Program. We will back to the beginning when our coun- to do, but take where we were at the also be talking about reauthorizing the try was founded, though it is important end of the Second World War, the be- Federally qualified Federal health cen- to always note that while the ginning of the great economic expan- ter program. forebearers of today’s legal profession sion that characterized the post-war Health savings accounts have actu- were drafting documents like the Dec- years in this country, insurance being ally been around now for 10 years. It’s laration of Independence and the Con- provided by employers, employees very appropriate to look back on where we stitution, the forebearers of my profes- happy with that, employees having have been with, first, medical savings sion, Dr. Benjamin Rush, was treating good coverage, doctors being happy accounts and then the expansion that people with leeches. We have come a with that, because that coverage occurred with the Medicare moderniza- great distance since that time. meant that hospitals and doctors were tion act in 2003 with health savings ac- But if you look at just the modern reimbursed, and the situation was counts. Association health plans are era, the time since the end of the Sec- going along, some problems, of course, not getting as much attention this ond World War, when truly some of the and some people in this body, 20 years year as they have in past years, but big differences that developed between later, said, we need to do better than what we are doing, because after people they are important, and we do need to European countries and America, some are no longer employed, and they, per- think about those in the overall pic- of those differences, in fact, have their haps, lose that health insurance, what ture of where we are going with Amer- roots in the Second World War. In America, of course, in order to prevent are we going to do then? ica’s health care. Twenty years after the end of the Medical liability reform, probably problems with an inflationary spiral Second World War, in 1965, we had the one of the more contentious things that threatened to go out of control, rise of a new system, took probably 4 that we have tackled in Congress since President Roosevelt put price controls to 5 years for it to actually work its I came here in 2002 he 2003. We still, as on wages and said people could only way through Congress. It was, just like far as a Nation, do not have an answer earn so much. today, a situation like this, was by no Well, employers wanted to keep em- for that question, but several States means easy. In 1965, President Lyndon ployees working, they wanted to keep have done things, including my home Johnson signed into law the Medicare employees happy. They asked a ques- State of Texas, and also that is one of bill that primarily focused on hospital tion, could we provide benefits to our the things that I want to touch on to- care for the elderly in addition to the night. employees. Can we provide, perhaps, hospital care. In addition to the part A One thing that does concern me health insurance or health care bene- of Medicare, there was also developed a greatly is the physician workforce fits for our employees and not have part B of Medicare that was a reim- today and the physician workforce of that as part of the Federal price con- bursement for physician-necessitated the future. I will be spending consider- trols that were in effect, or Federal services. But we had the parts A and B able time talking about things that we wage controls that were in effect at of Medicare that came into being in the might do, the things that are within that time? mid-1960s, another 40 years before Con- our grasp to do to help ensure that the The Supreme Court looked at it and gress made a significant change to the doctors of today continue to deliver said, that’s reasonable. You can do Medicare system by passing the Medi- care for our patients, whether they be that. You can provide the health care care prescription drug act. in the government sector, or the pri- benefit for your employee, and you will Now, my father was a physician back vate sector, and ensure that we encour- not be violating the provisions of the in 1965, and I used to tease him that in age the best and brightest among our wage control provisions that were en- 1965, when the Medicare system was young people to go into, to look at acted in the Second World War. first enacted, there were, after all, only health care as a profession, whether it Well, the system was working, and two medicines, penicillin and be as a physician, as a nurse, and one the war ended, and the system contin- Cortizone, and they were used inter- of the ancillary health services, but it ued. Because, in fact, it was working changeably. I know, he didn’t think it is important that we attract our best well, and people liked getting their in- was funny either, but the fact is, we and our brightest into those profes- surance that way. didn’t have nearly the tools at hand sions and perhaps a look at some of the It continued for a number of years. If from a pharmaceutical perspective in things that are being tried in some of you look at a country in the European 1965. Then fast forward to 2005, 2006 and the States. theater, the Second World War, wheth- 2007, ones that are just part of our ev- The States, of course, are the great er they were winners or losers at the eryday parlance, our everyday arma- laboratories in our democracy. There end of the war, they faced a humani- mentarium in medical practice. are some interesting occurrences that tarian crisis of almost unbelievable We saw this with the trustees’ report are going on in some States that are proportion. So it is no surprise that that was just released last week or the trying to grapple with the problem of even a country that was victorious, week before, where it was described coverage for individuals who lack it; like Great Britain, went down the road that 680,000 hospital beds in 2005 were and then, finally, some ancillary of national health insurance, because it not filled in Medicare, primarily be- issues. We recently passed a trauma needed to provide a great deal of care cause of the things we are doing better bill on this House. Last weekend, the in a very short period of time, and they in Medicare, treating that cholesterol President signed that bill into law. didn’t have the bedrock of the em- at an early stage with a statin and not Transparency, how do we make the ployer-derived health insurance that treating it at the end stage when car- expenditures in health care. How do we was available in this country as a re- diac surgery or, in fact, sudden death make information about cost, price and sult of wage controls that were put on may be the outcome of undiagnosed or quality, how do we make that informa- during the war. untreated heart disease. So we are tion available in an understandable for- We are often compared with Europe doing a better job of treating things mat to the average consumer of health and why our health care system looks early at the same time. It does cost care in this country, whether they be different from theirs, when both, after more money in the provision of the in the private or the public sector. all, are modern western nations. Part Medicare prescription drug act. One of the things that we don’t really of the reason does go back to this dis- There was a great deal of discussion talk about that often, but is going to crepancy that occurred during the war, during the time that we passed that

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.118 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4545 prescription plan, but it kind of sets doing about 50 percent, and they will bill in 1996. The year 1997 was the first the stage for the debate that we are be looking to expand that. year that a medical savings account going to now have, and going to con- One of the critical questions we have was available in this country. I know tinue today. Is it better to treat things to ask ourselves in expanding that 50 that because I purchased one myself. I in the preclinical stage, is it better to percent is, are we doing a good job was concerned when I heard about the treat things in the nonacute stage, or from the government’s perspective medical savings accounts becoming is it better to wait and target your with the 50 percent that we have now? available because Congress had re- therapy toward the end process of a Are we doing such a superlative job stricted medical savings accounts such disease, which, characteristically, is that in fact it is a good thing to push that no more than 750,000 would be how we handled things in Medicare pre- out or crowd out the private sector? Or, sold, no more than 750,000 would be viously. are there some areas where the govern- available during those early years of But the impetus is, of course, to be ment system perhaps could improve, medical savings accounts, and I was more preventive and proactive in tak- and some areas that perhaps it is just very concerned that I would be even ing care of patients. That is the direc- innately difficult for a large govern- able to get one. I thought that they tion in which medicine is going, that is mental system to improve and where would be so popular that that 750,000 the direction in which science is lead- the private sector can in fact do a bet- limit would be very quickly subscribed ing, and that is the direction in which ter job? and I might be left out of the process. Medicare itself should go. One of the things that is frequently It turns out I didn’t need to worry, be- So I don’t think there is any question asked, and I know I got this the years cause there were so many restrictions about which is better, the, the acute- I was in private practice was, why placed on those old medical savings ac- care model, or the long-term model. don’t we just do what they did in Can- counts that if you didn’t have that Furthermore, we will have additional ada where they have a national health M.D. degree, perhaps you weren’t going discussion, should this expand the gov- insurance in Canada and everybody is to be capable of dealing with all of the ernment share of the program, or is happy, the doctors are paid and the pa- things that you would have to deal there perhaps some room for the pri- tients are taken care of? Well, it was with. In my home State of Texas, the vate sector, and can they deliver value probably 2004, 2005 that the Canadian restrictions were such that there were within the Medicare system as far as Supreme Court came out with a ruling only two insurers that provided the providing care for patients? that access to a waiting list did not medical savings account products. equal the same thing as access to care. b 2145 Still, I found it to be a very useful type And I know I will get some criticism insurance. When I talk about the public and pri- about this, Mr. Speaker, but one of the First and foremost, it left me com- vate, let’s break it down a little bit. secrets of the Canadian system is the pletely in charge of any medical deci- Currently just in rough numbers the fact that they have on their southern sions to be made for myself and my government pays about 50 cents out of border the United States of America family. I didn’t have to talk to an HMO every health care dollar that is spent with a significant amount of excess ca- director, I didn’t have to dial 1–800– in this country. Our gross domestic pacity in our health care system; and California and get permission for a par- product is approximately $11 trillion; patients in Canada who can afford to ticular treatment. I could spend my we spend $1.4 trillion on health care. pay, who do not want to wait, simply own money and reimburse myself out The Health and Human Service budget offload their burden from the Canadian of that medical savings account. alone for Medicare and Medicaid is system and come south of the border to The downside was you couldn’t put over $600 billion. Add to that the have their problems taken care of in a very much money away each year in money that is spent in the Federal more timely fashion. the medical savings account and the prison systems, the VA health system, In the British National Health Serv- deductibles were significant, and that the Indian health system, all of the ice, of course they have developed was seen to be a significant barrier to other areas where the Federal Govern- within their country a two-tiered sys- a lot of people with getting a medical ment is involved in health care, and it tem. Some of the most expensive med- savings account. is not difficult to see that you are very ical care that you can buy today is in In 2003, the compromise that ended close to that number which encom- the country of Great Britain where up being the Medicare Modernization passes 50 percent. they very famously have free care. The Act did significantly expand what are The other 50 percent is certainly not reason you can buy private care more now called health savings accounts. all just simply commercial insurance, expensively is because, again, people The amount of money that can be put though commercial insurance makes want to buy their way out of a waiting away for a family greatly increased up a large portion of that. There is cer- list or buy their way out of the public from, I believe, $3,200 to up to $5,000 for tainly that portion which is self-funded system so that they can get taken care family coverage. The deductible itself by patients. Believe it or not, there are of in a more timely fashion. was essentially maintained, though patients who just simply prefer to pay One of the problems with a very long there were several tiered products their bills in cash and continue to do waiting list for things like an artificial made available so that that deductible so, and there is a significant number of hip or even coronary angiography for didn’t have to be as high as the highest dollars that are just contributed to the someone who is being worked up for number. You could in fact purchase an system by doctors and hospitals and chest pain is you reach a certain point HSA product with a deductible that nurses and ancillary health care pro- in life, perhaps a person in their 70s or wasn’t at the maximum. viders because the individuals whom 80s where that 6-month wait, 12-month One of the most significant things, they are taking care of have no health wait, 14-month wait or longer becomes and the reason I know this is having coverage. very detrimental to their overall tried to purchase a health care policy In the debate of how to best expand health because they just simply do not for an adult child back before even and give people more coverage, you have that many years left from an ac- medical savings accounts came along certainly can make the argument for tuarial perspective. in 1994 and 1995, there was almost no expanding the government system. My Well, what about the private sector, one out there willing to sell in the indi- personal opinion is that might not be and what about Congress’ interface vidual market an individual insurance the best way to go about doing things. with the private sector? Are we doing policy. Whether it be a high deductible On the other hand, there are many peo- things that are generally helpful or or a nominal deductible, it just wasn’t ple within this body who, Mr. Speaker, hurtful to the private sector? And what available for any price. will be talking at great length, I sus- can we do to promote policies that do Fast forward to the time after the pect, over the 18 months leading up to keep the private sector engaged in pro- health savings account legislation the next election, a great many people viding health care in this country? passed in 2003. Come to 2004, 2005, 10 in this body who will be talking about I already alluded to medical savings years later, and a young person who just that, expanding the government’s accounts. Medical savings accounts needs health insurance just out of col- role. Again, remember, we are already started with the Kennedy/Castlebaum lege, say, wants to go into business for

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.119 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4546 CONGRESSIONAL RECORD — HOUSE May 7, 2007 themselves, doesn’t want to have to lating enough covered lives to really to tackle some of the problems of the work for a big corporation to get that get that insurance company’s atten- uninsured rather than just simply ever employer-sponsored health insurance tion and perhaps drive a better bar- expanding the Medicaid system or but wants to carry their own insur- gain, perhaps get a better deal. some of the other systems that are out ance, they can go to Google or the Right now, we won’t let that happen. there to cover the uninsured? If some- search engine of their choice, type in But the fact is that Congress should one is earning a living but does not ‘‘health savings accounts,’’ and with a get out of the way and allow those have health insurance available at few clicks and a quick search they can things to occur, because it is not so their place of employment, even pro- find high deductible PPO policies sold much that association health plans are viding them that premium support so by reputable names that we would all going to bring down the number of the that they can go out and purchase in- recognize. And of course I won’t men- uninsured, but it sure will help the rate surance in the private market. If we tion any of those names, but they are of rise of the uninsured we see in this would help create and sustain that sold by reputable companies that we country, because that rate of rise is in market, I believe that the private in- would all recognize as longstanding es- a large part fueled by the cost of pur- surers would look at 42 million, 45 mil- tablished insurers in this country, and chasing health care by that small busi- lion people as a segment of market the premium would be in the range of ness person; and anything we can do to share that they would compete for, and $60 to $65 a month for a high deductible keep that cost of coverage down is we ought to give them the tools to do policy, imminently within reach of going to ultimately increase the that. that 25-year-old nonsmoking male just amount of coverage that is available. Now, currently the United States out of college in my home State of Transparency, I mentioned before, is Census Bureau says there are 46.6 mil- Texas. Again, that type of policy was critically important if we are going to lion uninsured. absolutely unavailable in 1994 for any have so-called consumer directed b 2200 price, and now it is available at a price health care in this country. We have that arguably would be affordable by a got to put that information in the con- I think it’s important to stress, once lot of people who are just getting out sumer’s hands so that they can make again, that uninsured does not always of college and have their earnings at decisions about cost price and quality mean no access to health care. It may mean that the access to health care the beginning of their earning cycle. in the health care system. And I under- does not occur at the point where the And why is this important? Yes, it is stand that there is an inherent danger health care can be rendered for a lower a high deductible policy. That means, in transparency. Opacity is there for a total dollar figure, or you may not re- if you need a flu shot, you are probably reason, and that reason is generally it ceive the best health care outcome be- not going to be able to show your in- is financially rewarding for whoever is cause care has been delayed. But hav- surance card and get a flu shot; you are providing the opacity. They don’t want ing access to coverage will increase ac- going to go down to the place that everybody to know what goes on be- gives flu shots and pay the $20 or $25, cess to care. hind the curtain. One of the things that this Congress whatever is required to get the flu Again, I will reference my home did 10 years ago, long before I got here, shot. If you have money accumulated State of Texas. The very beginning of a was a program called the State Chil- in your health savings account, yes, transparency project has now gone up dren’s Health Insurance Program. It’s you can make a draw on that money to on line. Mr. Speaker, if anyone at home 10 years old. It’s going to be required to reimburse yourself for that flu shot. were interested, it is tx.pricepoint.org, be reauthorized this year. But this did But if you are even to the point where and someone can go to that, Mr. provide States some flexibility and you haven’t gotten enough of a savings Speaker, on their Web site and look at some options for providing coverage for into that account yet to go and tap that and get information about hos- uninsured children that resided within into that money, you are going to have pital charges in their area and how their State. to pay that money out of pocket, the they compare with the rest of the This was primarily to be directed to important thing is, is that after your State. Granted, there is going to need children who were not eligible for Med- flu shot you get on your motorcycle to be more information available, but icaid, whose parents earned a little bit and ride home and have an accident it is a good start, and I certainly sup- too much money to have them covered and spend a day in the emergency room port the folks at the State level who under the Medicaid system and there- and 3 or 4 days in the intensive care provided that degree of price trans- fore couldn’t, but they, themselves, did unit and face a bill that may be as parency for the citizens of Texas. not earn enough money to truly afford much as $10,000 or $15,000 or $20,000, you In talking about the uninsured, one health insurance. So this was a good do have coverage for those catastrophic of the things that will come up, and I thing. amounts. And, let’s face it, for young think we heard the President mention Coverage of children is relatively people today, trauma or accidents are it here in this House during the State cheap coverage. You pay $0.60 for what going to be one of the principle causes of the Union address, is what about the would be $1 of health care for an adult. of hospitalization. concept of that private ownership of in- You can pay $0.60, buy $0.60 worth of Association health plans, again, a surance that is paid for with after-tax health insurance for a child and get the concept that we have dealt with in this dollars? The President talked about equivalent of $1 worth of insurance for Congress the last two Congresses. It giving people a tax deduction if they an adult because children, as a general has not come up this year and the re- purchased their own insurance, not rule, are young and healthy. They tend ality is it may not. But this gives through their employer, but just went to recover from their illnesses quicker small businesses the ability to band to- out and purchased it themselves. Cer- than do adults, and money invested in gether to get that purchasing power of tainly a valid argument that can be the children’s program is, indeed, a large corporation. One of the hard made about that is, well, there are a money well spent and money wisely in- things is you go out to buy group cov- lot of people out there who don’t pay vested. erage for your small business, and they income tax. So what about the concept Some of the things that I think we say, you know what, you have got so of providing a tax credit? Some people ought to keep in mind as we reauthor- few employees that it is really not would call it a voucher; I prefer the ize this bill this year, and we will be worth our time and the cost for that term premium support. If someone is doing that through my committee, coverage is, consequently, going to be working and their employer is pro- Health Subcommittee on Energy and astronomical. But if you are able to viding the option for having the insur- Commerce, but some of the things I combine with, say, your chamber of ance but they say, you know with think we ought to keep in mind is that commerce and you can combine with a what, I still can’t afford the $200, $300, it is primarily a children’s health in- chamber of commerce across in the or $400 a month I would have to pay insurance program. next county, you can combine with a dividually in order to get that insur- The decision was made to cover preg- couple more chambers of commerce in ance; what if we provided them some nant adults, and I think that that was other cities and perhaps even across help with that premium? And might a good thing, and that should be con- State lines, suddenly you are accumu- that not be a better way to approach or tinued. But covering non pregnant

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.121 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4547 adults in the Children’s Health Insur- ute last session of Congress. It is going tremely powerful tool to put into peo- ance Program is perhaps not the best to be important to try to do that again. ple’s hands. use of those dollars. Once again, that’s an issue that will One of the disadvantages, one of the If there needs to be a program for come through my committee on En- ways we disadvantage our citizens providing additional coverage to those ergy and Commerce. We had some very when it comes to purchasing a policy adults, then let’s look at doing so, but good hearings on that last year, lead- like a health savings account is that it let’s not divert those dollars that ing up to the introduction of the bill by is paid for with after tax dollars. You should be going into coverage for Mr. BILIRAKIS, who is no longer with don’t get that pre-tax expenditure. health care for children; let’s not di- us. And that bill will come up again We could, in fact, further leverage vert those to some other purpose. And this year. the health insurance, how far a health unfortunately, we have the situation in I think that when you look at the insurance dollar could go in a family’s this country today where four States federally qualified health center, one of budget by tapping into that concept of actually cover more adults than they the things that is really encouraging to a pre-tax expense. do children. me is that a Congress, and I grant you But some of the things we have done Again, we need to get back to the it was 35 or 40 years ago, sat down and with health savings accounts, and original principle that this program agreed amongst themselves, the Mem- again, I would stress that since we was enacted, and make sure, once we’re bers on both sides of the aisle, agreed passed the Medicare Modernization Act covering all the children, once we’re what procedures, what items would be a scant 4 years ago, between 4 and 7 covering all the uninsured children in covered under that federally qualified million people have now purchased this country, then perhaps we can talk health center statute. health savings accounts. about expanding it to include adults. And to me, that’s a beacon of hope, I referenced early on that first off, But until that time, we do need to that perhaps we can work, this body back in the early 1990s or, I’m sorry, focus and make certain that we are can work together and decide on what the middle 1990s, it was going to be covering the uninsured children. are the things that should be covered; capped at 750,000 total policies. That You know, a letter to the editor back if we wanted to have an insurance pol- cap was removed with the Medicare home in Dallas this weekend I was icy, for example, that was generally Modernization Act, and as a con- reading made the comment that, of available for individuals who were cur- sequence now, at least 4 million people course, SCHIP, and they were talking rently uninsured. have purchased health savings ac- about it primarily at the State level. What are the parameters that should counts. Forty percent of those people And the State, my State Legislature is be covered? What should we encourage? were previously uninsured. That means in session right now, and they are grap- If we are going to go talk to the pri- that number of the uninsured would be pling with the questions of funding for vate sector about insurance policies higher by a factor of a million or a mil- SCHIP. that may be affordable by the Nation’s lion and a half had we not passed that But the comment was made in the working poor, what should those things legislation that expanded health sav- letter that the SCHIP program was cover, and can we ever come to an ings accounts. there for some parents who cannot af- agreement that will allow those types Making those premiums tax deduct- ford insurance; and sure enough, that’s of policies to be sold in one State or ible, that is something that, an idea what it’s there for. another, and what could we do about whose time has come, has long since And the second line went on to say getting those policies up and on the come. We weren’t able to do it during that also there are some parents who Internet to take advantage of the com- the last Congress. I know there are a are working and covered under their petitive influences that are present on number of competing influences out parents’ insurance, but they can’t af- the Internet? there, and we heard references to ford that additional premium for the You know, one of the things, again, I things like PAYGO before, so it is dependent coverage on their insurance. reference Texas a lot because I spend a going to be a tough battle. But I do be- This is some of the cheapest coverage lot of time there. But one of the Na- lieve that we need to do that. out there that we should take advan- tion’s largest automobile insurers has The low income tax credit, or the tage of. And certainly, it is available really made a big push in the Texas premium support for an HSA like prod- within the SCHIP program currently market. They’re famous because they uct for someone whose low income, for some degree of premium support. have a little green lizard who’s kind of again, an idea, certainly whose time But I certainly think we need to ex- their spokesman, the little green lizard has come. pand that, certainly, make states with an English accent, in fact, who’s Maybe we should allow employers to aware that this is available for them to kind of their spokesman. make larger contributions to an HSA use, that they can leverage those chil- But the message is that if you can go for a chronically ill employee, an em- dren’s health insurance dollars to buy online and spend 15 minutes with them, ployee who has diabetes or rheumatoid more health insurance. they can save you some money. arthritis or any of other of a number of And the other thing that we do that’s Wouldn’t it be great to provide that chronic diseases where, yeah, their extremely important, if the Federal same tool, that same device in the health expenditures are going to be Government simply takes over the health insurance market as well and higher because they were unlucky function of providing all of the insur- get the advantage of that, that very enough to have this chronic disease, so ance for all of the children, the private strong competitive market out there their health insurance may cost a little sector is completely crowded out. And that has been provided by the new bit more. But let’s allow the employer is that fundamentally a good thing or a technology of the information super- the flexibility of perhaps contributing bad thing? highway? a little bit more to that plan. I would argue that it is not in the It’s certainly had a very significant What about allowing the flexibility best interest of our country to let that beneficial effect on bringing down the for health savings accounts to coordi- happen, that the private sector does be- costs of term life insurance. And we nate with other type of things that em- long in the children’s health insurance saw this back in the late 1990s, the ployers do to make the health care in- market. And we should, while we may early part of this century. Why not surance burden for their employees not be required to do anything to partake that same competitive power and easier to bear? ticularly subsidize that, we certainly unleash it for health insurance and should not do anything that makes allow more people to be covered? b 2210 that an untenable business model be- I referenced health savings accounts Things like flexible spending ac- cause, ultimately, I think we are going before. Again, you can go on the Inter- counts. A flexible spending account to be less satisfied with the result. net and buy a health savings account where an employer contributes a cer- Federally qualified health centers. now that’s available because some of tain amount of money each year so We are going to have to, we didn’t fin- the state-by-state restrictions do not that their employee can go out and ish the work on reauthorization of the apply because of the way that legisla- have some of the first dollar coverage federally qualified health center stat- tion was written. And this is an ex- that they otherwise might not have,

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.123 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4548 CONGRESSIONAL RECORD — HOUSE May 7, 2007 because even if they don’t have a the prior Chairman of the Federal Re- stands that that is untenable. You health savings account, just the reg- serve Board, about 11⁄2 years ago came can’t keep doing that. Every year Con- ular deductible on regular commercial and talked to a group of us one morn- gress has to come in at the last minute insurance, anyone who works and has ing, talking about just things in gen- and do something to keep that from employer-derived insurance will tell eral, and the question inevitably came happening for that year. Sometimes we you that number has increased over up about Medicare: How in the world get it done; sometimes we don’t. But the past 5 or 10 years. So flexible are we ever going to pay for Medicare? the problem is every year that we put spending accounts are moneys that the How in the world are we ever going to that fix in place, we increase the price employer puts away for the employee tackle this unfunded obligation that tag for eventually getting out of that to help to use to offset some of these we have? system. expenses that may be incurred. And Chairman Greenspan felt con- If we allowed someone with a health fident that at some point some Con- A case in point: I first came to Con- savings account to participate in a gress would be able to deal with this gress in 2003. In fact, the Congress be- flexible spending account and even problem in a satisfactory way. And he fore my first term here had not passed went further; for a flexible spending ac- paused and he got quite reflective, and any appropriations bills. So the first count, at the end of the calendar year, he said, You know, what concerns me thing we were faced with was a huge it is a use it or lose it phenomenon. If more is, is there going to be anyone omnibus bill, spending hundreds of bil- the employer has contributed that there to provide the services when you lions of dollars. That omnibus bill con- money or the employee has said, I want need them? Of course he was talking tained within it a fix for the doctors. to put away a tax-deferred amount of about our physicians. Of course he was And I remember the then chairman of money into this account so that I can talking about our nurses. the Ways and Means Committee com- spend it for health care needs and try Those are words that certainly I have ing to our conference and saying, I to capture a little bit of that pretax taken to heart. And I think we do need have put a fix in there so that the doc- leveragability there, they lose that to spend considerable effort on think- tors won’t see that pay cut that they money at the end of the year if they ing about this problem and consider- got last year, and it is going to cost $52 haven’t spent it on their health care. able effort towards rectifying some of billion to do that. At that time the Why don’t we let that roll over into the difficulties that are out there so cost of buying our way out of the SGR their health savings account and let that we do, indeed, preserve the health formula and switching over to a cost- that health care nest egg accumulate care workforce that is present today of-living formula, a cost-of-living ad- at a little bit faster rate so that those and the health care workforce that we justment formula, known as the Medi- citizens who do wish to utilize the are going to want for the future. care economic index, was pegged at power of a health savings account can Last year, in order to deal with this about $118 billion, a significant sum of perhaps make it work even more to problem, I introduced a bill, H.R. 5866, money. But $52 billion as a down pay- their advantage? the Medicare Physician Payment Re- ment on a $118 billion problem, that And what if someone wants to retire form and Quality Improvement Act of seemed reasonable. It seemed like we early and they have got that health 2006. I introduced that bill in July. Of were going in the right direction. care nest egg built up in their health course, with the August recess and But fast forward 4 years, and every savings account but now they are going then the recess before the election, year, of course, we have done some- into early retirement, and doggone it, there wasn’t a lot of time left in the thing similar, never quite as much as that insurance premium is going to be year to work on it. The reason it was an additional burden to bear? What the $52 billion that was passed that so important is because the system we first month that I was in Congress, but about allowing them to draw on the have developed in our Medicare sys- health savings account to pay their every year that at the end of the year tem, parts A, B, C, and D are not paid where we have had to add that money premium to continue their health sav- for equally. The fact is that part B, the ings account in those years from their to keep physicians from seeing a pay part that is handled by physicians, is reduction, we have increased the cost early retirement prior to the time that dealt with in a different fashion. Part they are covered by Medicare? It is an of eventually repealing the SGR so A, the hospital; part C, the HMO; part that it now totals $280 billion. interesting concept and one I think D, the prescription drug benefit, all of this Congress would do well to spend those each year receive essentially a But wait. There is more. If you do some time thinking about doing. cost-of-living adjustment, an update, not protect seniors, because by law in I will come back again to the pretax because the cost of inputs is going to part B of Medicare, seniors pay 25 per- treatment of health care expenditures cent of the cost of the part B program, incurred under an HSA. Again, we can go up. The physician payment, this is an which 75 percent is borne by the Fed- leverage a citizen’s dollars so much important concept. I realize it may eral Treasury; 25 percent is recovered more by allowing that type of treat- sound arcane, but the physician pay- in premiums, and every time we in- ment of those dollars. crease that amount, the premiums nec- Again, association health plans for ment is handled differently. There Con- gress, in its wisdom many, many years essarily increase. No one likes to do employers who want to provide their that because those premium increases employees insurance but find they are ago, said if we can control the volume and intensity of these payments, we by law hit in the month of October and being increasingly priced out of the that is very close to an every 2-year market. Give them the flexibility to go are going to be able to save money over the long term. So a system was put in election that occurs in the month of out there and group together and say, November. So everyone wants to deal We are a group of realtors and we want place called the Sustainable Growth Rate formula. You will hear it referred with that problem of the premiums to be able to go out and buy health in- going up every year. If you were to deal surance in the market like we had a to as the SGR. The problem with the SGR is that every year physicians, in- with the entire problem, the SGR and whole bunch of employees rather than premium protection for senior citizens, an office that employs five or six peo- stead of getting a cost-of-living update based on the fact that their electricity the costs suddenly goes up to $340 bil- ple because we are not getting a good lion. It is clear to see in a PAYGO envi- deal when we just go out and try to buy costs more, it costs more to put gas in their car to drive to work, it costs ronment that that is almost an impos- insurance in the market to cover five sible hill to climb. or six employees at a time. more to pay their help, all of those All of these things are critical for us things go up, but the physician reim- Last year in the Physician Payment to think about. All of these things are bursements go down. An estimated 5 Reform and Quality Improvement Act ways that we can improve the system percent a year, and this is projected to of 2006, in attempting to deal with that we have before us today. But we go up for years in the future so that that, I looked for help within the do have to ask ourselves if we are per- the accumulative effect will be a 30 to health care community, people to find haps putting the cart before the horse. 35 percent reduction in physician reim- places where there could be efficiencies Alan Greenspan, the gentleman’s bursement in the Medicare system. to help offset that SGR price tag that name who is not unknown in this town, And anyone just looking at this under- at that time was $218 billion.

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.125 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4549 b 2220 the Federal Government, but that’s tients during those years before the Suffice it to say that those cost sav- what happens when you have Federal SGR can be repealed. ings were never identified. People were price controls on a system like health Well, I mentioned earlier that some reluctant to come forth with areas in care. of the States have done some things their particular part of Medicare where Well, improvements in the bill from within their health plans that have they might save money. And as a con- last year I think are in progress. And been innovative and really quite excit- sequence, the pay-fors did not mate- the fact that the entire concept is split ing; Massachusetts is probably the rialize, and the bill was something we into three parts to deal with the over- leader in that regard. It’s significant didn’t take up. all affordability of educating and pro- because the Governor of Massachusetts This year, it’s not even just about viding the incentives for people to go is offering himself as a Presidential fixing that part of the formula. It is into medicine in the first place, pro- candidate and is certainly one of the important to do that because one of viding the tools for their educational individuals who can say ‘‘check the the pernicious effects of that formula process, providing some flexibility with box, I’ve done that.’’ And working with is you have doctors who are looking to- loan forgiveness, tax credits for the a legislature and a State senate who ward their retirement and perhaps young physician, and then finally, pro- was of the opposite party and not al- thinking about accelerating it for a few viding some stability for the physician ways aligned with his vision of where years. So we have physicians in the who is mature and in practice, that things were and where they ought to workforce who may be leaving early they are going to face a stable pricing be, was able to craft a plan. Just like because they look down the road and environment going forward, not a con- so many things, we can always say it’s say, 5 percent reduction in the rate of tinuously shrinking price environment God’s plans, but the devil is in the de- Medicare reimbursement every year for going forward. tails, and sure enough in this situation the next 10 years for a cumulative total It is going to be difficult. There the devil is in the details. The months of 30 or 35 percent, I don’t think so. again, I will reference the Medicare starting in July of this year will tell Maybe I do need to get on with my re- Trustees Report. Again, 680,000 hospital the tale as to whether or not that plan tirement plans. And then on the other beds that were not filled in 2005 be- will actually work. But some very clev- end of the spectrum you have the cause of improvements in the practice er ideas were incorporated. young physician who is just getting of medicine. We’ve come a long way Now I will be the first to admit that out of medical school, who is meeting from the days of Benjamin Rush, when as a Texan there are a lot of things the residency in those primary care they used leeches to treat their pa- that you can apply to Massachusetts high need specialties, they may need tients. Those 680,000 hospital beds that that you could never apply in Texas. some additional help. And finally, the weren’t filled in the Medicare system, But one of the concepts that I thought student who’s finishing college and that is money that is saved in the part was, you have heard me reference sev- looking to go to medical school; how A part of Medicare, but the savings ac- eral occasions that wouldn’t it be great am I going to deal with those signifi- tually occur because of the work being to get the leverage of getting a pretax cant loans I’m going to face when I get done in the part B part of Medicare. expense for someone who wanted to out of school? And there has got to be somewhere, buy their health insurance? Well, they All three areas are going to require some way within the Federal statutes found a way to do that in Massachu- this Congress to think very carefully that the savings that occur in part A or setts, it’s called the Massachusetts and work very hard on trying to craft part C or part D because of continued Connecter. And indeed, even back in solutions. And I would just stress that work and vigilance by the folks who my home State of Texas I know they it is important not to craft a solution are practicing in part B, there has got are looking at this concept. There is that is only going to fix the short to be a way that those savings will ac- apparently a chapter in the IRS code, term. We’ve really had this kicking- crue to part B, and use those savings as we heard the last speaker say how com- the-can phenomenon or postponing- the offset for lowering that total price plicated the IRS code can be, but bur- the-pain phenomenon has worked only tag on the SGR formula. ied within the IRS code is section 125, up to a point. And you have to believe Further, there are some places, un- which will allow for Federal tax de- that this type of trajectory does have a fortunately, where people do attempt ductibility of insurance premiums shelf life, and ultimately we’re going to to abuse the system and take money where the State acts not so much as reach a point where we are in fact no that perhaps they are not entirely enti- the broker, but the middle man, if the longer able to afford even those rel- tled to. The Inspector General’s Office State acts as the person who is going atively modest, and I use the term at HHS and the Department of Justice to bring the buyer and seller in the in- modest advisedly because we are talk- held a lengthy hearing with our Energy surance market together, there is ap- ing about a Washington expenditure and Commerce Subcommittee a few parently a way in the IRS code where here, will be unable to afford even weeks ago; it was a terribly enlight- there is a tax deductible treatment those modest payments that are re- ening process. But the money that’s re- then of that expenditure. And think quired to offset the reductions that covered in those audits is not money about that for persons who are in the 20 happen year over year. that should go to the Department of or 25 percent tax bracket. If they can And you might say, well, that’s not Justice, though don’t tell them I said buy their health insurance premiums so bad, it’s just the Medicare system. that, but it’s money that should go with 80 cent dollars, suddenly we’ve That’s just half of health care, how back to the part B of Medicare to offset gone a long way towards allowing them could that be that big a problem? The the eventual repeal and replacement of some additional flexibility within the unstated aspect of this is that every the SGR formula with the Medicare plan. private health insurance company out Economic Index. And I quite simply The thing I like the best about the there who writes insurance policies, I don’t know any other way how to say Massachusetts plan is it does stress the shouldn’t say every, but a lot, will peg that. concept of personal responsibility. their reimbursement rates to what If we are not able to get that done That is to say that if you are a resident Medicare pays. They pay 80 percent of this year or next year or the year after, in the State of Massachusetts and you Medicare, they pay 120 percent of Medi- we do need to put some programs in can afford health insurance, then care, but they pay some percentage of place that will protect physicians from you’ve got no good reason not to have what Medicare pays. And when we as a those cuts that are programmed to health insurance and we are going to Congress say to the physicians of occur in 2008 and 2009. And again, that require you to have it. Again, a con- America, guess what? You get a 5.4 re- is part of the legislation that I will be cept that may not work in other duction this year. Those companies working on to not only capture those States. And Governor Schwarzenegger that peg their reimbursement rates to monies that rightfully belong to part B is looking at doing something in Cali- the Medicare 2007 reimbursement to offset the eventual cost of repealing fornia. I know in my home State of schedule are in fact also given a bit of the SGR, but additional things in place Texas, Governor Perry is looking at a break. And they were never intended to protect the earnings of the physi- some options. Governor Jeb Bush in to be the recipients of the largess of cians who care for our Medicare pa- Florida and now Governor Crist, who

VerDate Aug 31 2005 02:56 May 08, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.127 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4550 CONGRESSIONAL RECORD — HOUSE May 7, 2007 replaced him, all have the ability to walk away from that $8 to $10 billion in marks and include extraneous mate- look at the State programs because of savings that CBO scored this particular rial:) flexibility that was put in the system legislation. Ms. LEE, for 5 minutes, today. when the Deficit Reduction Act passed Mr. Speaker, I see that the hour, it f in December of 2005. Again, the much goes so quickly when you get down maligned Deficit Reduction Act gave here to talk about these things. I will ADJOURNMENT the tools to these State leaders so that wrap up. Mr. BURGESS. Mr. Speaker, I move they can look at doing these innova- I do want to point out that Ameri- that the House do now adjourn. tive plans in their States to provide cans, for all of the criticism that we The motion was agreed to; accord- coverage for their populations who are have, there was an article in The New ingly (at 10 o’clock and 34 minutes uninsured. And after all, again, one of York Times published October 2006, p.m.), under its previous order, the the great things about the United Tyler Cowan, who writes, ‘‘When it House adjourned until tomorrow, Tues- States is the States can serve as lab- comes to medical innovation, the day, May 8, 2007, at 10:30 a.m., for oratories. We don’t necessarily have to United States is the world leader. In morning hour debate. change everything for the whole coun- the past 10 years, 12 Nobel Prizes in f try, we can see how it works in a given medicine have gone to American-born State, and to the extent that it is help- scientists working in the United EXECUTIVE COMMUNICATIONS, ful, we can expand the program. States, three to foreign-born scientists ETC. working in the United States, and just b 2230 Under clause 8 of rule XII, executive seven have gone to researchers outside If we find it wasn’t helpful, we won’t communications were taken from the of the country.’’ Speaker’s table and referred as follows: expand the program. But it is one of That is what we need to preserve, those great things that our Founding protect and defend. That is why these 1511. A letter from the Comptroller, De- partment of Defense, transmitting a report Fathers envisioned, that the States issues are so important for us to face in would be great laboratories for needed of a violation of the Antideficiency Act by this Congress. the Department of the Army, Case Number social change to occur in this country. f 04-12, pursuant to 31 U.S.C. 1351; to the Com- One of the other things that I didn’t LEAVE OF ABSENCE mittee on Appropriations. cover earlier because I wasn’t sure if 1512. A letter from the Comptroller, De- time would permit it, I do obviously By unanimous consent, leave of ab- partment of Defense, transmitting a report need to say a word about the medical sence was granted to: of a violation of the Antideficiency Act by liability system in this country. Mr. CUMMINGS (at the request of Mr. the Department of the Army, Case Number My home State of Texas, again, did HOYER) for today. 06-01, pursuant to 31 U.S.C. 1351; to the Com- tackle this issue in 2003 and did pass a Mr. ISRAEL (at the request of Mr. mittee on Appropriations. 1513. A letter from the Under Secretary for HOYER) for today. State law that capped non-economic Acquisitions, Technology and Logistics, De- damages, much along the lines of the Ms. KILPATRICK (at the request of Mr. partment of Defense, transmitting a review Medical Injury Compensation Reform HOYER) for today on account of official of the Guided Multiple Launch Rocket Sys- Act of 1975 that was passed in Cali- business in the district. tem (GMLRS) program, pursuant to 10 U.S.C. fornia. Our State of Texas picked up Mr. MORAN of Kansas (at the request 2433; to the Committee on Armed Services. that concept, modernized it for the 21st of Mr. BOEHNER) for today on account 1514. A letter from the Secretary, Depart- century, and those caps on non-eco- of inspecting tornado damage. ment of Defense, transmitting a letter on the nomic damages, instead of just being Mr. TIAHRT (at the request of Mr. approved retirement of Lieutenant General Dell L. Dailey, United States Army, and his one realm of non-economic damages, BOEHNER) for today and May 8 and 9 on account of inspecting tornado damage. advancement to the grade of lieutenant gen- the cap is trifurcated, $250,000 thousand eral on the retired list; to the Committee on Mr. HULSHOF (at the request of Mr. cap on the doctor, $250,000 thousand cap Armed Services. on the hospital, $250,000 thousand cap BOEHNER) for today and May 8 on ac- 1515. A letter from the Secretary, Depart- on the on a nursing home or second count of personal reasons. ment of Defense, transmitting a letter on the hospital, if one is involved. f approved retirement of Lieutenant General William G. Boykin, United States Army, and The critical thing about this is it has SPECIAL ORDERS GRANTED brought insurance costs for medical li- his advancement to the grade of lieutenant By unanimous consent, permission to general on the retired list; to the Committee ability insurance down by 20 percent in on Armed Services. my home State of Texas, and, remem- address the House, following the legislative program and any special orders 1516. A letter from the Under Secretary for ber, medical liability costs were going Personnel and Readiness, Department of De- up by 25 to 30 percent a year prior to heretofore entered, was granted to: (The following Members (at the re- fense, transmitting a letter on the approved the passage of that law. retirement of General Bryan D. Brown, quest of Mr. PALLONE) to revise and ex- So it has had an immediate and bene- United States Army, and his advancement to tend their remarks and include extra- ficial effect on physicians in Texas. the grade of general on the retired list; to neous material:) And one of the unintended bene- the Committee on Armed Services. Mr. PALLONE, for 5 minutes, today. ficiaries was the mid-sized, commu- 1517. A letter from the Under Secretary for Mrs. MCCARTHY of New York, for 5 Personnel and Readiness, Department of De- nity-based, not-for-profit hospital who minutes, today. fense, transmitting a letter on the approved self-insured. Those hospitals have seen Ms. WOOLSEY, for 5 minutes, today. retirement Vice Admiral Stanley R. a significant reduction in the amount Ms. SOLIS, for 5 minutes, today. Szemborski, United States Navy, and his ad- of moneys that they had to put toward Ms. JACKSON-LEE of Texas, for 5 min- vancement to the grade of vice admiral on medical liability, and, as a con- utes, today. the retired list; to the Committee on Armed sequence, those are dollars that they Services. Mr. ELLISON, for 5 minutes, today. 1518. A letter from the Under Secretary for are investing in capital improvements, Ms. LORETTA SANCHEZ of California, nurses’ salaries, the very things you Personnel and Readiness, Department of De- for 5 minutes, today. fense, transmitting authorization of the en- would want your medium-sized, not- (The following Members (at the re- closed list of officers to wear the insignia of for-profit community hospital to do if quest of Mr. JONES of North Carolina) the grade of brigadier general accordance they had the flexibility to do so. to revise and extend their remarks and with title 10, United States Code, section 777; I have legislation that I have drafted include extraneous material:) to the Committee on Armed Services. that bases off the Texas plan. I think it Mr. SHAYS, for 5 minutes, today. 1519. A letter from the Director of Defense is reasonable legislation. In our budget Mr. POE, for 5 minutes, May 14. Research and Engineering, Department of Defense, transmitting the Department’s re- resolution that the Republicans had, Mr. MORAN of Kansas, for 5 minutes, the savings, and this was scored by port on the management and adequacy of May 8. biometrics programs pursuant to Conference CBO as a savings, at a time we are Mr. BURTON of Indiana, for 5 minutes, Report 109-702, that accompanies the John looking for ways to save money in the today and May 8, 9, 10, and 11. Warner National Defense Authorization Act healthcare system to pay for other (The following Member (at her own for Fiscal Year 2007; to the Committee on things, it is almost unconscionable to request) to revise and extend her re- Armed Services.

VerDate Aug 31 2005 03:24 May 08, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MY7.127 H07MYPT1 ccoleman on PRODPC74 with HOUSE May 7, 2007 CONGRESSIONAL RECORD — HOUSE H4551 1520. A letter from the EEO Programs Di- ment of the Interior, transmitting the De- Off Alaska; Rock Sole, Flathead Sole, and rector, Board of Governors of the Federal Re- partment’s final rule — Outer Continental ‘‘Other Flatfish’’ by Vessels Using Trawl serve System, transmitting the third annual Shelf Regulations-Technical Corrections Gear in Bering Sea and Aleutian Islands report pursuant to Section 203(a) of the No (RIN: 1010-AD42) received May 3, 2007, pursu- Management Area [Docket No. 070213033-7033- Fear Act, Pub. L. 107-174, for fiscal year 2006; ant to 5 U.S.C. 801(a)(1)(A); to the Committee 01; I.D. 040607E] received May 2, 2007, pursu- to the Committee on Oversight and Govern- on Natural Resources. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment Reform. 1532. A letter from the Acting Director, Of- on Natural Resources. 1521. A letter from the Under Secretary for fice of Surface Mining, Department of the In- 1541. A letter from the Director Office of Acquisition, Technology and Logistics, De- terior, transmitting the Department’s final Sustainable Fisheries, NMFS, National Oce- partment of Defense, transmitting in accord- rule — Ohio Regulatory Program [OH-251- anic and Atmospheric Administration, trans- ance with Section 647(b) of Division F of the FOR] received May 4, 2007, pursuant to 5 mitting the Administration’s final rule — Consolidated Appropriations Act, FY 2004, U.S.C. 801(a)(1)(A); to the Committee on Nat- Fisheries of the Exclusive Economic Zone Pub. L. 108-199, the Department’s report on ural Resources. Off Alaska; Pollock in Statistical Area 610 of competitive sourcing efforts for FY 2006; to 1533. A letter from the Assistant Secretary the Gulf of Alaska [Docket No. 070213032-7032- the Committee on Oversight and Govern- for Fish and Wildlife and Parks, Department 01; I.D. 031507E] received April 16, 2007, pursu- ment Reform. of the Interior, transmitting the Depart- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1522. A letter from the White House Liai- ment’s final rule — Migratory Bird Subsist- on Natural Resources. son, Department of Health and Human Serv- ence Harvest in Alaska; Harvest Regulations 1542. A letter from the Deputy Assistant ices, transmitting a report pursuant to the for Migratory Birds in Alaska During the Administrator for Regulatory Programs, Federal Vacancies Reform Act of 1998; to the 2007 Season (RIN: 1018-AU59) received April NMFS, National Oceanic and Atmospheric Committee on Oversight and Government 12, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to Administration, transmitting the Adminis- Reform. the Committee on Natural Resources. tration’s final rule — Magnuson-Stevens Act 1523. A letter from the Acting General 1534. A letter from the Acting Director, Of- Provisions; Fisheries Off West Coast States; Counsel, Department of Housing and Urban fice of Surface Mining, Department of the In- Pacific Coast Groundfish Fishery; Biennial Development, transmitting a report pursu- terior, transmitting the Department’s final Specifications and Management Measures; ant to the Federal Vacancies Reform Act of rule — Missouri Regulatory Program [Dock- Inseason Adjustments [Docket No. 070404078- 1998; to the Committee on Oversight and et No. MO-039-FOR] received April 13, 2007, 7078-01; I.D. 082806B] (RIN: 0648-AV52) re- Government Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived April 27, 2007, pursuant to 5 U.S.C. 1524. A letter from the Assistant Secretary mittee on Natural Resources. 801(a)(1)(A); to the Committee on Natural for Administration and Management, De- 1535. A letter from the Deputy Assistant Resources. partment of Labor, transmitting the Depart- Secretary for Land and Minerals Manage- 1543. A letter from the Acting Director Of- ment’s annual report for FY 2006, summa- ment, Department of the Interior, transmit- fice of Sustainable Fisheries, NMFS, Na- rizing data and analysis of complaints filed ting the Department’s final rule — Geo- tional Oceanic and Atmospheric Administra- for the past five fiscal years and how the De- thermal Royalty Payments, Direct Use Fees, tion, transmitting the Administration’s final partment is working to fulfill the require- and Royalty Valuation (RIN: 1010-AD32) re- rule — Fisheries of the Economic Exclusive ments of the Act; to the Committee on Over- ceived April 26, 2007, pursuant to 5 U.S.C. Zone Off Alaska; Pacific Cod in the Bering sight and Government Reform. 801(a)(1)(A); to the Committee on Natural 1525. A letter from the Assistant Secretary Sea and Aleutian Islands [Docket No. for Legislative Affairs, Department of State, Resources. 070213033-7033-01; I.D. 040907D] received April 1536. A letter from the Acting Director Of- transmitting the Department’s Annual No 27, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to fice of Sustainable Fisheries, NMFS, Na- Fear Report to Congress for FY 2006, pursu- the Committee on Natural Resources. tional Oceanic and Atmospheric Administra- 1544. A letter from the Deputy Assistant ant to Section 203 of the Notification and tion, transmitting the Administration’s final Federal Employee Antidiscrimination and Administrator for Regulatory Programs, rule — Magnuson-Stevens Fishery Conserva- Retaliation Act of 2003, Pub. L. 107-174; to NMFS, National Oceanic and Atmospheric tion and Management Act Provisions; Fish- the Committee on Oversight and Govern- Administration, transmitting the Adminis- ment Reform. eries of the Northeastern United States; tration’s final rule — Fisheries in the West- 1526. A letter from the Chairman of the Northeast (NE) Multispecies Fishery; Modi- ern Pacific; Optional Use of Electronic Log- Board, National Credit Union Administra- fication of the Yellowtail Flounder Landing book Forms [Docket No. 070207026-7079-02; tion, transmitting the Administration’s first Limit for the U.S./Canada Management Area I.D. 012207A] (RIN: 0648-AS29) received April Notification and Federal Employee Anti- [Docket No. 04011-2010-4114-02; I.D. 040407D] 27, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to discrimination and Retalitiation Act of 2002 received April 17, 2007, pursuant to 5 U.S.C. the Committee on Natural Resources. annual report covering fiscal years 2002 801(a)(1)(A); to the Committee on Natural 1545. A letter from the Director Office of through 2006; to the Committee on Oversight Resources. Sustainable Fisheries, NMFS, National Oce- and Government Reform. 1537. A letter from the Deputy Assistant anic and Atmospheric Administration, trans- 1527. A letter from the Director, Equal Em- Administrator for Regulatory Programs, mitting the Administration’s final rule — ployment Opportunity, National Endowment NMFS, National Oceanic and Atmospheric Fisheries of the Carribean, Gulf of Mexico, for the Humanities, transmitting the Endow- Administration, transmitting the Adminis- and South Atlantic; Coastal Migratory Pe- ment’s report on incidences of discrimina- tration’s final rule — Pacific Albacore Tuna lagic Resources of the Gulf of Mexico and tion, pursuant to Public Law 107-174, section Fisheries; Vessel List to Establish Eligi- South Atlantic; Closure [Docket No. 201; to the Committee on Oversight and Gov- bility to Fish for Albacore Tuna in Canadian 001005281-0369-02; I.D. 040407C] received April ernment Reform. Waters Under the U.S. Canada Albacore 26, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to 1528. A letter from the Chairman, Occupa- Tuna Treaty [Docket No. 070119012-7077-02; the Committee on Natural Resources. tional Safety and Health Review Commis- I.D. 031307B] (RIN: 0648-AU78) received April 1546. A letter from the Chief, Regulations sion, transmitting the Commission’s Fiscal 30, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to and Administrative Law, Department of Year 2006 annual report prepared in the Committee on Natural Resources. Homeland Security, transmitting the De- accorance with Section 203 of the Notifica- 1538. A letter from the Assistant Adminis- partment’s final rule — Drawbridge Oper- tion and Federal Employee Antidiscrimina- trator for Fisheries, NMFS, National Oce- ation Regulation; Detroit River (Trenton tion and Retaliation Act of 2002, Pub. L. 107- anic and Atmospheric Administration, trans- Channel), Grosse Ile, MI [CGD09-07-004] (RIN: 174; to the Committee on Oversight and Gov- mitting the Administration’s final rule — 1625-AA09) received March 29, 2007, pursuant ernment Reform. Pacific Halibut Fisheries; Catch Sharing to 5 U.S.C. 801(a)(1)(A); to the Committee on 1529. A letter from the Office of the Dis- Plan [Docket No. 061229343-7050-02; I.D. Transportation and Infrastructure. trict of Columbia Auditor, transmitting a re- 121406A] (RIN: 0648-AV03) received April 30, 1547. A letter from the Chief, Regulations port entitled, ‘‘Letter Report: Sufficiency 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Administrative Law, Department of Review of the Water and Sewer Authority’s Committee on Natural Resources. Homeland Security, transmitting the De- Fiscal Year 2007 Revenue Estimate in Sup- 1539. A letter from the Deputy Assistant partment’s final rule — Drawbridge Oper- port of the Issuance of $300,000,000 in Public Administrator for Operations, NMFS, Na- ation Regulations; Youngs Bay and Lewis Utility Subordinated Lien Revenue Bonds tional Oceanic and Atmospheric Administra- and Clark River, OR. [CGD13-06-048] (RIN: (Series 2007)’’; to the Committee on Over- tion, transmitting the Administration’s final 1625-AA09) received March 29, 2007, pursuant sight and Government Reform. rule — Fisheries of the Northeastern United to 5 U.S.C. 801(a)(1)(A); to the Committee on 1530. A letter from the President and Chief States; Atlantic Herring Fishery; 2007-2009 Transportation and Infrastructure. Executive Officer, Tennessee Valley Author- Specifications [Docket No. 061228342-7068-02; 1548. A letter from the Chief, Regulations ity, transmitting the Authority’s Annual I.D. 122206A] (RIN: 0648-AT66) received April and Administrative Law, Department of Performance Report for FY 2006, in accord- 20, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to Homeland Security, transmitting the De- ance with the requirements of the Govern- the Committee on Natural Resources. partment’s final rule — Safety Zones; Fire- ment Performance and Results Act of 1993; 1540. A letter from the Director Office of works Displays within the Fifth Coast to the Committee on Oversight and Govern- Sustainable Fisheries, NMFS, National Oce- [CGD05-06-091] (RIN: 1625-AA00) received ment Reform. anic and Atmospheric Administration, trans- March 29, 2007, pursuant to 5 U.S.C. 1531. A letter from the Assistant Secretary mitting the Administration’s final rule — 801(a)(1)(A); to the Committee on Transpor- — Land and Minerals Management, Depart- Fisheries of the Exclusive Economic Zone tation and Infrastructure.

VerDate Aug 31 2005 03:24 May 08, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\L07MY7.000 H07MYPT1 ccoleman on PRODPC74 with HOUSE H4552 CONGRESSIONAL RECORD — HOUSE May 7, 2007 1549. A letter from the Chief, Regulations Reservoir Project, and for other purposes ery for the fiscal year ending September 30, and Administrative Law, Department of (Rept. 120–128). Referred to the Committee of 2007, and for other purposes; to the Com- Homeland Security, transmitting the De- the Whole House on the State of the Union. mittee on Appropriations, and in addition to partment’s final rule — Special Local Regu- Mr. RAHALL: Committee on Natural Re- the Committee on the Budget, for a period to lations for Marine Events; St. Mary’s River, sources. H.R. 1595. A bill to implement the be subsequently determined by the Speaker, St. Mary’s City, MD [CGD05-07-004] (RIN: recommendations of the Guam War Claims in each case for consideration of such provi- 1625-AA08) received March 29, 2007, pursuant Review Commission, with an amendment sions as fall within the jurisdiction of the to 5 U.S.C. 801(a)(1)(A); to the Committee on (Rept. 110–129). Referred to the Committee of committee concerned. Transportation and Infrastructure. the Whole House on the State of the Union. By Mr. DAVIS of Illinois (for himself 1550. A letter from the Chief, Border Secu- Mr. HASTINGS of Florida: Committee on and Mr. JOHNSON of Illinois): rity Regulations Branch, Department of Rules. House Resolution 377. Resolution pro- H.R. 2188. A bill to establish kinship navi- Homeland Security, transmitting the De- viding for consideration of the bill (H.R. 1294) gator programs, to establish kinship guard- partment’s final rule — Advance Electronic to extend Federal recognition to the Chicka- ianship assistance payments for children, Presentation of Cargo Information for Truck hominy Indian Tribe, the Chickahominy In- and for other purposes; to the Committee on Carriers Required to be Transmitted dian Tribe—Eastern Division, the Upper Ways and Means, and in addition to the Com- Through ACE Truck Manifest at Ports in the Mattaponi Tribe, the Rappahannock Tribe, mittee on Education and Labor, for a period States of Idaho and Montana [CBP Dec. 07- Inc., the Monacan Indian Nation, and the to be subsequently determined by the Speak- 25] received May 2, 2007, pursuant to 5 U.S.C. Nansemond Indian Tribe (Rept. 110–130). Re- er, in each case for consideration of such pro- 801(a)(1)(A); to the Committee on Homeland ferred to the House Calendar. visions as fall within the jurisdiction of the Mr. REYES: Permanent Select Committee Security. committee concerned. on Intelligence. H.R. 2082. A bill to authorize By Ms. DELAURO (for herself, Mr. f appropriations for fiscal year 2008 for intelligence and intelligence-related activities of FATTAH, Mr. MCDERMOTT, Mr. REPORTS ON COMMITTEES ON the United States Government, the Commu- DOGGETT, Mr. PASTOR, Mrs. MALONEY PUBLIC BILLS AND RESOLUTIONS nity Management Account, and the Central of New York, Ms. CASTOR, Mrs. CAPPS, Ms. WOOLSEY, Mr. STARK, Ms. Under clause 2 of rule XIII, reports of Intelligence Agency Retirement and Dis- ability System, and for other purposes; with MCCOLLUM of Minnesota, Ms. committees were delivered to the Clerk an amendment (Rept. 110–131). Referred to SCHAKOWSKY, Mr. MCGOVERN, Mr. for printing and reference to the proper the Committee of the Whole House on the PAYNE, Mr. COURTNEY, Ms. CARSON, calendar, as follows: State of the Union and ordered to be printed. Mr. BISHOP of New York, Ms. KIL- PATRICK, Mr. GRIJALVA, Mr. ELLISON, [Filed on May 4, 2007] f Mr. ALLEN, Mr. TOWNS, Ms. SUTTON, Mr. THOMPSON of Mississippi: Committee PUBLIC BILLS AND RESOLUTIONS Mr. KENNEDY, Mrs. CHRISTENSEN, Mr. on Homeland Security, H.R. 1684. A bill to BISHOP of Georgia, Mr. TIERNEY, Ms. Under clause 2 of rule XII, public authorize appropriations for the Department BORDALLO, Mr. SCOTT of Virginia, and of Homeland Security for fiscal year 2008, bills and resolutions were introduced Mrs. JONES of Ohio): and for other purposes; with an amendment and severally referred, as follows: H.R. 2189. A bill to require pre- and post- (Rept. 110–122). Referred to the Committee of By Mr. BOREN (for himself and Mr. deployment mental health screenings for the Whole House on the State of the Union. KELLER): members of the Armed Forces, and for other [Filed on May 7, 2007] H.R. 2183. A bill to prevent legislative and purposes; to the Committee on Armed Serv- Mr. OBERSTAR: Committee on Transpor- regulatory functions from being usurped by ices, and in addition to the Committee on tation and Infrastructure. House Concurrent civil liability actions brought or continued Veterans’ Affairs, for a period to be subse- Resolution 124. Resolution authorizing the against food manufacturers, marketers, dis- quently determined by the Speaker, in each use of the Capitol Grounds for the National tributors, advertisers, sellers, and trade as- case for consideration of such provisions as Peace Officers’ Memorial Service (Rept. 110– sociations for claims of injury relating to a fall within the jurisdiction of the committee 123). Referred to the House Calendar. person’s weight gain, obesity, or any health concerned. Mr. RAHALL: Committee on Natural Re- condition associated with weight gain or By Mr. DONNELLY: sources. H.R. 1294. A bill to extend Federal obesity; to the Committee on the Judiciary. H.R. 2190. A bill to amend title 38, United recognition to the Chickahominy Indian By Mr. ALLEN (for himself and Mrs. States Code, to direct the Secretary of Vet- Tribe, the Chickahominy Indian Tribe—East- EMERSON): erans Affairs to establish the Advisory Com- H.R. 2184. A bill to amend the Medicare ern Division, the Upper Mattaponi Tribe, the mittee on Rural Veterans; to the Committee Prescription Drug, Improvement, and Mod- Rappahannock Tribe, Inc., the Monacan In- on Veterans’ Affairs. ernization Act of 2003 to expand comparative dian Nation, and the Nansemond Indian By Mrs. DRAKE (for herself, Mr. BUR- effectiveness research and to increase fund- Tribe; with an amendment (Rept. 110–124). GESS, Mr. EHLERS, Mr. HAYES, Mr. ing for such research to improve the value of Referred to the Committee of the Whole MCCOTTER, Mr. TAYLOR, Mr. CAL- health care; to the Committee on Ways and House on the State of the Union. VERT, Mr. LARSEN of Washington, Mr. Means, and in addition to the Committee on Mr. RAHALL: Committee on Natural Re- FORBES, and Mr. GOODLATTE): Energy and Commerce, for a period to be sources. H.R. 1140. A bill to authorize the H.R. 2191. A bill to provide liability protec- subsequently determined by the Speaker, in tion to nonprofit volunteer pilot organiza- Secretary, in cooperation with the City of each case for consideration of such provi- tions flying for public benefit and to the pi- San Juan Capistrano, California, to partici- sions as fall within the jurisdiction of the lots and staff of such organizations; to the pate in the design, planning, and construc- committee concerned. Committee on the Judiciary. tion of an advanced water treatment plant By Mr. KIRK (for himself, Mr. facility and recycled water system, and for By Mr. HODES: HASTINGS of Florida, Mr. EHLERS, Mr. other purposes. (Rept. 110–125). Referred to H.R. 2192. A bill to amend title 38, United CARNAHAN, Mr. HINCHEY, Ms. WOOL- the Committee of the Whole House on the States Code, to establish an Ombudsman SEY, Mr. MORAN of Virginia, Mr. State of the Union. within the Department of Veterans Affairs; ROYCE, Ms. JACKSON-LEE of Texas, Mr. RAHALL: Committee on Natural Re- to the Committee on Veterans’ Affairs. Mr. BLUMENAUER, Mr. SHAYS, Mr. sources. H.R. 1114. A bill to require the Sec- By Mr. ISRAEL (for himself and Mr. MEEK of Florida, Mr. SOUDER, Ms. retary of the Interior, acting through the KIRK): MCCOLLUM of Minnesota, Mr. Bureau of Reclamation and the United H.R. 2193. A bill to amend the Animal Wel- FORTENBERRY, Mr. GONZALEZ, Mr. States Geological Survey, to conduct a study fare Act to increase the penalties for viola- BERMAN, Mr. ACKERMAN, and Mr. on groundwater resources in the State of tions of such Act, to prohibit the use of ani- FARR): Alaska, and for other purposes (Rept. 110– H.R. 2185. A bill to amend the Tropical mals for marketing medical devices, and for 126). Referred to the Committee of the Whole Forest Conservation Act of 1998 to provide other purposes; to the Committee on Agri- House on the State of the Union. debt relief to developing countries that take culture. Mr. RAHALL: Committee on Natural Re- action to protect forests and coral reefs and By Mr. PATRICK MURPHY of Pennsyl- sources. H.R. 1080. A bill to modify the associated coastal marine ecosystems, to re- vania: boundaries of Grand Teton National Park to authorize such Act through fiscal year 2010, H.R. 2194. A bill to amend title 10, United include certain land within the GT Park and for other purposes; to the Committee on States Code, to authorize an allowance for Subdivision, and for other purposes (Rept Foreign Affairs. civilian clothing for members of the Armed 110–127). Referred to the Committee of the By Mr. ALEXANDER: Forces traveling in connection with medical Whole House on the State of the Union. H.R. 2186. A bill to provide for the convey- evacuation; to the Committee on Armed Mr. RAHALL: Committee on Natural Re- ance of National Forest System land in the Services. sources. H.R. 487. A bill to amend the Chey- State of Louisiana; to the Committee on Ag- By Mr. PATRICK MURPHY of Pennsyl- enne River Sioux Tribe Equitable Compensa- riculture. vania (for himself and Mr. WALZ of tion Act to provide compensation to mem- By Mr. ALEXANDER: Minnesota): bers of the Cheyenne River Sioux Tribe for H.R. 2187. A bill to make emergency sup- H.R. 2195. A bill to amend title 10, United damage resulting from the Oahe Dam and plemental appropriations for Katrina recov- States Code, to expand the education loan

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repayment program for members of the Se- H.R. 135: Mr. HASTINGS of Florida. H.R. 1294, Mr. GRIJALVA. lected Reserve; to the Committee on Armed H.R. 140: Mr. PAYNE. H.R. 1320: Mr. KIRK and Mr. JACKSON of Illi- Services. H.R. 176: Ms. WATERS, Mr. HINOJOSA, Mr. nois. By Mr. REYES (for himself, Mr. MAR- GUTIERREZ, and Mr. JEFFERSON. H.R. 1343: Mr. CARTER, Mr. MEEK of Flor- KEY, Mr. INSLEE, Ms. HERSETH H.R. 180: Ms. SHEA-PORTER. ida, Mrs. DAVIS of California, Mr. BISHOP of SANDLIN, and Ms. SCHAKOWSKY): H.R. 260: Mr. PUTNAM. Utah, Mr. REYES, Ms. HERSETH SANDLIN, Ms. H.R. 2196. A bill to amend the Public Util- H.R. 410: Mr. KAGEN. CLARKE, Mr. STUPAK, Mr. CUELLAR, Mr. ity Regulatory Policies Act of 1978 to provide H.R. 443: Mr. PAUL. TOWNS, Ms. ROS-LEHTINEN, Mr. GUTIERREZ, for disclosure to consumers of the fuels and H.R. 445: Mr. PAUL. Mr. COSTELLO, Mrs. CUBIN, Mr. ISSA, Mr. sources of electric energy purchased from H.R. 454: Ms. WASSERMAN SCHULTZ. RODRIGUEZ, MR. HALL of Texas, Mr. BRADY of electric utilities, and for other purposes; to H.R. 503: Mr. PAYNE, Ms. WATERS, and Ms. Texas, Mr. AL GREEN of Texas, Mr. MCCAUL the Committee on Energy and Commerce. GIFFORDS. of Texas, Mr. EDWARDS, Ms. JACKSON-LEE of By Mr. SPACE: H.R. 507: Mr. SIMPSON, Mr. SHAYS, Mr. Texas, Mr. DOGGETT, Mr. MARCHANT, Mr. H.R. 2197. A bill to modify the boundary of ABERCROMBIE, Mr. RODRIGUEZ, Mr. LUCAS, RUSH, Mr. WYNN, Ms. DEGETTE, Mr. SHIMKUS, the Hopewell Culture National Historical Mr. DAVIS of Alabama, Mr. OBERSTAR, and Mr. LOBIONDO, Mr. ETHERIDGE, Mr. UDALL of Park in the State of Ohio, and for other pur- Mr. OLVER. Colorado, Mr. WELCH OF VERMONT, AND MR. poses; to the Committee on Natural Re- H.R. 539: Mr. RAMSTAD. RAHALL. sources. H.R. 563: Mr. KELLER. H.R. 1344: Mr. PAYNE. By Ms. SUTTON: H.R. 593: Mr. PAYNE. H.R. 1346: Mr. BOUCHER and Mr. LYNCH. H.R. 2198. A bill to require an annual re- H.R. 618: Mr. TIM MURPHY of Pennsylvania. H.R. 1391, Ms. WATERS, Ms. HARMAN, Mr. port on contract oversight by Federal de- H.R. 620: Mr. BLUMENAUER. MCCOTTER, and Mr. PAYNE. partments and agencies; to the Committee H.R. 695: Mr. BISHOP of Georgia and Mr. H.R. 1413: Mr. LANGEVIN. on Oversight and Government Reform. NEAL of Massachusetts. H.R. 1420: Mr. MORAN of Virginia, Ms. By Ms. SUTTON (for herself, Mr. H.R. 718: Mr. BOUCHER, Mr. COBLE, Mr. BALDWIN, Mr. BAIRD, Mr. WAXMAN, Mr. SMITH MATHESON, and Mr. GARRETT of New Jersey. CHABOT, Mrs. SCHMIDT, Mr. TURNER, of Washington, Mr. LEWIS of Georgia, Mr. H.R. 722: Mr. PAYNE. Mr. JORDAN, Mr. GILLMOR, Mr. WIL- SCHIFF, and Mr. KENNEDY. H.R. 731: Mr. ELLSWORTH. SON of Ohio, Mr. HOBSON, Ms. KAP- H.R. 1459: Mr. CRENSHAW, Mr. MARKEY, Mr. H.R. 743: Mr. ROGERS of Michigan, Mr. TUR, Mr. KUCINICH, Mrs. JONES of WEINER, Mr. DAVIS of Kentucky, and Mr. FRANKs of Arizona, and Mr. WALDEN of Or- Ohio, Mr. TIBERI, Mr. LATOURETTE, SMITH of Nebraska. egon. Ms. PRYCE of Ohio, Mr. REGULA, Mr. H.R. 1461: Mrs. CHRISTENSEN and Mr. H.R. 758: Mr. EDWARDS. RYAN of Ohio, and Mr. SPACE): SERRANO. H.R. 823: Mr. MARKEY, Ms. LINDA T. H. Con. Res. 143. Concurrent resolution H.R. 1491: Ms. CLARKE. SA´ NCHEZ of California, Mr. BISHOP of New honoring the 50th anniversary of Stan Hywet H.R. 1498: Ms. WOOLSEY, Mr. PERLMUTTER, York, Mr. BRALEY of Iowa, Mr. HODES, and Hall & Gardens; to the Committee on Over- and Mr. RENZI. Mr. GRIJALVA. sight and Government Reform. H.R. 1528: Mr. TIERNEY. H.R. 869: Mr. PORTER. By Ms. WOOLSEY (for herself, Mr. H.R. 1532: Mr. RUSH and Mr. SMITH of Wash- H.R. 882: Mr. WU, Mr. LATOURETTE, Mr. GEORGE MILLER of California, and Mr. ington. WILSON of South Carolina, Mr. RENZI, Mr. HARE): H.R. 1535: Mr. HARE, Mr. RAHALL, and Mr. TOWNS, Mr. RAMSTAD, Mr. LANGEVIN, Mr. H. Res. 376. A resolution recognizing annu- LAMPSON. JACKSON of Illinois, and Mr. PERLMUTTER. ally a National Classified School Employee H.R. 1554: Mr. BRALEY of Iowa. H.R. 897: Mr. ELLSWORTH. of the Year and honoring the valuable con- H.R. 1561: Mr. MCGOVERN. H.R. 916: Mr. BRALEY of Iowa and Mr. tributions of Classified School Employees in H.R. 1567: Mr. LANTOS, Ms. BALDWIN, Mr. GRIJALVA. the United States; to the Committee on Edu- EMANUEL, Mr. GEORGE MILLER of California, H.R. 938: Mr. MARCHANT. cation and Labor. considered and agreed to. Ms. JACKSON-LEE of Texas, Mr. EDWARDS, H.R. 943: Mr. PAUL and Mr. JOHNSON of By Mr. FORTUN˜ O (for himself and Mr. and Mr. MATHESON. Georgia. H.R. 1582: Ms. ROS-LEHTINEN and Mr. LANTOS): H.R. 980: Mr. LINCOLN DAVIS of Tennessee, CARDOZA. H. Res. 378. A resolution honoring World Ms. ROS-LEHTINEN, Mr. TIBERI, Ms. GINNY H.R. 1586: Mr. BRADY of Texas. Red Cross Red Crescent Day; to the Com- BROWN-WAITE of Florida, Mr. DEFAZIO, Mr. H.R. 1589: Mr. WEXLER and Mr. ROTHMAN. mittee on Foreign Affairs. COHEN, Mr. HASTINGS of Florida, Mr. H.R. 1590: Mr. SHULER. By Mr. POE: BLUMENAUER, and Mr. MARIO DIAZ-BALART of H.R. 1593: Mr. MELANCON. H. Res. 379. A resolution congratulating Florida. H.R. 1595: Mr. RANGEL, Mr. ORTIZ, Mr. Nicolas Sarkozy on his election to the presi- H.R. 989: Mrs. MCMORRIS RODGERS, Mrs. TOWNS, Ms. KAPTUR, Mr. MCDERMOTT, Mr. dency of France; to the Committee on For- MYRICK, and Mr. BUYER. PALLONE, Ms. NORTON, Mr. BARTLETT of eign Affairs. H.R. 1017: Mr. RUSH. Maryland, Mr. CLYBURN, Mr. FARR, Mr. FIL- By Mr. SALI (for himself and Mr. SIMP- H.R. 1023: Mr. WU, Mr. SHULER, Mr. BISHOP NER, Mr. HINCHEY, Ms. WOOLSEY, Mr. ENGLISH SON): of New York, Mr. SIMPSON, and Mrs. of Pennsylvania, Mr. JONES of North Caro- H. Res. 380. A resolution resolution com- BACHMANN. lina, Ms. JACKSON-LEE of Texas, Mr. DAVIS of mending Idaho on winning the bid to host H.R. 1038: Mr. PLATTS. Illinois, Mr. KIND, Mrs. TAUSCHER, Mr. the 2009 Special Olympics World Winter H.R. 1076: Mr. SIMPSON. BOOZMAN, Ms. SOLIS, Mr. WILSON of South Games; to the Committee on Foreign Affairs. H.R. 1093: Mr. BOREN, Mr. WAMP, Mr. Carolina, Mr. GINGREY, Ms. LINDA T. f ALLEN, and Mr. HINCHEY. SA´ NCHEZ of California, Mr. SCOTT of Georgia, H.R. 1108: Mr. PATRICK MURPHY of Pennsyl- Mr. AL GREEN of Texas, Ms. WASSERMAN PRIVATE BILLS AND vania, Mr. WELCH of Vermont, Ms. SLAUGH- SCHULTZ, Ms. HIRONO, Mr. LOEBSACK, Mr. RESOLUTIONS TER, Mr. SCHIFF, and Mr. RUPPERSBERGER. HOLDEN, Ms. WATSON, Mr. KUCINICH, Ms. Under clause 3 of rule XII, H.R. 1125: Ms. WASSERMAN SCHULTZ, Mr. MATSUI, and Ms. LEE. GEORGE MILLER of California, Mr. PLATTS, H.R. 1628: Mr. CROWLEY. Ms. CARSON introduced a resolution (H. and Mr. BLUNT. H.R. 1647: Ms. SUTTON, Mr. ADERHOLT, Mr. Res. 381) referring the bill (H.R. 2124), enti- H.R. 1147: Mr. BLUMENAUER. BISHOP of Georgia, Ms. MOORE of Wisconsin, tled ‘‘A bill for the relief of Adela and Darryl H.R. 1157: Mr. ETHERIDGE, Mr. PAYNE, Ms. and Mr. PORTER. Bailor’’, to the chief judge of the United LORETTA SANCHEZ of California, Mrs. H.R. 1649: Mr. MCHUGH and Mr. KAGEN. States Court of Federal Claims for a report NAPOLITANO, Mr. CALVERT, Mr. CHABOT, Mr. H.R. 1653: Mr. WELCH of Vermont. thereon; which was referred to the Com- BUTTERFIELD, Mr. TOWNS, Mr. PRICE of North H.R. 1673: Ms. DEGETTE. mittee on the Judiciary. Carolina, Mr. SENSENBRENNER, Mr. MEEKS of H.R. 1687: Mr. HARE, Mr. RAHALL, and Mrs. f New York, Mrs. BLACKBURN, Mr. DOGGETT, MUSGRAVE. Mr. MOORE of Kansas, Mr. KAGEN, MR. WOLF, H.R. 1700: Mr. WELCH of Vermont, Mr. ADDITIONAL SPONSORS Mr. LEWIS of Georgia, Mr. PORTER, Mr. BISHOP of Georgia, Ms. SHEA-PORTER, Mr. Under clause 7 of rule XII, sponsors YOUNG of Alaska, Mr. HALL of New York, Mr. ALTMIRE, Mr. CAPUANO, Mr. YARMUTH, Ms. HINOJOSA, Mr. SESTAK, and Mr. MEEK of Flor- HOOLEY, Mr. MURPHY of Connecticut, Mrs. were added to public bills and resolu- ida. LOWEY, Mr. WALZ of Minnesota, Mr. SAR- tions as follows: H.R. 1188: Mr. SCHIFF. BANES, Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 11: Ms. HIRONO. H.R. 1192: Mr. ETHERIDGE and Mr. ALLEN. Mr. THOMPSON of Mississippi, Mr. VAN H.R. 23: Mr. CARNEY. H.R. 1229: Mr. HIGGINS and Mr. ROSS. HOLLEN, Mr. UDALL of New Mexico, and Mr. H.R. 25: Mr. ISSA. H.R. 1237: Mr. NEAL of Massachusetts, Mrs. MURTHA. H.R. 67: Mr. RODRIGUEZ, Mr. HARE, Mr. CUBIN, Mr. COBLE, and Mr. PAUL. H.R. 1705: Ms. HOOLEY, Mr. BAIRD, Mr. HALL of New York, Mr. FATTAH, Mrs. JONES H.R. 1239: Ms. BALDWIN. COSTELLO, Mr. MEEHAN, Mr. OLVER, Mr. of Ohio, Mr. COHEN, and Ms. BERKLEY. H.R. 1293: Mr. ALTMIRE and Mr. WILSON of JOHNSON of Georgia, Mr. DOOLITTLE, Mr. H.R. 73: Mr. PLATTS. South Carolina. MICHAUD, Mr. PLATTS, and Mr. WEINER.

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H.R. 1707: Ms. SLAUGHTER, Mr. TIERNEY, H.R. 1992: Ms. MOORE of Wisconsin, Mr. H. Con. Res. 130: Mr. KENNEDY, Ms. KAP- Mr. WEINER, and Mr. MICHAUD. RYAN of Ohio, and Mr. AL GREEN of Texas. TUR, Mr. HINCHEY, Mrs. MYRICK, Mr. JEFFER- H.R. 1709: Ms. MATSUI. H.R. 2019: Ms. JACKSON-LEE of Texas, Mrs. SON, Mr. MCDERMOTT, Mr. CLEAVER, and Mr. H.R. 1713: Mr. HONDA. MALONEY of New York, Ms. MATSUI, and Mr. RAMSTAD. H.R. 1756: Mr. ELLSWORTH and Mr. GONZALEZ. H. Con. Res. 133: Mr. RAMSTAD. GILLMOR. H.R. 2060: Mr. CHANDLER, Mr. AKIN, Mr. H. Con. Res. 138: Mr. MARSHALL. H.R. 1760: Mr. PETRI. OLVER, Mr. THOMPSON of California, Mr. H. Con. Res. 142: Mr. GRIJALVA, Mrs. DAVIS H.R. 1771: Mr. GRIJALVA. WALZ of Minnesota, Ms. ESHOO, Mr. SALAZAR, of California, Mr. SHERMAN, Mr. COHEN, Mr. H.R. 1772: Mr. GORDON, Mr. WALZ of Min- Mr. CUMMINGS, and Mr. AL GREEN of Texas. AN OLLEN EORGE ILLER nesota, Mr. GRIJALVA, and Ms. KAPTUR. H.R. 2063: Mr. LOBIONDO and Mr. VAN V H , and Mr. G M of H.R. 1781: Mr. LEWIS of Georgia, Mr. FARR, HOLLEN. California. Mr. GENE GREEN of Texas, Ms. SUTTON, Mr. H.R. 2079: Mr. GILCHREST. H. Res. 68: Mr. SERRANO. RAHALL, Mr. MCCOTTER, and Ms. JACKSON- H.R. 2108: Mr. STARK and Mr. COHEN. H. Res. 97: Mr. GRIJALVA. LEE of Texas. H.R. 2111: Mr. CHANDLER. H. Res. 101: Mr. BISHOP of Georgia. H.R. 1783: Ms. SHEA-PORTER, Mrs. BOYDA of H.R. 2116: Mr. CRENSHAW. H. Res. 121: Mr. CLAY, Ms. WATERS, Mr. Kansas, Mr. SPACE, Mr. BRALEY of Iowa, Mr. H.R. 2127: Mr. LUCAS, Mr. COLE of Okla- CONYERS, Mr. BACA, and Mr. BISHOP of Geor- KLEIN of Florida, and Mr. DONNELLY. homa, Mr. SULLIVAN, and Ms. FALLIN. gia. H.R. 1791: Mr. CARTER. H.R. 2135: Mr. KAGEN and Mr. POMEROY. H.R. 1806: Ms. ROS-LEHTINEN and Mr. H.R. 2138: Mr. HOLDEN and Ms. SUTTON. H. Res. 221: Mr. HONDA. KUCINICH. H.R. 2147: Ms. WASSERMAN SCHULTZ, Mr. H. Res. 227: Mr. FILNER. H.R. 1813: Ms. GINNY BROWN-WAITE of Flor- PAYNE, and Ms. CARSON. H. Res. 231: Mr. HASTINGS of Washington. ida and Mr. TOWNS. H.R. 2161: Mr. KNOLLENBERG, Ms. KAPTUR, H. Res. 282: Mr. MCGOVERN, Mr. BRALEY of H.R. 1823: Mr. GOHMERT, Mr. FORTUN˜ O, and Mr. WYNN, Mr. TURNER, and Mr. FILNER. Iowa, Ms. BEAN, Ms. SOLIS, Ms. MATSUI, Mr. Mr. PAYNE. H. Con. Res. 21: Mr. FERGUSON and Mr. COSTA, Ms. SHEA-PORTER, Mr. TIM MURPHY of H.R. 1845: Mr. EDWARDS and Mr. OLVER. KAGEN. Pennsylvania, Mr. MICHAUD, Mr. ELLISON, H. Con. Res. 48: Ms. KAPTUR and Mr. H.R. 1866: Mr. RUPPERSBERGER, Ms. JACK- and Mr. GARRETT of New Jersey. SON-LEE of Texas, Mr. REYES, and Mr. RENZI. CONAWAY. H. Res. 291: Mr. BRALEY of Iowa, Mr. H.R. 1884: Mr. BARROW, Mr. WEXLER, Mr. H. Con. Res. 70: Mr. BLUMENAUER. BISHOP of Georgia, Mr. HARE, and Mr. ROGERS of Alabama, and Mr. BISHOP of Utah. H. Con. Res. 80: Mrs. CAPPS and Ms. WA- COSTELLO. H.R. 1889: Mr. GONZALEZ. TERS. H.R. 1892: Mr. WILSON of Ohio. H. Con. Res. 87: Mr. ARCURI, Mr. BAKER, H. Res. 296: Mr. CAMP of Michigan, Mr. H.R. 1907: Mr. DINGELL. Mr. BISHOP of Georgia, Ms. CORRINE BROWN of WILSON of Ohio, Mr. NADLER, Mr. MOORE of H.R. 1927: Mr. BRALEY of Iowa, Mr. Florida, Ms. CARSON, Mr. COHEN, Mrs. DRAKE, Kansas, Mr. MITCHELL, and Mr. VAN HOLLEN. COSTELLO, and Mr. GENE GREEN of Texas. Mr. DUNCAN, Mr. AL GREEN of Texas, Mr. H. Res. 313: Mr. HUNTER. H.R. 1937: Mr. HERGER, Mrs. CUBIN, Mr. HOEKSTRA, Mr. ISRAEL, Ms. JACKSON-LEE of H. Res. 322: Mr. MARSHALL. LARSEN of Washington, Mr. HALL of Texas, Texas, Mr. KUHL of New York, Mr. LOEBSACK, H. Res. 351: Mr. MCHENRY, Mr. FEENEY, Mr. Mr. PETERSON of Pennsylvania, Mr. ISSA, and Mr. MCGOVERN, Mr. MARKEY, Mr. MURPHY of GINGREY, and Mr. HUNTER. Mr. BARTON of Texas. Connecticut, Mr. OBERSTAR, Mr. OLVER, Mr. H. Res. 352: Mr. GRIJALVA and Mrs. H.R. 1945: Mr. INSLEE and Mr. GRIJALVA. SCOTT of Virginia, Mr. SHAYS, and Mr. NAPOLITANO. H.R. 1947: Mr. DOYLE. TOWNS. H. Res. 353: Mr. MARSHALL. H.R. 1952: Mr. JINDAL and Mr. CUELLAR. H. Con. Res. 102: Mr. FARR. H.R. 1983: Ms. HIRONO, Mr. MICHAUD, Mr. H. Con. Res. 104: Mr. HONDA, Mr. GRIJALVA, H. Res. 354: Mr. WESTMORELAND. BOUCHER, Mrs. EMERSON, Ms. ZOE LOFGREN of and Mr. FARR. H. Res. 369: Ms. LEE and Mr. MCDERMOTT. California, Mr. MILLER of Florida, Mr. H. Con. Res. 120: Mr. BLUNT, Mr. HOLT, Mr. H. Res. 371: Mr. KIND, Mr. BLUMENAUER, SOUDER, and Mr. ABERCROMBIE. VAN HOLLEN, and Ms. JACKSON-LEE of Texas. Ms. SUTTON, and Ms. BORDALLO.

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Vol. 153 WASHINGTON, MONDAY, MAY 7, 2007 No. 74 Senate The Senate met at 2:15 p.m. and was U.S. SENATE, Members should be ready for a num- called to order by the Honorable MARK PRESIDENT PRO TEMPORE, ber of votes starting at around 4 L. PRYOR, a Senator from the State of Washington, DC, May 7, 2007. o’clock today. The first vote will be 15 Arkansas. To the Senate: minutes, and the remaining votes will Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby be 10-minute votes. Everyone should be PRAYER appoint the Honorable MARK L. PRYOR, a alerted to that. The Chaplain, Dr. Barry C. Black, of- Senator from the State of Arkansas, to per- Another matter which I mentioned fered the following prayer: form the duties of the Chair. last week is going to conference with Let us pray. ROBERT C. BYRD, respect to the budget resolution. The Eternal Spirit, remind us today of President pro tempore. House was slated to take that up this truths that matter to keep us from de- Mr. PRYOR thereupon assumed the evening. I think now it may be tomor- ceiving ourselves. Help us to remember chair as Acting President pro tempore. row when they will take it up, so that message may not get to us until that we rarely reap what we haven’t f sown. Remind us that progress is sel- Wednesday. RECOGNITION OF THE MAJORITY This is a very busy week, so everyone dom made on the wings of inevitability LEADER should be aware of the different votes but requires prayerful plans, powerful that may be necessary. We hope we can perseverance, and loving providence. The ACTING PRESIDENT pro tem- complete work on the FDA bill to- Teach us again that forgiveness still pore. The majority leader is recog- night. That is certainly possible; other- heals, truth still liberates, giving still nized. wise, maybe in the early morning. transforms, and love still conquers. f f Give the Members of this body a SCHEDULE meaningful day. Provide them with IRAQ Mr. REID. Mr. President, today, the wisdom to discern the excellent and to Mr. REID. Mr. President, nearly a Senate will be in a period of morning do what is best. Inspire them to con- week has passed since the President ve- business until 4 o’clock, with the time duct themselves in a way that honors toed a bipartisan proposal that fully equally divided and controlled by the You. funded our troops and also changed respective leaders. And, Lord, please remember the vic- course in Iraq so we could responsibly The Senate will resume consideration tims of the Kansas tornado. end the war. We pray in Your wonderful Name. of S. 1082, the FDA bill, at 4 p.m. today. Although the President’s actions Amen. Upon resuming the bill, the Senate will thwarted the will of the American peo- begin several votes: first, the Cochran ple, very clearly, they—the American f second-degree amendment to the Dor- people—deserve to know what their gan amendment, then the Dorgan leaders in Congress are doing. We are PLEDGE OF ALLEGIANCE amendment, and then the cloture vote alerting them that we, as congressional on the substitute amendment. leaders, are doing everything we can to The Honorable MARK L. PRYOR led I understand the managers will be work toward an agreement on an emer- the Pledge of Allegiance, as follows: here very soon to seek consent to dis- gency supplemental funding bill that I pledge allegiance to the Flag of the pose of amendments they have already will make America more secure, fully United States of America, and to the Repub- worked out. Also, Members have until 3 fund our troops, and responsibly lic for which it stands, one nation under God, o’clock today to file any first-degree indivisible, with liberty and justice for all. change course in Iraq. amendments. In addition to filing clo- Our proposal called for a change in ture on the committee substitute f the mission and the phased redeploy- amendment and the bill, I also filed ment of U.S. combat troops no later cloture on the motion to proceed to than October 1 of this year. APPOINTMENT OF ACTING H.R. 1495, the Water Resources Devel- A bipartisan majority of the House PRESIDENT PRO TEMPORE opment Act, which is known as WRDA. and Senate made it clear they believe a The PRESIDING OFFICER. The It is a bipartisan piece of legislation, timeline for the reduction of combat clerk will please read a communication led by Senators BOXER and INHOFE. I operations will compel the Iraqi Gov- to the Senate from the President pro am hopeful it will not be necessary to ernment to take responsibility for tempore (Mr. BYRD). have that cloture vote and that we will their own country, will reduce the The assistant legislative clerk read be able to proceed to the bill once ac- specter of occupation, and will allow the following letter: tion is concluded on the FDA bill. our forces to come home.

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

S5623

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5624 CONGRESSIONAL RECORD — SENATE May 7, 2007 The American people believe this and stability by firing some of the The assistant legislative clerk pro- overwhelmingly. But now there are country’s top law enforcement officials ceeded to call the roll. signs the Republican leadership in Con- for doing too good a job of combating Mr. HATCH. Mr. President, I ask gress is beginning to think a timeline violent Shiite militias. unanimous consent that the order for is necessary as well. According to the President Bush speaks of pressuring the quorum call be rescinded. L.A. Times, House Republican Leader the Iraqi people to take responsibility The ACTING PRESIDENT pro tem- JOHN BOEHNER said: for their own future. Yet while Amer- pore. Without objection, it is so or- Mr. Bush risks defections in the fall if the ican troops are fighting and dying to dered. war situation hasn’t improved. secure the country, the Iraqi Govern- f By the time we get to September or Octo- ment is planning a 2-month summer HATCH AMENDMENT ON ber, members are going to want to know how vacation. well this is working, and if it isn’t, what’s ANTIBIOTICS AND ENANTIOMERS Plan B. Yesterday, eight more courageous American soldiers fell; four the day be- Mr. HATCH. Mr. President, I would The House Republican leader now fore. I have no doubt these develop- like to discuss the amendment which seems to be saying that he and his col- deals with antibiotics and enantiomers, ments weighed on Leader BOEHNER’s leagues agree there must be a time mind when he made his comments sug- which is included in the managers’ limit on the President’s current course gesting a fall timeline to the war in package we are adopting today. in Iraq. I offered this amendment at the Iraq. But I know he is not alone. Many What is also revealing, and somewhat HELP Committee markup, but with- of my Republican friends across the disturbing, is the Republican leader is drew it with assurances that we would aisle feel strongly that a change of willing to allow our troops to stay in work it out prior to floor action. There course in our Iraq strategy is needed— Iraq with a failing strategy until he have been constructive discussions one that holds the administration and and his colleagues decide it is time to among all interested parties and I be- the Iraqis accountable for real results. part with the President. lieve we have worked language out Many of my Republican friends across President Bush—the same President that is acceptable. who vetoed our plan—said this as a the aisle feel it is time for change. This There is a great urgency to this situ- candidate about his predecessor, Bill is the time. I know many of my Repub- ation, and I want to make certain my Clinton, and the war in Bosnia, in 1999: lican friends also intend to be part of colleagues understand it fully. I think it’s important for the president to the solution on the way forward, and I The Infectious Diseases Society of lay out a timetable as to how long they will look forward to working with them. We America, the Alliance for Aging Re- be involved and when they would be with- all look forward to continuing negotia- search, the Institute of Medicine, the drawn. tions, which we will work on today. I Resources for the Future, the Centers We hope President Bush will keep his have spoken to Chairman OBEY today. I for Disease Control, and many others own past words in mind as these nego- talked to him Friday. I will continue have been sounding the alarm about tiations continue. to talk to him every day until we reach the growing threat from resistant We are pleased to see the House Re- agreement on a bill that fully funds the microorganisms and the need for inno- publican leader, speaking on behalf of troops while providing a responsible vation in the area of antibiotics. his caucus, adopt our view that this new course that makes America more Congress must listen. commitment in Iraq must not be open- secure. Nobel Laureate Joshua Lederberg ended, that there must be a timeline. It No one wants to succeed in Iraq and said it well: is surely no coincidence that his views make America more secure than I. We are running out of bullets for dealing come at a time when conditions in Iraq f with a number of (bacterial) infections. Pa- grow worse. tients are dying because we no longer in RESERVATION OF LEADER TIME I am reminded of the Easter sermon many cases have antibiotics that work. of Pope Benedict, delivered only a The ACTING PRESIDENT pro tem- The Hatch amendment is intended to month ago. The Pope said: pore. Under the previous order, the be an initial step in the fight against How many wounds—how much suffering leadership time is reserved. these resistant strains of bacteria by there is in the world. f increasing incentives and innovation. Additionally, the language in the He continued: MORNING BUSINESS Nothing positive comes from Iraq, torn amendment requests FDA to work with apart by continual slaughter as the civilian The ACTING PRESIDENT pro tem- companies to apply the Orphan Drug population flees. pore. Under the previous order, there Act to antibiotics wherever possible. Since those words were spoken, con- will now be a period for the transaction Hand-in-hand with this, it reauthorizes ditions have indeed deteriorated. of morning business until 4 p.m., with the Orphan Drug Act grant and con- In April, our troops suffered the the time equally divided between the tracts from fiscal years 2008 through deadliest month of the year and one of two leaders or their designees, with 2012. As many of my colleagues know, the deadliest of the entire 51 months of Senators permitted to speak for up to this act has resulted in important the war. 10 minutes each. medicines for rare diseases. The President’s own Special Inspec- Mr. REID. I suggest the absence of a The Hatch amendment also ensures tor General for Iraq Reconstruction re- quorum. that currently existing incentives for leased its quarterly report last week- The ACTING PRESIDENT pro tem- new drugs are available for new single end that painted a dispiriting picture pore. The clerk will call the roll. enantiomers in new therapeutic areas of waste, ineffectiveness, and failure to The assistant legislative clerk pro- such as Alzheimer’s, cancer, and type achieve even minimally satisfactory ceeded to call the roll. II diabetes among others. In 1997, FDA results. Mr. REID. Mr. President, I ask unan- issued a Federal Register notice ac- Despite burning through most of the imous consent that the order for the knowledging that the policy needed 20 billion American dollars planned for quorum call be rescinded. clarification and this amendment reconstruction, many Iraqis are with- The ACTING PRESIDENT pro tem- would do that. out basic necessities such as electricity pore. Without objection, it is so or- Let me start with the issue of anti- and clean drinking water. Of course, oil dered. biotics and the need for new antibiotics production is down. Only a third of Mr. REID. Mr. President, I suggest to fight drug-resistant infections. Iraqi children are attending school. the absence of a quorum and ask unani- Many of us have become more and Seventy percent of the kids are suf- mous consent that the time in the more concerned that there is an alarm- fering from symptoms of trauma that quorum call be divided equally between ing increase in the number of drug-re- could paralyze an entire generation the Democrats and the Republicans. sistant infections—many of them seri- that we are counting on to harvest the The ACTING PRESIDENT pro tem- ous—and we are running out of treat- seeds of democracy. pore. Without objection, it is so or- ment options. Iraqi Prime Minister al-Maliki is ac- dered. My first chart is based on data from cused of sabotaging efforts for peace The clerk will call the roll. the Centers for Disease Control and

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5625 Prevention and shows how resistant Community-acquired MRSA is an in- His recovery could take several strains of infections have spread rap- fection that was historically acquired months. As of April 2007, the Smiths’ idly from 1980 to 2000. My colleagues, while in the hospital, but now is im- total bill for Bryce’s care is just under this is a very alarming trend and sadly, pacting young, healthy people. We have $1 million. for all of us, the problem of resistance heard stories of high school, college Fortunately, the family’s insurance continues to grow. and professional athletes losing their does not have a ceiling on payments; A report many of us are familiar lives or careers as a result of these in- otherwise, the Smiths say they would with, Bad Bugs, No Drugs, from the In- fections. Sadly, this infection has be- be in financial ruin. Bryce’s ongoing fectious Diseases Society of America, come far too common, difficult to treat care needs are decreasing, but he still IDSA, highlights the lack of R&D for and has few options to fight it. It can has regular visits with the new antibiotics. leave individuals disfigured, if they pulmonologist, nephrologist, and his Antibiotics are not profitable com- survive. pediatrician. He still tires out easily pared to medications that treat chron- In my own State of Utah, the number with exertion. ic conditions and lifestyle issues. Also, of children with MRSA infections at The fact that children acquire this antibiotics are taken for short periods the Primary Children’s Medical Center infection at home is significant be- of time—unlike medications for chron- in Salt Lake City has dramatically in- cause we used to only worry about it in ic disease which may be taken daily. creased since 1989. the hospital. Last month, there were numerous ar- And, when a new antibiotic comes on Dr. Andy Pavia of Salt Lake City ticles about CDC’s concern that cases the market, it is discouraged from use told me that he ‘‘cared for a 2 month of resistant gonorrhea have dramati- to avoid the development of resistance. old girl who developed MRSA pneu- cally increased and respond to only one monia and almost died as a complica- As a result, it is fair to say that major antibiotic. pharmaceutical companies have not tion of an otherwise mild respiratory There has been much concern over been making significant investments infection. She survived and will be the past couple months related to ex- in antibiotics. going home to her parents, but only tensively-drug resistant—XDR–TB. Given that there are few, if any, anti- after 2 weeks of the most sophisticated Right now, there is a man in Phoenix, biotics in the drug development pipe- intensive care and an additional 4 AZ, whom authorities took action to line, if Congress fails to act, we walk weeks of intravenous antibiotics.’’ isolate in order to avoid the spread of blindly into a future where we must Dr. Pavia went on to explain that the the deadly XDR–TB infection he had fear basic infections we have long Primary Children’s Medical Center sees contracted while out of the country. taken for granted are not a problem. the impact of resistant bacteria almost This comes in addition to the numer- Medicine changed dramatically when every day. ous reports of our soldiers coming penicillin was discovered and physi- In fact, he wrote: home from Iraq with Acinetobactor—a cians had a tool to treat deadly infec- Last week a two year old girl [who] was resistant infection that is especially tions. weeks away from being cured of Burkitt’s difficult to treat and the only option is Can any of my colleagues imagine lymphoma developed shock due to a blood- a very toxic antibiotic. life without penicillin? I am sorry to stream infection with a highly resistant One doctor we have heard from, in a strain of a gram-negative bacteria. Fortu- inform you, we are about there. nately, the bacteria was sensitive to one re- local community, indicated he has seen Over the years, many infections be- maining antibiotic. If it had been resistant, two patients just this month with in- came resistant to penicillin, but we she would not have left the Pediatric ICU fections resistant to every antibiotic were OK—we moved on to the next an- alive. currently available. tibiotic. We had methicillin—and now The doctor related that MRSA is an That is becoming a common occur- serious infections are resistant to that. aggressive, difficult to treat, form of rence. We should consider what the health staph that has spread rapidly within Infections disease specialists can do professionals are telling us. Will we lis- communities. Half of the children he little more than provide supportive ten? We are taking antibiotics and our sees with severe MRSA infections ac- care for those unfortunate patients. Without any new antibiotics in the ability to treat bacterial infections for quired their infection at home. granted. This is a picture of Bryce, whose fam- pharmaceutical pipeline, there is no Infectious disease doctors from all ily tells a similar story. He had his promise of a treatment for years to over the country have been writing to first cold 2 days before Christmas. Be- come. Whatever we do to begin to address their Senators to express their support fore then, 14-month-old Bryce Smith this serious concern, we can’t hope to for my amendment. They tell heart- had never been sick. At 2 a.m. on New realize the benefit for more than a dec- wrenching stories. Year’s Day, his parents took him to the ade. Drug development takes time and Dr. Helen Boucher, a physician at emergency room, where the seriousness money. Yet few companies are willing Tufts Medical Center in Boston, MA, of their son’s condition became imme- to invest either in the area of anti- wrote to tell Congress that patients are diately apparent. biotics. routinely lost ‘‘to infections caused by An X-ray showed that Bryce had I believe this chart shows that is the resistant bacteria for which we have pneumonia. A CT scan showed that his case. As you can see from this chart, few to no options. [They] recently lost right lung was filled with fluid. Four the number of new antibacterial agents two bone marrow transplant recipients hours after arriving at the ER, Bryce that have actually been approved is who survived all the chemo but died of was scheduled for surgery. Doctors minimal. The market forces don’t work multiply-resistant gram negative in- found that a methicillin-resistant well for antibiotics. When we cannot fections. In both cases, [physicians] staph infection had eaten a hole rely on the market, government has an pulled an old antibiotic off the shelf through his lung. obligation to step in. and gave it as a last resort, knowing For the first 12 days that Bryce was The Hatch amendment focuses on in- how toxic it was but having NO other in the hospital, the doctors didn’t centives for research and development options for these young people. . . .’’ know whether he would live. Doctors of antibiotics. Specifically, my amend- She wrote: battled to force air into the child’s ment: Provides equitable treatment for As a doc and an American, it’s horrifying lungs, but as they told his mom, it was so-called ‘‘old’’ antibiotics; promotes to know that few to no companies are invest- like trying to pump air into a brick. communication and education of cur- ing even in discovery of new antibiotics for Doctors prescribed high levels of rent law orphan drug incentives by di- these infections . . . just this week [she] was antibiotics, including vancomycin, in a recting FDA to convene a public meet- presented a case of a previously completely desperate battle to fight the infections. ing to clarify what ‘‘bad bugs’’ may healthy 33 year-old lady who presented to For 6 weeks, the child did not wake up. qualify for orphan designation; reau- the hospital in Boston with pneumonia and During Bryce’s stay in the hospital, he died within 6 hours from community-ac- thorizes the Orphan Drug grants and quired MRSA. Her story and so many others has suffered from several additional in- contracts program which expired Sep- that we see ALL the time, make the need for fections. Bryce is doing much better tember 30, and requires FDA to estab- new and powerful options to treat these in- now, he was released from the hospital, lish, update and make publicly avail- fections critical. but he still must relearn how to walk. able information on antibiotic

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5626 CONGRESSIONAL RECORD — SENATE May 7, 2007 breakpoints. This is important to as- based on new data would qualify for 5- ment, we never would have had to look sure that the antibiotics we and our year exclusivity. However, in order to at these diseased feet. With passage of children take are effective against bac- address the potential for abuse the re- my amendment today, perhaps this terial infections and minimize the pro- vised provision limits 5-year exclu- chart can be relegated to the Russell gression of resistance. sivity to approvals in a new thera- attic forever. Antimicrobial resistance is a public peutic class. In closing, I thank my colleagues for health crisis. In many ways, it is even As this chart states, innovation and recognizing that antimicrobial resist- bigger than drug safety, a point our development of enantiomers may pro- ance is not a brand issue or a generic colleague, Dr. COBURN, made at the vide treatments in cancer, Alzheimer’s issue. Effective treatment for Alz- HELP mark up. disease, type II diabetes. When it heimer’s, cancer, or type II diabetes is This is an issue that touches not just comes to FDA, we need to get it right. not a brand issue or a generic issue. the old or the young, but all Americans I feel we have done a lot of good with These are public health issues. throughout every walk of life. Anti- this bill, and I voted for it in com- I urge my colleagues to take these biotics are as precious a natural re- mittee with the understanding the issues seriously and appreciate that we source as water is to a vibrant and issues I raised on antibiotics and have joined together and not let these healthy community and, guess what, enantiomers would be addressed before serious concerns fall subject to politics the creek is drying up. The Hatch we reached final passage. I am glad as usual. These are growing problems amendment only takes the first steps that, as of yesterday afternoon, we and require attention before it is too to address these issues. have worked out all remaining con- late. If we cannot work together on these cerns and I believe the chairman’s We need to make sure that innova- more minor provisions, how will we commitment at the markup has been tion is encouraged in these areas and truly combat antimicrobial resistance? honored. high scientific standards are main- What will we say to the children, sol- I know that some were concerned tained and the Hatch amendment does diers, athletes, elderly and so many about this amendment, specifically be- just that. others that contract these deadly dis- cause its incentives provisions were The PRESIDING OFFICER (Mr. fueled by exclusivity. With all due re- eases which only years before were suc- WEBB). The Senator from Ohio is recog- cessfully treated with antibiotics? Are spect, I understand the importance of nized. the generic drug industry. We spoke we really willing to walk away and f leave nothing in our arsenal to fight earlier about the need to get it right RULES GOVERNING THE FDA these bad bugs? for follow-on biologics. But we should listen to the public I would like to turn my attention Mr. BROWN. Today, we are likely to health associations, who understand now to a provision in the Hatch amend- wrap up consideration of legislation the need to support innovation. Indeed, ment which encourages innovation in that modifies the rules governing the the Alliance for Aging Research, Infec- another area. This provision provides FDA, an agency that oversees all of the tious Diseases Society of America, Na- for 5-year exclusivity for enantiomers medical products we use and most of tional Organization of Rare Disorders, of previously approved racemic drugs the food we eat. FDA came into being and Immune Deficiency Foundation are in different therapeutic areas based on about a century ago because Americans dedicated to advocating for patients were being sold medicines that caused new data. and doctors and improving public Enantiomers are mirror images of injury, that caused birth defects, that health in this country, and they fully the same drug. You can think of them even caused death; and Americans were support this amendment in its en- as left-handed and right-handed mol- consuming food products that too often tirety. ecules. We now understand that, in The Infectious Diseases Society of were not safe. Those kinds of medicines some cases, these enantiomers have America represents doctors that see were being sold as cures, but they very different activity and safety pro- the threat of resistant bugs every day. didn’t cure anything. files. They recognize the need for innovation FDA’s first responsibility—first re- In simplest terms, imagine the bio- in their therapeutic area. sponsibility—is to safeguard the health logical target is a glove that fits one This isn’t different than 10 years ago of American consumers. But because hand better than the other. When when the American Academy of Pediat- the products under FDA’s authority ac- Hatch-Waxman was passed originally, rics argued passionately for the need count for 25 cents out of every dollar we didn’t contemplate the isolation of for innovation in pediatric research. U.S. consumers spend, there is a pull one enantiomer from an approved drug Some may not remember that the ge- on the agency that has nothing to do made up of a mixture of enantiomers neric drug industry opposed that provi- with patient safety and everything to and its development for a new use sion saying that innovation was not do with drugs, both brand name and ge- based on all new data. necessary. neric, and medical device industry But today that is exactly what is In contrast, I am pleased that we profits. happening. Sponsors are finding new have achieved an agreement today that I remember a few years ago, when I important uses for enantiomers of recognizes the need for this innovation served as ranking member of the Com- drugs previously approved as a mixture in research involving antibiotics and merce Committee’s Health Sub- of enantiomers. enantiomers. committee in the House of Representa- Where FDA is requiring all new data Ten years ago, Congress passed the tives, a representative from FDA start- for approval of these single last major piece of FDA legislation, the ed his testimony to us in front of that enantiomers and will not allow a com- Food and Drug Administration Mod- subcommittee by showing us a chart pany to rely on any of the data sub- ernization Act, or FDAMA. that tracked the U.S. drug industry’s mitted in the original application for Those of us who were here then recall global market share. the mixture of enantiomers, these sin- ever-so-vividly the infamous chart of As I told that representative, FDA is gle enantiomers are effectively new the feet displayed with great effective- not the marketing arm of the drug in- chemical entities and should be enti- ness by our colleague Senator KEN- dustry. It is the patient safety arm of tled to 5-year exclusivity. NEDY. the Federal Government, to guarantee In 1997, in a Federal Register notice, I hasten to say many have had recur- safe products for Americans who con- FDA laid out the issue, acknowledging ring nightmares about the horror of sume medicine, food, and the like. the lack of clarity in the law regarding these feet. The Senator and his very But FDA’s drug industry dog and 5-year exclusivity for enantiomers and bright staff were ever-so-clever in their pony show is emblematic of the key the need to incentivize this type of de- effective use of this chart. Today, I problem this bill is designed to address. velopment. FDA requested comments hope to have the same effect, although FDA has strayed from its public health but never finalized a policy. I do not wish to spawn a new genera- mission, and this legislation will help The Hatch amendment makes it clear tion of nightmares. to get us back on track. that development of an enantiomer for I submit to my colleagues, that if we S. 1082 requires FDA and drugmakers new use in a new therapeutic area had adequate antibiotics in develop- to work together to assure the safety

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5627 of medicines before and after a new consent that the time be charged ator ENZI finish a very good job they drug is approved for marketing. It equally to both sides. started through the HELP Committee. gives FDA more authority to prevent The PRESIDING OFFICER. Without S. 1082 is a first step in setting a new misleading drug ads and limit patient objection, it is so ordered. direction for the safety of prescription exposure to drug risks that may still The clerk will call the roll. drugs. As I said the week before last, I be emerging. The assistant legislative clerk pro- am heartened by the fact that this bill S. 1082 is intended to realign FDA’s ceeded to call the roll. attempts to address some of the many actions with its public safety mission. Mr. GRASSLEY. Mr. President, I ask failures I have exposed over the last 3 While there are aspects of the bill that unanimous consent that the order for years at the FDA, failures that nega- I wish were stronger, I believe S. 1082 the quorum call be rescinded. tively affect the core mission of the will improve patient safety and ulti- The PRESIDING OFFICER. Without FDA. For the first time in almost a mately the bill will save lives. objection, it is so ordered. decade, we have an opportunity to re- Chairman KENNEDY and Ranking Mr. GRASSLEY. We have 18 minutes form, improve, and reestablish the Member ENZI, their staff members, and remaining. I yield myself 9 minutes. FDA as what it should be: the gold Ellie Dehoney on my staff, literally The PRESIDING OFFICER. The Sen- standard of drug safety. worked night and day on this legisla- ator is recognized. The bills Senator DODD and I have in- tion. Other Senators have been there f troduced in the past were intended to right along with them working to in- enhance drug and device safety and to corporate other key consumer health AMENDMENTS TO THE FOOD AND bring transparency. Over the past two and safety provisions into this bill. DRUG ADMINISTRATION REVI- Congresses, I have worked with Sen- As a result, this legislation will not TALIZATION ACT ator DODD on these bills. One of these only help us prevent drug safety crises, Mr. GRASSLEY. Mr. President, there bills asks for the creation of a new cen- it will help prevent the exploitation of are two amendments I am going to ter devoted solely to postmarketing the ‘‘citizen petition’’ process, which bring up on the bill that will be before drug safety, a center that would bow to delays access to lower priced medi- the Senate. Amendment No. 1039, no one but the American consumer, a cines. which Senators MIKULSKI and BROWN center that would be an independent Prescription drug affordability is a will also be cosponsoring, provides for voice for consumers, a center that patient safety issue. What medicines joint postmarketing decisionmaking would reside in the FDA and decide cost determines who can afford them between two offices within the FDA— what to do and when to do it when an and who must forego them. That is a the Office of Surveillance and Epidemi- unexpected safety risk arises from a patient safety issue. ology and the Office of New Drugs. drug. Thanks to the hard work of Senators These offices would address jointly There is strong opposition to such a HATCH and STABENOW, among others, postmarketing drug safety issues. center, I found. This is the case even this bill also responds to the problem This postmarketing decisionmaking though scientists and epidemiologists of antibiotic resistance. It takes steps is intended to include labeling changes working in the FDA, as well as inde- to spur innovation and reduce costs in requiring additional postmarketing pendent thought leaders, believe the that market. studies and restrictions on distribution Food and Drug Administration Safety Thanks to the hard work of Senators and use of drugs. The joint decision- Act of 2007 would prevent another DODD, CLINTON, and others, this bill Vioxx debacle. will help ensure children receive the making would give the Office of Sur- veillance and Epidemiology signoff au- The HELP Committee incorporated right medicine at the right dosage and certain aspects of Grassley-Dodd and that they can benefit from medical de- thority. This is different than its present role of being a mere consultant Dodd-Grassley bills in the bill before vices tailored to their special needs. us, and I thank Senator KENNEDY and S. 1082 is an important bill, and it to the Office of New Drugs. It is very important to understand Senator ENZI for doing that. will be a better bill if this body passes During floor debates, I have seen that the core of this amendment was the Dorgan amendment to enable the agreements and long-term commit- recommended by the Institute of Medi- safe importation of prescription drugs ments fall through. It is clear to me S. cine last fall. and rejects Senator COCHRAN’s amend- 1082 will never include a separate cen- The other amendment is amendment ment to prevent safe reimportation. ter for postmarketing safety. The way No. 998, which Senator DODD will also Consumers are importing prescrip- the process works will not allow a new be cosponsoring. It provides for the ap- tion drugs today. Seniors in Ohio are center to be created in the FDA. That plication of stronger civil penalties for taking bus trips to Canada to buy their is very unfortunate. It is particularly noncompliance with approved risk prescriptions in Windsor. It is hap- unfortunate for our consumers. Sen- evaluation. pening in border States throughout our ator DODD and I concluded a new inde- Currently, S. 1082 contains penalties country because our country pays the pendent center was the best way to en- that are insignificant for large compa- highest prices in the world for prescrip- sure postmarketing drug safety. But, nies and amount to nothing more than tion drugs. again, there is strong opposition to the cost of doing business. This amend- Our Government isn’t doing anything such a center, despite the fact that it is about that. Too many members of Con- ment is intended to give the FDA, the the right thing to do. gress—House and Senate—are, frankly, watchdog, some bite along with its The wheeling and dealing and lob- too involved and too influenced by big bark. bying on this bill have made it impos- drug companies. So American con- Big PhRMA doesn’t like my amend- sible for a new postmarketing center to sumers are now taking matters into ments because they shake up the sta- become a reality. So instead, I am here their own hands. American consumers tus quo. The status quo includes FDA’s to offer a lesser amendment. It is lesser are importing prescription drugs today. debacle, such as Vioxx and the failure because it is not the best we can do. I We can help them do it safely or we can of FDA to notify doctors and parents of know we can do better. Amendment turn our backs and simply wish them potentially tragic effects of No. 1039 has its roots in the Institute of well. This Senate, and the House, for antidepressants on children. Medicine recommendations and should too many years, along with this Presi- These amendments would make post- be embraced by every Member. Specifi- dent, have turned our backs and wished marketing safety concerns a fore- cally, the Institute of Medicine stated them well. thought rather than an afterthought at in its report: the FDA. These amendments are in- It is time for something different. The committee recommends that CDER Let’s help our citizens import prescrip- tended to establish greater account- appoint an OSE staff member to each new tion drugs safely. Vote for Senator ability, break the stronghold big drug application review team and assign DORGAN’s drug safety initiative and PhRMA has on the FDA, and make joint authority to OND and OSE for the post- vote against Senator COCHRAN’s poison postmarketing safety a meaningful ef- approval regulatory actions related to safe- pill. fort at the agency. ty. I yield the floor, and I suggest the ab- Today, through my amendments, I Two members of the Institute of sence of a quorum and ask unanimous hope to help Senator KENNEDY and Sen- Medicine committee which issued the

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5628 CONGRESSIONAL RECORD — SENATE May 7, 2007 report reiterated recommendations in istration did not have enough tools to I again thank Senators KENNEDY and an article published last week in the deal with the new risks that became ENZI for the tremendous efforts that Journal of the American Medical Asso- evident only after Vioxx had been on went into bringing this bill to the ciation. In particular, they stated: the market for some time. floor, and I again thank them for incor- The Institute of Medicine identified the But the problem with the Vioxx mess porating a number of the provisions set imbalance in authority between the Office of and the antidepressant mess wasn’t forth in the two bills filed by Senator New Drugs and the Office of Surveillance and only about having enough tools, it was DODD and me. Epidemiology as a major weakness in the about FDA managers disregarding the Mr. President, I yield the floor. drug safety system. In an effort to facilitate concerns raised by its own scientists in a collaborative and constructive team ap- f the Office of Surveillance and Epidemi- proach, the Institute of Medicine rec- ORDER OF PROCEDURE ommended joint authority for the Office of ology and not taking action in a timely New Drugs and Office of Surveillance and Ep- manner. Mr. KENNEDY. Mr. President, I un- idemiology in the postapproval setting. Amendment No. 1039, which is in the derstand there is a time allocation; am These experts noted that the FDA’s Institute of Medicine recommenda- I correct? response to the Institute of Medicine’s tions, is intended to curb delays when The PRESIDING OFFICER. That is recommendations ‘‘represent incre- it comes to safety. correct. mental progress’’ but suggest that the I have also been told by scientists Mr. KENNEDY. Could the President FDA failed to embrace, among other and epidemiologists working in the tell us the time allocation remaining? things, ‘‘the equality between the FDA, as well as independent thought The PRESIDING OFFICER. The Re- preapproval and postapproval activity leaders, that S. 1082 as it stands will publicans have 9 minutes remaining of the agency.’’ not prevent another Vioxx debacle. and the majority has 35 minutes. Having equality between the preap- They have told me that the Office of Mr. KENNEDY. I note that the Sen- proval and postapproval activities at Surveillance and Epidemiology needs, ator from Maine was on the floor be- the FDA is fundamental to real reform. at the minimum, joint postmarketing fore I came down, and I know there are It is common sense. This is especially decisionmaking authority with the Of- other Senators, Senator ROBERTS being true when we think about what we fice of New Drugs to ensure prompt one, who wanted to speak, and I think have learned from the operation of the postmarketing action. Senator BURR. We also have a number FDA over the past few years and those I also am afraid to say, that right on our side. shortcomings. now, I am at the beginning of another My ranking member is here, and I As we debate this bill, we are going review that will likely lead to concerns imagine he will allocate the time on to hear a lot about the impressive In- similar to those we have seen in the his side. I am glad to have the good stitute of Medicine study and its rec- past—a situation where the post- Senator from Maine go ahead. I under- ommendations to improve the FDA. We marketing adverse events are severe stand there are 9 minutes in total on have and will continue to hear Mem- and the public knows nothing. her side. bers talk about how S. 1082 addresses The other amendment I want to talk Mr. President, I ask unanimous con- many of the Institute of Medicine’s about, amendment No. 998, is just plain sent that I be allowed to follow her. recommendations. However, this is one common sense. The PRESIDING OFFICER. Without important and sweeping recommenda- For FDA’s new authorities to be objection, it is so ordered. meaningful, there has to be strong civil tion that is not addressed in the bill f before us. monetary penalties. Amendment No. 1039 is intended to I hear that there is a lot of opposi- IMPORTATION OF PRESCRIPTION address that shortcoming. I have seen tion to having stronger civil monetary DRUGS time and again in my investigations penalties than those currently in S. Ms. SNOWE. Mr. President, I thank that serious adverse effects that 1082. But that just does not make sense the Senator from Massachusetts for his emerge after a drug is on the market to me. courtesy and for his cosponsorship of do not necessarily get the prompt at- Over the last week I have heard this initiative. I, obviously, want to tention they deserve. They are cer- members talk about giving FDA some also thank the sponsor of this legisla- tainly not getting the attention from bite. Well, let’s add some teeth. tion, with whom I am privileged to Civil monetary penalties need to be the Office of New Drugs. join, the Senator from North Dakota, more than the cost of doing business. Even the Government Accountability who has demonstrated leadership for Office report entitled, ‘‘Improvement If civil monetary penalties are nothing more that the cost of doing busi- the last decade on this initiative which Needed in FDA’s Postmarket Decision- is so crucial to the American con- making and Oversight Process,’’ stat- ness, you can’t change behavior and, more importantly, you can’t deter in- sumer. ed: I rise to speak today on behalf of the FDA lacks clear and effective processes for tentional bad behavior. Amendment No. 998 would increase Dorgan-Snowe amendment regarding making decisions about, and providing man- drug importation. I know the Senator agement oversight of, postmarket safety the penalties that can be imposed if issues. companies fail to comply with the re- from Mississippi, Mr. COCHRAN, has of- I, for one, have seen too many people quirements of the ‘‘risk evaluation and fered a second-degree amendment to suffer from the results of the Vioxx management strategies,’’ such as label- require the Secretary of Health and mess. I also have heard from parents ing changes and requirements for post- Human Services certify both the sav- whose children committed suicide on approval studies or risk communica- ings and safety of drug importation. antidepressants. tion plans. Obviously, there is concern for the This amendment is about making These requirements are at the core of safety of the American people. It is one postmarketing safety in S. 1082 a re- S. 1082. But, FDA cannot be an effec- that I appreciate strongly. It must be ality, not just another byline. Identi- tive regulator if it’s all bark and no our highest priority. But we have been fying a safety issue after a drug is on bite. at this juncture before with respect to the market is the beginning of the The last thing we need to do with drug importation. process of protecting the American this bill is to provide the FDA with As I mentioned earlier, twice before consumer. new authorities but little enforcement we have seen the Congress adopt a re- Once the safety questions are identi- capacity. That’s not accountability quirement for the Secretary to certify fied, FDA needs to be empowered and and that won’t help FDA do its job bet- safety and savings before imple- willing to take action to address those ter for the American people, and it menting a program of prescription drug questions and to ensure timely notice won’t punish bad players. importation, and not a single prescrip- to doctors and consumers of new safety That is why amendment Nos. 1039 and tion drug was imported under either risks for drugs that they are already 998 make sense. the MEDS Act of 2000 or the Medicare taking. They fit into S. 1082 and its stated Modernization Act of 2003. Americans Senator ENZI stated last Monday that goal of promoting postmarketing safe- deserve access to affordable medica- with Vioxx, the Food and Drug Admin- ty. tions, and that access must be safe, but

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5629 it is not made so by simply certifying grams that would achieve indisputable sumers—in fact, paying the highest with respect to drug importation. As I savings. Every cent of that savings, the prices in the world—this amounts to said, twice before we have been CBO estimates, will be lost if the Coch- $99 billion more than the foreign con- through this—in 2000, and of course in ran amendment is adopted because, as sumers. That is what Americans pay the Medicare Modernization Act of 2003 we all know, there would be no legal today. Some would say: Oh, that af- under the prescription drug benefit for importation. fects research and development. Well, the Part D Program. The savings are clear. Yet the advo- no, not exactly. In fact, the pharma- Many who are in the Senate today cates of certification continue to insist ceutical industry spends about 10 per- supported a certification requirement certification is critical—particularly cent of that $99 billion. So about $10 in good faith, recognizing that the Sec- regarding safety. Yet what is needed is billion in research and development retary of Health and Human Services not a certification requirement, which more than they do in Europe. So we are would certify the safety upon review- simply is a stamp on the status quo, not seeing the increase in prices that ing and evaluating circumstances, but but real action to assure the safety of Americans pay being channeled into that has not occurred. Most would not prescription drugs. more research and development. It think such a certification would block By way of analogy, I would like to simply is not the case. Americans from legally importing know where we would be if we applied What this does say is that American medications. That is because for years this simple certification approach to consumers are paying more than any- we have seen our constituents—and other areas. Consider air travel. Ameri- one else in the world. Not only are they certainly those from my State of cans embark on thousands of flights paying more for their drugs, but Amer- Maine—using Canadian pharmacies, every day, but the travel of millions is ican taxpayers are underwriting the re- and both the safety and savings were not dependent on certifying the status search and development, as we have indisputable. Yet certification did not quo. We rely on regulation and overseen obviously with the National Insti- arrive. sight of the aircraft that fly and their tutes of Health. The taxpayer under- As a result, the former Secretary of maintenance—of the individuals who stands how important it is that the Health and Human Services, Secretary crew, service, and direct those air- Federal Government remain on the Shalala, declined to make the certifi- craft—of every critical aspect of avia- vanguard of research and development cation with respect to the MEDS Act, tion. If we were waiting for the FAA of life-threatening medications, and and we know she did so because of and its international partners to sim- not only are they paying for the re- three specific flaws in the law, each of ply say flying is safe rather than act- search and development that benefits which this legislation addresses. ing to make it safe, we simply wouldn’t foreign consumers, who are paying 35 After the passage of the Medicare have commercial air travel. to 55 percent less, but they are also Modernization Act, which included the I note that last week, as the Senate paying the highest prices in the world. prescription drug program, we saw that discussed problems with both the drug That is why this legislation allowing former Secretary Thompson could not and food safety, I did not hear my col- for drug importation is so essential. We certify importation. The fact is, it is leagues suggest FDA certify that im- have addressed every safety concern. We create a regime for tracking the patently unfair to ask the Secretary to ported food is safe. We, instead, spoke shipments, creating a pedigree, cre- make such a certification, especially as about measures to make it so. That ating a history with FDA approval—in- to safety. That is because you must points to what this amendment is spected and registered. So I would urge give the Secretary the resources and about—not ensuring safety but block- the Members of the Senate to defeat the authority to implement measures ing fair access to imports for Ameri- this certification amendment and to to make prescription drugs and their cans. support the Dorgan-Snowe amendment. distribution as safe as possible. The fact is, Americans simply cannot I think we have achieved a milestone So it comes as no surprise that given see why it is that they cannot be pro- moment in the Senate, where we have no standards, no authority, and no re- vided a safe and effective system, finally recognized and acknowledged sources, we have failed to see a Sec- which is exactly what the Dorgan- that the day has come to allow Ameri- retary provide certification over the Snowe amendment does and what this cans to take advantage of more com- last 7 years. Secretary Thompson un- legislation has been drafted to accom- petitive prices than have been avail- derstood this well. He said it simply: plish year in and year out. We have taken every conceivable concern re- able to them before. The law is this: In order to import drugs I yield the floor. from any country, and especially Canada, I garding safety and incorporated it in have to certify that all those drugs are safe. this legislation. f That is an impossible thing. If Congress As you can see on this chart, we in- ORDER OF PROCEDURE wants to import drugs, they should take that corporate 31 provisions. Compare that provision out. Mr. KENNEDY. Mr. President, we to the Medicare Modernization Act, will speak as in morning business for 10 The certification of savings is no less which included the Part D prescription minutes and if the Chair would let me of a red herring. In fact, it has become drug program for seniors, that included know when I have a minute left. a persistent roadblock every time we only six safety-related provisions. We Mr. DORGAN. Mr. President, reserv- have passed certification to allow drug included 31 different provisions. That is ing the right to object, and I certainly importation by the Secretary of Health crucial to understanding that this sets would not object, but I want to under- and Human Services. Without a doubt, up a system that will allow FDA in- stand the time. We have a vote at 4 Americans would not purchase im- spectors to approve registered prescrip- o’clock, I believe, which is already or- ported medications if substantial sav- tion drugs imported from other coun- dered. Would the President tell me ings were not being realized. Indeed, tries—in fact, countries that meet or what the time is between the two par- the Congressional Budget Office has exceed our standards. Compare that, ties, how it is divided and who controls told us the countries from which we for example, to the fact that the FDA time at this point? would import under this bill pay 35 to approves manufacturing facilities in The PRESIDING OFFICER. The time 55 percent less for brand prescription other countries that actually have for morning business has been equally drugs and that we can realize a drug lower standards than our country does. divided until 4 o’clock. The Repub- savings alone of $50 billion over 10 We allow medications to be manufac- licans have no time remaining, and the years. It should be patently obvious tured in other countries with lower majority has 33 minutes. the savings part of certifying importa- standards than what we have. Yet we Mr. DORGAN. Senator KENNEDY is tion is a nonissue. are now saying we will not allow im- asking for 10 minutes in morning busi- In fact, the Congressional Budget Of- portations of medications from coun- ness? fice has confirmed those savings again, tries that meet or exceed our stand- The PRESIDING OFFICER. Senators estimating that in addition to con- ards. are permitted to speak for 10 minutes. sumer savings, the Federal Govern- At a time in which American con- Mr. DORGAN. Might I ask to follow ment would save $10.6 billion—includ- sumers are paying 35 to 55 percent Senator KENNEDY in morning business ing the Medicare and Medicaid Pro- more for drugs than foreign con- for 10 minutes?

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5630 CONGRESSIONAL RECORD — SENATE May 7, 2007 Mr. ROBERTS. Mr. President, reserv- public health, and it is going to de- the approval process of FDA drugs, ing the right to object, if that is where mand a great deal of time and careful while making certain the FDA can re- we are. attention to make sure we get that view issues that have merit. The list Mr. KENNEDY. Mr. President, could issue correct. also includes a novel proposal from I have the attention of Members. I un- It is important to not fail the Amer- Senator BROWNBACK and Senator derstand the good Senator from Kansas ican people but to see progress made in BROWN to encourage the development wanted to make a brief statement addressing this issue. The only way we of new therapies for neglected diseases. about the terrible tragedies that have can do it is make sure we get legisla- Under this innovative and thoughtful affected his State, and I see my friend tion that is going to pass the Senate, proposal, companies that have devel- from Vermont is here, so if he were to pass the House of Representatives, and oped new treatments or vaccines for take 10 minutes, we would still have 10 move into conference. We are strongly tropical diseases will receive a credit minutes. committed to doing that. entitling them to a priority review at Mr. SANDERS. Ten minutes would I commend our colleagues for all FDA for a product of their choosing. be fine. their good work and assistance. We had The proposal will not raise costs to Mr. KENNEDY. I am wondering if a rigorous markup in our committee consumers nor will it change safety Senator SANDERS would be willing to for several hours. There were a number standards. It is a very solid, imagina- take 6 minutes and let Senator ROB- of different amendments. We have ad- tive, and creative approach. I commend ERTS have 4 to talk about the tragedies dressed the issue of food safety with Senator HATCH for his amendment on in his State. He mentioned this earlier the Durbin amendment. This issue has antibiotics, as well Senators BROWN, to me, and I didn’t think we would been on the front pages all over this BURR, STABENOW and others for con- have this time dilemma. Would that be country and all over the world, par- tributing important proposals to this acceptable? ticularly with regard to pet food as amendment. Mr. SANDERS. Yes. well as food safety generally. This leg- The amendment strikes the right bal- Mr. ROBERTS. I could not hear the islation will go a long way toward giv- ance between innovation and access, amount of time I might be permitted. ing assurances to American families and closes a loophole that eliminated Mr. KENNEDY. We have the whole 30 that all of our food products are going the incentives to bring old but never minutes, but the Senator from to be safe and secure. approved antibiotics to market. Vermont has said that, of his 10 min- There are other provisions such as If there were more time, I would de- utes, he would be glad to yield to you developing a nonprofit foundation so scribe other amendments on the list, 4 minutes, and then he will take 6 min- we can draw from the private sector but I simply wish to thank all our col- utes. Would that be agreeable? and the public sector to make sure that leagues. This issue is a matter of enor- Mr. ROBERTS. If I could plead with agency is going to have the best of new mous importance and incredible con- the Senator for 5 minutes? techniques and new modalities, and to sequence to the safety and security of Mr. SANDERS. Yes. try to make sure the products that are the American consumer. This legisla- Mr. ROBERTS. I thank the Senator before the Agency are going to be safe tion brings the FDA into the 21st cen- from Vermont. and secure and available as fast as pos- tury. I commend my friend and col- The PRESIDING OFFICER. Without sible. There will be a new emphasis in league Senator ENZI for all his work. objection, it is so ordered. terms of science and also, as my friend Most of all, I want to thank our staffs. Mr. KENNEDY. Mr. President, I will from Wyoming points out, a toolbox They have been tireless, over this past yield 1 minute of my time to Senator that will be available to the FDA in week, on a variety of different amend- SANDERS. order to ensure that we can get drugs ments and prior to that time as we Mr. SANDERS. I thank the Senator. more rapidly to the consumer but worked our way to the floor of the Sen- The PRESIDING OFFICER. The Sen- make sure they will be safer for Amer- ate. ator from Massachusetts is recognized. ican families, using the best of new This is a very comprehensive bill. It f technology, information technology, to is enormously important. We believe it make sure they are going to be more DRUG SAFETY will help in providing greater safety for safe. American families, greater innovative- Mr. KENNEDY. Mr. President, hope- I am enormously appreciative of the ness in terms of breakthrough drugs fully during this afternoon we will work of my friend from North Dakota, and in terms of food safety, and greater have a chance to move irrevocably to- Senator DORGAN, on the issue of cost opportunities for the FDA to have the ward bringing the FDA into the 21st and price. Part of this is making sure best science there is. century, in terms of safety and secu- we are going to have drugs that will be Mr. President, whatever remaining rity for American families. We do that safe, but we also want to make them time that I have, I yield it to the Sen- with our primary focus making sure accessible and available. I commend ator from Vermont. that in this time of the life sciences, him and all those who have been a part I yield the floor. the extraordinary breakthroughs we of this process. This is certainly an as- Mr. DORGAN. Mr. President, I will are seeing every single day, that the pect of the prescription drug issue that allow the Senator from Kansas, if he Food and Drug Administration is going we should constantly address. would prefer, to proceed for his 5 min- to bring those new opportunities to I thank Senator ROBERTS and Sen- utes, asking that I be recognized for 10 American families but do it safely and ator HARKIN for working with Senator minutes following his presentation. do it efficaciously and do it in a way ENZI and me on the important issue of Mr. ROBERTS. Mr. President, I which is going to ensure that every DTC, direct-to-consumer advertising. thank the distinguished Senator. I family in America is going to have safe We have accomplished our common thank the distinguished Senator from prescription drugs and safe products goal of a constitutionally sound, effec- Vermont for allowing me to speak. over which the FDA has jurisdiction. tive, workable way to make sure that f I thank my friend from Wyoming for DTC ads provide accurate information all his good work. We are going to have to patients about the drugs they are DISASTER IN GREENSBURG, a series of three votes, and then we taking. This amendment strikes the KANSAS may very well set a pathway, hope- moratorium on DTC ads that had given Mr. ROBERTS. My colleagues, last fully, toward a successful conclusion of rise to Constitutional concerns, and I Friday evening the town of Greens- this legislation. He and I are both think we have a very solid resolution. burg, KS, was literally wiped off the eager to see this legislation in the con- I wish to thank Senators STABENOW, map by an enormous, mile-and-a-half, ference to work out, with the House of BROWN, LOTT, THUNE, COBURN and level 5 tornado. As a result of this and Representatives, the points of dif- HATCH for reaching agreement on the storms associated with the system, 12 ference with the House. We are also difficult issue of citizens petitions. Kansans are confirmed dead—and I fear eager to work out the extremely im- Their amendment prohibits the abuse that number may still rise—and all of portant area of the follow-on biologics. of the citizens petition process, a proc- the 1,500 residents of Greensburg have It is an enormously important area of ess that led to unwarranted delays in been displaced.

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5631 What we have experienced in Greens- DRUG ADVERTISING abridging the freedom of speech . . . .’’ burg is unlike any other event in re- Mr. ROBERTS. Mr. President, I For more than three decades, this pro- cent Kansas history. The hospital is thank Chairman KENNEDY, Ranking tection has been extended to speech in gone. The schools are gone. Every Member ENZI and all of my colleagues the form of advertising, or commercial church is gone. Virtually every busi- for accepting my amendment to im- speech. ness in the community is gone, includ- prove the drug advertisement provi- The U.S. Supreme Court has set down an explicit four-part test—known as ing all of Main Street. Estimates are sions included in S. 1082, the Food and the Central Hudson test—to determine that fully 95 percent of the structures Drug Administration Revitalization if a speech restriction violates the first in the town are damaged and de- Act. amendment. My amendment, replaces the drug ad- stroyed. I believe the advertising provisions in But this is not all. Even as cleanup is vertisement provisions in the under- the underlying bill fail the key parts of starting, more storms continue to lying bill with what I believe is a more that test and my view is supported by pound our State. Flooding and strong commonsense approach to dealing with constitutional experts, including the storms continue to compound the prob- prescription drug advertisements. American Civil Liberties Union— During the markup of this bill in the lem. ACLU, the Washington Legal Founda- HELP Committee a few weeks ago, the tion and several other constitutional Too often, while government does not chairman and Ranking Member ENZI experts. communicate and work well as part- committed to working with me to ad- However, I understand that there are ners in times of need and emergency, dress my concerns on this issue. This strong concerns with drug advertising. sometimes we could double that for amendment represents the result of our I agree that we have a legitimate inter- Congress. However, this weekend my efforts to achieve an outcome that is est in ensuring these advertisements fellow Kansas Congressman and the acceptable to all of us. are not false or misleading. This is why Governor of Kansas and I all toured the I also want to thank Senators HAR- my amendment takes a reasonable and devastated town of Greensburg. We KIN, BURR, and COBURN for their leader- commonsense approach to deal with were accompanied by our State’s top- ship on this issue and for cosponsoring drug advertisements. notch emergency officials. I spoke ex- my amendment. My amendment stresses the impor- tensively with all levels of FEMA, in Chairman KENNEDY and Ranking tance of assuring that advertising is an effort to make sure they had every- Member ENZI, I want to say that I accurate and balanced and recognizes thing they needed to move into place, truly appreciate the hard work you that companies should be held account- and I talked to President Bush to give both have done in putting together this able if their ads are false or mis- him a personal update from a McDon- bill. I know you and your staff have put leading. ald’s in Pratt, KS. Let me tell you, in many long months of work to get us My amendment strikes the 2-year there is nothing quite like speaking to to this point. moratorium on advertising in the un- I specifically want to thank David derlying bill and instead allows the the President of the United States Bowen of Chairman KENNEDY’s staff Secretary to assess civil monetary pen- from a phonebooth in a local McDon- and Amy Muhlberg of Senator ENZI’s alties—up to $150,000 for the first viola- ald’s to let the surrounding residents staff for working so closely with me tion and $300,000 for subsequent viola- know their Government does mean and my office on finding a resolution tions—on drug companies that produce business. on the drug advertising issue. David false or misleading ads. The President has been very sup- and Amy, I appreciate your commit- This will ensure that patients will portive. We have been notified by the ment and professionalism in helping us know truthful and accurate informa- White House that he will be making a to achieve this compromise. tion about new prescription medica- trip to Kansas to personally view the While I strongly support the goals of tions in a timely manner, rather than damage and visit with the people of this legislation to ensure drug safety having to wait until 2 years after their Greensburg. The credit for this not and to renew some very important pre- arrival in the marketplace. only falls on Federal shoulders but scription drug and medical device pro- My amendment also allows the Sec- those of our National Guard, all of the grams, I have serious concerns with retary to require the disclosure of a se- first responders, Red Cross, and many provisions in the underlying bill re- rious risk or date of approval of the drug in the advertisement if he or she volunteers who, along with President garding drug advertising. I believe believes the ad would be false or mis- Bush and the FEMA team and our these provisions would infringe on our leading without the disclosures. State officials, are now working 24/7 to first amendment rights to free speech. Of most concern to me is a provision My amendment requires that major make it possible for the residents of statements about a drug’s side effects, in the underlying bill to give the Sec- Greensburg to rebuild and return contraindications and effectiveness in retary the discretion to institute a 2- home. television or radio ads be presented in year ban on advertising for new drugs a clear and conspicuous manner so as I stood here this winter, following a and related restrictions on drug adver- blizzard that buried much of western not to mislead the public. tising. My amendment also does not change Kansas, and proclaimed the resiliency As a former editor and reporter for of Kansans, our willingness to help the current language in the underlying several newspapers, I feel that these bill which allows the Secretary to re- each other and our sheer determination provisions violate the first amendment when faced with great odds. That de- view direct-to-consumer ads before a and would do nothing to address con- drug company disseminates these ads termination is being tested again, but I cerns that have been expressed with have no doubt in the coming days and to the public. drug advertising. Instead, we would This will allow the FDA to comment weeks and months that the story of have a situation where the Secretary and provide constructive feedback to Greensburg will progress from one of would become the editor for all pre- companies to ensure their ads are ap- horrible tragedy to one of optimism scription drug advertisements and propriate and not misleading. Many and hope for the future as we help one could ban drug advertising for up to 2 companies are already submitting their another rebuild, one brick at a time. It years. ads to the FDA for review. may be possible, indeed likely, that as This would certainly put us on a slip- Truthful and accurate prescription we move forward, we may need addi- pery slope to restricting advertise- drug ads do provide a benefit to the tional emergency assistance or legisla- ments in other industries, and I don’t public. Research has shown that people tion from Congress to assist the resi- think that is a responsible approach. are more likely to go to the doctor, ask dents of the town that no longer exists. The freedom that is guaranteed to us thoughtful questions and discuss sen- I put our Senate leadership and all our under the first amendment demands sitive health issues with their doctors colleagues on notice today that we will that we carefully consider any proposal as a result of DTC ads. likely be coming to you with any re- that would impose a ban or other limi- My amendment ensures these posi- quests for assistance to rebuild this tation on speech. The first amendment tive aspects of advertising will con- Kansas community. says, ‘‘Congress shall make no law . . . tinue, but also gives the FDA the tools

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5632 CONGRESSIONAL RECORD — SENATE May 7, 2007 they need to protect the public from know, the ones we brag about, the ones a sound framework for assuring that false or misleading prescription drug the mint has press conferences about. imported drugs are safe and effective.’’ ads. We have all kinds of technology in this Safe and effective. End of story, in The agreement that was accepted $20 bill to prevent and prohibit coun- my judgment. I understand the phar- today is a fair compromise that ad- terfeiters from reproducing this $20 maceutical industry does not want dresses the concerns of all of the Mem- bill. this. I understand that. They want to bers involved. We can build a technology in a $20 control prices. Yes, we have price con- Again, I thank the chairman and bill to prevent counterfeiting, but we trols in America, not Government price Ranking Member ENZI for their efforts can’t do it for medicine? Are you kid- controls but price controls by the phar- to work on this important issue, and I ding me? What we have provided in this maceutical industry. thank all of my colleagues for accept- amendment is a series of steps: com- It is the only industrialized country ing my amendment. plete pedigree, serial numbers, RFID in the world that I am aware of that I ask unanimous consent to add Sen- technology and anticounterfeiting says to the drug industry: Price it as ator WEBB as a cosponsor of the Drug measures. We can do it for a $20 bill but you wish. It doesn’t matter. You just Safety Act. not for a bottle of medicine? Don’t be- price it as you wish. The PRESIDING OFFICER. Without lieve it. Well, what they have done—I had a objection, it is so ordered. We are going to vote at 4 o’clock. The hearing. Here is what they told me. f question is going to be: Will the phar- They price at the level they price pre- maceutical industry have their way scription drugs in this country because DRUG IMPORTATION once again, as they have so often? they can. Because they can. That Mr. DORGAN. Mr. President, if and Let me make a point that is impor- might sound OK for the bottom line, when we pass the underlying bill, we tant. The Cochran amendment is al- but what does it mean for the person will have advanced this country’s in- ready law. It was passed in 2003—in walking into the grocery store tonight terests, I believe. But if we pass this 2003. It already exists in law. The rein a small town in the Midwest who bill by adding the Cochran amendment, sult is the Secretary of Health and does not have much money and has to which effectively kills the underlying Human Services says it can’t be imple- decide—the pharmacy is at the back of amendment on which we have now mented because I can’t certify there is the store—I better go buy the prescrip- voted cloture last Thursday, dealing no risk. The fact is the Secretary can’t tion drugs the doctor says I need first with the safe importation of FDA-ap- certify there is no risk with any new to find out how much money I have left proved drugs at a much lower price—if drug. He couldn’t certify there is no for groceries? we kill that by agreeing to the Cochran risk with spinach coming from Mexico It goes on all the time. Many of us amendment, we will have substantially or strawberries coming from any other believe, Republicans and Democrats, diminished the opportunity to provide country. He couldn’t certify there is no we ought to at least open the global for drug safety. That is a fact. risk with any food product being im- marketplace for consumers to be able The underlying bill doesn’t have in it ported. They can’t certify there is no to pursue those FDA-approved drugs, what we have in the Dorgan-Snowe risk with the domestic drug supply. In made in FDA-approved plants, at lower amendment, for which we have 33 co- fact, the domestic drug supply, without prices, the prices at which they are sponsors. We have pedigree require- our amendment, will be dramatically sold in virtually every other country in ments. We have serial requirements to less safe because you will not have the the world. This is unfair to the Amer- be written on the pill bottles. We have protections we put in this amendment. ican consumer. That is the point. anticounterfeiting measures. We have The pharmaceutical industry has Interestingly, there was a long de- addressed all of those issues in the never wanted them, and the underlying scription of counterfeit drugs in the amendment. None of those require- bill doesn’t include them. It doesn’t in- New York Times this weekend. None of ments exist today, and none of those clude the anticounterfeiting provi- that would be available to report, in will exist with the domestic drug sup- sions. It doesn’t include the pedigree, my judgment, because it would not ply or with imported drugs when this the serial requirement on the indi- have happened if we had had the provi- legislation passes. vidual bottles to track back. It does sions, the safety provisions we have in The only way those provisions will not include that. That is a fact. the Dorgan-Snowe amendment. exist is if we defeat the Cochran So don’t vote for the Cochran amend- The fact is, you would not have dan- amendment and then pass the amendment and then tell people you want to ger in the drug supply because you ment that we have offered, allowing for allow Americans to import FDA-ap- would have much more money going to the safe reimportation of prescription proved, lower priced drugs. The ques- the FDA for the purpose of making cer- drugs, because we put the safety provi- tion is this: Should the American peo- tain the drug supply is safe. I am not sions in our amendment. ple be paying the highest prices in the just talking about the imported drugs, Mr. President, let me ask unanimous world for prescription drugs? The an- I am talking about a drug supply sold consent to show once again two bottles swer is, no; it is not fair. in this country, produced here and sold of Lipitor. Why should that be the case, that we here. The lack of serial numbers, the The PRESIDING OFFICER. Without should pay the highest prices in the lack of a pedigree, the lack of effective objection, it is so ordered. world? So we have put together a piece anticounterfeiting technology, the Mr. DORGAN. This is a prescription of legislation—bipartisan, people on lack of resources to go after RFID drug made in Ireland. It is made in Ire- both sides of the aisle, 33 cosponsors. technology, all of that is lacking in the land. It is called Lipitor. It is for the Then we are told, well, it is unsafe to underlying bill. reduction of cholesterol. It lowers your do this. It is unsafe. It is not in the bill. The only way it cholesterol—the same pill, put in the That is nonsense. It is not unsafe. is going to get there is if we are willing same bottle, made by the same com- Europe has done it for 20 years. Europe to defeat the Cochran amendment and pany, made in the same FDA-approved can do it, but we can’t do it? It gives to pass the amendment I have offered plant. It has only one difference—only consumers the opportunity to take ad- along with many of my colleagues. one. That is, this one costs twice as vantage of the global marketplace. This is not a new issue. We have come much. Why? Because this one was sent We are talking about FDA-approved to this issue on many occasions in the to Canada and this was sent to the drugs, made in FDA-approved plants, past. Each and every time the pharma- United States. The U.S. consumer is sold all over the world with one dif- ceutical industry has been able to told: Congratulations, you get to pay ference—price. The American con- trump us with votes on the floor of the twice as much for the prescription sumers are told they have to pay the Senate or the House. I hope—first I drug. highest price. Dr. David Kessler is the wish, second I hope, and finally I ex- But that is not unusual. It is hap- expert on this, in my judgment. He was pect, that one of these days we will be pening all the time. FDA Commissioner for 8 years, the able to prevail. One of these days we Let’s talk about counterfeiting. This head of the Food and Drug Administra- may be able to win this debate. Maybe is a $20 bill. This is a new $20 bill, you tion. The Dorgan-Snowe bill ‘‘provides it is today at 4 o’clock. I hope so.

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5633 Some say, well, there will be no sav- volvement came in 1999, when I took a tion drug safety. It is about the power ings with your amendment. Well, the busload of Vermonters, including many of the pharmaceutical industry, which Congressional Budget Office says it is women who were struggling for their in a city that has enormously powerful $50 billion in 10 years—$50 billion. Is lives with breast cancer. special interests, we have the pharma- that a savings? It seems to me it is. Many of those women did not have a ceutical industry standing uniquely Some say, well, this would be unsafe. lot of money, and they also went across alone as the most important, if you You cannot prevent counterfeits from the Canadian border. They also pur- will, and, in my view, greedy lobby in coming in. chased Tamoxifen. In those days, the the entire United States of America. Once again, we have all of this tech- price they paid was one-tenth the Here it is. Do you want to know what nology to prevent somebody from coun- price, one-tenth the price compared to the issue is? Here it is: pharmaceutical terfeiting a twenty-dollar bill, but we what they were paying in the United industry lobbying. cannot with respect to medicine? Of States. Here you have women strug- From 1998 to 2006 they spent $1.1 bil- course we can. gling for their lives, who do not have a lion for lobbying; 1998 to 2006, $1.1 bil- Europe has done it for 20 years in a lot of money, and were paying one- lion in lobbying. manner that is safe, but we cannot be- tenth the price. The pharmaceutical industry has cause we are not as smart as they are. This amendment is a big deal. This over 1,000 well-paid lobbyists right here Nonsense. Finally, at last, at long last, amendment will mean that Americans on Capitol Hill: former heads of the Re- I hope this Senate will stand up to the from one end of our country to the publican Party, former leaders in the pharmaceutical industry and say this: other, people with chronic illnesses, Democratic Party. Whenever anybody You are a good industry. We appreciate senior citizens who run into the dough- stands up for justice, whenever any- what you do. We like lifesavings drugs. nut hole, so-called doughnut hole on body stands up to try to lower the cost But lifesavings drugs save no lives if Medicare Part D, that finally these of prescription drugs in this country so you cannot afford to take them. We do Americans, our Americans, our people, that the American people can afford not support your pricing policy. We be- will no longer continue to be ripped off these lifesaving medicines, these lobby- lieve a pricing policy that says to the by the pharmaceutical industry and be ists descend like locusts on all of our American consumer: You pay the high- forced to pay by far the highest prices offices in the Senate, in the House. est prices in the world, we believe that in the industrialized world for the same That is what they do. pricing policy is wrong and you have to exact medicine which people in Can- It is not just the amount of money change it. That is what I hope the mes- ada, people in Germany, people all over they spend on lobbying. They spend a sage will be in this Chamber this after- Europe receive at far lower prices—the substantial amount of money on cam- noon. same medicines, same companies, same paign contributions: From 1990 to 2006, It is past the time, long past the factory, except we pay far higher $139 million in campaign contributions; time, in my judgment, for this Con- prices. 2006 alone, $19 million. That is power. gress to stand up on these issues. There is very strong support for this What this debate is about is not just In this case, let’s stand up on the side legislation. Millions of Americans are the need to lower the cost of prescrip- of the American people who have been already supporting this legislation by tion drugs in America, as important as denied their right to participate in the getting into their cars and going over that is. What this debate is more sig- global economy, to access a safe supply the Canadian border. The AARP and nificantly about is whether the Con- of drugs, FDA-approved, when it is sold other senior organizations support this gress of the United States has the cour- in every other country for lower prices. amendment. My understanding is that age to stand up to the greediest, most Let me conclude by pointing out, as the AARP intends to note on their powerful special interests in this coun- I did last week, an old man sitting on scorecard that a vote for the Cochran try. a straw bale on a North Dakota farm amendment—which is clearly a poison In November the American people told me one day, he said: I am in my pill—is a vote against reimportation. went to the polls. They said they want eighties. My wife has fought breast I would urge my colleagues, if you a change in the direction in which this cancer for 3 years. For 3 years we have disagree with reimportation, vote no. country is moving. Clearly, that elec- driven to Canada to buy her But a vote for the Cochran amendment tion had a lot to do with Iraq. It cer- Tamoxifen. Three years we have driven is, in fact, a vote no. tainly did. It had a lot to do with glob- to Canada to buy the Tamoxifen. You have heard from Senator SNOWE. al warming, I believe. But it also, in You can bring a small supply across You have heard from Senator DORGAN. any view, had a lot to do with the un- the border if you do it personally. The arguments over safety are just not derstanding that year after year Why? Because it costs three-fourths accurate. This bill details in great wealthy and powerful special interests less than it costs in the United States. length an entire regimen as to how we have dictated the terms of the debate, He said: I save 80 percent by buying it can make sure all of the prescription have paid for the legislation which has in Canada. Yet for 3 years my wife has drugs reimported into the United come through the Senate and through had to fight breast cancer and fight the States are safe and FDA approved. the House. high prices here, and we have had to I always find it remarkable that The drug companies have managed to drive into Canada. every day, huge amounts of imported do something rather amazing. Vir- Well, the fact is, most Americans food are coming into this country. I do tually all of the Members of the Senate cannot drive to Canada. This bill is for not hear a hue and cry about whether and the House look at economic issues most of the Americans who are paying that food is inspected. through two lenses. No. 1, in order to prices that are too high. They want a Let me quote from the May 1st New protect consumers, we say: Let there safe drug supply, but they, for sure, fi- York Times: be free market competition. That is nally, at long last, want a fair price, More than 135 countries ship food items to the way to lower the costs of the prod- one they have not been getting, one the United States. Canada, Mexico and China uct. And there is truth to that. they ought to get starting at 4 o’clock have led the way with China shipping nearly The other way that we can protect today. five times as much in food items to the consumers is through Government reg- Mr. President, I yield the floor and United States as it did in 1996. ulation. There is certainly truth to reserve the remainder of my time. China is importing more and more that. What the pharmaceutical indus- The PRESIDING OFFICER. The Sen- food into the United States. Where are try has managed to do is tell us we ator from Vermont is recognized. the FDA inspectors? Are they all over cannot regulate the pharmaceutical Mr. SANDERS. Mr. President, let me the farms in China making sure these companies. We cannot have Medicare congratulate the Senator for his out- products are safe? I have not heard one negotiating lower prices with the drug standing leadership on this issue. Let word about that issue. This legislation companies. We cannot do that. They me just pick up right from where he has built in the strongest prescription have given us all kinds of reasons we left off. He and I and Senator SNOWE drug safety regimen we have ever seen. cannot do that. and a number of us have been dealing Let me tell you what this debate is Then they have told us, well, we also with this issue for many years. My in- really about. It is not about prescrip- cannot do free market competition: No,

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5634 CONGRESSIONAL RECORD — SENATE May 7, 2007 you cannot have the local druggist people whether we can really pass drug Although the Federal Food, Drug, going out and purchasing the product importation or whether we are just giv- and Cosmetic Act prohibits the impor- at the best price that he can get, ing it lip service and nothing else. The tation of unapproved, misbranded, or maybe in Canada, maybe Europe. You Dorgan amendment is the moment adulterated drugs into the United can’t do that. You cannot have regula- American consumers have been waiting States, the fact is that thousands of tion. You cannot have free market for and today is the day. counterfeit and unregulated drugs are competition. As I said last week, the Dorgan seeping through our borders. This is Then, on top of all of that, what the amendment is the result of a collabo- what is happening today. drug companies have managed to do is rative effort by myself with Senator John Taylor, Associate Commis- get many billions of dollars in cor- DORGAN and with Senator SNOWE and sioner of Regulatory Affairs for the porate welfare, so the taxpayers of this Senator KENNEDY to finally make drug Food and Drug Administration, FDA, country subsidize the research and de- importation legal in this country. in his testimony before the House Com- velopment of many of the most impor- This is the golden opportunity this mittee on Energy and Commerce in tant drugs, while the consumers, the year to get it done. June 2003 stated that, ‘‘the growing American consumers, get no reasonable Now we have heard here on the floor volume of unapproved imported drugs, pricing despite the many billions of the concerns that some have with drug which often are generated from sales dollars that go into research and devel- importation and drug safety. Let me via the Internet, presents a formidable opment that were paid for by them. tell you that this is something I take enforcement challenge.’’ The drug companies get it all. That seriously. Everyone who knows me Despite the hard work of both the is what they get. At the end of the day, knows that I care deeply about the FDA and BCBP to control our borders, year after year after year, they are one safety of drugs, and I would not be the importation of illegal drugs has be- of the most profitable industries in this standing here today urging support for come an unenforceable problem. That country. They are very profitable, and the Dorgan amendment if I didn’t is because today, the FDA does not elderly people and working people all think it had the right stuff on drug have the authority or the resources to over this country find it harder and safety. And it does. do much about it. The Dorgan amend- harder to pay for the prescription The fact is that the unsafe situation ment would change that. The basic approach to assuring the drugs they desperately need. is what we have today. drugs are safe in the Dorgan amend- Let us stand with the people. Let’s Today, consumers are ordering drugs ment which I coauthored with him—is defeat the Cochran amendment and over the Internet from who knows to give FDA the ability to verify the pass the Dorgan amendment. where, and the FDA does not have the resources to do much of anything drug pedigree back to the manufac- f about it. turer, require FDA to inspect fre- CONCLUSION OF MORNING The fact is that legislation to legal- quently, and require fees to give FDA BUSINESS ize importation would not only help to the resources to do this. For imports by individuals from Can- lower the cost of prescription drugs for The PRESIDING OFFICER. Morning ada, the bill requires the exporters in all Americans but also should shut business is closed. Canada to register with FDA and to down rogue Internet pharmacies selling post a bond that they will lose if they f unsafe drugs. send unsafe drugs. Frequent inspec- The Dorgan amendment would im- PRESCRIPTION DRUG USER FEE tions by FDA ensure compliance. AMENDMENTS OF 2007 prove drug safety, not threaten it. And For commercial imports, American it would open up trade to lower cost The PRESIDING OFFICER (Ms. KLO- wholesalers and pharmacists must reg- drugs. BUCHAR). Under the previous order, the ister with FDA and are subject to We see news accounts on a regular Senate will resume consideration of S. criminal penalties if they import un- basis describing Americans who log on 1082, which the clerk will report. safe drugs. Again, frequent inspections to the Internet to purchase drugs from The legislative clerk read as follows: by FDA ensure compliance. Canada and elsewhere. A bill (S. 1082) to amend the Federal Food, The bill requires manufacturers to In 2004, my staff were briefed about inform FDA whether foreign drugs Drug, and Cosmetic Act to reauthorize and an investigation by the Permanent amend the prescription drug user fee provi- meet FDA standards, and if they don’t, sions, and for other purposes. Subcommittee on Investigations for the manufacturers have to give FDA the Senate Government Affairs Com- Pending: the information necessary to evaluate mittee. Landrieu amendment No. 1004, to require the safety of the drug. If a foreign drug The Permanent Subcommittee on In- is manufactured in a plant the FDA the Food and Drug Administration to premit vestigations conducted an investiga- the sale of baby turtles as pets so long as the has not inspected, FDA can inspect it. seller uses proven methods to effectively tion into current drug importation. The bottom line is the legislation treat salmonella. They found that about 40,000 parcels gives the FDA the authority and re- Dorgan amendment No. 990, to provide for containing prescription drugs come sources it needs to implement safely the importation of prescription drugs. through the JFK mail facility every the drug importation program set up Cochran amendment No. 1010 ( to amend- single day of the year—40,000 packages under this bill. ment No. 990), to protect the health and safe- each day. The fact is that the unsafe situation ty of the public. Now, the JFK airport houses the is what we have today: 40,000 drug Stabenow amendment No. 1011, to insert largest International Mail Branch in provisions related to citizens petitions. packages coming in every day in New Brown (for Brownback/Brown) amendment the United States, but even then it is York, 30,000 drug packages coming in No. 985, to establish a priority drug review the tip of the iceberg. every day in Miami, and 20,000 drug process to encourage treatments of tropical Each day of the year 30,000 packages packages coming in every day in Chi- diseases. of drugs enter the United States cago. That is 90,000 packages with Vitter amendment No. 983, to require coun- through Miami, and 20,000 enter drugs coming in from other countries terfeit-resistant technologies for prescrip- through Chicago. That’s 50,000 more every single day. tion drugs. packages each day. We are already saying yes to drug Inhofe amendment No. 988, to protect chil- What is worse, about 28 percent of dren and their parents from being coerced importation every day that we allow into administering a controlled substance in the drugs coming in are controlled sub- this unregulated and unsafe situation order to attend school. stances. to exist. We say yes to it 90,000 times a Gregg/Coleman amendment No. 993, to pro- These are addictive drugs that re- day. vide for the regulation of Internet phar- quire close physician supervision. What we need to do and what the macies. While most people are ordering their Dorgan amendment would accomplish Mr. GRASSLEY. Madam President, prescriptions from Canada, they are is giving the FDA the resources to we have three critical votes ahead of us also ordering prescriptions from Brazil, clean up this mess. this afternoon. These votes mean that India, Pakistan, the Netherlands, The Dorgan amendment gives the today is the day we show the American Spain, Portugal, Mexico and Romania. FDA the resources and authority to

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5635 crack down on the unsafe and unregu- They want to keep the United States political or economic factors. When lated importation of drugs. That is closed to other markets in order to Senator PATTY MURRAY and I worked what we need. That is one of the key charge higher prices here. However, to secure a decision for over-the- reasons I have been working with Sen- with the Dorgan amendment, prescrip- counter availability of Plan B, we saw ator DORGAN and Senator SNOWE and tion drug companies will be forced to the ways in which science-based deci- Senator KENNEDY on this legislation. compete and establish fair prices here sionmaking was compromised. The One of our key aims is to improve drug in America. Government Accountability Office has safety. Now some don’t want this to happen. confirmed that the FDA’s 2004 decision I have been doing a lot of work in the And I want to reiterate that there is an not to approve over-the-counter sales area of drug safety, as my colleagues attempt to kill drug importation as of Plan B was politically motivated. know, and I felt that I should talk has been done many times before in Concerns about undue influence from about why the Dorgan amendment is this Chamber. I am referring to an factors other than science extend be- important for improving drug safety. amendment by my good friend from yond this one example. According to a A vote against the Dorgan amend- Mississippi, Senator COCHRAN. His Union of Concerned Scientists survey, ment is a vote in favor of the unsafe amendment would require a certifi- 61 percent of FDA scientists could cite situation we have today. cation about health and safety. That examples of when ‘‘Health and Human I must also say that a vote for the amendment is designed to kill drug im- Services or FDA political appointees Cochran amendment is a vote to kill portation once again. It is a clever have inappropriately injected them- the Dorgan amendment. So a vote in amendment but it is a poison pill. selves into FDA determinations of ac- favor of the Cochran amendment is a Our effort develops an effective and tions.’’ Twenty percent of those re- vote in favor of doing nothing. It is a safe system that gives Americans ac- sponding had been ‘‘asked explicitly by vote for keeping the unsafe situation cess to lower prices. This amendment FDA decision makers to provide in- we have today. requires that all imported drugs be ap- complete, inaccurate, or misleading in- Congress must act now on legislation proved by the FDA. The amendment formation ‘‘ that will not only shut down rogue sets a stringent set of safety require- Because of these examples, I believe Internet pharmacies selling unsafe ments that must be met before Ameri- that the American public lost a great drugs to consumers but will also lower cans can import drugs from that coun- deal of confidence in the ability of the the cost of prescription drugs. try. And there are stiff penalties for agency to ensure the safety of their Legalizing the importation of pre- violating the safety requirements. medications. With this legislation, we scription drugs through a highly regu- Don’t be fooled by the Cochran can begin the process of rebuilding con- lated system overseen by FDA will amendment. Voting for the Cochran sumers’ confidence in the FDA. stem the tide of unregulated pharma- amendment is a vote to kill drug im- Through this bill, we are taking con- ceuticals coming into the United portation. crete steps to improve drug safety. S. States and create a safe and effective With the Dorgan amendment, we are 1082 establishes steps to establish a system for obtaining low-cost prescrip- working to get the job done. routine active surveillance system for tion drugs. We need to make sure Americans medications and sets up a process The bill before us is the vehicle this have even greater, more affordable ac- through which the FDA can better year to get it done. The bill we are de- cess to wonder drugs by further open- manage risks for a range of drugs, from bating is a must-pass FDA bill. The ing the doors to competition in the requiring postmarket studies to im- Senate should send a strong message global pharmaceutical industry. proving communication about the risks that we are committed to finally get- Americans are waiting. We must and benefits associated with medica- ting it done this year. make sure they have access to afford- tions. And that is what we are working to- able prescription drugs. In addition to establishing a frame- gether to do today. I urge my colleagues to vote against work to increase drug safety, we are Making it legal for Americans to im- the Cochran amendment and in favor of also working to implement an atmos- port their prescription drugs is a top the Dorgan amendment. phere where science guides the agen- priority at the grassroots. It needs to Mrs. CLINTON. Madam President, for cy’s decisions. We need to put into be a top priority here in Washington. place the systems to ensure that em- I have long advocated allowing Amer- many years, the FDA has been consid- ployees can engage in the open, evi- ican consumers access to safe drugs ered the gold standard among the dence-based discourse needed as part of from other countries. I have always world’s drug safety bodies. And no one the drug approval and review process— considered it a free-trade issue. here doubts the desire of the agency’s Imports create competition and keep many career employees to continue to discourse not unduly influenced by po- domestic industry more responsive to carry out its mission of keeping our litical concerns. This legislation goes a consumers. drug supply safe for all Americans. In long way to doing some of that by in- In the United States, we import ev- the legislation we are considering creasing the transparency around drug erything consumers want. So that today, S. 1082, the Food and Drug Ad- approval decisions, addressing conflicts should be the case on prescription ministration Revitalization Act, we of interests on advisory committees, drugs. provide these dedicated employees with and creating a climate that protects We need to do it legally and safely. the resources necessary to continue the rights of employees to publish in We need to give the FDA the authority their work to ensure the safety and ef- peer-reviewed scientific journals. and resources to do it. That is what the ficacy of drugs and biologic products I know that many of my colleagues Dorgan amendment would do. for Americans. have raised concerns about safety in Consumers in the United States pay Despite the dedication of the FDA’s the context of reimportation of drugs, far more for prescription drugs than employees, we know there have been and I am pleased to note that on this those in other counties. breakdowns at the agency. We know legislation, we have found a way to If Americans could legally and safely that, at times, it has taken too long to allow for safe drug reimportation. S. access prescription drugs outside the act when a drug may pose a threat. It 1082 contains the provisions of Senator United States, then drug companies took many months from the point DORGAN and SNOWE’s Pharmaceutical will be forced to reevaluate their pric- when scientists became aware of the Access and Drug Safety Act, legisla- ing strategies. They would no longer be elevated risk of adverse cardiovascular tion I am proud to cosponsor. This able to gouge American consumers by events associated with Vioxx and the amendment would establish the frame- making them pay more than their fair point when it was withdrawn from the work through which we could phase in share of the high cost of research and market, during which time the FDA drug reimportation from other nations development. had multiple opportunities to engage where regulatory authority is similar Now, it is true that pharmaceutical in stronger actions to protect con- to that in our country, allowing mil- companies do not like the idea of open- sumers. lions of Americans to safely obtain ing up America to the global market- In recent years, we have seen the sci- medically necessary drugs at lower place. entific process unduly influenced by cost.

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5636 CONGRESSIONAL RECORD — SENATE May 7, 2007 Americans pay higher prices for the through which these studies can be re- version of the legislation that is on the exact same prescription drugs being quested by the FDA. When this bill was floor today that addresses this issue, taken by their counterparts in Canada passed in 2002, I was able to work with Senators KENNEDY and ENZI have made and Europe. The Congressional Budget Senator DODD and the HELP Com- a commitment that we will mark up Office has found that prices for brand- mittee to increase provisions to assist legislation on this issue on June 13 in name prescription drugs are 35 percent pediatric cancer research, and I am the HELP Committee and that we will to 55 percent higher in the United pleased to be a cosponsor of this legis- incorporate this legislation into the States. This price disparity affects mil- lation this time around. conference negotiations on this drug lions of Americans. Our seniors, many S. 1082 also contains most of the pro- safety bill. of whom are on fixed incomes, end up visions of the Pediatric Research Im- Earlier this year, in conjunction with spending larger portions of their in- provement Act, a bill that I introduced a number of bipartisan cosponsors, I income on drugs, especially when falling earlier this year to reauthorize the pe- troduced the Access to Life-Saving into the ‘‘doughnut hole’’ or wrestling diatric rule. Because of this authority, Medicine Act, legislation to provide with other gaps in a Medicare Part D the Food and Drug Administration is FDA with the authority to approve safe benefit. And this isn’t only a problem able to ensure that drugs that are mar- and effective generic versions of for seniors—we have 46 million unin- keted for children are safe and effec- biotech drugs. By bringing safe and ef- sured individuals in our country, many tive in children. fective follow-on biologics to the mar- of whom are unable to afford prescrip- For the past decade, I have been ket, we can provide significant savings tion drugs. Without these drugs, man- working to ensure that drugs that are to patients, employers, and the govern- ageable chronic conditions, like asth- marketed to children are safe and ef- ment. ma or high blood pressure, spiral out of fective in children. As of the early More than $10 billion worth of bio- control into serious health problems. 1990s, only about 20 percent of drugs pharmaceuticals will come off patent The lack of affordable drugs does not contained specific pediatric dosing in- in the next 5 years, and without this just hurt those who are uninsured or formation, but since 1998, we have had legislation, the manufacturers of these underinsured, but it also places greater over 1,000 drugs fall under the scope of biotech drugs can continue to charge pressure upon our health care system. the pediatric rule, resulting in hun- monopoly prices indefinitely. In 2005, The cost of treating someone in the dreds of studies that have helped us the costs of biologics grew 17.5 percent emergency room is much higher than gain valuable data about drugs com- compared to traditional drugs, which the cost of a prescription. But the way monly used by kids. increased 10 percent. And in 2006, the our system is set up, we don’t help peo- The reauthorization of the pediatric Medicare Part B Program spent more ple engage in cost-effective disease rule contained in this larger bill will than $5 billion on biologic drugs. It is management by making those drugs af- allow us to make additional strides in clear that biotech drugs hold great fordable, and I believe that we need to improving pediatric drug development. promise, but this promise is wasted if examine the ways in which importa- We will be able to remove unnecessary we don’t take action to ensure that all tion can lower costs not only for con- bureaucratic barriers and improve the Americans have access to safe, effec- sumers but for our overall system. ability of the Food and Drug Adminis- tive, and affordable generic versions of The Dorgan-Snowe amendment con- tration to require testing on already- these drugs. tains many provisions that will ensure marketed drugs when sponsors refuse According to a report released by safety while giving Americans access to carry out such testing under the in- Engel and Novitt to the Pharma- to cheaper drugs. This bipartisan provi- centive provided by the Best Pharma- ceutical Care Management Associa- sion will allow seniors to safely access ceuticals for Children Act. tion, PCMA, passage of this legislation drugs from Canada starting 90 days It will improve our ability to collect could conservatively save an estimated after enactment. It will provide the and analyze data about pediatric clin- $14 billion over the next 10 years. needed authority and funding to the ical trials so that we can better evalu- I look forward to working with Sen- FDA to regulate foreign pharmacies ate the impact of such trials upon chil- ator KENNEDY and my colleagues on and wholesalers, so that we can be sure dren’s health overall, and it will im- the HELP Committee to ensure that that any drugs that enter the United prove the FDA’s ability to coordinate we enact legislation that provides the States are safe for our citizens. And it the incentives provided under Best FDA with the authority and flexibility will increase the consumer protections Pharmaceuticals for Children Act with to approve biopharmaceuticals subject involved with internet pharmacies, so the pediatric rule so that these two pe- to a workable, abbreviated approval that people who don’t live near the bor- diatric programs of the agency can pathway that is efficient, effective, and der can access imported drugs without work together more seamlessly. scientifically grounded and that in- being defrauded. However, I must note that I am dis- cludes measures to ensure timely reso- We need to make drug reimportation appointed that this bill does not con- lution of patent disputes, as well as safe, we need to make drug reimporta- sider what I believe to be a critical adequate incentives for continued in- tion unambiguously legal, and we need part of the Pediatric Research Im- novation. to do so as quickly as possible. The provement Act—the provision which Another issue that has come up dur- Dorgan-Snowe amendment would allow would have made permanent the au- ing debate on the Food and Drug Ad- us to do all of those things, and I would thority of the FDA to obtain important ministration Revitalization Act is food urge all of my colleagues to support data through the pediatric rule. safety. Recent illnesses involving E. this amendment to the bill. Instead, the legislation before the coli in spinach and lettuce, the dis- In addition to the provisions of this Senate today contains a sunset of this covery of Salmonella in peanut butter, legislation dealing with drug safety authority, meaning that if this provi- and the importation of unsafe pet food and reimportation, I am proud to note sion isn’t reauthorized 5 years from ingredients from China illustrate the that the Food and Drug Administra- now, the FDA will no longer be able to continued vulnerability of the Amer- tion Revitalization Act has an entire ensure that drugs used in children are ican food supply and expose weakness title devoted to pediatric issues. I safe and effective in children. in the FDA’s food safety program. worked with Senators DODD, KENNEDY, We would never dream of placing a In the latest case, a chemical used in and ENZI to craft these provisions, sunset on the FDA’s authority to cer- plastic manufacturing was placed in which will be of great benefit to chil- tify the safety and efficacy of drugs feed material from China, causing the dren. The pediatric device provisions used in adults, and I fail to understand deaths of an unknown number of pets. will help us improve the number and why we impose a different standard on This chemical was also consumed by 2.7 types of medical devices designed for drugs for children, and I will seek to million chickens and 345 pigs that were pediatric populations, and the reau- address this issue as the bill moves for- slaughtered for human consumption. thorization of the Best Pharma- ward. Our food system must be prepared to ceuticals for Children Act improves the We must also improve the FDA’s au- effectively prevent the chemicals found applicability of the pediatric exclu- thority in the realm of follow-on bio- in these animals from endangering the sivity incentive and increases the speed logics. While there is nothing in the health of consumers.

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5637 That is why I supported the inclusion ies in the Medicare Modernization Act. known origin, should not be brought of certain provisions in this bill to One of the first studies to be carried into this country. begin to address many of the agency’s out under this provision was a system- The amendment proposed by the Sen- problems with food safety, as a prelude atic review of osteoarthritis drugs, in- ator from North Dakota will put in to overall committee action on this cluding Cox-2 drugs. If this information jeopardy the process we now have to issue. had been compiled earlier, it could ensure the safety of prescription medi- I have long been concerned about the have helped many evaluate whether to cations and protect the health of the siloing of authority at the FDA and use these drugs, as opposed to other American people. Department of Agriculture, and I filed pain relievers, many of which are I have offered a second degree amend- an amendment to this bill which would available at a lower cost without a doc- ment, with bipartisan support, that reestablish a joint task force between the tor’s prescription. quires the Secretary of Health and FDA, U.S. Department of Agriculture, Comparative effectiveness assists Human Services to certify that the im- USDA, and the Centers for Disease physicians and patients in selecting portation of drug products will not Control and Prevention (CDC) to im- the best treatment and helps to reduce pose additional risks to Americans and prove our response to foodborne ill- inappropriate uses of treatments that will indeed lower costs to consumers. nesses. pose unnecessary safety risks to pa- We have had this issue before the According to the CDC, unsafe foods tients—and more and more people are Senate on several previous occasions. cause an estimated 76 million illnesses, recognizing its potential in improving In all of these cases, the Senate has 325,000 hospitalizations, and 5,000 health care. Earlier today, the Blue adopted this certification amendment deaths each year. Despite these statis- Cross and Blue Shield Association an- overwhelmingly. Safeguards continue tics, safety tests for domestically pronounced their support to create a new, to be necessary and are even more im- duced food have dropped nearly 75 per- independent entity to explore the effec- portant now considering the terrorist cent when compared to the number tiveness of new and existing medical threats we face. conducted in 2003. Meanwhile, the num- procedures, drugs, devices, and bio- I urge the Senate to again support ber of food imports has grown from logics. I am grateful for their leader- this amendment. under 4 million food import line items ship, and I will be introducing legisla- I ask unanimous consent that a copy in 1993 to nearly 20 million in 2007. We tion shortly to expand comparative ef- of the New York Times article to which have a situation where inspections are fectiveness research and its use at the I referred be printed in the RECORD. declining, yet the number of outbreaks Federal level. There being no objection, the mate- and contaminations in our food supply I have been involved in the debate rial was ordered to be printed in the is on the rise. The fragmentation in over the Food and Drug Administra- RECORD, as follows: our food safety system must be ad- tion Revitalization Act for several [From the New York Times, May 6, 2007] dressed in order to protect consumers. months now and believe that the prod- FROM CHINA TO PANAMA, A TRAIL OF With several of my colleagues, I have uct we have produced represents a step POISONED MEDICINE repeatedly written to the Secretary of forward for safety. I will be supporting (By Walt Bogdanich and Jake Hooker) Agriculture, the Commissioner of the this legislation and look forward to The kidneys fail first. Then the central FDA and the Director of the CDC urg- working with my colleagues to ensure nervous system begins to misfire. Paralysis ing them to create an interagency task that we can continue to strengthen spreads, making breathing difficult, then force to better enable us to prevent this agency, lower prescription drug often impossible without assistance. In the such illnesses. To date, no action has costs, and maintain a strong commit- end, most victims die. Many of them are been taken to grant my request. If the ment to consumer protection and sci- children, poisoned at the hands of their unsuspecting parents. The syrupy poison, delay is due to concerns that these entific innovation. diethylene glycol, is an indispensable part of agencies do not have the authority to AMENDMENT NO. 1010 the modern world, an industrial solvent and pursue such authority, I stand pre- The PRESIDING OFFICER. Under prime ingredient in some antifreeze. It is pared, along with many others in the the previous order, there will be 2 min- also a killer. And the deaths, if not inten- Senate, to provide these agencies with utes for debate equally divided on tional, are often no accident. such authority. I look forward to work- amendment No. 1010 offered by the Sen- Over the years, the poison has been loaded ing with my colleagues in the HELP ator from Mississippi. into all varieties of medicine—cough syrup, Committee to address concerns about The Senator from Mississippi. fever medication, injectable drugs—a result Mr. COCHRAN. Madam President, of counterfeiters who profit by substituting food safety and help restore our Na- the sweet-tasting solvent for a safe, more ex- tion’s confidence in the ability of both Americans deserve Continued access to pensive syrup, usually glycerin, commonly these agencies to protect American safe and effective drugs which are ap- used in drugs, food, toothpaste and other consumers. proved by the Food and Drug Adminis- products. Toxic syrup has figured in at least I would like to close by noting that tration. A number of recent reports eight mass poisonings around the world in while the Food and Drug Administra- demonstrate that serious problems the past two decades. Researchers estimate tion Revitalization Act takes several exist with products from other coun- that thousands have died. In many cases, the steps that will improve the agency’s tries. The New York Times ran a front- precise origin of the poison has never been page story yesterday about how coun- determined. But records and interviews show ability to ensure the safety and effec- that in three of the last four cases it was tiveness of drugs and biologics, it is terfeit drugs contaminated with an in- made in China, a major source of counterfeit time that we begin to look at drugs in dustrial solvent have poisoned hun- drugs. a new way. dreds, if not thousands, of people Panama is the most recent victim. Last It is not enough that we have drugs around the world. The toxic syrup has year, government officials there unwittingly that are effective—in order to reduce been involved in at least eight mass mixed diethylene glycol into 260,000 bottles overall health care costs, we need to poisonings around the world in the past of cold medicine—with devastating results. understand how these drugs are effec- two decades, and researchers estimate Families have reported 365 deaths from the tive in comparison to each other, in poison, 100 of which have been confirmed so thousands have died as a result. Most far. With the onset of the rainy season, in- order to assist providers and patients recently an epidemic of contaminated vestigators are racing to exhume as many make the best health care decisions. cough syrup was traced back to coun- potential victims as possible before bodies While the Vioxx controversy high- terfeit medication from China. The decompose even more. Panama’s death toll lighted the need for additional safety FDA last week issued a warning to U.S. leads directly to Chinese companies that protections, many of which are con- consumers to be especially vigilant be- made and exported the poison as 99.5 percent tained in the Food and Drug Adminis- cause of the risk of the poison reaching pure glycerin. tration Revitalization Act, it also dem- the United States. The New York Forty-six barrels of the toxic syrup arrived onstrates the role comparative effec- via a poison pipeline stretching halfway Times article is entitled ‘‘From China around the world. Through shipping records tiveness can play in ensuring the use of to Panama, a Trail of Poisoned Medi- and interviews with government officials, the most appropriate treatment for a cine.’’ The New York Times traced this pipeline specific condition. I pushed for inclu- Counterfeit products, those that have from the Panamanian port of Colo´ n, back sion of comparative effectiveness stud- been tampered with, or those of un- through trading companies in Barcelona,

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5638 CONGRESSIONAL RECORD — SENATE May 7, 2007 Spain, and Beijing, to its beginning near the were repeatedly blocked by Chinese officials, found what he was looking for: another odor- Yangtze Delta in a place local people call according to internal State Department less syrup—diethylene glycol. At the time, it ‘‘chemical country.’’ The counterfeit glyc- records. Permission was granted more than a sold for 6,000 to 7,000 yuan a ton, or about erin passed through three trading companies year later, but by then the plant had moved $725 to $845, while pharmaceutical-grade on three continents, yet not one of them and its records had been destroyed. syrup cost 15,000 yuan, or about $1,815, ac- tested the syrup to confirm what was on the ‘‘Chinese officials we contacted on this cording to the investigator. label. Along the way, a certificate falsely at- matter were all reluctant to become in- Mr. Wang did not taste-test this second testing to the purity of the shipment was re- volved,’’ the American Embassy in Beijing batch of syrup before shipping it to Qiqihar peatedly altered, eliminating the name of wrote in a confidential cable. ‘‘We cannot be Pharmaceutical, the government investi- the manufacturer and previous owner. As a optimistic about our chances for success in gator said, adding, ‘‘He knew it was dan- result, traders bought the syrup without tracking down the other possible glycerin gerous, but he didn’t know that it could knowing where it came from, or who made shipments.’’ kill.’’ it. With this information, the traders might In fact, The Times found records showing The manufacturer used the toxic syrup in have discovered—as The Times did—that the that the same Chinese company implicated five drug products: ampules of Amillarisin A manufacturer was not certified to make in the Haiti poisoning also shipped about 50 for gall bladder problems; a special enema pharmaceutical ingredients. tons of counterfeit glycerin to the United fluid for children; an injection for blood ves- An examination of the two poisoning cases States in 1995. Some of it was later resold to sel diseases; an intravenous pain reliever; last year—in Panama and earlier in China— another American customer, Avatar Cor- and an arthritis treatment. shows how China’s safety regulations have poration, before the deception was discov- In April 2006, one of southern China’s finest lagged behind its growing role as low-cost ered. ‘‘Thank God we caught it when we hospitals, in Guangzhou, Guangdong Prov- supplier to the world. It also demonstrates did,’’ said Phil Ternes, chief operating officer ince, began administering Amillarisin A. how a poorly policed chain of traders in of Avatar, a Chicago-area supplier of bulk Within a month or so, at least 18 people had country after country allows counterfeit pharmaceutical and nonmedicinal products. died after taking the medicine, though some medicine to contaminate the global market. The F.D.A. said it was unaware of the ship- had already been quite sick. Last week, the United States Food and ment. Zhou Jianhong, 33, said his father took his Drug Administration warned drug makers In China, the government is vowing to first dose of Amillarisin A on April 19. A and suppliers in the United States ‘‘to be es- clean up its pharmaceutical industry, in part week later he was in critical condition. ‘‘If pecially vigilant’’ in watching for diethylene because of criticism over counterfeit drugs you are going to die, you want to die at glycol. The warning did not specifically men- flooding the world markets. In December, home,’’ Mr. Zhou said. ‘‘So we checked him tion China, and it said there was ‘‘no reason two top drug regulators were arrested on out of the hospital.’’ He died the next day. to believe’’ that glycerin in this country was charges of taking bribes to approve drugs. In ‘‘Everybody wants to invest in the pharma- tainted. Even so, the agency asked that all addition, 440 counterfeiting operations were ceutical industry and it is growing, but the glycerin shipments be tested for diethylene closed down last year, the World Health Or- regulators can’t keep up,’’ Mr. Zhou said. glycol, and said it was ‘‘exploring how sup- ganization said. ‘‘We need a system to assure our safety.’’ plies of glycerin become contaminated.’’ But when Chinese officials investigated the The final death count is unclear, since some China is already being accused by United role of Chinese companies in the Panama people who took the medicine may have died States authorities of exporting wheat gluten deaths, they found that no laws had been in less populated areas. containing an industrial chemical, mel- broken, according to an official of the na- In a small town in Sichuan Province, a amine, that ended up in pet food and live- tion’s drug enforcement agency. China’s drug man named Zhou Lianghui said the authori- stock feed. The F.D.A recently banned im- regulation is ‘‘a black hole,’’ said one trader ties would not acknowledge that his wife had ports of Chinese-made wheat gluten after it who has done business through CNSC For- died from taking tainted Amillarisin A. But was linked to pet deaths in the United tune Way, the Beijing-based broker that in- Mr. Zhou, 38, said he matched the identifica- States. Beyond Panama and China, toxic vestigators say was a crucial conduit for the tion number on the batch of medicine his syrup has caused mass poisonings in Haiti, Panama poison. wife received with a warning circular distrib- Bangladesh, Argentina, Nigeria and twice in In this environment, Wang Guiping, a tai- uted by drug officials. ‘‘You probably cannot India. lor with a ninth-grade education and access understand a small town if you are in Bei- In Bangladesh, investigators found poison to a chemistry book, found it easy to enter jing,’’ Zhou Lianghui said in a telephone in seven brands of fever medication in 1992, the pharmaceutical supply business as a mid- interview. ‘‘The sky is high, and the emperor but only after countless children died. A dleman. He quickly discovered what others is far away. There are a lot of problems here Massachusetts laboratory detected the con- had before him: that counterfeiting was a that the law cannot speak to.’’ tamination after Dr. Michael L. Bennish, a simple way to increase profits. And then peo- The failure of the government to stop poi- pediatrician who works in developing coun- ple in China began to die. son from contaminating the drug supply tries, smuggled samples of the tainted syrup CHEATING THE SYSTEM caused one of the bigger domestic scandals of out of the country in a suitcase. Dr. Bennish, the year. Last May, China’s premier, Wen Mr. Wang spent years as a tailor in the who investigated the Bangladesh epidemic Jiabao, ordered an investigation of the manufacturing towns of the Yangtze Delta, and helped write a 1995 article about it for deaths, declaring, ’’The pharmaceutical marin eastern China. But he did not want to re- BMJ, formerly known as the British Medical ket is in disorder.’’ main a common craftsman, villagers say. He Journal, said that given the amount of medi- At about the same time, 9,000 miles away set his sights on trading chemicals, a busi- cation distributed, deaths ‘‘must be in the in Panama, the long rainy season had begun. ness rooted in the many small chemical thousands or tens of thousands.’’ Anticipating colds and coughs, the govern- ‘‘It’s vastly underreported,’’ Dr. Bennish plants that have sprouted in the region. ‘‘He ment health program began manufacturing said of diethylene glycol poisoning. Doctors didn’t know what he was doing,’’ Mr. Wang’s cough and antihistamine syrup. The cough might not suspect toxic medicine, particu- older brother, Wang Guoping, said in an medicine was sugarless so that even dia- larly in poor countries with limited re- interview. ‘‘He didn’t understand chemi- betics could use it. The medicine was mixed sources and a generally unhealthy popu- cals.’’ But he did understand how to cheat with a pale yellow, almost translucent syrup lation, he said, adding, ‘‘Most people who die the system. Wang Guiping, 41, realized he that had arrived in 46 barrels from Barcelona don’t come to a medical facility.’’ The mak- could earn extra money by substituting on the container ship Tobias Maersk. Ship- ers of counterfeit glycerin, which super- cheaper, industrial-grade syrup—not ap- ping records showed the contents to be 99.5 ficially looks and acts like the real thing but proved for human consumption—for pharma- percent pure glycerin. It would be months generally costs considerably less, are rarely ceutical grade syrup. To trick pharma- and many deaths later before that certifi- identified, much less prosecuted, given the ceutical buyers, he forged his licenses and cation was discovered to be pure fiction. difficulty of tracing shipments across bor- laboratory analysis reports, records show. ders. ‘‘This is really a global problem, and it Mr. Wang later told investigators that he A MYSTERIOUS ILLNESS needs to be handled in a global way,’’ said figured no harm would come from the substi- Early last September, doctors at Panama Dr. Henk Bekedam, the World Health Orga- tution, because he initially tested a small City’s big public hospital began to notice pa- nization’s top representative in Beijing. quantity. He did it with the expertise of a tients exhibiting unusual symptoms. They Seventy years ago, medicine laced with former tailor. He swallowed some of it. When initially appeared to have Guillain-Barre´ diethylene glycol killed more than 100 people nothing happened, he shipped it. syndrome, a relatively rare neurological dis- in the United States, leading to the passage One company that used the syrup begin- order that first shows up as a weakness or of the toughest drug regulations of that era ning in early 2005 was Qiqihar No.2 Pharma- tingling sensation in the legs. That weakness and the creation of the modern Food and ceutical, about 1,000 miles away in often intensifies, spreading upward to the Drug Administration. The F.D.A. has tried Heilongjiang Province in the northeast. A arms and chest, sometimes causing total pa- to help in poisoning cases around the world, buyer for the factory had seen a posting for ralysis and an inability to breathe. but there is only so much it can do. When at Mr. Wang’s syrup on an industry Web site. The new patients had paralysis, but it did least 88 children died in Haiti a decade ago, After a while, Mr. Wang set out to find an not spread upward. They also quickly lost F.D.A. investigators traced the poison to the even cheaper substitute syrup so he could in- their ability to urinate, a condition not asso- Manchurian city of Dalian, but their at- crease his profit even more, according to a ciated with Guillain-Barre´. Even more un- tempts to visit the suspected manufacturer Chinese investigator. In a chemical book he usual was the number of cases. In a full year,

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doctors might see eight cases of Guillain- A MAJOR CLUE A SUSPECT FACTORY Barre´, yet they saw that many in just two One patient of particular interest to Dr. Panamanians wanting to see where their weeks. Doctors sought help from an infec- Sosa came into the hospital with a heart at- toxic nightmare began could look up the Web tious disease specialist, Nestor Sosa, an in- tack, but no Guillain-Barre´-type symptoms. site of the company in Hengxiang, China, tense, driven doctor who competes in While undergoing treatment, the patient re- that investigators in four countries have triathlons and high-level chess. ceived several drugs, including Lisinopril. identified as having made the syrup—the Dr. Sosa’s medical specialty had a long, After a while, he began to exhibit the same Taixing Glycerine Factory. There, under the rich history in Panama, once known as one neurological distress that was the hallmark words ‘‘About Us,’’ they would see a picture of the world’s unhealthiest places. In one of the mystery illness. ‘‘This patient is a of a modern white building nearly a dozen year in the late 1800s, a lethal mix of yellow major clue,’’ Dr. Sosa recalled saying. ‘‘This fever and malaria killed nearly 1 in every 10 stories tall, adorned by three arches at the is not something environmental, this is not entrance. The factory, the Web site boasts, residents of Panama City. Only after the a folk medicine that’s been taken by the pa- United States managed to overcome those ‘‘can strictly obey the contract and keep its tients at home. This patient developed the word.’’ But like the factory’s syrup, all is not mosquito-borne diseases was it able to build disease in the hospital, in front of us.’’ Soon the Panama Canal without the devastation as it seems. after, another patient told Dr. Sosa that he, There are no tall buildings in Hengxiang, a that undermined an earlier attempt by the too, developed symptoms after taking French. The suspected Guillain-Barre´ cases country town with one main road. The fac- Lisinopril, but because the medicine made worried Dr. Sosa. ‘‘It was something really tory is not certified to sell any medical in- him cough, he also took cough syrup—the extraordinary, something that was obviously gredients, Chinese officials say. And it looks same syrup, it turned out, that had been reaching epidemic dimensions in our hos- nothing like the picture on the Internet. In given to the heart patient. ‘‘I said this has pital,’’ he said. reality, its chemicals are mixed in a plain, With the death rate from the mystery ill- got to be it,’’ Dr. Sosa recalled. ‘‘We need to one-story brick building. The factory is in a ness near 50 percent, Dr. Sosa alerted the investigate this cough syrup.’’ The cough walled compound, surrounded by small shops hospital management, which asked him to medicine had not initially aroused much sus- and farms. In the spring, nearby fields of set up and run a task force to handle the sit- picion because many victims did not remem- rape paint the countryside yellow. Near the uation. The assignment, a daunting around- ber taking it. ‘‘Twenty-five percent of those front gate, a sign over the road warns, ‘‘Be- the-clock dash to catch a killer, was one he people affected denied that they had taken ware of counterfeits.’’ But it was posted by a eagerly embraced. Several years earlier, Dr. cough syrup, because it’s a nonevent in their nearby noodle machine factory that appears Sosa had watched as other doctors identified lives,’’ Dr. Motta said. to be worried about competition. The Investigators from the United States Cen- the cause of another epidemic, later identi- Taixing Glycerine Factory bought its ters for Disease Control and Prevention, who fied as hantavirus, a pathogen spread by in- diethylene glycol from the same manufac- were in Panama helping out, quickly put the fected rodents. ‘‘I took care of patients but I bottles on a government jet and flew them to turer as Mr. Wang, the former tailor, the somehow felt I did not do enough,’’ he said. the United States for testing. The next day, government investigator said. From this The next time, he vowed, would be different. Oct. 11, as Panamanian health officials were spot in China’s chemical country, the 46 bar- Dr. Sosa set up a 24–hour ‘‘war room’’ in the attending a news conference, a Blackberry in rels of toxic syrup began their journey, pass- hospital, where doctors could compare notes the room went off. The tests, the C.D.C. was ing from company to company, port to port and theories as they scoured medical records reporting, had turned up diethylene glycol in and country to country, apparently without for clues. As a precaution, the patients with the cough syrup. The mystery had been anyone testing their contents. the mystery illness were segregated and solved. The barrels labeled glycerin turned Traders should be thoroughly familiar with placed in a large empty room awaiting ren- out to contain poison. their suppliers, United States health offi- ovation. Health care workers wore masks, Dr. Sosa’s exhilaration at learning the cials say. ‘‘One simply does not assume that heightening fears in the hospital and the cause did not last long. ‘‘It’s our medication what is labeled is indeed what it is,’’ said Dr. community. that is killing these people,’’ he said he Murray Lumpkin, deputy commissioner for ‘‘That spread a lot of panic,’’ said Dr. Jorge international and special programs for the Motta, a cardiologist who runs the Gorgas thought. ‘‘It’s not a virus, it’s not something that they got outside, but it was something Food and Drug Administration. In the Pan- Memorial Institute, a widely respected med- ama Case, names of suppliers were removed ical research center in Panama. ‘‘That is al- we actually manufactured.’’ A nationwide campaign was quickly begun from shipping documents as they passed ways a terrifying thought, that you will be to stop people from using the cough syrup. from one entity to the next, according to the epicenter of a new infectious disease, and Neighborhoods were searched, but thousands records and investigators. That is a practice especially a new infectious disease that kills of bottles either had been discarded or could some traders use to prevent customers from with a high rate of death, like this.’’ Mean- bypassing them on future purchases, but it while, patients kept coming, and hospital not be found. As the search wound down, two major tasks remained: count the dead and also hides the provenance of the product. personnel could barely keep up. ‘‘I ended up The first distributor was the Beijing trading giving C.P.R.,’’ Dr. Sosa said. ‘‘I haven’t assign blame. Neither has been easy. A precise accounting is all but impossible because, company, CNSC Fortune Way, a unit of a given C.P.R. since I was a resident, but there state-owned business that began by sup- were so many crises going on.’’ Frightened medical authorities say, victims were buried before the cause was known, and poor pa- plying goods and services to Chinese per- hospital patients had to watch others around sonnel and business officials overseas. them die for reasons no one understood, fear- tients might not have seen doctors. Another As China’s market reach expanded, For- ing that they might be next. As reports of problem is that finding traces of diethylene tune Way focused its business on pharma- strange Guillain-Barre´ symptoms started glycol in decomposing bodies is difficult at ceutical ingredients, and in 2003, it brokered coming in from other parts of the country, best, medical experts say. Nonetheless, an the sale of the suspect syrup made by the doctors realized they were not just dealing Argentine pathologist who has studied Taixing Glycerine Factory. The manufactur- with a localized outbreak. diethylene glycol poisonings helped develop Pascuala Pe´rez de Gonza´ lez, 67, sought a test for the poison in exhumed bodies. er’s certificate of analysis showed the batch treatment for a cold at a clinic in Cocle´ Seven of the first nine bodies tested showed to be 99.5 percent pure. Whether the Taixing Province, about a three-hour drive from Pan- traces of the poison, Panamanian authorities Glycerine Factory actually performed the ama City. In late September she was treated said. test has not been publicly disclosed. Original and sent home. Within days, she could no With the rainy season returning, though, certificates of analysis should be passed on longer eat; she stopped urinating and went the exhumations are about to end. Dr. Jose´ to each new buyer, said Kevin J. McGlue, a into convulsions. A decision was made to Vicente Pachar, director of Panama’s Insti- board member of the International Pharma- take her to the public hospital in Panama tute of Legal Medicine and Forensic ceutical Excipients Council. In this case, City, but on the way she stopped breathing Sciences, said that as a scientist he would that was not done. and had to be resuscitated. She arrived at like a final count of the dead. But he added, Fortune Way translated the certificate the hospital in a deep coma and later died. ‘‘I should accept the reality that in the case into English, putting its name—not the Medical records contained clues but also of Panama we are not going to know the Taixing Glycerine Factory’s—at the top of plenty of false leads. Early victims tended to exact number.’’ the document, before shipping the barrels to be males older than 60 and diabetic with high Local prosecutors have made some arrests a second trading company, this one in Bar- blood pressure. About half had been given and are investigating others connected to celona. Li Can, managing director at For- Lisinopril, a blood pressure medicine distrib- the case, including officials of the import tune Way, said he did not remember the uted by the public health system. But many company and the government agency that transaction and could not comment, adding, who did not receive Lisinopril still got sick. mixed and distributed the cold medicine. ‘‘There is a high volume of trade.’’ Upon re- On the chance that those patients might ‘‘Our responsibilities are to establish or dis- ceiving the barrels in September 2003, the have forgotten that they had taken the drug, cover the truth,’’ said Dimas Guevara, the Spanish company, Rasfer International, did doctors pulled Lisinopril from pharmacy homicide investigator guiding the inquiry. not test the contents, either. It copied the shelves—only to return it after tests found But prosecutors have yet to charge anyone chemical analysis provided by Fortune Way, nothing wrong. Investigators would later dis- with actually making the counterfeit glyc- then put its logo on it. Ascension Criado, cover that Lisinopril did play an important, erin. And if the Panama investigation Rasfer’s manager, said in an e-mail response if indirect role in the epidemic, but not in unfolds as other inquiries have, it is highly to written questions that when Fortune Way the way they had imagined. unlikely that they ever will. shipped the syrup, it did not say who made

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5640 CONGRESSIONAL RECORD — SENATE May 7, 2007 it. Several weeks later, Rasfer shipped the causing ‘‘a serious accident.’’ In contrast to tions and investigations in the Taixing drums to a Panamanian broker, the Medicom the Wang Guiping investigation, Chinese au- branch of the State Food and Drug Adminis- Business Group. ‘‘Medicom never asked us thorities have been tentative in acknowl- tration. ‘‘It is a different product.’’ for the name of the manufacturer,’’ Ms. edging China’s link to the Panama tragedy, ALL IN A NAME Criado said. which involved a state-owned trading com- One lingering mystery involves the name A lawyer for Medicam, Valentıń Jaeń, said pany. No one in China has been charged with of the product made by the Taixing Glyc- his client was a victim, too. ‘‘They were committing the fraud that ended up killing erine Factory. The factory had called its tricked by somebody,’’ Mr. Jaeń said. ‘‘They so many in Panama. syrup ‘‘TD’’ glycerin. The letters TD were in operated in good faith.’’ In Panama, the bar- Sun Jing, the pharmaceutical program of- virtually all the shipping documents. What rels sat unused for more than two years, and ficer for the World Health Organization in did TD mean? officials said Medicam improperly changed Beijing, said the health agency sent a fax ‘‘to Spanish medical authorities concluded the expiration date on the syrup. During remind the Chinese government that China that it stood for a manufacturing process. that time, the company never tested the should not be selling poisonous products Chinese inspectors thought it was the manu- product. And the Panamanian government, overseas.’’ Ms. Sun said the agency did not facturer’s secret formula. But Yuan Kailin, a which bought the 46 barrels and used them to receive an official reply. former salesman for the factory, said he make cold medicine, also failed to detect the Last fall, at the request of the United knew what the TD meant because a friend poison, officials said. The toxic pipeline ulti- States—Panama has no diplomatic relations and former manager of the factory, Ding mately emptied into the bloodstream of peo- with China—the State Food and Drug Ad- Yuming, had once told him. TD stood for the ple like Ernesto Osorio, a former high school ministration of China investigated the Chinese word ‘‘tidai’’ (pronounced tee-die), teacher in Panama City. He spent two Taixing Glycerine Factory and Fortune Way. said Mr. Yuan, who left his job in 1998 and months in the hospital after ingesting poison The agency tested one batch of glycerin from still lives about a mile from the factory. In cough syrup last September. the factory, and found no glycerin, only Chinese, tidai means substitute. A clue that Just before Christmas, after a kidney di- diethylene glycol and two other substances, might have revealed the poison, the counter- alysis treatment, Mr. Osorio stood outside a drug official said. Since then, the Chinese feit product, was hiding in plain sight. It was the city’s big public hospital in a tear-splat- drug administration has concluded that it in the product name. tered shirt, describing what his life had be- has no jurisdiction in the case because the come. ‘‘I’m not an eighth of what I used to factory is not certified to make medicine. Mr. KENNEDY. Madam President, if be,’’ Mr. Osorio said, his partly paralyzed The agency reached a similar conclusion I could have the attention of the Sen- face hanging like a slab of meat. ‘‘I have about Fortune Way, saying that as an ex- ate, I was going to ask consent about a porter it was not engaged in the pharma- trouble walking. Look at my face, look at managers’ amendment. Is it the inten- my tears.’’ The tears, he said apologetically, ceutical business. ‘‘We did not find any evidence that either of these companies had tion of the Senator from North Dakota were not from emotion, but from nerve dam- to object? age. And yet, Mr. Osorio knows he is one of broken the law,’’ said Yan Jiangying, a the lucky victims. ‘‘They didn’t know how to spokeswoman for the drug administration. Mr. DORGAN. Am I to be recognized keep the killer out of the medicine,’’ he said ‘‘So a criminal investigation was never for 1 minute at this point? simply. opened.’’ Mr. COCHRAN. Madam President, A drug official said the investigation was While the suffering in Panama was great, point of order: What is the order? subsequently handed off to an agency that the potential profit—at least for the Spanish The PRESIDING OFFICER. The tests and certifies commercial products—the trading company, Rasfer—was surprisingly General Administration of Quality Super- order is 2 minutes of debate equally di- small. For the 46 barrels of glycerin, Rasfer vision, Inspection and Quarantine. But the vided. paid Fortune Way $9,900, then sold them to agency acted surprised to learn that it was Mr. COCHRAN. One minute is con- Medicom for $11,322, according to records. Chinese authorities have not disclosed how now in charge. ‘‘What investigation?’’ asked sumed so that is all that remains; is much Fortune Way and the Taixing Glyc- Wang Jian, director of its Taixing branch. that correct? erine Factory made on their end, or how ‘‘I’m not aware of any investigation involv- The PRESIDING OFFICER. The Sen- much they knew about what was in the bar- ing a glycerin factory.’’ Besides, Huang ator is correct. rels. Tong, an investigator in that office, said, Mr. DORGAN. The Senator’s point is ‘‘The fault has to be traced back to areas ‘‘We rarely get involved in products that are sold for export. ‘‘ Wan Qigang, the legal rep- I am entitled to 1 minute. of production,’’ said Dr. Motta, the cardiolo- The PRESIDING OFFICER. The Sen- gist in Panama who helped uncover the resentative for the Taixing Glycerine Fac- tory, said in an interview late last year that ator is entitled to 1 minute. source of the epidemic. ‘‘This was my plea— Mr. KENNEDY. I yield a minute to please, this thing is happening to us, make the authorities had not questioned him sure whoever did this down the line is not about the Panama poisoning, and that his the Senator from North Dakota. doing it to Peru or Sierra Leone or some company made only industrial-grade glyc- Mr. DORGAN. Madam President, I other place.’’ erin. ‘‘I can tell you for certain that we have rise in opposition to the Cochran no connection with Panama or Spain,’’ Mr. A COUNTERFEITER’S CONFESSION amendment. The Cochran amendment Wan said. But in recent months, the Glyc- has been law since 2003. The Secretary The power to prosecute the counterfeiters erine Factory has advertised 99.5 percent is now in the hands of the Chinese. Last pure glycerin on the Internet. cannot certify as a result of it. So it is spring, the government moved quickly Mr. Wan recently declined to answer any an amendment that will void anything against Mr. Wang, the former tailor who more questions. ‘‘If you come here as a that is in the bipartisan legislation we poisoned Chinese residents. The authorities guest, I will welcome you,’’ Mr . Wan said. have offered to try to make imported caught up with him at a roadblock in ‘‘But if you come again wanting to talk drugs, FDA-approved drugs, at a lower Taizhou, a city just north of Taixing, in about this matter, I will make a telephone price available to American consumers. chemical country. He was weak and sick, and call.’’ A local government official said Mr. All Senator COCHRAN described would he had not eaten in two days. Inside his Wan was told not to grant interviews. A five- white sedan was a bankbook and cash. He minute walk away, another manufacturer, be dealt with by the safety amend- had fled without his wife and teenage son. the Taixing White Oil Factory, also adver- ments in our amendment. If his amend- Chinese patients were dead, a political tises medical glycerin on the Internet, yet it, ment prevails, none of the safety scandal was brewing and the authorities too, has no authorization to make it. The issues—pedigree, certification, anti- wanted answers. Mr. Wang was taken to a company’s Web site says its products have counterfeiting—in our amendment will hospital. Then, in long sessions with inves- been exported to America, Australia and survive. That is the problem. If we tigators, he gave them what they wanted, ex- Italy.’’ stand with the American people who Ding Xiang, who represents the White Oil plaining his scheme, how he tested industrial want lower drug prices—a safe drug syrup by drinking it, how he decided to use Factory, denied that his company made diethylene glycol and how he conned phar- pharmaceutical-grade glycerin, but he said supply, FDA approved—and believe maceutical companies into buying his syrup, chemical trading companies in Beijing often they should not be paying the highest according to a government official who was called, asking for it. ‘‘They want us to mark prices in the world, vote against the present for his interrogation. ‘‘He made a the barrels glycerin,’’ Mr. Ding said in late Cochran amendment and for the under- fortune, but none of it went to his family,’’ December. ‘‘I tell them we cannot do that.’’ lying Dorgan-Snowe amendment. said Wang Xiaodong, a former village official Mr. Ding said he stopped answering calls The PRESIDING OFFICER. Under who knows Mr. Wang and his siblings. ‘‘He from Beijing. ‘‘If this stuff is taken overseas the previous order, the question is on liked to gamble.’’ and improperly used. . . .’’ He did not com- agreeing to amendment No. 1010. Mr. Wang remains in custody as the au- plete the thought. In chemical country, thorities decide whether he should be put to product names are not always what they Mr. KENNEDY. I ask for the yeas and death. The Qiqihar drug plant that made the seem. ‘‘The only two factories in Taixing nays. poisonous medicine has been closed, and five that make glycerin don’t even make glyc- The PRESIDING OFFICER. Is there a employees are now being prosecuted for erin,’’ said Jiang Peng, who oversees inspec- sufficient second?

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5641 There appears to be a sufficient sec- amendment No. 990, offered by the Sen- Mr. KENNEDY. Madam President, 30 ond. ator from North Dakota, as amended. seconds. I was reminding the member- The clerk will call the roll. Who yields time? ship, as the Senator from West Vir- The legislative clerk called the roll. Since no one yields time, time will be ginia knows, this bill is going to ensure Mr. DURBIN. I announce that the equally charged to both sides. the safety of our pharmaceutical prod- Senator from Delaware (Mr. BIDEN), Mr. KENNEDY. Madam President, we ucts. It is going to ensure the safety of the Senator from Connecticut (Mr. yield back the remaining time, all our food products. It is going to insist DODD), the Senator from South Dakota time. that the FDA promote the latest in (Mr. JOHNSON), the Senator from Illi- The PRESIDING OFFICER. Without terms of science. We need to push the nois (Mr. OBAMA), the Senator from objection, it is so ordered. FDA into the 21st century, and this Rhode Island (Mr. REED), and the Sen- Mr. KENNEDY. I think we are ready legislation will do it. ator from Montana (Mr. TESTER) are to voice vote. The PRESIDING OFFICER. Who necessarily absent. The PRESIDING OFFICER. The yields time? Mr. LOTT. The following Senators question is on agreeing to amendment The Senator from North Dakota is are necessarily absent: the Senator No. 990, as amended. recognized. from Colorado (Mr. ALLARD), the Sen- The amendment (No. 990), as amend- Mr. DORGAN. Madam President, I ator from Kansas (Mr. BROWNBACK), the ed, was agreed to. am all for pulling or pushing the FDA Senator from Nevada (Mr. ENSIGN), the Mr. REID. Madam President, I move into whatever century we determine at Senator from Oklahoma (Mr. INHOFE), to reconsider the vote. this point. I only pointed out that I and the Senator from Arizona (Mr. Mr. NELSON of Florida. I move to wish to review some of the managers’ MCCAIN). lay that motion on the table. package that deals with ginseng, baby Further, if present and voting, the The motion to lay on the table was turtles, tanning beds, and more, and I Senator from Oklahoma (Mr. INHOFE) agreed to. want a bit of time—and perhaps others would have voted ‘‘yea.’’ Mr. KENNEDY. Madam President, I would if they don’t know these amend- The result was announced—yeas 49, ask unanimous consent that the man- ments exist—to take a look at the nays 40, as follows: agers’ amendments be agreed to en amendments. [Rollcall Vote No. 151 Leg.] bloc. The PRESIDING OFFICER. The Sen- YEAS—49 The PRESIDING OFFICER. Is there ator from Wyoming is recognized. objection? Mr. ENZI. Madam President, on our Alexander Domenici McConnell Baucus Enzi Menendez Mr. DORGAN. Madam President, reside of the aisle I do appreciate the tre- Bayh Graham Mikulski serving the right to object, we received mendous amount of effort Senator Bennett Gregg Murkowski the managers’ amendment about 30 KENNEDY and his staff and many others Bond Hagel Murray minutes ago and I am still reviewing on the other side of the aisle who have Bunning Hatch Nelson (NE) some of the amendments. I object at worked with those of us on this side of Burr Hutchison Roberts Cantwell Isakson Rockefeller this point. the aisle to get particularly the major Carper Kennedy Salazar The PRESIDING OFFICER. Objec- concerns that were brought up during Chambliss Kerry Specter Coburn Kyl tion is heard. the markup in committee taken care Stevens Cochran Landrieu Under the previous order, there will of. There are tremendous amounts of Coleman Lautenberg Sununu be 2 minutes for debate equally divided things in here both sides have worked Thomas Corker Lieberman prior to the vote on the motion to in- on and in some cases come up with a Cornyn Lincoln Voinovich Crapo Lugar Warner voke cloture on the substitute amend- third way of doing it. I think we are on Dole Martinez ment to S. 1082. the right track here. The product will NAYS—40 Who yields time? make a huge difference in the bill, and Mr. BYRD. May we have order. May I hope we can move forward. Akaka Feingold Sanders Bingaman Feinstein Schumer we have order. CLOTURE MOTION Boxer Grassley Sessions The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Under Brown Harkin Shelby ate will be in order. the previous order and pursuant to rule Byrd Inouye Smith Mr. KENNEDY. Madam President, Cardin Klobuchar XXII, the Chair lays before the Senate Snowe again, I thank all of the membership Casey Kohl Stabenow the pending cloture motion, which the Clinton Leahy Thune for their cooperation. We have been on clerk will state. Collins Levin Vitter this legislation for 1 week. We believe Conrad Lott The assistant legislative clerk read Webb Craig McCaskill we have a managers’ amendment which as follows: Whitehouse DeMint Nelson (FL) reflects the best judgment of Senator Wyden CLOTURE MOTION Dorgan Pryor ENZI and myself and we will offer that Durbin Reid We, the undersigned Senators, in accord- at the appropriate time. I mentioned ance with the provisions of rule XXII of the NOT VOTING—11 earlier during the debate and discus- Standing Rules of the Senate, hereby move Allard Ensign Obama sion, the essence of the managers’ to bring to a close debate on the committee Biden Inhofe Reed amendment. I think we probably have substitute amendment, as modified, to S. Brownback Johnson Tester possibly two more votes that might re- 1082, the FDA Revitalization bill. Dodd McCain quire rollcall votes and then we would Ted Kennedy, Dick Durbin, Byron L. The amendment (No. 1010) was agreed go to final passage. I think we have Dorgan, B.A. Mikulski, Patty Murray, Claire McCaskill, Amy Klobuchar, to. broad support for this legislation which Mr. COCHRAN. Madam President, I Sherrod Brown, Jack Reed, Herb Kohl, is so essential if we are going to bring Charles Schumer, Christopher Dodd, move to reconsider the vote, and I the FDA into the 21st century, and if Barbara Boxer, Bill Nelson, Jeff Binga- move to lay that motion on the table. we are going to assure safety for the man, Debbie Stabenow. The motion to lay on the table was prescription drugs our families take, The PRESIDING OFFICER. By unan- agreed to. insist on a safe food supply, and ensure imous consent, the mandatory quorum The PRESIDING OFFICER. The Sen- that the FDA has the best in terms of call has been waived. ator from Massachusetts. science. The question is, Is it the sense of the Mr. KENNEDY. Madam President, I I again thank my friend and col- Senate that debate on the committee request that the next vote be a 10- league from Wyoming. I hope we can substitute amendment to S. 1082, as minute vote. get a strong vote in favor of this bill. modified, shall be brought to a close? The PRESIDING OFFICER. That re- Mr. BYRD. Madam President, may The yeas and nays are mandatory quest has been granted. we have order. under the rule. AMENDMENT NO. 990 The PRESIDING OFFICER. Could we The clerk will call the roll. The PRESIDING OFFICER. Under please have order. The legislative clerk called the roll. the previous order, there will be 2 min- Mr. BYRD. Would the Senator mind Mr. DURBIN. I announce that the utes for debate, equally divided, on saying that again, please. Senator from Delaware (Mr. BIDEN),

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5642 CONGRESSIONAL RECORD — SENATE May 7, 2007 the Senator from Connecticut (Mr. have made very good progress. I think Federal law requires that all children DODD), the Senator from South Dakota the vote on cloture demonstrates the in public schools be tested in English, (Mr. JOHNSON), the Senator from Illi- strong support for this underlying leg- and that if they do not know English, nois (Mr. OBAMA), and the Senator islation. they must learn it as soon as possible. from Montana (Mr. TESTER) are nec- We would like to move this legisla- Over the last 40 years, I have voted essarily absent. tion in a timely way and not delay it for or supported, I believe, almost Mr. LOTT. The following Senators needlessly. So we will inquire of our every civil rights or anti-discrimina- are necessarily absent: the Senator colleagues further—if they have tion law that has been offered. But in from Colorado (Mr. ALLARD), the Sen- amendments, hopefully, they will let America, requiring English in the ator from Kansas (Mr. BROWNBACK), the us know. Hopefully, we will have the workplace is not discrimination; it is Senator from Nevada (Mr. ENSIGN), the opportunity to deal with the managers’ common sense. More important, it is Senator from Oklahoma (Mr. INHOFE), amendment in a timely way. It would our common language. Our common and the Senator from Arizona (Mr. be unfortunate if we did not, since we language helps unite the diversity in MCCAIN). have given assurance to Members on this Nation of immigrants. Further, if present and voting, the both sides of the aisle and worked long That is why, during the debate on Senator from Oklahoma (Mr. INHOFE) and hard with them to try to get this immigration a year ago, the Senate would have voted ‘‘nay.’’ through. Obviously, any Senator is en- adopted my proposals: First, to provide The yeas and nays resulted—yeas 82, titled to review the managers’ amend- $500 grants to help prospective citizens nays 8, as follows: ment. We are getting very close to the learn basic English; second, to allow [Rollcall Vote No. 152 Leg.] point where we are prepared to move someone who becomes fluent in English YEAS—82 along with this legislation. This would to become a citizen after 4 years in- Akaka Durbin Menendez seriously compromise a lot of col- stead of 5. Alexander Enzi Mikulski leagues who voted with the assurance The Senate also declared English to Baucus Feingold Murkowski that we were going to move ahead. We be America’s national language and Bayh Feinstein Murray are more than delighted to get into the Bennett Graham Nelson (FL) provided that anyone illegally here Bingaman Gregg Nelson (NE) description of these various amend- must first learn English before gaining Bond Hagel Pryor ments and explain why we have rec- legal status. Boxer Harkin Reed ommended them. I hope we will not Brown Hatch A few Senators said we were wasting Reid Bunning Hutchison have delay for delay’s sake, but that our time debating national unity and Roberts Burr Inouye we will find a way to move forward. Rockefeller language. But other nations are discov- Byrd Isakson The PRESIDING OFFICER. The Sen- ering just how important and difficult Cantwell Kennedy Salazar Schumer ator from Tennessee is recognized. it is to unite one’s country. Look at Cardin Kerry Mr. ALEXANDER. Madam President, Carper Klobuchar Sessions how today Turkey is struggling with Chambliss Kohl Shelby I ask the managers through the Chair— whether to become more secular or Clinton Kyl Smith I have about a 10-minute speech on an- Coburn Landrieu Specter more Muslim, struggling with what to other subject I would like to make at do about its Kurdish minority. Ger- Cochran Lautenberg Stabenow an appropriate time. I don’t want to Coleman Leahy Stevens mans are struggling to absorb Turkish Collins Levin Sununu interfere with the progress of the bill. workers. Italians are establishing agen- Conrad Lieberman Thomas I ask the Chair whether now would be cies to help new Muslim residents ‘‘feel Corker Lincoln Thune an appropriate time or whether they Cornyn Lott Italian.’’ Three alienated British citi- Voinovich would like me to wait. Craig Lugar Warner zens, children of Pakistani immigrants, Mr. KENNEDY. Madam President, I Crapo Martinez Whitehouse Dole blew up a London subway 2 years ago. McCaskill Wyden think it would be appropriate for the Domenici McConnell Senator to speak now. I thank him for The children of disaffected Muslim im- NAYS—8 his courtesy. migrants in France burned cars during that country’s elections this weekend, Casey Grassley Vitter Mr. ALEXANDER. Madam President, DeMint Sanders Webb I ask unanimous consent to speak for a small echo of much larger riots 2 Dorgan Snowe up to 10 minutes as in morning busi- years ago. NOT VOTING—10 ness. We Americans are rightly proud of our diversity. But Iraq and Jerusalem Allard Ensign Obama The PRESIDING OFFICER. Without Biden Inhofe Tester objection, it is so ordered. and the Balkans are also diverse. Brownback Johnson ENGLISH: OUR NATIONAL LANGUAGE America’s greatest accomplishment is Dodd McCain Mr. ALEXANDER. Madam President, not our magnificent diversity. Our The PRESIDING OFFICER. On this at the end of March, the U.S. Equal greatest accomplishment is that we question, the yeas are 82, the nays are Employment Opportunity Commission have united that diversity into one 8. Three-fifths of the Senators duly sued the Salvation Army for allegedly country. chosen and sworn having voted in the discriminating against two of the Sal- Our original national motto inscribed affirmative, the motion is agreed to. vation Army’s employees in a Boston- in the wall right above the Presiding Mr. KENNEDY. Madam President, as area thrift store by requiring them to Officer’s chair is ‘‘One from Many,’’ not far as I know, on this side, I think we speak English on the job. This lawsuit ‘‘Many from One.’’ have one amendment. We are inquiring means that every business in America, Most nations unite around ancestry of the Senator to see whether it will be from the shoe shop to Wal-Mart, will or race, making it hard for newcomers. offered. I think Senator ENZI can speak need to hire lawyers to prove it has a Imagine ‘‘becoming Japanese’’ or ‘‘be- for the other side. We still have to legitimate business purpose if that coming German.’’ In other words, the work through the managers’ amend- business wants to require employees to United States Constitution says race ment. I want to make it very clear that speak our national language while at or ancestry can have nothing to do we are glad to get into the details of all work. with someone becoming an American. that. I tried to summarize the man- I asked the chair of the EEOC in Instead, American unity is based upon agers’ amendment. It involves a great what language she holds staff meet- ideas, principles found in our founding many ideas from our side of the aisle. ings. She said, in English. documents—such as liberty, equal op- So, hopefully, we will be able to move We conduct Senate debates in portunity, and the rule of law. New that process. English. citizens must, therefore, pass an exam, I know Members want to know how Since 1906, no immigrant has been which was recently improved, about we are going to proceed now through able to become an American citizen the Declaration of Independence, our the afternoon. We have good attend- without first learning English. At Constitution, and United States his- ance, and we would like to at least give Hillsboro High School in Nashville, tory. the membership an idea about how we where my daughter graduated, stu- The first Europeans in America were are going to proceed. We have been on dents speak 28 native languages, but French and Spanish, but our cultural this legislation now for a week, and we classes are conducted in English. beginnings and primary institutions

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5643 and laws were Protestant and English. interest than helping anyone in our ployers go too far in adopting strict policies So English became the way Americans country learn our common language. that prevent co-workers from talking in of many backgrounds communicated That is why later this month, when the their native language even during lunch. ‘‘Imagine how you would feel if you with one another. immigration legislation comes to the In the 20th century, according to the couldn’t speak your own language in the floor, I will introduce again my amend- bathroom,’’ she says. late president of the American Federa- ment that the Senate adopted last year The issue typically comes up in lower-wage tion of Teachers, Albert Shanker, giving every adult immigrant a $500 and service-sector jobs. American common—or public—schools voucher to receive English instruction The number of charges filed with the fed- were created primarily to help immi- and allowing those immigrants who eral Equal Employment Opportunity Com- grant children learn arithmetic and to want to become citizens to do that in 4 mission (EEOC) alleging discrimination read and write in English with the hope years instead of 5 if they become pro- based on such English-only policies is small that they would go home and teach but six times as large as 10 years ago, from ficient—rather than just achieve a 32 charges in 1996 to about 200 in 2006. their parents. Then, in 1906, all new basic level—in English. ‘‘If the rules enter work breaks, they will citizens were required to know English. Senator KENNEDY and I have dis- be difficult to defend or justify,’’ says That has turned out to be a fortunate cussed the fact that there are too many Dianna Johnston, assistant legal counsel choice. English has also become a uni- adults eager to learn English standing with the EEOC, adding that some employers fying language internationally. For ex- in line in Boston and Nashville for also have policies requiring employees to be ample, every Chinese student is ex- adult learning programs. They need fluent in English. pected to study English. When Carlos help learning English, and I hope we Employers have faced lawsuits for enforcing English-only policies. In April, Flushing Ghosn, who speaks several languages, can rectify that soon. became chief executive officer of Nis- Manor Geriatric Center agreed to pay For 10 years I have suggested, most $900,000 to settle an EEOC lawsuit based in san, he began conducting business recently to Bill Gates at a hearing, part on the company’s English-only policy. meetings in Nissan’s Tokyo head- that I would like to see established a The New York-based geriatric center barred quarters in English. private foundation that would loan $500 Haitian employees from speaking in Creole The most fortunate children in our to any person living in this country while allowing other foreign languages to be country are those who grow up learn- who wants to spend it at an accredited spoken, according to the EEOC. ing more than one language, but Amer- institution learning English, with the That prohibition also included that no Cre- ican parents know that one of those ole be spoken during breaks, and largely af- hope that someday that student would fected employees who worked in nursing, must be English. Mastering English is pay it back. The payoff to American how an American succeeds in school, in food service and housekeeping, the EEOC unity would be worth the cost by itself. says. the workplace, on the computer, and in But I believe such a bank would even- ‘‘There was no justifiable reason when international affairs. tually grow to a huge size funded by there’s not a specific business necessity,’’ A century ago, many American com- grateful new Americans. says Stella Yamada, an EEOC lawyer. panies and private associations led an Without our common language we Marc Wenger, a New York-based lawyer effort to Americanize new immigrants. would be a giant Tower of Babel. It representing the geriatric center, says the They taught their employees English EEOC characterization is inaccurate and it would be difficult for Americans to believes its language policies are consistent and the National Anthem. Today, the talk with one another, to debate polit- EEOC is suing the Salvation Army for with EEOC guidelines. He says there was no ical issues, and to vote. It would be restriction on using other languages during doing the very same thing, insisting harder to function as a democracy and breaks, adding the consent decree was not an that its employees learn and speak this to unite as one country. Without admission of wrongdoing. country’s common language. English, we would risk becoming just Some employers have extended the policy According to an article that appeared another United Nations instead of the to customers, too. Geno’s Steaks, a Philadel- today in USA Today: phia landmark, generated a storm of media United States of America. and blogger attention in 2006 when its owner The number of charges filed with the Fed- Madam President, I ask unanimous eral Equal Employment Opportunity Com- posted a sign requesting that customers mission (EEOC) alleging discrimination consent to have printed in the RECORD order only in English. based on such English-only policies is . . . the article from the USA Today to At New York-based Hakia, which provides six times as large as 10 years ago, [growing] which I made reference. an Internet-based search engine, employees from 32 charges in 1996 to about 200 in 2006. There being no objection, the mate- who are hired must speak English, and This is not only an astonishing waste rial was ordered to be printed in the English is the language used for all business RECORD, as follows: communications, says President Melek of the EEOC’s time and taxpayers’ Pulatkonak. Many employees are immi- [From USA Today, May 7, 2007] money—the EEOC has a backlog of grants who speak Turkish, German, Russian, 56,000 cases—but it is also contrary to ENGLISH-ONLY WORKPLACES SPARK LAWSUITS Indian, Romanian or Spanish. Employees are everything we know about the impor- (By Stephanie Armour) free to speak their native language in pri- tance of achieving unity in our coun- Some companies are adopting policies that vate conversations. try. require employees to speak only English on ‘‘We have a very international team,’’ Speaking English is not a punitive the job, spurring a backlash of lawsuits al- Pulatkonak says. ‘‘Sometimes we have slips, requirement; it is a requirement to leging that such rules can discriminate and we just e-mail them back in English.’’ against immigrants. The PRESIDING OFFICER. The Sen- help us communicate with one another. The English-only policies are coming as A 9–1–1 telephone call isn’t of much ator from Iowa. the number of immigrants in the USA soars: Mr. HARKIN. Madam President, I help to a Chinese-speaking person if Nearly 11 million residents are not fluent in the employee answering the phone English, according to U.S. Census data, up wish to discuss the amendment Sen- speaks only Spanish. from 6.6 million in 1990. Nearly 34 million ator ROBERTS and I have worked on, In this case, the Salvation Army residents are foreign-born, according to 2003 along with Senator KENNEDY and Sen- posted its requirements that employees U.S. Census data. That’s up from 24.6 million ator ENZI, regarding direct-to-con- in thrift stores speak English. The two in 1996. sumer advertising of prescription ‘‘This is becoming a much bigger issue,’’ employees in question had worked for drugs. I am concerned about the pro- says Amy McAndrew, an employment lawyer liferation of this kind of advertising, the Salvation Army for 5 years. They at Philadelphia-based Pepper Hamilton. were then given an extra year to learn ‘‘Employers want to have policies because of its effect on public health and health English. When they didn’t, they were safety and customer service, but they have care spending, how much money we are let go. to be careful not to be discriminatory.’’ spending on health care. Senator ROB- I intend to introduce legislation to Employers may legally adopt an English- ERTS and I want to make sure they are put an end to these lawsuits by making only speaking rule if they can show it is a done in a responsible way so that con- it clear that requiring employees to business necessity, such as the need for com- sumers have good information and it speak English is not illegal discrimina- munication with co-workers and customers deals with safety and efficacy. I be- or safety-sensitive situations where use of a tion as long as the policy is clearly common language could prevent an emer- lieve, along with Senator KENNEDY and posted. gency, she says. Senator ENZI, we have crafted an More than that, I can think of noth- But Ronna Timpa, owner of Workplace amendment that addresses any first ing that would be more in our national ESL Solutions in Henderson, Nev., says em- amendment concerns, and I believe we

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5644 CONGRESSIONAL RECORD — SENATE May 7, 2007 have also crafted an amendment that One wonders how many doctors said Mr. DORGAN. Madam President, will will help the FDA get better safety and to a patient who came in: You know, if the Senator yield for a question? efficacy information to consumers who Advil works for you now, you probably Mr. HARKIN. I will yield. see these ads. don’t need Vioxx. Mr. DORGAN. The Senator held up I wish to take this time to discuss Look what happened with Vioxx: 2 one or two charts dealing with Vioxx, a my concerns with direct-to-consumer million Americans took it. It was mar- pain medicine. He is aware, I know— advertising of prescription drugs. Keep keted in 80 countries. Madam Presi- and I believe it was Dr. Graham from in mind, we are talking about ads you dent, $100 million per year was spent on the FDA who testified—that some- see on television, you hear on the direct-to-consumer advertising of the where around 50,000 to 75,000 Americans radio, you see in newspapers and maga- prescription drug Vioxx over about 5 died of heart attacks as a result of that zines for drugs that you cannot buy un- years. So about a half billion dollars drug. I know Senator HARKIN is talking less you get a prescription. It raises all was spent to tell you Vioxx was good about the advertising of these drugs. kinds of questions. Why would you ad- for you. That was a drug that was advertised as vertise drugs that you can’t buy? I can What happened? Because of all this a new generation of pain killers—dis- see advertising Advil or Tylenol or a heavy advertising, there was $2.3 bil- tinctly different and distinctly better. host of other over-the-counter-type lion in sales in 2003. We all know what Not only was that not the case, but it drugs that you can go into a drugstore happened. It was pulled from the mar- turns out that it posed a very substan- and buy, such as cold pills and antihis- ket in 2004. Why? Because thousands of tial risk to tens of thousands of people, tamines. But for prescription drugs, it people died of heart attacks because in the FDA’s own testimony, who died. raises an interesting question: Why they took Vioxx. Yet this product was If I might make one additional point. would these drug companies be spend- subject to heavy direct-to-consumer The Senator is raising a question I ing so much money advertising di- advertising. have raised on the floor in the last week or so about this issue. You turn rectly to you if you can’t even buy it We all remember the Vioxx ads, how on the television in the morning while unless you get a prescription? good it was for you. Then we find out it Let’s look at the history of what has was causing heart attacks. Again, this you are brushing your teeth—if you happened. Information that is con- is a clear indication of the irrespon- have a little television in your bath- veyed in these ads is supposed to bal- sibility of these drug companies in di- room—and you are minding your own ance risks and benefits of a specific rect-to-consumer advertising. It has business, when a commercial comes on and says: You know what you ought to drug and provide information to the just gotten out of hand. It has totally be doing? You ought to go to your doc- public. But what we have seen hap- gotten out of hand. tor and ask him if the purple pill would pening over the last several years is I will show on the next chart what I be right for you. You don’t know what less and less information and more and mean by getting out of hand. Here is the purple pill is, but there is a lot of more promotion—ads that minimize the spending on direct-to-consumer ad- advertising saying you are somehow the risks associated with the drugs and vertising. Keep in mind, prior to 1996, unworthy if you don’t go to the doctor maximize the benefits. They are not we didn’t have direct-to-consumer ad- to see if the purple pill isn’t right for balanced. As a result, in exchange for vertising very much on TV and radio. you because life would be a lot better if an increased market share for a drug Pharmaceutical companies basically marketed to doctors. You went into you were taking the purple pill. company, the consumer is left with an That is the way this advertising goes. the doctor’s office. You saw things in incomplete and even a dangerous un- You can only get these drugs by a doc- the doctor’s office. But the doctors derstanding of a drug’s risks and bene- tor’s prescription. Yet the television were the ones who got the advertise- fits. set is giving us all this advertising ments. More often than not, these ads do not from a pharmaceutical industry say- In 1997, the FDA promulgated some provide consumers with accurate coming: You know what you need to do, rules which opened up the system. parisons between new drugs or even you need to ask your doctor if you Then, all of a sudden, the drug compa- older drugs that are still effective. shouldn’t be taking more prescription nies started marketing to consumers. For example, in a 2002 FDA survey of drugs. Maybe a green pill, maybe a pur- In the first year, they spent $791 mil- physicians, 65 percent of physicians ple pill, but life will be better if you lion. Look what has happened every thought patients were confused by the would do this. relative risks and benefits of drugs year. More and more and more. In 2003, The reason I wanted you to yield, is they saw advertised; 75 percent of the $3.2 billion was spent on advertising. I that doctors are saying that what they doctors believed the ads led patients to made the chart before I got the latest are finding in their offices these days is overestimate the efficacy of advertised figures, but today I got the 2005 figures. patients are coming in and the patients drugs. All of this can only lead to one It is now $4.2 billion. Madam President, are saying: Here is the medicine I want conclusion, that there is not a fair bal- $4.2 billion was spent in 2005 adver- because I saw it on television. Obvi- ance of risks and benefits in these ads. tising drugs you can’t buy unless you ously, the doctors aren’t happy about Worse still, 86 percent of physicians get a prescription. Keep in mind, these that because they are the ones who had a patient who asked about a spe- are drugs for which you have to have a should be diagnosing and prescribing. cific drug. They didn’t ask about some- prescription. So it has gotten out of I wanted to make the point that I thing for their back pain or for aller- hand. think your presentation is right. I gies, they asked about a specific drug. To make matters even worse, most of think there are only two countries in Eighty-six percent of physicians said this money that is spent, $4.2 billion in the world, us and New Zealand, that the patients asked about specific drugs. 2005, was for the promotion of only 50 allow virtually unrestricted, complete As it turns out, the patient usually got brand-name drugs. As a GAO study public advertising on prescription that drug. found out, these drugs are most often drugs that can only be prescribed by Seventy-seven percent of primary for chronic conditions, not for cancer— doctors. care physicians prescribed a drug a pa- not for life-threatening diseases—but Mr. HARKIN. The GAO did this study tient asked for; 74 percent of specialists for chronic conditions. GAO found the which found that 86 percent of physi- did. ads tend to be for antihistamines, sleep cians responded that patients came in Let’s look at some of these drugs and aids, acid reflux, and—as we all know to ask about a specific drug—the pur- what happened. We all know what hap- too well from watching evening tele- ple pill, the green pill. You might say: pened when Vioxx, a pain reliever now vision—things like impotence. We all Why are the doctors doing it? One doc- associated with heart attacks, was know this is true. We know it. Look at tor said to me: You are right. They pulled from the market after being the ads on TV every night. shouldn’t be advertising this. Patients heavily marketed to consumers. Con- It is no coincidence these advertise- coming in would be just as well served sumers never had a clear picture of the ments are for drugs that you must take by taking an aspirin or something like risks and benefits associated with the repeatedly. It is so you will get hooked that, very cheap and readily available, drug. Millions of consumers were put on a brand and then you have to keep and I tell them that. The doctor is tell- at risk. taking it and taking it and taking it. ing me this. I tell them that, and they

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5645 say, no, no, they saw this ad. They with making money. I don’t mind drug of the ads. It is no wonder consumers want this. I tell them no, but they say: companies making money. That is fine. demand newer drugs from their doc- Well, Doctor, if it is all the same with They do good things. They invest tors. They don’t have a clear idea of you, I would just as soon have that pill. money in research—not as much as I the true safety or the efficacy profile. So he says: Well, if you want it, I will wish they would—and they come up Over time, it has become clear that prescribe it. with good drugs. We all take them sometimes the creative content of the So there is an undue amount of pres- when we get sick or when we have a drug ads has the effect of minimizing sure being put on doctors right now to disease. The problem is it has gotten the safety profile of a drug while artifi- prescribe these drugs because patients out of hand. cially spurring the demand. are demanding it. It was OK when they did a little bit I have one other chart I wish to show. Mr. DORGAN. It is the case with this of advertising, but now it has gotten This ad right here. Here is an ad for advertising that if you take this purple out of hand. It has gotten to the point Cialis. If you have ever watched tele- drug, you know, you will be riding in a now where an individual from a drug vision in the evening in the last several convertible, perhaps through a beau- company—I will not mention who—said months, you have seen this ad. You tiful meadow, where the Sun is shining to me: Well, yes, you want to turn the could have seen it in the last few and the birds are singing and life is clock back to 1996, when we didn’t ad- weeks. It seems like I can’t turn on the wonderful. Why? Because you took the vertise much on TV. He said: That TV that I don’t see this ad, so I put it purple drug. And by the way, go ask would be nice, but you could never get on a chart in case someone might have the doctor if you shouldn’t have some it done because not everyone would missed it. It is talking about Cialis. It of this. agree. Because, you see, the big drug has this wonderful scene at the end, The Senator is raising a very impor- companies, the big ones that have some with a woman in a bathtub, a man in a tant question, especially about the dra- major portion of these 50 drugs that bathtub, and a beautiful valley scene— matic growth in direct-to-consumer ad- are basically the ones being advertised, maybe Napa Valley, I don’t know vertising about a product that can only they have got the power. The little where it is—and they say: If a relaxing be achieved through a prescription by a drug companies out there, which may moment turns into the right moment, doctor. have good drugs for you, lifesaving will you be ready? Mr. HARKIN. Well, I thank the Sen- drugs and things such as that, they While this is on the screen and you ator for his great leadership in all have to get in the game too. They have are looking at this beautiful scene and these areas on drugs, on reimportation, to compete. So it keeps ratcheting thinking how wonderful it is, they which I was proud to support him on. itself up every year. Every year it come on and give you a couple of We have to get a handle on this. ratchets itself up with more and more known risks. Are you going to listen to We all have first amendment con- advertising. that? Or are you paying attention to cerns. People have the right to adver- Before I yield the floor, I wish to re- how wonderful Cialis is for you? tise, but I question whether they can view a little bit the history, so we are This is another example of the advertise in a way, like with Vioxx, clear on how we got to this point. In amount of money being put into adver- where they tell you all the benefits, 1962, Congress gave the FDA the au- tising. This is not a drug preventing a but they do not tell you the risks, or thority to regulate prescription drug disease someone might have. It is not they put them in such little fine print advertising which, at that point, in for a life-threatening disease or any- that it takes a 50-power magnifying 1962, consisted of ads in medical jour- thing like that. Not at all. Yet that is glass to read them. nals. Regulations followed from the where the money is going. That is what On television, how many of you have FDA, after 1962, which required that all the problem is with a lot of these ads. seen the ads where they come on with drug ads include ‘‘a brief summary What our amendment does is it tries this wonderful advertisement of a drug, statement that discloses all the drug’s to fix some of these problems and to and then in the end it says: Not to be known risks.’’ That was done, and all help the FDA and the companies to taken by, and it goes so fast you can’t the medical journals, whenever the provide better information so that con- understand what they are saying. It is drug company would put an ad in a sumers can make real choices, not a akin to listening to an auctioneer. You medical journal about the benefits of choice based on a movie endorsement can’t understand what they are saying. the drug, they had to include, and they or a slick advertisement. So our So you see all the benefits of it, but did include—they were very responsible amendment does four things: you don’t get any of the downsides. for a long time—all the known risks. First, the 2-year moratorium on di- One might ask: Why are companies After all, they were advertising to doc- rect-to-consumer advertisements found doing it? Well, simple. They make tors, people who were knowledgeable in in the underlying bill is dropped. While money. The Kaiser Family Foundation the field. I believe this provision is constitu- found an additional $4.20 in savings for Until 1997, there was no real guidance tional, I understand and respect the every dollar spent on advertising. beyond that as to what was required. concerns others have on this point. There you go. If you could spend a dol- Today, based on guidance that was fi- Secondly, in the underlying bill, lar and make $4.20, who wouldn’t? nalized in 1999, an ad sponsor is only every ad may be prereviewed by the So we have to ask some questions. required to disclose ‘‘the most impor- FDA. In this amendment, as part of What happens when we create an artifi- tant risks’’ in a ‘‘major statement’’ in that process, the FDA may require special demand? What is the effect on our the audio portion of a TV or radio ad. cific safety information in the content budget? Some people might say: Well, The FDA does not require that all risks of an advertisement as part of a risk that is OK, but people are spending be read in the ad. evaluation and mitigation strategy. In their own money or the insurance com- Think about that. You can tout all addition, the company must include pany is. That is not so. Think of all the the wonderful benefits, but you don’t any changes the FDA requests about a money we are spending on Medicare have to tell what all the risks are. The serious risk in the content of the ad or and Medicaid for these drugs that peo- FDA requires that an ad sponsor pro- they are subject to civil penalties. ple are being beaten over the head with vide other places to find the list of all Third, civil monetary penalties can every day on these ads on television. the risks. So you could have an ad on be assessed against a company for an Think about the baby boomers retir- TV tell you Vioxx is great—there may ad that is false and misleading in the ing. be a problem with irregular heartbeat, way it presents its safety and efficacy I said that by 2005 the spending had maybe—but if you want to know all information. gone to $4.2 billion. Think of what it is the known risks, you can call this toll- Fourth, the major statement relating going to be this year. I will bet it will free number or you can go to a health to side effects, contraindications, and be over $5 billion this year, spent on care provider and ask your doctor or effectiveness that is included in every advertising alone, for drugs you can’t print ads. TV and radio ad must now be stated— buy unless you get a prescription. So it As I said earlier, it can be very easy and get this—in a clear, conspicuous, is clear to me it has very little to do for a statement about risks and bene- and neutral manner. A clear, con- with patient care and very much to do fits to get lost in the creative content spicuous, and neutral manner.

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5646 CONGRESSIONAL RECORD — SENATE May 7, 2007 Hopefully, this will clarify the major whenever they are diagnosed with gitimate by requiring applicants to statement about risk and benefits, something and a doctor prescribes a verify that they have not received com- which is paramount, and that the cre- certain medication, a certain drug, and pensation from another organization to ative wonderful scenery will not dis- they have to go get it, obviously that file such a petition. It will also pro- tract from it. I think it is a good com- cost is borne by them as consumers and hibit delays of generic drug approvals promise. It is a step in the right direc- by their health care provider, their in- unless the FDA determines within the tion. Hopefully, we will get the bill surer. Everybody has a stake in the first 25 days that a petition is filed through, this will be a part of it, and cost of prescription drugs and doing ev- that the petition raises a genuine pub- we will see if the drug companies want erything we can to lower their costs, to lic health concern. This amendment to be responsible. make them more affordable to average helps to remove the incentive for drug We don’t need to spend $5 billion a people in this country. companies to file unnecessary or ille- year advertising for drugs for which We have an amendment, the Stabe- gitimate citizen petitions. you have to get a prescription. I would now-Thune-Brown-Lott amendment Even the FDA has said the citizen pe- rather they put that money into re- having to do with citizen petitions, tition process is inefficient and is often search, research on drugs that really which was just debated. It has been de- abused by pharmaceutical companies. are lifesaving and helpful to more peo- bated. It is under consideration as part This is troubling to me because the ris- ple. of the managers’ amendment. I thank ing cost of prescription drugs is one of I hope this amendment will be ac- the managers, Senators KENNEDY and the largest drivers, as I said earlier, of cepted. As I said, it is a compromise, ENZI, for giving us an opportunity to health care costs in our country today. obviously. It is not everything I want- perhaps have it included in the man- These costs contribute directly to the ed to do, but I think, again, it is a step agers’ amendment. I think this is an rising cost of health insurance pre- in the right direction, and it will give important amendment, one that ad- miums for families and small busi- us a yardstick. If, a couple of years dresses the issue we are talking about nesses and the cost to all taxpayers for from now, we see that the spending has today, the high cost of prescription what we pay for Medicare and Med- gone from $4.2 billion to $5 billion to drugs. icaid. $5.5 billion to $6 billion, then we will The amendment will reduce the filing As a Member of the House of Rep- really have to come back here and of frivolous ‘‘citizen petitions’’ that resentatives in 2002, I sponsored legis- tighten down on it even more. delay entry of generic drugs to the lation that would help speed access to This is a shot across the bow to the market and unnecessarily increase lower cost generics. Back then, one of drug companies—rein it in, be respon- drug costs for both taxpayers and con- the major issues of concern to Congress sible, or tougher things are coming in sumers. My colleague from Michigan, and consumers was the automatic 30- the future. So it is really up to the the distinguished Presiding Officer, has month stay brand-name companies drug companies to now start to be re- discussed this earlier. could request whenever a challenge was sponsible. It is up to FDA to use their A citizen petition is intended to be raised to the patent. FDA regulations authority to make sure the contra- just that—it is a petition that is filed at the time essentially allowed a phar- indications, the safety measures, the by an individual or a group in order to maceutical company to ask the FDA drug interactions—all the things that raise potential concerns. If you look at for an unlimited number of 30-month may happen to people—are presented in what has happened with that, that stays as generics sought entry into the a clear, conspicuous, and balanced and process has been abused. You can see market, effectively delaying their ap- fair manner. That is the essence of the that even from what the FDA Chief proval. Now we are looking at yet an- amendment. I hope it will be adopted. Counsel has said about this process: other loophole the industry has found I yield the floor. These petitions appear designed not to to delay access to lower cost generic The PRESIDING OFFICER (Ms. STA- raise timely concerns with respect to the le- drugs. BENOW). The Senator from South Da- gality or scientific soundness of approving a kota. drug application, but rather to delay ap- Access to generic drugs is one crucial Mr. THUNE. Madam President, one proval. part of the solution to controlling pre- of the biggest drivers of health care What has happened in this process is scription drug costs. As I said earlier, costs today is the cost of prescription it has become hijacked and is being in overall health care costs, what con- drugs. This debate over reauthorization used for purposes for which it was not tinues to increase over time is the cost of the FDA has given us an opportunity intended. of prescription drugs. As I said earlier, to really home in on some of the rea- Under current FDA regulations, the there are also some wonderful thera- sons for those high costs of prescrip- simple act of filing a petition, no mat- pies, some medications that were tion drugs. We say we spend somewhere ter how meritorious or frivolous that brought onto the market that are around $2.2 trillion on health care petition may be, automatically delays doing remarkable things for health today or about 16 or 17 percent of our the approval of a generic drug. Under care in this country. But there is also gross domestic product. Of that current regulations, there is no risk or a long period where drug companies amount, about 15 to 20 percent of what cost associated with filing a citizen pe- that develop these types of medications we spend on health care is for prescrip- tition. Yet the benefit to a brand-name and therapies have the exclusive right tion drugs. It is an enormous industry company in maintaining their market to market those. During that period, in this country. share for even a few months is enor- they have an opportunity to recover Frankly, some remarkable things mous. the cost of the research and develop- have happened. We have wonderful I want to show another chart which I ment that goes into that particular therapies that have prolonged life, think further defines why there is so drug. But there is a point at which that have improved the quality of life, and much advantage for a company to use period comes to an end. When that pe- for that we can be grateful to those this process in a frivolous way, to riod comes to an end and it is opened companies which are investing in the delay the introduction of generic drugs to competition, then other generic research and development that is nec- into the marketplace. Take Flonase, drug manufacturers can enter the mar- essary to bring these types of new for example. The delay caused by using ketplace. What you generally see hap- therapies and drugs onto the market. the citizen petition was 645 days. Dur- pen is drug costs go down dramatically At the same time, we have to be very ing that period, the additional sales when competition takes hold. concerned about the cost of these that were generated were over $1 bil- I am a big believer in the market. things. Everybody has to be concerned lion—$1.6 billion. If you look at The market works when there is com- about that. The taxpayers, who under- DuoNeb, another drug, 420 days’ delay petition. What we will need, if we want write the cost of Medicare and Med- yielded $262.5 million additional rev- to do something about the high cost of icaid, which is a big part of the cost of enue generated during that delay pe- prescription drugs and the impact they health care in this country, have a riod. are having in driving health care costs stake in this debate, as does every con- The amendment will allow the FDA in this country, is to create more com- sumer who, for prescription drugs— to verify that citizen petitions are le- petition in the marketplace.

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5647 What this particular loophole does, that over. I guess I don’t have an issue It is just, if they can do it in Europe, the citizen petition loophole, is it al- with that. Ginseng is all right. Tanning we are told by our colleagues we do not lows drug companies to take advantage beds—we have a number of amend- have the capability or the wherewithal and in a frivolous way use something ments, some small, some large, some or the knowledge or whatever to be that was intended for legitimate pur- important, some perhaps not. I have able to do it in our country. poses; that is, to allow citizens to chal- looked through them. That, of course, I think, seriously lenge this process, to extend the period I do think there a couple that ought shortchanges the ability of the Amer- in which they can continue to exclu- to be added. I noticed in the managers’ ican people to develop a system that sively market a drug to the tune lit- amendment that there is a note that the Europeans have used for 20 years, a erally of billions and billions of dollars there is additional language coming on system that would help consumers. It of additional cost. That is wrong. several of them. I don’t know what would allow the global economy to The amendment we have intro- that would be. work for consumers. Maybe the little duced—the Senator from Michigan, I suggested two additions to the man- guy ought to have a shot at accessing Senator STABENOW, Senator BROWN, agers’ package that I hope will be con- the benefits of the global economy. Senator LOTT, myself—would simply sidered. One is country-of-origin label- So I think both of those amendments bring some clarity to this and make ing with respect to prescription drugs: have merit. I would ask that those who sure, when the FDA has an opportunity Any prescription drug dispensed in the are working on the managers’ amend- to determine, to take a look at these United States shall affix on each dispenser or ment consider adding these two amend- citizen petitions, that petition does, in container of the prescription drug a label ments to the managers’ package. I fact, raise a genuine public health con- that includes the country in which the drug hope between now and perhaps tomor- cern. I believe this amendment will was manufactured. row, over either supper or breakfast, help remove the incentive drug compa- The reason for that is there has been they might have some sort of an epiph- nies have to file unnecessary or illegit- an assertion here that somehow the any and believe that consistency is a imate citizen petitions in order to con- importation of prescription drugs virtue in the Senate, and as a matter of tinue to reap some of these profits and would be unsafe because it comes from consistency include both of these take advantage of a loophole that ex- another country. In fact, a substantial amendments in the managers’ amend- ists today that needs to be closed. portion of our prescription drugs comes ment. I hope the managers of the bill, those from other countries. It would prob- I yield the floor. The PRESIDING OFFICER. The Sen- who have been working with us ably be useful for consumers to know ator from New Hampshire. throughout the course of this process, that. I do not suggest they know that AMENDMENT NO. 993 will find their way to accept this because it is apparently unsafe, as Mr. GREGG. Madam President, I ap- amendment into the managers’ pack- some seem to suggest with reimporta- preciate the Senator from Ohio who age, allow it to be adopted as part of tion, but nonetheless I think that was going to move to morning business the FDA reauthorization and to do would be a useful thing. by giving me a little respite and let me something that in a very significant The second is the Secretary shall cer- speak. and meaningful way will address what tify prior to the approval for marketing any new prescription drug that I rise relative to the amendment I is a serious problem in America today; have offered on this bill, which is the that is, the high cost of health care the approval of such drug poses ‘‘no additional risk to the public health and effort to try to protect people who pur- which is driving more and more people chase pharmaceuticals from Internet into the ranks of the uninsured, becom- safety,’’ which is the identical provision in the Cochran amendment deal- pharmacies. This is a major concern ing a higher cost and burden on small today. In fact, just last week I entered ing with reimportation of prescription businesses, and, as I said earlier, a big into the RECORD that the FDA reported drugs. I would provide the same re- component of that cost of health care they had identified 24 different Inter- quirement for the new prescription is the cost of prescription drugs. net pharmaceutical sites that appeared drugs that are approved for use in this I think this amendment, along with to be selling adulterated drugs to peo- country. others we have debated here today as ple. At least in three instances they These are at least, to the extent well—and I happen to support allowing were selling adulterated drugs which there is validity in the Cochran amend- for the reimportation of drugs from came in packages that had a lot num- ment, as judged at least by a small ma- Canada and Europe and places such as ber on them, they had an expiration jority of the Members of the Senate that, which will help bring drug costs number on them, and they looked ex- today—to the extent there is validity down in this country—these things will actly like the drugs the individual in that, it seems to me there might be all add competition to the market- would have bought had they bought some use for some consistency, and the place. Competition drives down costs, them through a pharmacy in the consistency would be we would want to it drives down costs for consumers, it United States. drives down costs for taxpayers. That be able to have the same approval proc- But it turned out those drugs, when is a good thing. This particular amend- ess with respect to no substantial risk they were opened by the FDA and test- ment closes a loophole that needs to be from new drugs as they are suggesting ed by the producer of these pharma- closed that will bring about lower costs would be the case when a U.S. con- ceutical products, were adulterated, for consumers in this country. sumer is trying to purchase a prescrip- and in some instances the adulterated I thank the sponsors and the man- tion drug, FDA approved prescription drugs could have caused severe harm to agers of the legislation for their co- drug from another country. the person had they taken those drugs. operation and willingness to work with The second, the country-of-origin la- In other instances, the drugs were sim- us, and I hope in the end we can have beling just makes sense to me inas- ply sugar. They had no chemical com- this amendment adopted and do some- much as every time we debate this sub- pound in them. thing that is serious and meaningful in ject, we have people implying that We have had a lot of instances of this terms of eliminating unnecessary there is something inherently unsafe occurring. The FDA has literally hun- delays in allowing for generic drug ap- about importing a prescription drug dreds of instances of people purchasing provals, getting them into the market- from another country. As I have indi- drugs over the Internet sites which place, and driving down the cost of pre- cated time and time again, they do this come in from international locations, scription drugs. routinely in Europe and have done it which the FDA has no jurisdiction I yield the floor. for 20 years. If you are in Italy and you over. When the person received those The PRESIDING OFFICER. The Sen- want to buy a prescription drug in drugs, they took them and they were ator from North Dakota is recognized. Spain or if you are in Germany and you harmed. In several instances, death has Mr. DORGAN. Madam President, I want to buy a prescription drug in actually occurred as a result. have been trying to review the man- France, there is no problem. There is So what I think is important is that agers’ package, as I indicated before. I something called parallel trading, and we create a system where, when some- read a number of the provisions. The you can easily, as a consumer, access body uses the Internet—because everyone on domestic pet turtles—I looked the best price on that approved drug. body uses the Internet today, or just

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5648 CONGRESSIONAL RECORD — SENATE May 7, 2007 about everyone uses the Internet—to are essentially bearing the cost of So it should, I hope, be accepted at purchase the pharmaceutical product, making sure the FDA has the resources some point. I understand it is going to that they be able to be fairly confident, necessary to monitor the site. be opposed, regrettably, by the other in fact very confident, in fact assured That is a reasonable approach. It is side of the aisle. This makes no sense that product is FDA approved. something we do on most issues of this to me. I think it has something to do This is doable. This is not an impos- type. So there is a fee system in this with the fee system that is in place and sible exercise. This capacity to make proposal which would basically pay for the fact that the large drug delivery Internet pharmaceutical sites subject the resources necessary and give the companies in this country are opposed to FDA oversight and give consumers FDA the support it needs financially so to this type of system. But as I stated, the information they need in order to that it can expand its review process to this is negotiable. There should be ensure that the pharmaceutical site is cover these pharmaceutical products some way to deal with that. FDA approved is a very doable event. which are being sold over the Internet. But, in any event, at some point I That is what my amendment creates. This is a step we have to take. This is hope we face up to the reality of need- Essentially what it will say is that not something where we can sort of ing this type of an amendment and giv- the FDA will receive the resources nec- bury our heads in the sand and say, ing the FDA this type of authority. At essary to be able to inspect and review well, we are just going to let this hap- this point I am not going to ask for a and manage and overview Internet pen. We are going to let these sites vote on the amendment. I may before pharmaceutical sites after they have continue to function, and we are going we move to final passage. But I am also put an Internet pharmaceutical site to ignore their existence because more considering other approaches to get- through the system of testing and and more Americans are moving to this ting this type of language considered. make sure that site first has responsi- process of purchasing drugs. I will review the situation as we go bility in the United States, so that You cannot have, in the United down the road. But I did want to speak they are not in Russia or Albania or States, two different streams of supply tonight to outline again the need for Pakistan or someplace and can’t be of pharmaceuticals for American citi- this type of protection. As I said, just reached if they do harm by selling an zens: one which is absolutely safe and last week the FDA sent out a warning, adulterated drug to an American cit- when American citizens are purchasing actual warning to American con- izen, that that site has a bonded indi- that product they are sure that it is sumers, that said: Do not use these 24 vidual in the United States who is re- not going to harm them; and, two, Internet sites because we cannot tell sponsible for actions taken by that site where they are basically rolling the you that the drugs you purchase over in selling products in the United dice, playing Russian roulette with these sites are going to be safe, that States. what they purchase when they use an they are going to be what they say Second, that the products that are Internet site but thinking they are ac- they are. In fact, we can tell you in sold through that site are FDA ap- tually purchasing something that is these three incidents that they were proved and have a review process which claimed to be the medication they not. assures that they have been FDA ap- need. That means people were put at risk proved. At that point the FDA will put You cannot do that and claim we by purchasing drugs from these sites. a tamperproof recognition symbol on have a safe and efficient system, a safe So we need to give the FDA this au- that site so that a person who goes on system which has efficacy in the qual- thority, and hopefully we will. If not the Internet and looks up a pharma- ity of the drugs and have those drugs now, at least before this bill completes ceutical site will immediately see this be safe when they are delivered to the the whole process and comes back from tamperproof identification that it has consumer. We cannot have two dif- the conference committee. ferent systems and still make that I yield the floor. been FDA approved, sort of like in the The PRESIDING OFFICER. The Sen- claim. We are basically undermining old days when you used to have the ator from Ohio is recognized. Good Housekeeping seal of approval on one of our great strengths as a culture, Mr. BROWN. Madam President, I a product. That is what this will do so which is that we have a very strong have a few comments on this after- that an American citizen buying system for protecting the food that noon’s proceedings. I was disappointed, through an Internet site will know that Americans eat and the drugs America as I know many in the Chamber were, the product coming through that site uses. in the passage of the Cochran amend- is FDA approved, that it is what they So it is critical that we face up to ment and what that means to the price say it is, what the pharmaceutical site this very significant problem we have, of prescription drugs. says it is. This is a step which needs to which is that the Internet pharmacy An awful lot of us believed—those of be taken, obviously, in order to assure situation is basically a ‘‘wild west’’ of us running for election last fall, those that American consumers are safe. supply. Nobody knows what they are of us who were just observers of the As we see, American consumers are getting. Well, they think they know American political scene—understand more and more going to the Internet what they are getting, but nobody ac- that the drug industry has had way too for purposes of buying their products. tually knows what they are getting. much influence in the Senate and the Now, regrettably, some fairly large They can be harmed as a result. So I House and particularly the White pharmaceutical—not pharmaceutical believe this proposal is a reasoned pro- House in the last many years. companies but some fairly large drug posal. It is one I hope we will take a Many of us talked about reimporta- retail companies which run Internet hard look at as a Congress because I tion of prescription drugs, particularly sites in most instances have reserva- believe it is our responsibility. This is from Canada. Many of us—I know the tions about this language because they an area where the Federal Government Presiding Officer has done this. I have, are concerned about the fee system has chosen to legislate and has done from my Northeastern Ohio Congres- which is set up to pay for it. I can un- quite well over the years, FDA pro- sional District before I was elected to derstand that. I am willing to look at posals dealing with the safety of drugs the Senate last fall, taken busloads of ways of addressing that so that we can and food in our country and in our sup- senior citizens to Canada to buy less alleviate, to some degree, their con- ply chain. We have a lot of history. We expensive but identical—same drugs, cern. can take considerable pride in it. But same dosage, same packaging, same But the simple fact is, you have to the market has changed. We need to manufacturing,—drugs in Canadian come up with a system which assures change the process by which we review drugstores. that resources are available for the the quality of the drugs as they come We all thought that it made no sense FDA to be able to go out and monitor through this new market structure, for Americans to leave our country to these sites. It should be a consumer- which is called the Internet. This is not buy drugs, often made in the United producer retail sales-fee system so that a partisan or political issue. This is States, but certainly drugs that are the people who are taking advantage of just a question of how we substantially safe as those at a drugstore in Elyria, this site and the people who are bene- improve FDA’s capacity on oversight Ashtabula or Toledo or Dayton. fiting from the site, both economically of the delivery of drugs to the Amer- Many of us were disappointed at the and through purchasing the product, ican citizen. passage of the Cochran amendment,

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5649 which is what the drug companies biotics access and innovation. My for almost a year now. We have not yet wanted, and what again stands in the amendment is supported by the Infec- had resolution to concerns regarding way of direct reimportation so that tious Diseases Society of America, bioequivalence standards and I had American seniors and other Americans IDSA, the Alliance for Aging Research, hoped to include language in this bill could get less expensive drugs. There is the National Organization of Rare Dis- requiring FDA to engage in a process simply no reason the Canadian drugs— orders, and the Immune Deficiency to inform the public of a change in that our drugs should cost two, three, Foundation. It is intended to take ini- standard, explain their scientific ra- four times what people pay for the tial steps to address the important tionale, and allow for public input be- same drug, same manufacturer, same issue of drug resistant microorganisms fore a new standard is implemented. I dosage, the same packaging in Canada. and the need for new antibiotics. Sen- understand we have agreed to continue I am intrigued by Senator DORGAN’s ate Health, Education, Labor, and Pen- to work with FDA on this issue and idea of country-of-origin labeling on sions Committee Chairman TED KEN- defer including the provision in this prescription drugs. We know, for exam- NEDY and its Ranking Member MIKE bill. I am hopeful that we can address ple, that a doctor prescribes Lipitor, ENZI have worked with me on the pro- these concerns through our continued and the patient buys Lipitor; that vision as well as Senators BURR, work with the FDA. However, I think these actual drugs were manufac- BROWN, and COCHRAN. I appreciate all we all understand that if FDA does not tured—that medicine was manufac- their efforts to address this important sufficiently answer our questions, Con- tured in Ireland. We do not seem to issue and am pleased that we have gress will revisit this issue. Mr. HATCH. I thank the Senator think there is anything wrong with reached an agreement on language to from Mississippi for his leadership on that. So it makes sense to me to put on include in S. 1082. country-of-origin labeling because then Mr. KENNEDY. I want to thank the this matter. I agree that we need to Americans would see that these drugs, Senator from Utah for introducing this pursue this further if we don’t get good whether they are made in Ireland, important amendment. I am concerned answers from the FDA. The agency’s whether they are made in Canada, with the alarming increase in the num- lack of a response is a big concern to whether they are made in Germany, ber of drug-resistant infections. Physi- me. I might also add that your health ad- whether they are made in the UK, cians from Massachusetts have written visor, Leigh Ann Ross, who is a phar- whether they are made in the United me in support of this amendment say- macist, has been very helpful in ex- States, that because of the FDA we ing that patients are routinely lost to plaining the issues of pharmaceutical know those drugs are safe in our coun- infections caused by resistant bacteria science at issue here. I also want to ac- try. We know they are safe if they are for which we have few to no options. I knowledge the work of my colleague coming from Britain or Ireland or Can- appreciate the efforts of infectious dis- from Massachusetts who has shown ada. ease experts from the Infectious Dis- great leadership here and his dedicated I am intrigued by Senator DORGAN’s eases Society of America to raise these staffer, David Dorsey, who has worked idea. I also, for a moment, wanted to concerns and propose solutions. tirelessly on this entire bill and this speak on the amendment that the Pre- Mr. HATCH. Senator KENNEDY has al- issue in particular. I also appreciate siding Officer has led the charge on ways been a leader in public health the hard work of Senator ENZI’s staff with Senator THUNE and with Senator issues and I appreciate the efforts of person, David Schmickel, who has LOTT and myself, on the citizen peti- him and his staff to address this impor- made great efforts to reach an agree- tion issue. That, I understand, is in the tant matter. However, I am concerned ment on this issue. We would not have managers’ amendment. I am hopeful one provision of my amendment that been able to reach this point without that will become part of this bill as it was not included which deals with bio- Senator KENNEDY’s and Senator ENZI’s moves through the process. equivalence standards for locally-act- leadership on the entire bill. We know of abuse of the citizen peti- ing non-absorbed drugs. In the amend- In addition, I would like to acknowl- tion process. We know that while, of ment I filed for Committee, I had asked edge Senator BROWN’s health staffer, course, we want to protect peoples’ for the Food and Drug Administration Ellie Dehoney, who has made valuable rights in this country to petition their to establish a new bioequivalence contributions to this discussion. Government always, we also note the standard for these drugs through a Mr. ENZI. Would the Senator yield drug companies have gamed that sys- guidance allowing for transparency and for a moment? I want to commend Sen- tem, turned that system to their ad- a public process. The underlying bill ator HATCH for raising this issue of vantage and used that petition process deals with drug safety and although I antimicrobial resistance and the need to block the generics getting on the am a supporter of the generic drug infor innovation. The problem that the market. dustry, I want to ensure that their bio- Senator is addressing here is a real We know the drug companies will do equivalence standards are based on threat to public health. The Director of darn near anything to get their way, to science—we need to ensure that FDA is the CDC reports that more than 63,000 keep their prices higher. It is the most applying high scientific standards and patients in the United States die every profitable industry in the country—re- allowing for public input when these year from hospital-acquired, antibiotic turn on investment, return on sales, re- standards are developed by the Office resistant infections. Although I strong- turn on equity—for almost a genera- of Generic Drugs. ly support this amendment as it is an tion, almost every year except for Mr. BROWN. I appreciate his leader- excellent first step, a comprehensive when the oil industry does slightly bet- ship on this matter and want to work response is needed. I hope we can con- ter than the pharmaceutical industry. with him to ensure that we exercise ap- tinue to address the broader issue with- We know they will try almost any- propriate oversight over FDA and hold in the Committee this Congress. I also thing. the agency, and in this case, the Office agree that we need to continue to work But Senator STABENOW’s work on of Generic Drugs, accountable for its with FDA on this issue of account- this issue and this amendment will decisions. I also appreciate working ability and look forward to working draw a balance so that citizen petition with him and other members of the with the Chairman and other members rights are protected, that consumers HELP Committee on the issue of anti- of the Senate on this issue. are protected, which will mean microbial resistance. So my question Mr. HATCH. I thank the Senator. I generics are earlier to market, safe is, isn’t this a public health crisis that appreciate my colleagues’ willingness generics, identical generics that will requires immediate action? to work with me on this important mean lower prices for our consumers. Mr. HATCH. Yes, it is. I appreciate issue. Although the language on the I am hopeful we can get this bill in the remarks of the Senator from Ohio. bioequivalence issue is not in the better shape than it has been. I appre- I yield to the Senator from Mississippi. agreed-to version of the amendment, ciate particularly the efforts of Sen- Mr. COCHRAN. I want to thank the by accepting the revised amendment, I ator DORGAN on reimportation. Senator from Utah for his leadership want to make it perfectly clear that we BIOEQUIVALENCE STANDARDS on this issue. I have been working on want to have clear answers from the Mr. HATCH. I rise to speak about the this issue of FDA standard setting and FDA on its current process in estab- amendment I offered to S. 1082 on anti- process for bioequivalence standards lishing a bioequivalence standard for

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5650 CONGRESSIONAL RECORD — SENATE May 7, 2007 locally-acting non-absorbed drugs. It is generics in part due to his urging. Our quested along with Senators GRASSLEY certainly not my intent or the intent bill would require the Food and Drug and LEAHY. I support the completion of of my colleagues to suggest that we Administration to keep track of au- that study; however, Congress have concluded the oversight of FDA thorized generics marketed since Janu- shouldn’t contemplate additional legis- on this issue. Instead, we have agreed ary 1, 1999, and to make such data pub- lation before having necessary data on to engage with FDA through the over- licly available in electronic form. The authorized generics. I will work with sight function of the HELP Committee language in our bill will help the Fed- my good friend and colleague from to ensure that the scientific standards eral Trade Commission complete its West Virginia to ensure that the FTC and procedures used in establishing study in a timely fashion, and it will has the data needed to complete its bioequivalence for this life-threatening also help to shed some light on this study. So, I want to let my friend from antibiotic are appropriate. elusive marketing practice. Let me be West Virginia know that I want to con- Mr. SPECTER. Would the Senator clear: I do not agree with the other pol- tinue to have a dialogue about this yield for a question? My office has also icy statements being made regarding issue. been in contact with FDA on this issue authorized generics because I don’t be- Mr. ROCKEFELLER. I thank my col- of bioequivalence for a life-saving anti- lieve we have enough information yet leagues for these commitments. I look biotic because leading infectious dis- to make those assessments. However, I forward to working together with ease experts in my state have expressed do agree that we need more informa- Chairman KENNEDY, Senator ENZI, Sen- concern that FDA did not take appro- tion to shed light onto this subject. ator HATCH, and the cosponsors of this priate steps to establish this new That is why I supported the language amendment Senators SCHUMER, LEAHY, standard for demonstrating bioequiva- in the underlying bill to allow us to KOHL, and STABENOW to develop strong lence. I would like to work with my have that data and to provide a strong consensus language that can be en- colleagues on this important issue as platform for future discussions. acted as part of the patent settlements well. Mr. ROCKEFELLER. I appreciate the legislation. Mr. HATCH. I thank the Senator chairman and ranking member’s inter- AMENDMENT NO. 1042 from Pennsylvania and I know that he est in looking into this deceptive mar- has been in communication with FDA keting practice. And, while I had hoped Mr. ENSIGN. Madam President, pre- regarding this issue. His contributions that we could reach agreement on my scription drugs and medical technology to this dialog have been considerable. I legislation as part of this bill, I appre- save lives. Advances in medicine have look forward to working with him, ciate the chairman’s commitment to given patients who are fighting deadly Senator COCHRAN and my HELP Com- working with me to solve this problem diseases or managing chronic condi- mittee colleagues in getting some an- as part of the patent settlements dis- tions hope for a healthier future. swers from the FDA on this situation. cussion. I am also grateful for Senators Prescription drugs are working to AUTHORIZED GENERICS KENNEDY, ENZI, and HATCH’s support of meet the emerging diabetes epidemic, Mr. ROCKEFELLER. Madam Presi- the authorized generics language Sen- save the lives of cancer patients, and dent, I rise today with my colleagues ator BROWN and I worked to include in forestall the terrible burden of Alz- to speak about so-called authorized the underlying bill. This language will heimer’s. These advances in medicine generics. An authorized generic drug is undoubtedly help the FTC finish its are helping patients today. a brand-name prescription drug pro- work, but I want to be clear that I do Although these lifesaving drugs have duced by the same brand manufacturer not believe Congress needs to wait on the enormous potential to improve on the same manufacturing lines, yet the FTC study to be completed to act lives, at times they also have the po- repackaged as a generic in order to on the problem of authorized generics. tential to harm. We all know that no confuse consumers and shut true At the very least, Congress should im- prescription medication is absolutely generics out of the market. Because it pose a moratorium on authorized ge- safe. There is always some degree of is not a true generic drug and does not neric drugs until such time as the FTC safety and health risks. require an additional FDA approval, an study is complete. Drug companies selling products in authorized generic can be marketed Mr. HATCH. My friend from West the United States must comply with during the federally mandated 6-month Virginia has had a longstanding inter- regulations and procedures mandated exclusivity period for generics. This est in looking into this issue, and I cer- by the Food and Drug Administration. discourages true generic companies tainly don’t fault his tenacity in this FDA approval, however, does not al- from entering the market and offering area. When Congressman HENRY WAX- ways guarantee drug safety. lower priced prescription drugs. I have MAN and I wrote the Drug Price Com- The bill we are debating today in- introduced legislation—the Fair Pre- petition and Patent Term Restoration tends to improve drug safety and will scription Drug Competition Act—in Act in 1984, our intent was to improve significantly change the drug approval order to ban authorized generics during generic competition, while preserving process at the FDA. I believe it is im- this protected 180-day period, and I had the ability of brand-name manufactur- portant to improve the drug approval hoped that this legislation could be ac- ers to discover and market new and in- process and, at the same time, ensure cepted as part of this bill. novative products. I think this legisla- patients access to new and innovative Mr. KENNEDY. I appreciate the lead- tion has worked fairly well at achiev- therapies. In order to achieve this goal, ership of the Senator from West Vir- ing its intended goals. I know there a carefully balanced approach is nec- ginia on this important issue. He has have been a few problems along the essary. been a staunch advocate of consumer way, but I think we addressed many of As we debate how to improve the access to lower cost generic prescrip- them in the Medicare Modernization drug approval process, it is important tions, successfully working to include Act of 2003. In that law, Congress for Congress to take actions to ensure authorized generics in the Medicaid closed several loopholes that were de- that legal efforts to enforce drug safety best price calculation. I support his ef- laying generic competition and hin- are directed toward the appropriate forts and believe that the bill before us dering consumer access to lower cost parties. includes significant provisions to lower generic drugs. The law also clarified I am particularly concerned that this prescription drug costs. While I know the 180-day period of market exclu- bill does nothing to protect physicians that our legislation does not directly sivity for generic manufacturers. Now, and pharmacists from being named in address the Senator’s concerns, I want I know Senator ROCKEFELLER is very product liability lawsuits. We cannot to continue to work with him on this concerned about authorized generics, allow for additional waste in our legal important issue and believe that we and I think we should have updated system by naming doctors and phar- can reach consensus on authorized data on the number of authorized ge- macists to these lawsuits—especially generics as part of the patent settle- neric drugs are on the market. The lan- when these professionals have nothing ment debate. guage already included in S. 1082 will to do with the design or manufacture Mr. ENZI. As the Senator from West help the Federal Trade Commission of the product in question. It is for Virginia knows, we included language complete its authorized generics study, that reason that I rise to speak on in the underlying bill on authorized which I know Senator ROCKEFELLER re- amendment No. 1042.

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5651 Product liability lawsuits usually in- My amendment is simple. It prohibits ject of the litigation. Nonetheless, physi- volve claims that a product is unrea- a health care provider, including a doc- cians and other health care providers are ex- sonably dangerous, either in its design, tor or a pharmacist, from being named posed to the significant legal costs, distress, manufacture, or its lack of a proper in a product liability lawsuit or in a and time away from their patients. warning or instructions regarding use. The AMA is pleased to offer its support for class action lawsuit merely because the this amendment and looks forward to con- Historically, trial lawyers name the health care provider prescribed or sold tinuing to work with you to bring about product manufacturer as well as each a drug or device that was approved by common sense liability reforms, such as this party that handled the product in the the Food and Drug Administration. amendment. stream of commerce as a defendant. My amendment does not deprive pa- Sincerely, This includes the shipper of the prod- tients of the right to sue a physician or MICHAEL D. MAVES, uct, as well as the store owner who a pharmacist who behaves in a neg- MD, MBA. sells the product. In most cases, the ligent manner. It does not provide store owner is never liable for a design blanket immunity to a physician or AMERICAN OSTEOPATHIC ASSOCIATION, defect, manufacturing defect, or failure Washington, DC, May 3, 2007. pharmacist who behaves in a negligent Hon. JOHN ENSIGN, to warn. Why? Because these cases manner. That would be a separate have nothing to do with the negligence U.S. Senate, Russell Senate Office Building, cause of action, which lies outside the Washington, DC. of the store owner. scope of my amendment. What my DEAR SENATOR ENSIGN: As President of the Doctors and pharmacists are similar amendment does say is that health American Osteopathic Association (AOA), I to store owners. They have nothing to care providers should not be dragged am pleased to inform you of our support for do with the design or manufacture of a into a product lawsuit that they have your amendment to the ‘‘Prescription Drug product. Yet time and time again, doc- no business being in. Doctors and phar- User Fee Amendments of 2007’’ (S. 1082), tors and other health care providers which would provide clarification on physi- are named as parties to product liabil- macists are routinely named in product cian liability. ity lawsuits involving prescription liability lawsuits and are virtually al- Your amendment seeks to clarify that a drugs and medical devices. Why? Be- ways removed from these cases without physician who prescribes a drug, biological cause class action lawyers are con- having damages assessed against them. product, or medical device, which has cleared successfully the Food and Drug Ad- stantly looking for the best court- They are not responsible for the design or manufacture of drugs and devices ministration’s approval process, cannot be rooms to file their lawsuits. These law- named as a party in a class action lawsuit. yers routinely shop for venues that are and should not be dragged into these types of lawsuits. The AOA shares our concerns that physi- known for siding with the patient who cians and other health care providers fre- has been harmed. By bringing their Patients pay for product liability quently are names as defendants in such cases in front of plaintiff-friendly lawsuits in the form of higher health cases as a means of securing a venue which judges and juries, these lawyers im- benefits and premiums. is more likely to produce larger monetary measurably enhance their probability I urge my colleagues to join me in awards. In most cases, physicians are dis- of securing a jackpot jury award. taking action to curb this abuse of our missed from he lawsuit or found not liable Judgments are virtually never en- legal system. Let’s protect our health for damages. Regardless of the ultimate outcome, physicians face significant legal costs tered against doctors and pharmacists care providers from incurring frivolous unnecessary costs. Our health care pro- and time away from their patients as a rein product liability lawsuits. Yet these sult of this practice. health care professionals are often viders should be focused on providing We believe your amendment takes the ap- forced to spend thousands of dollars in the best care possible to their patients, propriate steps to ensure that future class legal costs and take valuable time off not on product liability lawsuits when action lawsuits are targeted at those whose from work, time away from the pa- they have nothing to do with the prod- conduct is in question. Additionally, we be- tients who need them, to provide law- uct in question. lieve your amendment rightfully prevents yers with rounds and rounds of deposi- I ask unanimous consent to have attorneys from using physicians as a means to pursue legal action in venues they deem tions and to provide juries with testi- printed in the RECORD letters of support for my amendment from the more favorable. For these reasons, we re mony. This is completely ridiculous. pleased to offer our support. We need doctors in our emergency American Medical Association and the Sincerely, rooms and family practice centers—not American Osteopathic Association. JOHN A. STROSNIDER, in the courtrooms when they have There being no objection, the mate- DO, President. nothing to do with the product in ques- rial was ordered to be printed in the f tion. RECORD, as follows: MORNING BUSINESS I want to tell you about a woman AMERICAN MEDICAL ASSOCIATION, named Hilda Bankston. Hilda owned a Chicago, IL, May 3, 2007. Mr. BROWN. I ask unanimous con- pharmacy in Jefferson County, MS, and Hon. JOHN ENSIGN, sent that there now be a period of has been named as a defendant in so U.S. Senate, Russell Senate Office Building, morning business with Senators per- many lawsuits that she has lost count. Washington, DC. mitted to speak for up to 10 minutes DEAR SENATOR ENSIGN: The physician and In each instance, Hilda was sued for student members of the American Medical each. doing nothing more than filling legal Association (AMA) commend you for intro- The PRESIDING OFFICER (Mr. prescriptions. In other words, she ducing an amendment to S. 1082, the ‘‘Pre- WHITEHOUSE). Without objection, it is wasn’t doing anything wrong. Never- scription Drug User Fee Amendments of so ordered. theless, Hilda has been dragged into 2007,’’ that would clarify physician and other f court to testify in hundreds of national health care provider liability. lawsuits brought in Jefferson County Specifically, the amendment would pre- ADDITIONAL STATEMENTS against the pharmacy and out-of-State vent physicians and other healthcare pro- manufacturers of drugs. Why is this? viders who prescribe or dispense a drug, biologic product, or medical device approved, li- REMEMBERING HAWAII’S DON HO Because the party who initiated the censed, or cleared by the Food and Drug Ad- ∑ Mr. AKAKA. Mr. President, I wish to lawsuit was shopping for a friendly ministration from being named in class ac- court in order to file their national tion product liability lawsuits for forum- pay tribute to a remarkable son of Ha- lawsuit in that county. shopping purposes. The amendment would waii, entertainment legend, Don Ho. Does this bill we are considering address situations in which a local physician Don’s big heart gave out on April 14, in today provide any protection to Hilda or other health care provider is named as a Waikiki. He was 76 years old. On Satur- Bankston? No, it does not. Does the defendant as a way to file a lawsuit in a legal day, May 5, Hawaii bid a fond aloha to bill provide any protection to doctors jurisdiction more likely to award large dam- Don Ho, during a ceremony on Waikiki and pharmacists with respect to prod- age awards, even though such jurisdiction Beach in celebration of his life. Thou- has little or no connection to the local de- sands of people attended his memorial. uct liability lawsuits? No. It doesn’t do fendants. In such cases, the local physician that either. The bill allows these or other health care provider is often Don didn’t plan on a career in enter- health care providers to continue to be dropped from the suit or not found liable for tainment. After his college graduation, named in product liability cases. This damages. Instead, liability attaches to the he served in the U.S. Air Force, attain- is outrageous. manufacturer, whose conduct is the real sub- ing the rank of first lieutenant. When

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5652 CONGRESSIONAL RECORD — SENATE May 7, 2007 he returned home, he began helping at other purposes; to the Committee on the Ju- EC–1749. A communication from the Under his mother’s quiet neighborhood bar, diciary. Secretary of Defense (Acquisition, Tech- playing music with friends. That was H.R. 1868. An act to authorize appropria- nology and Logistics), transmitting, pursu- tions for the National Institute of Standards ant to law, a report relative to the funds ex- the beginning of a show business career and Technology for fiscal years 2008, 2009, pended during fiscal year 2006 and the funds spanning more than four decades in- and 2010, and for other purposes; to the Com- that are expected to be expended during fis- cluding hit records, motion pictures, mittee on Commerce, Science, and Transpor- cal years 2007 and 2008; to the Committee on television, and sold out performances tation. Armed Services. EC–1750. A communication from the Prin- world-wide. f Hawaii was still a young State when cipal Deputy, Office of the Under Secretary Don Ho became an international star, MEASURES PLACED ON THE of Defense (Personnel and Readiness), trans- CALENDAR mitting, pursuant to law, a report relative to and in many ways he helped put Hawaii the effects of Aviation Continuation Pay on on the map. In my travels around the The following bills were read the first retention of qualified aviators during fiscal world, people always ask me about Don and second times by unanimous con- year 2006; to the Committee on Armed Serv- Ho. Don was a big star wherever he sent, and placed on the calendar: ices. went. He even played in Washington, H.R. 1429. An act to reauthorize the Head EC–1751. A communication from the Sec- DC, when I was in the House. And I can Start Act, to improve program quality, to retary of the Air Force, transmitting, pursu- tell you, it was a big show. expand access, and for other purposes. ant to law, the report of a critical breach in Average Procurement Unit Cost for the Despite his stature as an entertain- H.R. 1867. An act to authorize appropriations for fiscal years 2008, 2009, and 2010 for Joint Air-to-Surface Standoff Missile; to the ment icon, Don was never too busy to the National Science Foundation, and for Committee on Armed Services. spend a few minutes with his fans; other purposes. EC–1752. A communication from the Sec- young honeymooners, servicemen and retary of the Treasury, transmitting, pursu- f women stationed in the islands, or sen- ant to law, a six-month periodic report on ior citizens on a dream vacation. He MEASURES READ THE FIRST TIME the national emergency relative to Syria that was declared in Executive Order 13338 of had tremendous charisma and talent The following bill was read the first May 11, 2004; to the Committee on Banking, and because of that he touched many time: Housing, and Urban Affairs. people. Hawaii has lost a beloved son S. 1312. A bill to amend the National Labor EC–1753. A communication from the Sec- and he will be sorely missed.∑ Relations Act to ensure the right of employ- retary of Commerce, transmitting, the report of a draft bill intended to ‘‘revise and f ees to a secret-ballot election conducted by the National Labor Relations Board. extend the Export Administration Act of 1979, amended’’; to the Committee on Bank- MESSAGES FROM THE PRESIDENT f ing, Housing, and Urban Affairs. Messages from the President of the EXECUTIVE AND OTHER EC–1754. A communication from the Assist- United States were communicated to COMMUNICATIONS ant Administrator for Fisheries, National the Senate by Ms. Evans, one of his Marine Fisheries Service, Department of secretaries. The following communications were Commerce, transmitting, pursuant to law, laid before the Senate, together with the report of a rule entitled ‘‘Annual Man- f accompanying papers, reports, and doc- agement Measures for the 2007 Pacific Hal- EXECUTIVE MESSAGES REFERRED uments, and were referred as indicated: ibut Fisheries and Changes to the Catch EC–1742. A communication from the Acting Sharing Plan for Area 2A’’ (RIN0648–AV03) As in executive session the Presiding received on May 2, 2007; to the Committee on Administrator, Food Safety and Inspection Officer laid before the Senate messages Commerce, Science, and Transportation. Service, Department of Agriculture, trans- from the President of the United EC–1755. A communication from the Dep- mitting, pursuant to law, the report of a rule uty Assistant Administrator for Operations, States submitting sundry nominations entitled ‘‘Uniform Compliance Date for Food which were referred to the appropriate National Marine Fisheries Service, Depart- Labeling Regulations’’ (RIN0583–AD05) re- ment of Commerce, transmitting, pursuant committees. ceived on May 2, 2007; to the Committee on to law, the report of a rule entitled ‘‘Atlan- (The nominations received today are Agriculture, Nutrition, and Forestry. tic Herring Fishery; 2007–2009 Specifications’’ printed at the end of the Senate pro- EC–1743. A communication from the Under (RIN0648–AT66) received on May 2, 2007; to ceedings.) Secretary of Defense (Comptroller), trans- the Committee on Commerce, Science, and mitting, pursuant to law, the report of a vio- f Transportation. lation of the Antideficiency Act by the De- EC–1756. A communication from the Direc- MESSAGE FROM THE HOUSE partment of the Army, case number 04–12; to tor, Office of Sustainable Fisheries, Depart- the Committee on Appropriations. ment of Commerce, transmitting, pursuant At 2:15 p.m., a message from the EC–1744. A communication from the Under to law, the report of a rule entitled ‘‘Closure House of Representatives, delivered by Secretary of Defense (Comptroller), trans- of the Hook-and-Line Commercial Fishery Ms. Niland, one of its reading clerks, mitting, pursuant to law, the report of a vio- for Gulf Group King Mackerel in the South- announced that the House has passed lation of the Antideficiency Act by the De- ern Florida West Coast Subzone’’ (Docket the following bills, in which it requests partment of the Army, case number 06–01; to No. 001005281–0369–02) received on May 2, 2007; the Committee on Appropriations. the concurrence of the Senate: to the Committee on Commerce, Science, EC–1745. A communication from the Under and Transportation. H.R. 1429. An act to reauthorize the Head Secretary of Defense (Acquisition, Tech- EC–1757. A communication from the Direc- Start Act, to improve program quality, to nology and Logistics), transmitting, pursu- tor, Office of Sustainable Fisheries, Depart- expand access, and for other purposes. ant to law, a report relative to a review of ment of Commerce, transmitting, pursuant H.R. 1592. An act to provide Federal assist- the Guided Multiple Launch Rocket System to law, the report of a rule entitled ‘‘Fish- ance to States, local jurisdictions, and In- program; to the Committee on Armed Serv- eries of the Exclusive Economic Zone Off dian tribes to prosecute hate crimes, and for ices. Alaska; Reallocation of Pacific Cod in the other purposes. EC–1746. A communication from the Under Bering Sea and Aleutian Islands Manage- H.R. 1867. An act to authorize appropria- Secretary of Defense (Acquisition, Tech- ment Area’’ (ID No. 040607A) received on May tions for fiscal years 2008, 2009, and 2010 for nology and Logistics), transmitting, pursu- 2, 2007; to the Committee on Commerce, the National Science Foundation, and for ant to law, the annual report on the Depart- Science, and Transportation. other purposes. ment’s Chemical and Biological Defense Pro- EC–1758. A communication from the Direc- H.R. 1868. An act to authorize appropria- gram; to the Committee on Armed Services. tor, Office of Sustainable Fisheries, Depart- tions for the National Institute of Standards EC–1747. A communication from the Under ment of Commerce, transmitting, pursuant and Technology for fiscal years 2008, 2009, Secretary of Defense (Personnel and Readi- to law, the report of a rule entitled ‘‘Fish- and 2010, and for other purposes. ness), transmitting, pursuant to law, a re- eries of the Exclusive Economic Zone Off f port relative to the Secretary’s plan for im- Alaska; Pacific Cod by Catcher Vessels Using proving recruitment, placement, and reten- Trawl Gear in the Bering Sea and Aleutian MEASURES REFERRED tion within the Department of individuals Islands Management Area’’ (ID No. 040607B) The following bills were read the first who receive scholarships and fellowships; to received on May 2, 2007; to the Committee on the Committee on Armed Services. Commerce, Science, and Transportation. and the second times by unanimous EC–1748. A communication from the Direc- EC–1759. A communication from the Direc- consent, and referred as indicated: tor of Defense Research and Engineering, tor, Office of Sustainable Fisheries, Depart- H.R. 1592. An act to provide Federal assist- transmitting, a report relative to the man- ment of Commerce, transmitting, pursuant ance to States, local jurisdictions, and In- agement and adequacy of biometrics pro- to law, the report of a rule entitled ‘‘Fish- dian tribes to prosecute hate crimes, and for grams; to the Committee on Armed Services. eries of the Exclusive Economic Zone Off

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5653 Alaska; Rock Sole, Flathead Sole, and ’Other Administration, transmitting, pursuant to of Policy, Economics and Innovation, Envi- Flatfish’ by Vessels Using Trawl Gear in Ber- law, the report of a vacancy and the designa- ronmental Protection Agency, transmitting, ing Sea and Aleutian Islands Management tion of an acting officer for the position of pursuant to law, the report of a rule entitled Area’’ (ID No. 040607E) received on May 2, Chief Financial Officer, received on May 2, ‘‘Delegation of National Emission Standards 2007; to the Committee on Commerce, 2007; to the Committee on Commerce, for Hazardous Air Pollutants for Source Cat- Science , and Transportation. Science, and Transportation. egories; State of Arizona, Arizona Depart- EC–1760. A communication from the Acting EC–1769. A communication from the Dep- ment of Environmental Quality, State of Ne- Director, Office of Sustainable Fisheries, De- uty Chief Counsel, National Telecommuni- vada, Nevada Division of Environmental Pro- partment of Commerce, transmitting, pursu- cations and Information Administration, De- tection’’ (FRL No. 8309–7) received on May 3, ant to law, the report of a rule entitled ‘‘In- partment of Commerce, transmitting, pursu- 2007; to the Committee on Environment and crease of Landing Limit for Georges Bank ant to law, the report of a rule entitled Public Works. Yellowtail Flounder’’ (ID No. 040407D) re- ‘‘Rules to Implement and Administer a Cou- EC–1780. A communication from the Prin- ceived on May 2, 2007; to the Committee on pon Program for Digital-to-Analog Converter cipal Deputy Associate Administrator, Office Commerce, Science, and Transportation. Boxes’’ (RIN0660–AA16) received on May 2, of Policy, Economics and Innovation, Envi- EC–1761. A communication from the Acting 2007; to the Committee on Commerce, ronmental Protection Agency, transmitting, Director, Office of Sustainable Fisheries, De- Science, and Transportation. pursuant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- EC–1770. A communication from the Gen- ‘‘Ambient Air Monitoring Regulations: Cor- ant to law, the report of a rule entitled eral Counsel, Department of Commerce, recting and Other Amendments’’ (FRL No. ‘‘Fisheries of the Economic Exclusive Zone transmitting, the report of draft legislation 8308–7) received on May 3, 2007; to the Com- Off Alaska; Pacific Cod in the Bering Sea and intended to amend the Communications Act mittee on Environment and Public Works. Aleutian Islands’’ (ID No. 040907D) received of 1934 to terminate the Telecommunications EC–1781. A communication from the Prin- on May 2, 2007; to the Committee on Com- Development Fund for various reasons; to cipal Deputy Associate Administrator, Office merce, Science, and Transportation. the Committee on Commerce, Science, and of Policy, Economics and Innovation, Envi- EC–1762. A communication from the Acting Transportation. ronmental Protection Agency, transmitting, Director, Office of Sustainable Fisheries, De- EC–1771. A communication from the Acting pursuant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- Director, Office of Surface Mining, Depart- ‘‘Approval and Promulgation of Implementa- ant to law, the report of a rule entitled ment of the Interior, transmitting, pursuant tion Plans and Designation of Areas for Air ‘‘Temporary Rule; Closure (Closure of Tri- to law, the report of a rule entitled ‘‘Ohio Quality Planning Purposes; California’’ (FRL mester I Fishery for Loligo Squid)’’ (ID No. Regulatory Program’’ (Docket No. OH–251– No. 8308–4) received on May 3, 2007; to the 112106A) received on May 2, 2007; to the Com- FOR) received on May 4, 2007; to the Com- Committee on Environment and Public mittee on Energy and Natural Resources. mittee on Commerce, Science, and Transpor- Works. EC–1772. A communication from the Direc- tation. EC–1782. A communication from the Prin- tor, Office of Congressional and Intergovern- EC–1763. A communication from the Acting cipal Deputy Associate Administrator, Office mental Affairs, Department of Energy, Director, Office of Sustainable Fisheries, De- of Policy, Economics and Innovation, Envi- transmitting, pursuant to law, the report of partment of Commerce, transmitting, pursu- ronmental Protection Agency, transmitting, a vacancy and designation of an acting offi- ant to law, the report of a rule entitled pursuant to law, the report of a rule entitled cer for the position of Assistant Secretary ‘‘Fisheries of the Caribbean, Gulf of Mexico, ‘‘Approval and Promulgation of Implementa- for Congressional and Intergovernmental Af- and South Atlantic; Commercial Tilefish tion Plans; Missouri; Interstate Transport of fairs, received on May 2, 2007; to the Com- Fishery of the Gulf of Mexico; Closure’’ (ID Pollution’’ (FRL No. 8310–6) received on May mittee on Energy and Natural Resources. No. 040607F) received on May 2, 2007; to the EC–1773. A communication from the Direc- 3, 2007; to the Committee on Environment Committee on Commerce, Science, and tor of Land and Minerals Management, Min- and Public Works. Transportation. erals Management Service, Department of EC–1783. A communication from the Prin- EC–1764. A communication from the Dep- the Interior, transmitting, pursuant to law, cipal Deputy Associate Administrator, Office uty Assistant Administrator for Regulatory the report of a rule entitled ‘‘Oil and Gas and of Policy, Economics and Innovation, Envi- Programs, National Marine Fisheries Serv- Sulphur Operations and Leasing in the Outer ronmental Protection Agency, transmitting, ice, Department of Commerce, transmitting, Continental Shelf—Corrections and Amend- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled ments’’ (RIN1010–AD42) received on May 3, ‘‘Approval and Promulgation of Implementa- ‘‘Pacific Albacore Tuna Fisheries; Vessel 2007; to the Committee on Energy and Nat- tion Plans; Revisions to the Nevada State List to Establish Eligibility to Fish for Alba- ural Resources. Implementation Plan; Visible Emissions and core Tuna in Canadian Waters Under the EC–1774. A communication from the Sec- Particulate Matter Rules’’ (FRL No. 8308–2) U.S.-Canada Albacore Tuna Treaty’’ retary of Energy, transmitting, the report of received on May 3, 2007; to the Committee on (RIN0648–AU78) received on May 2, 2007; to a legislative proposal that would amend two Environment and Public Works. the Committee on Commerce, Science, and sections of the Energy Policy and Conserva- EC–1784. A communication from the Prin- Transportation. tion Act; to the Committee on Energy and cipal Deputy Associate Administrator, Office EC–1765. A communication from the Dep- Natural Resources. of Policy, Economics and Innovation, Envi- uty Assistant Administrator for Regulatory EC–1775. A communication from the Assist- ronmental Protection Agency, transmitting, Programs, National Marine Fisheries Serv- ant Secretary for Water and Science, Depart- pursuant to law, the report of a rule entitled ice, Department of Commerce, transmitting, ment of the Interior, transmitting, the re- ‘‘Approval and Promulgation of Implementa- pursuant to law, the report of a rule entitled port of a draft bill entitled ‘‘Reclamation tion Plans; State of Missouri’’ (FRL No. 8309– ‘‘Fisheries in the Western Pacific; Optional Water Management Improvement Act’’; to 3) received on May 3, 2007; to the Committee Use of Electronic Logbook Forms’’ (RIN0648– the Committee on Energy and Natural Re- on Environment and Public Works. AS29) received on May 2, 2007; to the Com- sources. EC–1785. A communication from the Prin- mittee on Commerce, Science, and Transpor- EC–1776. A communication from the Assist- cipal Deputy Associate Administrator, Office tation. ant Secretary of the Army (Civil Works), of Policy, Economics and Innovation, Envi- EC–1766. A communication from the Dep- transmitting, pursuant to law, a report rel- ronmental Protection Agency, transmitting, uty Assistant Administrator for Regulatory ative to an investigation of opportunities to pursuant to law, the report of a rule entitled Programs, National Marine Fisheries Serv- address near-term water resources needs for ‘‘Approval and Promulgation of Air Quality ice, Department of Commerce, transmitting, coastal Mississippi resulting from the hurri- Implementation Plans; West Virginia; Redes- pursuant to law, the report of a rule entitled cane season of 2005 that was conducted by ignation of the Parkersburg, West Virginia ‘‘Final Rule to Implement Regulations to Es- the Army Corps of Engineers; to the Com- Portion of the Parkersburg-Marietta, WV– tablish and Govern Seafood Marketing Coun- mittee on Environment and Public Works. OH 8–Hour Ozone Nonattainment Area to At- cils’’ (RIN0648–AS09) received on May 2, 2007; EC–1777. A communication from the Prin- tainment and Approval of the Maintenance to the Committee on Commerce, Science, cipal Deputy Associate Administrator, Office Plan’’ (FRL No. 8309–9) received on May 3, and Transportation. of Policy, Economics and Innovation, Envi- 2007; to the Committee on Environment and EC–1767. A communication from the Dep- ronmental Protection Agency, transmitting, Public Works. uty Assistant Administrator for Regulatory the Uniform Resource Locator for a docu- EC–1786. A communication from the Prin- Programs, National Marine Fisheries Serv- ment entitled ‘‘Audit Policy; Frequently cipal Deputy Associate Administrator, Office ice, Department of Commerce, transmitting, Asked Questions (2007)’’; to the Committee of Policy, Economics and Innovation, Envi- pursuant to law, the report of a rule entitled on Environment and Public Works. ronmental Protection Agency, transmitting, ‘‘Final Rule for 2007 Pacific Whiting Harvest EC–1778. A communication from the Assist- pursuant to law, the report of a rule entitled Specifications and Inseason Adjustments to ant Secretary of the Army (Civil Works), ‘‘Approval and Promulgation of State Plans Groundfish Management Measures’’ transmitting, pursuant to law, a report rel- for Designated Facilities and Pollutants; (RIN0648–AU57) received on May 2, 2007; to ative to an evaluation by the Army Corps of States of Iowa, Kansas, and Missouri’’ (FRL the Committee on Commerce, Science, and Engineers of the damage reduction measures No. 8310–8) received on May 3, 2007; to the Transportation. for Montauk Point, New York; to the Com- Committee on Environment and Public EC–1768. A communication from the Assist- mittee on Environment and Public Works. Works. ant Administrator for Human Capital Man- EC–1779. A communication from the Prin- EC–1787. A communication from the Prin- agement, National Aeronautics and Space cipal Deputy Associate Administrator, Office cipal Deputy Associate Administrator, Office

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5654 CONGRESSIONAL RECORD — SENATE May 7, 2007 of Policy, Economics and Innovation, Envi- EC–1797. A communication from the Assist- EC–1807. A communication from the Chair- ronmental Protection Agency, transmitting, ant General Counsel for Regulations, Office man, U.S. Parole Commission, Department pursuant to law, the report of a rule entitled of Elementary and Secondary Education, De- of Justice, transmitting, pursuant to law, ‘‘Revisions to the Arizona State Implemen- partment of Education, transmitting, pursu- the Commission’s annual report for calendar tation Plan, Maricopa County Environ- ant to law, the report of a rule entitled year 2005; to the Committee on Homeland Se- mental Services Department’’ (FRL No. 8302– ‘‘Title I—Improving the Academic Achieve- curity and Governmental Affairs. 9) received on May 3, 2007; to the Committee ment of the Disadvantaged; Individuals With EC–1808. A communication from the Chair- on Environment and Public Works. Disabilities Education Act—Assistance to man, Occupational Safety and Health Review EC–1788. A communication from the Prin- States for the Education of Children With Commission, transmitting, pursuant to law, cipal Deputy Associate Administrator, Office Disabilities’’ (RIN1810–AA98) received on a report relative to the amount of acquisi- of Policy, Economics and Innovation, Envi- May 1, 2007; to the Committee on Health, tions made by the agency from entities that ronmental Protection Agency, transmitting, Education, Labor, and Pensions. manufacture the articles, materials, or sup- pursuant to law, the report of a rule entitled EC–1798. A communication from the Direc- plies outside of the U.S. in that fiscal year; ‘‘Revisions to the Nevada State Implementa- tor, Regulations Policy and Management to the Committee on Homeland Security and tion Plan, Washoe County’’ (FRL No. 8303–2) Staff, Department of Health and Human Governmental Affairs. received on May 3, 2007; to the Committee on Services, transmitting, pursuant to law, the EC–1809. A communication from the Ad- Environment and Public Works. report of a rule entitled ‘‘Laxative Drug ministrator, General Services Administra- EC–1789. A communication from the Prin- Products for Over-the-Counter Human Use; tion, transmitting, pursuant to law, the re- cipal Deputy Associate Administrator, Office Psyllium Ingredients in Granular Dosage port of a request for reimbursement under of Policy, Economics and Innovation, Envi- Forms’’ ((RIN0910–AF36)(Docket No. 1978N– the Meritorious Claims Act for Patrick J. ronmental Protection Agency, transmitting, 0036L)) received on May 2, 2007; to the Com- Truver; to the Committee on Homeland Se- pursuant to law, the report of a rule entitled mittee on Health, Education, Labor, and curity and Governmental Affairs. ‘‘Source-Specific Federal Implementation Pensions. EC–1810. A communication from the Prin- Plan for Four Corners Power Plant; Navajo EC–1799. A communication from the Regu- cipal Deputy Assistant Attorney General, Of- Nation’’ ((RIN2009–AA01)(FRL No. 8308–6)) relations Coordinator, Centers for Medicare fice of Legislative Affairs, Department of ceived on May 3, 2007; to the Committee on and Medicaid Services, Department of Justice, transmitting, pursuant to law, a re- Environment and Public Works. Health and Human Services, transmitting, port relative to the use and effectiveness of EC–1790. A communication from the Chief pursuant to law, the report of a rule entitled court-authorized Title III interceptions con- of the Publications and Regulations Branch, ‘‘Inpatient Psychiatric Facility Prospective ducted during calendar year 2006; to the Internal Revenue Service, Department of the Payment System Payment Update for Rate Committee on the Judiciary. Treasury, transmitting, pursuant to law, the Year’’ (RIN0938–AO40) received on May 3, EC–1811. A communication from the Direc- report of a rule entitled ‘‘Section 1035—Cer- 2007; to the Committee on Health, Education, tor, Administrative Office of the United tain Exchanges of Insurance Policies’’ (Rev. Labor, and Pensions. States Courts, an annual report relative to Rul. 2007–24) received on May 4, 2007; to the EC–1800. A communication from the White crime victims’ rights; to the Committee on Committee on Finance. House Liaison, Department of Health and the Judiciary. EC–1791. A communication from the Chief Human Services, transmitting, pursuant to EC–1812. A communication from the Acting of the Publications and Regulations Branch, law, the report of a vacancy and designation Assistant Attorney General, Office of Legis- Internal Revenue Service, Department of the of an acting officer for the position of Assist- lative Affairs, Department of Justice, trans- Treasury, transmitting, pursuant to law, the ant Secretary for Children and Families, re- mitting, pursuant to law, a report relative to report of a rule entitled ‘‘Accrual of Interest ceived on May 2, 2007; to the Committee on all applications made by the Government on Nonperforming Loans’’ (Rev. Rul. 2007–32) Health, Education, Labor, and Pensions. during calendar year 2006 for authority to received on May 4, 2007; to the Committee on EC–1801. A communication from the Direc- conduct electronic surveillance and physical Finance. tor of Legislative Affairs, Railroad Retire- search for foreign purposes under the For- EC–1792. A communication from the Chief ment Board, transmitting, pursuant to law, eign Intelligence Surveillance Act of 1978; to of the Publications and Regulations Branch, the Board’s report relative to the Sunshine the Committee on the Judiciary. Internal Revenue Service, Department of the Act; to the Committee on Homeland Secu- EC–1813. A communication from the Chair, Treasury, transmitting, pursuant to law, the rity and Governmental Affairs. U.S. Sentencing Commission, transmitting, report of a rule entitled ‘‘Credit for Alter- EC–1802. A communication from the Direc- pursuant to law, the report of the amend- native Fuel Vehicle Refueling Property’’ tor of Legislative Affairs, Railroad Retire- ments to the federal sentencing guidelines (Notice 2007–43) received on May 4, 2007; to ment Board, transmitting, pursuant to law, and policy statements made during the 2006– the Committee on Finance. the Board’s report relative to the No Fear 2007 amendment cycle; to the Committee on EC–1793. A communication from the Com- Act; to the Committee on Homeland Secu- the Judiciary. missioner, Social Security Administration, rity and Governmental Affairs. EC–1814. A communication from the Dep- transmitting, pursuant to law, the Adminis- EC–1803. A communication from the Chief uty Assistant Administrator, Office of Diver- tration’s Federal Activities Inventory Re- of the Border Security Regulations Branch, sion Control, Department of Justice, trans- form Act Inventory for fiscal year 2006; to Customs and Border Protection, Department mitting, pursuant to law, the report of a rule the Committee on Finance. of Homeland Security, transmitting, pursu- entitled ‘‘Implementation of the Combat EC–1794. A communication from the Regu- ant to law, the report of a rule entitled ‘‘Ad- Methamphetamine Epidemic Act of 2005 No- lations Coordinator, Centers for Medicare vance Electronic Presentation of Cargo In- tice of Transfers Following Importation or and Medicaid Services, Department of formation for Truck Carriers Required to be Exportation’’ (RIN1117–AB06) received on Health and Human Services, transmitting, Transmitted Through ACE Truck Manifest May 2, 2007; to the Committee on the Judici- pursuant to law, the report of a rule entitled at Ports in the States of Idaho and Mon- ary. ‘‘Medicare Program; Prospective Payment tana’’ (CBP Dec. 07–25) received on May 2, EC–1815. A communication from the Dep- System for Long-Term Care Hospitals RY 2007; to the Committee on Homeland Secu- uty Assistant Administrator, Office of Diver- 2008: Annual Payment Rate Updates and Pol- rity and Governmental Affairs. sion Control, Department of Justice, trans- icy Changes; and Hospital Direct and Indi- EC–1804. A communication from the Ad- mitting, pursuant to law, the report of a rule rect Graduate Medical Education Policy ministrator, General Services Administra- entitled ‘‘Exemption of Chemical Mixtures’’ Changes’’ (RIN0938–AO30) received on May 3, tion, transmitting, pursuant to law, (RIN1117–AA31) received on May 2, 2007; to 2007; to the Committee on Finance. prospectuses that support the Administra- the Committee on the Judiciary. EC–1795. A communication from the Presi- tion’s fiscal year 2008 Capital Investment EC–1816. A communication from the Direc- dent and Chief Executive Officer of the Over- Program; to the Committee on Homeland Se- tor, Administrative Office of the United seas Private Investment Corporation, trans- curity and Governmental Affairs . States Courts, transmitting, pursuant to mitting, the report of draft legislation in- EC–1805. A communication from the Ad- law, the fiscal year 2007 update to the ‘‘Long tended to ‘‘amend the Foreign Assistance ministrator, General Services Administra- Range Plan for Information Technology in Act of 1961 with respect to the activities of tion, transmitting, pursuant to law, addi- the Federal Judiciary’’ and the ‘‘Judiciary the Overseas Private Investment Corpora- tional prospectuses that support the Admin- Information Technology Fund Annual Re- tion’’; to the Committee on Foreign Rela- istration’s fiscal year 2008 Capital Invest- port for Fiscal Year 2006’’; to the Committee tions. ment and Leasing Program; to the Com- on the Judiciary. EC–1796. A communication from the Assist- mittee on Homeland Security and Govern- EC–1817. A communication from the Sec- ant Director-General, Technical Cooperation mental Affairs. retary of Labor, transmitting, the report of Department, Food and Agriculture Organiza- EC–1806. A communication from the Asso- a draft bill intended to ‘‘establish a fee for tion of the United Nations, transmitting, ciate General Counsel for General Law, De- processing applications for permanent em- copies of letters intended to raise awareness partment of Homeland Security, transmit- ployment certification for immigrant aliens among parliamentarians and mobilize their ting, pursuant to law, the report of a nomi- in the United States, to enhance program in- support for the efforts of developing coun- nation for the position of Deputy Adminis- tegrity, and for other purposes’’; to the Com- tries to foster agriculture and rural develop- trator for National Preparedness, received on mittee on the Judiciary. ment; to the Committee on Foreign Rela- May 2, 2007; to the Committee on Homeland EC–1818. A communication from the Direc- tions. Security and Governmental Affairs. tor of Regulatory Management, Veterans

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5655

Benefits Administration, Department of Vet- BAYH, Mr. LEAHY, Mr. LEVIN, Ms. S. Con. Res. 33. A concurrent resolution erans Affairs, transmitting, pursuant to law, LANDRIEU, Mr. FEINGOLD, Mr. LIEBER- recognizing the benefits and importance of the report of a rule entitled ‘‘Administration MAN, Mr. DURBIN, Mr. VOINOVICH, Mr. school-based music education; to the Com- of VA Educational Benefits—Centralized KENNEDY, Mr. SALAZAR, Mr. COCHRAN, mittee on Health, Education, Labor, and Certification’’ (RIN2900–AL43) received on Mr. PRYOR, Ms. MIKULSKI, Mr. HAGEL, Pensions. May 2, 2007; to the Committee on Veterans’ Mrs. FEINSTEIN, Mr. ENZI, Mr. REID, Affairs. Ms. STABENOW, and Mr. REED): f f S. 1317. A bill to posthumously award a congressional gold medal to Constance ADDITIONAL COSPONSORS REPORTS OF COMMITTEES Baker Motley; to the Committee on Bank- S. 147 The following reports of committees ing, Housing, and Urban Affairs. At the request of Mrs. BOXER, the were submitted: By Mr. SCHUMER (for himself, Mr. name of the Senator from Washington SMITH, Mr. BOND, Mr. REED, Mrs. (Mrs. MURRAY) was added as a cospon- By Mrs. BOXER, from the Committee on MURRAY, Mr. CARDIN, and Ms. Environment and Public Works, with amend- SNOWE): sor of S. 147, a bill to empower women ments: S. 1318. A bill to amend the Internal Rev- in Afghanistan, and for other purposes. S. 496. A bill to reauthorize and improve enue Code of 1986 to provide an incentive to S. 185 the program authorized by the Appalachian preserve affordable housing in multifamily Regional Development Act of 1965 (Rept. No. At the request of Mr. SPECTER, the housing units which are sold or exchanged; name of the Senator from Washington 110–63). to the Committee on Finance. By Mr. KERRY, from the Committee on By Mr. INOUYE (for himself and Mr. (Ms. CANTWELL) was added as a cospon- Small Business and Entrepreneurship, with AKAKA): sor of S. 185, a bill to restore habeas an amendment in the nature of a substitute: S. 1319. A bill to provide for the conversion corpus for those detained by the United S. 163. A bill to improve the disaster loan of a temporary judgeship for the district of States. program of the Small Business Administra- Hawaii to a permanent judgeship; to the S. 231 tion, and for other purposes (Rept. No. 110– Committee on the Judiciary. 64). By Mr. KYL: At the request of Mrs. FEINSTEIN, the By Mr. BINGAMAN, from the Committee S. 1320. A bill to prohibit the rewarding of names of the Senator from Rhode Is- on Energy and Natural Resources, without suicide bombings, to prohibit terrorist land (Mr. WHITEHOUSE), the Senator amendment: kidnappings and sexual assaults, and for from Vermont (Mr. SANDERS) and the S. 1321. An original bill to enhance the en- other purposes; to the Committee on the Ju- Senator from Hawaii (Mr. INOUYE) were ergy security of the United States by pro- diciary. moting biofuels, energy efficiency, and car- added as cosponsors of S. 231, a bill to By Mr. BINGAMAN: authorize the Edward Byrne Memorial bon capture and storage, and for other pur- S. 1321. An original bill to enhance the en- poses (Rept. No. 110–65). ergy security of the United States by pro- Justice Assistance Grant Program at f moting biofuels, energy efficiency, and car- fiscal year 2006 levels through 2012. INTRODUCTION OF BILLS AND bon capture and storage, and for other pur- S. 242 poses; from the Committee on Energy and JOINT RESOLUTIONS At the request of Mr. DORGAN, the Natural Resources; placed on the calendar. name of the Senator from Virginia (Mr. By Mrs. LINCOLN: The following bills and joint resolu- WEBB) was added as a cosponsor of S. tions were introduced, read the first S. 1322. A bill to amend the Internal Rev- enue Code of 1986 to improve the operation of 242, a bill to amend the Federal Food, and second times by unanimous con- employee stock ownership plans, and for Drug, and Cosmetic Act with respect to sent, and referred as indicated: other purposes; to the Committee on Fi- the importation of prescription drugs, By Mr. DEMINT (for himself, Mr. ALEX- nance. and for other purposes. ANDER, Mr. ALLARD, Mr. BROWNBACK, By Mr. MCCONNELL (for himself, Mr. S. 276 Mr. BUNNING, Mr. BURR, Mr. CHAM- PRYOR, Mr. GRAHAM, Mr. BAUCUS, Mr. At the request of Mrs. FEINSTEIN, the BLISS, Mr. COBURN, Mr. CORNYN, Mr. CORNYN, Mrs. LINCOLN, Mr. ALEX- CRAIG, Mrs. DOLE, Mr. ENZI, Mr. ANDER, Mrs. DOLE, and Mr. BUNNING): name of the Senator from Arizona (Mr. GRASSLEY, Mr. INHOFE, Mr. KYL, Mr. S. 1323. A bill to prevent legislative and KYL) was added as a cosponsor of S. 276, LOTT, Mr. MARTINEZ, Mr. MCCAIN, regulatory functions from being usurped by a bill to strengthen the consequences Mr. MCCONNELL, Mr. ROBERTS, Mr. civil liability actions brought or continued of the fraudulent use of United States SESSIONS, Mr. THOMAS, Mr. VITTER, against food manufacturers, marketers, dis- or foreign passports and for other pur- and Mr. WARNER): tributors, advertisers, sellers, and trade as- poses. S. 1312. A bill to amend the National Labor sociations for claims of injury relating to a Relations Act to ensure the right of employ- person’s weight gain, obesity, or any health S. 309 ees to a secret-ballot election conducted by condition associated with weight gain or At the request of Mr. SANDERS, the the National Labor Relations Board; read obesity; to the Committee on the Judiciary. name of the Senator from Maryland the first time. By Mr. REID (for Mr. OBAMA (for him- (Ms. MIKULSKI) was added as a cospon- By Mr. FEINGOLD: self and Mr. HARKIN)): sor of S. 309, a bill to amend the Clean S. 1313. A bill to amend the S. 1324. A bill to amend the Clean Air Act Air Act to reduce emissions of carbon Servicemembers Civil Relief Act to provide to reduce greenhouse gas emissions from dioxide, and for other purposes. relief for servicemembers with respect to transportation fuel sold in the United contracts for cellular phone service, and for States; to the Committee on Environment S. 382 other purposes; to the Committee on Vet- and Public Works. At the request of Ms. COLLINS, the erans’ Affairs. f names of the Senator from New York By Mr. FEINGOLD (for himself and Mr. (Mrs. CLINTON) and the Senator from BURR): SUBMISSION OF CONCURRENT AND Pennsylvania (Mr. CASEY) were added S. 1314. A bill to amend title 38, United SENATE RESOLUTIONS as cosponsors of S. 382, a bill to amend States Code, to improve the outreach activi- The following concurrent resolutions ties of the Department of Veterans Affairs, the Public Health Service Act to estab- and for other purposes; to the Committee on and Senate resolutions were read, and lish a State family support grant pro- Veterans’ Affairs. referred (or acted upon), as indicated: gram to end the practice of parents By Mr. AKAKA: By Mr. REID (for himself and Mr. giving legal custody of their seriously S. 1315. A bill to amend title 38, United MCCONNELL): emotionally disturbed children to States Code, to enhance life insurance bene- S. Res. 189. A resolution to authorize testi- State agencies for the purpose of ob- fits for disabled veterans, and for other pur- mony and legal representation in District of poses; to the Committee on Veterans’ Af- Columbia v. Ellen E. Barfield, Eve-Leona taining mental health services for fairs. Tetaz, Jeffrey A. Leys, and Jerome A. those children. By Mrs. FEINSTEIN (for herself, Mr. Zawada; considered and agreed to. S. 392 DURBIN, and Mr. KENNEDY): By Mr. ROBERTS (for himself and Mr. At the request of Mr. BIDEN, the S. 1316. A bill to establish and clarify that BROWNBACK): name of the Senator from Ohio (Mr. Congress does not authorize persons con- S. Res. 190. A resolution expressing the VOINOVICH) was added as a cosponsor of victed of dangerous crimes in foreign courts condolences of the Nation to the community to freely possess firearms in the United of Greensburg, Kansas; considered and S. 392, a bill to ensure payment of States; to the Committee on the Judiciary. agreed to. United States assessments for United By Mr. SCHUMER (for himself, Mrs. By Mr. ALEXANDER (for himself, Mr. Nations peacekeeping operations for CLINTON, Mrs. BOXER, Mr. OBAMA, Mr. DODD, and Mr. KENNEDY): the 2005 through 2008 time period.

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5656 CONGRESSIONAL RECORD — SENATE May 7, 2007 S. 413 sor of S. 638, a bill to amend the Inter- nuclear program, and for other pur- At the request of Mrs. CLINTON, the nal Revenue Code of 1986 to provide for poses. name of the Senator from Georgia (Mr. collegiate housing and infrastructure S. 971 CHAMBLISS) was added as a cosponsor of grants. At the request of Mr. BOND, the name S. 413, a bill to amend the Bank Hold- S. 648 of the Senator from Minnesota (Mr. ing Company Act of 1956 and the Re- At the request of Mr. CHAMBLISS, the COLEMAN) was added as a cosponsor of vised Statutes of the United States to name of the Senator from Arkansas S. 971, a bill to establish the National prohibit financial holding companies (Mr. PRYOR) was added as a cosponsor Institute of Food and Agriculture, to and national banks from engaging, di- of S. 648, a bill to amend title 10, provide funding for the support of fun- rectly or indirectly, in real estate bro- United States Code, to reduce the eligi- damental agricultural research of the kerage or real estate management ac- bility age for receipt of non-regular highest quality, and for other purposes. tivities, and for other purposes. military service retired pay for mem- S. 1062 S. 430 bers of the Ready Reserve in active fed- At the request of Mr. DURBIN, the At the request of Mr. LEAHY, the eral status or on active duty for sig- name of the Senator from Georgia (Mr. name of the Senator from New York nificant periods. ISAKSON) was added as a cosponsor of S. (Mr. SCHUMER) was added as a cospon- S. 678 1062, a bill to establish a congressional sor of S. 430, a bill to amend title 10, At the request of Mrs. BOXER, the commemorative medal for organ do- United States Code, to enhance the na- name of the Senator from Washington nors and their families. tional defense through empowerment (Ms. CANTWELL) was added as a cospon- S. 1113 of the Chief of the National Guard Bu- sor of S. 678, a bill to amend title 49, At the request of Mr. BAYH, the reau and the enhancement of the func- United States Code, to ensure air pas- names of the Senator from Massachu- tions of the National Guard Bureau, sengers have access to necessary serv- setts (Mr. KENNEDY), the Senator from and for other purposes. ices while on a grounded air carrier and Massachusetts (Mr. KERRY), the Sen- S. 442 are not unnecessarily held on a ground- ator from Maryland (Ms. MIKULSKI), At the request of Mr. DURBIN, the ed air carrier before or after a flight, the Senator from Ohio (Mr. BROWN), name of the Senator from Hawaii (Mr. and for other purposes. the Senator from New Jersey (Mr. MENENDEZ), and the Senator from Min- INOUYE) was added as a cosponsor of S. S. 691 nesota (Ms. KLOBUCHAR), were added as 442, a bill to provide for loan repay- At the request of Mr. CONRAD, the cosponsors of S. 1113, a bill to facilitate ment for prosecutors and public defend- name of the Senator from New Jersey the provision of care and services for ers. (Mr. LAUTENBERG) was added as a co- members of the Armed Forces for trau- S. 502 sponsor of S. 691, a bill to amend title matic brain injury, and for other pur- At the request of Mr. CRAPO, the XVIII of the Social Security Act to imposes. name of the Senator from New Hamp- prove the benefits under the Medicare S. 1117 shire (Mr. GREGG) was added as a co- program for beneficiaries with kidney sponsor of S. 502, a bill to repeal the disease, and for other purposes. At the request of Mr. BOND, the name of the Senator from North Dakota (Mr. sunset on the reduction of capital gains S. 901 rates for individuals and on the tax- CONRAD) was added as a cosponsor of S. At the request of Mr. KENNEDY, the 1117, a bill to establish a grant program ation of dividends of individuals at cap- name of the Senator from Georgia (Mr. ital gains rates. to provide vision care to children, and ISAKSON) was added as a cosponsor of S. for other purposes. S. 579 901, a bill to amend the Public Health S. 1161 At the request of Mr. REID, the Service Act to provide additional au- At the request of Mr. CRAIG, the thorizations of appropriations for the names of the Senator from Ohio (Mr. name of the Senator from Mississippi BROWN) and the Senator from Con- health centers program under section (Mr. COCHRAN) was added as a cospon- IEBERMAN 330 of such Act. necticut (Mr. L ) were added sor of S. 1161, a bill to amend title as cosponsors of S. 579, a bill to amend S. 953 XVIII of the Social Security Act to au- the Public Health Service Act to au- At the request of Mr. ROCKEFELLER, thorize the expansion of medicare cov- thorize the Director of the National In- the name of the Senator from South erage of medical nutrition therapy stitute of Environmental Health Dakota (Mr. JOHNSON) was added as a services. Sciences to make grants for the devel- cosponsor of S. 953, a bill to amend S. 1164 opment and operation of research cen- title 49, United States Code, to ensure At the request of Mr. CARDIN, the ters regarding environmental factors competition in the rail industry, en- name of the Senator from Mississippi that may be related to the etiology of able rail customers to obtain reliable (Mr. COCHRAN) was added as a cospon- breast cancer. rail service, and provide those cus- sor of S. 1164, a bill to amend title S. 588 tomers with a reasonable process for XVIII of the Social Security Act to im- At the request of Mr. NELSON of Flor- challenging rate and service disputes. prove patient access to, and utilization ida, the names of the Senator from Ar- S. 961 of, the colorectal cancer screening ben- kansas (Mr. PRYOR) and the Senator At the request of Mr. NELSON of Ne- efit under the Medicare Program. INCOLN from Arkansas (Mrs. L ) were braska, the name of the Senator from S. 1233 added as cosponsors of S. 588, a bill to North Dakota (Mr. CONRAD) was added At the request of Mr. AKAKA, the amend title XVIII of the Social Secu- as a cosponsor of S. 961, a bill to amend name of the Senator from Pennsyl- rity Act to increase the Medicare caps title 46, United States Code, to provide vania (Mr. SPECTER) was added as a co- on graduate medical education posi- benefits to certain individuals who sponsor of S. 1233, a bill to provide and tions for States with a shortage of resi- served in the United States merchant enhance intervention, rehabilitative dents. marine (including the Army Transport treatment, and services to veterans S. 616 Service and the Naval Transport Serv- with traumatic brain injury, and for At the request of Ms. COLLINS, the ice) during World War II, and for other other purposes. name of the Senator from Nevada (Mr. purposes. S. 1237 ENSIGN) was added as a cosponsor of S. S. 970 At the request of Mr. LAUTENBERG, 616, a bill to promote health care cov- At the request of Mr. SMITH, the the name of the Senator from New erage parity for individuals partici- names of the Senator from Texas (Mr. York (Mrs. CLINTON) was added as a co- pating in legal recreational activities CORNYN), the Senator from Nevada (Mr. sponsor of S. 1237, a bill to increase or legal transportation activities. ENSIGN), and the Senator from Mon- public safety by permitting the Attor- S. 638 tana (Mr. TESTER), were added as co- ney General to deny the transfer of At the request of Mr. ROBERTS, the sponsors of S. 970, a bill to impose firearms or the issuance of firearms name of the Senator from Mississippi sanctions on Iran and on other coun- and explosives licenses to known or (Mr. COCHRAN) was added as a cospon- tries for assisting Iran in developing a suspected dangerous terrorists.

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5657 S. 1249 (Mr. CARDIN) was added as a cosponsor a home in the United States was esti- At the request of Mrs. FEINSTEIN, the of S. Res. 106, a resolution calling on mated by the Bureau of Census to be name of the Senator from Connecticut the President to ensure that the for- $250,000. My legislation would ensure (Mr. DODD) was added as a cosponsor of eign policy of the United States re- that this important benefit, which S. 1249, a bill to require the President flects appropriate understanding and helps secure the financial future of to close the Department of Defense de- sensitivity concerning issues related to many veterans and their families, tention facility at Guantanamo Bay, human rights, ethnic cleansing, and keeps pace with changes in the econ- Cuba, and for other purposes. genocide documented in the United omy. S. 1257 States record relating to the Armenian My bill would also establish a new At the request of Mr. LIEBERMAN, the Genocide. program of insurance for service-con- name of the Senator from Maryland S. RES. 171 nected disabled veterans that would (Ms. MIKULSKI) was added as a cospon- At the request of Ms. COLLINS, the provide up to a maximum of $50,000 in sor of S. 1257, a bill to provide the Dis- name of the Senator from Idaho (Mr. level premium term life insurance cov- trict of Columbia a voting seat and the CRAPO) was added as a cosponsor of S. erage. This new program would be State of Utah an additional seat in the Res. 171, a resolution memorializing available to service-connected disabled House of Representatives. fallen firefighters by lowering the veterans who are less than 65 years of S. 1263 United States flag to half-staff on the age at the time of application. At the request of Ms. CANTWELL, the day of the National Fallen Firefighter Under the new program, eligible serv- name of the Senator from Hawaii (Mr. Memorial Service in Emmitsburg, ice-connected veterans would be able INOUYE) was added as a cosponsor of S. Maryland. to purchase, in increments of $10,000, 1263, a bill to protect the welfare of AMENDMENT NO. 1009 up to a maximum amount of $50,000 in consumers by prohibiting price gouging At the request of Mr. HATCH, the insurance. Importantly, unlike existing with respect to gasoline and petroleum name of the Senator from Connecticut life insurance programs, the premium distillates during natural disasters and (Mr. DODD) was added as a cosponsor of rates for this program would be based abnormal market disruptions, and for amendment No. 1009 intended to be pro- on the 2001 Commissioners Standard other purposes. posed to S. 1082, a bill to amend the Ordinary Basic Table of Mortality S. 1276 Federal Food, Drug, and Cosmetic Act rather than the 1941 mortality table At the request of Mr. DURBIN, the to reauthorize and amend the prescrip- that the Service-Disabled Veterans In- name of the Senator from California tion drug user fee provisions, and for surance, S-DVI, program is based upon. (Mrs. FEINSTEIN) was added as a co- other purposes. When an insured veteran reaches age sponsor of S. 1276, a bill to establish a AMENDMENT NO. 1043 70, two things would occur under this grant program to facilitate the cre- new program of insurance. First, the At the request of Mr. REED, the name ation of methamphetamine precursor of the Senator from New York (Mrs. amount of insurance would be reduced electronic logbook systems, and for to 20 percent of the amount of insur- CLINTON) was added as a cosponsor of other purposes. amendment No. 1043 intended to be pro- ance in force prior to the veteran’s 70th S. 1305 posed to S. 1082, a bill to amend the birthday. Second, the veteran would At the request of Mr. COBURN, the Federal Food, Drug, and Cosmetic Act cease making premium payments. This names of the Senator from South Caro- to reauthorize and amend the prescrip- means that during those years where lina (Mr. DEMINT), the Senator from tion drug user fee provisions, and for the family’s financial obligations Wyoming (Mr. ENZI) and the Senator other purposes. would be commensurately higher be- from Arizona (Mr. KYL) were added as cause of children, mortgages, and the cosponsors of S. 1305, a bill making f potential impact of any loss of income, emergency war appropriations for STATEMENTS ON INTRODUCED the veteran’s family would be able to American troops overseas, without un- BILLS AND JOINT RESOLUTIONS purchase the maximum amount of necessary pork barrel spending and By Mr. AKAKA: term life insurance. At age 70, when re- without mandating surrender or re- S. 1315. A bill to amend title 38, sources are likely to be most restricted treat in Iraq, for the fiscal year ending United States Code, to enhance life in- and the need for substantial insurance September 30, 2007, and for other pur- surance benefits for disabled veterans, to take care of a family’s needs after poses. and for other purposes; to the Com- the veteran’s death have lessened, the S. CON. RES. 29 mittee on Veterans’ Affairs. veteran would no longer have an obli- At the request of Mr. NELSON of Flor- Mr. AKAKA. Mr. President, today I gation to continue to pay any insur- ida, the names of the Senator from introduce the Disabled Veterans Insur- ance premiums. Ohio (Mr. BROWN), the Senator from ance Improvement Act of 2007. My proposal provides that applica- New York (Mr. SCHUMER), the Senator The purpose of this legislation is to tion for this insurance would need to from Michigan (Ms. STABENOW), the make certain improvements in the in- be submitted by an eligible veteran Senator from Massachusetts (Mr. surance programs available to service- within 2 years from the date on which KERRY), the Senator from Tennessee connected disabled veterans. It has two VA establishes a service-connected dis- (Mr. CORKER) and the Senator from main components. ability to exist but not later than 10 Virginia (Mr. WARNER) were added as First, this legislation would increase years after a veteran’s release from ac- cosponsors of S. Con. Res. 29, a concur- the maximum amount of Veterans tive duty. It would further provide that rent resolution encouraging the rec- Mortgage Life Insurance, VMLI, that a during the first year of the program, ognition of the Negro Baseball Leagues service-connected disabled veteran any eligible veteran who is presently and their players on May 20th of each may purchase from the current max- insured under the S-DVI program could year. imum of $90,000 to $200,000. The VMLI convert that insurance to a policy S. RES. 30 program was established in 1971 and is under this new program. At the request of Mr. BIDEN, the available to those service-connected Both of the proposals contained in name of the Senator from Virginia (Mr. disabled veterans who have received the legislation I am introducing today WARNER) was added as a cosponsor of S. specially adapted housing grants from are compatible with the provisions of Res. 30, a resolution expressing the VA. In the event of the veteran’s death, S. 643, the proposed Disabled Veterans sense of the Senate regarding the need the veteran’s family is protected be- Insurance Act of 2007, which I intro- for the United States to address global cause the Department of Veterans Af- duced on February 15 of this year. climate change through the negotia- fairs will pay the balance of the mort- I ask unanimous consent that the tion of fair and effective international gage owed up to the maximum amount text of the bill be printed in the commitments. of insurance purchased. RECORD. S. RES. 106 The need for this increase is obvious There being no objection, the bill was At the request of Mr. DURBIN, the in today’s housing market where, dur- ordered to be printed in the RECORD, as name of the Senator from Maryland ing February, the median sale price of follows:

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5658 CONGRESSIONAL RECORD — SENATE May 7, 2007 S. 1315 tive costs have been paid) shall be paid from American crimes, cannot possess fire- Be it enacted by the Senate and House of Rep- appropriations to the fund. arms in the United States. resentatives of the United States of America in ‘‘(f) APPLICATION REQUIRED.—An eligible I imagine that most Americans may Congress assembled, veteran seeking insurance under this section be surprised, as I was, to learn that for- shall file with the Secretary an application SECTION 1. SHORT TITLE. eign felons actually have greater gun This Act may be cited as the ‘‘Disabled therefor. Such application shall be filed not later than the earlier of— rights than American citizens who Veterans Insurance Improvement Act of have been convicted of felonies and do- 2007’’. ‘‘(1) the end of the two-year period beginning on the date on which the Secretary no- mestic violence in our own courts. Our SEC. 2. ENHANCEMENT OF VETERANS’ MORT- GAGE LIFE INSURANCE. tifies the veteran that the veteran has a country has been trying to keep guns Section 2106(b) of title 38, United States service-connected disability; and out of the hands of criminals for at Code, is amended by striking ‘‘$90,000’’ and ‘‘(2) the end of the 10-year period beginning least the last 40 years, since the land- inserting ‘‘$200,000’’. on the date of the separation of the veteran mark Gun Control Act of 1968. Unfortu- from the Armed Forces, whichever is ear- SEC. 3. LEVEL-PREMIUM TERM LIFE INSURANCE lier.’’. nately, in 2005 the Supreme Court cre- FOR VETERANS WITH SERVICE-CON- ated a gaping loophole in this long- NECTED DISABILITIES. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 19 of standing felon-in-possession law. (a) IN GENERAL.—Chapter 19 of title 38, United States Code, is amended by inserting such title is amended by inserting after the That happened in the case of Small v. after section 1922A the following new sec- item related to section 1922A the following United States, where a majority of the tion: new item: Court essentially held that foreign con- ‘‘§ 1922B. Level-premium term life insurance ‘‘1922B. Level-premium term life insurance victions don’t count for the purpose of for veterans with service-connected disabil- for veterans with service-con- being a felon in possession of a firearm. ities nected disabilities.’’. This was not because the Justices (c) EXCHANGE OF SERVICE DISABLED VET- ‘‘(a) IN GENERAL.—In accordance with the somehow thought that exempting for- provisions of this section, the Secretary ERANS’ INSURANCE.—During the one-year pe- eign convictions from our felon-in-pos- shall grant insurance to each eligible vet- riod beginning on the date of the enactment session laws was wise public policy. In of this Act, any veteran insured under sec- eran who seeks such insurance against the fact, as Justice Thomas noted in his death of such veteran occurring while such tion 1922 of title 38, United States Code, who is eligible for insurance under section 1922B dissent, ‘‘the majority’s interpretation insurance is in force. permits those convicted overseas of ‘‘(b) ELIGIBLE VETERANS.—For purposes of of title 38, United States Code (as added by this section, an eligible veteran is any vet- subsection (a)), may exchange insurance cov- murder, rape, assault, kidnapping, ter- eran less than 65 years of age who has a serv- erage under such section 1922 for insurance rorism and other dangerous crimes to ice-connected disability. coverage under such section 1922B. possess firearms freely in the United ‘‘(c) AMOUNT OF INSURANCE.—(1) Subject to SEC. 4. ADMINISTRATIVE COSTS OF SERVICE DIS- States.’’ paragraph (2), the amount of insurance ABLED VETERANS’ INSURANCE. The problem in Small was that a ma- granted an eligible veteran under this sec- Section 1922(a) of title 38, United States jority of the Court felt that our 1968 tion shall be $50,000 or such lesser amount as Code, is amended by striking ‘‘date of such insurance’’ and inserting ‘‘date of such insur- law had not been written clearly the veteran shall elect. The amount of insur- enough. Although Congress had said ance so elected shall be evenly divisible by ance; (5) administrative costs to the Govern- $10,000. ment for the costs of the program of insur- that a person convicted of a felony ‘‘in ‘‘(2) The aggregate amount of insurance of ance under this section shall be paid from any court’’ could not possess a firearm, an eligible veteran under this section, sec- premiums credited to the fund under para- the majority said that this phrase, tion 1922 of this title, and section 1922A of graph (4), and payments for claims against ‘‘any court,’’ might have been meant to this title may not exceed $50,000. the fund under paragraph (4) for amounts in apply only to ‘‘any American court’’ ‘‘(d) REDUCED AMOUNT FOR VETERANS AGE excess of amounts credited to such fund rather than what the legislation actu- under that paragraph (after such administra- 70 OR OLDER.—In the case of a veteran in- ally said—‘‘any court.’’ sured under this section who turns age 70, tive costs have been paid) shall be paid from the amount of insurance of such veteran appropriations to the fund’’. The Federal felon-in-possession law under this section after the date such vet- SEC. 5. MODIFICATION OF SERVICEMEMBERS’ had already been applied to foreign fel- eran turns age 70 shall be the amount equal GROUP LIFE INSURANCE COVERAGE. ons in several prosecutions since 1968, to 20 percent of the amount of insurance of (a) EXPANSION OF SERVICEMEMBERS’ GROUP but the Court found unpersuasive both the veteran under this section as of the day LIFE INSURANCE TO INCLUDE CERTAIN MEM- this history and the statute’s express before such date. BERS OF INDIVIDUAL READY RESERVE.— language. Dissenting Justices Thomas, ‘‘(e) PREMIUMS.—(1) Premium rates for in- (1) IN GENERAL.—Paragraph (1)(C) of sec- Scalia and Kennedy accused the major- tion 1967(a) of title 38, United States Code, is surance under this section shall be based on ity of creating a novel canon of legal the 2001 Commissioners Standard Ordinary amended by striking ‘‘section 1965(5)(B) of Basic Table of Mortality and interest at the this title’’ and inserting ‘‘subparagraph (B) construction that will ‘‘wreak havoc’’ rate of 4.5 per centum per annum. or (C) of section 1965(5) of this title’’. with established rules of ‘‘(2) The amount of the premium charged a (2) CONFORMING AMENDMENT.—Paragraph extraterritorial construction. But veteran for insurance under this section may (5)(C) of such section 1967(a) is amended by whatever we may think of the Court’s not increase while such insurance is in force striking ‘‘section 1965(5)(B) of this title’’ and analysis, there is no doubt that the for such veteran. inserting ‘‘subparagraph (B) or (C) of section Small decision is now the law of the ‘‘(3) The Secretary may not charge a pre- 1965(5) of this title’’. land. And if we want to close this legal mium for insurance under this section for a (b) REDUCTION IN PERIOD OF COVERAGE FOR loophole, it is clear that we need to veteran as follows: DEPENDENTS AFTER MEMBER SEPARATES.— ‘‘(A) A veteran who has a service-con- Section 1968(a)(5)(B)(ii) of such title is pass some clarifying legislation. The nected disability rated as total and is eligi- amended by striking ‘‘120 days after’’. bill I introduce today would do just ble for a waiver of premiums under section that. 1912 of this title. By Mrs. FEINSTEIN (for herself, Under this bill, section 921 of Title 18, ‘‘(B) A veteran who is 70 years of age or Mr. DURBIN, and Mr. KENNEDY) the definitions section, would be older. S. 1316. A bill to establish and clarify amended to state clearly that ‘‘[t]he ‘‘(4) Insurance granted under this section that Congress does not authorize per- term ‘any court’ includes any Federal, shall be on a nonparticipating basis and all sons convicted of dangerous crimes in State, or foreign court.’’ Similar premiums and other collections therefor shall be credited directly to a revolving fund foreign courts to freely possess fire- changes would be made in other sec- in the Treasury of the United States, and arms in the United States; to the Com- tions of the Gun Control Act, where any payments on such insurance shall be mittee on the Judiciary. there are references to ‘‘state offenses’’ made directly from such fund. Appropria- Mrs. FEINSTEIN. Mr. President, or ‘‘offenses under state law, the bill tions to such fund are hereby authorized. today I am pleased to join with Sen- would expand these terms to include ‘‘(5) Administrative costs to the Govern- ators DURBIN and KENNEDY in intro- convictions of foreign offenses and of- ment for the costs of the program of insur- ducing the Firearms by Foreign Con- fenses under foreign law. ance under this section shall be paid from victs Clarification Act. This bill would In other words, the bill would make premiums credited to the fund under paragraph (4), and payments for claims against close a loophole that exists in current clear that if someone is convicted in a the fund under paragraph (4) for amounts in law, by stating that people convicted of foreign court of an offense that would excess of amounts credited to such fund foreign felonies and domestic violence, have disqualified him from possessing a under that paragraph (after such administra- just like people convicted of similar gun if that conviction had been handed

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5659 down in the U.S., the same laws relat- ‘‘(36) The term ‘any court’ includes any Thank you for allowing me this oping to gun possession will be applied. Federal, State, or foreign court.’’. portunity to share with you the impor- The only exception will be if there is (b) EXCLUSION OF CERTAIN FELONIES.—Sec- tance of this legislation. reason to think the conviction entered tion 921(a)(20) of title 18, United States Code, I ask unanimous consent that the by the foreign jurisdiction is somehow is amended— text of the bill be printed in the (1) in subparagraph (A), by striking ‘‘any invalid. Federal or State offenses’’ and inserting RECORD. In that situation, this bill would cre- ‘‘any Federal, State, or foreign offenses’’; There being no objection, the text of ate an exemption, allowing a person (2) in subparagraph (B), by striking ‘‘any the bill was ordered to be printed in convicted in a foreign jurisdiction to State offense classified by the laws of the the RECORD, as follows: challenge its validity. Under the bill, a State’’ and inserting ‘‘any State or foreign S. 1319 foreign conviction will not constitute a offense classified by the laws of that juris- Be it enacted by the Senate and House of Rep- ‘‘conviction’’ for purposes of the felon- diction’’; and resentatives of the United States of America in in-possession laws, if the foreign con- (3) in the matter following subparagraph Congress assembled, (B), in the first sentence, by inserting before viction either (1) resulted from a denial SECTION 1. CONVERSION OF TEMPORARY of fundamental fairness that would vio- the period the following: ‘‘, except that a for- JUDGESHIP TO PERMANENT JUDGE- late due process if committed in the eign conviction shall not constitute a con- SHIP FOR THE DISTRICT OF HAWAII. viction of such a crime if the convicted per- (a) IN GENERAL.—The existing judgeship for United States, or (2) if the conduct on son establishes that the foreign conviction which the foreign conviction was based the district of Hawaii authorized by section resulted from a denial of fundamental fair- 203(c) of the Judicial Improvements Act of would be legal if committed in the ness that would violate due process if com- 1990 (28 U.S.C. 133 note; Public Law 101–650; United States. mitted in the United States or from conduct 104 Stat. 5089) shall, as of the date of enact- I expect that these circumstances that would be legal if committed in the ment of this Act, be authorized under section will be fairly rare, but the bill does United States’’. 133 of title 28, United States Code, and the take them into account and will pro- (c) DOMESTIC VIOLENCE CRIMES.—Section incumbent in that office shall hold the office vide a complete defense to anyone with 921(a)(33) of title 18, United States Code, is under section 133 of title 28, United States an invalid foreign conviction. And in amended— Code, as amended by this Act. any event, it is clear that we should (1) in subparagraph (A), by striking ‘‘sub- (b) TABLES.—In order that the table con- not keep in place a policy in which the paragraph (C)’’ and inserting ‘‘subparagraph tained in section 133(a) of title 28, United tail wags the dog. The current state of (B)’’; and States Code, will reflect the change in the (2) in subparagraph (B)(ii), by striking ‘‘if the law is that we essentially treat total number of permanent district judge- the conviction has’’ and inserting the fol- ships authorized as a result of subsection (a) every foreign conviction as invalid. lowing: ‘‘if the conviction— of this section, the item relating to Hawaii is And that is simply illogical. ‘‘(I) occurred in a foreign jurisdiction and amended to read as follows: An example of why we need to fix the convicted person establishes that the for- ‘‘Hawaii ...... 4’’. this law occurred in 2001, when U.S. eign conviction resulted from a denial of fun- agents with bulletproof vests raided damental fairness that would violate due Mr. AKAKA. Mr. President, I rise the New York hotel room of suspect process if committed in the United States or today with my colleague from Hawaii, Rohan Ingram. Ingram was found with from conduct that would be legal if com- Senator DANIEL INOUYE, to introduce 13 firearms and had an extensive crimi- mitted in the United States; or legislation to convert a temporary nal background, including at least 18 ‘‘(II) has’’. judgeship for the U.S. District Court convictions for crimes such as assault SEC. 3. PENALTIES. for the District of Hawaii to a perma- and use of firearms during crimes. Law Section 924(e)(2)(A)(ii) of title 18, United nent position. enforcement had flagged him as States Code, is amended— There are currently 3 permanent Fed- (1) by striking ‘‘an offense under State eral judgeships and one temporary Fed- ‘‘armed and dangerous.’’ But because law’’ and inserting ‘‘an offense under State all of his convictions had occurred in eral judgeship in the U.S. District or foreign law’’; and Court, District of Hawaii. The Judicial foreign courts, his felon-in-possession (2) by inserting before the semicolon the charge was eventually thrown out of following: ‘‘, except that a foreign conviction Improvement Act of 1990, P.L. 101–650 court. That is simply not a tolerable shall not constitute a conviction of such a created the temporary position and state of affairs in a post- 9/11 world. crime if the convicted person establishes mandates that the first vacancy occur- Particularly in these times, America that the foreign conviction resulted from a ring in Hawaii after October 2004 can- cannot continue to give foreign-con- denial of fundamental fairness that would not be filled. The District of Hawaii victed murderers, rapists and even ter- violate due process if committed in the will be left with only 3 Federal judge rorists an unlimited right to buy fire- United States or from conduct that would be positions upon a judge vacating his or legal if committed in the United States’’. arms in the United States, including her position. The loss of a judgeship will severely impact Hawaii’s judicial even assault weapons that they might By Mr. INOUYE (for himself and system. try to send to colleagues abroad, or use Mr. AKAKA): to develop a cache of weapons to use to In March 2007, the Judicial Con- S. 1319. A bill to provide for the conference recommended that Congress kill our citizens within the United version of a temporary judgeship for States. American citizens convicted of convert 5 temporary judgeships, one of the district of Hawaii to a permanent identical crimes at home are denied which is in the District of Hawaii, to judgeship; to the Committee on the Ju- the ability to buy and possess such permanent status. Their recommenda- diciary. firearms, and the time has come to fix tion is largely based on the significant this loophole so that foreign convicts Mr. INOUYE. Mr. President, I rise increase in weighted filings that would are placed in the same category. today to support this bill addressing occur if a judgeship is lost. The Con- I urge my colleagues to support this the need for a fourth permanent judge- ference projects that the current legislation. I ask unanimous consent ship for the District of Hawaii. weighted filing of 380 per judgeship that the text of the bill be printed in Hawaii currently has four active Dis- would climb to 507 per judgeship, which the RECORD. trict Court judges. However, if any of is 18 percent above the Conference There being no objection, the bill was its four active judges either accepts standard, should the District of Hawaii ordered to be printed in the RECORD, as senior status and retires, or becomes lose a judgeship. follows: otherwise unable to serve, the District In addition, the Conference reported S. 1316 of Hawaii will not be able to replace that the median time from filing to Be it enacted by the Senate and House of Rep- that vacancy with another active disposition for criminal cases in Ha- resentatives of the United States of America in judge. This will pose a problem for not waii has continued to increase from Congress assembled, only the active judges, as their work- 1999 to 2005, making Hawaii’s case proc- SECTION 1. SHORT TITLE. load will increase, but also for the pub- essing times the second slowest in the This Act may be cited as the ‘‘Firearms by lic because an unfilled vacancy may nation. Since 2001, the District Court of Foreign Convicts Clarification Act of 2007’’. have a disastrous effect on our court’s Hawaii has completed an average of 50 SEC. 2. DEFINITIONS. (a) COURTS.—Section 921(a) of title 18, caseloads. This bill ensures the contin- trials per year, significantly less than United States Code, is amended by adding at ued efficiency of Hawaii’s District the national average. Although Hawaii the end the following: court system. has 4 judgeships, 2 are senior judges

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5660 CONGRESSIONAL RECORD — SENATE May 7, 2007 who only handle a small number of tion with the bill I introduced earlier Leona Tetaz (Cr. No. 07–3144), Jeffrey A. Leys civil cases. The limited assistance pro- this year to raise fuel efficiency stand- (Cr. No. 07–5009), and Jerome A. Zawada (Cr. vided by these senior judges is likely to ards, the NLCFS would reduce green- No. 07–5088), pending in the Superior Court for the District of Columbia, testimony has decline further in the near future. house gas emissions by about 530 mil- been requested from Katie Landi, an em- These judges are not able to retire due lion metric tons in 2020, the equivalent ployee in the office of Senator John McCain; to the constraints put forth by the loss of taking over 50 million cars off the Whereas, pursuant to sections 703(a) and of the temporary judgeship seat, should road. 704(a)(2) of the Ethics in Government Act of one of the current judges decide to The effect on our oil imports would 1978, 2 U.S.C. 288b(a) and 288c(a)(2), the Sen- leave. Furthermore, receiving assist- also be dramatic. By making greater ate may direct its counsel to represent employees of the Senate with respect to any ance from visiting judges is made dif- use of home-grown, renewable fuels, subpoena, order, or request for testimony re- ficult by the high cost of travel to Ha- the NLCFS could reduce the annual lating to their official responsibilities; waii. For these, and many other rea- consumption of gasoline derived from Whereas, by the privileges of the Senate of sons, the Judicial Council of the Ninth foreign oil imports by about 30 billion the United States and Rule XI of the Stand- Circuit supports the Judicial Con- gallons in 2020. ing Rules of the Senate, no evidence under ference’s recommendation to convert The NLCFS will greatly expand the the control or in the possession of the Senate may, by the judicial or administrative proc- this temporary judgeship to a perma- market for domestic renewable fuels ess, be taken from such control or possession nent position. such as corn-based ethanol, cellulosic but by permission of the Senate; I share the concern of many in Ha- ethanol, and biodiesel. By one esti- Whereas, when it appears that evidence waii’s legal community that the lack mate, the NLCFS will create a market under the control or in the possession of the of a fourth permanent position will for over 40 billion gallons of biofuels by Senate may promote the administration of delay the timely issuance of justice in 2020. To provide near-term demand cer- justice, the Senate will take such action as will promote the ends of justice consistent matters pending before the U.S. Dis- tainty for renewable fuel producers, with the privileges of the Senate: Now, trict Court, District of Hawaii. This is the bill expands the Renewable Fuel therefore, be it a disservice to all. The economic im- Standard established in the Energy Resolved, That Katie Landi and any other pact of extending trials and prolonging Policy Act of 2005 to require 15 billion employees of Senator McCain’s office from time spent in jail will burden Hawaii’s gallons of renewable fuel by 2012. whom testimony may be required are au- taxpayers. Moreover, the lack of time- The bill also contains a minimum re- thorized to testify in the cases of District of quirement for fuels with lifecycle Columbia v. Ellen E. Barfield, Eve-Leona ly judicial review will have negative Tetaz, Jeffrey A. Leys, and Jerome A. social impacts by prolonging the dis- greenhouse gas emissions that are 50 Zawada, except concerning matters for ruption in individuals’ families and and 75 percent lower than gasoline. which a privilege should be asserted. lives. The bill we introduce today This requirement signals to investors SEC. 2. The Senate Legal Counsel is author- would ensure 4 Federal judgeships re- that there will be a market for ad- ized to represent Katie Landi and other em- main active in Hawaii to address the vanced fuels with ultra-low carbon ployees of Senator McCain’s staff in the ac- emissions, but still allows significant tions referenced in section one of this resolu- needs of the District Court of Hawaii tion. and the people of Hawaii. leeway for fuel blenders to choose the optimal mix of fuels to meet their f By Mr. REID (for Mr. OBAMA (for overall greenhouse gas emissions tar- SENATE RESOLUTION 190—EX- himself and Mr. HARKIN)): gets. PRESSING THE CONDOLENCES OF S. 1324. A bill to amend the Clean Air Because the NLCFS will encourage a THE NATION TO THE COMMU- Act to reduce greenhouse gas emissions rapid expansion of our domestic renew- NITY OF GREENSBURG, KANSAS from transportation fuel sold in the able fuels production capacity, the bill Mr. ROBERTS (for himself and Mr. United States; to the Committee on contains provisions that protect sen- BROWNBACK) submitted the following Environment and Public Works. sitive areas like national wildlife ref- resolution, which was considered and Mr. OBAMA. Mr. President, we heard uges, national parks, old-growth for- agreed to: from a panel of top climate change ex- ests, national grasslands, and national S. RES. 190 perts from around the world earlier forests. The bill calls for an assessment Whereas, on Friday, May 4, 2007, a tornado this year that global warming is a cer- of the impacts of the expansion com- struck the community of Greensburg, Kan- tainty and that most of the tempera- pared to the business-as-usual scenario sas; ture increase is very likely due to ris- of continued reliance on petroleum- Whereas this tornado was classified as an ing greenhouse gas concentrations. Re- based transportation fuels, and the de- EF-5, the strongest possible type, by the Na- ducing America’s dependence on oil velopment of standards by 2012 to pro- tional Weather Service, with winds esti- should be one of our top priorities, but mated at 205 miles per hour; tect air, land, and water quality. This Whereas the tornado is the first EF-5 on any policy that affects our production approach strikes a balance between the and consumption of fuel must also ad- the Enhanced Fujita scale, and the first F-5 need to rapidly expand our domestic re- on the previous scale since 1999; dress the pressing problem of global newable fuel production capacity and Whereas approximately 95 percent of warming. Because the oil used in the the need to ensure sustainability and Greensburg is destroyed; U.S. transportation sector accounts for environmental protection. I urge my Whereas 1,500 residents have been displaced about one-third of our nation’s emis- colleagues to support the National from their homes; and sions of greenhouse gases, we must Low-Carbon Fuel Standard Act. Whereas, in response to the declaration by adopt a policy that curtails these emis- the President of a major disaster, the Ad- f sions in an effective manner. ministrator of the Federal Emergency Man- SUBMITTED RESOLUTIONS agement Agency has made Federal disaster Today, along with Senator HARKIN, I assistance available for the State of Kansas am introducing the National Low-Car- to assist in local recovery efforts: Now, bon Fuel Standard Act of 2007, which therefore, be it calls for a reduction in the lifecycle SENATE RESOLUTION 189—TO AU- Resolved, That the Senate expresses the greenhouse gas emissions of the trans- THORIZE TESTIMONY AND condolences of the Nation to the community portation fuels sold in the U.S. of 5 per- LEGAL REPRESENTATION IN DIS- of Greensburg, Kansas, and its gratitude to local, State, and National law enforcement cent in 2015 and 10 percent in 2020. TRICT OF COLUMBIA V. ELLEN E. BARFIELD, EVE-LEONA and emergency responders conducting search These reductions can play an impor- and rescue operations. tant role in stemming the dangerous TETAZ, JEFFREY A. LEYS, AND f transformation of our climate. JEROME A. ZAWADA According to one estimate, the Na- Mr. REID (for himself and Mr. SENATE CONCURRENT RESOLU- tional Low-Carbon Fuel Standard, MCCONNELL) submitted the following TION 33—RECOGNIZING THE BEN- NLCFS, would reduce annual green- resolution; which was considered and EFITS AND IMPORTANCE OF house gas emissions by about 180 mil- agreed to: SCHOOL-BASED MUSIC EDU- lion metric tons in 2020. This is the S. RES. 189 CATION equivalent of taking over 30 million Whereas, in the cases of District of Colum- Mr. ALEXANDER (for himself, Mr. cars off the road. If enacted in conjunc- bia v. Ellen E. Barfield (Cr. No. 07–3133), Eve- DODD, and Mr. KENNEDY) submitted the

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5661 following concurrent resolution, which SA 1054. Mr. FEINGOLD submitted an ‘‘(i) IN GENERAL.—With respect to a pend- was referred to the Committee on amendment intended to be proposed by him ing application submitted under subsection Health, Education, Labor, and Pen- to the bill S. 1082, supra; which was ordered (b)(2) or (j), if a petition is submitted to the to lie on the table. Secretary that seeks to have the Secretary sions: SA 1055. Mr. LEVIN submitted an amend- take, or refrain from taking, any form of ac- S. CON. RES. 33 ment intended to be proposed by him to the tion relating to the approval of the applica- Whereas school music programs enhance bill S. 1082, supra; which was ordered to lie tion, including a delay in the effective date intellectual development and enrich the aca- on the table. of the application, clauses (ii) and (iii) shall demic environment for students of all ages; SA 1056. Mr. REED (for himself and Mr. apply. Whereas students who participate in school ISAKSON) submitted an amendment intended ‘‘(ii) NO DELAY OF CONSIDERATION OR AP- music programs are less likely to be involved to be proposed by him to the bill S. 1082, PROVAL.—Except as provided in clause (iii), with drugs, gangs, or alcohol, and have bet- supra; which was ordered to lie on the table. the receipt and consideration of a petition ter attendance in school; SA 1057. Mr. GREGG submitted an amend- described in clause (i) shall not delay consid- Whereas the skills gained through sequen- ment intended to be proposed by him to the eration or approval of an application sub- tial music instruction, including discipline bill S. 1082, supra; which was ordered to lie mitted under subsection (b)(2) or (j). and the ability to analyze, solve problems, on the table. ‘‘(iii) NO DELAY OF APPROVAL WITHOUT DE- communicate, and work cooperatively, are SA 1058. Mr. DEMINT (for himself, Mr. TERMINATION.—The Secretary shall not delay vital for success in the 21st century work- COBURN, and Mr. MARTINEZ) submitted an approval of an application submitted under place; amendment intended to be proposed by him subsection (b)(2) or (j) while a petition de- Whereas the majority of students attend- to the bill S. 1082, supra; which was ordered scribed in clause (i) is reviewed and consid- ing public schools in inner city neighbor- to lie on the table. ered unless the Secretary determines, not hoods have virtually no access to music edu- SA 1059. Mr. SESSIONS (for himself, Mrs. later than 25 business days after the submis- cation, which places them at a disadvantage LINCOLN, Mr. COCHRAN, Mr. PRYOR, Mr. LOTT, sion of the petition, that a delay is necessary compared to their peers in other commu- and Mr. SHELBY) submitted an amendment to protect the public health. nities; intended to be proposed by him to the bill S. ‘‘(B) DETERMINATION OF DELAY.—With re- Whereas the arts are a core academic sub- 1082, supra; which was ordered to lie on the spect to a determination by the Secretary ject, and music is an essential element of the table. under subparagraph (A)(iii) that a delay is SA 1060. Mr. HATCH (for himself and Mr. arts; and necessary to protect the public health the KENNEDY) submitted an amendment intended Whereas every student in the United following shall apply: to be proposed by him to the bill S. 1082, States should have an opportunity to reap ‘‘(i) Not later than 5 days after making supra; which was ordered to lie on the table. the benefits of music education: Now, there- such determination, the Secretary shall pub- fore, be it f lish on the Internet website of the Food and Drug Administration a detailed statement Resolved by the Senate (the House of Rep- TEXT OF AMENDMENTS resentatives concurring), That it is the sense providing the reasons underlying the deter- of Congress that music education grounded SA 1045. Mr. REID (for Mr. OBAMA) mination. The detailed statement shall in- in rigorous instruction is an important com- submitted an amendment intended to clude a summary of the petition and component of a well-rounded academic cur- be proposed by Mr. Reid to the bill S. ments and supplements, the specific substantive issues that the petition raises which riculum and should be available to every stu- 1082, to amend the Federal Food, Drug, dent in every school in the United States. need to be considered prior to approving a and Cosmetic Act to reauthorize and pending application submitted under sub- f amend the prescription drug user fee section (b)(2) or (j), and any clarifications AMENDMENTS SUBMITTED AND provisions, and for other purposes; and additional data that is needed by the PROPOSED which was ordered to lie on the table; Secretary to promptly review the petition. as follows: ‘‘(ii) Not later than 10 days after making SA 1045. Mr. REID (for Mr. OBAMA) sub- such determination, the Secretary shall pro- At the appropriate place, insert the fol- mitted an amendment intended to be provide notice to the sponsor of the pending ap- lowing: posed by Mr. REID to the bill S. 1082, to plication submitted under subsection (b)(2) amend the Federal Food, Drug, and Cosmetic SEC. ll. IMPROVING GENETIC TEST SAFETY or (j) and provide an opportunity for a meet- AND QUALITY. Act to reauthorize and amend the prescrip- ing with appropriate staff as determined by Not later than 30 days after the date of en- tion drug user fee provisions, and for other the Commissioner to discuss the determina- actment of this Act, the Secretary shall purposes; which was ordered to lie on the tion. enter into a contract with the Institute of table. ‘‘(2) TIMING OF FINAL AGENCY ACTION ON PE- Medicine to conduct a study to assess the SA 1046. Ms. STABENOW (for herself, Mr. TITIONS.— overall safety and quality of genetic tests KOHL, Mr. HATCH, and Mr. COBURN) sub- ‘‘(A) IN GENERAL.—Notwithstanding a de- and prepare a report that includes rec- mitted an amendment intended to be pro- termination made by the Secretary under ommendations to improve Federal oversight posed by her to the bill S. 1082, supra; which paragraph (1)(A)(iii), the Secretary shall and regulation of genetic tests. Such study was ordered to lie on the table. take final agency action with respect to a shall take into consideration relevant re- SA 1047. Mr. ROBERTS (for himself, Mr. petition not later than 180 days of submis- ports by the Secretary’s Advisory Com- HARKIN, Mr. BURR, and Mr. COBURN) sub- sion of that petition unless the Secretary de- mittee on Genetic Testing and other groups mitted an amendment intended to be pro- termines, prior to the date that is 180 days and shall be completed not later than 1 year posed by him to the bill S. 1082, supra; which after the date of submission of the petition, after the date on which the Secretary en- was ordered to lie on the table. that a delay is necessary to protect the pub- SA 1048. Ms. SNOWE submitted an amend- tered into such contract. lic health. ment intended to be proposed by her to the ‘‘(B) DETERMINATION OF DELAY.—With re- bill S. 1082, supra; which was ordered to lie SA 1046. Ms. STABENOW (for herself, spect to a determination by the Secretary on the table. Mr. KOHL, Mr. HATCH, and Mr. COBURN) under subparagraph (A) that a delay is nec- SA 1049. Mr. ENZI (for himself and Mr. submitted an amendment intended to essary to protect the public health the fol- KENNEDY) submitted an amendment intended be proposed by her to the bill S. 1082, to lowing shall apply: to be proposed by him to the bill S. 1082, amend the Federal Food, Drug, and ‘‘(i) Not later than 5 days after making the supra; which was ordered to lie on the table. Cosmetic Act to reauthorize and amend determination under subparagraph (A), the Secretary shall publish on the Internet SA 1050. Mr. ENZI (for himself and Mr. the prescription drug user fee provi- KENNEDY) submitted an amendment intended website of the Food and Drug Administra- to be proposed by him to the bill S. 1082, sions, and for other purposes; which tion a detailed statement providing the rea- supra; which was ordered to lie on the table. was ordered to lie on the table; as fol- sons underlying the determination. The de- SA 1051. Mr. STEVENS (for himself and lows: tailed statement should include the state of Ms. MURKOWSKI) submitted an amendment At the appropriate place, insert the fol- the review of the petition, the specific out- intended to be proposed by him to the bill S. lowing: standing issues that still need to be resolved, 1082, supra; which was ordered to lie on the SEC. ll. CITIZENS PETITIONS AND PETITIONS a proposed timeframe to resolve the issues, table. FOR STAY OF AGENCY ACTION. and any additional information that has SA 1052. Mr. CORKER submitted an amend- Section 505 of the Federal Food, Drug, and been requested by the Secretary of the peti- ment intended to be proposed by him to the Cosmetic Act (21 U.S.C. 355), as amended by tioner or needed by the Secretary in order to bill S. 1082, supra; which was ordered to lie this Act, is amended by adding at the end resolve the petition and not further delay an on the table. the following: application filed under subsection (b)(2) or SA 1053. Mr. ENZI (for himself, Mr. KEN- ‘‘(s) CITIZEN PETITIONS AND PETITIONS FOR (j). NEDY, Mr. DODD, and Mrs. CLINTON) sub- STAY OF AGENCY ACTION.— ‘‘(ii) Not later than 10 days after making mitted an amendment intended to be pro- ‘‘(1) IN GENERAL.— the determination under subparagraph (A), posed by him to the bill S. 1082, supra; which ‘‘(A) NO DELAY OF CONSIDERATION OR AP- the Secretary shall provide notice to the was ordered to lie on the table. PROVAL.— sponsor of the pending application submitted

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under subsection (b)(2) or (j) and provide an ‘‘(7) DEFINITION.—For purposes of this sub- penalized under this paragraph any time in opportunity for a meeting with appropriate section, the term ‘petition’ includes any re- the preceding 3-year period. For the purposes staff as determined by the Commissioner to quest for an action described in paragraph of this paragraph, repeated dissemination of discuss the determination. (1)(A)(i) to the Secretary, without regard to the same or similar advertisement prior to ‘‘(3) VERIFICATIONS.— whether the request is characterized as a pe- the receipt of the written notice referred to ‘‘(A) PETITIONS FOR REVIEW.—The Sec- tition.’’. in paragraph (2) for such advertisements retary shall not accept a petition for review shall be considered as 1 violation. unless it is signed and contains the following SA 1047. Mr. ROBERTS (for himself, ‘‘(2) A civil penalty under paragraph (1) shall be assessed by the Secretary by an verification: ‘I certify that, to my best Mr. HARKIN, Mr. BURR, and Mr. knowledge and belief: (a) this petition in- order made on the record after providing COBURN) submitted an amendment includes all information and views upon which written notice to the applicant to be as- the petition relies; (b) this petition includes tended to be proposed by him to the sessed a civil penalty and an opportunity for representative data and/or information bill S. 1082, to amend the Federal Food, a hearing in accordance with this paragraph known to the petitioner which are unfavor- Drug, and Cosmetic Act to reauthorize and section 554 of title 5, United States Code. able to the petition; and (c) information and amend the prescription drug user If upon receipt of the written notice, the ap- upon which I have based the action requested fee provisions, and for other purposes; plicant to be assessed a civil penalty objects herein first became known to the party on which was ordered to lie on the table; and requests a hearing, then in the course of any investigation related to such hearing, whose behalf this petition is filed on or as follows: about llllllllll. I received or ex- the Secretary may issue subpoenas requiring pect to receive payments, including cash and Strike subparagraphs (E) and (F) of section the attendance and testimony of witnesses other forms of consideration, from the fol- 505(o)(5) of the Federal Food, Drug, and Cos- and the production of evidence that relates lowing persons or organizations to file this metic Act, as added by this Act, and insert to the matter under investigation, including petition: llllllll. I verify under pen- the following: information pertaining to the factors de- alty of perjury that the foregoing is true and ‘‘(E) SPECIFIC DISCLOSURES.— scribed in paragraph (3). correct.’, with the date of the filing of such ‘‘(i) SERIOUS RISK; SAFETY PROTOCOL.—If ‘‘(3) Upon the request of the applicant to be petition and the signature of the petitioner the Secretary determines that advertise- assessed a civil penalty, the Secretary, in de- inserted in the first and second blank space, ments lacking a specific disclosure about a termining the amount of a civil penalty, respectively. serious risk listed in the labeling of a drug or shall take into account the nature, cir- ‘‘(B) SUPPLEMENTAL INFORMATION.—The about a protocol to ensure safe use described cumstances, extent, and gravity of the viola- Secretary shall not accept for review any in the labeling of the drug would be false or tion or violations, including the following supplemental information or comments on a misleading, the risk evaluation and mitiga- factors: petition unless the party submitting such in- tion strategy for the drug may require that ‘‘(A) Whether the applicant submitted the formation or comments does so in written the applicant include in advertisements of advertisement or a similar advertisement for form and that the subject document is signed the drug such disclosure. review under section 736A. and contains the following verification: ‘I ‘‘(ii) DATE OF APPROVAL.—If the Secretary ‘‘(B) Whether the applicant submitted the certify that, to my best knowledge and be- determines that advertisements lacking a advertisement for prereview if required lief: (a) I have not intentionally delayed sub- specific disclosure of the date a drug was ap- under section 505(o)(5)(D). mission of this document or its contents; and proved and disclosure of a serious risk would ‘‘(C) Whether, after submission of the ad- (b) the information upon which I have based be false or misleading, the risk evaluation vertisement as described in subparagraph (A) the action requested herein first became and mitigation strategy for the drug may re- or (B), the applicant disseminated the adver- known to me on or about llllllllll. quire that the applicant include in advertise- tisement before the end of the 45-day com- I received or expect to receive payments, in- ments of the drug such disclosure. ment period. cluding cash and other forms of consider- ‘‘(iii) SPECIFICATION OF ADVERTISEMENTS.— ‘‘(D) Whether the applicant failed to incor- ation, from the following persons or organi- The Secretary may specify the advertise- porate any comments made by the Secretary zations to submit this information or its ments required to include a specific disclo- with regard to the advertisement or a simi- contents: lllll. I verify under penalty of sure under clause (i) or (ii). lar advertisement into the advertisement perjury that the foregoing is true and cor- ‘‘(iv) REQUIRED SAFETY SURVEILLANCE.—If prior to its dissemination. rect.’, with the date of the submission of the approved risk evaluation and mitigation ‘‘(E) Whether the applicant ceased dis- such document and the signature of the peti- strategy for a drug requires the specific distribution of the advertisement upon receipt tioner inserted in the first and second blank closure under clause (ii), the Secretary of the written notice referred to in para- space, respectively. shall— graph (2) for such advertisement. ‘‘(4) ANNUAL REPORT ON DELAYS IN APPROV- ‘‘(I) consider identifying and assessing all ‘‘(F) Whether the applicant had the adver- ALS PER PETITION.—The Secretary shall an- serious risks of using the drug to be a pri- tisement reviewed by qualified medical, reg- nually submit to the Congress a report that ority safety question under subsection ulatory, and legal reviewers prior to its dis- specifies— (k)(3)(B); semination. ‘‘(A) the number of applications under sub- ‘‘(II) not less frequently than every 3 ‘‘(G) Whether the violations were material. section (b)(2) and (j) that were approved dur- months, evaluate the reports under sub- ‘‘(H) Whether the applicant who created ing the preceding 1-year period; section (k)(1) and the routine active surveil- the advertisement acted in good faith. ‘‘(B) the number of petitions that were sub- lance as available under subsection (k)(3) ‘‘(I) Whether the applicant who created the mitted during such period; with respect to such priority drug safety advertisement has been assessed a civil pen- ‘‘(C) the number of applications whose ef- question to determine whether serious risks alty under this provision within the previous fective dates were delayed by petitions dur- that might occur among patients expected to 1-year period. ing such period and the number of days by be treated with the drug have been ade- ‘‘(J) The scope and extent of any vol- which the applications were so delayed; and quately identified and assessed; untary, subsequent remedial action by the ‘‘(D) the number of petitions that were ‘‘(III) remove such specific disclosure re- applicant. filed under this subsection that were deemed quirement as an element of such strategy if ‘‘(K) Such other matters, as justice may by the Secretary under paragraph (1)(A)(iii) such serious risks have been adequately require. to require delaying an application under sub- identified and assessed; and ‘‘(4)(A) Subject to subparagraph (B), no ap- section (b)(2) or (j) and the number of days ‘‘(IV) consider whether a specific disclo- plicant shall be required to pay a civil pen- by which the applications were so delayed. sure under clause (i) should be required. alty under paragraph (1) if the applicant sub- ‘‘(5) EXCEPTION.—This subsection does not On page 101, strike lines 7 through 9. mitted the advertisement to the Secretary apply to a petition that is made by the spon- At the end of the bill, add the following: and disseminated such advertisement after sor of the application under subsection (b)(2) SEC. ll. CIVIL PENALTIES; DIRECT-TO-CON- incorporating any comment received from or (j) and that seeks only to have the Sec- SUMER ADVERTISEMENT. the Secretary. retary take or refrain from taking any form (a) CIVIL PENALTIES.—Section 303 of the ‘‘(B) The Secretary may retract or modify of action with respect to that application. Federal Food, Drug, and Cosmetic Act (21 any prior comments the Secretary has pro- ‘‘(6) REPORT BY INSPECTOR GENERAL.—The U.S.C. 333) is amended by adding at the end vided to an advertisement submitted to the Office of Inspector General of the Depart- the following: Secretary based on new information or ment of Health and Human Services shall ‘‘(g)(1) Any applicant (as such term is used changed circumstances, so long as the Sec- issue a report not later than 2 years after the in section 505(o)) who disseminates a direct- retary provides written notice to the appli- date of enactment of this subsection evalu- to-consumer advertisement for a prescrip- cant of the new views of the Secretary on the ating evidence of the compliance of the Food tion drug that is false or misleading and a advertisement and provides a reasonable and Drug Administration with the require- violation of section 502(n) shall be liable to time for modification or correction of the ment that the consideration by the Sec- the United States for a civil penalty in an advertisement prior to seeking any civil pen- retary of petitions that do not raise public amount not to exceed $150,000 for the first alty under paragraph (1). health concerns remain separate and apart such violation in any 3-year period, and not ‘‘(5) The Secretary may compromise, mod- from the review and approval of an applica- to exceed $300,000 for each subsequent viola- ify, remit, with or without conditions, any tion submitted under subsection (b)(2) or (j). tion committed after the applicant has been civil penalty which may be assessed under

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CONSULTATION REGARDING GENETI- CALLY ENGINEERED SEAFOOD when finally determined, or the amount Mr. KENNEDY) submitted an amend- PRODUCTS. charged upon in compromise, may be de- ment intended to be proposed by him ducted from any sums owned by the United The Commissioner of Food and Drugs shall States to the applicant charged. to the bill S. 1082, to amend the Fed- consult with the Assistant Administrator of ‘‘(6) Any applicant who requested, in ac- eral Food, Drug, and Cosmetic Act to the National Marine Fisheries Service of the cordance with paragraph (2), a hearing with reauthorize and amend the prescription National Oceanic and Atmospheric Adminis- respect to the assessment of a civil penalty drug user fee provisions, and for other tration before granting final approval to use and who is aggrieved by an order assessing a purposes; which was ordered to lie on or produce a genetically engineered seafood civil penalty, may file a petition for de novo the table; as follows: product. judicial review of such order with the United Beginning on page 104, strike line 23 and States Court of Appeals for the District of SA 1052. Mr. CORKER submitted an all that follows through line 14 on page 105 Columbia Circuit or for any other circuit in and insert the following: amendment intended to be proposed by which such applicant resides or transacts ‘‘(II) the amount equal to one-fifth of the him to the bill S. 1082, to amend the business. Such a petition may only be filed Federal Food, Drug, and Cosmetic Act within the 60-day period beginning on the excess amount in item (bb), provided that— date the order making such assessments was ‘‘(aa) the amount of the total appropria- to reauthorize and amend the prescrip- issued. tion for the Food and Drug Administration tion drug user fee provisions, and for ‘‘(7) If any applicant fails to pay an assess- for such fiscal year (excluding the amount of other purposes; which was ordered to ment of a civil penalty— fees appropriated for such fiscal year) ex- lie on the table; as follows: ‘‘(A) after the order making the assess- ceeds the amount of the total appropriation for the Food and Drug Administration for At the appropriate place, insert the fol- ment becomes final, and if such applicant lowing: does not file a petition for judicial review of fiscal year 2007 (excluding the amount of fees the order in accordance with paragraph (6); appropriated for such fiscal year), adjusted ‘‘SEC. ll. PROHIBITION ON COMMINGLING. or as provided under subsection (c)(1); and ‘‘(a) IN GENERAL.—Notwithstanding any ‘‘(B) after a court in an action brought ‘‘(bb) the amount of the total appropria- other provision of this Act (or an amend- under paragraph (6) has entered a final judg- tions for the process of human drug review ment made by this Act) a registered im- ment in favor of the Secretary, at the Food and Drug Administration for porter shall not commingle a prescription the Attorney General shall recover the such fiscal year (excluding the amount of drug imported into the United States under amount assessed (plus interest at currently fees appropriated for such fiscal year) ex- this Act (or amendment) with another pre- prevailing rates from the date of the expira- ceeds the amount of appropriations for the scription drug, regardless of whether such tion of the 60-day period referred to in para- process of human drug review at the Food other drug is a domestic prescription drug or graph (6) or date of such final judgment, as and Drug Administration for fiscal year 2007 a prescription drug from a permitted coun- the case may be) in an action brought in any (excluding the amount of fees appropriated try. appropriate district court of the United for such fiscal year), adjusted as provided ‘‘(b) LABEL.—A registered importer (includ- States. In such an action, the validity, under subsection (c)(1). ing an Internet pharmacy) that dispenses a amount, and appropriateness of such penalty In making the adjustment under subclause prescription drug imported from a permitted shall not be subject to review.’’. (II) for any fiscal year 2008 through 2012, sub- country shall affix on each dispensed con- (b) DIRECT-TO-CONSUMER ADVERTISEMENT.— section (c)(1) shall be applied by substituting tainer of the prescription drug the label re- (1) IN GENERAL.—Section 502(n) of the Fed- ‘2007’ for ‘2008.’ ’’. quired under subsection (c), unless such a eral Food, Drug, and Cosmetic Act (21 U.S.C. label is already affixed to the container. 352(n)) is amended by inserting after the first SA 1050. Mr. ENZI (for himself and ‘‘(c) REQUIREMENTS.—Each prescription sentence the following: ‘‘In the case of an ad- Mr. KENNEDY) submitted an amend- drug imported under this Act (or an amend- vertisement for a prescription drug pre- ment intended to be proposed by him ment made by this Act) shall be in a con- sented directly to consumers in television or to the bill S. 1082, to amend the Fed- tainer that bears a label stating, in promi- radio format that states the name of the nent and conspicuous type— drug and its conditions of use, the major eral Food, Drug, and Cosmetic Act to ‘‘(1) the following statement: ‘This drug statement relating to side effects, contra- reauthorize and amend the prescription has been imported from llllll.’ with indications, and effectiveness referred to in drug user fee provisions, and for other the name of the permitted country from the previous sentence shall be stated in a purposes; which was ordered to lie on which the prescription drug has imported in clear and conspicuous (neutral) manner.’’. the table; as follows: the blank space; and (2) REGULATIONS TO DETERMINE NEUTRAL At the end of the bill, add the following: ‘‘(2) that the container complies with any MANNER.—The Secretary of Health and SEC. ll. COLOR CERTIFICATION REPORTS. other applicable requirement of this Act.’’. Human Services shall by regulation establish Section 721 of the Federal Food, Drug, and standards for determining whether a major Cosmetic Act (21 U.S.C. 379e) is amended by SA 1053. Mr. ENZI (for himself, Mr. statement, relating to side effects, contra- adding at the end the following: KENNEDY, Mr. DODD, and Mrs. CLINTON) indications, and effectiveness of a drug, de- ‘‘(g) COLOR CERTIFICATION REPORTS.—Not submitted an amendment intended to scribed in section 502(n) of the Federal Food, later than— be proposed by him to the bill S. 1082, Drug, and Cosmetic Act (21 U.S.C. 352(n)) (as ‘‘(1) 90 days after the close of a fiscal year amended by paragraph (1)) is presented in in which color certification fees are col- to amend the Federal Food, Drug, and the manner required under such section. lected, the Secretary shall submit to Con- Cosmetic Act to reauthorize and amend gress a performance report for such fiscal the prescription drug user fee provi- SA 1048. Ms. SNOWE submitted an year on the number of batches of color addi- sions, and for other purposes; which amendment intended to be proposed by tives approved, the average turn around time was ordered to lie on the table; as fol- her to the bill S. 1082, to amend the for approval, and quantifiable goals for im- lows: Federal Food, Drug, and Cosmetic Act proving laboratory efficiencies; and On page 226, line 4, strike ‘‘later’’ and in- to reauthorize and amend the prescrip- ‘‘(2) 120 days after the close of a fiscal year sert ‘‘if the determination made under sub- tion drug user fee provisions, and for in which color certification fees are col- section (d)(3) is made less’’. lected, the Secretary shall submit to Con- On page 228, line 3, strike ‘‘later’’ and in- other purposes; which was ordered to gress a financial report for such fiscal year lie on the table; as follows: sert ‘‘if the determination made under sub- that includes all fees and expenses of the section (d)(3) is made less’’. At the appropriate place, insert the fol- color certification program, the balance re- On page 233, line 12, insert ‘‘, such as exper- lowing: maining in the fund at the end of the fiscal tise in child and adolescent psychiatry,’’ SEC. ll. MARKETING OF CERTAIN CRUSTA- year, and anticipated costs during the next after ‘‘expertise’’. CEANS. fiscal year for equipment needs and labora- On page 233, line 15, strike ‘‘including’’ and (a) IN GENERAL.—Notwithstanding any tory improvements of such program.’’. other provision of law, for purposes of the insert ‘‘which may include’’. On page 233, between lines 18 and 19, insert Federal Food, Drug, and, Costmetic Act (21 SA 1051. Mr. STEVENS (for himself U.S.C. 301 et seq.) the term ‘‘lobster’’ may the following: not be used to label or advertise the sale of and Ms. MURKOWSKI) submitted an ‘‘(C) ACTION BY COMMITTEE.—The com- any seafood product from the infraorder amendment intended to be proposed by mittee established under this paragraph may Garidea or Anomura. him to the bill S. 1082, to amend the perform a function under this section using (b) MISBRANDED FOOD.—Section 403 of the Federal Food, Drug, and Cosmetic Act appropriate members of the committee Federal Food, Drug, and Cosmetic Act (21 to reauthorize and amend the prescrip- under subparagraph (B) and need not convene all members of the committee under U.S.C. 343) is amended by adding at the end tion drug user fee provisions, and for the following: subparagraph (B) in order to perform a func- (y) LOBSTER.—If it purports to be, or is rep- other purposes; which was ordered to tion under this section. resented as being, lobster but is from the lie on the table; as follows: ‘‘(D) DOCUMENTATION OF COMMITTEE AC- infraorder Caridea or Anomura.’’. At the end of the bill, add the following: TION.—The committee established under this

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5664 CONGRESSIONAL RECORD — SENATE May 7, 2007 paragraph shall document for each function Congress and publish on the Internet website fee provisions, and for other purposes; under paragraphs (2) and (3), which members of the Food and Drug Administration, a re- which was ordered to lie on the table; of the committee participated in such func- port concerning the results of the Adminis- as follows: tion. tration’s pesticide residue monitoring pro- On page 234, line 1, strike ‘‘determine’’ and gram, that includes— At the appropriate place, insert the fol- insert ‘‘make a recommendation to the Sec- (1) information and analysis similar to lowing: retary’’. that contained in the report entitled ‘‘Food SEC. ll. REPORT BY THE FOOD AND DRUG AD- On page 235, line 2, strike ‘‘and’’. and Drug Administration Pesticide Program MINISTRATION REGARDING LABEL- On page 235, line 6, strike ‘‘.’’;’’ and insert ING INFORMATION ON THE RELA- Residue Monitoring 2003’’ as released in June TIONSHIP BETWEEN THE USE OF IN- ‘‘; and’’ of 2005; On page 235, between lines 6 and 7, insert DOOR TANNING DEVICES AND DE- (2) based on an analysis of previous sam- the following: VELOPMENT OF SKIN CANCER OR ples, an identification of products or coun- OTHER SKIN DAMAGE. ‘‘(H) the number of times the committee tries (for imports) that require special atten- (a) IN GENERAL.—The Secretary of Health established under paragraph (1) made a rection and additional study based on a com- and Human Services (referred to in this sec- ommendation to the Secretary under para- parison with equivalent products manufac- tion as the ‘‘Secretary’’), acting through the graph (3), the number of times the Secretary tured, distributed, or sold in the U.S. (in- Commissioner of Food and Drugs, shall de- did not follow such a recommendation to ac- cluding details on the plans for such addi- termine— cept reports under subsection (d)(3), and the tional studies), including in the initial re- (1) whether the labeling requirements for number of times the Secretary did not follow port (and subsequent reports as determined indoor tanning devices, including the posi- such a recommendation to reject such re- necessary) the results and analysis of the tioning requirements, provide sufficient in- ports under section (d)(3). Ginseng Dietary Supplements Special Sur- formation to consumers regarding the risks ‘‘(5) COMMITTEE.—The committee estab- vey as described on page 13 of the report en- that the use of such devices pose for the de- lished under paragraph (1) is the committee titled ‘‘Food and Drug Administration Pes- velopment of irreversible damage to the eyes established under section 505B(f)(1).’’; ticide Program Residue Monitoring 2003’’; On page 260, lines 17 through 19, strike ‘‘of and skin, including skin cancer; and (3) information on the relative number of a letter, or a written request under section (2)(A) whether modifying the warning label 505A that was declined by the sponsor or interstate and imported shipments of each required on tanning beds to read, ‘‘Ultra- holder’’ and insert ‘‘of a written request tested commodity that were sampled, includ- violet radiation can cause skin cancer’’, or under section 505A that was declined by the ing recommendations on whether sampling is any other additional warning, would commu- sponsor or holder, or a letter referencing statistically significant, provides confidence nicate the risks of indoor tanning more ef- such declined written request,’’. intervals or other related statistical infor- fectively; or On page 261, line 3, strike ‘‘appropriate’’ mation, and whether the number of samples (B) whether there is no warning that would and insert ‘‘appropriate, for the labeled indi- should be increased and the details of any be capable of adequately communicating cation or indications,’’. plans to provide for such increase; and such risks. On page 263, line 14, insert ‘‘, such as exper- (4) a description of whether certain com- (b) CONSUMER TESTING.—In making the de- tise in child and adolescent psychiatry,’’ modities are being improperly imported as terminations under subsection (a), the Sec- after ‘‘expertise’’ another commodity, including a description retary shall conduct appropriate consumer On page 263, between lines 19 and 20, insert of additional steps that are being planned to testing, using the best available methods for the following and redesignate the remaining prevent such smuggling. determining consumer understanding of paragraphs accordingly: (b) INITIAL REPORTS.—Annual reports label warnings. ‘‘(2) ACTION BY THE COMMITTEE.—The com- under subsection (a) for fiscal years 2004 (c) PUBLIC HEARINGS; PUBLIC COMMENT.— mittee established under paragraph (1) may through 2006 may be combined into a single The Secretary shall hold public hearings and perform a function under this section using report, by not later than June 1, 2008, for solicit comments from the public in making appropriate members of the committee purposes of publication under subsection (a). the determinations under subsection (a). under paragraph (1) and need not convene all Thereafter such reports shall be completed (d) REPORT.—Not later than 1 year after members of the committee under paragraph by June 1 of each year for the data collected the date of the enactment of this Act, the (1) in order to perform a function under this for the year that was 2-years prior to the Secretary shall submit to the Congress a re- section. year in which the report is published. port that provides the determinations under ‘‘(3) DOCUMENTATION OF COMMITTEE AC- (c) MEMORANDUM OF UNDERSTANDING.—The subsection (a). In addition, the Secretary TION.—For each drug or biological product, Commissioner of Food and Drugs, the Ad- shall include in the report the measures the committee established under this para- ministrator of the Food Safety and Inspec- being implemented by the Secretary to sig- graph shall document for each function tion Service, the Department of Commerce, nificantly reduce the risks associated with under paragraph (4) or (5), which members of and the head of the Agricultural Marketing indoor tanning devices. the committee participated in such function. Service shall enter into a memorandum of SA 1057. Mr. GREGG submitted an On page 265, between lines 18 and 19, insert understanding to permit inclusion of data in amendment intended to be proposed by the following: the reports under subsection (a) relating to him to the bill S. 1082, to amend the ‘‘(7) COMMITTEE.—The committee estab- testing carried out by the Food Safety and lished under paragraph (1) is the committee Inspection Service and the Agricultural Mar- Federal Food, Drug, and Cosmetic Act established under section 505A(f)(1). keting Service on meat, poultry, eggs, and to reauthorize and amend the prescrip- On page 289, line 16, strike ‘‘SURVEIL- certain raw agricultural products, respec- tion drug user fee provisions, and for LANCES’’ and insert ‘‘POSTMARKET SUR- tively. other purposes; which was ordered to VEILLANCE’’. lie on the table; as follows: On page 289, line 17, strike ‘‘SURVEIL- SA 1055. Mr. LEVIN submitted an LANCES’’ and insert ‘‘SURVEILLANCE’’. At the appropriate place, insert the fol- On page 290, strike lines 9 through 12 and amendment intended to be proposed by lowing: insert the following: him to the bill S. 1082, to amend the TITLE l—INTERNET PHARMACIES ‘‘(iii) that is intended to be— Federal Food, Drug, and Cosmetic Act SEC. l01. SHORT TITLE. ‘‘(I) implanted in the human body for more to reauthorize and amend the prescrip- This title may be cited as the ‘‘Safe Inter- than 1 year; or tion drug user fee provisions, and for net Pharmacy Act of 2007’’. ‘‘(II) a life-sustaining or life-supporting de- other purposes; which was ordered to SEC. l02. INTERNET PHARMACIES. vice used outside a device user facility. On page 290, line 15, strike ‘‘of an’’ and all lie on the table; as follows: (a) INTERNET PHARMACIES.—Chapter V of that follows through ‘‘section 510(k) only At the appropriate place, insert the fol- the Federal Food, Drug, and Cosmetic Act for’’ on line 19, and insert ‘‘or clearance of’’. lowing: (21 U.S.C. 351 et seq.) is amended by inserting SEC. ll. SAFETY OF FOOD ADDITIVES. after section 510 the following: SA 1054. Mr. FEINGOLD submitted Not later than 90 days after the date of en- ‘‘SEC. 511. INTERNET PHARMACIES. an amendment intended to be proposed actment of this Act, the Food and Drug Ad- ‘‘(a) DEFINITIONS.—In this section: by him to the bill S. 1082, to amend the ministration shall issue a report on the ques- ‘‘(1) ADVERTISING SERVICE PROVIDER.—The Federal Food, Drug, and Cosmetic Act tion of whether substances used to preserve term ‘advertising service provider’ means an to reauthorize and amend the prescrip- the appearance of fresh meat may create any advertising company that contracts with a health risks, or mislead consumers. provider of an interactive computer service tion drug user fee provisions, and for (as defined in section 230(f) of the Commu- other purposes; which was ordered to SA 1056. Mr. REED (for himself, and nications Act of 1934 (47 U.S.C. 230(f)) to pro- lie on the table; as follows: vide advertising on the Internet. Mr. ISAKSON) submitted an amendment At the appropriate place, insert the fol- ‘‘(2) DESIGNATED PAYMENT SYSTEM.— lowing: intended to be proposed by him to the ‘‘(A) IN GENERAL.—The term ‘designated SEC. ll. PUBLICATION OF ANNUAL REPORTS. bill S. 1082, to amend the Federal Food, payment system’ means a system used by a (a) IN GENERAL.—The Commissioner on Drug, and Cosmetic Act to reauthorize person described in subparagraph (B) to ef- Food and Drugs shall annually submit to and amend the prescription drug user fect a credit transaction, electronic fund

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5665 transfer, or money transmitting service that telephone, or electronic mail, or by a means risdiction of the United States and any of its the Board determines, by regulation or that involves the use, in whole or in part, of States or territories where it engages in order, is regularly used in connection with, the Internet. commerce; and or to facilitate restricted transactions. ‘‘(9) UNLICENSED INTERNET PHARMACY.—The ‘‘(ee) the Internet pharmacy agrees to affix ‘‘(B) PERSONS DESCRIBED.—A person re- term ‘unlicensed Internet pharmacy’ means to each shipping container of drugs to be ferred to in subparagraph (A) is— an Internet pharmacy that is not licensed shipped in the United States such markings ‘‘(i) a creditor; under this section. as the Secretary determines to be necessary ‘‘(ii) a credit card issuer; ‘‘(10) OTHER DEFINITIONS.— to identify that the shipment is from a li- ‘‘(iii) a financial institution; ‘‘(A) BOARD.—The term ‘Board’ means the censed Internet pharmacy, which may in- ‘‘(iv) an operator of a terminal at which an Board of Governors of the Federal Reserve clude anticounterfeiting or track-and-trace electronic fund transfer may be initiated; System. technologies; ‘‘(v) a money transmitting business; or ‘‘(B) CREDIT; CREDITOR; CREDIT CARD.—The ‘‘(ii) verification that the person that owns ‘‘(vi) a participant in an international, na- terms ‘credit’, ‘creditor’, and ‘credit card’ the Internet pharmacy has not had a license tional, regional, or local network con- have the meanings given the terms in sec- for an Internet pharmacy terminated by the structed primarily to effect a credit trans- tion 103 of the Truth in Lending Act (15 Secretary, and that no other Internet phar- action, electronic fund transfer, or money U.S.C. 1602). macy owned by the person has had a license transmitting service. ‘‘(C) ELECTRONIC FUND TRANSFER.—The under this subsection that has been termi- ‘‘(3) FEDERAL FUNCTIONAL REGULATOR.—The term ‘electronic fund transfer’— nated by the Secretary; term ‘Federal functional regulator’ has the ‘‘(i) has the meaning given the term in sec- ‘‘(iii) verification from the person that meaning given the term in section 509 of the tion 903 of the Electronic Fund Transfer Act owns the Internet pharmacy that the person Gramm-Leach-Bliley Act (15 U.S.C. 6809). (15 U.S.C. 1693a); and will permit inspection of the facilities and ‘‘(4) INTERNET PHARMACY.—The term ‘Inter- ‘‘(ii) includes any fund transfer covered business practices of the Internet pharmacy net pharmacy’ means a person that offers to under article 4A of the Uniform Commercial by the Secretary to the extent necessary to dispense or dispenses in the United States a Code, as in effect in any State. determine whether the Internet pharmacy is prescription drug through an Internet ‘‘(D) FINANCIAL INSTITUTION.—The term ‘fi- website in interstate commerce, regardless nancial institution’— in compliance with this subsection; of whether the physical location of the prin- ‘‘(i) has the meaning given the term in sec- ‘‘(iv) in the case of an agreement between cipal place of business of the Internet phar- tion 903 of the Electronic Transfer Fund Act a patient and an Internet pharmacy that re- macy is in the United States or in another (15 U.S.C. 1693a); and leases the Internet pharmacy, and any em- country. ‘‘(ii) includes a financial institution (as de- ployee or agent of the Internet pharmacy, from liability for damages arising out of the ‘‘(5) PRESCRIPTION DRUG.—The term ‘pre- fined in section 509 of the Gramm-Leach-Bli- scription drug’ means a drug described in ley Act (15 U.S.C. 6809)). negligence of the Internet pharmacy, an as- section 503(b) that is approved by the Sec- ‘‘(E) MONEY TRANSMITTING BUSINESS; MONEY surance that such a limitation of liability retary under section 505. TRANSMITTING SERVICE.—The terms ‘money shall be null and void; ‘‘(6) RESTRICTED TRANSACTION.—The term transmitting business’ and ‘money transmit- ‘‘(v) verification that the Internet phar- ‘restricted transaction’ means a transaction ting service’ have the meanings given the macy expressly and affirmatively agrees to or transmittal, on behalf of a individual who terms in section 5330(d) of title 31, United provide the Secretary with the identity of places an unlawful Internet pharmacy re- States Code. any providers of interactive computer serv- quest to any person engaged in the operation ‘‘(b) IN GENERAL.—An Internet pharmacy ices that provide host services or advertising of an unlicensed Internet pharmacy, of— may only dispense or offer to dispense a pre- services for the Internet pharmacy; and ‘‘(A) credit, or the proceeds of credit, ex- scription drug to a person in the United ‘‘(vi) assurance that the Internet pharmacy tended to or on behalf of the individual for States in accordance with this section. will comply with the requirements under the purpose of the unlawful Internet request ‘‘(c) LICENSING OF INTERNET PHARMACIES.— subparagraphs (B) and (C). (including credit extended through the use of ‘‘(1) IN GENERAL.—An Internet pharmacy ‘‘(B) IDENTIFICATION REQUIREMENTS.—An a credit card); shall be licensed by the Secretary in accord- Internet pharmacy shall post in a clear and ‘‘(B) an electronic fund transfer or funds ance with this section prior to offering to visible manner, on each page of the website transmitted by or through a money trans- dispense or dispensing a prescription drug to of the Internet pharmacy or by a link to a mitting business, or the proceeds of an elec- an individual. separate page, the following information: tronic fund transfer or money transmitting ‘‘(2) CONDITIONS FOR LICENSING.— ‘‘(i) The street address, city, ZIP Code or service, from or on behalf of the individual ‘‘(A) APPLICATION REQUIREMENTS.—An comparable mail code, State (or comparable for the purpose of the unlawful Internet re- Internet pharmacy shall submit to the Sec- entity), country, and telephone number of— quest; retary an application that includes— ‘‘(I) each place of business of the Internet ‘‘(C) a check, draft, or similar instrument ‘‘(i)(I) in the case of an Internet pharmacy pharmacy; and which is drawn by or on behalf of the indi- located in the United States, verification ‘‘(II) the name of the supervising phar- vidual for the purpose of the unlawful Inter- that, in each State in which the Internet macist of the Internet pharmacy and each net request and is drawn on or payable at or pharmacy engages in dispensing or offering individual who serves as a pharmacist for through any financial institution; or to dispense prescription drugs, the Internet purposes of the Internet pharmacy website. ‘‘(D) the proceeds of any other form of fi- pharmacy, and all employees and agents of ‘‘(ii) The names of all States in which the nancial transaction (identified by the Board the Internet pharmacy, is in compliance Internet pharmacy and the pharmacists em- by regulation) that involves a financial in- with applicable Federal and State laws re- ployed by the Internet pharmacy are li- stitution as a payor or financial inter- garding— censed or otherwise authorized to dispense mediary on behalf of or for the benefit of the ‘‘(aa) the practice of pharmacy, including prescription drugs. individual for the purpose of the unlawful licensing laws and inspection requirements; ‘‘(iii) If the Internet pharmacy makes re- Internet request. and ferrals to, or solicits on behalf of, a health ‘‘(7) TREATING PROVIDER.—The term ‘treat- ‘‘(bb) the manufacturing and distribution care practitioner or group of practitioners in ing provider’ means a health care provider li- of controlled substances, including with re- the United States for prescription services— censed in the United States who is author- spect to mailing or shipping controlled sub- ‘‘(I) the name, street address, city, ZIP ized to prescribe medications and who— stances to consumers; or Code or comparable mail code, State, and ‘‘(A)(i) performs a documented patient ‘‘(II) in the case of an Internet pharmacy telephone number of the practitioner or evaluation (including a patient history and whose principal place of business is located group; and physical examination) of an individual, por- outside the United States, verification ‘‘(II) the name of each State in which each tions of which may be conducted by other that— practitioner is licensed or otherwise author- health professionals; ‘‘(aa) all employees and agents of the ized to prescribe drugs. ‘‘(ii) discusses with the individual the Internet pharmacy are in compliance with ‘‘(iv) A statement that the Internet phar- treatment options of the individual and the applicable Federal and State laws regarding macy will dispense prescription drugs only risks and benefits of treatment; and the practice of pharmacy, including licens- after receipt of a valid prescription from a ‘‘(iii) maintains contemporaneous medical ing laws and inspection requirements; treating provider. records concerning the individual; or ‘‘(bb) the Internet pharmacy is in compli- ‘‘(v) A distinctive tamper resistant seal to ‘‘(B) provides care to an individual as part ance with applicable Federal and State laws identify that the Internet pharmacy is li- of an on-call or cross-coverage arrangement regarding the practice of pharmacy, includ- censed. with a health care provider described in sub- ing licensing laws and inspection require- ‘‘(C) PROFESSIONAL SERVICES REQUIRE- paragraph (A). ments; MENTS.—An Internet pharmacy shall carry ‘‘(8) UNLAWFUL INTERNET PHARMACY RE- ‘‘(cc) the Internet pharmacy expressly and out the following: QUEST.—The term ‘unlawful Internet phar- affirmatively agrees to provide and maintain ‘‘(i) Maintain patient medication profiles macy request’ means the request, or trans- an agent for service of process in the United and other related data in a readily accessible mittal of a request, made to an unlicensed States; format organized to facilitate consultation Internet pharmacy for a prescription drug by ‘‘(dd) the Internet pharmacy expressly and with treating providers, caregivers, and pa- mail (including a private carrier), facsimile, affirmatively agrees to be subject to the ju- tients.

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5666 CONGRESSIONAL RECORD — SENATE May 7, 2007 ‘‘(ii) Conduct prospective drug use reviews that the prescription is inaccurate or ex- on 133 percent of the anticipated costs to the before dispensing medications or medical de- pired; or Secretary of enforcing the requirements of vices. ‘‘(bb) the treating provider does not re- this section in the subsequent fiscal year. ‘‘(iii) Ensure patient confidentiality and spond within that time. ‘‘(D) ANNUAL FEE DETERMINATION.— the protection of patient identity and pa- ‘‘(x) Maintain, for such period of time as ‘‘(i) IN GENERAL.—Not later than 60 days tient-specific information, in accordance the Secretary shall prescribe by regulation, before the beginning of each fiscal year be- with the regulations promulgated under sec- a record of all direct communications with a ginning after September 30, 2007, the Sec- tion 264(c) of the Health Insurance Port- treating provider regarding the dispensing of retary shall determine the amount of the liability and Accountability Act of 1996. a prescription drug, including verification of censing application fee and the yearly re- ‘‘(iv) Offer interactive and meaningful con- the prescription. newal fee for that fiscal year. sultation by a licensed pharmacist to the ‘‘(3) LICENSURE PROCEDURE.— ‘‘(ii) PUBLICATION OF FEE AMOUNT.—Not caregiver or patient before and after the ‘‘(A) ACTION BY SECRETARY.—On receipt of later than 60 days before each fiscal year, the time at which the Internet pharmacy dis- a complete licensing application from an Secretary shall publish the amount of the li- penses the drug. Internet pharmacy under paragraph (2), the censing application fee and the yearly re- ‘‘(v)(I) Establish a mechanism for patients Secretary shall— newal fee under this section for that fiscal to report errors and suspected adverse drug ‘‘(i) assign an identification number to the year and provide for a period of 30 days for reactions. Internet pharmacy; the public to provide written comments on ‘‘(II) Document in the reporting mecha- ‘‘(ii) notify the applicant of the receipt of the fees. nism the response of the Internet pharmacy the licensing application; and ‘‘(E) USE OF FEES.—The fees collected to those reports. ‘‘(iii) if the Internet pharmacy is in com- under this section shall be used, without fur- ‘‘(III) Submit those reports within 3 days pliance with the conditions under paragraph ther appropriation, to carry out this section. of receipt and the response of the Internet (2), issue a license not later than 60 days ‘‘(F) FAILURE TO PAY FEE.— pharmacy to the Food and Drug Administra- after receipt of a licensing application from ‘‘(i) DUE DATE.—A fee payable under this tion in a manner determined appropriate by the Internet pharmacy. section shall be paid by the date that is 30 the Secretary. ‘‘(B) ELECTRONIC FILING.— days after the date on which the fee is due. ‘‘(vi) Develop a system to inform care- ‘‘(i) IN GENERAL.—For the purpose of reduc- givers and patients about drug recalls. ing paperwork and reporting burdens, the ‘‘(ii) FAILURE TO PAY.—If an Internet phar- ‘‘(vii) Educate caregivers and patients Secretary shall require the use of electronic macy subject to a fee under this section fails about the appropriate means of disposing of methods of submitting to the Secretary a li- to pay the fee by the date specified under expired, damaged, or unusable medications. censing application required under this sec- clause (i), the Secretary shall not permit the ‘‘(viii) Assure that the sale of a prescription and provide for electronic methods of Internet pharmacy to engage in the dis- tion drug is in accordance with a valid pre- receiving the applications. pensing of drugs as described under this sec- scription from the treating provider of the ‘‘(ii) AUTHENTICATION.—In providing for the tion until all such fees owed by the Internet individual. electronic submission of such licensing ap- pharmacy are paid. ‘‘(ix)(I) Verify the validity of the prescrip- plications under this section, the Secretary ‘‘(G) REPORTS.—Beginning with fiscal year tion of an individual by using 1 of the fol- shall ensure that adequate authentication 2008, not later than 60 days after the end of lowing methods: protocols are used to allow identification of each fiscal year during which licensing appli- ‘‘(aa) If the prescription for any drug other the Internet pharmacy and validation of the cation fees are collected under this section, than a controlled substance (as defined in data as appropriate. the Secretary shall submit to the Committee section 102 of the Controlled Substances Act ‘‘(4) DATABASE.— on Health, Education, Labor, and Pensions of (21 U.S.C. 802)) is received from an individual ‘‘(A) IN GENERAL.—The Secretary shall the Senate and the Committee on Energy or the treating provider of the individual by compile, maintain, and periodically update a and Commerce of the House of Representa- mail (including a private carrier), or from database of the Internet pharmacies licensed tives a report that describes— the treating provider of the individual by under this section. ‘‘(i) implementation of the licensing fee electronic mail, the validity of the prescrip- ‘‘(B) AVAILABILITY.—The Secretary shall authority during the fiscal year; and tion shall be confirmed in accordance with make the database described under subpara- ‘‘(ii) the use by the Secretary of the licens- all applicable Federal and State laws. graph (A) and information submitted by the ing fees collected during the fiscal year for ‘‘(bb) If the prescription is for a controlled licensee under paragraph (2)(B) available to which the report is made. substance (as defined in section 102 of the the public on an Internet website and ‘‘(6) SUSPENSION.— Controlled Substances Act), the validity of through a toll-free telephone number. ‘‘(A) IN GENERAL.—If the Secretary deter- the prescription shall be confirmed with the ‘‘(5) FEES.— mines that an Internet pharmacy is engaged treating provider as described in subclause ‘‘(A) IN GENERAL.— in a pattern of violations of any of the re- (II). ‘‘(i) LICENSING APPLICATION FEE.—The Sec- quirements of this Act, the Secretary may ‘‘(II) When seeking verification of a pre- retary shall establish a licensing application immediately order the suspension of the li- scription of an individual under subclause fee to be paid by all applicants. cense of the Internet pharmacy. (I)(bb), an Internet pharmacy shall provide ‘‘(ii) RENEWAL FEE.—The Secretary shall ‘‘(B) APPEAL OF SUSPENSION ORDER.—An to the treating provider the following infor- establish a yearly renewal fee to be paid by Internet pharmacy subject to a suspension mation: all Internet pharmacies licensed under this order under subparagraph (A) may appeal the ‘‘(aa) The full name and address of the in- section. suspension order to the Secretary. Not later dividual. ‘‘(B) COLLECTION.— than 30 days after an appeal is filed, the Sec- ‘‘(bb) Identification of the prescription ‘‘(i) COLLECTION OF LICENSING APPLICATION retary, after providing opportunity for an in- drug. FEE.—A licensing application fee payable for formal hearing, shall affirm or terminate the ‘‘(cc) The quantity of the prescription drug the fiscal year in which the Internet phar- order. to be dispensed. macy submits a licensing application, as es- ‘‘(C) FAILURE TO ACT.—If, during the 30-day ‘‘(dd) The date on which the individual pre- tablished under subparagraph (C), shall be period specified in subparagraph (B), the Sec- sented the prescription to the Internet phar- payable upon the submission to the Sec- retary fails to provide an opportunity for a macy. retary of such licensing application. hearing or to affirm or terminate the order, ‘‘(ee) The date and time of the verification ‘‘(ii) COLLECTION OF RENEWAL FEES.—After the order shall be deemed to be terminated. request. the licensing application fee is paid for the ‘‘(D) NO JUDICIAL REVIEW.—An order under ‘‘(ff) The name of a contact person at the first fiscal year of licensure, the yearly re- this paragraph shall not be subject to judi- Internet pharmacy, including a voice tele- newal fee, as established under subparagraph cial review. phone number, electronic mail address, and (C), shall be payable on or before October 1 of ‘‘(7) TERMINATION OF LICENSE.—The Sec- facsimile telephone number. each subsequent fiscal year. retary may terminate a license issued under ‘‘(III) A prescription is verified under sub- ‘‘(iii) ONE FEE PER INTERNET PHARMACY.— this subsection, after notice to the Internet clause (I)(bb) only if 1 of the following oc- The licensing application fee and yearly re- pharmacy and an opportunity for a hearing, curs: newal fee shall be paid only once for each and if the Secretary determines that the ‘‘(aa) The treating provider confirms, by Internet pharmacy for a fiscal year in which Internet pharmacy— direct communication with the Internet the fee is payable. ‘‘(A) has demonstrated a pattern of non- pharmacy, that the prescription is accurate. ‘‘(iv) EXCESS FEES.—Any amount collected compliance with this section; ‘‘(bb) The treating provider informs the by the Secretary under this paragraph for a ‘‘(B) has made an untrue statement of ma- Internet pharmacy that the prescription is fiscal year that is in excess of the costs of terial fact in its licensing application; or inaccurate and provides the accurate pre- enforcing the requirements of this section ‘‘(C) is in violation of any applicable Fed- scription. for such fiscal year shall be deposited in the eral or State law relating to the dispensing ‘‘(IV) An Internet pharmacy shall not fill a Treasury. of a prescription drug. prescription if— ‘‘(C) FEE AMOUNT.—The amount of the li- ‘‘(8) RENEWAL EVALUATION.— ‘‘(aa) a treating provider informs the Inter- censing application fee and the yearly re- ‘‘(A) IN GENERAL.—Before renewing a li- net pharmacy within 72 hours after receipt of newal fee for an Internet pharmacy shall be cense of an Internet pharmacy under this a communication under subclause (I)(bb) determined each year by the Secretary based subsection, the Secretary shall conduct an

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A person subject to a regulation ‘‘(B) EVALUATION OF INTERNET PHAR- restricted transactions, in an effort to imple- or an order issued under subsection (e) and MACIES.—At the discretion of the Secretary ment the policies and procedures required the agents and employees of that person and as applicable, an evaluation under sub- under this subsection or to otherwise comply shall not be found to be in violation of, or paragraph (A) may include testing of the with this section, shall not be liable to any liable under, any Federal, State, or other law Internet pharmacy website or other systems party for such action; and for engaging in any such transaction. through which the Internet pharmacy com- ‘‘(ii) prevents or otherwise refuses to honor ‘‘(h) RELATION TO STATE LAWS.—No re- municates with consumers, and a physical a nonrestricted transaction in an effort to quirement, prohibition, or liability may be inspection of the records and premises of the implement the policies and procedures under imposed on a designated payment system or pharmacy. this subsection or to otherwise comply with person subject to a regulation or an order ‘‘(9) CONTRACT FOR OPERATION OF PRO- this section, shall not be liable to any party issued under subsection (e) under the laws of GRAM.— for such action. any State with respect to any payment ‘‘(A) IN GENERAL.—The Secretary may ‘‘(B) COMPLIANCE WITH THIS SUBSECTION.—A transaction by an individual because the award a contract under this subsection for person described in subsection (a)(2)(B) payment transaction involves a payment to the operation of the licensing program. meets the requirements of this subsection, if an Internet pharmacy. ‘‘(B) TERM.—The duration of a contract any, if the person relies on and complies ‘‘(i) TIMING OF REQUIREMENTS.—A des- under subparagraph (A) shall not exceed 5 with the policies and procedures of a designated payment system or a person subject years and may be renewable. ignated payment system of which the person to a regulation under subsection (e) shall ‘‘(C) PERFORMANCE REVIEW.—The Secretary is a member or in which the person is a par- adopt policies and procedures reasonably de- shall annually review performance under a ticipant, and such policies and procedures of signed to comply with any regulations re- contract under subparagraph (A). the designated payment system comply with quired under subsection (e) not later than 180 ‘‘(d) PROVIDERS OF INTERACTIVE COMPUTER the requirements of the regulations under days after the date on which such final regu- SERVICES OR ADVERTISING SERVICES.—No pro- paragraph (1)(B). lations are issued.’’. vider of interactive computer services (as de- ‘‘(4) ENFORCEMENT.— (b) PROHIBITED ACTS.—Section 301 of the fined in section 230(f) of the Communications ‘‘(A) IN GENERAL.—This subsection shall be Federal Food, Drug, and Cosmetic Act (21 Act of 1934 (47 U.S.C. 230(f)) or an advertising enforced by the Federal functional regu- U.S.C. 331) is amended by adding at the end service provider shall be liable under this lators and the Federal Trade Commission the following: section on account of another person’s sell- under applicable law in the manner provided ‘‘(hh)(1) The sale, under section 511, of a ing or dispensing of a prescription drug, so in section 505(a) of the Gramm-Leach-Bliley drug that is not a prescription drug, the sale long as the provider of the interactive com- Act (21 U.S.C. 6805(a)). of such a prescription drug without a valid puter service or the advertising service pro- ‘‘(B) FACTORS TO BE CONSIDERED.—In con- prescription from a treating provider, or the vider does not own or exercise corporate considering any enforcement action under this ownership or operation of an Internet phar- trol over such person. subsection against a payment system or per- macy, in violation of section 511. ‘‘(e) POLICIES AND PROCEDURES REQUIRED son described in subsection (a)(2)(B), the ‘‘(2) The representation by advertisement, TO PREVENT PAYMENTS FOR UNLAWFUL INTER- Federal functional regulators and the Fed- sales presentation, direct communication NET PHARMACY REQUESTS.— eral Trade Commission shall consider the (including telephone, facsimile, or electronic ‘‘(1) REGULATIONS.—Not later than 180 days following factors: mail), or otherwise by an Internet pharmacy, after designating a system under subsection ‘‘(i) The extent to which the payment sys- that a prescription drug may be obtained (a)(2), the Board shall promulgate regula- tem or person knowingly permits restricted from the Internet pharmacy without a pre- tions that require— transactions. scription, in violation of section 511. ‘‘(A) an operator of a credit card system ‘‘(ii) The history of the payment system or ‘‘(3) The advertisement related to a pre- that is a designated payment system, an op- person in connection with permitting re- scription drug through any media including erator of an international, national, or local stricted transactions. sales presentation, direct communication network used to effect a credit transaction, ‘‘(iii) The extent to which the payment (including telephone, facsimile, or electronic electronic fund transfer, or money transmit- system or person has established and is mail), by an unlicensed Internet pharmacy. ting service that is a designated payment maintaining policies and procedures in com- ‘‘(4) The provision of an untrue statement system, and an operator of any other des- pliance with regulations prescribed under of material fact in the licensing application ignated payment system specified by the this subsection. of an Internet pharmacy. Board that is centrally managed and is pri- ‘‘(iv) The feasibility that any specific rem- ‘‘(5) For purposes of this subsection, any marily engaged in the transmission and set- edy prescribed can be implemented by the term used in this subsection that is also used tlement of credit transactions, electronic payment system or person without substan- in section 511 shall have the meaning given transfers, or money transmitting services tial deviation from normal business practice. that term in section 511.’’. where at least 1 party to the transaction or ‘‘(v) The costs and burdens the specific (c) LINKS TO UNLICENSED INTERNET PHAR- transfer is an individual; and remedy will have on the payment system or MACIES.—Section 302 of the Federal Food, ‘‘(B) in the case of a designated payment person. Drug, and Cosmetic Act (21 U.S.C. 332) is system, other than a designated payment ‘‘(f) REPORTS REGARDING INTERNET-RE- amended by adding at the end the following: system described in subparagraph (A), a per- LATED VIOLATIONS OF FEDERAL AND STATE ‘‘(c)(1) In the case of a violation of section son described in subsection (a)(2)(B); LAWS ON DISPENSING OF DRUGS.—The Sec- 511 relating to an unlicensed Internet phar- to establish policies and procedures that are retary shall, pursuant to the submission of macy (as defined in such section 511), the dis- reasonably designed to prevent the introduc- an application meeting criteria prescribed by trict courts of the United States and the tion of restricted transactions into a des- the Secretary, make an award of a grant or United States courts of the territories shall ignated payment system or the completion contract to an entity with experience in de- have jurisdiction to order a provider of an of restricted transactions using a designated veloping and maintaining systems for the interactive computer service to remove, or payment system. purpose of— disable access to, links to a website violating ‘‘(2) REQUIREMENTS FOR POLICIES AND PRO- ‘‘(1) identifying Internet pharmacy that section that resides on a computer serv- CEDURES.—In promulgating regulations websites that are not licensed or that appear er that the provider controls or operates. under paragraph (1), the Board shall— to be operating in violation of Federal or ‘‘(2) Relief under paragraph (1)— ‘‘(A) identify types of policies and proce- State laws concerning the dispensing of ‘‘(A) shall be available only after provision dures, including nonexclusive examples, that drugs; to the provider of notice and an opportunity shall be considered to be reasonably designed ‘‘(2) reporting such Internet pharmacy to appear; to identify and reasonably designed to pre- websites to State medical licensing boards ‘‘(B) shall not impose any obligation on the vent the introduction of a restricted trans- and State pharmacy licensing boards, and to provider to monitor its service or to affirma- action in a designated payment or the com- the Attorney General and the Secretary, for tively seek facts indicating activity vio- pletion of restricted transactions using a further investigation; and lating section 511; designated payment system; and ‘‘(3) submitting, for each fiscal year for ‘‘(C) shall specify the provider to which the ‘‘(B) to the extent practicable, permit any which the award under this subsection is relief applies; and designated payment system, or person de- made, a report to the Secretary describing ‘‘(D) shall specifically identify the location scribed in subsection (a)(2)(B), as applicable, investigations undertaken with respect to of the website to be removed or to which ac- to choose among alternative means of pre- violations described in paragraph (1). cess is to be disabled.’’. venting the introduction or completion of re- ‘‘(g) TRANSACTIONS PERMITTED.—A des- (d) REGULATIONS.— stricted transactions. ignated payment system or person subject to (1) IN GENERAL.—Not later than 1 year after ‘‘(3) NO LIABILITY FOR BLOCKING OR REFUS- a regulation or an order issued under sub- the date of enactment of this title, the Sec- ING TO HONOR RESTRICTED TRANSACTION.— section (e) may engage in transactions with retary of Health and Human Services shall ‘‘(A) IN GENERAL.—A designated payment licensed and unlicensed Internet pharmacies promulgate interim final regulations to system, or a person described in subsection in connection with investigating violations carry out the amendments made by this sec- (a)(2)(B), that is subject to a regulation or an or potential violations of any rule or require- tion.

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(2) EFFECTIVE DATE.—The requirement of Trade Representative to deal with violations for the purpose of identifying the processing licensure under section 511 of the Federal of intellectual property rights, including— plant of origin of such products. Food, Drug, and Cosmetic Act (as added by (A) bilateral engagement with United (d) PARTNERSHIPS WITH STATES.—Upon the this section) shall take effect on the date de- States trading partners; request by any State, the Secretary may termined by the Secretary of Health and (B) transparency of the annual ‘‘Special enter into partnership agreements, as soon Human Services but in no event later than 90 301’’ review and reviews of compliance with as practicable after the request is made, to days after the effective date of the interim the intellectual property requirements of implement inspection programs regarding final regulations under paragraph (1). countries with respect to which the United the importation of aquaculture and seafood. (e) PENALTIES.—Section 303 of the Federal States grants trade preferences; (e) AUTHORIZATION OF APPROPRIATIONS.— Food, Drug, and Cosmetic Act (21 U.S.C. 333) (C) negotiation of intellectual property There are authorized to be appropriated such is amended by adding at the end the fol- provisions as part of bilateral and regional sums as may be necessary to carry out this lowing: trade agreements; and section. ‘‘(g) Notwithstanding subsection (a), any (D) multilateral engagement through the person who knowingly violates paragraph (1), World Trade Organization (WTO); and SA 1060. Mr. HATCH (for himself and (2), (3), or (4) of section 301(hh) shall be im- (2) the United States Trade Representative Mr. KENNEDY) submitted an amend- prisoned for not more than 10 years or fined should develop and implement a strategic ment intended to be proposed by him in accordance with title 18, United States plan to address the problem of countries that to the bill S. 1082, to amend the Fed- Code, or both.’’. infringe upon American pharmaceutical in- eral Food, Drug, and Cosmetic Act to tellectual property rights and the problem of reauthorize and amend the prescription SA 1058. Mr. DEMINT (for himself, countries that engage in price manipulation. drug user fee provisions, and for other Mr. COBURN, and Mr. MARTINEZ) submitted an amendment intended to be purposes; which was ordered to lie on SA 1059. Mr. SESSIONS (for himself, the table; as follows: proposed by him to the bill S. 1082, to Mrs. LINCOLN, Mr. COCHRAN, Mr. PRYOR, At the appropriate place, insert the fol- amend the Federal Food, Drug, and Mr. LOTT, and Mr. SHELBY) submitted Cosmetic Act to reauthorize and amend lowing: an amendment intended to be proposed SEC. ll. FOOD AND DRUG ADMINISTRATION the prescription drug user fee provi- by him to the bill S. 1082, to amend the FUNDING SUBMISSION. sions, and for other purposes; which Federal Food, Drug, and Cosmetic Act Subchapter A of chapter VII of the Federal was ordered to lie on the table; as fol- to reauthorize and amend the prescrip- Food, Drug, and Cosmetic Act (21 U.S.C. 371 lows: tion drug user fee provisions, and for et seq.), as amended by this Act, is amended At the appropriate place, insert the fol- other purposes; which was ordered to by adding at the end the following: lowing: lie on the table; as follows: ‘‘SEC. 714. FOOD AND DRUG ADMINISTRATION SEC. ll. SENSE OF THE SENATE REGARDING FUNDING SUBMISSION. CERTAIN PATENT INFRINGEMENTS. At the appropriate place, insert the fol- ‘‘For each of fiscal years 2009 through 2013, (a) FINDINGS.—The Senate makes the following: the Commissioner of Food and Drugs shall lowing findings: SEC. ll. ENHANCED AQUACULTURE AND SEA- prepare and submit, directly to the President (1) The value of American innovation in de- FOOD INSPECTION. for review and transmittal to Congress, an veloping life-saving prescription drugs saves (a) FINDINGS.—Congress finds the fol- annual Food and Drug Administration fund- millions of lives around the world each year. lowing: ing submission estimate (including the num- (2) The protection of intellectual property (1) In 2007, there has been an overwhelming ber and type of personnel needs for the Food is vital to the continued development of new increase in the volume of aquaculture and and Drug Administration), after reasonable and life-saving drugs and future growth of seafood that has been found to contain sub- opportunity for comment (but without the United States economy. stances that are not approved for use in food change) by the Secretary.’’. (3) In order to maintain the global com- in the United States. f petitiveness of the United States, the United (2) As of May 2007, inspection programs are States Trade Representative’s Office of In- not able to satisfactorily accomplish the NOTICE OF HEARING tellectual Property and Innovation develops goals of ensuring the food safety of the SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS and implements trade policy in support of United States. Mr. BINGAMAN. Mr. President, I vital American innovations, including inno- (3) To protect the health and safety of con- would like to announce for the infor- sumers in the United States, the ability of vation in the pharmaceutical and medical mation of the Senate and the public technology industries. the Secretary of Health and Human Services (4) The United States Trade Representative to perform inspection functions must be en- that a hearing has been scheduled be- also provides trade policy leadership and ex- hanced. fore the Subcommittee on Public pertise across the full range of interagency (b) HEIGHTENED INSPECTIONS.— Lands and Forests of the Committee on initiatives to enhance protection and en- (1) IN GENERAL.—The Secretary of Health Energy and Natural Resources. forcement of intellectual property rights. and Human Services (referred to in this sec- The hearing will be held on Wednes- (5) When other countries do not respect the tion as the ‘‘Secretary’’) shall, by regulation, day, May 30, at 12 p.m. in the Medford intellectual property of American drug com- enhance, as necessary, the inspection regime City Council Chambers at 411 West 8th panies, all patients suffer because of dimin- of the Food and Drug Administration for Street in Medford, Oregon. ished incentives to develop new life-saving aquaculture and seafood, consistent with ob- The purpose of the hearing is to re- ligations of the United States under inter- medications and the American economy is ceive testimony on the impacts of the unfairly harmed. national agreements and United States law. (6) Strong intellectual property protection, (2) CONTENT.—The Secretary shall ensure Chinese hardwood plywood trade on the including patent, copyright, trademark, and that the regulations promulgated under National Forest System and other pub- data protection plays an integral role in fos- paragraph (1) to enhance the inspection re- lic lands, and the communities that de- tering economic growth and development gime— pend on them. and ensuring patient access to the most ef- (A) ensure that aquaculture and seafood Because of the limited time available fective medicines around the world. products are not contaminated with sub- for the hearing, witnesses may testify (7) Certain countries have engaged in un- stances that are not approved for use in food by invitation only. However, those fair price manipulation and abuse of compul- in the United States; wishing to submit written testimony sory licensing. This results in Americans (B) include the authority to refuse imports for the hearing record should send it to of such products from a foreign facility if a bearing the majority of research and devel- the Committee on Energy and Natural opment costs for the world, undermines the requested inspection of the foreign facility is value of existing United States pharma- refused or unnecessarily delayed; Resources, United States Senate, ceutical patents and could impede access to (C) take into account whether the United Washington, DC 20510–6150, or by e-mail important therapies. States has a cooperative agreement regard- to [email protected] (8) There is a growing global threat of ing aquaculture and seafood inspection; and .gov. counterfeit medicines and increased need for (D) provide for an assessment of the risk For further information, please con- the United States Trade Representative and associated with particular contaminants. tact Scott Miller at (202) 224–5488 or other United States agencies to use available (c) REPORT TO CONGRESS.—Not later than Rachel Pasternack at (202) 224–0883. trade policy measures to strengthen laws 90 days after the date of enactment of this and enforcement abroad to prevent harm to Act, the Secretary shall submit to Congress f United States patients and patients around a report that describes— UNANIMOUS-CONSENT AGREE- the world. (1) the specifics of the aquaculture and sea- MENT—EXECUTIVE CALENDAR (b) SENSE OF THE SENATE.—It is the sense food inspection program; and of the Senate that— (2) the feasibility of developing a Mr. BROWN. Mr. President, I ask (1) the United States Trade Representative traceability system for all catfish and sea- unanimous consent that at 11:50 tomor- should use all the tools at the disposal of the food products, both domestic and imported, row, the Senate proceed to executive

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5669 session to consider Executive Calendar The preamble was agreed to. Whereas the tornado is the first EF-5 on No. 84, the nomination of Frederick J. The resolution, with its preamble, the Enhanced Fujita scale, and the first F-5 Kapala to be a U.S. district judge, reads as follows: on the previous scale since 1999; Whereas approximately 95 percent of there be 20 minutes of debate equally S. RES. 189 Greensburg is destroyed; divided between the chairman and Whereas, in the cases of District of Colum- Whereas 1,500 residents have been displaced ranking member of the Judiciary Com- bia v. Ellen E. Barfield (Cr. No. 07–3133), Eve- from their homes; and mittee or their designees, and at the Leona Tetaz (Cr. No. 07–3144), Jeffrey A. Leys Whereas, in response to the declaration by conclusion or yielding back of time, (Cr. No. 07–5009), and Jerome A. Zawada (Cr. the President of a major disaster, the Ad- the Senate vote without any inter- No. 07–5088), pending in the Superior Court ministrator of the Federal Emergency Man- vening action on the nomination; that for the District of Columbia, testimony has agement Agency has made Federal disaster been requested from Katie Landi, an em- assistance available for the State of Kansas the motion to reconsider be laid on the ployee in the office of Senator John McCain; table, the President be immediately to assist in local recovery efforts: Now, Whereas, pursuant to sections 703(a) and therefore, be it notified of the Senate’s action, and the 704(a)(2) of the Ethics in Government Act of Resolved, That the Senate expresses the Senate then return to legislative ses- 1978,2 U.S.C. §§ 288b(a) and 288c(a)(2), the Sen- condolences of the Nation to the community sion. ate may direct its counsel to represent em- of Greensburg, Kansas, and its gratitude to The PRESIDING OFFICER. Without ployees of the Senate with respect to any local, State, and National law enforcement objection, it is so ordered. subpoena, order, or request for testimony re- and emergency responders conducting search lating to their official responsibilities; and rescue operations. f Whereas, by the privileges of the Senate of ORDER FOR STAR PRINT—S. 1138 the United States and Rule XI of the Stand- f ing Rules of the Senate, no evidence under Mr. BROWN. I ask unanimous con- the control or in the possession of the Senate MEASURE READ THE FIRST TIME sent that S. 1138 be star printed with may, by the judicial or administrative proc- the changes at the desk. ess, be taken from such control or possession Mr. BROWN. I understand that S. The PRESIDING OFFICER. Without but by permission of the Senate; 1312, introduced earlier today by Sen- objection, it is so ordered. Whereas, when it appears that evidence ator DEMINT and others, is at the desk, under the control or in the possession of the f and I ask for its first reading. Senate may promote the administration of The PRESIDING OFFICER. The justice, the Senate will take such action as BY SENATE LEGAL COUNSEL clerk will read the bill by title for the AUTHORIZATION will promote the ends of justice consistent with the privileges of the Senate: Now, first time. Mr. BROWN. I ask unanimous con- therefore, be it The legislative clerk read as follows: sent that the Senate proceed to the im- Resolved, That Katie Landi and any other A bill (S. 1312) to amend the National mediate consideration of S. Res. 189 employees of Senator McCain’s office from Labor Relations Act to ensure the right of submitted earlier today. whom testimony may be required are au- employees to a secret-ballot election con- The PRESIDING OFFICER. The thorized to testify in the cases of District of ducted by the National Labor Relations clerk will report the resolution by Columbia v. Ellen E. Barfield, Eve-Leona Board. title. Tetaz, Jeffrey A. Leys, and Jerome A. Mr. BROWN. I now ask for its second Zawada, except concerning matters for The legislative clerk read as follows: which a privilege should be asserted. reading and object to my own request. A resolution (S. Res. 189) to authorize tes- SEC. 2. The Senate Legal Counsel is author- The PRESIDING OFFICER. Objec- timony and legal representation in the Dis- ized to represent Katie Landi and other em- tion is heard. trict of Columbia v. Ellen E. Barfield, Eve- ployees of Senator McCain’s staff in the ac- Leona Tetaz, Jeffrey A. Leys, and Jerome A. tions referenced in section one of this resolu- f Zawada. tion. There being no objection, the Senate f ORDERS FOR TUESDAY, MAY 8, 2007 proceeded to consider the resolution. EXPRESSING CONDOLENCES TO Mr. REID. Mr. President, this resolu- GREENSBURG, KS Mr. BROWN. Mr. President, I ask tion concerns a request for testimony unanimous consent that when the Sen- and representation in actions pending Mr. BROWN. I ask unanimous con- ate completes its business today, it in the Superior Court for the District sent that the Senate now proceed to stand adjourned until 10 a.m., Tuesday, of Columbia. In these actions, anti-war the consideration of S. Res. 190 which May 8; that on Tuesday, following the protesters have been charged with un- was submitted earlier today. prayer and pledge, the Journal of pro- lawful assembly for refusing repeated The PRESIDING OFFICER. The ceedings be approved to date, the requests to leave Senator MCCAIN’s clerk will report the resolution by morning hour be deemed expired, and Washington, DC., office on or about title. the time for the two leaders reserved February 5, 2007. Trials of these defend- The legislative clerk read as follows: for their use later in the day; that ants are scheduled to commence on A resolution (S. Res. 190) expressing the there then be a period of morning busi- May 11, 2007. The prosecution has re- condolences of the Nation to the community ness for 60 minutes, with Senators per- of Greensburg, Kansas. quested that a member of the Senator’s mitted to speak therein for up to 10 staff who had conversations with the There being no objection, the Senate minutes each, with the first half under defendants during the events in ques- proceeded to consider the resolution. the control of the majority and the section testify in this case. Senator Mr. BROWN. I ask unanimous con- ond half under the control of the Re- sent that the resolution be agreed to, MCCAIN would like to cooperate by pro- publicans; that at the close of morning viding testimony from his staff. This the preamble be agreed to, and the mo- business, the Senate resume consider- resolution would authorize that staff tion to reconsider be laid upon the ation of S. 1082; that on Tuesday, fol- member, and any other employee of table. lowing the vote on the judicial nomina- The PRESIDING OFFICER. Without Senator MCCAIN’s office from whom tion, the Senate stand in recess until evidence may be required, to testify in objection, it is so ordered. 2:15 p.m., in order to accommodate the The resolution (S. Res. 190) was this action, with representation by the regular party conference meetings; agreed to. Senate Legal Counsel. that all time during any recess, ad- The preamble was agreed to. Mr. BROWN. I ask unanimous con- journment, and period of morning busi- The resolution, with its preamble, sent that the resolution be agreed to, ness count postcloture, and that any reads as follows: the preamble agreed to, the motion to time used in morning business by any reconsider be laid upon the table, and S. RES. 190 Member be charged against their hour that any statements relating thereto Whereas, on Friday, May 4, 2007, a tornado postcloture; provided further that struck the community of Greensburg, Kan- be printed in the RECORD. Members have until 10:30 a.m. Tuesday sas; The PRESIDING OFFICER. Without Whereas this tornado was classified as an to file any second-degree amendments, objection, it is so ordered. EF-5, the strongest possible type, by the Na- notwithstanding rule XXII. The resolution (S. Res. 189) was tional Weather Service, with winds esti- The PRESIDING OFFICER. Without agreed to. mated at 205 miles per hour; objection, it is so ordered.

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5670 CONGRESSIONAL RECORD — SENATE May 7, 2007 ORDER FOR ADJOURNMENT away from the discussions, and they and Commerce, depending on American Mr. BROWN. If there is no further say this isn’t good enough or I don’t needs. business to come before the Senate like this, but that is negotiation, hope- Workers would be eligible to apply today, I ask unanimous consent that fully, and we can work forward with it. for green cards through regular chan- the Senate stand adjourned under the Let me just tell you some of the things nels. Regular channels are adjusted to previous order, following the remarks that are in this bill that were not in a more merit-based system. It would of the Senator from Alabama. last year’s legislation. include a merit-based system. I think The PRESIDING OFFICER. Without There is an enforcement trigger. Be- this is a great improvement over last objection, it is so ordered. fore any new immigration programs or year’s legislation. But I have to tell The Senator from Alabama. green card adjustments could begin, you, I am concerned about people com- the principles in the Powerpoint would ing to stay more than 1 year because I f require an ‘‘enforcement trigger’’ to be think it becomes more and more dif- IMMIGRATION REFORM met. Senator ISAKSON from Georgia of- ficult for them to leave. They are less fered that. He basically said: We are likely to leave. Many of them are more Mr. SESSIONS. Mr. President, I hope not going to trust you this time—the likely to violate the law and just we are not moving forward with a plan American people are not. We want to embed and stay. I think a 1-year plan that would introduce the immigration see that you follow through on the would be far better. But those are bill we considered in the Senate last things that are critical to a lawful im- things that are being talked about year. That is what I am hearing. I be- migration system before we pass the which would be substantially better lieve there are talks ongoing today—bi- green card adjustments and deal with than last year’s legislation. partisan talks—talks in which the those other issues. There is a seasonal worker program White House and other members of the It also requires that the Border Pa- that makes much more sense than President’s Cabinet are participating trol be increased to the numbers agreed what was in last year’s bill. The prin- where they are at least talking about a upon—with a total of 18,300. It is one ciples also contain a ‘‘new and im- framework of a comprehensive immi- thing to say we are going to authorize proved’’ seasonal worker program that gration reform of which we could be 18,000 Border Patrol agents, which I would combine the current agricul- proud. think is a minimum, really not suffi- tural—the H–2A plan—and unskilled— The bill that was introduced last cient to cover the border—but it is an H–2B—seasonal worker programs. We year was fatally flawed. It was not the increase of significance. We are not combine those two programs, as they kind of legislation we should have going to go forward with the bill until should be combined, because they are passed. If it had been passed, it would you actually hire them and put them each for temporary workers. never have worked and would have on the payroll and train them and they Workers could remain in this country been an embarrassment to the Senate. are out there. for 9 months at a time, under this pro- I cannot say how strongly I believe Also, 200 miles of vehicle barriers and posal, and would be required to return that to be true. There was no way we 370 miles of fencing must be con- to their home countries for 3 months in could repair that bill by amendment. I structed. We talked about that, and I between. This is a temporary worker talked about that last year. It was im- offered the amendment. It passed sev- program that appears to be actually portant that we start over with a new eral times and eventually was passed temporary, unlike last year’s legisla- piece of legislation. We worked on it, last year. tion, in which the temporary guest and a majority of the Republicans in The catch and release at the border worker program in last year’s immi- the Senate, last year, voted against the must be ended. This idea of catching gration bill said an individual could bill. The House refused to even con- people at the border who have violated come to this country temporarily, but sider it. They would not take it up. our immigration laws and have come they could bring their wife and chil- Four Democrats voted against the bill into the country illegally—they are dren. They could come for 3 years. last year. being taken inland, taken before some That 3 years could be extended again So the only way to enact comprehen- administrative officer or judge and re- and again and again. And they could sive immigration legislation is to start leased on bail and asked to come back. apply for citizenship within the first over and write a new bill on which both Well, 95 percent are not showing up. year they got here. That was the tem- the Democrats and a majority of Re- That is what they wanted to do: to be porary worker program last year. How publicans can agree. Until this week, I brought into America. They were re- broken was that? It would never have had hopes that was ongoing. I have not leased on bail. Nobody ever went out worked. People bring their children, been in the detailed negotiations, but I and found them or looked for them. It they get settled in the country, a dec- have been briefed on some of the is just a broken system. It is not work- ade goes by. Who is going to be able to framework for reform that, to me, is ing. Those are things that are part of ask them to leave? What kind of pain- very consistent with what I pleaded the trigger as to what has to be fixed ful scene would that be? Teachers, with my colleagues last year to do. before we go forward with the legisla- preachers, family members, neigh- Now, over the past several weeks, up tion. That would be in the principles. bors—they have gotten to know people. to 10 Members of the Senate have been The future flow of temporary work- They have a whole new mindset, an in- actively meeting to write a new bill. ers is critical. As to the future flow correct mindset. They started with the principles laid temporary worker program, the so- The bill, last year, said ‘‘temporary out by the White House in a 23-page called Y visas—the principles outline a guest worker program,’’ and this is Powerpoint that promptly got leaked. new program for truly temporary what it was. It was really a permanent Maybe they wanted it leaked. I don’t workers. The White House plan would entry into the country for very ex- know. Those Powerpoints just have one admit new workers for 2 years and tended periods of time where it could or two lines. They do not have fine could be renewed three times, for a be difficult for people to leave. print. But they do set fourth agenda total of 6 years. Under this plan, the outline that is items and principles. Between each 2-year period, workers being discussed, they could actually The principles laid out in that would be required to return to their work—and it is what I suggested last Powerpoint are much closer to a bill I home countries for 6 months. Workers year—and spouses and children would could support and I think the Amer- could not bring their spouses or their remain in the worker’s home country. ican people would be willing to sup- children but could return home to visit Renewals under the seasonal program port. them if they choose. They would be would be unlimited, which may be This is what they included in that able to go back and forth as often as problematic. We would need to discuss presentation. Although I am not in- they liked. There is no cap specified in that some. volved in the details, I think it is what the White House plan, but the plan en- But these workers would also be eli- Members are discussing at this mo- visions an annual cap set by the Sec- gible to apply for green cards under ment—have been discussing, at least. retary of Homeland Security in con- regular channels, if they are willing to Apparently, people periodically walk sultation with the Secretaries of Labor compete against others on a merit-

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5671 based basis to see whether or not they program, and it absolutely was not. It with S. 2611, the McCain-Kennedy bill which could come. would never have worked. But the peo- cleared the Senate last year. Then the principles focus on a more ple who wrote it—I think that was The New York Times reported a simi- merit-based entry policy into the their plan. They never wanted it to lar story: United States. The principles I hear work to begin with. That is the true Senator Edward M. Kennedy has aban- being discussed would eliminate the fact about it. So the fine print could doned efforts to produce a new immigration Diversity Visa Lottery and some chain contain things that will not work. bill and is proposing using legislation pro- migration categories, such as brothers So I think the framework, the out- duced last March by the Senate Judiciary and sisters and adult siblings of U.S. line, if we are honest and serious, could Committee as the starting point for negotiations this year. Mr. Kennedy dismissed the citizens. be the basis for a historic reform of im- notion that his efforts to produce a new im- Green cards that have been given out migration that could actually work, migration bill had failed. He said he had de- for those individuals would be trans- that we could actually be proud of. It is cided that the committee report was the best ferred over to a point system which se- possible. But there are forces, special starting point. lects legal permanent resident appli- interests that are driving this process, We have had extensive hearings on the es- cants based on merit. So I am con- and they do not respect the views of sential aspects of this bill, cerned that the White House plan also the American people. They want to Mr. KENNEDY said. appears to increase the total number of ram it through on their terms, and We are effectively ready to mark up and green cards available each year. Page they want to have it say what they for going to the floor. 21 of the Powerpoint indicates that 1.4 want it to say. I am very disappointed—beyond dis- million green cards would be available This is what the news reports are appointed—to hear those news reports. each year. We are at about 1 million saying, and I am getting very con- I have been pleased, I guess, today that now. That would be a 40-percent in- cerned about it. It is now being reso far these plans haven’t come to fru- crease. I want to look at that carefully. ported that instead of being patient ition, that the majority has begun to But I like the idea of the entry being and waiting for this new bipartisan bill engage or has continued to engage Re- based on a more meritorious program. to be completed and actually written publican Senators and the White House They have a plan to clear the current up so people can read it, the majority in a real effort to write a good bill. I backlog of green card applications, leader, Senator REID, is forcing the im- hope that is what the majority will which also has dangers in that it could migration bill to this floor Wednesday, continue to do. substantially increase the number of May 9, the day after tomorrow. Accord- I hope the majority will abandon last people who would come. I am not sure ing to Roll Call, this morning: year’s fatally flawed bill, not start comprehensive immigration reform is According to an aide to Reid, the Majority with it. It cannot be amended and an designed to increase—at least the leader is expected to bring up the . . . pack- effective bill created. It means this American people have an idea that it is age passed by the Judiciary Committee last cannot be the starting point to come to designed to increase dramatically the year . . . if negotiations produce a deal he the floor with a new bill this Congress. number of people who come legally will allow lawmakers to propose it as a sub- I implore our leadership to continue stitute amendment. . . . today. I don’t think that is what most trying to write a bill that a majority of people have in mind when they think Now, this plan is not a wise approach. Republicans could support, that is pos- about immigration reform. Why do we want to bring up a piece of sible if we follow through on the real What about the population that is legislation that is fatally flawed, that principles people are talking about and here today illegally? This plan that is should never, ever become law? I see no saying they can agree to. being discussed would have given legal reason. I have one idea, though, or one It is not a question of the principles status to illegal aliens currently in the suspicion I am going to discuss. we are dealing with. The question is: country through a new ‘‘Z’’ visa, which It puts undue pressure, an artificial Will we write the bill in such a way would be renewable indefinitely. Those timeline, on those who are trying to that the principles are carried out? holding Z visas will be eligible to apply work through this extremely complex That is the key thing. It was not done for green cards through regular chan- and important piece of legislation we last year. In 1986, it was to be the am- nels after they go back, ‘‘touchback,’’ do not need. We don’t have to set that nesty to end all amnesties. They had 3 across the border. But regular channels kind of deadline. What we need them to million people—I think they thought are adjusted to a more merit-based sys- do is to spend the necessary time to there were 2 million people—here ille- tem. So they would have to compete produce a strong, thoughtful, bipar- gally. They created amnesty for them with people who have other qualities tisan product that will actually work. and they promised we would pass a new and merits that may make them less That is what we need to do. Then we law and that this new law would be likely to be admitted. can vote for it with pride instead of such that we wouldn’t have to do am- If these principles are the ones that trying to sneak it through this Senate nesty again. That was in 1986, 20 years form the framework for a newly draft- without anybody knowing what is ac- ago. We had, it turned out, 3 million ed, bipartisan bill, then I think it is tually in it. As I said last week when I people who claimed the amnesty. possible that we could successfully heard about this plan, the Democratic What has happened since? Now we enact immigration reform this year. leadership acts as if this is another have 12 million people here illegally— Now, I cannot tell you that I am piece of everyday legislation, but it is maybe 20 million—who knows for sure. going to be able to vote for this plan in not. The immigration bill is one of the So why wouldn’t we learn from that? the end because I intend to read the most important to come through the Why wouldn’t we understand this is not fine print. That is what I learned last Senate in the decade I have been here. a political football to be kicked down year. The rubric, the caption in the bill I believe that. I think the American the field? This is important legislation last year was ‘‘temporary guest worker people understand that. So this option that ought to be passed and written program’’ in big print right in the mid- is not new. correctly, so 5 years from now, we can dle of the bill. Then, when you read it, In April, we heard news reports that go to our constituents and say: We did what did you find? We found that the the Democratic majority would be something good. It is working as we individuals came here for 3 years, with abandoning efforts to write a new bill promised you it would work. Why not? their family, and they could reup, reup and would be starting with the fatally Well, I will tell my colleagues what for 3 years, time and time again, and, flawed bill produced by the Judiciary appears to me to be happening. By frankly were never going to leave this Committee last Congress. bringing up the old bill, last year’s bill, ‘‘Immigration Daily,’’ an online im- country. which many people in this Senate It was not a temporary guest worker migration law publication, reported: voted for and probably still believe is program at all. It was a scheme to con- There is good reason to believe that the good legislation, though it certainly is fuse the American people about the CIR—that is the Comprehensive Immigration not, they can start it—they can start it Reform— real meaning of it. In fact, I think it Language will finally be introduced on the and go forward with this bill that per- confused Senators. I think they Senate floor within 2 weeks or less. What haps they never intend to be offered as thought it was a temporary worker will the CIR language look like? CIR begins the final legislation. You burn the time

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5672 CONGRESSIONAL RECORD — SENATE May 7, 2007 on the motion to proceed to the bill for an opportunity to apply to come to ment, we need fencing, we need more the bill to be discussed, and they can America? We need to work on that. We Border Patrol, we need an end catch go past that and move to proceed to can do it. There is a framework here and release. They never came to Con- the bill, and then file for cloture on the that, if fleshed out with good legisla- gress and said the law was not being bill, and then offer a substitute, 700, 800 tion, good language, enforceability, we enforced. American constituents talk pages. That is how many pages it was can be proud of. to Members of Congress and the Mem- last year—over 600. If they write this I am afraid that is not what we are bers of the Senate and explain about one well this year, it should be more doing. I am afraid there is an attempt the plain as day illegality that is going than that. They drop a 700, 800-page bill here to move a fast one. I am afraid the on, and the Congress is trying to make and substitute the old bill, and there is masters of the universe who run this the system be enforced. My colleague, no time to debate it, and they slide it place, some on both sides of the aisle, the Presiding Officer, is a former U.S. right through, railroad time. I am tell- don’t want the American people to attorney. The President, the executive ing my colleagues, that appears to me know what is in the bill. They don’t branch has the responsibility to en- to be what it is about. That would be trust them to be in on the negotia- force the law, not the Congress. What an abrogation of our responsibility. tions. They want to do it and slide it do we know about how to catch all The American people care about this through. these people. They ought to be asking legislation. The American people are I remember last year we offered— us for the laws. They should be telling not unengaged. They know something someone offered a good amendment, I us what is needed. But no, no, because compassionate is going to have to be think it was the Isakson amendment, nobody, not any President since 1986, done about the 12 million people, but I on a trigger, and one of the Senators has ever taken his responsibility to en- think most people agree with me that said: Oh, we can’t accept that amend- force the laws of the United States se- someone who came here illegally ment. Why not? We can’t accept it be- riously as they apply to immigration. should not be given every single benefit cause it would upset that delicate bal- So that is what we have. we give to somebody who comes here ance of negotiations with the parties I have points I will not go into to- legally. We need to set a principle that who put this bill together. So I asked: night that detail the incredible flaws we are not going to reward illegal be- Who were they? Who are these parties that existed in last year’s bill. havior in the future. So you work who put the bill together? Where did Senator SPECTER offered a bill that I something out on that, and you work they meet? Did they have votes? Did didn’t favor, but it was better—he was something out on these other complex people elect them to go in this caucus chairman of the Judiciary Committee issues, and we set up a policy of immi- to write this piece of junk that was the last year—it was better than the other gration for the future that reflects bill last year? Who was that? Oh, they two that arose. After he offered it in some of the principles Canada has: its wouldn’t talk about who actually Judiciary Committee, we went on in a point system, its merit-based system. wrote the bill. They wanted to ram it day or so, or two or three, and we had That was never discussed last year. Not through, and nobody could amend it this deadline. Like Senator REID, Sen- one hint of it is in the bill Senator because it would upset their delicate ator FRIST said: I have to have the bill REID is apparently intending to bring compromise. Well, phooey on that. We out Monday. If you don’t bring it out up on Wednesday. need to do this in the light of day. We Monday, I am going to introduce an- How can we possibly talk about com- need to stand up and explain to our other bill—a pretty good bill, actually, prehensive immigration reform and constituents and ask them to support a which was an enforcement-oriented never consider a merit-based immigra- good bill, and we need to stand up and bill. Also, the Judiciary Committee got tion system? Isn’t America based on oppose a bill that is a bad bill. We are in a flutter, and we ran around, and merit? Don’t we know far more people going to live with it, as we have lived Senator KENNEDY offered the sub- want to come here than can be accept- for over 20 years now with 1986, that stitute—Kennedy-McCain. The Specter ed? Don’t we know Australia does that, failed piece of legislation that had so bill was gone, and an entirely new Ken- New Zealand does that, the United much promise and people were so nedy-McCain bill was on the floor. Kingdom is looking at that—all devel- happy about when it passed, and it Then the controversial AgJOBS por- oped and highly sophisticated nations never worked. tion of immigration that had been committed to humanity and civil There are several reasons we need to floating around here and had been rights, world leaders in that regard. be cautious. You can put in a piece of blocked over the years was offered up Are their proposals somehow immoral legislation an authorization to add a as an amendment to Kennedy-McCain, and unfit? Of course not. Those ideas bunch of Border Patrol officers or and it was added with no debate. We were not even discussed in last year’s workplace enforcement rules, or you voted this out and it was on the floor, bill. So they say we might have some- can put in an authorization to spend and the next day we were debating this thing such as that in this legislation. money to create a computer system 600-page bill. Well, let’s see it. Let’s see what the that will actually work, and it can. We That is not the way to do business in words say. What is it going to say? Is it can create a system that will work, but the Senate. My chief counsel here stud- going to be like last year when it said authorizing doesn’t mean anything. ied this legislation, and we read the ‘‘temporary guest worker,’’ and that That doesn’t mean anything. You have fine print, that 600 pages, and when we was nothing but a sham when you read to come up with money, and the money looked at it, we were shocked at the the fine print under it? Is that what we comes up in the years to come. If this loopholes it contained. We identified— are going to get this year, a bill they Congress isn’t serious about what it is and I spoke here several hours on it—17 ram through at the last minute, burn- doing and we pass a bill that authorizes loopholes in that legislation. It began ing the time for debate so we have only a bunch of provisions that could actu- to lose steam. We found out just, for the most minimal time to debate? Is ally help and be worthwhile and we example—mind you, Senator REID, I that the plan? I hope the American never come up with the money to do it, understand from the New York Times people are keeping their eye on this the system is going to collapse as badly and others, is talking about intro- one. They deserve more. The American as it is right now. ducing the Judiciary Committee bill. people are concerned about immigra- We need a national debate, a national This is what the Judiciary Committee tion. It is an important issue. It is a consensus on a good piece of legisla- bill would have done last year, the one very important issue to us. tion. The President needs to be com- that passed out of the Committee, the We had a group from Ireland testify mitted to leading instead of under- so-called McCain-Kennedy bill. Under at the Judiciary Committee last year mining the enforcement of laws. They current law, over the next 20 years, and they told us only 2,000 people got are getting a little better in the White this Nation would issue 18.9 million into our country from Ireland last House now, but Presidents in the past green cards—quite a substantial num- year. We had over 1 million come in le- have had no interest whatsoever in see- ber. Under the Kennedy-McCain bill gally. What is this? How do we create a ing immigration laws passed. If they passed out of committee last year— system that does not give people did, they would have come to Congress hold your hat—it would have been, at a throughout the world an equal chance, and said: We need more border enforce- minimum, 78 million over 20 years to

VerDate Mar 15 2010 21:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S07MY7.REC S07MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 7, 2007 CONGRESSIONAL RECORD — SENATE S5673 as many as 200 million. That is two- new language that nobody has read and ADJOURNMENT UNTIL 10 A.M. thirds of the current population of the ram it through the Senate. The Amer- TOMORROW United States of America. They tried ican people should not be happy with The PRESIDING OFFICER. Under to move that bill without amendments. that. the previous order, the Senate stands I cannot recall the gymnastics they Mr. President, I thank the Chair for adjourned until 10 a.m. tomorrow. went through, but they were even de- his patience and those who listened to nying Senators KYL and CORNYN my remarks. I believe we can do some- Thereupon, the Senate, at 6:51 p.m., amendments they wanted to have, and thing better. I support real and genuine adjourned until Tuesday, May 8, 2007, Senator REID wanted no amendments. reform of immigration in America. I at 10 a.m. Finally, we began to have amend- will support legislation that provides a ments. Senator BINGAMAN offered two compassionate solution to the people f amendments, eventually, as time went who have been here for years and have by. It was brought back the third time. been dutiful, law-abiding people except NOMINATIONS They brought those numbers down for their illegal presence. We can work from 78 million and 200 million to 53 Executive nominations received by through those things. the Senate May 7, 2007: million, almost 3 times the current We need a future flow system, much rate of immigration. more like Canada’s, much more like DEPARTMENT OF COMMERCE So Senator REID, as I understand it, New Zealand’s. We need a temporary WILLIAM G. SUTTON, JR., OF VIRGINIA, TO BE AN AS- according to a news report, is talking SISTANT SECRETARY OF COMMERCE, VICE ALBERT A. worker program that is really tem- FRINK, JR. about bringing up the Judiciary Com- porary. We need a workplace enforce- mittee bill. This is not the 53 million FOREIGN SERVICE ment system that the average em- people being brought in here perma- THE FOLLOWING-NAMED CAREER MEMBERS OF THE ployer will have no problem in fol- nently with a green card—permanent SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- lowing. We need a biometric, identi- NATIONAL DEVELOPMENT FOR PROMOTION WITHIN AND residents—but we would go back to the INTO THE SENIOR FOREIGN SERVICE TO THE CLASSES fying cards for immigrant workers so 78 million to 200 million. How amazing INDICATED: they cannot be illegally forged. That is CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, is that? CLASS OF CAREER MINISTER: So I am just flabbergasted by the all possible to do if we want to do it— unless the people who are driving this JOHN E. PETERS, OF FLORIDA way this matter is being treated. There CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, is only one way to do it; that is, we bill, the architects of this, just want to CLASS OF MINISTER-COUNSELOR: stand up like real Senators and we go through the motions of creating an WILLIAM A. BREKKE, OF SOUTH DAKOTA immigration system that would work, IRA E. KASOFF, OF CALIFORNIA write a bill and work out a bill, and we CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, give the Members of the Senate the unless that is their plan, to just go CLASS OF COUNSELOR: time to read it, time for the American through the motions and pass a bill JOHN D. BREIDENSTINE, OF PENNSYLVANIA that has no chance of being successful, JANICE A. CORBETT, OF OHIO people to understand what is in it, and AMER M. KAYANI, OF CALIFORNIA see if it can be amended and made bet- just like we did in 1986, and 8 or 10 MARGARET A. KESHISHIAN, OF CALIFORNIA ANDREW P. WYLEGALA, OF WASHINGTON ter, and make sure it will actually years later, they can say: We are heart- work, not just be a political show—not broken; we thought it was going to IN THE ARMY some political sham but a piece of leg- work. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT I think we can do it, and I think we TO THE GRADE INDICATED IN THE UNITED STATES ARMY islation that would actually work, and UNDER TITLE 10, U.S.C., SECTION 624: then we would pass it. We would be re- ought to do it. I hope the majority To be brigadier general sponsible to our constituents for a leader will not bring up the last year’s ‘‘yes’’ or ‘‘no’’ vote because we do need bills—any one of them—and that he COL. CHARLES W. HOOPER, 0000 to pass comprehensive reform. I said will bring up the bill that was drafted THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED that many times last year. Of course, through this compromise process be- UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: cause I think it at least has some pos- we need that. To be brigadier general The whole system is broken. Nothing sibility to be a bill we could support, about it works. Of course, we need to unlike the one last year, and then we COL. LOREE K. SUTTON, 0000 can study it and debate it. The Amer- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT reform it from the ground up. But the AS CHIEF OF CHAPLAINS, UNITED STATES ARMY AND AP- legislation last year is no place to ican people could be engaged in it, and POINTMENT TO THE GRADE INDICATED UNDER TITLE 10, start. We don’t need to be using some we ought to stand up and vote and do U.S.C., SECTION 3036: gimmick to get the bill up, with last the right thing for America. To be major general year’s language, and then substitute I yield the floor. BRIG. GEN. DOUGLAS L. CARVER, 0000

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TRIBUTE TO THE NORCROSS HIGH TRIBUTE TO HUDSON’S TRIBUTE TO GENERAL PETER J. SCHOOL BOYS BASKETBALL TEAM SCHOOMAKER HON. BILL SALI HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. HON. IKE SKELTON OF IDAHO OF MISSOURI OF GEORGIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Monday, May 7, 2007 Monday, May 7, 2007 Monday, May 7, 2007 Mr. SKELTON. Madam Speaker, a distin- Mr. SALI. Madam Speaker, I rise today to Mr. JOHNSON of Georgia. Madam Speaker, guished career in the United States Army has honor a distinctly American treasure: a burger in the Fourth Congressional District of come to an end. General Peter J. Schoomaker done right. I have the privilege of housing in Goergia, only a few schools excel III competi- recently retired after 35 years of service. my district a burger joint that has been around tion on a State level that ignites a community. General Schoomaker graduated from the for over a century and was recently chronicled Under the leadership and guidance of University of Wyoming in 1969 with a Bachelor in the Wall Street Journal’s Raymond Coach Eddie Martin, the Norcross High School of Science degree and later received a Master Sokolov’s quest to find America’s best burger. Boys Basketball team has won a State Cham- of Arts degree in Management from Central pionship for the school, the city of Norcross Hudson’s, located in Coeur d’Alene, Idaho, Michigan University. In addition, Hampden- and our beloved Fourth Congressional District. was founded by Harley Hudson in March 1907 Sydney College awarded him an Honorary These Blazing Blue Devils of Norcross have and is run by his great grandson Steve Hud- Doctorate of Laws. His military education in- demonstrated the will to win, the courage to son. Hudson’s best known burger, the cludes the Marine Corps Amphibious Warfare win, the mechanics of teamwork and the as- Huddyburger is, as Sokolov reports, ‘‘certainly School, the United States Army Command tounding spirit of triumph from a mental and the best $2 burger in creation,’’ the ‘‘Platonic and General Staff College, the National War physical battle. ideal of burgerdom.’’ College, and the John F. Kennedy School of The 9th day of March, 2007 will go down in Madam Speaker, my great state is known Government Program for Senior Executives in history as the Day that our Norcross High for many things: pristine rivers and lakes, gor- National and International Security Manage- School Boys Basketball team became the geous mountains, an abundance of natural re- ment. AAAAA Champions of Georgia. sources, and hardworking citizens, but today I On August 1, 2003, General Schoomaker The team has exhibited great moral char- rise to recognize it for one of its lesser known became the 35th Chief of Staff, United States acter on and off the basketball court and gifts to this country: the Huddyburger. Army. Prior to this assignment, he spent 31 through the halls of Norcross High. The Huddyburger and the Hudson family years in a variety of command and staff as- I was pleased to set aside April 21, 2007 to represent what is great about America: inge- signments with both conventional and special honor and recognize the Norcross High nuity, hard work, perseverance and dedication. operations forces. General Schoomaker has School Basketball Team for its victory for our I wish them the best and look forward to con- taken part in various deployment operations District. tinued success by the people of Idaho. around the world, including Desert One in Iran, Urgent Fury in Grenada, Just Cause in f f Panama, Desert Shield/Desert Storm in South- west Asia, Uphold Democracy In Haiti, and TRIBUTE TO THE CITY OF TRIBUTE TO JAMAAL RASHARD supported various worldwide joint contingency LEXINGTON ADDISON operations, including those in the Balkans. General Schoomaker’s distinguished career HON. IKE SKELTON has been recognized by his peers as he has HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. been awarded: the Defense Distinguished OF MISSOURI OF GEORGIA Service Medal, two Army Distinguished Serv- IN THE HOUSE OF REPRESENTATIVES ice Medals, four Defense Superior Service IN THE HOUSE OF REPRESENTATIVES Monday, May 7, 2007 Medals, three Legions of Merit, two Bronze Monday, May 7, 2007 Star Medals, two Defense Meritorious Service Mr. SKELTON. Madam Speaker, let me Medals, three Meritorious Service Medals, the take this means to recognize the fine accom- Mr. JOHNSON of Georgia. Madam Speaker, Joint Service Commendation Medal, Joint plishments of my hometown, Lexington, Mis- in the Fourth Congressional District of Geor- Service Achievement Medal, Combat Infantry- souri, and its commitment to creating a more gia, there are many individuals who are called man Badge, Master Parachutist Badge and beautiful and historic community. to contribute to the needs of our community HALO Wings, the Special Forces Tab, and the Last month, Discover Mid-America’s Des- through leadership and service. Ranger Tab. tinations 2007 named Lexington first among Jamaal Rashard Addison was born on Octo- Madam Speaker, I know the members of historic towns, and Rural Missouri picked Lex- ber 7, 1980 and began his education in the the House will join me in commending General ington as its editor’s choice for most beautiful DeKalb County Educational School system Schoomaker for a career of faithful service to town. Discover Mid-America said, ‘‘Lexington and graduated from Lakeside High School his Nation and wish him well in his retirement. is one of those special Midwestern towns that with honors. f people return to time and again. Lexington has Jamaal Rashard Addison enlisted in the PAYING TRIBUTE TO ANER more pre-Civil War homes and buildings than United States Army on March 1, 2000 and IGLESIAS any other community regardless of size in the faithfully served this country until March 23, state of Missouri, over 120, and numerous 2003, when he became Georgia’s first fallen quaint and comfortable Bed & Breakfast inns.’’ soldier in the Iraq war. HON. JON C. PORTER In its article, Rural Missouri said, ‘‘You will This remarkable young man gave of himself, OF NEVADA love the antebellum charm of Lexington’s his- IN THE HOUSE OF REPRESENTATIVES toric homes. Don’t miss the courthouse with its his time, his talent, and his life. cannonball reminder of the Civil War.’’ Jamaal Rashard Addison was a soldier, a Monday, May 7, 2007 Madam Speaker, I am proud to call the city warrior, a father, a son, a brother and a friend. Mr. PORTER. Madam Speaker, I rise today of Lexington home and I know the members of I was pleased to set aside April 28, 2007 to to honor Mr. Aner Iglesias for both his success the House will join me in congratulating the honor and recognize Jamaal Rashard Addison as a business leader and for his generosity as entire community on its prestigious awards. for his leadership and service to our country. philanthropist to our community.

∑ 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 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E966 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2007 Mr. Iglesias came to the United States from serves as a valuable resource for those seek- PERSONAL EXPLANATION Cuba in order to join his family, who had pre- ing a direct glimpse of Lincoln’s time. Students viously left Cuba years before to escape polit- are encouraged to attend docent-led school HON. JULIA CARSON ical prosecution. tours and can easily access a wealth of infor- OF INDIANA After his arrival to the United States, Mr. mation to use for school projects or personal IN THE HOUSE OF REPRESENTATIVES Iglesias graduated from California State Poly- enjoyment. technic University in Pomona, California, Monday, May 7, 2007 where he earned a dual degree in electrical Highlighting our community’s pride in Mr. CARSON. Madam Speaker, on Thurs- engineering and business administration in hosting this important site, a fundraising drive day, May 3, I was unable to vote on Roll # 1989. At age of 24, Mr. Iglesias established in the 1990s resulted in donations of more 300 because the Capitol Hill police would not his first business. Today, Mr. Iglesias operates than $1 million, which helped provide a 2,000– let my vehicle enter the grounds due to a se- and owns a chain of supermarkets with yearly foot expansion of the Shrine. Two new wings curity ‘‘event’’ regarding the escort of a foreign revenues exceeding $150 million. He is also a were carefully designed to complement the dignitary. Had I been available to enter I would real estate investor with properties in Nevada, original octagon shape, paving the way for fur- have voted ‘‘No.’’ Florida, and California. ther Lincoln artifacts. This expansion could not f In addition to his business endeavors, Mr. have occurred without the dedication of those Iglesias has also been known for his support residing in my district. IN TRIBUTE TO DONALD W. HAYNES HONORING THE THIRTY- and leadership role in the opening of the Sal- A moving tribute to the Shrine’s 75th anni- vadorian Consulate in Las Vegas, Nevada. He TWO YEAR SERVICE ON THE versary is planned for November of 2007, HOUSTON FIRE DEPARTMENT has served as a member of the Board of Di- when the Lincoln Shrine releases a book de- rectors of the Ronald McDonald House of Los scribing and detailing the various artifacts in Angeles since 1999. He is currently a member their collection. An extensive set of photos and HON. SHEILA JACKSON-LEE of the America United Bank Board, and he letters will be included in the book, with ex- OF TEXAS has also contributed and supported the Buena IN THE HOUSE OF REPRESENTATIVES planatory comments to guide the reader. This Nueva Foundation and other non-profit organi- book will serve to foster interest in those who Monday, May 7, 2007 zations, including the Las Vegas Rescue Mis- have not yet visited the Shrine, and will further sion and Safe Nest. Iglesias is an active mem- Ms. JACKSON-LEE of Texas. Madam elaborate upon the knowledge of individuals ber of the Latin Chamber of Commerce, the Speaker, I rise to pay tribute to Donald W. United Grocers Committee, the Mexican- already familiar with the Lincoln Shrine’s all- Haynes, of Houston, Texas, on his retirement American Grocers Association and the Amer- embracing collection. from the Houston Fire Department after 32 ican Grocers Association. Madam Speaker, I am honored to represent years of dedicated service. Madam Speaker, I am proud to honor Aner a community of citizens dedicated to pro- Donald Haynes’ roots were planted in the Iglesias. His years of service to the State of gressing the growth of a research center and deep, strong foundation of family. Donald was Nevada are admirable and I wish him the best museum such as the Shrine. I ask my col- born in Beaumont, Texas to Mr. and Mrs. in his future endeavors. leagues to join with me in recognizing the im- Elwin and Evelyn Haynes. He is the oldest of their four children. Because Donald’s father f mense value of the Lincoln Memorial Shrine was in the U.S. Navy, the Haynes family relo- and in wishing them many more years of suc- HONORING THE LINCOLN MEMO- cated to different military assignments approxi- cess. RIAL SHRINE ON THEIR 75TH AN- mately every 3 years. As such, Donald has NIVERSARY been privileged to travel to many places f across the country and the world. He has lived HON. JERRY LEWIS TRIBUTE TO THE ATLANTA VET- in Providence, Rhode Island; Morocco, North Africa; Norfolk, Virginia; Alameda, California; OF CALIFORNIA ERANS AFFAIRS MEDICAL CEN- Middletown, Rhode Island; and San Juan, IN THE HOUSE OF REPRESENTATIVES TER Puerto Rico. Monday, May 7, 2007 Madam Speaker, though he traveled and re- Mr. LEWIS of California. Madam Speaker, located to many domestic and foreign places as we approach the bicentennial of Abraham HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. in his young life, Donald worked diligently to Lincoln’s birth, I am pleased today to stand in OF GEORGIA finish his educational studies. Donald grad- recognition of the 75th anniversary of the Lin- IN THE HOUSE OF REPRESENTATIVES uated from Antilles High School in San Juan, coln Memorial Shrine located in Redlands, Puerto Rico in 1970, the same year his father California. While leading a divided nation, Monday, May 7, 2007 retired from the U.S. Navy. When his family President Lincoln remained committed to the returned to Beaumont, Texas Donald attended principles of liberty, integrity, and personal re- Mr. JOHNSON of Georgia. Madam Speaker, Lamar University his freshman year. In the sponsibility. It is these ideals that represent in the Fourth Congressional District of Geor- summer of 1971 the Haynes family moved to the core of what Robert and Alma Watchorn gia, there are many professionals in the med- Houston, Texas. Donald transferred to the envisioned when they created the Lincoln ical field who render excellent service to our University of Houston and graduated from Shrine in 1932. citizens. there in December 1974 with a B.S. in Psy- It is a great honor that the Watchorns chose The Atlanta Veterans Affairs Medical Center chology. Mr. Haynes received an M.S. Degree to dedicate and present the Shrine to Red- has met and exceeded national standards with in Criminal Justice Administration from Sam lands, my hometown and a prominent city in its staff of skilled laboratory professionals. Houston State University in 1988 and an A.S. my district. Through the contributions of my Degree in Fire Technology in 1992 from Hous- constituents, the Shrine has become a nation- The laboratory staff of the Atlanta Veterans ton Community College. He is also a graduate ally-known education center for our 16th and Affairs Medical Center has demonstrated a of the 166th Session of the FBI National Acad- perhaps greatest president. As the only Lin- spirit of giving, service and leadership. emy held in Quantico, Virginia from June 1991 coln-dedicated museum and library west of Our beloved Fourth District, families and to September 1991. Springfield, Illinois, the Shrine attracts thou- community have benefited from the fine work Donald’s graduation from the University of sands of professional and amateur historians of the laboratory staff of the Atlanta Veterans Houston was merely the beginning step of a with a wide variety of exhibits, events, and Affairs Medical Center. long glorious journey of public service. Donald projects featuring Abraham Lincoln and the worked for Southwestern Bell Telephone Com- The laboratory staff of the Atlanta Veterans Civil War period. pany for about six months prior to his accept- Affairs Medical Center has worked tirelessly to The Watchorns would be pleased to know ance into the Houston Fire Academy in June give their best to preserve integrity and pro- that the prominence of the shrine has not de- 1975. He graduated in October 1975 and was tracted from the educational opportunities provide quality service. elected President of the 1975- B Class. His vided to visitors. As a primary resource for I was pleased to set aside April 22nd—28th, first assignment was Hobby Airport, Station 36 educators in the area, the museum’s collection 2007 to honor and recognize the Atlanta Vet- on the A Shift. He later transferred to Station of more than 4,000 manuscripts and 300 origi- erans Affairs Medical Center for its out- 35 after his probationary period was com- nal newspapers is offered free of charge and standing service to our District. pleted.

VerDate Aug 31 2005 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E967 In 1977, as one of two firefighters with a Tiempo Libre, a Spanish language newspaper IMPROVING HEAD START ACT OF college degree at his fire station, Donald was which is owned by the Las Vegas Review 2007 selected to attend Polygraph School. Donald Journal. His role at El Tiempo allows graduated from Polygraph School, completed Hernando to provide Hispanics in the Las SPEECH OF his internship and became a Texas Licensed Vegas area with both the local and national HON. SILVESTRE REYES Polygraph Examiner in May 1978. He has news. El Tiempo provides residents with an- OF TEXAS conducted polygraph examinations for the other reliable news option in Southern Ne- IN THE HOUSE OF REPRESENTATIVES Houston Arson Bureau, HFD Internal Affairs, vada. Wednesday, May 2, 2007 HFD Recruiting Division; Homicide Division of Hernando came to the United States in the the Houston Police Department; Airport Police, 1990s from Columbia. During his time in Co- The House in Committee of the Whole Park Police, City Marshall’s Office and other lumbia, Hernando worked as a broadcast jour- House on the State of the Union had under consideration the bill (H.R. 1429) to reauthor- law enforcement agencies. nalist for the Colombian National Army. In this Though Donald had accumulated numerous ize the Head Start Act, to improve program capacity, Hernando worked to dismiss propa- quality, to expand access, and for other pur- achievements, he did not rest on his laurels ganda disseminated by Colombian guerilla poses: but continued to excel at every level and dis- groups, however, he was forced to leave the Mr. REYES. Mr. Chairman, I rise in strong tinguished himself through a number of praise- country when his family’s life was threatened support of H.R. 1492, the Improving Head worthy promotions. Donald’s promotions by these groups. After his arrival in the United Start Act of 2007, a bill introduced by my col- through the Civil Service ranks of the Houston States, Hernando’s dedication and persever- league Mr. DALE KILDEE that provides a long- Fire Department include: Chauffeur in May ance ensured his success with both the jour- overdue re-authorization of Head Start and in- 1980; Inspector in September 1982; Investi- nalism and business communities in Nevada. cludes a package of improvements that will gator in 1985; Senior Investigator in November As a result of his own experiences and make a good program better. 1995 and Asst. (Chief) Arson Investigator Sep- achievements with the business community, My own experience as a child demonstrates tember 2001. Donald was also appointed to Hernando has been able to share his knowl- the importance of school preparedness pro- the rank of Assistant Fire Chief from 1992 to edge and expertise with individuals in the His- grams like Head Start. When I started school 1993. panic community that are aspiring to becoming at six years old, I only spoke Spanish. The Donald also holds a number of State Certifi- small business owners. He believes in sup- teacher only spoke English, so the other cations. He has been a licensed polygraph exporting these individuals with the information Spanish-speaking children and I were bumped aminer for 29 years. In, addition, he is a Mas- and knowledge that will allow them to be suc- down to a new ‘‘pre-kinder’’ class so, as the ter Firefighter; Master Fire and Arson Investi- cessful small business owners. In conjunction thinking went, we would not hold the others gator; Master Peace Officer, TCLEOSE In- with the Latin Chamber of Commerce, back. Throughout my years in school, my structor; Intermediate Fire Instructor; and Field Hernando holds communication workshops for peers assumed that I had failed a grade be- Examiner. those who wish to establish and begin their cause I was older than everyone else. But I Madam Speaker, Donald has admirably own small business endeavors. was not less academically capable than my served over 22 years in the Houston Arson Madam Speaker, I am proud to honor fellow students. I had just not been given ade- Bureau as a State of Texas commissioned Hernando Amaya Moreno. His dedication to quate preparation. Peace officer. He also has contributed to com- the community is commendable and I wish Head Start offers a bilingual curriculum that munity outreach service. He has been a mem- him continued success. helps develop children linguistically, socially, ber of the Omega Psi Phi Fraternity, Inc for and emotionally for kindergarten. Its holistic over 35 years. He is also a Life Member of the f approach makes it so much more than just a NAACP, and has served on the Board of Di- program to improve reading and writing skills. rectors of Shape Community Center for over TRIBUTE TO DR. YVONNE It also provides nutritious meals, medical and 10 years (1992–2003). SANDERS-BUTLER dental visits, and a stable environment to low- Chief Donald W. Haynes has proudly served income children that will allow them to suc- the Houston Fire Department and the Citizens HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. ceed in school. of Houston, Texas from June 1975 until Feb- Head Start is a proven program. Students OF GEORGIA ruary 2007, a period for 31 years and 8 who participate in this program are more likely months. Though Donald extinguished many IN THE HOUSE OF REPRESENTATIVES to finish high school and eventually attend col- fires in his career, it was an inner blazing and Monday, May 7, 2007 lege. In El Paso, over 4000 children and their burning flame that sparked his desire to per- families are served by this program. Roughly form at the highest level. Mr. JOHNSON of Georgia. Madam Speaker, seventy-five percent of all students in this pro- In closing, Madam Speaker, let me say that in the Fourth Congressional District of Geor- gram come from households making less than I, on behalf of all Houstonians, am grateful for gia, there are many individuals who are called $15,000 per year, well below the national pov- the outstanding dedication and public service to contribute to the needs of our community erty level. Donald has given to the Houston Community through leadership and service. Mr. Chairman, I ask that my colleagues join for nearly 32 years. We can never repay you Dr. Yvonne Sanders-Butler has given of her- me in supporting this important legislation that for the priceless service you have bestowed self as a principal of Browns Mill Elementary will help disadvantaged children across the on our community. We congratulate you and School, an author, a nutritional advocate and Nation by providing them with the tools they hope that your well-earned retirement brings a children’s advocate. will need to succeed not only in their edu- joy to your life. Dr. Yvonne Sanders-Butler has pioneered cation, but in all aspects of their lives. f and sustained Georgia’s First sugar free f school which serves as a model to the country PAYING TRIBUTE TO HERNANDO IMPROVING HEAD START ACT OF AMAYA MORENO as a tool in promoting the physical and mental welfare of our children. 2007 This phenomenal woman has shared her HON. JON C. PORTER SPEECH OF time and talents for the betterment of our com- OF NEVADA munity and our Nation through her tireless HON. ELIOT L. ENGEL IN THE HOUSE OF REPRESENTATIVES works, motivational speeches, and words of OF NEW YORK Monday, May 7, 2007 wisdom. IN THE HOUSE OF REPRESENTATIVES Mr. PORTER. Madam Speaker, I rise today Dr. Sanders-Butler is a virtuous woman, a Wednesday, May 2, 2007 to honor Mr. Hernando Amaya Moreno who courageous woman and a fearless leader who The House in Committee of the Whole has been named the Small Business Jour- has shared with the world her vision and pas- House on the State of the Union had under nalist of the Year for the State of Nevada by sion to help ensure that our future—our chil- consideration the bill (H.R. 1429) to reauthor- the Small Business Administration. dren—will be healthy and prosperous. ize the Head Start Act, to expand access, and His commitment to proving news and infor- I was pleased to set aside April 21, 2007 to for other purposes: mation to his fellow Nevadans has resulted in honor and recognize Dr. Yvonne Sanders-But- Mr. ENGEL. Mr. Chairman, I rise today in the SBA presenting him with this distinguished ler for her leadership and services to our Dis- support of H.R. 1429, a bill to reauthorize and honor. Hernando is the Associate Editor for El trict. improve Head Start.

VerDate Aug 31 2005 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E968 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2007 Head Start has been a vital program to our best that they have to preserve integrity, proliferate into academic establishments and children since the day it was created in 1965 scholarship, leadership, and service for all of Mr. Snyder became impassioned to start a as part of the Great Society. President Lyndon Rockdale County. computer club at Hyde Park. Shortly there- Johnson created the program with the goal of I was pleased to set aside April 21, 2007 to after, Mr. Snyder became a full-time computer combining education, health, and nutrition pro- honor and recognize the Rockdale County programming teacher, a position he has held grams for low-income children. In its history, Board of Education for their outstanding serv- for nearly 25 years. Mr. Snyder has taught over 22 million children have been served by ice to our District. computer courses at Charparral and Cimarron Head Start, including over 900,000 in this year f Memorial High School. In 1994, he moved to alone. the Advanced Technologies Academy and for Head Start provides an excellent foundation TRIBUTE TO ZINGERMAN’S DELI- over a decade, Mr. Snyder has been greatly for the children who enroll in the program. CATESSEN ON ITS 25TH ANNI- enriching the lives of those students attending About 95 percent of the students in Head Start VERSARY A-Tech, a nontraditional high school that al- are under five years old, and they are all at or lows students the opportunity to focus on tech- below the poverty line. Without Head Start, a HON. JOHN D. DINGELL nical careers. great number of these children would be in OF MICHIGAN Madam Speaker, I am proud to honor John substandard preschools, if they were even IN THE HOUSE OF REPRESENTATIVES Snyder. His enthusiasm, commitment and per- lucky enough to be enrolled in anything. Head Monday, May 7, 2007 sonal attention have greatly enhanced the Start gives these kids the years of education educational experience of countless students. they need in order to succeed in future years Mr. DINGELL. Madam Speaker, I rise today I congratulate him for this well deserved of schooling. to pay tribute to Zingerman’s Delicatessen, in honor, thank him for his dedication and com- H.R. 1429 would reauthorize the Head Start Ann Arbor Michigan. This year Zingerman’s is mitment and wish him the best in his future program, while at the same time offering im- celebrating its 25th anniversary. endeavors. Zingerman’s was founded in 1982 in Ann provements that have been necessary but ne- f glected for a number of years. Arbor, Michigan by Paul Saginaw and Ari First, it will improve teacher and classroom Weinzweig. It is now known internationally and OBSERVING THE 200TH ANNIVER- quality. H.R. 1429 does this by first increasing renowned as one of America’s best delicates- SARY OF THE ABOLITION OF teacher salaries in order to attract more and sens. Along with the University of Michigan, THE BRITISH SLAVE TRADE better teachers. Other provisions would re- Zingerman’s is also one of Ann Arbor’s best quire Head Start to use research-based meth- known and popular tourist attractions. SPEECH OF ods to improve literacy and vocabulary. The From its original store in 1982, Zingerman’s HON. ELIJAH E. CUMMINGS bill would also provide improved training and has grown and now operates 8 separate gour- OF MARYLAND technical assistance so teachers will be more met food businesses throughout Michigan, IN THE HOUSE OF REPRESENTATIVES educated in science and technology. employing 545 individuals and serving as an The only problem I have today is the Re- example to other businesses by providing its Tuesday, May 1, 2007 publican discriminatory Motion to Recommit. employees with excellent compensation, bene- Mr. CUMMINGS. Madam Speaker, I rise The Republican leadership wants to institute fits and vacation time. today in celebration of this resolution that federally funded discrimination into our Head Along with their commitment to an equitable commends the 200th anniversary of the aboli- Start program. They have tried this again and work environment, co-founders Paul and Ari tion of the transatlantic slave trade, which again, and although I support Head Start as also have a lasting commitment to providing marks the beginning of the end of the deporta- much as anybody in this Chamber, I would ve- their customers with cuisine of the utmost tion of slavery. This tremendous moment in hemently oppose this reauthorization if the quality. This quality has been recognized fre- time carries with it historical significance in Af- Motion to Recommit passes. I urge all of my quently, as Zingerman’s has been the recipi- rican American history and culture. colleagues to oppose the discriminatory Mo- ent of numerous culinary awards, including, As many of my colleagues know, many of tion to Recommit when it comes to the floor. most recently, the Food Network’s 2007 ‘‘De- our ancestors were brought here in the grips Mr. Chairman, I strongly support reauthor- lectable Delivery of the Year’’ award. The New of iron chains on slave ships. They were sub- izing the Head Start program with the Demo- York Times also covered Zingerman’s anniver- jected to tremendous inhumane treatment. cratic improvements. sary with an article in its May 2, 2007 edition. Many died and the ones that did survive were f Zingerman’s is an Ann Arbor original and it left to try and survive in a new and unforgiving is commonly acknowledged that there are few, world. Over the course of 4 centuries 11 to 12 TRIBUTE TO THE ROCKDALE if any, better places in the world at which to COUNTY BOARD OF EDUCATION million African men, women, and children were get a nosh. With all that it has done in the last brought to the United States, the Caribbean, 25 years, I ask that you join me in recognizing and Latin America against their will. The trans- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. the anniversary of Zingerman’s Delicatessen; atlantic slave trade enabled the kidnapping, OF GEORGIA the honors and accomplishments of co-found- purchase, and commercial export of Africans, IN THE HOUSE OF REPRESENTATIVES ers Paul Saginaw and Ari Weinzweig; and mostly from West and Central Africa between their contributions to the City of Ann Arbor, the Monday, May 7, 2007 the 15th and late 19th century. State of Michigan, and the United States of Despite this ignoble beginning, the people of Mr. JOHNSON of Georgia. Madam Speaker, America. Africa created a noble culture that encom- in the Fourth Congressional District of Geor- f passes the African spirit of survival through gia, many schools strive to excel. adversity. Nevertheless, with all the horrors Under the leadership and guidance of the PAYING TRIBUTE TO JOHN and inhumanity, the transatlantic slave trade Rockdale Board of Education, and the Super- SNYDER was critical to the formation of the new world. intendent Dr. Samuel King,—the principals, We can now celebrate the trials, tribulations, teachers, staff and students in Georgia’s HON. JON C. PORTER accomplishments, and contributions of our an- Rockdale County school system have met and OF NEVADA cestors. They certainly created and attained exceeded national standards. IN THE HOUSE OF REPRESENTATIVES so much in history. The Rockdale County Board of Education Madam Speaker, I would like to share with members have demonstrated the will to win, Monday, May 7, 2007 you the words of Frederick Douglass, one of the courage to win, the mechanics of team- Mr. PORTER. Madam Speaker, I rise today the most famous African American abolition- work and the astounding spirit of triumph from to honor John Snyder for his recent induction ists, slave, editor, orator, author, statesman building a system that serves all in the county. into the National Teacher’s Hall of Fame. and reformer. He stated: Our beloved children and community will Mr. Snyder is the first teacher from Nevada benefit from the seeds that the Board of Edu- ever to be inducted into the National Teacher Power concedes nothing without a demand. It never did and it never will. Find out just cation and Administration have planted to in- Hall of Fame and is one of five educators to what any people will quietly submit to and sure that Rockdale will always be prosperous be inducted in the Class of 2007. His teaching you have found out the exact measure of in- and productive. career began in the early 1980’s as an English justice and wrong which will be imposed This unique board has given of themselves teacher at Hyde Park Junior High School. At upon them, and these will continue till they tirelessly and unconditionally to providing the the time, computers were just beginning to are resisted with either words or blow, or

VerDate Aug 31 2005 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E969 with both. The limits of tyrants are pre- households, inadequate support and coun- Washington, DC on a chartered flight free of scribed by the endurance of those whom they seling, but a lack of professional and aca- charge. During their visit I will accompany oppress. demic role models, all of which contribute to them to visit Arlington National Cemetery and The struggle to end the transatlantic slave why only 39 percent of Latino high school the World War II Memorial. For many, this will trade and slavery was achieved by African re- graduates in Los Angeles County go on to be their first and only opportunity to see these sistance and economic factors as well as higher education. sights dedicated to the great service they have through humanitarian campaigns. Africans TELACU Education Foundation realized that provided for our nation. fought tirelessly to overcome the brutal treat- there is no more vital asset in any community Today I ask my colleagues to join me in ment that they endured. The years that our than its human capital, which is why they honoring these great Americans and thanking ancestors fought for freedom were among the began their efforts to reverse these trends. For them for their unselfish service. most difficult times that Africans faced. more than 2 decades, the LINC TELACU Edu- f It is because of the sacrifices that our an- cation Foundation has contributed to the de- RECOGNIZING DADE CITY, FLOR- cestors made that African Americans are free velopment of our future Latino leaders through IDA, FOR THEIR MAIN STREET today, and able to be part of this wonderful a variety of programs designed to maximize RENOVATION PROGRAM body. We must not forget what our ancestors the potential of our youth. have done for us. We must teach our children The LINC TELACU Scholarship Program, and the generations not yet born of the sac- established in 1983, is one program that helps HON. GINNY BROWN-WAITE rifices that were made in the name of our free- students realize their dream of a college edu- OF FLORIDA dom. We must continue to celebrate the anni- cation by providing scholarships, supple- IN THE HOUSE OF REPRESENTATIVES versaries such as this so our history may mented by other essential support. Monday, May 7, 2007 never go forgotten. In conceiving the foundation, TELACU dis- Ms. GINNY BROWN-WAITE of Florida. The 200th anniversary of the abolition of the covered that while financial assistance is vital Madam Speaker, I rise today to recognize the transatlantic slave trade marks a tremendous for college students to achieve academic suc- outstanding steps taken by Dade City leaders accomplishment in African American history. It cess, other factors are also important. Stu- to renovate and improve their Main Street is with great honor that I am able to speak on dents who are the first in their families ever to area. These efforts to revitalize Main Street such a significant part of my history. attend college often lack the support system have made Dade City one of the brightest f necessary to achieve their dream. Socio- spots on the Gulf Coast of Florida. On May economic factors, family responsibilities, cul- 18, 2007, Dade City is celebrating its 20th an- TRIBUTE TO TELACU FOR ITS tural identity and financial stress create very niversary as part of Florida’s Main Street pro- COMMITMENT TO THE ADVANCE- real conflicting challenges to academic life. gram. MENT AND EMPOWERMENT OF The LINC TELACU Scholarship Program Noticing a decline in the beauty and eco- LATINOS provides its youth not only with monetary as- nomic vitality of Dade City’s downtown in the sistance, but also counseling, leadership train- 1980s, local leaders began to look into joining HON. JOE BACA ing, classes in time management and other the Main Street program. Pat Weaver, Otto OF CALIFORNIA subjects that will help them succeed in col- Weitzenkorn, Helen Brandt and the late Lewis IN THE HOUSE OF REPRESENTATIVES lege. Abraham banded together to find the re- Monday, May 7, 2007 TELACU has partnered with corporate do- sources to send representatives to the annual nors, private individuals, and a vast network of Main Street meeting in Orlando. Mr. BACA. Madam Speaker, I ask for unani- colleges and universities, providing the driving The Orlando meeting taught these con- mous consent to revise and extend my re- force behind one of the most effective national cerned residents how to implement the ‘‘Main marks. institutions ever to impact the educational Street Four-Point Approach,’’ a comprehensive The people of this great Nation share a needs of the Latino community. strategy tailored to meet local needs and op- common spirit and heritage. Whether born on The LINC TELACU Education Foundation portunities. The approach encompasses work the soil of this land or having chosen to come has accepted this challenge head on, com- in four distinct areas: design, economic re- here in search of a better life—one free of po- bining important financial assistance with high- structuring, promotion, and organization. Ms. litical, social, and economic oppression, we ly effective programs that ensure college com- Weaver and Ms. Brandt returned from the are a Nation of pioneers. We believe in the pletion. The foundation supports 600 college meeting with a plan to develop a strong base American dream, and the promise that through students and serves 2,000 elementary, middle of local business owners and citizens to see our labors we can achieve educational and and high school students and veterans each this concept through to becoming reality in economic success. No barrier is too imposing, year. The success of this extraordinary foun- Dade City. In 1985, they received a technical no obstacle to tall that it should stand in the dation is best summarized by the numbers: Its assistance program by the Department of way of pursuing this dream. scholar retention and college graduation rates State, Bureau of Historic Preservation through Two of my congressional predecessors, are an astounding 100 percent. the Florida Main Street program. In April 1987, Senators Robert F. Kennedy and Jacob Javits, Madam Speaker, I join today with commu- downtown Dade City was officially designated advanced legislation in the 1960s that pro- nity leaders throughout my State to express a Florida Main Street community. moted this dream by laying the foundation for our Nation’s gratitude to TELACU, the LINC On May 18, the Downtown Dade City Main an organization called TELACU. Since its TELACU Education Foundation and for schol- Street program is celebrating its 20th anniver- founding in 1968, TELACU has become the arship programs like this one, for believing in sary with a party at one of its highly touted largest community and economic development the dream of higher education for all of Amer- area restaurants. In reflecting on its history, corporation in the United States. TELACU is a ica’s next generation of leaders. the Downtown Dade City Main Street program pioneered institution committed to service, em- f has distinguished itself as one of the exem- powerment, advancement and the creation of plary models of the Florida Main Street pro- self-sufficiency within the Latino community. HONORING THE LOUISIANA gram. In addition, it has been successful in Brought to life through a small investment HONOR AIR VETERANS downtown restoration projects such as the appropriated by Congress, TELACU has Historic Courthouse, the establishment of the grown to become an organization with nearly HON. CHARLES W. BOUSTANY, JR. Community Redevelopment Agency to fund $500 million in assets, creating thousands of OF LOUISIANA long-range downtown projects, the facade im- jobs, affordable homes, loans to small busi- IN THE HOUSE OF REPRESENTATIVES provement grant, and for the millions of dollars ness people, and most importantly, numerous it has helped bring to downtown construction Monday, May 7, 2007 educational opportunities for our Latino youth and restoration projects. and veterans. Mr. BOUSTANY. Madam Speaker, I rise Madam Speaker, I applaud all the men and TELACU established the LINC TELACU today to recognize and honor a very special women who have contributed to the success Education Foundation, LTEF. For more than 2 group from South Louisiana. of the Dade City Main Street program over the decades, the Education Foundation has been On May 11, 2007 a group of 96 veterans past twenty years. These individuals exemplify working towards removing the formidable bar- and their guardians will fly to Washington with how working tirelessly on downtown renova- riers that prevent Latino youth from achieving a very special program. Louisiana HonorAir is tion and revitalization can reverse the decline academic success. Latino youth not only providing the opportunity for these veterans of a community. This program continues to re- struggle against the effects of low-income from my home state of Louisiana to visit main a vital part of downtown Dade City, and

VerDate Aug 31 2005 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E970 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2007 I commend those involved for their efforts to enforce those penalties and are doing so ef- Grand Island, Nebraska. She later went on to keep Dade City vibrant and unique with its fectively. The proof is that the most recent FBI teach math and reading to Army soldiers at quaint shops and small town atmosphere. Uniform Crime Report shows that bias-moti- Fort Jackson in Columbia, South Carolina f vated crimes are decreasing. In fact, less than from 1974–1976. Patricia subsequently moved 17% of all law enforcement agencies reported to Las Vegas in 1978 and operated two pre- RECOGNIZING BETTE PETERSON a single hate crime in 2005. No evidence ex- school through kindergarten private schools ists that states and localities are failing to from 1979 to 1984 both in the Spring Valley HON. GEORGE RADANOVICH prosecute hate crimes under existing statutes. and Green Valley areas. Patricia left edu- OF CALIFORNIA There is simply no need for the Federal gov- cation, pursued a career in real estate and IN THE HOUSE OF REPRESENTATIVES ernment to impinge on the manner in which later came back to teach first and second grade at the Mack Elementary School in Hen- Monday, May 7, 2007 state and local agencies are attacking these concerns. derson, Nevada, where she stayed until mov- Mr. RADANOVICH. Madam Speaker, I rise Second, there are Constitution questions ing over to the Hillcrest Academy. After found- to recognize Bette Peterson of Fresno, CA for concerning this bill. The 14th Amendment af- ing Hillcrest Academy and operating the her tireless service to her community and self- fords equal protection under the law to all citi- school for over 7 years, Patricia sold the less giving to philanthropic causes throughout zens. H.R. 1592 defies this principle by rank- Academy and stayed on as a consultant. California’s San Joaquin Valley. In recognition ing victims according to nebulous categories Madam Speaker, I am proud to honor my of her devoted service, the City of Fresno pro- like ‘‘sexual orientation’’ and ‘‘gender identity’’ friend, Patricia Riley. Patricia is a truly gifted claimed May 1st, 2007 as ‘‘Bette Peterson that are based on behavior and are not easily educator and has enriched countless lives. I Day.’’ definable. All violent crimes are unacceptable, thank her for her dedication and commitment Bette Peterson was born on October 30th, regardless of the victim, and should be pun- to educational excellence and wish her the 1922 to Jean and Freda Johnson. Throughout ished firmly. best in her future endeavors. her life, Ms. Peterson embarked on many ad- It is ironic that this bill came to the floor on PAYING TRIBUTE TO PROFESSOR ventures but not until 1975 did an adventurous the National Day of Prayer. I am worried that KENNETH LINDSAY life being to flourish rapidly beginning with her this bill will unfairly target people of faith. marriage to Dr. Robert Billings, and shortly Under this bill, Christians and clergy may be HON. MAURICE D. HINCHEY thereafter, the creation of the Poppy Lane targets for prosecution if their traditional teach- Publishing Company. OF NEW YORK ings on sexuality are considered an induce- IN THE HOUSE OF REPRESENTATIVES After establishing her publishing company, ment to violence of people based on ‘‘sexual she authored Beginning Reading at Home, a orientation’’ or ‘‘gender identity’’ whether real Monday May 7, 2007 book designed to help young children develop or perceived. Typically, members would have Mr. HINCHEY. Madam Speaker, I rise today and explore reading. In addition, Poppy Lane the opportunity to offer amendments to fix to honor Kenneth Lindsay, a most remarkable Publishing Company has published numerous omissions such as this. Unfortunately, the and distinguished constituent of mine. Mr. books by local authors since 1976, opening up Democrat leadership railroaded this bill Lindsay is one of about a dozen living mem- eyes to the wealth of literary talent in the San through the floor with absolutely no oppor- bers of the Monument Men, who worked to Joaquin Valley. tunity to offer amendments, denying us the op- save tens of thousands of works of art during Founded in 1988 by Bette and her husband portunity to protect traditional American val- World War II. Mr. Lindsay is also a Bing- Dr. Robert Billings, the Billings Independent ues. hamton University Professor Emeritus of Art and Responsible Foundation continues to as- Instead of passing laws which violate long- History where he chaired the Art History De- sist many charitable causes. Most recently, standing principles of good government, we partment for 17 years. Habitat for Humanity was presented with a must instead continue in our efforts to make Mr. Lindsay’s love of art and art history first one-hundred thousand dollar contribution to sure that criminals understand their behavior developed while he was a student at the Uni- help many achieve the dream of homeowner- will not be tolerated. Individuals caught com- versity of Wisconsin at Madison. He signed up ship. mitting a crime must understand that convic- with the Army’s Signal Corps and was pre- Madam Speaker, it is with great pleasure tion will be certain, sentencing will be swift paring to go overseas in 1942. Catching scar- that I rise to honor Bette Peterson for her tire- and punishment will be severe. Creating class- let fever delayed his deployment, but it re- less service to her community. I invite my col- es of victims, as this bill surely does, based on sulted in his eventual assignment to the Monu- leagues to join me in recognizing her tremen- broad indefinable categories makes certain ment Men after Victory in Europe Day in 1945. dous example. citizens more equal than others, substitutes a Mr. Lindsay first served as a technical corporal f federal mandate for local expertise, and fails in London and was later sent to Omaha Beach. LOCAL LAW ENFORCEMENT HATE to protect traditional American values. f Following V–E Day, the Monuments, Fine CRIMES PREVENTION ACT OF 2007 Arts, and Archives Section of the U.S. Army, PAYING TRIBUTE TO PATRICIA whose members were nicknamed the Monu- SPEECH OF RILEY ment Men, worked to save and preserve HON. TODD TIAHRT works of art that had been seized during the OF KANSAS HON. JON C. PORTER Nazi rule of Germany. Mr. Lindsay was as- IN THE HOUSE OF REPRESENTATIVES OF NEVADA signed to the Monument Men in Wiesbaden, Germany in 1945. He personally handled Thursday, May 3, 2007 IN THE HOUSE OF REPRESENTATIVES some of Europe’s most valuable works of art. Mr. TIAHRT. Mr. Speaker, today I was Monday, May 7, 2007 A noted piece that passed through Mr. proud to stand up for the equal protection of Mr. PORTER. Madam Speaker, I rise today Lindsay’s hands is the Holy Crown of Hun- all Americans by opposing H.R. 1592, the so to honor my good friend Patricia Riley, a long- gary, one of the most famous crowns of the called ‘‘Hate Crimes Bill.’’ I abhor bigotry and time Las Vegas educator and school adminis- Middle Ages. One of the most memorable discrimination, and I look forward to an Amer- trator. pieces that he processed was a statue of the ica where no one is physically harmed for any Patricia was a longtime elementary school Egyptian Queen Nefertiti, which was stolen by reason. However, creating a special protected teacher with the Clark County School District the Germans in 1912. class within this country is poor public policy before joining the staff of Hillcrest Academy in Wars present perilous challenges for art, and contrary to the founding principle that all 1999. She earned a Bachelor’s degree in and the art world is indeed fortunate that Mr. Americans are equal in front of the law. human development and early childhood edu- Lindsay was available to help put the pieces First, this bill is unnecessary. State and cation from the University of Nebraska in 1970 back together in post-war Germany. Without local laws already provide criminal penalties and subsequently earned a Master’s degree in the dedicated work from men such as Mr. for the violence addressed by the new Federal education curriculum and instruction from Lindsay, a large amount of the world’s culture crimes defined in H.R. 1592. Many of the cur- UNLV in 1980. would have been lost. Mr. Lindsay’s work in rent state and local laws carry stricter pen- For over two decades Patricia has been de- World War II and as a teacher of art history alties than the proposed language in H.R. signing curriculum for public and private has given future generations the opportunity to 1592. State and local law enforcement agen- schools for adults and children. Her career as enjoy history and the rich cultures across the cies and courts already have the capability to an educator began as a fifth grade teacher in world.

VerDate Aug 31 2005 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E971 Madam Speaker, it is my honor to salute The team spent endless hours building and Until the day comes when there is no need Professor Emeritus Kenneth Lindsay for his practicing leading up to the competition. for such legislation, we will continue to have a dedication in the Army and as a teacher. He They competed against over 10,000 stu- moral obligation to ensure these victims of has left his unique mark on his students, dents from over 23 countries. The judged hate crimes have access to just recourse. peers, and the art community. award is based on the team that performs well f f in all categories, gaining votes from opposing teams based on performance as well as co- TRIBUTE TO OFFICER SEAN TRIBUTE TO OFFICER JEFFREY operation with others. Occam won not only the CLARK SHELTON FIRST Vex Challenge Winning Alliance Award but also the FIRST Vex Challenge Inspire HON. SUE WILKINS MYRICK Award! HON. SUE WILKINS MYRICK OF NORTH CAROLINA Madam Speaker, I urge you and my col- OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES leagues to join me in congratulating the IN THE HOUSE OF REPRESENTATIVES Occam Engineers Robotics Team and all its Monday, May 7, 2007 Monday, May 7, 2007 members on all of their past, present and fu- Mrs. MYRICK. Madam Speaker, I rise today ture achievements! Mrs. MYRICK. Madam Speaker, I rise today to honor the life of Sean Clark, an officer of to honor the life of Jeffrey Shelton, an officer f the Charlotte-Mecklenburg Police Department of the Charlotte-Mecklenburg Police Depart- in North Carolina. Officer Clark was fatally LOCAL LAW ENFORCEMENT HATE shot on March 31, 2007 while responding to a ment in North Carolina. Officer Shelton was CRIMES PREVENTION ACT OF 2007 fatally shot on March 31, 2007 while respond- call with a fellow officer, Jeffrey Shelton. Officer Clark was on the force for just over ing to a call with a fellow officer, Sean Clark. SPEECH OF Officer Shelton was on the force for more a year before he was killed in the line of duty. than six years before he was killed in the line HON. ALCEE L. HASTINGS He leaves behind his wife Sherry, his son Brayden, and a baby who is expected to arrive of duty. The citizens of Charlotte will remem- OF FLORIDA shortly. The citizens of Charlotte will remember Jeff Shelton as a brave man, who gave IN THE HOUSE OF REPRESENTATIVES ber Sean Clark as a brave man, who gave his his life in service to the city. He will be sorely Thursday, May 3, 2007 missed by his fellow officers in the North life in service to the city. He will be sorely Tryon Division. Mr. HASTINGS of Florida. Mr. Speaker, I missed by his fellow officers in the North Tryon Division. To show their appreciation for Officer rise in strong support of H.R. 1592, The Hate To show their appreciation for Officer Clark, Shelton, thousands of Charlotteans gathered Crimes Prevention Act. thousands of Charlotteans gathered to watch to watch his funeral procession in person on This important legislation is about protecting his funeral procession in person on April 5, April 6, 2007. Citizens have since created a the fundamental rights of the most vulnerable 2007. Citizens have since created a perma- permanent memorial at the very spot where in our society. nent memorial at the very spot where the two the two officers were killed. This site, near an The fact is, hate toward people in our coun- officers were killed. This site, near an apart- apartment building in East Charlotte, has been try who are deemed different remains copious ment building in East Charlotte, has been dedicated to the memory of Jeffrey Shelton and persistent. dedicated to the memory of Sean Clark and and Sean Clark. What is not fact, however, is the campaign Jeffrey Shelton. Our thoughts and prayers are with Jeff’s of mistruths right-wing extremists with a mega- Our thoughts and prayers are with Sean’s wife, Jennifer, and his family and friends at phone have instigated against this bill. They family and friends at this difficult time. May the this difficult time. May the legacy of service claim, for instance, that passage of this bill will legacy of service and dedication that he and dedication that he leaves behind be a be used to persecute anti-gay churches. To leaves behind be a comfort to all those who comfort to all those who loved him. which I say, I don’t know of any pastor or minister who would advocate tying a man to a loved him. f split-rail fence, beating him brutally, and leav- f ing him to die in the cold of the night for no HONORING OCCAM’S ENGINEERS PAYING TRIBUTE TO JOSE ROBOTICS TEAM reason other than he was gay. This legislation addresses long overdue de- MARTEL ficiencies in current federal hate crimes law. It HON. RODNEY P. FRELINGHUYSEN extends protections to even more groups of HON. JON C. PORTER OF NEW JERSEY targeted minorities. And it ensures that when OF NEVADA IN THE HOUSE OF REPRESENTATIVES states are unwilling or unable to prosecute IN THE HOUSE OF REPRESENTATIVES hate crimes, justice will be served. Monday, May 7, 2007 Monday, May 7, 2007 Violent acts committed against a member of Mr. FRELINGHUYSEN. Madam Speaker, I a targeted minority do not merely beleaguer Mr. PORTER. Madam Speaker, I rise today rise today to honor the Occam’s Engineers the individual. They deprave an entire group to honor Mr. Jose Martel, an exceptional mai- Robotics Team from West Morris Mendham and society as a whole by promoting a culture tre d’ at the newly opened Michael’s Res- High School in New Jersey, a team that I am of fear among our diverse communities and taurant at South Point Hotel. proud to represent! They are celebrating their perpetuating stereotypes and hate. I have Prior to assuming his position with Michael’s recent attainment of first place in the FIRST hopes that someday such legislation will no Restaurant, Mr. Martel served as maitre d’ at Vex Challenge World Championship. longer be necessary. But the reality is that in the Barbary Coast Hotel for 23 years. There, Occam’s team was founded by Joshua this day and age it still is. It is evident in the Mr. Martel developed a reputation for a com- Kaplan and Michael Medford, who also serve resurgence of organized white supremacist mitment to customer service. As a maitre d’, as co-captains. The other members include movements such as the KKK over the past Mr. Martel is known for meeting all of his pa- Adam Brozynski, Joshua Franklin, Julianna year. trons’ needs and has proved himself to be an Brown, Thomas Cioppettini and Chase Tralka. Without the passage of this critical legisla- exemplary model of friendliness, attentiveness, The team was established at the beginning of tion, an alarming amount of hate crime per- and professionalism. the school year and began preparing for the petrators around the country will continue to During his many years of service, Mr. Martel competition in January. After placing last in escape punishment under federal law. Such has cultivated a working environment that has the FIRST Vex New Jersey Tournament, they as the assailants who shot frequenters of a distinguished him from others in the field. Mr. completely redesigned their robot, basing their gay bar in New Bedford, Massachusetts ear- Martel’s evident dedication to restaurant pa- new design on simplicity. lier this year. And the four white male assail- trons is unparalleled and his outstanding serv- For the FIRST Vex Challenge World Cham- ants who left Bill Ray, a mentally challenged ice was recently honored by a dedication in pionship in April, the team had to build a robot African American, severely and errantly brain Casino Connection Magazine. no larger than 18 inches that was pre-pro- damaged. And the assailants of Michael Madam Speaker, I am proud to honor Jose grammed and controlled by remotes to pick up Sandy, a gay man who was beaten, chased Martel. His dedication to and respect for his softballs and deposit them into differing recep- into traffic, hit by a car, and then dragged off work are commendable and I wish him every tacles from a set list of parts and guidelines. the road and attacked a second time. continued success.

VerDate Aug 31 2005 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E972 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2007 HONORING HIGH SCHOOL ARTISTS, Angela Singer’s ‘‘Garden Still life;’’ Christina Districts with significant APA populations, like FROM 11TH CONGRESSIONAL DIS- Roros’ ‘‘Knobby Knees & Dollish Dimples.’’ the First District of Hawaii. TRICT OF NEW JERSEY Roxbury High School: Lauren Poggi’s ‘‘SUB- The Immigration Task Force is CAPAC’s URBIA;’’ Julia Biczak’s ‘‘Self Portrait;’’ Chelsea main voice on this important and timely issue. HON. RODNEY P. FRELINGHUYSEN Austin’s ‘‘JUDE ARCHER.’’ Right now, APAs face an immigration backlog OF NEW JERSEY Each year the winner of the competition has that has forced many families to live for years IN THE HOUSE OF REPRESENTATIVES their art work displayed with other winners apart from their loved ones. For example, Fili- from across the country in a special corridor pinos must wait 23 years before United States Monday, May 7, 2007 here at the U.S. Capitol. Every time a vote is Citizenship and Immigration Services (USCIS) Mr. FRELINGHUYSEN. Madam Speaker, called, I walk through that corridor and am re- even examines their applications for a brother once again, I come to the floor to recognize minded of the vast talents of our young men or sister from the Philippines. Furthermore, 1.5 the great success of strong local schools and women. Indeed, all of these young artists million Asians live in the U.S. as undocu- working with dedicated parents and teachers are winners, and we should be proud of their mented immigrants. They live in the shadows to raise young men and women. I rise today achievements so early in life. without access to basic services, and are vul- to congratulate and honor 37 outstanding high Madam Speaker, I urge my colleagues to nerable to exploitation. school artists from the 11th Congressional join me in congratulating these talented young As Task Force Chairman, I have made it a District of New Jersey. Each of these talented people from New Jersey’s 11th Congressional priority for CAPAC to support Comprehensive students is participating in the 2007 Congres- District. Immigration Reform. True immigration reform sional Arts competition, ‘‘An Artistic Dis- f not only helps us secure our borders, but ad- covery.’’ Their works of art are exceptional! dresses the issues of family reunification and We have 37 students participating. That is a TAIWAN APPLIES TO THE WORLD earned legalization for undocumented immi- wonderful response, and I would very much HEALTH ORGANIZATION grants. With that concern, I cosponsored H.R. like to build on that participation for future 1645, the ‘‘Security Through Regularized Im- competitions. HON. G.K. BUTTERFIELD migration and a Vibrant Economy (STRIVE) Madam Speaker, I would like to congratu- OF NORTH CAROLINA Act of 2007,’’ and I am working now to get late the three winners of our art competition. IN THE HOUSE OF REPRESENTATIVES members of CAPAC to support this bill. First place was awarded to Leigh Cignavitch The ‘‘STRIVE Act’’ would help eliminate the Monday, May 7, 2007 from Mount Olive High School for her work en- family backlog by no longer counting spouses titled ‘‘Core and Rind.’’ Second place was Mr. BUTTERFIELD. Madam Speaker, as the and minor children of naturalized citizens awarded to Lauren Novotny from Montville World Health Assembly prepares to meet in against the worldwide cap on family-based im- High School for her work entitled ‘‘Lauren in Geneva this May, Taiwan is applying to the migration. That means remaining visas can re- Fauuist Forest.’’ Third place was awarded to World Health Organization as a member under duce the backlog for the other classes of fam- Jeff Koroski from Roxbury High School for his the name ‘‘Taiwan.’’ ily-based immigrants. Such a move not only work entitled ‘‘The Time, The Tremulant, The For years, Taiwan has been excluded from serves as a humane gesture, but upholds our Torrent.’’ the activities of the World Health Organization; core family values. I would like to recognize each artist for their thus the health rights of the 23 million Taiwan The ‘‘STRIVE Act’’ also addresses the con- participation by indicating their high school, people have not been represented. Taiwan cerns of the undocumented immigrants, pro- their name, and the title of their contest entry paid high prices for the enterovirus outbreak in viding for earned legalization, which means for the official Record. 1998 and SARS in 2003; Taiwan should not that people would be allowed to emerge from Home schooled: Phyllis Schlafly’s ‘‘Roses in be left out of the global disease prevention the shadows. Illegal immigrants would have to the Mirror.’’ network. pay fines and back taxes, pass criminal back- Boonton High School: Loryn Britton’s ‘‘Unti- The United States government has always ground checks, and meet English and civics tled;’’ Sarah LaPlaca’s ‘‘Portrait of Brendon’’ encouraged Taiwan to seek meaningful partici- learning requirements. Contrary to the rhetoric, (honorable mention), Jennifer Hitching’s ‘‘Self pation in international organizations and if Tai- these immigrants would not jump ahead of in still-life’’ (honorable mention), Caitlyn Har- wan were barred from World Health Organiza- those who have pending legal visa applica- vey’s ‘‘Self Portrait’’ (honorable mention). tion activities, opportunities for Taiwan’s gov- tions, but would instead have to wait their turn. Bridgewater-Raritan High School: Allison ernment and people to make contributions to Furthermore, they would not count against ei- Boucher’s ‘‘Lady of the Flies’’ (honorable men- world health affairs would be severely im- ther the family-based or employment-based tion). peded. immigration caps. Dover High School: Matthew Burbridge’s I therefore urge my colleagues to speak up While not perfect, the ‘‘STRIVE Act’’ is an ‘‘Hurd Park.’’ for Taiwan’s right to participate in the activities excellent start to solving the immigration re- Livingston High School: Ellina Ryzhik’s ‘‘My of the World Health Organization. Fighting dis- form problem. As we celebrate the contribu- Bike;’’ Arielle Rothbard’s ‘‘Untitled;’’ Linda ease is a worldwide issue; no country or peo- tions of APAs to the nation, we must rededi- Innemee’s ‘‘The Dragon Flies.’’ ple should be excluded from WHO’s activities cate ourselves to a new direction; to meet the Madison High School: Samantha Sweet’s due to political considerations. challenges faced by APA families. That is how ‘‘My fundamentals;’’ Kayleigh Martin’s f we open the door to the American dream to all ‘‘Warmth;’’ Marissa Rich’s ‘‘AVERY’’ (honor- Americans. CELEBRATING ASIAN PACIFIC able mention), Sharela Banfield’s ‘‘Hands, f Feet, & Polish’’ (honorable mention). AMERICAN HERITAGE MONTH Millburn High School: Jessica Pester’s HONORING THE MEMORY AND ‘‘Easy Chair;’’ Jacqueline San Fillipo’s ‘‘Blue HON. NEIL ABERCROMBIE SERVICE OF HARRY LEON WILSON Chair;’’ Ann Trocchia’s ‘‘Cala Lily.’’ OF HAWAII Montville High School: Jennifer IN THE HOUSE OF REPRESENTATIVES HON. DAVID DAVIS Eishingdrelo’s ‘‘Monday Morning;’’ Stefani Monday, May 7, 2007 OF TENNESSEE Colonnelli’s ‘‘Untitled;’’ John Lake, Jr.’s ‘‘Self IN THE HOUSE OF REPRESENTATIVES Deception.’’ Mr. ABERCROMBIE. Madam Speaker, I rise Morris Knolls High School: Maxine Kramer’s today in honor of Asian Pacific American Monday, May 7, 2007 ‘‘MONEY;’’ Davendra Sukha’s ‘‘Assorted (APA) Heritage Month. As you know May is Mr. DAVID DAVIS of Tennessee. Madam Nuts;’’ Charles Doomany’s ‘‘An Uncertain Fu- designated as APA Heritage Month, and this Speaker, I rise today to honor the memory ture;’’ Stephanie Grawehr’s ‘‘reading by can- year’s theme is ‘‘Meeting the Challenges for and service of PFC Harry Leon Wilson, who is dlelight.’’ Asian Pacific Americans.’’ One of the central the only known African-American to be a Mount Olive High School: Rebecca Weiss’s challenges is the need for comprehensive im- member of the 35th Infantry Regiment, 25th ‘‘A Memoir to Gettysburg.’’ migration reform. Infantry Division during the Korean War, Pequannock High School: Joel Lumpkin’s I serve as the Immigration Task Force where he was taken as a prisoner of war on ‘‘Headless Self Portrait;’’ Lauren Porochniak’s Chairman of the Congressional Asian Pacific November 27, 1950 and died in February 8, ‘‘Spring Leaves.’’ American Caucus (CAPAC). The caucus in- 1951 while in prison. Ridge High School: Lindsay Abken’s ‘‘An cludes members who are of Asian Pacific de- Harry Leon Wilson is also the only known Icon;’’ Rebecca Goldberg’s ‘‘L’Orange Blue;’’ scent and those who represent Congressional African-American POW from Carter County,

VerDate Aug 31 2005 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E973 Tennessee to die in a Korean prisoner of war role model in her work in the Intensive Care she will be missed terribly, I admire the com- camp. Unit and always expresses compassion and mitment to her family that led to Gigi’s deci- Private Wilson was awarded the Combat In- care for her patients as well as her co-work- sion to retire. After so many years serving the fantryman’s Badge, the Prisoner of War ers. This has earned her the respect and es- public, it is no surprise that she is once again Medal, the Korean Service Medal, The United teem of her colleagues and patients alike. putting the needs of others first. Nations Service Medal, the National Defense Over the course of her 25-year nursing career, Madam Speaker, I would like to commend Service Medal, the Korean Presidential Unit Donna has become an impassioned advocate Gigi Kelaher for her years of public service Citation and the Republic of Korea War Serv- for her patients and colleagues. Her hard work and devotion to the House of Representatives. ice Medal. is complemented by her optimistic ability to Without the hard work of dedicated staff like Madam Speaker, I ask you and all of my find the silver lining in every cloud. Gigi, the ability of Members of Congress to colleagues to join me in honoring the memory, Madam Speaker, it is my honor to recognize represent the American public would suffer selfless service, and great sacrifice of PVT Donna Diaco for her service in the Intensive tremendously. I know that my colleagues join Harry Leon Wilson. Care Unit at Desert Springs Hospital and the me in thanking her for her assistance over the f community. Her professional expertise and years, and in wishing her the best now, and in caring nature have greatly enriched the lives all her future endeavors. TRIBUTE TO MRS. MARY of those in the Las Vegas community. I com- f MATTESON-PARRISH mend Donna for her efforts and commitment RECOGNIZING THE LIFE OF AS- to her patients and to our community. HON. KEVIN BRADY TRONAUT WALTER M. ‘‘WALLY’’ f SCHIRRA OF TEXAS CONGRATULATIONS MARJORIE IN THE HOUSE OF REPRESENTATIVES (GIGI) KELAHER HON. MARK UDALL Monday, May 7, 2007 OF COLORADO Mr. BRADY of Texas. Madam Speaker, I HON. VERNON J. EHLERS IN THE HOUSE OF REPRESENTATIVES rise today to honor a dear friend and out- OF MICHIGAN Monday, May 7, 2007 standing advocate for higher education, Mrs. IN THE HOUSE OF REPRESENTATIVES Mr. UDALL of Colorado. Madam Speaker, Mary Matteson-Parrish. Mrs. Matteson-Parrish Monday, May 7, 2007 today I rise to recognize the life of one of our served on the North Harris Montgomery Com- great space pioneers, Walter M. ‘‘Wally’’ munity College District (NHMCCD) Board of Mr. EHLERS. Madam Speaker, I rise today Schirra. Trustees from 1993 to 2005. During her tenure to congratulate Marjorie Kelaher on the occa- Schirra was one of the original seven Mer- she served as Board Chair, Vice Chair, Sec- sion of her retirement from the position of cury Astronauts and the only Astronaut to fly retary and Audit Committee Chair. Deputy Clerk of the U.S. House of Represen- in all three of the earliest manned space pro- While on the Board of Trustees, Mary co- tatives, which became effective as of May 1, grams: Mercury, Gemini, and Apollo. During chaired the citizen’s committee which worked 2007. one of his missions, Schirra conducted the tirelessly to conduct a successful petition drive For over 25 years, Gigi Kelaher has worked first rendezvous of manned spacecraft in orbit, and election campaign that permitted the Con- for the House of Representatives in a number considered one of the most challenging tasks roe Independent School District to join of different roles. Like many before her, Gigi got her start on Capitol Hill as an intern. Al- in space flight at the time. NHMCCD in 1991 thus creating higher edu- Schirra was a great astronaut and a great though many young people choose to leave cation opportunities for thousands of Mont- American. What many of my colleagues may the Hill once their internship has concluded, gomery County students and workers. In addi- not realize is that Schirra became an active Gigi found a home in these halls. Though she tion, Mrs. Matteson-Parrish’s commitment to businessman and citizen in Colorado after re- was in the earliest stages of her career, her improving access and enhancing the edu- tiring from the space program. I and my fellow work in the fall of 1978 for Congressman cational opportunities for citizens led to the Coloradans will miss him. For the benefit of Silvio O. Conte (R–MA) would be the begin- growth of the North Harris Montgomery Col- my colleagues, I have attached an article from lege District from 6 to 11 independent school ning of a lifetime of public service. Following her graduation from Villanova Uni- the Rocky Mountain News about Schirra’s im- districts and the expansion of services and fa- pact in Colorado. cilities from three campuses to five com- versity in 1979, Gigi returned to Capitol Hill and became a full-time employee for Con- [From the Rocky Mountain News, May 4, prehensive colleges: North Harris College, 2007] gressman Conte, the Ranking Minority Mem- Kingwood College, Tomball College, Mont- ASTRONAUT LEFT MARK ON STATE ber of the House Appropriations Committee. gomery College and Cy-Fair College. (By John C. Ensslin, Rocky Mountain News) This week Montgomery College will name She remained in his office in several different capacities until the Congressman’s death in Walter M. ‘‘Wally’’ Schirra had a long ca- its art gallery the Mary Matteson-Parrish Art reer in Colorado as a businessman, civic ac- Gallery in testimony of the community’s appre- 1991. In September of that year, Gigi became tivist and environmental consultant in the ciation and respect for Mary’s dedication to the Federal Agency Coordinator for the White decade after he retired as an astronaut. and leadership in providing high quality edu- House Conference on Aging under President And like two of his fellow astronauts, John cational opportunities for the citizens of Mont- George H. W. Bush, before joining the office Glenn and Scott Carpenter, he also lived part gomery County and the entire Eighth District of former Congressman Peter I. Blute (R–MA) of the year near Vail, where his daughter Su- of Texas. in 1993. zanne had been an artist. If her early career enabled her to serve a In one of his last public appearances in I join with these communities in honoring Colorado, Schirra, an avid horseman, took this outstanding leader and in applauding her single Member at a time, Gigi soon discovered part in a ceremony celebrating an exhibition work in expanding educational opportunities to a way to serve every Member of Congress— of cowboy hats at the Buffalo Bill Memorial all who seek to learn. by joining the Office of the Clerk of the House. Museum. The show included Schirra’s hat, f In 1995, she began her position as Chief of which sported drawings of trout and elk and Legislative Operations with the Clerk. In that pins from range rides he had gone on. PAYING TRIBUTE TO DONNA position, Gigi managed a staff of twenty who ‘‘He was very personable, very accessible, DIACO supported day-to-day House Floor operations. very down to earth,’’ said Steve Friesen, the She continued to build upon her experience in museum director. ‘‘He was a regular guy, but at the same time I had the feeling of stand- HON. JON C. PORTER the Clerk’s office, and was appointed Assistant ing next to someone who was a major part of OF NEVADA Clerk of the House in December 2003. Her history in my life. It was pretty cool.’’ IN THE HOUSE OF REPRESENTATIVES duties included the operations and planning of Schirra moved to Denver shortly after a 250-person organization responsible for the leaving NASA in March 1969. He became Monday, May 7, 2007 administration of the legislative processes of president of Regency Investors, a subsidiary Mr. PORTER. Madam Speaker, I rise today the House. In April 2006, Gigi was promoted of Denver financier John M. King. He later split from King to form his own to honor Donna Diaco, who is a distinguished to Deputy Clerk, where she continued to mon- company, Environmental Control Corp., and devoted nurse. itor Floor operations and administration for the which later became part of another company According to her colleagues, Donna Diaco is Clerk’s organization. This month, Gigi will recalled Semco Inc. The firm worked on envi- an outstanding member of the nursing staff at tire from her position to devote more time to ronmental impact studies for projects such Desert Springs Hospital. Donna is a constant her family in Holyoke, Massachusetts. While as a coal gasification plant in Wyoming.

VerDate Aug 31 2005 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E974 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2007 He was an avid sportsman. In October 1973, And under Dave’s stewardship, a network of as well. Diane represents quality nursing care Schirra was part of a group that purchased 29 intermodal facilities and park and ride lots and she also demonstrates a respectful man- acres west of Fort Morgan near the Platte have been built that are also enhancing transit ner towards her patients and their families. River for use as a sportsman’s club. He also once hosted a television series and car-pool opportunities for the citizens of She is highly motivated and continually ex- called The Outdoor Life. In May 1978, he was Sonoma County, and in so doing, relieving presses a desire to excel in her profession as named host of a weekly public affairs tele- congestion on Highway 101. a heaIthcare provider. Diane’s entire nursing vision program on then KOA Channel 4 That Dave is among the nation’s more inno- career has been defined by a commitment to called Scope with Wally Schirra. vative municipal public works directors would excellence and dedication to serving the pa- Schirra was active in Colorado Republican come as no surprise to those who know him. tients first. Her positive attitude and sincerity politics. In 1972, he was master of ceremonies He received a masters degree in Urban and are evident to her colleagues as she promotes for a downtown Denver rally for then-Vice President Spiro Agnew. In 1979, he was an Regional Planning and was an early advocate team work and unit excellence. honorary chairman for Ronald Reagan’s of sustainability, which he defines, as well as Madam Speaker it is my honor to recognize presidential campaign in Colorado. anybody I’ve heard, as ‘‘making sure that what Diane Peraza for her service for Desert In the early 1970s, his civic work included we do today doesn’t reduce opportunities for Springs Hospital and our community. Her pro- crusades for the Colorado chapter of the people in the future.’’ fessional expertise and caring nature have American Cancer Society to an organizing Sonoma County has been fortunate that greatly enriched the lives of those in the Las committee that tried unsuccessfully to bring David Knight has spent most of his career Vegas community. I commend Diane for her the winter Olympics to Colorado. working closely with our Board of Supervisors efforts and commitment to her patients and to f in helping to fashion and implement so many our community. I wish her well in her contin- HONORING DAVID KNIGHT UPON municipal improvements. We will miss him, but ued efforts as an outstanding nurse. HIS RETIREMENT know that along with Pat, his wife of 28 years, he will enjoy an active retirement residing in f HON. LYNN C. WOOLSEY the County and continue to contribute to the TRIBUTE TO DR. FRITZ BRUENING OF CALIFORNIA civic fabric that makes Sonoma such a won- IN THE HOUSE OF REPRESENTATIVES derful place to live and work . . . thanks to Dave! HON. DALE E. KILDEE Monday, May 7, 2007 f OF MICHIGAN Ms. WOOLSEY. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES REGARDING CO-SPONSORSHIP OF today to commemorate the impending retire- Monday, May 7, 2007 ment of David Knight as the Sonoma County H. CON. RES. 7 Director of Transportation and Public Works, Mr. KILDEE. Madam Speaker, today I would and to celebrate the time he has spent as a HON. BARBARA LEE like to recognize the accomplishments of Dr. Fritz Bruening. Dr. Bruening is the 2007 recipi- public servant for the people of the County. OF CALIFORNIA ent of the Jack Hamady Good Scout Award Dave has been Director of the Department for IN THE HOUSE OF REPRESENTATIVES over 4 years, following a 10-year tenure as from the Burton Rotary Club. He will receive Deputy Director and has been with the Depart- Monday, May 7, 2007 the award at a luncheon on May 10th. ment for a total of 28 years. Ms. LEE. Madam Speaker, I rise today in Dr. Bruening graduated from high school in During Dave’s time with the Department, regards to H. Con. Res. 7, the Darfur Part- Decorah, Iowa, where he was a member of Sonoma County has changed in many ways, ner’s for Peace Act, which calls on the League the wrestling team, the Honor Society and Val- and many of the improvements we have seen of Arab States and each Member State indi- edictorian of his graduating class. He contin- have been accomplished with his valuable vidually to acknowledge the genocide in the ued his education at Notre Dame University, guidance and leadership. When he first arrived Darfur region of Sudan and to step up their ef- where he was the captain of the wrestling at the County in 1979 as a young transpor- forts to stop it. team, graduated Cum Laude and was award- tation planner, Dave was tasked with devel- On April 26, 2007 the House passed my bill ed a Bachelor of Science degree. oping a new transit system. I was pleased to by a vote of 425–1. After completing his studies at the University work with Dave to help bring sustainable and Because House rules prohibit the addition of of Iowa, School of Medicine, Dr. Bruening fin- environmentally sound transportation pro- additional co-sponsors to a bill once the ished his internships at Good Samaritan Hos- grams and projects to our community. With House has passed a bill, I am not able to for- pital and East Mesa Emergency Center in Ari- Dave’s help, Santa Rosa’s bus fleet has mally add eight Members of Congress as co- zona. His residency in Ophthalmology was evolved from one with just a few, diesel sponsors of this legislation. completed at North Carolina Baptist Hospital buses, to a fleet that is entirely powered by I ask that the record show that Ms. and Wake Forest Medical Center, where he Compressed Natural Gas. It is still one of a BORDALLO of Guam, Mr. SESTAK of Pennsyl- was Chief Resident from 1984–1985. relative few fleets in the State that are 100 vania, Mr. LEVIN of Michigan, Ms. DELAURO of In 1994 Dr. Bruening relocated to Flint, percent alternatively-fueled. While the need for Connecticut, Mr. NEAL of Massachusetts, Mr. Michigan, and joined the Park Eye and a cleaner environment and energy independ- SALAZAR of Colorado, Mr. TIERNEY of Massa- SurgiCenter after 6 years in private practice in ence has been apparent to most of us for chusetts, and Ms. LOFGREN of California are in Winston-Salem, North Carolina. At the time he some time, few transit agencies have been as support of my bill and should be considered was one of a handful of surgeons capable of responsive in addressing these imperatives, by this body as co-sponsors of H. Con. Res. performing the Clear Cornea cataract surgery. as has Sonoma County Transit under Dave’s 7. He has subsequently published two articles, leadership. And now, the County is beginning f ‘‘Clear Cornea Surgery’’ in the March issue of to use methane gas captured at a County the Genesee County Medical Society Bulletin landfill to power County cars with the hope PAYING TRIBUTE TO DIANE and ‘‘Placement of a Secondary Foldable that it may one day be a source for our buses PERAZA Intraocular Lens over a Capsule Remnant’’ in and other fleet vehicles. the August issue of the Journal of Cataract That Dave has been a forward-thinking HON. JON C. PORTER and Refractive Surgery. leader in public works can be evidenced in OF NEVADA Dr. Bruening has devoted countless hours other ways, as well. Along with Marin County IN THE HOUSE OF REPRESENTATIVES to assisting the indigent and working poor. He officials, Dave and other Sonoma County lead- continues to take referrals from optometrists to ers recognized the benefits of public owner- Monday, May 7, 2007 perform surgeries on patients without insur- ship of the Northwestern Pacific Railroad right- Mr. PORTER. Madam Speaker, I rise today ance and incapable of paying. He counts the of-way; worked years ago to get it into public to honor Diane Peraza, who is being recog- restoration of sight to a man that had not been hands before its cost skyrocketed, and this nized as a distinguished and devoted profes- able to see for 20 years as his greatest corridor will almost certainly now be used to sional in her field. achievement. operate the SMART (Sonoma-Marin Area Rail According to her colleagues Diane Peraza is Madam Speaker, I ask the House of Rep- Transit) rail system which will relieve conges- an outstanding member of the nursing staff at resentatives to join me in congratulating Dr. tion, clean the air, and improve the quality of Desert Springs Hospital. Diane displays a car- Fritz Bruening as he receives the Jack life of all those who must now depend on the ing attitude while focusing not only on the Hamady Good Scout Award from the Burton horribly congested Highway 101. health of her patients, but their holistic needs Rotary Club.

VerDate Aug 31 2005 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E975 ON THE DEATH OF SERGEANT Since enacted in 1998, Tropical Forest Con- TRIBUTE TO THE CHATTANOOGA MICHAEL VAUGHAN servation Act programs have generated a total BAR ASSOCIATION of $135 million over 10 to 25 years to help HON. DARLENE HOOLEY conserve 50 million acres of tropical forests in HON. ZACH WAMP OF OREGON Asia, the Caribbean, Central and South Amer- OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES ica. But the rate of deforestation continues to IN THE HOUSE OF REPRESENTATIVES Monday, May 7, 2007 accelerate across the globe in all types of for- Monday, May 7, 2007 ests. Ms. HOOLEY. Madam Speaker, I rise today Similarly alarming is the rapid rate of coral Mr. WAMP. Madam Speaker, I rise today to to recognize the sacrifice and honor the loss reef and coastal exploitation. The burden of honor the works of the Chattanooga Bar Asso- of SGT Michael Vaughan. Answering the call foreign debt falls especially hard on the small- ciation in my hometown of Chattanooga, Ten- of service, Michael enlisted in the U.S. Army est of nations, such as island nations in the nessee, and join them in celebrating the while still completing studies at Taft High Caribbean and Pacific. With few natural re- CBA’s upcoming Law Day Luncheon on May School. Unlike his peers, he spent his post- sources, these nations often resort to har- 9, 2007. Law Day USA is set aside each year graduation summer learning the profession of vesting or otherwise exploiting coral reefs and on May 1st by a joint resolution of Congress arms. After boot camp and advanced training, other marine habitats to earn hard currency to and Presidential proclamation as an occasion Michael Vaughan worked hard to live up to the service foreign debt. According to the National for honoring the place of law in our lives. It is standards of the paratroopers. Oceanic and Atmospheric Administration, 60 not a national holiday, nor is it a ‘‘lawyer’s Just a few weeks ago, Sergeant Vaughan percent of the world’s coral reefs may be de- day.’’ Instead, Law Day is an occasion for all and eight other paratroopers with the famed stroyed by the year 2050 if the present rate of Americans to learn more about our law, our 82nd Airborne were killed when a suicide destruction continues. legal system, and our rights. It is also a day bomber attacked their compound in Sadah, The Forest and Coral Conservation Act will to reflect on our legal heritage, our responsibil- Iraq. These brave paratroopers were preparing credit qualified developing nations for each ities as citizens, and the principles of our for another patrol to keep the civilians in that dollar spent on a comprehensive reef preser- democratic government. Law Day has been a small town safe from the emerging violence. vation or management program designed to vital part of American life for several genera- Today, the community of Otis and all of Lin- tions. Law Day has celebrated our great herit- coln County, Oregon mourns the passing of protect these unique ecosystems from degradation. This legislation will make available age of liberty, justice and equality under law Michael. He was a good-natured young man since it was first proclaimed in 1958 by Presi- that people knew and loved, the kind of son resources for environmental stewardship that would otherwise be of the lowest priority in a dent Eisenhower. Law Day gives us the op- parents looked to as an example of sincerity, portunity to reflect on how the law protects earnestness, and mostly—of service. Though developing country. It will reduce debt by investing locally in programs that will strengthen and guides America’s quest for equal justice he longed for the days when his uniform and equal opportunity, just as it permits us to would hang in the closet, Sergeant Vaughan indigenous economies by creating long-term management policies that will preserve the express our opinions, select our leaders, wor- wanted to serve his country before beginning ship where we choose, and pursue our liveli- the rest of his life. Like his father and grand- natural resources upon which local commerce is based. hood. Thanks to the freedoms guaranteed by father before him, he knew that freedom is our Constitution, and protected by our laws fragile and that someone, somewhere, must Madam Speaker, this legislation has enormous consequences for the existence of crit- and courts, we American have the oppor- stand the post on the frontier. Sergeant Mi- tunity—unmatched anywhere in the world—to chael Vaughan is an example for us all. In his ical ecosystems, the health of our planet, and the livelihoods of millions of people across the develop our capabilities to the fullest. all too brief twenty years upon this planet, he This year, on May 9th, the Chattanooga Bar established a legacy that cannot—and must globe. I am proud to introduce the Forest and Coral Conservation Act, which will help pre- Association will honor the legal community of not—be forgotten. Chattanooga, Tennessee, with their annual As Memorial Day nears, I ask each of us to serve the world’s most precious natural resources. Law Day Luncheon. The theme of this year’s remember the life and purpose of those that Law Day USA is ‘‘Liberty Under Law: Empow- have given their last full measure so that we f ering Youth, Assuring Democracy.’’ The fea- could bask in the warmth of life and liberty. I tured speaker is Bill Curry. Mr. Curry is an ask each of us to look inside ourselves and to PAYING TRIBUTE TO JULIE ESPN analyst, a legendary college/pro football ask if we are doing everything we can do to WILBUR coach, and the Executive Director of The help these brave men and women. And I ask Baylor School’s Leadership Baylor Program. each of us to personally commit to seeking the HON. JON C. PORTER Curry says he has ‘‘been smitten’’ with the best answers for the problems we face and to OF NEVADA study of leadership since he was a young approach these challenges with the same IN THE HOUSE OF REPRESENTATIVES child. ‘‘I was one of those hyperaggressive dedication to duty, the same selflessness that boys who had too much energy and my teach- Monday, May 7, 2007 Michael Vaughan and his comrades in arms ers had to find ways to keep me occupied,’’ exemplified. Let us begin anew. Mr. PORTER. Madam Speaker, I rise today said Curry. He recalled one teacher in par- f to honor Julie Wilbur, a Registered Nurse who ticular who propped him in a corner next to a TO REAUTHORIZE THE TROPICAL has distinguished herself as an outstanding shelf loaded with biographies of U.S. historical FOREST CONSERVATION ACT and devoted professional in her field. figures and he proceeded to soak up the sto- AND EXPAND THE PROGRAM TO Julie Wilbur is a nurse at Spring Valley Hos- ries of George Washington, Thomas Jefferson, INCLUDE THE CONSERVATION OF pital. She has over 20 years of nursing experi- Lou Gehrig and many others. ‘‘I was absorbed ALL FORESTS AND CORAL ence and she presently serves as the Charge with study of leadership, and I decided I want- REEFS AND ASSOCIATED COAST- Nurse of General Medicine and Surgery, Julie ed to find out what made these people tick. AL MARINE RESOUCES has a diverse knowledge of her subject area How could Helen Keller do what she did? and is efficient and dependable. Julie has par- What could I do to be an effective leader my- HON. MARK STEVEN KIRK ticipated in a number of professional develop- self? Leadership has been a passion almost ment training courses such as the Construc- as long as I can remember,’’ said Curry. OF ILLINOIS tive Criticism Communication Course and Epi- During the luncheon, the Chattanooga Bar IN THE HOUSE OF REPRESENTATIVES dural Pain Management Course. Julie is also Association will honor Paul Neely with the Monday, May 7, 2007 active as a member in the Academy Med-Sur- 2007 ‘‘Liberty Bell Award.’’ This award, given Mr. KIRK. Madam Speaker, today I intro- gical Nurses Chapter #413 and as a com- to a person who is not in the legal profession, duce a bill to reauthorize and expand Rob mittee member of the Shared Governance is one of the Chattanooga Bar Association’s Portman’s landmark legislation, the Tropical Spring Valley Hospital Coordinating Council. highest honors. The purpose of the ‘‘Liberty Forest Conservation Act. This reauthorization Madam Speaker, I am proud to honor Julie Bell Award’’ is to recognize community service will help developing countries reduce foreign Wilbur. Over her 20 years in the nursing field, that has strengthened the American system of debt and provide comprehensive environ- she has greatly enriched countless lives. I freedom under law. In selecting the recipient mental preservation programs to protect for- commend her hard work, dedication and com- of this award, the Chattanooga Bar Associa- ests and endangered marine habitats around mitment as a health care provider to the resi- tion considers activities which (1) promote a the world. dents of Southern Nevada. better understanding of our Constitution and

VerDate Aug 31 2005 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E976 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2007 the Bill of Rights; (2) encourage a greater re- Treasurer; Joseph R. White, Immediate Past the importance of school-based music edu- spect for the law and the courts; (3) stimulate President; Barry L. Abbott, David Elliott, Ira M. cation to youth development will be resolved a deeper sense of individual responsibility so Long, Jr., John T. Rice, The Honorable Jac- by the full 110th Congress. that citizens recognize their duties as well as queline Schulten, and Christopher T. Varner. Truly, Hunters Lane High School expresses their rights; (4) contribute to the effective func- f our community’s commitment to music edu- tioning of our institution of governments; and cation, and I hope that this honor only furthers (5) foster a better understanding and apprecia- RECOGNIZING THE HUNTERS LANE the school’s goals. That is why today I ask my tion of the rule of law. I ask all Members of the HIGH SCHOOL MUSIC PROGRAM colleagues to join me in saluting the students, House of Representatives to join me in con- teachers and administrators of Hunters Lane, gratulating Paul Neely for his contributions to HON. JIM COOPER who have worked hard to make their music the Chattanooga community. OF TENNESSEE program one of the best in the country. May The winners of the Law Day Essay Contest, IN THE HOUSE OF REPRESENTATIVES this award inspire other public schools across which is open to all Hamilton County, private, the nation to follow in their footsteps. and home school students, grades 9–12 are in Monday, May 7, 2007 Division 1—1st place winning a $1,000 college Mr. COOPER. Madam Speaker, today I rise f scholarship is Christine Marie Leavens of Red to pay tribute to the students, teachers and Bank High School School. The 2nd place win- administrators of the music department at PAYING TRIBUTE TO THE GIL ner is Rachael Stewart of Ooltewah High Hunters Lane High School in Nashville, Ten- FAMILY School, and 3rd place winner is William An- nessee. They are tonight celebrating a well- drew Whitener of Ooltewah High School. deserved designation as a Signature School In Division 2 of the Law Day Essay Con- by the Grammy Foundation and the Gibson HON. JON C. PORTER test—1st place winning a $1,000 college Foundation, an honor given to just 22 schools OF NEVADA scholarship is Taylor Dickinson of Girls Pre- across the country. IN THE HOUSE OF REPRESENTATIVES paratory School; 2nd place winner is Radhika Hunters Lane is one of Nashville’ s fine pub- Monday, May 7, 2007 Patel of Baylor School; and receiving 3rd lic high schools, and in a city known for its place is John D. Whitehurst of McCallie music, Hunters Lane’s program lives up to our Mr. PORTER. Madam Speaker, I rise today School. community’s highest standards. The Warriors to honor the Gil family, proprietors of the Casa The Law Day Poetry Contest is open to all boast a marching band, a concert band, a jazz Don Juan restaurant, who were named the sixth, seventh, and eighth graders of the same band and a drum line, in addition to a bustling Small Business Association’s Family Owned demographics. Winning 1st place is Margaret choral music program, all of which perform to Small Business of the Year for the State of M. Copler; 2nd place winner is Mary Woodruff great acclaim. Indeed, the students at Hunters Nevada. Griffin; and 3rd place is Parker Mallchok, all of Lane are a talented bunch. Over 10 years ago, Maria and Raul Gil Girls Preparatory School. I was pleased, Madam Speaker, but not sur- moved to Las Vegas from California looking The Law Day Visual Arts contest is open to prised to learn that Hunters Lane was being for an opportunity to own and operate a family fourth and fifth graders of the same demo- recognized with a $5,000 grant from the restaurant. Upon arriving in Las Vegas the graphics. Winning 1st place is Dennis Sohn on Grammy Foundation and the Gibson Founda- Gil’s recognized that there was a lack of Mexi- his artwork titled ‘‘Protect Peacefully’’; winning tion to benefit the school’s guitar and piano can restaurants, and subsequently opened 2nd place is Victoria Reed Schaaf on her art- programs. Hunters Lane was selected from Casa Don Juan. Over the past 10 years, Casa work titled ‘‘Step By Step . . . Drinking and over 20,000 schools and 700 applicants. Don Juan has built up its clientele with excel- Driving’’; and winning 3rd Place is Lauren Clearly, their music program is the cream of lent food and service and now employs over Michelle Hood on her artwork titled ‘‘Liberty the crop. 40 people, including the Gil’s children, Nancy, Empowering Future Leaders’’. All winners in I am particularly proud of Hunters Lane’s Denisse and Billy. the art division are from St. Peter’s Episcopal commitment to music education. Just two Casa Don Juan is located on Main Street in School. weeks ago in the House of Representatives, downtown Las Vegas and has greatly bene- Madam Speaker, I ask the United States we passed a resolution I offered with my col- fited from the recent development and revital- House of Representatives to join me in thank- league Mr. PORTER expressing the sense of ization efforts. The Gil’s now plan to expand ing the Board of Governors of the Chat- Congress that ‘‘music education grounded in Casa Don Juan to meet the growing demand tanooga Bar Association for their contributions rigorous instruction is an important component from their very satisfied and loyal clientele. and commitment to the legal profession and to of a well-rounded academic curriculum and Madam Speaker, I am proud to honor Raul, the Chattanooga community. The members of should be available to every student in every Maria, Nancy, Billy and Denisse Gil. Their in- the CBA Board of Governers are Lynda Minks school.’’ Music education, the House found, novative spirit and hard work are commend- Hood, Executive Director; James M. Haley, IV, helps students ‘‘analyze, solve problems, com- able and I wish the Gil family continued suc- President; Cynthia D. Hall, President-elect; municate, and work cooperatively.’’ Soon I excess at Casa Don Juan. The Honorable Barry A. Steelman, Secretary- pect the Senate to concur in this matter, and

VerDate Aug 31 2005 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E977 SENATE COMMITTEE MEETINGS 10 a.m. Appropriations Judiciary Transportation, Housing and Urban Devel- Title IV of Senate Resolution 4, Business meeting to consider S. 376, to opment, and Related Agencies Sub- agreed to by the Senate on February 4, amend title 18, United States Code, to committee 1977, calls for establishment of a sys- improve the provisions relating to the To hold hearings to examine the Federal tem for a computerized schedule of all carrying of concealed weapons by law Aviation Administration’s budget per- meetings and hearings of Senate com- enforcement officers, and S. 221, to formance and treatment. mittees, subcommittees, joint commit- amend title 9, United States Code, to SD–138 tees, and committees of conference. provide for greater fairness in the arbi- 10 a.m. This title requires all such committees tration process relating to livestock Finance to notify the Office of the Senate Daily and poultry contracts. To hold hearings to examine economic Digest—designated by the Rules Com- SD–226 issues for America’s working families Environment and Public Works and middle class. mittee—of the time, place, and purpose Private Sector and Consumer Solutions to of the meetings, when scheduled, and SD–215 Global Warming and Wildlife Protec- Judiciary any cancellations or changes in the tion Subcommittee To hold hearings to examine the nomina- meetings as they occur. To hold hearings to examine emerging tions of Leslie Southwick, of Mis- As an additional procedure along technologies and practices for reducing sissippi, to be United States Circuit with the computerization of this infor- greenhouse gas emissions. Judge for the Fifth Circuit, Janet T. mation, the Office of the Senate Daily SD–406 Neff, to be United States District Digest will prepare this information for 10:30 a.m. Judge for the Western District of printing in the Extensions of Remarks Appropriations Michigan, and Liam O’Grady, to be Defense Subcommittee section of the CONGRESSIONAL RECORD United States District Judge for the To hold hearings to examine proposed on Monday and Wednesday of each Eastern District of Virginia. budget estimates for fiscal year 2008 for week. SD–226 the Department of Defense. Commerce, Science, and Transportation Meetings scheduled for Monday, May SD–192 7, 2007 may be found in the Daily Di- Oceans, Atmosphere, Fisheries, and Coast 2:30 p.m. Guard Subcommittee gest of today’s RECORD. Commerce, Science, and Transportation To hold hearings to examine the effects Consumer Affairs, Insurance, and Auto- MEETINGS SCHEDULED of climate change and ocean acidifica- motive Safety Subcommittee tion on living marine resoucres. To hold hearings to examine All-Terrain SR–253 MAY 8 Vehicle (ATV) safety. Appropriations 10 a.m. SR–253 State, Foreign Operations, and Related Commerce, Science, and Transportation Foreign Relations Programs Subcommittee Business meeting to consider pending To hold hearings to examine the nomina- To hold hearings to examine proposed tions of Dell L. Dailey, of South Da- calendar business. budget estimates for fiscal year 2008 for kota, to be Coordinator for Counter- SR–253 the Department of State and foreign terrorism, with the rank and status of Finance operations. To hold an oversight hearing to examine Ambassador at Large, and Mark P. SD–192 the Medicare prescription drug benefit. Lagon, of Virginia, to be Director of 2:30 p.m. SD–215 the Office to Monitor and Combat Traf- Homeland Security and Governmental Af- Health, Education, Labor, and Pensions ficking, with the rank of Ambassador fairs To hold hearings to examine community at Large. To hold hearings to examine violent integration and recovery, focusing on SD–419 Islamist extremism, focusing on gov- transforming mental health and sub- 3 p.m. ernment efforts to defeat it. stance abuse systems of care. Appropriations SD–342 SD–628 Financial Services and General Govern- 3 p.m. Judiciary ment Subcommittee To hold hearings to examine privacy and To hold hearings to examine proposed Banking, Housing, and Urban Affairs civil liberties concerns, focusing on the budget estimates for fiscal year 2008 for To hold hearings to examine the nomina- REAL ID Act (Public Law 109–13). the Internal Revenue Service. tions of David George Nason, of Rhode SD–226 SD–192 Island, to be a Member of the Board of 2:30 p.m. Aging Directors of the National Consumer Co- Appropriations To hold hearings to examine the future operative Bank, Nguyen Van Hanh, of Energy and Water Development Sub- of Medicare, focusing on recognizing California, to be a Member of the Board committee the need for chronic care coordination. of Directors of the National Consumer To hold hearings to examine the policies SD–106 Cooperative Bank, David George and funding necessary for reducing Nason, of Rhode Island, to be an Assist- U.S. oil dependence relating to the re- MAY 10 ant Secretary of the Treasury, Mario sults of an analysis conducted to assess Mancuso, of New York, to be Under 9 a.m. the economic impact of implementing Secretary of Commerce for Export Ad- Homeland Security and Governmental Af- the Energy Security Leadership Coun- ministration, Michael W. Tankersley, fairs cil’s recommendations to the Nation. of Texas, to be Inspector General, Ex- Oversight of Government Management, the SD–192 port-Import Bank, Bijan Rafiekian, of Federal Workforce, and the District of Intelligence California, to be a Member of the Board Columbia Subcommittee Closed business meeting to consider cer- of Directors of the Export-Import Bank tain intelligence matters. To hold hearings to examine a status re- of the United States, Scott A. Keller, SH–219 port on reform efforts by the Under Secretary of Homeland Security for of Florida, to be an Assistant Sec- retary of Housing and Urban Develop- MAY 9 Management. ment, Robert M. Couch, of Alabama, to 9:30 a.m. SD–342 9:30 a.m. be General Counsel of the Department Agriculture, Nutrition, and Forestry of Housing and Urban Development, To hold hearings to examine farm bill Energy and Natural Resources and Janis Herschkowitz, of Pennsyl- policy proposals relating to farm and To hold hearings to examine the nomina- vania, to be a Member of the Board of energy issues and rural development. tions of Joseph Timothy Kelliher, of Directors of the National Consumer Co- SR–328A the District of Columbia, to be a Mem- operative Bank. Foreign Relations ber of the Federal Energy Regulatory To hold hearings to examine climate Commission, and R. Lyle Laverty, of SD–538 change relating to national security Colorado, to be Assistant Secretary for threats. Fish and Wildlife. MAY 15 SD–419 SD–366 10 a.m. Veterans’ Affairs Indian Affairs Commerce, Science, and Transportation To hold hearings to examine on benefits Business meeting to consider pending To hold hearings to examine communica- legislation. legislative business. tions, taxation and federalism. SD–562 SR–485 SR–253

VerDate Aug 31 2005 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E978 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2007 2:30 p.m. battlefields and related sites as a sepa- MAY 23 Energy and Natural Resources rate unit of the National Park System. 9:30 a.m. National Parks Subcommittee SD–366 Veterans’ Affairs To hold hearings to examine S. 553, to To hold hearings to examine on health amend the Wild and Scenic Rivers Act MAY 16 legislation. to designate certain segments of the 10 a.m. SD–562 Eightmile River in the State of Con- Judiciary necticut as components of the National To hold hearings to examine rogue online MAY 24 Wild and Scenic Rivers System, S. 800, pharmacies, focusing on the growing 10 a.m. to establish the Niagara Falls National problem of internet drug trafficking. Commerce, Science, and Transportation Heritage Area in the State of New SD–226 To hold hearings to examine the nomina- York, S. 916, to modify the boundary of Veterans’ Affairs tions of Michael E. Baroody, of Vir- the Minidoka Internment National To hold hearings to examine the nomina- ginia, to be Chairman and Commis- Monument, to establish the Minidoka tion of Michael K. Kussman, of Massa- sioner of the Consumer Product Safety National Historic Site, to authorize the chusetts, to be Under Secretary for Commission, and Charles Darwin Secretary of the Interior to convey cer- Health of the Department of Veterans Snelling, of Pennsylvania, to be a tain land and improvements of the Affairs. Member of the Board of Directors of Gooding Division of the Minidoka SD–562 the Metropolitan Washington Airports Project, Idaho, S. 1057, to amend the 2:30 p.m. Authority. Wild and Scenic Rivers Act to des- Commerce, Science, and Transportation SR–253 ignate certain segments of the New Business meeting to consider pending River in the States of North Carolina calendar business. and Virginia as a component of the Na- SR–253 CANCELLATIONS tional Wild and Scenic Rivers System, Small Business and Entrepreneurship S. 1209, to provide for the continued ad- Business meeting to markup S. 1256, to MAY 9 ministration of Santa Rosa Island, amend the Small Business Act to reau- Channel Islands National Park, in ac- thorize loan programs under that Act. 10 a.m. cordance with the laws (including regu- SR–428A Rules and Administration lations) and policies of the National To hold hearings to examine improving Park Service, S. 1281, to amend the MAY 17 energy efficiency, increasing the use of Wild and Scenic Rivers Act to des- 9:30 a.m. renewable sources of energy, and reduc- ignate certain rivers and streams of Armed Services ing the carbon footprint on the Capitol the headwaters of the Snake River Sys- To hold hearings to examine the United complex. tem as additions to the National Wild States European Command in review of SR–301 and Scenic River System, H.R. 161, to the Defense Authorization Request for adjust the boundary of the Minidoka Fiscal Year 2008 and the Future Years MAY 10 Internment National Monument to in- Defense Program. 2:30 p.m. clude the Nidoto Nai Yoni Memorial in SH–216 Intelligence Bainbridge Island, Washington, H.R. 10 a.m. To hold closed hearings to examine cer- 247, to designate a Forest Service trail Commerce, Science, and Transportation tain intelligence matters. at Waldo Lake in the Willamette Na- To hold hearings to examine violence in SH–219 tional Forest in the State of Oregon as the media. a national recreation trail in honor of SR–253 Jim Weaver, a former Member of the POSTPONEMENTS House of Representatives, and H.R. 376, MAY 22 to authorize the Secretary of the Inte- 10 a.m. 2 p.m. rior to conduct a special resource study Commerce, Science, and Transportation Judiciary to determine the suitability and feasi- Surface Transportation and Merchant Ma- To hold hearings to examine the nomina- bility of including the battlefields and rine Infrastructure, Safety and Secu- tion of Michael J. Sullivan, of Massa- related sites of the First and Second rity Subcommittee chusetts, to be Director, Bureau of Al- Battles of Newtonia, Missouri, during To hold hearings to examine rail safety cohol, Tobacco, Firearms, and Explo- the Civil War as part of Wilson’s Creek reauthorization. sives. National Battlefield or designating the SR–253 SD–226

VerDate Aug 31 2005 06:12 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E07MY7.REC E07MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE Monday, May 7, 2007 Daily Digest Senate Stabenow Amendment No. 1011, to insert provi- Chamber Action sions related to citizens petitions. Page S5634 Routine Proceedings, pages S5623–S5673 Brown (for Brownback/Brown) Amendment No. Measures Introduced: Thirteen bills and four reso- 985, to establish a priority drug review process to lutions were introduced, as follows: S. 1312–1324, S. encourage treatments of tropical diseases. Page S5634 Res. 189–190, and S. Con. Res. 33. Page S5655 Vitter Amendment No. 983, to require counterfeit-resistant technologies for prescription drugs. Measures Reported: Page S5634 S. 496, to reauthorize and improve the program Inhofe Amendment No. 988, to protect children authorized by the Appalachian Regional Develop- and their parents from being coerced into admin- ment Act of 1965, with amendments. (S. Rept. No. istering a controlled substance in order to attend 110–63) school. Page S5634 S. 163, to improve the disaster loan program of Gregg/Coleman Amendment No. 993, to provide the Small Business Administration, with an amend- for the regulation of Internet pharmacies. ment in the nature of a substitute. (S. Rept. No. Pages S5634, S5647–51 110–64) Page S5655 During consideration of this measure today, Senate Measures Passed: also took the following action: Senate Legal Representation: Senate agreed to S. By 82 yeas to 8 nays (Vote No. 152), three-fifths Res. 189, to authorize testimony and legal represen- of those Senators duly chosen and sworn, having tation in District of Columbia v. Ellen E. Barfield, voted in the affirmative, Senate agreed to the motion Eve-Leona Tetaz, Jeffrey A. Leys, and Jerome A. to close further debate on the committee amendment Zawada. Page S5669 in the nature of a substitute, as modified, and amended. Pages S5641–42 Kansas Disaster: Senate agreed to S. Res. 190, A unanimous-consent agreement was reached pro- expressing the condolences of the Nation to the viding for further consideration of the bill at 11 community of Greensburg, Kansas. Page S5669 a.m., on Tuesday, May 8, 2007 and that second-de- Measures Considered: gree amendments must be filed by 10:30 a.m., not- Prescription Drug User Fee Amendments: Senate withstanding Rule XXII. Page S5669 resumed consideration of S. 1082, to amend the Fed- Kapala Nomination—Agreement: A unanimous- eral Food, Drug, and Cosmetic Act to reauthorize consent-time agreement was reached proving that at and amend the prescription drug user fee provisions, 11:50 a.m., on Tuesday, May 8, 2007, Senate begin and taking action on the following amendments pro- consideration of the nomination of Frederick J. posed thereto: Pages S5634–51 Kapala, to be United States District Judge for the Adopted: Northern District of Illinois; provided further, that By 49 yeas and 40 nays (Vote No. 151), Cochran there be 20 minutes of debate equally divided be- Amendment No. 1010 (to Amendment No. 990), to tween the Chairman and Ranking Member of the protect the health and safety of the public. Committee on the Judiciary, or their designees; at Pages S5634, S5637–41 the conclusion or yielding back of time, Senate vote Dorgan Amendment No. 990, to provide for the on the nomination. Pages S5668–69 importation of prescription drugs. Pages S5634, S5641 Nominations Received: Senate received the fol- Pending: lowing nominations: Landrieu Amendment No. 1004, to require the William G. Sutton, Jr., of Virginia, to be an As- Food and Drug Administration to permit the sale of sistant Secretary of Commerce. baby turtles as pets so long as the seller uses proven 3 Army nominations in the rank of general. methods to effectively treat salmonella. Page S5634 A routine list in the Foreign Service. Page S5673 D627

VerDate Aug 31 2005 05:26 May 08, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MY7.REC D07MYPT1 ccoleman on PRODPC74 with DIGEST D628 CONGRESSIONAL RECORD — DAILY DIGEST May 7, 2007 Messages from the House: Page S5652 Committee Meetings Measures Referred: Page S5652 Measures Placed on the Calendar: Page S5652 (Committees not listed did not meet) Measures Read the First Time: Pages S5652, S5669 APPROPRIATIONS: NATIONAL INSTITUTES Executive Communications: Pages S5652–55 OF HEALTH Additional Cosponsors: Pages S5655–57 Committee on Appropriations: Subcommittee on Labor, Statements on Introduced Bills/Resolutions: Health and Human Services, Education, and Related Pages S5657–61 Agencies concluded a hearing to examine proposed Additional Statements: Pages S5651–52 budget estimates for fiscal year 2008 for the Na- Amendments Submitted: Pages S5661–68 tional Institutes of Health: Frontiers of Science, after receiving testimony from Jeremy Mark Berg, Direc- Notices of Hearings/Meetings: Page S5668 tor, National Institute of General Medicine Sciences, Record Votes: Two record votes were taken today. Francis S. Collins, Director, National Human Ge- (Total—152) Pages S5641, S5642 nome Research Institute, Donald A.B. Lindberg, Di- Adjournment: Senate convened at 2:15 p.m., and rector, National Library of Medicine, and Roderic I. adjourned at 6:51 p.m., until 10 a.m. on Tuesday, Pettigrew, Director, National Institute of Biomedical May 8, 2007. (For Senate’s program, see the remarks Imaging and Bioengineering, all of the National In- of the Majority Leader in today’s Record on page stitutes of Health, Department of Health and S5669.) Human Services. h House of Representatives facility and recycled water system (H. Rept. Chamber Action 110–125); Public Bills and Resolutions Introduced: 16 pub- H.R. 1114, to require the Secretary of the Inte- lic bills, H.R. 2183–2198; 1 private bill, H. Res. rior, acting through the Bureau of Reclamation and 381; and 5 resolutions, H. Con. Res. 143; and H. the United States Geological Survey, to conduct a Res. 376, 378–380 were introduced. Pages H4552–53 study on groundwater resources in the State of Alas- ka (H. Rept. 110–126); Additional Cosponsors: Pages H4553–54 H.R. 1080, to modify the boundaries of Grand Reports Filed: A report was filed on May 4, 2007 Teton National Park to include certain land within as follows: the GT Park Subdivision (H. Rept. 110–127); H.R. 1684, to authorize appropriations for the H.R. 487, to amend the Cheyenne River Sioux Department of Homeland Security for fiscal year Tribe Equitable Compensation Act to provide com- 2008, with an amendment (H. Rept. 110–122); Re- pensation to members of the Cheyenne River Sioux ports were filed today as follows: Tribe for damage resulting from the Oahe Dam and H. Con. Res. 124, authorizing the use of the Cap- Reservoir Project (H. Rept. 110–128); itol Grounds for the National Peace Officers’ Memo- H.R. 1595, to implement the recommendations of rial Service (H. Rept. 110–123); the Guam War Claims Review Commission, with an H.R. 1294, to extend Federal recognition to the amendment (H. Rept. 110–129); Chickahominy Indian Tribe, the Chickahominy In- H. Res. 377, providing for consideration of H.R. dian Tribe—Eastern Division, the Upper Mattaponi 1294, to extend Federal recognition to the Chicka- Tribe, the Rappahannock Tribe, Inc., the Monacan hominy Indian Tribe, the Chickahominy Indian Tribe—Eastern Division, the Upper Mattaponi Indian Nation, and the Nansemond Indian Tribe, Tribe, the Rappahannock Tribe, Inc., the Monacan with an amendment (H. Rept. 110–124); Indian Nation, and the Nansemond Indian Tribe (H. H.R. 1140, to authorize the Secretary, in coopera- Rept. 110–130); and tion with the City of San Juan Capistrano, Cali- H.R. 2082, to authorize appropriations for fiscal fornia, to participate in the design, planning, and year 2008 for intelligence and intelligence-related construction of an advanced water treatment plant activities of the United States Government, the

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Page H4489 water and Groundwater Study and Facilities Act to Recess: The House recessed at 12:31 p.m. and reauthorize the Secretary of the Interior to participate convened at 2 p.m. Page H4489 in the Eastern Municipal Water District Recycled Clerk Designations: Read a letter from the Clerk Water System Pressurization and Expansion Project; wherein she designated Ms. Deborah M. Spriggs, Page H4506 Deputy Clerk, and Mr. Jorge E. Sorensen, Deputy Lower Republican River Basin Study Act: H.R. Clerk, to sign any and all papers and do all other 1025, to authorize the Secretary of the Interior to acts in case of her temporary absence or disability. conduct a study to determine the feasibility of im- Pages H4489–90 plementing a water supply and conservation project Suspensions: The House agreed to suspend the rules to improve water supply reliability, increase the ca- and pass the following measures: pacity of water storage, and improve water management efficiency in the Republican River Basin be- Recognizing and welcoming the leaders of the tween Harlan County Lake in Nebraska and Milford Pacific Islands to Washington, D.C., and com- Lake in Kansas, by a 2⁄3 yea-and-nay vote of 370 mending the East-West Center for hosting the Pa- yeas to 1 nay, Roll No. 303; Pages H4506–07, H4527 cific Islands Conference of Leaders: H. Res. 355, to recognize and welcome the leaders of the Pacific Is- Alaska Water Resources Act of 2007: H.R. 1114, lands to Washington, D.C., and to commend the to require the Secretary of the Interior, acting East-West Center for hosting the Pacific Islands through the Bureau of Reclamation and the United Conference of Leaders; Pages H4490–94 States Geological Survey, to conduct a study on Authorizing the use of the Capitol Grounds for groundwater resources in the State of Alaska; the National Peace Officers’ Memorial Service: H. Pages H4507–08 Con. Res. 124, to authorize the use of the Capitol South Orange County Recycled Water Enhance- Grounds for the National Peace Officers’ Memorial ment Act: H.R. 1140, to authorize the Secretary, in Service; Pages H4494–95 cooperation with the City of San Juan Capistrano, Columbia-Pacific National Heritage Area Study California, to participate in the design, planning, Act: H.R. 407, amended, to direct the Secretary of and construction of an advanced water treatment the Interior to conduct a study to determine the fea- plant facility and recycled water system; sibility of establishing the Columbia-Pacific National Pages H4508–09 Heritage Area in the States of Washington and Or- Homeless Veterans Housing at Sepulveda Ambu- egon, by a 2⁄3 yea-and-nay vote of 294 yeas to 80 latory Care Center Promotion Act: H.R. 1642, to nays, Roll No. 302; Pages H4499–H4502, H4526–27 direct the Secretary of Veterans Affairs to ensure Grand Teton National Park Extension Act of that, to the extent possible, an enhanced-use lease for 2007: H.R. 1080, to modify the boundaries of a homeless housing project at the Department of Grand Teton National Park to include certain land Veterans Affairs facility known as the Sepulveda within the GT Park Subdivision; Page H4502 Ambulatory Care Center, located in North Hills, Cheyenne River Sioux Tribe Equitable Com- California, shall provide that such housing project pensation Amendments Act of 2007: H.R. 487, to shall be maintained as a sober living facility for vet- amend the Cheyenne River Sioux Tribe Equitable erans only; Pages H4516–19 Compensation Act to provide compensation to mem- Commending the Michigan State University bers of the Cheyenne River Sioux Tribe for damage Spartans for their victory in the 2007 NCAA resulting from the Oahe Dam and Reservoir Project; Hockey Championship: H. Res. 325, amended, to Pages H4502–05 commend the Michigan State University Spartans for City of Oxnard Water Recycling and Desalina- their victory in the 2007 NCAA Hockey Champion- tion Act of 2007: H.R. 1737, to amend the Rec- ship; Pages H4519–20 lamation Wastewater and Groundwater Study and Honoring the contributions of the Rocky Moun- Facilities Act to authorize the Secretary of the Inte- tain Senior Games on its 30th anniversary for sig- rior to participate in the design, planning, and con- nificantly improving the health and well-being of

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older Americans: H. Res. 290, to honor the con- Adjournment: The House met at 12:30 p.m. and tributions of the Rocky Mountain Senior Games on adjourned at 10:34 p.m. its 30th anniversary for significantly improving the health and well-being of older Americans; Pages H4520–21 Committee Meetings In observance of National Physical Education SELECT INTELLIGENCE OVERSIGHT PANEL and Sports Week: H. Res. 371, to observe National Committee on Appropriations: Select Intelligence Over- Physical Education and Sports Week, by a 2⁄3 yea- sight Panel met in executive session to hold a hear- and-nay vote of 373 yeas with none voting ‘‘nay’’, ing on the National Geospatial Agency. Testimony Roll No. 304; Pages H4521–23, H4527–28 was heard from departmental witnesses. Recognizing annually a National Classified School Employee of the Year and honoring the val- THOMASINA E. JORDAN INDIAN TRIBES uable contributions of Classified School Employees OF VIRGINIA FEDERAL RECOGNITION ACT in the United States: H. Res. 376, to recognize an- OF 2007 nually a National Classified School Employee of the Committee on Rules: Granted, by non-record vote, a Year and to honor the valuable contributions of closed rule. The rule provides 1 hour of debate on Classified School Employees in the United States; H.R. 1294, Thomasina E. Jordon Indian Tribes of and Pages H4523–24 Virginia Federal Recognition Act of 2007, in the Supporting the goals and ideals of ‘‘National House equally divided and controlled by the chair- Correctional Officers and Employees Week’’ and man and ranking minority member of the Com- honoring the service of correctional officers and em- mittee on Natural Resources. ployees: The rule waives all points of order against consid- H. Res. 264, to support the goals and ideals eration of the bill except for clauses 9 and 10 of of ‘‘National Correctional Officers and Employees Rule XXI. The amendment in the nature of a sub- Week’’ and to honor the service of correctional offi- stitute recommended by the Committee on Natural cers and employees. Pages H4524–26 Resources now printed in the bill, modified by the Setting forth the congressional budget for the amendments printed in the report of the Committee United States Government for fiscal year 2008— on Rules, shall be considered as adopted and the Rule for Consideration: The House debated H. bill, as amended, shall be considered as read. The Res. 370, the rule providing for consideration of S. rule waives all points of order against the bill, as Con. Res. 21, setting forth the congressional budget amended. The rule provides one motion to recommit for the United States Government for fiscal year with or without instructions. Finally, the rule pro- 2008 and including the appropriate budgetary levels vides that the Chair may postpone further consider- for fiscal years 2007 and 2009 through 2012. Fur- ation of the bill to a time designated by the Speaker. ther consideration is expected to resume on Tuesday, Testimony was heard from Representatives Grijalva May 8th. Pages H4509–16 and Moran of Virginia. Recess: The House recessed at 6:02 p.m. and recon- f vened at 6:30 p.m. Page H4526 COMMITTEE MEETINGS FOR TUESDAY, Suspension—Proceeding Postponed: The House MAY 8, 2007 debated the following measure under suspension of (Committee meetings are open unless otherwise indicated) the rules. Further proceedings were postponed until Tuesday, May 8th: Senate Guam World War II Loyalty Recognition Act: Committee on Appropriations: Subcommittee on Energy H.R. 1595, amended, to implement the rec- and Water Development, to hold hearings to examine the ommendations of the Guam War Claims Review policies and funding necessary for reducing U.S. oil dependence relating to the results of an analysis conducted Commission. Pages H4495–99 to assess the economic impact of implementing the En- Senate Message: Message received from the Senate ergy Security Leadership Council’s recommendations to by the Clerk and subsequently presented to the the Nation, 2:30 p.m., SD–192. House today appears on page H4489. Committee on Commerce, Science, and Transportation: business meeting to consider pending calendar business, 10 Quorum Calls—Votes: Three yea-and-nay votes de- a.m., SR–253. veloped during the proceedings of today and appear Committee on Finance: to hold an oversight hearing to on pages H4526–27, H4527 and H4527–28. There examine the Medicare prescription drug benefit, 10 a.m., were no quorum calls. SD–215.

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Committee on Health, Education, Labor, and Pensions: to Committee on House Administration, to consider the fol- hold hearings to examine community integration and re- lowing: H.R. 811, Voter Confidence and Increased Acces- covery, focusing on transforming mental health and sub- sibility Act of 2007; Russell v. Brown-Waite (FL–5); Gon- stance abuse systems of care, 10 a.m., SD–628. zalez v. Diaz-Balart (FL–21); Curtis v. Feeney (FL–24); and Committee on the Judiciary: to hold hearings to examine Cox v. McCrery (LA–4); and a Committee Franking Allo- privacy and civil liberties concerns, focusing on the REAL cation Resolution, 1 p.m., 1310 Longworth. ID Act (Public Law 109–13), 10 a.m., SD–226. Committee on the Judiciary, Antitrust Task Force, hearing Select Committee on Intelligence: closed business meeting on the findings and recommendations of the Antitrust to consider certain intelligence matters, 2:30 p.m., Modernization Commission, as established by the Anti- SH–219. trust Modernization Commission Act of 2002, 2 p.m., House 2141 Rayburn. Subcommittee on Immigration, Citizenship, Refugees, Committee on Agriculture, Subcommittee on Livestock, Dairy, and Poultry, hearing to review the welfare of ani- Border Security, and International Law, hearing on the mals in agriculture, 10:30 a.m., 1300 Longworth. Role of Family-Based Immigration in the U.S. Immigra- Committee on Armed Services, Subcommittee on Readi- tion System, 9:30 a.m., 2141 Rayburn. ness, to mark up H.R. 1585, National Defense Author- Committee on Rules, to consider the following: H.R. ization Act for Fiscal Year 2008, 10 a.m., 2118 Rayburn. 1684, Department of Homeland Security Authorization Committee on Education and Labor, Subcommittee on Act for Fiscal Year 2008; and H.R. 1873, Small Business Health, Education, Labor and Pensions, hearing on ‘‘Are Fairness in Contracting Act, 3 p.m., H–313 Capitol. NLRB and Court Rulings Misclassifying Skilled and Pro- Committee on Transportation and Infrastructure, Sub- fessional Employees as Supervisors?’’ 2:30 p.m., 2175 committee on Economic Development, Public Buildings Rayburn. and Emergency Management and the Subcommittee on Committee on Energy and Commerce, Subcommittee on En- Water Resources and Environment, joint hearing on Na- ergy and Air Quality, hearing entitled ‘‘Alternative Fuels: tional Levee Safety and Dam Safety Programs, 10 a.m., Current Status, Proposals for New Standards, and Related 2167 Rayburn. Infrastructure Issues,’’ 10 a.m., 2123 Rayburn. Subcommittee on Railroads, Pipelines and Hazardous Committee on Financial Services, Subcommittee on Finan- Materials, hearing on Rail Safety Legislation, 2 p.m., cial Institutions and Consumer Credit, hearing on the 2167 Rayburn. Role of the Secondary Market in Subprime Mortgage Committee on Veterans’ Affairs, Subcommittee on Dis- Lending, 10 a.m., 2128 Rayburn. ability Assistance and Memorial Affairs, to mark up H.R. Subcommittee on Housing and Community Oppor- 67, Veterans Outreach Improvement Act of 2007; fol- tunity, hearing entitled ‘‘Rural Housing Programs: Re- lowed by a hearing on Veterans Cemeteries: Honoring view Fiscal Year 2008 Budget and Pending Rural Hous- Those Who Served, 2 p.m., 334 Cannon. ing Legislation,’’ including the following bills: H.R. Subcommittee on Oversight and Investigations, hearing 1980, Housing Assistance Council Authorization Act of 2007; and H.R. 1982, Rural Housing and Economic De- on Sharing of Electronic Medical Records between De- velopment Improvement Act of 2007, 2 p.m., 2128 Ray- partment of Defense and Department of Veterans’ Affairs, burn. 10 a.m., 334 Cannon. Committee on Foreign Affairs, Subcommittee on the Mid- Committee on Ways and Means, Subcommittee on Income dle East and South Asia, hearing on Two Sides of the Security and Family Support and the Subcommittee on Same Coin: Jewish and Palestinian Refugees, 10 a.m., Select Revenue Measures, joint hearing on Independent 2172 Rayburn. Workers, 9:30 a.m., 1100 Longworth.

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Next Meeting of the SENATE Representatives that public servants should be commended for 10 a.m., Tuesday, May 8 their dedication and continued service to the Nation during Public Service Recognition Week, May 7 through 13, 2007; Senate Chamber (2) H. Con. Res. 117—Commemorating the 400th Anniversary of the settlement of Jamestown; (3) H. Res. 291—Supporting Program for Tuesday: After the transaction of any morning the goals and ideals of Peace Officers Memorial Day; (4) H. business (not to extend beyond 60 minutes), Senate will continue consideration of S. 1082, Prescription Drug User Fee Con. Res. 105—Supporting the goals and ideals of a National Amendments. At 11:50 a.m. Senate will begin consideration of Suffragists Day to promote awareness of the importance of the the nomination of Frederick J. Kapala, to be United States Dis- women suffragists who worked for the right of women to vote trict Judge for the Northern District of Illinois and after a pe- in the United States; (5) H.R. 2080—To amend the District riod of debate vote on confirmation thereon. of Columbia Home Rule Act to conform the District charter (Senate will recess from 12:30 p.m. until 2:15 p.m. for their re- to revisions made by the Council of the District of Columbia spective party conferences.) relating to public education; and (6) H.R. 2081—To amend the District of Columbia Home Rule Act to increase the salary of the Chief Financial Officer of the District of Columbia. Con- Next Meeting of the HOUSE OF REPRESENTATIVES sideration of H.R. 1294—Thomasina E. Jordan Indian Tribes 10:30 a.m., Tuesday, May 8 of Virginia Federal Recognition Act of 2006 (Subject to a Rule) and H.R. 1873—Small Business Fairness in Contracting House Chamber Act (Subject to a Rule). Program for Tuesday: Consideration of the following suspensions: (1) H. Res. 307—Expressing the sense of the House of

Extensions of Remarks, as inserted in this issue

HOUSE Ehlers, Vernon J., Mich., E973 Myrick, Sue Wilkins, N.C., E971, E971 Engel, Eliot L., N.Y., E967 Porter, Jon C., Nev., E965, E967, E968, E970, E971, Abercrombie, Neil, Hawaii, E972 Frelinghuysen, Rodney P., N.J., E971, E972 E973, E974, E975, E976 Baca, Joe, Calif., E969 Hastings, Alcee L., Fla., E971 Radanovich, George, Calif., E970 Boustany, Charles W., Jr., La., E969 Hinchey, Maurice D., N.Y., E970 Reyes, Silvestre, Tex., E967 Brady, Kevin, Tex., E973 Hooley, Darlene, Ore., E975 Sali, Bill, Idaho, E965 Brown-Waite, Ginny, Fla., E969 Jackson-Lee, Sheila, Tex., E966 Butterfield, G.K., N.C., E972 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E965, E965, E966, Skelton, Ike, Mo., E965, E965 Carson, Julia, Ind., E966 E967, E968 Tiahrt, Todd, Kans., E970 Cooper, Jim, Tenn., E976 Kildee, Dale E., Mich., E974 Udall, Mark, Colo., E973 Cummings, Elijah E., Md., E968 Kirk, Mark Steven, Ill., E975 Wamp, Zach, Tenn., E975 Davis, David, Tenn., E972 Lee, Barbara, Calif., E974 Woolsey, Lynn C., Calif., E974 Dingell, John D., Mich., E968 Lewis, Jerry, Calif., E966

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